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2022-11-22 City Council - SP Agenda-3318o Agenda Edmonds City Council tn.. ISLP SPECIAL MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 NOVEMBER 22, 2022, 6:00 PM PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE FOR THE PURPOSE OF PROVIDING AUDIENCE COMMENTS CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR COMMENT BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 THOSE COMMENTING USING A COMPUTER OR SMART PHONE ARE INSTRUCTED TO RAISE A VIRTUAL HAND TO BE RECOGNIZED. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS BY DIAL -UP PHONE ARE INSTRUCTED TO PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. WHEN YOUR COMMENTS ARE CONCLUDED, PLEASE LEAVE THE ZOOM MEETING AND OBSERVE THE REMAINDER OF THE MEETING ON THE COUNCIL MEETINGS WEB PAGE. THIS MEETING IS STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. "WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND ACKNOWLEDGMENT 1. CALL TO ORDER/FLAG SALUTE 2. LAND ACKNOWLEDGEMENT 3. ROLL CALL 4. APPROVAL OF THE AGENDA 5. PRESENTATION 1. Small Business Saturday Proclamation (5 min) 6. AUDIENCE COMMENTS THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. Edmonds City Council Agenda November 22, 2022 Page 1 7. RECEIVED FOR FILING 1. Claim for Damages from Al Ansari & Paul Stromme for filing (0 min) 2. Written Public Comments (0 min) 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Special Meeting Minutes of November 15, 2022 2. Approval of Council Regular Meeting Minutes of November 15, 2022 3. Approval of payroll and benefit checks, direct deposit and wire payments. 4. Approval of claim checks. 5. EPOA Commissioned MOU Wage Reopener & Commanders 6. EPOA Law Support MOU Wage Reopener 7. Edmonds Employee Association, Local 3517 (AFSCME Council 2) 2022-2024 collective bargaining agreement 8. Confirmation of Diversity Commission Appointees Anil DeCosta & Jessie Owen 9. COUNCIL BUSINESS 1. 2023 Legislative Agenda (20 min) 2. Resolution on Findings of Fact for the Emergency Interim CG Step Back Ordinance 4278 (10 min) 3. City Attorney Contract Extension Discussion (50 min) 4. 2023 COLA for non -represented employees (20 min) 5. 2023 HR Budget Requests (20 min) 6. Council Budget Discussion (50 min) 10. MAYOR'S COMMENTS 11. COUNCIL COMMENTS ADJOURNMENT: (10:00 PM) Edmonds City Council Agenda November 22, 2022 Page 2 5.1 City Council Agenda Item Meeting Date: 11/22/2022 Small Business Saturday Proclamation Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Observed on the first Saturday after Thanksgiving, Small Business Saturday encourages holiday shoppers to patronize brick and mortar businesses that are small and local. Staff Recommendation Narrative This year Small Business Saturday falls on November 26. Since its inception, Small Business Saturday has become the biggest sales day of the year for many small companies. Every time you pick up a cup of coffee from your neighborhood cafe, or buy a gift from a local artist, you're shopping small and making a difference. Shopping small helps to promote a more vibrant community and now, more than ever, small businesses need our support. Attachments: SBS_2022_EdmondsWashington Packet Pg. 3 O City of Edmonds A Office of the Mayor !S15ALL SMALL BUSINESS SATURDAY 2022 Whereas, the government of Edmonds, Washington celebrates our local small businesses and the contributions they make to our local economy and community; and Whereas, according to the United States Small Business Administration, there are 32.5 million small businesses in the United States, small businesses represent 99.7% of firms with paid employees, small businesses are responsible for 62% of net new jobs created since 1995, and small businesses employ 46.8% of the employees in the private sector in the United States, and Whereas, 79% of consumers understand the importance of supporting the small businesses in their community on Small Business Saturday®, 70% report the day makes them want to encourage others to Shop Small°, independently -owned retailers, and 66% report that the day makes them want to Shop Small all year long; and Whereas, 58% of shoppers reported they shopped online with a small business and 54% reported they dined or ordered takeout from a small restaurant, bar, or caf6 on Small Business Saturday in 2021; and Whereas, Edmonds supports our local businesses that create jobs, boost our local economy, and preserve our communities; and Whereas, advocacy groups, as well as public and private organizations, across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday; Now, Therefore, I, Mike Nelson, Mayor of Edmonds, Washington do hereby proclaim, November 26, 2022, as: SMALL BUS/NESSSATURDAV and urge the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year. Mike:,elson, Mayor — November 22, 2022 Packet Pg. 4 7.1 City Council Agenda Item Meeting Date: 11/22/2022 Claim for Damages from Al Ansari & Paul Stromme for filing Staff Lead: NA Department: Administrative Services Preparer: Marissa Cain Background/History N/A Staff Recommendation Acknowledge receipt of Claims for Damages for filing. Narrative Al Ansari 9304 Olympic View Dr (TBD) Paul Stromme 220th Street SW & Hwy 99 (TBD) Attachments: Claim for Damages - Al Ansari - for council Claim for Damages - Paul Stromme - for council Packet Pg. 5 7.1.a CITY OF EDMONDS CLAIM FOR DAMAGES FORM NOV 15 202' Date Claim Form Received by City Please take note that an S who currently resides atut _ mailing address home phone # work phone # . and who resided at at the time of the occurrence and whose date of birth is �r, is claiming damages against 1 r� ; ���� �_ _�' �._ in the sum of $ arising out of the following circumstances listed below. DATE OF OCCURRENCE: TIME: AvCLL-A 10 QAq LOCATION OF OCCURRENCE: DESCRIPTION 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. Lin— L , v - L I i -,_ .1 . (atfach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. ] 1 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. / 4. Have you submitted a claim for damages to your insurance company? Yes V No If so, please provide the name of the insurance company: and the policy #: License Plate # Type Auto * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY * * Driver License # (year) (make) DRIVER: (model) OWNER Address: Address: Phone#: Phone#: Passengers: Name: Name: Address: Address: Page 1 of 2 E U Form Revised 04/09/2021 Packet Pg. 6 7.1.a This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. I declare u er penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signatur6 of Clalm nt Date and place (residenti'a d! as d ess, city and county) Or Signature of Representative Date and place (residential address, city and county) Print Name of Representative Bar Number (if applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 51h Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. E U Form Revised 04/09/2021 Page 2 of 2 Packet Pg. 7 CITY OF EDMONDS CLAIM FOR DAMAGES FORM 140V 16 2022 Date Claim•Fonn Received by City Please take note Pat_��_ir%r`YZ% who currently resides at mailing address __fa',� home phone _ work phone hd who resided at at the time of the occurrence -and whose date of birth is ��_ s claiming damages 1. against in the sum of $ arising out of the following circumstances listed below. DATE OF OCCURRENCE: LOCATION OF OCCURRE DESCRIPTION: Describe the conduct and circumstance that brought abolt the injury or damage. Also des ribe the injury or a� a� E 0 L 0 E U .1 U �. - �r tt an extra sheet for additional information, if needed) r IDf, Provide a list of -tresses, if applicable, to the occufrencT[nudfig �a�es, addresses. and phone number �'� E - a - N_ F a 3 R 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. r N m a� 4. Have you submitted a claim for damages to your insurance company? Yes No E 4 M If so, please provide the name of the insurance company: c and the policy #: �� - l �- E ! - — •mow Ca *' ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY U r License Plate Type Auto: _ E L) w DRIVER: Q Address: Phone#. Passengers: Name: Address: Form Revised 04/09/2021 Page 1 of 2 Packet Pg. 8 This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. 'Claimant Date and place (residential address, city and county) Or Signature of Representative Print Name of Representative Date and place (residential address, city and county) Bar Number@ applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 5t' Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. E .2 U Form Revised 04/09/2021 Page 2 of 2 Packet Pg. 9 7.2 City Council Agenda Item Meeting Date: 11/22/2022 Written Public Comments Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History N/A Staff Recommendation Acknowledge receipt of written public comments. Narrative Public comments submitted to the web form for public comments <https://www.edmondswa.gov/publiccomment> between November 3, 2022 and November 16, 2022. Attachments: Edmonds City Council Public Comments 20221122 Packet Pg. 10 7.2.a Edmonds City Council Public Comments 11/22/2022 Submitted on: 11/15/2022 6:06:42 AM Name: Ken Reidy City of Residence: Edmonds Agenda Topic: Public Hearing on CG Step Back Interim Ordinance Comments: City Council is considering yet another interim ordinance, this time related to CG Step Backs. Edmonds City Council has violated RCW 36.70A.390 on multiple occasions in the past. For example, The required Public Hearing for Ordinance 3992 was not held until 77 days after City Council adopted the interim ordinance. The required Public Hearing for Ordinance 4210 was never held. What stands out in both examples above is the lack of City Council willpower to address Council's illegal conduct PLUS hold those responsible accountable. Now we come to the latest interim ordinance. Unlike the Emergency Ordinances (4209 and 4210) to allow Streateries in ROW & Outdoor Dining without CU permit, which were on the December 15, 2020 Agenda as "Unfinished Business", this one is on the November 15, 2022 agenda as "Public Hearing'. Why the different treatment? If something is truly an emergency, how could Council have time to provide public notice for a public hearing? The draft Ordinance found starting on Page 457 of the November 15, 2022 Council Agenda Packet declares AN EMERGENCY in its title and contains an entire section (Section 5) that discusses Declaration of Emergency. Despite this, the draft Ordinance contains the following nonsensical representation: If it is only approved by a majority of the Council, it will take effect five days after passage and publication. This is not true. If less than a majority plus one of the entire membership of the Council vote to approve this proposed emergency ordinance, the motion fails, plain and simple. To pass a CG Step Backs ordinance as a regular ordinance, will require the draft of an Ordinance that removes all references to "emergency" and a separate motion to pass an Ordinance that is not an emergency. Please adopt better practices and please hold accountable whoever has informed you that Council can adopt an Ordinance that is not an emergency under a Motion to adopt an Emergency Ordinance. Submitted on: 11/15/2022 6:48:52 AM Name: Ken Reidy City of Residence: Edmonds Agenda Topic: Public Hearing on the 2023 Proposed Budget Comments: PLEASE review how Edmonds city government obtains its legal advice. My opinion is: History supports the argument that the quality of legal advice and inconsistency of legal advice is evidence that citizens of Edmonds pay far too much for a City Attorney. I believe the poor condition of our City Code for over 20 years provides more evidence that citizens of Edmonds pay far too much for a City Attorney. I believe the attempt to update our Street Vacation Code provides more evidence that citizens of Edmonds pay far too much for a City Attorney. I believe the fact that the City Attorney had c m E E 0 U 0 a c m Packet Pg. 11 7.2.a thousands of hours available to work on the Ebb Tide matter is more evidence the citizens of Edmonds pay far too much for a city attorney. I believe the multiple violations of RCW 36.70A.390 (including Ordinance 4210) are more evidence that citizens of Edmonds pay far too much for a City Attorney. I believe the release of all ownership interest in stormwater facilities at 22901 Edmonds Way without complying with RCW 35.94.040 is evidence we pay far too much for a City Attorney. I also encourage City Council to budget funds to return the money the City wrongly charged Westgate Chapel for a Street Vacation. I think the Edmonds City Council should also approve reimbursement to Westgate Chapel for the cost of preparing all the easement documents Westgate Chapel had to prepare rather than the City of Edmonds retaining an easement as State and City law allow. The definition of "reserve for the city" is very easy to understand: In vacating a street, alley, or easement, the city council may reserve for the city any easements or the right to exercise and grant any easements for construction, repair and maintenance of public utilities and services. [Ord. 3910 A§ 1, 2013; Ord. 2933 A§ 1, 19931. Edmonds City Council should have "reserved for the city" what the city of Edmonds needed so the third -party utilities could have continued using portions of 92nd Avenue West under their franchise agreements. Had the City Council done what law allows, the City of Edmonds could not have also charged compensation. Our law is clearly Either:OR. Finally, please budget the proper amount needed for delivery of a vastly improved City Code by a date in time. The entire City Code needs to be updated, both the ECC and the ECDC. Submitted on: 11/15/2022 7:47:41 AM Name: Ken Reidy City of Residence: Edmonds Agenda Topic: Public Hearing on Proposed 2023-2028 Capital Facilities Plan & Capital Improvement Program Comments: The October 13, 2015 City Council Packet includes a draft of the "Planned Development Code Organization". Within this, the 2022 City Council can see discussion that the Official Street Map and the Comprehensive Sidewalk Plan both will need updating. Has the Comprehensive Sidewalk Plan been updated since it was adopted in 1984/1985? Chapter 15.50 ECDC states: In addition to the use of the comprehensive sidewalk plan as a part of the comprehensive plan of the city of Edmonds, said plan through Chapter 18.90 ECDC, will serve as a policy statement of the city council and shall be used as a tool in the consideration of the construction of sidewalks as a part of the public works programs of the city. It shall also be used in order to determine the construction and placement of sidewalks as a part of the development review process. The development review process for the purposes of this chapter and for Chapter 18.90 ECDC is hereby defined to be the review of any subdivision request whether formal or short plat, any application for a planned residential development and any request for a building permit. [Ord. 2477, 1985]. The Proposed 2023-2028 Capital Facilities Plan & Capital Improvement Program includes 14 sidewalk installation projects. Please ask City Staff to disclose if these 14 projects are included in the City's Comprehensive Sidewalk Plan. Also, is the Waterfront Walkway a sidewalk? If not, what is the difference between a walkway and a sidewalk? Does the City have walkway standards like it has street and sidewalk standards? I know that a "clear zone" must be maintained on public sidewalks or walkways. Are walkways subject to other laws that apply to sidewalks? Is a walkway a U) c m E E 0 U 0 a c m Packet Pg. 12 7.2.a right-of-way? Prior to approving the CFP/CIP, please require City Staff to make full disclosure as to whether the City has the rights needed to construct the Waterfront Walkway on the Ebb Tide owners' fee title property. Please ask if the City Administration intends to pursue rights to use additional portions of the Ebb Tide owner's private property to facilitate construction of an elevated walkway. I think it improper to approve the CFP/CIP without making full disclosure as to whether the City has all the rights the City needs needed to construct the Waterfront Walkway on the Ebb Tide owners' fee title property. Also, who has the duty to maintain the walkway? Is it the duty of the adjacent property owner similar to what is discussed in ECDC 18.90.040? Submitted on: 11/15/2022 8:17:59 AM Name: Ken Reidy City of Residence: Edmonds Agenda Topic: General Audience Comments for the November 15, 2022 City Council Meeting Comments: For years, I have tried to make City Council aware of the provision of false, misleading, inaccurate, or incomplete information to City Council and the harm such can cause Council's constituents. In addition to trying to make City Council aware of these situations, I have also pushed for a tool to help reduce the provision of false, misleading, inaccurate, or incomplete information to City Council and for a tool the City Council can use after a legislative act has taken place. I have promoted improved Executive Session record keeping. Contrary to my multi -year efforts, Council chose to do away with minutes of Executive Session in one of the ugliest legislative processes I have ever witnessed. It is hard to understand why the 2016 City Council would act in this fashion and vote for something contrary to the public interest. Prior to the vote, I made sure Council was aware of an example of a blatant false representation in Executive Session as well as a violation of the Open Public Meetings Act documented in the October 18, 2005, Executive Session Meeting Minutes. Nonetheless, Council voted to repeal Resolution 853 - an act I strongly believe fueled greater distrust in City government. I have promoted clear, consistent procedures that can be used to request reconsideration of prior legislative acts - especially those legislative acts that history proves were voted on after the provision of false, misleading, inaccurate, or incomplete information to City Council. No rules and procedures have been adopted and I fear the City is still operating under the different rules for different people concept. Wouldn't it be wise and prudent to adopt clear, consistent procedures that govern requests for reconsideration? Shouldn't priority be granted to reconsidering legislative acts that were voted on after the provision of false, misleading, inaccurate, or incomplete information to City Council? In summary, it is hard to understand the conduct of Edmonds City Council. Per MRSC: The essence of the legislative process is the give and take of different interests, and the search for a compromise that is acceptable to the majority. It is critical that the compromise is not based on the provision of false, misleading, inaccurate, or incomplete information to City Council prior to its vote. Please do all you canto end this practice and change the culture of Edmonds City government Submitted on: 11/15/2022 6:43:46 PM c m E E 0 U v 0 a c m Packet Pg. 13 7.2.a Name: Natalie Seitz City of Residence: Edmonds Agenda Topic: SEIS for the SR99 subarea plan and public hearings (because there is no other way to provide written hearing comments) Comments: I will be unable to attend the council meeting tonight. Would you please consider the following comments • I support all Edmonds residents having access to equitable public processes, the residents of SR99 are entitled to no less public process than those from downtown supporting the revisions to BD2. • I support inclusionary housing that provides a range of options to meet the needs of all Edmonds residents in all areas of the City. The siting of high density residential in the SR99 corridor without proper housing structure and infrastructure is inequitable and exclusionary. • The council took needed action on 10/18 to identify that the Final Environmental Impact Statement for the SR99 subarea was insufficient and to require a Supplemental Environmental Impact Statement to be performed. However if a building permit were submitted today it is unclear to city staff if any supplemental environmental review or community notification would need or performed. Please, please clarify the intent of the Council's action to staff that the Final Environmental Impacted Statement is insufficient and should be treated as insufficient by City staff when receiving building permits for the SR99 subarea. Please have City staff immediately clarify to the community if they believe the SR99 subarea plan has SEPA coverage. • Finally, I support any and all amendments that prioritze investments that address the most pressing hazards, public health issues and resource disparities faced by Edmonds residents in this year's budget. Thank you for your time and consideration of these comments. c m E E 0 U v 3 d c m Packet Pg. 14 8.1 City Council Agenda Item Meeting Date: 11/22/2022 Approval of Council Special Meeting Minutes of November 15, 2022 Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation Review and approve the draft meeting minutes on the Consent Agenda. Narrative N/A Attachments: E111522 Special Packet Pg. 15 8.1.a EDMONDS CITY COUNCIL SPECIAL MEETING ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Vivian Olson, Council President Will Chen, Councilmember Neil Tibbott, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER DRAFT MINUTES November 15, 2022 STAFF PRESENT Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The special Edmonds City Council meeting was called to order at 6:30 p.m. by Mayor Nelson in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. 2. EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(I) The council convened in executive session for approximately 30 minutes to discuss pending or potential litigation per RCW 42.30.110(1)(i). The executive session concluded at 6:59 p.m. 3. RECONVENE IN OPEN SESSION The council reconvened in open session at 7:00 p.m. 4. ADJOURNMENT With no further business, the Council meeting was adjourned at 7:00 p.m. Edmonds City Council Draft Minutes November 15, 2022 Page 1 Packet Pg. 16 8.2 City Council Agenda Item Meeting Date: 11/22/2022 Approval of Council Regular Meeting Minutes of November 15, 2022 Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation Review and approve the draft meeting minutes on the Consent Agenda. Narrative N/A Attachments: E111522 Packet Pg. 17 8.2.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES November 15, 2022 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Vivian Olson, Council President Will Chen, Councilmember Neil Tibbott, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Oscar Antillon, Public Works Director Angie Feser, Parks, Rec., & Human Serv. Dir. Susan McLaughlin, Planning & Dev. Dir. Todd Tatum, Comm. Serv. & Econ. Dev. Dir. Rob English, City Engineer Shannon Burley, Deputy Parks, Rec. & Human Serv. Dir. Mike De Lilla, Senior Utilities Engineer Mike Clugston, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 7:01 p.m. by Mayor Nelson in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Council President Olson read the City Council Land Acknowledge Statement: "We acknowledge the a original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Q Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection N with the land and water." w 3. ROLL CALL r c m City Clerk Scott Passey called the roll. All elected officials were present. 4. PRESENTATIONS Q 1. PRESENTATION/UPDATE ON LOWER PERRINVILLE CREEK RESTORATION AND PERRINVILLE CREEK BASIN ANALYSIS City Engineer Rob English introduced Senior Utilities Engineer Mike De Lilla and John Ambrose and Paul Schlenger, ESA. Senior Utilities Engineer Mike De Lilla explained his presentation is a summary of the Perrinville Creek Basin Work 2013-Present and ESA will describe what has happened so far with the Lower Perrinville Edmonds City Council Draft Minutes November 15, 2022 Page 1 Packet Pg. 18 8.2.a project. In his presentation, the text in italics is updated November 2022, the other text has been provided in previous presentations. Mr. De Lilla reviewed the Perrinville Creek Stormwater Flow Reduction Retrofit Study: Current Basin Limits WEST BASIN City of Edmo'ds etra Tech — Figure 5) EAST INFILTRATION j) BASIN J City of Lynnwood i Legentl �_ GOLF ■ COURSE ; 2015 Report Project Criteria 0 30 possible projects (14 Edmonds/16 Lynnwood) feasible sites 0 12 recommended (7 Edmonds/5 Lynnwood) (Meeting all 3 criteria below) ■ Project cost below $450,000* per cfs of 2-year peak flow reduction ■ Overall 2-year peak flow reduction greater than 0.15 cfs ■ Limited siting and construction constraints *2015 dollars Perrinville Flow Reduction Projects/Studies/Agreements (City) o Completed ■ (2013) Talbot Road Drainage Impr/Perrinville Creek Mitigation ■ (2015) Perrinville Flow Reduction Study ■ (2015) Drainage Improvements (Dellwood & 191 st - Raingardens and Infiltration) ■ (2016) Discussions with SCCD* for Municipal Raingarden Program ■ (2018) Seaview Infiltration Project (Phase 1) ■ (2019) Interlocal Agreement with SCCD* ■ (2020) 83rd Ave Raingardens ■ (2020) 81 st Ave Raingardens * Snohomish County Conservation District 0 2022/2023 ■ Seaview Infiltration Project (Phase 2) Nov 14,2022 Start ■ 83rd Ave Raingardens (Phase 2) Delayed due to Staffing ■ Geomorphology Study (Completed) ■ $150, 000 DP to further review Edmonds Portion of Basin ■ $500, 000 DOE Grant Application with Lynnwood to further expand Basin Analysis and cover entire basin. ■ Submitting for USDOT grant due Feb 6, 2023 for Lower Perrinville project. ■ Begin negotiation of 2023 Contract with SCCD* (Late Fall) ■ Continued progress on SMAP (due March 2023) Citv/Snohomish Countv Conservation District Improvement Private Raingardens # Year Installed Watershed 7905 189th Pl. SW 1 2019 Perrinville Edmonds City Council Draft Minutes November 15, 2022 Page 2 Packet Pg. 19 N N w c m E a 8.2.a 8011 180th St. SW 1 2019 Perrinville 18605 79th Pl. W 1 2019 Perrinville 18505 83rd Ave. W 1 2017 Perrinville 7910 187th Pl. SW 1 2021 Perrinville 19011 78th Pl. W 1 2021 Perrinville 7904 191st St. SW 1 2021 Perrinville 7628 191st St. SW 1 2021 Perrinville 8204 182nd Pl. SW 1 2021 Perrinville 7912 191st St. SW 1 2021 Perrinville Updates to City Codes Specific to Perrinville Basin o Development Retrofit (applies to existing unmitigated impervious surfaces to remain): ■ 25% _> 50% (currently 25% citywide) ■ 0%m2015 N N o Flow control: Match 50-year peak => Match 100-year peak (ie. King County Level 3 N Standard) for developments of 10,000sf or more impervious surface area o Edmonds currently in discussions with Lynnwood to make code changes so that these requirements are applicable there as well. o Since June 7, 2022 Debrief E d ■ Lynnwood staff recommending to their council for approval these same updates for their c portion of the Perrinville Basin. Z N Perrinville Basin decision packages for 2023 °' o DP#39 Lower Perrinville Creek c ■ $750, 000 (get permanent design to 60% and submit for grants) o DP#40 Seaview Infiltration Project Phase 2 c ■ $10, 000 (project construction closeout o DP#43 Lower Perrinville Creek Restoration Project ■ $150, 000 (Edmonds basin analysis specific work) M o DP#44 Perrinville Creek Flow Management Project a ■ $120, 000 (Raingardens/Flow Reduction/SCCD Work) o DP#45 Storm & Surface Water Comp Plan Update c ■ $600, 000 (portion of these funds will finish DOE required SMAP, which has to be part of 16 Comp Plan) o Lynnwood Accomplishments a o Completed a ■ (2016) Maximizing the volume of stormwater going into the Lynndale Park infiltration N gallery under the dog park. Exceeding its design capacity and performing well. 'n ■ (2016/2017) Retrofit to the Blue Ridge Pond. ■ (2017) Lynnwood Elementary School is 100% infiltration. UJ r ■ (2017) 12 rain gardens with the Snohomish County Conservation District o 2022/2023 E ■ Stream Keepers plan on installing 6-10 rain gardens with the Perrinville Creek Salmon and Trout Relief fund this summer. Q ■ Teaming with Edmonds for $500,000 DOE grant to study basin to find additional mitigation areas. John Ambrose, ESA, reviewed: • Project Team o Environmental Science Associates (ESA) ■ Hydrologic and Hydraulic Modeling/Design ■ Geomorphology ■ Restoration Engineering Edmonds City Council Draft Minutes November 15, 2022 Page 3 Packet Pg. 20 8.2.a ■ Fish Ecology ■ Permitting o Hanson Professional Services ■ Railroad and Road Bridge Engineering o Shannon & Wilson ■ Geotechnical Engineering o Duane Hartman & Associates ■ Survey Scope of Work for Interim Action and 60% Design of Long-term Solution at Railroad and Talbot Road (red items complete) o Preparing Necessary Information for Infrastructure and Stream Design ■ Topographic survey (utility locate), hydraulic modeling and hydrology, geotechnical investigation, geomorphic analysis/sediment transport, and cultural resources assessment o Design of Interim Action (stream channel and diversion structure modification) ■ Meet with landowners, develop multiple alignment approaches, stake out alignments for property owners, modify alignment per input 0 60% Design of Long-term Solution Railroad Crossing and Talbot Road ■ Structural engineering, bridge design, stream channel design, permitting o Public Engagement and City Council Engagement; Stakeholder Meetings Proposed Sequencing 1. Interim action — in summer 2022 (2023), excavate new stream channel from diversion structure to BNSF culvert 2. Long-term solution design — replace undersized culverts through BNSF embankment with properly sized bridge or box culvert 3. Watershed management recommendations/activities 4. Fish passage at Talbot Road — replace undersized culvert at Talbot Road with properly sized bridge or culvert Interim Alternatives o Dashed lines show three alternative alignments for interim action o Blue box is City's diversion structure o Maintenance of diversion under 2/3 alternatives These have been presented to WDFW, tribes, and landowners easible Edmonds City Council Draft Minutes November 15, 2022 Page 4 Packet Pg. 21 N N W r C d E t V r� r� a 8.2.a . urrently Proposed Alternative Railroad �. 11 ,. 15 Flynn Home McLaughlin Home`m OExisting Trees o Attributes of Currently Proposed Alternative 1. Accommodates the potential future, final channel location through private property. 2. Maintains viewshed and privacy of landowners to the degree practical 3. Improves flood and sediment conveyance to railroad culvert 4. Restores fish access to Lower Perrinville Creek most of the year (diversion needs to be maintained) x klignment • Long-term solution in Lower Perrinville Creek o Properly sized replacement structure through BNSF railroad embankment o Properly sized channel and stream mouth o Eliminate diversion Edmonds City Council Draft Minutes November 15, 2022 Page 5 Packet Pg. 22 N N u� w r c m E a �. 11 ,. 15 Flynn Home McLaughlin Home`m OExisting Trees o Attributes of Currently Proposed Alternative 1. Accommodates the potential future, final channel location through private property. 2. Maintains viewshed and privacy of landowners to the degree practical 3. Improves flood and sediment conveyance to railroad culvert 4. Restores fish access to Lower Perrinville Creek most of the year (diversion needs to be maintained) x klignment • Long-term solution in Lower Perrinville Creek o Properly sized replacement structure through BNSF railroad embankment o Properly sized channel and stream mouth o Eliminate diversion Edmonds City Council Draft Minutes November 15, 2022 Page 5 Packet Pg. 22 N N u� w r c m E a 8.2.a • Talbot Road Culvert Replacement o Properly sized replacement structure at Talbot Road o Sediment management upstream Paul Schlenger, Fisheries Biologist, ESA, reviewed: ai • Salmon and Trout Potentially in Perrinville Creek o Coho salmon o Steelhead a c o Cutthroat trout o Rainbow trout o Chinook salmon (estuary and lowermost reaches only) ■ Would not use Perrinville for spawning but juvenile will use lower parts of stream a o Photo of Coho salmon in Shell Creek this year • Will salmon be able to access Perrinville Creek? c o Yes, the restoration alternatives all include stream slopes less than 5% o This is below the slope limit Washington Department of Fish and Wildlife (WDFW) Fish c Passage Guidance identifies as the maximum slopes for salmon and trout Q ■ Coho salmon up to 7% slopes a ■ Steelhead and cutthroat trout up to 12% slopes N 04 o WDFW guidance is consistent with slopes at which coho were observed in study by Tulalip Tribes and Skagit River System Cooperative in Skagit and Samish Rivers o This is below the slope limit for young Chinook salmon identified I steam -mouth study by w Tulalip Tribes and Skagit River System Cooperative c m E Council President Olson thanked staff and the consultant for the color coding in the presentation. She also expressed her appreciation for the replies she received to questions she submitted. a Councilmember Paine asked whether eelgrass could be expected in the nearshore when the lower end of Perrinville Creek is built out. Mr. Schlenger answered beyond the stream mouth, patchy or continuous eelgrass could be expected. Councilmember Paine asked if the City was engaging with BNSF on any funding opportunities. Mr. Schlenger answered yes, relaying they are also working with BNSF on a regional study. They meet with BNSF every two weeks and have talked to them specifically about this project and the City's pursuit of a U.S. Department of Transportation grant. Councilmember Paine expressed her pleasure that Edmonds was working with Lynnwood who is a key participant in this watershed. She appreciated the updates and hoped they would occur every six months. Edmonds City Council Draft Minutes November 15, 2022 Page 6 Packet Pg. 23 8.2.a Councilmember Teitzel thanked the team for their very interesting presentation. With the current diversion structure, he observed it was not possible for fish to access Perrinville Creek beyond that structure. Mr. Schlenger agreed, advising the structure starts with a vertical drop which fish cannot cross. Councilmember Teitzel asked if the original stream bed traversed the McLaughlin property before the diversion structure was placed. Mr. Ambrose answered there is no data available to determine exactly how the stream channel moved over time. Perrinville Creek carries a high sediment load which is natural for streams like this along Puget Sound, cutting through glacial sediments and depositing that material in the same area it is deposited now. Those channels move over time because they do not have the power to move a large amount of sediment so it deposits in an alluvia fan and the location varies over time. There is indication of low lying depressions to the south, beyond the Robinson property, so it is likely the creek occupied that position for some time. Without accurate records, it is difficult to say where the original streambed was. Available photos only date back to the 1930s when modifications had already made. Mr. Schlenger commented the railroad has been in that location since late the 1800s, but there has not always been the embankment. Mr. Ambrose explained the first original impact was the railroad, followed by Talbot Road and then development of the properties. Councilmember Teitzel said he is very interested in salmon recovery in all the streams in Edmonds. Presuming the streambed issue and the culvert under Talbot Road can be resolved, the stream aligned properly, and a box culvert under the railroad, he asked how far salmon could realistically be expected to travel upstream beyond Talbot Road. Mr. Schlenger said he hasn't walked the entire stream but current databases show about .2 miles from Talbot Road or 1,000 feet upstream. The stream extends a long way beyond that and he did not know if it was in a natural state or if it could be modified to improve how far salmon travel. There are natural barriers in streams and he was unsure if the endpoint defined in the data was a natural or manmade barrier. Councilmember Nand explained she just joined the council and her awareness of culverts and the issue L comes from the huge controversy with salmon access for Orcas, the state and local municipalities playing political football with who is responsible for restoring natural habitat streams before Orcas become extinct. She asked the team to comment generally on upstream partners and the quality of water coming to Edmonds and if the water and habitat would be healthy enough to support salmon spawning. Mr. ° Schlenger responded water quality and quantity is definitely a challenge in urban settings. He stays c optimistic as there are still salmon in a lot of coastal streams and if they have access, they use the habitat. a There are plenty of examples where providing good habitat can extend the reach and that aspect can be Q maintained despite the upstream development. Water quality is an important issue and they are learning more about contaminants and particulates that get into the water; that can be more challenging to address N because it may require lifestyle changes. He intentionally separated his answer in terms of habitat as there are meaningful things that can be done to improve the structure of the steam; the water quality is a w different challenge that requires different tools. m Mr. Schlenger asked if the City had data about Lynnwood water quality. Mr. De Lilla answered there is whatever is required by Ecology and then there is a basin by basin analysis like the City is doing with Perrinville where an issue has been identified and the City needs to go over and above what is required by Q the state. That is where discussions need to happen because the state sets the overall ground rules, but it is up to the entities, such as Edmonds and Lynnwood, to address problems over and above. The other issue is how far to go, for example 6PPD which a hot topic that deserves a lot of attention. Although not an issue for human water quality, it is an issue for fish habitat. That discussion is in its infancy; everyone wants to do the right thing. The intent with whatever is put in is to make it as future proof as possible so something different doesn't need to be done in 2-3 years. Although he hates to say it, sometimes waiting for the data is the right answer. Edmonds City Council Draft Minutes November 15, 2022 Page 7 Packet Pg. 24 8.2.a Councilmember Buckshnis commented although she is not a scientist, she knows a lot of scientists. She asked for a copy of morphology report. She relayed WRIA 8, Puget Sound Partnership, Salmon Recovery, etc. are interested in what's going on. She suggested inviting Senator Cantwell's team to visit the stream, recalling U.S. Representative Larsen's team already visited. She recalled Senator Cantwell included $3.5 million in the transportation budget for the Meadowdale project. There is also a lot of money available in the infrastructure bills. Councilmember Buckshnis asked if the Tribes have given a certain date to restore the stream. Mr. De Lilla answered those discussions are still in process, no date has been set. Councilmember Buckshnis asked if there are plans to look at the post office area and whether a diversion pipe will be needed. Mr. De Lilla answered the post office area will be considered, but the ground water is very high there, which prevents infiltration and requires consideration of other alternatives. At the same time, it is federal property so it will take time. Councilmember Buckshnis reiterated her suggestion for funding via the infrastructure and inflation bills. Council President Olson referred to the sequencing slide, observing the interim project would be done first and the final after. She expressed concern with getting grant money for infrastructure before it is all obligated to other projects. Mr. De Lilla answered the interim and permanent alignments are actually one in the same. Once that work is done, the railroad culvert or bridge would be done and then the work on Talbot Road and on the diversion structure. The goal is to minimize doing double work. The work being done now is to get the design to about 60%, the level that makes the most sense for submitting for grants and the level BNSF wants for their funding. 5. APPROVAL OF AGENDA COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS 0 Mayor Nelson described procedures for audience comments. 0 L Kristy Flynn, Edmonds, representing herself, her husband Todd and their neighbors Jackie and Charles n McLaughlin, explained they live at the lower basin of Perrinville Creek and the creek flows through their a yards prior to passing under the railroad and into the Salish Sea. She emphasized an interim and long term N solution for Perrinville Creek is a highly complicated project. They believe a solution can be implemented 'n that balances a healthy creek habitat with homeowner interests. She encouraged the council to consider their interests as both citizens and homeowners and to ask themselves what they would want if they w owned these properties. They have been in continuous discussion with the City on a solution and they and the City have had many concerns and questions along the way. They have not delayed the project; for E example, the City's original proposal, which they had concerns about, was later determined by the City and consultants to be inoperable due to sewer lines on the west side of their properties. From that point Q forward, they have worked with the City on an option that is workable for all parties including the Tribes and the Department of Fish and Wildlife and until recently it seemed like the effort was headed toward an agreeable solution. Ms. Flynn continued, however, they have now been informed of a potential change in the City's position which is concerning as they thought this was headed toward an interim solution that would be beneficial to all parties and was consistent with history. Perrinville Creek will never be a spawning habitat for salmon unless the following happens: BNSF opens a wider outflow to the Salish Sea than the current 32" pipe, the pipe west of Talbot Road is redone to allow fish passage, and the amount of stormwater in the Edmonds City Council Draft Minutes November 15, 2022 Page 8 Packet Pg. 25 8.2.a creek is drastically reduced to perhaps 1984 era conditions. These stormwaters originate in Lynnwood and starting in 2019 began to send massive amounts of water through South County Park, scouring the creek bed and now sending tons of rock and sediment into the lowest part of the creek through their properties and onto the beach. They appreciate Mike De Lilla's collaborative work style and are confident a reasonable agreement for an interim solution can be reached and achieved that satisfies all involved parties by adequately addressing all the concerns and does not misconstrue history. Joe Scordino, Edmonds, referred to comments in the Perrinville Creek presentation such as alternative, proposal and may be different than originally discussed, questioning whether this should be a council decision and whether it should have been a presentation to council and how the alternatives affect citizens as well as the natural resources. He also heard in the presentation that consideration is being given to leaving the diversion structure. With the diversion structure, juvenile salmon in the creek are shot out into saltwater during high flows; they can make it back but they die if that happens a couple times. He supported a totally thought out plan that protects the natural resources, protects citizens, and finds a way to address the issues. In March 2021, the mayor's put out a press release stating there would be a council - approved restoration plan. The proposed approach is wrong because it does not look at the big picture. He suggested the City consider a diversion structure upstream of the post office where the pipe starts and divert water under 76' Avenue. There is a similar structure on Daly Street for Shell Creek. Leaving the diversion structure at the lower end is ridiculous as it relates to natural resources. This should be a council decision with citizen input. He was concerned about natural resources, but he was also concerned about the citizens of Edmonds. He was troubled that every year there was a new CIP, it is supposed to be a 6- year plan. Jim Ogonowski, Edmonds, thanked Mayor Nelson for joining other mayors in Snohomish County to advocate for enhanced safety measures, and although that is a good first step, it is not enough. The council needs to consider what additional legislation it can pass to help law enforcement; the council should seek input from the police chief and act accordingly and quickly. The no camping in public spaces was a good first step and more needs to be done. He was disappointed the decision package regarding the prosecuting attorney was withdrawn and suggested it was a worthwhile discussion for the council to have. In his opinion, the City would be better served by a different prosecuting attorney. 7. RECEIVED FOR FILING > 0 L Q 1. CLAIMS FOR DAMAGES FROM JAEBEOM KOH FOR FILE Q 8. APPROVAL OF CONSENT AGENDA ITEMS N u� COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items w approved are as follows: E 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF NOVEMBER 1, 2022 2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF NOVEMBER 2, 2022 Q 3. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF NOVEMBER 7, 2022 4. APPROVAL OF CLAIM CHECKS 5. PERMANENT BD2 DESIGNATED STREET FRONT MAP AND BD USE TABLE CLARIFICATIONS 9. PUBLIC HEARINGS Edmonds City Council Draft Minutes November 15, 2022 Page 9 Packet Pg. 26 8.2.a 1. PUBLIC HEARING - CG STEP BACK INTERIM ORDINANCE Planning and Development Director Susan McLaughlin explained this item is before the council as a result of discussion with the community, staff and council about the Highway 99 subarea plan and 5-year action. Subsequent to that community members researched materials in the EIS, recognizing that step backs were discussed in the draft EIS, but were not included in the subsequent final EIS mitigation measures or in the development code update to Chapter 16.60. Ms. McLaughlin explained the subarea plan was adopted in August 2017 and was the result of a significant amount of public engagement and mobilizing around goals for the corridor which included fostering revitalization on the corridor. One of key points at that time was recognizing that adjacent cities were yielding good benefits from development along the corridor including not only housing but also public improvements. Recognizing that interest and the need, the City engaged in the subarea plan. At the end of that process, chapter 16.60 was updated and some of those development regulations included more stringent development regulations for the CG zone such as ground level transparency, streetscape requirements, step backs adjacent to residential, and fostering transit oriented development. In parallel with those recommendations, a draft EIS was created which was a planned action, basically recognizing the cumulative impacts of upzoning the area and mitigating against those impacts in the draft EIS and subsequently in the final adopted EIS. There are discussions in the draft EIS about step backs adjacent to and across the street. At the last council hearing, staff recognized the concern from the neighborhood and wanted to support quick action similar to what was done in the BD2 zone. She commented the City received a VISION 2040 award from the Puget Sound Regional Council for this plan. Ms. McLaughlin acknowledged there was some confusion about the draft EIS as it relates to step backs across the street from single family residences which resulted in: • Interim Ordinance process o Council adopted emergency interim ordinance (Ordinance 4278) on October 4, 2022 to put in place step backs across the street o Council public hearing within 60 days (November 15) o Council must issue findings to retain or vacate interim ordinance. • Interim CG Step back across from RS zone 2. For buildings across the street from RS zones, the portion of the building above 25 feet in height shall step back no less than 8 feet from the required street setback. That portion of building over 55 feet in height shall step back no less than 16 feet from the required street setback. o Diagram of step back Xei9ht Limit 7S I— —I F5gh, 5' ]Vftreet Sel6ack • Critical information discovered since emergency interim ordinance o Step backs across the street from RS zones were considered and dismissed in 2017 Edmonds City Council Draft Minutes November 15, 2022 Page 10 Packet Pg. 27 N N r LU j.i C d E t V a ■ Council discussed on June 20, July 18, and July 31, 2017 - July 18 staff agenda memo offered step back options of an even lesser extent of 5'; Council did not include step backs in their recommended draft language although it was discussed at hearing and staff made explanation of why they were not recommended. ■ Council unanimously approved CG code without step backs across the street from RS on August 15, 2017 (along with unanimous approval of Subarea Plan and Planned Action SEPA FEIS) ■ Step backs adjacent to RS zones were included in the CG code in revised ECDC 16.60, those across the street were not included Ms. McLaughlin explained most rights -of -way are 60' wide. When adding 10-20 feet setbacks on either side for residential or the new CG zone requirements, results in a 80' separation across the street from a single family residence. It was concluded via consultant analysis and review and discussion with council that 80' of separation provides sunlight, respect of privacy, etc. The council also confirmed the importance of a robust streetscape design to beautify the street edge which was subsequently adopted in chapter 16.60. Staff has learned a lot since October 4th and she talked to some of the neighborhood stakeholders today. She validated that change is difficult, especially the transition between single family and seven stories allowed in the CG zone. She was not negating that concern, but wanted to pinpoint a solution that did not go back on robust conversations and decisions made with developers and the neighboring communities along with staff and consultant analysis because it is important to have developer confidence and partnerships with developers to get public improvements in this neighborhood. Ms. McLaughlin reviewed: • Permanent ordinance process o Emergency ordinance valid through April 6, 2023 o Council must issue findings to retain or vacate interim ordinance. ■ Direct staff to draft findings for discussion at December council meeting o Based on new information, staff recommends vacating the interim ordinance ° ■ Recognizing benefit of early collaboration with neighborhood, staff recommends c neighborhood meeting requirements at the onset of projects as part of the minor code Q amendment package anticipated to go to Council in early Q 1 Q o If retained, staff will take project through the planning board to consider modifications, and back to council in early 2023 N Councilmember Buckshnis commented it was helpful to see the minutes of the council vote. That w planning process took a long time and she did not recall the step back issue in this area. She recalled discussing it ad nauseum for the downtown business area. She recommended continuing with this ordinance and expressed her support for step backs. Ms. McLaughlin advised the minutes were circulated to council today, recognizing that was a critical part of staff s recommendation tonight. a Councilmember Nand recalled Ms. McLaughlin mentioned at previous meetings concerns with developer confidence about proceeding with projects if there are zoning changes or if the community and planning board recommend changes to the subarea plan approved in 2017. She asked if any developers have expressed qualms or a desire to pull back if the neighborhood and planning board process recommends significant changes to the subarea plan reflective of the considerable pushback council has received from the community. Ms. McLaughlin answered one of unfortunate things about an emergency ordinance is it does not go through the required notification process. Staff has heard concerns from the development community who already have projects in pipeline; however, there has not been a large scale notification to the other affected parcels, a total of 39.3 acres of development potential. She would love to have an Edmonds City Council Draft Minutes November 15, 2022 Page 11 Packet Pg. 28 8.2.a opportunity to do that depending on the council discussion tonight. She anticipated the council would likely hear from the development community during the public hearing testimony. Councilmember Tibbott said he was very interested in the public testimony. He asked staff to review the decision the council is being asked to make and the timeline. Ms. McLaughlin answered tonight is a public hearing; typically on public hearing evenings, council listens to the community and staff, deliberates and ask questions, but does not make a decision. Staff will come back to the council in December if council decides tonight to move forward with an emergency ordinance. Staff will also come back to council after taking this through the planning board in early 2023. Councilmember Tibbott relayed his understanding of the process: the council will be listening tonight, forming opinions over the next couple weeks and sometime in December, make a decision whether to retain the interim ordinance or abandon it. Senior Planner Mike Clugston responded the council's decision will be whether to uphold the interim ordinance and send to the planning board for further review/recommendation or to vacate/eliminate it. City Attorney Jeff Taraday pointed out section 3 of the interim ordinance states no later than the next regular meeting immediately following the hearing, the city council shall adopt findings of fact on the subject of this interim ordinance and either justify its continued effectiveness or repeal the interim ordinance. While the council does not have to give him that direction tonight, some action needs to be taken at next week's council meeting with regard to either continuing with the interim ordinance or repealing it. Councilmember Tibbott relayed his understanding that means the council would not wait until December, but taking action next week. Mr. Taraday said he was not clear if Ms. McLaughlin was referencing some other action that would occur in December, but the decision whether to continue with the interim ordinance is a decision that needs to be made next week. Councilmember Paine agreed the minutes would be very helpful. She asked if the Supplemental EIS will still be pursued. Ms. McLaughlin answered yes, as the council took action on the SEIS. With regard to a permanent decision being made in December, Council President Olson asked if the 0 council wants to continue the interim ordinance because councilmembers are not ready to make a decision c on the permanent ordinance, would that be a finding of fact to continue the interim ordinance. Mr. a Taraday answered yes, that is the reason for an interim ordinance, to finalize the planning process. He was Q not clear from Ms. McLaughlin's remarks whether the reference to December was adoption of a new permanent CG or something else. The interim ordinance can remain in place until a permanent ordinance N is ready to be adopted. There is nothing that requires the interim ordinance remain in place during the continued analysis. The council has a decision to make during this period of time the City is reevaluating w development in the corridor about what is best for the community during the next few months, whether it r is better to have the interim in place or have no interim ordinance in place and go back to the preexisting regulations. That is fundamentally the council's choice. Council President Olson asked for clarification, if the council maintains the interim ordinance, the council Q still has the option at the end of the interim period or any tine between now and then to vacate it. The council is not locked into the entire interim period. Mr. Taraday answered even if the council decided next week to leave the interim in place, it is not obligated to leave it in place for the full six month period. At any point in time if the council gets new information or becomes aware of a change in circumstances that requires the interim ordinance to repealed earlier, the council is not prevented from repealing it earlier. Mayor Nelson opened the public hearing. Edmonds City Council Draft Minutes November 15, 2022 Page 12 Packet Pg. 29 8.2.a Stanley Piha, Seattle, one of owners of the vacant land at 84t' & 236t'', said he learned about the CG emergency interim ordinance after its passage by council on October 4, 2022. For nearly one year, they have been under a purchase and sale agreement with a builder/developer to acquire the site. During the period of this agreement, they have been working diligently on plans to construct a multifamily transit oriented development in accordance with the zoning code and rules put in place by the City. They have not requested any deviations from the code and have applied the requirements as mandated by the code and development plans. The intent was to close at the end of December; the interim ordinance has thrown this into an abyss and they do not know what the possibilities of this process will be. He was taken aback to learn of the implementation of the CG interim ordinance. First, the subject of step backs was fully vetted in the public hearing process in 2017. Public hearing presentations to the city council by the consultant, senior planner, and FEIS consultant concluded that step backs for residentially zoned properties across the street were not warranted due to the separation generated by the required setbacks on each property plus the width of the City right-of-way. A step back for single family residential properties adjacent to CG zoned properties were warranted and were included in the planned action. Mr. Piha continued, proof of this is clearly found in the public record and video of the city council meetings occurring on June 20, July 31, and August 15, 2017. The presentation to the council by Kernen Lien on October 4, 2022 that resulted in the passage of the CG interim ordinance was misleading and inaccurate. Contrary to his assertions as evidenced by the public hearing noted previously, the step backs across the street from single family zoned properties was fully presented, discussed and vetted during the public hearing. Councilmembers Teitzel, Tibbott, Buckshnis and then-Councilmember Nelson were in attendance and provided comment and questions. At the conclusion of the August 15, 2017 public hearing, the city council voted unanimously to approve the planned action. It is understandable with so much City business to attend to that the institutional memory of prior public hearings and council meetings can get lost, but the record is clear. The subject of step backs for residential properties across the street was not missed and was thoroughly discussed and vetted by the council before passing the ordinance. Brian Bergstrom, Synergy Construction, owner representative of the developer of the property at 84t' & a 2361, commented they were quite surprised to learn of the passage of the emergency ordinance on � October 4, 2022 and immediately mobilized their architects to analyze what this meant to the feasibility ° of their project. The impact was significant, 40-50 housing units may potentially be lost if the emergency c ordinance were to stand as currently implemented. They recognize this issue arose due to concerns from Q the community and hope this project will become part of this community. He expressed their willingness Q to work with City staff to find a workable solution for the project, the City and the community. They chose Edmonds due to its wonderful attributes and hope to continue and close their transaction with Mr. N Piha. He hoped a timely solution could be found as every day this continues has a significant impact on their project. Their project is currently in for design review which has now been placed on hold. w r Theresa Hollis, Edmonds, a resident in the neighborhood where the Terrace Place Apartments are proposed, expressed her appreciation for the historical context Ms. McLaughlin provided today about the robust public engagement process in developing the subarea plan for Highway 99. She asserted none of the neighbors on 84t1i Street who participated in the 2017 public engagement process asked the City to get Q rid of the transition between single family and general commercial or high rise multifamily. Yet, that is what happened in the council decision making. The lots on 84' between 238' and 236t' were upzoned from multifamily 1.5 to CG. It will be a huge change to have a 6 story structure plus underground parking on the corner of 236t' & 84t''. She preferred the project proposed a couple years ago, a 4-story adult family home as there needs to be more supportive housing units, but that project did not move forward. There is no rush to make a decision; she recognized from the business perspective, this is rehashing past decision making. A single family home on this site was razed about 20 years ago and the property has remained vacant. There is no longer a transition zone between single family and high rise multifamily on 84t''. The most significant mitigation to address that is the step backs. She requested the council permanently codify Edmonds City Council Draft Minutes November 15, 2022 Page 13 Packet Pg. 30 8.2.a step backs for high rise buildings across the street from single family where the transition zone has been eliminated. Judi Gladstone, Edmonds, a resident adjacent to the Highway 99 subarea planning area, voiced her support for making the emergency ordinance passed in October 2022 a permanent revision to the Edmonds zoning code. She recognized there was some history to this issue but hoped the council appreciated those who participated in that process were not representative of the impacted neighborhoods adjacent to the subarea plan. In her opinion, one of the main reasons for the step back was to provide the transition that was taken away by changing the area from multifamily to CG and mitigating the bulk and mass. Siting multifamily across the street from single family residential has a significant impact on transportation, parks and sidewalks and aesthetically. The zoning changes would not have been needed if it had not been upzoned to General Commercial and it remained multifamily as was done on the northern part of Highway 99 corridor. While the council may have discussed this, she assumed the neighbors did not voice their opinions. She lived in this area at the time and knew nothing about it. The step backs are important and provide the mitigation needed to provide for a transition. In other areas along Highway 99, the single family residential is not adjacent. It is not about shadows and distance, it is about aesthetics, traffic, parks, etc. This is one of the only mitigations available; she appreciated the developers offer to have a conversation. She supports multifamily in this corridor but wants to preserve the sense of neighborhood as described in the comprehensive plan and the subarea plan. She hoped the council would honor that even if the wrong decision was made in the past. With no further public testimony, Mayor Nelson closed the public hearing. Council President Olson commented in light of the information provided, she sensed the council needed more time to make a decision. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ASK THE CITY ATTORNEY TO DRAFT FINDINGS OF FACT AND RESOLUTION TO EXTEND THE INTERIM ORDINANCE. Council President Olson commented there is also the option to ask the city attorney to draft finding of fact to retain and to lift the interim ordinance. Mayor Nelson asked if the motion needed to state the timeline for the extension. Mr. Taraday answered a the six month limit under state law would be the default unless the council directs him otherwise. Section 2 of the interim ordinance states it has a 6 month duration. N N Council President Olson clarified her motion was to extend the emergency ordinance. w r Councilmember Teitzel said he was unsure what the motion would accomplish. His understanding was the council will vote next week whether to extend the emergency ordinance for six months and during E that six months, the council could choose to lift it, eliminate it or something else. W a Council President Olson explained findings of fact need to be adopted next week to extend the ordinance and they will not be prepared unless the council asks for them. Councilmember Tibbott clarified the motion is for the city attorney bring back findings of fact next week. Council President Olson agreed. Councilmember Chen relayed his understanding that community members and certain developers are seeking solutions for a win -win. If the council extends the emergency ordinance for six months and a workable solution can be reached, he wanted to be certain that the council had the option to lift the Edmonds City Council Draft Minutes November 15, 2022 Page 14 Packet Pg. 31 8.2.a interim ordinance sooner. Council President Olson assured the council can lift the ordinance as soon as resolution is reached. MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING ON PROPOSED 2023-2028 CAPITAL FACILITIES PLAN & CAPITAL IMPROVEMENT PROGRAM City Engineer Rob English advised Senior Utilities Engineer Mike De Lilla, Public Works Director Oscar Antillon, Parks, Recreation are available to answer questions. He reviewed the following, highlighting several projects: • Public Works & Utilities o 2023-2028 CFP & CIP ■ Combined CFP & CIP Document - Transportation - Utilities Water Stormwater • Sewer - Facilities - Wastewater Treatment Plant - Comparison to previous year Public Works & Utilities - Transportation c 0 2023 Pavement Preservation Projects a ■ 2023 Pavement Preservation Program DP#64 - Decision package will be reduced from $1.5 million to $1.1 million ■ 76th Ave Overlay Close-out DP#65($15k) L ■ Main St. Overlay 6th Ave - 8th Ave DP#69($157k) M - 2023 Design / 2024 Construction - $750K Federal Grant - 11 New ADA Ramps G 0 2023 Safety & Capacity Projects > ■ Hwy 99 Revitalization/Gateway DP#66 ($2.6M) ° ■ Hwy 99 Stage 3 244" St-238t' St DP#67 ($1.1M) a ■ Hwy 99 Stage 4 224t' St-220th at DP#68 ($740K) ■ 76th Ave/220th St Intersection DP#63 ($761K) N ■ SR-104 Adaptive System DP#70 ($243K) ■ Traffic Signal Safety & Upgrades DP#73 ($30K) w ■ Guardrail Improvements DP#74 ($20K) 0 2023 Active Transportation Projects & Planning ■ Transportation Plan Update DP#62 ($170K) E ■ Citywide Bicycle Improvements DP#71 ($1.7M) ■ Green Streets DP#72 ($297K) Q ■ Pedestrian Safety Program DP#75*($80K) ■ Traffic Calming Program DP#76*($33K) ■ Citywide Street Lighting Study DP#77 ($60K) ■ Elm Way Walkway DP#78 ($901K) *increase from decision package in budget Public Works & Utilities - Utilities o 2023 Water Utility ■ 2022 Replacement Program DP#34 ($10k) ■ 2024 Replacement Program DP#35 ($506K) Edmonds City Council Draft Minutes November 15, 2022 Page 15 Packet Pg. 32 8.2.a ■ Waterline Overlays DP#36 ($50K) ■ Yost/Seaview Reservoir Repairs DP#37 ($805K) ■ 2023 Replacement Program DP#38 ($1.7M) 0 2023 Stormwater Utility ■ Perrinville Creek Basin Projects - Lower Perrinville Creek Restoration DP#39 ($750K) - Perrinville Creek Basin Analysis Update DP#43 ($150K) - Perrinville Creek Basin Flow Mgmt DP#44 ($120K) ■ Seaview Infiltration Facility Ph 2 DP#40 ($1 Ok) ■ Stormwater Overlays DP#41 ($200K) ■ 2024 Replacement Program DP#42 ($290K) ■ Storm & Surface Water Comp Plan DP#45 ($600K) ■ Lake Ballinger Floodplain DP#46 ($750K) ■ Edmonds Marsh Water Quality Impr* ($366K) ■ Inadvertently left out of 2023 decision package 0 2023 Sewer Utility ■ 2022 Replacement Program DP#49 ($30k) ■ 2024 Replacement Program DP#50 ($349K) ■ Sewerline Overlays DP#51 ($200K) ■ 2023 Replacement Program DP#52 ($1.6M) ■ Cured in -place pipe rehabilitation DP#53 ($423K) 0 2023 WWTP ■ WWTP Clarifier 1 Rehabilitation DP#54 ($350K) ■ Vacuum Filter Replacement DP#55 ($187K) ■ Nuvoda Pre -Design DP#56 ($300K) ■ Joint Sealant DP#57 ($60K) Public Works & Utilities - Facilities the City owns and maintains o Boys & Girls Club o Cemetery Building o City Hall o Fishing Pier o Frances Anderson Center o Fire Station 16 o Fire Station 17 o Fire Station 20 o Historic Log Cabin o Historic Museum o Library o Meadowdale Club House o Old Public Works o Parks Maintenance Bldg. o Public Safety o Public Works O&M o Wade James Theater o Yost Pool House CIP/CFP Schedule o July ■ City staff begins development of capital budgets o August/September ■ Submit proposed Capital budget to Finance ■ Prepare draft CFP and CIP o October Edmonds City Council Draft Minutes November 15, 2022 Page 16 Packet Pg. 33 N N w c m E a 8.2.a ■ Planning Board (October 12th) ■ Planning Board Public Hearing (October 26th) ■ City Council Presentation (November 1st) o November ■ City Council Public Hearing (November 15th) ■ Adopt CFP w/ Budget into the Comprehensive Plan (November 22nd) Parks, Recreation & Human Services Director Angie Feser advised Deputy Parks, Recreation & Human Services Director Shannon Burley was also available to answer questions Ms. Feser reviewed: • Parks 2023-2028 CIP/CFP — based on PROS Plan o Project -based versus Fund -based 0 2023 Projects = Decision Packages 0 37 CIP/CFP Projects (9 last year) 0 3 Programs (4 last year) 0 5 Parkland Acquisition o Projects coded ■ A — acquisition ■ P — planning ■ D — development ■ R — renovation 2023-2028 Parks CIP/CFP Project Distribution p •••,,•••••• i � Nan.slu s�atNk Pmktn Nelghh:"— Pa rk3P] a3, P6. �15 N•ighherh•ed Park Sh99 •-•- a4, 11, Ala —Shbwhend Pa rk SF2 "d• Pli P30 CkV Pa.k lmpraamenh SI z F WaPPnding u a13 PI-1-1d UPgr•da Program (1922&1!• 1 P Parks 2023-2028 CIP/ CFP Projects o Johnson Property — R2, P5 (DP#82) ■ Demolition and Securing 1-acre Property - 2023 ■ Master Plan / Public Input Process - 2025 ■ Estimated Cost $282,000 o Meadowdale Playfields — R3 ■ Inclusive Playground ■ Dugout roofs ■ Light Fixtures ■ Estimated Cost TBD o Mathay Ballinger Park — D5, D6, D7 (DP#80) ■ Paved Loop Pathway ■ Shelter with Picnic Tables ■ Permanent Restroom ■ Estimated Cost: $499,300 o Yost Park & Pool — R9, R4, R6, R11 (DP#81) ■ Playground Replacement* — 2023 ■ Trail/Bridge Repair — 2024 Edmonds City Council Draft Minutes November 15, 2022 Page 17 Packet Pg. 34 N N u� w r c m E a 8.2.a ■ Tennis Court resurface — 2025 ■ Pool Upgrades — 2025 ■ Estimated Cost: $985,200 *Part of annual inclusive upgrade program Parks 2024-2027 Capital Projects o Sierra Park — R8 ■ Playground Replacement* — 2024 ■ Estimated Cost: $187,500 *Part of annual inclusive upgrade program o Maplewood Hill Park — R12 ■ Playground Replacement* — 2025 ■ Oldest Playground in Park System, 38 Years ■ Estimated Cost: $144,900 N *Part of annual inclusive upgrade program N o Playground Upgrade Program— R13 N ■ Playground Replacement / Inclusive Upgrades* r ■ Locations to be determined `m ■ Estimated Cost: $608,900 E *part of annual inclusive upgrade program c o Pine Street Park — D10, D11, D12 z ■ Shelter with Picnic Tables — 2024 ■ Paved Pathway — 2024 ■ Canopy Shade Trees — 2024 ■ Estimated Cost: $164,400 o Columbarium Expansion Phase II— R8 ■ Design Complete ■ Fund 130 & 137 (Cemetery Trust Fund) ■ Estimated Cost: $159,000 o Olympic Beach Park — R7 ■ Renovation of existing restroom • Estimated Cost: $53,000 ° o Neighborhood Park SE 1 — P2, D3 c ■ Park Planning — 2024 Q ■ Park Construction — 2025 Q ■ Estimated Cost: $899,100 + Parkland Acquisition (2023) o Neighborhood Park SR 99 — P6, D 15 N ■ Planning — 2025 ■ Construction — 2026 w ■ Estimated Cost: $926,100 + Parkland Acquisition (2024) o Neighborhood Park SE 2— P7, D 18 ■ Planning — 2026 ■ Construction — 2027 ■ Estimated Cost: $953,900 + Parkland Acquisition (2025) Q o Waterfront Walkway Completion — Ebb Tide Section — P3, D 14 ■ Provides Continuous Accessibility ■ Connect Brackett's Landing North to Marina Beach Park ■ Estimated Cost: $819,500 o Marsh Estuary Restoration — A1, P4, D9 & D1 ■ Estimated Cost: $14,642,500 + Restoration + Marina Beach Park Renovation o Elm Street Park — D 16, D 17, R14 ■ Habitat Restoration — 2026 ■ Nature Playground — 2026 Edmonds City Council Draft Minutes November 15, 2022 Page 18 Packet Pg. 35 8.2.a ■ Shelter with Picnic Tables — 2026 ■ Estimated Cost: $225,100 o Park & Facilities Maintenance Building — P1, D2 ■ 40+ Year Old Building ■ Estimated Cost: $5,762,600 ■ Parks & Planning Board recommendation: Begin project sooner than 2026 o Seaview Park Restroom — R16 ■ ADA Improvements ■ Replacement or Renovation of Restroom ■ Estimated Cost: $417,900 o Yost Pool Replacement — RI ■ Pool is 50 Years Old ■ Funding Source TBD ■ Estimated Cost: $23,881,000 0 4th Avenue Cultural Corridor — P8, D 19 ■ No funding identified ■ Parks project? ■ Estimated Cost: $9,206,600 Parks 2023-2028 CIP/CFP Capital Programs o Citywide Park Improvements/Capital Replacement — R17 (DP# 79) ■ Backlog of 50+ Projects ■ Small Capital Projects and Deferred Maintenance ■ Job Order Contracting ■ Estimated Cost: $2,700,000 o Signage & Wayfinding — R10 ■ Trail identification, orientation markers, safety & regulatory messaging, park hours, park rules and etiquette, interpretive information and warning signs. ■ Estimated Cost: $51,500 Parks 2023-2028 CIP/CFP Parkland Acquisition — A2, A3, A4 o Parkland Acquisition — A2, A3, A4 ■ Neighborhood Parks SE I, SR99 & SE 2 ■ Acquisition as Feasible ■ Estimated Cost: $5,230,500 o Interurban Trail Expansion — A5 ■ Acquisition of Lands, Easements and/or Rights -of -Way ■ Estimated Cost: $985,585 • Prioritization of 2023 Projects 1. Civic Park completion (incl. 96th Ave Infiltration) In process 2. Greenhouse completion 3. Mathay Ballinger Park improvements 4. Yost Park Playground 2022 PROS Plan Projects 5. Johnson Property demolition 6. Yost Park/Shell Creek Study* (operating DP) Council President Olson inquired about demolition and replacement of the library drop chute. Ms. Feser answered it is not large enough to be considered a capital project. Public works facilities committed to doing the work sooner than parks would be able to do it. Council President Olson asked public works about the status of the demolition/replacement of the library drop chute. Mr. English answered he will check with the facilities manager and report back. Councilmember Nand asked if the greenhouse was purely for City staff usage or was there any public accessibility for community gardening or for programs. Ms. Feser answered the greenhouse supports the Edmonds City Council Draft Minutes November 15, 2022 Page 19 Packet Pg. 36 N N w c m E a 8.2.a City's flower program and is primarily used by City staff. It is inside the City's maintenance yard and is not accessible to the public for safety and security reasons. Plants for the corner parks and flower baskets are grown in that greenhouse and there are occasional volunteer work parties such as the Floretum Garden Club. Councilmember Teitzel referred to an excerpt from the October 12, 2022 planning board minutes (packet page 701), "He asked about the level of allocation for the Boys & Girls Club since the building is going away. Director Feser replied that they just learned last week that the Boys & Girls Club intends to demolish the existing building and build a new one on that site." Councilmember Teitzel asked if that had been confirmed and whether there was any sense of the timing. Ms. Feser said the Boys & Girls Club have communicated that to staff and there have been discussions about the 12,000 square feet dedicated to their facility, but it is not in writing and the lease agreement with the Boys & Girls Club has not been completed. The Boys & Girls Club have stated they would like to demolish the building and start construction next year; she would be surprised if it happened that soon. Councilmember Teitzel referred to CIP/CFP project PWF-01, maintenance of the Boys & Girls Club building, which includes $300,000 for improvements to that building through 2028. He asked if that project would be modified depending on what the Boys & Girls Club does with their building. Mr. English said depending on the schedule, those funds potentially would be removed. That was the planning board's second recommendation, to remove that funding if the schedule for the Boys & Girls Club building is expedited. Councilmember Teitzel said he was excited about the improvements planned for Mathay Ballinger Park. He asked about the plans to install an infiltration facility in that park and the impact it could have on the park improvements. Ms. Feser answered she met with public works staff last week to discuss their project and the park improvements. She looks forward to moving forward with the parks improvements next year, but did not think the timing of the public works project will align with the parks project to do them at the same time. The park improvement designs will be shared with public works to ensure they do not prevent their project. Mr. De Lilla explained the design for a regional facility is being reassessed because soil conditions were not conducive to handling the area originally planned. Public works will coordinate with parks to ensure the impacts are as minimal as possible and to ensure things do not have to be reworked. Councilmember Chen referred to $1.5M allocated in 2023 for land acquisition, and asked how far along Q the City was in terms of identifying land or was there a possibility that would be pushed back to a future year. Ms. Feser answered the City is always looking for land, especially around Highway 99 and in N southeast Edmonds. Until a purchase and sale agreement comes forward, those conversations are kept confidential. Some potential properties have been identified and there have been discussions with w property owners. Councilmember Chen summarized there is no purchase and sale agreement yet. Ms. c Feser answered nothing that she could share at this time. E Councilmember Chen explained Councilmember Tibbott and he prepared a decision package that would reallocate $200,000 out of that funding so he wanted to know how firm that commitment was. Ms. Feser Q answered $900,000 has been accumulated for land acquisition with a $200,000 allocation each year, plus there is money in the tree fund that is eligible for land acquisition for the preservation of trees. She summarized money earmarked for land acquisition tends to be retained for that purpose. Councilmember Chen observed if the City did not find land to purchase, those funds would be carried forward to future years. Ms. Feser answered yes. Councilmember Paine expressed her appreciation for the work staff has done. She expressed interest in seeing details regarding overlay projects and pedestrian infrastructure projects. She was interested in Edmonds City Council Draft Minutes November 15, 2022 Page 20 Packet Pg. 37 8.2.a pedestrian pathways in areas of City that do not have sidewalks like the Lake Ballinger area. She was glad to see funds had been set aside for the transportation plan update. Council President Olson commenting she has been listening to podcasts and reading news reports about the terrible water quality in Jackson, Mississippi, due to not maintaining their infrastructure. People often dwell on things there is not enough progress on or wish for more sidewalks, but she wanted to give a shout out to former administrations and former councils that are responsible for the fact that the City's water mains have been maintained and replaced. The clean water that comes out of residents' faucet is a result of that and she was personally very grateful and was sure she was speaking on behalf of a lot of people in the community. Mayor Nelson reminded this is a hearing on the 2023-2028 CIP/CFP and council commentary should reflect that. Mayor Nelson opened the public hearing. N N O Joe Scordino, Edmonds, commended Mr. English and Mr. De Lilla for the well laid out CIP/CFP and N good justifications. He would like to see the consequences of not doing a project added to help identify T which things are essential and which are nice to do. He could not say the same for the parks CIP/CFP, it `m only justified things based on objectives "that came out of the blue." He recommending the council delete E the following projects: page 18 Waterfront Walkway Completion — Ebb Tide Section), page 20 (Marsh c Estuary Restoration — Willow Creek Daylighting, and page 28 (Yost Pool Replacement). With regard to Z the Marsh Estuary Restoration, it is premature and technically flawed. Looking at Google Earth, Google m Maps and the City's own GIS map, Willow Creek is already daylighted next to the hatchery. Before spending $5 million on a restoration plan, he recommended developing a good, integrated restoration plan. He has been working with NOAA scientists to develop that for the City. With regard to the Ebb a Tide Walkway completion, many people wonder what that is, where it will be and whether it will violate the Shoreline Management Act or other laws. He suggested deleting that project until it is defined and all Edmonds citizens support it. With regard to Yost Pool replacement, the materials do not document why it L is necessary to spend $25 million on a pool that everyone already enjoys. The CIP/CFP is an annual plan, not a 6-year plan; it looks out 6 years, but it is revised annually. Q: Jim Ogonowski, Edmonds, said there is only one identified sidewalk project through 2026 and that is in ° the bowl area. Twice that amount is allocated to bicycle lanes in the same time period. He recommended c rethinking green streets and redirecting that initiative along Highway 99. Highway 99 is the worst a polluting highway in the City; work is being done in the median and he suggested working with the state Q to do green streets there, using state money instead of the city's money, and then expand it to other areas if it is as good as it is claimed to be. He suggested consideration be given to the useful life of City N buildings versus further expenditures on those buildings such as Frances Anderson Center. He suggested assessing what is necessary to complete the current wastewater treatment plant project before allocating w additional funds and to get a holistic view of the plant, particularly in light of new state mandates and r capacity issues. With regard to the waterfront walkway, he said those costs continue to increase and he questioned $1.3 million for 100 feet of walkway. He preferred to use those funds differently and better, particularly with the inflationary pressures the City will be under for all projects in the next few years. a Amy June Grumble, Edmonds, a homeowner and parent on 236t' Street SW, requested the CIP address existing traffic safety issues in and around the intersection of 236' Street SW & 84t1i Avenue West where a large development is proposed. Although the CIP has great improvements already underway for the Highway 99 corridor, traffic issues off Highway 99 need to be addressed. The intersection of 236t' Street SW & 84' Avenue West is a 2-way stop with no crosswalks despite being adjacent to at least two elementary school bus stops and two Community Transit bus stops. Both streets have peaks of heavy traffic as 236' Street SW is an access street for Madrona Elementary to the west and the Safeway loading dock to the east and both streets are feeders to Highway 99. Both street also experience heavy foot traffic from students, transit commuters and elderly or disabled shoppers, yet neither have sidewalks or paved Edmonds City Council Draft Minutes November 15, 2022 Page 21 Packet Pg. 38 8.2.a shoulders, forcing pedestrians to wade through mud or walk directly in the street, problems that disproportionate impact residents who cannot drive. Twice a day she walks her son 1/4 mile to his school bus stop, dipping in and out of the street right past where this development is proposed; her son often tells her they are not supposed to walk in the street. Now even more families will be required to walk in those streets. She is glad to see construction projects improving Highway 99, but that isn't fixing her street. The improvements are needed now, not after more building are constructed. She is proud Edmonds is a forward -thinking community and wants to use this opportunity to develop wisely and mindfully, to build projects that fit and blend into the community rather than towering over them, and for the CIP to improve the surrounding area with safe walking paths, crosswalks and green space rather than putting huge buildings with hundreds of new residents into an intersection that is already unsafe and walking away. She urged the council to help make safety in this neighborhood a priority within the current 6-year planning period. With no further public testimony, Mayor Nelson closed the public hearing. He declared a brief recess. 3. PUBLIC HEARING ON THE 2023 PROPOSED BUDGET Mayor Nelson opened the public hearing. Joe Scordino, Edmonds, referred to decision packages #16 and #21 and urged the council not to accept verbatim what is in the decision package but include policy direction in the budget. He made the following recommendations: • DP#21, the council should be directly involved in the approval of the scope of work as well as the consultant selection as it is a huge process that affects a lot of people and there needs to be some policy oversight. • Delete DP#23 as the City does not need more consultant reports to tell us what we already know. There are problems in Yost Park that need to be fixed, the City already has a report from another contractor that did a bridge assessment. Use that instead of doing another study. • Delete DP#24, the Salmon Safe report was inadequate and there is no reason to do anything suggested in that report. • Increase funding for DP#25 to fund more seasonal park staff. 16 • DP#27, council should include its priorities for bench placement; for example, there are not c enough benches on Sunset Avenue. a • Delete DP#32, citizens do not need more utility increases and the City needs to do a better job a with the money it has. N • Retain DP#45, this is something the City needs and was what Salmon Safe was supposed to do. • Increase funding in DP#75 to buy more white paint for crosswalks • Delete DP#81, we know what the erosion problems are, projects are needed to fix them w • DP#79, move forward with fixing erosion problems in Yost Park E Jim Ogonowski, Edmonds, expressed concern with the strategic forecast in the budget that shows fund balances will be spent down from over $9 million in 2021 to near zero in 2026. He was interest in Q understanding the assumptions that went into the forecast and how the decisions the council is about to make in the 2023 budget will affect the forecast. This is an unsustainable path that leads to future layoffs or property tax increases. This year's budget is extremely important with regard to reoccurring and non - reoccurring expenses. He expressed concern that ARPA funds are proposed to fund reoccurring projects and/or staffing. Using one-time revenues for reoccurring expenses is a dangerous path and he suspected the forecast in out years is the result of that type of spending. He was unclear on the process for the budget consideration, he proposed first balancing the budget within the expected revenues and then determine how much of the fund balance needs to be spent to cover expenses above revenues. Instead he sees a bottom up process where the council spends up to an unknown amount. Edmonds City Council Draft Minutes November 15, 2022 Page 22 Packet Pg. 39 8.2.a With no further public testimony, Mayor Nelson closed the public hearing. 10. COUNCIL BUSINESS 1. 2023 ARPA ALLOCATIONS Community Services/Economic Development Director Todd Tatum explained his presentation will highlight proposed changes in ARPA allocations including decision packages for the 2023 budget, proposed changes to account allocations and out year funding. He recognized it is complicated to put this together with the budget and to make those simultaneously. He originally thought the council could discuss and vote on proposed changes tonight, but realized that may not be possible. Instead, he will present this tonight so the council can understand how the changes affect the ARPA ordinance and bring the language back as the council votes on amendments and adapt them as the budget process proceeds and have the final language adopted with the adoption of budget. He was also open to other options. He reviewed: Review: Subdivision of Funds by Ordinance 4259 o City Expenditure Reimbursements: $750,000 E o Edmonds Rescue Plan Household Support: $4,150,000 ■ Household Support Z ■ Utility Bill Support ■ Housing Repair o Edmonds Rescue Plan Business Support: $1,125,000 c •General Business Support a ■ Tourism Support ■ Small Business Support o Edmonds Rescue Plan Nonprofit Support: $500,000 L o Edmonds Rescue Plan Job Retraining Program: $600,000 o City Green Infrastructure: $4,768,099 a m ■ Edmonds Marsh ■ Lower Perrinville Creek Realignment G ■ Green Streets and Rain Gardens > ■ 96th right-of-way a Use of Funds o Recipients may use SLFRF funds to: Q ■ Replace lost public sector revenue, using this funding to provide government services up N to the amount of revenue lost due to the pandemic. Standard allowance of $1 Om. ■ Respond to the far-reaching public health and negative economic impacts of the w pandemic, by supporting the health of communities, and helping households, small r businesses, impacted industries, nonprofits, and the public sector recover from economic impacts. ■ Provide premium pay for essential workers, offering additional support to those who have and will bear the greatest health risks because of their service in critical sectors. Q ■ Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, to support vital wastewater and stormwater infrastructure, and to expand affordable access to broadband internet Ten decision packages associated with this year's ARPA budget: o DP 9: Continue ARPA Grant Manager Consultant o DP 13: Expansion of PD Criminal Investigations Division o DP 14: Police Department — Patrol Support o DP 15: Police Dept — Nine New Patrol Cars o DP 22: Fagade Improvement Program Edmonds City Council Draft Minutes November 15, 2022 Page 23 Packet Pg. 40 8.2.a o DP 23: Yost Park/Shell Creek Study o DP 24: Salmon Safe Certification Program o DP 26: New Park Maintenance Services (Hwy 99 and Civic) o DP 39: Lower Perrinville Creek Restoration Project o DP72: Green Streets • Changes to allocations by account: Thru 2021 1011612022 2022 2023 2024-2C inance Proposed Spent Spent Allocated Proposed Future Amount Amount Budget Phases Account A - Reimbursement 750,000 906,131 79,985 349,492 41,966 174,322 302,913 Account B - Household Support 4,150,000 2,255,443 274,205 689,835 1,000,000 600,000 481,23 Account C - Business Support 1,125,000 1,045,500 244,369 36,423 125,000 355,000 320,000 Account D - Nonprofit Support 500,000 500,000 420.500 - - 79,500 - Account E - Job Retraining 600,000 600,000 199,999 - 400,001 - - Account F - Green Infrastructure 4,768,099 4,245,000 - 15,361 503,700 1,723,860 2,002,079 Account G - Police Support 0 1,350,000 0 0 0 1,350,000 0 Account H - Parks Support 0 986,025 0 0 0 986,025 0 Total Funds 11,893,09911,888,099111,219,0581,091,111 2,070,667 2.832,682 3,106,230 ' $3,000 under budget accounts for rounding in the draft ordinancl o Account A: Changes to allocation Thru 2021 10118/2022 2022 2023 2024-202 Ordinance Proposed Proposed Future Account A Amount Amount Spent Spent Allocated Budget Phases Account A- City p Reimbursement 750,000 906,131 79,985 349,492 41,966 174,322 302,912 Q � Q ■ Increase due to ongoing funding of ARPA consultant and ongoing cost for OpenGov Q software N o Account A: Proposed language � Account "A" shall be the "City Expenditure Reimbursement" account into which $750,000 $906,000 of the ARPA funds shall be allocated to rei'mh,,r;e * w r any rcsurnSenc �n the future, including staffing, equipment and suppliesr) relate� roliptai;` ii:ig a safeweri�plaEefor epees and the visiting peas w@11 8s E necessary capital investments, ,rah a enhanr•e,„ent� to LJfilter upgrades, V ` VAr (� etr- as part of the city's standard allowance for lost public sector revenue under Q the Department of the Treasury's Coronavirus State Et Local Fiscal Recovery Funds Final Rule. o Account B: Changes to allocation Edmonds City Council Draft Minutes November 15, 2022 Page 24 Packet Pg. 41 8.2.a X Ordinance Account B Amount Amount SK Account B - Household Support 4.150,000 2.255.443 27 Thru 2024- 2021 1011812022 2022 2023 2026 Proposed Future Household Grants 3,000,000 2,250,000 268,762 689,835 1,000,000 500,000 481,238 Utility Support 160,000 5,443 5443 - Housing Repair 1,000,000 Total Funds A 4,150,000 2,255,443 274,205 689,835 M 1,000,000 500,000 481,238 ■ Reduction in total allocation from funds not spent in 2021 ■ Shift in spending for inactive accounts, utility support and housing repair. Snohomish County has a similar program Account B: Proposed language: Account "B" shall be the "Edmonds Rescue Plan Household Support" account into which $4,'r-150,000 $2,255,000 from the ARPA funds shall be allocated to reimburse those City expenditures incurred through administration of the following programs, in compliance with the ARPA eligibility criteria: 1, Household Support. Up to $3,000,000 fn Grants to households for housing expenses, food, medical bills, childcare, internet access, and other household expenses. Households may receive grants of up to $2,500 in 2021 and 2022 amounting to a total Household Support expenditure of $1,000,000 in each of 2021 and 2022. Households may receive grants of up to $2,500 in 2023 and 2024 amounting to a total Household Support expenditure of $500,000 and 481 000 in each of 2023 and 2024 respectively. The authority to spend Household Support funds in a given year, as set forth in this subsection B.1, is hereby extended from 2023 to 2024 into the f.,ll.,,..iRg yea in the event that the City was/is not able to disburse the entirety of those Household Support funds during tli FY 2023 year for which they wer initially of lecate.l 2. Utility 1341 S uppert Up to $1 rn ,nnn for- one time grants to hQuirohol-cls ; amounts p to $1, il nnn to help defray a derived frn „re+.anding City of u WmAndq hiller 3. HOUSiRg--R Up to $l o nnn fnnn for one tiFse g ants +e he„rehnidl ; r measures such as not repair, window repLacernen+ HVAC repair/ replacemen+ eta, Account C: Changes to allocations Thru 2024- 2021 1Oil 812022 2022 2023 2026 N N u7 Ordinance Proposed Proposed Future Account C Amount Amount Spent Spent Allocated Budget Phases Account C - W Business Support 1,125,000 1,045,500 244,369 36,423 d General Business 200,000.00 161.000.00 11,111 17,846 50,000.0050,000.00 50,000 t v Tourism Support 300,000.00 235,000.00 49,096 18,577 75,000.0055,000.00 55,000 a Business Grants 625,000.00 184,500.00 184,160 - Business Beautification - 465,000.00 - 250,000.00215,000 Total Funds 1,125,000 1,045,500 244,369 36,423 125,000 355,000 320,000 ■ Transfer money not spent for Tourism and General Business Support to other programs ■ Lowers the Tourism Support funds in 2023 and 2024 ■ Changes the focus of Business Grants subaccount to focus on fagade improvements as outlined in DP#22 and carries those forward to 2024 Edmonds City Council Draft Minutes November 15, 2022 Page 25 Packet Pg. 42 8.2.a o Account C: Proposed language: Account "C" shall be the "Edmonds Rescue Plan Business Support" account into which $1,1� - 25,00,000 1,050,000 from the ARPA funds shall be allocated to reimburse those City expenditures incurred through administration of the following programs, in compliance with the ARPA eligibility criteria: 1. General Business Support. Up to $200,000 161,000, including up to $50,000 in 2023, and 2024 in nstanr errs, of tan nnn per year in 2021 2022, 2023, and 2024 for general support of Edmonds small businesses, business districts and the overall business community. This includes such programs as the Edmonds Business Booster website and its programs and promotion; promotion of business districts outside Downtown through advertising, wayfinding, signage; business -support or promotional events, etc. 2. Tourism Support. Up to $390,099 235,000 including up to 55,000 in �r�iih,enr� of $75 nnn nyear n 2921 2922 2023, and 2024 for support of tourism promotion. This includes enhanced local and regional advertising, support of events and special promotions, investment in facilities and/or equipment, etc. 3. Small Business Support. Up to $625,GGO $650,000 including up to $250,000 in 2023 and $215,000 in 2024 for direct grants to small businesses most affected by the COVID-19-related economic recession. Grants will take the form of individual financial support grants (in the form of loans that are forgivable after four months of performance);. Maximum individual grant amounts will be $25,000 in each year. *-,*aline in in an at tin nnn enrh ip 2021 .with up to 25 grants of , n tG $5 nnn verb a e;lnhle ;n Eligibility criteria for these grants will include: a. Small businesses in Edmonds with zero to 30 employees. b. -Rusinesses Must id-e+xAeRstrate at least 8 50% less iR FeVeRHey-thER epId- 6 R',o; r..,5o.,o .,, ,5+ .,.,+ ham,.., reepivead FR a that. $10nnn 9theF g .,ram ramx rre.ditq Qr Qther f;r;IhC;; irrar(;e d. Particular consideration will be given to businesses owned by people of color, women, veterans, and other minorities o Account D: Changes to allocations: Thru 2024- 2021 1011812022 2022 2023 2026 Ordinance Proposed Proposed Future Account D Amount Amount Spent Spent Allocated Budget Phases Account D - Nonprofit Support 500,000 500,000 420,600 - 79,500 Total Funds 500.000 420.500 - - 79.500 ■ No change to amount, final $79,500 in grants will be awarded in 2023 o Account D: Proposed language: Account "D" shall be the "Edmonds Rescue Plan Nonprofit Organization Support" account into which $500,000 from the ARPA funds shall be allocated to assist Edmonds nonprofit organizations that have suffered substantial financial losses due to prolonged closures, cut -backs, loss of business, etc the final $79,500 of which shall be available in 2023. A general call for requests will be issued, with requests reviewed competitively and awards based on relative need, likelihood to help an organization survive, and other sources of funds available. Small grants of up to $20,000 and totaling no more than $100,000 $79,500 shall be approvable by the Mayor Large grants Gf a arneunt ever $20 ,nnn fe-F -a tat -al of Lip to o Account E: Changes to allocations Edmonds City Council Draft Minutes November 15, 2022 Page 26 Packet Pg. 43 N N w r c m E t a 8.2.a Thru 2024- 2021 10118/2022 2022 2023 2026 Ordinance Proposed Proposed Future Account E Amount Amount Spent Spent Allocated Budget Phases Account E - Job Retraining 600,000 600,000 199,999 - 400,001 Total Funds a 600,000 - 400,001 - * - ■ No change proposed to amount ■ Once opportunities to use funds more effectively are identified, staff will present to council for changes within existing allocation o Account E: No change to language Account "E" shall be the "Edmonds Rescue Plan Job Retraining Support" account into which $600,000 shall be allocated to provide financial aid to working adults who seek skills training, certifications, completion of degrees or other skills enhancement at local community colleges serving Edmonds residents in the form of grants of up to $5000 per year per student to cover tuition, fees, supplies and life expenses during the period of study. Administration of this program will be conducted by the college or colleges selected under the contractual oversight of the City. The Mayor shall be authorized to enter into the corresponding contracts) with participating colleges serving Edmonds residents. o Account F: Changes to allocations I Thru 2024- 2021 10/18/2022 2022 2023 2026 Ordinance Proposed Proposed Future Account F Amount Amount Spent Spent Allocated Budget Phases Account F - Green Infrastructure 4,768,099 4,245,000 Edmonds Marsh 681,157 - - - - Perrinville Creek 3,178,733 1500,000 15,361 414,450 681,116 389.073 Green Streets 908,209 2,000,000 89,260.00 297,744 1,613,006 96th RoW 450,000 450,000 Yost/Shell Creek 220,000 220,000 Salmon Safe 75.000 75.000 Total Funds 4,768,099 4,245,000 15,361 503,700 1,723,860 2,002,079 "Note: Account F in Ordinance 4259 is a repeat of Account A, and Account G is 04 titled "City Green Infrastructure." ■ Removes Edmonds Marsh project from list (other funding options available) w ■ Lowers total expected amount for Perrinville Creek r ■ Provides additional funds for Green Streets ■ Adds the 96'right-of-way project � ■ Adds Yost/Shell Creek and Salmon Safe Program implementation o Account F: Proposed language: Q Edmonds City Council Draft Minutes November 15, 2022 Page 27 Packet Pg. 44 8.2.a Account "U" shall be the "Edmonds Rescue Plan City Green Infrastructure" account in which up to $4,7�0 $4,245,000 from the ARPA funds shall be allocated to reimburse City capital expenditures through 2026 associated with green infrastructure projects, meeting ARPA guidelines, such as: st > at ly $750 nnn 2. Lower Perrinville Creek Realignment. Retention and treatment of surface storm water runoff in the Perrinville Creek drainage basin, intended to reduce stormwater surge flows and enhance the quality of stormwater reaching Puget Sound. Not to exceed $1,500,000. cest 3. Green Streets and Rain Gardens. Enhance existing streets throughout Edmonds by adding features that retain and/or treat stormwater runoff to reduce stormwater surges and contaminants that reach Puget Sound. Similarly, rain gardens in association with streets, parks and other public facilities may be established for these same purposes. Not to exceed $2,000,000. �;••; ^'eE+ccv-c^v5i c, nnn nnn 4. 96th Right of Way Improvements. This project is required as mitigation for the Civic Park project to treat stormwater on another site within the same watershed. Not to exceed $450,000. 5. Yost/Shell Creek. The study is the first phase in addressing the pedestrian system, Shell Creek water quality and health, and provides required permitting for bridge repairs and improvements. Not to exceed $220,000. 6. Salmon Safe Program Implementation. Two conditions of certification impact Parks Maintenance operations and require consultant services. These include developing a water conservation plan and track irrigation water usage and creating an IPM (Integrated Pest Management), Nutrient, and Chemical Management Plan. The development of both initial Plans is beyond the scope of staff resources, requiring consultant services to complete. Not to exceed $75,000 o Account G: Addition to allocations Thru Q 2021 10/18/2022 2022 2023 2024.2026 Q Ordinance Proposed Proposed Future N Account G Amount Amount Spent Spent Allocated Budget Phases N LO Account G - Police Support 1,350,000 1,350,000 W Total Funds 600,000 - - 1,350,000 - AW c ■ Costs associated with DP#13, 14 and 15 E o Account G: Proposed new language: Account "G" shall be the "Edmonds Rescue Plan Police Support" account into which M $1,350,000 shall be allocated to reimburse City expenditures associated with public safety Q and police support for calendar year 2023, such as: 1. Expansion of the Criminal Investigations Division. Not to exceed $293,850 2. Patrol Support. Not to exceed $420,000 3. Purchase of new patrol cars. Not to exceed $630,000. o Account H: Changes to allocations Edmonds City Council Draft Minutes November 15, 2022 Page 28 Packet Pg. 45 8.2.a Thru 2024- 2021 10/1812022 2022 2023 2026 Ordinance Proposed V Proposed Future Account H Amount Amount Spent Spent Allocated Budget Phases Account H - Parks Support 986,025 986 D25 Total Funds 986,025 - - 986,025 - ■ Costs associated with DP#26 o Account H: Proposed new language: Account "H" shall be the "Edmonds Rescue Plan Parks Support" account into which $986,025 shaft be allocated to reimburse City expenditures necessary to support and maintain two significant new projects stated for completion in early 2023: Civic Park and Highway 99 roadway improvements. Funds will be available for items, including, but not limited to: supporting personnel, equipment, vehicles, trailers, supplies, training, uniforms, and traffic control plans. Mr. Tatum explained staff proposes to include this language or language amended through the budget process into the budget ordinance as an attachment in order to keep the overall budget and ARPA budget tied together more cleanly. He anticipated there will be changes during the budget cycle and staff will keep the language updated to reflect those changes so the council has a clear idea of how ARPA and the budget impact each other. Councilmember Paine commended Mr. Tatum on the format of the presentation. With regard to Account B, Household Support, she recalled Mr. Tatum stated there had not been much use of the housing repair subaccount and that Snohomish County has funds for that. Mr. Tatum explained Snohomish County has a program that does some house repair such as weatherization. When this program was original considered, the intent was to contract with Snohomish County, adding this pool of funds to theirs and have them administer that program, but that was never done. Councilmember Paine suggested the City consider allocating funds for housing repair. The City did not do a lot of advertising regarding the availability of household support and there may have been more interest if people knew the funds were available. She was unsure if housing repair would include tree mitigation, but has heard that is a need as well as repairs for low income homeowners. She expressed interest in reconsidering that funding or finding good viable options. She asked staff to email her a response whether removal of a hazardous tree on someone's property would be considered housing support. Mr. Tatum was unsure how removal of a hazardous trees would be addressed, particularly since the City does not have a housing repair program. He offered to email her about the availability of other programs. Councilmember Tibbott concurred with Councilmember Paine's comments, noting some of the programs funded by ARPA have not been well advertised and there may be people who could benefit by access to those funds, including increasing what is available for nonprofits. It was his understanding the $10 million had been moved into the General Fund. Mr. Tatum responded the $10 million is accounted for in the accounts set forth in the ordinance. Cities can elect to take the standard allowance which is different than putting the money into general accounts. Councilmember Tibbott observed there is no accounting for the ARPA in the revenue structure and asked where the ARPA funds reside in the budget. Mr. Tatum answered they are in the Coronavirus Relief Fund. Councilmember Tibbott asked why an ARPA consultant was needed if decision packages are used to access that fund. Mr. Tatum answered the ARPA consultant is incredibly important and is involved in audit programs. When grant programs are funded, she is there on front end to say how programs should be structured to ensure they are in line with the rules in the Final Rule, and to right proof documentation Edmonds City Council Draft Minutes November 15, 2022 Page 29 Packet Pg. 46 N N w r c m E a 8.2.a so they can be audited; on the backside, she audits a portion of the awardees to ensure they are operating in line with the City's guidance. He summarized it was super critical to maintain that position. Councilmember Tibbott questioned the need when decision packages are presented in regular budget requests. Mr. Tatum responded for example, if the City continued doing nonprofit grants, she would audit the programs and grantees to ensure they are in line with guidance and law. With the household support grants, she audits the grantee's awards with regard to the grantee's execution of the program and it provides a tool/help for the grantee if someone is validating their processes and procedures. Councilmember Tibbott said he may follow up with an email regarding this question. Councilmember Tibbott referred to the use of ARPA funds for law enforcement decision packages. He understood using ARPA funds for purchasing vehicle, one time funds for resources that can be used for many years. Funding officers with ARPA funds seems unwise, because once those funds are spent, City revenues will need to be identified to cover those costs in the outlying years. He asked Mr. Tatum's opinion on the use of ARPA funds for ongoing expenses. Mayor Nelson clarified no police officers are funded with ARPA funds in any decision package that he is aware of. Mr. Tatum said he would need to consult the decision packages. Mayor Nelson said only police equipment and police cars are funded with ARPA funds. Councilmember Tibbott referred to DP#13 and 14. Mayor Nelson asked Mr. Tatum to display the decision package related to police support. Mr. Tatum displayed DP#13, 14 and 15. Councilmember Tibbott asked about the funding mechanism for those decision packages. Mayor Nelson said this question this is beyond the Mr. Tatum's presentation and would be an excellent question for Administrative Services Director Dave Turley. The intent was not to get into specific decision packages. Councilmember Nand said the presentation answered some of her questions about allocation of ARPA funds but she has general questions about government transparency and accountability for taxpayers and L constituents. Looking at the proposed budget, the Treasury's Final Rule states cities are allowed to use up to $10 million as "free money' for lost revenue. However, instead of losing revenue from 2020 to 2021, the City increased revenue by $13 million and experienced a decrease from 2021 to 2022, but the City was already receiving Coronavirus funds from the CARES Act and ARPA to bolster revenues. She asked ° if there was a way to demonstrate lost revenues as it seems like the City did quite well during the c pandemic. Mr. Tatum said he did not think that was the intent of the Final Rule; the Final Rule gives a a presumption of lost revenues and allows cities of a certain size to take a standard allowance in presumed Q impact. He was unable to speak to how the federal government determined that was an appropriate thing to do. N Councilmember Nand said her understanding from reading the Final Rule was if a city had to decrease its w operational budget for any reason such as lost sales tax, they could add those funds back and spend the c money to stimulate the local economy. She asked if he would regard that as a correct use of the free $10 m million. Mr. Tatum answered no, the standard allowance allows a presumed impact and allows cities to take a $10 million allowance for presumed impacts to their revenues. a Councilmember Nand referred to the Account B proposed changes, the amount stated in the ordinance is $3 million and that is proposed to be reduced to $2.25 million. As only about 1/10t1i was spent, she asked if that was the reason for the proposal to reduce it to $500,000 in the 2023 budget. Mr. Tatum said the ordinance amount for Account B was $4.15 million, a portion of the funds allocated in 2021 were not spent because the programs did not get up and running as quickly as anticipated and it was later in the year. COUNCILMEMBER NAND MOVED, SECONDED BY CHEN TO EXTEND TO 10:30. Edmonds City Council Draft Minutes November 15, 2022 Page 30 Packet Pg. 47 8.2.a Council President Olson asked if it was legally acceptable to extend the meeting at 10:01 p.m. City Attorney Jeff Taraday answered it is not an ideal practice, but he did not think anyone would sue the City over it or determine the deliberations after 10 p.m. were illegal. Council President Olson said she thought the council should do things by the correct method and not extend. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS TEITZEL, CHEN, BUCKSHNIS, PAINE AND NAND VOTING YES; COUNCILMEMBER TIBBOTT AND COUNCIL PRESIDENT OLSON VOTING NO. Councilmember Nand referred to the underutilization of the household grants and utility support, and relayed that her independent research discovered some cities chose to direct block grants to distressed members of the community who were negatively affected by the pandemic, not require them to go out of their way to find programs to accrue benefits from the funds congress set aside to mitigate the effects of the pandemic, but affirmatively find distressed people and give them money, similar to what Wellspring was doing with rental assistance in 2020. For example, if the council wanted to retain the $3 million in household grants and affirmatively offer property tax rebates to distressed homeowners and task the City with finding those individuals rather than tasking those individuals with finding City programs. She asked if that was something the City could do under the ARPA regulations. Mr. Tatum said he would need to consult the Final Rule to determine whether that could be done legally or what the procedure for doing that would be. He acknowledged some programs could be operated differently. Councilmember Nand said she had a corresponding question for utility support, if the council were to task City employees with identifying who was distressed or delinquent in paying utilities to the City and forgive their delinquencies or reimburse their late fees. She asked if that the City could pursue that to more effectively grant funds to distressed individuals in the community rather than placing the onus to seek out City programs on people already experiencing financial and possibly personal distress. Mr. Tatum responded he has not researched the ability to do direct granting; he can do that after the meeting and respond by email. With regard to utilities, in many cases the people who were struggling the most are renting and their utilities are included in their rent and their names are not necessarily associated with the utilities. Councilmember Nand responded, as a public policy issue, she wanted to explore whether the onus for distributing funds to individuals could be on sophisticated members of City staff rather than people experiencing financial distress who may be too stressed out to seek out programs or realize that help is a available. Mr. Tatum agreed the City should be more active and that is part of the plan in 2023. -- Councilmember Nand said she will follow up him via email and looked forward to his suggestions about N In how to more affirmatively push down money from the federal government to distressed members of the community. w r Councilmember Buckshnis commented there are quite a few inaccuracies between what was presented aa) and what is in the budget. For example, DP#13 and 14 related to police services say they are General E Fund operating expenses. Likewise, the funding source for new park maintenance services for Highway cc 99 is General Fund. She agreed with Councilmember Tibbott that ARPA funds should not be utilized for Q ongoing expenses such as police support services. It was her understanding ARPA funds would only be used for police cars. Councilmember Buckshnis referred to Account F, pointing the Edmonds Marsh was initially $750,000 in the ordinance and Green Streets was $1 million, but $400,000 was removed because there was no design standards, definition, etc. for green streets. She wanted to ensure the numbers are accurate because she plans to make amendments. She expressed interest in adding allocation for nonprofits and agreed with Councilmember Nand's suggestion to add money for people in need. She was also interested in funding more training, including English language training. She does not support the Salmon Safe Certification or Edmonds City Council Draft Minutes November 15, 2022 Page 31 Packet Pg. 48 8.2.a funding for Yost Park. She asked how the council should propose changes. Mr. Tatum anticipated the council will be voting on amendments and decision packages which he can track. At end of the process, there will be a relatively thorough accounting of the changes and amendments. Mayor Nelson suggested when councilmembers submit decision packages to Mr. Turley, they can identify if they want all or a portion of it funded with ARPA funds. Councilmember Chen said he and Councilmember Buckshnis are on the finance committee and have discussed ARPA funds many times. With regard to where the ARPA reside in the budget, he referred to page 18 of the budget book, Fund 142. He appreciated Mr. Tatum's efforts to identify the ARPA fund allocations by account which correspond to the ordinance. With regard to the $10 million that according to congress could be used as if it is General Fund even if the City did not suffer revenue loss, the City is allowed to use the $10 million as General Fund money to run the City. The Council can direct how the funds will be spent; in his opinion, the best way to do that is through decision packages. The council has a new template for decision packages with the description, reasoning, and funding source. If a councilmember wants to fund an expense with ARPA funds, that can be identified on the template and provides Mr. Tatum a tracking mechanism to identify expenses funded with ARPA fund. Councilmember Chen referred to DP#13, 14 and 15, those are one-time expenses, not personnel. Since the City is already heading toward using up to $10 million out of $11.893 million as General Fund, he did not see the necessity of spending another $100,000 for an ARPA consultant when Mr. Tatum and Mr. Turley are already overseeing it. Councilmember Teitzel thanked Mr. Tatum for the email exchange they had today regarding his concerns about a drycleaner in Edmonds. He relayed his discussions with a drycleaner in Edmonds who, not surprisingly when COVID hit, his business was reduced in volume by over 50% and that reduction continues because people are not going into the office and his business is hanging by a thread. He is a small business with fewer than five employee and is minority owned so he certainly qualifies under Account C small business support. Councilmember Teitzel continued, English is second language for this business owner and he wondered 4- what outreach had been done to businesses like that to make them aware that ARPA funds are available to ° help them weather the storm. This business has been in Edmonds for 20 years, the owner works six c days/week and does not have time to dig into the requirements to apply for a grant. Mr. Tatum answered a pretty significant outreach was done, in the original grant rounds, multilingual materials were prepared Q and then -Community Services/Economic Development Director Patrick Doherty went door-to-door handing out information. Oftentimes he would leave a business and find the grant application in his email N when he returned. It was also advertised in the newspaper, but ground level outreach was key. w Councilmember Teitzel commented in this case, this person's business is hanging by a thread and is at r imminent risk of going under. He asked how businesses like this would apply for a grant, if they needed to wait for the next round or could apply anytime. Mr. Tatum answered the grants were opened and closed and grantees were selected. Businesses would need to wait until the next open grant round. Based on 2. council decisions in the budget process, he will try to get grant grounds open as soon as possible in 2023. Q Councilmember Teitzel asked if that would be first quarter 2023. Mr. Tatum said that would be his intent. Council President Olson pointed out in the allocations in the mayor's proposed budget, there were numerous and in some cases extraordinary changes to the council created and approved ordinance regarding how ARPA funds would be spent. There was no conversation or ask from the mayor about a different plan or change to the allocation. She was not saying that there was not a better allocation and in the end, the budget process is in council's hands and modifications will be made to the ordinance. She felt the legislative intent was ignored and she found it disrespectful to receive a budget that had the ARPA Edmonds City Council Draft Minutes November 15, 2022 Page 32 Packet Pg. 49 8.2.a funds spent in such a different way than the council's intent that was previously determined via ordinance. 11. MAYOR'S COMMENTS Mayor Nelson thanked the City employees, particularly those hanging holiday lights on trees and fixtures. As it begins to get colder and dark earlier, he urged drivers to please keep an eye out for kids heading home from school. Unfortunately people, particularly kids, like to wear dark clothes which do not mix well with nighttime driving. 12. COUNCIL COMMENTS Councilmember Nand thanked the engaged citizens who reach out to the council every week with comments and suggestions about budget allocations and things that concern them in their neighborhoods such as zoning changes. She also thanked the volunteers working on City boards and commissions to make the process work. The reason Edmonds' government functions so well is due to hardworking City staff as well as the incredible work of the volunteers and engaged citizens. She thanked them for making serving on council a lively and enriching process. Councilmember Tibbott echoed Councilmember Nand's appreciation for citizens' comments about the budget and priorities. He looked forward to a robust discussion on the City's draft vision. The Porchfest roll out was exciting and fun, but also a meaningful time to introduce an important topic. Councilmember Paine thanked staff for the time they have devoted over the last several weeks to collecting and presenting information to council. This is an awesome amount of work and it takes a lot of dedication and time. She also expressed appreciation to community members who provide input during public hearings and during public comments at meetings. Councilmember Paine echoed Mayor Nelson's plea for drivers to exercise extra care and caution, relaying there was an injury accident where someone was crossing Highway 99 in the dark. She has also seen people wearing dark clothing trying to cross Highway 99. She encouraged community members to visit the WeAllBelong.org website and volunteer at the cold weather shelter to ensure unhoused people in the region have a place to go as well as utilize the hygiene center at the old emissions site on 196' Council President Olson reminded of the fun things going on in Edmonds: ArtWalk on Thursday, November 17, 5-8 p.m., the movie "Disclosure" showing for free at the Edmonds Theater on Saturday, N November 19 as part of the diversity commission film series, the Hispanic Heritage Art Exhibition on the second floor of the Waterfront Center through Saturday, November 19, and the Heroes Cafe for veterans w on the last Tuesday of the month at the New Life Church in Lynnwood (6519 188t' Street SW), doors open at 9 a.m. and lunch at 11 a.m. m E Councilmember Buckshnis thanked all the veterans who are currently serving or are serving. She missed the Veterans Day ceremony on November 11 as she was volunteering at the senior center. Q Councilmember Chen added his appreciation to staff, council, mayor and the public for their hard work and dedication on the day-to-day functions and the budget process. He highlighted a newly formed nonprofit, the Chinese Service Center. They just obtained 501(c)3 status and are located in the Northern Seattle Chinese Church on Highway 99 across the street from the 85 Degree Bakery. The aim of this organization is to serve new immigrants, people who come to the United States seeking a better life, many of whom have different needs and like the business owner Councilmember Teitzel mentioned, may have language challenges and do not know about available resources. They are currently offering programs like Edmonds City Council Draft Minutes November 15, 2022 Page 33 Packet Pg. 50 8.2.a citizenship classes, English as a second language, and helping people identify resources. He encouraged the public to apply to be a board member. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND FOR 5 MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember Chen continued, the intent is to serve this pocket of the population that is often hard to reach. Snohomish County Public Health will be giving COVID boosters at the church from 10-12 tomorrow; the public is welcome. Councilmember Teitzel relayed this week the council received an email from a citizen regarding a request to make a commitment not to pass ordinances that are incomplete or are missing exhibits. That is a reasonable request and something this and future councils should commit to. To accomplish that, it needs to be memorialize in the code of conduct or rules of procedures. He committed to drafting language to that effect for council consideration in January. K�.N 11111117\I With no further business, the council meeting was adjourned at 10:31 p.m. Edmonds City Council Draft Minutes November 15, 2022 Page 34 Packet Pg. 51 N N W r C d E t V r� r� a 8.3 City Council Agenda Item Meeting Date: 11/22/2022 Approval of payroll and benefit checks, direct deposit and wire payments. Staff Lead: Dave Turley Department: Administrative Services Preparer: Lori Palmer Background/History Approval of payroll check #65306 dated November 7, 2022 for $167.98, Holiday Buy Back checks #65307 through #65360 dated November 16th 2022 for $161,515.55 and checks #65361 through #65365 dated November 18, 2022 for $6,685.39, payroll direct deposit for $671,402.13, benefit checks #65366 through #65372 and wire payments for $683,464.98 for the pay period of November 1, 2022 to November 15, 2022. Staff Recommendation Approval of payroll and benefit checks, direct deposit and wire payments. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Attachments: 11-01-22 to11-15-22 benefit checks summary report 11-01-22 to 11-15-22 payroll earnings summary report 11-15-22 holiday buy back earnings summary report 11-07-22 Bevington Earnings Summary Report Packet Pg. 52 Benefit Checks Summary Report City of Edmonds Pay Period: 1,059 - 11/01/2022 to 11/15/2022 Bank: usbank - US Bank Check # Date Payee # Name Check Amt 65366 11/18/2022 bpas BPAS 9,070.35 65367 11/18/2022 chap1 CHAPTER 13 TRUSTEE 175.00 65368 11/18/2022 epoa2 EPOA-POLICE 5,719.50 65369 11/18/2022 epoa3 EPOA-POLICE SUPPORT 698.26 65370 11/18/2022 icma MISSIONSQUARE PLAN SERVICES 6,951.48 65371 11/18/2022 flex NAVIA BENEFIT SOLUTIONS 3,475.18 65372 11/18/2022 teams TEAMSTERS LOCAL 763 4,622.50 30,712.27 Bank: wire - US BANK Check # Date Payee # Name Check Amt 3441 11/18/2022 awc AWC 340,089.68 3445 11/18/2022 us US BANK 154,232.22 3447 11/18/2022 mebt WTRISC FBO #N317761 125,056.60 3448 11/18/2022 pb NATIONWIDE RETIREMENT SOLUTION 5,409.79 3449 11/18/2022 wadc WASHINGTON STATE TREASURER 27,659.92 3451 11/18/2022 oe OFFICE OF SUPPORT ENFORCEMENT 304.50 652,752.71 Grand Totals: 683,464.98 8.3.a vi Y V d t v w m Direct Deposit 0.00 0.00 0.00 0 0.00 0.00 f° a 0.00 0 0.00 Fu 0 0.00 a CL Q 0 Direct Deposit Q- m L 0.00 0.00 E E 0.00 E 0.00 N 0.00 Y 0.00 U U 0.00 = am c 0.00 � N N LO r r r O N N T- O 11/16/2022 Packet Pg. 53 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,059 (11/01/2022 to 11/15/2022) Hour Type Hour Class Description Hours Amount 111 ABSENT NO PAY LEAVE 107.50 0.00 113 ABSENT Unpaid ADA hours 40.00 0.00 120 SICK SICK LEAVE - L & 1 27.00 841.40 121 SICK SICK LEAVE 717.55 30,559.32 122 VACATION VACATION 756.45 33,574.24 123 HOLIDAY HOLIDAY HOURS 87.00 3,868.59 124 HOLIDAY FLOATER HOLIDAY 25.00 886.18 125 COMP HOURS COMPENSATORY TIME 103.00 4,933.93 134 MILITARY MILITARY LEAVE -UNPAID 88.00 0.00 150 REGULAR HOURS Kelly Day Used 60.00 2,838.56 155 COMP HOURS COMPTIME AUTO PAY 202.90 11,107.29 160 VACATION MANAGEMENT LEAVE 8.00 446.59 190 REGULAR HOURS REGULAR HOURS 16,994.75 735,950.72 194 SICK Emerqency Sick Leave 62.00 2,150.59 195 REGULAR HOURS ADMINISTRATIVE LEAVE 160.00 11,154.60 210 OVERTIME HOURS OVERTIME -STRAIGHT 171.00 8,402.56 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 2,698.77 216 MISCELLANEOUS STANDBY TREATMENT PLANT 14.00 1,305.35 220 OVERTIME HOURS OVERTIME 1.5 538.75 40,270.13 225 OVERTIME HOURS OVERTIME -DOUBLE 36.50 2,759.81 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 381.05 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 1,134.76 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 6,440.32 602 COMP HOURS ACCRUED COMP 1.0 136.75 0.00 603 COMP HOURS Holiday Comp 1.0 19.00 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 163.25 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 144.03 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 152.28 colre MISCELLANEOUS Collision Reconstruction ist 0.00 93.65 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 187.30 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 431.16 ctr MISCELLANEOUS CTR INCENTIVES PROGRAM 0.00 320.00 deftat MISCELLANEOUS DEFENSE TATICS INSTRUCTOR 0.00 130.40 det4 MISCELLANEOUS Detective 4% 0.00 1,075.04 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 730.42 11/16/2022 Packet Pg. 54 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,059 (11/01/2022 to 11/15/2022) Hour Type Hour Class Description Hours Amount ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 554.18 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 6,166.08 firear MISCELLANEOUS FIREARMS INSTRUCTOR 0.00 413.55 fmla ABSENT FAMILY MEDICAL/NON PAID 80.00 0.00 fmlc COMP HOURS Family Medical Leave -Comp Used 2.75 116.25 fmlh HOLIDAY Family Medical Leave-Hol Comp 8.00 338.18 hol HOLIDAY HOLIDAY 1,317.56 56,675.71 k9 MISCELLANEOUS K-9 PAY 0.00 280.93 less MISCELLANEOUS LESS LETHAL INSTRUCTOR 0.00 89.60 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 1,086.45 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 439.28 Ig12 LONGEVITY Lonqevitv 9% 0.00 3,886.65 Ig13 LONGEVITY Longevity 7% 0.00 598.72 Ig14 LONGEVITY Lonqevitv 5% 0.00 976.97 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 259.00 Iq4 LONGEVITY Longevity 1 % 0.00 285.30 Iq5 LONGEVITY Lonqevitv 3% 0.00 1,338.77 Iq6 LONGEVITY Longevity .5% 0.00 368.90 Iq7 LONGEVITY Lonqevitv 1.5% 0.00 408.05 Iq8 LONGEVITY Longevity 8% 0.00 252.04 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 128.30 pds MISCELLANEOUS Public Disclosure Specialist 0.00 108.88 pfmp ABSENT Paid Family Medical Unpaid/Sup 52.65 0.00 pfms SICK Paid FAMILY MEDICAL/SICK 37.35 1,863.56 phv MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 2,616.22 prof MISCELLANEOUS PROFESSIONAL STANDARDS SER 0.00 203.50 sdp MISCELLANEOUS SPECIAL DUTY PAY 0.00 692.06 sqt MISCELLANEOUS ADMINISTRATIVE SERGEANT 0.00 203.50 st REGULAR HOURS Serqeant Pay 0.00 152.63 traf MISCELLANEOUS TRAFFIC 0.00 361.14 vap VACATION Vacation Premium 18.00 771.08 11/16/2022 Packet Pg. 55 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,059 (11/01/2022 to 11/15/2022) Hour Type Hour Class Description Hours 22, 082.71 Total Net Pay: Amount $986,604.52 $678,087.52 8.3.b 11 / 16/2022 Packet Pg. 56 Hour Type Hour Class 153 HOLIDAY Payroll Earnings Summary Report City of Edmonds Pay Period: 1,118 (11/15/2022 to 11/15/2022) Description HOLIDAY BUY BACK Hours 4,188.00 4,188.00 Total Net Pay: Amount 218, 348.00 $218,348.00 $161, 515.55 8.3.c r a 11/16/2022 Packet Pg. 57 8.3.d Hour Type Hour Class 190 REGULAR HOURS Payroll Earnings Summary Report City of Edmonds Pay Period: 1,117 (11/07/2022 to 11/07/2022) Description REGULAR HOURS Hours 3.50 Amount 183.00 3.50 $183.00 Total Net Pay: $167.98 11 /16/2022 Packet Pg. 58 8.4 City Council Agenda Item Meeting Date: 11/22/2022 Approval of claim checks. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #255009 through #255098 dated November 17, 2022 for $1,762,868.36 (re- issued check #255054 $754.62). Staff Recommendation Approval of claim checks. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Attachments: claims 11-17-22 FrequentlyUsedProjNumbers 11-17-22 Packet Pg. 59 8.4.a vchlist 11 /17/2022 11:16:44AM Bank code : usbank Voucher Date Vendor 255009 11/17/2022 076040 911 SUPPLY INC Voucher List City of Edmonds Page Invoice PO # Description/Account Amoun INV-2-19069 EDMONDS PD - DAWKINS BLAUER PANTS 001.000.41.521.10.24.00 114.9� CLIP ON TIE 001.000.41.521.10.24.00 6.9, 0 BLAUER L/S WHITE SHIRT U 001.000.41.521.10.24.00 54.9� E BLAUER S/S WHITE R 001.000.41.521.10.24.00 44.9� 10.1 % Sales Tax 001.000.41.521.10.24.00 22.4( > INV-2-19070 EDMONDS PD - GILGINAS o L 5 KNIT CAPS - A/C Q' a 001.000.41.521.70.24.00 34.9,1 Q 5 VELCRO CAPS ci 001.000.41.521.70.24.00 87.5( CUSTOM EMBROIDERY r 001.000.41.521.70.24.00 80.0( 10.1 % Sales Tax N 001.000.41.521.70.24.00 20.4z INV-2-19262 EDMONDS PD - DAWKINS SINGLE BREAST COAT c 001.000.41.521.10.24.00 335.9( 8 BULLION STARS t 001.000.41.521.10.24.00 52.0( @ DCS STRIPING Q 001.000.41.521.10.24.00 31.0( ALTERATIONS 001.000.41.521.10.24.00 12.0( 10.1 % Sales Tax 001.000.41.521.10.24.00 43.5, INV-2-19263 EDMONDS PD - CLARK V2 TACTICAL PANTS 001.000.41.521.21.24.00 64.9� Page: 1 Packet Pg. 60 vchlist 11 /17/2022 11:16:44AM Bank code : usbank Voucher Date Vendor 255009 11/17/2022 076040 911 SUPPLY INC Voucher List City of Edmonds 8.4.a Page: 2 Invoice PO # Description/Account Amoun (Continued) 10.1 % Sales Tax 001.000.41.521.21.24.00 6.5E INV-2-19264 EDMONDS PD - NGUYEN TURTLE NECK 001.000.41.521.22.24.00 34.9� 10.1 % Sales Tax U 001.000.41.521.22.24.00 3.5< E INV-2-19291 EDMONDS PD - DAWKINS 2 CLIP ON TIES 001.000.41.521.10.24.00 17.0( o INNER BELT 001.000.41.521.10.24.00 27.5( o 10.1 % Sales Tax a 001.000.41.521.10.24.00 4.5( Q INV-2-19381 EDMONDS PD - CLARK N 5.11 STRYKE PANTS N 001.000.41.521.21.24.00 85.0( r PATCH INSTALL 001.000.41.521.21.24.00 8.0( NAME TAPE E 001.000.41.521.21.24.00 9.0( T HEAT PRESS POLICE 001.000.41.521.21.24.00 17.0( 10.1 % Sales Tax E t 001.000.41.521.21.24.00 12.0< @ INV-2-19488 EDMONDS PD - SCINKOVEC r OC SPRAY MOLLE Q 001.000.41.521.70.24.00 27.7E ASP FRICTION BATON 001.000.41.521.70.24.00 116.4E ASP TALON INFINITY BATON 001.000.41.521.70.24.00 180.8( 10.1 % Sales Tax 001.000.41.521.70.24.00 32.8, Page: 2 Packet Pg. 61 vchlist 11 /17/2022 11:16:44AM Bank code : usbank Voucher Date Vendor 255009 11/17/2022 076040 911 SUPPLY INC Voucher List City of Edmonds 8.4.a Page: 3 Invoice PO # Description/Account Amoun (Continued) INV-2-19707 EDMONDS PD - WEISBERG MOLLEE CUFF CASE 001.000.41.521.22.24.00 67.5( 10.1 % Sales Tax 001.000.41.521.22.24.00 6.8, INV-2-19870 EDMONDS PD - TRYKAR PISTOL HOLSTER E 001.000.41.521.22.24.00 36.0( MAG HOLDER 001.000.41.521.22.24.00 55.0( o TOURNIQUET POUCH 001.000.41.521.22.24.00 42.0( 0- CUFF CASE Q- a 001.000.41.521.22.24.00 40.0( Q UTILITY POUCH N 001.000.41.521.22.24.00 42.0( N 10.1 % Sales Tax r 001.000.41.521.22.24.00 21.7, INV-2-19872 EDMONDSPD - PETTIT BOSTON BELT E 001.000.41.521.22.24.00 23.3E 10.1 % Sales Tax 001.000.41.521.22.24.00 2.3E INV-2-19888 EDMONDS PD - HATCHETT E US BLAUER SHIRT t @ 001.000.41.521.22.24.00 284.9 � Q S/S BLAUER SHIRT 001.000.41.521.22.24.00 254.9, 6 NAME TAPES 001.000.41.521.22.24.00 54.0( 10.1 % Sales Tax 001.000.41.521.22.24.00 59.9� INV-2-20069 EDMONDS PD - PECK - FOR PETTI- SPORT TEK US TEE Page: 3 Packet Pg. 62 vchlist 11 /17/2022 11:16:44AM Bank code : usbank Voucher Date Vendor 255009 11/17/2022 076040 911 SUPPLY INC Voucher List City of Edmonds 8.4.a Page: 4 Invoice PO # Description/Account Amoun (Continued) 001.000.41.521.22.24.00 49.9£ 10.1 % Sales Tax 001.000.41.521.22.24.00 5.0E INV-2-20072 EDMONDS PD - PETTIT PATROL RAIN PANTS 001.000.41.521.22.24.00 115.0( 10.1 % Sales Tax E 001.000.41.521.22.24.00 INV-2-20217 EDMONDS PD - HATCHETT BLAUER CLASS B PANTS o 001.000.41.521.22.24.00 104.9� 10.1 % Sales Tax o L 001.000.41.521.22.24.00 10.6( a INV-2-20247 EDMONDS PD - PETTIT Q TRAFFIC VEST N 001.000.41.521.22.24.00 54.9� N HEATPRESS TRAFFIC VEST r 001.000.41.521.22.24.00 22.0( CLIP TIE 001.000.41.521.22.24.00 8.3( . CLASS A PANTS T 001.000.41.521.22.24.00 114.9E CLASS A SHIRT y 001.000.41.521.22.24.00 94.9E E METAL NAME PLATE @ 001.000.41.521.22.24.00 15.0( Q 10.1 % Sales Tax 001.000.41.521.22.24.00 31.31' INV-2-20344 EDMONDS PD - SCHEELE 3 NAME TAPE EMBROIDERY 001.000.41.521.11.24.00 24.0( 3 PATCH INSTALL 001.000.41.521.11.24.00 12.0( 3 L/S POLOS Page: 4 Packet Pg. 63 vchlist 11 /17/2022 11:16:44AM Bank code : usbank Voucher Date Vendor 255009 11/17/2022 076040 911 SUPPLY INC Voucher List City of Edmonds 8.4.a Page: 5 Invoice PO # Description/Account Amoun (Continued) 001.000.41.521.11.24.00 128.9 10.1 % Sales Tax 001.000.41.521.11.24.00 16.6E INV-2-20345 EDMONDS PD - SCINKOVEC HEATPRESS COG JACKET 001.000.41.521.70.24.00 22.0( PATCH INSTALL COG JACKET E 001.000.41.521.70.24.00 10.1 % Sales Tax 001.000.41.521.70.24.00 3.4' O INV-2-20346 EDMONDS PD - SCINKOVEC 3 PATROL SHIRTS o 001.000.41.521.70.24.00 165.0( a PATCH INSTALL 3 PER SHIRT Q 001.000.41.521.70.24.00 36.0( N 3 CUSTOM NAMETAPES N 001.000.41.521.70.24.00 24.0( r 10.1 % Sales Tax 001.000.41.521.70.24.00 22.7( N INV-2-20347 EDMONDS PD - GERRARD E PATROL BAG 001.000.41.521.22.24.00 72.0( DUTY BELT y 001.000.41.521.22.24.00 62.0( E INNER BELT @ 001.000.41.521.22.24.00 27.5( Q BELT KEEPERS 001.000.41.521.22.24.00 17.2E 10.1 % Sales Tax 001.000.41.521.22.24.00 18.0E INV-2-21342 EDMONDS PD - DEPT ISSUE ASP FRICTION BATON 21' 001.000.41.521.22.24.00 136.8( ASP FRICTION BATON 26' Page: 5 Packet Pg. 64 vchlist 11/17/2022 11:16:44AM Bank code : usbank Voucher Date Vendor 255009 11/17/2022 076040 911 SUPPLY INC 255010 11/17/2022 070322 A&A LANGUAGE SERVICES INC 255011 11/17/2022 065052 AARD PEST CONTROL Voucher List City of Edmonds Invoice (Continued) I N V-2-21780 15-97881 64988 65001 255012 11/17/2022 074143 AFFORDABLE WA BACKFLOW TESTING 554497 255013 11/17/2022 000850 ALDERWOOD WATER DISTRICT 11055 PO # Description/Account 001.000.41.521.22.24.00 10.1 % Sales Tax 001.000.41.521.22.24.00 EDMONDS PD - INVENTORY 300 EPD SHOULDER PATCHES 001.000.41.521.22.24.00 10.1 % Sales Tax 001.000.41.521.22.24.00 Total INTERPRETER 2A0565065 INTERPRETER 2A0565065 001.000.23.512.51.41.01 Total MEADOWDALE CC PEST CONTROI MEADOWDALE CC PEST CONTROI 001.000.64.576.80.41.00 10.5% Sales Tax 001.000.64.576.80.41.00 WWTP: 11/8/22 PEST CONTROL SE 11/8/22 Pest Control Service 423.000.76.535.80.41.00 10.5% Sales Tax 423.000.76.535.80.41.00 Total PM: BACKFLOW ASSEMBLY TEST: PM: BACKFLOW ASSEMBLY TEST: 001.000.64.576.80.41.00 Total MONTHLY WHOLESALE WATER Cl- MONTHLY WHOLESALE WATER CF 421.000.74.534.80.33.00 8.4.a Page: 6 Amoun 283.2( 42.4, N m 795.0( E 80.3( 5,220.31 0 R 0 170.0( 0. 170.0( Q N N T 94.0( r N 9.8, E M 77.0( c m E 8.0� u 188.9E r Q 80.0( 80.0( 190,611.2( Page: 6 Packet Pg. 65 vchlist 11/17/2022 11:16:44AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 255013 11/17/2022 000850 000850 ALDERWOOD WATER DISTRICT (Continued) 255014 11/17/2022 075199 ALESSANDRINI, IOLE 09272022 255015 11/17/2022 071634 ALLSTREAM 255016 11/17/2022 001528 AM TEST INC 255017 11/17/2022 069751 ARAMARK UNIFORM SERVICES 18972616 130184 6560087974 6560099376 6560099381 Description/Account Total 4TH AVE LIGHTS - MAINTENANCE 4TH AVE LIGHTS - MAINTENANCE 117.100.64.573.20.41.00 Total C/A 768328 PR1-1 & 2 City Phone Service 512.000.31.518.88.42.00 Tourism Toll free lines 877.775.6929; 001.000.61.558.70.42.00 Econ Devlpmnt Toll free lines 001.000.61.558.70.42.00 Total WWTP: SAMPLE #22-A0015711 SAMPLE #22-A0015711 423.000.76.535.80.41.00 Total WWTP: 10/19/22 NIFORMS,TOWEL Mats/Towels $52.68 + $5.53 tax @ 1 423.000.76.535.80.41.00 Rentals & Prep Charges $50.55 ($4E 423.000.76.535.80.24.00 WWTP: 11/9/22 UNIFORMS,TOWEL Mats/Towels $52.68 + $5.53 tax @ 1 423.000.76.535.80.41.00 Rentals & Prep Charges $56.13 (50.7 423.000.76.535.80.24.00 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 10.5% Sales Tax 001.000.66.518.30.24.00 8.4.a Page: 7 Amoun 190,611.2( 6,650.0( ui 6,650.0( m t U E 1,346.3( 0 10.8( 0 10.8( Q. 1,367.9( C N N r- 125.0( r 125.0( E 58.2 - 50.5E U �a 58.2 - Q 56.1 27.9" 2.9< Page: 7 Packet Pg. 66 vchlist 11 /17/2022 11:16:44AM Bank code : usbank Voucher Date Vendor 255017 11/17/2022 069751 ARAMARK UNIFORM SERVICES Voucher List City of Edmonds 8.4.a Page: 8 Invoice PO # Description/Account Amoun (Continued) 6560101089 PUBLIC WORKS OMC LOBBY MATE: PUBLIC WORKS OMC LOBBY MATE 001.000.65.518.20.41.00 1.6" .. PUBLIC WORKS OMC LOBBY MATE 111.000.68.542.90.41.00 6.1 PUBLIC WORKS OMC LOBBY MATE 421.000.74.534.80.41.00 6.1 - E PUBLIC WORKS OMC LOBBY MATE: 422.000.72.531.90.41.00 6.1' PUBLIC WORKS OMC LOBBY MATE: o 423.000.75.535.80.41.00 6.1' PUBLIC WORKS OMC LOBBY MATE: o 511.000.77.548.68.41.00 6.0£ a 10.5% Sales Tax Q 001.000.65.518.20.41.00 0.3" N 10.5% Sales Tax N 111.000.68.542.90.41.00 r• 0.6, r 10.5% Sales Tax 421.000.74.534.80.41.00 0.6, 10.5% Sales Tax E 422.000.72.531.90.41.00 0.6, 10.5% Sales Tax 423.000.75.535.80.41.00 c 0.6, 10.5% Sales Tax E 511.000.77.548.68.41.00 0.5£ @ 6560101093 FLEET DIVISION UNIFORMS & MAT Q FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 12.3E FLEET DIVISION MATS 511.000.77.548.68.41.00 19.1( 10.5% Sales Tax 511.000.77.548.68.24.00 1.7: 10.5% Sales Tax 511.000.77.548.68.41.00 1.5, Page: 8 Packet Pg. 67 vchlist 11/17/2022 11:16:44AM Voucher List City of Edmonds 8.4.a Page: 9 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 255017 11/17/2022 069751 069751 ARAMARK UNIFORM SERVICES (Continued) Total : 324.2( 255018 11/17/2022 001795 AUTOGRAPHICS 84128 COUNCIL MEMBER NAME CHANGE Council member plaque - Teitzel and 001.000.31.514.31.31.00 200.0( 10.5% Sales Tax 001.000.31.514.31.31.00 21.0( Total: 221.0( 255019 11/17/2022 071174 AXON ENTERPRISE INC INUS051039 ACCT 116409 - EDMONDS PD TASER 7 CERT PLAN YEAR 4 - OTY 001.000.41.521.40.35.00 41,040.0( Sales Tax 001.000.41.521.40.35.00 4,268.1( Total : 45,308.1( 255020 11/17/2022 073903 BENS CLEANER SALES INC 336815 WWTP: DE-ICER DE-iCER 423.000.76.535.80.31.00 114.5E 10.5% Sales Tax 423.000.76.535.80.31.00 12.0� Total : 126.55 255021 11/17/2022 079149 BHL COURT REPORTERS 21180 TRANSCRIPT HOLLY 1 A01 43952 TRANSCRIPT HOLLY 1A0143952 001.000.39.515.93.41.00 409.5( Total: 409.5( 255022 11/17/2022 074307 BLUE STAR GAS 1378723 FLEET - AUTO PROPANE 553.0 GAL FLEET - AUTO PROPANE 553.0 GAL 511.000.77.548.68.34.12 1,330.5, Total : 1,330.5: 255023 11/17/2022 072005 BROCKMANN, KERRY 10981 YOGA 10981 YOGA INSTRUCTION 10981 YOGA INSTRUCTION 001.000.64.571.27.41.00 1,301.3( Page: 9 Packet Pg. 68 vchlist 11/17/2022 11:16:44AM Bank code : usbank Voucher Date Vendor 255023 11/17/2022 072005 072005 BROCKMANN, KERRY 255024 11/17/2022 076240 CADMAN MATERIALS INC 255025 11/17/2022 018495 CALPORTLAND COMPANY Voucher List City of Edmonds 8.4.a Page: 10 Invoice PO # Description/Account Amoun (Continued) Total : 1,301.3( 5869686 ROADWAY -ASPHALT, LIQUID ASP ROADWAY -ASPHALT, LIQUID ASP 111.000.68.542.31.31.00 656.1- ui Total: 656.11 m 95662159 STREET - 5.5 SK 3/8 AEA t U STREET - 5.5 SK 3/8 AEA E 111.000.68.542.61.31.00 488.7( 10.5% Sales Tax o 111.000.68.542.61.31.00 51.3, R 95662160 STREET - 5.5 SK 3/8 AEA o STREET - 5.5 SK 3/8 AEA Q. 111.000.68.542.61.31.00 325.8(cL < 10.1 % Sales Tax 111.000.68.542.61.31.00 32.9( N 95662161 STORM - 1 1/2" X 3/4" GRAVEL DRA r- STORM - 1 1/2" X 3/4" GRAVEL DRA 422.000.72.531.40.31.00 826.9< 10.1 % Sales Tax E E 422.000.72.531.40.31.00 83.5< .� 95673015 STREET - 5.5 SK 3/8 AEA & DARASI STREET - 5.5 SK 3/8 AEA & DARASI 111.000.68.542.61.31.00 332.0z E 10.1 % Sales Tax 111.000.68.542.61.31.00 33.5( 95681210 STREET - 5.5 SK 3/8 AEA & DARASI Q STREET - 5.5 SK 3/8 AEA & DARASI 111.000.68.542.61.31.00 124.5, 10.1 % Sales Tax 111.000.68.542.61.31.00 12.5, Total: 2,311.8' 255026 11/17/2022 074387 CAMPBELL NELSON OF EDMONDS 68483 UNIT 17 - PARTS/ SENSOR UNIT 17 - PARTS/ SENSOR Page: 10 Packet Pg. 69 vchlist 11/17/2022 11:16:44AM Voucher List City of Edmonds 8.4.a Page: 11 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 255026 11/17/2022 074387 CAMPBELL NELSON OF EDMONDS (Continued) 511.000.77.548.68.31.10 360.0( 10.5% Sales Tax 511.000.77.548.68.31.10 37.8( Tota I : 397.8( 255027 11/17/2022 073029 CANON FINANCIAL SERVICES 29486828 ENGINEERING COPIER 11.2022 ENGINEERING COPIER 11.2022 001.000.67.518.21.45.00 253.4,' 10.5% Sales Tax 001.000.67.518.21.45.00 26.6- 29486829 RENTAL/LEASE - COPIER Dev Svcs copier (SN: 3AP01472)- 001.000.62.524.10.45.00 217.4, 10.5% Sales Tax 001.000.62.524.10.45.00 22.& Total : 520.3E 255028 11/17/2022 003510 CENTRAL WELDING SUPPLY CG119585 PM: YOST POOL CARBON DIOXIDE PM: YOST POOL CARBON DIOXIDE 001.000.64.576.80.31.00 250.6z 10.5% Sales Tax 001.000.64.576.80.31.00 26.3, Tota I : 276.9E 255029 11/17/2022 077306 CHECK RIDE DRIVER TRAINING JOHNSON & GOLSHANAR JOHNSON & GOLSHANARA - CLAS, JOHNSON & GOLSHANARA - CLAS, 422.000.72.531.90.49.00 10,130.0( Tota I : 10,130.0( 255030 11/17/2022 035160 CITY OF SEATTLE 9056920000 WWTP: 9/8-11/7/22 FLOWMETER 8 9/8-11/7/22 FLOW METER #879026 423.000.76.535.80.47.62 25.2( Total : 25.2( 255031 11/17/2022 073737 CITY OF SEATTLE SU1008359 ANNUAL ENG UTILITIES GPS SUBS Page: 11 Packet Pg. 70 vchlist 11/17/2022 11:16:44AM Bank code : usbank Voucher Date Vendor 255031 11/17/2022 073737 CITY OF SEATTLE 255032 11/17/2022 078902 COLEMAN OIL COMPANY LLC 255033 11/17/2022 076107 COMPASS HEALTH 255034 11/17/2022 065891 CONLEY, LISA M 255035 11/17/2022 072746 CONSOR NORTH AMERICA INC Voucher List City of Edmonds 8.4.a Page: 12 Invoice PO # Description/Account Amoun (Continued) ANNUAL ENG UTILITIES GPS SUBS 421.000.74.534.80.49.20 633.3' ANNUAL ENG UTILITIES GPS SUBS 422.000.72.531.90.49.20 633.3< ANNUAL ENG UTILITIES GPS SUBS 423.000.75.535.80.49.20 633.3z Total: 1,900.0( E INV-064116 DIESEL 3,204 GALLONS DIESEL 3,204 GALLONS o 511.000.77.548.68.34.10 16,346.7£ DELIVERY FEE p 511.000.77.548.68.34.10 L 650.0( 0- 10.5% Sales Tax a 511.000.77.548.68.34.10 68.2E N Total : 17,065.W N OCTOBER 2022 HS: BEHAVIORAL HEALTH ASSISTA T HS: BEHAVIORAL HEALTH ASSISTA N 001.000.63.557.20.41.00 8,859.0( E Total: 8,859.0( CONLEY SUB MEADOWDALE PRESCHOOL SUBS MEADOWDALE PRESCHOOL SUBS 001.000.64.571.29.49.00 240.0( Total : 240.0( m r a 20-2967.01-1 E22JB/SERVICES THRU 7.31.22 E22JB/SERVICES THRU 7.31.22 421.000.74.594.34.41.00 1,617.0( N202967WA.01-2 E22JB/SERVICES THRU 9.30.22 E22JB/SERVICES THRU 9.30.22 421.000.74.594.34.41.00 5,148.0( N202967WA.01-3 E22JB/SERVICES THRU 10.31.22 E22JB/SERVICES THRU 10.31.22 Page: 12 Packet Pg. 71 vchlist 11/17/2022 11:16:44AM Voucher List City of Edmonds 8.4.a Page: 13 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 255035 11/17/2022 072746 CONSOR NORTH AMERICA INC (Continued) 421.000.74.594.34.41.00 4,163.0( Total: 10,928.0( 255036 11/17/2022 072786 CTS LANGUAGE LINK 226335 LANGUAGE LINK OCT'22 LANGUAGE LINK OCT'22 001.000.23.512.51.41.01 94.1 £ Total : 94.11 255037 11/17/2022 006200 DAILY JOURNAL OF COMMERCE 3383118 PLANNING - ADVERTISING Publication of RFP for Tree Code 001.000.62.558.60.41.40 76.8E Total: 76.8° 255038 11/17/2022 006626 DEPTOF ECOLOGY DMcC-OIT3 WWTP: DMCCLAMMA OIT 3 WW Of DMCCLAMMA OIT 3 W W OPERATO 423.000.76.535.80.49.71 67.0( Tota I : 67.0( 255039 11/17/2022 064531 DINES, JEANNIE 22-4192 CITY COUNCIL MEETING MINUTES City Council Mtg Min 11/01/2022 & Ci 001.000.31.514.31.41.00 1,260.0( Total : 1,260.0( 255040 11/17/2022 067703 EDMONDS COLLEGE ATHLETICS 001-22/23 GYM RENTAL: VOLLEYBALL LEAGL GYM RENTAL: VOLLEYBALL LEAGI 001.000.64.571.25.45.00 2,065.0( Total : 2,065.0( 255041 11/17/2022 008705 EDMONDS WATER DIVISION 5-00080 IRRIGATION AT HWY 99/CITY LINE IRRIGATION AT HWY 99/CITY LINE 001.000.64.576.80.47.00 56.3E 5-10351 INTERURBAN TRAIL INTERURBAN TRAIL 001.000.64.576.80.47.00 61.21 Total : 117.6: Page: 13 Packet Pg. 72 vchlist 11/17/2022 11:16:44AM Bank code : usbank Voucher Date Vendor 255042 11/17/2022 075200 EDUARDO ZALDIBAR Voucher List City of Edmonds Invoice 8600/2022 255043 11/17/2022 008812 ELECTRONIC BUSINESS MACHINES AR232174 AR233606 AR234661 AR234804 8.4.a Page: 14 PO # Description/Account Amoun INTERPRETER 1A0647160 INTERPRETER lA0647160 001.000.23.512.51.41.01 280.0( Total : 280.0( .. WWTP: 9/16-10/15/22 OVERAGE Cl- N 9/16-10/15/22 OVERAGE CHARGE 423.000.76.535.80.45.00 87.8, U E 10.5% Sales Tax 423.000.76.535.80.45.00 9.2, Z MK5532 C165 CONTRACT CHARGE o b/w copier charges 10/01/22 - 10/31/ R 001.000.31.514.31.45.00 18.9E p Color copier charges Q. 001.000.31.514.31.45.00 1,061.5" Q 10.5% Sales Tax .. 001.000.31.514.31.45.00 N 113.4E N RENTAL/LEASE - COPIER r Contract charges forf 10/'4/22-11/3/2', 001.000.62.524.10.45.00 163.4' N 10.5% Sales Tax E 001.000.62.524.10.45.00 17.1E T C57501 a: bw overage 10/16 - 11/15/2022 m 001.000.21.513.10.45.00 8.9E E clr overages 10/16 - 11/15/2022 U 001.000.22.518.10.45.00 123.4E r clr overages 10/16 - 11/15/2022 Q 001.000.61.557.20.45.00 35.2E clr overages 10/16 - 11/15/2022 001.000.21.513.10.45.00 17.6z 10.5% Sales Tax 001.000.21.513.10.45.00 2.8( 10.5% Sales Tax 001.000.22.518.10.45.00 12.9E Page: 14 Packet Pg. 73 vchlist 11/17/2022 11:16:44AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 255043 11/17/2022 008812 ELECTRONIC BUSINESS MACHINES (Continued) 255044 11/17/2022 047407 EMPLOYMENT SECURITY DEPT 255045 11/17/2022 009350 EVERETT DAILY HERALD AR234805 AR234901 PO # Description/Account 10.5% Sales Tax 001.000.61.557.20.45.00 WWTP: 10/16-11/15/22 OVERAGE C 10/16-11/15/22 OVERAGE CHARGE 423.000.76.535.80.45.00 10.5% Sales Tax 423.000.76.535.80.45.00 ACCT#MK5648 CONTRACT 2600-02 Maintenance MM/DD/22 - MM/DD/22 512.000.31.518.88.48.00 10.5% Sales Tax 512.000.31.518.88.48.00 Total 312 000 093 ES REF # 94513310 7 Q3-22 Unemployment Claims 001.000.39.517.78.23.00 Q3-22 Unemployment Claims 423.000.76.535.80.23.10 Total EDH966210 CITY ORDINANCE #4279 CITY ORDINANCES #4279 001.000.31.514.31.41.40 EDH966414 PLANNING -ADVERTISING Publication of City Notice- 001.000.62.558.60.41.40 255046 11/17/2022 072493 FIRSTLINE COMMUNICATIONS INC 175566 Total NOV-2022 SUPPORT SERVICES Nov-2022 Support Services 512.000.31.518.88.48.00 10.5% Sales Tax 512.000.31.518.88.48.00 8.4.a Page: 15 Page: 15 Packet Pg. 74 vchlist 11/17/2022 11:16:44AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 255046 11/17/2022 072493 072493 FIRSTLINE COMMUNICATIONS INC (Continued) 255047 11/17/2022 065198 GAMETIME PJI-0195982 255048 11/17/2022 069571 GOBLE SAMPSON ASSOCIATES INC BINV0010012 BINV0010039 255049 11/17/2022 063137 GOODYEAR AUTO SERVICE CENTER 0000036417 255050 11/17/2022 075082 GOUDA INCORPORATED BID-1300 8.4.a Page: 16 Description/Account Amoun Total : 292.8: TODDLER SWING: MATHAY BALLIN TODDLER SWING: MATHAY BALLIN 001.000.64.576.80.31.00 470.9E ui 10.5% Sales Tax 001.000.64.576.80.31.00 49.4.E t Total: 520.4( U WWTP: PO 911 WATM 01 PO 911 WATM 01 0 423.000.76.535.80.48.00 162.0( 'R Freight o 423.000.76.535.80.48.00 28.21 Q. 10.5% Sales Tax Q 423.000.76.535.80.48.00 WWTP: PO 921 PENV N PO 921 PENV r- 423.000.76.535.80.48.00 T 2,136.0( r Freight 423.000.76.535.80.48.00 N 545.8( E 10.5% Sales Tax M 423.000.76.535.80.48.00 281.5� Total: 3,173.61 m UNIT 976 - TIRES t UNIT 976 - TIRES M 511.000.77.548.68.34.30 555.0E Q WA STATE TIRE FEE 511.000.77.548.68.34.30 4.0( 10.6% Sales Tax 511.000.77.548.68.34.30 58.81 Total : 617.9: BID/ED! UMBRELLAS BID/ED! UMBRELLAS Page: 16 Packet Pg. 75 vchlist 11/17/2022 11:16:44AM Bank code : usbank Voucher Date Vendor 255050 11/17/2022 075082 GOUDA INCORPORATED 255051 11/17/2022 012199 GRAINGER 255052 11/17/2022 072647 HERRERA ENVIRONMENTAL 255053 11/17/2022 078923 HKAGLOBAL INC 255054 11/17/2022 061013 HONEY BUCKET Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 140.000.61.558.70.31.00 Total 9498830695 WWTP - DOOR LOCK BATTERY WWTP - DOOR LOCK BATTERY 001.000.66.518.30.31.00 10.5% Sales Tax 001.000.66.518.30.31.00 Total 51888 TO 22-03/SERVICES THRU 8.26.22 TO 22-03/SERVICES THRU 8.26.22 422.000.72.531.90.41.20 52153 TO 22-03/SERVICES THRU 9.30.22 TO 22-03/SERVICES THRU 9.30.22 422.000.72.531.90.41.20 52256 EBB TIDE LITIGATION PROFESSIOI EBB TIDE LITIGATION PROFESSIOI 001.000.64.571.21.41.00 Tota I : 0000006-1 WWTP: ADDL MONEY DUE FOR IN) ADDL MONEY DUE FOR INV.000001 423.100.76.594.35.41.00 0000008 WWTP: 10/2022 PROF. SERVICES 1 10/2022 Professional Services for 423.100.76.594.35.41.00 Tota I : 0553072454 PINE RIDGE PARK HONEY BUCKET PINE RIDGE PARK HONEY BUCKET 001.000.64.576.80.45.00 0553085002 LIBRARY HONEY BUCKET LIBRARY HONEY BUCKET 001.000.64.576.80.45.00 8.4.a Page: 17 Page: 17 Packet Pg. 76 vchlist 11/17/2022 11:16:44AM Voucher List City of Edmonds 8.4.a Page: 18 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 255054 11/17/2022 061013 HONEY BUCKET (Continued) 0553098317 FRANCES ANDERSON CENTER HC FRANCES ANDERSON CENTER HC 001.000.64.576.80.45.00 619.9 Tota I : 754.6, 255055 11/17/2022 079033 HYUN SON SHIN 03 PROF SVCS Translation work- 001.000.62.524.10.41.00 57.5( Total : 57.5( 255056 11/17/2022 071254 INT'L WATER TREATMENT NA 0837 F.A.C. - PARTS F.A.C. - PARTS 001.000.66.518.30.31.00 1,004.0( Freight 001.000.66.518.30.31.00 25.0( 10.5% Sales Tax 001.000.66.518.30.31.00 108.0E Total : 1,137.0E 255057 11/17/2022 074596 JUSINO, ELIZABETH 08082022 WOTS - NONFICTION CONTEST JU WOTS - NONFICTION CONTEST JU 117.100.64.573.20.41.00 130.0( Total : 130.0( 255058 11/17/2022 073603 LIGHTHOUSE LAW GROUP PLLC Nov-2022 11-2022 LEGALS FEES 11-2022 Legal fees 001.000.36.515.41.41.00 53,953.0( Total: 53,953.0( 255059 11/17/2022 077253 MAYES TESTING ENGINEERS INC TH65243 EOMA/SERVICES THRU 10.15.22 EOMA/SERVICES THRU 10.15.22 332.000.64.594.76.41.00 1,274.3E EOMA/SERVICES THRU 10.15.22 125.000.64.594.76.41.00 380.6E Total: 1,655.0( Page: 18 Packet Pg. 77 vchlist 11/17/2022 11:16:44AM Bank code : usbank Voucher Date Vendor 255060 11/17/2022 079084 MCLAUGHLIN, SUSAN 255061 11/17/2022 020039 MCMASTER-CARR SUPPLY CO 255062 11/17/2022 079172 MCMILLIN, DANIELJ Voucher List City of Edmonds Invoice SMcLaughlin Nov22 SMcLaughlin Oct2022 86869435 11052022DM 255063 11/17/2022 020900 MILLERS EQUIP & RENTALL INC 385970 255064 11/17/2022 020900 MILLERS EQUIP & RENTALL INC 386022 PO # Description/Account CLAIM FOR EXPENSES Per Diem (meals) while attending 001.000.62.524.10.43.00 CLAIM FOR EXPENSES Per Diem (meals) for APAWA conf in 001.000.62.524.10.43.00 Total WWTP: PO 915 DRUM PUMP, HOSE PO 915 DRUM PUMP, HOSE FITTIN 423.000.76.535.80.48.00 Freight 423.000.76.535.80.48.00 10.5% Sales Tax 423.000.76.535.80.48.00 Total PROFESSIONAL SERVICES Services in association with PA Gear 001.000.62.524.10.49.00 Total MISC - EQUIP RENTAL Equip rental for Porchfest Event on 1' 001.000.62.524.10.49.00 10.5% Sales Tax 001.000.62.524.10.49.00 Total PM: REWIND STARTER, HEDGE TR PM: REWIND STARTER, HEDGE TR 001.000.64.576.80.48.00 10.5% Sales Tax 001.000.64.576.80.48.00 Total 8.4.a Page: 19 Page: 19 Packet Pg. 78 vchlist 11/17/2022 11:16:44AM Voucher List City of Edmonds 8.4.a Page: 20 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 255065 11/17/2022 024960 NORTH COAST ELECTRIC COMPANY S012171683.001 WWTP: PO 924 STEM B01B020 BRN PO 924 STEM BQ1 B020 BRKR 423.000.76.535.80.48.00 52.0' 10.5% Sales Tax 423.000.76.535.80.48.00 5.4E Tota I : 57.45 255066 11/17/2022 064951 OTIS ELEVATOR CO F10000072344 PW - IMPACT FEE PW - IMPACT FEE 001.000.66.518.30.48.00 138.1 < Total : 138.1; 255067 11/17/2022 075735 PACIFIC SECURITY 43863 SECURITY OCT'22 SECURITY OCT'22 001.000.23.512.51.41.02 3,969.7� Total : 3,969.7< 255068 11/17/2022 078895 PADILLA, TRACIE 11042022 CLAIM FOR EXPENSES PADILLA CLAIM FOR EXPENSES PADILLA PF 001.000.23.523.30.43.00 267.5( Total: 267.5( 255069 11/17/2022 072507 PEACE OF MIND OFFICE SUPPORT 22103 PROF SVCS Preparation of meeting minutes for 001.000.62.558.60.41.00 92.0( Total : 92.0( 255070 11/17/2022 029117 PORT OF EDMONDS 03870 PORT RIGHT-OF-WAY LEASE FOR PORT RIGHT-OF-WAY LEASE FOR 422.000.72.531.90.41.50 4,392.3E Total : 4,392.3E 255071 11/17/2022 046900 PUGET SOUND ENERGY 200016558856 CIVIC CENTER 250 5TH AVE N / ME CIVIC CENTER 250 5TH AVE N / ME 001.000.66.518.30.47.00 130.7E Tota I : 130.7f Page: 20 Packet Pg. 79 vchlist 11/17/2022 11:16:44AM Voucher List City of Edmonds 8.4.a Page: 21 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 255072 11/17/2022 071702 RAILROAD MGMT CO III LLC 462687 LIC# 305683 MEADOWDALE STORP LIC# 305683 MEADOWDALE STORP 422.000.72.531.90.49.00 313.3z Total: 313.3' 255073 11/17/2022 062657 REGIONAL DISPOSAL COMPANY 0000056244 STORM - STREET SWEEPINGS N STORM - STREET SWEEPINGS t 422.000.72.531.10.49.00 1,087.5' U Total : 1,087.51, 255074 11/17/2022 061540 REPUBLIC SERVICES #197 3-0197-0800478 FIRE STATION #20 23009 88TH AVE FIRE STATION #20 23009 88TH AVE o 'R 001.000.66.518.30.47.00 307.2z o 3-0197-0800897 PUBLIC WORKS OMC 7110 210TH ; Q. PUBLIC WORKS OMC 7110 210TH : Q 001.000.65.518.20.47.00 PUBLIC WORKS OMC 7110 210TH : N 111.000.68.542.90.47.00 174.8( PUBLIC WORKS OMC 7110 210TH : T r 421.000.74.534.80.47.00 174.8( N PUBLIC WORKS OMC 7110 210TH ; E 423.000.75.535.80.47.10 174.8( .2 PUBLIC WORKS OMC 7110 210TH ; 511.000.77.548.68.47.00 174.8( PUBLIC WORKS OMC 7110 210TH ; m E 422.000.72.531.90.47.00 174.8" U 3-0197-0801132 FIRE STATION #16 8429 196TH ST ;° FIRE STATION #16 8429 196TH ST ; r Q 001.000.66.518.30.47.00 325.7" 3-0197-0829729 CLUBHOUSE 6801 N MEADOWDAL CLUBHOUSE 6801 N MEADOWDAL 001.000.66.518.30.47.00 74.6, Tota I : 1,627.51 255075 11/17/2022 079173 RICHARDSON, JEREMIAH JRichardson-11.2022 WWTP: JRICHARDSON - EXP.CLAII JRICHARDSON - EXP.CLAIM-REIME Page: 21 Packet Pg. 80 vchlist 11/17/2022 11:16:44AM Voucher List City of Edmonds 8.4.a Page: 22 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 255075 11/17/2022 079173 RICHARDSON, JEREMIAH (Continued) 423.000.76.535.80.49.71 98.0( Tota I : 98.0( 255076 11/17/2022 068657 ROBERT HALF 61063716 TEMPORARY HELP WEEK ENDING Temp Position at Customer: Bookkee 001.000.31.514.23.41.00 1,952.0( Total : 1,952.0( 255077 11/17/2022 078316 RULE STEEL TANKS INC 0040444-IN WWTP: PO 879 DUMPSTER PO 879 DUMPSTER 423.000.76.535.80.48.00 9,395.0( Freight 423.000.76.535.80.48.00 1,750.0( Total : 11,145.0( 255078 11/17/2022 072440 SCORDINO, JOE 036 E7FG/SCORDINO REIMBURSEMEN E7FG/SCORDINO REIMBURSEMEN 001.000.39.554.90.49.00 2,227.2- Total : 2,227.21 255079 11/17/2022 066964 SEATTLE AUTOMOTIVE DIST INC S3-7682723 UNIT 451 - PARTS/ ROTOR UNIT 451 - PARTS/ ROTOR 511.000.77.548.68.31.10 105.1 E 10.5% Sales Tax 511.000.77.548.68.31.10 11.0E S3-7684904 UNIT 451 PARTS/ ADDITIVE OIL UNIT 451 PARTS/ ADDITIVE OIL 511.000.77.548.68.31.10 4.5( 10.5% Sales Tax 511.000.77.548.68.31.10 0.4£ Total : 121.2E 255080 11/17/2022 075486 SHIPLEY, BRAD BShipley Nov2022 CLAIM FOR EXPENSES Refreshments for Porchfest Event on 001.000.62.524.10.49.00 239.8< Page: 22 Packet Pg. 81 vchlist 11/17/2022 11:16:44AM Voucher List City of Edmonds 8.4.a Page: 23 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 255080 11/17/2022 075486 075486 SHIPLEY, BRAD (Continued) Total : 239.8: 255081 11/17/2022 036955 SKY NURSERY T-2109559 PM: STRAW BALES PM: STRAW BALES 001.000.64.576.80.31.00 16.9� ui 10.3% Sales Tax 001.000.64.576.80.31.00 1.7,' T-2118131 PM: FLOWER PROGRAM PLANTS U PM: FLOWER PROGRAM PLANTS E 001.000.64.576.81.31.00 80.8E Z 10.3% Sales Tax o 001.000.64.576.81.31.00 8.3: R T-2118135 CEMETERY PLANTS 0 CEMETERY PLANTS Q. 130.000.64.536.50.31.00 56.8E Q 10.3% Sales Tax 130.000.64.536.50.31.00 5.8E N Total : 170.6! r 255082 11/17/2022 037375 SNO CO PUD NO 1 200496834 LIFT STATION #10 17526 TALBOT R LIFT STATION #10 17526 TALBOT R E E 423.000.75.535.80.47.10 72.1( .m 200651644 PARK MAINTENANCE SHOP PARK MAINTENANCE SHOP 001.000.64.576.80.47.00 349.7( E 201184538 HICKMAN PARK HICKMAN PARK +a, 001.000.64.576.80.47.00 30.2, Q 201431236 PEDEST CAUTION LIGHT 9110 OILY PEDEST CAUTION LIGHT 9110 OILY 111.000.68.542.64.47.00 20.7E 201790003 ALDERWOOD INTERIE 6130 168TH ALDERWOOD INTERIE 6130 168TH 421.000.74.534.80.47.00 49.1 E 202540647 SIERRA PARK IRRIGATION 8100 191 SIERRA PARK IRRIGATION 8100 191 Page: 23 Packet Pg. 82 vchlist 11/17/2022 11:16:44AM Voucher List City of Edmonds 8.4.a Page: 24 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 255082 11/17/2022 037375 SNO CO PUD NO 1 (Continued) 001.000.64.576.80.47.00 23.7z 205184385 LIFT STATION #5 432 3RD AVE S / fV LIFT STATION #5 432 3RD AVE S / fV 423.000.75.535.80.47.10 25.0z 221732084 VETERANS PLAZA METER 1000597 VETERANS PLAZA METER 1000597 001.000.64.576.80.47.00 100.3� E Total : 671.11 255083 11/17/2022 006630 SNOHOMISH COUNTY 82678 PARKS MAINT 5005 DUMP FEES o PARKS MAINT DUMP FEES R 001.000.64.576.80.47.00 756.0( p ILLEGAL DUMP FEES Q. 422.000.72.531.10.49.00 40.0( Q Total : 796.0( N N 255084 11/17/2022 037303 SO SNOHOMISH CO FIRE & RESCUE Dec-22 DEC-2022 FIRE SERVICES CONTR) Dec-2022 Fire Services Contract Pay r 001.000.39.522.20.41.50 784987.6E Total: 784:987.61 E .R 255085 11/17/2022 038300 SOUND DISPOSAL CO 103583 CIVIC CENTER 250 5TH AVE N CIVIC CENTER 250 5TH AVE N 001.000.66.518.30.47.00 721.2- 202334 LIBRARY DISPOSAL - 650 MAIN STI t LIBRARY DISPOSAL - 650 MAIN STf M M 001.000.66.518.30.47.00 928.8E Q Tota I : 1,650.0 , 255086 11/17/2022 076114 SOUND SALMON SOLUTIONS 10786 10786 INVEST SALISH SCIENTISTS 10786 INVEST SALISH SCIENTISTS 001.000.64.571.22.41.00 1,687.5( Total: 1,687.5( 255087 11/17/2022 079063 SPRING COMM & CREATIVITY LLC 002 PROF SVCS Zoom Testing and Spanish Interpretai Page: 24 Packet Pg. 83 vchlist 11/17/2022 11:16:44AM Voucher List City of Edmonds 8.4.a Page: 25 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 255087 11/17/2022 079063 SPRING COMM & CREATIVITY LLC (Continued) 001.000.62.524.10.41.00 310.5( Total: 310.5( 255088 11/17/2022 039775 STATE AUDITOR'S OFFICE L151007 10-2022 AUDIT FEES 10-2022 Audit Fees 001.000.39.514.20.41.50 1,858.5E 10-2022 Audit Fees 111.000.68.543.30.41.50 185.8E 10-2022 Audit Fees 421.000.74.534.80.41.50 557.5 10-2022 Audit Fees 422.000.72.531.90.41.50 557.5 10-2022 Audit Fees 423.000.75.535.80.41.50 557.5E Total: 3,717.1, 255089 11/17/2022 079171 TEREX USA LLC 7265284 WWTP: PO 907 REPAIR WORK PLA PO 907 REPAIR WORK PLATFORM 423.000.76.535.80.48.00 4,521.1 10.5% Sales Tax 423.000.76.535.80.48.00 474.7, Total: 4,995.8E 255090 11/17/2022 074800 TURNSTYLE INC BID-5752 BID/ED! WEBSITE UPDATE BID/ED! WEBSITE UPDATE 140.000.61.558.70.41.00 1,700.0( Total: 1,700.0( 255091 11/17/2022 067865 VERIZON WIRELESS 9919470460 C/A442201730-00001 iPad Cell Service Mayor's Office 001.000.21.513.10.42.00 35.1 , Dayton St Stormwater Pump Station 422.000.72.531.90.42.00 26.8( Total : 61.9: Page: 25 Packet Pg. 84 vchlist 11/17/2022 11:16:44AM Voucher List City of Edmonds 8.4.a Page: 26 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 255092 11/17/2022 067195 WASHINGTON TREE EXPERTS 122-951 PM: TREE REMOVAL: MAPLEWOOE PM: TREE REMOVAL: MAPLEWOOE 125.000.64.576.80.41.00 2,000.0( 10.5% Sales Tax -71 125.000.64.576.80.41.00 210.0( u) Total: 2,210.0( 255093 11/17/2022 073552 WELCO SALES LLC 8313 HWY 99 OFFICE BUSINESS CARD t U HWY 99 OFFICE BUSINESS CARDS E 001.000.60.557.20.49.00 62.6' Z 10.5% Sales Tax o 001.000.60.557.20.49.00 6.5£ 'R Total: 69.21 o L 255094 11/17/2022 069605 WEST COAST CODE CONSULTANTS 2022-EDM-OCT PROF SVCS °- Q Consultant Plan review for Anthology 001.000.62.524.20.41.00 205.0( N Total : 205.0( T 255095 11/17/2022 079083 WESTWATER CONSTRUCTION COMPAN E20CE.Pmt4 E20CE/SERVICES THRU 10.31.22 E20CE/SERVICES THRU 10.31.22 N E 112.000.68.595.33.65.00 504,576.1, Total : 504,576.11, 255096 11/17/2022 079165 WOLLA, DEBORAH BLD2022-0866 PERMIT FEE REFUND Permit fee refund (BLD2022-0866)- E 001.000.257.620 335.0( @ Total : 335.0( Q 255097 11/17/2022 077286 WSP USA INC 1212084 E20CB/SERVICES THRU 9.2.22 E20CB/SERVICES THRU 9.2.22 EDP 112.000.68.542.30.41.00 526.9E E20CB/SERVICES THRU 9.2.22 EDP 125.000.68.542.30.41.00 276.1( E20CB/SERVICES THRU 9.2.22 EDIN 126.000.68.542.30.41.00 38.7, Page: 26 Packet Pg. 85 vchlist 11 /17/2022 11:16:44AM Bank code : usbank Voucher Date Vendor 255097 11/17/2022 077286 WSP USA INC 255098 11/17/2022 011900 ZIPLY FIBER 90 Vouchers for bank code : usbank 90 Vouchers in this report Voucher List City of Edmonds 8.4.a Page: 27 Invoice PO # Description/Account Amoun (Continued) E20CB/SERVICES THRU 9.2.22 LYN 112.000.68.542.30.41.00 841.7 , Total : 1,683.5' 206-188-0247 TELEMETRY MASTER SUMMARY A, N TELEMETRY MASTER SUMMARY A, 421.000.74.534.80.42.00 278.0E U TELEMETRY MASTER SUMMARY A 423.000.75.535.80.42.00 278.0E Z 253-003-6887 LIFT STATION #6 VG SPECIAL ACCI o LIFT STATION #6 VG SPECIALACCE 'R 423.000.75.535.80.42.00 42.1 p 425-774-1031 LIFT STATION #8 VG SPECIAL ACCI Q. LIFT STATION #8 TWO VOICE GRAI a 423.000.75.535.80.42.00 58.1E .. 425-776-1281 SNO-ISLE LIBRARY ELEVATOR PH( N SNO-ISLE LIBRARY ELEVATOR PH( r 001.000.66.518.30.42.00 74.6- 425-776-5316 425-776-5316 PARKS MAINT FAX LII N 425-776-5316 PARKS MAINT FAX LII E 001.000.64.576.80.42.00 116.7< 12 Total : 847.8, c Bank total : 1,763,622.9E t Total vouchers : 1,763,622.9E U r Q Page: 27 Packet Pg. 86 PROJECT NUMBERS (By Project Title) Project Title 175th St. SW Slope StabilizatiopA& 2019 Sewerline Replacement Project 2019 MIN 2019 Swedish Waterline Replacement Engineering Project Project Accounting Funding Khimhor Khimhar E21FB c560 EBGA c516 SW R EBFC EBJA c523 WTR 2019 Utilitv Rate & GFC Update EBJB s020 UTILITIES P019 Waterline Overlay 2019 Waterline Replacement E7JA c498 WTR 19 20 Guardrail Installations z 2020 Overlay Program EOCA i042 STR E R2020 Pedestria EODB SML ° 2020 Pedestrian Task Force EODA s024 STR 4- ° ffic Calming o 2020 Traffic Signal Upgrades EOAB i047 STR a Q- a r020 Waterline Overlay i053 N 2021 Guardrail Installations E21AB i057 STR ti 2021 Pedestrian Task Force E21 DB i062 STR a1 Seweriverlay Program 2021 Stormwater Overlay Program E21CD i061 STM affic Calming 2021 Waterline Overlay Program E21CB i059 WTR 1022 Guardrail Program 2022 Overlay Program E22CA i063 STR n Safety 2022 Sewerline Overlay Program E22CC i065 STR 2022 Stormwater Overlay Program E22CD i066 STR 022 Traffic Calming Program 2022 Utility Rate and GFC Study E22NB s030 UTILITIES bL022 Waterline Overlay Program 2023 Overlay Program E23CA i074 STR ak.ublic ROW ADA B 2023 Sewer Overlay Program E23CC i076 SWR 2023 Stormwater Overlay Program 2023 Transportation Plan E23AA s032 STR 2023 Waterline Overlay Program WT Revised 9/27/2022 Packet Pg. 87 PROJECT NUMBERS (By Project Title) Project Title 220th Adaptive 76th Ave Overlay (196th St. to OV 76th Ave W & 220th St. SW Intersection Improvements �6th Ave W at 212th St S1Antersection Improvements 84th Ave W Overlay from 220th to 212th FDA Curb Ramps Admiral Way Pedestrian Crossing kallinger Regional Facility Pre -Design Citywide Bicycle Improvements Project Citywide Pedestrian Crossing Enhancements -6tected/Permissive Traffic Signal Conversion Civic Center Playfield (Construction) Vvic Center Playfield (Design) I Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) Dayton Street Stormwater Pump Station Edmonds Fishing Pier Rehab EdmondsVars ater Elm St. Waterline Replacement ay Walkway from 8th Ave to 9th Ave Five Corners Reservoir Re -coating rwy 99 Gateway Revitalization Hwy 99 Revitalization Stage 3 (244th-238th) Hwy 99 Revitalization Stage 4 (224th-220th) Lake Ballinger Associated Projects We Ballinger l Sewer SM Engineering Project Number EBAB E20CB EBCA E 1 CA 8.4.b Project Accounting Funding Number i028 STR i052 STR i029 STR EBCC i031 STR E9DA i040 STR s022 EODC i050 STR E7DC i026 STR EOMA c551 PRK EOMA ESJB c482 WTR E41FE c455 A E4MB c443 FAC 21 FE S1A& E21JB c561 WTR ESKA c473 WTR E22CE i067 STR i068 STR E4FD c436 STM �B Lift Station #1 Basin & Flow Study E4GC c461 SWR rower Perrinville Creek Restorati E22FB Minor Sidewalk Program NPDES (Students Saving Salmon) Official Street Map & Sidewalk Plan Update OVD Slope Repair & Stabilization Perrinville Creek Flow Reduction Improvements terrinville Creek Recovery Study Phase 10 Sewerline Replacement Project hase 1 Vnnual Water Utility Replacement Project Phase 12 Annual Water Utility Replacement Project E6DD i017 STR E7FG Vm013 EONA s025 GF E71FA m105 STM E20FC c552 STM E22GA c566 SW R c549 WTR E21JA c558 ►611-0. W Y t,1 d z E 0 0 L a a 4 Revised 9/27/2022 Packet Pg. 88 PROJECT NUMBERS (By Project Title) Engineering Project Project Title Project Accounting Funding Number Number Phase 13 Waterline Replacement Project E22JA c565 JLWTR_A Phase 2 Annual Storm Utility Replacement Project EOFB c547 STM Ose 3 Sto ility Replac = E21 FD Phase 4 Storm Utility Replacement Project E22FA c567 STM nual Sewer Replacement Project NEOGA Phase 9 Annual Sewer Replacement Project E21 GA c559 SWR W Concrete Regrade & Drainage South Sanitary Sewer and Stormwater Pipe Rating Services E21 GB c562 SWR Seaview Park Infiltration Facility Phase 2 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) E20CE i055 STIR MTN Adaptive System 236th-226 E22CG Standard Details Updates ESNA solo UTILITIES tormwater Comp Plan Update Sunset Walkway Improvements E1 DA c354 STIR Utility Funds reserve Policies Study s029 UTILITIES Waterfront Development & Restoration (Construction) E7MA c544 PRK Waterfront Development & Restoration (Design) c496 Waterfront Development & Restoration (Pre - Design) E7MA m103 PRK Willow Creek Daylighting/Edmonds Marsh Restoration Yost & Seaview Reservoir Assessment ost & Seaview Reservoir Repairs and Upgrades Yost Park Infiltration Facility EOJB s026 WTR E21 FA c556 PRK vi Y t,1 d z E 0 0 L Q a a Revised 9/27/2022 Packet Pg. 89 PROJECT NUMBERS (By Engineering #) Engineering Project Title Project Number L020 Guardrail Installations 2020 Traffic Signal Upgrades 2020 Overlay Program 12020 Waterline Ova 2020 Pedestrian Task Force 020 Pedestrian Safety Program Project Accounting Funding Number i046 EOAB i047 STR i048 EOCA i042 STR EODA s024 STR Citywide Bicycle Improvements Project EODC Seaview Park Infiltration Facility Phase Phase 2 Annual Storm Utility Replacement Project EOFB al Sewer Replace Phase 11 Annual Water Utility Replacement Project NOR EOJA ost & Seaview Reservoir Assessment Civic Center Playfield (Construction) EOMA rvic Center Playfield (Design) EOMA Official Street Map & Sidewalk Plan Update EONA at 212th St SW Intersection Improvements 1C i05O STR Y d z c547 STM E .2 c549 WTR ° R o a c551 PRK Q- a R N N s025 GF ti c368 VVSTR Sunset Walkway Improvements E1 DA c354 STR a Ave Overlay (196 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) E20CE i055 STR rrinville Creek Flow Reduction Improvements 2021 Traffic Calming 1021 Guardrail Installations 2021 Overlay Program t021 Waterline Overlay Program E21 AA E21 CA 21CB c552 i056 STR i051 STR WTR 2021 Sewer Overlay Program E21 CC i06O SW R j?021 Stormwater Overlay Progra- Elm Way Walkway from 8th Ave to 9th Ave E21 DA i058 STR F-021 Pedestrian Task Force Mop" Yost Park Infiltration Facility E21 FA c556 PRK 175th St. SW Slope Stabilization wow E21 FB Perrinville Creek Recovery Study E21 FC s028 STM t Replacemel qW1FD Edmonds Marsh Water Quality Project E21 FE c564 STM I Sewer Replacement Project E21GA c559 Sanitary Sewer and Stormwater Pipe Rating Services E21 GB c562 SW R 12 Annual Water Utility Replacement Project E21JA =MWhase WT Revised 9/27/2022 Packet Pg. 90 PROJECT NUMBERS (By Engineering #) 8.4.b Project Title Elm St. Waterline Replacement 2022 Signal Upgrades 2022 Traffic Calming Program ■2 Guardrail Program _ 2022 Overlay Program 022 Waterline Overlay Program 2022 Sewerline Overlay Program k022 Stormwater Overlay Program Hwy 99 Revitalization Stage 3 (244th-238th) !wy 99 Revitalization Stage 4 (224th-220th) Engineering Project Numher E21JB E22AA Project Accounting Funding Number c561 WTR i070 STIR E22AB i071 STIR E22CA i063 STIR E22CC i065 STIR E22CD eTR E22CE i067 STIR SR-104 Adaptive System 236th-226th E22CG i069 STIR j?r022 Pedestrian Safety program Phase 4 Storm Utility Replacement Project E22FA c567 STM ro-wer Perrinville Creek Restoration a157 Phase 10 Sewerline Replacement Project E22GA c566 SWR hase 13 Waterline Replacement Project Yost & Seaview Reservoir Repairs and Upgrades E22JB m160 WTR e Policies Study E22NA s029 UTILITIES 2022 Utility Rate and GFC Study E22NB s030 UTILITIES Cn'^^ s032 2023 Public ROW ADA Transition Plan 023 Overlay Program 2023 Waterline Overlay Program IL023 Sewer Overlay Progra 2023 Stormwater Overlay Program -Creel.,Daylighting/E=nds Marsh Restoration Lake Ballinger Associated Projects ayton Street Stormwater Pump Station Lift Station #1 Basin & Flow Study Edmonds Fishing Pier Rehab Lake Ballinger Trunk Sewer Study Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) Five Corners Reservoir Re -coating `Standardketails Updates&. Hwy 99 Gateway Revitalization itywide Protected/Permissive Traffic Signal Conversion Minor Sidewalk Program E23AB s033 STIR E23CB i075 WTR E23CC E23CD i077 STM STM E4FD c436 STM E4GC c461 SWR E5GB s011 SWR E5J13 c482 WTR E51KA c473 WTR UTIL E6AA s014 STIR E6DD i017 STIR vi Y t,1 d s E 0 0 L. a a a Revised 9/27/2022 Packet Pg. 91 PROJECT NUMBERS (By Engineering #) Engineering Project Project Title Project Accounting Funding AI—k— AI..w.6..,.- ktormwater Comp Plan Update & Citywide CIPP Sewer Rehab Phase III ssing En OVD Slope Repair & Stabilization FIPDES (Students Saving Salmon 2019 Waterline Replacement 6raterfront Development & Restoration (Construction) Waterfront Development & Restoration (Design) `waterfront Development & Restoration (Pre - Design) 220th Adaptive Me W tIntersection Improvements 84th Ave W Overlay from 220th to 212th FDA Curb Ramps 2019 Storm Maintenance Project 1019 Sewerline Replacement Project 2019 Swedish Waterline Replacement E6FD s017 E6GB c488 SWR E7DC i026 INKM E7FA m105 STM E7FG m01 E7JA c498 WTR E7MA c496 PRK Y d z E8AB i028 STR E E8CC i031 STIR° i033 0 a E8FC c525 STM Q- a E8GA wR N N E8JA c523 WTR ti s020 UTILITIES 2019 Traffic Calming E9AA i038 STR Materline WTR Admiral Way Pedestrian Crossing E9DA i040 STR Ballinger Regional Facility Pre -Design STM PW Concrete Regrade & Drainage South E9MA c502 FAC Revised 9/27/2022 Packet Pg. 92 PROJECT NUMBERS (By Project Accounting #) 8.4.b Engineering Project Project Title Project Accounting Number Number Lower Perrinville Creek Restoration E22FB a157 Sunset Walkway Improvements E1 DA c354 76th Ave W at 212th St SW Intersection Improvements E1 CA c368 Willow Creek Daylighting/Edmonds Marsh Restoration E4FC c435 Lake Ballinger Associated Projects E4FD c436 Edmonds Fishing Pier Rehab E4MB c443 Dayton Street Stormwater Pump Station E4FE c455 Lift Station #1 Basin & Flow Study E4GC c461 Five Corners Reservoir Re -coating ESKA c473 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) ESJB c482 Citywide CIPP Sewer Rehab Phase III E6GB c488 Waterfront Development & Restoration (Design) E7MA c496 2019 Waterline Replacement E7JA c498 PW Concrete Regrade & Drainage South E9MA c502 2019 Sewerline Replacement Project EBGA c516 2019 Swedish Waterline Replacement EBJA c523 2019 Storm Maintenance Project EBFC c525 Civic Center Playfield (Design) EOMA c536 Waterfront Development & Restoration (Construction) E7MA c544 Seaview Park Infiltration Facility Phase 2 EOFA c546 Phase 2 Annual Storm Utility Replacement Project EOFB c547 Phase 8 Annual Sewer Replacement Project EOGA c548 Phase 11 Annual Water Utility Replacement Project EOJA c549 Civic Center Playfield (Construction) EOMA c551 Perrinville Creek Flow Reduction Improvements E20FC c552 Yost Park Infiltration Facility E21 FA c556 Phase 12 Annual Water Utility Replacement Project E21JA c558 Phase 9 Annual Sewer Replacement Project E21 GA c559 175th St. SW Slope Stabilization E21 FB c560 Elm St. Waterline Replacement E21JB c561 Sanitary Sewer and Stormwater Pipe Rating Services E21 GB c562 Phase 3 Storm Utility Replacement Project E21 FD c563 Edmonds Marsh Water Quality Project E21 FE c564 Phase 13 Waterline Replacement Project E22JA c565 Phase 10 Sewerline Replacement Project E22GA c566 Phase 4 Storm Utility Replacement Project E22FA c567 Citywide Protected/Permissive Traffic Signal Conversion E6AB i015 Funding STM STR STR STM STM FAC STM SWR WTR WTR SWR PRK WTR FAC SWR WTR STM PRK PRK STM STM SWR WTR PRK STM PRK WTR SWR STM WTR SWR STM STM WTR SWR STM STR ui U m U E U 0 0 L Q a Q Revised 9/27/2022 Packet Pg. 93 PROJECT NUMBERS (By Project Accounting #) 8.4.b Engineering Project Project Title Project Accounting Number Number Minor Sidewalk Program E6DD i017 Citywide Pedestrian Crossing Enhancements E7DC i026 220th Adaptive EBAB i028 76th Ave W & 220th St. SW Intersection Improvements EBCA i029 84th Ave W Overlay from 220th to 212th EBCC i031 ADA Curb Ramps EBDB i033 2019 Traffic Calming E9AA i038 Admiral Way Pedestrian Crossing E9DA i040 2020 Overlay Program EOCA i042 2019 Waterline Overlay E9CB i043 2020 Guardrail Installations EOAA i046 2020 Traffic Signal Upgrades EOAB i047 2020 Traffic Calming EOAC i048 2020 Pedestrian Safety Program EODB i049 Citywide Bicycle Improvements Project EODC i050 2021 Overlay Program E21 CA i051 76th Ave Overlay (196th St. to OVD) E20CB i052 2020 Waterline Overlay EOCC i053 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) E20CE i055 2021 Traffic Calming E21 AA i056 2021 Guardrail Installations E21 AB i057 Elm Way Walkway from 8th Ave to 9th Ave E21 DA i058 2021 Waterline Overlay Program E21 CB i059 2021 Sewer Overlay Program E21 CC i060 2021 Stormwater Overlay Program E21 CD i061 2021 Pedestrian Task Force E21 DB i061 2022 Overlay Program E22CA i063 2022 Waterline Overlay Program E22CB i064 2022 Sewerline Overlay Program E22CC i065 2022 Stormwater Overlay Program E22CD i066 Hwy 99 Revitalization Stage 3 (244th-238th) E22CE i067 Hwy 99 Revitalization Stage 4 (224th-220th) E22CF i068 SR-104 Adaptive System 236th-226th E22CG i069 2022 Signal Upgrades E22AA i070 2022 Traffic Calming Program E22AB i071 2022 Pedestrian Safety program E22DA i072 2022 Guardrail Program E22AC i073 Funding STR STR STR STR STR STR STR STR STR WTR STR STR STR STR STR STR STR STR STR STR STR STR WTR SWR STM STR STR STR STR STR STR STR STR STR STR STR STR ui U m U E U 0 0 L Q a Q Revised 9/27/2022 Packet Pg. 94 PROJECT NUMBERS (By Project Accounting #) 8.4.b Engineering Project Project Title Project Accounting Funding Number Number 2023 Overlay Program E23CA i074 STIR 2023 Waterline Overlay Program E23CB i075 WTR 2023 Sewer Overlay Program E23CC i076 SWR 2023 Stormwater Overlay Program E23CD i077 STM NPDES (Students Saving Salmon) E7FG m013 STM Waterfront Development & Restoration (Pre - Design) E7MA m103 PRK OVD Slope Repair & Stabilization E7FA m105 STM Yost & Seaview Reservoir Repairs and Upgrades E22JB m160 WTR Standard Details Updates ESNA solo UTILITIES Lake Ballinger Trunk Sewer Study ESGB sol l SWR Hwy 99 Gateway Revitalization E6AA s014 STR Stormwater Comp Plan Update E6FD s017 STM 2019 Utility Rate & GFC Update EBJB s02O UTILITIES Ballinger Regional Facility Pre -Design E9FA s022 STM 2020 Pedestrian Task Force EODA s024 STIR Official Street Map & Sidewalk Plan Update EONA s025 GF Yost & Seaview Reservoir Assessment EOJB s026 WTR Perrinville Creek Recovery Study E21 FC s028 STM Utility Funds reserve Policies Study E22NA s029 UTILITIES 2022 Utility Rate and GFC Study E22NB s03O UTILITIES 2023 Transportation Plan E23AA s032 STIR 2023 Public ROW ADA Transition Plan E23AB s033 STIR ui U m U E U 0 0 L Q Q Q Revised 9/27/2022 Packet Pg. 95 PROJECT NUMBERS (By Funding) 8.4.b Engineering Project Project Title Project Accounting Number Number Edmonds Fishing Pier Rehab E4MB c443 PW Concrete Regrade & Drainage South E9MA c502 Official Street Map & Sidewalk Plan Update EONA s025 Waterfront Development & Restoration (Design) E7MA c496 Civic Center Playfield (Design) EOMA c536 Waterfront Development & Restoration (Construction) E7MA c544 Civic Center Playfield (Construction) EOMA c551 Yost Park Infiltration Facility E21 FA c556 Waterfront Development & Restoration (Pre - Design) E7MA m103 Lower Perrinville Creek Restoration E22FB a157 Willow Creek Daylighting/Edmonds Marsh Restoration E4FC c435 Lake Ballinger Associated Projects E4FD c436 Dayton Street Stormwater Pump Station E4FE c455 2019 Storm Maintenance Project EBFC c525 Seaview Park Infiltration Facility Phase 2 EOFA c546 Phase 2 Annual Storm Utility Replacement Project EOFB c547 Perrinville Creek Flow Reduction Improvements E20FC c552 175th St. SW Slope Stabilization E21 FB c560 Phase 3 Storm Utility Replacement Project E21 FD c563 Edmonds Marsh Water Quality Project E21 FE c564 Phase 4 Storm Utility Replacement Project E22FA c567 2021 Stormwater Overlay Program E21 CD i061 2023 Stormwater Overlay Program E23CD i077 NPDES (Students Saving Salmon) E7FG m013 OVD Slope Repair & Stabilization E7FA m105 Stormwater Comp Plan Update E6FD s017 Ballinger Regional Facility Pre -Design E9FA s022 Perrinville Creek Recovery Study E21 FC s028 Sunset Walkway Improvements E1DA c354 76th Ave W at 212th St SW Intersection Improvements E1CA c368 Citywide Protected/Permissive Traffic Signal Conversion E6AB i015 Minor Sidewalk Program E6DD i017 Citywide Pedestrian Crossing Enhancements E7DC i026 76th Ave W & 220th St. SW Intersection Improvements EBCA i029 84th Ave W Overlay from 220th to 212th EBCC i031 ADA Curb Ramps EBDB i033 2019 Traffic Calming E9AA i038 Funding FAC FAC GF PRK PRK PRK PRK PRK PRK STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STR STR STR STR STR STR STR STR STR ui U m U E U 0 0 L Q Q Q Revised 9/27/2022 Packet Pg. 96 PROJECT NUMBERS (By Funding) 8.4.b Engineering Project Project Title Project Accounting Number Number Admiral Way Pedestrian Crossing E9DA i040 2020 Overlay Program EOCA i042 2020 Guardrail Installations EOAA i046 2020 Traffic Signal Upgrades EOAB i047 2020 Traffic Calming EOAC i048 2020 Pedestrian Safety Program EODB i049 Citywide Bicycle Improvements Project EODC i050 2021 Overlay Program E21 CA i051 76th Ave Overlay (196th St. to OVD) E20CB i052 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) E20CE i055 2021 Traffic Calming E21 AA i056 2021 Guardrail Installations E21 AB i057 Elm Way Walkway from 8th Ave to 9th Ave E21 DA i058 2021 Pedestrian Task Force E21 DB i061 2022 Overlay Program E22CA i063 2022 Waterline Overlay Program E22CB i064 2022 Sewerline Overlay Program E22CC i065 2022 Stormwater Overlay Program E22CD i066 Hwy 99 Revitalization Stage 3 (244th-238th) E22CE i067 Hwy 99 Revitalization Stage 4 (224th-220th) E22CF i068 SR-104 Adaptive System 236th-226th E22CG i069 2022 Signal Upgrades E22AA i070 2022 Traffic Calming Program E22AB i071 2022 Pedestrian Safety program E22DA i072 2022 Guardrail Program E22AC i073 2023 Overlay Program E23CA i074 Hwy 99 Gateway Revitalization E6AA s014 2020 Pedestrian Task Force EODA s024 2023 Transportation Plan E23AA s032 2023 Public ROW ADA Transition Plan E23AB s033 220th Adaptive EBAB i028 2020 Waterline Overlay EOCC i053 Lift Station #1 Basin & Flow Study E4GC c461 Citywide CIPP Sewer Rehab Phase III E6GB c488 2019 Sewerline Replacement Project EBGA c516 Phase 8 Annual Sewer Replacement Project EOGA c548 Phase 9 Annual Sewer Replacement Project E21 GA c559 Funding STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR SWR SWR SWR SWR SWR ui U m t U E U 0 0 L Q a Q Revised 9/27/2022 Packet Pg. 97 PROJECT NUMBERS (By Funding) 8.4.b Engineering Project Project Title Project Accounting Funding Number Number Sanitary Sewer and Stormwater Pipe Rating Services E21 GB c562 SWR Phase 10 Sewerline Replacement Project E22GA c566 SWR 2021 Sewer Overlay Program E21CC i06O SWR 2023 Sewer Overlay Program E23CC i076 SWR Lake Ballinger Trunk Sewer Study ESGB s0l l SWR Standard Details Updates ESNA solo UTILITIES 2019 Utility Rate & GFC Update EBJB s02O UTILITIES Utility Funds reserve Policies Study E22NA s029 UTILITIES 2022 Utility Rate and GFC Study E22NB s03O UTILITIES Five Corners Reservoir Re -coating ESKA c473 WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) ESJB c482 WTR 2019 Waterline Replacement E7JA c498 WTR 2019 Swedish Waterline Replacement EBJA c523 WTR Phase 11 Annual Water Utility Replacement Project EOJA c549 WTR Phase 12 Annual Water Utility Replacement Project E21JA c558 WTR Elm St. Waterline Replacement E21JB c561 WTR Phase 13 Waterline Replacement Project E22JA c565 WTR 2019 Waterline Overlay E9CB i043 WTR 2021 Waterline Overlay Program E21CB i059 WTR 2023 Waterline Overlay Program E23CB i075 WTR Yost & Seaview Reservoir Repairs and Upgrades E22JB m160 WTR Yost & Seaview Reservoir Assessment EOJB s026 WTR ui U m U E U 4- 0 0 L Q Q Q Revised 9/27/2022 Packet Pg. 98 8.5 City Council Agenda Item Meeting Date: 11/22/2022 EPOA Commissioned MOU Wage Reopener & Commanders Staff Lead: {Type Name of Staff Lead} Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History The EPOA Commissioned collective bargaining agreement is currently settled through December 31, 2023. Certain current national, social, and economic conditions have created challenges for the Edmonds Police Department to maintain appropriate staffing levels. These economic challenges, such as the rate of inflation, as well as the implementation of changes in technology, have had an impact on employees' working conditions. Additionally, the City has proposed the addition of Commander positions. These positions will be non -represented but will assume some of the work that is currently Guild work. Addition of 3 Commander positions will result in the elimination of 2 represented Sergeant positions. Due to this, both the Guild and the City agreed to reopen the contract to address wages in 2022 and 2023. Staff Recommendation Approve the attached MOU providing additional wage adjustments for 2022 and 2023. Narrative The attached MOU has been agreed to by the EPOA Commissioned bargaining unit and has been settled within the authority provided by Council. Attachments: Final EPOA MOU - Wage Adjustment and Commander Positions (Clean) Packet Pg. 99 8.5.a MEMORANDUM OF UNDERSTANDING Amended to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and EDMONDS POLICE OFFICERS' ASSOCIATION REPRESENTING THE LAW ENFORCEMENT COMMISSIONED EMPLOYEES January 1, 2020 through December 31, 2023 THIS MEMORANDUM OF UNDERSTANDING (MOU) is supplemental to the AGREEMENT by and between the City of Edmonds (City) and the Edmonds Police Officers' Association (EPOA), representing the Law Enforcement Commissioned Employees. WHEREAS, the parties have ratified a Law Enforcement Commissioned Employees Collective Bargaining Agreement (CBA) effective January 1, 2020 through December 31, 2023; and WHEREAS, the parties agree that certain current national social and economic conditions have created challenges for the Edmonds Police Department's ability to maintain a full staff of law enforcement commissioned employees; and WHEREAS, the parties have reopened the CBA on the subject of wages to address these challenges; and WHEREAS, the parties agree that there is a demonstrated need for additional command staff positions to ensure appropriate chain of command oversight of employees, and the City has requested additional Patrol Officer positions in the 2023 budget, which will benefit both the Police Department and the citizens of the City of Edmonds; and WHEREAS, the parties have agreed to the creation of three (3) Commander positions and the elimination of two (2) Sergeant positions; and Packet Pg. 100 8.5.a WHEREAS, the parties agree that the economic challenges, including the current rate of inflation, as well as the Edmonds Police Department's implementation of changes in technology, have impacted employees' working conditions; and WHEREAS, the elimination of the Sergeant positions impacts employees by removing work previously performed by Law Enforcement Commissioned Employees; and WHEREAS, to address all of the above -described economic impacts and impacts on working conditions, the City has agreed to provide each Law Enforcement Commissioned Employee with a one-time lump sum payment and wage adjustments in the form of percentage increases in the negotiated wages currently set forth in the CBA; and WHEREAS, Appendix A of the CBA addresses the compensation due to employees, and it is the intention of the parties, through this MOU, to provide for the lump sum payment and wage adjustments; NOW THEREFORE, the City and the EPOA agree as follows: 1. To address the above -described economic impacts and impacts on working conditions, the City will provide all Law Enforcement Commissioned Employees who are employed by the City at the time this MOU is executed: (a) a one-time lump sum payment equal to two and one-half percent (2.5%) of their negotiated 2022 base wage paid for each hour paid for a period of five (5) months (the calculation period being from July 1, 2022 to November 30, 2022); (b) an increase in their negotiated 2022 base wage of two and one-half percent (2.5%) beginning on December 1, 2022; and (c) an increase in their negotiated 2023 base wage, which will be increased by the above wage adjustment, of two and one-half percent (2.5%) beginning on January 1, 2023. This increase is in addition to the previously negotiated two and one-half percent (2.5%) for 2023. 2. The City will make the lump sum payment no later than two (2) pay periods following the effective date of this MOU in a separate payroll check that is subject to all payroll deductions. The wage adjustments address the parties' wage concerns and are a full and final agreement on the wage reopener. The parties agree that the wage reopener does not set a precedent for future CBA reopeners. Packet Pg. 101 8.5.a 3. Three (3) Commander positions are hereby created and two (2) Sergeant positions (Administrative Sergeant and Professional Standards Sergeant) are hereby eliminated. No current Sergeant will lose rank due to the creation of the Commander positions. At the time of filling the Commander positions, interested internal Edmonds Police Department candidates who are eligible and meet the criteria for the position will be promoted into these positions. Only if there are an insufficient number of such candidates will any Commander position be filled externally. Any Sergeant promoted to Commander who fails to pass probation for that position will be allowed to return to their previously held position in the bargaining unit. If one or more Commander positions are eliminated, any Sergeant promoted into that position will be allowed to return to their previously held position in the bargaining unit. An employee who has left the bargaining unit for a Commander position shall not accrue bargaining unit seniority or rank seniority as a Commander. If a former employee returns to the bargaining unit from a Commander position they shall only be entitled to the seniority they held when they left the bargaining unit and the seniority they held when they left the rank of sergeant. Any external candidate selected for the Commander position shall have no right to revert to any position in the bargaining unit. The EPD Command Staff will request a Special Operations Sergeant position as part of the budget process in 2023. 4. This MOU is intended to clarify the intent of the parties with regard to the above referenced payments and changes to employment positions and, except as stated herein, does not alter any other terms of the CBA, which will remain in full force and effect. 9Z9]0I:WIV CITY OF EDMONDS day of November 2022. Mike Nelson, Mayor EDMONDS POLICE OFFICERS ASSOC. Representing the Law Enforcement Commissioned Employees Ross Sutton, EPOA President Packet Pg. 102 8.6 City Council Agenda Item Meeting Date: 11/22/2022 EPOA Law Support MOU Wage Reopener Staff Lead: {Type Name of Staff Lead} Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History The EPOA Law Support collective bargaining agreement is currently settled through December 31, 2022. Certain current national, social, and economic conditions have created challenges for the Edmonds Police Department to maintain appropriate staffing levels. These economic challenges, such as the rate of inflation, as well as the implementation of changes in technology, have had an impact on employees' working conditions. Due to this, both the Guild and the City agreed to reopen the contract to address wages in 2022. Staff Recommendation Approve the attached MOU providing additional wage adjustments for 2022. Narrative The attached MOU has been agreed to by the EPOA Law Support bargaining unit and has been settled within the authority provided by Council. Attachments: Final Law Support MOU - Wage Adjustment (Clean) Packet Pg. 103 8.6.a MEMORANDUM OF UNDERSTANDING Amended to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and EDMONDS POLICE OFFICERS' ASSOCIATION REPRESENTING THE LAW ENFORCEMENT SUPPORT SERVICE EMPLOYEES January 1, 2020 through December 31, 2022 THIS MEMORANDUM OF UNDERSTANDING (MOU) is supplemental to the AGREEMENT by and between the City of Edmonds (City) and the Edmonds Police Officers' Association (EPOA), representing the Law Enforcement Support Service Employees. WHEREAS, the parties have ratified a Law Enforcement Support Service Employees Collective Bargaining Agreement (CBA) effective January 1, 2020 through December 31, 2022; and WHEREAS, the parties agree that certain current national social and economic conditions have created challenges for the Edmonds Police Department's ability to maintain appropriate staffing levels; and WHEREAS, the parties agree that the economic challenges, including the current rate of inflation, as well as the Edmonds Police Department's implementation of changes in technology, have had an impact on employees' working conditions; and WHEREAS, the parties recognize that they have begun bargaining for a successor agreement at this time; however, given the impact of the current rate of inflation, the parties have reopened the CBA on the subject of wages to address these challenges; and WHEREAS, to address the above -described economic impacts and impacts on working conditions, the City has agreed to provide to each Law Enforcement Support Service Employee a one-time lump sum payment and a wage adjustment in the form of a percentage increase in the negotiated wages currently set forth in the CBA; and Packet Pg. 104 8.6.a WHEREAS, Appendix A of the CBA addresses the compensation due to employees, and it is the intention of the parties, through this MOU, to provide for this lump sum payment and wage adjustment; NOW THEREFORE, the City and the EPOA agree as follows: 1. To address the above -described economic impacts and the impacts on working conditions, the City will provide all Law Enforcement Support Service Employees who are employed by the City at the time this MOU is executed: (a) a one-time lump sum payment equal to two and one-half percent (2.5%) of their negotiated 2022 base wage paid for each hour paid for a period of five (5) months (the calculation period being from July 1, 2022 to November 30, 2022); and (b) an increase in their negotiated 2022 base wage of two and one-half percent (2.5%) beginning on December 1, 2022. 2. The City will make the lump sum payment no later than two (2) pay periods following the effective date of this MOU in a separate payroll check that is subject to all payroll deductions. The wage adjustment addresses the parties' wage concerns and are a full and final agreement on the wage reopener. The parties agree that the wage reopener does not set a precedent for future CBA reopeners. 3. This MOU is intended to clarify the intent of the parties with regard to the above referenced payments and, except as stated herein, does not alter any other terms of the CBA, which will remain in full force and effect. DONE this CITY OF EDMONDS day of November 2022. Mike Nelson, Mayor EDMONDS POLICE OFFICERS ASSOC. Representing the Law Support Services Employees Ross Sutton, EPOA President Packet Pg. 105 8.7 City Council Agenda Item Meeting Date: 11/22/2022 Edmonds Employee Association, Local 3517 (AFSCME Council 2) 2022-2024 collective bargaining agreement Staff Lead: Human Resources Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History As required by law, the City has engaged in negotiations with the Edmonds Employee Association, Local 3517 (AFSCME Council 2) Union regarding the collective bargaining agreement that expired on 12/31/2021. The City and the Union have reached an agreement to settle the contract for the period of 1/1/2022 - 12/31/2024. All contract terms were settled within the authority previously provided by Council to the City's HR Director. Staff Recommendation Approve the Collective Bargaining Agreement with the Edmonds Employee Association, Local 3517 (AFSCME Council 2) on consent Narrative A copy of the proposed collective bargaining agreement (CBA) for 1/1/2022 - 12/31/2024 between the City of Edmonds and the Edmonds Employee Association, Local 3517 (AFSCME Council 2) is attached. A summary of all changes in the CBA is also attached. Attachments: Final 2022-2024 EEA-AFSCME CBA (clean) Summary of changes 2022-2024 AFSCME CBA Packet Pg. 106 8.7.a AGREEMENT BETWEEN CITY OF EDMONDS, WASHINGTON AND EDMONDS EMPLOYEE ASSOCIATION, LOCAL 3517 (AFSCME COUNCIL 2) January 1, 2022, through December 31, 2024 Packet Pg. 107 8.7.a AGREEMENT BETWEEN CITY OF EDMONDS, WASHINGTON AND EDMONDS EMPLOYEE ASSOCIATION, LOCAL 3517 (AFSCME COUNCIL 2) January 1, 2022, through December 31, 2024 ARTICLE SUBJECT PAGE ARTICLE I RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION 3 ARTICLE II HOURS OF WORK 4 ARTICLE III OVERTIME 5 ARTICLE IV POSITION CLASSIFICATIONS, RATES OF PAY AND 5 NON-DISCRIMINATION ARTICLE V HOLIDAYS 7 ARTICLE VI VACATION 8 ARTICLE VII LEAVES WITH PAY 9 ARTICLE VIII OTHER LEAVES OF ABSENCE 12 ARTICLE IX HEALTH AND WELFARE 13 ARTICLE X JOB SHARE 15 ARTICLE XI EVALUATION 16 ARTICLE XII CHANGE IN STATUS 16 ARTICLE XIII SUSPENSION AND DISCHARGE 19 ARTICLE XIV UNION RIGHTS 20 ARTICLE XV RIGHTS OF MANAGEMENT 20 ARTICLE XVI WORK STOPPAGE 21 ARTICLE XVII MISCELLANEOUS 21 ARTICLE XVIII GRIEVANCE PROCEDURE 22 ARTICLE XIX ENTIRE AGREEMENT 25 ARTICLE XX SAVINGS CLAUSE 25 ARTICLE XXI TERM OF AGREEMENT 25 APPENDIX "A" 26 2 Packet Pg. 108 8.7.a AGREEMENT BETWEEN CITY OF EDMONDS, WASHINGTON AND EDMONDS EMPLOYEE ASSOCIATION, LOCAL 3517 (AFSCME COUNCIL 2) January 1, 2022 through December 31, 2024 THIS AGREEMENT is between the CITY OF EDMONDS, WASHINGTON (hereinafter called the City or the Employer) and the EDMONDS EMPLOYEE ASSOCIATION, LOCAL 3517 (AFSCME COUNCIL 2) (hereinafter called the Union) for the purpose of setting forth the agreement between the parties re: wages, hours, and conditions of employment of those employees for whom the City has recognized the Union as the exclusive collective bargaining representative. Article I - Recognition, Union Membership and Payroll Deduction 1.1 Recognition. The City recognizes the Union as the exclusive bargaining agent for the following described employees as certified by the Public Employment Relations Commission in case number 3259-E-81-030, and the City agrees that the Union shall be said employees' representative for the management of this Agreement: INCLUDED: All regular full- and part-time clerical, professional and technical employees regularly scheduled for twenty (20) or more hours per week as listed by position in Appendix "A". Note: The list of Job Titles in Section A.3 in no way limits the number of job titles which may be included within the bargaining unit. EXCLUDED: All positions contained in other bargaining units, including public works shop and field laborers, custodial and service positions and parks maintenance laborers; Police Department; Executive Assistant; Council Executive Assistant; Office Administrators; Human Resources Department; City Clerk; supervisory, professional, and management; and confidential employees as described under the Act; temporary or interim -funded positions. 1.2 Union Membership. The Union agrees to represent all employees in the bargaining unit regardless of membership or non -membership status. 1.3 Payroll Deduction. The City agrees to deduct monthly Union dues uniformly levied against Union members who have authorized such deductions in writing in accordance with applicable law, and to transfer such amounts to the Union. Written authorization for payroll deduction is valid whether executed in hard copy or electronically. The City shall provide an electronic copy of any written authorization for payroll deduction to the Union via email within ten (10) days of the employee executing such authorization. The City also agrees to deduct from the paycheck of those employees that have submitted written authorization contributions to P.E.O.P.L.E. and transmit same to the Union. No deduction shall be made which is prohibited by applicable law. The Union will indemnify, defend and hold the City harmless against any claims made and against any suit instituted against the City which may arise by reason of any action taken by the Employer to comply with the provisions of this Article, including reimbursement for any 3 Packet Pg. 109 8.7.a legal fees or expenses incurred in connection with such action. The Employer will promptly notify the Union in writing of any claim, demand, suit or other form of liability asserted against it relating to its implementation of this Article. If requested by the Union in writing, the Employer will surrender any such claim, demand, suit or other form of liability to the Union for defense and resolution. The Union agrees to refund to the City any amounts paid to it in error upon presentation of proper evidence thereof. The Employer shall honor the terms and conditions of each employee's authorization for payroll deduction. Whether an employee is a union member or not, the Employer shall continue to deduct and remit Union dues and fees to the Union until such time as the Union notifies the Employer that the dues authorization has been properly terminated in compliance with the payroll deduction authorization executed by the employee. Every effort will be made to end the deduction effective on the first payroll, but not later than the second payroll of the Employer's receipt of the Employee's written notice. 1.4 Pertinent Information. The Union will be provided with pertinent information regarding new vacancies, new appointments, or termination in positions within the bargaining unit. Pertinent information includes position titles, descriptions, salary ranges, and dates of appointments or terminations of employees within the bargaining unit. 1.5 New Employee Orientation. A Union official shall, at no loss of pay, be granted up to thirty (30) minutes to provide the new employee a basic overview of the employee's rights and responsibilities regarding Union membership, dues authorizations, and Union insurance. Article II - Hours of Work 2.1 Standard Work Week. The standard work week shall be five (5) consecutive workdays of eight (8) hours each or four (4) consecutive workdays of ten (10) hours each. The standard work week shall be forty (40) hours per week and shall normally be scheduled Monday through Friday. The working hours of each day shall be normally between 7:00 a.m. and 6:00 p.m. with the exception of employees in the Parks and Recreation Department whose working hours may be adjusted to include up to two (2) evenings per week for each employee. In any event, the total hours worked shall not exceed forty (40) hours per week unless overtime is paid, or compensatory time is earned. Other schedules may be established by mutual agreement of the employee and City. Rates of pay for work other than during the standard workweek shall be as provided in Article III - Overtime. It is further recognized that 9/80 schedules may not be feasible for every department and must be approved by the department head. 2.2 Schedule Change. Normally, at least seven (7) calendar days advance notice shall be given the employee prior to the commencement of a schedule change, except in the case where emergency operations cannot be anticipated. 2.3 Lunch and Breaks. A lunch period of between one half (1/2) hour and one (1) hour for each employee shall be scheduled approximately midway through the workday. Each employee shall receive a 15-minute paid relief period approximately midway of both the morning and the afternoon shift. Lunch shall be considered the employees' own time and may normally be taken away from the City's premises. 4 Packet Pg. 110 8.7.a 2.4 Flexible Hours. If scheduled at least seven (7) calendar days in advance, the hours of employees may be adjusted to include evening hours, provided the employee is given the option to adjust their hours for any one (1) day of the work week so that the total hours worked is not in excess of forty (40) hours, subject to Section 2.1. If the employee is not given seven (7) calendar days' notice, all time worked after six p.m. shall be compensated at the overtime rate or by time and one-half compensatory time. 2.5 Shift Differential. Notwithstanding the provisions of Section 2.1 ("Standard Work Week"), the standard work week for the position of Senior Office Specialist in Parks and Recreation may be established to five (5) consecutive days, Monday through Friday, from 12:00 p.m. until 9:00 p.m. and shall be compensated five percent (5%) per hour in addition to their regular hourly rate of pay for all hours worked after 5 p.m. Article III - Overtime 3.1 General. Overtime cash payment or compensatory time off by mutual agreement between the City and the employee, at one and one-half (1-1/2) times the overtime worked, at the regular hourly rate of the employee's salary, shall be earned for time worked beyond the 40 hour work week established by 2.1. A minimum of one -quarter (1/4) hour's overtime payment or compensatory time off shall be earned when required to work beyond the scheduled work week. After the first one -quarter (1/4) hour, each one -quarter (1/4) hour or major portion thereof shall be compensated. Overtime shall be recognized only upon prior approval of the employee's supervisor or department head. 3.2 Callback. A minimum of three (3) hours at one and one-half (1-1/2) times the employee's regular hourly rate shall be earned for callbacks. Time worked beyond the minimum shall be compensated at one and one-half (1-1/2) times the actual time worked in one -quarter (1/4) hour increments for each one -quarter (1/4) hour or major portion thereof. 3.3 Compensatory Time. Employees shall have the right to convert compensatory time off to an overtime cash payment by making a written request on the employee's timesheet. Compensatory time may be taken with the approval of the supervisor or at the direction of the supervisor, provided the employee is given ten (10) working days' notice. Article IV - Position Classifications, Rates of Pay and Non -Discrimination 4.1 Position Classifications and Pay Grades. The classifications of positions covered by this Agreement and the corresponding rates of pay shall be as set forth in Appendix "A" which is attached hereto and made a part of this Agreement. These rates of pay shall be regarded as contractual minimum rates. Throughout this agreement, any increase in pay of at least a five percent (5%) will be based on rounding the employee's increase to the nearest whole percentage (i.e., 4.99% = 5.00%). 5 Packet Pg. 111 8.7.a 4.2 Working Out of Classification. An employee assigned by a supervisor, in writing, or has in the course of regular duties to have assumed all the duties of a higher classification for a period of four (4) or more consecutive working days, or performs said duties in a greater than'/2 FTE (full time equivalent) basis for more than one pay period, shall during the period of that assignment be placed at the step on the wage scale of the higher classification that provides an increase over the employee's regular rate of pay of at least five percent (5%). This shall include work out of classification to cover for another employee's scheduled vacation. Seniority shall be a consideration when assigning employees to work out of classification. Should the Deputy City Clerk or the Lead Court Clerk be assigned to work out of classification for their Supervisor or Manager (a non -bargaining unit position) for the City for a period of at least four (4) consecutive working days and up to nine (9) consecutive working days, the Deputy City Clerk or Lead Court Clerk position will be paid an additional ten percent (10%) increase over their regular rate of pay for the period of time that the Deputy City Clerk or Lead Court Clerk position is working out of classification as the City Clerk or Court Administrator. 4.3 No Pyramiding. Notwithstanding any other provision of this Agreement, premium or overtime pay shall not be duplicated or pyramided. In no case shall premium or overtime pay be based on other than the employee's regular straight time rate of pay to the extent permitted by FLSA. 4.4 Job Descriptions. The duties, responsibilities, and qualifications of positions shall be contained in Job Descriptions of the Classification Plan. Copies of said descriptions and revisions thereto shall be provided to the Union and the affected employee(s). The creation and revision of job descriptions shall be a management prerogative. However, an employee may request a review of their job description. The Human Resources Director shall confer with the supervisor and the affected employee(s) to review the recommendations and suggestions. The Human Resources Director shall record the summary of reasons for revising or not revising the job description and provide a copy to the requesting employee within sixty (60) days of the request. Provided, the review shall not be subject to appeal through the grievance procedure. 4.5 New Job Classifications. Should it become necessary to establish anew job classification within the bargaining unit during the term of this Agreement, the City may designate a job classification title and salary for the classification. The salary for any new classification within the bargaining unit shall become subject to negotiation at such time as the salaries for the subsequent contract year are negotiated or take effect. 4.6 Non -Discrimination. The City and the Union agree those statutory requirements and obligations concerning equal employment opportunities, affirmative action, and all other applicable anti -discrimination state and federal laws and regulations shall be adhered to. Complaints of discrimination under this section shall be subject to the grievance procedure but shall not be subject to arbitration. No employee shall be discriminated against, and their employment security will not be threatened, for upholding the provisions of this Agreement or seeking the enforcement of their right to nondiscrimination through an appropriate government agency. 6 Packet Pg. 112 8.7.a Article V - Holidays 5.1 Designation of Holidays. The following shall be considered paid holidays for full-time employees. Part-time employees regularly working twenty (20) hours per week or more shall receive prorated compensation for the following holidays, based on their regularly scheduled hours. New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Juneteenth Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day Day before Christmas Day Christmas Day January 1 Third Monday of January Third Monday of February Last Monday in May June 19 July 4 First Monday of September November 11 Fourth Thursday of November December 24 December 25 A floating holiday will be given to each full-time employee (pro -rated for part-time regular employees) after six consecutive months of employment. The floating holiday shall not be carried over into the next calendar year. In the event of termination before June 30, an employee who has completed six (6) months of employment shall be paid for one-half of that year's floating holiday, if unused. If termination is after June 30, an employee who has completed six (6) months of employment shall be given full payment for the floating holiday, if unused. If Christmas Day or the day before Christmas falls on a weekend day, an alternative workday will be selected provided the employee gets four consecutive days off. Holiday time shall be considered time worked when computing overtime. If a holiday falls on a Saturday, the preceding Friday will be observed as the holiday. If a holiday falls on a Sunday, Monday will be observed as the holiday. 5.2 Holiday Pay. Eligible full-time employees will receive eight (8) hours of pay at their straight -time rate for each holiday; provided, that if an employee has been assigned to an alternative work schedule that is required by the Employer, rather than requested by the employee, the employee will be paid for all hours scheduled on the holiday. In the event an employee's supervisor requires the employee to use vacation time to cover hours above eight (8) hours on a holiday, instead of allowing the employee to make up the time within the pay period by flexing their normal work schedule, the employee will be considered to be on an alternative work schedule required by the Employer, and will be entitled to holiday pay for all hours scheduled on the holiday. Packet Pg. 113 8.7.a If an employee is allowed to flex their schedule to make up the holiday time, any hours worked outside of the regular work schedule will not fall under the overtime provisions of this contract. Part-time employees will receive holiday pay on a prorated basis. Employees are eligible for holiday pay if they are in paid status on the regular business day preceding the holiday. Employees whose employment is terminated immediately prior to a holiday are not entitled to holiday pay. Employees who are not assigned to an alternative work schedule that is required by the Employer, and are scheduled to work more than eight (8) hours on a day observed as a holiday may use vacation leave, compensatory time, or leave without pay to make up the difference between the employee's scheduled shift and the eight (8) hours of holiday pay. An employee assigned to work on any holiday shall be compensated at the overtime rate of pay in addition to the holiday pay, with a minimum guarantee of four (4) hours pay. 5.3 Four Day Per Week Employees. When a holiday falls on a four -day per week, or 9/80, employee's scheduled day off, an extra day of holiday with pay will be granted in lieu thereof. Article VI - Vacation 6.1 General. Employees covered by this Agreement shall accrue vacation leave with pay depending on the length of continuous service with the City. Part-time employees regularly working twenty (20) hours or more per week shall accrue vacation leave on a prorated basis. 6.2 Accrual. Full-time employees shall accrue the following amount of vacation time with pay, depending on the length of continuous service with the City: YEARS OF EMPLOYMENT VACATION MAXIMUMALLOWED VACATIONACCR UAL First 6 months 48 hours -- Second six months 40 hours Additional -- I through 4 years 88 hours 176 5 through 9 years 128 hours 256 10 through 14 years 168 hours 336 15 through 19 years 176 hours 352 20 through 24 years 192 hours 384 25 years thereafter 208 hours 416 Employees shall not use vacation leave before completing six (6) months of continuous service. Employees who have reached maximum vacation accrual (24 months of accrual) will not accrue additional vacation until they have reduced their accrued balance. 6.3 Computation. Only those days on which the employee would normally be required to work shall be counted in computing the vacation period to which the employee is entitled. When a holiday falls within an employee's vacation period, the holiday will not be counted as a day of vacation. Vacation pay is computed on the straight time base rate in effect at the time vacation is taken. Packet Pg. 114 8.7.a 6.4 Scheduling Employees shall submit vacation requests prior to March 1. Upon receipt of same, the City shall develop a schedule of vacations, which shall be posted on or before April 1. In the event more employees than can be scheduled request the same dates and the conflict cannot be resolved by mutual agreement among the requesting employees, the requests of the most senior employees will prevail. All vacation requests made after March 1 shall be granted where possible. Employees will be required to take vacation during a period that will be determined by departmental workload and their Supervisor. Changes in the posted vacation schedule shall be made only as necessary to meet the demands of the workload. 6.5 Accrual During Compensated Leave. Employees who are on compensated leave (vacation, sick, shared leave or any other approved paid leave) shall continue to accrue vacation leave at the regularly prescribed rate during such absence. 6.6 Compensation Upon Termination/Death. Upon termination of an employee, any accumulated vacation shall be paid off. Upon the death of an employee in active service, such payment will be made to the beneficiary of the deceased employee. Article VII - Leaves with Pay 7.1 Sick Leave. 7.1.1 Accrual. Sick leave with pay shall accrue at the rate of eight hours for each full calendar month of the full-time employee's service; provided that once an employee accrues 1,000 sick leave hours, the accrual rate will be one (1) hour of sick leave accrued for every 40 hours worked each calendar year, with a maximum amount of 1,040 hours of sick leave to be carried over each year. If an employee's total accrual drops below one thousand (1,000) hours, the standard accrual rate per their percentage of full-time employee status will continue until the employee again reaches one thousand (1,000) hours. Part-time employees regularly working twenty (20) hours per week or more shall receive prorated sick leave. 7.1.2 Definition of Sick Leave. An employee eligible for sick leave with pay shall be granted such leave for any reason allowed by law, and for periods of fifteen (15) minutes or more: a. The employee's own illness, injury or disability (including disability due to pregnancy or childbirth); an absence resulting from an employee's mental or physical illness, injury or health condition; to accommodate the employee's need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or an employee's need for preventive medical care; b. The need to care for a family member with a mental or physical illness injury or health condition; to care for a family member who needs medical diagnosis, care or treatment of a mental or physical illness; or to care for a family member who needs preventive medical care; c. When the employee's workplace has been closed by order of a public official for any health -related reason, or when an employee's child's school or place of care has been 9 Packet Pg. 115 8.7.a closed for such a reason. The need to care for the employee's immediate family as defined in article 7.2 with a serious health condition or emergency condition; For absences that qualify for leave under the domestic violence leave act, chapter 49.76 RCW; scheduled medical or dental appointments for the employee or a dependent child, provided that the employee receives advance approval from the Department head or designee; and further provided that employees must make reasonable efforts to schedule such appointments at times when they will not interfere with the scheduled work days; For purposes of this Section, "family member" means a child, including a biological, adopted or foster child, step -child, or a child to whom the employee stands in loco parentis, is a legal guardian or is a de facto parent, regardless of age or dependency status; a biological, adoptive, de facto or foster parent, step-parent or legal guardian of an employee or the employee's spouse or registered domestic partner or a person who stood in loco parentis when the employee was a minor child; a spouse; a registered domestic partner; a grandparent; a grandchild; a sibling; or an individual who either regularly resides in the employee's home or where the relationship with the employee creates an expectation that the employee will care for the individual, and that individual depends on the employee for care. At their election, employees may use other accrued paid leave in place of or in addition to sick leave for any of the purposes described above. The certificate of a physician and/or written report concerning the need for the sick leave may be required by the Employer for absences exceeding three (3) days, and if required, shall be supplied by the employee in order to qualify for sick leave with pay. The Employer's requirements for verification may not result in an unreasonable burden or expense on the employee and may not exceed privacy or verification requirements otherwise established by law. 7.1.3 Pay Out Upon Termination. Upon honorable termination, accrued but unused sick leave up to a maximum of eight hundred (800) hours shall be paid according to the following percentage of the rate of pay in effect immediately prior to termination: a. Employee payout on separation. 1. Voluntary quit 2. Layoff 3. Service Retirement (PERS) 25% 50% 50% b. Employee payout on retirement. In addition to the above payments, an employee with accrued sick leave over the 800-hour maximum shall be entitled to receive up to 100 hours of payout on the condition that the employee is eligible and applies for retirement through the PERS system. Payment to be processed in conjunction with application. 10 Packet Pg. 116 8.7.a Payment shall be on a one-to-one hour basis for accrued sick leave hours in the employee's bank between 800 and 900 hours. Union members, as a group (provided that every bargaining unit member agrees to such decision), may vote to have this payment made to their existing City HRANEBA account instead of in the form of a cash payment. In the event of death of the employee, payment for all unused sick leave (100% of accrued sick leave) shall be made to the surviving spouse or to their estate if there is no spouse, at the deceased employee's regular straight -time hourly rate of pay. 7.1.4 Worker's Compensation Offset. If an employee is simultaneously entitled to Worker's Compensation benefits and sick leave, the employee may decline the Worker's Compensation offset of sick leave usage by giving written notification to their supervisor within three (3) calendar days of the filing of the disability claim. Employees who are using the Worker's Compensation offset must turn over to the City Human Resources Department all compensation received from the Department of Labor and Industries, which will be used to restore a proportionate amount of sick leave used during the absence. Employees, who exhaust their accrued sick leave or elect not to use the Worker's Compensation offset, may be placed on leave without pay for a maximum of six (6) months provided the employee is able to return to work. 7.1.5 Sick Leave Conversion. Regular full-time employees with more than eight hundred (800) hours of accrued sick leave may convert, on an annual basis, up to twenty-four (24) hours of sick leave to vacation leave at the rate of 3 to 1. Employees electing to convert sick leave to vacation leave must notify Human Resources by November 1 and specify the number of hours to be converted, not to exceed 24. Human Resources will confirm the employee has at least 800 hours in their sick leave bank and will process the conversion to be effective the second pay period in January. 7.2 Bereavement Leave. Regular full-time employees may receive up to three (3) days bereavement leave with pay in the event of a death in their immediate family. "Immediate family" means spouse, son, daughter, mother, father, brother, sister, mother-in-law, father-in-law, brother- in-law, sister-in-law, grandparents, grandchildren, and step -relations. Spouse shall mean an individual who is married to a City employee under the laws of the State of Washington, or who is in a domestic partnership which is registered with or recognized by the State of Washington in accord with the provisions of Chapter 43.07 RCW. Immediate family also refers to the spouse's relatives the same as designated for employee. Additional leave may be granted subject to approval of the Department Director and shall be charged against accumulated sick leave. 7.3 Jury Duty Leave. While on jury duty the employee shall receive their base pay, longevity, and other premiums required by collective bargaining agreement not including overtime, from the City. The employee must turn over to the City all additional compensation received for jury duty not to include mileage reimbursement. 11 Packet Pg. 117 8.7.a 7.4 Reserve Duty Leave. An employee who is a member of a State National Guard or Federal Reserve Military Unit shall be entitled to be absent from their duties with the City in accordance with state and federal statutes. 7.5 Wellness Day. Between January 1 and December 1 of each year, employees who provide sufficient evidence to the Human Resources Department that they have completed the requirements of the annual AWC Well City incentive will receive one (1) Wellness Day off. The day off shall be added as a floating holiday for the following year and must be used in compliance with the floating holiday provisions of Section 5.1, above. The utilization of the Wellness Day shall not be unreasonably denied by the Employer. Article VIII - Other Leaves of Absence 8.1 Family and Medical Leave (FML) Eligible employees are entitled to the full benefit and protection of the State and Federal Family Medical Leave (FML) and Pregnancy Disability laws. In addition to the legal requirements, the following provisions and benefits shall apply. 1) Employees are required to use accrued sick leave during any state or federal FML or pregnancy disability leave, provided the use of such leave qualifies under Section 7.1.2 herein. 2) Employees may use accrued vacation during any state and or federal FML or pregnancy disability leave, but shall not be required to do so. 3) The City is required to continue the employee's health benefits for the duration of the federal FML at the same level and under the same conditions as if the employee had been continuously employed and on paid status. 4) Federal FML shall be based upon a rolling 12-month year beginning on the date an employee takes their first FML leave. 8.1.1 Paid Family Medical Leave Act (PFML). Employees are eligible for Paid Family Medical Leave Act leave benefits as allowed under state law. The premium cost for the leave will be collected as follows: • The Employer will pay for 55% of the premiums due for the medical leave portion, with the employee paying 45% of the remaining premium dues. • The Employer will pay 100% of premiums due for the family leave portion of the premium dues. 8.2 Discretionary Unpaid Leaves. A leave of absence without pay may be granted to any employee by the Department Director for such reasons as family care or emergency, education and personal business. 12 Packet Pg. 118 8.7.a 8.3 Return from Leave. Upon return from unpaid leave, all benefit accrual calculations, seniority rights, and credit for continuous service shall resume at the same level or with the same rights as the employee experienced prior to going on leave. For the purposes of leave accrual and MEBT vesting, an adjusted date will be used that reflects all previous months worked prior to taking leave. The employee's annual performance evaluation date (anniversary date) will be adjusted to reflect their time off due to the leave of absence. 8.4 Health Coverage During Unpaid Non-FML Leave. During the period of an approved leave of absence, monthly premiums for medical insurance may be paid to the City for payment to the insurance company to the extent the policy allows continued coverage, so as to maintain continued coverage. 8.5 Terms of the Leave. The City shall state in writing the terms of the leave of absence at the time it is granted. Unless otherwise provided herein, no sick leave or vacation leave shall accrue during any leave, nor shall the employee be entitled to any other benefits during the leave. Article IX - Health and Welfare 9.1 Coverage. The City shall make available to eligible regular full-time and regular part-time employees, and their eligible spouses and dependents, an insurance program that includes medical, dental, life and vision insurance, and an Employee Assistance Program (EAP) benefit. "Spouse" shall mean an individual who is married to a City employee under the laws of the State of Washington, or who is in a domestic partnership which is registered with or recognized by the State of Washington in accordance with the provisions of Chapter 26.60 RCW. This insurance program includes the following: 9.1.1 Medical Insurance. Employees may choose between the following medical plans: Association of Washington Cities ("AWC") HealthFirst 250 or AWC Kaiser Permanente $20 Co - pay Plan. The Employer reserves the right to re -open negotiations related to medical insurance. 9.1.2 Dental Insurance. Dental insurance is provided through the AWC Washington Dental Service Plan F with Option III (orthodontia). 9.1.3 Vision Insurance. Vision insurance is provided through the AWC Vision Service Plan ($10.00 deductible). 9.1.4 EAP Benefit. The Employee Assistance Program benefit is provided through AWC 9.1.5 Life Insurance. The City will pay one hundred percent (100%) of the basic life insurance premium. 9.1.6 Light Duty. When an employee is injured at work and is released to light or modified work duties and the Employer has light and/or modified work duty available for the employee, the employee will return to work on light duty during their normal working hours. 13 Packet Pg. 119 8.7.a 9.1.7 Flexible Spending Account (FSA). The City shall provide and administer a Flexible Spending Account (FSA) using pre-tax deductions from employees for qualified medical, childcare, transportation and other permitted uses as allowed by the Internal Revenue Service (IRS) Code Section 125 for employees and their eligible dependents. The Employer agrees to pay all fees for the establishment and maintenance of the FSA accounts for which it is legally allowed to pay. 9.1.8 Health Reimbursement Arrangement / Voluntary Employees' Beneficiary Association (HRA/VEBA). The Employer will establish an HRA/VEBA for each employee who is eligible and enrolled in or covered by one of the Employer's health insurance plans as described in Section 9.1.1. The Employer agrees to pay all fees for the establishment and maintenance of the HRA/VEBA accounts for which it is legally allowed to pay. The Employer shall make a three hundred dollar ($300) annual contribution to each eligible employee's HRA/VEBA account, provided that these contributions are contingent upon the bargaining group (as a whole) meeting the annual participation requirement for the AWC Well City Award. Union members, as a group, may vote to make contributions via payroll deduction to their HRA/VEBA account. The amount of the HRA/VEBA contribution may be adjusted by a majority vote of Union members, no more than once per year, and with appropriate notice to the City. Health Insurance Premiums. 9.2 Full -Time Employees. For all regular full-time employees, the Employer will pay one hundred percent (100%) of the premium costs of the benefits specified in Sections 9.1.1, 9.1.2 and 9.1.3, above. The Employer will pay ninety percent (90%) of the premium costs of the benefits specified in those sections for regular full time employees' eligible spouses and dependents. To address the timing of the health insurance premium share change, the Employer will make a one-time payment of one -thousand dollars ($1,000) to all regular full-time employees who were participating in the Employer's health insurance plan on January 1, 2022. All other regular full- time employees participating in the Employer's health insurance plan at the time of ratification will receive a one-time payment that has been prorated from their health benefit start date. 9.3 Part-time Employees. For regular part-time employees normally scheduled to work a minimum of twenty (20) hours per week and their eligible spouses and dependents, the City's premium contribution described in Section 9.2 will be reduced on a pro -rated basis according to the part-time employee's budgeted FTE. Changes to Health Insurance Plans. 9.4 Changes to Plan Benefits. Benefit changes other than those plans specified in Section 9.1 will be made by mutual agreement. 14 Packet Pg. 120 8.7.a Article X - Job Share 10.1 Definition and Implementation. A job share position is defined as a full-time budgeted position, which is occupied by two (2) part-time employees. Job sharing shall be implemented, and thereafter continued, only upon the approval of the Supervisor and the Department Head of the relevant position(s) and, in the instance of an occupied position, the request of the employee. 10.2 Schedule. Employees will share a full-time position on a half-time basis using a work schedule, which is convenient to the City and the employees. Examples of schedules that might be used are: (1) Each employee works four (4) hours per day; (2) Each employee works forty (40) hours in alternating weeks; (3) Each employee works twenty-four (24) hours one week and sixteen (16) hours the alternate week; (4) Each employee works two and one-half (2-1/2) days per week. 10.3 Coordination. The employees will be expected to coordinate with each other so that the responsibilities of the position and the level of required productivity are not adversely affected. 10.4 Compensation. Each employee will be paid one-half (1/2) of the established salary for the position. Due to seniority, the two (2) employees may be paid at different steps in the salary grade, however, whenever one (1) employee is on vacation, sick leave or absent the second employee shall have right of first refusal for available hours. Whenever one (1) employee works during vacation, sick leave or other absence of the second employee, the working employee will receive additional compensation at the regular rate of pay for excess hours worked up to forty (40) hours in one (1) week. Any hours worked beyond forty (40) in one (1) week will be compensated at time and one-half. 10.5 Benefits. Each employee working a minimum of 20 hours a week will be entitled to the following prorated benefits: 1. Vacation, Sick Leave and Holidays on a pro -rated basis; 2. Medical, Dental and Vision insurance with the City share of the premium pro -rated; 3. Basic Life Insurance paid for in full by the City; 4. Participation in the state retirement program, the Public Employees' Retirement System (PERS) Plan 2 or Plan 3 and the Municipal Employees' Benefit Trust; 5. Participation in other employee programs, including but not limited to the Employee Suggestion Program, Wellness Program, and Employee Assistance Program. 15 Packet Pg. 121 8.7.a Article XI — Evaluation 11.1 Procedure. The following procedure shall be used to assist in the performance evaluation of the employee: Each employee shall be evaluated at least annually, and each evaluation shall concern an employee's work performance for the entire period since the most recent previous evaluation. The evaluation shall include reference to weaknesses and strengths with specific suggestions for improvement where appropriate and shall be reviewed with the employee. A copy of the evaluation will be placed in the employee's personnel file and a copy will be given to the employee. The employees will be given an opportunity to attach comments to the evaluation for the personnel file. 11.2 Evaluation Appeal. An employee may appeal an evaluation through the Grievance Procedure, Article XVI, but such appeal may not be submitted to arbitration. Article XII - Change in Status 12.1 Definition of Seniority. Seniority shall be defined as total length of service in a bargaining unit position with the City excluding the portion of unpaid extended leaves of absence in excess of thirty (30) calendar days. Unpaid leave means a leave granted pursuant to Article 8.2 and does not include leave in which the City extends benefits such as FMLA leave. 12.2 Promotions and Transfers. Appointment of employees to positions shall be made by the City upon selection of the applicants determined by the City in its sole discretion to be best qualified for the position(s) and after providing adequate opportunity and consideration for transfer and promotion of current employees. At the request of the employee, the City will provide the reasons for non -selection for the open position. Upon promotion an employee shall be placed on the wage scale at the step that provides at least a five percent (5%) per month increase in wages. During the employee's six (6) month probationary period upon their promotion to a position within the bargaining unit, an employee may be demoted in the City's discretion and without recourse to the grievance procedure. Upon request by the employee, the City shall inform the employee of the rationale for the demotion. 12.3 Reclassification. Upon reclassification of a position to a higher classification, the incumbent employee shall be placed on the wage scale at the step that provides at least a five percent (5%) per month increase in wages. 12.4 Reduction in Force. An employee will receive fifteen (15) working days advance notice of layoff with a copy of such notice to the Union. In the event of a reduction in force, the City shall determine the order of layoff based upon the qualifications, performance evaluations of record, specializations needed for retained positions, and seniority with the Union. When these factors are equal, employees shall be laid off in reverse order of seniority. Employees may "bump" or displace to a position in the same or lower pay grade if they meet the minimum qualifications and if their seniority exceeds that of the other employees in the pay grade. 16 Packet Pg. 122 8.7.a For the purpose of bumping into the municipal court, an employee may bump or displace, if in addition, they meet the qualifications for the job and the needs of the court and the Judge. If the Judge in their discretion declines to accept the application and an employee who was eligible to bump is laid off due to the Judge's decision, that employee shall be entitled to one month of severance pay. In addition, the City shall pay directly to the insurance provider up to three (3) months of insurance premiums as set forth in Article IX for the employee. Upon receipt of the Official Notice of Reduction in Force that will be mailed to the employee's address on file with the City, the employee will have a period of ten (10) working days in which to consider employment options. The Official Notice will include information pertaining to the employee's right to displace other employees as outlined in this section. A copy of the Official Notice will be sent to the Union. Employees wishing to exercise their displacement rights must provide to the Human Resources Department, a Statement of Intent to Displace within the ten (10) working day notice period. Along with the Statement of Intent to Displace, the employee must identify a maximum of three (3) positions, listed in priority order, for which they are qualified and for which they have the required level of seniority. The employee must also include a full and complete description of verifiable qualifications for each position identified. The City shall review within five (5) working days, in order, the employee's displacement choices based on their qualifications, performance evaluations of record, specializations and seniority. From this data, the City will determine the position (as high on the priority listings as possible), into which the employee is qualified to bump. Knowledge, skills, and abilities as contained in the current job description of the position in question shall be the basis from which the determination is made. In cases where qualifications, performance, and union seniority are equal, seniority will be the determining factor. The City shall not lay off bargaining unit employees in lieu of disciplinary action. Employees who are displaced will be provided the same notice and rights as outlined above. If the Department Head and employee mutually agree, the displaced employee may take paid administrative leave for the duration of the fifteen (15) working day advance notice period. Employees cannot gain hours through the "bumping" process. In other words, a part-time position may not bump a full-time position. In addition, employees who currently share a position (job share) can, together, petition to bump into a full-time position if they are qualified and meet the required level of seniority. The pay grade of the position bumped into will prevail; however, the employee shall be placed at a step as comparable to their current pay as possible within the pay grade. All displaced employees will be provided an out -processing interview to review their benefits and various options as an inactive employee on recall status. Displaced employees will not be allowed to "run out" accrued leave balances but will be paid out in accordance with the Union agreement. 17 Packet Pg. 123 8.7.a Employees who move into a new position as a result of this process shall be in a trial status and shall receive written performance evaluations once a month throughout the six-month trial period. At the successful completion of the six-month trial period, the employee will resume the normal evaluation process as outlined in City policy. Employees who are unable to satisfactorily perform the duties of the new position will be subject to termination. 12.5 Rehire. All employees who are laid off in accordance with this procedure shall be placed in a recall pool for up to twenty-four (24) months for recall by seniority in positions for which they are qualified. In the event of a recall, those employees laid off shall be the first to be recalled to fill vacancies in their former positions or any position for which they have bumping rights. All employees on the recall list shall be informed when a position opens. Those employees with the most seniority in the bargaining unit shall be recalled first, provided they can perform the duties required in the classification affected. The names of persons laid off shall be maintained on a recall list. The list will be maintained by the Human Resources Department. For a period of twenty-four (24) months from the date of layoff, regular employees who were laid off will be placed on the City's job announcement mailing list to assist them in applying for other job vacancies for which they may be qualified. Employees on layoff must keep the City informed of their current address and telephone number so that they may be contacted in a timely fashion. The City will notify employees by certified letter and document efforts to contact employees, and will send copies of all correspondence to the Union. If the City is unable to contact the employee within ten consecutive working days from the date of notification, the City's obligation to recall an employee for that position shall cease. From the date of the receipt of a recall notice, the employee who has been recalled will have five (5) working days to notify the City of their intent to return to work. Thereafter, the employee shall have ten (10) working days to report to work unless an extension is granted by the City. If the employee refuses a specific job offer within the 24-month layoff period, they shall be removed from the recall list. The City shall have no obligation to recall Employees after they have been on continuous layoff for a period of 24 months. If the individual is hired back within the 24-month layoff period, for purposes of leave accrual and MEBT vesting, an adjusted date will be used that reflects all previous months worked prior to layoff. Employees returning to their same position will have their annual performance evaluation date (anniversary date) adjusted to reflect their time off due to the reduction in force. 12.6 Posting of Vacancies. Position vacancies will be posted in all work locations for a period of five (5) working days. Postings will be longer than five (5) days if possible, without delaying the hiring process. 18 Packet Pg. 124 8.7.a Article XIII - Suspension and Discharge 13.1 Probationary Employees. During an employee's first six (6) months' employment with the City within the bargaining unit, the employee may be discharged at the City's discretion and without recourse to the grievance procedure. 13.2 Discipline/Corrective Action. The City agrees that an employee shall be disciplined, including suspension and discharge, only for just cause. The City agrees to follow the principles of progressive discipline. Disciplinary action generally includes the following progressive steps: 1. Oral warning which shall be reduced to writing and noted as an oral warning; 2. Written reprimand; 3. Suspension or demotion; and 4. Discharge. A corrective action plan in writing will be provided and discussed at each step of the disciplinary process. This action plan will include clear objectives, expectations, and timelines. An employee suspended or discharged under the provisions of this Article must submit a grievance in writing as set forth in Article XVIII ("Grievance Procedure") within ten (10) days of the date that notice of the action is delivered to the employee and the Union. Coaching/Counseling Sessions and oral and written reprimands are deemed to be a means of communicating problems to an employee and are not subject to grievance beyond Step 3 of the grievance procedure. Discipline involving economic impact (suspension, demotion, and discharge) may move beyond Step 3 of the grievance process. Disciplinary action will be tailored to the nature and severity of the offense. Management maintains the right to take disciplinary action as they deem appropriate which may include skipping above steps to address severe discipline issues. Records of oral warnings shall be removed from the employee's file in the Human Resources Department after a one (1) year period if no related violations occur. Discipline involving a written reprimand or suspension shall be maintained in the employee's official personnel file. The Department of Human Resources shall be the central depositor for all official personnel records and files. Employees shall be provided a copy of all adverse material placed in the official file at the time the material is included in the file. All official personnel records shall be maintained by the Department of Human Resources. 13.3 Written Notice. Upon request by the affected employee, the City will provide the employee in writing the reasons for suspension or discharge. Provided, that the reasons set forth shall not preclude the City from presenting additional evidence of the grounds for the action at any subsequent arbitration hearing. 19 Packet Pg. 125 8.7.a Article XIV — Union Rights 14.1 Union Access. Upon application to the supervisor, the authorized representatives of the Union shall be granted access to the City's premises at any reasonable time for the purpose of adjusting grievances, investigating working conditions, or ascertaining that provisions of this Agreement are being adhered to; provided, that they do not interfere with employees in the performance of their duties. 14.2 Bulletin Boards. The City will make available suitable space in each building for the use of the Union for posting notices of its meetings, elections, recreational and social affairs, reports of Union committees, and rulings and policies of the Union. 14.3 Labor Management Committee The parties shall establish a joint Labor -Management Committee that shall meet on an as needed basis. The Committee shall be composed of an equal number of the Directors/Division Managers and members of the Union. It is understood that the committee shall function in a consultative capacity and shall not be considered a collective bargaining forum, nor a decision -making body unless the parties mutually agree to otherwise on a given topic. Either the Union or the City may initiate a discussion on an appropriate topic. Article XV — Rights of Management 15.1 General. It is understood that the City retains its right to manage personnel and operate its Departments except as may be limited by an express provision of this Agreement. This Agreement shall not limit the right of the City to contract for services of any and all types; provided, that no bargaining unit employees lose their employment as a result of the City's decision to contract for services. 15.2 Method of Providing Service. Delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the City, and the parties pledge their agreement with the objective of achieving the optimal level of employee performance and efficiency and reasonable working conditions consistent with safety, good health and sustained effort. In order to achieve this goal, the parties hereby recognize the City's right to determine the personnel, the methods, processes and means of providing municipal services, to increase, diminish, or change municipal equipment, including the introduction of any and all new, improved or automated methods or equipment, the assignment of employees to specific jobs within the bargaining unit, and the temporary assignment of employees covered by this Agreement to jobs outside the bargaining unit. Employees temporarily assigned to positions outside the bargaining unit shall retain all benefits and protections provided by this Agreement. 15.3 Performance Standards. The Union recognizes the City's right to establish and/or revise performance standards. Such standards may be used to determine acceptable performance levels, prepare work schedules, and measure the performance of employees. Such performance standards shall be reasonable. 20 Packet Pg. 126 8.7.a 15.4 Article Not Subiect to Grievance Procedure. The exercise of any rights provided in this Article shall not be subject to the grievance procedure unless such exercise is thought to violate the express terms of this Agreement. Article XVI — Work Stoppage The City and the Union agree that the public interest requires the efficient and uninterrupted performance of all City services, and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. During the term of this Agreement, the Union and/or the employees covered by this Agreement shall not cause or engage in any work stoppage, strike, slowdown or other interference with City functions. Employees covered by this Agreement who engage in any of the foregoing actions shall be subject to such disciplinary actions as may be determined by the City. Article XVII — Miscellaneous 17.1 Mileage. All employees who have been authorized to use their own transportation on City business shall be reimbursed at the rate authorized by the Internal Revenue Service for employee mileage. 17.2 Use of Personal Vehicle. No employee shall normally be required to use a personal vehicle on City business. 17.3 Training Program. The City may provide employees release time with pay or compensatory time off to attend training programs that the City determines will be beneficial to their job performance. The City will attempt to provide notice of such training opportunities by posting notice or otherwise providing appropriate notice. If the City requires attendance at such training programs, the City will pay the expenses incurred. 17.4 Conferences. Matters of common concern to the parties concerning the application or interpretation of this Agreement will be the subject of Meet and Confer discussion upon request of either the City or the Union Representative. Such meetings will be scheduled at the mutual convenience of both parties. 17.5 Personnel Files. The employee and/or representative may examine the employee's personnel file in the offices of the Human Resources Department if the employee so authorizes and releases the City from any obligation for breach of confidentiality in writing. Material placed into the employee's file relating to job performance or personal character shall be brought to their attention. The employee may challenge the propriety of including it in the files. If the City refuses to remove the challenged material, the employee shall not have the right to the grievance procedure, but the employee shall have the right to insert documentation into the file, providing such documentation is relevant to the challenge. Except as may be required by state or federal laws or regulations, unauthorized persons shall not have access to employee files or other personal data related to their employment. 21 Packet Pg. 127 8.7.a 17.6 Recreation Passes. Employees shall be provided free of charge with weight room, gym, and swimming pool passes to be used during non -working hours. 17.7 Reclassification Requests. It is the supervisor's responsibility to maintain the employee's primary job assignments within the existing job description, until a revised job description is approved. Requests for revised job descriptions can be made by the Department Director to the Human Resources Department. Revised job descriptions, along with the appropriate pay grade, are subject to the Mayor's approval, before submittal to the Finance Committee and City Council for their approval. 17.8 Drivers License Verification. All employees operating a City of Edmonds vehicle must have a valid Washington State Drivers License (DL). Any employee operating a City of Edmonds vehicle on a suspended or revoked DL is subject to disciplinary action up to and including termination. Article XVIII — Grievance Procedure The grievance procedure provides the means by which disputes or problems between the parties which arise concerning the application, meaning, or interpretation of this Agreement are to be resolved. An alleged violation of the Agreement must be taken up at Step 1 of the procedure within fifteen (15) working days from the time the employee had knowledge, or in the normal course of events should have had knowledge, of the occurrence that created the alleged violation. Disciplinary actions, including suspension and discharge, must also be grieved within the fifteen (15 working day period. See Article XIII ("Suspension and Discharge"). 18.1 Grievance Steps. When an employee has a grievance, they shall bring it to the attention of their immediate supervisor, and the employee and supervisor shall attempt to settle the grievance. If the grievance cannot be settled, the employee shall state the grievance in writing and present it to their supervisor in accordance with the procedure set forth below: a. Step 1. An employee and/or the Union, within fifteen (15) working days from the occurrence or knowledge of the occurrence of an alleged grievance, shall bring said grievance to the attention of the immediate supervisor in writing, stating clearly the facts and issues relating to the grievance, including but not limited to: (1) the date of the alleged violation; (2) a description of the alleged violation; (3) the provision(s) of the Agreement allegedly violated; and (4) the remedy sought. The parties shall attempt to meet and resolve the grievance within ten (10) working days. The immediate supervisor will respond within ten (10) working days of the meeting. b. Step 2. If a satisfactory settlement is not reached in Step 1, and the employee wishes to pursue the matter further, said written grievance, unchanged, showing the response if any from Step 1, shall be submitted to the Department Head within ten (10) working days after the decision from Step 1. The parties shall attempt to meet to resolve the grievance within ten (10) working days of the date of the written submittal. The Department Head shall rule on the merits of the alleged grievance and respond in writing within ten (10) working days of the meeting. In the event 22 Packet Pg. 128 8.7.a the employee's immediate supervisor is the Department Head, the Mayor or their designee shall consider the grievance at this step. c. Step 3. If a satisfactory settlement is not reached at Step 2, the grievant with authorization from the Union may submit the written grievance, unchanged, showing the responses if any from Steps 1 and 2, to the Mayor within ten (10) working days after the decision from Step 2. The parties shall attempt to meet to resolve the grievance within ten (10) working days of the written submittal. Failure of the Mayor or their designee to satisfactorily resolve the alleged grievance shall permit the Union the right to submit a demand for arbitration to the City in writing within ten (10) working days of receipt of the response at Step 3 or, failing a response, within ten (10) working days of the date the response was due. d. Selection of Arbitrator. The City and the Union shall immediately thereafter select an arbitrator to hear the dispute. If the City and the Union are not able to agree upon an arbitrator within ten (10) working days after receipt by the City of the written demand for arbitration, the parties shall jointly request a list of eleven (11) arbitrators from the Federal Mediation and Conciliation Service (FMCS). The list shall be limited to arbitrators who are members of the National Academy of Arbitrators from Washington and/or Oregon sub -regions. Within ten (10) working days after receipt of same, the parties shall alternately strike the names of the arbitrators until only one name remains, who shall hear the dispute. The party striking first will be the winner of the flip of a coin. e. Authority of the Arbitrator. The Arbitrator shall have no power to render a decision that will add to, subtract from, alter, change, or modify the terms of this Agreement, and their power shall be limited to interpretation or application of the express terms of this Agreement, and all other matters shall be excluded from arbitration. The decision of the arbitrator shall be presented in writing, and shall be final and binding upon the parties; provided that the decision does not involve action by the arbitrator beyond their jurisdiction. 18.2 Union Assistance. Nothing herein shall prevent an employee from seeking assistance from the Union or the Union from furnishing such assistance at any stage of the grievance procedure. 18.3 Expenses. Each party shall pay the compensation and expenses for its own representatives and witnesses, including attorneys' fees. The parties will share equally the costs and expenses of the arbitrator. 18.4 Time Requirements. If the grievant fails to take the action required within the times provided herein, they shall forfeit the right to further protest the grievance, denial of the grievance or interim recommended solution. Failure on the part of the City to respond at Step 1 within the specified time limit shall automatically move the grievance to the next step. 23 Packet Pg. 129 8.7.a 18.5 Conflict Resolution Process Purpose To address and resolve employee conflicts and/or problems in the workplace that are not covered under the scope of a labor agreement, Personnel Policies, or other formal means of grievance resolution. The Conflict Resolution Process (CRP) addresses conflicts between employees and/or supervisors arising from problems involving personal differences, inappropriate behavior, poor communications, or similar reasons. The intent of the CRP process is to resolve poor working relationships, which adversely impact others or services. Process: All employees are encouraged to discuss problems they are experiencing with their co-workers or supervisor in an honest and frank manner. Both parties are encouraged to resolve the conflict or problem among themselves in the most fair way, which is mutually acceptable to both parties. If the problem cannot be resolved among the involved parties, the employee may initiate the next step in the CRP process. Step 1. Any employee with or without the assistance of a representative can initiate the CRP process by providing the other party(s) in the dispute with a written notice containing short statements outlining 1) the problem or conflict, 2) the adverse impact upon the employee, and 3) the remedy sought. A copy of the written notice must also be provided to the other parry's supervisor. The other party must respond in writing to the employee within one calendar week with a copy of the response also going to their immediate supervisor. Step 2. If the conflict is not resolved by these actions, the employee shall request in writing for the other parry's supervisor to resolve the issue(s). At the request of either party a mutually agreeable mediator/fact finder will be invited to assist the parties in reaching a mutually agreeable resolution. The expense of the mediator, if any, shall be paid by the City. This action must be taken within two calendar weeks following receipt of the employee's request for resolution of the issue(s). Step 3. If the two parties involved in the dispute are not successful in resolving the issue(s), the supervisor and/or mediator shall prepare a written report outlining the facts presented by both parties involved in the issue along with a recommendation for a fair and equitable resolution to the problem. This report shall be provided to both parties in a confidential manner. Step 4. If the parties have not mutually resolved the issue(s) within one week following receipt of the mediator's report, the report shall be submitted to the Mayor. The Mayor shall review the report and issue a final resolution to the problem, which shall be binding upon all parties involved in the dispute. The parties shall carry out the Mayor's directive in a cooperative manner. Retaliatory action from either party is strictly prohibited. Step 5. A follow-up action will be conducted by the Human Resources Department, after forty- five (45) days, to ensure compliance with the Mayor's resolution. A written follow-up report will be provided to all parties involved, including the Mayor. 24 Packet Pg. 130 8.7.a Article XIX - Entire Agreement The Agreement expressed herein in writing constitutes the entire Agreement between the parties. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, each voluntarily and unqualifiedly agrees to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. Article XX -.Savings Clause Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation, ordinance, or by any decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof, provided, however, upon such invalidation that parties mutually agree to meet and negotiate such parts or provisions affected. The remaining parts or provisions shall remain in full force and effect. Article XXI - Term of Agreement The terms and conditions of employment contained in this 2022 through 2024 Labor Agreement shall become effective upon its adoption by the Employer, except where noted otherwise in the agreement, and shall remain in effect through December 31, 2024 and during the course of negotiations on a successor Labor Agreement. EDMONDS EMPLOYEE ASSOCIATION, CITY OF EDMONDS LOCAL 3517 (AFSCME COUNCIL 2) Organizer/Representative Date Date Bargaining Team Member Bargaining Team Member Michael Nelson, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 25 Packet Pg. 131 8.7.a 1. RATES OF PAY, EFFECTIVE: January 1, 2022 APPENDIX "A" 2022 NE-37 7,987 8,386 8,806 9,246 9,708 10,194 NE-36 7,607 7,987 8,386 8,806 I 9,246 I 9,708 NE-35 7,245 7,607 7,987 8,386 I 8,806 I 9,246 NE-34 6,900 7,245 7,607 7,987 I 8,386 I 8,806 NE-33 6,571 6,900 7,245 7,607 I 7,987 I 8,386 NE-32 6,258 6,571 6,900 7,245 I 7,607 I 7,987 NE-31 5,960 6,258 6,571 6,900 I 7,245 I 7,607 NE-30 5,676 5,960 6,258 6,571 6,900 7,245 NE-29 5,406 5,676 5,960 6,258 6,571 6,900 NE-28 5,149 5,406 5,676 5,960 6,258 6,571 NE-27 4,903 5,149 5,406 5,676 I 5,960 I 6,258 NE-26 4,670 4,903 5,149 5,406 I 5,676 I 5,960 NE-25 4,448 4,670 4,903 5,149 I 5,406 I 5,676 NE-24 4,236 4,448 4,670 4,903 I 5,149 I 5,406 NE-23 4,034 4,236 4,448 4,670 4,903 5,149 NE-22 3,842 4,034 4,236 4,448 4,670 4,903 NE-21 3,659 3,842 4,034 4,236 4,448 4,670 A.1 Wages Wages for 2022 for all EDMONDS EMPLOYEE ASSOCIATION, LOCAL 3517 (AFSCME COUNCIL 2) employees employed by the City on the final date of ratification by both parties, will be as set forth above and will be retroactive to January 1, 2022. Retroactive wage payments will be made to each member of the bargaining unit in a separate check. The 2022 wage schedule is a newly created schedule based on the results of a market study. The new schedule had a five and a half percent (5.5%) increase applied using the parameters provided for 2023 and 2024 increases. Employees who are no longer active employees with the Employer at the time of ratification shall not be paid retroactive pay under this Agreement. Employees who remain active employees with the Employer shall receive any agreed upon retroactive pay, even if they have taken a position with the Employer outside the bargaining unit prior to ratification of this Agreement. 26 Packet Pg. 132 8.7.a Effective January 1, 2023, the monthly rates of pay for each classification covered by this Agreement shall be increased by one hundred percent (100%) of the percentage increase in the Seattle -Tacoma -Bellevue Area Consumer Price Index semi-annual average from June to June of the previous year, with a minimum increase one percent (1%) and a maximum increase of five and one-half percent (5.5%). The Index used shall be the Consumer Price Index for Urban Consumers (CPI-U), All Items Indexes, Revised Series (1982-84+100) for the Seattle -Tacoma -Bellevue area, as published by the Bureau of Labor Statistics. Effective January 1, 2024, the monthly rates of pay for each classification covered by this Agreement shall be increased by one hundred percent (100%) of the percentage increase in the Seattle -Tacoma -Bellevue Area Consumer Price Index semi-annual average from June to June of the previous year, with a minimum increase four and one-half percent (4.5%) and a maximum increase of five and one-half percent (5.5%). The Index used shall be the Consumer Price Index for Urban Consumers (CPI-U), All Items Indexes, Revised Series (1982-84+100) for the Seattle - Tacoma -Bellevue area, as published by the Bureau of Labor Statistics. A.2 Waie Step Advancement. Step advancement shall be based upon completion of the applicable length of service and satisfactory performance. If the completion of such period of time occurs on a date other than the beginning of a semi-monthly pay period, the advancement to the new pay step shall become effective at the beginning of the next semi-monthly pay period. The normal probationary period is six (6) months from the employee's date of hire, rehire or promotion. The Mayor may authorize the department director to extend the probationary period for up to an additional six (6) months. An extension may be granted due to circumstances such as an extended illness or a continued need to evaluate an employee. Extensions for represented employees also require concurrence with the Union. After successful completion of the six (6) month probationary period, an employee shall receive a step increase of one step not to exceed the maximum step of the negotiated pay grade table. The completion of probation establishes the anniversary date used for future performance evaluations and/or step increases. The City shall have the right to place an employee in any pay STEP above the minimum set forth herein, in which event, advancement of said employee to each of the next higher pay STEPS shall be governed by this section A.2. The six (6) month probationary STEP increase shall apply regardless of the STEP in which the employee is initially placed. A.3 Provision of Tools, Clothing and Safety Equipment. Any boots to be worn by employees shall be purchased by the employees upon their initial hiring. Thereafter, engineer inspector, engineering technician, engineering aide, senior construction inspector, building inspector, combination inspector, senior combination building inspector, plans examiner, senior plans examiner, stormwater technician, and code enforcement officer will receive up to two hundred dollars ($200.00) per year for replacement of boots if necessary. Thereafter the allowance will be increased by the Consumer Price Index as calculated in Section A.1 and rounded to the nearest dollar. The City will provide rubber boots for the aquatics/athletic coordinator. Any 27 Packet Pg. 133 8.7.a raingear and/or uniform necessary shall be provided on a department basis and used by employees as needed. A.4 Position Classification Schedule Job Title Pay Grade Accountant, Senior NE-37 Accountant N E-36 Financial Manager for Public Works & Utilities NE-36 GIS Analyst, Senior NE-36 Human Services Program Manager NE-36 Information Systems Specialist, Senior NE-36 Combination Building Inspector, Senior NE-35 Community Strategist -Public Information Officer NE-35 Construction Inspector, Senior NE-35 GIS Analyst NE-35 Information Systems Specialist NE-35 Plans Examiner, Senior NE-35 Code Enforcement Officer NE-34 Engineering Technician III NE-34 Environmental Education and Sustainability Coordinator NE-34 Plans Examiner NE-34 Probation Officer, Senior NE-34 Building Inspector NE-33 Combination Building Inspector NE-33 Executive Assistant - Parks & Rec NE-33 Executive Assistant - Public Works NE-33 Probation Officer NE-33 Recreation Coordinator NE-33 Stormwater Technician, Senior NE-33 Web Systems Analyst NE-33 Comm Services Program Coordinator NE-33 Engineering Technician II NE-32 Public Records Officer NE-32 Stormwater Technician NE-32 Systems Support Tech NE-32 Accounting Specialist, Senior NE-31 Deputy City Clerk NE-31 Permit Coordinator, Senior (Dev Services) NE-31 Permit Coordinator, Senior (Engineering) NE-31 Accounting Specialist - AP/AR NE-30 Accounting Specialist - Payroll NE-30 Accounting Specialist - Utility Billing NE-30 Administrative Assistant, Senior NE-30 Engineer Technician I NE-30 28 Packet Pg. 134 8.7.a Office Coordinator (WWTP) NE-30 Public Records Associate NE-30 Administrative Assistant - Admin Services NE-29 Administrative Assistant - Dev Services NE-29 Administrative Assistant - Engineering NE-29 Administrative Assistant - General NE-29 Administrative Assistant - Planning NE-29 Administrative Assistant - Public Works NE-29 Cultural Arts Program Specialist NE-29 Lead Court Clerk NE-29 Permit Coordinator NE-29 Court Clerk NE-28 Business License Clerk NE-27 Program Assistant - Parks & Rec NE-27 Social Worker NE-27 Human Services Program Support NE-25 Senior Office Specialist - Admin Services NE-25 Senior Office Specialist - Parks NE-25 Recreation Leader - Day Camp NE-23 Recreation Leader - Gymnastics NE-23 Recreation Leader - Interpretive Specialist NE-23 Recreation Leader - Preschool NE-23 Preschool Assistant — Meadowdale Preschool NE-21 Permitting Program Manager NE-32 *The Permitting Program Manager is currently classified on the non -represented salary schedule. The City recognizes this position is covered by the union. The City and the Union agree to maintain this position's non -represented wages (including approved COLAs) until appropriate placement on the AFSCME wage schedule can be bargained. Senior Level Positions The following positions shall progress to "Senior" status after three (3) years of satisfactory performance at their introductory position: Senior Accountant Senior Accounting Specialist Senior Administrative Assistant Senior GIS Analyst Senior Information Systems Specialist Senior Probation Officer Senior Stormwater Technician Senior progressions will be effective retroactive to January 1, 2022, allowing eligible employees to move ranges immediately upon ratification. Progression to a Senior equivalent shall occur after 3 (three) years of satisfactory performance in the non -sr. role and will be a cost -neutral progression. 29 Packet Pg. 135 8.7.a Employee will advance to the next range and shall move back a step. The City may hire an employee directly into a Senior position upon the City's determination that the employee has appropriate experience. A.5 — Longevity Pay Effective January 1, 2023, and based on total length of service at the City, employees shall receive, in addition to their monthly rate of pay set forth in Appendix A., monthly Longevity Pay in accordance with the following: Seniori Start of 61 It month (5 years) Start of 121 st month (10 years) Start of 169' month (14 years) Start of 217' month (18 years) Start of 301st month (25 years) Longevity Pay 1 % of employee's monthly rate of pay 1.5% of employee's monthly rate of pay 2% of employee's monthly rate of pay 2.5% of employee's monthly rate of pay 3% of employee's monthly rate of pay Longevity pay increases shall be effective upon the beginning of the next semi-monthly pay period following the date the employee completes the respective number of years. Eligible employees will continue to receive the formerly established Longevity Pay through 12/31 /2022. A.6 — Additional Language Premium Pay Employees in a bargaining unit position who possess, and are required by the City to use, approved additional language skills shall receive the following Additional Language Premium Pay if the employee is required to provide interpretation services at least once per day for at least Seventy - Five Percent (75%) of their total annual workdays: Court employees: $200/month paid in $100 increments each pay period All other employees: $100/month paid in $50 increments each pay period The employee's department head will provide Human Resources with confirmation that the employee meets these requirements at the time this Agreement is executed. To be eligible for Additional Language Premium Pay, the employee must pass a language proficiency test coordinated by the City to demonstrate their ability to speak, understand, and clearly communicate in the additional language at the level needed for either general or legal interpretation services. Target languages include Spanish, Asian and Pacific Island languages, other Indo-European languages, and other languages as approved by the employee's department director. Eligible employees will be allowed to receive the Additional Language Premium as stated above retroactive to January 1, 2022. 30 Packet Pg. 136 8.7.b Summary of Changes Collective Bargaining Agreement CITY OF EDMONDS, WASHINGTON AND EDMONDS EMPLOYEE ASSOCIATION LOCAL 3517 (AFSCME COUNCIL 2) January 1, 2022, through December 31, 2024 • Changed all references to be gender neutral • Added June 19th as a recognized paid holiday • Clarified that "Holiday Pay" is to be based on the regular work hours the employee is assigned to (i.e. 4/10 would received 10 hours of holiday) o If an employee is on an alternative work schedule at the request of the employee they will receive 8 hours of holiday pay no matter the alternative work schedule. • Updated "Family Member" definition for sick leave to comply with current Washington state law • Allow for conversion of sick leave hours to vacation hours at the rate of 3 to 1 should the regular full-time employee have accrued at least 800 hours of sick leave. • For completing the required participation level in wellness activities annually that qualify the City for the Well -city award and results in a discount on health care premiums to the City, each member shall receive one "Wellness day off." This must be used in the following year per the Floating Holiday article of the CBA. • Increased annual VEBA contribution from $250/annually to $300/annually. The contribution will only be provided contingent upon the bargaining unit as a whole meeting the annual participation requirement for the AWC Well City Award. • Regular full-time employees will have their health care premiums, for themselves only, paid at 100% by the City. Spouses and dependents will remain at 90%. o In order to address the delay in implementation of this change due to ongoing bargaining the City agreed to make a one-time payment to employees who were on the City's health care plans, in the amount of $1,000. This was in lieu of undertaking the task of individually calculating the amount owed to each employee for this change. • Updated Grievance Procedure language to provide for a clearer process for both Union and management • Compensation Changes o Implemented Market Study as previously approved by Council. Effective January 1, 2022 with retroactive payments to employees. Packet Pg. 137 8.7.b o Applied a 5.5% wage adjustment (COLA) to the new wage schedule effective January 1, 2022 with retroactive payments to employees o Effective January 1, 2023, the monthly rates of pay for each classification covered by the Agreement will be increased by one hundred percent (100%) of the percentage increase in the Seattle -Tacoma -Bellevue Area Consumer Price Index semi-annual average from June to June of the previous year, with a minimum increase one percent (1%) and a maximum increase of five and one-half percent (5.5%)The Index used will be the Consumer Price Index for Urban Consumers (CPI- U), All Items Indexes, Revised Series (1982-84+100) for the Seattle -Tacoma - Bellevue area, as published by the Bureau of Labor Statistics. ■ It should be noted that the CPI-U for the time period identified was 10.1% therefor a wage adjustment of 5.5% will be applied January 1, 2023 for all bargaining unit members. o Effective January 1, 2024, the monthly rates of pay for each classification covered by this Agreement will be increased by one hundred percent (100%) of the percentage increase in the Seattle -Tacoma -Bellevue Area Consumer Price Index semi-annual average from June to June of the previous year, with a minimum increase four and one-half percent (4.5%) and a maximum increase of five and one-half percent (5.5%).The Index used will be the Consumer Price Index for Urban Consumers (CPI-U), All Items Indexes, Revised Series (1982-84+100) for the Seattle -Tacoma -Bellevue area, as published by the Bureau of Labor Statistics. o Implemented a progression to a "Senior" classification for certain positions in the bargaining unit. This is a cost neutral progression as the employee would move up a range and back a step. The end result being the same compensation but with higher earning potential at the top step of the range. ■ The implementation of this is retroactive to January 1, 2022 for purposes of calculating step progressions for the impacted employees. o Increased Longevity pay by .5% at each established progression. New percentages are as below. Longevity pay increases are not retroactive and will become effective as of the first of the month following ratification of the agreement. Seniority Longevity Pay Start of 615t month (5 years) 1% of employee's monthly rate of pay Start of 121s' month (10 years) 1.5% of employee's monthly rate of pay Start of 169t" month (14 years) 2% of employee's monthly rate of pay Start of 2171" month (18 years) 2.5% of employee's monthly rate of pay Start of 3015t month (25 years) 3% of employee's monthly rate of pay Packet Pg. 138 8.7.b o Language Premium Pay will be provided to those employees providing interpretation services at least once per day for at least 75% of the total annual workdays. This payment will be calculated retroactive to January 1, 2022 ■ Court employees who are providing legal interpretation will be given a $200/month premium. All other employee will be given a $100/month premium. Packet Pg. 139 8.8 City Council Agenda Item Meeting Date: 11/22/2022 Confirmation of Diversity Commission Appointees Anil DeCosta & Jessie Owen Staff Lead: Todd Tatum Department: Community Services Preparer: Megan Luttrell Background/History The nine Edmonds Diversity Commission members were originally appointed on October 27, 2015 for staggered 1-, 2- and 3-year terms. As of 1/1/23 Positions 1, 2 and 3 become available for full terms that run until December 31, 2025. The position openings were advertised via local media. Two applications were received, reviewed and interviewed by the Commission at their regular meeting on November 2, 2022. Pursuant to ECC 10.65.020(B), new appointments to the Diversity Commission shall be made by the seated Commissioners, subject to confirmation by the City Council. The application period has been extended to seek additional applicants for the remaining seat. Staff Recommendation Confirm appointment of Anil DeCosta to Position 1 and Jessie Owen to Position 2 of the Edmonds Diversity Commission for terms scheduled to expire 12/31/25. Narrative Of the applications received by the City for consideration to fill the open positions, two applicants were interviewed by the Diversity Commissioners. The Commission voted to appoint Anil DeCosta and Jessie Owen for terms scheduled to expire 12/31/25, subject to City Council confirmation. Both applications are attached. Attachments: Anil DeCosta - Application Jessie Owen - Application Packet Pg. 140 I 8.8.a I City of Edmonds Citizen Board and Commission Application (PLEASE PRINT OR TYPE) NOTE: This form is a public record and maybe subject to disclosure upon request Diversity Commission (Board or Commission) Name:Anil DeCosta Date:8/22/2022 Address: Day Phone: Edmonds Evening Phone: WA 98020 Cell: E-mail: Occupational status and background: Manage end user services for the Bill & Melinda Gates Foundation. Born and raised in India, came to the US for a graduate degree and have lived in NY, TX, OK before moving to Seattle. Organizational affiliations: South Snohomish Cold Weather Shelter (provides lodging/meals during the winter in the county) Northwest Neighbors Network (providing local seniors with social visits, errands, transportations needs, chores). GSA-ILR (President of the International Students at ILR at Cornell). Developed the International festival to drive better understanding of cultures and better integrating US and International students. Why are you seeking this appointment? I have used a separate sheet to answer this question given the limited space in this form. What skills and knowledge do you have to meet the selection criteria? Please list any other Board, Commission, Committee, or official positions you currently hold with the City of Edmonds: None at this time. Additional comments: Please return this completed form to: Edmonds City Hall 121 5th Avenue North Edmonds, WA 98020 carolvn.lafave(@edmondswa.eov Anil DeCosta Signature Phone:425.771.0247 l Fax:425.771.0252 Revised4/30/14 a 0 c� Q a a 0 U W 7 a E t U 0 r Q Packet Pg. 141 8.8.a Why am I seeking an appointment to the Diversity Commission? Diversity and inclusion was not something that came naturally to me. Even though I grew up in a country with people from different economic, social and religious backgrounds, we were all tied into a larger culture of the country. We celebrated differences but never took that step of using those differences to become a better society — in hindsight we always stopped at the celebration but not the integration. My life as an international graduate student first and later, my experiences living and working in different parts of the US have significantly shaped my views on this topic. Starting off as President of the International Students association at Cornell, I saw the power of being able to harness the collective experiences of international students by giving them the skills and training to better communicate and engage their domestic counterparts. Similarly, it gave the domestic US students, the opportunity to understand different communication styles and how they could also better engage with these students and develop better relationships. We developed forums and events that were informal, fun and were always geared towards building those bridges and leveraging our differences as a source of strength. Fast forward to the working as a manager at Dell with domestic and international teams spread across the globe, I learned the hard way of the consequences of making unilateral decisions without considering factors that would be important segments of my team. These experiences taught me the skills of actively engaging, listening and most importantly either updating, changing work processes, policies or outcomes in ways that helped my overall team. With time, I have also seen the impact of those decisions, the investments in our programs (hiring more women) and positive impact to our teams. Its these lessons that I would like to bring to this role. Edmonds as a community is also changing rapidly. I have seen this in just over 3 years, and I feel like this is the right time to focus on integrate all these new residents that continue to choose Edmonds as a place to live and make them feel welcome and valued. I want to learn from what other cities have done before us and learn from their mistakes as well. I might not be the ideal candidate with my core background. But I know the importance of diversity, I have seen it work and I want to be able to give back to this lovely city that I know call home! I am happy to even volunteer as a stand in until the committee might want to choose a better candidate. For me, it's the ability to help out and do something that will impact this city. Thank You for considering my application. Anil DeCosta Packet Pg. 142 8.8.b Edmonds Citizen Board and Commission Application (PLEASE PRINT OR TYPE) NOTE: This form is a public record and maybe subject to disclosure upon request DIVERSITY COMMISSION (Board or Commission) Name: JESSIE OWEN Address: EDMONDS, WA 98020 Date: 9-1-22 Day Phone: Evening Phone: Cell: E-mail: Occupational status and IJackground: Educator and accessible travel author. Active in the disabled community. Advocate for ADA equity and diversity inclusion within the community. Organizational affiliations: NSEA, NORTHWEST REGIONAL SPINAL CORD INJURY ASSOCIATION, NORTHSHORE SCHOOL DISTRICT, UW CENTER FOR NEUROTECHNOLOGY Why are you seeking this appointment? I'm interested in continuing to diversify Edmonds and having a platform to help make positive changes. Edmonds is clearly dedicated to continued growth in diversity and inclusion but there is still work to be done to make our city welcoming, accessible, and a place where all citizens feel seen and valued. What skills and knowledge do you have to meet the selection criteria? Harvard public leadership Credential 15 years in education and educational leadership, advocate in spinal cord injury community, experience with interracial adoption Please list any other Board, Commission, Committee, or official positions you currently hold with the City of Edmonds:, N/A Additional comments: Happy to have contributed to this community as a citizen and looking forward to continued development in Edmonds. Please return this completed form to: Edmonds City Hall 121 5th Avenue North Edmonds, WA 98020 ca ro Ivn. lafave (a)edmondswa.eov Phone:425.771.0247 1 Fax:425.771.0252 �L� Signature Revised 4130114 Packet Pg. 143 9.1 City Council Agenda Item Meeting Date: 11/22/2022 2023 Legislative Agenda Staff Lead: {Type Name of Staff Lead} Department: Community Services Preparer: Todd Tatum Background/History Every year the City Council reviews and approves the City's Legislative Agenda for the upcoming Legislative Session in the new year. This Agenda serves as guidance to our Lobbyist in Olympia, as well as a hand-out to share with Legislators and their staff. Staff Recommendation Staff will incorporate any additions and changes and format the document attractively. Staff will then forward the 2023 Edmonds Legislative Agenda to the Consent Agenda of the 12/06/22 regular Council meeting for approval. Narrative The attached Draft of the 2023 Edmonds Legislative Agenda has been compiled over the last couple of months with direct input from Mayor Nelson, our Olympia lobbyist, Debora Munguia, Directors of every City Department, and those Council Members who have already shared their issues or suggestions about agenda items. The agenda was also informed by the legislative agendas of AWC, WRIAB, and WRPA. Attachments: DRAFT 2023 legislative agenda 20221118 Packet Pg. 144 9.1.a ,0c. 18y" CITY OF EDMONDS 2023 STATE LEGISLATIVE AGENDA Transportation Request: Program $22.5 million allocated under the Move Ahead Washington Transportation package in the 2025-27 Biennium for SR99 Revitalization Project Stage 3 and begin work to secure funding for future phases for the 2027-29 Biennium. The City of Edmonds places a high priority on both safety and social and environmental justice throughout our community. The Highway 99 Corridor and its surrounding neighborhoods have historically been under -served, with lower levels of parks and public spaces, community gathering facilities, and safe, multimodal transportation improvements. In tandem with this Community Renewal Plan, the City will pursue multiphase transportation improvements along the Corridor, costing upwards of $243 million, including accompanying utility improvements. This significant public investment will also promote private investment along the corridor, and bring needed jobs, affordable housing and services to an underserved community of Edmonds. Thanks to the legislature's support in providing $39 million from the Connecting Washington and Move Ahead Washington transportation packages, we will complete the initial transportation and pedestrian safety improvements in spring 2023 and have started design on the next stages of improvements. Edmonds Marsh The Legislature in the 2021 Session approved a proviso for the duration of the 2021-2023 biennium that provided Edmonds first right of purchase of the former UNOCAL site when it transfers to WSDOT. These provisions are in effect until 6/30/23. The clean-up process will take through 2025, and therefore will require an extension of the first right of purchase. Packet Pg. 145 9.1.a 2023 Edmonds Legislative Agenda Page 2 of 4 In 2021, the Legislature earmarked $258,000 to help fund the potential purchase of the UNCOCAL property. Request that these funds be reallocated to the 2023-25 Biennium. Gun Violence Prevention Gun violence and the injuries and death that result from it constitute a public health crisis, including the mental health impacts on many communities. We support continued efforts for legislation addressing the prevention of gun violence. Environmental and Climate -Related Issues as a� Monitor and support potential environmental -protection measures, including those that would Q as enhance the Puget Sound ecosystem, including the impacts of coal and oil trains, drought '— management, toxics control and clean-up, as well as measures associated with climate change,MA crumb rubber athletic field infill, remediation of culverts under state highways, banning plastic a) as bags, etc. Support state -level actions called out in our Climate Action Plan: N 0 N • Support legislation to require gas supply systems statewide to be carbon -neutral by 2045 • Support changes to the state building code to achieve net -zero energy consumption in new buildings by 2030 • Support the long-term plan for electrifying the Washington State Ferry fleet Other Significant issues 1. Housing affordability & availability & accessibility • Support a proactive approach to create new tools/incentives/revenues for cities to use to support increasing housing supply and addressing affordability. Cities need resources to encourage development of housing at all income levels and particularly state funding to support housing for the lowest income levels. • Support increased funding for the Housing Trust Fund. 2. Infrastructure funding • Fully fund the Public Works Assistance Account (PWAA), including allowing the current revenue diversions to sunset at the end of fiscal year 2023 and refraining from further transfers or diversions of funds to other infrastructure programs or other non -infrastructure accounts. • Explore expanding state funding opportunities to assist with maintenance and operations of local infrastructure. • Support legislation which helps local municipalities with ongoing maintenance due to the passing of SB 5974 which requires state transportation projects over $500,000 to include Complete Street characteristics. Packet Pg. 146 9.1.a 2023 Edmonds Legislative Agenda Page 3 of 4 I Support Parks and Open Space • Support robust funding for Capital Budget programs that invest in the outdoor recreation sector. • Support funding to help local parks agencies address severe maintenance backlogs exacerbated by COVID-19 • Support technical change to the Derelict Vessel Removal Program statute 4. Puget Sound Health and Salmon/Orca • Support $82 million for Salmon Recovery Funding Board in the Recreation and Conservation Office budget (RCO). • Support $65.4 million for Puget Sound Acquisition and Restoration in the RCO budget. • Support state agency budget requests for monitoring salmon populations, and for studies and management of predation, disease, and other issues that affect WRIA 8 salmon populations. • Support legislation that seeks to improve regulatory protections for areas that are important for salmon habitat, including proposals to define and implement "net ecological gain." • Support efforts to improve existing funding opportunities to support salmon recovery and Puget Sound restoration priorities. • Support legislation and funding requests that promote stormwater management planning, coordination, and implementation at a watershed scale. • Support legislation that prioritizes implementation of natural drainage systems, such as low impact development and green stormwater infrastructure, at the watershed scale. • Support efforts to address effects of climate change on salmon and salmon habitat. 5. Blake decision response • Support additional investments to help cities with the costs created by the changes resulting from the Blake decision on how possession of controlled substances is handled by the criminal justice system including funding to help offset the costs of process criminal conviction vacations and repaying legal financial obligations as well as support for ongoing costs for diversion programs and municipal court impacts. • Support more state investment in alternative response teams, treatment facilities for adults and juveniles, treatment in jails, as well as funding to provide social Packet Pg. 147 9.1.a 2023 Edmonds Legislative Agenda Page 4 of 4 workers, treatment providers and system navigators to help direct people to treatment. • Support clarification regarding the crime of possession of a controlled substance so individuals, law enforcement, and treatment providers can respond appropriately. Revise the current system of two referrals prior to criminal charges so that it can be more effectively administered across the state. 6. Transportation Funding • Identify sustainable, ongoing transportation funding, including Road Usage Charge (RUC), as a revenue source for cities' unique transportation funding needs, with a Q specific dedicated revenue directed to cities. Funding should recognize the unique challenges both urban and rural communities experience and their unique needs MA including funding for maintenance of existing transportation infrastructure. • Support funding and options for cities and counties to create innovative "last mile" J M solutions. N 0 N 7. Funding for arts and the creative economy • Support efforts to create funding sources which support creative businesses and nonprofits abilities to connect communities, particularly youth, with the arts. 8. GMA Planning & permitting • Engage in the GMA reform conversation and look to secure dedicated planning funding in recognition of proposed new responsibilities in areas such as climate change and salmon recovery that cities can support. 9. Behavioral health • Support creating greater access to behavioral health services including substance abuse treatment and dual diagnosis treatment facilities. • Support continued state funding to help communities establish alternative response programs like co -responder programs, diversion programs, and others that provide options beyond law -enforcement for responding to situations with individuals suffering from behavioral health issues. 10. Public safety vehicular pursuits • Support clarification of the ability to conduct vehicular pursuits using a reasonable suspicion standard in order to address concerns about impacts to public safety and allow for effective and safe pursuit of suspects when there is an immediate threat to public safety. Cities will continue to support safety standards and training for officers who engage in vehicular pursuits. Packet Pg. 148 9.2 City Council Agenda Item Meeting Date: 11/22/2022 Resolution on Findings of Fact for the Emergency Interim CG Step Back Ordinance 4278 Staff Lead: Mike Clugston Department: Planning Division Preparer: Michael Clugston Background/History The City of Edmonds completed a subarea planning process for the Highway 99 corridor in 2017. This work involved extensive public engagement, data and design analysis, scenario evaluation, and environmental review. Ultimately this process led to the adoption of the Highway 99 Subarea Plan as an element of the Comprehensive Plan (Ord. 4077), an update to the General Commercial zoning in Chapter 16.60 ECDC to implement the Subarea Plan (Ord. 4078), and a planned action for the Highway 99 Subarea, in accordance with the State Environmental Policy Act (Ord. 4079). In August 2022, a required five-year review of the Highway 99 Planned Action EIS was undertaken. While development in the Planned Action area was found by the SEPA responsible official to be well under the established mitigation thresholds, the adequacy of the original EIS was questioned by some members of the public. There was also some public concern about a design review application for a new 261-unit apartment building on the vacant parcel at the southeast corner of 84th Ave. and 236th St. The concern pertained to step -backs and the interest to require them across the street from single family zoning. On October 4, 2022, Council adopted emergency interim Ordinance 4278 regarding step backs for buildings on sites in the General Commercial (CG) zone that are across the street from single-family (RS) zoned parcels. On November 15, 2022, the Council took public testimony regarding the interim ordinance, within 60 days of adoption as required by RCW 36.70A.390 Staff Recommendation At Council's direction on November 15, 2022, the City Attorney drafted a resolution of findings in support of retaining emergency interim Ordinance 4278. However, staff recommends that Council repeal emergency interim Ordinance 4278. It is clear from information learned since this interim was adopted that Council in 2017 had reviewed and discussed step backs for buildings on sites in the CG zone that are across the street from single-family (RS) zoned parcels but chose to not include that step back language in the code adopted in Ord. 4078. Further, the language in the interim ordinance is not consistent with the 'preferred alternative' language referenced from in the associated EIS (Ord. 4079). The relevant language in the EIS indicates step backs are to be provided from the lot line, not the street setback as indicated in Ord. 4278: EIS (pg 1-7): "Across the street from single family zones provide eight foot stepback for the portion of the building above 25 feet. Provide 16 foot upper story stepback from the lot line for the portion of the building above 55 feet. Packet Pg. 149 9.2 Ord. 4278: "For buildings across the street from RS zones, the portion of the building above 25 feet in height shall step back no less that [sp.] eight feet from the required street setback. That portion of building over 55 feet in height shall step back no less than 16 feet from the required street setback." The difference between the two approaches is significant as can be seen in Exhibit 9. This discrepancy needs to be resolved. If Council does not support retaining Ord. 4278, a separate repeal ordinance would be needed. If the interim ordinance is retained, a final standard must be developed. The final standards must be adopted by April 6, 2023, since the interim standard is only valid for six months, unless a work plan is developed. The Planning Board would work on the permanent standard and make a recommendation to Council who must then decide on the permanent standard. Narrative For additional context, several documents are included with this memo. At the time of the interim adoption, staff's understanding was that step backs for buildings on sites in the CG zone that are across the street from single-family (RS) zoned parcels had not been discussed by Council, and therefore the recommendation for the step back referenced in the associated Planned Action EIS was not included in the revised CG code that was eventually adopted. However, the CG-street-RS step back was discussed several times by Council in 2017 - the minutes from the June 20, July 18, and July 31, 2017, meetings are attached. In fact, Council unanimously adopted the Highway 99 Subarea Plan (Ord. 4077), the General Commercial zoning in Chapter 16.60 ECDC (Ord. 4078), and established the SEPA Environmental Impact Statement (EIS) as a planned action (Ord. 4079) but ultimately did not include the CG-street-RS step back in the revised CG code in ECDC 16.60. Also of note, the December 14, 2016 agenda memo to the Planning Board for their public hearing on the draft Highway 99 Subarea Plan includes the following summary of public outreach up that point: Public outreach on the current project included: - Briefings/discussions with Planning Board and City Council at several public meetings - Meetings with key property owners - Three public open houses - Three mailings about the project and input opportunities: - Flyer # 1 to nearly 2200 addresses - Flyer # 2 to nearly 2200 addresses - Postcard to nearly 2200 addresses - Press releases - News media articles (Beacon, My Edmonds News, City newsletter) - At least two sets of email announcements to people signed up for emails - Meetings with technical advisory committee (including transportation agencies and nearby local governments) - Special City website information (updated on ongoing basis) - Miscellaneous communication with interested parties Attachments: Exhibit 1- Resolution on Retention of Emergency Interim Ord. 4278 Exhibit 2 - Ordinance 4278 - Interim CG Stepbacks Exhibit 3 - 2022-10-04 CC Minutes - Interim Adopted Exhibit 4 - 2022-10-18 CC Minutes - 5yr Planned Action Update Exhibit 5 - 2017-06-20 CC Minutes - CG Step Backs Discussed Packet Pg. 150 9.2 Exhibit 6 - 2017-07-18 CC Minutes - CG Step Backs Discussed Exhibit 7 - 2017-07-31 CC Minutes - Planned Action PH, Step Backs Discussed Exhibit 8 - 2017-08-15 CC Minutes - Approval of Ords 4077-4079 Exhibit 9 - CG setbacks and street step back sketch Packet Pg. 151 9.2.a RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS OF FACT TO SUPPORT THE ADOPTION OF ORDINANCE 4278, WHICH ADOPTED INTERIM SITE DEVELOPMENT STANDARDS FOR THE CG ZONE. WHEREAS, on October 4, 2022, the city council adopted Ordinance 4278, which established interim site development standards for the CG zone; and WHEREAS, Ordinance 4278 took effect on immediately on October 4, 2022; and WHEREAS, the city council held a public hearing on November 15, 2022 to inform its deliberations on whether to leave Ordinance 4278 in place; and WHEREAS, the city council is required by RCW 36.70A.390 to adopt, no later than immediately after the hearing, findings of fact justifying the adoption of Ordinance 4278; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. ADOPTION OF FINDINGS. A. The city council hereby adopts the above Whereas clauses as its findings of fact to support the adoption of Ordinance 4278. B. The city council hereby adopts the following additional findings of fact to support the adoption of Ordinance 4278: 1) Five years have passed since the 2017 adoption of Ordinance 4078, which updated the CG site development standards in accordance with the Highway 99 Subarea Plan; 2) The occurrence of development in the subarea pursuant to those 2017 CG site development standards has allowed for a greater understanding of the massing allowed by those 2017 standards; 3) Some have questioned whether the impact of that massing might be inappropriate in certain portions of the subarea; 4) While those impacts were discussed in 2017 at a theoretical level, it is appropriate to revisit those questions in light of recent development in the subarea; 5) The city council needs more time to evaluate those impacts, while also keeping in mind its previously established goal of encouraging redevelopment in the subarea; and 6) The continued effectiveness of Ordinance 4278 will provide that time. RESOLVED this day of )2022. CITY OF EDMONDS a Packet Pg. 152 9.2.a MAYOR, MIKE NELSON ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. a Packet Pg. 153 9.2.b ORDINANCE NO. 4278 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING INTERIM DEVELOPMENT REGULATIONS FOR THE CG ZONE, DECLARING AN EMERGENCY NECESSITATING THE IMMEDIATE EFFECTIVENESS OF THE ORDINANCE, AND SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE ORDINANCE. WHEREAS, City of Edmonds completed a subarea planning process for the Highway 99 corridor in 2017, which included adopting the subarea plan into the Comprehensive Plan (Ord. 4077), updating the General Commercial zoning in Chapter 16.60 ECDC (Ord. 4078), and establishing the State Environmental Policy Act (SEPA) Environmental Impact Statement (EIS) as a planned action (Ord. 4079); and WHEREAS, the Planned Action EIS included Alternative 2 (the preferred alternative) which included the following language regarding stepbacks for development adjacent to and across the street from single-family zoned property: Upper story stepbacks Adjacent to single family zones provide 10-foot upper story stepback for the portion of the building above 25 feet. Provide 20-foot upper -story stepback from the lot line for the portion of the building above 55 feet. Across the street from single family zones provide eight -foot stepback for the portion of the building above 25 feet. Provide 16-foot upper story stepback from the lot line for the portion of the building above 55 feet; and WHEREAS, while the description of the preferred alternative includes stepbacks for development across the street from single family zones, this was not discussed in the Subarea Plan, included in the mitigation measures adopted in Ord. 4079, or in the updated CG zoning code; and WHEREAS, only the stepbacks for development adjacent to (or abutting) single family zones were included in the mitigation measures and the updated CG zoning code; and WHEREAS, staff is recommending that the city council adopt this emergency interim ordinance to establish upper floor step backs for development across the street from single family zones until additional consideration can be given to whether such step backs should be adopted as a permanent regulation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Interim Site Development Standards. Section 16.60.020 of the Edmonds Community Development Code, entitled, "Site development standards — General," is hereby Packet Pg. 154 9.2.b amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if fully set forth (new text is shown in underline; deleted text is shown in Section 2. Duration of Interim Regulations Adopted in Section 1. The interim regulations adopted by section 1 of this ordinance shall commence on the effective date of this ordinance. As long as the city holds a public hearing on this ordinance and adopts findings and conclusions in support of its continued effectiveness (as contemplated by Section 3 herein), this ordinance shall not terminate until six (6) months after the effective date, unless it is repealed sooner. Section 3. Public Hearing on Interim Standards. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the city council shall hold a public hearing on this interim ordinance within sixty (60) days of its adoption. In this case, the hearing shall be held on November 15, 2022 unless the city council, by subsequently adopted resolution, provides for a different hearing date. No later than the next regular council meeting immediately following the hearing, the city council shall adopt findings of fact on the subject of this interim ordinance and either justify its continued effectiveness or repeal the interim ordinance. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. Declaration of Emergency. This ordinance, being an exercise of a power specifically delegated to the city council, is not subject to referendum. Because it is not subject to referendum, RCW 35A.12.130 applies. Pursuant to RCW 35A.12.130, this ordinance shall take W Packet Pg. 155 9.2.b effect immediately upon passage by a majority vote plus one of the whole membership of the city council. The city council hereby declares that an emergency exists necessitating that this ordinance take immediate effect. Without an immediate adoption of the interim standards described herein, development applications could become vested, leading to the development of property that is not consistent with the city's values and vision for the Highway 99 subarea. Therefore, these interim regulations must be imposed as an emergency measure to protect the public health, safety, and welfare, and to prevent the vesting of building permit applications to other regulations. This ordinance does not affect any existing vested rights. Section 6. Publication. This ordinance shall be published by an approved summary consisting of the title. Section 7. Effective Date. This ordinance is not subject to referendum and shall take effect and be in full force and effect immediately upon passage, as set forth herein, as long as it is approved by a majority plus one of the entire membership of the Council, as required by RCW 35A.12.130. If it is only approved by a majority of the Council, it will take effect five days after passage and publication. ATTEST/AUTHENTICATED: C CLERK, SC TT SSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: APPROVED: l MAYOR MIKE NELSON 3 Packet Pg. 156 9.2.b BY JEFF TARADAY FILED WITH THE CITY CLERK: September 30, 2022 PASSED BY THE CITY COUNCIL: October 4, 2022 PUBLISHED: October 7, 2022 EFFECTIVE DATE: October 4, 2022 ORDINANCE NO. 4278 M Packet Pg. 157 9.2.b SUMMARY OF ORDINANCE NO.4278 of the City of Edmonds, Washington On the 4th day of October, 2022, the City Council of the City of Edmonds, passed Ordinance No 4278. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING INTERIM DEVELOPMENT REGULATIONS FOR THE CG ZONE, DECLARING AN EMERGENCY NECESSITATING THE IMMEDIATE EFFECTIVENESS OF THE ORDINANCE, AND SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE ORDINANCE. The full text of this Ordinance will be mailed upon request. DATED this 41h day of October 4, 2022. i [TY CLER ,!5V PASSEY Packet Pg. 158 9.2.b EXHIBIT A 1 16.60.020 Site development standards - General. A. Table. Except as hereinafter provided, development requirements shall be as follows: Minimum Minimum Lot Minimum Lot Minimum Side/Rear Maximum Maximum Area Width Street Setback Setback Height Floor Area CG None None 5710'2 0715" 753 None Fifteen feet from all lot lines adjacent to RM or IRS zoned property; otherwise no setback is required by this subsection. Z The five-foot minimum width applies only to permitted outdoor auto sales use; otherwise the minimum is 10 feet. 3 None for structures located within an area designated as a high-rise node on the comprehensive plan map. B. Maximum height for purposes of this chapter need not include railings, chimneys, mechanical equipment or other exterior building appurtenances that do not provide interior livable space. In no case shall building appurtenances together comprise more than 20 percent of the building surface area above the maximum height. C. Pedestrian Area. 1. For purposes of this chapter, the pedestrian area described herein is the area adjacent to the street that encompasses the public right-of-way from the edge of the curb (or, if no curb, from the edge of pavement) and the street setback area, as identified in the table in subsection (A) of this section. 2. The pedestrian area is composed of three zones: the activity zone, the pedestrian zone, and the streetscape zone. Providing improvements to the pedestrian area, as needed to be consistent with this subsection on at least the primary street, is required as part of development projects, excluding development that would not add a new building or that consists of building improvements that do not add floor area equaling more than 10 percent of the building's existing floor area or that consists of additional parking stalls that comprise less than 10 percent of the existing parking stalls or that consists of development otherwise exempted under this chapter. a. Activity Zone. The activity zone shall be the open-air pedestrian area from the building front to the edge of the pedestrian zone. The activity zone is the section of the pedestrian area that is reserved for activities that commonly occur immediately adjacent to the building facade. Typical amenities or activities included in the activity zone include, but are not limited to, sidewalks, benches, potted plants, outdoor Packet Pg. 159 9.2.b EXHIBIT A dining and shopping. The area shall be paved to connect with the pedestrian zone in an ADA-accessible manner. Stairs, stoops and raised decks or porches may be constructed in a portion of the activity zone. b. Pedestrian Zone. The pedestrian zone is located between the activity zone and the streetscape zone. The pedestrian zone consists of a minimum five-foot clear and unobstructed path for safe and efficient through traffic for pedestrians. Architectural projections and outdoor dining may be permitted to encroach into the pedestrian zone only where a minimum five-foot clear path and seven -foot vertical clearance is maintained within the pedestrian zone. c. Streetscape Zone. The streetscape zone is located between the curb or pavement edge to the edge of the pedestrian zone and shall be a minimum of five feet wide. The streetscape zone is the section that is reserved for pedestrian use and for amenities and facilities that commonly occur between the adjacent curb or pavement edge and pedestrian through traffic. Typical amenities and facilities in the streetscape zone include, but are not limited to, street trees, street lights, benches, bus stops, and bike racks. Street trees shall be required in conformance with the Edmonds Street Tree Plan. lu a c N Y Y y, W QJ y 81 W C a) C v1 tV ri N rF4 > a Q 0 -,r— 5'min —r 5'.Iao--.r 18--2'w,[ Note: Numerical Ranges for the pedestrian Zone and the Activity Zone are typical but do not control over other requirements o/ this chapter. (Illustration: Pedestrian area) D. Building Step -Back When Adjacent or Across the Street to RS Zones. Packet Pg. 160 9.2.b EXHIBIT A 1. For buildings adjacent to RS zones, tThe portion of the buildings above 25 feet in height shall step back no less than 10 feet from the required side or rear setback to an adjacent IRS ZeRe. That portion of the building over 55 feet in height shall be step back no less than 20 feet from the required side or rear setback to n ojacent RS zeme. 2. For buildings across the street from RS zones, the portion of the building above 25 feet in height shall step back no less that eight feet from the required street setback. That portion of building over 55 feet in height shall step back no less than 16 feet from the required street setback. 32-. Balconies, railings, parapets and similar features that do not enclose an interior space may extend into the step -back area in order to encourage more human activity and architectural features. PS wl� e(wtvip I S'ul1 �w'.11. ivl,l,a,�,awne. (Illustration: Setback and "step -back" of building adjacent or Across the Street to RS zones) Packet Pg. 161 9.2.b EXHIBIT A [Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007]. Packet Pg. 162 9.2.b Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH964449 ORD 4276, 4277, 4278 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 10/07/2022 and ending on 10/07/2022 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount the fee for s h public $51.60. Subscribed and sworn o e me on this ,ram ZL , day of 1 Notary Public in and for the State of Washington. City of Edmonds - LEGALADS 114101416 SCOMASSEY Linda Phillips( Notary Public i(1) State of 1Nash(netoil My kppoin,nen; Expires Si%y%2U25 r Cammission NunrUer e,417 Packet Pg. 163 9.2.b .Classified Proof ORDINANCE SUMMARY of the Cit/ —o dmands, Washington On the 4th day of October, 2022. the City Council of the City of Edmonds, passed the following Ordinances, the summaries of sale nranances consisting of title* are provided as follows. ORDINANCE NO. AN ORDINANCE OF H I ONOS. WASHINGTON, ESTABLSHING DESIGN STANDARDS FOR STAND-ALONE MULTIPLE DWELLING BUILDINGS IN THE 8132 ZONE AND REPEALING ORDINANCE 4255 ORQINANCE NO.4277 AN ORDINANCE OFiq I Y M DS. WASHINGTON. ADOPTING NEW REGULATIONS AND A NEW CHAPTER 17.120 ECDC, ENTITLED-SICYCLE PAR?.GNG FACILITIES'. AMENDING ECDC SUBSECTION 76.60.030.E ENTfTL--D 'PARKING. ACCESS. AND BICYLE STORAGE STANDARDS - AND AMENDING ECDC 22.110,090 WESTGATE MIXED USE HEIGHT BONUS TO BE CONSISTENT WITH THE NEIN REGULATIONS ORDINANCE NO. c278 AN ORDINANCE Or THE CITYOF-b'Oii. UNDS. WASHINGTON. ESTABLISHING INTERIM DEVELOPMENT REGULATIONS FOR THE CG ZONE. DECLARING AN EMERGE4CY NECESSITATING THE IMMEDIATE EFFECTWENESS OF THE ORDINANCE. AND SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE ORDINANCE. DATED this 41h Day of October, 2022 CITY CLERK. SCOTT PASSEY Published: October 7, 2027- EDHWA449 Proofed by Phillips, Linda, 10/10/2022 08:40:41 am Page: 2 Packet Pg. 164 9.2.c EDMONDS CITY COUNCIL MEETING APPROVED MINUTES October 4, 2022 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Vivian Olson, Council President Will Chen, Councilmember Neil Tibbott, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Oscar Antillon, Public Works Director Susan McLaughlin, Dev. Serv. Director Kernen Lien, Planning Manager Mike De Lilla, Senior Utilities Engineer Mike Clugston, Senior Planner Tom Brubaker, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Nelson in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Paine read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. PRESENTATIONS 5. APPROVAL OF AGENDA COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. Council President Olson advised Item 9.1, Updates to Employee Reimbursement Policy, was removed from the agenda and will be brought back on a future agenda. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO ADD A RESOLUTION EXPRESSING SUPPORT FOR THE RENEWAL OF THE STATE BUDGET PROVISO FOR THE RIGHT OF FIRST REFUSAL PRIVILEGE RELATING TO THE OLD UNOCAL PROPERTY THAT WSDOT WILL ACQUIRE ADJACENT TO THE EDMONDS MARSH ESTUARY. Edmonds City Council Approved Minutes October 4, 2022 Page 1 Packet Pg. 165 9.2.c Councilmember Buckshnis explained this is a resolution that will be sent to the State legislature. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson described procedures for in -person audience comments. Becky Chandler, Edmonds, a resident of the Gateway District of the Highway 99 corridor, expressed concern that the Highway 99 subarea plan is insufficient in relation to the proposed 261 unit apartment building proposed in the neighborhood. Passing the emergency ordinance tonight will help address some of the issues, but it will also be important to consider a supplemental EIS to address the shortcomings of the FEIS approved in 2017. The Highway 99 subarea plan provides guidance for ensuring aesthetic appeal; this was identified as particularly important as the Gateway District was expected to incur the greatest change as a result of the zoning revision from multifamily to commercial general. The Terrace Place development is larger than any other recent project in the city, its impacts will be significant, and it is a bigger design challenge since it is not located on SR-104 or Highway 99 like most of the recent developments in Edmonds. She was not aware of any definition of a unique identity that has approved for the Gateway Subdistrict so it is impossible to know if the recent proposals are within the guidance of the subarea plan. A high level of development is occurring that will address housing needs and the Terrace Place is one of several large projects, but they want the development to align with the intent of the Highway 99 subarea and hope the council will give their concerns serious consideration as has been done for other developments in the area. She thanked everyone who has worked on the gateway project, anticipating there is a great opportunity to make it into something special for the Edmonds community. She pointed out tonight is the start of Yom Kippur so there may be people unable to attend the meeting. Shannon Demas, Edmonds, a physician at the Everett Clinic, and a resident of the Gateway District on the Highway 99, thanked the council for including the emergency ordinance for the CG zone on Highway 99 on tonight's agenda and urged the council to pass it. She also requested a supplemental EIS for the Highway 99 Subarea be required for the EIS five-year review. This is important because of the 261 unit apartment building proposed a block away from her single family home and the absence of an opportunity to address the impacts this size building will have on a residential neighborhood. She was unaware when the subarea plan was approved in 2017 or the upzoning the plan included; she moved to the area in 2022. The FEIS for the plan includes assumptions that are no longer relevant or the identified mitigation has not been undertaken or there may be more appropriate mitigations. One of those is related to parks; the lack of parks in the Highway 99 Gateway District is noted in the subarea plan and specific actions were identified to mitigate the deficit. The actions in the plan have not been accomplished to date and the new Terrace Place development with its 261 units adds urgency to address the problem. She moved from the Northgate area to Edmonds to start a family. When she moved into her house, she realized her area was a parks desert and there have been no changes since the plan was approved in 2017 and none in sight. With the addition of the 192 unit building on Highway 99 at 234ti', the lack of parks will be even more acute, even before the proposed Terrace Place apartments are constructed. A supplemental EIS is needed to reexamine the assumptions and conditions in the area and need mitigation. Jenna Nand, Edmonds, an attorney practicing in Edmonds, encouraged the council to view proposed changes to the Highway 99 community where she grew up and has lived in Shoreline and in Edmonds since she was 6 years old through a civil rights lens. This area of town generates the most tax revenue for the City which is not reflected in the way City funds and services are distributed. As a person of color who grew up along Highway 99, she believed that had a lot to do with the demographic makeup of the community and the racial and socioeconomic divide. If the council's posture is that urban sprawl and overdevelopment should be sequestered to the Highway 99 area even though they generate more revenue Edmonds City Council Approved Minutes October 4, 2022 Page 2 Packet Pg. 166 9.2.c than the bowl or any other part of Edmonds, she suggested the city attorney may want to consider whether that is a possible civil rights violation . Glenn Douglas, Edmonds, a resident of the Gateway District of the Highway 99 corridor, thanked the council for including the emergency ordinance regarding the CG zone along Highway 99 on tonight's agenda and urged the council to pass it. He echoed the previous comments regarding the 261 unit building proposed at 236' & 84', noting he lives very close to that very dangerous intersection and frequently hears accidents occur. When the Gateway District was changed to a commercial zone in 2017, the Highway 99 subarea plan, identified mitigation measures to soften the transition between the CG zone and adjacent residential units. In particular, the code was to included stepbacks for buildings 75 feet high when adjacent to or across the street from single family residential buildings. The current code only has stepbacks for the adjacent side and does not include the mitigation cited in the plan for stepbacks when located across the street. The proposed Terrace Place apartments on 84t' & 236t' Street will be across the street from single family residential units and adjacent to 3-story condominiums. The ordinance the council will consider tonight will remedy the omission in the code to help provide the transition to single family that was intended in the subarea plan and identified as mitigation measures in the EIS. He was one of the signatories of the letter sent to council yesterday requesting a moratorium on building permits in the area until this code is reconciled with the subarea plan. Passing the ordinance tonight will address the concerns in that letter and avoid the moratorium that would otherwise be needed. Jack Malek, Shoreline, a realtor with Windermere representing Karen Wiggins in the sale of Sound View Plaza, referred to the original designated street front map and the extension in the BD2 district from mid -block 2nd Avenue south to James Street which he did not feel was appropriate for that street. The buildings in that short segment of the corridor were left off the original design for good reason; the buildings should not be limiting to just office and retail and the southern end of the block is better suited for residential. The Sound View Plaza building has been on the market for two years with no sale or lease; restricting it to office and retail is difficult without extensive tenant improvements. He encouraged the council to leave that segment off the map of the designated street front. Mayor Nelson described procedures for virtual audience comments. Will Magnuson, Edmonds, referred to the development code regarding BD zoning and asked the council to provide their full support to the Architectural Design Board's recommendation for BD2 zoning and require the inclusion of commercial space for any new BD2 development. The core areas of Edmonds including the neighborhoods of downtown, Highway 99, Westgate and elsewhere have evolved to provide more public amenities including entertainment, recreation as well as goods and services for the community. An abundance of these treasured assets provide the synergy required to provide a truly, walkable, vibrant, safe and sustainable community. Slow but steady progress has been made toward the creation of this synergy and more work needs to be done. He liked the convenience of public and commercial amenities within convenient walking distance but more businesses and amenities are needed to provide a sustainable energy in core neighborhoods and communities. The downtown core should remain focused on the community by requiring any new development parcels to include commercial space along Main Street inclusive of parcels to Dayton Street and extending from the waterfront up to the Frances Anderson Center. Mr. Magnuson continued, any discussion regarding commercial development should focus on clarity and reliability to the citizens and community of Edmonds and developers will be fine. During his career in commercial real estate development, he learned to prioritize every development decision toward the user and property management, creating a place coveted by tenants, visitors and community alike while offering a quality project designed and built for long term maintenance and sustainability. This development focus provides a successful project for everyone including developers, bankers, investors, tenants, visitors and neighbors by providing a project which will be a long term asset to the community. Edmonds City Council Approved Minutes October 4, 2022 Page 3 Packet Pg. 167 9.2.c He urged the council to support the ADB's recommendation and implement immediate zoning for all BD2 parcels to include commercial space. Judi Gladstone, Edmonds, said she was unable to be present tonight due to Yom Kippur and appreciated the opportunity to participate online. A resident of the Gateway District of the Highway 99 corridor, she expressed her concern about the 261 unit Terrace Place apartment building proposed in her neighborhood. She urged the council to pass the emergency ordinance on tonight's agenda which will help address some of the issues the building creates, acknowledging the ordinance would not solve everything. The 261 unit Terrace Place development is proposed for the corner of 84" & 2361h Street SW; there is an existing problem with speeding on 84th, a 2-lane very busy road with no sidewalks and 236' is used as the main road to Madrona School with a traffic light at SR-104 but no sidewalks for the students. There are twice as many accidents at the intersection of 236th & 84t' as there are at the intersection of 238t' & 84t''. These transportation issues will be exacerbated by the traffic created by the Terrace Place development. The Hwy 99 subarea plan relies on the City's transportation plan to provide for infrastructure improvements that mitigate the impacts of development; however, the subarea plan EIS focuses on impacts to Hwy 99 and the movement of traffic through intersections along the Highway 99. Ms. Gladstone continued, it is insufficient to address the impacts to the residential neighborhoods in the district. The assumptions and mitigation regarding transportation and pedestrian safety should be reconsidered in the FEIS five-year review that the council pulled from the agenda in August. This issue, along with others, warrant requiring either a supplemental EIS or a change to the mitigation in the subarea plan. To have any impact on the development, the council must act quickly before the building permit application is filed. Like many of her neighbors, she was unaware the area was upzoned from multifamily to general commercial in 2017. If she had been asked then if she wanted a 6-story, 261 unit building across the street from single family residents, it would have caught her attention. She assured if the council undertook a review of the plan and EIS, they would surely get more engagement from the neighborhood. Ken Reidy, Edmonds, recalled a council comment that Item 9.1 had been removed from the agenda. He was unsure why the council didn't vote to amend the agenda after the council meeting started, noting there was no 9.1 on the online agenda. He suggested considering that and voting when the agenda is amended. Chapter 20.70 ECDC establishes the procedure and criteria that the City will use to decide upon vacations of streets, alleys and public easements. The City code expressly states the City vacates public easements. ECDC 20.70.060.G states an appraisal is not required if a utility easement only is proposed to be vacated. Despite this, the City has required an appraisal and can release the utility easement under State law RCW 35.94 which says nothing about the release of a utility easement, and does not include the word release or easement. RCW 35.94 talks about releasing or selling public utility works, plants or systems owned by the City. Resolution 1375 states the City releases all ownership interest in the stormwater facilities located upon or within the vacated 92" d Avenue Street right-of-way as well as the stormwater facilities located through the Westgate Chapel property at 22901 Edmonds Way. Westgate Chapel shall acknowledge in writing that upon vacation it shall assume ownership and maintenance responsibilities for these facilities. Mr. Reidy asked whether a private party can assume ownership of public assets, public stormwater facilities located outside the street that was vacated. It had nothing to do with the street that was vacated but the City acted as if the applicant could assume ownership of stormwater facilities before the City ever talked about whether the stormwater facility assets were surplus to the City's needs and comingled two very different things into one legislative action. There is no denying that Resolution 1375 exists, the 2016 city council adopted the resolution on November 15, 2016 with City Attorney Jeff Taraday in attendance. He encouraged the council to form a citizen taskforce to review the historical conduct of city attorneys and recommend how the City should obtain and manage legal advice. He urged the council not to co - mingle two different legislative outcomes into one vote later tonight. If the council wants to vote on Edmonds City Council Approved Minutes October 4, 2022 Page 4 Packet Pg. 168 9.2.c something as if it is an emergency, the council should vote and if the emergency vote does not pass, there should be a second motion to pass it as a regular ordinance instead of co -mingling it. Kevin Smith, Edmonds, Economic Development Commissioner but speaking as a citizen, local business owner and CPA regarding the BD2 zoning and proposed agenda item, said the joint meeting between the planning board and EDC overwhelmingly favored extending the designated street front requirements to the entire BD2 zone and recommended addressing the long term zoning in the 2024 comprehensive plan. He supported doing that because, first, in his professional capacity as a CPA, he speaks with business owners daily. A consistent theme he hears in Edmonds is the lack of available retail space in the downtown core because as soon as retail -oriented space is opened, regardless of the configuration, it is leased. Businesses want to locate in Edmonds, new businesses and industries move in and the City is rapidly growing as a result. Second, commercial office buildings such as services are moving at a different pace. The City needs to be careful and not have a kneejerk reaction to point in time circumstances. The governor's emergency declaration is still in place and shifts back to in -office work have been slow to occur. Additional commercial office leases are often 5-10 years old so a combination of the pandemic and lease -locked businesses has likely led to a lack of mobility in commercial office space. It would behoove the City to look toward the 2024 comprehensive plan as an ideal time to address the core long-term strategy as it will allow two years of post -pandemic economic activity to inform decisions. Mr. Smith continued, third, the downtown core has been rapidly growing over the last decade; his biggest concern was shutting out business growth through zoning changes. The inevitable consequence of such action is reducing areas for businesses of all types to locate. Fourth, major attractions will open next year, Civic Park and Main Street Commons. These will undoubtedly change consumer and commercial patterns and create new visitors and new desirability for the downtown area. Understanding those impacts needs to be considered with major changes to the zoning. He summarized major changes to the zoning structure should not be made in a vacuum and should be address through a broad process with heavy public involvement and the use of post -pandemic data. The 2024 comprehensive plan is the right move. He assured this was not an anti -housing position; housing is important and needs to be a focus area. He personally believed the most vibrant developments were those with a strong mix of commercial and residential; while it may not be the most profitable to the developer, it [inaudible] pencil out or in the best interest of the City. Deborah Arthur, Edmonds, thanked Mayor Nelson for his speech and expressed appreciation for what he is doing. She agreed with the previous comments about the downtown zone. She urged the council to be careful about zoning on the hill; residents are proud of their neighborhoods and do not want 5-story buildings across the street or in their backyards either. Edmonds does not need to be like other cities; for example, Seattle is having a lot of problems like the recent shooting in Crown Hill. She urged the City to keep Edmonds the same as much as possible. She understood progress was inevitable to a point but attention needs to be paid to the entire City, not just the bowl but everywhere. She noted 84t' isn't the only place with speeding problems, people drive down 80t' 60 mph day and night and she hasn't seen a turn signal in five years. There were campers in vans on 80t' last night, but she did not call the police because she didn't want to bother them. 7. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FROM JEFFREY JOHNSON AND KATHLEEN BARRETT 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONSENT AGENDA. Edmonds City Council Approved Minutes October 4, 2022 Page 5 Packet Pg. 169 9.2.c Councilmember Tibbott observed 0.75 parking spaces per unit for bicycles sounded like a lot; in a 200 unit complex, that would be 150 spaces for bikes. He asked where staff envisioned those spaces would be, whether it would be in a parking garage, on the roof, etc., and how much space it would require. Mr. Clugston answered this requirement is consistent with surrounding jurisdictions. Typically most bike parking will be internal to the building, probably associated with a parking garage or divided into storage spaces by floor. There are different ways to meet the standards, but he envisioned it would be primarily inside the building. Councilmember Tibbott said he could see this applying to multifamily buildings close to transit and where there are bike lanes where people can ride a mile to access transit, but it is difficult to bike in other places in the City. He asked if it would make sense to stratify where to require 0.75 bike storage spaces per unit. Mr. Clugston answered he did not think so, the benefit is it applies equally everywhere. As bike infrastructure is extended, more people will be using e-bikes as an option. He acknowledged the Main Street hill was difficult on a bike, but it is much easier on an e-bike and the use of e-bikes is increasing. Councilmember Tibbott commented the requirement is forward looking and could be change if the spaces are not utilized the way they are anticipated to be used. He envisioned it would be very useful for multifamily close to transit and also a desirable amenity for the residents. UPON ROLL CALL, MOTION CARRIED (5-0-1), COUNCILMEMBERS TEITZEL, CHEN, TIBBOTT AND PAINE AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBER BUCKSHNIS ABSTAINING. 4. CG EMERGENCY INTERIM ORDINANCE Development Services Director Susan McLaughlin acknowledged the public for bringing this forward. Staff is in alignment with the sentiments expressed and relayed other interests in the planned action will be discussed on October 18'. Tonight is an opportunity to talk about the CG zone stepback as discussed in the subarea plan, EIS and the corresponding planned action ordinance. Planning Manager Kernen Lien reviewed the CG Zone Stepback: • Highway Subarea Planning o Subarea Plan (Ordinance 4077) ■ Adopted by reference in the City's comprehensive plan o Updated Chapter 16.60 ECDC (Ordinance 4078) ■ CG Zoning o EIS and Planned Action (Ordinance 4079) o VISION 2040 Award from the Puget Sound Regional Council • Existing Stepback Regulations - ECDC 16.60.020.1) o Building Step -Back When Adjacent to RS Zones. ■ 1. The portion of the buildings above 25 feet in height shall step back no less than 10 feet from the required setback to an adjacent RS zone. That portion of the building over 55 feet in height shall be step back no less than 20 feet from the required setback to an adjacent RS zone. • Highway 99 Subarea Plan o Recommendation 6.8 ■ Upper Floor Stepback - Zero upper floor stepback up to 25 feet in height (30 feet is the maximum height in RM 1.5, which is the predominant zone surrounding the commercial zones on Highway 99) Edmonds City Council Approved Minutes October 4, 2022 Page 14 Packet Pg. 170 9.2.c - Minimum 10 feet stepback above 25 feet in height on sides with lot line adjacency to single family zones. The portion of the building above 55 feet in height shall be stepped back at least 20 feet from a residential zone boundary. - Stepback areas can be used for active outdoor space such as balconies. Planned Action Mitigation Measures o ...the Planned Action stepback standards provide for transitions in building height and bulk between portions of the subarea zoned for the highest intensity uses and adjacent single family zoned areas. o ...the Planned Action stepback standards will mitigate for land use incompatibilities in areas where the updated CG zone abuts single family zones o The proposed Subarea Plan includes policy language in support of the proposed stepback development regulations, which are intended to help mitigate for potential land use conflicts around the edges of the subarea Environmental Impact Statement - "adjacent to" o Proposal: Adoption of amendments to development standards to implement the Subarea Plan, including... ■ Upper story stepbacks adjacent to single family zone o Impacts of Alternative 2: The proposed development regulations include new upper story stepback standards in areas adjacent to single family zones to provide transitions in building height and scale. o Mitigation measures: Under Alternative 2, the proposed new stepback standards would mitigate for land use incompatibilities in areas where the updated CG zone abuts single family zones, when combined with the City's remaining existing development and design standards. Environmental Impact Statement - "across the street" o Alternative 2 - Preferred Alternative: Across the street from single family zones provide eight -foot stepback for the portion of the building above 25 feet. Provide 16-footupper story stepback from the lot line for the portion of the building above 55 feet. o Areawide Rezone: For uses across the street from single family zones, the standards call for similar setbacks of 8 feet for portions of buildings 25-55 feet in height, and 16 feet for portions of buildings above 55 feet. o Comp Plan Consistency: ... the Preferred Alternative would encourage development to the fullest extent possible while ensuring that design qualities and amenities enhance the overall character and quality of the Corridor, including upper story stepbacks for buildings adjacent to or across the street from single family zones. o Mitigation Measures: The proposed Subarea Plan includes policy language in support of the proposed stepback development regulations, which are intended to help mitigate for potential land use conflicts around the edges of the subarea. Proposed Interim Amendment ECDC 16.60 2. For buildings across the street from RS zones, the portion of the building above 25 feet in height shall step back no less than eight feet from the required street setback. That portion of building over 55 feet in height shall step back no less than 16 feet from the required street setback. Edmonds City Council Approved Minutes October 4, 2022 Page 15 Packet Pg. 171 9.2.c VWi en.Na,k • Recommendation o Adopt emergency interim ordinance o Council public hearing within 60 days o Complete review of Planned Action at October 18 council meeting Ms. McLaughlin said there was commentary that a mitigation measure was missed. In reviewing this issue, although it was discussed, mitigation measures in the EIS were not explicit about the across the street requirement and staff agrees that needs to be fine-tuned. There used to be a transitionary zone that helped to mitigate the blunt line between CG and single family; the stark transition requires the stepback across the street from these larger scale buildings. Councilmember Chen thanked staff for bringing this forward. He agreed there was a disconnect between the City code and the EIS, the fact the code did not address the stepback requirements for development across the street from single family zoning. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO ADOPT AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING INTERIM DEVELOPMENT REGULATIONS FOR THE CG ZONE, DECLARING AN EMERGENCY NECESSITATING THE IMMEDIATE EFFECTIVENESS OF THE ORDINANCE, AND SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE ORDINANCE Councilmember Teitzel asked what happens if development occurs west of Highway 99 in Esperance; for example, would these rules apply if there was a 260 unit building built across the street from a single family neighborhood in Esperance. Ms. McLaughlin answered the City's zoning code does not apply in Esperance. If the multifamily building was in Edmonds and Esperance was across the street, the ordinance would apply. Mr. Lien agreed, it states across the street from single family zones. Councilmember Paine said she was glad to see this, recalling there were several requests last week and this week requesting a supplemental EIS be performed. She asked if there would be time to do that, specifically on the topic of traffic and stormwater impacts. Ms. McLaughlin answered details associated with the EIS and the validity of requiring additional environmental analysis will be provided on October 18th. Councilmember Buckshnis said she also has issues with updating the EIS and will wait for the information to be provided on October 18t1i. She thanked staff for the packet which she found very informative. Mr. Lien pointed out the emergency ordinance includes a blank to insert the date for the public hearing. It was agreed to schedule the public hearing on November 15t1i. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes October 4, 2022 Page 16 Packet Pg. 172 9.2.d EDMONDS CITY COUNCIL MEETING APPROVED MINUTES October 18, 2022 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Vivian Olson, Council President Will Chen, Councilmember Neil Tibbott, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Whitney Rivera, Municipal Court Judge Dave Turley, Administrative Services Director Oscar Antillon, Public Works Director Susan McLaughlin, Dev. Serv. Director Kernen Lien, Planning Manager Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 7 p.m. by Mayor Nelson in the Council Chambers, 250 5t' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Nand read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Mayor Nelson described procedures for in -person audience comments. Glenn Douglas, Edmonds, a resident of the Gateway District of the Highway 99 corridor, said traffic and pedestrian safety issues were inadequate addressed in the final EIS for the Highway 99 subarea plan. The area around the largest development ever proposed for Edmonds, 236t1i & 84t'', has serious traffic and Edmonds City Council Approved Minutes Q October 18, 2022 Page 1 Packet Pg. 173 9.2.d pedestrian issues. In addition, 236t1i is the main road to Madrona School and he anticipated there would be a lot of children in a 261 unit apartment complex in addition to the complex being built behind the Lutheran Church. There are no sidewalks; he does not even walk his dog on that road because it is dangerous. The speed limit is 25 mph but no one goes 25. There is a light at SR-104, but if his child was attending Madrona, he would not want them crossing a five lane highway to reach the school. Adding 1,000 people in the four new buildings that are either proposed or completed to their neighborhood of a few hundred people will have a major impact. He did not feel the subarea plan evaluated the traffic situation, the impact of pedestrians, lack of space, no curbs, etc. that create a dangerous situation. He recalled voicing his concerns about 84t'', the street he lives on, to the council in the past. Speeding has been a horrible problem; Traffic Sergeant Strum was at the end of his driveway recently citing drivers, but that only lasted about two days because as indicated by the police blotter, another problem in the Highway 99 subarea and neighborhood is rampant crime. Becky Chandler, Edmonds, a resident of the Gateway District of the Highway 99 corridor, requested the council provide thoughtful consideration of the Highway 99 subarea in the same spirit it has considered development in other parts of the City such as the Bowl. The Highway 99 subarea plan was developed to encourage economic growth to benefit from the revenue stream generated via upzoning the area. She supported having Highway 99 commercial development and the need for more housing in the area; however, the disproportionate impact is notable. The Growth Management Act has been amended to specifically require consideration of racial disparity impacts and displacement, specifically areas that may be at higher risk for displacement from market forces that occur with changes to the zoning and development regulations and capital investments. Prior to the planned action, the Highway 99 corridor was identified as a moderate risk for displacement; all other areas of Edmonds are identified as low by the Puget Sound Regional Council. Ms. Chandler continued, displacement risks have intensified due to the effects of the pandemic, the light rail and planned action which significantly increased property values in the area. There is significant new information with the changes to the GMA and specific to the Highway 99 area that result in probable significant adverse impact that should be addressed in the supplemental EIS. The vision of the subarea plan was for 3-4 story apartment buildings and 5-6 story mixed use buildings, yet developments proposed in the Gateway District are not in keeping with that vision and there is no way for residents in adjacent neighborhoods to interject in the development process because approval of the subarea plan initially circumvents that option. Requiring a supplemental EIS at this time or a moratorium on building permits is a way to bring the Highway 99 communities together such as the moratorium in the BD2 district the council imposed while considering community input of specific development. Judi Gladstone, Edmonds, a resident of the Gateway District of the Highway 99 corridor, commented on the 5-year review of the Highway 99 subarea plan FEIS and the opportunity the council has to address inadequacies in that document. When the council adopted the FEIS in 2017, the ordinance included a provision that requires a 5-year review that could result in the council proposing amendments to the ordinance or requiring a supplement or revision to the planned action EIS. Although staff s review indicates there is no reason to recommend any council action, there is good reason to do so. The EIS was inadequate at the outset because it did not include consideration of adequate alternatives. Comparing the no action alternative is a requirement of SEPA which means the only real alternative was the preferred alternative. In addition to the alternative to upzone the entire area to commercial general, there could have been alternative to leave multifamily zoning where it is adjacent or across the street from single family residential zones. The planned EIS contained mitigations intended to create transitions between the commercial general zone and single family zones for those portions in the upzone, but those mitigations are insufficient to address the disparity between building heights and densities allowed in the commercial zones and single family homes. Edmonds City Council Approved Minutes Q October 18, 2022 Page 2 Packet Pg. 174 9.2.d Ms. Gladstone continued, the action to approve the emergency ordinance two weeks ago that put into place the stepbacks indicated in the EIS but not included in code was a really good step in remedying the inadequacies of the mitigations for the upzone, but more is needed to allow development in those areas to follow the recommendations of the comprehensive plan for developing uses adjacent to single family areas. She read from page 64 of the comprehensive plan regarding the Highway 99 corridor, "New development should be allowed and encouraged to develop to the fullest extent possible while assuring that the design quality and amenities provided contribute to the overall character and quality of the corridor. When intense development adjoins residential areas, site design and building design should be used to minimize adverse impacts on residential zoned properties." One of the reasons for adopting an action plan is to streamline development; but in doing that, the communities most impacted by that development have no avenue for providing input about how well the development is accomplishing the recommendations of the comprehensive plan. While she supports the staff recommendation that the City should look at the development review process for projects within the commercial zone, that will be too late for developments already proposed that could have long term, significant negative impacts on nearby single family neighborhoods. Council action is needed now. Amy June Grumble, Edmonds, a homeowner on 236t' Street SW and parent of two children under the age of six, wanted to add perspective on existing traffic and pedestrian safety issues which will only be accelerated by the proposed Terrace Place development unless appropriate measures are taken to mitigate. In addition to the problem of school -aged children including her own who use their street to access school bus stops at the east end and Madrona Elementary at the west end and the fact that their road becomes particularly busy with school buses and parent vehicle during morning drop-offs and afternoon pickups, there are at least two additional groups impacted by these safety issues. First elderly, low income, and other carless residents who must regularly access the Aurora Marketplace Safeway and other shopping resources on foot. Second, commuters and particularly disabled residents who need to access public transit such as the Swift buses on Highway 99 and the Community Transit 115 bus stops at the intersection of 236t' & 84t' Avenue West where the development is proposed. Due to narrow or non-existent shoulders, street parking, drainage ditches and inclines, several segments of these roads cannot be passed without crossing the white line to literally walk in the street. This is also dangerous for parents with stroller -aged children and even worse during rainy months when the few existing dirt paths are blocked due to standing water. The intersection at 236th Street SW & 84t' Avenue W has several low visibility corners, no crosswalks, few safe places to stand and drivers do not stop for pedestrians. Finally 236t' Street between Highway 99 and Edmonds Way is regularly used by heavy 18-wheeler trucks as a shortcut to the Safeway loading dock. These trucks are moving fast to keep on schedule and have limited visibility for close -by pedestrians and access this road at all hours of the day and night. Pedestrian access in this area is already dangerous and the risk falls disproportionately onto low income, elderly, and disabled residents and minors. She requested the council take action to address these deficiencies in the FEIS Highway 99 subarea plan before an already risky situation becomes even more serious. Mayor Nelson described procedures for virtual audience comments. Natalie Seitz, Edmonds, referred to the Highway 99 planned action five year review, commenting she could talk for hours on the subject. She was frustrated reading the final EIS that reviews the EIS. No action alternatives were considered other than the planned action, no public involvement in mitigation with only two comment letters from Community Transit and a real estate agent. She was frustrated that in the cursory review she could easily identify more than a half dozen ways in which the WAC criteria have been met to do a supplemental EIS. She was equally frustrated by the certainty that additional impacts are occurring that could be identified by a scoping process with this community. She was frustrated that park mitigation commitments made in chapter 1 of the FEIS are negated in Ordinance 4079 and disregarded by the City as identified in attachment 6. She was frustrated that the FEIS did not conclude that siting any amount of growth in this area prior to park development would be a significant, unavoidable adverse impact. The level Edmonds City Council Approved Minutes Q October 18, 2022 Page 3 Packet Pg. 175 9.2.d of service thresholds used in the FEIS or newly adopted ones in the PROS Plan are both exceeded. This is incontrovertible, not a matter of opinion, this area is being significantly impacted. On May 25th, she commented to council asking the City to "please perform outreach and engage the SR-99 community in the SEPA responsible official review of the EIS and upzone." Outreach did not occur and the City did not inclusively advertise or meet with the broader community and only agreed to meet with her after the determination was made. Ms. Seitz continued, meeting with her or any member of the public does not matter if the City is only willing to do it after the determination is made. She was frustrated the memo provided by the City does not include any discussion of the WAC triggers for a supplemental EIS to be performed. The memo and supporting documents discuss vague concepts of the City's intent and consistency with the FEIS that is wholly inadequate and does not meet the current code requirements. She was frustrated the memo avoids any discussion of changes to the significance of impacts which trigger for the SEIS. People will not stop being displaced; developers will not stop proposing high density, inclusionary housing even though the utilization clearly demonstrates that the threshold will be exceeded without the commercial redevelopment. She cannot take her children to the imaginary park of the City's intent. Simply put, the code does not care about the intent; it cares about impact. A supplemental EIS is required and concrete commitments to community - driven mitigation are needed now. She supports growth that supports all income levels; this is about people being displaced and unhoused, about the environment, resources and equity. She urged the City to commit to undertake a scoping process and a supplemental EIS. Nate Sugg, Edmonds, a resident of the Gateway District near the Highway 99 corridor, encouraged the council to engage in a supplemental EIS related to the Highway 99 subarea plan. Highway 99 can and will accommodate much of the population growth coming to Edmonds in the near future and many are fine with that, but want to ensure that future development's impact on traffic and pedestrian safety, access to safe places for kids to play, and access to safe drinking water are adequately considered. With regard to park space, this area is a park desert; there are no parks within walking distance. His 2'/2 year old loves slides, but there are no public parks they can walk to. The actions identified in the original subarea plan mitigate that park deficit have not been implemented and since those original considerations were made, the City adopted a new level of service related to community and neighborhood parks. With regard to the proximity to park resources, those standards are not included in the EIS because they were adopted since the EIS. The use of outdated standards is another reason for a supplemental EIS that looks at the adoption of park level of service. Second, their neighborhood recently learned that Olympic View Water & Sewer District plans to install a new well on 228' Street and have a wellhead protection area that will span across Highway 99. Redevelopment on Highway 99 in that area relies on deep underground injection control wells, a specific type of well for stormwater management, that can impact drinking water for Edmonds residents. That project is not within the scope of the current EIS, a change in circumstances that would support a supplemental EIS. He asked the council to take action to allow a supplemental EIS to consider new information that will assist in determining appropriate mitigation for new development. A supplemental EIS will appropriately reexamine the assumptions about conditions in the area and needed mitigations for those conditions. Ken Reidy, Edmonds, acknowledged great audience comments that were being made. Olympic View Water & Sewer's franchise expired in 2014; he encouraged the council to check if the franchise had ever been updated and is in place. He encouraged the council to form a citizen taskforce to review the historical conduct of city attorneys and recommend how the City should obtain and manage legal advice as well as allow a citizen taskforce to play a role in the update of Chapter 2.05 ECC. The proposed updates to Chapter 2.05 ECC in tonight's packet will once again result in new inconsistencies in city code. Regarding the BID, a collection letter written by Lighthouse Law Group claims that state statute allows cities to establish a BID either by petition from business owners within the BID boundaries or by resolution from the legislative authority of the City. It was his understanding the state statue allows cities to initiate a BID process either Edmonds City Council Approved Minutes Q October 18, 2022 Page 4 Packet Pg. 176 9.2.d by petition from business owners within the BID boundaries or by resolution from the legislative authority of the City. The word "initiate" is very different from establish. Furthermore, the BID of downtown Edmonds was not established by resolution; it was established under Ordinance 3909. Mr. Reidy continued, the City of Seattle represents the following, as provided in RCW 35.87A.010, the City will consider establishing or modifying business improvement areas when presented with a petition by those who represent 60% or more of the total assessment in the proposed BIA. The 60% approval threshold represents a super majority in favor of an initiative and indicates rate payer support for an assessment. A major legal case related to the state statute, City of Seattle v. Rogers Clothing for Men, included the following: the ordinance was enacted pursuant to authority provided by RCW 35.87A in accordance with that chapter, RCW 35.87A.0101, a petition has been signed by more than 60% of the businesses within the designated business improvement area. He questioned whether the Edmonds BID was legally established and hoped a thorough investigation will be conducted. If BIDs can be established without a petition, he requested the City inform all in Edmonds that the council has the ability to establish a special BID assessment without ratepayer support for the assessment. Liz Brown, Edmonds, a business agent for Teamsters Local 763, the labor union representing the City's parks and public works employees, explained the labor contract with the City expired December 2020 and it was agreed to extend the contract another year during the COVID shutdown. The first bargaining session for a new contract was held on November 18, 2021. Now, almost a year later, there is still no contract. In fact, only in their last meeting on September 27 did the City finally provide a full proposal on wages. One issue they continue to struggle with is the lack of internal equity between the City's white collar employees who work from home and their members, the City's blue collar workers who report to work in person every day as they have throughout the pandemic except for a brief period in 2020 when the City did not have enough protective gear in supply. Remote work is an economic benefit; an article on Salary.com estimated cost savings for employees of about $4,000/year. Another article in August from HR Reporters surveyed remote workers who estimated their annual savings at around $5,000 or more/year. Ms. Brown continued, the City's remote workers save money on gas and car maintenance while their members drive to work. When one of the City's remote employees gets COVID, they work from home and do not have to use sick leave or vacation. When one of their members tests positive for COVID, they must stay home and use leave. If the child of a remote worker gets sick and has to stay home from school, the remote employee is already at home with them; their members must use a day of sick leave to stay a home with their child. They have urged the City to acknowledge and account for the fact that remote workers enjoy economic benefits not offered to the employees who tend the City's parks, cemetery, streets, water and sewer system, and who operate the WWTP seven days a week. They understand remote work will be part of the workplace moving forward; at the same time, employers must make an effort to address the inequity between those who can work from home and those who can't. Arguing that it doesn't exist will only lead to further divisiveness among the workforce and between the City and its employees. Lora Petso, Edmonds, said she was not speaking as a Olympic View Water & Sewer District commissioner or a member of the Washington State Public Works Boards but as a citizen of Edmonds who has way too much knowledge of the effects of PFAS contamination on both humans and fish. She also has a recently heightened understanding of the need for climate resilience and environmental justice. She requested the council require a new SEPA for the Highway 99 subarea based on significant changes since 2017 including those mentioned earlier and including, but not limited to, increased knowledge of PFAS contamination and the effect on people and fish, designation of two wellhead protection areas in the Highway 99 planning area since the original SEPA in 2017, and recognition that the City's CARA regulations are not adequate to protect wellhead protection areas or fish. She requested the council overrule the staff recommendation to do nothing and request a scoping and supplemental EIS for the Highway 99 plans. Edmonds City Council Approved Minutes Q October 18, 2022 Page 5 Packet Pg. 177 9.2.d for the assistant court administrator position. With regard to workload, it depends on how it is measured. There has been a lot of work coming out of COVID with the Washington Supreme court emergency order about to go away and the pause on infraction failures to appear. There are different ways to measure workload such as number of cases or number of hearings. For example, she had six cases on this afternoon's docket but it took hours. Once the assistant court administrator position is filled, the court will be properly staffed to handle the work that comes through Edmonds Municipal Court. Councilmember Chen recalled Ms. Maylor's response to his email that there were 5,000 new cases in 2021 and 1,000 in 2022, which is a significant drop in the number of cases, yet the department's budget has doubled. Judge Rivera said case filings is one way of tracking workload. The court processes cases they get; it is interesting to look at trends, there are peaks and valleys. If someone pled guilty to domestic violence or driving under the influence today, they potentially would be on probation through 2027. A lot of what they do in community court is providing services to people on probation who may be struggling, it is not just pending cases. She agreed the case filings are projected to be lower in 2022 than in 2021. Mayor Nelson declared a brief recess. 4. HIGHWAY 99 PLANNED ACTION FIVE-YEAR REVIEW Development Services Director Susan McLaughlin explained this plan review was written into the legislation and anticipated. Staff thoroughly reviewed the planned action mitigation measures and will report on compliance with the planned action and status of development. She recognized the significant amount of public comment and she appreciated the diligence about understanding the nature of development that is occurring, questioning how it fits into the environmental review; staff will review and offer assurances on each of those aspects from traffic to parks to ensure the initial issues outlined the in EIS are acknowledged and still moving forward consistent with what was required by the EIS and mitigation measures, both the private development community as well as public investments. Ms. McLaughlin explained the intent of a planned action is to offer transparency to the public about what is anticipated from development along a corridor that was upzoned to a zone that will accept higher levels of density, particularly housing given the City's housing needs. It also gives developers some assurance, a level of confidence to make those large scale investment in larger apartment buildings that are being constructed in the corridor. It is also to leverage public investment, putting private and public investments in the same area increases livability. Although mitigation measures cannot address existing deficiencies, they can shape in a beneficial ways the neighborhoods along the Highway 99 corridor. It also leverages private investment not only in the realm of housing but sidewalks and walkability via frontage improvements to add to the walkability network, sidewalk network and improves safety at intersections. That is all in accordance with the anticipated impacts. There has been a negligible amount of development compared to what was anticipated under the planned action. There are nowhere near the cumulative impacts anticipated or mitigated against. Planning Manager Kemen Lien reviewed: • Highway 99 Subarea Planning Process o Subarea Plan (Ordinance 4077) o Updated Chapter 16.60 ECDC (Ordinance 4078) o Environmental Impact Statement & Planned Action (Ordinance 4079) o Won VISION 2040 Award from the Puget Sound Regional Council • What is a Planned Action SEPA? o Designating specific types of projects shifts environmental review to an earlier phase o The intent is to provide a more streamlined environmental review process at the project stage by conducting a more detailed environmental analysis during planning Edmonds City Council Approved Minutes Q October 18, 2022 Page 17 Packet Pg. 178 9.2.d o Early environmental review provides more certainty to applicants with respect to what will be required and to the public with respect to how environmental impacts will be addressed o Designation of planned action projects does not prohibit the city from placing conditions on a project; it only addresses procedural SEPA requirements Planned Action Thresholds and Mitigation Measures o Development Thresholds ■ Number of Residential Dwelling Units — 3,325 Units ■ Square Footage of Non-residential Uses — 1,634,685 square feet ■ PM Peak Hour Trips — 2,755 Trips o Mitigation measures are largely a mix of policy, code amendments and specific projects o Mitigation measures identified in EIS and attached to the Planned Action Ordinance ■ Incorporated Plan Features ■ Regulations and Commitments ■ Other Mitigation Measures Planned Action Monitoring and Review o Ongoing: Monitor progress of development to ensure it is consistent with the assumptions of the planned action, the amount of development and associated impacts and mitigation measures o August 2022: Five-year review of assumptions and findings with respect to environmental conditions in the Planned Action area, the impacts of development, and required mitigation measures Monitoring and Tracking o Projects reviewed at application with Planned Action Checklist o Review based on application materials and SEPA Checklist o All projects tracked in Highway 99 spreadsheet o Additional SEPA review required if project impacts and/or mitigation not in Planned Action Planned Action Projects and Thresholds Planned Status Remaining until BLD Measure Action threshold Threshold Issued Proposed exceeded Land Use New square 1,634,685 14,125 1,389 1,619,171 Non-residential, including office, footage of retail, service and building area medical/healthcare uses Residential Number of new 3,325 319 313 2,693 dwelling units Transportation Peak PM Trips 2,755 80 126 2,549 • Enviromnental Conditions Changed? o Detailed in Subarea Plan ■ Land Use Pattern ■ Housing ■ Transportation ■ Economic and Market Trends o Changes in existing conditions limited to plan implementation ■ Zoning change ■ Transportation projects ■ New development Edmonds City Council Approved Minutes Q October 18, 2022 Page 18 Packet Pg. 179 9.2.d WRRENI2CINlNG r.G7-cererar Commernal2 CG General Carrm 1 RN -Nelghhorhmd! Buwress sc•L:ommr Lytiuv— Asa - single Fanvly_ gmo- sq fi W RM-3 - M.74.wrty, 3,000 m. It ■ RM-2A Uulafamily, 2,400 sq. F ■ RM-1.5- vultdamdy, 1.5pp sq. ft ■ MIJ • 7vleditw me . P-PWIIC Vse R ECO MMEN RE O 2DN1HG BN • Nci~ood Bus— . K - DOnxn4nay 1941 ^^ f156 sin*Fa 47,8Ao0cv f' {� P1d-3-MaiFan•aly-3.=sq r- ■ El,S-2 4 - iluhilarnl!y, 21DOP sq. ■ RKW 5-kounilamily, 1 500 sq. F ■ id0-Medt iuse ■ P R.blic Lh. Impacts of Development? o Twelve projects: ■ One expired ■ Four projects completed ■ Three currently under construction ■ Four under application review o Impacts as envisioned and mitigated Pwjae[ Project status Penrod 'I, Add— Naw square footage of building area {non- uses) ', Number of new , dwelling units Peak PM Trip,residential Generated GEE Apartments :BLD Issued PLN20180060 '123326 Highway 99 0 192 83 CHC Addition BLDFneled PLN20190029', 23320 Highway 99 7,000 0 13 Edmond 5enior Living ;Expired IPLN20190013 ', 212D072nd Ave.W Boug's Mazda -ice ;BLD Fnaled BLD20191272 ',22133 Highway 99 13,659 0 19.7 Doug's Hyundai showroom addn/remodel !BLD Finaled BLD2019C120 22130 High—V 99 12,542 0 1.27 Behar remodel !BLD reeled IIBLD20171452 122019 Highway 99 -94 0 -2 Better Bellevue Townhomes I BLD Applied PLN20180058 18029 238th St SW D 3 1 Apoll o Apartments ;BLD Applied PL1,120200043 i:23601 Highway 99 -26,290 252 76 Anthology Senior Living ;BLDlssued IPLN2021-MO4 ', 2120072nd Ave. W 14,125 127 -3 Terrace Place Apartments ;Proposed IPLN2022-DG47 ', 2362584th Ave. W 0 261 102 Housing Hope :Proposed 523th St. SW 1,389 52 24 Highway 996ateway Project 4CPpital Project 'll 0 Cl 0 Mitigation Measures o Specific mitigation measures in agenda packet identifying actions taken o Mitigation measures expected to occur over time ■ Transportation Projects (Near -term 5 to10 years; Long-term 10 to 20 years) ■ Park Acquisition ■ Development Improvements o Specific Subdistrict Identities ■ Health District, International District, and Gateway District Other — Project Review Edmonds City Council Approved Minutes Q October 18, 2022 Page 19 Packet Pg. 180 9.2.d o Design review in other areas of the city require Architectural Design Board (ADB) review is SEPA triggered o In CG zone, only projects that exceed 75 feet required to go to ADB o With adoption of Planned Action, no notice required o City's largest projects don't require notice or public design review process Recommendations o No amendments to the Planned Action Ordinance 4079 or supplements to the Highway 99 Planned Action EIS are needed at this time o Implementation of the Planned Action EIS and mitigations should continue to be pursued o Expand notice and public process for projects in CG zone o Expand Subdistrict Identities Ms. McLaughlin emphasized there was a thorough analysis under the planned action, environmental review and specific measures and staff believes it is in compliance. She recognized the community's concern which is why changes are suggested related to public notice and design review. Staff has the discretion to require noticing, but it does not require SEPA noticing. With regard to design review, projects are reviewed by staff under specific development standards. If there is interest, there could be a higher level of design review for projects along the Highway 99 corridor. Changes like this do not require a supplemental EIS. She agreed with continuing to finetune and improve the process and outcomes and address some of the issues the community raised. Ms. McLaughlin continued, just like with the emergency ordinance that was brought forward, it was not an explicit mitigation measure or requirement of the planned action, it was something staff thought was not an equitable approach and an emergency ordinance was proposed to address it. The City can work with much more innovation and expedience in resolving some of the issues instead of going through a rigid environmental process that has very defined methodologies that may not result in the desired outcome. For example, the transportation methodology relies on vehicular level of service at intersections, it only count cars. If only cars are counted and impacts are defined by cars at intersections when the community is talking about impacts to people, walkability, bikeability and livability of their neighborhood, an environmental document will only expand intersections and add signals. In staff s opinion a supplement EIS is not the vehicle to make the changes everyone wants to see. An example of that is shifting to a multimodal level of service, something she hoped was on the near term horizon. Ms. McLaughlin explained despite the planned action and EIS, staff still goes through an individual project based analysis which includes traffic. Reviewing those traffic analyses confirmed what she already thought; there are negligible impacts from the projects at the intersections mentioned this evening during audience comments such as 236' & 84t''. She reiterated a supplemental EIS may not be the vehicle to get the outcomes that everyone seeks. Councilmember Tibbott recalled there used to be a transition zone between a 75' building and a one story single family. He did not know what happened to that and would like to explore how to reintroduce that.. He appreciated what staff was saying about a multimodal approach to looking at streets; he has often thought the level of service at intersections does not help much with regard to determining the impact to a neighborhood. For a long time he and the late Councilmember K. Johnson worked to get walkway crews, etc. He would like some reassurance that there is something in the TIP that addresses the issue on 236' His kids attended Madrona; most of the students do not walk because it is a choice school. Having a walkway system that serves that neighborhood is very important and he wanted assurance the City was moving in that direction. Ms. McLaughlin referred to her articles regarding the comprehensive plan visioning process which addressed evaluating a transition zone for this neighborhood as part of the comprehensive plan process. She acknowledged eliminating nine zones may have homogenized it too much. That can be done without a supplemental EIS via the comprehensive plan process. Edmonds City Council Approved Minutes Q October 18, 2022 Page 20 Packet Pg. 181 9.2.d Mr. Lien explained the rezoning of the Highway 99 corridor got rid of the transition zones and was part of the EIS analysis and there were some mitigation measures associated with that including the stepbacks properties that are adjacent to single family. The ordinance last week addressed specific mitigation for properties across the street. That was part of analysis in the EIS for removing those transition zones. With regard to transportation improvements, there are east -west connector sidewalk projects identified in the EIS, new bike lanes on 236', and pedestrian sidewalk improvements. Pedestrian projects identified in the EIS will occur over time. Ms. McLaughlin said while the planned action includes mitigation measures, it is not inclusive of projects in the CIP/CFP or existing projects. Layering those over the mitigation measures in the EIS provides a more full picture of the commitment over the years in this neighborhood. Mr. Lien highlighted projects in the CIP that are in the mitigation measure table in the packet. Councilmember Buckshnis thanked staff for the complete packet. She is environmentally rigid; she is not a scientist but has spent more than a thousand hours talking to people about this. The EIS talks about probable adverse environmental impacts. The FEIS talks about the 2014 stormwater code which has been updated and had a significant impact to stormwater which would be a reason to trigger supplemental EIS. The City learned from OVWSD about issues with the wellheads that are within this area. Updating the code regarding the critical aquifer recharge area (CARA) could also trigger a supplemental EIS. In addition to protecting water quality and the environment, climate change has significant impacts across the world. Significant geomorphology events where very little rain falls have a tremendous impact on stormwater. Further, there are sewer treatment plant issues where nitrogen levels have changed and the facility is at capacity. Citizens' voices need to be part of this supplemental EIS. She was not as worried about traffic as she was with poor air quality, recalling people wore masks in Oregon when Mount St. Helens erupted and more recently due to wildfire smoke. The air quality on Highway 99 is another trigger for a supplemental EIS. Things have drastically changed from 2017 to 2022, even from 2020 to 2022. She planned to make a motion to have a supplemental EIS performed. With regard to stormwater regulations, Mr. Lien explained the update resulted in stricter stormwater regulations so that was not a probable significant environmental impact under SEPA. Implementing the stormwater regulations will help protect the environment so he disagreed that was a probable significant probably impact under SEPA. With regard to the CARA, staff is aware of that issue and added OVWSD's wellhead protection areas to the critical area layers, consider those during reviews and notify OVWSD if there are any projects in those areas. As part of the SEPA review and SEPA appeal on the stormwater, there was a lot of discussion on that and the updated stormwater regulations provide protection to the wellhead protection areas. The City does not have a specific CARA code but it will be part of the comprehensive plan update. Implementing the stormwater code is not a probably significant adverse impact under SEPA and was actually litigated before the hearing examiner recently. He talked to WWTP Manager Pam Randolph about sewer capacity Councilmember Pained thanked staff and the community for the abundance of information. She anticipated the planned action absorbed a lot of time in 2017. She noted things should happen sooner and asked whether transition zones could be implemented more swiftly than the 2024 comprehensive plan update. Duplexes, triplexes and 4-plexes provide honest transition zones in a fairly narrow area. She also asked if the sidewalk program and planning could be accelerated to prioritize these routes because sidewalks build communities. She asked whether Snohomish County could build sidewalks in the Esperance area. She was most concerned about displacement; this community has the highest level of diversity and is the most economically vulnerable. She asked what the City could do to avoid displacement. Housing is critical need and is more critical than it was 5-8 years ago when the earlier analysis was done. Displacement is a critical Edmonds City Council Approved Minutes Q October 18, 2022 Page 21 Packet Pg. 182 9.2.d issue and is one of the ways the community judges success. She asked what a blight designation meant, how it benefits Edmonds, and the components of that designation. With regard to whether transitional zoning could be implemented sooner, Ms. McLaughlin said that type of analysis lends itself to what will be done with the comprehensive plan update. She was not a fan of waiting until 2024, but starting on the journey will lend itself to more sensible citywide analysis about growth, density and housing. Whether some of those policy recommendations can be expedited, she was not opposed to it. The ability to invest in this network is in the council's hands in terms of approving a budget that prioritizes investments in this corridor and in this neighborhood. There is a fixed amount of capital funding and how it is allocated is up to council. Recognizing the importance of private investment in that equation for building out sidewalk networks is also critical. Without the private investment, the City does not get the frontage improvements. Ms. McLaughlin continued, through the reimagining work, street typologies are being explored to inform the sidewalk code package. The sidewalk code will ensure the City is leveraging as much private investment from development as possible as well as exploring an in -lieu payment program. Those tools, which are not currently available, will help further build out the network using private investment. A critical part of that is shifting to a multimodal level of service. Currently the City cannot prioritize sidewalk expansion using transportation impact fees because those go toward vehicular capacity improvements. That is a big deal for this neighborhood in particular who want to prioritize sidewalks. Once the City shifts to a multimodal level of service, those impact fees can be used where they are needed. The transportation and park impact fees for one development were over $1 million. She summarized private investment was certainly part of the equation. With regard to displacement, McLaughlin said it is thorny and challenging and something cities across the country are looking at in relation to escalating housing prices. The Department of Commerce under the GMA has required all cities in Washington to evaluate this as part of the comprehensive plan. A gap analysis has been done for equity and the analysis will consider housing costs, where costs are escalating the most and where there is the greatest risk of displacement. Staff is aware this corridor is at risk for displacement, but it is not disproportionate impacted under the planned action; that will be considered via the comprehensive plan update. With regard to a blight designation, Ms. McLaughlin said a Highway 99 community renewal plan is underway that will consider whether it meets the designation of blight as defined in the RCW. The EIS did use the terminology of blight so it is irrelevant to this conversation. She asked what the question about blight was in relation to. Councilmember Paine commented it was a new word that was being applied to some aspects of the Highway 99 redevelopment; it was her vague understanding that there was a funding source and she was seeking more information. Ms. McLaughlin responded blight can be defined in a couple of ways under the community renewal plan as economic or structural such as the way streets are laid out or land use as it relates to transportation. From an economic standpoint, this corridor is actually a strong economic engine for the City so from an economic standpoint it would not be characterized as blight. Councilmember Paine said she was glad to hear that, commenting blight was such a loaded word. Due to the amount of information, she wanted more time to consider this. She was interested in what could be done short of an EIS to address the concerns raised by the community. Even though staff determined the triggers for a supplemental EIS have not been met, there is still a big need. Councilmember Nand echoed Councilmember Buckshnis' comment that it would be appropriate to proceed with a supplemental EIS. She did not find it appropriate to act as though adding hundreds of housing units to the area of town where she lived and grew up without acknowledging that when people jaywalk on Highway 99, they are crossing five lanes of traffic. People have been killed crossing Highway 99, something Edmonds City Council Approved Minutes Q October 18, 2022 Page 22 Packet Pg. 183 9.2.d that doesn't happen in other areas of the City. She was one of those 12-year old jaywalkers crossing Highway 99 because there have never been not enough sidewalks or crosswalks. People run across five lanes of traffic traveling 40-60 mph trying to reach a bus stop, something that does not happen in other parts of Edmonds. That is the reason for the level of frustration expressed by the Lake Ballinger community. She was proud to be from the Lake Ballinger and Highway 99 community; it is a lovely place to live and she was shocked to hear the word blight applied to that area. Councilmember Nand continued, the incredibly frustrated speakers who addressed council about supplemental EIS they feel frustrations are falling on deaf ears. Young kids who jaywalk in this area can be killed; adding hundreds of housing units to this area without addressing that impact is irresponsible. It is the responsibility of the City, not private development to address that concern. A multitude of concerns have been eloquently expounded in numerous meetings prior to tonight. She requested staff revise their position that a supplemental EIS is not necessary or that no amendments are necessary. Conditions that may have been appropriate in 2017 are not appropriate post -pandemic. It is not appropriate after a heatwave killed hundreds in Washington last year due to inadequate infrastructure to protect vulnerable populations including seniors. People died on sidewalks in Washington during 2021 due to the heat when resources were unable to reach them in time. Councilmember Nand continued, there is a lot of frustration in her part of the community, an area that has always been very different than the Bowl. It is not just feeling underserved by City government or feeling their concerns and frustrations fall on deaf ears, but the fact that they generate the most tax income for the City, yet their area is treated as a problem. For the first time in 2019 when she ran for council, someone referred to her part of Edmonds as the ghetto of Edmonds, a term she had never heard before. It is a part of Edmonds where a lot of people of color live including her family who are members of the Asian -American community. Before 2019, she did know her area of Edmonds was referred to as the ghetto of Edmonds or that it was referred to as a blight. She was always proud to be part of Edmonds and did not know that was how other people viewed that area. Councilmember Nand continued, she lives in high density housing a few yards from Highway 99. She sees her neighbor's young kids playing in the common driveway for their townhouse complex because there is absolutely no green space for them to play. People pull out of their garages and whiz past kids trying to play ball in the common driveway due to the lack of green space or trees especially compared to other parts of Edmonds which are very well served and well represented. Issues of cultural competency need to be addressed when people have been speaking to council for weeks about why they feel the subarea plan is inappropriate and why they haven't been adequately consulted. She recognized staff worked very hard to prepare tonight's packet, but did not feel it was adequate to address the concerns of her community and a supplemental EIS needs to be pursued. She supported looking at transportation issues, reiterating in her area of Edmonds, someone who is unlucky while jaywalking will die, something that does not happen to people in the Bowl where people drive 25 mph. She encouraged staff to examine cultural competencies when dealing with proud residents and taxpayers in her area of Edmonds who address this apparatus that is supposed to represent them and is funded by taxpayer money. Ms. McLaughlin appreciated Councilmember Nand's passion and commitment for the corridor. The intent of tonight's presentation is to find the most effective vehicle to address all the issues that Councilmember Nand raised. She assured she is passionate about traffic safety and finding ways to get capital investments into that neighborhood. That is why she wanted to emphasize how ineffective the existing environmental framework would be to achieve that and recognizing the limitations of that environmental document, the City could be more effective on the fringes. She is an educated professional completely committed to under - invested and under -represented neighborhoods like this area. She assured this areas was not blighted and hoped that word did not get proliferated in that neighborhood. It is not blighted; it is an economic engine for Edmonds that is only now receiving the investment that it has historically deserved. Edmonds City Council Approved Minutes Q October 18, 2022 Page 23 Packet Pg. 184 9.2.d Ms. McLaughlin assured Councilmember Nand that her and the community's concerns have not fallen on deaf ears. A member of the community wrote a very thorough letter that took a lot of research in addition to the material staff provided in the packet. It took time to research and respond to her letter and meet with her, but it did not fall on deaf ears; staff took her comments very seriously. Staff s recommendation to not pursue a supplemental EIS is absolutely no reflection to their dedication and commitment to investing in this area, it is because staff feels taking a different strategy would be more successful. Mayor Nelson expressed appreciation for the work Ms. McLaughlin does and took offense to claims that she has not been paying attention or listening. He knew she cared deeply about what was happening in that area and was doing everything she can via the lens she looks through. Her expertise and her staff s expertise in working through these issues and challenges are undervalued and he appreciated everything they were doing. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND TO 10:30. MOTION CARRIED (6-1), COUNCILMEMBER TIBBOTT VOTING NO. Councilmember Teitzel commented the frustration expressed by residents indicates a need to redouble efforts to reach out to the community including communities of color. During his first term on council, he attended open houses, recalling at one held at the hospital, almost everyone in the room looked like him; there were very few people of color. The problem is not getting enough input from people affected by these changes and they are shocked and concerned when these large developments start happening and they realize how big the developments will be and how many people will live there. The City needs to redouble its efforts and find ways to reach everybody to get input early before things reach the I I' hour. Councilmember Teitzel continued, there has been a lot of discussion about the lack of open space, green space and parks in south Edmonds. The City is trying to acquire open space and parks in conjunction with the subarea plan. He referred to page 842 of the packet, Parks and Open Space in the 2017 subarea plan states, "provide onsite open space as a residential amenity through new development." He asked if that could be interpreted as developers would be expected to provide the open space or is that action that the City would take in concert with development. Mr. Lien answered that is one of the design review standards that were adopted in 16.60 to require amenity space and open space with development, but does not replace the need for parks in the area. Ms. McLaughlin said there have been conversations recently with both private development and the parks department about private investment solely providing those investments as well as public -private partnership opportunities. Councilmember Teitzel referred to page 840 of the packet Parks and Open Space in the 2017 subarea plan which refers to possible acquisition of Esperance Park from Snohomish County for annexation and redevelopment into a community park with sports fields, community gardens, picnic shelters, etc. He asked why it would be beneficial for the City to acquire the park from Snohomish County when south Edmonds residents already use it. Ms. McLaughlin was unsure of the status of that effort and offered to circle back to Councilmember Teitzel on that question. She observed his point was not to take credit for space that already exists. Councilmember Teitzel clarified since south Edmonds residents already use that park and actually own it because they also pay taxes to the County, if the City acquires it, it will also take on the maintenance costs. He did not see the benefit to the City as part of the subarea plan to consider acquiring the park at this time. Mr. Lien said since the subarea plan was done, the Snohomish County Esperance Park has been developed and made available for public use. It includes sports fields, a dog park, playground trails and other recreation facilities. The City has not acquired the park, but Edmonds citizens do use it. Edmonds City Council Approved Minutes Q October 18, 2022 Page 24 Packet Pg. 185 9.2.d Councilmember Teitzel said he was interested in considering an SEIS especially with the passion expressed about why the City should pursue an EIS. He asked the cost in terms of time and investment to conduct an SEIS. Ms. McLaughlin answered that body of work has not been scoped, but depending on the scope and amount of community outreach, she estimated the cost at $200,0004250,000 based on a range in other local jurisdictions. She pointed out staff resources for that work would also need to be considered as the City begins the update of the comprehensive plan. That workload would be unanticipated and almost duplicative as it will consider the same policy issues, code issues, displacement issues, and will culminate in an EIS. Councilmember Teitzel suggested staff provide council the response to the citizen's letter. The council needs to understand if an EIS is not done, how the City can respond to those concerns. Ms. McLaughlin said these are valid issues that are mentioned in various planning documents whether it is an adopted document of and EIS or planned projects associated with the CIP or comprehensive plan policies, all well intended and adopted by council that are not all in one place. The community renewal plan provides an opportunity to include an action plan to combine all the current and planned actions in one location so it does not feel so disparate or unintentional. It would be helpful to see all the investments outlined in one place along with a time horizon. With regard to impacts of doing an SEIS, Mr. Lien explained if an SEIS is initiated on the subarea plan, the planned action is not in place during that interim period. If any project applications are submitted while an SEIS is underway, they would need to go through the entire SEPA process which includes a new threshold determination, etc. To reinforce what other councilmembers are saying, Council President Olson suggested some type of work plan approved by council may be workable if it included dates and deadlines. There is a sense of urgency about some of these things, specifically related to the aquifer. She was confused by staff saying there were no changes in the environment; it was not that the changes have happened while the planned action was in place, but questioned whether the fact that this environmental condition was unknown at the time it was implemented would be considered a change. Mr. Lien explained for the SEPA analysis, the threshold is a probable significant environmental impact. The City became aware of the wellhead protection areas by OVWSD and there is a stormwater code that address development within wellhead protection areas that protects the aquifer recharge area. Knowing they exist now does not necessarily mean it is a probable significant adverse impact. This was a big part of the discussion when the SEPA review was done on the stormwater code. Council President Olson asked if there was anything in the documents about true protections for ensuring development does not occur in that area. Mr. Lien answered it is not that development does not occur in the wellhead protection areas, it is how development occurs. For example, to protect the aquifer, one of the problems is injection wells. He first became aware of this during the Madrona School project that proposed deep injection wells for stormwater which could potentially put stormwater into the aquifer. That is one of the things that should not be done as part of development in an wellhead protection area. When development is proposed within a wellhead protection area, OVWSD is notified so they can review the project and the city stormwater code also helps project those areas. He summarized it is not that no development can occur in those areas, it is how development occurs to avoid impacting the aquifer. Council President Olson said she did not want to take action tonight; she wanted time to talk with citizens and staff. One of the early concerns was the transportation impacts in the original EIS focused on Highway 99 and SR-104. As soon as those buildings (84') are constructed, they will obviously have a traffic impact. If the original EIS did not look closely at that street and address those impact, it seems like that needs to happen now. If there is no requirement for a traffic impact study because it is part of the subarea plan, that seems like a miss. Whether that is handled by a council action plan or something else, she felt there should Edmonds City Council Approved Minutes Q October 18, 2022 Page 25 Packet Pg. 186 9.2.d be something that is documented, tracked and made a sense of urgency and a priority. Mr. Lien explained applicants for projects within the planned area still prepare a project -level traffic impact analysis that looks at the impacts of that specific project. Even if it qualifies as a planned action, conditions and mitigations can be added for specific projects if warranted. He summarized additional traffic impact analysis is required at the project level when applications are made. Council President Olson referred to staff s comments about having public notice and involvement, and asked if the developer would expect something had changed based on public input. Ms. McLaughlin asked if Council President Olson's question was whether the developer would be aware the public notice had changed. Council President Olson clarified staff mentioned adding a step for public notice for some projects, but if nothing is required in terms of the subarea plan or the way the City typically does business, how would the public input be used and would it change what happens. Ms. McLaughlin answered the developer would definitely be aware of it coming into the application process and it likely would require an ordinance change. In terms of how to be most effective with public notice, frankly a SEPA notice may not be effective at reaching people, speak in layman's terms, and have a community conversation. The public notice staff has been thinking about is in advance of a design review, to require a community meeting with the developer to talk about project. That is something other jurisdictions do and it is highly effective to have community members meet the developer and talk about the project in advance of a design review so they understand what's valuable to the community versus just notice of a public hearing. Council President Olson suggested she and staff talk offline about what that ordinance needs to look like. Councilmember Chen acknowledged staff s hard work putting the packet together and all the information provided. He also acknowledged staff listens to the community's input and thinks about what's best for the community as evidenced by the moratorium two weeks ago. He shared the concerns of other councilmembers' and the community about the lack of green space, lack of a transition zone, and displacement for low income and people of color living in this community. Many of them work multiple jobs to make ends meet and when their property values increase due to development, their property taxes increase which diminishes their ability to pay. He was very concerned about displacement due to development. Councilmember Chen referred to Councilmember Teitzel's comment that people at community events look like him, commenting it is because people of color work 2-3 jobs and are at work when those event are held and do not have time to attend. He complimented staffs efforts to reach out, noting it is hard to reach them. With the community's input and concerns, he supports conducting a supplemental EIS. The estimated cost of $250,000 is a worthy investment to get the community's input and get the best development for this community. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO HAVE A SUPPLEMENTAL EIS CONDUCTED. Councilmember Buckshnis thanked staff for all the work they are doing, but she is jaded after 12 years. Highway 99 residents deserve this SEIS. So much change has occurred and the citizens deserve to have a voice. She preferred conducting a SEIS rather than a work around such as updating the code, including it in the comprehensive plan, conducting a charrette, etc. She reiterated the climate will continue to get worse. The Lake Ballinger Forum, which consists of Mountlake Terrace, Lake Forest Park, Shoreline and Edmonds, is intent on keeping the lake clean and pristine. The City has $240 million from the state and should just bite the bullet and do it. Councilmember Paine said she was not in support of the motion at this time. The council needs to learn more about implementing fixes that can happen right away. She wanted to explore other options before reaching the conclusion that a SEIS is needed. She was excited about the light rail, anticipating south Edmonds residents were not saying no housing or were supportive of the delays that a SEIS would create. Edmonds City Council Approved Minutes Q October 18, 2022 Page 26 Packet Pg. 187 9.2.d She was hopeful things like transition zones could be implemented right away and consideration given to things that could be done short of a SEIS. Adding more housing options throughout Edmonds would be ideal rather than building it all in this corridor, but this corridor has the greatest opportunity with the light rail, additional transportation services on Highway 99, and the Highway 99 renewal project which will result in a lot of changes. Councilmember Paine continued, she would like to adopt guidelines for all neighborhoods so there is shared vision and opportunities for Highway 99, Lake Ballinger, the Gateway District, etc. and do it in a way that includes public outreach. There are two mobile home parks in Edmonds; those are the areas she worries about displacing and having more housing options is great way to avoid that. Housing is a human right and honors people who have been here for a long time. She thanked staff for all the information and summarized she preferred to look at options before doing a SEIS. Councilmember Teitzel commented the council is hearing from its constituents tonight and for the past several weeks that they want action taken on issues that concern them such as displacement, open space acquisition, partnership with other entities on parks, traffic safety, pedestrian safety, etc. The key thing the council should consider is how to best address those concerns. If it is a SEIS so be it; if there is a better, more efficient, effective way to do that, that was fine too. The council needs to get to the point where it can make a decision whether to invest the money in a SEIS or not. He observed Ms. McLaughlin has said there may be better ways to ensure those concerns are addressed and was willing to entertain those ideas, but needed to see the responses to the concerns raised in the letter and the concern the council heard tonight. He would like to consider that before taking action on conducting a SEIS. For that reason he will not support proceeding with a SEIS at this time. Councilmember Nand said she was full throated in support of the motion to authorize a SEIS tonight. The political process exists for a reason and the engaged citizenry has let the council know through the political process that they have concerns about some of the proposed changes, the oversights they feel emanate from City government and affect their community. A SEIS is the bare minimum of an appropriate response to the level of outage coming from her community at some of the changes imbedded in the five-year plan. She will take endless amounts of verbal smacks to continue verbalizing the wholly appropriate engagement in the political process that is coming from her part of Edmonds. Councilmember Tibbott agreed that moving forward with a SEIS at this time is premature. A SEIS may need to be done, but he preferred to see a work plan from the development services department about how it would integrate with the comprehensive plan which will include a great deal of public input. He hated to circumvent a process that is already in motion to insert another process when resources could be expedited via a process that is already in motion. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND TO 10:45. MOTION CARRIED (6-1) COUNCILMEMBER TIBBOTT VOTING NO. Councilmember Paine asked when the emergency ordinance expires. Mr. Lien explained the emergency interim ordinance is good for six months. A public hearing schedule is scheduled for November 15 and the ordinance should go through the planning Board and back through council before the 6 months expires. Councilmember Paine observed the effect of the emergency ordinance was no new permits were accepted during emergency interim ordinance period. Mr. Lien explained the interim ordinance passed two weeks ago was related to stepbacks for properties across the street and is good for six months with the possibility of an extension with a work plan. A public hearing before council is scheduled on the interim ordinance for November 15; the council makes findings whether to continue the interim ordinance or modify the interim ordinance. The next step in the interim ordinance process is planning board review and recommendation to council and then council would adopt another ordinance (or not) to make it permanent. The interim ordinance is only related to stepbacks. Edmonds City Council Approved Minutes Q October 18, 2022 Page 27 Packet Pg. 188 9.2.d Council President Olson said she would support the motion with the thought that a motion to reconsider could be done next week. The council will learn during the coming week whether it was the right move or have something in the packet next week to consider as an alternative. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS CHEN, BUCKSHNIS, AND NAND AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS TEITZEL, TIBBOTT AND PAINE VOTING NO. Ms. McLaughlin asked what the one week reconsideration mentioned by Council President Olson meant. Council President Olson offered to follow up with Ms. McLaughlin tomorrow, explaining councilmembers on the prevailing side have the option to reconsider. If there was a convincing reason or an agenda memo regarding a different approach next week, there could be a motion to reconsider the motion passed tonight. 5. COMPREHENSIVE PLAN VISIONING SUMMARY Due to the late hour, this item was postponed to a future meeting. 6. APPROVAL OF SNOHOMISH COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN (Previously Consent Agenda Item 7.10) Mr. Taraday said he had an opportunity to compare the committee packet to tonight's packet and understood the question about the resolution. The resolution in tonight's packet meets the typical Edmonds resolution format and appropriately adopts the Snohomish County Solid Waste Plan so he saw no legal reason not to adopt it. A MOTION WAS MADE BY COUNCILMEMBER BUCKSHNIS AND SECONDED, TO APPROVE THE SNOHOMISH COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN. MOTION CARRIED UNANIMOUSLY. 9. MAYOR'S COMMENTS Mayor Nelson welcomed Councilmember Nand. He reported on the Great Shakeout, an annual earthquake preparedness exercise that will include testing of the tsunami siren on Thursday, October 20 at 10:20 a.m. for 3 minutes. The siren is only a test and is for people who are outside, not inside a building, to seek higher shelter. The City's disaster coordinator will be at the exercise to answer questions about disaster preparedness. 10. COUNCIL COMMENTS Councilmember Nand said she was incredibly honored and privileged to be on council. She was tweeting with the former council student rep Brook yesterday and told him it was important that the council model democracy and the democratic values of the U.S. Constitution at all levels of government down to the city council. In working with City staff, she has established Councilmember Nand office hours every week on Thursday from 4 to 5 pm. She also plans to have Councilmember Nand office hours on the weekend in the Highway 99 community. She is wholly committed to being a public servant and she was thankful for the opportunity. Councilmember Paine welcomed Councilmember Nand, commenting she has been an active part of the community and it was great to have her voice and experience. She thanked all the applicants for their interest in council position #7. There is an amazing body of talent in Edmonds and she encouraged the applicants to stay involved. She looked forward to the community renewal project open house on Thursday evening. Edmonds City Council Approved Minutes Q October 18, 2022 Page 28 Packet Pg. 189 9.2.e EDMONDS CITY COUNCIL APPROVED MINUTES June 20, 2017 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Thomas Mesaros, Council President Kristiana Johnson, Councilmember* (*participated by phone) Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ELECTED OFFICIALS ABSENT Diane Buckshnis, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT T. Dreyer, Police Officer Al Compaan, Police Chief Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Shane Hope, Development Services Director Mary Ann Hardie, HR Director Rob English, City Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Andrew Pierce, Legislative/Council Assistant Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:05 p.m. by Mayor Earling in the Council Chambers, 250 5' Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present or participating by phone with the exception of Councilmember Buckshnis. 3. APPROVAL OF AGENDA COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO PULL ITEM 6.8, TEMPORARY ADMINISTRATIVE ASSISTANT IN PUBLIC WORKS DEPARTMENT, FROM THE CONSENT AGENDA AND MOVE IT TO ACTION ITEM 9.3 MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS 1. PARK AND RECREATION MONTH PROCLAMATION Mayor Earling read a proclamation proclaiming July 2017 as Parks and Recreation Month in the City of Edmonds. He presented the proclamation to Parks & Recreation Director Carrie Hite. Ms. Hite thanked the community and Council for their support of the City's beloved parks system, commenting there are a lot of projects coming up. She recognized the Parks Department team for their work. Edmonds City Council Approved Minutes Q June 20, 2017 Page 1 Packet Pg. 190 9.2.e Councilmember Fraley-Monillas referred to incentives for smaller units and lower rents for those units and asked how the lower cost could be guaranteed. She asked whether the incentive included putting a cap on the rent. Chair Nordling Rubenkonig relayed the development team indicated there are ways of reducing the cost of the construction. With regard to the Westgate project, it will be subsidized and 19% of the units will be at the affordable housing rate. Vice Chair Monroe recalled the team indicating it was market driven; a certain amount can be charged per square foot for apartments in the area, less square footage equals a lower price. Councilmember Fraley-Monillas concluded the rents would be market rate but lower due to the size. Council President Mesaros asked what the developers of the Westgate characterized as incentives. Vice Chair Monroe said they suggested starting with a 2-story box as the base and then providing items such as public meeting areas, artwork or other features could quality for additional stories. Councilmember Nelson referred to the comment about long term investor and the importance of that distinction. This is the first time the developer has done a project outside of Seattle but they are referencing standard incentives. He wanted to be certain the developer's first project in Snohomish County had Edmonds appeal and not Seattle's. Vice Chair Monroe asked if Councilmember Nelson was interested in ensuing the project was not cookie cutter, commenting the City's Planning Department will work with the development team. At the meeting the Planning Board had, he felt they were very vested in the project and the area. Chair Nordling Rubenkonig said the development team praised City staff for working with them to create a project they are proud of. She noted Edmonds is urban and the Westgate project is similar to projects in Seattle. Councilmember Teitzel said he reads the Planning Board minutes and is impressed with the work they do. He relayed the Council hears from the public at Council meetings, emails, phone calls, etc. and asked how the Planning Board engages with citizens. Chair Nordling Rubenkonig commented the tree ordinance generated significant public input; there was also a good turnout for the sign code. Planning Board meetings are televised. The Council setup is very formal; the Planning Board is more relaxed. She acknowledged the Planning Board did not have the amount of public participation the members would like. Councilmember Teitzel commented it would be great to see more people engaged at the Planning Board level before issues come to the City Council. 8. PUBLIC HEARING 1. PUBLIC HEARING ON HIGHWAY 99 AREA-: CG REZONE (MAP) & DEVELOPMENT REGULATIONS Development Services Director Shane Hope introduced John Fregonese, Principal, Fregonese Associates, explained tonight's public hearing follows public open houses, news releases, meetings by the Planning Board and City Council and other outreach. He displayed a map of the project area, primarily the commercial zones around Highway 99 in Edmonds. The City Council last discussed Highway 99 Area Zone and Code Changes on June 6: Discussion included: • Comparison with existing zone map and development ode • Review of proposed CG site and building design standards • Question about additional incentives for "green buildings" • Question about vehicle parking within buildings at street level The focus of tonight's public hearing is the Planning Board's recommendation for Zoning Map and Development Code. No action is requested at this time. Edmonds City Council Approved Minutes Q June 20, 2017 Page 4 Packet Pg. 191 9.2.e He displayed the proposed Zoning Map and explained the proposal: • Change these zones to the consolidated CG Zone • Incorporate design standards directly into zones to ensure scale transition into neighborhoods • More predicable outcomes for community He displayed the Comprehensive Plan Map, advising the new zoning is consistent with the Comprehensive Plan map. He reviewed: • Draft Zoning and Development Recommendations o Strengthen current design standards o Incorporate them directly into the zoning code o Consideration of special circumstances within the corridor will be made to ensure the standards are feasible, such as large parcels that would have multiple buildings if redeveloped and parcels with unique access or transportation challenges. • Site development standards General 16.60.020 o The pedestrian area adjacent to the street is composed of three zones: the streetscape zone, the pedestrian zone, and the streetscape zone (Section 16.60.020.C.2) ■ Changed "amenity zone" to "streetscape zone" ■ Added dimensions o Additional building stepback when adjacent to RS zones ■ Upper stories stepback 10' for 25' of building height; and 20' for 55' of building height • Site development standards —design standards 16.60.030.A. LE o 15' setback with 10' landscape buffer • A minimum five feet wide type IV landscaping is required along all street frontages where parking lots about the street. Section 16.60.030.A.1 • Access and vehicle parking o All off-street surface parking shall be located to the side or rear of the primary building, except as otherwise specifically allowed by this chapter, and shall be screened from the sidewalk by a wall or plantings between 2 to 4 feet in height. o Outdoor parking areas shall comprise 40% or less of the public street frontage area within 100 feet of the primary street for the lot or tract and, on corner lots, may not be located at the corner. The requirements of this subsection do not apply to permitted auto sales uses. • Required electric vehicle charging stations (Section 16.60.030.B.5) o One or more electric vehicle charging stations must be provided for all new development that includes housing. • Bicycle storage spaces (Section 16.60.030.B.6) o Bicycle storage spaces for multifamily housing, excluding housing for assisted living or other specialized facilities, shall be provided for residents 0 1 bicycle storage space for each residential unit under 700 square feet and 2 bicycle storage spaces for each residential unit greater than 700 square feet • Paths within parking lots (Section 16.60.030.B.8) o Pedestrian walkways in parking lots shall be delineated by separate paved routes that meet federal accessibility requirements and that use a variation in textures and/or colors and may include landscape barriers and landscape islands • Pedestrian and transit access (Section 16.60.030.B.11) o Where a transit station or bus stop is located in front of or adjacent to a parcel, pedestrian connections linking the station or stop directly to the development are required. o Pedestrians routes shall connect buildings on the same site to each other • Site Development Standards — Site Design and Layout 16.60.030.0 1. Pedestrian Oriented Design (Section 16.60.030.C.1) ■ At least 50% of a building's fagade facing the primary public street shall be located within 20 feet of the property line where the primary street frontage exists. Edmonds City Council Approved Minutes Q June 20, 2017 Page 5 Packet Pg. 192 9.2.e ■ Building must include a prominent pedestrian entry on the primary frontage ■ Vehicle parking shall not be located within the first 20 feet of the primary street frontage, other than as allowed for vehicle sales use. 2. Alternative Walkable Design Area Option ■ For sites with unique constraints. ■ At least 50% of the building's fagade facing the primary street shall be located within 60 feet of the front property line 3. Exceptions Process for Pedestrian and Walkable Design Options ■ Exemptions may be allowed by hearing examiner to provide for design flexibility that still encourages pedestrian orientation and efficient land uses under following criteria: - Property is located within 300 feet of highway interchange or has unique pedestrian access constraints - One or more buildings are located facing the primary street frontage - The development provides business and pedestrian areas near the primary street frontage and likely to be active through the day/evening. - At least 25% of required amenity space is located to connect building to the street - Where a site has multiple buildings, amenity space should be located between buildings to allow shared use - One or more buildings on the site must have at least two stories of usable space o Amenity space (Section 16.60.030.C.4) ■ An area equivalent to at least 5% of the building footprint shall be provided as amenity space. ■ If a vehicle parking area is being added to the site without the concurrent development of a building of at least 2,000 square feet, amenity space must be provided to equal at least 5% of the additional parking area. ■ Example of amenity space in Costa Mesa, California o Building Design and Massing (Section 16.60.030.D.2) ■ On the primary frontage, 50% of the building fagade between two and 10 feet in height shall be comprised of windows or doors that are transparent Mr. Fregonese reviewed examples of amenity space and building design and massing: • New Seasons building on N Williams Street in Portland • Safeway on Hawthorne Boulevard in Portland • Safeway on Hwy 99Barbur Boulevard in Portland • Fred Meyer on Interstate Avenue, • Auto dealers Mr. Fregonese reviewed photographs illustrating the Health District Gateway and SW 234th today and with corresponding private investment. He reviewed the proposed changes to the sign code • Revisions to 20.65.045: o Limit freestanding signs (such as monument signs) to maximum height of 14 feet in this district o Require freestanding signs to be counted as part of total maximum sign area for this district Mr. Fregonese described next steps: • Council's next meeting on this topic - July 18 • Council action scheduled - August 15 Councilmember Teitzel referred to the use of stepbacks to preclude a large wall facing a neighbor, providing a friendly transition. He asked if the use of the stepback would be restricted, for example would decks, tall trees, awnings, etc. be allowed, commenting allowing a 20-foot tree in the stepback would defeat the purpose of the stepback. Mr. Fregonese answered stepbacks are typically used for outdoor areas that would Edmonds City Council Approved Minutes Q June 20, 2017 Page 6 Packet Pg. 193 9.2.e include furniture, trees in pots, etc. The intent would be for the stepbacks to be used as outdoor space, an amenity for the building. If desired, tree height could be limited to 10-12 feet. Councilmember Teitzel concluded there would not be a restriction on what was allowed in the stepback. Mr. Fregonese agreed it is typically patio furniture and trees in pots. Councilmember Fraley-Monillas asked if the amenity space was private or public. Mr. Fregonese answered it is privately owned intended to be open for public use as part of the pedestrian environment. Ms. Hope commented there is also opportunity for an internal plaza or courtyard for the tenants/residents/owners in addition to the required public space that is typically at the sidewalk level. Councilmember Fraley-Monillas recalled at least one project where the interpretation was it was not for the public's use but for the tenants' use. Ms. Hope anticipated it could be a mixture, some public space near the sidewalk as well as some private space for residents; the mix will depend on the use. Councilmember Fraley-Monillas concluded the plans for each project would specify whether the space was public or private use. Ms. Hope agreed. Councilmember Tibbott said he liked the architectural features in the renderings but there is a minimal list of suggested building items. He asked whether more detail, perhaps pictures or illustration to help developers understand what the City is looking for with regard to architectural design standards. Mr. Fregonese answered there is typically a brochure or illustrations of how to implement the design standards. Compared to other codes implemented at the staff level, this code has both building transparency and building facade requirements. With creativity, that will lead to the type of buildings in the illustrations. Quality can never be guaranteed via the code but it can guarantee it won't be a white elephant. Ms. Hope said the draft code includes some illustrations which may be supplemented. Typically, commercial projects include professionals who are used to these design terms, but the intent is for the code to be understandable to the average person. Councilmember Tibbott recalled the Westgate plan included an adaptation of form based code, recalling the intent was to lower the risk to a developer by illustrating what the City was looking for which saves time for the developer and for the City. Ms. Hope said this is a type of form based code as well, it addresses uses that are allowed/not allowed uses but focuses on the building shape, bulk, glazing, as well as the site design and building articulation. Councilmember Tibbott recalled he expressed concern during the last presentation about the possibility of a 75-foot building across the street from single family residences. In areas of city where that would be allowed, it may not pencil out but it could happen. If a proposal like that were submitted to the City, he how it would be handled. Ms. Hope answered the code currently allows a 75-foot height next to single family housing in some instances with no requirement for stepback or building setback. This code strengthens and respects the neighborhood more than the existing zoning. Councilmember Tibbott expressed concern that the proposed zoning eliminates the transition areas. When driving around Shoreline and Edmonds today, he saw taller buildings on Hwy 99 with nearby residential areas. In one location, there was the interurban trail and vegetation between single family and the 75-foot tall building. He appreciated there would be landscaping between the curb and the building, but that does not breakup the bulk of the building. He asked what would be done when a use adjacent to another use may not be compatible. Mr. Fregonese answered there would be 15-foot side and rear yards setback in addition to the stepback. In the case of across the street, there is a 10-20-foot setback in front, the 60-foot right-of-way, and the 20-foot single family setback, providing approximately a 100-foot separation between the structures. Although stepback could be required, a 75-foot tall building 100 feet away is beyond the ratio where it would be beneficial. Councilmember Tibbott commented parking would provide additional distance. Edmonds City Council Approved Minutes Q June 20, 2017 Page 7 Packet Pg. 194 9.2.e Councilmember Nelson thanked Mr. Fregonese for the requirement for electrical vehicle charging station and the description of amenity space. He referred to the sample photograph of the car dealership, remarking when he thought of amenity space, he was not thinking it would look like that. Mr. Fregonese recalled the Council's concern with retaining car dealerships. He reviewed the car dealership examples, and the intent to do something useful with the space in front that is not just parking. Councilmember Nelson suggested not using that photograph as an example. Councilmember Nelson asked if the amenity spaces for multiple properties could be combined and collectively create a park. Ms. Hope answered that was possible. Mr. Fregonese said he lives next to a Fred Meyer whose amenity space ended up being a corner park. Mayor Earling opened the public participation portion of the public hearing. Dean Phillips, Council President, Edmonds Lutheran Church, referred to the church's letter expressing support for the Highway 99 Subarea Plan. Ann Wermus, Edmonds recognized the work the City has accomplished in the plan for Highway 99. It promises to be a greatly revitalized area. She expressed support for the concept in the plan and stressed the need for continued work on providing permanent low income housing. Under the current plan, if a developer took advantage of the tax exemption option, a limited amount of low income housing could be supplied. In the GMA, the goal is to encourage the availability of affordable housing to all economic segments of the population and encourages the use of innovative techniques to meet the housing needs of all economic segments of the population and requires the city to provide opportunity for a range of housing types. The Highway 99 subarea plan offers a unique opportunity for housing that could be affordable for workforce housing as well as low income, potentially relieving the pressure on low income families. She urged the Council to develop and employ innovative strategies to promote all efforts as way to increase housing opportunity for all economic segments of the population. Bea Wilson, Edmonds, representing herself and her son who owns property on 225th Place SW. She thanked the City Council and Planning Board for the proposed plan. She asked the definition of affordable housing. Mayor Earling suggested she speak with Ms. Hope. Ms. Wilson concluded the plan looks great. Robert Sieu, Edmonds, property owner on Highway 99, said he spoke at the Planning Board May 10 public hearing regarding the exception on design standards. He also spoke with Ms. Hope and the consultant and both agreed some language needed to be change. The Planning Board approved the plan on the condition those changes would be made but at the June 6 Council meeting, the language had not been changed. The changes are related to exceptions for car dealerships and property 300 feet from an interchange. Seth Hale, Seattle, also representing Stan Piha, Edmonds, expressed their support for the Planning Board's recommendation to approve the ordinance as proposed. The consultant has made the appropriate recommendations regarding setbacks, stepbacks and activity zones to ensure protection for properties adjacent to and across from CG zoned parcels within the corridor. Speaking as an architected, he commended the City on the flexibility in the code, providing a unique opportunity for great design in the corridor instead of code driven design. Alvin Rutledge, Edmonds, asked about the affect the zoning changes would have on adult entertainment. He recalled a Snohomish County levy in 1995-1999 that did not pass. Bruce Witenberg, Edmonds, said the plan works well on Highway 99 frontage where none of the parcels are across street or abut single family residences but more attention needs to be paid to the transition zone. Edmonds City Council Approved Minutes Q June 20, 2017 Page 8 Packet Pg. 195 9.2.e Single family residences in close proximity to the Highway 99 corridor represent some of the least expensive housing in the City. Among the purposes of the CG zone in 16.60.005, it recognizes the evolving identity and sense of place including distinctions between different parts of the district and to be sensitive to adjacent resident zones. He suggested using "adjacent and neighboring" instead of "adjacent" to clarify consideration of residents next to and across the street from CG zones. The table in 16.60.020.A is not sympathetic to adjacent and neighboring residential zones. The minimum street, side and rear setback of 10-15 feet may be more adequately sensitive to neighboring residential zones if each was increased by a minimum of 10 feet. With regard to 16.60.020.D regarding stepbacks adjacent to RS zones, he suggested using "adjacent to and across the street from RS zones" instead of "adjacent." He recommended surface parking lots adjacent to or across the street from residential zones be prohibited and that residential parking requirements in 16.60.030.1 be further reduced from a minimum of .75 cars for units 700 square feet or less and 1.75 cars for units above 750 square feet to encourage use of public transportation. Adopting these recommendations would more clearly demonstrate the Council's commitment to being sensitive to neighboring RS zones while allowing for needed development. Hearing no further comment, Mayor Earling closed the public hearing. He relayed staff is seeking Council input for consideration on July 18. Councilmember Fraley-Monillas asked for clarification whether the zoning change would allow adult entertainment. Ms. Hope answered nothing had changed with regard to adult entertainment. Councilmember Tibbott expressed interest in staff s suggestions to address the issue he raised regarding multi -family directly across street from single family. Admittedly those streets were quieter and there would be parking on the street, yet the possibility existed for a 75-foot tall building across the street. He was open to considering options such as a parking buffer, reduced heights, stepback, etc. Councilmember Johnson commented TOD is very conducive to bicycles. She expressed interest in ways to accommodate bicycles in the Highway 99 corridor and consider the corridor as whole as a linear park as there are not a lot of parks in the area. Councilmember Fraley-Monillas asked how to ensure people are not parking in the neighborhoods. Although the hope is fewer cars in a TOD, parking could be an issue if residents of the TOD parked in residential neighborhoods adjacent to the corridor. Ms. Hope said that is a legitimate issue and it is a balancing act. If too much parking is required, the result will not be TOD, yet enough parking needs to be required. The code tries to strike that balance between what is enough so there is some required parking but not so much that the TOD is lost or development of the site is so expensive that nothing happens. She described a development in Redmond where initially the city had fairly hefty parking standards and after the project was built, they found only about half the parking was being used because residents were using transit due to the location. If the need arose, parking programs could be considered. 9. ACTION ITEMS 1. PROPOSED NOISE ORDINANCE Public Works Director Phil Williams explained this is in response to the current need which will continue so staff is recommending a change to the code. He reviewed: • Current Noise Ordinance ECC 5.30 o Written 1981 — last modified 1985 (32 years ago) o Sets standards for noise generation by limiting sound pressure levels at receiving property lines o Establishes two standards ■ Daytime (7 am— 10 pm) ■ Night time (10 pm — 7 am) Edmonds City Council Approved Minutes Q June 20, 2017 Page 9 Packet Pg. 196 9.2.f EDMONDS CITY COUNCIL APPROVED MINUTES July 18, 2017 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Thomas Mesaros, Council President Kristiana Johnson, Councilmember Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir Shane Hope, Development Services Director Scott James, Finance Director Frances Chapin, Arts & Culture Program Mgr. Rob English, City Engineer Mike DeLilla, Senior Utilities Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5t' Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS PROCLAMATION IN HONOR OF THE 95TH ANNIVERSARY OF THE FLORETUM CLUB Mayor Earling read a proclamation proclaiming July 16 — 22, 2017 as Edmonds Floretum Garden Club Week in Edmonds and urging all citizens to recognize and applaud their invaluable service. He presented the proclamation to Past President Sally Wassal & current President Tia Scarce. Ms. Scarce said she joined the Floretum Garden Club after moving to Edmonds three years ago due to their part in the way Edmonds looks, particularly in the summer which draws visitors. The proclamation acknowledges the Club's close working relationship with the City as well as their 95t' anniversary. Ms. Wassal thanked Councilmember Buckshnis and Executive Assistant Carolyne LaFave for their efforts related to the proclamation. She commented on her enjoyment of gardening and vegetables she grows along with the flowers in her yard on Edmonds City Council Approved Minutes Q July 18, 2017 Page 1 Packet Pg. 197 9.2.f 14 Decision Packages Total $281,880 0 9 are new items for Council to consider expenditures 0 5 have been previously discussed by Council o $136,070 in new revenues New amendments: o Annual software maintenance for the Government Access Channel programming o Additional consultant plan review of building permits due to increases in permitting activity and complexity of permits, partially funded by new permit revenues o Additional $1,000 in 2017 Diversity Commission staff budget to cover delayed invoice o Use of $6,000 in vendor fee receipts for 2017 Holiday Market professional services o Use of $1,500 sponsorship receipts for 2017 Puget Sound Bird Fest professional services o Transfer of funds from Non -departmental to Parks & Recreation for payout of retiring employee o Insurance reimbursement for traffic controller damaged in a vehicle accident o Preliminary design of a replacement retaining wall within right-of-way on 89" Place West - $16,400 o Stormwater educational programs for K-12 students and businesses as part of the City's Stormwater Permit compliance efforts Amendments previously discussed by Council: o Fund temporary Administrative Assistant position while employee on maternity leave - $16,500 o Corrections to Lodging Tax Fund line item for professional services - $4,500 o Additional expenditure for Frances Anderson Center Bandshell - $32,000 o Additional $71,000 spending authority for Veterans Plaza o Budget correction related to transfers from the Utility Operating Funds to the Bond Fund Exhibit D (change in fund balance) Summary: o Revenues are increased by $136,070 o Expenditures are Increased by $281,880 o Ending Fund Balance is Decreased by $145,810 Councilmember Teitzel referred to the amendment for additional consultant plan review, recalling Mr. James stated it would be partially offset by new revenue but the amendment states it will be more than offset by increased revenue. Mr. James agreed. Councilmember Tibbott asked about the revenue sources for the $136,070. Mr. James answered it varies, permit revenues, ending fund balance, vendor fee receipts, sponsorships, etc. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE ORDINANCE NO. 4075, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4063 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. MOTION CARRIED UNANIMOUSLY. Mayor Earling declared a brief recess. 2. GENERAL COMMERCIAL (CG) DEVELOPMENT REGULATIONS AND PLANNED ACTION FOR THE HIGHWAY 99 SUBAREA Development Services Director Shane Hope relayed the City Council last reviewed the Highway 99 Area zone and code changes at the June 20 public hearing. At that time discussion included, comparison with existing zone map & development code, review of proposed CG site & building design standards and Edmonds City Council Approved Minutes Q July 18, 2017 Page 12 Packet Pg. 198 9.2.f specific questions & comments. The focus of tonight's meeting is review of the Draft Zone Map and Code and questions, comments and direction. No formal action is requested at this time. Ms. Hope reviewed: • Proposed Zoning Map o The proposal is to change CG2 zones and multifamily parcels in the area to the consolidated CG zone o Incorporate design standards that will increase vitality & ensure transition into neighborhoods o More predictable outcomes for community • Comprehensive Plan map o New zoning is consistent with the Comprehensive Plan map • Zoning Map and Development Regulations - Goals o Vitality and livability' o Sustainability o Consistent with subarea plan o Reasonable balance of requirements and options • Site development standards - General 16.60.020 o Pedestrian area - required adjacent to street ■ Composed of three zones: streetscape zone, pedestrian zone and activity zone ■ Comparison of pedestrian area requirements - Required in existing CG regulations? - no - Required in proposed CG regulations? - yes o Comparison of dimensional requirements Existing CG Chapter Proposed CG Chapter Height 60-75' 75' ft max* Street setback 4' max 5'110' Side/rear setback 0115 0115 Stepback No additional stepback required for upper stories Additional stepback required for upper stories adjacent to single family o Additional building stepback when adjacent to RS zones ■ Upper Stories stepback 10' for 25' of building height; and 20' for 55' of building height Site development standards -design standards 16.60.030.A. LE o Photo of across -the -street transition illustrating separation provided by the street o A minimum 5 feet wide Type IV landscaping is required along all street frontages where parking lots abut the street o Access and vehicle parking ■ All off-street surface parking shall be located to the side or rear of the primary building, except as otherwise specifically allowed by this chapter, and shall be screened from sidewalk by a wall or plantings between 2 to 4 feet in height ■ Outdoor parking areas shall comprise 40% or less of the public street frontage area within 100 feet of the primary street for the lot or tract and, on corner lots, may not be located at the corner. Requirements of this subsection do not apply to permitted auto sales uses ■ High parking requirements can impede development ■ Proposed regulations aimed to encourage transit -oriented development options - 0.75 parking spaces per residential unit less than 700 sq. ft. - 1.25 parking spaces per residential unit of 700-1100 sq. ft. - 1.75 parking spaces per residential units greater than 1100 sq. ft. ■ Guest parking: 1 space/per 20 units ■ Possible limitations/options on parking on first floor of building Edmonds City Council Approved Minutes Q July 18, 2017 Page 13 Packet Pg. 199 9.2.f - Option A: Allow no vehicle parking within first 20 feet of a building where the building faces a primary street unless the parking is underground. (Ms. Hope preferred this option.) - Option B: Allow no more than 60% of the first floor of a building to include vehicle parking where the building is less than 50 feet from the primary street o Required Electric vehicle charging stations ■ One or more electric vehicle charging stations must be provided for all new development that includes housing ■ 1 station/10 required residential stalls plus planned capacity to double that amount in the future o Required bicycle storage spaces ■ Bicycle storage spaces for multifamily housing, excluding housing for assisted living or other specialized facilities, shall be provided for residents ■ 1 bicycle storage space for each residential unit under 700 square feet and 2 bicycle storage spaces for each residential unit greater than 700 square feet o Paths within parking lots ■ Pedestrian walkways in parking lots shall be delineated by separate paved routes that meet federal accessibility requirements and that use a variation in textures and/or colors and may include landscape barriers and landscape islands o Pedestrian and transit access ■ Where a transit station or bus stop is located in front of or adjacent to a parcel, pedestrian connections linking the station or stop directly to the development are required. ■ Pedestrians routes shall connect buildings on the same site to each other Site Development Standards — Site Design and Layout 16.60.030.0 1) Pedestrian Oriented Design ■ At least 50% of a building's facade facing the primary public street shall be located within 20 feet of the property line where the primary street frontage exists. ■ Building must include a prominent pedestrian entry on the primary frontage ■ Vehicle parking shall not be located within the first 20 feet of the primary street frontage, other than as allowed for vehicle sales use. 2) Alternative walkable design area option ■ For sites with unique constraints. ■ At least 50% of the building's facade facing the primary street shall be located within 60 feet of the front property line 3) Exceptions process for pedestrian and walkable design options ■ Exemptions may be allowed by hearing examiner to provide for design flexibility that still encourages pedestrian orientation and efficient land uses under following criteria: - Property is located within 300 feet of highway interchange or has unique pedestrian access constraints - One or more buildings are located facing the primary street frontage - The development provides business and pedestrian areas near the primary street frontage and likely to be active through the day/evening. - At least 25% of required amenity space is located to connect building to the street - Where a site has multiple buildings, amenity space should be located between buildings to allow shared use - One or more buildings on the site must have at least two stories of usable space o Amenity Space An area equivalent to at least 5% of the building footprint shall be provided as amenity space. Edmonds City Council Approved Minutes Q July 18, 2017 Page 14 Packet Pg. 200 9.2.f ■ If a vehicle parking area is being added to the site without the concurrent development of a building of at least 2,000 square feet, amenity space must be provided to equal at least 5% of the additional parking area. o Building Design and Massing - On the primary frontage, 50% of the building fagade between 2 and 10 feet in height shall be comprised of windows or doors that are transparent - Photograph of concept illustration of possible redevelopment How do proposed regulations encourage sustainable development? o Examples: ■ Bicycle storage ■ Electric vehicle charging wider pedestrian areas ■ Not excessive vehicle parking (transit friendly) ■ Amenity space ■ Stormwater mgmt. ■ Compact development ■ Landscaping and street trees Proposed change to sign code o Revision to 20.65.045 - Limit freestanding signs (such as monument signs) to maximum height of 14 feet in this district - Require freestanding signs to be counted as part of total maximum sign area for this district Ms. Hope reviewed the Planned Action Code: • Preliminary Draft o Planned Actions are allowed under GMA and SEPA ■ Based on EIS that has analyzed impact of subarea plan or development regulations ■ Ensures environmental impacts have been considered in establishing plans and regulations ■ Streamlines SEPA review process for projects that have already been covered by EIS for a subarea ■ Proposed planned action code for Edmonds - Is based on Hwy 99 Subarea EIS - Sets limits on amount and type of projects to be covered by Planned Action - Requires all other applicable codes and standards to be applied o Planned Action Code - Is based on EIS process underway - Establishes mitigation measures - Applies to development in CG district, in addition to other codes and standards - Details to be completed next week o Planning Board ■ Had introduction in June ■ To hold public hearing July 26 & make recommendation to Council Ms. Hope reviewed next steps: • Tonight: Council consideration of proposed zoning map update and code items • Next review July 31 • Potential Action August 15 Councilmember Fraley-Monillas was excited about the future of the Hwy 99 corridor and was pleased to hear clarification about the space between a residential development and an existing neighborhood. It was her understanding there would be 5 feet for streetscape, 10 feet for a pedestrian zone and 25 feet for an activity zone. Ms. Hope clarified there is a 5-foot streetscape zone, 5-10 feet for a pedestrian zone and 1.5 Edmonds City Council Approved Minutes Q July 18, 2017 Page 15 Packet Pg. 201 9.2.f — 2 and up to 10 feet for an activity zone. Councilmember Fraley-Monillas asked about development across the street from a residential neighborhood. Ms. Hope answered there would be a 15-foot setback, 10 feet of which has to be landscaped and if buildings are above 25 feet, each segment must have a 10-foot stepback. Councilmember Fraley-Monillas referred to a single family residential across the street from development and asked the typical width of a street. Ms. Hope answered streets would typically be 60 feet plus the 10- 20 foot setback. The street in the photograph she displayed as an example is 30 feet; Highway 99 is 100 feet wide. Councilmember Fraley-Monillas commented this gives the opportunity for residents to not live in the shadow of a building. She asked if a 75-foot high building would be 6 or 7 stories. Ms. Hope answered it would typically six. Councilmember Fraley-Monillas said she has researched 4-6 story buildings in the area and found the setback was important for single family neighborhoods. Councilmember Fraley-Monillas referred to the options for parking, agreeing that Option A would be more beneficial. Ms. Hope agreed, pointing out it addressed the appearance and avoids visible vehicle parking. Councilmember Fraley-Monillas commented regardless of the location of the parking, the primary frontage of the building would be glass. Ms. Hope agreed. Councilmember Tibbott asked if the windows on the primary frontage would be transparent windows. Ms. Hope answered they must be transparent. Councilmember Tibbott commented on the value of not having parking behind the transparent windows. He asked if it would be possible to have a storefront with parking behind. Ms. Hope answered yes. Councilmember Tibbott observed charging stations and bicycle storage are requirements not incentives. Ms. Hope agreed. Councilmember Johnson pointed out the reference to primary roads and suggested using the functional classification system such as principle arterial, collector street, etc. Ms. Hope said the terms used in the plan were more user friends and they were defined. Councilmember Johnson suggested it would be better to use the functional classification to be consistent with Transportation Element. Ms. Hope said the intent was to be descriptive. Councilmember Johnson asked how the alternative walkable parking designed works with a new dealership, recalling two dealerships have expanded in the past year. Ms. Hope answered the consultant was very cognizant that auto dealerships were an important source of revenue balanced with having the standards apply equally; there is a practical reason for having something different for vehicle sales facilities. Several areas in the code state, "other than as allowed for vehicle sales use." Councilmember Johnson asked if there were any incentives for energy efficiency such as LEED or Build Green buildings. Ms. Hope said there was interest in that for this area and throughout the City and staff has been working with regional partners on options for incentives but it was not ready to be included in this plan. Often the incentive is it saves money in the development long term or makes it a more attractive development for tenants. To promote LEED, the City would include that information in the building notice, etc. Providing a break in the permit fees is also something the Council could consider separately. Councilmember Teitzel observed the draft regulations require amenity space equally at least 5% of the building footprint but there is no requirement that that space be publicly accessible. Ms. Hope answered a developer wants areas that are private for the tenants; there is also a requirement for the first 10-20 feet in open pedestrian space. Councilmember Teitzel asked if a portion of the 5% of amenity space could be publicly accessible. Ms. Hope said that may have been necessary if there was not a requirement for public space in front of the building. Councilmember Buckshnis commented it was important to provide incentives for energy efficient and LEED such as a break on permit fees and/or fast -tracking the permitting process. To get buildings of future Edmonds City Council Approved Minutes Q July 18, 2017 Page 16 Packet Pg. 202 9.2.f in Edmonds, the City needs to provide accolades and breaks for developers who are willing to do that. Ms. Hope said staff will bring that to Council in the next few months. Mayor Earling said there would be another opportunity for Council review prior to adoption. 3. RESOLUTION OF INTENT TO DESIGNATE HIGHWAY 99 SUBAREA AS A RESIDENTIAL TARGETED AREA Economic Development/Community Services Director Patrick Doherty advised the resolution establishes the Council's intent to designate the Highway 99 Subarea as Residential Targeted Area for implementation of the Multifamily Property Tax Exemption (MFTE) Program and set a public hearing on August 15. The Council has already implemented MFTE in Westgate following approval of the subarea plan. The purpose of MFTE is principally to encourage development that is planning for in areas that have not seen or may be lacking in development of that nature. Multifamily or mixed use development would be incentivized by this program. The extra benefit of MFTE is it provides for affordable housing at 20% of the units. The State allows two options, an 8-year tax exemption for the residential portion with no affordable housing and a 12-year exemption if the project provides 20% of the units affordable. The Council previously approved the 12-year exemption with affordable housing for Westgate. If the resolution is approved by Council, at the August 15 public hearing, Mr. Doherty said he will present details of the program, adding this subarea and minor amendments to the code language. At that time, the Council could officially designate Highway 99 and approve the revised code language. He offered to provide the draft code language to committee prior to the August 15 public hearing. Mr. Doherty relayed the Economic Development Commission has indicated its desire to co-sponsor with City staff a redevelopment forum/event in fall that developers throughout the region would be invited to attend, present the new plan, expectations for the corridor, etc. MFTE would be one of the items highlighted at that event. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE RESOLUTION NO. 1390, A RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, NOTIFYING THE PUBLIC OF ITS INTENT TO DESIGNATE THE HIGHWAY 99 SUBAREA AS A RESIDENTIAL TARGETED AREA FOR THE PURPOSE OF ESTABLISHING A MULTIFAMILY TAX EXEMPTION PROGRAM AND SETTING A PUBLIC HEARING ON AUGUST 15, 2017 AT 7:00 P.M. Council President Mesaros requested the revisions to the code language be reviewed by committee. Councilmember Fraley-Monillas inquired about the boundaries of the Highway 99 Subarea Mr. Doherty answered it is the entire Highway 99 corridor within Edmonds and properties adjacent to Highway 99 particularly to the west. The MFTE program would apply to all properties that allow residential and/or mixed use. MOTION CARRIED UNANIMOUSLY. 4. HISTORIC INFORMATIONAL PANELS FOR YOST PARK AND WATERFRONT MILLS COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO REFER THIS TO THE PARKS, PLANNING AND PUBLIC WORKS COMMITTEE FOR REVIEW AND TAKEN UP AT A SUBSEQUENT CITY COUNCIL MEETING. Edmonds City Council Approved Minutes Q July 18, 2017 Page 17 Packet Pg. 203 9.2.g EDMONDS CITY COUNCIL APPROVED MINUTES July 31, 2017 ELECTED OFFICIALS PRESENT STAFF PRESENT Dave Earling, Mayor Al Compaan, Police Chief Thomas Mesaros, Council President Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Kristiana Johnson, Councilmember Shane Hope, Development Services Director Michael Nelson, Councilmember Jeff Taraday, City Attorney Adrienne Fraley-Monillas, Councilmember Scott Passey, City Clerk Diane Buckshnis, Councilmember Jerrie Bevington, Camera Operator Dave Teitzel, Councilmember Jeannie Dines, Recorder Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5t1i Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. AUDIENCE COMMENTS David Huneke, Edmonds, expressed frustration with the continued delay installing street lights on Pine Street. The lights were approved last year and scheduled to be install in the spring. The Council put the project on hold in May and three months later, the project is still on hold. The Parks, Planning & Public Works Committee discussed the lights and when no opposition was expressed, he anticipated the lights would be on the Council's agenda tonight. Continually delaying the lights puts the safety of pedestrians at risk. Beginning this week or next, Chevron will begin cleanup, 10-15 trucks will make 2-3 trips per day for 2 months. He hoped this issue would be addressed during committee reports including the reason for the delay. Alvin Rutledge, Edmonds, commented he has been on athletic field boards for the State, King County, and Seattle. Seattle raised $198 million via a levy in the past for fields. He relayed past interest in movies at Civic Fields. Farrell Fleming, Edmonds, Executive Director, Edmonds Senior Center, expressed appreciation for City workers' repair of the senior center's sewer issues. The senior center had to be evacuated and closed the Edmonds City Council Approved Minutes Q July 31, 2017 Page 1 Packet Pg. 204 9.2.g afternoon of July 18 due to a blockage that caused a sewer backup. The center remained closed the next day and porta-potties were delivered for planned weekend events. The center has a combination of many old sewer lines, some cement, some cast iron and the blockage occurred where those join. The center was able to reopen with porta-potties and two operating restrooms. A City team arrived at 6 a.m. July 25, determined the problem by 9 a.m., were laying gravel by 2 p.m. and the system was again operational by the next morning, hopefully for an extended period or at least another year. He commended the effective, hardworking, good-natured City staff, particularly Facilities Manager Tom Sullivan, Facilities Maintenance Worker Patrick Cleveland, Sewer Lead Worker Tim Harris, Senior Sewer Maintenance Workers Jim Clemens, Don Crofton and Rick Wickers. He requested staff be recognized for their work. 5. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF JULY 25, 2017 2. APPROVAL OF CLAIM AND PAYROLL CHECKS. 3. ACKNOWLEDGE THE RECEIPT OF A CLAIM FOR DAMAGES FROM RICHARD MILLER ($169.99). 4. ORDINANCE TO CHANGE THE TIMING OF THE HEARING EXAMINER'S ANNUAL REPORT 5. HISTORIC INFORMATIONAL PANELS FOR YOST PARK AND WATERFRONT MILLS 6. SOCIAL WORKER INTERLOCAL AGREEMENT 6. PUBLIC HEARING 1. PUBLIC HEARING ON HIGHWAY 99 PLANNED ACTION ORDINANCE Development Services Director Shane Hope introduced Anna Snyder Kelly, 3 Square Blocks, who worked on the environmental impact statement (EIS) as well as the Planned Action Ordinance. Ms. Snyder Kelly explained a Planned Action Ordinance regulates the projects covered by the environment analysis done in an EIS, deemed to be "planned actions" under the Planned Action Ordinance. A Planned Action Ordinance also regulates what must be done to mitigate the environmental impacts. The Planned Action Ordinance does not just permit developments because they are within the EIS; it requires environmental impacts created by a project to be mitigated. The benefit of a Planned Action Ordinance is it speeds up the SEPA process for developers which encourages the kind of growth and economic development the City has stated it desires, creating benefit for all parties. Ms. Snyder Kelly explained there are three basic steps in preparing a Planned Action Ordinance, 1) prepare an EIS that analyzes the environment impacts that various types of development might have on an area, 2) develop and adopt a Planned Action Ordinance, and 3) review individual development projects to determine if they are a planned action under the Planned Action Ordinance. She provided an analogy; if a development process is a trip on a plane, a Planned Action Ordinance is the equivalent of TSA precheck. A Planned Action Ordinance does not just let development occur because it happened to have been described in the EIS, but it speeds up the line and requires development to mitigate for the environmental impacts it has on Edmonds City Council Approved Minutes Q July 31, 2017 Page 2 Packet Pg. 205 9.2.g an area. More specifically, a Planned Action Ordinance is procedural in the sense that it does not change the underlying codes and standards; each development considered under a Planned Action Ordinance still must follow the underlying plans and codes. The City determines if a project is a planned action and can be considered under the Planned Action Ordinance. Ms. Snyder Kelly explained the proposed Planned Action Ordinance outlines five thresholds used to determine if a project qualifies: 1. Land Use • Meets land uses allowed by the code and described in the EIS 2. Development threshold (for entire study area) • 3,325 dwelling units • 1,634,685 square feet of building area 3. Transportation • Not more than 2,755 new evening peak hour trips (for entire study area). 4. Elements of the Environment and Degree of Impacts • A proposed project that would result in a significant change in the type or degree of impacts to any of the elements of the environment analyzed in the Planned Action EIS would not qualify as a planned action Changed Conditions • Should environmental conditions change significantly from those analyzed in the Planned Action EIS, the City's SEPA Responsible Official may determine that the Planned Action designation is no longer applicable until supplemental environmental review is conducted. Council President Mesaros asked how the thresholds were determined. Ms. Snyder Kelly responded the transportation thresholds were calculated based on level of service (LOS) in the City's code and requirements for concurrence. The development thresholds are also related to concurrency. Council President Mesaros relayed his understanding there was no change to those. Ms. Snyder Kelly agreed. Councilmember Buckshnis asked whether this was the first time the City has considered a Planned Action Ordinance. Ms. Hope answered yes, this is the first time the City has undertaken a Planned Action Ordinance and an EIS for a subarea. Councilmember Buckshnis asked why the City wanted to speed up the SEPA process, observing SEPA is extremely important. Ms. Hope clarified the real value is not that it makes the SEPA process a few days faster; the value is having an EIS that has assessed the impacts of development which helps assure the community that impacts of development have been considered and the Planned Action Ordinance memorializes that. A SEPA Checklist is still required for each project. Councilmember Nelson asked how much time is saved. Ms. Hope answered for a developer it may be a few days or a couple weeks, it is not a huge amount of time unless a huge project is proposed which could potentially save a developer several weeks. Councilmember Nelson observed the time savings was also a cost savings. Ms. Hope agreed. Councilmember Johnson asked whether the EIS had been published. Ms. Hope advised the draft EIS is available online and the final EIS will be posted tomorrow; there was little change between the two. Ms. Snyder Kelly advised the final EIS incorporates a number of public comments which were used to make a few tweaks such as incorporating things Community Transit is doing. Councilmember Johnson referred to G5 in the Planned Action Ordinance related to development agreements which states the City or an applicant may request consideration and execution of a development agreement as allowed in Chapter 20.08 ECDC for a Planned Action project. She recalled the Council had a robust discussion regarding development agreements 3-5 years ago but the discussion was never concluded. That discussion included types of incentives and tradeoffs for development agreements. She Edmonds City Council Approved Minutes Q July 31, 2017 Page 3 Packet Pg. 206 9.2.g asked the status of the development agreement process. Ms. Hope answered development agreements are allowed under the existing code; if a project doesn't meet certain aspect of the code but meets the intent, the Council can consider a development agreement that binds the developer to certain conditions. A development agreement requires a decision by the City Council. A number of cities allow for development agreements and Ms. Hope acknowledged there are pros and cons to their use but there are occasions when they are useful. She felt it was worthwhile to again consider the chapter related to development agreements, but that was a different process; this ordinance simply references the existing code regarding development agreements and does not change anything. Councilmember Johnson relayed her understanding the Council would work with a developer on case -by - case basis. Ms. Hope answered yes. She was not expecting requests for a development agreement and she has not heard anything that would likely lead to a development agreement; the ordinance simply leaves that option open. Councilmember Johnson observed the Development Services Director or designee determines if an application is complete and that the decision of the SEPA Responsible Official regarding qualification as a planned action shall be final. She asked who is the SEPA Responsible Official Ms. Hope advised the Planning Manager is the SEPA Responsible Official, currently Rob Chave. Councilmember Johnson observed there was no way to challenge that decision. Ms. Hope answered that is typically considered an administrative decision. Councilmember Johnson observed the Planned Action Ordinance would be reviewed in five years. Ms. Hope agreed. Councilmember Johnson observed the ordinances takes effect 5 days after passage and asked whether the Planned Action Ordinance could be adopted prior to the Comprehensive Plan when it was related to the Hwy 99 subarea plan. Ms. Hope answered subarea plans can be adopted outside the normal Comprehensive Plan amendment process. Once the Council approves the Hwy 99 subarea plan, which is considered part of the Comprehensive Plan, the Planned Action Ordinance could go forward. Councilmember Tibbott relayed his understanding that development could go forward unless there were significant impacts and asked for examples of impacts that would disallow development. Ms. Hope answered an obvious example would be the traffic proposed at an intersection would cause the intersection's LOS to fail; specific mitigation and additional study would be required. Councilmember Tibbott asked for other examples. Ms. Hope answered traffic would be the mostly likely as there are no wetlands in this area. Ms. Snyder Kelly pointed out if a project does not meet the qualifications to be considered a planned action, it automatically reverts to the original SEPA process. Councilmember Tibbott asked for an example of changed conditions. Ms. Hope answered the most likely would be if traffic patterns did not occur in the way the modeling indicates. Ms. Snyder Kelly answered another example would be an unexpected increase in population and the utilities no longer support the development that would allowed, the environmental impact of the project would need to be considered. Councilmember Tibbott relayed his understanding there were conditions that could require further study or deeper analysis. He asked who decides when the impact or changed conditions required further analysis. Ms. Hope answered that would typically be the SEPA official or it could be raised by others. Councilmember Tibbott concluded the involvement of the SEPA Official provides additional objectivity. Councilmember Buckshnis asked why the public hearing was being held tonight when the Council has not seen the EIS which should have been included in the packet and it had not been reviewed by the Planning Board. Ms. Hope clarified it did go through the Planning Board; the Planning Board held at least two meetings including a public hearing and recommended adoption. The Planning Board minutes were sent to Council today. Edmonds City Council Approved Minutes Q July 31, 2017 Page 4 Packet Pg. 207 9.2.g Councilmember Buckshnis echoed Councilmember Johnson's concern that the Council never completed its discussion about development agreements and according to the 20.08.050, the attorney does everything and the Council is not involved. Ms. Hope assured a development agreement requires Council approval. Mr. Taraday pointed out 20.08.040 states a development agreement is a Type V development project permit application which is a Council decision. Councilmember Buckshnis relayed her support for Hwy 99 but she had not received all the documents necessary to fully understand. Ms. Hope said the development agreement reference is not essential to this Planned Action Ordinance; it simply references the existing chapter. If the Council chose not to include that provision, that would be okay. Mayor Earling opened the public participation of the public hearing. Seth Hale, Seattle, offered suggestions to enhance the goals of the proposed code language with regard to required parking and alternative transportation modes for transit oriented development (TOD) within '/4 mile of BRT stations. Characteristics of TODs include multiple transportation choices and reduced parking. Studies have shown that increased transportation choices and reduced parking benefit the environment and reduce auto congestion. Incentivizing development to provide additional transportation choices in exchange for reduced parking only increases these benefits. Examples of incentives include charging stations. Incentivizing charging stations within TODs would provide a higher number of charging stations or capacity. For example, for every 4 additional charging stations or capacity, the number of standard vehicle stalls could be reduced by 1 stall, up to a maximum of 5% of required parking. This is a good trade with regard to cost, each charging station costs $4,000 to $6,000; structured parking stalls range from $10,000 to $30,000. Reducing one parking stall offsets the cost of an EV station. Under the proposed code, a charging station shall be installed to serve at least 10% of the required residential parking stalls. While Washington is a leader in the number of electrical vehicles they account for less than 1% of the registered vehicles. Mr. Hale relayed concern that as technology advances, charging stations will also likely advance and today's equipment may become obsolete. He suggested an initial lower percentage of functioning charging stations with a potential for increasing or exceeding capacity. Another example is car sharing; car sharing users tend to be millennials and there are significantly more renters under 30 than homeowners. He has seen car sharing used successfully in Seattle where car sharing spaces reduced the required parking by 3 stalls to a maximum of 15% of the required parking stalls. He acknowledged the cost to provide additional transportation modes such as bicycle parking charging stations, car sharing, subsidized transit passes, etc. adds to the overall project costs. A reduction in required parking stalls helps offset these costs and ensures TODs can compete with typical development to provide affordable housing with alternative transportation modes close to BRT stations. Alvin Rutledge, Edmonds, referred to casinos in neighboring cities and adult entertainment in Shoreline that are used by Edmonds residents. As more businesses locate on Highway 99, the traffic increases. He questioned the existing zoning and the proposed zoning, recalling the reason development has not occurred in Edmonds is the cost. He provided a Seattle Times article from 1987 regarding the Council considering a topless -bar law. Mark Tekin and Dominic Rambes, Tekin & Associates, owners of the Denny's property on Highway 99, explained a year ago they got the space back as it was no longer financial feasible for Denny's. They have proposed a project with 4 tenants, 2 restaurants tenants and 2 retail tenants that would provide daytime and evening services to the community. They submitted a land use application which was approved on July 14, 2017. Five days after approval, they were informed by City staff it was no longer valid due to the new development guidelines under consideration. He relayed they spent a lot of time and energy on the Edmonds City Council Approved Minutes Q July 31, 2017 Page 5 Packet Pg. 208 9.2.g redevelopment project and although they had interest from fast food, they have proposed a nice, modern redevelopment with no drive throughs. Eric Nielsen, Area Architecture, representing the project on 212th St SW & 72ndAve W, referred to the proposed increase in the building setback from 4 feet to 10 feet, relaying a preference for more flexibility in the code language to allow for site specific solutions as a blanket 10-foot setback may not provide the desired solution on every site. He referred to images he provided the Council, first an example of a 4-foot setback or other minimal dimension that allows the developer opportunity to setback the building higher up, essentially transition the building to the street level. He referred to sections in the images, an example of an elevation with a 10-foot setback and a vertical building along the sidewalk. The second elevation provides a more pedestrian scale on the sidewalk with setback above and opportunity for landscaping above the street. He recommended the Council consider more flexible in the code with two options, 1) the 10 foot setback and 2) reduced setbacks as long as the building is setback above by 10 feet. With regard to the proposal to not allow parking within 20 feet of the building wall, he pointed out this pressures building owners to provide commercial and residential uses on the ground floor; however, not all sites are suitable for residential or commercial uses, potentially resulting in vacant space on the ground floor. Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. Councilmember Fraley-Monillas asked Ms. Hope to comment on the Denny's site. Ms. Hope said she would need to research the particulars of the site. It was her understanding if a building permit was approved, it would not be invalidated based on a code that was not yet adopted. City Attorney Jeff Taraday relayed he was contacted by their attorney; the issue is they have approved design review but not an approved building permit so the project is not yet vested. The attorney's request was for the Council to consider a delayed effective date that would allow the applicant to submit a building permit application before the ordinance is effective. Councilmember Fraley-Monillas asked how the new code would prohibit the owners of the Denny's site from developing. Ms. Hope answered it was related to the specifics of development, not whether they could develop. For example, the setbacks may be different; basically, the design standards would change for the site and the building. Councilmember Fraley-Monillas suggested if they were interested in developing with their original plan, they should apply for a permit sooner rather than later. Ms. Hope agreed, advising the other option, if City Council wanted to permit this project, specific language could be included in the code or the effective date could be changed. If a building permit is submitted as a complete application prior to a new code taking effect, the project is vested. Councilmember Fraley-Monillas observed that corner has had its challenges and it would be nice to see it redeveloped. Councilmember Johnson asked about the effective date of new ordinance. Ms. Hope said their concern was not related to the Planned Action Ordinance but rather the underlying development regulations. If the development regulations were adopted on August 15, they are effective 5 days after publication. If the Council chose to forward approval to the Consent Agenda, there would be a slight delay. Another option would be for her to research and provide more information at the Council's next meeting and determine if the Council wants to craft language related to that project given that a lot of work has been done it. 7. STUDY ITEMS REVIEW OF PROPOSED HIGHWAY 99 SUBAREA PLAN AND DEVELOPMENT REGULATIONS Development Services Director Shane Hope recalled the Council last reviewed Highway 99 Area zone and code changes on July 18. At that time discussion included comparison with existing zone map and development code, review of proposed CG site & building design standards and specific questions and Edmonds City Council Approved Minutes Q July 31, 2017 Page 6 Packet Pg. 209 9.2.g comments. The focus of tonight's meeting is next steps for draft plan, zone map and development code. She sought Council direction to proceed with draft ordinances for the August 15 Council meeting. She displayed an aerial view of the project area (Highway 99 corridor and surrounding area) and reviewed: • Planning process and timeline o Understanding existing conditions: March - April 2016 o Develop land use and transportation scenarios: April - June 2016 o SEPA & Planned Action Environmental Impact Assessment: April - November 2017 o Develop subarea Draft Plan: October - December 2016 o Final Subarea Plan: January - June 2017 • Community Values o Connectivity o Designations o Beautification o Safety o Walkability o Affordable housing o Healthy businesses • Distinct Subdistricts o Major local and regional destinations on Hwy 99 ■ International District - Diverse restaurants, grocers and shops; major Korean business cluster ■ Health District - Swedish Hospital and medical offices ■ Gateway District - Identified by the community during workshop - Desire for "gateway" and distinct transition point in and out of Edmonds • Subarea Plan: implementation strategies, policy recommendations and actions o Zoning and development recommendations o Affordable housing recommendations o Signage and wayfinding recommendations o Transit recommendations o Transportation infrastructure recommendations ■ Map: Planned Transportation Improvements • Current Zoning Map o The only difference between CG and CG2 is the height limit (CG = 60' and CG2 = 75') o Many current zones are remnants from the county's antiquated zoning o Some zones do not match with the parcel boundaries • Proposed Zoning Map o The proposal is to change these zones to the consolidated CG zone o Incorporate design standards that will increase vitality and ensure transition into neighborhoods o More predictable outcomes for community • Zoning Map & Development Regulations - Goals o Vitality and livability o Sustainability o Consistency with subarea plan o Reasonable balance of requirements and options • Site development standards - General 16.60.020 o Pedestrian area - required adjacent to street ■ Composed of three zones: streetscape zone, pedestrian zone and activity zone ■ Comparison of pedestrian area requirements - Required in existing CG regulations? - no Edmonds City Council Approved Minutes Q July 31, 2017 Page 7 Packet Pg. 210 9.2.g - Required in proposed CG regulations? - yes o Comparison of dimensional requirements Existing CG Chapter Proposed CG Chapter Height 60-75' 75' max* Street setback 4' min. 5'110' Side/rear setback 0115 0115 Stepback No additional stepback required for upper stories Additional stepback required for upper stories adjacent to single family o Additional building stepback when adjacent to RS zones ■ Upper Stories stepback 10' for 25' of building height; and 20' for 55' of building height Site development standards -design standards 16.60.030.A. LE o Illustration of 15' setback with 10' landscape buffer o Additional building stepback with adjacent to RS zones o Illustration of upper stories stepback 10' for 25' of building height; and 20' for 55' of building height o Photo example of across -the -street transition illustrating streetscape zone separation provided by street and o Minimum 5 feet wide type IV landscaping is required along all street frontages where parking lots abut the street o Access and vehicle parking ■ All off-street surface parking shall be located to the side or rear of the primary building, except as otherwise specifically allowed by this chapter, and shall be screened from sidewalk by a wall or plantings between 2 to 4 feet in height ■ Outdoor parking areas shall comprise 40% or less of the public street frontage area within 100 feet of the primary street for the lot or tract and, on corner lots, may not be located at the corner. Requirements of this subsection do not apply to permitted auto sales uses ■ High parking requirements can impede development ■ Proposed regulations aimed to encourage transit -oriented development options - 0.75 parking spaces per residential unit less than 700 sq. ft. - 1.25 parking spaces per residential unit of 700-1100 sq. ft. - 1.75 parking spaces per residential units greater than 1100 sq. ft. - Guest parking: 1 space/per 20 units o Required electric vehicle charging stations ■ One or more electric vehicle charging stations must be provided for all new development that includes housing (to serve 10% of required parking spaces) ■ Each electric vehicle charging station typically serves two vehicles ■ 1 station/10 required residential stalls plus planned capacity to double that amount in the future o Required bicycle storage spaces ■ Bicycle storage spaces for multifamily housing, excluding housing for assisted living or other specialized facilities, shall be provided for residents ■ 1 bicycle storage space for each residential unit under 700 square feet and 2 bicycle storage spaces for each residential unit greater than 700 square feet - With 50% reduction for bikes stored in common spaces if additional racks are available for guests o Paths within parking lots ■ Pedestrian walkways in parking lots shall be delineated by separate paved routes that meet federal accessibility requirements and that use a variation in textures and/or colors and may include landscape barriers and landscape islands o Pedestrian and transit access Edmonds City Council Approved Minutes Q July 31, 2017 Page 8 Packet Pg. 211 9.2.g ■ Where a transit station or bus stop is located in front of or adjacent to a parcel, pedestrian connections linking the station or stop directly to the development are required. ■ Pedestrians routes shall connect buildings on the same site to each other Site Development Standards — Site Design and Layout 16.60.030.0 1) Pedestrian Oriented Design ■ At least 50% of a building's facade facing the primary public street shall be located within 20 feet of the property line where the primary street frontage exists. ■ Building must include a prominent pedestrian entry on the primary frontage ■ Vehicle parking shall not be located within the first 20 feet of the primary street frontage, other than as allowed for vehicle sales use. 2) Alternative walkable design area option ■ For sites with unique constraints. ■ At least 50% of the building's facade facing the primary street shall be located within 60 feet of the front property line 3) Exceptions process for pedestrian and walkable design options ■ Exemptions may be allowed by hearing examiner to provide for design flexibility that still encourages pedestrian orientation and efficient land uses under following criteria: - Property is located within 300 feet of highway interchange or has unique pedestrian access constraints - One or more buildings are located facing the primary street frontage - The development provides business and pedestrian areas near the primary street frontage and likely to be active through the day/evening. - Not more than 50% of required parking within first 20 feet of property - At least 25% of required amenity space is located to connect building to the street - Where a site has multiple buildings, amenity space should be located between buildings to allow shared use - One or more buildings on the site must have at least two stories of usable space o Amenity Space ■ An area equivalent to at least 5% of the building footprint shall be provided as amenity space. ■ If a vehicle parking area is being added to the site without concurrent development of a building of at least 2,000 square feet, amenity space must be provided to equal at least 5% of additional parking area. o Building Design and Massing - On the primary frontage, 50% of the building facade between 2 and 10 feet in height shall be comprised of windows or doors that are transparent o New standard for vehicle parking within buildings ■ On primary frontage, no vehicle parking within first 20 feet of building facing street How do proposed regulations encourage sustainable development? o Examples: ■ Bicycle storage ■ Electric vehicle charging ■ Wider pedestrian areas ■ Not excessive vehicle parking (transit friendly) ■ Amenity space ■ Stormwater mgmt. ■ Compact development ■ Landscaping and street trees o Concept illustration of possible redevelopment Proposed change to sign code o Revision to 20.65.045 Edmonds City Council Approved Minutes Q July 31, 2017 Page 9 Packet Pg. 212 9.2.g - Limit freestanding signs (such as monument signs) to maximum height of 14 feet in this district - Require freestanding signs to be counted as part of total maximum sign area for this district Ms. Hope relayed tonight was an opportunity for Council review and direction to proceed with draft ordinances and final presentation and adoption of the ordinances on August 15. Councilmember Buckshnis recalled public comment tonight about the code, not the Planned Action Ordinance. She asked if the public hearings had been completed. Ms. Hope explained several public meetings and hearings have been held and there were no plans for more. There will be another presentation on August 15 and opportunity for public comment during Audience Comments. Councilmember Buckshnis asked whether the Planned Action Ordinance and the code had to be approved at the same time. Ms. Hope answered no, it would be ideal to approve the subarea plan and the code amendments at the same time. The Planned Action Ordinance can be adopted at the same time or a little later. Councilmember Buckshnis relayed her interest in reviewing the Planning Board minutes and the EIS. Councilmember Buckshnis recalled the Council also approved a resolution of intent to designate the Hwy 99 subarea as a Residential Targeted Area on July 18 and asked how that fit with these other regulations. Ms. Hope answered one of the recommendations in the subarea plan was to allow the Multifamily Tax Exemption (MFTE) in this area. The Council approved a resolution of intent to designate the Highway 99 Subarea as Residential Targeted Area for implementation of the MFTE program and will hold a public hearing on August 15. Councilmember Teitzel commended staff and the consultant on the Hwy 99 subarea plan, an excellent example of involving the public. He referred to Esperance on the west side of Hwy 99 which comprises approximately 10% of the Hwy 99 frontage and asked if Hwy 99 is rezoned to CG, will the zoning of Esperance be inconsistent if the City annexes it in the future. He asked if it would behoove the City to work with Snohomish County now to modify the zoning to be more consistent with the intent for that area. Ms. Hope answered staff has involved Snohomish County in the development of the plan and they have been very supportive. It may be some time before Esperance is annexed by the City but staff will continue working with Snohomish County. Councilmember Teitzel asked if Snohomish County was interested in CG-type zoning in that area. Ms. Hope said Snohomish County has had no objections but they would have to take action. Snohomish County has many unincorporated areas and have not looked at them individually; they expect cities to annex them and then it becomes a city issue. Councilmember Johnson referred to the new development on 196t' in Lynnwood near the convention center, relaying her objection to the six -story flat wall. She hoped something more architecturally interesting and less oppressive for pedestrians would be built on Hwy 99. Ms. Hope said she would consider that and address it at the next meeting. Councilmember Johnson asked if there was a roadway or profile design beyond the pedestrian area. Ms. Hope said a detailed corridor design is planned using State funds. The $1 million allocated by the State has been delayed due to delays at the legislature in approving the capital budget. Councilmember Johnson said in her conversations with WSDOT, bicycles are not excluded from Hwy 99 or SR-104. She expressed interested in not necessarily a bicycle lane but an opportunity to protect bicycle riders. She recalled this was an issue of right-of-way width on SR-104 but Hwy 99 is wider. Ms. Hope answered Hwy 99 is 100 feet wide. Councilmember Johnson suggested future planning include how to accommodate bicycles. She relayed her continued concern that the bicycle route on 212t' did not extend to the Interurban Trail. Councilmember Johnson suggested another issue she wants addressed in the Hwy 99 subarea plan is whether an urban interchange is needed for SR-104/Hwy 99 which is currently incomplete for all Edmonds City Council Approved Minutes Q July 31, 2017 Page 10 Packet Pg. 213 9.2.g movements. As this will be expensive, she suggested it be included in the plan so it can get on a list. That interchange would improve access to adjacent properties and improve movement on SR-104, a highway of statewide significance. She appreciated that the plan did not allow vehicle parking on the first level but pointed out the Everett Clinic has parking on the first and second levels that is visible from the street. She suggested consideration be given to how to better screen or eliminate visibility of parking. Ms. Hope agreed vehicle parking could occur on the second level, not just the first level, and the proposed code does not address that. Councilmember Johnson suggested consideration be given to expanding Park & Rides within the corridor. There are three Swift transit stations and it is assumed people will walk'/4 mile. She uses the Swift line but lives more than a '/4 mile away and typically parks in a Park & Ride lot. There is no parking for the Swift line, yet if Edmonds residents utilize it, they may need parking. Ms. Hope advised that was not in the current scope; Community Transit's policy is to not build Park & Ride lots on that valuable land. Councilmember Johnson suggested consideration be given to increasing size of existing Park & Ride lots or other options. To encourage people to ride the bus, the amount of parking is reduced; however, there is not a lot of on - street parking in the surrounding area. For example, she currently parks at Safeway but that extra parking may not exist in the future. Councilmember Tibbott recalled Ms. Hope stating two electrical vehicles could be charged in one parking space. Ms. Hope clarified each charging station has two outlets. Councilmember Tibbott asked about the requirement to provide future capacity for charging stations. Ms. Hope explained the wiring would be installed but not the stations themselves. Councilmember Tibbott asked about the percentage. Ms. Hope answered the requirement for future capacity is doubling the currently requirement. For example, if five stations are required, the developer would have to rough -in an additional five. Councilmember Tibbott was intrigued by parking for vehicle sharing or drop off zones. He asked what capacity could be added or provided in a residential development. Ms. Hope said that is identified in the code as one of the ways to offset some of the parking requirements; the developer would be required to demonstrate how that would be provided and the amount of parking it would offset. Councilmember Tibbott recognized not all future transportation forms could be anticipated and he was interested in providing some flexibility. Councilmember Fraley-Monillas observed Hwy 99 has no bike lanes, not in Seattle, Shoreline or Lynnwood, likely because it was deemed to be unsafe. Ms. Hope said given that Hwy 99 is a highway as well as the amount of traffic, alternative parallel routes have been provided. Councilmember Fraley- Monillas observed there are often bikes on 76t' Avenue and on the Interurban Trail. Councilmember Fraley-Monillas referred to Councilmember Johnson's comment about Park & Ride lots, pointing out the purpose of TOD is to increase the number of people using transit but they do not need a Park & Ride lot. Ms. Hope agreed residents in new development on Hwy 99 could walk to transit and they have parking on site. People who do not live in the Hwy 99 area who want to use transit may want a Park & Ride lot; however, that is not related to the Hwy 99 plan. The Swift line is the highest performing line Community Transit has, even without a Park & Ride lot. Councilmember Fraley-Monillas commented there is only one Park & Ride lot on the corridor in Edmonds. She questioned where Swift riders park now. Ms. Hope said she could check with Community Transit. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO DIRECT STAFF TO PREPARE THE PROPOSED HIGHWAY 99 SUBAREA PLAN AND DEVELOPMENT REGULATIONS IN ORDINANCE FORMAT FOR COUNCIL CONSIDERATION AND ADOPTION ON AUGUST 15. MOTION CARRIED UNANIMOUSLY. Mayor Earling declared a brief recess. Edmonds City Council Approved Minutes Q July 31, 2017 Page 11 Packet Pg. 214 9.2.h EDMONDS CITY COUNCIL APPROVED MINUTES August 15, 2017 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Thomas Mesaros, Council President Kristiana Johnson, Councilmember Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Al Compaan, Police Chief Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Patrick Doherty, Econ. Dev & Comm. Serv. Dir Shane Hope, Development Services Director Scott James, Finance Director Dave Turley, Assistant Finance Director Rob English, City Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Andrew Pierce, Legislative/Council Assistant Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5t1i Avenue North, Edmonds. He announced audience comment would be limited to 2 minutes per person. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS 1. LEGISLATIVE SESSION WRAP-UP 2017 Jennifer Ziegler, the City's lobbyist/government affairs specialist, reported: Session overview o Continue to have close margins between republicans and democrats in both chambers o Final biennium to fulfill state funding obligations for basic education most estimates are between $3 and $3.5 billion o Significant disagreement on funding for collective bargaining agreements o Disagreement on major policy issues, including paid family leave, the Hirst decision and the 1 % property tax cap o Concerns regarding Sound Transit motor vehicle excise tax rates Edmonds City Council Approved Minutes Q August 15, 2017 Page 1 Packet Pg. 215 9.2.h members and a broad and flexible representation from elected officials and emergency professionals. As someone who has had to be transferred after calling, he assured it was an awful experience. He wholeheartedly supported consolidation. Councilmember Johnson said although the presentation indicated there would elected officials on the Board, it appears they are not elected officials but fire and police. Mr. Peterson answered there would be representation from fire and police agencies; there is a requirement for a mix of elected and operational personnel on the Board. Councilmember Johnson asked how elected officials would be selected. Mr. Peterson answered there will be a caucusing process; Edmonds is in the third caucus which is shared with Marysville and Lynnwood and is based on the percentage of population as it relates to the entire County. Those three agencies will collectively share three seats, at least one of the three be an operational person. The caucusing processing would occur in April every year with two-year appointments. The initial caucusing process will occur January 15, 2018 should consolidation move forward; the initial representatives will serve 2+ year terms until April 2020. Councilmember Johnson observed only one operational person was required from the three cities. Mr. Peterson agreed. Councilmember Johnson asked how the other caucuses worked. Mr. Peterson explained there are 3 other caucuses, one dedicated to the Snohomish County Sheriff's Office and because the unincorporated portion of Snohomish County represents 40% of the population, SCSO has 2 seats; of the 2 seats, one is operational staff or SCSO. The second caucus is Everett who has 2 seats, 1 must be operational. The third caucus is Edmonds, Lynnwood, Marysville with 3 seats. The fourth caucus is the remaining 8 smaller cities who share 3 seats; 1 of which must be operational. MOTION CARRIED UNANIMOUSLY. 2. ADOPTION OF SUBAREA PLAN ZONE MAP AMENDMENTS, DEVELOPMENT REGULATIONS, AND PLANNED ACTION FOR HIGHWAY 99 AREA Development Services Director Shane Hope introduced John Fregonese, Principal, Fregonese Associates. Mr. Fregonese explained the City Council last reviewed the Highway 99 Area Plan and proposed code updates on July 31. The focus of tonight's meeting is adoption of the Plan, Development Code/Map and Planned Action. Mr. Fregonese described: • Planning process and timelines • Extensive Public Outreach o Numerous meetings with Planning Board & City Council o Meetings with key property owners 0 3 public open houses 0 4-5 mailings about the project, each to nearly 2200 addresses o Press releases o News media articles o Announcements via email list o Technical advisory committee meetings o Ongoing website info o Facebook posts 0 5 Public hearings o Misc. communication with interested parties • March 2016 public workshop • November 2016 open house • Community Values • Distinct Subdistricts Edmonds City Council Approved Minutes Q August 15, 2017 Page 14 Packet Pg. 216 9.2.h o Major local and regional destinations on Hwy 99 o International District o Health District o Gateway District • Subarea Plan: implementation strategies, policy recommendations and actions o Planned Transportation Improvements • Current Zoning Map o The only difference between CG and CG2 is the height limit (CG = 60' and CG2 = 75') o Many current zones are remnants from the county's antiquated zoning o Some zones do not match with the parcel boundaries • Proposed Zoning Map o The proposal is to change these zones to the consolidated CG zone o Incorporate design standards that will increase vitality and ensure transition into neighborhoods o More predictable outcomes for community • Zoning Map & Development Regulations - Goals o Vitality and livability o Sustainability o Consistency with subarea plan o Reasonable balance of requirements and options • Site development standards - General 16.60.020 o Pedestrian area - required adjacent to street and composed of three zones: streetscape zone, pedestrian zone and activity zone o Comparison of pedestrian area requirements ■ Required in existing CG regulations? - no ■ Required in proposed CG regulations? - yes o Comparison of dimensional requirements Existing CG Chapter Proposed CG Chapter Height 60-75' 75' max* Street setback 4' min. 5'110' Side/rear setback 0115 0115 Stepback No additional stepback required for upper stories Additional stepback required for upper stories adjacent to single family Site development standards -design standards 16.60.030.A. LE o Illustration of 15' setback with 10' landscape buffer o Additional building stepback with adjacent to RS zones o Photo example of across -the -street transition illustrating streetscape zone separation provided by street and o Minimum 5 feet wide type IV landscaping is required along all street frontages where parking lots abut the street o Access and vehicle parking ■ All off-street surface parking shall be located to the side or rear of the primary building, except as otherwise specifically allowed by this chapter, and shall be screened from sidewalk by a wall or plantings between 2 to 4 feet in height ■ Outdoor parking areas shall comprise 40% or less of the public street frontage area within 100 feet of the primary street for the lot or tract and, on corner lots, may not be located at the corner. Requirements of this subsection do not apply to permitted auto sales uses ■ High parking requirements can impede development ■ Proposed regulations aimed to encourage transit -oriented development options - 0.75 parking spaces per residential unit less than 700 sq. ft. - 1.25 parking spaces per residential unit of 700-1100 sq. ft. - 1.75 parking spaces per residential units greater than 1100 sq. ft. Edmonds City Council Approved Minutes Q August 15, 2017 Page 15 Packet Pg. 217 9.2.h - Guest parking: 1 space/per 20 units o Required electric vehicle charging stations ■ One or more electric vehicle charging stations must be provided for all new development that includes housing (to serve 10% of required parking spaces) ■ Each electric vehicle charging station typically serves two vehicles ■ 1 station/10 required residential stalls plus planned capacity to double that amount in the future o Required bicycle storage spaces ■ Bicycle storage spaces for multifamily housing, excluding housing for assisted living or other specialized facilities, shall be provided for residents ■ 1 bicycle storage space for each residential unit under 700 square feet and 2 bicycle storage spaces for each residential unit greater than 700 square feet - 50% reduction for bikes stored in common spaces if additional racks are available for guests o Paths within parking lots o Pedestrian and transit access Site Development Standards — Site Design and Layout 16.60.030.0 1) Pedestrian Oriented Design ■ At least 50% of a building's fagade facing the primary public street shall be located within 20 feet of the property line where the primary street frontage exists. ■ Building must include a prominent pedestrian entry on the primary frontage ■ Vehicle parking shall not be located within the first 20 feet of the primary street frontage, other than as allowed for vehicle sales use. 2) Alternative walkable design area option ■ For sites with unique constraints. ■ At least 50% of the building's fagade facing the primary street shall be located within 60 feet of the front property line 3) Exceptions process for pedestrian and walkable design options ■ Exemptions may be allowed by hearing examiner to provide for design flexibility that still encourages pedestrian orientation and efficient land uses under following criteria: - Property is located within 300 feet of highway interchange or has unique pedestrian access constraints - One or more buildings are located facing the primary street frontage - The development provides business and pedestrian areas near the primary street frontage and likely to be active through the day/evening. - Not more than 50% of required parking within first 20 feet of property - At least 25% of required amenity space is located to connect building to the street - Where a site has multiple buildings, amenity space should be located between buildings to allow shared use - One or more buildings on the site must have at least two stories of usable space o Amenity Space ■ An area equivalent to at least 5% of the building footprint shall be provided as amenity space. ■ If a vehicle parking area is being added to the site without concurrent development of a building of at least 2,000 square feet, amenity space must be provided to equal at least 5% of additional parking area. o Building Design and Massing ■ On the primary frontage, 50% of the building fagade between 2 and 10 feet in height shall be comprised of windows or doors that are transparent o New standard for vehicle parking within buildings ■ On primary frontage, no vehicle parking within first 20 feet of building facing street How do proposed regulations encourage sustainable development? Edmonds City Council Approved Minutes Q August 15, 2017 Page 16 Packet Pg. 218 9.2.h o Examples: ■ Bicycle storage ■ Electric vehicle charging ■ Wider pedestrian areas ■ Not excessive vehicle parking (transit friendly) ■ Amenity space ■ Stormwater management ■ Compact development ■ Landscaping and street trees o Concept illustration of possible redevelopment Mr. Fregonese reviewed a proposed change to sign code • Revision to 20.65.045 o Limit freestanding signs (such as monument signs) to maximum height of 14 feet in this district o Require freestanding signs to be counted as part of total maximum sign area for this district Mr. Fregonese reviewed the Planned Action Ordinance (PAO): • EIS, analyzing environmental impacts was issued for Highway 99 area plan. • To make future project review easier, a draft Planned Action Ordinance has been prepared. It reflects the EIS assumptions & mitigation • Planning Board held public hearing & recommended Council adoption of PAO • City Council held public hearing on PAO on July 31 Mr. Fregonese recommended the Council adopt ordinances for the Subarea Plan, Zone Map and Development Regulations, and Planned Action. Ms. Hope explained there are two versions of the Zone Map and Development Regulations in the Council packet; the only difference is Attachment 2 provides for the normal process of adopting development regulations; following adoption and publication, the regulations are effective in 5 days. The regulations in the ordinance in Attachment 3 are the same but it states any project that had design review approval within a certain timeframe, they are grandfathered under the older regulations if building permits are submitted by September 30. She acknowledged there were pros and cons to the ordinance in Attachment 3; if the Council wants the vision to happen, it would be preferable to adopt the regulations with minimal delay but there is one project with unique circumstances where the applicant is pretty far down the path of a project although they knew several months ago this process was occurring. Councilmember Fraley-Monillas asked if that much bike space, one space for each unit, was warranted. Ms. Hope answered more spaces are required for 2-bedroom units, and the spaces can be reduced by 50% if common area for bike storage and bike racks for visitors are provided. Councilmember Fraley-Monillas commented it seemed like a lot of space for bike storage given that people will not ride on Highway 99. Ms. Hope said the intent was to allow for the possibility to store bikes. Bike storage can be design in multiple ways such as storage space for each unit that could accommodate a bike. Councilmember Fraley-Monillas referred to the applicant already down the path and asked if that was only Mr. Rambes' project. Ms. Hope said others are thinking about projects but theirs is the only project with initial design review approval and as far as staff knows, that is the only project affected. The ordinance in Attachment 3 would allow them until September 30 to submit a building permit and the ordinance in Attachment 2 contains the standard timeframe. Councilmember Fraley-Monillas commented that area is the gateway to Edmonds and it will be important for it to look nice/appropriate. Councilmember Fraley-Monillas referred to the PAO as a blanket SEPA for the Highway 99 corridor and asked if the SEPA was only for the Highway 99 subarea. Ms. Hope answered the EIS done under SEPA Edmonds City Council Approved Minutes Q August 15, 2017 Page 17 Packet Pg. 219 9.2.h looked at the Highway 99 subarea and made assumptions about what could be developed and potential environmental issues. There are few critical areas so the EIS looked primarily at traffic and aesthetics, transit, pedestrian opportunities, etc. The EIS found if certain mitigations are done such as transportation safety improvements and continued transit, many of the issues will be mitigated. In addition, new design standards provide stronger standards than the current code. The EIS also considered police, fire and utility services and determined that could be met in ordinary ways. Ms. Hope explained the EIS determined it was possible to do X amount of housing, commerce, facilities, etc. and mitigate for traffic and other issues. The ordinance states if the code is followed and development is allowed at the scale envisioned, there will be sufficient mitigation. A significant project may have separate requirements. Rather than a piecemeal approach to SEPA where each project does an EIS, this was an effort to look at the area in a holistic way. She acknowledged not every city is able to do a Planned Action and this is a big step for Edmonds. Mr. Fregonese advised the EIS considers not only residential units but also development of medical facilities. Council President Mesaros relayed his understanding of the September 30 effective date in the ordinance in Attachment 3. Ms. Hope says the ordinance is effective in the standard timeline; any development project in the Highway 99 corridor that received design review approval July to August would have until September 30 to submit a building permit. Council President Mesaros asked why September 30 was selected and if it could be September 15. Ms. Hope said September 15 would be acceptable; the applicant advised staff they would submit this week but September 15 or 30 would provide them additional time. With regard to Councilmember Fraley-Monillas' comments about bicycle storage, Council President Mesaros relayed when using light rail in Seattle, he often sees people taking their bikes on light rail as well as on Sounder. He pointed out the ability to take the new 228' to the new light rail transit center opening in 2019. Ms. Hope remarked the Swift route is Community Transit's highest route for travel as well as for bicycles. Councilmember Buckshnis said she still has concerns with the PAO, remarking it is very new to Edmonds and the Council only had one meeting to discuss it and it did not go through committee. Further, the Council never completed its discussion regarding development agreements. She asked if all three ordinances needed to be approved at the same time. Ms. Hope answered the Council could adopt the Highway 99 Subarea Plan and the development regulations and put the PAO on Consent Agenda or remove the reference to development agreements from the PAO. Councilmember Johnson referred to a letter the Council received today from Arca, a planning and architectural firm, that raised a concern about building fagades and included a photograph of the new development on 196' in Lynnwood. She previously mentioned her concerns with that massive fagade and staff offered to investigate. Ms. Hope said that issue was addressed in the Q&A in the agenda memo; the proposed code requires articulation and breakup of the fagade. Councilmember Johnson said the building on 196' has minimal articulation or breakup of the fagade; the building appears massive from the sidewalk. Ms. Hope agreed the City does not want a massive wall; the regulations require a top and base, articulation, choice of building elements, as well as fagade articulation. She assured Edmonds' regulations are different than Lynnwood's. Mr. Fregonese pointed out the setback would be larger, there would be a pedestrian area in the setback and landscaping, as well as amenity space. Councilmember Johnson said it was not difficult to drive around and see examples of architecture she liked and did not like. She expressed concern with a new sidewalk amenity at the corner of 212t1i & Highway 99, basically a brick semicircle with benches and a garbage can where she has never seen a pedestrian. Another example is the basalt sculpture garden on 196t1i & Highway 99 where she has never seen anyone. She summarized those were amenity spaces no one wanted to use and wanted to ensure Edmonds was not Edmonds City Council Approved Minutes Q August 15, 2017 Page 18 Packet Pg. 220 9.2.h creating that type of requirement in the code. Ms. Hope answered it is a balance; the City Council wants amenity space associated with development. The code requires 5% of the building footprint be amenity space but it does not all need to be in front of the building; some of it can be located wherever it make sense for the development. For example, a mixed -use building may want some amenity space near the entry conductive to pedestrian activity but other amenity space may be for use by residents/tenants. Councilmember Johnson referred to a study on the use of public spaces by William Whyte in NYC. Mr. Fregonese recalled it included sun, water, people watching, food, etc. and has been influential in design. The code requires green in the amenity space, seating areas; in between buildings in an appropriate location. Councilmember Johnson pointed out in the medical district, the Swift station is called the gateway station; however, the plan has the gateway station at Safeway. Ms. Hope offered to work with Community Transit on that. Councilmember Johnson referred to a suggestion that large projects include pathways between the building and the sidewalk network. She suggested going further; as there will be bicycle storage and bicycles on transit routes, having a parallel bike route and connections between bicycle routes/paths. Although bicycles are not encouraged on Highway 99, people do ride bicycles on Highway 99 and there is nothing to prevent it. Ms. Hope said she will continue working with engineering as plans are updated. Councilmember Johnson referred to screening parking in buildings and whether second floor parking would be visible from street. Ms. Hope said no revision was proposed to the code. Parking generally occurs on the first level; the second stories are required to have glazing and it was unlikely there would be parking. She concluded that change could be made but she felt it was an unnecessary step at this point. Councilmember Johnson referred to the Everett Clinic near the Edmonds Park & Ride where the first two floors are parking and the top floor is glazed. Ms. Hope advised the glazing requirement at the first and second level would help avoid that. COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED (6-1), COUNCILMEMBER JOHNSON VOTING NO. Highway 99 Subarea Plan COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO ADOPT ORDINANCE NO.4077, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING THE HIGHWAY 99 SUBAREA PLAN AS AN ELEMENT OF THE CITY'S COMPREHENSIVE PLAN, ATTACHMENT 1. MOTION CARRIED UNANIMOUSLY. Development Code Changes COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO ADOPT ORDINANCE NO. 4078, ATTACHMENT 3, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE, AMENDING CHAPTER 16.60 ENTITLED "CG — GENERAL COMMERCIAL ZONE," AND ECDC 20.60.045 ENTITLED "FREESTANDING SIGNS — REGULATIONS," REZONING CERTAIN PROPERTY TO CG — GENERAL COMMERCIAL ZONE. Councilmember Johnson asked what would be different if the proposal occurred under the new code. Ms. Hope answered it likely could not be built in the same place, it is proposed to be built 90 feet from the street with parking in front. The building would have to be moved forward and amenity space and pedestrian frontage provided. Councilmember Johnson asked if it would be an expense to the property owners to meet the new code. Ms. Hope answered yes, they would be required to redesign to submit under the new code. Edmonds City Council Approved Minutes Q August 15, 2017 Page 19 Packet Pg. 221 9.2.h City Attorney Jeff Taraday pointed out they would also have to obtain another design review approval; they already have design review approval. MOTION CARRIED UNANIMOUSLY. Planned Action COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO ADOPT ORDINANCE NO.4079, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A PLANNED ACTION FOR THE HIGHWAY 99 SUBAREA, PURSUANT TO THE STATE ENVIRONMENTAL POLICY ACT, REMOVING THE SECTION RELATED TO DEVELOPMENT AGREEMENTS. Councilmember Fraley-Monillas asked the impact of removing the section related to development agreements. Ms. Hope answered there is a section of the code related to development agreements, this would remove reference in the Planned Action to development agreements. Councilmember Fraley- Monillas asked if staff planned to return to Council with an amendment related to development agreements. Ms. Hope answered at some point but not immediately. She concluded development agreements were a rarely used tool. MOTION CARRIED UNANIMOUSLY. 3. AMENDMENTS TO MULTI -FAMILY TAX EXEMPTION CODE PROVISIONS Economic Development/Community Services Director Patrick Doherty reviewed: • History o 1995 - State Legislature created the Multi -Family Tax Exemption (MFTE) program o RCW 84.14 o To help spur redevelopment in lagging urban centers o Fulfill GMA goals to encourage in -fill development in existing urban centers, thereby reducing sprawl and promoting "smart growth" How it works: o MFTE provides incentive to developers to invest in "residential targeted areas" o Residential targeted areas - mixed -use centers designated by cities in Comp Plans or Subarea Plans to receive greater density of multifamily and commercial development Residential targeted areas o Often called "urban villages" or "urban centers" - ■ Walkable ■ Amenity -rich ■ Transit -supportive ■ Mixed -use areas o Intended to accommodate future growth in housing and employment o Designated by cities through Comp Plans or Subarea Plans per GMA Barriers to development o Notwithstanding a city's plans, transformation to "urban village" can be fraught with challenges o Challenges include: ■ Competition from higher -rent locales (e.g., Seattle, Bellevue) ■ Complications with urban redevelopment - Unwilling property sellers - Need to aggregate multiple properties - Existing long term leases - Environmental remediation Edmonds City Council Approved Minutes Q August 15, 2017 Page 20 Packet Pg. 222 Height Limit: 75' 7 8' 6 U C 5 4 V) 8 3 2 1 \\\\N: RS Zone 5'-10' street setback 1 N O W O N Ul 9.3 City Council Agenda Item Meeting Date: 11/22/2022 City Attorney Contract Extension Discussion Staff Lead: Council City Attorney Contract Workgroup (CMs Paine, Teitzel, Chen) Department: City Council Preparer: Beckie Peterson Background/History The current contract between Lighthouse Law Group (Lighthouse) and the City of Edmonds is in the final year of the three-year contract term which expires on December 31, 2022. Council must take action to establish a one-year contract with Lighthouse commencing on January 1, 2023 to provide additional time for Council to consider options for legal representation and complete its due diligence in assessing the pricing and quality of Lighthouse's services relative to alternative providers. In 2019, Council approved the current contract with Lighthouse for legal representation for the City of Edmonds. At that time, Council concluded -based on direct input obtained from individual Councilmembers and members of the Administration -there was general satisfaction with the quality of the legal work being performed by Lighthouse. There was also general consensus by internal clients that the city is receiving good value for its investment via the flat rate billing structure by Lighthouse. For these reasons, a new three-year contract with Lighthouse was entered into by the city on December 31, 2019. During the workgroup discussions, we have found it important to have additional outside legal counsel review of this contract and related issues and would like to extend the agreement with Madrona Law Group for this purpose for an amount not to exceed $2,500.00 and will request Council authorization to proceed. Recommendation Consider the contract options for a one-year contract with Lighthouse as developed by the Council work group and provide direction for finalizing one of the options. The chosen option will be refined based on Council input and brought back to Council on December 6, 2022 for final discussion and a vote. In addition, we recommend extending the agreement with Madrona Law Group to provide advice to the work group. The extension would be for services not to exceed $2,500.00 Narrative On August 23, 2022, City Attorney Jeff Taraday provided to City Council the annual City Attorney report. As part of that report, Mr. Taraday provided data showing the annual effective rate per hour for city attorney services provided to Edmonds by Lighthouse was $185 for full year 2021 and $175 for the first six months of 2022. These values were derived by dividing the payments made to Lighthouse by Edmonds by the city attorney hours reported as having been worked by Lighthouse on Edmonds issues. Packet Pg. 224 9.3 On September 20, 2022, Council discussed the need to form a Council work group to complete proper due diligence of the provision of city attorney services, and the work group (consisting of Councilmembers Susan Paine, Will Chen and Dave Teitzel) was assigned to first, develop a one-year contract with Lighthouse commencing on January 1, 2023 and expiring on December 31, 2023), and to evaluate the value and quality of legal services provided by Lighthouse. On November 7, 2022, Councilmember Teitzel reported that the work group has carefully examined the underlying documentation supporting Mr. Taraday's calculations of the average effective hourly rate for Lighthouse's work for Edmonds in 2021 and 2022 and that those calculations are accurate. However, since the city has not requested bids for legal representation for the past two contract cycles with Lighthouse, it is prudent that Council assess all its options -continuing to contract with Lighthouse, contract with another legal group or hire in-house legal services --to ensure the city is continuing to receive strong value. This 12-month contract will provide adequate time for Council to do its due diligence in determining the optimal course to obtain legal representation for the city. As an initial step, Lighthouse developed a proposed 2023 12-month contract, which was provided for Council review on September 20, 2022 and is provided here as a reference (Attachment A). The work group developed several additional contract options for consideration and has discussed them with Lighthouse to determine which may be workable. The options, shown for reference in Attachment B, have been discussed with Mr. Taraday, and two are considered to be viable. Note: the work group is not recommending a particular option and is simply providing choices for Council consideration • The first contract option is a modification of the "flat fee" contract proposed by Lighthouse, which also reflects changes suggested by the Madrona Law Group. The cost difference with this option is that instead of the proposed 9% CPI-U increase in the original Lighthouse proposal, there is a 7.5% CPI-U increase. This version is enclosed as Attachment C.1, containing suggested changes in redline as well as Attachment C.2, which is a clean version for ease of readability. Also, the work group has estimated the annual budget effect for 2023 of this contract version and the calculations for this estimate are shown in Attachment D. • The second contract option is based on the existing Lighthouse contract with the city of Maple Valley, which features a monthly retainer coupled with hourly fees. This version is a more traditional City Attorney contract arrangement: the existing flat fee contract is unique to Lighthouse's arrangement with Edmonds. The cost difference is significantly higher and the number of hours anticipated with this option are 85% of an average of the past 3.5 years of usage. When those hours are exhausted, any hours in addition to those included in the retainer amount will be billed by the hour. This "retainer" contract version is attached in redline format as Attachment E.1, and also contains suggestions by the Madrona Law Group. A clean version of this contract option is enclosed as Attachment E.2. This contract version has a different 2023 budget impact, and the calculations of the estimated effect on the 2023 budget are shown in Attachment F. Attachments: Attachment A - 2023 Proposed Lighthouse contract extension Attachment B - Summary of alternative 2023 contract options Attachment C.1 - Redline version of 2023 flat fee contract option Attachment C.2 - Clean version of 2023 flat fee contract option Attachment D - 2023 budget effects of proposed flat fee contract options Attachment E.1 - redline version of the 2023 retainer contract option Packet Pg. 225 9.3 Attachment E.2 - Clean version of the 2023 retainer contract option Attachment F - 2023 budget effects of proposed retainer contract option Packet Pg. 226 9.3.a Attachment A AGREEMENT FOR CIVIL LEGAL SERVICES THIS AGREEMENT entered into between the City of Edmonds ("the City") and Lighthouse Law Group PLLC ("LIGHTHOUSE") effective January 1, 2023, is entered into in consideration of the terms and conditions set forth below, the parties agree as follows: 1. Services to be Provided. LIGHTHOUSE will serve as attorneys for the City on all civil legal matters assigned or referred to LIGHTHOUSE by the City during the term of this Agreement, and will perform all civil legal services for the City with the exception of litigation covered by the City's insurance pool, litigation defended under an accepted tender arrangement, and legal services related to the issuance of any municipal bond or similar security. This is a nonexclusive agreement and the City at its sole discretion may engage other legal counsel regarding any service that is expected to be provided by LIGHTHOUSE. Examples of such services expected to be provided by LIGHTHOUSE include, but are not limited to: 1.1 Preparing for and attending meetings of the City Council and City Council Committees, if applicable, as necessary or requested to do so; 1.2 Drafting ordinances, resolutions, and decisions; 1.3 Answering telephone calls from City elected officials and staff and providing general consultation on civil legal matters; 1.4 Attending meetings with City staff (including regular office hours if requested), the Mayor, and/or Council Members on civil legal matters; 1.5 Attending meetings of other City boards and commissions, such as the Planning Board and Hearing Examiner, when requested to do so; and 1.6 Negotiating with third parties other than in a litigation context, e.g., negotiating interlocal agreements. 1.7 Representing the City and its officials in litigation matters, provided, that in cases where the City and its officials have insurance coverage through WCIA or another insurer, LIGHTHOUSE will represent the City and its officials only until WCIA retained attorneys are actively handling the case or to the extent necessary to deal with non -covered claims or to provide consultation and coordination between the City and the WCIA retained attorneys; 1.8 Labor negotiation or arbitration; 1.9 Services related to local improvement districts; Packet Pg. 227 9.3.a 1.10 Services related to taxation; 1.11 Services requiring expertise in CERCLA, MTCA, or other state or federal environmental cleanup laws; 1.12 Representing the City in administrative proceedings before another governmental unit (such as Boundary Review Board hearings, proceedings before the State Shoreline Hearings Board, or proceedings before the State Growth Management Hearings Board); 1.13 Telecommunications services, including franchise negotiation and leasing; and 1.14 Office hours at City Hall will be provided by LIGHTHOUSE as requested. 2. Personnel Performing Services. Jeff Taraday will be the lead attorney and shall have the primary responsibility for attending City Council meetings and delegating work to other LIGHTHOUSE attorneys as needed. Mr. Taraday may assign work to any attorney affiliated with LIGHTHOUSE. Provision of service by any other attorney shall require prior approval by the Mayor with notification provided to the Council of such assignment and approval. 3. Payment for Services. a. Except as provided in Section 3.b, below, during the year 2023, the City will pay LIGHTHOUSE for the services specified in Section 1 the sum of Fifty-eight Thousand Eight Hundred and Nine Dollars ($58,809) a month (the flat fee). b. If any of the Option Triggering Events described in Section 3.c, below, occur, LIGHTHOUSE shall have the option to convert the flat fee compensation arrangement described in Section 3.a, above, to an hourly compensation arrangement. If exercised by LIGHTHOUSE, this option will have the effect of applying the hourly rates described in Section 3.d, below to all of the work performed by LIGHTHOUSE, including work that was performed prior to the Option Triggering Event, subject to the retroactive billing cap described in Section 3.e, below. LIGHTHOUSE shall have the ability to exercise this option, if triggered, at any time after the Option Triggering Event occurs by sending written notice to the City of its decision to exercise the option. If the option is exercised, LIGHTHOUSE shall send the City invoices that reflect the additional hourly charges owing after crediting the flat fee payments previously made by the City. c. Any of the following shall constitute Option Triggering Events for the purposes of triggering the option in Section 3.b, above: i. The City terminates or provides notice of an intent to terminate the Agreement with LIGHTHOUSE; ii. The City selects a firm other than LIGHTHOUSE to serve as City Attorney; or iii. The City approves an in-house City Attorney position. Termination of the Agreement by LIGHTHOUSE shall not constitute an Option Triggering Event. d. The hourly rates below shall apply to the hourly invoices that will be paid by the City if LIGHTHOUSE exercises the option described in Section 3.b, above. • Jeff Taraday $367 • Tom Brubaker $367 • Mike Bradley $367 Packet Pg. 228 9.3.a • Sharon Cates $276 • Patricia Taraday $276 • Angela Tinker $276 • Beth Ford $276 • any other attorney $276 e. If LIGHTHOUSE exercises the option described in Section 3.b, above, the total number of months that LIGHTHOUSE may convert retroactively to hourly billing is limited to not more than eight months, PROVIDED THAT retroactive billing shall not apply to any work performed prior to January 1, 2023. 4. Awards of Attorneys Fees. If the City prevails in a legal matter and the tribunal awards reasonable attorneys fees to the City as the prevailing party, the hourly rates in Section 3.d, above shall apply for the purposes of calculating such fee award. These rates shall also be used where the City is able to charge a third -party (e.g. a real estate developer) for work performed by LIGHTHOUSE. Upon receipt of a fee award, the City shall keep the entire award PROVIDED THAT in cases initiated by the City including abatement actions, utility lien foreclosures, and other matters involving collection of a debt that is less than One Hundred Thousand Dollars, any attorneys fee award shall be paid to LIGHTHOUSE. 5. The City will not be charged separately for normal clerical or secretarial work, the expense of which has been calculated into LIGHTHOUSE's flat fee. Reimbursement will be made by the City for expenditures related to fees paid to a mediator, expert witness fees, court costs and fees, copying, postage, process service and courier costs. Other expenses shall be reimbursed when authorized in advance by the City. 6. Billing. The City shall pay the amount of the flat fee to LIGHTHOUSE within five calendar days of the last day of the month for which the legal services have been rendered. It shall not be necessary for LIGHTHOUSE to send an invoice for the flat fee to be paid. For informational purposes only, LIGHTHOUSE will send a detailed monthly description of the services rendered during the past month along with the amount that those services would cost the City in the event those services are billed on an hourly basis pursuant to Section 3.b, above. If LIGHTHOUSE exercises the option in Section 3.b, above, then it shall invoice according to that section. 7. Term of Agreement. This Agreement shall commence on January 1, 2023 and shall remain in effect through December 31, 2023. Either party may terminate the Agreement for any reason upon sixty (60) days notice. In the event of termination, work in progress will be completed by LIGHTHOUSE if authorized by the City under terms acceptable to both parties. If completion of work in progress is not authorized or acceptable terms cannot be worked out, LIGHTHOUSE will submit all unfinished documents, reports, or other material to City and LIGHTHOUSE will be entitled to receive payment for any and all satisfactory work completed prior to the effective date of termination. If the effective date of termination falls in the middle of a month, the flat fee shall be prorated accordingly, as applicable. Packet Pg. 229 9.3.a 8. Professional Liability Insurance. LIGHTHOUSE will maintain professional liability insurance throughout the duration of this Agreement in the minimum amount of $2,000,000. 9. Discrimination. LIGHTHOUSE agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, or physical, mental or sensory handicap, except where a bona fide occupational qualification exists. 10. Independent Contractor. LIGHTHOUSE is an independent contractor with respect to the services to be provided under this Agreement. The City shall not be liable for, nor obligated to pay to LIGHTHOUSE, or any employee of LIGHTHOUSE, sick leave, vacation pay, overtime or any other benefit applicable to employees of the City, nor to pay or deduct any social security, income tax, or other tax from the payments made to LIGHTHOUSE which may arise as an incident of LIGHTHOUSE performing services for the City. The City shall not be obligated to pay industrial insurance for the services rendered by LIGHTHOUSE. 11. Ownership of Work Product. All opinions, data, materials, reports, memoranda, and other documents developed by LIGHTHOUSE under this Agreement specifically for the City are the property of the City, shall be forwarded to the City at its request, and may be used by the City as the City sees fit. 12. Hold Harmless. LIGHTHOUSE agrees to indemnify, hold harmless, and defend the City, its elected and appointed officials, employees and agents from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of LIGHTHOUSE. The City agrees to indemnify, hold harmless, and defend LIGHTHOUSE, its members, employees, and approved sub -contractors (e.g. Special Counsel), from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of the City, its elected and appointed officials, employees and agents. To the extent necessary to fully fulfill these promises of indemnity, the parties waive their immunity under Title 51 RCW. 13. Rules of Professional Conduct. All services provided by LIGHTHOUSE under this Agreement will be performed in accordance with the Rules of Professional Conduct for attorneys established by the Washington Supreme Court. 14. Work for Other Clients. LIGHTHOUSE may provide other services for clients other than the City during the term of this Agreement, but will not do so where the same may constitute a conflict of interest as defined by the Rules of Professional Conduct unless the City, after full disclosure of the potential or actual conflict, consents in writing to the representation. Any potential conflicts shall be handled in accordance with the Rules of Professional Conduct referred to above. 15. Subcontracting or Assignment. LIGHTHOUSE may not assign or subcontract any portion of the services to be provided under this agreement without the express written consent of the City, PROVIDED THAT such consent shall not be unreasonably withheld, and FURTHER PROVIDED THAT by this Agreement, the City hereby consents to LIGHTHOUSE's subcontracting with the following Special Counsel: Mike Bradley, attorneys supervised by Mike Bradley, and/or the respective legal entities through which they perform their legal services. Packet Pg. 230 9.3.a 16. Entire Agreement. This Agreement represents the entire integrated agreement between the City and the LIGHTHOUSE, superseding all prior negotiations, representations or agreements, written or oral. This Agreement may be modified, amended, or added to, only by written instrument properly signed by both parties hereto. In the event of a conflict between this Agreement and Exhibit A, this Agreement shall control. Date: CITY OF EDMONDS Mike Nelson Mayor ATTEST/AUTHENTICATED: Scott Passey City Clerk Date: LIGHTHOUSE LAW GROUP PLLC Patricia Taraday Managing Member Packet Pg. 231 Attachment B 9.3.b MEMORANDUM Date: November 16, 2022 To: Council From: City Attorney Contract Workgroup (Teitzel, Paine, Chen) RE: Contract options The City Attorney contract workgroup has developed several CA contract options. We are presenting two options at this meeting that are agreeable to both sides. We are also presenting a brief description of the options that were not going to accomplish the needs of both parties. Option A— Flat fee contract highlights • Includes 7.5% CPI-U increase from 2022 rates • Removes the need for City Attorney attendance at Council Committee meetings as well as other Board/Commissions, unless requested • No changes in available hours • Adds language allowing Lighthouse Law Group to respond to community commentary from time to time, and within the bounds of Rules of Professional Conduct. Option B — Retainer fee contract highlights Assumptions — the hourly rates are 95% of another long term client of Lighthouse; the hours allocated are 85% of the average of the past four years of Edmonds usage. • Hourly rates are divided into two classes; each rate class has a certain number of hours anticipated to meet the contract budget • Removes the need for City Attorney attendance at Council Committee meetings as well as other Board/Commissions, unless requested • Includes language allowing Lighthouse Law Group to respond to community commentary from time to time, and within the bounds of Rules of Professional Conduct Some of the options that were considered and discarded include • Flat fee contract as proposed by Lighthouse • Flat fee contract with no "look back" provisions • Flat fee contract with a one month payment for separation • Flat fee contract with a two month payment for separation • Retainer style contract 80% of hourly fee rate and 90% of hours • Retainer style contract 90% of hourly rate and 90% hours • Retainer style contract with flat fee components and no "look back" provision. Packet Pg. 232 Proposed Lighthouse contract updated look back 7.5% increase 9.3.c Attachment C.1 AGREEMENT FOR CIVIL LEGAL SERVICES THIS AGREEMENT entered into between the City of Edmonds ("the City") and Lighthouse Law Group PLLC ("LIGHTHOUSE") effective January 1, 2023, is entered into in cons i eration of the terms and conditions set forth below, the parties agree as follows: 1. Services to be Provided. LIGHTHOUSE will serve as attorneys for the City on all civil legal matters assigned or referred to LIGHTHOUSE by the City during the term of this Agreement, and will perform all civil legal services for the City with the exception of litigation covered by the City's insurance pool, litigation defended under an accepted tender arrangement, and legal services related to the issuance of any municipal bond or similar security This is a nonexclusive agreement and the City at its sole discretion may engage *of al counsel regarding any service that is expected to be provided by LIGHTHOUSE. Examplh services expected to be provided by LIGHTHOUSE include, but are not limited to: 1.1 Preparing for and attending meetings of the City cil and City Gets ei !`^,�.,�.:**��� if applicable, as necessary or uested to do so; W 1.2 Drafting ordinances, resolutions, and deci ' s; 1.3 Answering telephone calls from City electe fficials and staff and providing general consultation on civil legal matters; 1.4 ending meetings with City st ncluding regular office hours if requested), the ayord/or Council MenibersA civil legal matters; 1.5 AttendingWngs of oft li7rity boards and commissions, such as the Planning Board and Hearing'lWiner, when requested to do so; and 1.6 Negotiating with r parties other than in a litigation context, e.g., negotiating interlocal agree nts. Representing the City and its officials in litigation matters, provided, that in cases Representing the City and its officials have insurance coverage through WCIA or another insurer, LIGHTHOUSE will represent the City and its officials only until WCIA retained attorneys are actively handling the case or to the extent necessary to deal with non -covered claims or to provide consultation and coordination between the City and the WCIA retained attorneys; 1.8 Labor negotiation or arbitration; 1.9 Services related to local improvement districts; Packet Pg. 233 9.3.c Proposed Lighthouse contract updated look back 7.5% increase 1.10 Services related to taxation; 1.11 Services requiring expertise in CERCLA, MTCA, or other state or federal environmental cleanup laws; 1.12 Representing the City in administrative proceedings before another governmental unit (such as Boundary Review Board hearings, proceedings before the State Shoreline Hearings Board, or proceedings before the State Gro anagement Hearings Board); 1.13 Telecommunications services, including franchise leasing; and 1.14 Office hours at City Hall will be provided b)&LGfVHOU 2. Authorization for RPC 1.6(a) Purposes. The lawyers at LIGHTHOUSE shall be authorized to provide information to members of the public and/or the local media to facilitate a more informed public discourse related to the role of the city attdmey, the operation of the city, antor issues facing the city, particularly where the legality of city actions has been called into question, PROVIDED THAT, this permission to provide information does not apply to information communicated to the lawyers in confidence by duly authorized representatives of the client, AND FURTHER PROVIDED THAT, the lawyers will need to use their professional juc11%ent in determining when it would be appropriate to exercise this permission given the lawyers' other priorities and obligations to the city and the extent to which the information is likely to be flpful to the public discourse. Vo 3. Personnel Performing Services. Jeff Ta ay will be the lead attorney and shall have the primary responsibility, for attending City Counci etings and delegating work to other LIGHTHOUSE att s as needed. Mr. Taraday may assign work to any attorney affiliated with LIGHTHOUSE. Prov on of service by any ether non -LIGHTHOUSE attorney shall require prior gatMayor with notification provided to the Council of such assignment and approval. Payment for Services.` a. Except as provided in ction 3.b, below, during the year 2023, the City will pay LIGHTHOUSE for e services specified in Section 1 the sum of Fifty-eight Thousand Dollars ($58,000.00) a month (the flat fee). QW any of the Option Triggering Events described in Section 3.c, below, occur, LIGHTHOUSE shall have the option to convert the flat fee compensation arrangement described in Section 3.a, above, to an hourly compensation arrangement. If exercised by LIGI�THOUSE, this option will have the effect of applying the hourly rates described in Section 3.d, below to all of the work performed by LIGHTHOUSE, including work that was performed prior to the Option Triggering Event, subject to the retroactive billing cap described in Section 3.e, below. LIGHTHOUSE shall have the ability to exercise this option, if triggered, at any time after the Option Triggering Event occurs by sending written notice to the City of its decision to exercise the option. If the option is exercised, LIGHTHOUSE shall send the City invoices that reflect the additional hourly charges owing after crediting the flat fee payments previously made by the City. Packet Pg. 234 Proposed Lighthouse contract updated look back 7.5% increase 9.3.c c. Any of the following shall constitute Option Triggering Events for the purposes of triggering the option in Section 3.b, above: i. The City terminates or provides notice of an intent to terminate the Agreement with LIGHTHOUSE; ii. The City selects a firm other than LIGHTHOUSE to serve as City Attorney; or iii. The City approves an in-house City Attorney position. Termination of the Agreement by LIGHTHOUSE shall not constitute an Option Triggering Event. The hourly rates below shall appl LIGHTHOUSE exercises the opti • Jeff Taraday • Tom Brubaker • Mike Bradley • Sharon Cates • Patricia Taraday • Angela Tinker • Beth Ford • any other attorney City if e. If LIGHTHOUSE exercises the option described in Section 3.b, above, the total number of months that LIGHTHOUSE may convert retroactively to hourly billing is limited to not more than eight months, PROVIDED THAT retroactive billing shall not apply to any work performed prior to January , 2023. 5. Awards of Attorneys Fees. If the Cit prevails in a legal matter and the tribunal awards reasonable attorneys fees to the City as the prevailing party, the hourly rates in Section 3.d, above shall apply for, the Suirge rposes of calculating such fee award. These rates shall also be used where the City is able to a third -party (e.g. IF real estate developer) for work performed by LIGHTHOUSE. �a.Theurly rates below will be used as a basis for the calculation and reQuestina of attorneA fees. • Jeff Tarada_y.0 $354 • Tom Brubaker $354 Mike Bradley $354 • Sharon Cates $266 • Patricia Taraday $266 • Angela Tinker $266 • -Beth Ford $266 • any other attorney $266 Upon receipt of a fee award, the City shall keep the entire award PROVIDED THAT in cases initiated by the City including abatement actions, utility lien foreclosures, and other matters involving collection of a debt that is less than One Hundred Thousand Dollars, any attorneys fee award shall be paid to LIGHTHOUSE. Packet Pg. 235 9.3.c Proposed Lighthouse contract updated look back 7.5% increase 6. The City will not be charged separately for normal clerical or secretarial work, the expense of which has been calculated into LIGHTHOUSE's flat fee. Reimbursement will be made by the City for expenditures related to fees paid to a mediator, expert witness fees, court costs and fees, copying, postage, process service and courier costs. Other expenses shall be reimbursed when authorized in advance by the City. 7. Billing. The City shall pay the amount of the flat fee to LIGHTHOUSE within five calendar days of the last day of the month for which the legal services have been rendered. It shall not be necessary for LIGHTHOUSE to send an invoice for the flat fee to be paid. For informational purposes only, LIGHTHOUSE will send a detailed monthly description of the services rendered during the past month along with the amount that those services would cost the City in the event those services are billed on an hourly basis pursuant to Section 3.b, above. If LIGHTHOUSE exercises the option in Section 3.b, above, then it shall i ice according to that section. 8. Term of Agreement. This Agreement shall commence on January 1, 2023 an all remain in effect through December 31, 2023. Either party fKay terminate the Agreement for a reason upon sixty (60) days notice. In the event of termination, work in progress will be completed by LIGHTHOUSE if authorized by the City under terms acceptable to both parties. If completion of work in progress is not authorized or acceptable terms cannot be worked out, LIGHTHOUSE will submit all unfinished documents, reports, or other material to City and LIGHTHOUSE will be entitled to receive payment for any and all satisfactory work completed prior to the effective date of termination. If the effective date of termination falls in the midd4rf a month, the #fee shall be calculated on the fraction of the daily portion of the monthly fee for those days prior to the term of the agreementprorated aeeordiflgly, as „lieab e 9. Professional Liability Insurance. LIGHTHOUSE will maintain professional liability insurance throughout the duration of this Agreement in the minimum amount of $2,000,000. 10. Discriminatio*GI0HOUSE agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, colo national origin, marital statusYIG sex, age, or -physical, mental or sensory handicap, or other cted status, except wherede occupational qualification exists. Independent Contractor.HOUSE is an independent contractor with respect to the services to be providedounder this Agreement. The City shall not be liable for, nor obligated to pay to LIGHTHOUSE, or any employee of LIGHTHOUSE, sick leave, vacation pay, overtime or any other benplicable to employees of the City, nor to pay or deduct any social security, income tax, or othe ax fr# the payments made to LIGHTHOUSE which may arise as an incident of LIGHTHOUSE performing services for the City. The City shall not be obligated to pay industrial insurance for the services rendered by LIGHTHOUSE. 12. Ownership of Work Product. All opinions, data, materials, reports, memoranda, public records, and other documents developed by LIGHTHOUSE under this Agreement specifically for the City are the property of the City, shall be forwarded to the City at its request, and may be used by the City as the City sees fit. 4 Packet Pg. 236 9.3.c Proposed Lighthouse contract updated look back 7.5% increase 13. Hold Harmless. LIGHTHOUSE agrees to indemnify, hold harmless, and defend the City, its elected and appointed officials, employees and agents from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of LIGHTHOUSE. The City agrees to indemnify, hold harmless, and defend LIGHTHOUSE, its members, employees, and approved sub -contractors (e.g. Special Counsel), from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of the City, its elected and appointed officials, employees and ag pts. To the extent necessary to fully fulfill these promises of indemnity, the parties waive their immunity under Title 51 RCW. 14 14. Rules of Professional Conduct. All services provided by LIGHTHO SE under this Agreement will be performed in accordance with the Rules of Professiona duct for attorneys established by the Washington Supreme Court. 15. Work for Other Clients. LIGHTHOUSE may provide other services for clients other than the City during the term of this Agreement, but will not do so where the same may constitute a conflict of interest as defined by the Rules of Professionalf Conduct unless the City, after fulf disclosure of the potential or actual conflict, consents in writing to the representation. Any potential conflicts shall be handled in accordance with the Rules of Professional Conduct referred to above. 16. Subcontracting or Assignment. LIGHTHOUSE may not assign or' subcontract any portion of the services to be provided under this agreement without the expreskwritten consent of the City, PROVIDED THAT such consent shall not be unreasonably Ad, , and FURTHER PROVIDED THAT by this Agreement, the City hereby consents to LIGHT2USE's subcontracting with the following Special Counsel: Mike Bradley, attorneys supervised by Mike Bradley, and/or the respective legal entities through�which they perform their legal services. 17. Entire A ent. This Agreement represents the entire integrated agreement between the City and the L SE, superseding all prior negotiations, representations or agreements, written or oral. This eement may be modified, amended, or added to, only by written instrument properly signed by both parties hereto. Date: CITY OF EDMONDS LIGHTHOUSE LAW GROUP PLLC Patricia Taraday Managing Member ATTEST/AUTHENTICATED: Scott Passey City Clerk Packet Pg. 237 Proposed Lighthouse contract updated look back 7.5% increase 9.3.d Attachment C.2 AGREEMENT FOR CIVIL LEGAL SERVICES THIS AGREEMENT entered into between the City of Edmonds ("the City") and Lighthouse Law Group PLLC ("LIGHTHOUSE") effective January 1, 2023, is entered into in cons i eration of the terms and conditions set forth below, the parties agree as follows: 1. Services to be Provided. LIGHTHOUSE will serve as attorneys for the City on all civil legal matters assigned or referred to LIGHTHOUSE by the City during the term of this Agreement, and will perform all civil legal services for the City with the exception of litigation covered by the City's insurance pool, litigation defended under an accepted tender arrangement, and legal services related to the issuance of any municipal bond or similar security This is a nonexclusive agreement and the City at its sole discretion may engage of egal counsel regarding any service that is expected to be provided by LIGHTHOUSE. Example of such services expected to be provided by LIGHTHOUSE include, but are not limited to: 1.1 Preparing for and atten ' meetings of the City, cil if applicable, as necessary or requested to do so; 1.2 Drafting ordinances, resolu ons, and deciV ' 1.3 Answering telephone calls from City elecals andstaff and providing general consultation on civil legal matters; 1.4 ending meetings with City st ncluding regular office hours if requested), the ayord/or Council MenibersA civil legal matters; 1.5 AttendingWngs of oft li7rity boards and commissions, such as the Planning Board and Hearing'lWiner, when requested to do so; and 1.6 Negotiating with r parties other than in a litigation context, e.g., negotiating interlocal agree nts. Representing the City and its officials in litigation matters, provided, that in cases Representing the City and its officials have insurance coverage through WCIA or another insurer, LIGHTHOUSE will represent the City and its officials only until WCIA retained attorneys are actively handling the case or to the extent necessary to deal with non -covered claims or to provide consultation and coordination between the City and the WCIA retained attorneys; 1.8 Labor negotiation or arbitration; 1.9 Services related to local improvement districts; Packet Pg. 238 9.3.d Proposed Lighthouse contract updated look back 7.5% increase 1.10 Services related to taxation; 1.11 Services requiring expertise in CERCLA, MTCA, or other state or federal environmental cleanup laws; 1.12 Representing the City in administrative proceedings before another governmental unit (such as Boundary Review Board hearings, proceedings before the State Shoreline Hearings Board, or proceedings before the State Gro anagement Hearings Board); 1.13 Telecommunications services, including franchise leasing; and 1.14 Office hours at City Hall will be provided b)&LGfVHOU 2. Authorization for RPC 1.6(a) Purposes. The lawyers at LIGHTHOUSE shall be authorized to provide information to members of the public and/or the local media to facilitate a more informed public discourse related to the role of the city attdrney, the operation of the city, antor issues facing the city, particularly where the legality of city actions has been called into question, PROVIDED THAT, this permission to provide information does not apply to information communicated to the lawyers in confidence by duly authorized representatives of the client, AND FURTHER PROVIDED THAT, the lawyers will need to use their professional juc11%ent in determining when it would be appropriate to exercise this permission given the lawyers' other priorities and obligations to the city and the extent to which the information is likely to be flpful to the public discourse. Vo 3. Personnel Performing Services. Jeff Ta ay will be the lead attorney and shall have the primary responsibility, for attending City Counci etings and delegating work to other LIGHTHOUSE att s as needed. Mr. Tarad may assign work to any attorney affiliated with LIGHTHOUSE. Prov on of service by any n n-LIGHTHOUSE attorney shall require prior gatMayor with notification provided to the Council of such assignment and approval. Payment for Services.` a. Except as provided in ction 3.b, below, during the year 2023, the City will pay LIGHTHOUSE for e services specified in Section 1 the sum of Fifty-eight Thousand kL Dollars ($58,000.00) a month (the flat fee). f any of the Option Triggering Events described in Section 3.c, below, occur, LIGHTHOUSE shall have the option to convert the flat fee compensation arrangement described in Section 3.a, above, to an hourly compensation arrangement. If exercised by LIGI�THOUSE, this option will have the effect of applying the hourly rates described in Section 3.d, below to all of the work performed by LIGHTHOUSE, including work that was performed prior to the Option Triggering Event, subject to the retroactive billing cap described in Section 3.e, below. LIGHTHOUSE shall have the ability to exercise this option, if triggered, at any time after the Option Triggering Event occurs by sending written notice to the City of its decision to exercise the option. If the option is exercised, LIGHTHOUSE shall send the City invoices that reflect the additional hourly charges owing after crediting the flat fee payments previously made by the City. Packet Pg. 239 Proposed Lighthouse contract updated look back 7.5% increase 9.3.d c. Any of the following shall constitute Option Triggering Events for the purposes of triggering the option in Section 3.b, above: i. The City terminates or provides notice of an intent to terminate the Agreement with LIGHTHOUSE; ii. The City selects a firm other than LIGHTHOUSE to serve as City Attorney; or iii. The City approves an in-house City Attorney position. Termination of the Agreement by LIGHTHOUSE shall not constitute an Option Triggering Event. The hourly rates below shall appl LIGHTHOUSE exercises the opti • Jeff Taraday • Tom Brubaker • Mike Bradley • Sharon Cates • Patricia Taraday • Angela Tinker • Beth Ford • any other attorney the City if e. If LIGHTHOUSE exercises the option described in Section 3.b, above, the total number of months that LIGHTHOUSE may convert retroactively to hourly billing is limited to not more than eight months, PROVIDED THAT retroactive billing shall not apply to any work performed prior to January , 2023. 5. Awards of Attorneys Fees. If the Cit prevails in a legal matter and the tribunal awards reasonable attorneys fees to the City as the prevailing party, the hourly rates in Section 3.d, above shall apply for, the Suirge rposes of calculating such fee award. These rates shall also be used where the City is able to a third -party (e.g. IF real estate developer) for work performed by LIGHTHOUSE. a. • Jeff Taraday $354 • Tom Brubaker $354 • Mike Bradley $354 • Sharon Cates $266 • Patricia Taraday $266 • Anizela Tinker $266 • Beth Ford $266 • any other attorney $266 Upon receipt of a fee award, the City shall keep the entire award PROVIDED THAT in cases initiated by the City including abatement actions, utility lien foreclosures, and other matters involving collection of a debt that is less than One Hundred Thousand Dollars, any attorneys fee award shall be paid to LIGHTHOUSE. Packet Pg. 240 9.3.d Proposed Lighthouse contract updated look back 7.5% increase 6. The City will not be charged separately for normal clerical or secretarial work, the expense of which has been calculated into LIGHTHOUSE's flat fee. Reimbursement will be made by the City for expenditures related to fees paid to a mediator, expert witness fees, court costs and fees, copying, postage, process service and courier costs. Other expenses shall be reimbursed when authorized in advance by the City. 7. Billing. The City shall pay the amount of the flat fee to LIGHTHOUSE within five calendar days of the last day of the month for which the legal services have been rendered. It shall not be necessary for LIGHTHOUSE to send an invoice for the flat fee to be paid. For informational purposes only, LIGHTHOUSE will send a detailed monthly description of the services rendered during the past month along with the amount that those services would cost the City in the event those services are billed on an hourly basis pursuant to Section 3.b, above. If LIGHTHOUSE exercises the option in Section 3.b, above, then it shall i ice according to that section. 8. Term of Agreement. This Agreement shall commence on January 1, 2023 an all remain in effect through December 31, 2023. Either party fKay terminate the Agreement for a reason upon sixty (60) days notice. In the event of termination, work in progress will be completed by LIGHTHOUSE if authorized by the City under terms acceptable to both parties. If completion of work in progress is not authorized or acceptable terms cannot be worked out, LIGHTHOUSE will submit all unfinished documents, reports, or other material to City and LIGHTHOUSE will be entitled to receive payment for any and all satisfactory work completed prior to the effective date of termination. If the effective date of termination falls in the middl 4rf a month, the fee shall be calculated on the fraction of the daily portion of the monthly ferfor those days prior to the term of the agreement. r 9. will maintain pr' ofessional liability ins nce throughout the duration of this Agreement in the minimum amount of $2,000,000. oe 10. Discriminatio HTHOUSE agrees not to discriminate against any employee or applicant for employment or any o r person in the performance of this Agreement because of race, creed, colo national origin, marital status, sex, age, physical, mental or sensory handicap, or other p cted status, except where a bona fide occupational qualification exists. Independent Contractor.4LIGHTHOUSE is an independent contractor with respect to the services to be providedounder this Agreement. The City shall not be liable for, nor obligated to pay to LIGHTHOUSE, or any employee of LIGHTHOUSE, sick leave, vacation pay, overtime or any other benplicable to employees of the City, nor to pay or deduct any social security, income tax, or othe ax fr# the payments made to LIGHTHOUSE which may arise as an incident of LIGHTHOUSE performing services for the City. The City shall not be obligated to pay industrial insurance for the services rendered by LIGHTHOUSE. 12. Ownership of Work Product. All opinions, data, materials, reports, memoranda, public records, and other documents developed by LIGHTHOUSE under this Agreement specifically for the City are the property of the City, shall be forwarded to the City at its request, and may be used by the City as the City sees fit. 4 Packet Pg. 241 9.3.d Proposed Lighthouse contract updated look back 7.5% increase 13. Hold Harmless. LIGHTHOUSE agrees to indemnify, hold harmless, and defend the City, its elected and appointed officials, employees and agents from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of LIGHTHOUSE. The City agrees to indemnify, hold harmless, and defend LIGHTHOUSE, its members, employees, and approved sub -contractors (e.g. Special Counsel), from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of the City, its elected and appointed officials, employees and ag pts. To the extent necessary to fully fulfill these promises of indemnity, the parties waive their immunity under Title 51 RCW. 14 14. Rules of Professional Conduct. All services provided by LIGHTHO SE under this Agreement will be performed in accordance with the Rules of Professiona duct for attorneys established by the Washington Supreme Court. 15. Work for Other Clients. LIGHTHOUSE may provide other services for clients other than the City during the term of this Agreement, but will not do so where the same may constitute a conflict of interest as defined by the Rules of Professionalf Conduct unless the City, after fulf disclosure of the potential or actual conflict, consents in writing to the representation. Any potential conflicts shall be handled in accordance with the Rules of Professional Conduct referred to above. 16. Subcontracting or Assignment. LIGHTHOUSE may not assign or' subcontract any portion of the services to be provided under this agreement without the expreskwritten consent of the City, PROVIDED THAT such consent shall not be unreasonably Ad, , and FURTHER PROVIDED THAT by this Agreement, the City hereby consents to LIGHT2USE's subcontracting with the following Special Counsel: Mike Bradley, attorneys supervised by Mike Bradley, and/or the respective legal entities through�which they perform their legal services. 17. Entire A ent. This Agreement represents the entire integrated agreement between the City and the L SE, superseding all prior negotiations, representations or agreements, written or oral. This eement may be modified, amended, or added to, only by written instrument properly signed by both parties hereto. Date: CITY OF EDMONDS LIGHTHOUSE LAW GROUP PLLC Mike 1 Mayor ATTEST/AUTHENTICATED: Scott Passey City Clerk Patricia Taraday Managing Member Packet Pg. 242 9.3.e Attachment D 2023 budget effects of proposed "flat fee" contract option This contract option is a modification of the "flat fee" contract proposed by Lighthouse, which also reflects changes suggested by the Madrona Law Group. Instead of the proposed 9% CPI-U increase in the original Lighthouse proposal, the Council Work Group is using a 7.5% CPI-U increase. The monthly flat fee that the city paid to Lighthouse is $53,953 in 2022, with the 7.5% CPI-U increase, the 2023 monthly flat fee will be $58,000, which resulted in an annual "flat fee" of $696,000. Note that this "flat fee" option comes with a look back clause, which means if the city initiates the disengagement with Lighthouse in 2023, the city is obligated to pay the difference between the "flat fee" and the amount that would have been invoiced had the hourly rates applied. The details of the look back clause and the triggering events are documented in Attachment C.1: redline version of 2023 "flat fee" contract option. The look back calculation is variable depending on the point in time at which the city notifies Lighthouse of its intent to terminate the agreement. Note that the maximum look back period would be eight months, per item 4.e of the proposed contract. In a likely worst -case scenario, if the city were to notify Lighthouse of its intent to terminate in December 2023, Lighthouse would credit the city for the most recent eight months of flat fee billing, then would rebill the city based on hourly rates for the hours worked during those months. The calculations in this likely worst -case scenario would be as follows: - Lighthouse credit for 8 months in 2023: $58,000 x 8 = $464,000 - Starting with the average hours billed per month over the last four years for each hourly rate class and then multiplying by the maximum eight -month look back period, the likely hours that would be worked over that period for the Rate Class 1 (the lower hourly rate class) are 1624 hours and 727 hours for the Rate Class 2 (the higher hourly rate class). Multiplying 1624 by $266 and 727 by $354, the estimated hourly billing cost over that eight -month period would be $689,478. After deducting the credit for the flat fee already paid, the estimated maximum additional amount owed to Lighthouse would be $225,478 ($689,478 minus $464,000). Important: this amount is an estimate based on historical attornev hours used and will va based on actual 2023 attorney hours used. Packet Pg. 243 Lighthouse Retainer contract - 85% average hours over last four years / 95% rate 9.3.f Attachment E.1 AGREEMENT FOR CIVIL LEGAL SERVICES THIS AGREEMENT entered into between the City of Edmonds ("the City") and Lighthouse Law Group PLLC ("LIGHTHOUSE") effective January 1, 2023, is entered into in consideration of the terms and conditions set forth below, the parties agree as follows: 4 1. Services to be Provided. LIGHTHOUSE will serve as attorneys for the City on all civil legal matters assigned or referred to LIGHTHOUSE by the City during the t' im of this Agreement, and will perform all civil legal services for the City with the exception of litigation covered by the City's insurance pool, litigation defended under an accepted tend agement, an egal services related to the issuance of any municipal bond or similar security. This is a nonexclusive agreement and the City at its sole discretion may engage oTWgaI counsel regarding any service that is expected to be provided by�LIGHTHOUSE. ExamplesXF such services expected to be provided by LIGHTHOUSE include, but are not limited to: N 1.1 Preparing for and attending meetings of the CitX Council and City Coidneil Comm, if applicable, as necessaV or requested to do so; 13P 1.2 Drafting ordinances, resolutions, and decisions; 1 moshh- 1.3 Answering telephone calls from City elected officials and staff and providing general consultation on civil legal matters; • Mik 1.4 Attending meetings with City staff �pcluding regular office hours if requested), the Mayor, and/or Council Members on civil legal matters; 1.5 Attending meetings of other City boards and commissions, such as the Planning Board loHearing Examiner, when requested to do so; and 1.6 Negotiating with third parties other than in a litigation context, e.g., negotiating interlocal agreem�ts. Representing the City and its officials in litigation matters, provided, that in cases where the City and its officials have insurance coverage through WCIA or another insurer, LIGHTHOUSE will represent the City and its officials only until WCIA retained attorneys are actively handling the case or to the extent necessary to deal with non -covered claims or to provide consultation and coordination between the City and "the WCIA retained attorneys; 1.8 Labor negotiation or arbitration; 1.9 Services related to local improvement districts; Packet Pg. 244 9.3.f Lighthouse Retainer contract — 85% average hours over last four years / 95% rate 1.10 Services related to taxation; 1.11 Services requiring expertise in CERCLA, MTCA, or other state or federal environmental cleanup laws; 1.12 Representing the City in administrative proceedings before another governmental unit (such as Boundary Review Board hearings, proceedings before the State Shoreline Hearings Board, or proceedings before the State Growt anagement Hearings Board); 1.13 Telecommunications services, including franchise negotiation and leasing; and 1.14 Office hours at City Hall will be provided by LIGHTHOUSE as requested. 2. Authorization for RPC 1.6(a) Purposes. The lawyers at LIGHTHOUSE s authorized to provide information to members of the public and/or the local media to facilitate a informed public discourse related to the role of the city attgrney, the operation of the city, an issues facing the city, particularly where the legality of city actions has been called into question, PROVIDED THAT, this permission to provide information does not apply to information communicated to the lawyers in confidence by duly authorized representatives oft ent, AND FURTHER PROVIDED THAT, the lawyers will need to use their professilWjudgment in determining when it would be appropriate to exercise this permission given the lawyers' other priorities and obligations to the city and the extent to which the information is 1' to be helpful to the public discourse. 3. Personnel Performing Services. Jeff Tarada� will lead attorney and shall have the primary responsibility for attending City Council meetings nd delegating work to other LIGHTHOUSE attorneys, as needed. Mr. Taraday may assign work to any attorney affiliated with LIGHTHOUSE. Provision of service by any ether non -LIGHTHOUSE attorney shall require prior approval by thoAayor with notification provided to the Council of such assignment and approval. 4. Payment for Services. "W the Contract Period, for each attorney Rate Class group, a particular number of hours the "Included Hour?) is included in the retainer. Because the Contract Period spans 12 months, the City will have the flexibility to use the Included Hours, as it sees fit, during the Contract Period. Under this contract, exceeding a particular number of hours in a given month, would not necessarily lead to an additional charge to the City during that month. However, if the number of Included Hours is reached prior to the end of the C'entract Period, then the City would incur additional charges. Lighthouse will charge any such extra hours at the hourly rates set forth herein. While there is flexibilitv to use Included Hours within the Contract Period. anv unused Included Hours may not be carried forward for use in a future Contract Period. Also, any unused Rate Class 1 hours in the Contract Period may not be applied to any extra retainer hours billed by Rate Class 2 attorneys in that same Contract Period. But any unused Rate Class 2 hours in a given Contract Period may be applied to extra retainer hours billed by Rate Class 1 attorneys in that same Contract Period. If Rate Class 2 attorneys bill more than the Included Hours during the Contract Period, those extra hours would be billed at the applicable hourly rate for the Rate Class 2 attorneys. Similarly, if Rate Class 1 Packet Pg. 245 9.3.f Lighthouse Retainer contract — 85% average hours over last four years / 95% rate Q attorneys bill more than the Included Hours during the Contract Period, those extra retainer hours would first be applied to any unused Rate Class 2 hours and then, if there were still extra hours, would be billed on an hourly basis after that. All time is billed in tenth of an hour increments, rounding up to the nearest tenth. When our services require travel to Edmonds, regardless of the actual travel time, a one -hour round trip will be charged at the attorney.�pplicable hourly rate, which will likely be charged against the Included Hours unless all the Included Hours have been used. Payment and Included Hours shall be prorated according to this paragraph. The final Monthly Payment shall be prorated by dividing the number of days of the month up to the effective date of termination by the total number of days in the month. For example, if termination becomes effective on the 201h day of a 30-dav month. then the final .iu). lncluctea Hours would oe prorated as a percentage of the sdJ-ctayye if termination becomes effective on September 20th (the 263rd day of the Rate Class 1: 1492 Included How Rate Class 2: 668 Included Hours (calculated by taking 927 times Wivided by 365) Any hours worked in excess of the prorated Included Hours would be extra retainer hours that would be billed at the applicable hourly rate usiniz the same methods as described in the preceding paragrWh. • Patricia Taradav • Sharon Cates • Beth Ford • Jeff Taradav • Tom Brubaker • Mike Bradle • Jeff Taradav $336 • Tom Brubaker $336 • Mike Bradley $336 • Sharon Cates $253 • Patricia Taraday $253 • Angela Tinker $253 hourlv invoices that will Packet Pg. 246 9.3.f Lighthouse Retainer contract — 85% average hours over last four years / 95% rate • Beth Ford $253 • any other attorney $253 Term of the Contract: Contract Period: January 1, 2023 through December 31, 2023 Total attorney hours by rate class included during the retainer for this Contract Period (the "Included Hours") : Rate Class 1: 2071 Included Hours Rate Class 2: 927 Included Hours Period: $835.130.00 Monthly Payment toward retainer: $69,594 Hourly rates if the City uses more than the It Period: Rate Class 1: $253 Rate Class 2: $336 'Al I The terms of this contract may be changetl upon mutual agreeWent. tract 5. Awards of Attorneys Fees. If the City prevails in a legal matter and the tribunal awards reasonable attorneys fees to the City as the prevailing party, the ourly rates in Section 3.d, above shall apply for the purposes of calculating such fee award. The all also be used where the City is able to charge a third -party (e.g. a real estate dev er) for work performed by LIGHTHOUSE. The hourly rates below will be used as a basis f e calculation and requesting of attorney s • Jeff Taraday $ • Tom Brubaker to $3 • Mike Bradley $3 • Sharon Cates 66 Patricia Taraday $266 • Angela Tinker $266 • Beth Ford $266 'OON• any other attorne/ $266 Upon receipt of a fee award, the City shall keep the entire award PROVIDED THAT in cases initiated by the City including abatement actions, utility lien foreclosures, and other matters involving collection of a debt that is less than One Hundred Thousand Dollars, any attorneys fee award shall be paid to LIGHTHOUSE. 6. The City will not be charged separately for normal clerical or secretarial work, the expense of which has been calculated into LIGHTHOUSE's #at fees. Reimbursement will be made by the City for expenditures related to fees paid to a mediator, expert witness fees, court costs and fees, copying, postage, process service and courier costs. Other expenses shall be reimbursed when authorized in advance by the City. 7. Billing. The City shall pay the amount of the flat fee to LIGHTHOUSE within five calendar Packet Pg. 247 9.3.f Lighthouse Retainer contract — 85% average hours over last four years / 95% rate days of the last day of the month for which the legal services have been rendered. It shall not be necessary for LIGHTHOUSE to send an invoice for the flat fee to be paid. For informational purposes only, LIGHTHOUSE will send a detailed monthly description of the services rendered during the past month along with the amount that those services would cost the City in the event those services are billed on an hourly basis pursuant to Section 3.b, above. If LIGHTHOUSE exercises the option in Section 3.b, above, then it shall invoice according to that section. 8. Term of Agreement. This Agreement shall commence on January 1 023 and shall remain in effect through December 31, 2023. 9. Termination a. The City reserves the right to terminate the Agreeme at any tiTsspension, ith or without cause, upon 14 days' prior written notice. In the event of teVi ation or all finished and unfinished documents, data, worksheets4 models, and reports, or other material prepared by LIGHTHOUSE , pursuant to this agree nt, shall be submitted to the City. I b. In the event this Agreement is terminated, LIGHTHOUS hall be entitled to payment of all services performed and reimbursable expen cuffed up to the date of termination. c. The City may terminate thitgreement immediatel GH HOUSE's insurance coverage is canceled for any reason or if LIGHTHOU nable to perform the services called for in this agreement. 1kh.- d. LIGHTHOUSE reserves the right to terminate greement with not less than 60 days' written notic e. This section shall of prevent the City fr seeking any legal remedies it may otherwise hay.4or the violation of nonperforma of any provisions of this agreement. 10. Professional Liability Insurance. L THOUS will maintain professional liability insura oughout the duration of this Agreement in the minimum amount of $2,000,000. 1 Discrimination. LIGHTHOUSE agrees not to discriminate against any employee or applicant for employment or any other pe7nn in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, or physical, mental or sensory handicap, or other protected status, except where a bona fide occupational qualification exists. 12. Independent Contractor. LIGHTHOUSE is an independent contractor with respect to the services to be provided under this Agreement. The City shall not be liable for, nor obligated to pay to LIGHTHOUSE, or any employee of LIGHTHOUSE, sick leave, vacation pay, overtime or any other benefit Applicable to employees of the City, nor to pay or deduct any social security, income tax, or other tax from the payments made to LIGHTHOUSE which may arise as an incident of LIGHTHOUSE performing services for the City. The City shall not be obligated to pay industrial insurance for the services rendered by LIGHTHOUSE. 13. Ownership of Work Product. All opinions, data, materials, reports, memoranda, public records, and other documents developed by LIGHTHOUSE under this Agreement specifically for Packet Pg. 248 9.3.f Lighthouse Retainer contract — 85% average hours over last four years / 95% rate the City are the property of the City, shall be forwarded to the City at its request, and may be used by the City as the City sees fit. 14. Hold Harmless. LIGHTHOUSE agrees to indemnify, hold harmless, and defend the City, its elected and appointed officials, employees and agents from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of LIGHTHOUSE. The City agrees to indemnify, hold harmless, and defend LIGHTHOUSE, its members, employees, and approved sub -contractors (e.g. Special Counsel), from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of the City, its elected and appointed officials, employees and agents. To the extent necessary to fully fulfill these promises of indemnity, the parties w eir immunity under Title 51 RCW. 15. Rules of Professional Conduct. All services provided by,L HTHOUSE under this Agreement will be performed in accordance with the Rules of Professional Conduct fl meys established by the Washington Supreme Court. 16. Work for Other Clients. LIGHTHOUSE may p vide oth�seices for clients other than the City during the term of this Agreement, but will not do so where the same may constitute a conflict of interest as defined by the Rules of Professional Conduct u the City, after full disclosure of the potential or actual conflict, consents in writing to the repres on. ny potential conflicts shall be handled in accordance with the Rules of Professional Conduct d to above. 17. Subcontracting or Assignment. LI THOUSE may isign or subcontract any portion of the services to be provided under this agree ntAthout the express written consent of the City, PROVIDED THAT such consent shall not b unreasonablyrwithheld, and FURTHER PROVIDED THAT by this Agreement, the City hereby consents to LIGHTHOUSE's subcontracting with the following Special Counsel: Mike Bradley, attorneys�upervised by Mike Bradley, and/or the respective legi Ontities through which they perforri'i their legal services. 18. Entire Agreement. This Agreement represents the entire integrated agreement between the City and the LIGHTHOUSE, superseding all prior negotiations, representations or agreements, written or oral. This Agreement may be modified, amended, or added to, only by written instrument properly signed by both parties hereto. Date: Date: dkL CITY OF EDMONDS Mike Nelson Mayor ATTEST/AUTHENTICATED: LIGHTHOUSE LAW GROUP PLLC Patricia Taraday Managing Member Packet Pg. 249 Lighthouse Retainer contract — 85% average hours over last four years / 95% rate 9.3.f Scott Passey City Clerk Packet Pg. 250 Lighthouse Retainer contract - 85% average hours over last four years / 95% rate 9.3.g Attachment E.2 AGREEMENT FOR CIVIL LEGAL SERVICES THIS AGREEMENT entered into between the City of Edmonds ("the City") and Lighthouse Law Group PLLC ("LIGHTHOUSE") effective January 1, 2023, is entered into in consi eration of the terms and conditions set forth below, the parties agree as follows: 1. Services to be Provided. LIGHTHOUSE will serve as attorneys for the City on all civil legal matters assigned or referred to LIGHTHOUSE by the City during the term of this Agreement, and will perform all civil legal services for the City with the exception of litigation covered by the City's insurance pool, litigation defended under an accepted tender arrangement, and legal services related to the issuance of any municipal bond or similar security. , This is a nonexclusive agreement and the City at its sole discretion may engage other legal counsel regarding any service that is expected to be provided by LIGHTHOUSE. Examples of such services expected to be provided by LIGHTHOUSE include, but are not limited to: 1.1 Preparing for and atten meetings of the City Council, if applicable, as necessary or requested to do so; 1.2 Drafting ordinances, resolu ns, and decisions; 1K 1.3 Answeringtelephone calls from City elected�als and staff and providing general p Y p g consultation on i il legal matters; 1.4 Attending meetings with City st ncluding regular office hours if requested), the Mayor, and/or Council Members,A civil legal matters; of of 1t 71rity boards and commissions, such as the Planning Board ier, when requested to do so; and 1.6 Negotiating with rd parties other than in a litigation context, e.g., negotiating interlocal agree nts. Representing the City and its officials in litigation matters, provided, that in cases where the City and its officials have insurance coverage through WCIA or another insurer, LIGHTHOUSE will represent the City and its officials only until WCIA retained attorneys are actively handling the case or to the extent necessary to deal with non -covered claims or to provide consultation and coordination between the City and the WCIA retained attorneys; 1.8 Labor negotiation or arbitration; 1.9 Services related to local improvement districts; Packet Pg. 251 9.3.g Lighthouse Retainer contract — 85% average hours over last four years / 95% rate 1.10 Services related to taxation; 1.11 Services requiring expertise in CERCLA, MTCA, or other state or federal environmental cleanup laws; 1.12 Representing the City in administrative proceedings before another governmental unit (such as Boundary Review Board hearings, proceedings before the State Shoreline Hearings Board, or proceedings before the State Gro anagement Hearings Board); 1.13 Telecommunications services, including franchise #goilWand leasing; and 1.14 Office hours at City Hall will be provided b)jjkLGfVHOU 2. Authorization for RPC 1.6(a) Purposes. The lawyers at LIGHTHOUSE shall be authorized to provide information to members of the public and/or the local media to facilitate a more informed public discourse related to the role of the city attdmey, the operation of the city, antor issues facing the city, particularly where the legality of city actions has been called into question, PROVIDED THAT, this permission to provide information does not apply to information communicated to the lawyers in confidence by duly authorized representatives of the client, AND FURTHER PROVIDED THAT, the lawyers will need to use their professional juc11%ent in determining when it would be appropriate to exercise this permission given the lawyers' other priorities and obligations to the city and the extent to which the information is li*tbeleaTpafu'�to the public discourse. r3. Personnel Performing Services. Jeff Taradaywdttorney and shall have the primary responsibility for attending City Council meetings and delegating work to other LIGHTHOUSE attorneys, as needed. Mr. Taraday may assign work to any attorney affiliated with LIGHTHOUSE Provision of service by any non -LIGHTHOUSE attorney shall require prior approval by th8 Ma ith notification provid to the Council of such assignment and approval. 4. Pa ent for Se a. During tli�Contr t Period for each attorney Rate Class group, a particular number of hours (the "Included Hours") is included in the retainer. Because the Contract Period spans 12 months, the City will have the flexibility to use the Included Hours, as it sees fit, during the Contract Period. Under this contract, exceeding a particular number of hours in a given month, would not necessarily lead to an additional charge to the City during at month. However, if the number of Included Hours is reached prior to the end of the Contract Period, then the City would incur additional charges. Lighthouse will charge any such extra hours at the hourly rates set forth herein. eile there is flexibility to use Included Hours within the Contract Period, any unused Included Hours may not be carried forward for use in a future Contract Period. Also, any unused Rate Class 1 hours in the Contract Period may not be applied to any extra retainer hours billed by Rate Class 2 attorneys in that same Contract Period. But any unused Rate Class 2 hours in a given Contract Period may be applied to extra retainer hours billed by Rate Class 1 attorneys in that same Contract Period. If Rate Class 2 attorneys bill more than the Included Hours during the Contract Period, those extra hours would be billed at Packet Pg. 252 9.3.g Lighthouse Retainer contract — 85% average hours over last four years / 95% rate the applicable hourly rate for the Rate Class 2 attorneys. Similarly, if Rate Class 1 attorneys bill more than the Included Hours during the Contract Period, those extra retainer hours would first be applied to any unused Rate Class 2 hours and then, if there were still extra hours, would be billed on an hourly basis after that. All time is billed in tenth of an hour increments, rounding up to the nearest tenth. When our services require travel to Edmonds, regardless of the actual travel time, a one -hour round trip will be charged at the attorney's applicable hourly rate, which will likely be charged against the Included Hours unless all the Included Hours have been used. If this contract is terminated prior to the end of the Contract Period, then the Monthly Payment and Included Hours shall be prorated according to this paragraph. The final Monthly Payment shall be prorated by dividing the number of days of the month up to the effective date of termination by the total number of days in the rth. For example, if termination becomes effective on the 201h day of a 30-day month'An the final Monthly Payment would be $46,396 (calculated by taking $69,594 times 20 divided by 30). Included Hours would be prorated as a percentage of the 365-day year. For example, if termination becomes effective on September 20th (the 263rd day of theyear), the Included Hours for each Rate Class would be as follows: Rate Class 1: 1492 Included Hours (calculated by taking 2071 time 263 divided by 365) Rate Class 2: 668 Included Hours (calculated by taking 927 times 263 divKded by 365) Any hours worked in excess of the prorated Included ours would be extra retainer hours that would be billed at the applicable hourly rate using the same methods as described in the preceding a�ragraph. Y .p • Beth Ford , • Angela Tinker kk included inmate Class 2 include: • Jeff Taraday • Tom Brubaker r Mike Bradley b. Thlhourly rates below shall apply to the hourly invoices that will be paid by the City described in Section 3.a, above. • Jeff Taraday $336 • Tom Brubaker $336 • Mike Bradley $336 • Sharon Cates $253 Packet Pg. 253 9.3.g Lighthouse Retainer contract — 85% average hours over last four years / 95% rate • Patricia Taraday $253 • Angela Tinker $253 • Beth Ford $253 • any other attorney $253 Term of the Contract: Contract Period: January 1, 2023 through December 31, 2023 Total attorney hours by rate class included during the retainer forthis Contract Period (the "Included Hours") : Rate Class 1: 2071 Included Hours IAL Rate Class 2: 927 Included Hours Total retainer payment in exchange for the Period: $835,130.00 Monthly Payment toward retainer: $69,5 Hourly rates if the City uses more tha e Period: Rate Class 1: $253 Rate Class 2: $336 Hours during this Contract r--q% Included Hours during th tract The terms of this contract may be changed upon mutual agreement. 5. Awards of Attorneys Fees. If the City prevails in a leg after and the tribunal awards reasonable attorneys fees to the City as the prevailing party, the urly rates in Section 3.d, above shall apply for the purposes of calculating ch fee award. Thy rates shall also be used where the City is able to charge a third -party (e. real estate developer) for work performed by LIGHTHOUSE. The rates b will be used a basis for the calculation and requesting of • Jeff 4 om Bru $354 radle $354 • S ates $266 • Patri is Taraday $266 • Angela Tinker $266 • Beth Ford $266 kL any other attorney $266 Upon receip award, the City shall keep the entire award PROVIDED THAT in cases initiated by the ty including abatement actions, utility lien foreclosures, and other matters involving coll ction of a debt that is less than One Hundred Thousand Dollars, any attorneys fee award shall be paid to LIGHTHOUSE. 6. The City will not be charged separately for normal clerical or secretarial work, the expense of which has been calculated into LIGHTHOUSE's fees. Reimbursement will be made by the City for expenditures related to fees paid to a mediator, expert witness fees, court costs and fees, copying, postage, process service and courier costs. Other expenses shall be reimbursed when authorized in 4 Packet Pg. 254 9.3.g Lighthouse Retainer contract — 85% average hours over last four years / 95% rate advance by the City. 7. Billing. The City shall pay the amount of the flat fee to LIGHTHOUSE within five calendar days of the last day of the month for which the legal services have been rendered. It shall not be necessary for LIGHTHOUSE to send an invoice for the flat fee to be paid. For informational purposes only, LIGHTHOUSE will send a detailed monthly description of the services rendered during the past month along with the amount that those services would cost the City in the event those services are billed on an hourly basis pursuant to Section 3.b, above. If LIGHTHOUSE exercises the option in Section 3.b, above, then it shall invoice accordi g to that section. 8. Term of Agreement. This Agreement shall commence on ua y 1, 2023 and shall remain in effect through December 31, 2023. 9. Termination a. The City reserves the right to terminate the Agreement at any time, with ithout cause, upon 14 days' prior written notice. In the event of termination or suspen on, all finished and unfinished documents, data, worksheets, models, and reports, or other material prepared by LIGHTHOUSE, pursuant to this agreement, shall be submitted to the City. b. In the event this Agreement-rminated, LIGHTHOUSE shall be entitled to payment of all services performed and reimbursable expenses, incurred up to the date of termination. 1 - '4F c. The City may terminate this agreement immediately I LIGHTHOUSE's insurance coverage is canceled for any reason or if LIGHT)fOUSE is unable to perform the services called for in�this agreement. d. LIG USE res es the right to terminate this agreement with not less than 60 days' wr'raen e. This section of prevent City from seeking any legal remedies it may otherwise have foie vio of nonperformance of any provisions of this agreement. Professional Liability Insurance. LIGHTHOUSE will maintain professional liability ce throughout the duration of this Agreement in the minimum amount of $2,000,000. 11. Discrimination IGHTHOUSE agrees not to discriminate against any employee or applicant for employment or a ther person in the performance of this Agreement because of race, creed, color, national on , marital status, sex, age, or physical, mental or sensory handicap, or other protected status PXcept where a bona fide occupational qualification exists. 12. Independent Contractor. LIGHTHOUSE is an independent contractor with respect to the services to be provided under this Agreement. The City shall not be liable for, nor obligated to pay to LIGHTHOUSE, or any employee of LIGHTHOUSE, sick leave, vacation pay, overtime or any other benefit applicable to employees of the City, nor to pay or deduct any social security, income tax, or other tax from the payments made to LIGHTHOUSE which may arise as an incident of LIGHTHOUSE performing services for the City. The City shall not be obligated to pay industrial Packet Pg. 255 9.3.g Lighthouse Retainer contract — 85% average hours over last four years / 95% rate insurance for the services rendered by LIGHTHOUSE. 13. Ownership of Work Product. All opinions, data, materials, reports, memoranda, public records, and other documents developed by LIGHTHOUSE under this Agreement specifically for the City are the property of the City, shall be forwarded to the City at its request, and may be used by the City as the City sees fit. 14. Hold Harmless. LIGHTHOUSE agrees to indemnify, hold harmless, and defend the City, its elected and appointed officials, employees and agents from and against any and all claims, judgments or awards of damages, arising out of or resulting from t acts, errors or omissions of LIGHTHOUSE. The City agrees to indemnify, hold harmless, a efend LIGHTHOUSE, its members, employees, and approved sub -contractors (e.g. Speci ounsel), from and against any and all claims, judgments or awards of damages, arising o or sulting from the acts, errors or omissions of the City, its elected and appointed officials p o ees and agents. To the extent necessary to fully fulfill these promises of indemnity parties waive their immunity under Title 51 RCW. )6� 15. Rules of Professional Conduct. All services provided by IGHTHOUSE under this Agreement will be performed in accordance with the Rules of Professional Conduct for attorneys established by the Washington Supre ft. 16. Work for Other Clients. LIGHTHOUSE may provide other ices for clients other than the City during the term of this Agreement, but will not do so -where e same may constitute a conflict of interest as defined by the Rules of Professional Conduct unle s the City, after full disclosure of the potential or actual conflict, consents in writing to the representation. Any potential conflicts shall be handled in accordance with the Rules of Professional Conduct referred to above. 17. Subconti;icting or Assignment. LIGHT E may not assign or subcontract any portion of the services to e provided under this agreemen ithout the express written consent of the City, PROVIDED THAT such consent shall not b nreasonably withheld, and FURTHER PROVIDED THAT by this Agreement, the City hereby consents to LIGHTHOUSE's subcontracting with the following Special Counsel: Mike Bradley, attorneys supervised by Mike Bradley, and/or the r ctive legal entities through which they perform their legal services. Entire Agreement. This Igreement represents the entire integrated agreement between the City and the LIGHTHOUSE, superseding all prior negotiations, representations or agreements, written o al. This Agreement may be modified, amended, or added to, only by written instrument properly by both parties hereto. Date: Date: CITY OF EDMONDS LIGHTHOUSE LAW GROUP PLLC Mike Nelson Mayor Patricia Taraday Managing Member 6 Packet Pg. 256 Lighthouse Retainer contract — 85% average hours over last four years / 95% rate 9.3.g ATTEST/AUTHENTICATED: Scott Passey Pif— rlarl- Packet Pg. 257 9.3.h Attachment F 2023 budget effects of proposed "retainer" contract option This contract option is based on the existing Lighthouse contract with the city of Maple Valley, which features a monthly retainer coupled with hourly fees. This version is a more traditional City Attorney contract arrangement. The number of hours used in this option are 85% of an average of the past 3.5 years of usage, which is 2071 of Class 1 hours and 927 of Class 2 hours. When those hours are exhausted, any hours in addition to those included in the retainer amount will be billed by the hour. This "retainer" contract version is attached as Attachment E; it also contains suggestions by the Madrona Law Group. This contract version's 2023 retainer portion of the budget impact is $835,435, which is the sum of the product of Class 1 hours and rate, and the product of Class 2 hours and rate. In addition to the retainer portion, additional costs may occur when those "included hours" have been used up and more hours are needed. A negotiated Edmonds hourly rate will be applied to any additional hour beyond the "included hours". The Edmonds hourly rate is ninety-five percent of the Maple Valley hourly rate, which is $253 for Class 1 and $336 for Class 2. The following table demonstrates the financial impact of the "flat fee" and "retainer" options, and the potential savings of the "flat fee" option. Retainer Option 85% of Average Historical Hours Class 1 Class 2 Total Estimated Legal Service Hours 2,071 927 95% of Maple Valley Rates $ 253 $ 336 $ 523,963 $ 311,472 $ 835,435 Flat Fee Option Class 1 Class 2 Total 2022Monthly Flat Fee $ 53,953 CPI-U increase 7.50% Number of Months $ 12 $ 695,994 Annual Savings between Retainer Option and Flat Fee Option $ 139,441 1 Packet Pg. 258 9.4 City Council Agenda Item Meeting Date: 11/22/2022 2023 COLA for non -represented employees Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History Per City policy, the Mayor will recommend the adjustment of the salary schedule for non -represented employees to the City Council for approval as part of the budget process. For 2023, it is also being recommended that Council consider benefit changes for the non -represented employees. Staff Recommendation Recommend the following be approved: -7% COLA for 2023 -Provide 100% employer paid health care premiums for employees -Provide part-time employees with the same health care benefits as full-time employees -Establish an opt -out program for health care providing a payment of 50% of the premium of the lowest cost medical plan that the City offers -Provide a $300 VEBA contribution in 2023 -Increase Management leave to 80 hours per year Narrative Please see attached PowerPoint which will be presented by HR at the Council meeting. Attachments: Proposed 2023 Wage Adjustment Presentation Packet Pg. 259 Proposed 2023 Wage Adjustment and Benefit ranges Non -Represented Employees Personnel Policies - Chapter 5 Compensation Annual Salary Adjustments Personnel Policy 5.10 NON -REPRESENTED EMPLOYEES' ANNUAL SALARY ADJUSTMENTS The Mayor will recommend the adjustment of salary schedule for non -represented employees to the City Council for approval as part of the budget process. 2023 Wage Adjustments for Represented Groups Currently the AFSCME , Teamsters, and EPOA Law Support collective bargaining agreements are not settled for 2023 Given current contract language though it could be anticipated that these groups will receive a wage adjustment of 5.5% for 2023 The EPOA Commissioned contract is settled for 2023 but as this is a represented group that has binding arbitration, taking this group's wage adjustments into consideration for the non -represented employees would not be appropriate. 2022 Wage Adjustments When considering the 2023 wage adjustment for non -represented employees, City Council should take into account the 2022 Wage Adjustments In 2022 City Council approved the implementation of a market study for all City positions. This was the first time that the internal equity of positions was addressed in addition to the external compensation data. The intent is to ensure all positions of similar requirements are aligned internally. Going forward, the City will want to address the issue of maintaining some consistency in the annual wage adjustment between all groups so as to maintain the internal equity. EPOA Law Support received a wage adjustment of 3% in 2022. The City has since reopened that contract for wages to address the inflation rate and has provided an additional 2.5% wage adjustment. Total adjustment for 2022 will be 5.5% 2022 Wage Adjustments continued The City is currently in bargaining with both the Teamsters and AFSCME for 2022 wages. Given contract language it is most likely that both groups will receive a wage adjustment of 5.5% for 2022. ► The non -reps received a wage adjustment of 3% in 2022. This places the wages for non -represented positions 2.5% behind other employee groups for 2022 and are therefor entering 2023 with a deficit. IL Other Data points Using "comparator" organizations is often the standard in establishing compensation and has been used by Edmonds for both represented and non - represented employees Using the Consumer Price Index for Urban wage earners in the Seattle/Tacoma/Bellevue area is also used as data point to establish compensation levels. City COLA Bothell No information Shoreline 7.76% 5.00% (looking at other ways to SeaTac provide staff with more money) Olympia 4.00% Lacey Not yet established Issaquah 6.00% + 4% lump sum payment Puyallup 5.00% Burien 6.00% Lynwood No information Mukilteo Not yet established mile Packet Pg. 266 EL Using CPI-U (and not CPI-W) The CPI is calculated for two population groups: All Urban Consumers (CPI-U) and Urban Wage Earners and Clerical Workers (CPI-W). The CPI-U represents about 93 percent of the total U.S. population and is based on the expenditures of all families living in urban areas. The CPI-W is a subset of the CPI-U and is based on the expenditures of families living in urban areas who meet additional requirements related to employment: more than one-half of the family's income is earned from clerical or hourly -wage occupations. The CPI-W represents about 29 percent of the total U.S. population. Because the CPI-U population coverage is more comprehensive, it is used in most wage adjustment calculations. EL How to use the CP1-1 In order to determine the cost of inflation from one year to the next the year a period is established be setting a base month between two years. The June to June period is the most commonly used. The 2021 CPI-U, which is used to establish 2022 wages, was 5.5% The 2022 CPI-U, which is used to establish 2023 wages, was 10.1 Washington State Minimum Wage Increase for 2027. Washington State minimum wage will increase to $15.74 per hour in 2023 This is an increase of 8.63% State law requires an automatic annual inflation adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the August to August period. EL What was proposed and what has occurred At the time the budget was submitted, June to June numbers for the CPI-IJ was not yet available. The non -rep wage adjustment proposed in the budget was 5.5% Since then, the June to June numbers have been released which places the CPI-IJ at 10.1 EL 2023 COLA Recommendation In order to maintain internal equity of positions it is recommended that the non -represented wage schedule be increased by 7% This will take into account the deficit from 2022 Represented wage schedules will most likely be increased by 11 % in total over the two year period of 2022 and 2023 Providing a 7% adjustment to the non -rep schedule in 2023 will provide a total of 10% over the two year period of 2022 and 2023. EL Benefit changes , 'commended for 202.3. ► In addition to wage adjustments for 2023 the following benefit changes are being recommended in order for Edmonds to stay competitive in the labor market so that we may retain and attract the most qualified staff. Health Care Premiums Currently the City pays 90% of employee health care premiums. It is recommended that this be changed to 100% for employees. 90% for spouses and dependents would be maintained Currently, part-time employees are required to pay a pro -rated share of their health care premiums. With a part-time salary it is often too costly for the employee to afford the premium cost share. Part-time employee demographics are often women and older workers. It is recommended that Council consider providing the same health care benefits to part-time employees as is provided to full-time employees. This is not a common practice but will address issues of equity and place Edmonds as a highly desirable employer for part-time positions, which are very hard to fill. Edmonds currently has 9 part-time employees. 2 are on the City health care plan with only one of those being non -represented. Should Council approve this, additional discussion should take place to address represented employees. Health Care opt -out It is recommended to establish a health care opt -out program that will provide employees who opt -out of City provided health care with 50% of the premium cost of the City's lowest cost medical plan. The current lowest cost plan is the Kaiser Permanente HMO with a monthly premium of $712.20 for 2022. Employees who opt out would receive $356.10 per month. VEBA Contributions Provide a VEBA contribution of $300 to all non -reps. Non -represented employees received a $600 contribution in 2022 in order to address that this employee group had not received a VEBA contribution for multiple years. Cost for this would be approximately $15,000 in 2023. EL Recommended benefit changes continued Update to Management Leave Policy Current Policy 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. Comparator organizations provide, on average, 71 hours of management leave to qualified positions with the most common amount being 80 hours. Would recommend updating the policy to 80 hours of management leave for qualified positions. Recommendation Current proposed COLA in the 2023 budget is for a 5.5% wage adjustment. This will cost $364,955 in wages and $113,603 in benefits for 2023 Should Council approve the 7% wage adjustment this would cost an additional $99,533 in wages and $30,983 in benefits for 2023 Recommend the following be approved 7% COLA for 2023 Provide 100% employer paid health care premiums for employees Provide part-time employees with the same health care benefits as full-time employees Establish an opt -out program for health care providing a payment of 50% of the premium of the lowest cost medical plan that the City offers Increase Management leave to 80 hours per year Packet Pg. 275 9.5 City Council Agenda Item Meeting Date: 11/22/2022 2023 HR Budget Requests Staff Lead: {Type Name of Staff Lead} Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History The Human Resources department has requested 2 additional positions be added to the HR Department for 2023. It has been requested to add a full-time HR Assistant and a full-time HR manager. Staff Recommendation Narrative Please see DP #6 and DP #7. The HR Director will discuss the need for these positions at the 11/22/22 Council meeting. Packet Pg. 276 9.6 City Council Agenda Item Meeting Date: 11/22/2022 Council Budget Discussion Staff Lead: Council Department: City Council Preparer: Beckie Peterson Background/History On October 3, Mayor Nelson presented the proposed 2023 City Budget. On November 1 and November 15, Council held public hearings on the 2023 budget. Recommendation N/A Narrative City Councilmembers will have a preliminary discussion on any amendments they would like to consider for the 2023 City Budget. Councilmembers have submitted some initial budget amendments to Director Turley, which are posted on the city website under Administrative Services and are attached sequentially as submitted. Staff requested amendments are also attached. Attachments: Council-DPs-Nov4 Council-DPs-Nov6th edited of Q and CIP UP Council-DPsNovBth Council-DPs-Nov9th CouncilDp-Nov16 Council DPs Nov 17 Staff Proposed Changes_V 1.0 Packet Pg. 277 Decision Package Budget Report New Item City of Edmonds 9.6.a Decision Package: new item draft 1 Date Budget Year Group Version Priority Duration Approval Status 11/2/22 2023 Councilmember 0 1 One time Pending Teitzel Item Description This decision package requests 2023 funding of $50,000 for the annual City of Edmonds contribution to the Edmonds Center for the Arts (ECA) operations fund. The ECA is a true asset for the community and has been working to recover from the negative effects of COVID, and recent attendance at ECA events is beginning to rebound. This contribution will be helpful to the ECA's efforts to recover and thrive as a centerpiece in our local and regional arts community. Justification The city has provided an annual support contribution to the ECA for a number of years, and this contribution matches the 2021 and 2022 contribution levels. The ECA is a key in our focus on the arts and draws patrons from Edmonds and surrounding areas to our city. These patrons utilize our city amenities and drive increased sales tax revenue. Describe All Fundina Sources Non -Departmental Fund BARS code 001.000.39.575.20.52.00 Describe Future or Onaoina Costs N/A Proiect Status (if annlicable Pendng FISCAL DETAILS Expenditures Packet Pg. 278 Decision Package Budget Report City of Edmonds Regarding DP 1 Decision Package: Date Budget Year Group Version Priority 10/31/22 2023 Councilmember Teitzel 0 1 Item Description Duration Approval Status One -Time Pending Edmonds Code Rewrite Project: $300,000 to underwrite the cost of contracted, expert help to accomplish the code rewrite. h lafifirnfl^n This $300,000 of ARPA funding designated to DP15 patrol vehicles should be redirected to a new account entitled Edmonds Code Rewrite Project, and will be utilized to underwrite the cost of contracted expert help to accelerate the very significant amount of work required to accomplish the code rewrite. The code rewrite has been a priority for Council and the administration for over a decade, and the 2022 Council has expressed a strong desire for significant progress in 2023 toward completion of the code rewrite process. c 0 Describe All Funding Sources 3 rn ARPA funding a� Describe Future or Onqoinq Costs m c 0 N/A Q Iq Project Status (if applicable) > 0 z Pendng o FISCAL DETAILS 3 0 Expenditures U :.i c Operating Expenditures: 001.000.62.524.10.41.00 — Professional Services (Planning, Administrative) $300,000 E z Revenues: Coronavirus Relief Fund 2 Q Packet Pg. 279 Decision Package Budget Report City of Edmonds 9.6.a Decision Package: Date Budget Year Group Version Priority 10/31/22 2023 Councilmember Teitzel 0 1 Item Description IT support for Planning Board hybrid meetings Justification Duration One -Time Full year 2023 At the 10/26/22 regular Planning Board meeting, the Board unanimously approved the following motion: Approval Status Pending "The Edmonds Planning Board wishes to return to in -person meetings in a hybrid format, one that permits remote participation by members and the public. The Board respectfully requests City Council to budget for the resources that would support such meetings." The Planning Board wishes to resume in person meetings and believes it can more effectively interact in that manner. However, it recognizes the value of allowing Board members and the public to join remotely when they are unable to attend Planning Board meetings in person. A hybrid meeting format will permit the Planning board to a do a better job and perform at a higher level in serving the city and the public. To provide support for hybrid Planning Board meetings, a contract IT employee will be needed to attend each Board meeting and ensure the audio/visual system is operating properly for the duration of each meeting. Describe All Fundina Sources Funding will be provided by the General Fund Z Describe Future or Ongoing Costs c 3 Assuming the Planning Board meets twice per month (24 times per year at approximately 3 hours per meeting), the total o estimated annual cost of providing contracted IT support for hybrid Planning Board meetings is $14,000. v c d E Project Status (if applicable) t U 2 FISCAL DETAILS Expenditures Operating Expenditures - 001.000.62.558.60.41.00 (Professional Services, Cost Center: Development Services, Planning Division) - $14,000 Q Packet Pg. 280 Decision Package Budget Report Regarding DP15 City of Edmonds Decision Package: 410-23004 draft 1 Date Budget Year Group Version Priority Duration Approval Status 11/2/22 2023 Councilmember 0 1 One Time Pending Teitzel Item Description From DP15: "The issue of insufficient police patrol vehicle availability was discussed by Chief Bennett with the mayor, and approval was given to seek Council authority to purchase nine new hybrid Ford Explorers in 2023." Justification This request should be partially approved, with the number of new patrol vehicles reduced from the requested nine vehicles to five vehicles. The approximate cost of a 2023 Ford Explorer hybrid is approximately $75,000. These vehicles are proposed to be funded by ARPA federal funding. With the reduction in this request of four vehicles, a total reduction in this funding request is $300,000. This $300,000 of ARPA funding should be redirected to a new account entitled Edmonds Code Rewrite Project, and details are provided in a new decision package. Describe All Fundina Sources ARPA funding Describe Future or Ongoing Costs N/A Proiect Status (if applicable) Pendng FISCAL DETAILS Expenditures Reduce Operating/Capital Expenditures for DP15 by $300,000 / Eliminate need for $300,000 Revenue from Coronavirus Relief Fund. Packet Pg. 281 Decision Package Budget Report City of Edmonds Regarding DP 23 Decision Package: 640-23007 Date Budget Year Group Version Priority Duration 11/2/22 2023 CM Teitzel 0 4 One time Item Description Approval Status Pending This decision package requests funding to conduct an Existing Conditions Analysis for the north half of Yost Park to better understand the environmental conditions and existing trail system to develop an action plan around how to address ensuring healthy ecosystem and a good trail/bridge system for pedestrian access. This is a worthy objective. However, there is an urgent need to first assess erosion and sedimentation issues caused by Shell Creek in the park (exacerbated by stormwater surges entering the creek within Yost Park), which is undercutting the south bank of the park and the stream has been forced out of its natural stream bed by the presence of the old Edmonds Water Supply System concrete weirs in the stream. A near term plan for restoration of the stream back to its original course should be undertaken before the city contracts for an Existing Conditions Analysis. Justification and a planning meeting should be called by the Parks Department in the near term with key stakeholders, including the tribes, Washington Department of Fish and Wildlife, Parks Department, local citizen scientists, Public Works, members of City Council and others to map out a restoration plan for Shell Creek within Yost Park. It is entirely possible this forum can map out an action plan for emergency restoration of Shell Creek to its original stream bed without hiring a consultant. Once the action plan has been implemented and the Shell Creek has been returned to its natural stream bed, the need for an Existing Conditions Analysis can be revisited. Describe All Funding Sources This amendment removes expenditure of $220,000 from the Coronavirus Relief Fund. Describe Future or Onaoina Costs Proiect Status (if aaalicable) Pendng FISCAL DETAILS Expenditures N/A Packet Pg. 282 Decision Package Budget Report Regardin City of Edmonds Decision Package: 670-23003 Date Budget Year Group Version Priority Duration Approval Status 10/31/22 2023 Councilmember Teitzel 0 1 One -Time Pending Item Description This decision package requests funding for a new Capital Projects Manager as well as an additional vehicle for use by this employee Justification This Decision Packaae should be amended to remove the reauest for an additional vehicle for this emDlovee. No justification was provided about the need for this vehicle in the narrative of this request. There are city -owned pool vehicles for individual use by directors and other city employees, and it is reasonable for one of those vehicles to be repurposed for use by this employee if needed. Also, in the past, retired police patrol vehicles were assigned to School Resource Officers for use in their duties. Another option is to assign a retired patrol vehicle to this employee. Describe All Fundinq Sources This amendment removes expenditure of $30,000 from the Equipment B fund. Describe Future or Onaoina Costs N/A Proiect Status (if annlicable) Pendng FISCAL DETAILS Expenditures This amendment removes expenditure of $30,000 from 511.100.77.594.48.64.000: Equipment B Fund. Packet Pg. 283 Decision Package Budget Report City of Edmonds Regarding DP # Date Budget Year 10/31/22 2023 Item Description Decision Package: 720-23002 Group Version Priority CM Teitzel 0 1 Duration Approval Status Ongoing Pending DP 32's request is for an increase of 5% in Edmonds city utility rates; this request should not be approved. Justification We are entering a period of high inflation, and an increase of 5% in the already significant Edmonds utility rates will represent another cost burden on our citizens at a time when many are facing financial hardships. This request was not supported by a current rate study, but the narrative supposes a significant rate increase will be needed in 2024 when a rate study is conducted. This is insufficient justification for a rate increase in 2023. This request should be denied for 2023, and the request can be revisited in 2024. Describe All Fundinq Sources N/A Describe Future or Ongoing Costs N/A Project Status (if applicable) Pendng FISCAL DETAILS Expenditures N/A Q Packet Pg. 284 Decision Package Budget Report New Item City of Edmonds Decision Package: new item Date Budget Year Group Version Priority Duration Approval Status 11/2/22 2023 CM Teitzel 0 1 One time Pending Item Description This decision package requests an increase of 25% in Edmonds parking permit fees (residential, employee and visitor). These fees have not been increased since 2005, while the CPI for the Seattle/Tacoma/Bellevue MSA between August 2019 and August 2022 alone has tripled. This proposal would increase the downtown employee parking permit fee from $50/year to $62.50/year, and would increase the residential parking permit fee from 25/year to $31.25/year. This increase would generate additional revenue of approximately $12,000 annually. Justification Downtown parking remains in high demand, and the demand will soon increase as new amenities such as the renovated Civic Field and Main Street Commons come on line in 2023. At the same time, the demand for available parking spaces for the disabled has increased, but the supply of such designated parking spaces has remained unchanged. This proposal would increase the economic incentive for parking permit holders to seek free parking beyond the designated permit zones in downtown Edmonds, thus freeing additional parking for visitors and additional space for designated disabled parking. All revenue associated with this proposal should be earmarked for signage and marking for additional disabled parking in the downtown Edmonds area. Describe All Funding Sources N/A Describe Future or Ongoing Costs N/A Project Status (if applicable) Pendng FISCAL DETAILS These additional revenues should be directed to Fund 121 (parking permit fees) Expenditures N/A 9.6.a Packet Pg. 285 Amendments from Diane Buckshnis due 11/7/22 and not complete Good Morning Dave, This formatting is weird and I don't know how to fix it. I can only say that this first DP is out of order as Beckie outlined and formatted it for me and I decided to delete most of the formats as I did not have time to document per this formatting style. This is a DRAFT as we all know we haven't heard from all departments, or public and ARPA and CIPCFP discussions are still outstanding. I have only noted a few of the carry forwards that were obvious to me, but we need to look at those budget authority and carryforward items that are found left over in our project list and yes, I know you are understaffed and I know this is probably on your to do list, but it does help Council have a better understanding of the project totals. apologize for any formatting issues, (spacing, or not bolding, etc) and I have tried to catch all my typos or grammar issues, but just no time in my busy schedule — so sorry. I will be passing this along to those town hall folks that showed a lot of interest in how I analyzed the budget. Lastly and in honor of Kristiana, there was a reason why she was always one of the last CMs to bring forth her amendments and was criticized by certain CMs during her tenure on Council — but she truly was working smartly and she waited to hear everything from the administration and public first before making her thoughtful amendments. I missed talking to her this year. Happy Football Sunday, November 6, 2022 Diane 1) Item Description DP # 72 10% design cost at $282,744 with total estimate for two sidewalks for estimated cost to be $5.4MM The DP72 request is to fund the remaining scope of work for two "Green Street" projects at Dayton St between SR 104 and 2nd Ave. S and 236th St. SW between 84th Ave. W and Highway 99. Total amount of funding these two segments of streets is $5.4MM Amendment: Remove ALL funding for Green Street project found in this decision packet, ARPA funding and CIPCFP budgetary document. Hire a watershed, engineer, grant writer, project manager to deal with all the Federal funding found in the Infrastructure Bill and Inflation Bill. Recommend putting existing designs on hold indefinitely. As I stated in March when I proposed this amendment for the 2021 Budget Amendments to remove the $400K in 2022, that as a Legislator, the Administration has provided no definitions, no code, no design standards and nothing to allow our citizens to know the costs of these modified rain garden concepts, etc Justification "Green Streets" is a land use designation, and at this time, there is no reference to Green Streets in our Comprehensive Plan, our code or any City documents other than discussion from the ARPA funding and that Green Streets was allowable and we put it in our CIP with $400K in 2022 and $600K in 2023. Without code, design standards, policy — this is merely writing a blank check of the taxpayer's money. The Federal Infrastructure Bill and Inflation Bill both have components that provide a gateway to grant funding, but the City must first define, craft code, etc. so that Grant applications can be obtained. 1) Amendment under #DP 20 -1 will be proposing a watershed engineer to assist in the myriad of grant opportunities under these two infrastructure bills. 1 Packet Pg. 286 Amendments from Diane Buckshnis due 11/7/22 and not complete NOTE: Greyed out text items have been submitted to Dir Turley separately as Questions / Clarifications/ Documentation Requests 2) Page 15 "Strategic Outlook — City of Edmonds — General Fund Balance" Amendment is to require a footnote on this page - Justification The new "Fund Balance Policy Analysis" section includes the anticipated under- reserved budget estimate. Since last year was the first year the Administration began utilizing the General Fund Reserves and there were many questions, the Administration added this new section. With further inspections of the calculations, it appears that the reserves includes the anticipated under -expenditures for the budget. The Fund Balance is silent regarding the inclusion of this budget excess. City Council's have the ability to set many different policies for use of those funds and that should be a separate policy decision. As such, any under -reserve estimates should not be included in these calculations as that number can fluctuate tremendously depending upon any number of budgetary issues such as staffing, unfinished projects, layoffs, etc. Amendment: Footnote 1: The Fund Balance Policy Analysis includes the anticipated budget under - expenditure and this will not be included next year which will have an impact this strategic outlook new year. 3) Page 18 — 2023 Budget Summary All Funds Amendment is to require footnote of funds from ARPA and Goeffe -Justification This is the summary page of the two previous pages and there is a large swings in revenue for General Fund and gift catalog which some may view as hitting the lottery and while the Goeffe is a fairly long term sustainable source, ARPA is not. Or like the bonds will be diminishing as we find projects. Amendment: Footnote the major revenue sources to help explain the large changes in these funds. 4) Page 28 — Employee Head Count by Department Confusion occurred in two town halls as to current staffing and employee count by department title or is this head count the total approved. Amendment: Clarify this title to indicate approved. 5) Page 39 City Council — Increase Professional Services for Code Rewrite and update Task forces utilizing the legislative branch, administrative branch, consultants and/or citizens have been very successful. After 12 years on council and seeing yet another year of code delays in code rewriting, updating and crafting, I am recommending a task force to hire a code writing consulting firm to work with a team to have a concentrated effort of completing the code. The use of an external firm will be helpful to the understaffing issues found in the Planning and Development Department. The Stormwater code will be handled separately as will the Tree Code. Amendment: $200K for Professional Services with funds coming from under -expenditure budget 6) Page 39 City Council —Increase Professional Services for $100K for Forensic Audit of Budgetary Process leading up to the budget approval on 11/17/21. This amendment is for a Forensic Auditor to review the potential OPMA issues, timing of decisions and the potential Civil Liberties violations that might have taken place during the budgetary process leading up to the budget approval on November 17, 2021. Issues relating to proper noticing of the adjournment meeting, the limitation of the public during the public hearing even though new material information (minutes from previous budgetary meetings) had just been received, the timing of the announcement made after audience comments, etc. Amendment: $100K for Professional Services with funds coming from under -expenditure budget, 2 Packet Pg. 287 Amendments from Diane Buckshnis due 11/7/22 and not complete 7) Page 63 Non -Departmental — Funding for ECA operating ECA funding for operating. I don't know why this is called a contingency reserve as the Senior Center is not identified as a contingency reserve. Funding for the ECA is the non-profit arm of the PFD and has been a stable source of income for the past few years. Amendment: Add $50K for ECA Operating with funds from under -expenditure budget (3) Page 85 K-9 Unit These numbers are all over the place between the 2022 budget, estimates and then the 2023 budget and with no decision packets, only issue is explaining the $92K decrease in salaries between 22 and 23? 9) DP # 16 and Page 97 — 98 Community Services and Economic Development The Neighborhood City Hall numbers do not seem to agree with the DP 16 and it appears that the DP doesn't include salaries and why not? The DP states it is added cost for this office and why are salaries not included or is the City not committing to a FTE or operating truly as a satellite office. How can Council and by extension the public understand the True Cost of this office? Just like IT and inter -department charges, would their be a metrics and cost analysis for the Uptown Court and use by other departments? If this is truly a satellite office, it should be treated as a separate cost center. Amendment: Establish the Neighborhood City Hall as a separate cost center. Establish policy and procedures for operating procedures, office hours, inter -office usage, etc. 10) DP #18 and #19 and Page 109 — Community Services and Economic Development budget For years, the City Council and Administration have known that rentals of homes have been allowed on a temporary and long-term basis in residential neighborhoods. Last year, Portland Oregon required landlords to report their activity of their properties for monitoring and to track the short term market sector that SHOULD be paying lodging taxes to our City. This issue was brought up in 2016 by Dan Robles of the Planning Board and nothing came about at that time as there were not many short-term renters as that time. It's time to have this potential source of revenue reviewed. Amendment: Establish policy regarding short-term rentals as a potential added source of revenue to be delegated to the Lodging Tax Advisory Committee. 11) DP #21 and Page 115 Development Services — Total Department Professional Budget increase by $446K and page 117 professional services I can reconcile most of this large increase because of the DP #21 relative to the Comprehensive Plan and the need for Council to get a breakdown of funds spent to all consultants and if contracts over $100K to any one consultant was not reviewed by Council. While Page 117 does not have any decision packages, it has bizarre financial trends for the Professional Services. How can this Department have actuals of $191 K in 2021 to increase to $414K or double the amount needed? Amendment: If reasoning cannot be given for this significant increase —reduce professional services to $200K and move remainder to funding for the task force for code rewrite. 12) DP #21 and Page 121 Development Services Planning Division and offsetting DP 21 $350K in question How much money is being spent on this Comp Plan update as the description of funds says $425? The professional services line is $50K more than the estimated $300K found in DP 21? lam confused about the entire cost of this comp plan update and why this did not come forth to Council like most contracts over $100K. It 3 Packet Pg. 288 Amendments from Diane Buckshnis due 11/7/22 and not complete would be beneficial to explain DP 21 more as didn't the money spent in 2021 come from grants as well? I would think that an additional $425K in 2023 is excessive without any information. Additionally, citizens have sent emails relating to a select group of community leaders being given cash cards for completing their survey. This could also be viewed as a method of having the community leader sway their opinion towards the Administration and could be construed as biased. Amendment: Cut budget in half if contract spending is not provided as not enough information to determine how much was spent in 2022 and that of 2023 on this Comprehensive Plan update (recent update was 2020). Amendment: Review Gift of Public Funds code and determine if the City by means of the Consultant violated this ordinance and gave gift cards to the "hand -chosen" community individuals. 13) Page 124 - Human Services $200K Professional Services. There is no decision package for this and it appears that it is a status quo budget. A significant increase of $200K is found in Professional services. This may be the $200 carry forward from last year that was set aside to assisting in the purchase of a facility which now Snohomish County used ARPA funds for. Amendment: Remove $200K and put it back in to the under -expenditure budget or offset with one of the Council amendments. 14) DP #23 Existing Conditions assessment to review Yost Park upper watershed $220K Create a task force consisting of citizen scientist, citizen historians, administrative engineer and council member to review and determine exactly what an external consultant is being recommended for? Is the City going to utilize this report to gain grant funding and if so, can the task force include this consultant so that we can streamline this process and cut costs. The Urban Forest Management Plan where the consultants gave us not Edmonds specific data in terms of pests, native plants, etc, so local citizens scientist assisted in the completion. This concept could be utilized where the consultants have readily available historical data for their reports. Amendment: Change this funding to $100K and include a task force of scientist, CMs, historical preservation person, administration and consultants. 15) DP #24 Salmon Safe Certification Implementation for $75K This newly formed conceptual certification has never been sanctioned as acceptable by WRIA 8 or any other grant funding. I was under the impression that the City Council stated they would like to take a pause on this certification process since the unintended consequences would result in the City resting on this certification and not fixing the areas that could be fixed or gaps internally without the use of consultants. The Intergrated Pest Management plan could easily be a project of parks and recreation and citizen scientist. The Urban Forest Management Program had it's pest update provided by Dr. Frank Caruso who at that time was a member of the Tree Board. Amendment: Remove this amendment and re-engage consultant firm once the Administration has created more policy and plans for the Council to review. Place in 2024 Budget Process or after a more structured program is provided to Council this DP can be re-established in 2023 once a plan is in place. 16) DP #26 New Park Maintenance Services roughly $1 MM with funding from Trust money I am unclear as to what is funded by GF and what is funded by Goffette donation? Also, do we have the job descriptions for the new FTE? What is the reasons for the onetime civic maintenance? There are just too many questions regarding the on -going and the one-time. Amendment: Remove this amendment until further information and designation of funds is obtained and more understanding of the need for these new FTEs and by extension the cars, and supplies. 4 Packet Pg. 289 Amendments from Diane Buckshnis due 11/7/22 and not complete 17) DP #28 — Updates to Parks Beautification Program (Gift Catalog fund 127 and Goffette estate donation) - $304K Please review comments under DP 26 as it looks like the salary and wages are included in this DP — but clarity needs to occur and we need to ensure that our attorney has reviewed the agreement laid out in the will. Amendment: Please provide an attorney review and how funds can be managed and monitored. A policy for how the City is treating this wonderful donation in terms of monitoring and compliances should be written. Maybe the policy already exists? Is all the beautification program for all areas of the City? Could we do flower baskets in all sub -areas of the City? 18) DP #31 New Position Capital Projects Manager $190K This job description should be reanalyzed to be for a "grant funding project manager" that would also be able to manage capital projects in all areas of the City. We need a watershed engineering specialists that is familiar with grant writing at the federal level to take advantage of all these very large projects that could quality for the Infrastructure or Inflationary Bills. Projects could include Perrinville Creek Watershed, Shell Creek Watershed, Hwy 99 safety components such as overpass funding, Culvert Replacement funds, Mathay Ballinger Infilltration Park, Creosol Pier removal at Haines Wharf Park, redesigning an alternative "pathway for the "missing link" that would be an environmental disaster or expensive mitigation project merely for a stretch of the walkway. Innovative walkway designs to move the already ADA sidewalks on the east side of the Ebb Tide and EWC could easily create the "pokeman game effect" that brought thousands to the waterfront center's parking lot with individuals walking on the already established sidewalks. Amendment: Remove this DP and review the job description and reassess the need for this "project manager" to have in its job description to include watershed analysis, stormwater, and engineering grant funding skills. 19) DP # 32 Utility Rate Increases — 5 percent utility rate increases The ordinance governing rate increases sunsets this year and the Council was unable to work with the administration in summer to scrub the CFP and look at the projects and costs in current year and two years out as utility rate calculations are predicated on this planning document. With the recession looming and without a report to identity the "pay as you go" concept initiated years back, it seem prudent for Council to await the new report as some items in Stormwater such as the Edmonds Marsh (which had no grant offsets) was part of that utility rate analyses. Additionally, the calculations of water billing has been contested by citizens and should be reviewed more carefully during this next review. Amendment: Delete this amendment and review current ordinance to ensure we can extend with no percentage increase for 2023. 20) DP #34, #35 #36 #37 #38 all are past projects and carryforwards are not identified. Infrastructure replacement is also just as important as planning and development as without the updated infrastructure in place, problems and constant reactive funding occurs after the emergency occurs from overdevelopment. Amendment: Include carryforward on complete data on locations as water rates could potential be affected by a duplication of years on funding. 5 Packet Pg. 290 Amendments from Diane Buckshnis due 11/7/22 and not complete 21) DP #39 and #43 and #44 — Lower Perrinville Creek Restoration Project $750, Perrinville Creek Basin Analysis for $150K and Perrinville Creek Flow Management Projects $120 — also on CIPCFP Council needs to get a handle on this entire watershed as plenty of State and Federal funding available if viewed in its entirety and includes various groups such as Tribes, WDFW, landowners, Lynnwood, WRIA 8. There are other carryforwards from last year on this that needs to be answered from the administration: While this is ARPA funding, new federal funds are available which WOULD free up ARPA money for the "human aspect of this federal bill. Where is the data to support the cost estimate of $5.5MM Amendment: Recommend this project be brought forth for full Council review and if necessary, create a task force as the City could take advantage of State and Federal Funding available. Not sufficient enough information for the $3.5MM blind ARPA funds and then use of stormwater utility rate funds. Also Carryforwards from 2022 need to be included or reconciled #53 #550K, #60 $122K. 22) DP #40 Seaview Infiltration Facility Phase 2 $10K Once again, this is a Perrinville Creek problem with scouring and watershed issues. The entire Perrinville Watershed issues should be provided to Council as once again, this is a watershed issue that is affected by the continued reduction of pocket forest with large homes being built without new stormwater codes. Amendment: Determine if carryforward on DP#59 from 2022 budget needs to be included at $556,237 or it that project was finished since this ask is so low. Amendment: Complete Restoration Plan should be presented to Council and the effects of development in that sensitive watershed. Amendment: I know this is not infiltration but I caught this in 2022 budget — but I view these two as being very complimentary — but please provide Council with the assessment from the $505K DP #47 which was indicated to be both Yost and Seaview "Reservoir" assessment and I don't think Council was giving this information. 23) All WWTP issues: DP# 54 WWTP project clarifier $350K DP #55 Vacuum replacement $187K on going and #DP 58 Nuvoda Process for compliance to WDOE for new nutrient requirements $452K and DP #57 Failed joints due to the install $90K and DP #58 offset on operating budget of $30K (our share). Last year DP #67 was for Carbon Recovery Project as one time $1,753,156 was this spent? Council needs an entire review of the issues relevant to the new sewer project and the cost associated with the build, clarifiers and timing to fully operate along with compliance to the new Ecology permitting standards. Amendment: Total review of project and funding before approval and ensure that all stakeholders are on board. Determine if the one time $1,753,156 carry over was spent. 24) DP #59 Vehicle Replacement $633K It's confusing as to what Patrol means and is this Police Patrol cars? There is already a DP for policy. amendment: Provide complete schedule of car replacements of 2022 and 2023 and criteria used and funding sources either ARPA or 511-B fund. 25) DP #62 Transportation Plan Update $170K With all the new traffic challenges brought forth with the Hwy 99 expansion along with all the growth expected in our downtown with the increase in the BD2 zoning changes, it seem we need to include this with environmental issues that might be affected regarding noise and air pollution and pedestrian safety, Additionally, some Council Members do not believe that this City qualifies as a being designated as a High Transit City which could have 6 Packet Pg. 291 Amendments from Diane Buckshnis due 11/7/22 and not complete detrimental impacts on the density in our downtown area and what about how can we provide a transportation plan that can address pedestrian safety like overpasses and sidewalks. Plenty of State and Federal funding available if he scope is properly defined. Amendment: Remove Amendment and bring it back to Council though the Committee Process so that environmental considerations and issue of the HTC designation can be considered. 26) DP #63 76th Ave and 2201h St SW Improvements ror tonal cost of $8.7mm with oruzm in gran: funding This seems expensive and I have yet to trace it to the other budgetary documents and it doesn't indicated how much will be the right -away acquisition etc. Need update on this project and was there any carryforwards from last year? 27) DP #64 — Pavement Overlays $1.5MM from GF and REET It would be helpful to reference what part of the TIP this is focused on and does this include Sidewalks too? Can any of this qualify for Federal funding? Any carryforward? 28) DP #65 — 7611 Overlay different section total cost only $15K for a total $2.7MM It would be nice to have the offsetting budgetary item indexed and was there any carryforwards on this project? Also, the request in contracted services is only of $15K so it would be nice to have a reference so we can look at the entire project (yes, I know you are short staffed too). 29) DP #66 and #67 and #68 — Stage 2 Hwy 99 Revitalization total cost $2.6MM and Stage 3 at $1.18 and Stage 4 and this recognized FEDERAL grants obtained Since the City has received two awards for this Master Plan, I think there are Federal funds available if we have staffing time to make it so (see my suggestion to #20). Also, will all these funds be spent in 2023 as it says now four months later after this DP was put in (i.e. since then labor shortages, cement supply and demand, etc). and should we reduce it and stratify over two years. Again, I know there is a CIPCFP offset to give the entire picture and I'm sorry. Does this revitalization section include perhaps a pedestrian overpass? Hurray for the State Grants and Federal Grants obtained to date! 30) DP #71 Citywide Bicycle Improvement funded by Sound Transit of $1.85 and REET money with total cost $2.2MM and DP #75 Pedestrian Safety for $19.5K and DP #76 Calming Program for $15K We need more money dedicated to sidewalks and it seems that this grant does not allow for it? Can't we hire a sidewalk crew or what is the status about this as I know KJ and NT have looked into this for years? Can't we look at all three of these and determine how we can achieve more sidewalks and have more traffic calming to deal with speeding. Some of these items may be updated as with the PPW presentatioin there was that asterick for #75 $80K and #76 $33K — But it that enough? 31) DP #78 Elm Walkway total costs at $1,025M There was a carry forward of this for $349.9K or DP 93 in 2022. Now the updated looks like more expensive and expanded (per presentation). Amendment: Remove budget authority and funding in the amount of $349.9 K representing an unfunded carryforward. Brief Council on why the increase is now up to a million? 7 Packet Pg. 292 Amendments from Diane Buckshnis due 11/7/22 and not complete 32) DP # 80 Mathay Ballinger Park Improvements $499.3K City Council should be briefed on the status of this project in combination with the Infiltration design. Can we obtain any Federal Funding or State? Good to see it is a job order contract. 33) DP #82 Johnson Property Demolition and CIP R2 This is a volunteering task force for recognition of two pioneer women in Edmonds. Kristiana Johnson and her friend Shirley Johnson that used to live down the hill from Kristi. We have collected funds from Citizens in Memory of Kristiana Johnson and many did not know that Kristiana was the link between Shirley and the donation of that large parcel for open space, community gardens and whatever. The first community garden was created by volunteers headed up by the Edmonds Floretum Garden Club. It would be optimal to have this same concept utilized for the City to help in developing this area since the current DP just discusses demolition. Since Shirley and Kristiana were childhood friends, it would be nice to have some sort of memorial recognizing both of them (i.e. gazebo, benches, statues, etc). Task force should be created and a 1 % art mitigation be dedicated to this Johnson Community Garden and master plan this property with volunteers. Amendment: Create task force consisting of administration and a council member and council legislative assistant to manage task force and dedicate 1 % arts impact fee to this park; tasks include naming the park, simple volunteer design of community gardens and developing volunteering efforts to shape this park with minimal funds to be spent on outside consultants. 34) DP not found in Budget but part of P&W presentation regarding Marsh Water Quality Issues $384K? The carryforward for this Marsh Water Quality Improvements #DP 55 for $190K does not appear to be used Amendment: Remove budget authority and funding for carryover DP #55 from 2022. BUCKSHNIS CFP AMENDMENTS — for two carry -forwards. These two projects do not comply to the bond funding directives. [These CIP/CFP Amendment Submissions have been copied and submitted separately for CIP/CFP discussion.] 1) Carryovers 2022 found CFP to be voted to remove budget authority and any funding designation The following 2 items were part of the Bond Funding and when further reviewed in Finance Committee this year, bonds were specified for aging infrastructure. These two items are still outstanding and this amendment will remove those items from the bond funding source. 2022 DP #71 for $260 is for a NEW infrastructure project known as a Citywide Electric Vehicle Charging Network. DP #72 for $230K is a NEW infrastructure Solar Plan Renewal and Grant Application. Both of these NEW infrastructure projects violate the bonding purpose and therefore should be removed and put forth as utility infrastructure CFP and budget request. Amendment: Remove budgetary authority and fund designation for these two carry forwards. Funds have not been taken from bonding yet or so it seems? Need clarification. BUCKSHNIS CIP AMENDMENTS BUT CIP items to discuss and recommended amendments — not complete as NO public hearing. 1) CIP Missing Link— P3 and D14 $1.4MM Kudos for the City in obtaining that right away and the COST to get to this point is over. As an environmentalist, I have been against this project for over 10 years, but the simple majority and momentum of the win always made me a minority. The intrusion of this project will be costly and if out in the water, extremely destructive to the 8 Packet Pg. 293 Amendments from Diane Buckshnis due 11/7122 and not complete environment and the alternative of condemning private property to create the walkway by the bulkhead will be expensive and unnecessary since their already is already an alternative pathway on the west side. Amendment: Remove from CIP and any funds returned to fund balance. Alternative routes would be less costly and more artistic! 2) Marsh Estuary Restoration Al P4, D9, and D1 This project should be a TBD as the City should not rely on as the Shannon Wilson team for design 6 to be a sanctioned design as it was under a Stormwater mitigation for the Connector Project. Therefore the process has not gone through the normal RFP process when we finally obtain the UNOCAL property There is no watershed restoration or holistic perspective master plan in place except for the Marina Beach portion of the system. Additionally, there is not discussion regarding the use of consultants such as Forterra that could purchase the UNOCAL property and assist the Administration in grant writing and watershed management. Again, there is plenty of funds available at the State and Federal Level to support the millions of dollars in grants available. I can easily provide the example of the Wayne's Golf Course State funding whereas that group was able to obtain over $14AMM in grants to pay for that property. Amendment: Remove any funds and indicated TBD and provide more description regarding alternatives 3) CIP - Add ILA between Mountlake Terrace and Edmonds for the Lake Ballinger Golf Course The development of this Park has been reviewed twice in the Lake Ballinger Forum and MLT is at a critical juncture for designing the "passive park" aspect which is designated by Edmonds. The Administration has already agreed to this amendment. Amendment: Add $200K for ILA work with MILT. 4) CIP — Add ILA between Snohomish County for regional parks of Esperance and Meadowdale Beach Parks Both of these parks are frequented by Edmonds individuals and Edmonds was part of the permitting process and the Meadowdale Beach Park near -shore estuary restoration. We should help our neighboring cities with expenses that might be incurred by our park uses and create a regional park model. Amendment: Work with Snohomish County for ILAs for Esperance and Meadowdale Beach Parks. 5) CIP P8 D 19 —Move 4t' Avenue Corridor to Community Services and Economic Development With the Creative District Designation and the Arts and Cultural area being moved over to Community Services and Economic Development, it seems logical to create a new CIP number designation for Community Services and Economic Development as this capital project is a key factor for the Creative District. Amendment: Create new CIP for Community Services and Economic Development. NO cost allocated Lost amendment and even though rate study is next year, this amount would be added. amendment: Remove 2025 estimated cost to be TBD as this amount affects utility rates and no justification. 9 Packet Pg. 294 Decision Package Budget Report City of Edmonds Regarding DP-59 Decision Package: 770-23001 Date Budget Year Group Version Priority Duration 11/3/22 2023 CM Teitzel 0 1 One time Item Description Approval Status Pending Decision Package 59 requests Council approval to purchase nine new vehicles totaling $633,000 in 2023, including two 2023 Ford Explorer Hybrid police vehicles to replace two 2017 Ford Explore patrol vehicles (units 437-POL and 438-POL) due to fleet managements recommendation for replacement due to age and mileage. However, the 2023 budget request contains other requests (DP 15) for purchase of a substantial number of new vehicles, which strains an already aggressive budget. This amendment proposes to allow the two 2017 patrol units to remain in service for the duration of 2023, with reconsideration for replacement in 2024, which will reduce the 2023 budget request in DP-59 by $150,000 (approximately $75,000 per vehicle). Justifinafinn Continued use of the two 2017 patrol vehicles will address the Edmonds Police Department expressed need for up to nine new patrol vehicles in 2023. By extending the service lives of these two patrol vehicles through 2023, the need to purchase two patrol vehicles in 2023 is reduced. Describe All Funding Sources This proposal reduces the 2023 Equipment B fund expenditure request by $150,000. Describe Future or Ongoing Costs N/A Protect Status (if applicable) Pendng FISCAL DETAILS Reduction of $150,000 in 2023 capital expenditure in 511.100.77.594.48.64.00 Equipment B fund Expenditures N/A Packet Pg. 295 Decision Package Budget Report City of Edmonds Regarding DP # Decision Package: Str-23015 draft 1 Date Budget Year Group Version Priority 10/31/22 2023 Councilmember Teitzel 0 1 Item Description Duration Approval Status One time Pending Decision Package #72 request is to fund the remaining scope of work for two "green streets" projects at Dayton St between SR 104 and 2nd Ave. S and 236th St. SW between 84th Ave. W and Highway 99. This amendment would remove the Dayton Street component of the scope of work (($78,027 for Design according to PWT-65 of the draft CIP/CFP) and redirect these funds to developing sidewalks in the Ballinger Bowl area east of Highway 99 (proposed in a new Decision Package) Justification Green Street principles provide good direction for how the effects of development and redevelopment can be mitigated to a degree to reduce "heat island" effects and provide greater stormwater infiltration. This scope of work is being funded by Coronavirus Relief Funds. r- This amendment removes the Dayton Street component of the scope of work and requests the scope be redirected to 0 focus on the "Ballinger Bowl" area east of Highway 99 in concert with the heightened focus on prioritizing new sidewalk construction in that area. Describe All Funding Sources r a� aM Coronavirus Relief Funds m Describe Future or On Costs 0 U N/A proposed $78,027 for Dayton Green Streets project design 2023 Budget, $1,600,000 for Dayton Green Streets 00 construction (draft CIP/CFP PWT-65 in 2025) > Project Status (if applicable) Pendng FISCAL DETAILS Expenditures N/A Packet Pg. 296 Decision Package Budget Report City of Edmonds Regarding DP #72/ Decision Package: Str-23015 draft 1 Date Budget Year Group Version Priority 10/31/22 2023 Councilmember Teitzel 0 1 Item Description Duration Approval Status One time Pending Apply $78,027 toward prioritizing new sidewalk construction in the "Ballinger Bowl' area east of Hwy 99. Decision Package #72 request is to fund the remaining scope of work for two "green streets" projects at Dayton St between SR 104 and 2nd Ave. S and 236th St. SW between 84th Ave. W and Highway 99. A DP amendment submitted would remove the Dayton Street component of the scope of work (($78,027 for Design according to PWT-65 of the draft CIP/CFP) and redirect these funds to developing sidewalks in the Ballinger Bowl area east of Highway 99. Justification This amendment removes the Dayton Street component of the scope of work and requests the scope be redirected to r- focus on the "Ballinger Bowl" area east of Highway 99 in concert with the heightened focus on prioritizing new sidewalk ° construction in that area. Describe All Funding Sources r Coronavirus Relief Funds a� m Describe Future or Ongoinq Costs 0 c 0 U N/A proposed $78,027 for Dayton Green Streets project design 2023 Budget, $1,600,000 for Dayton Green Streets M construction (draft CIP/CFP PWT-65 in 2025) 41 0 Project Status (if applicable) y a 0 Pending c FISCAL DETAILS U .r Expenditures N/A E Q Packet Pg. 297 Decision Package Budget Report City of Edmonds Regarding DP-78/NEW Decision Package: Str-23008 Date Budget Year Group Version Priority Duration 11/3/22 2023 CM Teitzel 0 1 One time Approval Status Pending Item Description Fund $766, 684 to add missing sidewalks in the Ballinger Bowl area of Edmonds, which have been underfunded for decades. Justification Especially as redevelopment progresses along the Highway 99 corridor, which will drive a significant increase in foot traffic, there is a clear need for more pedestrian safety projects between Highway 99 and Lake Ballinger. In particular, there is no sidewalk between the intersection of 238t"/Highway 99 and 76t" Avenue within the Ballinger Bowl. Since this is a popular walking route on the east side of Highway 99 for residents to and from Lake Ballinger, to Safeway and other amenities at that intersection and is also a designated walking route to Madrona School, funding should be prioritized in 2023 to address this unfunded need. Describe All Funding Sources This proposal has no net effect on the 2023 budget and simply transfers funding from the Elm Street project in Decision Package 78 to support sidewalk installations in the Ballinger Bowl. Describe Future or Ongoing Costs N/A Project Status (if applicable) Pendng FISCAL DETAILS N/A (see above) Expenditures N/A Packet Pg. 298 Decision Package Budget Report City of Edmonds Regarding DP-78 Decision Package: Str-23008 Date Budget Year Group Version Priority Duration 11/3/22 2023 CM Teitzel 0 1 One time Item Description Approval Status Pending This decision package requests 2023 funding of net $766,684 to install approximately 700 feet of new sidewalk, curbs and curb ramps on Elm Way between 8th Avenue South and 9th Avenue South to complete a missing link in the sidewalk system in the Edmonds Bowl. This item should be deleted for 2023, and the funding transferred to projects to add missing sidewalks in the Ballinger Bowl area of Edmonds, which have been underfunded for decades. Justification Especially as redevelopment progresses along the Highway 99 corridor, which will drive a significant increase in foot traffic, there is a clear need for more pedestrian safety projects between Highway 99 and Lake Ballinger. In particular, there is no sidewalk between the intersection of 2381h/Highway 99 and 76th Avenue within the Ballinger Bowl. Since that is a popular waling route on the east side of Highway 99 to and from Lake Ballinger, is a walking route to Safeway and other amenities at that intersection and is a walking route to Madrona School, funding should be prioritized in 2023 to address this unfunded need. The completion of the missing link of 700 feet of Elm Way sidewalk should be moved in the 2023-2028 CIP/CFP to a future date, depending on budget availability. Describe All Funding Sources This proposal has no net effect on the 2023 budget and simply transfers 2023 funding from the Elm Street project in Decision Package 78 to support sidewalk installations in the Ballinger Bowl. Describe Future or Ongoing Costs N/A Protect Status (if applicable) Pendng FISCAL DETAILS N/A (see above) Expenditures N/A Packet Pg. 299 Decision Package Budget Report City of Edmonds Decision Package: Carry Over from 2022 DP#1 Date Budget Year Group Version Priority Duration Approval Status 11/4/2022 2023 CM Will Chen 0 1 Ongoing Pending Item Description This Decision Package proposes a REDI manager position as a FTE. Under the direction of the Mayor, the City's Race, Equity, Diversity and Inclusion (REDI) Program Manager provides City-wide leadership to advance the City's race, equity, diversity, and inclusion goals. The position will provide advice and consultation to City departments on equity and inclusion principles and practices; provide strategic technical guidance and policy direction of the City's diversity, equity, and inclusion efforts, help coordinate the implementation of the City's Equity roadmap and oversee the update of the roadmap as needed and facilitate the City's Organizational Equity Team. Justification Under the direction of the Mayor, the City's REDI Program Manager provides City-wide leadership to advance the City's race, equity, diversity, and inclusion goals. The position will provide advice and consultation to City departments on equity and inclusion principles and practices; provide strategic technical guidance and policy direction of the City 's diversity, or - equity, equity, and inclusion efforts, help coordinate the implementation of the City 's Equity roadmap and oversee the update of N the roadmap as needed and facilitate the City's Organizational Equity Team. 0 r Describe All Funding Sources a� General Fund m c 0 Describe Future or Ongoing Costs V All expenses have been included in this request y Project Status (if applicable) REDI Manager position was approved in 2022 budget, then amended/replaced with appropriation of $100,000.00 per year for a 3-year contract position, which was not filled. Proposing FULL time position for 2023 and going forward. FISCAL DETAILS Expenditures Operating Expenditures 001.000.21.513.10.11.00 SALARIES 111,227.00 001.000.21.513.10.23.00 BENEFITS 31,450.00 001.000.21.513.10.31.00 SUPPLIES 5,000.00 001.000.21.513.10.43.00 TRAVEL 500.00 001.000.21.513.10.49.00 MISCELLANEOUS 7,500.00 Total Operating Expenditures 155,677.00 Total Expenditures 155,677.00 Net Budget 155,677.00 Packet Pg. 300 Decision Package Budget Report City of Edmonds 9.6.d New DP Amendment Decision Package: 84t" Ave W Sidewalk Date Budget Year Group Version Priority Duration 11/4/2022 2023 CM Will Chen, Neil Tibbott 0 1 One -Time Approval Status Pending Item Description Walkway construction on 841" Ave W from 238t" St SW to 234t" St SW, exclude the section of the proposed Terrace Park apartments development area. Justification Non -motorized transportation projects to improve public safety on a busy street are needed in this location. This is an identified Public Works Project (draft CIP/CFP as PWT-32 with design in 2026 and construction in 2027). This amendment would prioritize this project implementation for design in 2023 and construction in 2024. Describe All Funding Sources APRA fund Describe Future or Ongoinq Costs N/A Project Status (if applicable) Pending approval FISCAL DETAILS Expenditures Reference PWT-32 Design $160,000 (2023 budget) Construction $680,000 (construction will start in 2024) $840,000 Q Packet Pg. 301 Decision Package Budget Report Ne City of Edmonds Decision Package: ILA Mountlake Terrace Date Budget Year Group Version Priority Duration Approval Status 11/3/2022 2023 CM Will Chen, Neil Tibbott 0 1 One -Time Pending Item Description To enter an Interlocal Agreement with the City of Mountlake Terrace for the purpose of sharing the usage of Lake Ballinger Park space with residents from City of Edmonds, including improvements to Park entrance from the Edmonds Interurban Trail and other amenities in partnership with Mountlake Terrace Lake Ballinger Park plan. Justification This Interlocal Agreement will improve access to green space and park amenities for the residents of Southeast Edmonds by partnering with Mountlake Terrace to further develop the walking trail and viewing station within the Lake Ballinger Park. Describe All Funding Sources Reallocate the 2023 Parkland acquisition budget for $200,000, which is funded by Real Estate Excise Tax (REET) tax fund 125. Describe Future or Ongoing Costs Possible future park maintenance expenses as determined by ILA. Project Status (if applicable) N/A FISCAL DETAILS Expenditures REET fund 125 $200,000 Packet Pg. 302 Decision Package Budget Report City of Edmonds 9.6.d New DP Amendment Decision Package: McAleer Access Lake Ballinger Date Budget Year Group Version Priority Duration 11/3/2022 2023 CM Will Chen, Neil Tibbott 0 1 One -Time Approval Status Pending Item Description Improve Lake Ballinger Park access by removing old bench, add two new benches, improve drop-off area by creating an opening for pedestrian access. Create better shoreline access for watercraft. Justification Old bench is worn out and obsolete. Shoreline access for personal watercraft access area is uneven and needs improvement. Park area grass needs to be restored. Describe All Funding Sources General Fund 001 Describe Future or Ongoing Costs N/A Project Status (if applicable) Not started FISCAL DETAILS Expenditures Operating expenditures 001 General Fund $25,000 Q Packet Pg. 303 Decision Package Budget Report City of Edmonds Regardin Decision Package Amendment: Remove ARPA Consultant Date Budget Year Group Version Priority Duration 11/4/2022 2023 CM Chen and Tibbott 0 1 One -Time Item Description To remove continuation of ARPA Grant Manager contract from 2023 budget (Decision Package 9) h lafifirnfl^n Approval Status Pending Since ARPA funds can be treated as General Fund for up to $10 million, the City departments have been budgeting expenditures using ARPA funds as General Fund. In addition, we have two departments, Finance and Community Service & Economic Development that are currently managing ARPA funds. Hiring an additional consultant to manage ARPA funds is no longer justified. The tasks identified in DP#9 as the ARPA Grant Manager's responsibilities (such as updates and presentation to Council on ARPA funding status) have not been evident. Describe All Funding Sources Reduce expenditures from ARPA fund Describe Future or Ongoinq Costs N/A Project Status (if applicable) N/A FISCAL DETAILS Expenditures Reduce expenditures from ARPA fund for $120,000. Packet Pg. 304 Decision Package Budget Report City of Edmonds 9.6.d Regardin Decision Package: Remove DP#7 Date Budget Year Group Version Priority Duration Approval Status 11/8/2022 2023 0 1 One -Time or Duration Pending Item Description Remove Decision Package #7, new HR Manager position. Justification Human Resource's 2022 actual department headcount is 3.6. With the hiring of another HR Assistant (per Decision Package #6) and paying $162,000 for professional service (contractor), the HR department essentially is increasing its workforce by 55.5% (2/3.6). We should monitor the impact of this large increase in workforce for one year before hiring yet another HR manager. Describe All Funding Sources General Fund Describe Future or Ongoing Costs N/A Project Status (if applicable) N/A FISCAL DETAILS Expenditures Reduce proposed budget spending by $197,810 from General Fund 001 Q Packet Pg. 305 9.6.d Decision Package Budget Report City of Edmonds Decision Package: Date Budget Year Group Version Priority Duration Approval Status 11/8/22 2023 0 1 Ongoing Pending Item Description This is to add incremental funding for Lighthouse city attorney contract services for 2023. Justification Edmonds is contracted with Lighthouse Law Group for city attorney services; the current contract between Lighthouse and the city expires on December 31, 2022. Council is currently working with Lighthouse regarding potential terms of a one- year contract for city attorney services, from January 1 - December 31, 2023. The current contract contains a 4% fee escalator clause, such that the flat fee Edmonds pays Lighthouse increases of 4% year over year. As the 2023 contract o terms are not yet defined, it can be assumed the 2023 fees will be at least 4% higher than 2022. Escalator clauses for •N other multi -year contracts the city has negotiated are in the range of 4.5% to 5.5%. For this amendment, since it is a one 3 year contract, we will use 5.5% as the escalator clause for purposes of estimating the 2023 incremental budget impact of N this contract. This estimate will be adjusted up or down depending on the results of negotiations between City Council o and Lighthouse for a 2023 contract. W m Project Status (if applicable) U 0 c� Pending Budget Narrative 0 In 2022, Edmonds paid Lighthouse a total of $647,346 (monthly fee of $53,953x12). Applying the 5.5% lift factor z descripted above to this amount, the 2023 total billed amount would b e $683,045. The incremental impact on the 2023 a budget of this increase would be $35,699. Again, this total is a placeholder at this point and will be adjusted up or down p depending on the results of the final contract negotiations between Lighthouse and City Council. s FISCAL DETAILS Expenditures 2023 incremental expenditure: $35,699. Packet Pg. 306 9.6.e Buckshnis amendments #2 DRAFT FOR 11/13/22 1) Community Services and Economic Development Comp Plan Updates — PRIORITY 1 - $75K for Community Cultural Plan and $75K for the Economic Development Comp Plan update. Justifications: There are supplemental plans that also need to be updated that are part of the Comprehensive Plan and due staffing issues —they seem to have fallen through the cracks. The Climate Action Plan update that I was working on until I retired from the Mayors' Climate Protection Committee is working on the Climate Action Plan as the original needed to be updated as the Marsh restoration was even a gem in the City's environmental eye back then. The Community Cultural Plan was part of the 2016 PROS Plan update and Kristiana was part of that task force. The Economic Development Plan caused the creation of the Citizens Economic Commission. Funding will be to create a task force to bring these two plans forward as they are a major component of the overall comprehensive plan. Amendment: • Create a task force for the update of the Community Cultural Plan which will require a consultant along with a CM, stakeholders, Arts Commission, and administration. Set aside $75K for this project. Money to come from under -budget funds. Create a task force for the update of the Economic Development Plan which will require a consultant along with CMs, stakeholders, Economic Development Commission and Administration. Set aside $75K for this project. Money to come from under -budget funds. 2) Non -departmental page 62 - Saving Salmon Club name change to Edmonds Stream Team Justifications: The Edmonds Stream Team is actually the Salmon Club that is utilized for asking from funds and the Saving Salmon Team is the team that writes the reports. This was brought to my attention by a citizen this year. No financial impact. Amendment: Change budget identifier to reflect reality. Not cost. 3) Development Services Professional Services with no DP numbers — recommend numbering and voting individually. Justification: Packet Pg. 307 9.6.e Buckshnis amendments #2 DRAFT FOR 11/13/22 Council needs to get a handle on all the consultants being used and for how much in accumulations as this budget item for professional services has grown significantly since 2021. For amendments, I will identify what was in the PowerPoint presentation provided by Director McLaughlin. To save time, I am not going to do a separate justification on these items. Amendments: • Remove Aquifer Recharge Code for $75K. Create tasks force to handle the Code Rewrite (already an amendment of mine under Council) as this costs is excessive since we have already met with Olympic Water and they have provided Snohomish County's Code 30.62C.330 prohibited uses along with the necessary maps. Page 263 PP • Remove Building Incentive Program for $30K. Place this on pause and there is no definitions and/or criteria for the Council to determine necessary codes, designs and criteria is in place. Page 263PP • Remove Comprehensive Planning for $62.51K. Council needs an update as to what has been spent on the Comprehensive Plan and what this funding is to entail and why hasn't the grant money been used? Page 255 PP as PP page 256 indicates that $60,805 has been spent. • Remove Building Professional Services for $167K. Pause on this until we get an update from the Administration on what this consultant plan is and if $106K spent to date, was this a former budget carry forward or as a Council Member, I am not familiar with this approval. P255 PP • Pause on $89,250 for 10% design or DP 72. Council pulled this budget amendment and voted it down this year as there is no design standards, code, definition, criteria, etc. Should the City Council approve these codes, there are millions of dollars available through the Infrastructure Bill or Inflation Bill. • CARRYFORWARDS Page 253 — Please provide the DP for the various components that are considered carryforwards and I don't recall Council being updated on the Hwy 99 Community renewal plan. • Decision Packages which were not identified regarding the Solar Grant page 254. This amendment is discussed in 11/7/22 amendments in that last year the funding source was identified as Bond Funding. Finance Committee review this issue during the mid -amendment process and the budgeting authority may have changed, but the projects were not identified in the amendment — but dollar amounts matched. So, we need to drill down on that aspect and if the authority was not moved, Council needs to move the bond funding since the directive for the bonds does in fact indicated building infrastructure improvements. • Move Hearing Examiner to page 45 or City Attorney $40K on page PP #261. 1 don't recall the Hearing Examiner being part of this budget and from a conflict of interest standpoint, I would think it would be prudent to put this position where the other attorney's are housed. 2 Packet Pg. 308 9.6.e Buckshnis amendments #2 DRAFT FOR 11/13/22 • Page 258 - Waterfront Issues Study and Climate and Equity Gap analysis needs to be brought forth to Council. This Waterfront Study report that has NO backup data needs to come forth to Council and a more comprehensive review be made regarding many of the items that were presented to Council as the removal of the Edmonds Crossing Project has been on Council's radar for years now and was to be docketed last year to have that CM2 zoning removed. 4) DP #8 and Page 44 and 45 $136,750 change DP to $16,000 Justification: The Mayor has removed DP #8 and therefore an increase needs to be identified. The amount is a placeholder and represents an estimated 5.0% increase. Amendment: Change DP to $16,000 and return remaining funds into under -estimated budget. 3 Packet Pg. 309 Decision Package Budget Report City of Edmonds Decision Package: Fire and EMS Information Disclosure Date Budget Year Group Version Priority Duration Approval Status 11/13/2022 2023 CM Chen and Buckshnis 1 1 On -going Pending Item Description Display Fire Services information as part of the City's budget, including revenue sources to fund Fire and EMS services, such as EMS tax revenue, transport fees paid to Edmonds AND the amount paid from the General Fund needed to make up the total payment to SCF. Although the Fire District Contract costs is shown on page 63 of the proposed budget book, the breakdown of these costs, such as SCF contract payments and Station Maintenance wou Improve transparency. Justification Since 2010, City of Edmonds contract with South County Fire for Fire and EMS services. Fire and EMS services are important I of the City's Public Safety commitment and top priority. The costs are also a very significant part of the City's budget (about $1 C million in 2021 and 2022) along with Police, Public Works, and other key city functions. Separate financial disclosure of Fire anc EMS revenue and costs information will result in higher degree of transparency. o Describe All Fundina Sources a N/A — no additional funding required for this reporting m Describe Future or Ongoing Costs 0 N/A — no additional funding required for this reporting U Project Status (if applicable) Fire and EMS financial reporting needed. FISCAL DETAILS Expenditures N/A — no additional funding required for this reporting Packet Pg. 310 Decision Package Budget Report City of Edmonds Decision Package: Police Substation Study Date Budget Year Group Version Priority Duration Approval Status 11/13/2022 2023 CM Will Chen and Jenna Nand 1 1 On -going Pending Item Description Create a task force to conduct the feasibility study for the establishment of a permanent Police Substation along Highway 99, which will require a consultant along with a CM, stakeholders, and the Police Department. Justification A significant portion of Edmonds's police calls reporting criminal activity originates along the Highway 99 corridor. The implementation of the Highway 99 subarea plan will create even higher population density and greater business activity in the uptown area. Given the violent crimes that have taken the lives of Edmonds workers in the Highway 99 community in recent year the addition of a Police Substation is desirable for the safety and security of the community that lives and works along the Highw< 99 corridor. c o_ Describe All Funding Sources N N General fund 001 for $75,000 0 a� a� Describe Future or Ongoing Costs m One-time — c 0 U Protect Status (if applicable) N/A > FISCAL DETAILS Expenditures Genera fund for $75,000. Packet Pg. 311 Decision Package Budget Report City of Edmonds 9.6.e Proposed Amendment to Decision Package: 15 Date Budget Year Group Version Priority 11/15/2022 2023 CM Jenna Nand 0 1 Item Description Acquire three new patrol vehicles. Justification Duration One -Time Approval Status Pending While improving our police fleet is a priority under the City of Edmonds' policing power, adding three vehicles to address operational deficiencies should be adequate for 2023, with the intention of adding another three vehicles in 2024 and the final three requested vehicles in 2025. Edmonds PD could use the three new vehicles as a retention incentive rather than as a hiring incentive for the proposed new class of Commanders, which would address Edmonds Police Department leadership's stated concerns regarding acquisition and retention of lateral candidates to join the police force. Describe All Funding Sources An allocation from the coronavirus funds presently included in the general fund. Describe Future or Onaoina Costs Each of the newly acquired vehicles will require commensurate maintenance and replacement expenditures as the assets age and depreciate in value. Project Status (if applicable) N/A. FISCAL DETAILS Expenditures Instead of the requested $714,000.00 for nine new vehicles in Decision Packet #15 in 2023, purchasing only three new vehicles in 2023 would mean that $238,000.00 would be necessary to add three new vehicles in for the first year of the phased in purchase plan, a savings of $476,000.00 in the 2023 budget. 4 Packet Pg. 312 9.6.e Decision Package Budget Report City of Edmonds New Decision Package: Charter City Ballot Measure Exploration Date Budget Year Group Version Priority Duration Approval Status 11/15/2022 2023 CM Jenna Nand 0 1 One -Time Pending Item Description Engage a consultant to collaborate with a working group of councilmembers to determine whether to place a ballot measure before Edmonds voters on whether to become a charter city. Justification Presently, Edmonds is a code -based city. The definition the city council and the mayor's positions relies on vaguely - worded descriptions derived from RCW 35A.11.020, "Powers vested in legislative bodies of noncharter and charter code cities" and RCW 35A.12.100, "Duties and authority of the mayor —Veto —Tie -breaking vote." The language of these provisions from the state of Washington is inadequate to specify the roles, responsibilities, and enumerated powers of each of our branches of local government in the city of Edmonds. c To increase government transparency and accountability to the people of Edmonds about the functions of each of its local •N governmental institutions, Edmonds City Council should engage a consultant to determine whether it would be desirable U) and appropriate to place before the voters of Edmonds a ballot measure on whether Edmonds should become a charter city on the 2024 ballot. 6 Describe All Funding Sources a) An allocation from the Edmonds City Council Professional Services Fund. m c Describe Future or Ongoing Costs 3 0 General fund 001 for $30,000.00 to Edmonds City Council's Professional Services Fund. U Project Status (if applicable) N/A. FISCAL DETAILS Expenditures Hire a consultant to work with councilmembers and explore whether to pursue a charter city ballot measure in 2024. Packet Pg. 313 9.6.e Decision Package Budget Report City of Edmonds New Decision Package: Memorial Benches for Nagendiram Kandasamy and Thanh Vy Ly Date Budget Year Group Version Priority Duration Approval Status 11/15/2022 2023 CM Jenna Nand 0 1 One -Time Pending Item Description Place memorial benches in honor of Edmonds Highway 99 murder victims, Nagendiram Kandasamy and Thanh Vy Ly. Justification On Feb. 21, 2020, a well-known and popular 7-Eleven clerk. Nagendiram Kandasamy, was murdered while working at his job at the 7-Eleven, previously located at 8101 2381' Street SW, Edmonds, WA 98026. Mr. Nagi, as he was affectionately known to his customers for many years, was beloved by the Highway 99 community and, along with his coworkers, had a lasting impact on our city. Not long afterwards, on September 29, 2020, the Highway 99 business community was again shaken by violence when an innocent young woman, Thanh Vy Ly, was murdered outside of the Boo Han Market, located at 22618 Highway 99, g Edmonds, WA 98026. Ms. Vy Ly was heroically attempting to protect her friend, an employee of the Boo -Han Market and N a victim of domestic violence, when she lost her life. 3 In response to the terror and turmoil that these two murders inflicted on the Highway 99 business community in general, o as well as the friends and families of the victims, the expenditures of $3000.00 per bench would be a small token from the City of Edmonds to celebrate the lives and lasting impact of each of these individuals. This would be an appropriate .a expenditure of public funds to ensure that workers in Edmonds know that their lives and contributions to our community m are valued and that these losses will not be forgotten. Describe All Funding Sources N/A. o U Describe Future or Ongoing Costs Each of the newly added benches will require commensurate maintenance and replacement expenditures. z Project Status (if applicable) N/A. FISCAL DETAILS Expenditures $6,000.00 for the cost of two memorial benches. Packet Pg. 314 9.6.f Amendment to Decision Package #72, Vivian Olson Item Description- Remove the Green Streets Project at Dayton and Hwy 104 (CIP/CFP PWT 65) This amendment would leave "as is" the funding for the design of the green street at 236t" and 80, CIP/CFP PWT 64 ($219,717) and accept the future obligation of constructing it in the sum of $3,500,000. At the same time, it deletes the Green Streets project at Dayton Street in the current design amount of $78,027 and the future obligation of $1,600,000. Justification: This gives the City its first Green Street for educational purposes and will be an aesthetic upgrade to this neighborhood in the Gateway District of Hwy 99. It will add stormwater mitigation in the HWY99 Subarea. It takes advantage of the timing of private development (and the private investment in the involved sidewalk that goes hand in hand with that), and will enhance the pedestrian experience in an area of the City with growing density. This request eliminates the design of the Green Street at Hwy 104 and Dayton in its entirety. The educational value can be met with the other project that has the "why now" factors going for it that this one lacks. The recently removed street trees need to be replaced at the Hwy 104 and Dayton site but the road width can be left as is with a much lower associated cost that should move forward now. Describe all Funding Sources: This will decrease decision package 72 ask by 78,027 for design in the 2023 budget and will do away with the future obligation of 1.6 Million for construction of it. The recently removed trees need to be re- planted here but the road width can be left as is with a much lower associated cost. ARPA (Decrease $78,027 now and do away with a $1,600,000 obligation) Packet Pg. 315 9.6.f New DP- CP Vivian Olson Item Description- Electric Leaf Blower Subsidy Program This request is to build a $250,000 subsidy program in partnership with Edmonds retailer(s) such as Edmonds Ace Hardware. It will make electric leaf blowers available for purchase at 10% of the regular price with the turn in of a functioning gas leaf blower. Edmonds residents (proof of residence and one per household), and landscaping and gardening professionals (who can show evidence they do jobs in Edmonds) will be eligible for the program. Most program work will be done by employees of ACE Hardware (and other participating Edmonds - based retailers, if any). This includes direct selling the blowers to the consumer (90% paid by the City and 10% paid by the customer) and receiving the functioning gas blowers for destruction. The program and any volunteer support will be managed by the Community Services and Economic Development Director. The retailer will collect the functioning gas blowers turned in at no charge to the City, and Public Works will pick them up when the stockpile warrants. The program budget is for the 90% electric blower subsidy payments and for the destruction and disposal of the gas blowers (if the County solid waste operation is unwilling to support the program for free). Justification This program will incent residents and operators of gardening and landscaping businesses to part with their gas leaf blowers by making the high -quality electric blowers very affordable, and thereby removing approximately 500 gas blowers from operation in Edmonds. This supports our community climate goals by improving air quality (reduced carbon emissions) and improves our quality of life (by reducing noise). This decision package supports public health, and helps households and businesses, all of which are allowable uses of ARPA funds. Describe funding sources $250,000 ARPA funds, accounts B and/or C, Household Support and Business Support Packet Pg. 316 9.6.f Item Description- Adjustment to Planning and Development Services Professional Services Budget (Budget Presentation at Nov 7 Council Meeting, Nov 7 Agenda Packet pages 247-263) for Critical Aquifer Recharge Area Code, CP Vivian Olson Creating an Edmonds Aquifer Recharge Area Code is a critical priority but there is a less costly way to accomplish that end. Justification The professionals on staff at Olympic Water say that the Snohomish County's Critical Aquifer Recharge Areas Code (Chapter 30.62C of the Snohomish County Code) is very good. As one of the Snohomish County aquifers is in Esperance (and has the same recharge area that ours does), recommend providing the code writer the Snohomish County Code to evaluate for any necessary modifications, a much less time -intensive endeavor than creating it from scratch. Describe Funding Sources Decrease Funding $67,500 ($7,500 remaining for 3 weeks of PSA work with a code writer) Packet Pg. 317 9.6.f New DP, CP Vivian Olson Item Description- Financing Volunteer coordinator Our community has a wonderful culture of volunteerism and that spirit can be better harnessed, supported, and organized (providing even better returns for the City). With counsel about the legality of doing so from the City Attorney, the Volunteer Coordinator is proposed as a donation to the Edmonds Chamber of Commerce for the funding of a position there rather than creating a City FTE. With this position in place, those looking to volunteer know where to go to get "plugged in". And from the other side: a department head needing a grant writer, summer day camp program leader needing a reader for story time, the staff presenter who realizes that foreign language or ASL translation would benefit those in attendance, the Parks Director needing help pulling invasives or planting trees at a community park,... they can check and see if there is a volunteer who is a good fit before initiating a service purchase or doing that job with staff hours. Imagine staff taking four hours to review and edit a grant application written by a capable volunteer (instead of 8 days writing it from scratch themselves). We are so fortunate to have former leaders of industry and the nonprofit world, scientists, professors, gardeners, writers, all living in Edmonds and loving it-- and wanting to keep our taxes down. The only way we can have it all is to do more of it with free labor, especially in this time of high inflation. Justification What the Edmonds Chamber of Commerce accomplishes with 3 staff members (and a legion of volunteers) is the proof of concept. Adding this designated Volunteer Coordinator Position at the Chamber would support the Chamber of Commerce in the many community -focused endeavors already underway which our residents have come to expect (an Edmonds Kind of Fourth, Halloween Trick or Treating and the Tree Lighting to name a few), and provide the City a high return on investment as a result of decreasing needs for staff, professional services, other contracted labor, and small project management. The Chamber has already mastered the art of volunteer coordination and the City volunteer program will be up and running expediently. The Economic Development Director would serve as the Chamber of Commerce liaison as it relates to this City -funded position. Describe Funding Sources $65,000 General funds Packet Pg. 318 9.6.f Community Services and Economic Development c O U A 0 m a� m U c O v T O Z N d U C 7 O U O E t U 2 r Q Packet Pg. 319 Decision Package Budget Report City of Edmonds Decision Package: Paine —Home Impvmt Grants Date Budget Year Group Version Priority Duration Approval Status 11-1-2022 2023 CM Paine. 0 1 Duration Item Description This proposal would allow low-income homeowners to apply for a grant of up to $5,000.00 apiece for needed home repairs. There are local nonprofit resources to provide the construction repairs for these low-income homeowners. Justification This year, the Human Services Program was asked to provide an updated report on Housing and Homelessness in Edmonds — the Kone Report. This request meets many of the 2022 identified cost burdened community needs, per the Kon6 Report update. The update includes that 40% of Edmonds households are cost burdened; the percentage of unhoused residents over 65 years old is increasing; and that 21 % of Edmonds households are severely cost burdened. Edmonds residents who are cost burdened and are in need of home repair services would benefit, thus aiding in keeping people in their existing homes. Describe All Funding Sources Position funded by ARPA funding. Describe Future or Ongoinq Costs On -going costs related to this new 0.5 FTE position are salary and benefits, assuming we would fill the position as a 20 hours per week employee. This position will help to manage and facilitate hundreds of hours of habitat restoration, invasive plant removal, plant installations, beach clean-ups, and park maintenance. Project Status (if applicable) NA FISCAL DETAILS: Expenditures ARPA Expenditures (need coding from Finance) Total Operating Expenditures: Total Expenditures: Net Budget: 50,000.00 50,000.00 50,000.00 Packet Pg. 320 Decision Package Budget Report City of Edmonds Decision Package: Paine-- Pks Volunteer Coord 0.5 FTE Date Budget Year Group Version Priority Duration Approval Status 11-1-2022 2023 CM Paine. 0 1 Ongoing Item Description This is a new, part-time position of Volunteer Coordinator would plan, develop, and manage the City's Parks volunteer programs, including the development of goals, policies and procedures, and marketing. Emphasis of the volunteer program in on the outdoor volunteer programs, including park/trails stewardship, native plant projects, and other restoration work in our parks/open spaces. Justification The City of Edmonds has a robust volunteer community of services, organizations, groups, and individuals. The Parks, Recreation, Cultural Arts, and Human Services Department provides only a few opportunities for volunteer events and activities due to staff limitations to manage a volunteer program. By providing a dedicated City Volunteer Coordinator, the city will be able to leverage a part-time employee into many more community volunteer opportunities, and hundreds of hours of work in our parks and public spaces. This request meets many of the 2022 Park, Recreation & Open Space (PROS) Plan goals. Goal 1 — Engagement Objective 1.1; Goal 2 — Diversity, Equity, Inclusion, Obj. 2.6; Goal 3 — Parks, Trails, & Open Space, Obj. 3.7, 3.8, and 3.9; Goal 5 - Natural Resource & Habitat Conservation, Obj 5.1; Goal 6 — Climate Change, Adaptation & Resiliency, Obj 6.4 and 6.5; and Goal 9 — Parks Operations & Administration, Obj 9.5. Describe All Funding Sources Position funded by the General Fund. Describe Future or Ongoing Costs Ongoing costs related to this new 0.5 FTE position are salary and benefits, assuming we would fill the position as a 20 hours per week employee. This position will help to manage and facilitate hundreds of hours of habitat restoration, invasive plant removal, plant installations, beach clean-ups, and park maintenance. Project Status (if applicable) NA FISCAL DETAILS: Expenditures Operating Expenditures 001.000.64.571.21.11.00 Salaries 001.000.64.571.21.23.00 Benefits 001.000.64.571.21.31.00 Supplies Total Operating Expenditures: Total Expenditures: Net Budget: 30,555.00 10,694.00 1,000.00 42,249.00 42,249.00 42,249.00 Packet Pg. 321 Decision Package Budget Report City of Edmonds Decision Package: Paine - Downtown Parking lot lease Date Budget Year Group Version Priority Duration Approval Status 11/03/2022 2023 CM Paine. 0 1 On -going Item Description This proposal is to allow the Administration to lease private parking lots located in the Downtown business zone. The lease(s) would be for Saturdays and Sundays, year-round. Justification One of the most frequently heard concerns/complaints is that the parking in the downtown zone is too limited and/or hard to find. By leasing the private parking lots and making these spaces available, at no charge, there would be an immediate increase in the number of parking spaces on the weekend. By making this a year-round lease, these parking spots would add a parking space resource for all of our year-round activities - Spring, Summer, and Winter markets as well as other events. In addition to being a new parking resource, by having this be a year-round lease, visitors and residents would be able to rely on the availability of those parking spaces. Describe All Funding Sources General Fund Describe Future or Ongoing Costs On -going Project Status (if applicable) NA FISCAL DETAILS Expenditures (need coding from Finance) Total Expenditures: 40,000.00 Net Budget: 40,000.00 Packet Pg. 322 Decision Package Budget Report City of Edmonds Decision Package: Paine CT — ORCA Card Rebate Date Budget Year Group Version Priority Duration Approval Status 11/03/2022 2023 CM Paine 0 1 Ongoing Item Description A 50% reimbursement of ORCA/Community Transit passes of the actual, direct costs paid for by any Edmonds resident. For example, if a resident pays $50.00 per month, themselves for their transit pass - they would come to the city office and receive a subsidy of $25.00. Justification Community Transit will bring additional bus routes into Edmonds starting in 2024. This subsidy would add an incentive to use more public transportation. This subsidy will help to support the Climate Action Plan goals of reducing Vehicle Miles Traveled (VMT) which is one of the key measurements and indicators in reducing Edmonds carbon footprint. Describe All Fundina Sources Ending fund balance Describe Future or Ongoinq Costs Ongoing Project Status (if applicable) IWA FISCAL DETAILS Expenditures (need coding from Finance) Total Expenditures: 10,000.00 Net Budget: 10,000.00 Packet Pg. 323 Decision Package Budget Report City of Edmonds 9.6.f Decision Package: PAINE - Lynnwood Neighborhood Center Date Budget Year Group 2023 CM Paine Item Description Version Priority Duration Approval Status 0 1 One -Time The Lynnwood Neighborhood Center (LNC) is being built next door the Trinity Lutheran Church located at 641" Ave W and 196th, in Lynnwood and a short distance from SR99. The Lynnwood Neighborhood Center will be a service hub in partnership with the Volunteers of America - Western Washington and other community nonprofits to provide an extensive set of social, educational, behavioral, and medical services, as well as being a gathering place for the broader community. https://www.voaww.org/Inc Justification The LNC will be a community center that builds on the strengths of our local nonprofits and direct service providers and brings these elements into one community center. The planned services, which are already contracted include the Boys and Girls Club, the Center for Human Services, Medical Teams International (dental, medical and prescription - one stop services), the Korean Community Service Center, Latino Educational Training Institute (LETI), a commercial kitchen, a space for tutoring and childcare, a gymnasium and playground, and a community room. This community center will serve many of our community members needs and also these services will support our unhoused population, our residents who are at risk for being unhoused, Edmonds students, and our individuals and families who live below 200% of the federal poverty level. Although this center is located in Lynnwood, many of our residents will use this center and help our resident have access to free or low cost services. Describe All Fundina Sources Describe Future or Ongoinq Costs On -time Project Status (if applicable) NA FISCAL DETAILS Expenditures (need coding from Finance) Total Expenditures: 150,000.00 Net Budget: 150,000.00 Packet Pg. 324 Decision Package Budget Report City of Edmonds Decision Package: Paine — Recycle Coordinator Position Date Budget Year Group Version Priority Duration Approval Status 2023 CM Paine. 0 1 On -going Item Description Restore the Recycling Coordinator position. Juwtifiratinn Since the retirement of our past Recycling Coordinator, there has been a gap in the needed services that had been fulfilled by this position. This position was charged with • working with regional organizations on waste reduction campaigns, • coordinated community events like Taming Bigfoot, • helped craft language around code revisions banning plastic and other environmental hazards, • worked with businesses around town on waste reduction initiatives, and • many other initiatives that were helping our community reduce pollutants and greenhouse gas emissions The reinstatement of this position would provide support for community resiliency efforts, our Climate Action Plan, and overall waste reduction strategies. The Dept of Ecology grant cycle will begin mid - 2023, the full-time level of funding won't be needed until 2024. Describe All Funding Sources 50% (or more) of the salary is funded by the Dept of Ecology Community Participation (CPG) grants, Federal Environmental Protection Agency (EPA) grants, etc. 50% of the salary is funded by General Fund Describe Future or Ongoing Costs On -going General Fund support, for salary and benefits. Project Status (if applicable) NA FISCAL DETAILS Expenditures (need coding from Finance) The position was in the NR7 pay scale with the range $68,284.00 - $91,506.00, grant funding is anticipated to pay for half, at minimum. Total Expenditures: 50,000.00 Net Budget: 50,000.00 Packet Pg. 325 9.6.f City of EDMONDS Washington RECYCLING COORDINATOR Department: Public Works Pay Grade: NR-7 Bargaining Unit: Non -Represented FLSA Status: Exempt Revised Date: November 2012 Reports To: Public Works Director POSITION PURPOSE: Under general direction, plans, coordinates and monitors the City's Recycling Program including: waste reduction, recycling, composting, household hazardous waste and other related programs and activities; establishes goals for the program and ensures compliance with State and County regulations; plans for and provides public information and educational programs; monitors, maintains and prepares grant applications/renewals for the State matching grant and prepares required reports and documentation. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Oversees and coordinates public information on waste reduction, recycling, composting, household hazardous waste, natural yard care, proper disposal options and opportunities and any other aspect of solid waste handling and disposition. • Serves as the community's resource for the latest information on the range of solid waste issues and proper disposal opportunities. • Responds directly to all inquiries from the public using all means of public information and outreach methods to provide a consistent message to the community to promote and inform the public regarding the recycling program. • Administers programs that promote effective recycling or reduction strategies. • Maintains collaboration with and serves as liaison to the City's solid waste haulers, private sector recyclers, the County's solid waste management staff and other local and regional solid waste program managers. • Complies and maintains databases to track solid waste tonnage and participation in all sectors including: residential, multi -family and commercial. • Conducts site visits to all sectors of the community to establish or maintain the position as a resource for information, presentations, assessments or assistance in proper collection options or appropriate solid waste handling. • Monitors and evaluates the City's in-house waste removal systems and practices; provides relevant information, advice and direction to City employees on recycling; handles proper removal and recycling of unwanted electronics, cell phones, batteries and other materials from City departments. • Serves as contract Recycling Coordinator for the neighboring City of Lynnwood and administers and provides similar recycling services/duties for their City. • Administers the same type of State grant for Waste Prevention and Recycling outreach and performs all of the above duties for the City of Lynnwood and as outlined in an Inter -local Agreement approved by both City Councils. Recycling Coordinator No Packet Pg. 326 9.6.f JOB DESCRIPTION Recycling Coordinator • Assists with public education on stormwater pollution, water and energy conservation, watershed awareness and related environmental areas such as the recent outreach to retail businesses affected by the City's restriction on plastic bags at checkout stands. • Coordinates the public participation program for stenciling storm drains; leads schools and scout groups in arranged stenciling activities; handles the waiver forms with participants and maintains the supply of stencils, spray paint, safety vests and more for these activities. • Participates on the Mayor's Climate Protection Committee and subcommittees. • Participates in the review process for permit seekers for commercial or multi -family development, specifically following adherence to the Publics Works' policy on minimum standards in regard to solid waste collection areas or enclosures. • Conducts field checks on proposed or approved development sites before, during and after construction to aid in the completion of the review process. • Collects data and works with other City personnel and the public utilities to provide appropriate data for creating a City operations greenhouse gas emission report and report on community -wide emissions. • Attends meetings with the Everett Water Utility's Water Conservation Subcommittee and the County's STORM group (Storm Water Education) and meets with County solid waste personnel and hauling company managers as needed. • Attends the quarterly Snohomish County Solid Waste Advisory Committee meetings as the representative for the City. • Prepares applications for the State match grant which includes determining scope of work; prepares all required reports; gathers and verifies expenditure vouchers for reimbursement and writes final reports at grant period conclusion. • Maintains City membership with the Washington State Recycling Association and the Zero Waste Washington organizations. Required Knowledge of: • Solid waste collection systems, recyclable and recoverable materials. • Composting and organics recovery. • Proper placement of garbage and recycling containers and enclosures. • Basic grant preparation procedures and methods. • Public health and City codes, as well as other local, State and Federal laws and rules and regulations associated with the program. • Local vendors and sources of supply available to the program. • Effective oral and written communication principles and practices to include customer service, public relations and public speaking. • Record keeping techniques and practices. • Modern office procedures, methods, and equipment including computers and computer applications such as: word processing, spreadsheets and statistical databases sufficient to perform assignments. • English usage, spelling, grammar and punctuation. • Principles of business letter writing. Required Skill in: • Current techniques and methods for collection, disposal, storage and recycling of solid waste materials. • Federal, state, county laws and local health and environmental codes, rules and regulations relating to solid waste operations and hazardous waste issues. • Planning, coordinating and monitoring the City's Recycling Program, including waste reduction, recycling composting and other related programs and activities. Recycling Coordinator No Packet Pg. 327 9.6.f JOB DESCRIPTION Recycling Coordinator • Coordinating and developing promotional materials including: brochures, posters, flyers, mailers, signs and displays and activities for the program; conducting presentations to local schools and other agencies. • Interpreting, applying, and explaining Federal, State and County solid waste and recycling laws and codes. • Preparing grant applications and administering and writing progress reports. • Utilizing personal computer software programs and other relevant software affecting assigned work. • Establishing and maintaining effective working relationships with staff, management, vendors, outside agencies, community groups and the general public. • Preparing and maintaining a variety of records, files and reports. • Communicating effectively verbally and in writing including: customer service, public relations and public speaking. MINIMUM QUALIFICATIONS: Education and Experience: Associates Degree or two year technical certificate in environmental health, urban planning, public administration or related field and two years of experience in planning and coordinating waste reduction, recycling, composting or related programs that includes grant administration, records management, and heavy public contact; OR an equivalent combination of education, training and experience. Required Licenses or Certifications: Valid State of Washington Driver's License. Must be able to successfully complete and pass a background check. WORKING CONDITIONS: Environment: • Office environment, occasional field work. • Driving a vehicle to conduct site visits. Physical Abilities: • Operating a computer keyboard or other office equipment. • Hearing, speaking or otherwise communicating to exchange information in person or on the phone. • Sitting, standing or otherwise remaining in a stationary position for extended periods of time. • Ability to wear appropriate personal protective equipment based on required City Policy. Hazards: • Occasional exposure to dangerous machinery and hazardous chemicals. Incumbent Signature: Date: Department Head: Date: Recycling Coordinator No Packet Pg. 328 9.6.f Decision Package Budget Report City of Edmonds New Decision Package: Trash Cans and Recycling Bins Date Budget Year Group Version Priority Duration Approval Status 11/15/2022 2023 CM Jenna Nand 0 1 One -Time Pending Item Description Add city -owned and maintained trash cans and recycling bins to the 5 Corners, Firdale, Perrinville, and the Highway 99 International Business Districts. Justification Presently, the City of Edmonds maintains city -owned and maintained trash cans and recycling bins at regular intervals in our historic downtown business district and the downtown Edmonds waterfront. This decision packet is designed to help our Parks, Recreation, and Human Services staff extend the geographic footprint of city -owned and maintained trash cans and recycling bins to provide sanitation, beautification, and encourage pedestrian activity to support business activity in each of Edmonds' other business districts. This Decision Packet requests the addition of a minimum of four trash cans and four recycling bins per business district, for a minimum addition of 16 trash cans and 16 recycling bins in the city. o This is an appropriate use of American Rescue Plan Act funds since maintaining the cleanliness of our open spaces and 3 increasing the commercial attractiveness of Edmonds' business districts would directly correspond to Congress' stated v desire that ARPA funds be used by local governments in responding to the economic and public health impacts of o COVID-19. Edmonds businesses have experienced severe hardship during the COVID-19 pandemic, especially our brick- m and -mortar retailers and restaurants. The addition of city -owned and maintained trash cans and recycling bins to increase beautification and basic cleanliness of each of the business districts is a simple way to incentivize increased commercial activity in each of Edmonds Business Districts. m U c Describe All Funding Sources o An allocation from the coronavirus funds presently included in the general fund. v ti T 0 Z Describe Future or Ongoing Costs U) d Each additional city -owned and maintained trash can and recycling bin will require additional labor expenditures for Parks, Recreation, and Human Services. U 3 Each of the newly added benches will require commensurate maintenance and replacement expenditures. o U 0 Project Status (if applicable) E N/A. U 2 r Q FISCAL DETAILS Expenditures This decision packet seeks to add $84,500.00 to Parks, Recreation, and Human Services' budget for the first year that the city seeks to add 16 trash cans and 16 recycling bins to the other business districts of Edmonds. Trash can and recycling receptacles cost $1500.00 each, so adding 32 additional receptacles throughout the other business districts would cost an estimated $48,000.00 in a one-time cost of materials. Associated labor costs in the first year that these receptacles would be added are estimated at $36,500 per year in either hours devoted by the department's existing staff or in new hires to complete the additional labor required to service these 32 additional receptacles. In subsequent years, an estimated additional labor cost of $36,500.00 per year in staff time diverted from other projects or in acquiring new staff hires necessary to empty and maintain the additional receptacles. Packet Pg. 329 Decision Package Budget Report 9.6.f City of Edmonds New Decision Package: Memorial Benches Date Budget Year Group Version Priority 11/15/2022 2023 CM Jenna Nand 0 1 Duration Approval Status Ongoing Pending Item Description Extend the memorial bench program's geographic footprint to publicly owned locations in the 5 Corners, Firdale, Perrinville, and the Highway 99 International Business Districts. Justification Presently, the City of Edmonds maintains 156 memorial benches throughout our historic downtown business district, Seaview Park, Hickman Park, Haines Wharf Park, Hutt Park, Interurban Trail, Library Plaza, Pine St. Park, Sam Stamm Overlook, City Park, Civic Park and the downtown Edmonds waterfront. These benches are leased for 20 years at a cost of $3000.00 per bench. This decision packet is designed to help our Parks, Recreation, and Human Services staff extend the geographic footprint of the memorial bench program to provide seating, beautification, and encourage pedestrian activity to support business activity in each of Edmonds' other business districts. This Decision Packet requests the addition of a minimum of four memorial benches per business district, for a minimum addition of 16 benches geographically distributed around the city. This is an appropriate use of American Rescue Plan Act funds since beautification of our open spaces and increasing pedestrian accessibility to Edmonds' business districts would directly correspond to Congress' stated desire that ARPA funds be used by local governments in responding to the economic and public health impacts of COVID-19. Edmonds businesses have experienced severe hardship during the COVID-19 pandemic, especially our brick -and -mortar retailers and restaurants. The addition of benches to increase beautification and walkability of each of the business districts is a simple way to incentivize increased pedestrian activity and hopefully commercial activity in each of Edmonds Business Districts. Describe All Funding Sources An allocation from the coronavirus funds presently included in the general fund. Describe Future or Ongoing Costs Each of the newly added benches will require commensurate maintenance and replacement expenditures. Project Status (if applicable) N/A. FISCAL DETAILS Expenditures An additional 16 memorial benches will require an initial expenditure of a minimum of $64,000.00 for the purchase of the benches, which could potentially be defrayed by the leasing of the benches to the public. 16 benches would require an estimated additional 200 hours in labor time for the installation and maintenance of the benches by Parks, Recreation, and Human Services staff, necessitating additional labor expenditures in that department's budget. c 0 U A 0 m a� m U c 0 V Packet Pg. 330 9.6.f Decision Package Budget Report City of Edmonds New Decision Package: Corner Parks, Flower Baskets, and Poles Date Budget Year Group Version Priority Duration Approval Status 11/15/2022 2023 CM Jenna Nand 0 1 One -Time Pending Item Description Add corner parks, hanging flower baskets and poles to the 5 Corners, Firdale, Perrinville, and the Highway 99 International Business Districts. Justification Presently, the City of Edmonds maintains corner park landscape beds and hanging flower baskets and poles at regular intervals in our historic downtown business district. This decision packet is designed to help our Parks, Recreation, and Human Services staff extend the geographic footprint of corner park flowerbeds, flower baskets, and poles for the purpose of beautifying and encouraging commercial tourism c and pedestrian activity to support business activity in each of Edmonds' other business districts. Under the terms of the Goffette bequest, the funds donated to the city can be "used for hanging baskets, street comer N flower planting and maintenance" to support flowerbeds and flower baskets in the city of Edmonds. o This is an appropriate use the Goffette donation since it would meet the stated purpose of the bequest. Adding a minimum a) of two corner park flowerbeds and four signposts bearing flower baskets to each of the business districts is a simple way 0 to incentivize increased commercial activity in each of Edmonds Business Districts. m American Rescue Plan Act funds can be utilized to fund the purchase and placement of poles in the other Edmonds c Business Districts to hang flower baskets in the 5 Corners, Firdale, Perrinville, and the Highway 99 International Business o Districts. v This is an appropriate use of American Rescue Plan Act funds since increasing the commercial attractiveness of Edmonds' business districts would directly correspond to Congress' stated desire that ARPA funds be used by local governments in responding to the economic and public health impacts of COVID-19. Edmonds businesses have experienced severe hardship during the COVID-19 pandemic, especially our brick -and -mortar retailers and restaurants. The addition of sign -posts capable of bearing hanging flower baskets and historical and interpretive signs would increase beautification of each of Edmonds Business Districts. This is a simple way to incentivize increased commercial activity in each of Edmonds Business Districts and aid in their recovery from the COVID-19 pandemic. Describe All Funding Sources An allocation from the Goffette Donation. An allocation from the coronavirus funds presently included in the general fund. Describe Future or Ongoing Costs Each additional city -owned and maintained corner parks, flower baskets, and poles will require additional labor expenditures for Parks, Recreation, and Human Services. Each of the newly added corner parks, flower baskets, and poles will require commensurate maintenance and replacement expenditures on a yearly basis. Project Status (if applicable) N/A. FISCAL DETAILS Expenditures Presently, the 2023 Proposed Budget lists the Parks, Recreation, and Human Services flower program as costing $48,664.00 in city funds. Packet Pg. 331 9.6.f Decision Package Budget Report City of Edmonds This decision packet seeks to add $70,400.00 to Parks, Recreation, and Human Services' budget for the first year that the city seeks to add hanging flower baskets and poles to the other business districts of Edmonds. Flower poles cost $4000.00 each, so adding 16 additional flower poles throughout the other business districts would cost an estimated $64,000.00 in a one-time cost of materials. Flower baskets cost $200.00 each, so adding 32 additional flower baskets would add an initial cost of $6400.00. In subsequent years, additional flower baskets will need to be purchased at a cost of $200.00 each, so adding 32 additional flower baskets would add an ongoing annual cost of $6400.00. Each flower basket owned by the city of Edmonds must be hand -watered four times per week during the summer, for an estimated additional labor cost of $6000.00 per year in staff time diverted from other projects or in acquiring new staff hires necessary to water and maintain the additional flower baskets. This decision packet also seeks to add $126,000.00 to Parks, Recreation, and Human Services' budget for the first year that the city seeks to add corner park flower beds to each of other business districts of Edmonds. Each corner park flower bed requires a minimum of $15,000.00 one-time cost initially. So the addition of eight corner park flower beds would require $120,000.00 in one-time cost of materials. In subsequent years, additional costs associated with the eight additional corner park flower beds would require an additional labor cost of $6000.00 per year in staff time diverted from other projects or in acquiring new staff hires necessary to water and maintain the additional corner park flower beds. This Decision Packet seeks to add an additional $64,000.00 in ARPA funds to the Parks, Recreation, and Human Services budget to begin the process in 2023 of locating sites and constructing a minimum of four flower basket poles in each of Edmonds' four other business districts, for a total of 16 poles. This Decision Packet also seeks to direct $132,400.00 from the Goffette Bequest in 2023 to begin the process of locating sites and constructing a minimum of two corner parks for each of Edmonds four other business districts, for a total of eight additional corner parks. And this Decision Packet would also seek to directly fund the addition of flower baskets to each of the newly added signposts, for a total of an additional 32 flower baskets per year. c O U 2 0 m a� m U c O U T O z N d U C 7 O U O E U 2 r Q Packet Pg. 332 9.6.g Staff Proposed Changes DP # or New Expense Increase Revenue Increase Eden DP Item Submitter Fund Description (Decrease) (Decrease) Str-23010 75 Planning & Development 125 2023 Pedestrian Safety Program 60,585.00 2,085.00 410-23005 14 Police Dept. 001 Patrol Support (755,422.00) 410-23005 14 Police Dept. 001 Patrol Support 633,852.00 410-23001 2-N Police Dept. 001 Community Engagement Package 121,570.00 640-23004 15-N Parks 001 Changes to Recreation Programs 60,879.00 60,879.00 Human Services 001 Reduction in Human Services Program (335,000.00) Cap-23004 29-N Engineering 001 Edmonds Marsh Water Quality Improvement Project 30,000.00 422 Edmonds Marsh Water Quality Improvement Project 366,843.00 214,007.00 720-23001 28-N Public Works 001 Design costs for New Roof for Material Bunker 25,000.00 111 Design costs for New Roof for Material Bunker 25,000.00 25,000.00 421 Design costs for New Roof for Material Bunker 12,500.00 422 Design costs for New Roof for Material Bunker 25,000.00 423 Design costs for New Roof for Material Bunker 12,500.00 Str-23001 64 Engineering 001 2023 Pavement Overlay Program (18,400.00) 112 2023 Pavement Overlay Program (500,000.00) New Police Dept. 001 K-9 Package (waiting for additional information) 670-23004 24-N Engineering 001 Commute Trip Reduction 18,000.00 New Finance All Funds VEBA Amounts (waiting for amounts) 680-23001 27-N Public Works 001 Street Vehicle Configuration Equipment 208,000.00 511 Street Vehicle Configuration Equipment 208,000.00 208,000.00 New ED/CS -ARPA 142 Household Suport Grant Program 1,000,000.00 New ED/CS -ARPA 142 General Business Support Program 50,000.00 New ED/CS -ARPA 142 Tourism Support 75,000.00 New ED/CS -ARPA 142 Non -Profit Support 500,000.00 360-23001 8 Finance 001 In -House Prosecuting Attorney (126,750.00) IF O .N N 7 t) N 8 d 7 m _ 7 O <.i O �I N C s V N O Q. O L IL M Cn m E z M Q Packet Pg. 333