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2023-04-25 City Council PacketOp E D o Agenda Edmonds City Council tnl. }nyo REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 APRIL 25, 2023, 7:00 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. REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE 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. PRESENTATION 1. Annual Report - South County Fire and Rescue (25 min) 5. APPROVAL OF THE AGENDA 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 April 25, 2023 Page 1 7. RECEIVED FOR FILING 1. Claim for Damages for filing (0 min) 2. Outside Boards and Committee Reports (0 min) 3. Written Public Comments (0 min) 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of Special Meeting Minutes of April 18, 2023 2. Approval of Regular Meeting Minutes of April 18, 2023 3. Approval of payroll and benefit checks, direct deposit and wire payments. 4. Approval of claim checks. 5. 2023 April Budget Amendment Ordinance 9. COUNCIL BUSINESS 1. Award Construction Contract for the 2023 Utility Replacement Project (10 min) 2. Edmonds City Attorney Direction Decision - Contract or In -House? (45 min) 10. MAYOR'S COMMENTS 11. COUNCIL COMMENTS ADJOURN Edmonds City Council Agenda April 25, 2023 Page 2 4.1 City Council Agenda Item Meeting Date: 04/25/2023 Annual Report - South County Fire and Rescue Staff Lead: Fire Services Department: City Clerk's Office Preparer: Scott Passey Background/History In 2005, the Washington State Legislature adopted a bill (HB 1756) that requires substantially career fire departments to maintain policy establishing the existence of the fire department, identifying the services provided and the basic organizational structure of the fire department, and the service delivery/response time objectives for the fire department for those emergency services. On November 3, 2009, the City and Fire District entered into an initial agreement for fire and emergency medical services. The agreement was later amended in 2012 to address a fire boat, and again in January 2015. The District and the City analyzed the performance of the agreement during the period of 2010 - 2016 (the "Introductory Period") and determined that it was in their mutual interests to revise and update the Agreement. This agreement, known as the "Restated Agreement" was executed on January 26, 2017. Sections 8.1 and 8.2 of the Restated Agreement outline the reporting and meeting requirements related to the provision of fire and emergency medical services in the City of Edmonds. The District Fire Chief is required to present an annual report covering the previous calendar year to the Edmonds City Council prior to March 1. Within 30 days of the annual report, the Edmonds City Council and Board of Fire District Commissioners are required to convene a joint annual meeting to discuss items of mutual interest related to the Restated Agreement. By mutual agreement, the City and SCF determined that each would be best served by having one full year of data regarding the 24-hour EMS transport unit Remedial Measure put into service on March 1, 2022, before holding the two annual meetings as stated in the ILA providing Fire/EMS services. Therefore, the annual report is scheduled tonight, and the joint meeting is scheduled for May 23, 2023. Staff Recommendation For information only. The opportunity for discussion/Q&A regarding the report will happen in the joint meeting next month. Narrative South County Fire & Rescue will provide the 2022 comprehensive annual report to the City on fire, paramedical services, training, prevention, and public educational activities. This report is intended to provide our elected officials and the community with a picture of how well the fire department has performed in meeting the adopted response objectives. Packet Pg. 3 4.1 Attachments: 2017 Fire District 1 EMS -Fire Agrmt Edmonds Annual Report 2022 FINAL opt 2022 Compliance Report Edmonds Packet Pg. 4 4.1.a REVISED AND RESTATED INTERLOCAL AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES THIS REVISED AND RESTATED INTERLGCAL AGREEMENT ("Restated ILA") by and between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 1, a Washington municipal corporation (the "District") and the CITY OF EDMONDS, a Washington city (the "City") is for the provision of fire and emergency medical services (EMS). WHEREAS, a consolidated Fire and EMS service, by a single vendor or through a Regional Fire Protection Service Authority (RFA), has recently gained support of most elected officials in Southwest Snohomish County; and WHEREAS, the City and District agree that a long-term agreement between the City and the District for fire and emergency medical services is beneficial to the City and District and their stakeholders; and WHEREAS, on November 3, 2009, the City and District entered into an Interlocal Agreement (the "Agreement") for the District to provide fire and emergency medical services to the City beginning January 1, 2010; WHEREAS, such Agreement was amended pursuant to a First Amendment dated April 17, 2012 to address a fire boat; and WHEREAS, such Agreement was amended pursuant to a Second Amendment approved on January 27, 2015; and WHEREAS, the District and the City are authorized, pursuant to Chapter 39.34 of the E a� Revised Code of Washington, to enter into Interlocal Agreements which allow the District and a the City to cooperate with each other to provide high quality services to the public in the most a� efficient manner possible; and d) WHEREAS, the parties have analyzed the performance of the Agreement during the w r period of 2010 — 2016 (the "Introductory Period") and have determined that is in their mutual interests and the interests of their respective stakeholders to revise and update the Agreement; n and WHEREAS, the District and City now wish to revise and restate the Agreement as provided herein; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the City and District hereto agree as follows: 0. DEFINITIONS. The following definitions shall apply throughout this Restated ILA. Packet Pg. 5 4.1.a Adjustment Year: The year in which a new collective bargaining agreement (CBA) is effective between the District and the local chapter of the IAFF. When a new CBA has retroactive effect, the Adjustment Year shall be the date to which the CBA is retroactively applied. For example, if a CBA expires on December 31, 2014 and a new CBA is executed on December 1, 2016 but made retroactive to January 1, 2015, the Adjustment Year would be 2015. b. Assigned: As used in the definitions of Unit Utilization Factor and Neighboring Unit Utilization Factor, the term "Assigned" shall describe the period of time in seconds from dispatch time to clear time, when the Unit becomes available to respond to another call c. City: City of Edmonds. d. City Fire Stations: Fire Station 16, Fire Station 17, and Fire Station 20. e. Commencement Date: January 1, 2010. f. Contract Payment: The amount that the City shall pay to the District pursuant to this Restated ILA. g. District: Snohomish County Fire Protection District No. 1. Edmonds Unit: An Edmonds Unit is any Unit based at one of the City Fire Stations with the exception of the Battalion Chief. Effective Date: February 1, 2017- E Esperance: "Esperance" refers to the entirety of the contiguous unincorporated area a that is completely surrounded by the City of Edmonds and commonly known as L Esperance. Cn k. Esperance Offset: The amount of tax revenue and fire benefit charges, if fire benefit w charges are imposed in the future, to be received by the District from Esperance for the year in which the Contract Payment is calculated. The Esperance Offset shall not drop below $1,117,150 (the amount derived by multiplying the 2017 Esperance Assessed o Value of $565,469,115 by the District's 2017 tax rate of $1.97561714741 divided by L 1,000) even if the actual tax revenue received by the District drops below that amount as a result of reductions in assessed valuation or tax rate. The Esperance Offset for any given year shall not exceed $1,117,150, multiplied by the compounded percentage increase in City Station Personnel Costs from 2017 to the year for which the Esperance Offset is being calculated. For example, if City Station Personnel Cost increases 3% from 2017 to 2018 and 4% from 2018 to 2019, the 2019 cap for the Esperance Offset would be $1,197,516 and be calculated as follows: Packet Pg. 6 4.1.a $1,117,150 x 1.03 = $1,150,664 x 1.04 = $1,196,691 I. District Fire Chief: The Fire Chief of Snohomish County Fire Protection District No. 1. m. Firefighters: Full-time, compensated employees, captains, firefighters, emergency medical technicians, and/or paramedics. n. Insurance: The term "insurance" as used in this Restated ILA means either valid insurance offered and sold by a commercial insurance company or carrier approved to do business in the State of Washington by the Washington State Insurance Commissioner or valid self-insurance through a self-insurance pooling organization approved for operation in the State of Washington by the Washington State Risk Manager or any combination of valid commercial insurance and self-insurance pooling if both are approved for sale and/or operation in the State of Washington. o. Law: The term "Jaw" refers to state and federal statutes and regulations. Unless expressly identified herein, City ordinances, codes and resolutions shall not be considered "law." p. Material Breach: A Material Breach means the District's failure to provide minimum staffing levels as described within this Restated ILA, the City's failure to timely pay the Contract Payment as described within this Restated ILA, or the City's or District`s failure to comply with other material terms of this Restated ILA. q. Neighboring Unit Utilization Factor: See Exhibit E. E a r. Negotiation Threshold. A designated occurrence or condition that requires the parties a aD to renegotiate the Restated ILA. v� s. Non -Edmonds Unit: A Non -Edmonds Unit is any Unit stationed at any station other w than the City Fire Stations. r t. Transport Balance Factor: See Exhibit E. u. Unit: A Unit is a group of Firefighters that work together and are based at the same station. Where a station is staffed by three firefighters at any one time, that station shall be considered a Unit. Where a station is staffed by five or more firefighters at any one time, without counting the Battalion Chief or Medical Services Officer, that station shall be deemed to have two Units and the District shall clearly allocate the Firefighters at that station in such a manner that the two Units at that station can be clearly distinguished for the purposes of determining the Unit Utilization Factor for each Unit. v. Unit Utilization Factor: See Exhibit E. Packet Pg. 7 4.1.a w. Wind -Up Period: Except in the context of Material Breach as defined in Section 10.2, the two years immediately following notice of termination under 11.2. 1. SCOPE OF SERVICES 1.1 Services Provided. The District shalt provide all services necessary for fire suppression, emergency medical service, hazardous materials response, technical rescue, and disaster response (not including an Emergency Operations Center, which is provided by the City at the time of this Restated ILA) to a service area covering the corporate limits of the City of Edmonds. In addition, the District shall provide support services including, but not limited to, fire marshal, fire prevention and life safety, public education, public information, and fleet maintenance, payroll and finances, human resources, and legal and risk management pertaining to the operations and delivery of the District's services. 1.2 Training, Education, and Career Development. The District shall provide training and education to all firefighter and emergency medical service personnel in accordance with State, County and local requirements. Furthermore, the District shall offer professional development and educational and training opportunities for unrepresented and civilian employees. 1.3 City Fire Chief, The District Fire Chief shall be designated as the City Fire Chief for purposes of statutory provisions, regulations and the Edmonds City Code. 1.4 District Fire Chief Designates Fire Marshal. The District Fire Chief shall designate an individual to serve as City Fire Marshal, and shall assign necessary personnel to support E L the functions and needs of the Fire Marshal as mutually agreed to and partially funded a by the City (See Exhibit A), subject to the City's right to provide its own fire inspectors L pursuant to Section 2.8.2, below. U) 2. STANDARDS FOR SERVICESISTAFFING w 2.1 Battalion Chief. A Battalion Chief shall continue to be available for response within the City twenty-four (24) hours per day, seven (7) days per week as during the Introductory Period. The District agrees to provide Incident Command response for all emergency incidents twenty-four (24) hours per day, seven (7) days per week. 2.2 Fire Station Staffing. The City Fire Stations shall each be staffed twenty-four (24) hours per day, seven (7) days per week with a minimum of one (1) fire captain and two (2) firefighters, at least one of whom shall be a firefighter/paramedic. Any increase in staffing above this level shall not increase the Contract Payment unless the increase occurs through an amendment of this Restated ILA. 2.2.1 The parties shall renegotiate this Restated ILA upon the occurrence of any of the following Negotiation Thresholds: 4 Packet Pg. 8 4.1.a a. When the Unit Utilization Factor ("UUF") at any one of the City Fire Stations exceeds 0.250; b. When the Neighboring Unit Utilization Factor ("NUUF") is out of balance as defined in this Restated ILA, PROVIDED THAT this subsection shall not trigger a renegotiation any earlier than January 1, 2018.. c. When the Transport Balance Factor (TBF} is out of balance as defined in this Restated ILA, PROVIDED THAT this subsection shall not trigger a renegotiation earlier than January 1, 2018. d. When the Esperance Offset drops by ten percent (10%) or more over any consecutive three (3) year period. 2.2.2 The District shall provide written notice to the City ("Threshold Notice") whenever any of the foregoing Negotiation Thresholds occurs. Within thirty (30) days of issuance of a Threshold Notice, the parties shall meet to renegotiate this Restated ILA. Such negotiations shall include, at least the following topics: (i) Methodologies intended to reduce the UUF substantially below 0.250 or to balance the NUUF or TBF, as applicable (collectively "Remedial Measures"). Remedial Measures may include, but shall not be limited to, changes to the staffing mix and/or levels, adding another Unit; changing fire response plans in CAD, and/or implementing other service changes; and Adjusting the Contract Payment to account for the District's increased Q cost in employing the selected Remedial Measures. Where the Threshold Notice pertains to subsection 2.2.1(d), topics of M negotiation shall include increasing the amount of the Esperance Offset a aD andlor reducing staff and/or reducing overhead charges that are billed to U- the City. w 2.2.3 The District shall identify various Remedial Measures that are likely to r r expeditiously achieve the applicable goals in Section 2.2.2(i). The City may opt to L identify and notify the District about alternative Remedial Measures. After consulting with N the District, the City shall select one or more of the Remedial Measures and shall provide written notice of same within one hundred twenty (120) days following the ii issuance of the Threshold Notice (the "Negotiation Deadline"). The City's selection shall r be subject to mediation under paragraph 18.1 if the Di strict finds the City's selection to N be ineffective or inappropriate, but it shall not be subject to arbitration under paragraph 18.2. Any disputes regarding the cost impacts of the City's selection shall be subject to E the complete Dispute Resolution procedures, and any adjustment to the Contract Payment arising out of the Dispute Resolution Procedures shall be retroactive to the Q earlier of the Negotiation Deadline or the date that the Remedial Measures were initially employed. If the City fails to designate one or more Remedial Measures by the Negotiation Deadline, such failure shall be deemed a Material Breach. Packet Pg. 9 4.1.a 2.2.4 The parties shall endeavor to execute an amendment prior to the Negotiation Deadline. If the parties cannot agree upon an amendment to this Restated ILA before the Negotiation Deadline, either party may terminate the Restated ILA pursuant to 11.2, PROVIDED THAT during the ensuing two-year Wind -Up Period, the District shall be authorized to increase service levels at the City Fire Stations as it deems necessary, and FURTHER PROVIDED THAT the marginal increase in the Contract Payment resulting from any such ❑istrict-imposed service level increases during the Wind -Up Period shall be shared equally by the parties during the Wind -Up Period. 2.3 Shift Arrangements. The City prefers that the following shift arrangements apply to personnel assigned to stations within the City: no Firefighter shall start a 24-hour shift at any of the City Fire Stations if that Firefighter has just completed a 48-hour shift at a City Fire Station or any other fire station in the District without having taken a rest day between shifts. The District commits that it will undertake in good faith, pursuant to Chapter 41.56 RCW, to negotiate successfully for those arrangements, to be implemented. 2.4 Review of Service Delivery Objectives. The parties acknowledge that the service delivery objectives adopted in 2006 ("Response Objectives") have never been met in 0 their entirety, even when the City had its own fire department. During the Introductory Period, the parties contracted for a particular staffing level at the City Fire Stations. It has a been recommended that the parties move toward a performance -based contract where the City pays for a particular level of service that is measured by service delivery objectives (e.g. response time) instead of a particular number of positions. The parties would like to continue to evaluate this recommendation, but acknowledge that it would Q take significant additional work to implement such a change, not the least of which includes adoption of achievable performance standards. The City and the District agree to work toward adoption of a revised set of service delivery objectives in the first quarter of 2018. 2.4.1 Turnout Time. The District has adopted a standard of 2 minutes and 15 seconds v� w on 90% of all calls. Failure to meet this standard shall not be deemed a Material Breach. T.- If this standard is not being met during calendar year 2017 for the City Fire Stations, the L District shall provide the City, no later than December 31, 2017, with a report containing N the following information: (i) a list of possible measures that could be implemented to L improve Turnout Time, (ii) the estimated cost of each measure (if reasonably available) U_ and (iii) estimates corcerning the amount that turnout time could be reduced with each r measure. 0 N 2.5 Reporting. The District agrees to annually report to the City in accordance with chapter 35.103 RCW. In addition to the regular quarterly report content and the content required by law, the annual report shall contain the Neighboring Unit Utilization Factor for each of the following jurisdictions: Lynnwood and Mountlake Terrace. The annual report shall contain the total number of seconds that City Fire Stations responded to calls in Woodway and the total number of automatic aid responses from Shoreline into R Packet Pg. 10 4.1.a Edmonds. The annual report shall, to the extent practicable, also state the amount of transport fees that the District sought to recover from incidents occurring within the City and Esperance, respectively, and the amount of those fees that were actually recovered. If the District has data that identifies the number of seconds during which two or more Units were Assigned to different calls at the same time, it shall include that data in the annual report. 2.5.1 Quarterly Reporting. In addition, the District shall provide a quarterly report to the City Clerk, no later than 30 days after the end of each quarter. The quarterly report shall contain the Unit Utilization Factor for each of the City Fire Stations, the Transport Balance Factor, as well as the turnout time, travel time, and overall response time. 2.6 [section relocated for clarity] 2.7 Criteria -Based 9-1-1 Dispatch. It is understood and agreed by the City and ❑istrict that the dispatch of Units during emergencies is determined by criteria -based dispatch protocols of the dispatch centers and Automatic Vehicle Location (AVL). Nothing herein shall require the District to respond first within the City as opposed to other areas served by the District. The City and District recognize that responses to emergencies skull be determined by the District based upon dispatch protocols; the location of available Units and the District's operational judgment, without regard to where the emergencies occur. 2.8 Level of Service Changes. During the term of this Restated I LA, service level changes o: may be mandated that are beyond the control of either party. Additionally, either party Z may desire to change the service level, including but not limited to, those services a identified in Section 1 Scope of Services and Section 2 Standards for Services/Staffing. v When a service level change is mandated by law, adopted by the Edmonds City Council E as part of the City's chapter 35.103 RCW Response Objectives, or is mutually agreed to a by the parties, the City and the District shall renegotiate the Contract Payment at the L request of either party, If the parties are unable to reach agreement within one hundred 4- twenty (120) days after the change is mandated or mutually agreed, the matter shall be w subject to the complete Dispute Resolution procedures, and any adjustment to the r Contract Payment arising out of the Dispute Resolution Procedures shall be retroactive •2 to the date that the service level change was initially employed, Failure of either party to N participate in, or comply with, the Dispute Resolution Procedures in Section 18.1 and/or 0 aD 18.2 shall be deemed a Material Breach. 2.8.1 The City acknowledges that the District may be required by law to notify and bargain with the local chapter of the IAFF any level of service changes made pursuant to this section 2.8. 2.8.2 The City reserves the right to remove the Fire Inspector services from this Restated ILA upon one year's written notice to the District, in which case the Contract Payment shall be equitably reduced, PROVIDED THAT in no case shall such notice be provided less than 90 days prior to the beginning of a new fiscal year, AND FURTHER PROVIDED THAT the City shall consult with the District regarding the impacts of a Packet Pg. 11 4.1.a proposed removal of the Fire Inspector services at least 94 days in advance of the City providing such notice, AND FURTHER PROVIDED THAT if the City exercises this option, it shall provide fire inspection services using one or more inspectors with current or previous firefighting experience. 2.9 Response Time Questions. In the event that response times should consistently deviate from the City's Response Objectives, as they may be amended from time to time by the City, the District Fire Chief and the City Mayor, or their designees, shall meet and confer to address the cause, potential remedies, and potential cost impacts. 3. USE OF CITY FIRE STATIONS 3.1 Use of City Fire Stations. The City shall retain ownership of three existing City Fire Stations and shall make them available for use by the District pursuant to the terms set forth in Exhibit B. The parties acknowledge that none of these three fire stations are ideally located and that the City could be better served by two ideally located fire stations. The parties also acknowledge that the internal configuration of the City's three stations contributes to slower turnout times than could be achieved with new stations built according to current standards. In light of the above, the parties contemplate that the City may opt to replace the three current fire stations with two new fire stations for �o use by the District during the term of this Restated ILA. In the event of a conflict o between the provisions of the Restated ILA and Exhibit B, the provisions of Exhibit B shall control with respect to fire stations and fixtures contained therein, PROVIDED i THAT Exhibit B shall be amended in the event that the City moves to a two -station service, and FURTHER PROVIDED THAT nothing in Exhibit B shall be construed to a prevent the City from moving to a two -station service; and FURTHER PROVIDED, that the cost of providing turn key fire stations with equivalent technology to current fire E a� stations shall be borne entirely by the City. a CD L 3.1.1 In the event the City decides to replace or relocate any of the City Fire Stations, the City shall provide notice to the District concerning the location, design and layout of Cn w the new City Fire Stations, the time frame for completion, and any other information reasonably requested by the District to plan for the transition. Not later than thirty (30) U days following such notice, the parties shall meet to discuss the impact of any such L n changes on this Restated ILA and to negotiate an amendment to this Restated ILA to e address such impacts. The parties recognize that there may be initial cost impacts that are not ongoing, and the parties agree to negotiate these as well. The parties shall endeavor to execute an amendment no later than one hundred twenty (120) days following such notice to address such initial cost impacts. If the parties cannot agree upon an amendment to this Restated ILA within such time, either party may invoke the Dispute Resolution procedures. P Packet Pg. 12 4.1.a 3.2-3.3 [Completed. Deleted for clarityf 4. ANNUAL CONTRACT AND TRANSPORT FEES PAYMENT TERMS 4.1 Annual Contract Payment. The City shall pay the District a sum referred to as the Contract Payment for the services provided herein. The annual total amount of the Contract Payment shall be determined according to Exhibit C. The Contract Payment shall be paid in equal monthly installments by the 10" day of each month. Failure to pay monthly installments in a timely manner shall be considered a Material Breach as defined in the Definitions section of this Restated ILA. 4.1.1 If a service level change requiring an adjustment in the Contract Payment occurs on a date other than January 1, the Contract Payment shall be adjusted on the effective date of the service level change, and the monthly installment payments shall be adjusted accordingly. 4.2 Contract Payment Adjustment. Each year, no later than September 1, the District shall submit to the City an invoice for the ensuing year, including any revision to the Contract Payment for the ensuing year. 4.2.1 Annual Percent Increase Based on Labor Costs. The cost of City Station L Personnel identified in Exhibit C shall be adjusted annually pursuant to the negotiated °a labor collective bargaining agreement between the District and the local chapter of the IAFF ("CBA"}, provided that, notwithstanding the actual terms of the CBA, the City Station Personnel cost in Exhibit C shall increase from one labor agreement to the next no more than the greater of (i) the median increase in the total cost of compensation Q (i.e., combined cost of wages and benefits) of comparable fire agencies, (ii) the increase in the Consumer Price Index as measured by the CPI-W Seattle -Tacoma -Bremerton metropolitan area for the twelve (12) month period ending June 30, or (iii) the percentage increase in compensation awarded by an interest arbitrator. The phrase U- "comparable fire agencies" shall refer to a list of comparables agreed upon by the U) 2 Employer and Union through the collective bargaining process or the comparables w accepted by an interest arbitrator in an interest arbitration proceeding. r 4.2.1.1 The parties recognize that the cost of the District's community paramedic program is currently covered by grants. At the time the grants expire, the City may opt to continue the community paramedic program in which case Exhibit C shall be revised to add an equitable share of the cost of such community paramedics, taking into account the other jurisdictions that are served by the community paramedics. If the City opts not to continue with the program, the community paramedic program will not be continued within the City limits after the grant term ends. 1 The Parties acknowledge that a number of actions described in the Agreement have been completed. For clarity and conciseness, those provisions are removed and replaced with the words "Completed. Deleted for clarity." Packet Pg. 13 4.1.a 4.2.2 Adjustment Date Not Met. If a new CBA between the District and IAFF Local 1828 has not been finalized by September 1 of the final year of the then -effective CBA, the City Station Personnel costs and the Indirect Operating Costs for the ensuing year shall be adjusted following execution of the new CBA and shall be retroactive to January 1 of the Adjustment Year. For example, as of the date of this Restated ILA, the last CBA expired on December 31, 2014; thus, the Adjustment Year is 2015. In such instances, the District shall send the City (directed to the City Clerk), no later than September 1 of each year for which a CBA has not yet been executed for the ensuring year, a range within which the Contract Payment for the ensuing year is likely to fall, which range shall be informed by the current status of negotiations between the District and IAFF Local 182B. To enhance the District's ability to provide the City with a predictable range for the Contract Payment, the District shall, to the extent practicable, commence negotiations with IAFF Local 1828 no later than July 151 of any year in which a CBA is expiring, if a new CBA has not been executed by November Vt of the year in which a CBA is expiring, the District shall notify the City of the economic issues on which the parties have not reached tentative agreement. 4.2.3 Documentation of Labor Costs. Upon executing a new CBA, the District shall provide supporting documentation sufficient to allow the City to confirm that the labor costs have not increased more than the limits set forth in Section 4.2.1, including comparable agency compensation data used by the parties or the interest arbitrator to establish new compensation levels. 4.3 -4.4 [sections relocated and renumbered for clarity] 4.5 Indirect Operating Cost Portion of Contract Payment. The District shall determine the Indirect Operating Cost portion of the Contract Payment according to the following: E a • Overhead shall be ten percent (10%) of the cost of the City Station Personnel cost; L ■ Equipment maintenance and operation, medications, and supplies shall be ten 4- percent (10%) of the City Station Personnel cost; w ■ Fire Marshal allocation of fifty percent (50%) of wage and benefit cost of the position, r and Fire Inspector at one hundred twenty-five percent (125%) of wage and benefit cost of the position (See Exhibit A); and • Apparatus replacement costs based upon the District Apparatus Replacement Schedule —Rolling Stock designated as Exhibit D. The total of the City Station Personnel cost and the Indirect Operating Costs; plus any additional amounts due to annexations as provided in Section 4.6, less the "Esperance Offset", shall constitute the Contract Payment for the ensuing year. 4,6 Annexation. The City's Urban Growth Area contains property within the boundaries of the District. Should the City seek to annex portions of the District, the District will not oppose the annexation. In the event the City annexes portions of the District other than Esperance, the Contract Payment shall be increased by an amount calculated by applying the then current District levy rate and emergency medical services levy rate to 10 Packet Pg. 14 4.1.a the assessed value of the annexed area, plus revenue from a Fire Benefit Charge, if imposed, that the District would have received from the annexed area in the year in which the Contract Payment is calculated. The increase in the Contract Payment shall occur on the first month on which the District is no longer entitled to collect non - delinquent tax revenue from the annexed area pursuant to RCW 35.13.270(2). 4.6.1 Esperance Annexation. If the City annexes all of the area commonly referred to as "Esperance", the District will support the annexation. Whenever any portion of Esperance is annexed, the Esperance Offset attributable to the annexed area shall no longer be used to reduce the calculation of the Contract Payment at such time as the District is no longer entitled to collect non -delinquent tax revenue from the annexed area pursuant to RCW 35.13.270(2). 4.7 Significant Change in Cost of Providing Services. In the event that there is a material and significant increase or decrease in the costs of providing services under this Restated ILA because the District was required to comply with a legislative or regulatory decision by an entity other than the City, then at the request of either party, the City and District shall seek to renegotiate this Restated ILA and the Contract Payment to fully compensate the District for actual costs incurred according to the methodology in Exhibit C. An example of a significant increase in cost would be if the state required that fire engines be staffed with four firefighters per engine instead of three. If the City and District are unable to successfully renegotiate the Contract Payment in this context through good faith negotiations, then the complete Dispute Resolution provision of this Restated ILA shall apply. Failure of either party to participate in, or comply with, the Dispute Resolution Procedures in Section 18.1 and/or 18.2 shall be deemed a Material Breach. Nothing herein prevents either party from terminating the Restated ILA pursuant to Section 11.2, whether before or after exercise of the Dispute Resolution provisions of this Restated ILA. CD L_ 4.8 EMS Transport Fees. The District shall charge fees for the basic life support andCn advanced life support transports that it performs. As the EMS service provider for the w City, the District shall receive and pursue collection of all Transport Fees in accordance with District policy for transports that originate within the City limits. The District shall L remit the amount so received to the City, less an administration fee not to exceed the actual cost of collection on a quarterly basis. The District shall be responsible for, and agrees to prepare and provide in a timely fashion, reasonable documentation and/or reports to the City. 4.9 Creating Unfunded Mandates. The City shall not create any unfunded mandates for increased service or reporting by the District without fully compensating the District for actual costs incurred. 5. CITY EMPLOYEES 5.1-5.8 [Completed. Deleted for clarity]. 11 Packet Pg. 15 4.1.a 5.9 Former City Employees. The City shall indemnify, defend, and hold the District harmless from any and all demands, claims, or actions by former City personnel, which arise out of, or relate to, the time prior to the Commencement Date, provided, however, that the indemnification shall not apply to any claims arising as a result of the District's actions under the Agreement or the Restated ILA. 6. ROLLING STOCK (APPARATUS AND VEHICLES) 6.1 — 6.5 [Completed. Deleted for clarity]. 6.6 District Apparatus Replacement Schedule. The District has provided current information regarding existing and proposed Apparatus Replacement Schedule attached in Exhibit D. The District, in its sole discretion, may elect to purchase new rolling stock or otherwise assign District rolling stock for use within the City. 6.7 Public Safety Boat. Title to the City Public Safety Boat known as Marine 16 (the "Vessel") has been transferred to the District. The District's use of Marine 16 for training and emergencies as a county -wide asset is described in the First Amendment to InterlocaI Agreement for Use of Rescue and Fire Boat. Exhibit H to the Agreement is hereby deleted. 6.7.1 [Completed. Deleted for clarity] 6.7.2 The District assumes responsibility for maintenance and repairs to the Vessel. However, upon the District's request, the City agrees to provide maintenance and repair c services for the Vessel in exchange for receipt from the District of the City's normal a hourly shop rates for labor. E 6.7.3 The Apparatus Replacement Schedule (Exhibit D to the Agreement and the a Restated ILA) is amended to include the Outboard Motors of the Vessel for as long as L the Vessel is in operation. The amended Apparatus Replacement Schedule is attached hereto. The Contract Payment shall reflect the addition of the Outboard Motors to this 2 w schedule. r 6.7.4 [Completed. Deleted for clarity] 6.7.5 Use of the vessel by the City of Edmonds Police Department shall continue as agreed to before this Restated ILA. The City is solely responsible for maintaining and Certifying its operators. 6.7.5.1 The City's use of the Vessel is at the City's risk. The City acknowledges that the District is making no representations or warranties concerning the Vessel. Further, if the City uses the Vessel without a District operator, the City agrees to be solely responsible for all damage or loss to the Vessel and its apparatus while the Vessel is within the City's control and/or possession. 6.7.5.2 The City agrees to release the District from any claims associated with any training provided to it. The City further agrees to defend, indemnify and hold the 12 Packet Pg. 16 4.1.a District harmless from any and all claims for bodily injury or property damage arising out of the City's use and operation of the Vessel. 6.7.5.3 The City specifically and expressly waives any immunity that may be granted under the Washington State Industrial Insurance Act, Chapter 51 RCW as to any claims by its employees arising from the use of the Vessel. 7. EQUIPMENT 7.1 — 7.4 [Completed. Deleted for clarity] S. OVERSIGHT AND REPORTING 8.1 Agreement Administrators. The District Fire Chief and the City Mayor and/or their designees, shall act as administrators of this Restated ILA for purposes of RCW 39.34.030. During the term of this Restated ILA, the District Fire Chief shall provide the Mayor with quarterly written reports concerning the provision of services under this Restated ILA. The format and topics of the reports shall be as set forth in Section 2.5. The District Fire Chief shall present an annual report covering the previous calendar year to the Edmonds City Council prior to March 1, and at such meeting the Chief shall request, and the City Council shall schedule, the Joint Annual meeting provided for in section 8.2. 8.1.1 The parties agree to meet on a quarterly basis to address the performance of the Restated ILA. It is expected that these quarterly meetings will be attended by at least c one City Council member, the Mayor, the City Attorney, the Finance Director, the District a Fire Chief and at least one Commissioner from the District. E L 8.2 Joint Annual Meeting. In addition to the meeting(s) referred to in Section 8.1 above, the a Edmonds City Council and Board of Fire District #1 Commissioners shall have a joint annual meeting after, but within 30 days, of the annual report at a properly noticed place and time to discuss items of mutual interest related to this Restated ILA. w 8.3 Representation on_Infergovernmental Boards. The District shall represent the City on intergovernmental boards or on matters involving the provision of services under this Restated ILA as reasonably requested by the Mayor. The City reserves the right to represent itself in any matter in which the interests of the City and the District are not aligned or whenever any matter relates to the appropriation of or expenditure of City funds beyond the terms of this Restated ILA. 9. EXISTING AGREEMENTS 9.1 BEM, SNOCOM and SERS. The City currently has contractual relationships with other entities or agencies including the Department of Emergency Management (DEM) (or successor), Snohomish County Communications Center (SNOCOM) (or successor), and Snohomish County Emergency Radio System Agency (SERS) (or successor). The City shall maintain its representation and financial obligations with those entities or agencies 13 Packet Pg. 17 4.1.a and will act to represent itself and retain authority to negotiate on its behalf. At the discretion of the City, the District may provide representation on behalf of the City on various committees, boards, and/or commissions as requested, as appropriate, and/or as agreed to by mutual agreement of the parties. The parties shall meet to address any changes to the foregoing entities that result in a change to the City's representation or financial obligations. 9.2 Mutual and Automatic Aid. The District shall assume any of the City's remaining contractual responsibility and obligations for the provision of mutual and automatic aid. 9.3 Full Informations as Basis for Relationship. The City and District agree to coordinate their individual relationships with other entities and agencies so that the services under this Restated ILA will be provided in an efficient and cost effective manner. The City and District agree to keep each other fully informed and advised as to any changes in their respective relationships with those entities or agencies, whether or not those changes impact the City and/or the District obligations shall be provided to the other party in writing in a timely manner that allows a reasonable opportunity to discuss proposed changes in relationships or obligations. 10, TERM OF AGREEMENT 10.1 20-Year Agreement. The Effective Date of this Restated ILA shall be February 1, 2017. The Commencement Date of the Agreement was January 1, 2010, This Restated ILA shall continue in effect until December 31, 2030, unless terminated earlier as provided in section 11. After December 31, 2030: this Restated ILA shall automatically renew under the same terms and conditions for successive, rolling five (5) year periods unless terminated as provided in section 11. 10.2 Material Breach and Wind -Up Period. In the event of a Material Breach of this Restated ILA, the City and District shall, unless the City and District mutually agree otherwise, continue to perform their respective obligations under this Restated ILA for a minimum of twelve (12) months after notice of the Material Breach (the "Wind -Up Period") provided, however; that the Wind -Up Period shall be (i) ninety (90) days if the Material Breach involves the City's failure to make the Contract Payment or (ii) 180 days if the City fails to timely select a Remedial Measure following the District's issuance of a Threshold Notice; provided further, that during the Wind -Up Period, the City and District shall coordinate their efforts to prepare far the transition to other methods of providing fire and EMS service to the City. The City shall be responsible for all Contract Payment installments required herein until the conclusion of the Wind -Up Period. 11. TERMINATION AND RETURN OF ASSETS 11.1 (Completed. Deleted for clarity] 14 E L a L_ rn 2 w Packet Pg. 18 4.1.a 11.2 Termination — Notice. In addition to terminating this Restated ILA for a Material Breach, either party may terminate this Restated ILA at any time by providing the other party with two (2) years written notice of its intent to terminate. 11.3 Termination Costs_ Except as otherwise provided herein, the costs associated with terminating this Restated ILA shall be borne equally between the parties, or in the event of a Material Breach, by the breaching party, provided that in the following circumstances, the cost of termination shall be apportioned as provided below. 11.3.1 Termination Due to Change in Law or by Mutual Agreement. In the event that this Restated ILA is terminated due to a change in law or by mutual agreement, each party shall bear its own costs associated with the termination. 11.3.2 Regional Fire Protection Service Authority. In the event that the District, along with one or more fire protection jurisdictions, elects to create a Regional Fire Protection Service Authority Planning Committee (`RFA Planning Committee") as provided in RCW 52.26.030, the District agrees to notify the City of its intent and subject to mutual approval of the District and other participating jurisdictions, to afford the City an opportunity to be a participant on the RFA Planning Committee. Declining the opportunity to participate in the RFA Planning Committee shall not be construed as a Material Breach on the part of the City. In the event that a Regional Fire Protection Service Authority (RFA) or another legally recognized means of providing fire and emergency medical services is created, inclusive of District, the District's powers and duties under this Restated ILA shall be assigned to the RFA as the District's successor - in -interest as provided by RCW 52.26.100, 11.3.2.1 If the District forms a RFA with any other agency, the parties shall E confer to determie whether any efficiencies have resulted from the creation of the RFA a n that could warrant reconfiguring the service provided to the City. L ii 11.4 [reserved] 2 w 11.5 [reserved] r 11.6 Duty to Mitigate Costs. The City and District have an affirmative duty to mitigate their respective costs of termination, irrespective of the party who elects to terminate this Restated I LA and irrespective of the party who must bear the costs of termination. 11.7 Return of Assets to the City. Regardless of the reason for termination, the City and District agree that like assets purchased by and transferred to the District as part of the Agreement shall be purchased by the City as described below. This provision shall not apply to the formation of an RFA in which both the City and the District are participants. 11.7.1 Purchase Back Rolling Stock. All rolling stock in use by the District at the City Fire Stations at the time of termination shall be purchased back at a price that considers the fair market value of the asset and any adjustments to fair market value that would be 15 Packet Pg. 19 4.1.a fair and equitable, including, for example, City contributions to apparatus replacement, costs incurred by the District for acquisition, maintenance, and repair, depreciation, etc. 11.7.2 Purchase Back Equipment. All equipment in use by the District at the City Fire Stations at the time of termination shall be purchased back at fair market value. 11.7.3 tCompleted. Deleted for clarity] 11.7.4 District Employees. The District shall indemnify, defend and hold the City harmless from any and all demands, claims, or actions by District personnel, which arises out of or relate to the time that such personnel were employees of the District, PROVIDED HOWEVER, that the indemnification shall not apply to any claims arising as a result of the City's actions during the term of the Agreement or the Restated ILA. 12, DECLINE TO MERGE 12.1 City Declines to Merge. In the event that the District enters into an agreement with any other fire district or agency that is functionally equivalent to a merger, the City may opt to terminate this Restated ILA without prejudice or penalty. To exercise this option the City shall provide written notice to the District of its intent to end the Restated ILA. Such notice shall be provided not more than ninety (90) days after receiving written notification from the District in accordance with the provisions of Section 19.1 that the District intends to merge with another entity. 12.11A Not a Material Breach. The City's decision to terminate under 12.1 does not c constitute a Material Breach of the Restated 1LA and none of the penalties associated Q with a Material Breach shall apply to the City. E 12.1.2 12-Month Notice. The City's notice shall provide an effective date of termination a which shall be no more than twelve (12) months after the City officially notifies the L District of its termination, unless otherwise agreed to by the parties, and the costs of termination shall be split evenly between the parties. w 12.1.3 City Exit from Agreement. If the City elects to terminate the Restated ILA because of an impending merger between the District and one or more other jurisdiction, the City's exit will be under the terms and conditions described in Section 11.7. 13. [deleted] 14. TOWN OF WOODWAY 14.1 Service to Woodway. The City may, in accordance with the terms herein, subcontract with the Town of Woodway to have the District provide fire and emergency medical services to the Town of Woodway. The City shall consult with the District in advance of entering into any such subcontract, and the District shall have the opportunity for input into any issues that may affect service and/or the cost of providing service. The City shall provide advance written notice to the District of at least twelve (12) months prior to any commencement of such service. The City's subcontracting of the District's service to 15 Packet Pg. 20 4.1.a Woodway shall not be considered an unfunded mandate, and no change in the Contract Payment shall result from such a subcontract, provided that the City is not requesting additional staff to serve Woodway. Any and all payments from such a subcontract with Woodway shall be paid to the City of Edmonds only. The District agrees not to compete with the City of Edmonds in such negotiations_ 14.1.1 If the City is requesting additional staff to serve Woodway, the parties shall renegotiate the Contract Payment retroactive to the date that the District begins providing the additional staff. If the parties have not executed an amendment prior to the commencement of service to Woodway, either party may invoice the Dispute Resolution procedures in Section 18.1 and 18.2; provided, however, that any adjustment to the Contract Payment arising out of the Dispute Resolution Procedures shall be retroactive to the date that the District begins providing the additional staff to serve Woodway. In this context, failure of either party to participate in, or comply with, the Dispute Resolution Procedures in Section 18.1 and/or 18.2 shall be deemed a Material Breach. 14.1.2 The City of Edmonds right to subcontract with the Town of Woodway constitutes the consideration for the City's agreement to incur the additional 9.13% in Exhibit C initially attributable to Woodway under the Agreement. 14.1.3 At the City's request, the District agrees to work with Shoreline Fire Department to adjust automatic aid responses into the Town of Woodway. 14.1.4 In the event that the Point Wells development is to become part of the service area for the District, such event shall be deemed a "Negotiation Threshold", and the negotiation provisions of 2.2.3 - 2.2.4 shall apply. 15. [Completed. Deleted for clarity] 16. CITY AND DISTRICT ARE INDEPENDENT MUNICIPAL GOVERNMENTS 16.1 Independent Governments. The City and District recognize and agree that the City and District are independent governments. Except for the specific terms herein, nothing herein shall be construed to limit the discretion of the governing bodies of each party. Specifically and without limiting the foregoing, the District shall have the sole discretion and the obligation to determine the exact method by which the services are provided within the District and within the City unless otherwise stipulated within this Restated I LA. 16.2 Resource Assignments. The District shall assign the resources available to it without regarding to internal political boundaries, but rather based upon the operational judgment of the District as exercised within the limitations and obligations of Sections 2.4 through 2.8. 16.3 Debts and Obligations. Neither the City nor District, except as expressly set forth herein or as required by law, shall be liable for any debts or obligations of the other. 17 E L a� a ii Ch 2 w Packet Pg. 21 4.1.a 17. INSURANCE 17.1 Maintenance of Insurance. For the duration of this Restated ILA, each Party shall maintain insurance as follows: Each party shall maintain its own insurance policy insuring damage to its own fire stations, real and personal property and equipment if any, and "policy" shall be understood to include insurance pooling arrangements or compacts such as the Washington Cities Insurance Authority (WCIA). The City shall maintain an insurance policy insuring against liability for accidents occurring on City owned property. Such insurance policy shall be in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than five -thousand dollars ($5,000.00). The District shall maintain an insurance policy insuring against liability arising out of work or operations performed by the District under this Restated ILA in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than five -thousand dollars ($5,000.00). The phrases "work or operations" and "maintenance and operations" shall include the services identified in Section 1. Scope of Services, the services of the Fire Marshal and the District Fire Chief, acting in the capacity of City Fire Chief and any obligation covered by Exhibit 6, Section 9. 17.2 Claims of Former City Employees. The City has provided proof of coverage that it has maintained insurance against claims by former City Personnel for incidents and occurrences which may have occurred prior to the Commencement Date of the Agreement, including but not limited to, injuries, employment claims, labor grievances, and other work -related claims. Such insurance was at all times in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more a than five -thousand dollars ($5,000.00). The City will hold harmless the District and its insurance provider for any such claims lawsuits or accusations that occurred prior to the a Commencement Date. L_ 17.3 Claims of Former District Employees. The District represents and warrants that it has cis maintained insurance against claims by District employees for incidents and occurrences w which may have occurred during the time period prior to the Commencement Date of the r Agreement, including but not limited to injuries, employment claims, labor grievances, and other work -related claims. Such insurance was at all times in an amount not less u) than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than five -thousand dollars ($5,000.00). 17.4 Hold Harmless. To the extent each party's insurance coverage is not voided, each party agrees to defend, indemnify and hold harmless the other party, its officers, officials, employees and volunteers from any and all claims, costs, including reasonable attorneys' and expert witness fees, losses and judgments arising out of the negligent and intentional acts or omissions of such party's officers, officials, employees and volunteers in connection with the performance of the Agreement or the Restated ILA. The provisions of this section shall survive the expiration or termination of the Agreement and the Restated ILA. 18 Packet Pg. 22 4.1.a 17.5 Release from Claims. Except as specifically provided in this Restated ILA, and except in the event of breach of this Restated ILA, the District and the City do hereby forever release each other from any claims, demands, damages or causes of action arising prior to the Commencement Date and related to damage to equipment or property owned by the City ar District or assumed under the Agreement or the Restated ILA. It is the intent of the City and District to cover this risk with the insurance noted above. 18. DISPUTE RESOLUTION It is the intent of the City and District to resolve ail disputes between them without litigation. In the event that any dispute between the City and District cannot be resolved by good faith negotiations between the City and District, then the dispute resolution provision of this Restated ILA shall apply. Excluded from these dispute resolution provisions are issues related to the legislative authority of the Edmonds City Council to make budget and appropriation decisions, decisions to contract, establish levels of service or staffing under Section 2 of this Restated ILA and Chapter 35.103 RCW and other policy matters that state law vests with the City Council. The above exclusions from the dispute resolution process shall not abridge the right of the District to pursue an increase in the Contract Payment as a result of any decision which, itself, is not subject to the Dispute Resolution provisions of this Restated ILA. Nothing herein shall prevent either party from providing notice of termination of the Restated ILA pursuant to Section 11,2 prior to completion of the dispute resolution processes described below; however, such notice shall not affect any obligations to proceed with the Dispute Resolution provisions. 18.1 Mediation. Upon a request by either party to mediate a dispute that is subject to the Dispute Resolution provisions, the parties shall mutually agree upon a mediator. If the a� City and District cannot agree upon a mediator within ten (10) business days after such a request, the City and District shall submit the matter to the Judicial Arbitration and L Mediation Service (JAMS) and request that a mediator be appointed. This requirement 4- N to mediate the dispute may only be waived by mutual written agreement before a party w may proceed to litigation as provided within this Restated ILA. Except for unusual r r reasons beyond the reasonable control of either party, mediation shall be completed L within ninety (90) days after the mediator is selected. Any expenses incidental to 0 mediation, including the mediator's fee, shall be borne equally by the City and District. aD 18.2 Binding Arbitration. If the City and District are unsuccessful in resolving any dispute subject to the Dispute Resolution provisions through mediation, either party may demand binding arbitration as provided herein, unless the nature of the dispute is not subject to arbitration pursuant to other provisions of this Restated I LA. 18.2.1 The arbitration shall be conducted by JAMS in Seattle, Washington or other mutually agreeable dispute resolution service. The dispute shall be governed by the selected arbitration service's Streamlined Arbitration Rules and Procedures. The parties shall agree on a JAMS arbitrator with twenty (20) days from the date the matter is submitted to JAMS. In the event that the parties fail to agree on a JAMS arbitrator within 19 Packet Pg. 23 4.1.a such time, then JAMS shall be asked to submit the names of at least three arbitrators. Each party shall have ten (10) days after receiving the list to strike one name from that list. JAMS shall select the arbitrator from the names on the list that have not been struck by either party. The parties may agree on another arbitrator in JAMS or another person at any time. In the event that JAMS is unable or unwilling to provide an arbitrator and the parties cannot otherwise agree, then either party may request the Snohomish County Superior Court to designate an arbitrator. 18.2.2 At any arbitration involving the Contract Payment, the arbitrator shall, as nearly as possible, apply the analysis used in this Restated ILA and supporting Exhibits to adjust the Contract Payment. The arbitrator may deviate from such analysis and use principles of fairness and equity, but should do so sparingly. 18.2.3 Unless the City and District mutually consent, the results of any binding arbitration session shall not be deemed to be precedent for any subsequent mediations or arbitrations. 18.2.4 The decision of the arbitrator shall be final and binding upon both parties, subject only to the right of appeal as provided in RCW 7.04; provided, however, that in arriving at such decision, neither of the parties nor the arbitrator shall have the authority to alter this Restated ILA in whole or in part. 18.2.5 The arbitrator cannot order either party to take action contrary to law. 18.2.6 The substantially prevailing party, if any, in any binding arbitration action shall be entitled to an award of its reasonable attorneys' fees and costs. Q 18.3 Litigation. For disputes that are not subject to binding arbitration, either party may file an at L action in Superior Court. Jurisdiction and venue for such actions shall lie exclusively in a aD Superior Court for Snohomish County, Washington, Each party expressly waives the right to a jury trial. The party substantially prevailing in any such action ❑r proceeding shall be awarded its reasonable costs and attorneys' fees. w r 19. MISCELLANEOUS PROVISIONS 19.1 Noticing Procedures. All notices, demands, requests, consents and approvals which may, or are required to be given by any party to any other party hereunder, shall be in writing and shall be deemed to have been duly given if delivered personally, sent by electronic mail (provided a read receipt is obtained by the sender), sent by nationally recognized overnight delivery service, or if mailed or deposited in the United States mail, sent by registered or certified mail, return receipt requested and postage prepaid to: District Secretary: City Clerk: Snohomish County Fire Protection District No. 1 City of Edmonds 12425 Meridian Avenue 121 5t" Avenue North Everett, WA 98208 Edmonds, WA 98020 K11 Packet Pg. 24 4.1.a Or, to such other address as the foregoing City and District hereto may from time -to -time designate in writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile transmission of any signed original document and retransmission of any signed facsimile transmission shall be the same as delivery of an original document. 19.2 Other Cooperative Agreements. Nothing in the Restated ILA shall preclude the City and the District form entering into contracts for service in support of this Restated ILA. 19.3 Public Duty Doctrine. This Restated ILA shall not be construed to provide any benefits to any third parties. Specifically, and without limiting the foregoing, this Restated ILA shall not create or be construed as creating an exception to the Public Duty Doctrine. The City and District shall cooperate in good faith and execute such documents as necessary to effectuate the purposes and intent of this Restated ILA. 19.4 Entire Agreement. The entire agreement between the City and District hereto is contained in this Restated ILA and exhibits thereto. This Restated ILA supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. This Restated ILA supersedes the Agreement except where provisions have expressly been omitted for clarity and conciseness. Only those exhibits referenced in this Restated ILA shall continue to be effective. 19.5. Amendment. This Restated ILA may be amended only by written instrument approved by the governing bodies of the City and District subsequent to the date hereof. Notwithstanding the foregoing, the parties agree that the formulas for NUUF, UUF, and TBF may be changed administratively by mutual agreement of the parties if executed by the Mayor and Council President (for the City) and the District Fire Chief (for the District) in the event that a significant change occurs which would affect such formulas (e.g. RFA is formed, changes in dispatch technology); provided however, that any changes to the formulas shall be consistent with the underlying intent. Dated this jjday of IPR- 017 SNOHOMISH COUNTY FIRE ECTION DISTRICT NO. 1 BY: By: 21 By: E a� a W L ii w Packet Pg. 25 4.1.a Approv j to form: By: _ (fiz? ❑isthc om CITY DP EDMONDS By: Attest: Approved as to form: By: City Attomey 22 Packet Pg. 26 4.1.a ►ARMi Approved as to farm: By: District Attorney CITY O INION1 By: Attest: - Approved as to form: By: City Attorney 22 Packet Pg. 27 4.1.a EXHIBIT A 1W:1 VITIl:T-"1:►1WAN 9]4Ia411►14;1=19311t97.7 1 In consultation with the City, the District Fire Chief shall designate an individual to serve as City Fire Marshal, and ensure the assignment of necessary personnel to support the needs and functions of the Fire Marshal as specified in the International Fire Code, City ordinances, and other fire service -related national, state, and local standards adopted and/or followed by the City- 2- As employees of the District, the City Fire Marshal and Fire Inspector shall perform all of the customary roles and duties associated with their positions: fire prevention; fire investigation; code development, application, interpretation, and enforcement, permit processes; plans review; records retention, response to public records requests and other legal summons; fire and life safety public education; and other duties as assigned in the City and throughout the jurisdictional areas served by the District. 3. The City agrees to pay fifty percent (50%) of the annual personnel cost (wages and benefits) of {providing one (1) Fire Marshal, and one hundred twenty-five percent (125%) of the annual personnel cost (wages and benefits) of providing one (1) Fire Inspector. 4. The City Engine Company Inspection Program shall be maintained in its current form unless modified by mutual agreement of the parties. 5. The City agrees to provide office space, office furnishings, computers, fax, copier, Q printer, telephone landlines, and postal support for the use of the Fire Marshal and Fire Inspector in Edmonds City Hall. a 6. All fees collected for Fire Permits/Special use, Fire Plan Checks, and Construction a Inspections shall be retained by the City. L ii w 23 Packet Pg. 28 4.1.a I WA MIM:1 USE OF FIRE STATIONS For as long as the Restated ILA remains in effect, the City hereby grants to the District exclusive use and possession of premises for use as fire stations on the terms and conditions described below. Three Fire Stations. The City shall provide use of the three fire stations located at 8429 - 196'h Street Southwest, 275 - 6'h Avenue North, and 23009 - 881h Avenue West in the City of Edmonds, Washington, PROVIDED THAT the City reserves the right to substitute these stations with new stations as further described in the Restated ILA. 2. Compliance with Applicable Codes. The fire stations provided by the City shall be compliant with all applicable codes, including without limitation, the applicable provisions of the Edmonds City Code and applicable Washington State Standards and regulations (currently WAC 296-305-06501 et seq.). 3. No Use Charge. No use charge shall be assessed to the District. The parties agree that the rights and contractual obligations contained within the Restated ILA constitute adequate consideration for District use and possession of the premises. 4. Utilities and Services. The City shall ensure the supply of all utilities necessary for the use of the premises, to include: water, sewer, garbage, heating, air conditioning, electrical power, telephone and information tech noIogylsystem data lines. 4.1 Cost for Utilities. The District shall be responsible for the cost of all utilities used on the premises, except for those utilities supplied by the City. if a separate meter is unavailable for any utility that the District is responsible to pay, then the cost shall be equitably apportioned to the District in a manner agreeable to both parties. 5. Conditions and Repairs. The City agrees to keep the premises and the buildings in good condition and repair as reasonably requested by the District for use as fire stations during the term of this Restated ILA at its own expense. The City shall at all times keep the buildings suitably equipped as fully functioning and operational fire stations. 6. Improvements, Upon District request, the City shall install such reasonable improvements as are normal and customary in connection with District use of premises set forth herein. The City shall pay for such improvements. 24 E a (D U) 2 w Packet Pg. 29 4.1.a 7. Removal of Personal Property Upon Termination of Agreement. Upon termination of this Restated ILA, the District shall remove all non -fixed equipment and personal property placed upon the premises by the District during the period of this Restated ILA unless those items are subject to repurchase by the City as provided in the Restated ILA. Any personal property not removed from the fire stations within 66 days after termination of this Restated I LA shall become the property of the City. 8. Maintenance of Premises. 8.1 Maintenance of the buildings, the premises and all improvements thereon is the sole responsibility of the City. Such responsibility includes without limitation, repair of walls, floors, ceiling, interior doors, interior and exterior windows and fixtures, sidewalks, landscaping, driveways, parking areas, walkways, building exterior and signs, 8.2 City shall maintain in good condition the structural parts of the fire stations and exterior buildings and structures which shall include emergency lighting, fences, enclosures, curbs, gutters and sidewalks, foundations, bearing and exterior wails, subflooring and roof, roof -mounted structures, unexposed electrical, plumbing and sewerage systems, including those portions of the systems lying outside the premises, exterior doors, apparatus bay doors, window frames, gutters, downspouts on the building and the heating, ventilating and air conditioning system servicing the premises. 8.3 All janitorial services for routine cleaning of the buildings shall be the a responsibility of the District. E 8.4 All grounds maintenance of the premises, to include fencing, enclosures, gates, L a landscape, stairs, rails, curbs, gutters, sidewalks, drains, and water retention structures L shall be the responsibility of the City. 4- 9. Insurance and Financial Security. rn w 9.1 The parties agree that the City shall not be responsible to the District for any T property loss or damage done to the District's personal property occasioned by reason L n of any fire, storm or other casualty whatsoever beyond the control of the City. The 0 aD District shall insure its personal property located on the premises. LL 9.2 The District shall not be responsible to the City for any loss or damage to the buildings or premises that is not caused by the sole negligence of the District, The City shall insure the premises and buildings against such loss or damage. The District shall repair any damage to the buildings caused by its sole negligence 9.3 In the event of a casualty loss that renders the premises reasonably unsuitable for the use set forth herein, the City shall provide the District with another suitable location(s) for the District until such time as the premises have been repaired. The cost 25 Packet Pg. 30 4.1.a of repairs, and the costs of relocation between the premises and the substitute locations), shall be borne by the City. 10. Indemnification for Environmental Claims: Each party shall indemnify and hold the other party harmless from any and all claims, demands, judgments, orders, or damages resulting from the release of hazardous substances on the premises caused in whole or in part by the activity of the indemnifying party, its agents, employees, licensees or invitees. The term "hazardous substances" shall mean any substance heretofore of hereafter designated as hazardous under the Resource Conservation and RecoveryAct, 42 U.S.C.Sec. 6901 et sea.; the Federal Water Pollution Ccntroi Act, 33 U.S.C. Sec. 1257 et seg.; the Clean Air Act, 42 U.S.C. Sec. 2001 et_ _ seg.; the Comprehensive Environmentai Response Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9501 et. Seq.; or the Hazardous Waste Cleanup -Model Toxic Control Act, RCW 70.105D all as amended and subject to all regulations promulgated thereunder. 11. Indemnification and Hold Harmless: Each party agrees to protect, save, defend, hold harmless and indemnify the other party, its officers, employees and agents from any and all demands, claims, judgments, or liability for loss or damage arising as a result of accidents, injuries, or other occurrences on the premises, occasioned by either the negligent or willful conduct of the indemnifying party, regardless of who the injured party may be. 12. Termination of Agreement. Upon termination of this Restated ILA or any extension 3 thereof, whether by expiration of the stated term or sooner termination thereon as provided in the Restated ILA, the District shall surrender to City the premises peaceably Q and quietly. E L 13, Default and Remedies. a a� L 13.1 Failure of the City to perform repairs or maintenance to the buildings or premises as described in 8 above within a reasonable period after notice by the District shall constitute a Material Breach under the terms of w this Restated ILA. For purposes of this Restated ILA, a reasonable period shall be r r construed to mean five (5) business days, for repairs and maintenance that could feasibly be performed in such time. 13.2 Notwithstanding anything to the contrary, if the nature of the repair constitutes an operational, safety, and/or security emergency which materially affects District use of the premises or building for their intended purpose, the City shall perform the repair as soon as possible regardless of the day or hour and no later than forty-eight (48) hours after receiving notification from the District. 13.3 If the City fails to timely perform the repair or maintenance under the conditions described above after notification, the District may have such repair or maintenance performed at City expense. The cost of the repair or maintenance shall be forwarded to the City, which shall pay the cost within thirty (30) days after notice. Notwithstanding anything to the contrary, the City shall not be in breach of any repair or maintenance 26 Packet Pg. 31 4.1.a obligation herein if the repair cannot be completed within the time set forth herein so long as the City is diligently pursuing completion of the repairs. 27 Packet Pg. 32 EXHIBIT C CONTRACT PAYMENT 4.1.a Station Costing Model Station Personnel (FTEs) FTE Battalion Chiefs FTE Captains FTE Firefighter/Paramedics FTE Firefighters Firefighter/Paramedics-12 Hour Firefighters-12 Hour 2017 5ta 16, 17, 20 All Cross Staffed\ALS Average Wage & Benefits per FTE Position 2.424 1 186,248 13.746 161,593 18.000 147,936 9,492 133,343 147,936 133,343 Total Positions 41.239 FTE Factor 4.582 Station Staffing 9,600 a ADD: Administrative Overhead 10% Maintenance & Operations 10% Apparatus Replacement 2017 TOTAL SUPPRESSION/EMS CONTRACT COST 2017 Esperance AV 565,469,115 Esperance Est. Property Tax Revenue ADD: Additional Staff Paid Separately by the Contracting Agency Fire Chief Assistant Chief Deputy Chief Department Manager Executive Assistant Manager Professional/5pecialist Admin Assistant Technicians Fire Marshal Deputy Fire Marshal jinspector] Count Total Labor Costs I per Position 451,465 2,221,260 2,662,854 1,265,692 270 127 127 062 23 (1,11 ?,ISO) 7,114,436 254,227 213,009 199,030 0.500 203,408 101,704 17— 1.2s0 169,958 212,448 TOTAL ADDITIONAL COSTS TOTAL FIRE/EMS SERVICES COST Cost of living increases based on CPI-W, not Comps 1 314,152 1 ..7 a 28 Packet Pg. 33 4.1.a EXHIBIT D APPARATUS REPLACEMENT 29 L 0 Q N� 76 a E L a L_ 4- Cn G W T V �L L_ LL T 0 N r C d E s V fC r Q Packet Pg. 34 4.1.a EXHIBIT E Definitions Subject to Administrative Amendments Pursuant to Article 19.5 1. NEIGHBORING UNIT UTILIZATION FACTOR. Neighboring Unit Utilization Factor or NUUF is the method used by the parties to determine how much time Units associated with one jurisdiction are Assigned to calls in another jurisdiction. Because the District provides service across a number of different cities and unincorporated areas, and because those various jurisdictions make payments to the District for those services, Neighboring Unit Utilization Factor is relevant even where a District Unit is dispatched to a call that is still within an area served by the District but outside of the normal area served by that Unit. NUUF is determined by converting the following fraction to a decimal rounded to the nearest thousandths: l►Loll] M total seconds that non -Edmonds Units are Assigned to calls in Edmonds over the previous calendar year total seconds that Edmonds Units are Assigned to calls outside of Edmonds over the previous calendar year E Formula_ Explanation: In this fraction, the numerator shall equal the total number of seconds that non -Edmonds Units are assigned to calls in Edmonds (not including Esperance, unless a W Esperance is annexed) over the previous calendar year. The denominator shall equal the total number of seconds that Edmonds Units are assigned to calls outside of Edmonds (Esperance U) shall be considered "outside of Edmonds" for the purpose of this calculation unless Esperance w is annexed) over the previous calendar year. r Calculation: Neighboring Unit Utilization Factor shall be calculated separately for the City of Lynnwood (stations 14 and 15 combined) and any non. -Edmonds unit within the District, e.g., Station 19, for as long as Lynnwood and the District are not part of the same Regional Fire Authority. Determination of Whether NUUF is in Balance: Unlike the Unit Utilization Factor, the NUUF need only be calculated on an annual basis after the completion of each calendar year. NUUF shall be considered balanced if the NUUF falls somewhere between 0.900 and 1.1 00. For example; if Lynnwood's Units are assigned to calls in Edmonds that total 1,000,000 seconds during a calendar year, and Edmonds Units are assigned to calls in Lynnwood that total 1,095,000 seconds during a calendar year, the NUUF for that year would equal 0.913 and would be considered in balance. If, on the other hand, the numerator were to remain the same; but the 30 Packet Pg. 35 4.1.a Edmonds Units are assigned to calls in Lynnwood that total 880,000 seconds, the NUUF for that year would equal 1.136 and would be considered out of balance. Special Calculation for 2017: Since this Restated ILA takes effect after January 1, 2017, the 2017 NUUF shall be calculated proportionally for that portion of 2017 following the Effective Date. 2. TRANSPORT BALANCE FACTOR. Transport Balance Factor (TBF) is the method used by the parties to determine how frequently Units associated with one jurisdiction transport patients resulting from calls in another jurisdiction. Because the District provides service across a number of different cities and unincorporated areas, and because Edmonds is entitled to receive transport fee revenue for all District transports resulting from calls in Edmonds regardless of whether the transport is performed by an Edmonds Unit or a non -Edmonds Unit, Transport Balance Factor is relevant to whether transport fees are being distributed in an equitable manner. TBF is determined by converting the following fraction to a decimal rounded to the nearest thousandths: TBF = number of transports that non -Edmonds Units provide from calls in Edmonds over 6 months number of transports that Edmonds Units provide from calls outside of Edmonds over 5 months Formula Explanation: In this fraction, the numerator shall equal the total number of transports that non -Edmonds Units provide from calls in Edmonds (not including Esperance, unless Esperance is annexed) over the previous six-month period. When an Edmonds Unit and a non -Edmonds Unit both respond to a call in Edmonds and the non - Edmonds Unit transports the patient, that call may not be counted in the numerator, even if the Edmonds Unit responded with a non -transport vehicle. The denominator shall equal the total number of transports that Edmonds Units provide from calls outside of Edmonds (Esperance shall be considered "outside of Edmonds' for the purpose of this calculation unless Esperance is annexed) over the previous six-month period. Determination of Whether TBF is in Balance: TBF shall be considered "balanced" if the TBF €ails somewhere between 0.900 and 1.100. While TBF is intended to be analyzed by looking back over the previous six months, during 2017, a special quarterly TBF shall be calculated that looks at TBF on a quarterly basis and adjusts the calculation method accordingly. The quarterly analysis shall be performed beginning with the second quarter 31 Packet Pg. 36 4.1.a of 2017. The quarterly TBF is intended to give the District the ability to analyze the effect of minor dispatch adjustments before TBF could result in a Threshold Notice being issued. 3. UNIT UTILIZATION FACTOR UUF = Unit Utilization Factor or UUF is the method used by the parties to determine how busy a particular Unit is. Unit Utilization Factor is determined by converting the following fraction to a decimal rounded to the nearest thousandths: number of seconds a Unit is Assigned to all calls over the previous twelve-month period 31,536,000 Formula Explanation: In this fraction, the numerator shall equal the total number of o seconds a Unit is Assigned to all calls over the previous twelve-month period. The Q- a� denominator shall always be 31,536,000 (the number of seconds in a twelve-month period). Because this contract initially contemplates exactly one Unit at each station, with each station having multiple apparatus types, the total number of seconds a Unit is a Assigned to all calls shall be the total for all apparatus types used by that Unit. The activity of the Battalion Chief and Medical Services Officer shall not be counted in the E numerator for any unit. For example, if, over the previous twelve-month period, Engine a 20 was Assigned to calls totaling 72,089 seconds, and Ladder 20 was Assigned to calls ;v totaling 229,320 seconds, and Medic 20 was Assigned to calls totaling 4,008,640 seconds, then the calculation for UUF would be made as follows: Cn w 4,310,049 UUF = = 0.1366 (rounded to 0.137) 31,536,000 Frequency of Calculation: Unit Utilization Factor shall be calculated as soon as possible after the end of each quarter, looking back over the previous twelve-month period. While UUF is intended to be analyzed by looking back over the previous twelve months, during the each of the last three quarters of 2017, a special UUF shall be calculated that looks at UUF on a quarterly basis and adjusts the calculation method accordingly. The quarterly analysis during 2017 is intended to keep data from the service delivery model prior to the Effective Date from contaminating the data applicable to the Restated ILA. 32 Packet Pg. 37 South County Fire by the numbers 15 neighborhood fire stations14 staffed 24/7, including three fire `"'- Lake Serene Lake Mill stations in Edmonds Stickney Creek 300+ uniformed personnel 70 firefighters on duty during the day and 64 overnight including 6,038 in Edmonds s� s�. /% Most 911 callsthe City of Edmonds 0 &' Corner uninaM 7-7Wri1i, errace rie Martha ra Lake f� South County Fire LL serves nearly N o 300,000 people r across 53 square C miles in south Snohomish County Mill Creek annexed into the regional fire authority in 2022. The cities of Brier and Mountlake Terrace, currently served by contract, are voting on annexation on April 25. 2 Packet-Pg. 39 South County Fire Service Area March 1, 2022 MARINE 16 0 P- STATION 23 -'R Pe k Act r } ! iii MgaIC Aid a12 1IQ 'IP C[1 Englna 11 It it P` STATION 10 Unit n I1 .�, T—k y yy Truck SIP rIP TS STATION 15 STATION 14 Umnnl` I1 f 11 ` il Peak ActI RYMa�dle Medle U. {i Fl � i UnR STATION 1$ ��� Ladder �� AIRSS: Scene truck f[I f[1 r�S cvPnort trudt meam li Fi n yy Unit rQ ... Flta .. FNe � iIP '1P Engine 11 It Battalion r-9 11- UW.rl Chlef �. 1 STATION 17 I11 r�P11t STATION 18y ' MtIc Unit +IfQ Fre >KA hrt !rQ _• rS rS 'E"gi".STATION 19 STATION 20 _ Unit jQ L lMlni[� • Engine 'IQ 'IP 1 re ri i.�Flre Englnd 0- STATION 11 A peak pclMtr M I rram�!-�i Metlic/'y-y��Ty-,.I 1_I Unit I li 11 777 .I FlIC Engine gaitalloe —. Chief r P- STATION 21 L-^ � Unit ri ri Flre li Engind � Fi DAM" Ii ![Q BOAMl FS !S Battalion PAP V�r SoMcds +I} [•.��offlcer It P- STATION 22 Will' AP E�gne 911 !QP Ii rl STATION 12 ' Meal. ` 11 L-� i unit / '1 i. Flre r�i +IQ r�-_-.�y Englnd Fi !i LiH— (Hum.t) STATION 13 " HUnit \ ! Q unit 11 a. Nre � rMP IrP 3y Engine PI rl 4.1.b Serving Our Residents • Fires • Medical emergencies • Motor vehicle collisions • Hazardous materials • Rescues • Marine / Water • Other hazards and emergency situations • Community health, safety and risk reduction 0 Packet Pg. 41 4.1.b Emergency Medical Services • This is our most requested service • All firefighters are emergency medical technicians or paramedics • 84% of incidents in the City of Edmonds were dispatched as EMS in 2022 South County Fire is the first agency in the county to carry whole blood to provide in -field blood transfusions for patients with life -threatening medical conditions or trauma injuries. w a 5 Packet Pg. 42 4.1.b Emergency Medical Services Cardiac arrest saves South County Fire's cardiac arrest save rate across the RFA is consistently well above state and national averages Community lifesavers ACT First Aid provides free online training in hands -only CPR AED partnership with Edmonds Police, Edmonds Police Foundation and South County Firefighter Foundation 4 6 Packet Pg. 43 4.1.b Regional Training Benefits of regional training • Sharing instructors and expertise • Reducing duplicated efforts • Breaking down borders with neighboring fire agencies allows us to work together more effectively on mutual aid incidents County Fire Training Consortium South County Fire, Everett Fire, Marysville Fire, Snohomish Regional Fire & Rescue, Snohomish Fire District 4 and North County Fire & EMS Snohomish County Fire Training Academy • Winter: 49 recruits from 8 departments — including 19 from South County Fire • Summer: 15 recruits from South County Fire Fall: 55 recruits from 7 departments — including 19 from South County Fire 7 Packet Pg. 44 K 6 i 046, 6611T H c 0 u N T Y-, 6, FIRE w ACADEMY CLA55 zo2z-1 OA 900 FAMS 177, Rugs PARN A OV' NMI, f%VIl 4.1.b Edmonds Fire Prevention Development Review & Construction Inspections 2022: • 850+ maintenance/follow up inspections* • 474 construction inspections • 366 compliance inspections • 20 special event inspections • 396 plan review • 91 pre-development/development meetings * Station crew inspections were temporarily suspended at times due to the pandemic. 11 Packet Pg. 48 Re'*- EMS Week F40 ire Station Open House Mli -- Saturday, May;ZUth �l llam-lpm +r Edmonds Downtown Station 17 275 Sixth Ave. N. Edmonds, WA 98020 h 1 Community events in Edmonds More than 6,100 residents reached at events including Fire Camp, Fourth of July Parade, Kids in Transition Oktoberfest and National Night Out events in the city. 1 kq law Free online classes • ACT First Aid & CPR • Disaster Preparedness • Child Car Seat Safety • Virtual Car Seat Checks • Home Fire Safety • Aging in Place • Child Safety & CPR Distribution of lifesaving devices • Child car seats • Smoke alarms • CO alarms • Infant safe sleep sacks • Bike helmets • File of Life 0 J a z LL N N O N L 0 Q a U) 0 W 0 0 13 a Packet Pg. 50 4.1.b Community Resource Paramedics • Non -emergency service to help reduce 911 calls and hospital use • Serves older adults, mental health patients, disabled people, homeless and veterans • Breaks down barriers and creates access to care Edmonds by the numbers: Enrollments: 132 Contacts: 600 This includes home visits, phone calls, emails, etc. 51 % reduction in 911 calls throughout the South County Fire service area 14 Packet Pg. 51 EMERGENCY RESPONSES 2022 by the numbers and contract -required metrics 4.1.b 15 Packet Pg. 52 4.1.b How many calls?. Total incidents in the City of Edmonds in 2022: 6,038 2018 411&111 Source: Snohomish County 911 data 9.7% increase from 2018 41KII 2021 2022 16 m L LL 0 U t 0 N 0 3 C C g Packet Pg. 53 4.1.b What type of calls?. Source: Snohomish County 911 data 84% of calls are dispatched as emergency medical aid 17 Packet-Pg. 54 4.1.b Response times • Looks at 8-minute response time in four categories • This measures Sno911's call receipt to arrival • Comparisons of data for 2018-2022 • Response times have varied Packet Pg. 55 4.1.b Response times Percentage of calls within 8 minutes or less 2018 2019 2020 2021 2022 Source: Snohomish County 911 data Response time on 90% of calls 41 2019 2020 2021 2022 19 Packet Pg. 56 4.1.b Turnout time • Measures the time from when Sno911 call is dispatched to the time the apparatus leaves the station • The reporting standard in the contract is different from the city's adopted standard in the 1756 compliance report: 2:15 (contract) vs. 2:45 (compliance report) • South County Fire meets and exceeds the city adopted standard of 2:45 (90.44%) Turnout time percentage at 2:15 90 percent turnout time 2018 2019 2020 2021 2022 Source: Snohomish County 911 data I a b 2018 2019 2020 2021 2022 20 Packet Pg. 57 4.1.b Neighboring Unit Utilization Factor What it evaluates: Response of units across jurisdictional boundaries. What the numbers mean: • 100% = an equal balance of cross -jurisdictional response • Contract considers 90%-110% to be within balance range • Over 100% = units from neighboring jurisdictions are responding into Edmonds more than Edmonds units are responding outside the city Why does this matter? ■ We have a regional emergency delivery system ■ This evaluates if level of service decisions in one jurisdiction negatively impact a neighboring jurisdiction 21 Packet-Pg. 58 4.1.b Neighboring Unit Utilization Factor 2018 2019 2020 2021 2022 ■ Mountlake Terrace ■ Lynnwood RFA In 2022, the Neighboring Unit Utilization Factor varied greatly from previous years. This is due to the deployment of an additional aid unit that was operating out of Station 20 for the first part of 2022 and Station 16 for the remainder of 2022. • Mountlake Terrace units: 58.55% less into Edmonds • Lynnwood units: 47.33% more into Edmonds • RFA units: 8.32% less into Edmonds Source: Snohomish County 911 data 22 Packet-Pg. 59 4.1.b Unit Hour Utilization Factor What it evaluates: Percentage of time a fire unit is on a call What the numbers mean: The higher the number, the busier the unit is • Unit Hour Utilization Factor is up for Edmonds stations, but within compliance with contract standards • This number is up at all Edmonds fire stations • 20% is the trigger to start looking at deployment options and additional resources 23 Packet Pg. 60 4.1.b Unit Hour Utilization Factor 21.59% ■ Station 16 ■ Station 17 Station 20 2017 2018 2019 2020 2021 2022 Source: Snohomish County 911 data 24 Packet Pg. 61 4.1.b Transport Balancing Factor 2021 2022 Source: Snohomish County 911 data Looks at the balance between: EDMONDS E=� OUTSIDE CITY The number of times Edmonds -based units are doing transports outside the city OUTSIDE CITY =* EDMONDS The number of times South County Fire units based outside the city are doing transports in Edmonds In 2022, the factor was under 1.0 OUTSIDE CITY units transporting in EDMONDS LESS THAN EDMONDS units transporting OUTSIDE CITY A factor of 1.0 = in balance 25 m L_ LL O U t 3 O U) r O Q N� 3 a O N O J a z LL N N O N r L O 3 a U) O E w r c E a Packet Pg. 62 4.1.b Other requoired metrmics SOUTH COUNTY FIitE FM5 Transport fees billed and collected in Edmonds and Esperance $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 ❑ 2018 ❑ 2019 112020 i 2021 ■ 2022 off MW AA it - iii Edmonds Billed Edmonds Esperance collected Billed $2,374,490 $1,013,928 $135,776 $2,310,729 $973,880 $118,595 $2,164,260 $896,643 $85,807 $2,314,119 $870,562 $68,059 $2,500,700 $995,040 79605 Esperance collected $53,080 $48,838 $34,927 $27,601 33188 Shoreline into Edmonds (measured in incident responses) 140 1, 120 103 97 100 80 60 56 40 16 20 0 2011 2019 2020 2021 2022 Edmonds unit into Woodway (measured in seconds) bUUU 5000 4000 3000 2000 1000 164 0 — 2018 5288 5544 4713 287 2019 2020 2021 2022 26 Packet Pg. 63 4.1.b Standards of Cover compliance 2:15 Turnout time in Turnout time in First arriving engine Full first -alarm Full first -alarm Standards of Cover contract company to a fire assignment at assignment at residential fire commercial fire BLS response ALS response ■ Standard ■ 2021 ■ 2022 Source: Snohomish County 911 data 27 Packet Pg. 64 4.1.b Questions? Packet Pg. 65 4.1.c SOUTH COUNTY FIRE ANNUAL COMPLIANCE REPORT CITY OF EDMONDS 2022 :_O. :• ►t On November 28, 2006, the City of Edmonds City Council adopted Resolution No. 1133, adopting the performance, policy, standards, and objectives outlined in the Washington State Legislature Substitute House Bill 1756, as the Edmonds Fire Department's emer- gency resource deployment and response time objectives. On November 2, 2009, the City of Edmonds City Council approved an Interlocal Agree- ment with Snohomish County Fire District 1 (SCFD1) transferring Fire and Emergency Medical Services responsibilities to SCFD 1. NOTE: As of October 1, 2017, Snohomish Countv Fire District 1 became South Countv Fire (RFA) and is referred to as South County Fire in this compliance report. Section 2.5 of the Interlocal Agreement requires South County Fire to report to the City performance standards as identified in RCW 35.103. The following constitutes this reporting requirement: 2022 COMPLIANCE REPORT CONTENTS As required by SHB 1756, the 2022 Compliance Report includes four Sections: • Section 1: Edmonds Municipal Code Chapter 2.12 Fire Department. • Section 2: South County Fire Policy Statements. • Section 3: Comparison of 2022 response times to each adopted response stand- ard. • Section 4: An explanation of why Council -adopted standards were not met, the predictable consequences of failing to meet adopted standards, and steps necessary to correct deficiencies in order to achieve compli- ance. SECTION1.........................................................................................2 SECTION2.........................................................................................3 SECTION3.........................................................................................4 SECTION4.........................................................................................8 Packet Pg. 66 4.1.c SECTION 1 EDMONDS MUNICIPAL CODE Chapter 2.12 FIRE DEPARTMENT Sections: 2.12.010 Fire service. 2.12.020 Pre-existing rights and obligations not impaired. 2.12.010 Fire Service. Fire service is provided to residents of the City of Edmonds by and through a contract with South County Fire. Whenever any reference is made in the provisions of the Edmonds City Code (ECC) or Edmonds Community Development Code to "fire chief," "fire marshal," "fire department," or any other reference to a firefighter or fire services, such term shall include, for the provision of admin- istrative or other day-to-day fire services, to reference the fire chief, fire marshal and firefighting services performed for the City by contract by South County Fire. A. The officials of South County Fire, when performing services by contract to the citizens of the City of Edmonds and to the city in its corporate capacity, shall exercise any and all rights, duties, obligations and responsibilities in accordance with the provisions of this code to the same extent and in the same manner as if performed by an employee of the City. B. Employees of South County Fire shall not be entitled to any wage or benefit provision of this code, including but not limited to Chapters 2.06 and 2.35 ECC. The Edmonds civil ser- vice system shall remain in effect, but no employee of South County Fire shall have re- course to the Civil Service Commission following the termination date of fire department employees by the City. [Ord. 3762 § 2, 2009]. 2.12.020 Pre -Existing Rights and Obligations Not Impaired. The City Council's determination to contract or not contract for fire services with South County Fire and the provisions of this chapter shall not impair any existing vested right or vested obliga- tion created under the provisions of state law or under Chapter 2.50 ECC, Firemen's Relief and Pension System, Chapter 2.60 ECC, Reserve Fire Fighters' Relief and Pensions Act, Chapter 2.70 ECC, Retirement System, and Chapter 10.30 ECC, Disability Board, as well as the City's MEBT plan. The rights of any person under such system vested prior to the transfer of fire service responsibility by contract shall remain in full force and effect and are not impaired by either such or the adoption of this chapter. [Ord. 3762 § 2, 2009]. 2 Packet Pg. 67 4.1.c SECTION 2 POLICY STATEMENTS The Fire Department maintains written policy statements that establish the following: 1. The existence of the Fire Department is verified by Municipal Code 2.12. X meets requirement does not meet 2. Services that the Fire Department is required to provide are addressed in the Inter - local Agreement for Fire and Emergency Medical Services. X meets requirement does not meet 3. The basic organizational structure of the Fire Department is as depicted in the SCF Organizational Chart approved by the Fire Chief. X meets requirement does not meet 4. The number of Fire Department employees on duty daily in 2022, at the Edmonds stations, is 9 personnel as outlined in the Interlocal Agreement for Fire and Emer- gency Services, and as adopted by South County Fire Board of Fire Commissioners as part of the 2022 SCF Budget. X meets requirement does not meet 5. The functions Fire Department employees are expected to perform are listed in the Interlocal Agreement for Fire and Emergency Medical Services, and in the 2022 South County Fire Budget. X meets requirement does not meet Packet Pg. 68 4.1.c SECTION 3 STANDARDS of RESPONSE COMPARISON (STANDARD OF COVER) To measure the ability to arrive and begin mitigation operations before the critical events of "brain death" or "flashover" occur, the Fire Department is required to establish re- sponse -time objectives and compare the actual department results on an annual basis against the established objectives. The comparison began in 2007 with a comparison of the established response objectives against actual 2006 response times for the levels of response. This year, actual 2022 response time data is compared against the originally established, Council -adopted 2006 standard. The following section provides the compar- ison: Turnout time for all emergency incidents: Turnout Time Standard: The Fire Department has adopted a turnout time standard of 2:45, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2022: The Fire Department did meet the turn out time objective 90 percent of the time; 90 percent of the Fire Department incidents experienced a turn out time of 2:43 minutes/seconds. 2A. Response time of the first -arriving Engine Company to a fire suppression Incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 6:30 for the arrival of the first engine company at a fire sup- pression incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2022: The Fire Department did not meet the response time objective 90 percent of the time; 90 percent of fire sup- pression incidents had the first engine arrive at the scene within 6:39 minutes/seconds of response time. 2B. Response time for the deployment of full first -alarm assignment to a residential fire suppression incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 7:45 for the arrival of the full complement of a first alarm re- sponse to a residential fire suppression incident, which the department should meet 90 percent of the time. The Fire Department has adopted a first alarm re- sponse of 15 firefighters. Actual Department Comparison for the Year 2022: The Fire Department did not meet the full deployment response time objective 90 percent of the time; 100 percent of fire suppression incidents had the full deployment of first alarm re- sponding personnel and equipment arrive at the scene within 10:55 minutes/seconds of response time. There were 4 incidents in 2022 and 2 did not meet the standards (5:27, 6:06, 8:09 and 10:55). .19 Packet Pg. 69 4.1.c 2C. Response time for the deployment of full first -alarm assignment to a commer- cial fire suppression incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 9:00 for the arrival of the full complement of a first alarm re- sponse to a commercial fire suppression incident, which the department should meet 90 percent of the time. The Fire Department has adopted a first alarm re- sponse of 18 firefighters. Actual Department Comparison for the Year 2022: The Fire Department did not meet the full deployment response time objective 90 percent of the time; 100 percent of fire suppression incidents had the full deployment of first alarm re- sponding personnel and equipment arrive at the scene within 9:16 minutes/seconds of response time. There were 2 incidents in 2022 and 1 did not meet the standard (5:52 and 9:16). 3. Response time of the first -arriving unit with a first responder (BLS) or higher - level capability to an emergency medical incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 5:15 for the arrival of the first emergency medical unit with ap- propriately trained personnel on board (BLS) to an emergency medical inci- dent, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2022: The Fire Department did not meet the response time objective 90 percent of the time; 90 percent of emer- gency medical incidents had the first -arriving first responder (BLS) arrive at the scene within 6:25 minutes/seconds of response time. 4. Response time for the arrival of an advanced life support (two Paramedics) unit to an emergency medical incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 6:45 for the arrival of an Advanced Life Support unit with ap- propriately trained personnel (two Paramedics) on board to an ALS emergency medical incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2022: The Fire Department did meet the response time objective 90 percent of the time; 90 percent of emer- gency medical incidents had the Advanced Life Support (two Paramedics) unit arrive at the scene within 6:20 minutes/seconds of response time. 5A1. Response time of the first -arriving apparatus with appropriately trained and equipped Hazardous Materials Operations level personnel onboard to a haz- ardous materials incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 6:30 for the arrival of the first unit with appropriately trained and equipped Hazardous Materials Operations level personnel on board to a 5 Packet Pg. 70 4.1.c hazardous materials incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2022: The Fire Department did not meet the response time objective 90 percent of the time. 100 percent of haz- ardous materials incidents had trained and equipped Hazardous Materials Op- erations level personnel arrive at the scene within 13:48 minutes/seconds of response time. There were a total of 6 incidents in 2022 and 3 of the incidents met the time standard of 6:30 (6:21, 7:51, 6:38, 4:43, 5:48 and 13:48) 5A2. Response time of the first -arriving apparatus with appropriately trained and equipped Hazardous Materials Technician level personnel onboard to a haz- ardous materials incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 12:00 for the arrival of the first unit with appropriately trained and equipped Hazardous Materials Technician level personnel onboard to a hazardous materials incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2022: The Fire Department did meet the response time objective 90 percent of the time; 90 percent of hazard- ous materials incidents had trained and equipped Hazardous Materials Techni- cian level personnel arrive at the scene within X:XX minutes/seconds of re- sponse time. There were zero incidents in 2022. 5131. Response time of the first -arriving apparatus with appropriately trained and eauiooed Technical Rescue Operations level personnel on board to a technical rescue incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 6:30 for the arrival of the first unit with appropriately trained and equipped Technical Rescue Operations level personnel on board to a technical rescue incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2022: The Fire Department did meet the response time objective 90 percent of the time; 100 percent of tech- nical rescue incidents had trained and equipped Technical Rescue Operations level personnel arrive at the scene within 5:40 minutes/seconds of response time. There were six incidents in 2022. 5132. Response time of the first -arriving apparatus with appropriately trained and eauiooed Technical Rescue Technician level personnel on board to a technical rescue incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 12:00 minutes for the arrival of the first unit with appropriately 6 Packet Pg. 71 4.1.c trained and equipped Technical Rescue Technician level personnel on board to a technical rescue incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2020: The Fire Department did meet the response time objective 90 percent of the time; 90 percent of tech- nical rescue incidents had trained and equipped Technical Rescue Operations level personnel arrive at the scene within X:XX minutes/seconds of response time. There were zero incidents in 2022. 6. Response time of the first -arriving apparatus with appropriately trained and equipped Marine Rescue and Firefighting personnel on board to a marine inci- dent: Response Time Standard: The Fire Department has adopted a response/travel time standard of 6:30 for the arrival of the first unit with appropriately trained and equipped Marine Rescue and Firefighting personnel on board to a marine incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2020: The Fire Department did meet the response time objective 90 percent of the time; 90 percent of marine incidents had trained and equipped firefighting personnel arrived at the scene within X:XX minutes/seconds of response time. There were zero incidents in 2022. 7 Packet Pg. 72 4.1.c SECTION 4 COUNCIL -ADOPTED STANDARDS NOT MET SHB 1756 requires an explanation when Council -adopted standards are not met, the predictable consequences of failing to meet the adopted standards, and the steps nec- essary to correct deficiencies in order to achieve compliance. PERFORMANCE STANDARDS NOT MET The Council -Adopted 2006 performance standards that were not met in 2021 are: 2A. Response time of the first -arriving Engine Company to a fire suppression Incident - Established: 6:30 Actual: 6:39 2B. Response time for the deployment of full first -alarm assignment to a residential fire suppression incident: (statistically could not produce a 90% due to less than 10 calls) Established: 7:45 Actual: 10:55 (100%) (Statistically could not produce a 90% due to less than 10 calls) 2C. Response time for the deployment of full first -alarm assignment to a commer- cial fire suppression incident: Established: 9:00 Actual: 9:16 (100%) (Statistically could not produce a 90% due to less than 10 calls) 3. Response time of the first -arriving unit with a first responder (BLS) or higher - level capability to an emergency medical incident: Established: 5:15 Actual: 6:25 5A1. Response time of the first -arriving apparatus with appropriately trained and equipped Hazardous Materials Operations level personnel onboard to a haz- ardous materials incident: Established: 6:30 Actual: 13:48 (100%) (Statistically could not produce a 90% due to less than 10 calls) Packet Pg. 73 7.1 City Council Agenda Item Meeting Date: 04/25/2023 Claim for Damages 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 Richard Sprague Maple Street ($650.00) Attachments: Claim for Damages - Sprague - for council Packet Pg. 74 7.1.a CITY OF EDMONDS CLAIM FOR DAMAGES FORM Date Claim Form Received by City Please take note that W101-114 Alp Coo currently resides at J C f� ('), , , mailing address home phone# mark phone # and who resided at at the time of the occurrence and whose date of birth is._ is claiming damages against S n "2 in the sum of $ � �p� arising out of the following circumstances listed below. DATE OF OCCURRENCE: IVIA10 �� J Z '�] 1 TIME: ,, LOCATION OF OCCURRENCE: C6 Y A"6 T %I C� �rU � a F� 1� k/ AZO - M M DESCRIPTION: L O 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. E t2 p ILL I 0 7 O [ J (attach an extra sheet for additional information, if needed) `o 2. provide a I st of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. 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 ,2_ No If so, please provide the name of the insurance company: and the policy #: License Plate # Type Auto: (year) (make) (model) OWNER: Address: Phone#: DRIVER: Address: Phone#: Passengers: Name: Address: * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY * * Form Revised 04/09/2021 Driver License # Name: Address: Page 1 of 2 Packet Pg. 75 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. declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signature of almant Date and'gace (residential address, city and county) Or►�/}I�%J�%t�115j�/ C/►/%/ 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 Form Revised 04/09/2021 City Clerk's Office City of Edmonds 121 51h Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. Page 2 of 2 E U Packet Pg. 76 7.2 City Council Agenda Item Meeting Date: 04/25/2023 Outside Boards and Committee Reports Staff Lead: Council Department: City Council Preparer: Beckie Peterson Background/History Outside Boards and Committee Reports will be submitted to the Received for Filing portion of the agenda for last meeting of the month. Staff Recommendation N/A Narrative The Council is asked to review the attached committee reports/minutes from the following organizations: Port of Edmonds Seashore Transportation Forum SNOCOM-911 WRIA8 Alliance for Housing Affordability Attachments: Port of Edmonds Minutes 3.27.23 Seashore minutes 1-6-2022 Seashore minutes 2-3-2023 Seashore minutes 3-3-2023 Sea Shore Forum - CT Update 3-3-2023 copy SN0911-Boa rd-Agenda-20230420 W RIAB_SRC_Draft_Meeti ngSummary_01-19-23 1-25-23 Minutes Final Packet Pg. 77 7.2.a 11 APR COMMISSION MEETING MINUTES 3-27-23 Posted at 14:27h in Uommission Notices by Editor b PORT COMMISSION OF THE PORT OF EDMONDS MINUTES OF SPECIAL MEETING (Via Zoom, Hybrid Meeting) March 27, 2023 COMMISSIONERS PRESENT Steve Johnston, President Jim Orvis, Vice President Jay Grant, Secretary Angela Harris David Preston COMMISSIONERS ABSENT STAFF PRESENT Bob McChesney, Executive Director Brandon Baker, Director of Marina Operations Brian Menard, Director of Facilities and Maintenance Tina Drennan, Manager of Finance and Accounting Brittany Williams, Manager of Properties and Economic Development Renae Ebel, Administrative Assistant OTHERS PRESENT Jordan Stephens, Port Attorney Dave Teitzel, Edmonds City Council CALL TO ORDER President Johnston called the meeting to order at 5:30 p.m. EXECUTIVE SESSION Commissioner Johnston announced that the Commission would move into an Executive Session pursuant to Revised Code of Washington (RCW) 42.30.110(1)(g) to evaluate the qualifications of an applicant for public employment and the Executive Session would last for 1 hour30 minutes. Commissioner Harris was excused from the Executive Session, as she was one of the applicants. The Executive Session started at 5:31 p.m. and lasted for 1 hour 20 minutes. The Executive Session concluded at 6:51 p.m. Commissioner Johnston announced that the regular meeting would start at 7:00 p.m. with action expected. CALL TO ORDER President Johnston called the meeting to order at 7:00 p.m. FLAG SALUTE All those in attendance participated in the Pledge of Allegiance to the American Flag. CONSENT AGENDA COMMISSIONER ORVIS MOVED THAT THE CONSENT AGENDA BE APPROVED TO INCLUDE THE FOLLOWING ITEMS: Packet Pg. 78 7.2.a A. APPROVAL OF AGENDA B. APPROVAL OF MARCH 13, 2023, REGULAR MEETING MINUTES, MARCH 22, 2023 SPECIAL MEETING MINUTES, AND MARCH 23, 2023 SPECIAL MEETING MINUTES AS SUBMITTED C. APPROVAL OF PAYMENTS IN THE AMOUNT OF $242,615.24 COMMISSIONER PRESTON SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. PUBLIC COMMENTS There were no public comments. BREAKWATER CONDITION SURVEY REPORT Mr. McChesney reviewed that, as discussed with the Commission over the past several months, there are some concerns with the mid -marina breakwater. Commissioners were invited to participate in visual inspections, and staff has been working with a consultant to analyze what it will take to rehabilitate and extend the breakwater's life. He advised that Dennis Titus, CG Engineering, was present to review the Structural Observation Report. Dennis Titus, CG Engineering, provided pictures to illustrate the existing conditions of the mid - marina breakwater and shared the following: • Steel Vertical and Steel H Batter Piles with Horizontal Timber Slats. There is significant rust at the inner -tidal elevation where the water rises and then recedes due to the tides. This is the same area where the wood timber piles tie into the vertical piles. A lot of the protective coating has worn away, and about 25% have significant damage and need to be repaired. • Steel Channel Cap. An existing steel channel is located on top of the steel H-piles across the center of the breakwater. This channel cap is the main conduit for the cathodic protection. When the cap is damaged, cathodic protection is lost. The cap has rusted through in several locations and the protective coating has worn away. There was an earlier attempt to splice the cap back together in the middle of the breakwater with a steel strap, but the strap has already split. A wire is currently acting as the conduit for the cathodic protection across the joint. In addition to cathodic protection, the cap adds rigidity and strength to the top of the breakwater. Damage to the cap reduces the rigidity of the top of the breakwater, allowing the piles to move independently instead of as a group when resisting wave action and exacerbating the damage to the top of the cap. As the cap fails, the piles become more damaged. • Treated Timber Lagging. Timber lagging is used between the steel H-piles to create the center breakwater section. While the upper portion of the lagging appears to be in good condition, the lower four feet is significantly damaged over most of the length of the breakwater. Wave action has been observed through the breakwater in the damaged areas of lagging, and replacement is needed to protect the marina. • Sheet Piles. Steel sheet piles with battered steel H-piles are used for the north and south portions of the breakwater. Many of the sheet piles were showing signs of rust at the inner -tidal elevation, and several layers of the coating can be seen peeling away from the steel, starting at the joints of the piles. Packet Pg. 79 7.2.a • Coating. When the breakwater was installed, the coating protected the steel as much as possible. As water got behind the coating, it started to fail more and more, leaving the steel without protection. Although the steel in some areas hasn't been damaged yet, there is potential for significant damage in the short term because the protective coating has been lost. • Creosote Timber Piles. The creosote timber piles that were used to extend the rock breakwater also need to be replaced. While he would prefer using rock instead of timber, it might not be allowed by the Army Corps of Engineers. Mr. McChesney recalled that Port staff has dealt with coating issues in the past and has reached the determination that repainting the piles would be impractical, wouldn't solve anything, and would not be cost effective. Mr. Titus agreed there isn't a way to repaint the breakwater in a way that would protect it. Because it is in the inner -tidal zone, it won't be possible to properly prepare the piles or for the coating to dry. Mr. McChesney recalled the breakwater was painted twice about 15 years ago in an attempt to extend its life and make it more visually appealing, However, the paint ended up pealing off in sheets because it wasn't possible to prepare the pilings properly to get the necessary adhesion. This illustrates the futility of trying to paint over rust. Mr. Titus shared the following options for addressing the problems: • Option 1 (No Repairs). Without any remedial repairs, it is estimated that the bottom four feet of lagging has 0-2 years of operational life before major portions are removed by wave action, and the Maintenance Manager has already started to replace the lagging. The steel piles have another 5-8 years of operational life. • Option 2 (Replace the Lower Damaged Lagging). Port staff can replace the lower four feet of lagging with new treated lagging, which would extend the life of the breakwater for 5-8 years. • Option 3 (Replace the Damaged Lagging and Minor Steel Repairs). This option would involve replacing timbers as mentioned in Option 2, but a steel strongback channel would be added near the top of the vertical piles to replace the existing cap. The channel would serve as cathodic protection and tie the piles together. The sheet piles would be repaired with welded -steel plates as necessary to reinforce the areas that are significantly rusted. The life expectancy of this option is 8-15 years, but it would require contractor bids and a Joint Aquatic Resources Permit Application (JARPA). Mitigation would likely be required, as well. Mr. McChesney pointed out that it is most likely that Option 3 would be covered under a nationwide permit by the Army Corps of Engineers, and they have asked Landau Associates to research the requirements further. Mr. Titus agreed, but pointed out that mitigation would be required. • Option 4 (Replace the Entire Breakwater). Much like Option 3, this option would require contractor bids and a JARPA Permit. It would also require involvement from a variety of disciplines. Mr. McChesney asked if Mr. Titus is suggesting there is no engineering way to rehabilitate the breakwater. He also asked if replacing the breakwater would require a contractor to pull up all of the sheet and batter piles and peal back all of the riprap rock so the project could start from a new bottom. Mr. Titus expressed his belief that there is no way to repair the steel enough to significantly increase the breakwater's operational life, and he would recommend removing the entire breakwater and constructing the new one in the same place. Packet Pg. 80 7.2.a Commissioner Grant commented that, when they reach the point of replacement of the breakwater, they need to consider the current climate challenges. Mr. Titus recommended that a sediment analysis and wave action analysis would need to be done to determine the most appropriate location for the new breakwater. Mr. McChesney pointed out that the permitting process would probably take about five years, and Mr. Titus agreed. Commissioner Grant raised the issue of funding, and Mr. McChesney responded that it is important for the Port to do everything that is cost effective to extend the life of the breakwater while other significant projects are completed. Commissioner Grant asked about the cost of each of the options. Mr. Menard estimated it would cost about $60,000 for the labor and materials needed to accomplish Option 2, and Mr. Titus said full replacement would cost several million dollars. Commissioner Grant pointed out that there is significant funding available via the Federal Government's Infrastructure Bill In addition to seeking grant funding for the Portwalk, he recommended they also consider grant funding opportunities for the breakwater. Except for the North Seawall and Portwalk Project, Commissioner Grant asked if any other large capital projects are anticipated over the next 15 years. Mr. Menard said they must also address the deterioration at C Dock where they are losing all of the protective coating on the steel. Mr. McChesney said they haven't agreed upon a recommended solution yet, but he believes it will be possible to cut out the damaged pieces and weld new ones on. Commissioner Grant stressed the need for planning, including some round figures for costs, so that the Port can look for grant opportunities. Mr. McChesney expressed his belief that the Port's goal should be to rehabilitate the breakwater enough to get 15 years of life. Unless directed otherwise by the Commission, staff will work with the consultant to come up with a scope of work to execute Option 3. This can likely be accomplished within the next three months. Mr. Titus agreed and noted that Landau Associates will need to be involved to address the permit requirements. Even with a nationwide permit, Landau Associates is still predicting it will take a year to get through the permitting process. Mr. McChesney said he anticipates that Option 3 will cost between $500,000 and $1 million to execute, and he is optimistic they can bring a proposal back to the Commission by September. COMMISSIONER ORVIS MOVED THAT THE COMMISSION AUTHORIZE STAFF TO BEGIN IMPLEMENTATION OF OPTION 3 (ENGINEERING AND BID SPECIFICATIONS TO REPLACE DAMAGED LAGGING AND MINOR STEEL REPAIRS) FOR THE MID -MARINA BREAKWATER AND NORTH WING WALL AND TO BEGIN OPTION 2, REPLACING THE LOWER DAMAGED LAGGING. THE AMOUNT NOT TO EXCEED $150,000. COMMISSIONER PRESTON SECONDED THE MOTION. Mr. McChesney recapped that the Commission has determined that Option 3 is the preferred option To get started, the Commission is authorizing staff to work with CG Engineering on the engineering aspect. Mr. Menard would work with his staff to start replacing the lagging, and the initial budget would be $60,000. THE MOTION CARRIED UNANIMOUSLY. EXECUTIVE DIRECTOR CANDIDATE SELECTION Packet Pg. 81 7.2.a Commissioner Harris raised the question of whether or not she needed to recuse herself from this discussion. Upon the advice of Port Attorney Stephens, she decided to remain in the room but would not participate in the discussion or decision. Commissioner Johnston reported that the Commission met in an Executive Session prior to the regular meeting to discuss the qualifications of candidates for the Executive Director position. They started with six finalists, but one dropped out, leaving them with five highly -qualified candidates. No decision was made during the Executive Session, and the Commission's intent is to have a discussion at this open meeting and come to a consensus and a selection of an Executive Director. Commissioner Orvis said Angela Harris would be his first choice because of her passion for the Port, spectacular resume of achievement over her lifetime of work, and the fact that she currently works in a pressure cooker and has done outstanding work. She is empathetic with people and she listens. When she came to the Port, she dug right in to become conversant with Port matters and contributed significantly to Commission discussions, particularly those related to the environment. As a current Commissioner, she knows the Port, she knows the finances and how they budget, etc., and this will give her a big head start. He also felt she would work very well with the staff. Commissioner Grant commented that all five individuals were very qualified, and they all had excellent backgrounds. He, too, believes that Angela Harris is the right person at this time. He appreciates her vision and her resume stands out in how she branded herself and articulated the challenges the Port must meet. She understands the need to work with leaders in both the Town of Woodway and City of Edmonds. Commissioner Preston said it was exciting to review the resumes and interview each of the candidates. Each one had unique experiences and qualifications. He said he also supports the selection of Angela Harris. Her unique world experiences, both corporate and international, and her diverse work history has given her a heads up. He believes her prior customer -facing experiences will be a great benefit for many of the things the Port is doing. She has worked with some very large budgets and has been a prior business owner. Commissioner Johnston agreed it was a difficult decision, given there were five outstanding candidates with variable qualifications. He said he has worked with Angela Harris on a number of committees over the last several years and has come to know her as a person who always seeks consensus. She is well thought out and well prepared, and it has been a pleasure to work with her One of the most compelling factors for his decision is that staff felt very strongly that she was the right candidate. He said he would go along with the other Commissioners to make a consensus selection of Angela Harris as the next Executive Director. COMMISSIONER GRANT MOVED THAT THE COMMISSION NOMINATE ANGELA HARRIS TO BE THE NEXT EXECUTIVE DIRECTOR AND TO AUTHORIZE COMMISSION PRESIDENT STEVE JOHNSTON TO ENGAGE FINAL CONTRACT NEGOTIATIONS FOR A MUTUALLY -ACCEPTABLE EMPLOYMENT AGREEMENT. COMMISSIONER ORVIS SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY, WITH COMMISSIONER HARRIS OBSTAINING. Commissioner Johnston thanked all of the candidates. It was a difficult decision, as all of the candidates were highly -qualified. Packet Pg. 82 7.2.a CITY OF EDMONDS REPORT Councilmember Teitzel congratulated Commissioner Harris for her new position as Executive Director of the Port. He announced that the Council's March 28th agenda includes a Memorandum of Understanding (MOU) proposed between the City and the Washington State Department of Transportation (WSDOT) for purchase of the old Unocal property. The MOU would be non -binding, but would put the City in the right of first refusal position for the property once the cleanup is complete. The Department of Ecology (DOE) must sign off on the cleanup being effective before the transition between Unocal and WSDOT can happen. They are confident that can occur before the end of 2023, and then the City can enter into active negotiations with WSDOT to purchase the property at fair -market value per State law. Councilmember Teitzel reported that the housing bills are still alive at the legislature. House Bill (HB) 1110 and Senate Bill (SB) 5190 are companion bills that revolve around affordable housing. They were forwarded to the Ways and Means Committee for discussion on March 24th, and they have been moved forward for a vote. The last day to pass bills is April 12th, and the session ends April 23rd. The City Council is quite sure the bills will pass in some form, and that will mean the end of single-family zoning in all cities with populations above 25,000. Councilmember Teitzel further reported that HB 1245 and companion SB 5364 involve splitting residential lots into two to make smaller lots. The intent is to increase the density of housing in all cities with populations above 25,000. He anticipates big changes coming their way. The City has provided feedback, as have other cities, about preemption of a State control of zoning issues, but there is bipartisan support for the bills to pass. Councilmember Teitzel advised that the City Council approved a Climate Action Plan on March 21 st, which he forwarded to the Commissioners the week before. The plan focuses mainly on controlling greenhouse gas and limiting global warming. As Commissioner Preston has previously pointed out, Edmonds standing on its own can't do much about either issue, but if thousands of cities across the country and other countries do the same type of action, the impact can be meaningful. The plan is a living document that can be updated and modified. There is nothing in the plan about the Port's role as a leader on environmental issues. The Port should be recognized in the plan, and he looks to the Commission and Port staff to identify things the Port has done that should be celebrated. Commissioner Harris asked about the timeline for updating the Climate Action Plan to include Port activities. Councilmember Teitzel said that, because it is a living document, it can be updated at any time. The intent is for the plan to be included as an element of the City's Comprehensive Plan, which is currently being updated. He asked that the Port provide their response within the next two or three weeks. Commissioner Preston referred to a comment in MY EDMONDS NEWS from Joe Scordino that the capital budget currently under consideration by the State legislature will give Edmonds a first right of refusal on purchase of the Unocal property. If that is the case, why was the MOU needed? Councilmember Teitzel said that is something he plans to bring up at the Council's March 28th meeting. He felt the City already had first right of refusal. EXECUTIVE DIRECTOR'S REPORT Mr. McChesney said he previously informed the Commission that there was some question as to whether or not the Department of Fish and Wildlife (DFW) was going to approve using the precast concrete panels with embedded glass blocks. At the time, DFW was putting their foot down and Packet Pg. 83 7.2.a saying they didn't want glass blocks because they break and are difficult to maintain. This feedback put the Port in a dither because the project was quite far along in the design process. Just recently, he learned that DFW would support the use of glass blocks. By the end of this week, the Shoreline Permit and Design Review Applications will be submitted to the City of Edmonds. At this time, he is projecting that all the permits will be done by the end of the first quarter of 2024. The project can then move forward to final design, which will take about six months to complete. Construction can start any time after permit approval, but the Port will need some time to perfect the funding plan and obtain grant support. COMMISSIONER'S COMMENTS AND COMMITTEE REPORTS Commissioner Preston noted that Annie Crawley and her dive team are scheduled to do another cleanup dive on April 16th, but it still needs to be added to the calendar on the Port's website. Commissioner Preston announced that the Port Curmudgeon, Jack Bevin, turns 100 on April 2nd He suggested the Port Commission should send him a card. He has attended a lot of Port Commission meetings over the years and has asked some great financial questions. Mr. McChesney agreed to send out a card on behalf of the Port. Commissioner Grant announced that he and Commissioner Harris are still working on the Port's Mission Statement. Hopefully, it can be refined enough to present to the Commission prior to the planning retreat. He would be meeting with Government Affairs Representative on March 28th to discuss grant opportunities and the best path forward for the Port to pursue funding for its projects Commissioner Orvis provided the following legislative report: • The recent Revenue Forecast, which ends in June, is down over $1 billion for next year. There is a projected decrease of $194 million for 2023, a $483 million decrease from 2023 to 2025, and a $541 million decrease for 2025 to 2027. This equates to about $1.24 billion down over the coming four years, which is not what they expected. • The Senate released its budget for 2023 to 2025, and the proposal is to spend $69.2 billion over two years and leave $3.8 billion in reserves. It includes $2.5 million for industrial site readiness, which has to do with obtaining grants without having to start actual construction; $10 million for clean -energy permitting; funding for Small Works Roster reform; and $6 million for the Northwest Sea Alliance, which relates to the Tacoma/Seattle Zero Emissions Truck Pilot Program that focuses on hydrogen cell technology. Many would like to see more funding for tourism, innovation cluster acceleration, and the international market program. • March 29th is the last day to read in committee reports from the opposite house and April 26th will end the regular session. • $115 million has been earmarked for remedial action grants under the Model Toxic Control Act (MTCA). • The governor's list will be fully funded, featuring strong funding for several ports. It includes $40 million for port electrification, which is a point of contention because it is directly aimed at the Ports of Seattle and Tacoma. It was noted that they will need to require or at least encourage merchant ships to put in capabilities for shore power before they can be plugged in. Right now, they are looking at port electrification contracts for something that won't be utilized. • $50 million has been earmarked for broadband and infrastructure. • The House capital budget streamlines derelict structures permitting, which would allow them to be disposed of quicker and easier. • A similar bill related to derelict vessels will move to executive session. Water and natural resources Packet Pg. 84 7.2.a and parks like the bill, as it would streamline derelict vessel removal by allowing email notification instead of having to go through the registered mail route. The bill would also allow administrative law judges to supplement three members of the Pollution Control Hearings Board to expedite the process of removing derelict vessels. • A tourism promotion bill continues to advance, but the original proposal of $26 million, which the Washington Public Port Association (WPPA) and its members supported, is likely to be reduced to only $8 million. • A bill instructs the Department of Commerce to recruit and retain grant writers designed to help Associate Development Organizations (ADOs) and other government entities secure funding opportunities for economically distressed areas. • Going along with the Seaport Alliance Energy Bills, there are two tax incentives to help expand research and development into hydrogen fuel cells. Tacoma is already working with these fuel cells, and Seattle is picking up on it, too. • There is a bill, which is likely to pass, that would increase the distance that must be maintained around Orca whales from 300 yards to 1,000 yards. This would only apply to Southern Resident Orcas, and his understanding is that Puget Sound Express tries to stay away from these sightings. • A bill to help with insurance for underground storage tanks, which affects the Port, is doing well so far. • SB 5104 directs the DFW to survey habitat along Puget Sound to create and maintain a baseline of habitat. This might have an impact to the Port. • A bill to enhance voting rights in Washington State is moving through. It would allow someone outside of your district to sue for voting rights violations. Whether they win or lose, the district would be liable for all legal fees. • SB 5487 would modify the process for filling vacancies on government bodies of special purpose districts, including port commissions. It would require posting the opening in public, including the port's website and also accepting nominations from the public. He doesn't believe this would adversely affect the Port of Edmonds. • An apprenticeship bill is moving forward. As proposed, public works projects over $1 million would be required to achieve 15% apprenticeships. They are considering raising the project limit to $2 million, but ports would like it to be raised to $12 million. There is concern that small businesses would not be able to bid on port contracts because $1 million is not a significant project. • The prevailing wage legislation is scheduled for public hearings on March 28th. The bill would ensure that prevailing wages paid to workers is linked to when the work is performed. However, the version that passed out of the senate would require ports to amend contracts each time the prevailing wage is adjusted. This would likely require two contracts: one for materials and equipment and another for salaries. Mr. McChesney noted that a contractor could also issue a change order if the prevailing wage changes dramatically. Port Attorney Stephens referred to the legislation related to derelict vessels and asked if the Department of Licensing would be responsible for collecting email addresses. Commissioner Orvis said this isn't addressed in the legislation. The bill would simply allow the use of email to notify the owners of derelict vessels. Ms. Drennan commented that, most of the time, the Port doesn't have email addresses of for derelict boat owners. They are lucky to even have their names and addresses. Commissioner Harris said she is very excited to serve as the Port's Executive Director. She thanked the Commissioners for their consideration. They had a lot of fantastic applicants, and the decision was not easy. Commissioner Harris said she would be meeting with Commissioner Grant to review the Port's Mission Statement and prepare a draft for the Commission's consideration. This will allow the Packet Pg. 85 7.2.a Commission and staff to spend their time at the planning retreat laying out all of the projects and validating them against the newly adopted Mission Statement. Commissioner Johnston agreed with Councilmember Teitzel that the Port should revisit input to the City's Climate Action Plan. The Port does have a story to tell, and it is important to expand the Port's relationship with the City in that regard. Commissioner Harris agreed. She said she would review the plan and prepare thoughts to share with either the Environmental Committee or the entire Commission. Commissioner Orvis suggested the Commission discuss the Executive Director transition at their next meeting. He noted that they will need to appoint a new Commissioner to fill Commissioner Harris' vacated position until the general election in November. They must also file for the upcoming general election. ADJOURNMENT The Commission meeting was adjourned at 8:08 p.m. Respectfully submitted, Jay Grant Port Commission Secretary TAGS: 2023 Commission Meeting Minutes of Special Meeting, Breakwater Condition Survey Report, cleanup dive on April 16th, Executive Director Candidate Selection, legislative report Packet Pg. 86 7.2.b Seashore Minutes 1-6-2022 The meeting was called to order at 7:35am There were no outside reports. The first meeting of the Regional Transit Committee (RTC) will be January 18. They will be reviewing their 2023 Work Plan. CM Sarah Perry will be the Chair. There was no public comment. CM Phillippa Kassover and CM Eben Pobee were nominated and unanimously approved as Seashore co- chairs for the 2023 year. The minutes were unanimously approved. Jason Beloso from WSDOT presented on the feasibility of Ultra High -Speed Rail in Washington State. These speeds would be over 150 MPH and potentially around 250 MPH. The system would link Portland, Seattle, and Vancouver BC. There is no system like this in the US, but several around the world. Estimated economic growth is $355 billion. It would offset 6 million metric tons of CO2. Travel time would be an hour between cities. Amtrak Cascades would still operate as supportive service between other cities. It could help with infill development. Environmental and social equity needs would be at the forefront of decisions. This could allow us to be more economically competitive. Amazon's second HQ search emphasized transportation connections. In November 2021 BC, WA, and OR signed a memorandum of understanding and established the UHGST Policy Committee. The 2022 Legislature allocated $5M to this effort. They were tasked with developing and organizational framework, doing public outreach, prepare to apply for funding, begin a scenario analysis, and to develop a recommendation for a coordinating entity. CM Kugler of Kenmore asked if there was talk of connecting to California. A —there was outreach, but for now there is too many challenges in the immediate future to link the two systems. CM Kassover of Lake Forest Park asked about sea level rises and moving away from the shore. A —this would need its own dedicated ROW and would need to be on a straight line away from the shore. Chris Arkills of King County asked if UHGST could help us to avoid to have to build a second airport in Puget Sound. A —they are coordinating. CM Kassover asked about adding more stations. A —with only three stations you can reach maximum speeds, with more stations you would slow down the system. In each city we may want to have stations outside of the city cores. Cities without stations would need to benefit as well. Transit connections to UHGST would be critical. CM Goldman of Lake Forest Park asked about learning from ACELA, California and Texas with similar systems. A —we are looking to learn together from their experiences. Stephanie Pure of King County Metro asked about how expensive this would be and would it be affordable for all. A —this system needs to be affordable to all. Public funding could be critical. The body then addressed brainstorming for the 2023 work plan. Stephanie shared our 2022 topics. She asked if we want to revisit any of these topics this year. Packet Pg. 87 7.2.b CM Randolph wanted to see an update on Metro electrification. CM McConnell likes to see Port updates because of their regional importance. She also requested that we do more joint meetings. CM Goldman asked for an update on SAFE reform and Lynnwood Link -related transit. CM Kugler asked about why Kenmore doesn't have a vote. A —Kenmore has a vote at ETP and can't have two votes, but we rarely have contentious votes and value participation by all. CM McConnell of Shoreline supported this as a former co-chair. CM Goldman thought we should talk about the big picture objectives for SeaShore. CM Kassover wanted to have Metro back to talk about Lynnwood Link Connections bus restructures. We will have a joint presentation next month as we enter Phase 2. She also wanted to hear from ST on first/last mile efforts. Kelly Snyder of Snohomish County asked if Community Transit (CT) could come talk about their restructure. CM Kugler asked if CT could come talk about their innovative services and Journey 2050. CM Kassover asked about electric bikes and how they are changing commuting and safety. Chris Arkills thought we should talk about workforce challenges for transit agencies. CM Kassover would like to see the King County demographer or PSRC to discuss changes in travel patterns post pandemic. CM Kassover asked if Shoreline has other projects to discuss. A —they would like to hear about Seattle's SR-99 program and also the STRIDE line. Jim Hammond also talked about new housing in Shoreline for up to 20,000 people. Amanda Pleasant -Brown from Metro mentioned that the kickoff of Phase 2 of Lynnwood Link Connections will start on Monday. The meeting was adjourned at 8:52 AM Attendees: Adam Leuin, WSDOT Amanda Pleasant -Brown, KC Metro Angela Kugler, Kenmore City Council Azim Sheikh-Taheri, WSDOT Chris Arkills, King County Metro. Chris Eaves City of Seattle, Freight Program CM Eben Pobee, Councilmember, City of Shoreline Doris McConnell, Shoreline Councilmember Elsa Brown, Regional Affairs Director, City of Seattle Jason Beloso, WSDOT Jeffrey Perrigo, Director of Public Works., LFP Jim Hammond, City of Shoreline Packet Pg. 88 7.2.b Kelly Snyder, Sno Co Public Works Director Kyoko Matsumoto -Wright Mayor Mountlake Terrace Larry Goldman - CM - LFP Matthew Kenna - WSDOT, Management of Mobility Division - Planning and Policy Analyst Phillippa Kassover, CM LFP Stephanie Pure, Gov Relations, King County Metro Packet Pg. 89 7.2.c Seashore Minutes 2-3-2023 The meeting was called to order at 7:35am Chair Phillipa Kassover of Lake Forest Park reported that Lake Forest Park testified at the Sound Transit board meeting about their desires for changes for the Stride BRT (Bus Rapid Transit) line through their city. There was no public comment. Craig Helmann from PSRC presented on the RTP (Regional Transportation Plan) Dashboard which measures performance on the long-range plan metrics. A draft version of the dashboard is not live. They are taking feedback on text and graphics. Topic areas include Climate, Growth, Safety, Alternative Modes, Transit Performance, Traffic and Congestion, and Transportation Projects. About 22% of cars in the Puget Sound region are EVs (electric vehicles) now. Each page has navigational links on the left side. Chair Kassover suggested a metric for miles of bike lanes and also asked if they measure how many households don't have cars. Both of them were accepted as good ideas. CM Larry Goldman of Lake Forest Park noted some numbers are raw numbers and some are per capita and they should be consistent. CM Susan Paine of Edmonds asked if they are measuring new sidewalks are being built. Edmonds is using federal money to add sidewalks. A —it is difficult to get good information, but we will add it for consideration. She also asked if they had any health metrics. Stephanie Pure of King County Metro asked about measuring how many folks are using online tools for accessing transit. A—PSRC's equity tracker measures access to technology. It is not part of the dashboard, but could be linked. Nytasha Walters of the City of Shoreline asked if there is any climate change metric measuring against the Paris accord goals for net neutrality by 2050. PSRC staff said they will look at how to link that to the dashboard. Yingying Huang Fernandez and Luke Distelhorst from King County Metro presented a Phase 2 Overview on the Lynnwood Link Connections Mobility Protect. The project looks at 22 routes in relation to the new Link stations between Northgate and Lynnwood. This is a coordinated project with Sound Transit. The goals are to improve mobility, equitably inform and engage people, deliver integrated service, and to improve efficiency of service. In Phase 2 Metro is sharing draft concepts and taking input. In Phase 3 we will present a final revised network. The timeline may be affected by ST implementation of Lynnwood Link. The project is budget neutral with no new service investments. There are some capital constraints because this will be implemented in the next few years. There are three pillars that informed the concept network -the first is data and analysis, the second is where priority populations live, and the third is current ridership information. The concept network reduces peak only services to improve all day coverage and frequent service. It also restructures north -south connections to improve east -west service. Link will provide the north - south spine. Finally, it reduces unproductive and low ridership service in non -priority population areas. Packet Pg. 90 7.2.c Late night service will also be improved as will access and service to areas with priority population areas. 19% more people in the study area will have increased access to frequent service. Weekend service will be improved which many people said they wanted. Reliable and convenient transfers are also a goal. In Phase 2 community engagement will run through March 10'. We will take that input back to our Mobility Board and Partner Review Board. We have been meeting with jurisdiction staff and will be attending council meetings this month. We are doing in person outreach at several locations. We are doing three open houses with translation available. We are also engaging with our operators for their input. This week we met with housing providers, we will be meeting with schools. A big focus is working with community -based organizations with a paid relationship. The survey is available for five more weeks and is available in 12 languages. Nytasha Walters asked about the budget neutral status. A —Graydon Newman answered that our restructures have all been budget neutral. The Route 41 hours were taken out in the North Link restructure since they were duplicative of Link. Suspended service will be a priority first before adding new service. Kelly Snyder of Snohomish County asked about how this works with Community Transit's restructure. A —we meet regularly to coordinate, and the new Swift line will come into King County and terminate at the 185t" station. CM Goldman mentioned that Metro will need to provide underlying service between Stride stops. He also asked about if the East Link starter line opens will it delay Lynnwood Link. The answer is that it might be delayed a few months. ST will try to minimize any delays. Chair Kassover mentioned last mile issues. Are they off the table now? A —last mile issues are not off the table. We will be looking at these services for gaps that are not being served. We have more clarity coming out of the budget. Alex Krieg from ST also mentioned that they are funding commitments to non -motorized access and other multimodal solutions through Link and Stride. CT is also doing their Zip service which provides alternative service. Graydon Newman and Luke Distelhorst from Metro then presented on Metro Service Recovery. We are currently providing —95% of scheduled service. Metro is currently carrying about 220,000 riders on weekdays. Weekday ridership is up 10% this fall due to UW students and the free youth transit pass. There are fewer riders during weekday peak, but more riders off peak and evenings. Weekend ridership has ben stronger as has frequent routes and those in South King County. We are currently cutting trips due to a workforce shortage. 345,000 total service hours remain suspended across the system. Metro needs a service recovery plan because we need to get approval from council to maintain the suspensions in place today. It also formalizes the process to bring service back. The plan uses our updated policy documents and service guidelines. Metro's long game is to expand opportunity by providing accessible, affordable, safe and stress -free transit. We are committed to equity and where needs are greatest. We have a goal to be the first major agency to be 100% emission free. Metro Connects is our long-range plan and vision. Metro also has a strategic plan for public transportation which is a 10-year plan with objectives and goals. Metro's service guidelines establish criteria and process to make changes to the transit system. Packet Pg. 91 7.2.c There are two guiding principles to the plan. First, to use upcoming mobility projects to guide priorities Second, to maintain service investments within project areas. The plan will be coordinated with ST Link expansion and Stride BRT. Current ST dates are mid or late 2024 for Lynnwood Link, East Link in spring 2025, and South Link TBD following East Link. Brock Howell of the Snohomish County Transportation Coalition said there doesn't seem to be a focus on ridership and attracting choice riders. Does the plan specify what service is actually provided? A — each project will work closely with jurisdictions and riders in each area. We want to make transit the first choice for people. The January meeting minutes were unanimously approved. The meeting was adjourned at 9:08 am Attendees Alex Krieg, Sound Transit (he/him) Azim Sheikh-Taheri, WSDOT Chris Eaves, Seattle DOT Corey Holder, Service Planning, King County Metro Brock Howell, Snohomish County Transportation Coalition Chris Arkills, King County Metro Craig Helmann, PSRC Eben Pobee, Councilmember, City of Shoreline Erik Ashlie-Vinke, Sound Transit Graydon Newman (he/him), King County Metro James Randolph, Councilmember, City of Woodinville Jamyang Dorjee, Community Transit Jim Hammond, City of Shoreline Kelly McGourty, PSRC Kelly Snyder, Sno Co PW Director Kyoko Matsumoto -Wright, Mayor, Mountlake Terrace Larry Goldman, Councilmember, Lake Forest Park Luke Distelhorst (he/him) - Community Engagement, King County Metro Matthew Kenna, Policy Analyst with WSDOT Nytasha Walters, City of Shoreline Phillip Hill, City of LFP Phillippa Kassover, Councilmember, City of Lake Forest Park Stephanie Pure, King County Metro Susan Paine, Councilmember, City of Edmonds Yingying Huang Fernandes (she/her), King County Metro Links RTP Dashboard: Feel free to check it out: https://Psrcwa.shinvapps.io/rtp-dashboard/ Packet Pg. 92 7.2.c Lynnwood Link Connections info can be found here: https://kingcountV.gov/depts/transportation/metro/programs-protects/fares-routes-and- service/Iynnwood-link-connections.aspx Community Transit just launched their final phase yesterday. Details are here: https:Hpreview.communitvtransit.org/transitchanges 4 Packet Pg. 93 7.2.d SeaShore Minutes 3-3-2023 The meeting was called to order at 7:33 AM. Edmonds CM Susan Paine reported that Community Transit is lifting their vaccine requirements. They also won a national award for their hiring practices. Stephanie Pure mentioned that the Regional Transit Committee (RTC) is coming up and will have reports on regional planning and the future RapidRide K and R lines. Mike Dee, community member of Lake Forest Park, urged SeaShore to post their agenda. Stephanie asked him to give his new email. The February minutes were unanimously approved. Chris Arkills of King County introduced new Metro General Manager Michelle Allison. Michelle Allison reported that ridership continues to grow to about 55% of pre pandemic ridership or 220,000 people a day. More people are riding weekends, nights and midday and Metro will need to adjust. More youth are riding with free fares. We continue to see strong ridership from the service industries. We are working hard to make trips as safe as possible. Metro has a major effort called Safe Reform. We continue to recruit and hire more security officers. We are also deploying behavioral health teams around the county. Metro is experiencing workforce challenges throughout our system. We are about 138 drivers short and 30 mechanics. Metro is delivering about 97% of trips, but we know this is challenging. Metro is working to provide better trip cancellation information. This week we launched Metro Flex, which is a new consolidated mobility option for those places not well served by fixed route services. Jim Hammond of Shoreline staff reported that the Shoreline City Council met last week with King County Councilmember Rod Dembowski and asked about conditions at the Aurora Village Transit Center. He also mentioned how important service is to Shoreline College. A —We know there are challenges at Aurora Village. We are asking the public and employees to report conditions. We are working to provide additional support and staffing to provide a consistent presence there. We are hiring right now for that support and will communicate with the city of Shoreline. CM Larry Goldman of Lake Forest Park remarked that he usually takes the Route 372 and we get different information from Trip Planner and One Bus Away. A —every day is a scheduling challenge. Systems like One Bus Away reflect scheduled trips. We are working to improve that communication. Chris Eaves from SDOT works in freight and urged more transit for early start times for people working in freight and appreciated Metro moving in that direction. A —there are lots of people with odd hours. We will be working with jurisdictions on outreach on community needs. CM Kassover of Lake Forest Park asked if Metro provides customer service at Westlake Station. There was an incident on light rail and then there was no vertical conveyance working. The platform was very crowded. Trains were packed. It was a difficult experience. There was no security present. A —we are always working to do better. We know that the tunnel is an aging investment. Sound Transit and Metro are partners. Alex Krieg from ST said ST is changing their information technology and wants to do better. Packet Pg. 94 7.2.d Chris Arkills asked if Michelle could share her personal story on transit. A-1 grew up in a small town, Homer, Alaska with very little transit. Then my family moved to Curitiba, Brazil where there was extensive transit and we used it a lot. In both places, transportation solutions were very important to people's lives. Mobility is freedom. As an employer I think Metro is working hard to provide mobility options. Roland Behee from Community Transit reported on new developments at CT. Community Transit is currently carrying 65% of service. Local service and Swift are at 75-80% of ridership, but commuter service continues to lag. Like Metro we are seeing shifts in ridership patterns. We are also experiencing safety issues and hiring more security officers. We are piloting alternative services and working towards zero emissions. CT is developing a long-range plan and seeking public input. When Link arrives at Lynnwood, we will be able to dramatically improve local transit in Snohomish County. We have a final draft network out for public comment. We are redeploying service to local service that serves all people equitably with more frequent service. We have learned from Metro about equity measures to prioritize service delivery. We plan to increase service by 32% and we will dramatically increase access to local service. 76% of people will be within walking distance of frequent service and 50% of jobs. Community Transit is working with ST, WSDOT and Metro to address issues with Lynnwood Link timing and will adjust implementation according to train availability. Revive 1-5 will also be a challenge at the same time. CT is piloting a Zip Alderwood Shuttle which is point to point on demand service. This pilot has been very popular with over 9,000 rides to date. The Swift network is expanding. The Orange Line is under construction. The Gold Line north is in scoping. The Blue Line will be expanded south to the Shoreline 185t" station. The Green Line will be expanding south to UW Bothell. Mayor Matsumoto -Wright remarked that Mountlake Terrace is excited. CM Susan Paine said Edmonds is very excited for these changes. CM Kugler of Kenmore asked how CT determines routes and if there is any analysis of people who try to plan transit trips, but can't make them work. A —we are looking at mobile phone data and we have automatic passenger counters on all buses. Frequency is very important in making transit a great option. CM Randolph of Woodinville said Woodinville is excited about the Green Line expansion to UW Bothell and its access for Woodinville. A —CT is in the early scoping phases on the Green Line and will go out for public input in Fall 2023 or early 2024. Chris Arkills remarked that he is excited for improved inter -county transit connections. Stephanie Pure provided a quick update that Lynnwood Link is in Phase 2 of the draft network. We have had three open houses and many survey results. The survey ends on March 10. Please get your input in. Phase 3 will be next summer with a final concept. In early 2024 the restructure will go to the King County Council. Jim Hammond said Shoreline has applied for a RAISE grant for improvements along 145t", an improved bike network, and the non -motorized bridge over 1-5. He thanked partner cities for their letters of support. The meeting was adjourned at 8:51 AM. Packet Pg. 95 7.2.d Attendees: Amanda Pleasant -Brown, KC Metro Angela Kugler, Kenmore City Council Brock Howell, Snohomish County Transportation Coalition Chris Arkills, King County Metro Chris Eaves, Seattle DOT - listening in informally. Elsa Brown, Regional Affairs at City of Seattle James Randolph, DM, Woodinville Jamyang Dorjee, Community Transit Jeffrey Perrigo, City of UP Jim Hammond, City of Shoreline Kyoko Matsumoto -Wright, Mayor of Mountlake Terrace Larry Goldman, CM, UP Matthew Kenna, Planning and Policy Analyst, WSDOT Michelle Allison, King County Metro Mike Dee, Lake Forest Park Citizens' Commission Nytasha Walters, City of Shoreline, Transportation Services Manager Phillip Hill, City of LFP Roland Behee, Community Transit Stephanie Pure, King County Metro Susan Paine, CM Edmonds Links Sound Transit Service Alerts (at the bottom of the link) https://www.soundtransit.org/ride-with-us/service-alerts Metro Transit Alerts https://kingcounty.gov/depts/transportation/metro/alerts-updates/signup.aspx Community Transit's service alerts page: https://Public.govdelivery.com/accounts/WACOMMT/subscriber/new Michelle Allison confirmed as King County Metro General Manager https://kingcountymetro.blog/2023/02/28/michelle-allison-confirmed-as-king-county-metro-general- mana er Lynnwood Link Connections Mobility Project Survey: https://kcit.gualtrics.com/ife/form/SV a4eF4GgOdDiTOrc Packet Pg. 96 Sea Shore Forum March 3, 2023 Community Transit Update Roland Behee, Director of Planning and Development 6IP -� F A& L Agency P 7.2.e rioritie.. E E O U c E L M • Focus on ridership and safety • Regional integration, ° Swift network buildout 0 M N O N • Service innovation M M Y • Zero emissions fleet study • Long range plan E L • 2024 network planning o CU U) E a Old Packet Pg. 98 _>-}�• 1 .� }y • .emu - �' ., r fir_ - l - .yy _� '+ yy'� _ 4 IF � ' ++ L } l l • / / • .. ■ 1� J�l�/ • yr{ • - - 1 Win Or 4A r :r Link Light Rail Arrives - — _ t �• Allows Community Transit to redesign= transit in in Snohomish County +}`,•. r _ —� - Unprecedented mobility opportunities Travel made easy for all -41 - 4} f *�� - _ _ 7.2.e 2024 Development Process F, -I 2024 Service Goals & Initial Research/Inputs Phase 1 Outreach Service concepts, early input Phase 2 Outreach Draft network, refined input 2020-2021 Q3-Q4 2021 Q1-Q2 2022 Q3 2022-Q1 2023 Community Transit Board Approves 2024 Transit Changes in 2024 and Beyond Network Plan Packet 2024 and Beyond Vision: Bus Service Restructured to Leverage Light Rail Planned CT Bus Service • Fast, frequent, reliable light rail in 1-5 corridor • Re -deploy CT commuter buses into feeding light rail stations • More transit for everyone Transit Changes in 2024 and Beyond SHORELINE 7.2.e 2024 Service Goals Connect Bus to Expand Access to Adjust to Light Rail Frequent Service Changing Market E E 0 U c 0 00 m .y .r 0 O Q. 0 Focus on Equitable CO Access N Q Transit Changes in 2024 and Beyond I Packet Pg. 102 Proposed System Map • 35 Routes • 480,000 annual service hours at completion (+32% from today) • Swift Orange Line and Swift Blue Line Expansion • New Express Route system feeding light rail • More than 3x routes with 20 minutes or better frequency • More than 2x routes with 30 minutes or better frequency • Adapts to shifting ridership trends for frequent local service Transit Changes in 2024 and Beyond g v n �1444i 54'.L f o o� — o. o7. ® m VA11 LIED 0EFRA CILE MIS EOTH� SHLi�LCE 7.2.e ::S�iYvC-T�li L SW�HOMISH f i j M7WECE E E O U O m N fA O O v CO) N O N M M U O U— CD O U) M IIW^ v! u VA 1-14 Q J 9EL:E1fJE i 103 Packet Pg. Increase in Frequent Service, AM & PM Peak STANWOOD TULALIP EVERETT Everett Seaway Station Transit Center MUKILTEO LYNNWOOD EDMONDS .sWATI&I Lynnwood U Transit Center BOTHELL ARLINGTON Smakey Point Transit Center GRANITE MARYSVILLE FALLS LAKE STEVENS SNOHOMISH MILL MONROE CREEK i 20 min or less Transit Changes in 2024 and Beyond Frequent Service added to: • Arlington • Stanwood • Tulalip • Marysville • Lake Stevens • Snohomish • Mukilteo • Mill Creek • Lynnwood • Mountlake Terrace • Edmonds • Bothell 0 U STANWOOD ARLINGTON c Smokey Point Center to GRANITE TULA)tTransit ARYSVILLE FALLS m LAKE EVERETT STEVENS 0 Everett Seaway Station >4 Transit Q MUKILTEO center SNOHOMISH V M N O MONROE N C? c%> LYNNWOOD +; D >z E D M O N D S Lynnwood H Transit Center r Proposed E BOTHELL Peak O D 0 Service 20 min or less SEATTLE .CU r c a� 76% more population and 50% more jobs within walking distance of frequent transitI Packet Pg. 104 Increase in Frequert Service, Mid -Day STANWOOD TULALIP EVERETT Everett Seaway Station Transit Center MUKILTEO LYNNWOOD Lynnwood EDMONDS Transit Center L5 BOTHEI SEATTLE ARLINGTON Smokey Point Transit Center GRANITE MARYSVILLE FALLS LAKE STEVENS SNOHOMISH MILL MONROE CREEK 1 20 min or less Transit Changes in 2024 and Beyond Frequent Service added to: • Mukilteo • Mill Creek • Lynnwood • Mountlake Terrace • Edmonds • Bothell E 0 U STAN WOOD ARLI NGTON Smokey Point Transit Center fA GRANITE TULALIP MARYSVILLE FALLS m LAKE N EVERETT STEVENS O Everett Seaway Station Transit Center MUKILTEO SNOHOMISH Q ° v CO) N MILL MONROE Q CREEK M LYNNWOOD M sZ EDMONDS Lynnwood Transit Center U r BOTHELL Proposed E Mid -day L ° Service LL L 20 min or less ° 'FATT N r E 68% more population and 40% more jobs within walking distance of a frequent transit I Packet Pg. 105 New Express Netwol ' STANWOOD ARLINGTON GRANITE TULALIP MARYSVILLE FALLS LAKE EVERETT STEVENS Seaway Transit Center MUKILTEO O SNOHOMISH MONROE MILL LYNNWOOD CREEK Lynnwood Transit Center EDMONDS Mountlake Terrace Transit Center BOTHELL Northgate Station CommuterCurrent SEATTLE 09 BELLEVUE Service Existing commuter network focusing on peak period travel to/from Seattle Transit Changes in 2024 and Beyond 7.2.e E E STANWOOD O ARLINGTON V c tv GRANITE rn TULALIP MARYSVILLE FALLS O In N LAKE EVERETT STEVENS rn O Seaway Transit MUKILTEO center SNOHOMISH p ti M N MONROE Co MILL M LYNNWOOD CREEK M Lynnwood a+ transit Center !Z EDMONDS V Mountlake Terrace Transit Center ' BOTHELL E Northgate i Station O Proposed U- Express O L BELLEVUE Service to SEATTLE N N r C a� Future Express network focusing on connections to regional transit hubs a .cOmm Packet Pg. 106 7.2.e Zip Aiderwood Shuttle • One-year pilot project • Launched October 20, 2022 • Point-to-point, on -demand travel within the Alderwood area • 7 days a week, 5 a.m. — 10 p.m. • Booked via app or phone • More than 9,000 rides to date U L O LL L 0 Co d a camm Packet Pg. 107 Swift BRT Network Buildout • Orange Line Construction • Blue Line Design • Gold Line Scoping Study • Green Line Station Siting Study 7.2.e M 5wiR Oldie Line 111I Swift Blue Line f'xWn iqn 0) aamudr"204) ar M 9al Green Lane I'll 9wft Green Line extension p $Iemedkr202��81 U lilt Swift Ora n r Line � �lamotl la 11 r r Swift Gold Une 0 �Iemedra29Qi�2lq i lilt FulureWfl Lines 0 O Transil Emphasis m Carrlddrs N — Sf2Link UgetRail }4emed fa I024j $T3 &u$ Rapid Transit aamadf"Mn .. M Link Ught Rail tlemed+or Mj } Transll Center Transil Center YAM Link Mallon ROE N 0 Q O U CO) N O N M M d t_ U E L O LL d L O L U) c� C :.i Q a� Com r Packet Pg. 108 TO SEAWAY TRANSIT CENTER i o r TO EVERETT STATION Swift • • - - 7.2.e Planned. , EVE VAS// S / I /�� inf n 0 Swift Orange Line Swift station 28II3 StSW ' 1 �,il j�.,.J� bus stops in both directions McCOLLUM PARK 3�"`� -PARK & RIDE •O' 4) QQ Swift Station bus stops only in this direction +_ E O Shared Swift Station Trillium B:VO © E O • Integration of Swift network m Swift Blue Line ® Swift Green Line MILL - UCREEK: CREED �x� d Parking available P MTOWN: toCENTER:Link5tation with Link light rail 49 ••��a� rASH WAY 153rd SI SE a p SWAMP CREEK PARK & RIDE.; m • Connections to existing Swift PARK & RIDE O: 168th St SW o � a ' MIIiCreakRd a N ++ 3 o s' LYNNWOOD is,sav �� a — o Blue Line and Swift Green Line 6thstsW 4� z o 180h St SW Maple Rd a V N • 1 mproved east -west traveI _ g4t, St SW 4910 o N <'? � � � � � � 88th St SW v ALDERWOOD cM MALL d • FTA partnership n o 96th St SW EDMONDS' COLLEGE 200111 St SW O 204th St SW © ® H U LYNNWOOD zoath s, SW..' CITY CENTER STATION (2024} TO SHORELINE NORTH/ 185TH STATION (2024} j ✓ TO SEATTLE • TO CANY + PARK & R O RK ILL L O t U) Eleven -mile -long corridor serving Mill Creek Town Center, Alderwood Mall, Edmonds N College, and Lynnwood TC, connecting Swift to the Blue Line, Green Line and light E rail. a Packet Pg. 109 7.2.e swift Blue Line Expansion • Integration with KCIVI service and Link light rail • Construction expected to start in Q2 2023 • 2 new stations at Shoreline North / 185th Station • Speed and reliability improvements along corridor • Station retrofits at all existing Blue Line stations Qc a� E D M O N DS Link Light Rail A 4minut. frequency (2024) N s RapidRide E Line 4-10 minute frequency Swift Bus Rapid Transit 10 minute frequency 11111 Proposed Extension (2024) OTransit Connections O' Parking I AURORA VILLAGE TRANSIT CENTER N 200M St IIII SHORELINE PARK & RIDE O �nnnn ■ N 185th St SHORELINE MOUNTLAKE TERRACE STATION 0 NEW SWIFT STATION AT SHORELINE NORTH/ 185TH STATION 0 N 3 K Y N m o N a y° Com I Packet Pg. 110 Swift Green Line Expansion • Integration with KCM and Stride in 2027 • Partnership with Bothell on station infrastructure • Studying station locations • Partnership for terminal study with King County Metro, Bothell, UW Bothell Seaway +" Transit Center E _ 0 Kasch Park Rd PAIN, EIELDIi PASSENGER TERMINAL 0 100th St SW 112th St SW Highway 99 LTEO ASH WAY PARK & RIDE SWAMP CREEK - PARK & RIDE LYNNWOOD 19�ro sr sw LYNNWOOD TRANSIT CENTER © Swift Green Line ■■■ Proposed Green Line Extension Q Swift Station bus stops in both directions © Swift Station bus stops only in this direction Swift Blue Line m Swift Orange Line 0 Parking available � R to EJ��`�a�v>,tiav c ®__ 0 EVERETT m (D 'ra by P aP ay a¢ a �r MARINER PARK & RIDE Q MtCOLW M PARK PARK & RIDE Trillium Blvd 0 0 MILL "' CREEK N N MILL CREEK 153rd St SE iy TOWN CV) 164th St SE d R Q 180th St SE ~ 196th St SE LO LL ® 0 208th St SE 0 t Canyon Park 220th St SE toy Park & Ride 0 to r Min 51 .bE Al `.o o YE 1951Ir St Q BOTHELL ■..F,:,. u,ngl�M ,Aalr:sr Packet Pg. 111 I • MA P/dn �Y ''rya Sys MY IRA Check out our new website! so 7.2.f SNOHOMISH COUNTY SNOHOMISH COUNTY 911 BOARD OF DIRECTORS 91 BOARD MEETING AGENDA April 20, 2023 at 8:30 a.m. r-1777 # Web Conference - Join Zoom Meeting https://us02web.zoom.us/j/86000466014?pwd=YWxBbE9HMIJuT2ZXMmtYVU8rSnBkUT09 Meeting ID: 860 0046 6014, Passcode: 195881 or dial +1 253 215 8782 Physical location: 1121 SE Everett Mall Way, Everett Police Department, South Precinct. Please note that most Board members and staff attend the meeting remotely. However, pursuant to RCW 42.30, a physical location is also provided. 1. Call to Order A. Roll Call B. Announcements 2. Public Comments 3. Approval of Agenda 4. Consent Agenda A. Minutes from the March 16, 2023 Regular Board Meeting B. March 2023 Blanket Voucher & Payroll Approval Form: i. Checks 1005 and 17159 - 17298, for a total of $1,295,752.25 ii. Payroll Direct Deposit, in the amount of $1,148,573.24 C. APF - Employee Recognition Policy Update (Annual Awards Ceremony) 5. Director's Report 6. Old Business A. APF - Employee Survey B. APF - Amended 2022 Year End Budget Activities 7. New Business A. APF - Amendments to Procurement Policy B. APF - Reclassification Operations Systems and GIS Coordinator C. APF - Alphanumeric Paging Consultant D. APF - Fleet Expansion Requests E. APF - Update to RRP Policy WT-07 F. APF - King Lake Microwave Dish Raising 8. Reports A. Agency Report B. Future Facility Project Update L 0 a� a� a� E E 0 U c L 0 m m -a O 0 N 0 M N 0 N CU a� a� a L 0 m O z c aD t r r Q Packet Pg. 113 7.2.f C. Radio Replacement Project (RRP) D. Police TAC E. Fire TAC 9. Committee Reports A. Finance Committee i. Moss Adams Internal Controls Audit B. Personnel Committee C. County EESCS Committee (formerly County E911 Office) D. County ECSF Program Advisory Board E. Future Facility F. Board Technical Leadership (No meeting) 10. Executive Session (if needed) 11. Good of the Order 12. Adjourn - The next meeting is scheduled for May 18, 2023 Packet Pg. 114 7.2.g WRIA 8 Salmon Recovery Council (SRC) Meeting Notes Zoom Video Conference I I January 19, 2023, 2:01 pm — 4:21 pm Members Present # Name Affiliation 1) CM John Stokes, Chair City of Bellevue 2) CM Vanessa Kritzer, Vice Chair City of Redmond 3) Jeanne Zornes, Deputy Mayor City of Bothell 4) CM Diane Buckshnis City of Edmonds 5) Paul Crane City of Everett 6) CM Victoria Hunt City of Issaquah 7) CM Kelli Curtis City of Kirkland 8) CM Valerie O'Halloran City of Renton 9) CM Rituja Indapure City of Sammamish 10) CM Alex Pedersen City of Seattle 11) CM Ted Frantz Town of Hunts Point 12) CM Carl Scandella Town of Yarrow Point 13) Corinne Helmer Cedar River Council 14) Larry Franks Friends of the Issaquah Salmon Hatchery (FISH) 15) Kirstin Haugen King Conservation District 16) David Kyle Trout Unlimited 17) Cleo Neculae Washington State Department of Ecology 18) Stewart Reinbold Washington State Department of Fish & Wildlife 19) Jordanna Warneck Washington State Department of Natural Resources Alternates Present 20) Michele Koehler City of Seattle 21) CM John Brock Town of Woodway 22) Sarah Heerhartz Mid -Sound Fisheries Enhancement Group 23) David Bain Sno-King Watershed Council Other Attendees 24) Cheryl Paston City of Bellevue 25) Janet Geer City of Bothell 26) Allen Quynn City of Issaquah 27) Richard Sawyer City of Kenmore 28) Rowena Valencia-Gica City of Kent 29) Rachel Konrady City of Kirkland 30) Tom Hardy City of Redmond 31) Peter Holte City of Redmond 32) Kristina Lowthian City of Renton 33) Toby Coenen City of Sammamish 34) Guillaume Mauger Climate Impacts Group 35) Denise Di Santo King County 36) Lara Whitely Binder King County 37) John Klochak King County 38) Dan Lantz King County 39) David St. John King County 40) Matt Maria King Conservation District 41) Rosa Mendez -Perez King Conservation District 42) Larry Reymann Environmental Science Center Packet Pg. 115 7.2.g WRIA 8 Salmon Recovery Council (SRC) Meeting Notes Zoom Video Conference I I January 19, 2023, 2:01 pm — 4:21 pm 43) Tracy Banaszynski Mid -Sound Fisheries Enhancement Group 44) Peggy Lee Mid -Sound Fisheries Enhancement Group 45) Roger Urbaniak Puget Sound Anglers 46) Don Gourlie Puget Sound Partnership 47) Gary Smith Trout Unlimited 48) Stephen Munro U.S. Army Corps of Engineers (Corps) 49) Jim Schloemer Washington Department of Fish & Wildlife 50) Hank Myers Washington Policy Center 51) Whitney Neugebauer Whale Scout 52) Carrie Byron WRIA 8 Projects and Funding Coordinator 53) Jason Mulvihill -Kuntz WRIA 8 Salmon Recovery Manager 54) Lauren Urgenson WRIA 8 Technical Coordinator 55) Renee Leichliter WRIA 8 Administrative Coordinator I. Welcome and Review Participants - Councilmember (CM) John Stokes, Chair, called the January 19, 2023, Salmon Recovery Council (SRC) meeting to order at 2:01pm. Chair Stokes welcomed everyone and established quorum by conducting roll call. II. Public Comment: No public comment. III. Consent Agenda: SRC meeting minutes from November 17, 2022 were discussed. No edits were received prior to this meeting. Action: The SRC voted unanimously to approve the November 17, 2022 meeting minutes. IV. Updates & Announcements —Jason Mulvihill -Kuntz, WRIA 8 Salmon Recovery Manager • Jason MK reviewed how WRIA 8 staff are approaching work to advance priority actions in the SRC's Diversity, Equity, and Inclusion (DEI) strategic plan. • Jason MK summarized the 2022 Partner Satisfaction survey results. Generally good to excellent scores were received across the board regarding WRIA 8 services. Specific areas of interest or topics for future WRIA 8 Salmon Recovery Council meetings got a variety of suggestions, including King County Regional Stormwater Summit goals and process, local regulations and ordinances that support salmon, and how WRIA 8 connects with state-wide and Puget Sound regional salmon recovery effort. • The 2023 WRIA 8 grant round is open with upcoming notice of intent deadline of January 25t". Carrie Byron is available for review of proposals and any questions. There is currently an opening for a Salmon Recovery Council member on the Cooperative Watershed Management (CWM) Project Subcommittee to review grant proposals. Anyone interested in participating should reach out to Carrie Byron. Vice Chair CM Kritzer shared her experience on the Project Subcommittee and the site tours she got to be a part of. CM Buckshnis also shared her experience and encouraged others to consider serving on the Project Subcommittee even if they are not a scientist. She emphasized that being an elected official can provide a helpful perspective. • WRIA 8 staff is hosting a technical pinniped predation workshop focused on the Ballard Locks and Lake Washington Ship Canal using SRC approved funds. The goal is to share lessons learned based on past efforts and recommend future adaptive management Packet Pg. 116 7.2.g WRIA 8 Salmon Recovery Council (SRC) Meeting Notes Zoom Video Conference I I January 19, 2023, 2:01 pm — 4:21 pm • Jason MK noted the recently updated fish consumption Department of Health Advisory on Lake Washington and Lake Sammamish. High levels of "forever chemicals" have been found in the watershed, including several fish species. Discussion: • CM Frantz asked if there is a sense of how these chemicals work their way through the food chain and how it affects salmon? Lauren Urgenson stated fish species higher in the food chain contain the concentration of these chemicals. Adult salmon are not eating in the lake and have not been shown to contain high concentrations of the chemicals. • Larry Franks added he has seen data showing ocean -reared fish have smaller concentrations of chemicals. • Jason MK noted the newly formed WRIA 8 Implementation Technical Committee (ITC) had its first meeting in January and proved to be a good place to share information across all participants and partners in WRIA 8. The Technical Committee will keep meeting dates in the off months that the ITC is not meeting to focus on site visits, projects, or various priority science and monitoring questions. V. Chair and Vice Chair Selection (Decision item) —Jason Mulvihill -Kuntz, WRIA 8 Salmon Recovery Manager CM Buckshnis nominated CM Stokes for Chair and CM Kritzer for Vice Chair, which was seconded by CM Curtis. Action: The SRC voted unanimously to approve CM Stokes as Chair and CM Kritzer as Vice Chair of the WRIA 8 Salmon Recovery Council through 2024. VI. Legislative Priorities Update and Draft Letter to State Legislators (Decision item) -Jason Mulvihill -Kuntz, WRIA 8 Salmon Recovery Manager and Don Gourlie, Puget Sound Partnership The 2022 legislative session was a "short", 60-day session, and included a robust budget and more introduced legislation than usual. However, much of the introduced legislation didn't make it into law but did start policy conversations that have carried forward into the current session. The 2023-2025 biennium is a long, 105-day session and development of the capital budget. The operating budget is currently at $4.5 billion, which is substantial, but is likely to be consumed by inflation and maintenance of certain budget items. The capital budget has significant bond capacity, but Western State Hospital Project is scheduled to use $895 million of that budget. Jason reviewed the funding levels of WRIA 8's 2023-2025 state budget priorities in the Governor's proposed budget. While WRIA 8's priorities include capital budget funding requests that are higher than the Governor's proposed budget, the Governor's budget provides good funding support for many key funding programs. Jason reviewed the draft letter to legislators expressing WRIA 8 support for key budget request and policy priorities. The letter is intended to be sent to legislators with districts in WRIA 8 and to leadership of key budget and natural resource committees. Letter to state legislators in packet has been reviewed and refined by the WRIA 8 legislative subcommittee and is being brought to the SRC for approval. Packet Pg. 117 7.2.g WRIA 8 Salmon Recovery Council (SRC) Meeting Notes Zoom Video Conference I I January 19, 2023, 2:01 pm — 4:21 pm Jason also reviewed a Puget Sound Partnership hand out highlighting federal priorities that were part of Congress' recently approved National Defense Authorization Act (NDAA), which provided funding and support for priority Puget Sound recovery and salmon recovery work, including creating a Puget Sound National Program Office within the Environmental Protection Agency (EPA). This provides a much stronger focus on Puget Sound recovery work and better coordination across Federal Agencies, elevating Puget Sound to the level of Chesapeake Bay and the Great Lakes. Additionally, a significant amount is being sent to the Puget Sound Geographic Program and National Estuary Program which support Puget Sound recovery and salmon recovery priorities. A new provision in the Water Resource Development Act (part of the NDAA approval) authorizes the Army Corps of Engineers to conduct a feasibility study of possible changes at the Ballard Locks including fish ladder improvements and efforts to fix high water temperatures and low dissolved oxygen conditions. Jason praised the work of the WRIA 8 Legislative Subcommittee and noted that anyone is welcome to join and interested individuals should reach out to him. Discussion: • Vice Chair Kritzer added there are projects generally focused on salmon recovery on the Puget Sound Acquisition and Restoration (PSAR) grant program, so that's an important program to support even if there are no projects in WRIA 8 this session. • CM Frantz asked if WRIA 8 is coordinating with other WRIAs on the funding request numbers included in the letter? Jason said the numbers are developed in coordination with other WRIAs and with various state agencies. Action: The SRC voted unanimously to approve the letter to state legislators. Don Gourlie joined the meeting later and spoke briefly on the status of the legislative session. Don highlighted House Bill 1215 that is focused on protecting and restoring riparian areas and would create a new $100 million grant program administered by the Washington State Conservation Commission. He also highlighted Senate Bill 5104 that would create a new marine shoreline monitoring program, a bill at the request of the Department of Natural Resources to identify and remove derelict aquatic structures and House Bill 1181 and Senate Bill 5203 which are focused on housing and growth management. VII. Impacts of Climate Change on Watershed and Salmon (Information) — Lauren Urgenson, WRIA 8 Technical Coordinator, Guillaume Mauger, Climate Impacts Group, Lara Whitely Binder, King County Guillaume Mauger provided an overview of climate change impacts. He noted the average year in the Northwest has showed about 2 degrees of warming in the last century and projected changes are much larger. Sea level rise has risen roughly 4 inches in the last 70-90 years and 2 feet of rise is forecasted in the next 100 years. Snowpack has declined in the Cascades by 15- Packet Pg. 118 7.2.g WRIA 8 Salmon Recovery Council (SRC) Meeting Notes Zoom Video Conference I I January 19, 2023, 2:01 pm — 4:21 pm 30% in the last 75 years and that number is projected to rise to 42-55% by 2050. This could increase flooding with more areas experiencing rainfall as opposed to snowfall. Heavy rain events are projected to become 22% more intense which translates to delivery of 22% more water, and since soil is already saturated during this time floods that result could be much larger. Salmon could be impacted across their full life cycle by climate change from floods, early peak flows, and warm and low streamflow. Recent studies done on flood benefits from tributary stream restoration have shown restoring tributaries may be more effective in reducing flood peak and storing sediment and could even be more effective than levee setbacks by comparison. Climate adaptation is iterative, it is most important to get started and improve over time. Lara Whitely Binder discussed how King County is preparing for climate change and the direct and indirect impacts on salmon recovery. The good news is the work being done in WRIA 8 for salmon recovery are the types of activities necessary to reduce harmful effects of climate change on salmon. The not so good news is it needs to be completed faster and increased effects of climate change may make doing the work harder in the future. King County's commitment to fighting climate change is formalized in the 2020 Strategic Climate Action Plan (SCAP). This 5-year plan contains the strategies for reducing greenhouse gas emissions, preparing for the impacts of climate change, and advancing climate equity. King County is focused on accelerating climate preparedness through regional collaborations on several SCAP actions including, King County Cities Climate Collaboration and the Puget Sound Climate Preparedness Collaborative. Some direct SCAP actions that support salmon recovery are the Fish Passage Restoration Program, flood management infrastructure and mitigation activities, and stormwater facility and wastewater conveyance infrastructure design. King County is also investing in research and technical capacity to assess potential benefits of levee setbacks, evaluate projected changes in flood flows and summer low flows, and partnering with others to reduce climate change impacts on salmon. Lastly, King County is accounting for climate change in codes and policies by incorporating climate change into plan updates and updating shoreline codes to account for sea level rise. Lauren Urgenson described actions in WRIA 8 to foster climate resilience in the watershed. The updated 2017 WRIA 8 Plan includes a section on climate change and a list of priority actions for the watershed. Some of these include reconnecting floodplain, restoring natural shorelines, protecting high quality habitat, and removing fish passage barriers. Lauren shared a few example projects. King County's Rainbow Bend restoration site on the Cedar River was initially a confined/straitened channel disconnected from its floodplain. High flows were concentrated within the straitened channel leading to riverbed scour and the fish had no place to hide with very limited access to any slower water refugia during floods. After construction, flood water was more able to spread along the channel, with reduced downcutting, reduced peak flows and scour, and increased refuge from floods. Spreading water across the floodplain also lifts the water table and reconnects with cooler subsurface flow. Storing water in the floodplain can also create thermal refugia in the floodplain throughout summer. Hyporheic restoration on Thornton Creek is a project completed by Seattle Public Utilities to improve stream habitat and Packet Pg. 119 7.2.g WRIA 8 Salmon Recovery Council (SRC) Meeting Notes Zoom Video Conference I I January 19, 2023, 2:01 pm — 4:21 pm address the effects of stormwater in urban areas. Urban areas contain more impervious surfaces that cause rapid runoff into streams that can contain pollutants and sediments that are detrimental to salmon. Increased flooding in winter and low flows in summer associated with climate change are exacerbated in urban areas where impervious surfaced lead to rapid run off into streams, also limited infiltration and groundwater rechange and exchange so lose the cooler ground water to help buffer high stream temps in summer. The hyporheic is an ecotone between surface stream flow and groundwater and is a very active area for stormwater contaminant absorption and treatment. The Thornton Creek hyporheic zone restoration showed significant reductions in 83 identified chemical pollutants linked to vehicle/roadway runoff. High temperatures in the Lake Washington Ship Canal are another climate change impact important to WRIA 8. Increased water temperature resulting from increased air temperature heating the surface water in Lake Washington. In the Lake Washington Ship Canal daily average surface temperatures between 2009-2019 were monitored and it was found that temperatures in the ship canal exceeded stress thresholds for salmon 87-95% of the time in the peak salmon season of May -September and 100% of the time during July -August which is when adult Chinook are typically making their way through the Ship Canal. WRIA 8 is working with Long Live the Kings and other partners to identify and model alternatives to address high temperatures in the Ship Canal. Discussion: • CM Frantz asked what models are being used to predict the future trends in temperature and sea level changes? Guillaume Mauger clarified the global modeling is beyond the scope of the Climate Impacts Group but they use those models to assess and build local models. • CM Buckshnis asked if the financial implications are being looked at, what will it cost to implement these types of changes? Lara Whitely Binder mentioned King County has looked at the cost of specific actions and as components of projects, but currently most economic impact studies are on the national level are more specific to certain areas or commodities. There aren't many economic assessments that have looked holistically at climate change and it would be a large undertaking including many parts. • CM Frantz added he read an article about recent flooding in Northern California and if storing snowmelt or water earlier in the season and metering it out over the summer has been something King County has looked at? Lara Whitely Binder clarified there aren't many sites that could support that and economically it is a huge undertaking. Guillaume Mauger added research in forest management is being done in addition to conservation and helps identify the most cost-effective management strategy. VII. Success Story — Community Action Training School (Information) — Tracy Banaszynski, Mid Sound Fisheries Enhancement Group The Community Action Training School (CATS) educates and supports watershed residents in becoming active community champions for improved watershed health and recovery of wild Packet Pg. 120 7.2.g WRIA 8 Salmon Recovery Council (SRC) Meeting Notes Zoom Video Conference I I January 19, 2023, 2:01 pm — 4:21 pm salmon. CATS coordinates classroom and field experiences that provide participants with information about scientific, political, and social issues relevant to driving change in the watershed that benefits salmon. Tracy highlighted several of the projects from the 2022 cohort, including "StreamFest" in Kenmore which was a community education and outreach event, development and execution of a mural in Lake Forest Park, development of a story map and interactive history of Edmonds Marsh, forming a new citizen advocacy group surrounding the health of Edmonds Marsh, and a project focused on ecological zoning. Discussion: • Vice Chair Kritzer asked if there is a central place for all the documentation on projects in the past? Additionally, Vice Chair Kritzer asked if Tracy would be able to share more information about the ecological zoning project. Tracy wants to create a longer -term storage solution for people to access and view but currently that does not exist. Tracy said she would send information about the ecological zoning project to Jason MK to distribute. • Next Meeting: Chair Stokes noted the next SRC meeting is March 16, 2023, from 2:00 pm — 4:15 pm. Meeting Adjourned at 4:21 pm. Packet Pg. 121 7.2.h Arlington AEdmonds-4Everett-4Granite Falls-AHousing Authority of Snohomish County AHA/� Lake Stevens -Lynnwood -Monroe -Marysville AMill Creek -Mountlake Terrace A /�i 17/�i -Alliance for AMukilteo -Snohomish -Snohomish County -Stanwood AWoodway A Housing Affordability Alliance for Housing Affordability Joint Board Wednesday, January 25t", 2023 Via Zoom 4:32PM — 5:51PM Meeting Minutes Participating: Kyoko Matsumoto -Wright City of Mountlake Terrace Matthew Siddons Snohomish County PDS Josh Thompson Snohomish County Council Brad Shipley City of Edmonds Brooke Eidem City of Snohomish Tansy Shroeder City of Stanwood George Hurst City of Lynnwood Chris Collier AHA Anita Marrero City of Monroe Karen Guzak City of Snohomish Jennifer Gregerson City of Everett Liz Vogeli City of Everett Anji Jorstad City of Lake Stevens Mark Smith HCESC Amber Piona Snohomish County PDS Brent Kirk City of Granite Falls Jackie Anderson Snohomish County HSD Jason Gauthier SSHA3P John Brock Town of Woodway Linda Redmon City of Snohomish Peter Condyles City of Marysville 1. Call to Order and Introductions Meeting called to order by Liz Vogeli at 4:32PM, attendees introduced themselves, and shared a brief icebreaker of their first post -academic living situation. 2. Agenda Change Due to conflicting meetings, the agenda was re -arranged to discuss legislative action first. 3. Legislative Discussion Program manager introduced AHA's tracking of bills in the State Legislature, and gave detail on HB1110. Members encouraged PM to report back at the next meeting on legislative changes and moving bills. Questions ranged from 1110's impact on parcels currently served by drain fields not sewer, and current/future HOAs and covenants, as well as the need for condominium liability reform to make this effort successful. 4. AHA FY24 Budget & Work Plan Packet Pg. 122 7.2.h Arlington AEdmonds AEverett AGranite Falls AHousing Authority of Snohomish Coun y AHA -Lake Stevens -Lynnwood -Monroe -Marysville -Mill Creek -Mountlake Terrace Alliance for AMukilteo -Snohomish -Snohomish County -Stanwood AWoodway A Housing Affordability Discussion of AHA FY24 budget and work plan, Tansy Shroeder motioned, Karen Guzak seconded, adoption of the budget and work plan as -written. Motion passed unanimously with no discussion. 5. Data Updates / New Program manager updated members on current and pending data tools for use by cities, including rental data tracking, updated city workforce wage data from Employment Security, and the ability to review parcels city -by -city and model impacts of uses are changed. 6. AHA Website Program Manager updated board on the AHA websites continuing redevelopment, including bite -sized video clips explaining data in small, digestible sections. Members contributed ideas to improve the website's functionality, including a comments and requests box to submit data requests without having to send a separate email. PM to work on this and related projects. 7. Next Steps Next AHA meeting scheduled for March 22 2023 at 4:30PM via Zoom as a worksession to discuss Legislative updates. 8. Adjourn Karen Guzak adjourned the meeting at 5:51PM. Packet Pg. 123 7.3 City Council Agenda Item Meeting Date: 04/25/2023 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 April 13, 2023 and April 19, 2023. Attachments: Public Comments April 25, 2023 Packet Pg. 124 7.3.a Edmonds City Council Public Comments — April 25, 2023 Submitted on: 4/13/2023 11:31:02 AM Name: Tricia Teneycke City of Residence: Edmonds Agenda Topic: Gas powered leaf blowers Comments: To the Edmonds City Council, Please ban gas powered leaf blowers from Edmonds. Leaf blowers contribute to air pollution, noise pollution, and disruption to the habitats of animals and insects. These problems negatively impact humans and animals alike. There are many challenges in shifting human habits that contribute to global warming. The ban of gas powered leaf blowers is a manageable change that causes negligible strain on humans as there are other effective options for homeowners to care for their land and property. Thank you for the work that you do and your consideration of my request. Sincerely, Dr. Tricia Teneycke Submitted on: 4/17/2023 2:53:02 PM Name: Sally Lider City of Residence: Lynnwood Agenda Topic: MOU with WSDOT Comments: Please support the signing of a Memorandum of Understanding between the City of Edmonds and Washington State Department of Transportation (WSDOT) that facilitates the purchase of the 22 acre parcel near Edmonds Marsh (the Unocal property) by the City and confirms its intended use as a fully functioning estuary and wildlife refuge. It is important that the city sign the memorandum of agreement with the State department of Transportation in order to confirm intent to move forward with a contract to purchase the former Unocal property. If the city does not sign, it puts the proposed sale in jeopardy and increases the chance that developers will buy it and build high rise condos there. I may not be an Edmonds resident, but I feel a deep connection with the Edmonds Marsh, and firmly believe that the best possible public benefit to the citizens and environment of Edmonds would be to preserve this 22 acre parcel permanently, and work towards it's complete restoration. Thank you for your consideration, Sally Lider Former Environmental Education Coordinator for City of Edmonds, Now retired Submitted on: 4/18/2023 2:40:16 PM Name: Lora Tollefson City of Residence: Edmonds Agenda Topic: Increase in vehicle tabs Comments: Hello - I read about the proposed 100% increase in the City's portion of vehicle tabs. In this time of inflation, gas price increases, "supply chain issues", price hikes at restaurants, and every other increase, I'm really astounded that the Council would think taking another $20 from residents would be an acceptable solution. Talk about bad timing! What portion of our property taxes currently go toward N r c m E E 0 U v a c a� r e Packet Pg. 125 7.3.a Edmonds City Council Public Comments — April 25, 2023 the City of Edmonds, specifically road maintenance? How have you spent this in the past? Can we borrow/take/forego money from other projects to put towards streets? I'd much rather you put the $67,000+ proposed for more "art" on 4th Avenue towards necessary projects. The roads are terrible, but is that because you haven't been spending the money wisely? Or because the maintenance is truly being completed at a higher cost than normal? And that brings us back to the point: if you need money because the costs have risen, try to imagine being one little person in this city dealing with rising costs who needs help with the additional $20. Please don't raise our costs again. Cut your budget elsewhere, just like the rest of us. Thank you Lora Tollefson Submitted on: 4/18/2023 2:46:16 PM Name: Bernie Zavala City of Residence: yes Agenda Topic: MOU with WSDOT purchase of the old Unocal property Comments: I have been following and volunteering for the restoration of the Edmonds Marsh for a few years. From my point of view the Edmonds Marsh is a true treasure for the city of Edmonds, the Marsh was once a true Estuary with a pathway for Salmon habitation. The WA State Department of Ecology has listed the Former Unocal Edmonds Bulk Fuel Terminal as a cleanup site under the Model Toxic Control Act (MCTA) and has been working with Unocal/Chevron to remediate this toxic site. The cleanup is not complete, only an early action to interim action has taken place. Future documents will be coming in the summer of 2023. These documents will lead towards a Final Remedy. I have worked in the Environmental field as a Hydrologist and I would recommend to the City Council of Edmonds not to sign the MOU until all the data and recommendations has been put forward by the Department of Ecology. It is important that the Cleanup Standards are set to allow the Sediment, Groundwater and Surface Water to be adequate for the protection of the Marsh and it's habitat from the Marsh to Puget Sound. Again, it appears too early for the City to sign the MOU with WSDOT. Submitted on: 4/19/2023 9:50:48 AM Name: James Fairchild City of Residence: Edmonds Agenda Topic: General Comments: If I am correct 2012 city budget was 33 million and in 2022 it was 121 million. How do you justify a 4 fold increase in expenditures in just 10 years? How is the city better now than then how has that extraordinary increase benefited the citizens? Would the citizens be better off with lower taxes instead of out of control government growth? My fear is in 10 years the budget will quadruple again. Please no new taxes no tax increases no budget increases. N r C m E E 0 U v a c a� r e Packet Pg. 126 8.1 City Council Agenda Item Meeting Date: 04/25/2023 Approval of Special Meeting Minutes of April 18, 2023 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Committee Meeting minutes as part of the Consent Agenda. Narrative The Council committee meeting minutes are attached. Attachments: E041823 Special Packet Pg. 127 8.1.a EDMONDS CITY COUNCIL SPECIAL MEETING ELECTED OFFICIALS PRESENT Neil Tibbott, Council President Vivian Olson, Councilmember Will Chen, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember ELECTED OFFICIALS ABSENT Mike Nelson, Mayor 1. CALL TO ORDER DRAFT MINUTES April 18, 2023 STAFF PRESENT Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council special meeting was called to order at 6:25 p.m. by Council President Tibbott in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. 2. INTERVIEW CANDIDATE FOR APPOINTMENT TO A CITY BOARD/COMMISSION 1. INTERVIEW CANDIDATE FOR BOARD/COMMISSION Council President Tibbott introduced Councilmembers Olson and Nand who were participating via Zoom and Councilmembers Teitzel, Chen, Paine and Buckshnis and Council President Tibbott introduced themselves. Councilmembers interviewed Samantha Hopper for appointment to the Sister City Commission. (responses in italics): Councilmember Teitzel asked what drew her to this opportunity. I have been very interested in driving cultural understanding in travel and giving those opportunities to others since I was given that opportunity in high school. I grew up in a small rural town in Central Washington, Prosser, and was given that opportunity in high school with a lot of fundraising support to visit Europe, an opportunity that otherwise would not have been available to me based on economic status. That trip really solidified how important travel is and how important it is to meet people from other cultures and to learn about the world beyond where you live. Since then I've made Spanish language part of my background; I've studied international business, I've visited 24 countries and I support students in my day job as the leader ofAmazon's internship program which supports students in over 40 countries, giving them opportunities that may otherwise be challenging. We provide them cultural understanding and opportunities to interface with people all around Edmonds City Council Draft Minutes April 18, 2023 Page 1 Packet Pg. 128 the globe and that really drives passion in me. I found out about this opportunity through perusing the City's website, looking for opportunities to get involved and this caught my eye because it is actually my passion and I thought this was something I could contribute to Edmonds. Councilmember Chen commented Edmonds currently has one sister city; he asked her perception of having multiple sister/brother cities. I've wondered that myself. My research found many similarly sized cities have more than one sister city. Most important is retaining a really strong connection to the relationship the City already has with Hekinan. If the City felt they were in good standing and had a good program with Hekinan, I could see an opportunity to expand and consider additional cities to broaden our reach and connection with cities in other countries that may have similarities to Edmonds such as size, industry, and opportunity to learn. There is definitely an opportunity, but I would want to make sure the City feels strongly connected to Hekinan first and foremost. Councilmember Paine commented Ms. Hopper's background in working with students and interns is extensive. She asked what steps would need to be taken to bring back the student exchange program. Having the opportunity to travel in high school was transformative for me and for others who have had that opportunity, getting outside of your comfort zone and experiencing the uncertainty and newness is really important and brings understanding and makes people more well-rounded and empathetic. Giving that opportunity to students is really impactful and can be a good opportunity in Edmonds. I'd suggest considering how that opportunity can be expanded so it is not just for the affluent who can afford it, but also offering the opportunity to others. The student exchange change program would be very impactful and I would definitely like to pursue that. Councilmember Buckshnis commented her resume and her description of job illustrates she is perfect for this commission. She asked which of the 24 counties she visited were her favorites and why. Japan is actually one of my favorite countries because I find the culture absolutely beautiful and the collectivistic society and how everyone looks out for each other is very inspiring. I had the opportunity to volunteer in Ecuador and found that also very inspiring; the people are incredibly hardworking, kind and hospitable and volunteering there was very transformative for me. Council President Tibbott asked if Ms. Hooper had heard about any of the activities during the exchange program and which ones sounded intriguing to her. Although I have not yet participated in any of the activities, I am excited to do that. I understand there are events and activities for visitors from Hekinan including visiting downtown Seattle, sporting activities, Halloween festivities in Edmonds, and other local opportunities to get to know Edmonds. I'm excited to focus on understanding broader Washington and finding local activities to learn about Edmonds, the entire area and its history. Council President Tibbott asked if she had met any of the Sister City Commission members, Yes, I had the opportunity to connect with Colin Torretta who was very helpful in providing background on his experience on the commission, what has worked well, and what they are interested in doing in the future. Council President Tibbott advised Ms. Hopper's appointment to the Sister City Commission will be approved on tonight's Consent Agenda. 3. CONVENE IN EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(I) At 6:35 p.m., the city council convened in executive session for approximately 20 minutes to discuss pending or potential litigation per RCW 42.30.110(1)(i). The executive session concluded at 6:55 p.m. Edmonds City Council Draft Minutes April 18, 2023 Page 2 Packet Pg. 129 8.1.a RECONVENE IN OPEN SESSION The meeting was reconvened at 6:56 p.m. ADJOURN With no further business, the Council meeting was adjourned at 6:56 p.m. Edmonds City Council Draft Minutes April 18, 2023 Page 3 Packet Pg. 130 8.2 City Council Agenda Item Meeting Date: 04/25/2023 Approval of Regular Meeting Minutes of April 18, 2023 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Committee Meeting minutes as part of the Consent Agenda. Narrative The Council committee meeting minutes are attached. Attachments: E041823 Packet Pg. 131 8.2.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES April 18, 2023 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Neil Tibbott, Council President Vivian Olson, Councilmember Will Chen, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Dave Turley, Administrative Services Director Susan McLaughlin, Planning & Dev. Dir. Todd Tatum, Comm. Serv. & Econ. Dev. Dir. Rose Hahn, Planner 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 5' 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 c since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their a sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land a and water." M N 00 3. ROLL CALL 0 w City Clerk Scott Passey called the roll. All elected officials were present. c a� 4. APPROVAL OF AGENDA t c� r COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO Q APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO AMEND THE AGENDA TO REMOVE ITEM 8.4, TRANSPORTATION BENEFIT DISTRICT - LICENSING FEE INCREASE. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Mayor Nelson described the procedures for audience comments. Edmonds City Council Draft Minutes April 18, 2023 Page 1 Packet Pg. 132 8.2.a Bill Dairy urged the council to support the MOU with WSDOT for the Unocal property. He read the language in the legislation, noting there is an impression that the City already has an MOU for first right of refusal. "During the 2023/2025 biennium if the department takes possession of the property situated in the City of Edmonds for which a purchase agreement was executed between Unocal and the Department in 2005, and if the Department confirms that the property is still no longer needed for transportation purposes, the Department shall provide the City of Edmonds with first right of purchase at fair market value in accordance with RCW 46.12.063 for the City's intended use of property to rehabilitate nearshore habitat for salmon and related species." He emphasized the City does not have first right of refusal; the legislation simply directs WSDOT to negotiate a first right of refusal with the City. He urged the council to support the MOU because denying it means the City has no first right of refusal for purchase of the property. He asked what message that would send to the legislature if they go to the trouble of adding a provision and the City of Edmonds says, oh, never mind, we changed our mind. He noted there was nothing in the MOU that affects the City's ability to direct land use now or in the future. The MOU can be renegotiated or terminated, it is non -binding, is a first right of refusal and can be refused if the terms are not acceptable when the time comes. Since it is a legislative action, it only applies to the current biennium and legislation currently under review would apply to the next biennium, but then would terminate; it is not a permanent agreement, it is a just a directive to WSDOT. Jim Pomelo agreed with Bill Dairy's comments, the MOU is a non -binding agreement. Lynn Pomelo agreed with Jim Pomelo's comments. Laura Walls, Edmonds, spoke in favor of signing the MOU between the City of Edmonds and WSDOT regarding the purchase of the Unocal parcel. She understood there were differences of opinion regarding m when to sign it due to uncertainty about the toxicity report and the mandate for high density housing coming from the State. She feared the goal of preserving and expanding the marsh may be lost through delay and trusted that the city council would work closely to prevent that calamity. She purchased her property in Edmonds specifically because it looks out on the marsh, its shifting moods in all weathers, the tidal surges, the continual pageantry of wildlife, and constant visitors strolling the boardwalk. Few people know about ° the marsh, hidden behind a shopping mall and built over the marsh's northern third, the boardwalk gives c only limited access to what's left and no trespassing signs barricade the marsh's southern half, the Unocal a parcel. What people can't see is that the Edmonds Marsh is part of a single and spectacularly diverse a ecosystem and the disputed Unocal parcel is the missing piece that pulls it all together. Acquiring and restoring the Unocal site to a fully functioning estuary is absolutely crucial to reuniting the larger pieces N into a larger vision. 0 w Ms. Walls continued, imagine Edmonds Park, the Willow Creek Salmon Hatchery, the restored Edmonds Marsh and estuary and Marina Beach all interconnected into a single natural area, a priceless necklace of cultural, historic, artistic and natural treasures reaching from lowland forest to freshwater marsh, to saltwater estuary to shoreline beaches. The educational potential for a restored marsh estuary complete with trails, viewing stations and the interpretive center at Will Creek Hatchery is enormous. Edmonds tidal marsh Q is the heart of this entire system, nothing less than the heartbeat of Edmonds and the remediated Unocal parcel is the missing piece, the one that joins together the other elements of this ecological hole. As the resident of a condo complex, she recognized that high density housing is also essential, but without protected public commons open to everyone, high density housing becomes crowded and oppressive. By contrast, Edmonds thrives because of its great diversity of public spaces. Losing the beautiful and vibrant wilderness at Edmonds backdoor, the greater Edmonds Marsh and estuary, will be the loss of the heart of Edmonds. Kathleen Sears, Edmonds, said the MOU is a significant step forward and should be signed. She reviewed the following to dispel misconceptions, 1) the MOU locks the City into the current development zoning for Edmonds City Council Draft Minutes April 18, 2023 Page 2 Packet Pg. 133 8.2.a the purpose of determining fair market value. No, the MOU does not address zoning and does not bind the City to anything. 2) the current HB 1110 will increase the possibility of housing density on the Unocal property. No, the MOU does not do that, it is impossible to walk to the train station in'/z mile or less unless one walks on water. Although she could dispel other misconceptions, she trusted the council could figure them out. Signing the MOU is important and should be done sooner rather than later. The City's most important marsh -related need is raising its negotiating status with WSDOT. The MOU does that by beginning communication about the Unocal purchase. The fact that WSDOT has already signed the MOU is huge; they have made a gesture of goodwill demonstrating their willingness to work with the City and she was pleasantly surprised and very relieved by that. Less than four years ago, the council voted down the waterfront connector agreement that the former mayor negotiated with WSDOT. She still believes that was absolutely the right decision; however, it has had repercussions because WSDOT felt burned by the City. In subsequent discussions about marsh restoration with Senator Marko Liias and Representative Strom Peterson, each made it clear that WSDOT's biggest takeaway from that was that Edmonds' government was not unified and thus not a reliable negotiating party. To work with WSDOT in the future, they advised the City to ensure that the administration and council were on the same page. Signing the MOU will demonstrate that. The City needs WSDOT more than WSDOT needs the City; the MOU is not just a goodwill gesture, it describes the process that can be used to transfer the property which no other current document does. Marjie Fields, Edmonds, completed Ms. Sears' comments, if I have learned one thing in my 72+ years on this planet, it is that relationships are important. She encouraged the council to exemplify this value by authorizing the signing of the MOU. Ms. Fields began her comments, everyone wants what's best for the marsh. Whether the MOU helps or hinders that goal has obviously led to arguments and questions and a concerns about the wording and impact of the MOU have be raised. Those questions and concerns have been taken seriously by her colleagues and her in the Edmonds Marsh estuary advocacy group. After carefully studying the issues, they came to the conclusion that many of the concerns are extraneous to the scope of an MOU, some are not supported by facts or are best dealt with after signing, and others are covered in other documents. They see no risk in signing the non -binding MOU now. Their team is convinced that not signing would carry enormous risks, sending a message to WSDOT that the City is not serious about purchasing the property and indicating to the legislature and potential funding sources that ° the City is not serious about restoring the marsh. WSDOT does not need Edmonds; if Edmonds looks like c an unreliable business partner, WSDOT can sell the property elsewhere. Grant agencies don't need a Edmonds either. Edmonds needs to show they are committed to purchasing the Unocal property and using a a it to restore the marsh to a fully functioning estuary. Similarly, legislators do not want to waste their time supporting Edmonds and restoring the marsh if Edmonds cannot agree on what it wants to do. Lack of N commitment is the message that would be sent by rejecting the MOU. 0 w Mike Mitchell, Edmonds, speaking as a Pt. Edwards owner, said he worked on getting the permit for the land use action on the Pt. Edwards slope and is familiar with the issues and work done by the planning board. He returned from vacation to discussions about the MOU; Pt. Edwards is the largest abutting land owner (261 residences) with more viewpoints of the marsh than anywhere else and no one notified them about this issue. There is the boardwalk near the businesses, two viewpoints on Pine Street, and another on Q the loop road and a path with views of the marsh that is open the public that was imposed upon the developer; there is no good viewpoint from SR-104 or the railroad tracks. Someone put up notices at the viewpoints encouraging people to take photos which some residents objected to. With regard to views, he did not anticipate housing would be built on the Unocal property, more likely it would be recreation, salmon restoration, wildlife and urban forest. He urged the City to ensure viewpoints of whatever occurs in the marsh. Joe Scordino, Edmonds, said he has spent more time in the marsh than everyone in the room collectively. He knows the marsh, he has spent time there, he has talked to WSDOT, he knows the facts and the misconceptions, and knows BS when he sees it. The council has a serious challenge before it, making a Edmonds City Council Draft Minutes April 18, 2023 Page 3 Packet Pg. 134 decision that will have huge implications on the waterfront and the Edmonds taxpayers. He asked about the SEPA document, required when decisions of significance to the environment or human health. He suggested without a SEPA document, the council could not make a decision tonight. He referred to the FAQ in the packet, noting one question everyone has been asking is not included, why doesn't the MOU mention the marsh? He asked how people can say the MOU is beneficial to the marsh when the words marsh or salmon do not appear in the document. He was offended and suggested the city attorney should be offended by the fact that there is essentially a blackmail attempt in the MOU; WSDOT is saying they have documents that may change the City's mind on the property, but they will not release them until the City signs the MOU. He questioned why the MOU does not refer to the tidal negotiations that WSDOT will be entering into with the Department of Ecology, and Chevron purchase and sale agreement, Clause 4.3.7 refers to restricted covenants. If councilmembers were not aware of that issue, he suggested they needed to vote no on the MOU. Susie Shafer, Edmonds, said she has talked to the council about the marsh many times since the early 80s but did not plan to talk about it tonight. She provided a copy of the governor's proclamation on native plants, recalling she read it in its entirety at past meetings. She suggested when the council meets with various committees and departments, they should ask what they are doing for native plants. She questioned why some areas of the City do not include native plants. There are plans to plant a beautiful Nootka rose hedge in City Park and native plants like the Nootka rose could be planted in other areas of the City. She suggested permits the City obtains should include native plants. She displayed a book, "Nature's Best Hope" by Douglas Tallamy regarding planting of native plants. Bernie Safala, Edmonds, said he has been following and volunteering for the restoration of the Edmonds Marsh for a few years. The Edmonds Marsh is a true treasure for the City. It was once a true estuary, providing a pathway for salmon habitation. WSDOT listed the former Unocal Edmonds bulk fuel terminal cleanup under the Model Toxics Control Act and has been working with Unocal and Chevron to remediate the toxic site. The cleanup is not complete and only early or interim action has taken place. Documents will be released in summer 2023 that will lead toward a final remedy. He works in the environmental field and recommended the city council not sign the MOU until all the data and recommendations have been put forward by Ecology. It is important that cleanup standards are set to ensure sediment, groundwater and surface water cleanup is adequate to protect the marsh and its habitat from the marsh to the Puget Sound. He concluded it was too early for the City to sign an MOU with WSDOT. Megan McDonald, Edmonds, a resident of Pt. Edwards and strong supporter of the marsh and estuary, asked why the City was not changing the comprehensive plan and what was the City's overall position N related to the marsh. There is no shame in being a prudent buyer; being a prudent buyer does not mean the City is an unreliable buyer. w c Greg Ferguson urged the council to approve the signing of the MOU between the City and WSDOT for several reasons, one of which is Section 3 of the MOU states "It is the intent of WSDOT to first offer the purchase of the former Unocal property to the City as outlined in this MOU." This right of first purchase is important in maintaining Edmonds' options. The MOU discusses a first offer to purchase, not a first right Q of refusal. If the MOU process is followed, there will not be a bidding war; as explained in the MOU, the price of the property would be set by a professional appraisal and Edmonds would be in a position to accept or decline that appraisal. The appraisal will be based on the conditions of the property at the time of sale, not the current condition. Those conditions include the future zoning classification, future critical area designations, and the remaining levels of contamination. The MOU does not restrict the City's rights to make decisions about zoning and critical area designations and does not force the City to purchase property that may have high levels of contamination or that other natural resource agencies may be willing to own. With regard to the first right of purchase, a March update from Ecology describes a site cleanup process that will extend until the end of 2025. Edmonds' first right of purchase included in the next State budget will not be in effect when the Unocal parcels goes up for sale. The MOU clearly states WSDOT's intent to Edmonds City Council Draft Minutes April 18, 2023 Page 4 Packet Pg. 135 8.2.a provide that right with no time limit. Without the MOU, the City runs the risk of not being in the first position when the Unocal parcel is sold. The MOU is a good deal for the City and he urged the council to sign it before it goes away. Brock Howell, Executive Director, Snohomish County Transportation Coalition (Snotrac), explained they bring together human services providers and transportation providers and planner to find mobility gaps for people with disabilities, older adults, and low income individuals. He referred to the agenda item related to increasing the Transportation Benefit District (TBD) fee by $20. Undoubtedly the City has a need and he applauded the City for identifying a funding source to address its transportation needs. He recalled several elementary school parents speaking to the council a few weeks ago about the need for safety improvements and their support for school speed zone cameras. As the council considers this increase, a key consideration is what to do with the funds; he urged the council to think about priorities related to safety, encouraging people to walk and bike, addressing the needs of people with disabilities by implementing the ADA transition plan, and addressing climate change. He suggested dedicating the funds from the school speed zone cameras to safety projects at locations where cameras are located and making the same considerations for funds generated by the TBD fee increase. Ron Eber urged the council to sign the MOU, commenting it is a classic situation of seeing the forest and not just the trees and getting buried in the weeds/reeds of non-native plants. When dealing with complex negotiations between people who do not see eye to eye, keeping everyone at table, talking and working through the issues, particular since a lot of the points are non -binding, is the way to go. If the City does not sign the MOU and there is no willingness to renegotiate it, then all there is the new budget note that directs WSDOT to get first right of refusal. That is down the line and all the other steps that are needed and relationship building will be lost. He could nitpick provisions of the MOU, but it is big picture that's important. There is a lot of misinformation about whether the MOU affects the City's authority to do planning and zoning in next 1-2 years. As stated in his written comments along with supporting documents, the MOU does not say anything about past, current or future zoning or planning, and does nothing to curtail the authority in ECC Title 20 or what is expressly in the contract to rezone the property that the City approved for Chevron in 2002. He agreed planning and zoning changes are needed in the future because the current master plan and zoning will allow a lot of development that is absolutely incompatible with protecting the marsh. As a longtime planner, he knew doing that will be difficult; the waterfront study identifies some of the steps, but much more work is needed. He urged the council to sign the MOU and keep the process going. 6. RECEIVED FOR FILING N 00 1. CLAIM FOR DAMAGES FOR FILING w 2. WRITTEN PUBLIC COMMENTS 3. FEBRUARY 2023 MONTHLY FINANCIAL REPORT 4. COUNCIL APPOINTMENT TO A BOARD/COMMISSION E 5. CITY ATTORNEY EVALUATION - SUPERIOR COURT FEEDBACK c� r 7. APPROVAL OF CONSENT AGENDA ITEMS Q COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. Councilmember Teitzel requested Item 7.6, Ordinance Adopting Minor Code Amendment Package 1 (AMD2023-0003) be pulled from Consent and added as Council Business Agenda Item 1 for a brief discussion and to renumber the remaining agenda items. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Edmonds City Council Draft Minutes April 18, 2023 Page 5 Packet Pg. 136 8.2.a 1. APPROVAL OF REGULAR MEETING MINUTES OF APRIL 4, 2023 2. APPROVAL OF COUNCIL COMMITTEE MINUTES 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 4. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 5. CONFIRM APPOINTMENT TO A BOARD/COMMISSION 7. APPROVAL OF SUPPLEMENTAL AGREEMENT WITH BHC TO PROVIDE DESIGN ENGINEERING SERVICES FOR THE PHASE 11 SEWERLINE REPLACEMENT PROJECT 8. APPROVAL OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF EDMONDS (WQC-2023-EDMOND-00101) 9. APPROVAL OF SUPPLEMENTAL AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC (DEA) FOR THE ELM WAY WALKWAY PROJECT 10. EDMONDS ARTS FESTIVAL, 4TH OF JULY & TASTE EDMONDS EVENT AGREEMENTS 11. PARK MAINTENANCE WORKER JOB DESCRIPTION UPDATE 12. EPOA - LAW SUPPORT 2023-2024 1 COLLECTIVE BARGAINING AGREEMENT 13. COMMANDER BENEFIT 14. WASHINGTON STATE ALLOCATION AGREEMENT GOVERNING THE ALLOCATION OF FUNDS PAID BY CERTAIN SETTLING OPIOID MANUFACTURERS AND PHARMACIES 8. COUNCIL BUSINESS 1. ORDINANCE ADOPTING MINOR CODE AMENDMENT PACKAGE 1 (AMD2023-0003) Councilmember Teitzel advised there were three items in the minor code amendment package related to the ECC which was not addressed in the ordinance the council passed which focused primarily on the ECDC. He asked if it was appropriate for the council to consider approving the three ECC code amendments. City Attorney Jeff Taraday answered the reason the ECC code amendments are not addressed in the ordinance that created this special streamlined process is because ECC amendments do not go to the planning board and this was an effort to take non -substantive amendments, things unrelated to policy, and not clog up the planning board's agenda. There was no need to create that special process for ECC amendments because those amendments can go straight to the council. The fact that there are non - substantive ECC and EDC cleanup amendments in same ordinance is fine because the ordinance is drafted in a manner that is broad enough to encompass them all. Councilmember Teitzel was glad the ECC amendments were included because it was council's intent that the code rewrite include the ECC and ECDC. Councilmember Teitzel referred to the second paragraph under background/history in the agenda memo related to the three ECC amendments, "These changes are not subject to the minor code amendment process in ECDC 20.80 but can be included with regular omnibus revision packages..." He asked about "omnibus revision packages" and how that relates to what is proposed tonight. Mr. Taraday said the memo was written by staff so he wanted them to have an opportunity to supplement his response, but omnibus package is a shorthand way of referencing all the amendments attached to the ordinance for this quarter. In a future quarter, there will be another omnibus package of non -substantive amendments. Planning & Development Director Susan McLaughlin agreed with Mr. Taraday's explanation, explaining the intent was to provide minor amendments quarterly in an omnibus approach. Councilmember Nand referred to Section 5.4.040 unlawful possession of library books, commenting it appeared a previous section was removed, but not replaced. Ms. McLaughlin answered this is an outdated reference; Sno Isle does no longer collects fines for overdue library materials. M N 00 0 w c a� E z c� r Q Edmonds City Council Draft Minutes April 18, 2023 Page 6 Packet Pg. 137 8.2.a Councilmember Olson referred to Section 2.10.050 References, "Wherever references are made in the Edmonds City Code, the Edmonds Community Development Code or any ordinance of the city to the community development director, said reference shall hereafter be construed to mean the planning and development deve ,,,.m en4 setwiees director. She was concerned without truly vetting that change, planning and development may be incorrectly substituted where the community services department or director of that department is correctly referenced. Ms. McLaughlin acknowledged this can be confusing. The reference to community services is so outdated that it previously referred to the public works department and at times community development which was the previous name of development services. The change in the name from development services to planning and development will not change that authority unless it was already erroneously assigned. The language, community services shall hereafter be construed to mean planning and development, is already in the code. This minor code amendment package flags the need to change that reference to ensure the authority by code is accurate. That is the intent of this very iterative process, to catch all the erroneous statements and ensure everything is accurate. Making this change does not change any authority that was not previously given in the existing code. Planner Rose Hahn said this is an excellent opportunity to illustrate what is being done, Chapter 2.10 is an artifact of what happens when not the code is not treated as a living document; things get missed over time such as department name changes. The amendments need to start somewhere, Exhibit A is the first set and many other items have been identified for future amendment packages. Councilmember Olson referred to the amendment in ECC 9.05.010 related to the dadum line, commenting that was a fun historical note that the historical society may want to document if they haven't already. She understood why the reference was proposed to be removed, but wanted to ensure removing outdated information was not failing to refer to something in the code that should be. Ms. Hahn answered it is an outdated reference. Dadum lines and points are now evaluated through the federal government; NAVD 88 and NAV 1983 are the dadum lines used throughout North America and are established by the National Geodetic Survey. There are secondary buried dadum points throughout the State of Washington used for streets and sidewalks that are maintained by WSDOT. Building development usually uses smaller dadum points such as street monuments that are based off of the State dadum points. The reason this reference can be removed from the code is because it is not something the City has authority over. Councilmember Olson referred to Section 17.110.030 Recreational marijuana uses permitted only in the a following specified zones, where the proposal is to remove the CG2 zone because it does not exist anymore. a She suggested the word "and" be removed in Section A and B prior to "CG2." Ms. Hahn agreed with that M suggestion. N 00 COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO w REMOVE "AND" BEFORE CG2 IN SECTION 17.110.030.A AND B. MOTION CARRIED UNANIMOUSLY. E z Councilmember Olson referred to Section 20.010.003.A Permit Types, and inquired about the removal of outdoor dining as a permit types, assuming there was still outdoor dining even without streateries. Ms. Hahn Q answered per Ordinance 4232 adopted in 2021, outdoor dining no longer needs a conditional use permit (CUP) which is what that section of code references. Councilmember Olson referred to Attachment A, Section 20.80.015 Minor zoning code and map amendments, C.2 states, "Remove one or more of the proposed amendments from consent for additional discussion about the suitability of an amendment for the minor process or remove an amendment from the minor process roster altogether for processing as a major amendment..." She explained when a packet of amendments is presented, to make a change, the council would need to pull the entire package of amendments from consent to discuss one or more of the proposed amendments. She asked if C.2 accurately Edmonds City Council Draft Minutes April 18, 2023 Page 7 Packet Pg. 138 8.2.a reflected that process. She clarified the council could not remove a single amendment from a packet of amendments on consent. Ms. McLaughlin answered it was not problematic to staff for council to pull the full package from consent for discussion. If the council decided during its discussion that a single item needed to be removed, excluding that item could be included in the motion, and the rest of the package adopted. Mr. Taraday explained Section 20.80.015.0 states, "At its discretion, the council may" and the intent of C.2 is to make it easy for single items to be pulled out of the ordinance and sent to the planning board for further analysis and consideration. That is not the request tonight so this is a hypothetical question, but if that were to happen, this code is silent about the mechanism for the actual amendment of the ordinance once an item is removed. The code does not address whether the ordinance comes back the week after on consent with that item removed which he envisioned would be the cleanest way if/when there is a situation arose where there was a desire to pull an item from consent. Councilmember Olson said where it wasn't hypothetical was the council is approving this code change as part of Attachment A and she suggested cleaning up that section of code to state something like "pull the package from consent to remove one or more of the proposed amendments for additional discussion and suitability..." She clarified her question is whether the code as written, which the council is approving tonight as part of Attachment A, accurately reflects the process of pulling things from consent. Mr. Taraday clarified C.2 is the process that's used and was previously adopted by ordinance. He agreed C.2 did not describe what happens when something is pulled from consent. If any single councilmember objects to an amendment going forward using the process in 20.80, it is removed from the ordinance. He wanted to ensure there was no objection to an amendment in this package. If there is an objection to an item in a future package of amendments, likely the ordinance would come back the next week on consent without that item. Councilmember Nand said she understood Councilmember Olson's point; once the council removes the entire package from consent... Councilmember Paine raised a point of order, explaining this agenda item is about a package of minor amendments and now the discussion is about code that was approved in the past. She suggested discussing ° that as part of a different agenda item at a different meeting as the council has a busy agenda and a lot of c people are present for the MOU and this discussion is off topic. Councilmember Nand disagreed, stating a her comments were germane to the procedure the council was utilizing. Mayor Nelson ruled point not taken a a and suggested councilmembers be aware there are a lot of people waiting. M N 00 Councilmember Nand commented the council is utilizing this procedure for first time and there questions about how it is utilized in accordance with a recently passed ordinance. The language in C.2 seems to state W the council can remove items from the suggested minor code changes and then is obligated to pass the remainder of the items which does not seem to comply with actual practice of going on consent on a later a) date. That point needs to be clarified in utilizing this new procedure. c� r Councilmember Olson commented the council always has the option of pulling something from consent Q and passing it as regular business. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE NEW COUNCIL BUSINESS ITEM 8.1 AS AMENDED. MOTION CARRIED UNANIMOUSLY. 1. WSDOT/CITY OF EDMONDS MEMORANDUM OF UNDERSTANDING Mayor Nelson advised tonight is for discussion only, and no action is requested. He explained for decades there has been talk and studies by councilmembers, mayors, and community members, but no steps have Edmonds City Council Draft Minutes April 18, 2023 Page 8 Packet Pg. 139 8.2.a been taken that have led the City to actually restoring the marsh. It continues to this day to be polluted, not functioning properly, salmon cannot reach it. His administration has tried every avenue of approach; they have met with the governor, the state... Councilmember Buckshnis raised a point of order, commenting the council did not need the mayor as the leader to indicate the story behind this. Mayor Nelson ruled point not taken, commenting as the chair of the meeting and many other meetings, he has listened to thousands of hours of minutia from councilmembers and had earned the right to introduce this topic. Mayor Nelson continued, his administration has tried every avenue of approach. He has met with governors, State legislators, Ecology, WSDOT, environmental and nonprofit organizations, and the current land owner, the big oil and climate polluter Chevron, all trying to find a path forward to restore the marsh. No State agency wants this property. The City has not had a productive relationship with the future owner, WSDOT, in a desire to protect the marsh until now. This MOU comes down to who do you trust to restore the marsh, the City or the free market? The City's path is to restore the marsh; the alternative path will fast track the marsh to development and continue the dissemination of salmon. The City is now at the table and moving forward with productive and collaborative discussions with WSDOT. An example of this collaboration is WSDOT's willingness to make changes at his request to expressly state the City's intent for this MOU. This MOU will now state the City's interest, "for the purpose of expanding the marsh estuary." To reject the beginning of this productive relationship that provides a path to acquire and restore the marsh is a giant step backward. Mayor Nelson continued, as mayor, he has proposed, lobbied and persuaded the legislature on the purchase proviso for the City so he has a good understanding of what the proviso can and cannot do. The proviso was done at the time because the City did not have a seat at the table. There is a lot of misinformation out there; the City cannot force a State agency to sell property to the City. If WSDOT disagrees with the City on the value of the property, they can sell it to a developer. The proviso provides no details on how to legally get the marsh property. The alternative path being championed tonight by some is unfortunately misinformed and very limited and will prevent the City's ability to purchase the marsh and instead allow developers to purchase it in the open market. Mayor Nelson continued, the relationship the City just started with WSDOT is very fragile; the amount of a resistance to this MOU that has already been expressed by some before even hearing the presentation is a a giving WSDOT second thoughts. Internally there are discussions saying they should pull out. He urged everyone not to fall into this trap being promoted by those with misinformation who seem to revel in being N in a perpetual state of conflict. Councilmembers have before them the first opportunity in decades, a mutually agreed upon road map between the City and WSDOT to take action to acquire the marsh for w restoration. The MOU is a fragile document with the weight of decades of conflict that has gotten the City no where closer to saving the marsh until now. He urged everyone to see this for what it is, a genuine and real path forward for the City to restore the Edmonds Marsh. c� r Community Services/Economic Development Director Todd Tatum commented a myriad tense, cordial, Q curious, accusatory, collegial conversations over the past weeks have shown that everyone can benefit from an open public process that gets all stakeholders to a shared level of understanding about the process to get to a sale with WSDOT. That is one of primary reasons for the MOU, to daylight staff s work, legal requirements, and the process to get to a sale and increase the understanding of the process. The first step was a proviso that directed WSDOT to give the City the first right of purchase, but that does not discuss how to get there. Staff wants to provide more clarity around the purchase process; WSDOT came to the City, bringing their staff and leadership to the table, to discuss the how in depth. He assured directors, the City's legal team and real estate consultants have all had a chance to look this over, ask questions, and challenge points and assumptions, to get the document to where it is today. This MOU is not the culmination, it is beginning that allow the parties to focus on next steps with confidence. He reviewed: Edmonds City Council Draft Minutes April 18, 2023 Page 9 Packet Pg. 140 Why an MOU and Why Now o An MOU ■ Expresses a convergence of will between two parties ■ Is non -binding, but signals the intent to move toward a contract ■ Sets the tone and expectations of the parties o Why now? ■ It's needed ■ It helps to focus our attention on our next steps ■ It gives us a framework for productive conversations (internal and external) about a sale Background o WSDOT and Unocal entered into a purchase and sale agreement (PSA) dated January 27, 2055 o Unocal's interest in the PSA transferred to the Chevron Corporation upon Chevron's acquisition of Unocal o Before WSDOT acquires the former Unocal Property, Chevron/Unocal is required to remediate the existing environmental contamination on the property in accordance with the criteria set forth in the PSA o Title to the former Unocal property will transfer to WSDOT after Chevron/Unocal obtains written confirmation from DOE that Chevron/Unocal has satisfactorily performed the Capital Remediation Work, to the extent that the Monitoring Work may commence MOU calls out continued coordination o Section 2.9: ■ Upon execution of this MOU, WSDOT and the City shall negotiate and execute an Addendum to this MOU that authorizes the City's access to the information, opinions, and recommendations (excluding risk analysis) that WSDOT has obtained from Landau Associates about the property and the Capital Remediation Work. ■ WSDOT acknowledges that Landau's work, once assessed and understood by the City, could cause the City to reevaluate its interest in acquiring the property on the terms contemplated herein. Requirements before a sale can occur o Close of PSA escrow o Recording and title 'o o Edmonds confirms interest a o Property declared surplus a o Edmonds and WSDOT execute a PSA M ■ MOU covers topics to get to a PSA 00 o City pays agreed upon fair market value c Next steps — potential amendment w o Section 2.8: the City has expressed an interest in acquiring the former Unocal property for the c purpose of expandingtjoining Edmonds Marsh Estuar. E ■ WSDOT is comfortable with adding this language Next steps Q o Sign the MOU o Begin our internal work plan o Negotiate and execute an addendum to the MOU granting the city access to the information, opinions, and recommendations WSDOT has obtained from Landau Associates Recommendation o Authorize Mayor Nelson to sign the MOU Councilmember Buckshnis thanked staff for the addition to Section 2.8. She commented the Department of Ecology or the documents about to be given to the City were not mentioned. She asked how those will affect the MOU, commenting in her opinion, the City needs to worry about cleanup costs. As long as Unocal is involved with WSDOT and they are trying resolve cleanup issues, and now the City is entering into an Edmonds City Council Draft Minutes April 18, 2023 Page 10 Packet Pg. 141 8.2.a MOU, why is the information about documentation DOE will provide not mentioned. As one of the retired experts in the community knows, disasters could occur which raises the issue of who pays. Mr. Tatum answered the MOU covers the process to get to a purchase and sale agreement with WSDOT. The Ecology documents could have any number of effects; there will be some restrictions on buildability on the land, there will be a feasibility study about removing the culvert. Those documents will certainly be included in the City's own risk assessment and determination of fair market value. They will be incorporated not in the MOU but in the MOU process when it gets to fair market value. They could have catastrophic effects on the ability to restore the property to an estuary and cause the City to reconsider the approach to the land after the City owns it, but it would not change the purchase process which is what the MOU details. Councilmember Buckshnis said to be a prudent buyer, the City should look at all the details available. She questioned why the City would not wait until July when those documents will be available and allow the City and the public time to look at them. She referred to WSDOT and administration's involvement in the connector project which excluded the council and the public and later blew up. She wanted to be very pragmatic and was being overly conscious due to the previous process with WSDOT that blew up. She preferred to wait three months to obtain the data and allow public comment. She feared receiving those documents after the City has signed the MOU. There are some who want to sign the MOU and move forward like the administration and others who want to know all the information first so a prudent decision can be made. She asked if WSDOT was willing to wait until the Ecology documents were available. Mr. Tatum said he could ask, but he was not sure it would change anything. The MOU is about the process of purchase, not necessarily the risk of purchase or what those risks mean as far as the City's project plans. He was unsure what would change by waiting other than a desire to no longer enter into the MOU. Councilmember Buckshnis said she was not saying she was not interested into entering into the MOU, but it would be nice to have the public on the same train by allowing everyone an opportunity to look at the documents before making a decision. For example, the new Ecology terrestrial evaluation deals with chemicals that cannot be seen; a report she is interested in seeing. Mr. Tatum said the MOU is not creating a purchase and sale agreement which would have warranties, representations, limitations, deed restrictions, etc. The MOU lays out the process for a purchase. The Ecology documents color what is done during that process but they do not change the process. Councilmember Buckshnis advised she will provide information to Mr. Tatum regarding WSDOT's a transfer of land to DNR for I-90. She summarized locking this in without looking at all the options may a cost taxpayers a lot of money. M N 00 Council President Tibbott commented what he is hearing described tonight is tandem tracks; the State is working on cleanup and preparing the land for a future transfer. The second track is the City who has w designs and ambitions for what that property might eventually look like. During the coming year, the City will be working on the vision and zoning for the comprehensive plan which is separate from the MOU. He asked what the benefits were of entering into an MOU now, knowing that the City and the State are doing their work in preparation for a future eventuality. Mr. Tatum answered the MOU sets a baseline understanding about what the process of getting to a purchase and sale agreement looks like. Everyone is Q on different sheets of music, different levels of understanding about how this may occur. Putting the City and WSDOT on level ground regarding the process to get there via the MOU allows for more productive conversations with WSDOT. For example, if something unexpected comes out of Ecology process and changes what the City thinks is possible for the land or changes the value, the MOU establishes a framework to discuss that with WSDOT. There is a willing seller and motivated buyer and the MOU is an agreement that allows the parties to agree more. Council President Tibbott observed that would be the benefit. He assumed those conversations were occurring without the MOU. Mr. Tatum answered sort of yes. When parties sign an MOU, it is like the line in the Robert Frost poem, good fences make good neighbors; the MOU means the parties agree to talk to Edmonds City Council Draft Minutes April 18, 2023 Page 11 Packet Pg. 142 8.2.a each other. Conversations with WSDOT have not been entirely productive because they come from 14 different points of view and 14 different points of entry. The MOU helps get to a more central point of view about how to deal with problems and issues of selling this property to the City. Councilmember Teitzel referred to HB 1125 and SB 5162 being considered in the current biennium budget; a decision on the budget will be made in the next couple weeks. The budget includes a provision in Section 214, "Total appropriation. The total appropriations in this section are subject to the following conditions and limitations. During the 2025 biennium if a department takes possession of the properties situated in the City of Edmonds for which a purchase agreement was executed between Unocal and the Department in 2005, Tax Parcel number 262703-2-003-009, and if the Department confirms that the property is still no longer needed for transportation purposes, the Department shall provide the City of Edmonds with the first right of purchase at fair market value in accordance with RCW 47.12.063(3) for the City's intended use of the property to rehabilitate nearshore habitat for salmon and related species." If the budget passes, the City will have right of first refusal through the end of 2025. Mr. Tatum advised it would be through June 30, 2025. Councilmember Teitzel continued, the budget provision also provides for the intended use of the property for salmon and related species. WSDOT acknowledged that by including the additional language in Section 2.8 of the MOU. Mr. Tatum advised WSDOT is amendable to including the additional language. The existing MOU that has been signed by WSDOT does not include that language. Councilmember Teitzel summarized if the budget passes with that provision, WSDOT will be required to recognize that use of the property. Including that language in the MOU means WSDOT agrees to what they are already obliged to in the budget. Mr. Tatum advised the proviso language was prepared in cooperation with WSDOT at the beginning of the last biennium. Councilmember Teitzel commented there likely was no one in the room tonight, in the audience or on the dais, that wants to see mixed use apartments or condos on the Unocal property; everyone wants the property restored for fish, wildlife, nature habitat, conservation and ecology purposes, etc. He identified high priorities at the State level: salmon recovery, recovery of the southern resident orca species, carbon sequestration and greenhouse gas reduction, open space preservation, and bird and wildlife restoration. The ° City will be partnering with the State in the marsh property to make those things happen. His concern about c the MOU, even though it is nonbinding, it sends the City down a path toward a purchase. That may be what a ultimately happens if the State does not want the property, but he wanted to explore the transfer of the a a property to another State agency and Edmonds committing to be a partner in supporting the stated objectives. He preferred to wait to see what passes in the budget not only related to the budget provision, N but the various housing bills. He supports marsh restoration and felt articulating the mutual interests in the property to the State, the governor who is a green governor, and the various State agencies would be very w powerful. If the budget passes, he did not see the urgency of approving the MOU. a� Mr. Tatum said City and WSDOT staffs have discussed a possible transfer with the Department of Natural Resources (DNR) and the Washington Department of Fish and Wildlife (WDFW) and those conversations were not particularly fruitful. He agreed with Councilmember Teitzel's comments about the State's Q priorities related to environmental restoration, sequestration, etc. and said those are great levers to pull when gathering funding sources for purchase and project. Those are great talking points with the State and discussion points for how to determine fair market value. Councilmember Teitzel commented it was good to know that some discussion is happened between WSDOT and DNR and potentially other agencies, but that was the first he's heard of that happening. He asked why that was not of interest to other agencies, especially due to the shared interest in the environment, wildlife, fish and orcas. He anticipated there was opportunity for partnership and wanted to explore that further. Councilmember Paine said the Unocal parcel, combined with the Edmonds Marsh, is something that almost 100% of Edmonds wants restored. Activists have been working on it for a long time, including buffers to Edmonds City Council Draft Minutes April 18, 2023 Page 12 Packet Pg. 143 8.2.a protect the marsh from encroachment. She was pleased to see that that work helped inform what is being done now and letting WSDOT know, who does not need City, about the City's hope and desire to restore the land. She asked about how many hours staff has been spent on this process, anticipating discussions had been occurring for about 1'/2 years. Mr. Tatum answered certainly a year, his predecessors have all been involved in discussions leading to what is included in the MOU and the FAQ. An incredible amount of staff work has gone into it for many years and certainly in the past 1'/2 years. Councilmember Paine commented the MOU is focused on finding a path and allowing for discussions to occur when not all the details are known. The process will allow for exploration and shows the City is committed to the process. The MOU is a great way to memorialize the discussions and put a process in place. She appreciated staff and the administration's work, WSDOT's work because they certainly did not have to agree to the MOU, and the legislators who added the proviso. The MOU is a gesture of diligence and goodwill and she would love to have the MOU passed to memorialize the path for both parties. Councilmember Chen observed the State has already signed the MOU which shows they are a willing seller and are interested in working with the City proactively. He used to work for a pulp mill in Everett and recalled it took almost ten years to find a potential buyer and eventually the city took over due to the contamination and humungous cleanup costs. The Unocal property has the same potential. With that being said, this property is a jewel in the heart of Edmonds and has so much potential. The current and former administrations have been involved and during his involvement with the City since 2019, he learned many in Edmonds are passionate about the marsh and this partnership potential. The MOU is a great first step that can move the City closer to acquisition, it is a way of opening communication with WSDOT. The City needs to go in with eyes wide open of the potential risk. Councilmember Chen asked for assurance that signing the MOU with WSDOT did not bind the City to anything such as if further investigation/study found the cleanup costs were more than the City could bear. Mr. Tatum said that was correct. The proviso does not guarantee the City will be the purchaser and neither does the MOU. The MOU provides a path to help answer questions to get there. As called out in Section 2.9 regarding the Landau documents, that was important information to add; as staff is thinking about this property, the risk is significant and some risk will remain latent with the property for a long time. The first ° big step for the City is the risk analysis which will help color the rest of the steps in the MOU so the City c does not arrive at the end surprised at what it is attempting to purchase. Councilmember Chen summarized a the MOU is a good first step for both sides to show their willingness to have a conversation in a more formal a way. He reiterated the City needed to be aware of potential risks. M N 00 Councilmember Nand observed the marsh and the Unocal property is a topic that excites a lot of passion because of the level of engagement from the community. People have a lot of questions and that is valid. w This process has become somewhat politicized; there is a robust community engagement and public process for a reason. The City is potentially spending millions of taxpayer's money and the community has a right to have their questions answered. She complimented Mr. Tatum on the amount of work he did preparing the FAQ about the MOU. a Councilmember Nand referred to Section 6.4, Remediation Plan and Work, and asked if the council signs the MOU, could the City ask for more transparency from Ecology and WSDOT about the remediation steps that Chevron and Unocal and their subsidiary have already taken on the property and what cleanup can be expected to where the PSA is triggered. Mr. Tatum answered the MOU puts the City in a more constructive dialogue with WSDOT. For example, getting the Landau documents and the City doing its own analysis on them will be a big step. There is a huge amount of documentation on Ecology's website which the City could spend a long time trying to digest. The City will have an opportunity as a key stakeholder to review the Ecology documents this summer and integrate those into its decision making. Edmonds City Council Draft Minutes April 18, 2023 Page 13 Packet Pg. 144 8.2.a Councilmember Nand said the main concern she has heard from the community is there has not been enough transparency which may be a gap in the level of expertise with Ecology and WSDOT that needs to be digested so citizens understand. Mr. Tatum agreed that is what is missing, context for ourselves. There is a lot of documentation on Ecology's website about the cleanup, but there is an interpretation piece missing, not what this means to Ecology or to WSDOT, but what it means to the City for its purposes. He recommended spending some money and effort to put that information into context. Obtain the existing documents, the City do its own analysis, having a risk analysis done and apprising the legislative and executive branches and the public. Councilmember Nand assumed that would be part of the City's due diligence as a stakeholder and potential buyer or group of buyers. Mr. Tatum said signing the MOU is a good platform to start doing that due diligence so the City can arrive at an informed place when the property is available for sale. Councilmember Nand summarized the MOU functions as a statement of intent at the start of a real estate transaction. Councilmember Olson commented there is some value in the council supporting the MOU, drafting a letter, or utilizing some other tool. The fact that the City and WSDOT went down the road on this tool may be a reason to support this route in the end. She referred to a question about whether the MOU is the right tool. The FAQs state the MOU is nonbinding and despite what another councilmember said, the City is not committed to this process. She was concerned about having a false sense of security with this MOU and wanted to recognize that the MOU was a nice to have supplement, but it was not standing in place of things that are binding like the current proviso. She wanted to ensure the City asked for another budget proviso in two years even if the City signed the MOU because the MOU is non -binding. She asked Mr. Taraday or Mr. Tatum to comment on her interpretation. Mr. Taraday commented on the extent to which the proviso is binding, explaining what a first right of purchase is; it is basically WSDOT giving the City the first opportunity to purchase the property when they decide to sell. It does not require WSDOT to sell it to the City on any particular terms other than fair market value which is also set forth in the proviso. The rest of the terms are not set forth in the proviso, it does not say when WSDOT is ready to sell, it will sell to Edmonds according to the terms of this 40 page purchase and sale agreement. There are a lot of ways in which the right of first purchase could end up not ° materializing into a purchase and sale agreement even if the parties could agree on fair market value because c there are other terms that will be material to a future purchase especially in a property like this where there a are environmental factors to be considered. The proviso is helpful and the MOU is also helpful, but it was a a overstating the proviso language to characterize it as binding. It requires WSDOT to come to the City first, but it does not require WSDOT to consummate a sale with Edmonds. N Councilmember Olson observed the MOU would not be binding on WSDOT to come to the City for the w sale. Mr. Taraday agreed, the MOU is a relationship building document, but is not in any way a binding document. Councilmember Olson observed the MOU does less for the City than the proviso, although she could appreciate that relationship building was important especially considering the past. Mr. Taraday said he was not sure he agreed, the proviso will only be in effect one biennium at a time, and the proviso is not really something WSDOT is very supportive of. From a relationship building standpoint, he was unsure Q that the proviso did as much to build relationship with WSDOT as the MOU does. How that question is answered, which one is better or more valuable, may depend on how one weights the aspect of relationship building in the overall context. If the council thinks that relationship building is important, the MOU may be the way to go. If the council feels relationship building is not important, then the proviso may look like a better path. That is how he saw them being materially different. Mr. Tatum said what is clear through the discussions in recent weeks is there is a gap. Like Mr. Taraday said, the City has the first right of purchase, but that does not mean the City has the means to get to a purchase and sale agreement and own the property. There is a gap of due diligence, work that needs to be done to ensure the City understands the risk, the process, the steps, requirements, etc. With regard to which Edmonds City Council Draft Minutes April 18, 2023 Page 14 Packet Pg. 145 8.2.a is better, the MOU provides a framework, a stable platform as the City works to do that due diligence and helps get to a place of understanding where a sale could be consummated rather than just having a proviso and needing to do all the work when the property is available for sale. Councilmember Olson related her sense from talking to community members and councilmembers that the amendment to Section 2.8 will be important. She asked whether that would be included when this comes to the council to authorize the mayor to sign the MOU. Mr. Tatum answered there are several ways to proceed, the MOU could be signed and then amended or it could be amended, resigned by WSDOT and then presented to council for authorization for the mayor to sign it. Councilmember Teitzel commented although there has been a lot of discussion and it may feel like people are divided on the issue, he believed everyone on the dais and everyone in the audience were in agreement and their goals were the same such as salmon recovery, carbon sequestration, wildlife and open space preservation, etc. and that should be expressed to the State. He supported Councilmember Olson's idea of a letter regardless of whether the council authorized the mayor to sign the MOU. A letter could express the City is willing to partner with the State to support their high priorities in the areas he listed. If that involves the State retaining ownership in some capacity and the City being a partner in supporting those goals, that would also be acceptable as would WSDOT selling the property to the City. There would be value in showing that the electeds are unified and he invited the mayor to sign such a letter along with councilmembers. He referred to Mayor Nelson's comment about other agencies potentially controlling/owning the property and wanted to explore that further. A letter showing the elected and the community is unified could be powerful. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER OLSON, TO DRAFT A LETTER, JOINTLY SIGNED BY THE MAYOR AND EACH MEMBER OF CITY COUNCIL, EXPRESSING FULL SUPPORT OF THE GOALS HE ENUMERATED EARLIER AND HE OFFERED TO PREPARE THE FIRST DRAFT OF A LETTER FOR COUNCIL CONSIDERATION. Councilmember Buckshnis emphasized the importance of keeping the State legislators involved. She has c been on WRIA 8 for eight years and on the grant funding committee for nine years and knows the people from DNR, WDFW, and RCO. She supported Councilmember Teitzel idea of a letter. She referred to SEPA o and issues related to contamination, noting there is a lawsuit between Chevron and WSDOT. The MOU is a a means of going down a path that many have been working on for a long time including the council a allocating $1 million for marsh restoration/purchase. She has dedicated her entire council career to the N marsh. It is important the council does not pigeonhole itself into something it does not understand because 00 all the documents are not available yet. The previous proviso did not specify "for the city's intended use of c property to rehabilitee nearshore habitat for salmon and related species" and by including that in the proviso, w it's clear the State wants the City to be a working partner. Many environmental organization's goals are related to salmon recovery because by extension, that is orca recovery. She suggested using that tool first E before binding the City to an agency that is already involved in a lawsuit over the property. She recognized this information has nothing to do with the discussion but there are other aspects that people need to a understand. Council President Tibbott raised a point of order, suggesting council comments focus on the motion. Mayor Nelson ruled point taken. Councilmember Buckshnis expressed support for Councilmember Teitzel's motion. Councilmember Paine said she was in full support of the MOU and had no objection to a letter in support of goals that are in alignment with the MOU and having that information spread more broadly to the county executive and other players in the region. The first thing the council needs to do is support the MOU as written with the amendment to Section 2.8. A letter cannot take the place of the MOU; the MOU describes Edmonds City Council Draft Minutes April 18, 2023 Page 15 Packet Pg. 146 8.2.a the path, a letter is an offer of support and possibly additive as long as it was in support of the MOU. If the letter did not look like that, she would not support it. Councilmember Nand said while she applauded Councilmember Teitzel's intent in proposing a letter, from her prospective in the private sector, the typical process for real estate acquisition is a non -binding MOU followed by a letter of intent which is binding on the parties and hopefully eventually getting to a purchase and sale agreement. She acknowledged it could be very different in municipal property acquisition. She feared a letter could cause a level of confusion if the council was somehow skipping steps. If the council is not ready to proceed with the MOU tonight because they want to have more information about the information Ecology has published and there are concerns regarding contamination and environmental related to acquiring the Unocal property and committing taxpayer dollars, it would be more beneficial to do due diligence and direct Mr. Tatum or secure a consult to advise the council and do the due diligence and then proceed with the normal sequence of documents which starts with an MOU, followed by a letter of intent and eventually hopefully consummated with a purchase and sale agreement. Councilmember Olson asked Mr. Taraday whether a letter showing the City's intent to expand the marsh estuary as stated in Section 2.8 would be confusing. She did not think the letter should reference the proposed MOU to show the City is not conflicted and is ready to make a clear statement to that effect as a leadership body representing the community whose desire is to expand the marsh estuary. As others have said, this doesn't preclude councilmembers from voting for the MOU. She anticipated a letter could be quick and easy and could be done right away to address some residents' concern that the council is sending a message they are not interested in the property which of course is not a message the council wants to send. Mr. Taraday said he was hesitant to speculate about how WSDOT might receive a letter as opposed to or in addition to also receiving a signed MOU. Mayor Nelson said since council had involved him in the letter, he would be happy to consider the letter after the council supports the MOU. The council should be legislating, not writing letters. Councilmember Chen said he would support the MOU with the addition of a letter to expand the intent in Section 2.8 to include the points mentioned by Councilmember Teitzel. He envisioned a letter would strengthen the City's position so he would support both. Council President Tibbott did not support the motion, finding it premature. He preferred the council make a a decision one way or another on the MOU and at some point a letter like this would be germane to M conversation. N 00 UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS TEITZEL, CHEN, w BUCKSHNIS AND OLSON VOTING YES; COUNCIL PRESIDENT TIBBOTT AND COUNCILMEMBERS PAINE AND NAND VOTING NO. E z Mayor Nelson declared a brief recess. r Q 2. 4TH AVENUE CULTURAL CORRIDOR CONTRACT Community Services/Economic Development Director Tatum reviewed the Cultural Corridor 10% contract: • Why is this contract in front of you today o Mayor is authorized to sign A/E contracts when the consultant contact fee is greater tan $50,000 but less than $100,000 ■ This contract is for $68,000 - Up to $34,000 in ArtsWA grants - Up to $34,000 in City funds Edmonds City Council Draft Minutes April 18, 2023 Page 16 Packet Pg. 147 8.2.a - ECA contributes for portion related to ECA's concept design up to $20,000 o The RFP allows for the successful bidder to be selected for future phases. ■ This could put the total of all work done by the company on planning and construction above the mayor's limit, so we thought it best to bring it to council now. What are we doing o Leveraging funding o Elements of the contract ■ Preliminary 10% design - ECA Frontage - Engineering preliminary plan - Preliminary illustrative plan - Art Corner "Park" ■ Funding and implementation plan Art Corner "Park" o Finance committee requested this come to full council to discuss the "park" o Edmonds, Sprague, and 4' Avenue intersection is confusing and has a large amount of excessive right-of-way o Intent is pedestrian streetscape improvement with green street design and possibly art, not really a park -; F f' uriorgl Gaul': • Alld Funding and implementation c o Cost estimating o Grant funding c o Funding and implementation plan a Summary and next steps a o We have budget and authorization for this project o This project leverages three different funding sources, two of which are not City dollars 00 o This project allows us to present to council funding alternatives which bring in outside dollars, c minimize cost to the City and maximize public works projects which will be necessary w regardless of the overall status of the corridor o Staff will conduct public processes as we move through the project and include council in E milestone updates Recommendation c° o Authorize Mayor Nelson to sign the contract Q COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER CHEN, TO APPROVE THE MAYOR'S SIGNATURE ON THE CONTRACT. Council President Tibbott pointed out the City's portion of this project was already approved in the 2023 budget. There is a desire for some discussion regarding particular elements such as the parklet. He was intrigued by the idea of a parklet and what it would look like due to his interest in the possibility of mini parks or beautification of street corners in other parts of City. He expressed support for the motion. Edmonds City Council Draft Minutes April 18, 2023 Page 17 Packet Pg. 148 Councilmember Paine referred to the scope of work (Attachment A) which includes a public engagement plan. She noted stakeholders include parcel owners whether they are residences or commercial. The scope of work also refers to the 2019 survey that had limited information regarding the location of the right-of- way and some presentations have referred to one way streets, wider streets, etc. She wanted to ensure when information is shared with parcel owners, that the location of the right-of-way is part of the discussion as some lawns actually extend into the right-of-way. She wanted to have nearly perfect outreach to property owners who would be directly impacted. She was happy to see the design moving to 10%. Councilmember Teitzel commented in looking at the schematic and the artists' rendering, it appears the end of Sprague Street becomes quite narrow with the addition of the park and asked if would be one way. Mr. Tatum did not think that had been contemplated as there is a lot of space there. Councilmember Teitzel asked the same question about Edmonds Street where the park would constrain the street somewhat, expressing concern with fire trucks navigating that intersection. Mr. Tatum assured that would be considered in the design. Councilmember Olson referred to a picture of the pocket park on packet page 604 that includes angled parking leading up to the park. She was hopeful one of the options for that parklet would be a continuation of the angled parking. She asked if that could be added, noting the community has been very vocal about the desire to increase parking and the extra space could accommodate an additional six parking spaces. Council President Tibbott raised a point of order, suggesting councilmembers speak to the motion. Design features and questions will arise in the context of study. Mayor Nelson ruled point taken. Councilmember Olson said the scope of work describes having more than one design for the parklet. If the council did not specify that one of the designs alternatives would be parking, it would probably not be included in the designs. The contract specifies two designs for the parklet and she assumed if an option for parking was not specified, it was unlikely to be included in the design. Mr. Tatum answered the scope of work includes the parklet; the conceptual design includes some parking. Councilmember Olson's desire for parking in the vicinity could be discussed as the project proceeds. MOTION CARRIED UNANIMOUSLY. 3. 2023 APRIL BUDGET AMENDMENT ORDINANCE Administrative Services Director Dave Turley advised these 14 amendments were discussed in-depth at the N finance committee. He reviewed: • If approved, the budget amendment would increase budgeted revenues by $2,984,257 and increase w budgeted expenditures by $7,409,280 • Proposed amendments 1. Teamster Salary Increases approved by council in January 2023 - $1.5 million z 2. AFSCME Salary Increase approved by council in November 2022 - $1.6 million r 3. Non -Represented Salary Increases approved by council in December 2022 - $538,000 Q 4. Stormwater On -Call Professional Services Agreement - $125,000 5. ERP Project Manager - $60,000 6. Extension of "Let's Go" Bicycle Education Program - $15,000 7. Creative District Grant for Conceptual Design - $34,000 8. Leasehold Improvements to Neighborhood City Hall to comply with police safety protocols in preparation for hiring a storefront officer - $85,000 9. Library Repairs - $800,000 (reimbursed by insurance) 10. Adjustment to Contingency Reserve balance per the Fund Balance Policy (4% of General Fund Adopted Operating Budget) 11. Household Grant Fund Increase - $420,000 Edmonds City Council Draft Minutes April 18, 2023 Page 18 Packet Pg. 149 12. Add new FTE Fleet Mechanic Position- $117,000 beginning in 2023 13. Adjustment for WCIA Insurance Increase - $63,387 14. 76' Ave Overlay (196"' St SW to Olympic View Drive) — $1.2 million grant funded, $285,000 BEET and remaining approximately $31,000 from General Fund Councilmember Chen advised the proposed amendments were reviewed in-depth by the finance committee. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER OLSON, TO REMOVE THE AMENDMENT TO ADD NEW FTE FLEET MECHANIC POSITION AND APPROVE THE REMAINDER. Councilmember Chen acknowledged Public Works Director Antillon was not here to discuss removal of the fleet mechanic position. The City's fleet is growing, but the additional vehicles are not on site so this amendment could wait until the 2024 budget cycle. M N Councilmember Nand observed the City has had issues with finding employees to fill positions. Even if N this is not a present need, she asked if the position was advertised now would the City be more likely to 06 have an FTE hired by the time the additional vehicles are acquired. Mr. Turley said he could only speak to — L his own experience trying to hire accountants, finance people and administrative assistants; it is extremely difficult to find good applicants. He did not know what the market was like for mechanics. Councilmember Teitzel expressed support for Councilmember Chen's motion, agreeing the fleet is not growing as fast as expected or hoped. He was concerned the amendments added significant more expense a than revenue; the City needs to be very careful about spending down the fund balance as was discussed :r during the last budget cycle. He preferred to consider the addition of an FTE in the context of the 2024 budget. L M Councilmember Buckshnis asked whether the amendments would be corrected and placed on consent. Mr. Turley recalled when changes are made, the amendments they are typically put on consent the following week. There is nothing extremely time sensitive that it needs to be done this week. Councilmember o Buckshnis said she will email Mr. Turley about the numbers in the contingency reserve. > 0 L Councilmember Paine said she would like hear from Public Works Director Antillon, who submitted the Q request, before delaying the additional fleet mechanic position until the 2024 budget. M N 00 Councilmember Chen pointed out with this budget amendment packet, the increase in salaries and benefits was already over $3.6 million. He suggested councilmembers keep that in mind when considering the w addition of another FTE halfway through the year. c a� MOTION CARRIED UNANIMOUSLY. E z M Mr. Turley advised the amendment would be on consent next week with that change. Q 4. TRANSPORTATION BENEFIT DISTRICT - LICENSING FEE INCREASE This item was removed from the agenda via action taken under Agenda Item 4. 5. CITY ATTORNEY ASSESSMENT SUBCOMMITTEE - COMPARATOR CITIES SURVEY RESULTS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND TO 10:20. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Draft Minutes April 18, 2023 Page 19 Packet Pg. 150 Councilmember Teitzel thanked Councilmembers Paine and Nand for their diligent, professional effort. He provided an overview of the process: • January 3, 2023 — council approved formation of the city attorney assessment subcommittee consisting of Councilmembers Nand, Paine and Teitzel o Subcommittee committed to collect and share information to assist the council make informed decisions about obtaining long term city attorney services o The subcommittee strictly collects and distributes information and does not provide any recommendations or make any decisions • January 17, 2023 o Council approved the subcommittee work plan which included collecting information from comparator cities about their city attorney arrangement • March 7 o Council approved list of nine comparator cities: Lynnwood, Lake Stevens, Issaquah, Puyallup, Bremerton, Bothell, Burien, Shoreline and Mukilteo o Council approved questions the subcommittee would ask the cities o Council approved the subcommittee developing a list of pros and cons about contracted city attorney services versus in-house city attorney service ■ Pros and cons list reflects input received from comparator cities as well as input from subcommittee members April 4, 2023 o Target date for sharing findings, revised to April 18 due to delays in receiving information April 18 o Present to Council the information collected regarding city attorney services for 9 Puget Sound - area cities, input from Snohomish Superior Courtjudges before whom Lighthouse has appeared and a pro/con assessment of continuing to contract for city attorney services vs. hiring an in- house city attorney team. April 25, 2023 o Final decision whether to issue an RFP to continue contracting for city attorney services or proceed with hiring an in-house city attorney team Councilmember Teitzel explained the nine cities' detailed responses are summarized in a tabular form in 'o the packet for ease of reference. The backup material provided in different formats from each city is a available in a binder in the council office. Each city's arrangement is unique and an apples -to -apples a comparison was very difficult. The packet also includes a comparator city legal investment summary which M summarizes the total cost and number of attorneys. The packet contains a comparison of hourly contracted 00 rates for cities who contract, five including Edmonds. He encouraged the council to carefully consider all c the information provided up to this point and to be prepared to vote on April 25 whether to continue to w contact or hire an in-house legal team. He invited councilmembers to ask questions and if there are any additional questions, to email a member of the subcommittee who will respond to the requester and bcc the E remainder of council so everyone has the information and the response conforms with OPMA. On April 25, subcommittee members will discontinue their role as a committee and provide their own views on the a information and how they would personally prefer to proceed related to city attorney services. Councilmember Teitzel referred to the work plan on packet page 633, advising the dates beyond April 25 are aspirational and aggressive and may need to be adjusted. May 5 is targeted as the date to issue a job bulletin if council decides to hire an in-house city attorney team or, if the council decides to continue to contract for city attorney services, issue an RFP and begin collecting responses. In May and June the applicants would be assessed, vetted, check backgrounds and references and in July an offer extended to the chosen provider. The reason the dates are aggressive is the need to work the process efficiently and expeditiously to ensure it is complete well before the budget season begins. Edmonds City Council Draft Minutes April 18, 2023 Page 20 Packet Pg. 151 8.2.a Councilmember Teitzel referred to packet page 635 that lists pros and cons of hiring an in-house city attorney, packet page 636 lists pros and cons for contracting for city attorney services and the data obtained from each of the nine cities including the question and the responses begins on packet page 637. He encouraged council to carefully review the information over the next week in preparation for making a decision at the April 25 meeting. Councilmember Teitzel referred to packet page 650, the comparator cities legal investment summary that shows the total legal budget in 2022 for each of the 9 cities and the city attorney billed services based on the type of provider the city used. It also identifies the city attorney in each city, whether they are in-house or contracted and the number of attorneys to the extent that information was provided by the comparator cities. For Edmonds the total legal budget for 2022 was $1,350,952 which includes the city attorney, prosecutor and public defender so the city is in the mid -range with other cities. The city attorney billing 2022 for Lighthouse was $570,031. Councilmember Teitzel continued, packet page 651 is more of an apples -to -apples comparison, showing contracted city attorney hourly rates for 2023 based on current contracts. The top line illustrates what Edmonds pays Lighthouse for Tier 1 and 2 attorney time compared to what Lynnwood, Lake Stevens, Issaquah and Mukilteo paid for their contracted city attorneys; Edmonds is essentially in the midrange. It also identifies the contract city attorney for each city. He encouraged the council to carefully review all the information and be prepared to discuss it next week in preparation for making a decision. He also invited Mayor Nelson to review the information and provide his input because the decision will also impact the administration. Council President Tibbott thanked the subcommittee for their painstaking work putting this together, recognizing it takes a lot of effort to get information from cities. They did a fantastic job and he was amazed at the amount of information provided. He suggested sharing the information with the cities who participated. Councilmember Teitzel answered that was the plan. Council President Tibbott observed Bothell has much higher legal expenses compared to Lake Stevens or Edmonds. He asked if some cities had unique circumstances that increased their legal bills. Councilmember Teitzel answered each city is unique and it is difficult to compare them apples -to -apples because the issues are different and there is different usage of contracted attorneys beyond the primary city attorney. Bothell apparently had a very active year and required a lot of legal support. Councilmember Nand referred to packet page 650 Comparator Cities: 2022 Legal Investment Summary, N adding information provided by Lynnwood; their City Attorney Services Billed or Salaried (2022) is not $35,000, it is $276,646.49. W c Councilmember Paine referred to the Legal Investment Summary, noting there were other updates that were not included due to a lot of last minute information. As Councilmember Teitzel mentioned, all the cities are different so instead of apples -to -apples, she referred to it as fruit salad. In response to a question about Burien, a lot of the costs associated with Burien are broken out in additional contracted positions on the Q summary sheet. She called Burien, Bothell and Bremerton and could offer additional information on those. Councilmember Buckshnis complimented the subcommittee's work, noting it was very well done and very informative. Councilmember Nand commented the subcommittee was able to collect a plethora of information for cities. If councilmembers are interested in looking at other city attorney contracts or RFPs, they are available in the council office. 9. MAYOR'S COMMENTS Edmonds City Council Draft Minutes April 18, 2023 Page 21 Packet Pg. 152 8.2.a Mayor Nelson had no comments. 10. COUNCIL COMMENTS Councilmember Teitzel relayed last week Councilmember Nand and he interviewed four excellent candidates for the Economic Development Commission (EDC). He announced his appointment of Matthew Cox to the EDC and welcomed him to the EDC, anticipating he will do a great job. Councilmember Chen expressed his appreciation for the high level of citizen engagement regarding the Unocal property. It is a very important subject and many people showed up to tonight's meeting. Councilmember Nand announced her appointment of Natalie Seitz to the EDC. Ms. Seitz has done a lot of homework on the subject and she looked forward to her work. Councilmember Nand recognized the community's loss of a great resource, Betty Lou Gaeng, who often wrote articles about the history of the area which she enjoyed reading. The community also tragically lost 30-year old Patrick Babb -Henry in a one -car collision in Lynnwood. Council President Tibbott congratulated the council on the work they did to complete the first quarter objectives. The city attorney project is well under way, Councilmember Buckshnis is working on information on bridge housing and she has been working with Councilmember Teitzel on funding for stormwater projects. He was impressed with the way the council stayed focused on getting those top five objectives underway. The objective related to annexation of Esperance will be moved into the second quarter. He was thankful for the work the council has done, pulling together in a remarkable way which has made the council better. Councilmember Paine expressed appreciation for the discussion about the MOU with WSDOT regarding the Unocal property, it is both exciting and a little scary. There are a lot of big emotions and she is here to help that project move along; it has been a long time coming. She thanked everyone who contributed tonight. Councilmember Buckshnis thanked everyone for their calls, emails and letters. The marsh has been on the a g WRIA 8 list since 2010, moving forward will take time. She was positive the City would get it eventually, but needs to be patient. N Councilmember Buckshnis referred to emails she received about hate crimes occurring at places of w worship, the most recent was last Sunday morning at the United Methodist Church where graphic flyers were placed on windshields opposing transgender and the LGBTQ+ community. The parishioners notified the police who did a great job. She commented the council cannot really do anything but hope for peace, z calm and kindness. cw r Q 11. ADJOURN With no further business, the Council meeting was adjourned at 10:15 p.m. Edmonds City Council Draft Minutes April 18, 2023 Page 22 Packet Pg. 153 8.3 City Council Agenda Item Meeting Date: 04/25/2023 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 checks #65632 through #65638 dated April 20, 2023 for $8,259.08, payroll direct deposit for $877,096.52, benefit checks #65639 through #65645 and wire payments for $807,851.98 for the pay period of April 1, 2023 through April 15, 2023. 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 payments. Attachments: benefit checks summary 04-01-2023 to 04-15-2023 payroll earnings summary 04-01-2023 to 04-15-2023 Packet Pg. 154 Benefit Checks Summary Report City of Edmonds Pay Period: 1,093 - 04/01/2023 to 04/15/2023 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 65639 04/20/2023 bpas BPAS 5,530.95 0.00 65640 04/20/2023 chap1 CHAPTER 13 TRUSTEE 175.00 0.00 65641 04/20/2023 epoa2 EPOA-POLICE 5,473.50 0.00 65642 04/20/2023 epoa3 EPOA-POLICE SUPPORT 764.76 0.00 65643 04/20/2023 icma MISSIONSQUARE PLAN SERVICES 17,915.27 0.00 65644 04/20/2023 flex NAVIA BENEFIT SOLUTIONS 4,274.36 0.00 65645 04/20/2023 teams TEAMSTERS LOCAL 763 5,983.75 0.00 40,117.59 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3506 04/20/2023 awc AWC 395,815.09 0.00 3510 04/20/2023 us US BANK 178,617.92 0.00 3511 04/20/2023 mebt WTRISC FBO #N317761 154,174.65 0.00 3513 04/20/2023 pb NATIONWIDE RETIREMENT SOLUTION 7,432.00 0.00 3514 04/20/2023 wadc WASHINGTON STATE TREASURER 30,890.23 0.00 3516 04/20/2023 oe OFFICE OF SUPPORT ENFORCEMENT 804.50 0.00 767,734.39 0.00 Grand Totals: 807,851.98 0.00 8.3.a 4/19/2023 Packet Pg. 155 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,093 (04/01/2023 to 04/15/2023) Hour Type Hour Class Description Hours Amount 112 ABSENT NO PAY NON HIRED 89.00 0.00 121 SICK SICK LEAVE 447.75 25,856.70 122 VACATION VACATION 1,244.75 75,861.57 123 HOLIDAY HOLIDAY HOURS 254.00 12,741.20 124 HOLIDAY FLOATER HOLIDAY 59.00 3,273.86 125 COMP HOURS COMPENSATORY TIME 353.25 19,300.47 128 HOLIDAY Holiday Bank WWTP 8.00 460.30 129 SICK Police Sick Leave L & 1 96.00 4,602.50 131 MILITARY MILITARY LEAVE 48.00 2,339.63 132 JURY DUTY JURY DUTY 44.00 2,432.93 150 REGULAR HOURS Kelly Day Used 145.00 7,622.20 152 COMP HOURS COMPTIME BUY BACK 61.00 4,775.87 155 COMP HOURS COMPTIME AUTO PAY 161.14 9,516.47 157 SICK SICK LEAVE PAYOFF 400.00 34,136.32 158 VACATION VACATION PAYOFF 352.12 30,047.00 160 VACATION MANAGEMENT LEAVE 156.00 11,831.28 161 VACATION VACATION PREMIUM PAYOFF 5.00 293.41 190 REGULAR HOURS REGULAR HOURS 16,019.25 852,497.27 194 SICK Emergency Sick Leave 113.00 5,297.70 195 REGULAR HOURS ADMINISTRATIVE LEAVE 114.00 8,367.61 196 REGULAR HOURS LIGHT DUTY 44.00 2,531.38 210 OVERTIME HOURS OVERTIME -STRAIGHT 3.50 163.75 215 OVERTIME HOURS WATER WATCH STANDBY 24.00 1,761.66 216 MISCELLANEOUS STANDBY TREATMENT PLANT 3.00 353.95 220 OVERTIME HOURS OVERTIME 1.5 515.75 42,605.83 225 OVERTIME HOURS OVERTIME -DOUBLE 16.00 1,532.28 400 MISCELLANEOUS MISC PAY 0.00 91,554.43 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 616.48 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 2,513.79 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 5,868.94 602 COMP HOURS ACCRUED COMP 1.0 64.00 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 187.50 0.00 902 MISCELLANEOUS BOOT ALLOWANCE 0.00 187.47 acc MISCELLANEOUS ACCREDITATION PAY 0.00 157.39 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 182.66 04/19/2023 Packet Pg. 156 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,093 (04/01/2023 to 04/15/2023) Hour Type Hour Class Description Hours Amount colre MISCELLANEOUS Collision Reconstructionist 0.00 100.79 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 201.58 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 113.61 ctr MISCELLANEOUS CTR INCENTIVES PROGRAM 0.00 280.00 deftat MISCELLANEOUS DEFENSE TATICS INSTRUCTOR 0.00 87.64 det MISCELLANEOUS DETECTIVE PAY 0.00 138.08 det4 MISCELLANEOUS Detective 4% 0.00 771.32 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 837.60 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 412.34 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 8,361.22 firear MISCELLANEOUS FIREARMS INSTRUCTOR 0.00 344.28 fmla ABSENT FAMILY MEDICAL/NON PAID 38.00 0.00 k9 MISCELLANEOUS K-9 PAY 0.00 138.08 less MISCELLANEOUS LESS LETHAL INSTRUCTOR 0.00 98.73 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 851.08 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 1,471.88 Ig12 LONGEVITY Lonqevitv 9% 0.00 2,251.06 Ig13 LONGEVITY Lonqevitv 7% 0.00 1,349.83 Ig14 LONGEVITY Lonqevitv 5% 0.00 547.56 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 265.48 Iq4 LONGEVITY Lonqevitv 1% 0.00 1,066.90 Iq5 LONGEVITY Lonqevitv 3% 0.00 2,502.53 Iq7 LONGEVITY Lonqevitv 1.5% 0.00 558.96 Iq8 LONGEVITY Lonqevitv 8% 0.00 258.36 mels SICK Medical Leave Sick 9.00 426.02 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 138.08 ooc MISCELLANEOUS OUT OF CLASS 0.00 1,474.05 pds MISCELLANEOUS Public Disclosure Specialist 0.00 111.60 pfmk KELLY DAY Paid Familv Medical Kellv Day 2.75 119.64 pfmp ABSENT Paid Familv Medical Unpaid/Sup 158.50 0.00 pfms SICK Paid FAMILY MEDICAL/SICK 24.50 950.09 pfmv VACATION Paid Familv Medical Vacation 90.25 7,272.38 phv MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 2,228.10 sdp MISCELLANEOUS SPECIAL DUTY PAY 0.00 388.30 sqt MISCELLANEOUS ADMINISTRATIVE SERGEANT 0.00 219.02 04/19/2023 Packet Pg. 157 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,093 (04/01/2023 to 04/15/2023) Hour Type Hour Class Description Hours Amount St REGULAR HOURS Serqeant Pay 0.00 164.27 str MISCELLANEOUS STREET CRIMES 0.00 219.02 traf MISCELLANEOUS TRAFFIC 0.00 388.68 vab VACATION VACATION ADD BACK 88.00 0.00 vap VACATION Vacation Premium 16.00 565.17 21,455.01 $1,298,957.63 Total Net Pay: $885,355.60 8.3.b c R 0 L a 4- 0 M N O N LO O O M N Co N r O O L I_ I_ LQ L R 0 L R Q E Q 04/19/2023 Packet Pg. 158 8.4 City Council Agenda Item Meeting Date: 04/25/2023 Approval of claim checks. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #257108 through #257210 dated April 20, 2023 for $1,247,747.92. 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 payments. Attachments: claim checks 04-20-23 agenda Packet Pg. 159 8.4.a apPosPay Positive Pay Listing 4/20/2023 10:58:44AM City of Edmonds Page: 1 Document group: jacobson Vendor Code & Name Check # Check Date Amount 076040 911 SUPPLY INC 257108 4/20/2023 2,379.24 070322 A&A LANGUAGE SERVICES INC 257109 4/20/2023 510.00 065052 AARD PEST CONTROL 257110 4/20/2023 103.87 078469 AGUIRRE, RAUL 257111 4/20/2023 130.00 065568 ALLWATER INC 257112 4/20/2023 80.67 069751 ARAMARK UNIFORM SERVICES 257113 4/20/2023 286.24 025217 ARG INDUSTRIAL 257114 4/20/2023 965.43 070305 AUTOMATIC FUNDS TRANSFER 257115 4/20/2023 2,089.00 075263 AVR PRODUCTION SERVICES LLC 257116 4/20/2023 1,400.00 070591 B&H PHOTO VIDEO REMITTANCE 257117 4/20/2023 13,002.05 Y 075217 BASLER, ANTHONY C 257118 4/20/2023 130.00 U 072577 BAURECHT, MAGRIT 257119 4/20/2023 1,043.88 066673 BILLS BLUEPRINT INC 257120 4/20/2023 7.29 0 079262 BLUE WINGS EVENTS LLC 257121 4/20/2023 6,000.00 •@ 018495 CALPORTLAND COMPANY 257122 4/20/2023 601.69 Z 073029 CANON FINANCIAL SERVICES 257123 4/20/2023 520.36 o 069813 CDW GOVERNMENT INC 257124 4/20/2023 884.20 067446 CEM CORPORATION 257125 4/20/2023 1,977.23 0 0 078866 CENTERPOINT LANGUAGE SERVICES 257126 4/20/2023 130.00 a 003510 CENTRAL WELDING SUPPLY 257127 4/20/2023 258.68 Q' Q 073249 CG ENGINEERING, PLLC 257128 4/20/2023 2,487.50 064369 CODE PUBLISHING LLC 257129 4/20/2023 77.91 070323 COMCAST BUSINESS 257130 4/20/2023 57.94 y 065891 CONLEY, LISA M 257131 4/20/2023 160.00 072746 CONSOR NORTH AMERICA INC 257132 4/20/2023 31,632.79 m 078419 DIAMOND PARKING 257133 4/20/2023 3,000.00 N 064531 DINES, JEANNIE 257134 4/20/2023 804.00 0 N 079268 DOBBS PETERBILT 257135 4/20/2023 24.63 0 075153 DOPPS, MARIA 257136 4/20/2023 130.00 Y 070244 DUANE HARTMAN & ASSOCIATES INC 257137 4/20/2023 3,527.99 U 007253 DUNN LUMBER 257138 4/20/2023 3,382.71 007675 EDMONDS AUTO PARTS 257139 4/20/2023 88.34 U 076610 EDMONDS HERO HARDWARE 257140 4/20/2023 489.88 -9 008705 EDMONDS WATER DIVISION 257141 4/20/2023 6,952.44 6 075200 EDUARDO ZALDIBAR 257142 4/20/2023 60.00 008812 ELECTRONIC BUSINESS MACHINES 257143 4/20/2023 1,081.89 008975 ENTENMANN ROVIN CO 257144 4/20/2023 1,371.50 t 009350 EVERETT DAILY HERALD 257145 4/20/2023 202.96 U 079261 FAGERSTROM, KEVIN 257146 4/20/2023 40.00 Q 079275 FESER, ANGIE 257147 4/20/2023 847.80 072493 FIRSTLINE COMMUNICATIONS INC 257148 4/20/2023 292.83 075538 GAMEZ, OMAR 257149 4/20/2023 48.47 079276 GERRY PETERSON 257150 4/20/2023 216.80 012199 GRAINGER 257151 4/20/2023 4,001.47 079272 HAWK, AMANDA 257152 4/20/2023 100.00 072647 HERRERA ENVIRONMENTAL 257153 4/20/2023 565.34 079259 HILL, LAWSON 257154 4/20/2023 1,045.00 076240 HM PACIFIC NORTHWEST INC 257155 4/20/2023 1,171.81 061013 HONEY BUCKET 257156 4/20/2023 3,625.96 069733 ICONIX WATERWORKS INC 257157 4/20/2023 6,977.13 072627 INTRADO LIFE & SAFETY INC 257158 4/20/2023 500.00 072422 JE HORTON INTERPRETING SVCS 257159 4/20/2023 260.00 075265 KBA INC 257160 4/20/2023 23,947.46 Page: 1 Packet Pg. 160 apPosPay Positive Pay Listing 4/20/2023 10:58:44AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 071137 KIDZ LOVE SOCCER 257161 4/20/2023 2,611.05 078239 KIM, YOUNGHEE 257162 4/20/2023 130.00 017135 LANDAU ASSOCIATES INC 257163 4/20/2023 783.75 079231 LEICA MICROSYSTEMS INC 257164 4/20/2023 6,303.51 075016 LEMAY MOBILE SHREDDING 257165 4/20/2023 14.62 074263 LYNNWOOD WINSUPPLY CO 257166 4/20/2023 782.62 069961 MAIN STREET ELECTRIC INC 257167 4/20/2023 2,431.00 061900 MARC 257168 4/20/2023 817.83 079258 MAYBERRY, ROSS 257169 4/20/2023 403.00 077076 MAYLOR, UNEEK 257170 4/20/2023 160.08 079274 MCAULEY, ROAN 257171 4/20/2023 100.00 075764 MCCLURE AND SONS INC 257172 4/20/2023 27,200.00 074556 MOORE, IACOFANO & GOLTSMAN INC 257173 4/20/2023 35,865.00 018950 NAPA AUTO PARTS 257174 4/20/2023 379.31 024302 NELSON PETROLEUM 257175 4/20/2023 356.77 077400 NELSON, MIKE 257176 4/20/2023 681.63 002079 OPEN SQUARE 257177 4/20/2023 790.08 002203 OWEN EQUIPMENT COMPANY 257178 4/20/2023 557.57 078127 OWENS PUMP & EQUIPMENT 257179 4/20/2023 201.11 075735 PACIFIC SECURITY 257180 4/20/2023 4,342.54 074793 PETDATA INC 257181 4/20/2023 236.80 071783 PIGSKIN UNIFORMS 257182 4/20/2023 1,228.27 079270 PRINTING PLUS 257183 4/20/2023 1,773.53 030695 PUMPTECH INC 257184 4/20/2023 7,051.01 077429 PURE WATER AQUATICS 257185 4/20/2023 577.69 070647 RICH, SUSAN 257186 4/20/2023 100.00 068708 ROCKWELL AUTOMATION INC 257187 4/20/2023 20,150.79 079267 SAMANIAN, BADRI 257188 4/20/2023 51.50 063306 SHERWIN-WILLIAMS 257189 4/20/2023 225.51 036955 SKY NURSERY 257190 4/20/2023 160.99 079269 SMALL, BEN 257191 4/20/2023 80.00 037375 SNO CO PUD NO 1 257192 4/20/2023 7,830.76 037376 SNO CO PUD NO 1 257193 4/20/2023 32,056.01 037376 SNO CO PUD NO 1 257194 4/20/2023 2,249.91 038100 SNO-KING STAMP 257195 4/20/2023 55.80 037303 SO SNOHOMISH CO FIRE & RESCUE 257196 4/20/2023 917,042.00 038410 SOUND SAFETY PRODUCTS 257197 4/20/2023 656.28 076061 T&L NURSERY INC 257198 4/20/2023 69.36 065459 THE HERALD SUBSCRIPTION 257199 4/20/2023 276.36 073749 THE WATERSHED COMPANY 257200 4/20/2023 4,121.25 038315 TK ELEVATOR CORPORATION 257201 4/20/2023 2,389.62 068141 TRANSPO GROUP 257202 4/20/2023 12,977.01 077070 UNITED RECYCLING & CONTAINER 257203 4/20/2023 5,234.71 078860 VALENTINE ROOFING INC 257204 4/20/2023 100.80 075496 VALERIE INC 257205 4/20/2023 5,000.00 069816 VWR INTERNATIONAL INC 257206 4/20/2023 1,361.46 067195 WASHINGTON TREE EXPERTS 257207 4/20/2023 3,618.88 073552 WELCO SALES LLC 257208 4/20/2023 1,005.32 077188 WELCOME MAGAZINE 257209 4/20/2023 3,456.00 011900 ZIPLY FIBER 257210 4/20/2023 26.45 GrandTotal : 1,247,747.92 Total count: 103 Q Page: 2 Packet Pg. 161 8.5 City Council Agenda Item Meeting Date: 04/25/2023 2023 April Budget Amendment Ordinance Staff Lead: Dave Turley Department: Administrative Services Preparer: Marissa Cain Background/History Amend the 2023 Ordinance No. 4297 Staff Recommendation Staff recommends that Council approve Ordinance No. XXXX amending the 2023 Budget. Attachments: 2023 April Budget Amendment Ordinance 2023 April Budget Amendment Exhibits Packet Pg. 162 8.5.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4297 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, previous actions taken by the City Council require Interfund Transfers and increases in appropriations; and WHEREAS, state law requires an ordinance be adopted whenever money is transferred from one fund to another; and WHEREAS, the City Council has reviewed the amended budget appropriations and information which was made available; and approves the appropriation of local, state, and federal funds and the increase or decrease from previously approved programs within the 2023 Budget; and THEREFORE, WHEREAS, the applications of funds have been identified; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1. of Ordinance No. 4297 amending the final budget for the fiscal year 2023 is hereby amended to reflect the changes shown in Exhibits A, B, C, and D adopted herein by reference. 1 Packet Pg. 163 8.5.a Section 2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHENTICATE: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M. JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. APPROVED: MAYOR, MIKE NELSON 2 Packet Pg. 164 8.5.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the th day of April, 2023, the City Council of the City of Edmonds, passed Ordinance No. XXXX. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4297 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this day of , 2023. CITY CLERK, SCOTT PASSEY 3 Packet Pg. 165 8.5.a EXHIBIT "A": Budget Amendment Summary (April 2023) FUND NO. FUND DESCRIPTION 2023 BEGINNING FUND BALANCE REVENUE EXPENDITURES 2023 ENDING FUND BALANCE 001 GENERAL FUND 16,714,223 51,186,745 61,780,797 6,120,171 009 LEOFF-MEDICAL INS. RESERVE 194,409 225,000 367,140 52,269 011 RISK MANAGEMENT RESERVE FUND 25,000 - 25,000 - 012 CONTINGENCY RESERVE FUND 1,782,150 447,522 - 2,229,672 014 HISTORIC PRESERVATION GIFT FUND 10,522 - 5,900 4,622 016 BUILDING MAINTENANCE 3,739,645 17,480 1,275,000 2,482,125 017 MARSH RESTORATION & PRESERVATION FUND 848,617 - - 848,617 018 EDMONDS HOMELESSNESS RESPONSE FUND - - 019 EDMONDS OPIOID RESPONSE FUND - - - - 104 DRUG ENFORCEMENT FUND 196,584 167,650 45,800 318,434 111 STREET FUND 547,114 1,815,410 2,583,414 (220,890) 112 COMBI NED STREET CONST/IMPROVE 2,669,390 12,366,800 11,273,695 3,762,495 117 MUNICIPAL ARTS ACQUIS. FUND 705,480 98,098 207,380 596,198 120 HOTEL/MOTEL TAX REVENUE FUND 54,624 84,400 95,400 43,624 121 EMPLOYEE PARKING PERMIT FUND 76,184 38,960 26,880 88,264 122 YOUTH SCHOLARSHIP FUND 12,808 1,660 3,000 11,468 123 TOURISM PROMOTIONAL FUND/ARTS 97,362 30,440 28,500 99,302 125 PARK ACQ/IMPROVEMENT 3,513,005 2,320,090 4,315,418 1,517,677 126 SPECIAL CAPITAL FUND 3,771,542 2,302,980 1,800,512 4,274,010 127 GIFTS CATALOG FUND 3,176,109 135,340 497,598 2,813,851 130 CEMETERY MAINTENANCE/IMPROV 267,890 150,960 249,413 169,437 136 PARKS TRUST FUND 166,760 5,460 43,842 128,378 137 CEMETERY MAINTENANCE TRUSTFD 1,175,601 51,500 50,000 1,177,101 138 SISTER CITY COMMISSION 13,869 10,430 11,900 12,399 140 BUSINESS IMPROVEMENT DISTRICT FUND 20,801 88,645 88,575 20,871 141 AFFORDABLE & SUPPORTIVE HOUSING FUND 224,414 65,000 - 289,414 142 EDMONDS RESCUE PLAN FUND 44,888 1,669,000 1,669,000 44,888 143 TREE FUND 236,162 215,100 239,800 211,462 211 LID FUND CONTROL - - - - 231 2012 LTGO DEBTSERVICE FUND - 309,800 309,800 - 332 PARKS CONSTRUCTION 322,129 2,713,902 2,255,647 780,384 421 WATER 30,924,419 11,950,114 11,819,111 31,055,422 422 STORM 15,101,336 9,020,452 8,292,377 15,829,411 423 SEWER/TREATMENT PLANT 57,120,908 15,898,844 16,488,945 56,530,807 424 BOND RESERVE FUND 843,951 1,991,860 1,989,820 845,991 511 EQUIPMENT RENTAL FUND 9,730,472 4,188,740 4,431,858 9,487,354 512 iTechnology Rental Fund 693,587 1 1,481,194 1 1,753,427 421,354 Tota Is 155,021,955 1 121,049,576 1 134,024,949 142,046,582 �L Q Q M N O N C N E t v M r Q Packet Pg. 166 EXHIBIT "B": Budget Amendments by Revenue (April 2023) 8.5.a FUND NO. FUND DESCRIPTION Adopted Budget Ord.#4289 1/1/2023 Adopted Amendment Ord.#4297 3/2/2023 Proposed Amendment Ord.# 2023 Amended Revenue Budget 001 General Fund $ 49,991,791 $ 360,954 $ 834,000 $ 51,186,745 009 Leoff-MedlcaIIns. Reserve 225,000 - - 225,000 011 Risk Management Reserve Fund - - - 012 Contingency Reserve Fund 447,522 447,522 014 Historic Preservation Gift Fund - - - 016 Building Maintenance Fund 17,480 17,480 017 Marsh Restoration & Preservation Fund - - 018 Edmonds Homelessness Response Fund 019 Edmonds Opioid Response Fund - - 104 Drug Enforcement Fund 167,650 167,650 111 Street Fund 1,815,410 - 1,815,410 112 Combined Street Const/Improve 8,308,065 2,776,000 1,282,735 12,366,800 117 Municipal Arts Acquis. Fund 98,098 - - 98,098 118 Memorial Street Tree - - 120 Hotel/Motel Tax Revenue Fund 84,400 84,400 121 Employee Parking Permit Fund 38,960 38,960 122 Youth Scholarship Fund 1,660 1,660 123 Tourism Promotional Fund/Arts 30,440 30,440 125 ParkAcq/Improvement 2,320,090 2,320,090 126 Special Capital Fund 2,302,980 2,302,980 127 Gifts Catalog Fund 135,340 135,340 130 Cemetery Maintenance/Improv 150,960 150,960 136 Parks Trust Fund 5,460 5,460 137 Cemetery Maintenance Trust I'd 51,500 51,500 138 Sister City Commission 10,430 10,430 140 Business Improvement District Fund 88,645 88,645 141 Affordable and Supportive Housing Fund 65,000 - 65,000 142 Edmonds Rescue Plan Fund 1,249,000 420,000 1,669,000 143 Tree Fund 215,100 - 215,100 211 Lid Fund Control - - 231 2012 LTGO Debt Service fund 309,800 309,800 332 Parks Construction 927,205 1,786,697 2,713,902 421 Water 11,950,114 - 11,950,114 422 Storm 8,903,407 117,045 9,020,452 423 Sewer/Treatment Plant 15,898,844 - 15,898,844 424 Bond Reserve Fund 1,991,860 1,991,860 511 Equipment Rental Fund 4,188,740 - 4,188,740 512 Technology Renta I Fund 1,413,372 67,822 1,481,194 617 Firemen's Pension Fund - - - - Totals $ 112,956,801 $ 5,108,518 $ 2,984,257 $ 121,049,576 �L Q C7 CV CD CV a W E t U M r Q Packet Pg. 167 EXHIBIT "C: Budget Amendment by Expenditure (April 2023) 8.5.a FUND NO. FUND DESCRIPTION Adopted Budget Ord. #4289 1/1/2023 Adopted Amendment Ord. #4297 3/2/2023 Proposed Amendment Ord. # 2023 Amended Expenditure Budget 001 General Fund $ 55,716,788 $ 1,970,899 $ 4,093,110 $ 61,780,797 009 Leoff-Medical Ins. Reserve 367,140 - - 367,140 011 Risk Management Reserve Fund 25,000 25,000 012 Contingency Reserve Fund - - 014 Historic Preservation Gift Fund 5,900 - 5,900 016 Building Maintenance Fund 1,215,000 60,000 1,275,000 017 Marsh Restoration & Preservation Fund - - - 018 Edmonds Homelessness Response Fund 019 Edmonds Opioid Response Fund - - 104 Drug Enforcement Fund 45,800 45,800 111 Street Fund 2,350,969 - 232,445 2,583,414 112 Combined Street Const/Improve 7,214,960 2,776,000 1,282,735 11,273,695 117 Municipal Arts Acquis. Fund 182,880 24,500 - 207,380 118 Memorial Street Tree - - - 120 Hotel/Motel Tax Revenue Fund 95,400 95,400 121 Employee Parking Permit Fund 26,880 26,880 122 Youth Scholarship Fund 3,000 3,000 123 Tourism Promotional Fund/Arts 28,500 - - 28,500 125 ParkAcq/Improvement 2,473,362 1,589,536 252,520 4,315,418 126 Special Capital Fund 1,631,812 137,000 31,700 1,800,512 127 Gifts Catalog Fund 497,598 - - 497,598 130 Cemetery Maintenance/Improv 249,413 - 249,413 136 Parks Trust Fund - 43,842 43,842 137 Cemetery Maintenance TrustFd 25,000 25,000 50,000 138 Sister City Commission 11,900 - 11,900 140 Business Improvement District Fund 88,575 88,575 141 Affordable and Supportive Housing Fund - - - 142 Edmonds Rescue Plan Fund 1,249,000 420,000 1,669,000 143 Tree Fund 239,800 - 239,800 211 Lid Fund Control - - 231 2012LTGO Debt Service Fund 309,800 309,800 332 Parks Construction 468,950 1,786,697 - 2,255,647 421 Water 11,335,050 300,000 184,061 11,819,111 422 Storm 7,603,123 483,840 205,414 8,292,377 423 Sewer/Treatment Plant 15,381,246 650,000 457,699 16,488,945 424 Bond Reserve Fund 1,989,820 - - 1,989,820 511 Equipment Rental Fund 3,695,807 671,411 64,640 4,431,858 512 Technology Renta I Fund 1,617,205 67,822 68,400 1,753,427 617 Firemen'S Pension Fund - Totals $116,145,678 1 $ 10,586,547 1 $ 7,292,724 1 $ 134,024,949 �L Q Q C7 CV CD CV a W E t v M r .r Q Packet Pg. 168 EXHIBIT "D": Budget Amendment Summary (April 2023) 8.5.a Fund Number Proposed Amendment Change in Revenue Proposed Amendment Change in Expense Proposed Amendment Change in Ending Fund Balance 001 834,000 4,093,110 (3,259,110) 012 447,522 - 447,522 111 - 232,445 (232,445) 112 1,282,735 1,282,735 125 - 252,520 (252,520) 126 31,700 (31,700) 127 - 136 - - 142 420,000 420,000 421 - 184,061 (184,061) 422 205,414 (205,414) 423 457,699 (457,699) 511 64,640 (64,640) 512 - 68,400 (68,400) Total Change 2,984,257 7,292,724 1 (4,308,467) �L Q Q M N O N a N E t V ra r Q Packet Pg. 169 8.5.b 2023 April Budget Amendment Budget Amendment for: First Quarter Item Description: To adjust for the Teamsters contract wages and benefits increases approved by Council in January of 2023. Department: Administrative Services Division: Finance MULTIPLE FUNDS Title: Adjust for Salary Increases Fund Name: Preparers lMarissa Cain Budget Amendment Type New Item For Council To Consider Please select when the budget was approved Date of approval January 2023 How is this amendment funded? 100% Self Funded What is the nature of the expenditure? On -Going Is the Expenditure Operating or Capital? Operating Expenditure Increase (Decrease) Fill out on -going costs & revenues Account Number Description 2023 2024 2025 2026 2027 001.000.64.576.80.11.00 Salaries $ 264,000 $ 264,000 $ 264,000 $ 264,000 $ 264,000 001.000.64.576.80.23.00 Benefits 52,800 52,800 52,800 52,800 52,800 001.000.66.518.30.11.00 Salaries 170,000 170,000 170,000 170,000 170,000 001.000.66.518.30.23.00 Benefits 34,000 34,000 34,000 34,000 34,000 422.000.72.531.70.11.00 Salaries 151,000 151,000 151,000 151,000 151,000 422.000.72.531.70.23.00 Benefits 30,200 30,200 30,200 30,200 30,200 111.000.68.542.60.11.00 Salaries 182,000 182,000 182,000 182,000 182,000 111.000.68.542.60.23.00 Benefits 36,400 36,400 36,400 36,400 36,400 421.000.74.534.80.11.00 Salaries 134,000 134,000 134,000 134,000 134,000 421.000.74.534.80.23.00 Benefits 26,800 26,800 26,800 26,800 26,800 423.000.75.535.80.11.00 Salaries 142,000 142,000 142,000 142,000 142,000 423.000.75.535.80.23.00 Benefits 28,400 28,400 28,400 28,400 28,400 423.000.76.535.80.11.00 Salaries 183,000 183,000 183,000 183,000 183,000 423.000.76.535.80.23.00 Benefits 36,600 36,600 36,600 36,600 36,600 511.000.77.548.68.11.00 Salaries 39,000 39,000 39,000 39,000 39,000 511.000.77.548.68.23.00 Benefits 7,800 7,800 7,800 7,800 7,800 Total Expenditure Increase Decrease $ 1,518,000 $ 1,518,000 $ 1,518,000 $ 1,518,000 $ 1,518,000 Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 $ $ $ $ $ Total Revenue Increase Decrease $ $ $ $ $ Beginning Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.39.508.00.00.00 Ending Fund Balance $ 520,800 $ 520,800 $ 520,800 $ 520,800 $ 520,800 111.000.68.508.30.00.00 Ending Fund Balance 218,400 218,400 218,400 218,400 218,400 421.000.74.508.00.00.00 Ending Fund Balance 160,800 160,800 160,800 160,800 160,800 422.000.72.508.00.00.00 Ending Fund Balance 181,200 181,200 181,200 181,200 181,200 423.000.75.508.00.00.00 Ending Fund Balance 390,000 390,000 390,000 390,000 390,000 511.000.77.508.00.00.00 EndingFund Balance 46,800 46,800 46,800 46,800 46,800 Total Ending Fund Balance Increase Decrease $ 1,518,000 $ 1,518,000 $ 1,518,000 $ 1,518,000 $ 1,518,000 Packet Pg. 170 2023 April Budget Amendment 8.5.b Budget Amendment for: December 13, 2022 Item Description: The AFSCME Collective Bargaining Agreement was approved by council on November 22, 2022. This agreement covers the contract period of 1/l/2022-12/31/2024. This decision package is included to add budget authority for the increased salaries for 2023. Services Division: IFinance Title: I AFSCME Salary Increase Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? F,xnenditure Increase (Decreasel Cain Previously Discussed By Council Nov 22 2022 100% Ending Fund Balance On -Going Operating Fund I MULTIPLE FUNDS Name: Fill nut nn-nninn mete R. ra -u- Account Number Descri tion 2022 2023 2024 2025 2026 001.000.23.512.51.11.00 Salaries $ 590,000.00 $ 590,000 $ 590,000 $ 590,000 $ 590,000 001.000.23.512.51.23.00 Benefits $ 118,000.00 118,000 118,000 118,000 118,000 001.000.23.523.30.11.00 Salaries $ 50,000.00 50,000 50,000 50,000 50,000 001.000.23.523.30.23.00 Benefits $ 10,000.00 10,000 10,000 10,000 10,000 001.000.31.514.23.11.00 Salaries $ 140,000.00 140,000 140,000 140,000 140,000 001.000.31.514.23.23.00 Benefits $ 28,000.00 28,000 28,000 28,000 28,000 001.000.31.514.31.11.00 Salaries $ 10,000.00 10,000 10,000 10,000 10,000 001.000.31.514.31.23.00 Benefits $ 2,000.00 2,000 2,000 2,000 2,000 001.000.61.557.20.11.00 Salaries $ 40,000.00 40,000 40,000 40,000 40,000 001.000.61.557.20.23.00 Benefits $ 8,000.00 8,000 8,000 8,000 8,000 001.000.61.573.90.11.00 Salaries $ 14,000.00 14,000 14,000 14,000 14,000 001.000.61.573.90.23.00 Benefits $ 2,800.00 2,800 2,800 2,800 2,800 001.000.62.524.10.11.00 Salaries $ 29,000.00 29,000 29,000 29,000 29,000 001.000.62.524.10.23.00 Benefits $ 5,800.00 5,800 5,800 5,800 5,800 001.000.62.524.20.11.00 Salaries $ 85,000.00 85,000 85,000 85,000 85,000 001.000.62.524.20.23.00 Benefits $ 17,000.00 17,000 17,000 17,000 17,000 001.000.62.558.60.11.00 Salaries $ 10,000.00 10,000 10,000 10,000 10,000 001.000.62.558.60.23.00 Benefits $ 2,000.00 2,000 2,000 2,000 2,000 001.000.64.571.22.11.00 Salaries $ 140,000.00 140,000 140,000 140,000 140,000 001.000.64.571.22.23.00 Benefits $ 28,000.00 28,000 28,000 28,000 28,000 001.000.65.518.20.11.00 Salaries $ 33,000.00 33,000 1 33,000 33,000 33,000 001.000.65.518.20.23.00 Benefits $ 6,600.00 6,600 6,600 6,600 6,600 001.000.67.518.21.11.00 Salaries $ 107,000.00 107,000 107,000 107,000 107,000 001.000.67.518.21.23.00 Benefits $ 21,400.00 21,400 21,400 21,400 21,400 422.000.72.531.90.11.00 Salaries $ 13,000.00 13,000 13,000 13,000 13,000 422.000.72.531.90.23.00 Benefits $ 2,600.00 2,600 2,600 2,600 2,600 423.000.76.535.80.11.00 Salaries $ 13,000.00 13,000 13,000 13,000 13,000 423.000.76.535.80.23.00 Benefits $ 2,600.00 2,600 2,600 2,600 2,600 512.000.31.518.88.11.00 Salaries $ 50,000.00 50,000 50,000 50,000 50,000 512.000.31.518.88.23.00 Benefits $ 10,000.00 10,000 10,000 10,000 10,000 Total Expenditure Increase Decrease $ 1,588,806 $ 1,588,800 $ 1,588,800 $ 1,588,800 $ 1,588,800 Revenue Increase (Decrease) Account Number Description 2022 2023 2024 2025 2026 Total Revenue Increase Decrease $ $ $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2022 2023 2024 2025 2026 001.000.39.508.00.00.00 Ending Fund Balance $ 1,497,600 $ 1,497,600 $ 1,497,600 $ 1,497,600 $ 1,497,600 422.000.72.508.00.00.00 Ending Fund Balance 15,600 15,600 15,600 15,600 15,600 423.000.75.508.00.00.00 Ending Fund Balance 15,600 15,600 15,600 15,600 15,600 512.000.31.508.00.00.00 Ending Fund Balance 60,000 60,000 60,000 60,000 60,000 Total Ending Fund Balance Increase Decrease' $ 1,588,800 $ 1,588,800 $ 1,588,800 $ 1,588,800 $ 1,588,800 2 Packet Pg. 171 2023 April Budget Amendment 8.5.b Budget Amendment for: First Quarter Item Description: To adjust for the non -represented salary and benefits increases approved by Council in December of 2022. Department: Administrative Services Fund Name: MULTIPLE FUNDS Division: Finance Title: Adjust for Salary Increases Preparer: Marissa Cain Budget Amendment Type Please select when the budget was approved Date of approval How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) New Item For Council To Consider 100 % Ending Fund Balance On -Going Opeak Fill out on -going costs & revenues Account Number Description 2023 2024 2025 2026 2027 001.000. 11.511.60.11.00 Salaries $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 001.000.21.513.10.11.00 Salaries 8,000 8,000 8,000 8,000 8,000 001.000.22.518.10.11.00 Salaries 35,000 35,000 35,000 35,000 35,000 001.000.23.512.51.11.00 Salaries 17,000 17,000 17,000 17,000 17,000 001.000.31.514.20.11.00 Salaries 13,000 13,000 13,000 13,000 13,000 001.000.31.514.23.11.00 Salaries 10,000 10,000 10,000 10,000 10,000 001.000.31.514.31.11.00 Salaries 10,000 10,000 10,000 10,000 10,000 001.000.41.521.10.11.00 Salaries 10,000 10,000 1 10,000 10,000 10,000 001.000.61.557.20.11.00 Salaries 5,000 5,000 5,000 5,000 5,000 001.000.61.573.90.11.00 Salaries 4,000 4,000 4,000 4,000 4,000 001.000.62.524.10.11.00 Salaries 13,000 13,000 13,000 15,000 13,000 001.000.62.524.20.11.00 Salaries 18,000 18,000 18,000 18,000 18,000 001.000.62.558.60.11.00 Salaries 61000 61000 61000 61000 61000 001.000.64.571.21.11.00 Salaries 13,000 13,000 13,000 13,000 13,000 001.000.64.571.22.11.00 Salaries 30,000 30,000 30,000 30,000 30,000 001.000.64.576.80.11.00 Salaries 12,000 12,000 12,000 12,000 12,000 001.000.65.518.20.11.00 Salaries 4,000 4,000 4,000 4,000 4 000 001.000.66.518.30.11.00 Salaries 12,000 12,000 12,000 12,000 12,000 001.000.67.518.21.11.00 Salaries 94,000 94,000 94,000 94,000 94,000 111.000.68.542.31.11.00 Salaries 1,000 1,000 1,000 1,000 1,000 111.000.68.542.90.11.00 Salaries 6,000 6,000 6,000 6,000 6,000 421.000.74.534.80.11.00 Salaries 11,000 11,000 11,000 11,000 11,000 422.000.72.531.90.11.00 Salaries 6,000 6,000 6,000 6,000 6,000 423.000.76.535.80.11.00 Salaries 30,000 30,000 30,000 30,000 30,000 511.000.77.548.68.11.00 Salaries 13,000 13,000 13,000 13,000 13 000 512.000.31.518.88.11.00 Salaries 7,000 7,000 7,000 7,000 7,000 00 1.000. 11.511.60.23.00 Benefits 1000 1000 1000 1000 1000 001.000.21.513.10.23.00 Benefits 1,600 1,600 1,600 1,600 1,600 001.000.22.518.10.23.00 Benefits 7,000 7,000 7,000 7,000 7,000 001.000.23.512.51.23.00 Benefits 3,400 3,400 3,400 3,400 3,400 001.000.31.514.20.23.00 Benefits 6,600 6,600 6,600 6,600 6,600 512.000.31.518.88.23.00 Benefits 1,400 1,400 1,400 1,400 1,400 001.000.41.521.10.23.00 Benefits 2,000 2,000 2,000 2,000 2 000 001.000.61.557.20.23.00 Benefits 1,800 1,800 1,800 1,800 1,800 001.000.62.524.10.23.00 Benefits 18,400 18,400 18,400 18,400 18,400 001.000.64.571.21.23.00 Benefits 11,000 11,000 11,000 11,000 11,000 001.000.65.518.20.23.00 Benefits 800 800 800 800 800 001.000.66.518.30.23.00 Benefits 2,400 2,400 2,400 2,400 2,400 001.000.67.518.21.23.00 Benefits 18,800 18,800 18,800 5,800 18,800 111.000.68.542.31.23.00 Benefits 1,400 1,400 1,400 1,400 1 1,400 422.000.72.531.90.23.00 Benefits 1200 1200 1200 1200 1200 421.000.74.534.80.23.00 Benefits 2,200 2,200 2,200 2,200 2,200 423.000.76.535.80.23.00 Benefits 6,000 6,000 6,000 6,000 6,000 511.000.77.548.68.23.00 Benefits 2,600 2,600 2,600 2,600 2,600 Total Expenditure Increase Decrease $ 537,600 $ 537,600 $ 537,600 $ 537,600 $ 537,600 Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 $ $ $ $ $ Total Revenue Increase Decrease $ - $ - $ - $ - $ Beginning Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.39.508.00.00.00 $ 448,800 $ 448,800 $ 448,800 $ 448,800 $ 448,800 111.000.68.508.30.00.00 (8,400) 8 400 8 400 8 400 (8,400) 421.000.74.508.00.00.00 13,200 13,200 13,200 13,200 13,200 422.000.72.508.00.00.00 7 200 7 200 7 200 7 200 (7,200) 423.000.75.508.00.00.00 36,000 36,000 36,000 36,000 36,000 511.000.77.508.00.00.00 15 600 15 600 15 600 15 600 (15,600) 512.000.31.508.00.00.00 8,400 8,400 8,400 8,400 8,400 Total EndingFond Balance Increase (Decrease)$ 537 600 $ 537 600 $ 537 600 $ 537 600 $ (537,600) Packet Pg. 172 8.5.b 2023 April Budget Amendment Budget Amendment for: April 18, 2023 Description: The Stormwater Engineer can normally review the stream of development permits for compliance with the City's stormwater regulations as part of the position's workload. The City's Storm and Surface Water Comprehensive Plan needs to be updated as a companion to the current update to the City's overall Comprehensive Plan. Working on the Storm and Surface Water Comprehensive Plan will take the Stormwater Engineer's time away from reviewing development permits. Outside professional services are required to fill this gap until the Storm and Surface Water Comprehensive Plan is completed. Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) Public Works Stormwater On -Call Professional Services Jerry Shuster Previously Discussed By Council 1st Quarter Budget Amendment Feb 28 2023 100% Ending Fund Balance 94 One -Time Operating Fund F 001 GENERAL Name: Account Number Description 2023 2024 2025 2026 2027 00 1.00.67.518.21.4 1.00 Professional Services $ 125.000 S $ $ $ Total Expenditure Increase(Decrease) $ 125,000 S $ $ $ Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 $ $ $ $ S Total Revenue Increase Decrease $ S $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.39.508.00.00.00 Ending Fund Balance $ 125,000 $ $ $ $ Total Ending Fund Balance Increase Decrease $ 125,000 $ 1 1 1$ Packet Pg. 173 8.5.b 2023 April Budget Amendment Budget Amendment for: April 18, 2023 Item Description: Along with the OpenGov Budget, Reporting and Transparancy implementation, the next step is acquiring remaining ERP system. As discussed at previous Council meetings, a Project Manager is necessary to lead that search. The goal would be for this to be contracted as a professional service for 3 to 6 months. rice contacted three firms and chose to work with Plante Moran, a recognized consulting firm experienced in this work. Budget was approved in 2022, but the project was placed on hold and only $2,120 was spent in 2022. budget amendment would allow us to take the project off hold and begin the implementation. type of Project Manager work they will be doing for us: 1. Develop detailed project plan 2. Establish project collaboration center (e.g. SharePoint) 3. Schedule and moderate status meetings 4. Develop solution criteria and define the decision -making process 5. Conduct additional due diligence activities 6. Review contracts and Statements of Work 7. Assist in transition to implementation Administrative Services Fund 001 GENERAL Name: Budget Amendment Type Previously Discussed By Council Date of Discussion or Budget Approval? Dec. 14, 2021; Jan. 14, 2022; Jan. 25, 2022; April 19, 2022 How is this amendment funded? 100% Ending Fund Balance What is the nature of the expenditure? One -Time Is the Expenditure Operating or Capital? 10perating Expenditure Increase (Decrease) Account Number Description 2022 2023 2024 2025 1 2026 00 1.000. 31.514.23.4 1.00 Professional Services $ 60,000 $ S S $ Total Expenditure Increase (Decrease) $ 60,000 $ S S $ Revenue Increase (Decrease) Account Number Description 2022 2023 2024 2025 2026 Total Revenue Increase (Decrease) $ $ $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2022 2023 2024 2025 2026 001.000.39.508.00.00.00 Ending Fund Balance $ (60,000) $ $ $ $ Total Ending Fund Balance Increase (Decrease) $ (60,000) $ $ $ $ Packet Pg. 174 2023 April Budget Amendment 8.5.b Budget Amendment for: April 18, 2023 Item Description: The Edmonds School District has been running the "Let's Go" Bicycle Education Program since 2015 within the Edmonds Schools (with collaboration from Cascade Bicycle Club, Edmonds Bicycle Club, and City of Edmonds). Previous transportation grant funds secured by the City of Edmonds and from the Verdant Health Commission have made this program possible in past years. The Edmonds School District requested a $15k funding contribution to cover a shortfall to pay for the 2023 program (April through September). The District's program provides for the delivery of bikes and curriculum materials to Edmonds schools, maintenance and repair services for fleets of bikes, in - class teacher support / consultations, and preparation for Fall program. The District has secured a funding source for the vro2ram in the followin ear 2023-2024 school year). Department: Public Works Fund 7 001 GENERAL Name: Division: Engineering Title: Extension of "Let's Go" Bicycle Education Program Preoarer: Bertrand Hauss Budget Amendment Type New Item For Council To Consider 1st Quarter Budget Amendment Date of Discussion or Budget Approval? How is this amendment funded? 100% Ending Fund Balance What is the nature of the expenditure? One -Time Is the Expenditure Operating or Capital? Operating Expenditure Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.67.518.21.49.00 Miscellaneous $ 15.000 S $ $ $ Total Expenditure Increase(Decrease) $ 15.000 S $ $ $ Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 $ S $ $ S Total Revenue Increase Decrease $ $ $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.39.508.00.00.00 Ending Fund balance $ 15,000 $ $ $ $ Total Ending Fund Balance Increase Decrease $ (15.000)1 S 1 1 1$ Packet Pg. 175 2023 April Budget Amendment 8.5.b Budget Amendment for: April 18, 2023 Item Description: The Creative District received a grant in spring of 2022 to support design work for capital improvements within the Creative District limits. The grant is to help cover costs for street improvement conceptual design development specific to the 4th Ave Cultural Corridor project. Department: Community Services/Economic Development Fund Name: 001 GENERAL Division: Community Services/Economic Development Title: Creative District Grant for Conceptual Design Preparer: Todd Tatum Budget Amendment Type New Item For Council To Consider Please select when the budget was approved Date of approval Grant Funded How is this amendment funded? Reimbursed by Grants or Outside Agencies What is the nature of the expenditure? One -Time Is the Expenditure Operating or Capital? Operating Expenditure Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.61.558.70.41.00 Professional Services $ 34,000 $ $ $ $ Total Expenditure Increase Decrease $ 34,000 1 $ S S S Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.334.05.800.00 WA State Arts Commission $ 34,000 $ $ $ $ Total Revenue Increase Decrease $ 34,000 $ S S S Ending Fund Balance Increase (Decrease) Account Number Descri tion 2023 2024 2025 2026 2027 Total Ending Fund Balance Increase Decrease $ $ $ $ $ Packet Pg. 176 8.5.b 2023 April Budget Amendment Budget Amendment for: April 18, 2023 Description: This amendment covers the cost to convert the Neighborhood City Hall (NCH) office to comply with police safety protocols in preparation for the hiring of a "storefront officer" as approved in the 2023 budget. These improvements create a secured area for officer/s to work in while at the NCH, and allow for interaction with the public in a variety of formats in the main lobby of the office. These efforts are necessary to staff this office safely and effectively. Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) Services/Economic Community Services Leasehold Improvements to NCH Todd Tatum New Item For Council To Consider 2nd Quarter Budget Amendment 100% Ending Fund Balance 94 One -Time Operating Fund F 001 GENERAL Name: Account Number Description 2023 2024 2025 2026 2027 001.000.60.557.20.48.00 Repair & Maintenance(Remodeling of NCH $ 80,000 $ $ $ $ 001.000.60.557.20.35.00 Small Equipment Furniture 5,000 Total Expenditure Increase(Decrease) $ 85.000 S $ $ $ Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 $ S $ $ S Total Revenue Increase Decrease $ S $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.39.508.00.00.00 Ending Fund Balance $ (85.000) S $ $ $ Total Ending Fund Balance Increase Decrease $ (85.000)1 S 1 1 1$ Packet Pg. 177 8.5.b 2023 April Budget Amendment Budget Amendment for: April 18, 2023 Item Description: The City is in the process of making repairs to the library from water damage that was incurred prior to this year. Nearly all of the rehab costs will ultimately be reimbursed by insurance. Department: Public Works Fund name: IF 001 GENERAL Division: Building Maintenance Title: Repairs to Library Preparer: Budget Amendment Type New Item For Council To Consider Date of Discussion or Budget Approval? How is this amendment funded? Reimbursed by Grants or Outside Agencies What is the nature of the expenditure? One -Time Is the Expenditure Operating or Capital? Capital Exnenditure Increase (Decrease) Account Number Description 2022 2023 2024 2025 2026 001.000.66.594.19.62.00 Buildings $ 800,000 $ S $ $ Total Expenditure Increase(Decrease) $ 800,000 $ S $ $ Revenue Increase (Decrease) Account Number Description 2022 2023 2024 2025 2026 001.000.395.40.000.00 Insurance Recovery $ 800,000 $ $ $ $ Total Revenue Increase ecrease $ 800,000 $ $ $ $ Endin¢ Fund Balance Increase (Decrease) Account Number Description 2022 2023 2024 2025 2026 $ $ $ $ $ Total Ending Fund Balance Increase Decrease $ $ $ $ $ r+ Q Packet Pg. 178 8.5.b 2023 April Budget Amendment Budget Amendment for: April 18, 2023 Item Description: To adjust the Contingency Reserve to the 2023 balance per the Fund Balance Policy, to bring the Contingency Reserve Fund to 4% of the General Fund Adopted Operating Budget. Department: Administrative Services Division: Finance Fund 001 GENERAL Title: Adjustment to Contingency Reserve Name: Preparer: Dave Turley Budget Amendment Type Previously Discussed By Council Please select when the budget was approved Date of approval 12/20/2022 How is this amendment funded? 100% Self Funded What is the nature of the expenditure? One -Time Is the Expenditure Operating or Capital? 10perating Expenditure Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.39.597.19.55.12 Interfund Transfer $ 447,522 Total Expenditure Increase (Decrease) $ 447,522 $ - $ - $ - $ - Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 012.000.397.19.001.00 Interfund Transfer $ 447,522 $ - $ - $ - $ - Total Revenue Increase (Decrease) $ 447,522 $ - $ - $ - $ - Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 012.000.39.508.00.00.00 $ 447,522 $ - $ - $ - $ - 001.000.39.508.00.00.00 (447,522) - - - - Total Ending Fund Balance Increase Decrease $ - $ - $ - $ - $ - r c m E c m E Q m m �L Q Q M N O N 10 Packet Pg. 179 8.5.b 2023 April Budget Amendment Budget Amendment for: April 18, 2023 Description: The Household Grant program has been the most active of all of the support grant categories established in Edmonds' ARPA ordinances. Annual funds went from $1,000,000 in 2021 and 2022, to $500,000 in 2023, and $420,000 in 2024. Demand for these grants have steadily increased year over year. The entirety of 2023's allocated funds have either been distributed, or are in the process of being awarded as of 3/13/23. Should Council desire to carry on with this grant program beyond April, we will need more funding. We recommend that this funding come from 2024's allocation of $420,000 which was approved by Council with 2023's budget. Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) Services/Economic Services Household Grant fund increase Todd Tatum New Item For Council To Consider 2nd Quarter Budget Amendment Dec 20 2022 Reimbursed by Grants or Outside Agencies One -Time Operating Fund MULTIPLE FUNDS Name: Account Number Description 2023 2024 2025 2026 2027 142.000.39.518.63.41.00 Community Relief Funds $ 420,000 $ $ $ $ Total Expenditure Increase(Decrease) $ 420,000 $ $ $ $ Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 142.000.333.21.019.00 Coronavirus Relief Fund $ 420,000 $ $ $ $ Total Revenue Increase Decrease $ 420.000 S $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 S $ $ $ Total Ending Fund Balance Increase Decrease $ S $ $ $ 11 Packet Pg. 180 8.5.b 2023 April Budget Amendment Budget Amendment for: April 18, 2023 Item Description: The Washington Cities Insurance Authority (WCIA) provided the City with a preliminary estimate of what the assessment would be for the 2023 fiscal year, which we included in the 2023 proposed budget. The actual assessment that we received in January was higher. This budget amendment is to increase the city budget for the updated WCIA assessment. Department: Administrative Services Division: Finance Fund r 01 GENERAL Title: Adjustment for WCIA Insurance Increase Name: Preparer: Dave Turley Budget Amendment Type New Item For Council To Consider Please select when the budget was approved Date of approval How is this amendment funded? 100% Self Funded What is the nature of the expenditure? On -Going Is the Expenditure Operating or Capital? Operating Expenditure Increase (Decrease) Fill out on going costs & revenues Account Number Description 2023 2024 2025 2026 2027 001.000.39.518.90.46.00 WCIA Insurance Allocation $ 27,928 $ 27,928 $ 27,928 $ 27,928 $ 27,928 111.000.68.542.90.46.00 WCIA Insurance Allocation 5,645 5,645 5,645 5,645 5,645 421.000.74.534.80.46.00 WCIA Insurance Allocation 10,061 10,061 10,061 10,061 10,061 422.000.72.531.90.46.00 WCIA Insurance Allocation 1,414 1,414 1,414 1,414 1,414 423.000.75.535.80.46.00 WCIA Insurance Allocation 3,718 3,718 3,718 3,718 3,718 423.000.76.535.80.46.00 WCIA Insurance Allocation 12,381 12,381 12,381 12,381 12,381 511.000.77.548.68.46.00 WCIA Insurance Allocation 2,240 2,240 2,240 2,240 2,240 Total Expenditure Increase Decrease $ 63,387 $ 63,387 $ 63,387 $ 63,387 $ 63,387 Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 Total Revenue Increase Decrease $ - $ $ - $ - $ - Beginning Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.39.508.00.00.00 Ending Fund Balance $ 27,928 $ 27,928 $ 27,928 $ 27,928 $ 27,928 111.000.68.508.30.00.00 Ending Fund Balance 5,645 5,645 5,645 5,645 5,645 421.000.74.508.00.00.00 Ending Fund Balance 10,061 10,061 10,061 10,061 10,061 422.000.72.508.00.00.00 Ending Fund Balance 1,414 1,414 1,414 1,414 1,414 423.000.75.508.00.00.00 Ending Fund Balance 16,099 16,099 16,099 16,099 16,099 511.000.77.508.00.00.00 Ending Fund Balance 2,240 2,240 2,240 2,240 2,240 Total Ending Fund Balance Increase Decrease $ 63,387 $ 63,387 $ 63,387 $ 63,387 $ 63,387 12 Packet Pg. 181 8.5.b 2023 April Budget Amendment Budget Amendment for: April 18, 2023 Item Description: Full width grind and pavement overlay of 76th Ave from 196th St. SW(SR 524) to Olympic View Dr. This project also includes upgrading all non compliant ADA pedestrian curb ramps within the project limits. The east side of the street is within the City of Lynnwood and is included in the project. Construction work began in fall 2022 and was suspended for weather before the project was completed. The contractor will resume work in April 2023 to complete the paving work and pavement striping/markings. Department: Public Works Fund Name: MULTIPLE FUNDS Division: Engineering Title: 76th Ave Overlay (196th St SW to Olympic View Drive) Preparer: Ryan Hague Budget Amendment Type Previously Approved Budget By Council 1st Quarter Budget Amendment Date of Discussion or Budget Approval? Jul 26 2022 How is this amendment funded? Reimbursed by Grants or Outside Agencies What is the nature of the expenditure? One -Time Is the Expenditure Operating or Capital? Capital Expenditure Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 112.000.68.542.30.41.00 Professional Services -Roadway $ 88,585 $ $ $ $ 112.000.68.542.30.48.00 Repair & Maintenance -Roadway 1,139,535 112.000.68.542.33.41.67 Interfund Services -Roadway 54,615 126.000.68.542.30.41.00 Professional Services -Roadway 2,535 126.000.68.542.30.48.00 Repair & Maintenance -Overlays 27,540 126.000.68.542.30.41.67 Interfund Services -Roadway 1,625 125.000.68.542.30.41.00 Professional Services -Roadway 18,310 125.000.68.542.30.48.00 Repair & Maintenance Overlays 222,610 125.000.68.542.30.41.67 Interfund Services -Roadway 11,600 001.000.39.597.42.55.12 Interfund Transfer to Fund 112 31,460 Total Expenditure Increase Decrease $ 1,598,415 $ $ $ $ Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 112.000.334.03.800.05 STPUL-2511(005) $ 466,375 $ $ $ $ 112.000.337.10.000.00 Interlocal Grants 784,900 112.000.397.95.001.00 Interfund Transfer -In From 001 31,460 Total Revenue Increase Decrease $ 1,282,735 $ $ $ S Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 125.000.64.508.30.00.00 Ending Fund Balance $ 252,520 $ $ $ $ 126.000.64.508.30.00.00 Ending Fund Balance 31,700 001.000.39.508.00.00.00 Ending Fund Balance 31,460 Total Ending Fund Balance Increase Decrease $ 315,680 $ I S $ S 13 Packet Pg. 182 9.1 City Council Agenda Item Meeting Date: 04/25/2023 Award Construction Contract for the 2023 Utility Replacement Project Staff Lead: Mike DeLilla Department: Engineering Preparer: Emiko Rodarte Background/History On April 11, 2023, staff presented this item to the Parks and Public Works Committee. Staff Recommendation. Award construction contract to Shoreline Construction in the amount of $2,638,969.65 and authorize a management reserve of $395,845 for the 2023 Utility Replacement Project. Narrative This project is part of the City's program to replace and upgrade existing water lines and sewer lines at various locations around the City that are reaching the end of their useful service life, are undersized and unable to meet current requirements, or has some other existing system deficiency. This project is a combination of the annual water and sewer replacement projects, which usually are completed at different times of the year and are bid separately. This year's projects designs were completed at approximately the same time allowing them to be combined into one bid package. This will save staff considerable project management and administration time and costs, since instead of three contracts, there will only be one contract to administer. On March 16 and March 23, 2023 the project was advertised for construction bids. Construction bids were opened on April 6, 2023. The bids ranged from a low of $2,638,969.65 to a high of $3,859,802.86 (refer to attachment 3). The engineer's estimate was $2,852,346.35. Shoreline Construction submitted the low responsive bid of $2,638,969.65. A review of the low responsive bidder's record was completed and it was positive. Construction is expected to begin in June and be completed in the fall of 2023. The project costs are being funded by the water and sewer utility funds. Breakdown of values for the proposed construction budget are included in attachment 2. Attachments: Attachment 1 - Project Sites Map Attachment 2 - Budget Attachment 3 - Bid Results Attachment 4 - Presentation Packet Pg. 183 CITY i:IF EDMONDS 9.1.a 21:123 UTI ITY REPLACEMENT PROJECT rSt. IB9v SHEET INDEX WATER PLANS 1 CV-0 1 2 GN-01 3 EC-01 4 EC-O2 5 EC-O3 6 EC-O3 7 WA-01 B WA-O2 9 WA-03 10 WA-04 1 1 WA-05 12 WA-06 13 WA-O 7 14 SO-0 1 15 SE-01 16 DT-O 1 17 OT-O2 is OT-03 IS DT-O4 CITY OF EDMONDS PUBLIC WORKS DEPARTMENT COVER SHEET KEY MAP & ALIGNMENT PLAN, NOTES & LEGEND EXISTING CONDITIONS EXISTING CONDITIONS EXISTING CONDITIONS EXISTING CONDITIONS WATERLINE PLAN WATERLINE PLAN WATERLINE PLAN WATERLINE PLAN WATERLINE PLAN WATERLINE PLAN WATERLINE PLAN STORM DRAINAGE PLAN SANITARY SEWER PLAN EDMONDS STANDARD DETAILS EDMONDS STANDARD DETAILS EDMONDS STANDARD DETAILS EDMONDS STANDARD DETAILS 1 COVER SHEET 2 NOTES, LEGENDS, SHEET INDEX, 3 VICINITY MAP & SITE LOCATIONS 4 SITE 4 5 SITE B 6 SITE 14 & 15 7 TES C G RA VI TY SEWER PLANS 1 G-1 Z G-Z 3 G-3 4 G-4 5 C-1 6 C-2 7 C-3 B C-4 9 C-5 10 C-6 SYMBOLS & ABBREVIATIONS COVER, INDEX OF DRAWINGS, LOCATION AND VICINITY MAPS GENERAL AND TESC NOTES LEGEND, ABBREVIATIONS, AND DESIGNATIONS SURVEY KEY MAPS AND CONTROL DATA SCHEDULE C - MAPLE ET SANITARY SEWER PLAN AND PROFILE ETA 60+00 TO ETA 63+00 SCHEDULE C - MAPLE ST SANITARY SEWER PLAN AND PROFILE ETA 63+00 TO ETA 67+00 SCHEDULE D - ER 1 041 EDMONDS WAY SANITARY SEWER PLAN STANDARD DETAILS 1 OF 3 STANDARD DETAILS 2 OF 3 STANDARD DETAILS 3 OF 3 Packet Pg. 184 1 2023 Utility Replacement Project Proposed Construction Budget Description Amount Contract Award $2,638,969 Contract Award Management Reserve (15%) $395 845 Construction Management, Inspection & Testing (15%) $395,845 Total = $3,430,659 Construction Funding Funding Amount Water Fund $1,792,019 Sewer Fund $1,638,640 Total = $3,430,659 U A) 0 L a. c as E a� M a a) r D M N O N N t L O r V M L O U c O v 7 L r O U L 3 Q r a� a� m N C N E t V Q r C a) E t V R r a Packet Pg. 185 9.1.c CITY OF EDMONDS PROJECT NAME: 2023 Utility Replacement Project PROJECT No.: E22JA, E22GA, E6GB Bid Date: 04/06/2023 BIDDER NAME Total 1 Shoreline Const. $ 2,638,969.65 2 Rodarte Const. $ 216615789.19 3 Marshbank Const. $ 2,879,012.01 4 $ 257085421.46 Laser Underground 5 Colacurcio Brothers $ 3,859,802.86 S:\Capital\CAPITAL PROJECTS\Greg - 2023 Combined Utility Project\Construction\600 Bids & Contracts\620 Council Award\Bid Opening Tracking Sht 040623 S Packet Pg. 186 14k 0 D �Yo 114� 'j It C..� A-k `�Cr Inc. 1890 2023 Utility Replacement Project April 25, 2023 on u A�t" 4 9.1.d 01,6Imol avivis 1 C� 1 1 1 Packet Pg. 188 Proposed Construction Budget Proposed Budget Amount Ov Inc. I S90 Construction Funding Funding Source Amount Ov Inc. I S90 nF E,Df1n- Staff Recommendatio •Award Construction Contract to Shoreline Construction • Authorize a 15% Management Reserve of $395,845 9.2 City Council Agenda Item Meeting Date: 04/25/2023 Edmonds City Attorney Direction Decision - Contract or In -House? Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History On January 17, Council approved the City Attorney Assessment work plan which includes contacting cities to collect information on their City Attorney arrangements, costs, and practices. The results of our comparator city review were presented to Council on April 18, thus completing the data gathering portion for this effort. Recommendation Council needs to determine which type of municipal legal services to have provided for the city, either contracted legal services or in-house legal services. Narrative The past four months have brought us to this point when we decide if we want to maintain having our City Attorney services contracted with a qualified firm or to bring our City Attorney services in-house. These services are strictly for attending to the legal needs of the municipal corporation and don't include prosecution or public defender services. Per our subcommittee workplan, if the choice is to continue with contracted services, the subcommittee will propose a draft Request for Proposal/Request for Qualifications. If the decision is to bring these services in-house, the Administration will be asked to start the process of putting together a job description and ultimately publishing a job bulletin seeking applicants. As was mentioned at our last Council meeting, the subcommittee members will be voting on this matter in our roles as Councilmembers. If there is continued work creating the RFP/RFQ for contracted legal services, this work will be delegated at Council's direction. Attachments: City Attorney Comparator Data 4.19.2023 Packet Pg. 193 9.2.a IN-HOUSE ATTORNEY Pros • City can more easily anticipate costs associated with in-house attorneys, aside from the need to contract outside council for specialty matters. • City attorney(s) are city employee(s) and has more familiarity with city personnel and issues facing the city. • Hiring a city attorney is intended to be a long-term commitment, such that the city attorney hopefully will become a long-time employee and gain institutional knowledge. • Since no profit motive is ascribed to the city attorney(s), those individual(s) will presumably act with the city's best financial interests in mind. • City attorney(s) are generally accessible for in -person consultation and will maintain regular office hours. • As city employee(s), the city attorney(s) are positioned to gain public trust. • In-house counsel is focused only on city issues and is able to specifically tailor work product to the city's needs. • More sensitive to ongoing issues facing local community stakeholders since that individual regularly works in the city. • In-house counsel may be better able to respond to immediate needs of the city. • City attorney receives regular performance reviews. Cons • As a generalist, the city attorney(s) may not have knowledge of specialty areas of the law, requiring contracting of outside counsel to special legal needs. This can make it difficult to assess the net total city attorney costs (when in-house and the need for ad hoc contracting legal services are considered). As city employee(s), in house attorney(s) require full benefits packages, incur professional expenses related to the practice of law (including legal research engines, Continuing Legal Education credits, bar dues, professional association membership, etc.) and office support, which require a municipal budget that is able and willing to support those needs. A city attorney arrangement will likely require multiple attorneys (a single attorney would likely be unable to cover the workload), a paralegal and assistant to cover the range of legal issues facing a city. The in-house attorney(s) will report to the mayor, and that arrangement could compromise the independence of the city attorney(s) since the mayor —as the direct supervisor —may exert political pressure on the decisions of the city attorney(s). Potential conflicts of interest may necessitate hiring contracted legal help. Potential gaps in coverage should the counsel be ill or on vacation. Setting standards for the city attorney(s) for performance reviews may be difficult to assess for non -attorney reviewers. Packet Pg. 194 9.2.a CONTRACT ATTORNEY Pros Cons • No employee benefits to cover • Lack of cost predictability in the hourly (overheads are incorporated into the rate model, as opposed to the less contracted hourly rates). common flat -rate model. • Termination can usually be done with • Potential lack of accountability to city minimal notice and no monetary leadership. penalties. • Not an integral member of the city • Offers a third -party, impartial leadership team. perspective. • Performance evaluation process can be • Typically, a contracted city attorney firm cumbersome and vague (as opposed to a has expertise in specialty areas in direct reporting arrangement). addition to standard municipal legal • City may not have consistency in attorney areas —minimizing the need to seek coverage (e.g., when primary attorney is contracted help from additional firms. not available, a substitute may step in • Larger firm provides more staffing who is not as familiar with the current flexibility to cover illness/vacation. city issues) • Cities have more discretion to control • Contract renegotiations periodically, legal support costs —can "dial back" work either annually or every few years, based allocated to the contracted attorneys to on the term of the contract. reduce legal expenses, whereas in-house attorney costs are fixed. • No direct line of reporting to the administration, which can reduce potential for bias and the appearance of political interference in legal decisions. U c 0 .y m C c 0 :r m L 0 m c L O a r U c 0 E w M N O N CD 7 r R L O L CU Q E 0 U a� c L O Q U E M U 2 r Q Packet Pg. 195 9.2.a Contract Questions for Comparator Cities March 2023 Lynnwood Population (2022) 138740 Class Code Year of Incorporation 1959 City Attorney Services Contract Attorney Services Form of Government Mayor — Council QUESTIONS DIRECTED TO MAYORS/CITY MANAGERS Who is your current contracted city attorney? Lisa Marshall of Kenyon Disend Has your city experienced going from in-house In Ordinance 1, it's indicated that J. Gaylord Riach city attorney to contracted city attorney, and won the election for City Attorney, suggesting that can you offer us any insights about your they were in-house at the time, but in 1960, experience doing this? Ordinance 65 converted both the City Clerk and the City Attorney to appointed positions, at which point I assume they were contracted. Neither Michelle nor myself can find anything to suggest they were ever in-house after 1960. How long have you contracted with your current contracted city attorney? Would you be comfortable providing us a copy of the current contract with your city attorney? Does your city attorney handle civil as well as prosecution services? Does your city use additional legal resources? If so, for what purpose? (eg - municipal bonding?) What are the pros and cons of using a contracted city attorney and what would you change about your city attorney arrangement (if anything)? Is your city attorney readily available for consultation, either in -person or by phone? How does your city evaluate your city attorney? Is City Council involved in this process? Since March 14, 2022 It is public record and you can obtain from our website for that request with our Clerks office No, we contract a separate attorney's office for prosecution. Departments occasionally contract on the short term with other attorneys, to my knowledge. For instance, the 196th Project utilizes a third party attorney. The Board of Ethics also contracts with a separate attornev. No answer provided Yes. LMC 2.16.010 and 2.06.020 — 040 outlines this process, but effectively, Council confirms the City Attorney by resolution or motion, which may include interviews, review of document submissions, open questions, and a hearing before Council. They Mayor refers at least 3 candidates to Council for the confirmation process, but the resolution/motion referenced above may change the number of candidates to be referred by the Mayor based on justification acceptable to Council. After the above confirmation process, the Mayor appoints the attorney from the group of candidates referred to Packet Pg. 196 9.2.a Contract Questions for Comparator Cities March 2023 Council for a confirmation vote, and Councilmembers may contact the Mayor informally prior to the appointment to voice their opinions, but the Council cannot take action to direct the Mayor's appointment. QUESTIONS DIRECTED TO FINANCE DIRECTORS Please provide total city attorney expenses for 2021 - $288,630.56 2021 and 2022 as well as the corresponding 2022 - $73, 481.65 outgoing contract total hours billed for these expenses. $203,164.84 incoming contract (March) $276, 646.49 Total If you use additional contracted attorneys" for issues not handled directly by your city attorney, please provide total expenses for 2021 and 2022 by category (e.g., labor, telecommunications, etc) as well as the corresponding total hours billed by those some categories. "Some of these costs will be difficult to capture -for instance -using an outside attorney for HR investigations. I believe most cities use outside counsel for putting together bonding packages. The goal of asking this question of the Finance Directors is to learn about other legal service costs that need to be considered. Packet Pg. 197 9.2.a Contract Questions for Comparator Cities March 2023 Lake Stevens Population (2022) 40700 Class Code Year of Incorporation 1960 City Attorney Services Contract Attorney Services Form of Government Mayor - Council QUESTIONS DIRECTED TO MAYORS/CITY MANAGERS Who is your current contracted city attorney? Ogden Murphy Wallace, Greg Rubstello, he is exceptional. Has your city experienced going from in-house I've done lots of work on this but ultimately stayed city attorney to contracted city attorney, and contract. In house attorney is convenient but you can you offer us any insights about your need to have space, budget, staff and a library. I experience doing this? believe the library can be online but still requires some books. In addition, it's challenging to find an attorney who can handle everything, which is also the advantage of a large firm such as OMW. They have specialists in most fields. How long have you contracted with your I believe 5 or 6yrs but 7yrs when I was the City of current contracted city attorney? Monroe Administrator prior to Lake Stevens. Zach Lell is Monroe's Attorney through OMW, also exceptional. Would you be comfortable providing us a copy Absolutely, I've copied our Deputy Clerk who will of the current contract with your city attorney? provide that for you. Does your city attorney handle civil as well as Lake Stevens contracts with the Marysville Court, we prosecution services? have separate contracts for prosecution and public defender. Deputy Clerk will include those contracts. Does your city use additional legal resources? Yes, for employment law we use Summit Law Group If so, for what purpose? (eg - municipal and bonding goes through another firm who bonding?) specializes in bonds, don't recall their name but happy to provide it it's of interest. This being said, our city attorney is still involved and briefed on cases. What are the pros and cons of using a I've had outstanding experience with OMG over the contracted city attorney and what would you years. I know all the Partners and their amazing and change about your city attorney arrangement always responsive. Because OMW is so large, (if anything)? they're able to delegate work to other attorneys within the firm or areas of expertise. In addition, we have a good idea every year what legal fees are going to be and it's fairly predictable. When I got to Lake Stevens, they used a smaller firm and it was challenging. We had a tremendous amount of legal work and It was clear we outgrew the smaller firm. We then issued a RFP and ultimately chose OMW. Gloria, City of Marysville CAO is a great resource for inhouse attorney. U c 0 .y U m 0 c 0 m L_ E m c L 0 -W W a U c 0 E w M N 0 N ai 0 L O L a E 0 U a) c 0 Q U a� E z U 2 r Q Packet Pg. 198 9.2.a Contract Questions for Comparator Cities March 2023 Is your city attorney readily available for Yes both, we meetings online as well as in person consultation, either in -person or by phone? and our attorney is available either way. When it comes to responsive to work, the response is excellent. How does your city evaluate your city We don't have a formal process but I as City attorney? Is City Council involved in this Administrator keep track of the billing and work process? performed. We've had no issues but If something needs special attention, I will communicate directly with the City Attorney. QUESTIONS DIRECTED TO FINANCE DIRECTORS Please provide total city attorney expenses for 2021 and 2022 as well as the corresponding total hours billed for these expenses. If you use additional contracted attorneys" for issues not handled directly by your city attorney, please provide total expenses for 2021 and 2022 by category (e.g., labor, telecommunications, etc) as well as the corresponding total hours billed by those some categories. "Some of these costs will be difficult to capture -for instance -using an outside attorney for HR investigations. I believe most cities use outside counsel for putting together bonding packages. The goal of asking this question of the Finance Directors is to learn about other legal service costs that need to be considered. Packet Pg. 199 9.2.a Contract Questions for Comparator Cities March 2023 Issaquah Population (2022) 40950 Class Code Year of Incorporation 1892 City Attorney Services Contract Attorney Services Form of Government Mayor - Council QUESTIONS DIRECTED TO MAYORS/CITY MANAGERS Who is your current Madrona Law Group - Rachel Bender Turpin serves as Issaquah's contracted city attorney? designated City Attorney; Ann Marie Soto serves as Issaquah's Deputy City Attorney who specializes in land use. Ann Marie directly supports our Community Planning & Development Department. The law firm has additional legal staff that supports us as well. Has your city experienced No. Issaquah has contracted its legal services for many decades. going from in-house city attorney to contracted city attorney, and can you offer us any insights about your experience doing this? How long have you The contract for city attorney services w/Madrona Law Group became contracted with your effective Nov. 1, 2021; and the appointment of Ms. Turpin as our City current contracted city Attorney became effective Jan. 1, 2022. Issaquah desired as smooth as attorney? possible transition and approved overlapping contracts. See related agenda bills: AB 8241 and AB 8298. Would you be The executed contract is attached as well as an amendment providing comfortable providing us 2023 fee structure. a copy of the current contract with your city attorney? Does your city attorney Prosecution services are contracted w/Lynn Moberly. See attached. handle civil as well as prosecution services? Does your city use Yes. For variety of purposes, such as municipal bonding, select litigation additional legal and personnel issues, public defenders, conflict attorneys. resources? If so, for what purpose? (eg - municipal bonding?) What are the pros and Nothing to add. We are very satisfied with the professional relationship cons of using a and services provided contracted city attorney and what would you change about your city attorney arrangement (if anything)? U c 0 y U m C c 0 m L_ E m c L 0 a U c 0 E w M N 0 N ai 0 L 0 c� ca a E 0 U aD c 0 Q U a� E z U 2 r Q Packet Pg. 200 9.2.a Contract Questions for Comparator Cities March 2023 Is your city attorney Our contracted attorney is an extension of staff and an essential part of readily available for our Senior Leadership Team. The City Attorney regularly attends staff consultation, either in- meetings, retreats, city wide trainings, social functions, and council person or by phone? meetings, and is readily available by email, phone, virtually and in -person. How does your city Regular check -ins occur, and annual evaluation includes Mayor and City evaluate your city Administrator. Input from department directors, councilmembers and attorney? Is City Council others is always welcome. involved in this process? QUESTIONS DIRECTED TO FINANCE DIRECTORS Please provide total city Ogden Murphy & Wallace attorney expenses for $139,937.59 Re: 2022 offboarding legal services 2021 and 2022 as well as $876,769.45 Re: 2021 city attorney services the corresponding total hours billed for these Madrona Law Group expenses. $698,774.86 Re: 2022 city attorney services $ 27,838.50 Re: 2021 onboarding legal services If you use additional We are unable to easily assemble the information you are requesting. contracted attorneys" Overall legal services budgeted is approximately $2M annually. Some for issues not handled additional legal services may be funded out of professional services which directly by your city is not reflected below. attorney, please provide total expenses for 2021 Al and 2022 by category Legal Services 1,957,400 1,957,400 2,016,122 (e.g., labor, telecommunications, etc) Lastly, I am including additional information. Our Sept. 2021 RFP for city as well as the attorney services and questions answered at that time are attached. corresponding total hours billed by those some categories. "Some of these costs will be difficult to capture -for instance -using an outside attorney for HR investigations. I believe most cities use outside counsel for putting together bonding packages. The goal of asking this question of the Finance Directors is to learn about other legal service costs that need to be considered. Packet Pg. 201 In House Questions for Comparator Cities March 2023 9.2.a Puyallup Population (2022) 43,260 Class Code Year of Incorporation 1890 City Attorney Services In House Attorney Services Form of Government Council - Manager QUESTIONS DIRECTED TO MAYORS/CITY MANAGERS How long have you used the current city Since 2016 attorney? Has your city experienced going from No, however at some point many years ago prosecution was contracted city attorney to in-house city contracted out. attorney, and would you offer us any insights about your experience doing this? Does your city attorney handle civil as well as Yes prosecution services? How many attorneys are in your city attorney 5 organization? How many support personnel (paralegal, 5 assistants, etc) are in your city attorney office? What is your experience (and level of City Attorney regularly contracts with and manages outside legal satisfaction) with your city attorney managing counsel to deal with specialized legal issues. any contracted attorneys you have had to bring in to handle specific matters? Does your city use additional legal resources? Yes, tort matters, municipal bonding, telecom/cable franchise. If so, for what purpose? (eg - municipal Infrequently for contracting, zoning, public records for workload bonding?) management. What are the benefits and constraints of using No answer provided. an in-house city attorney and what would you change about your city attorney arrangement (if anything)? Is your city attorney readily available for Yes consultation, either in -person or by phone? How does your city evaluate your city Reports to and is evaluated by City Manager, Council feedback attorney? Is City Council involved in this provided through City Manager process? Do you have your own police department, or Yes, Puyallup Police department, including a city jail do you contract with another agency? QUESTIONS DIRECTED TO FINANCE DIRECTORS What were your total city attorney expenses 2021 - $1,619,220 for 2021 and 2022? 2022 - $1,805,188 If you use additional contracted attorneys" ? please provide total expenses for 2021 and 2022 by category (e.g., labor, telecommunications, etc) as well as the corresponding total hours billed by those some categories. "Some of these costs will be difficult to capture -for instance -using an outside attorney for HR investigations. I believe most cities use outside counsel for putting together bonding packages. The goal of asking this question of the Finance Directors is to learn about other legal service costs that need to be considered. Packet Pg. 202 In House Questions for Comparator Cities March 2023 9.2.a Bremerton Population (2022) 45,220 Class 1' Class city Year of Incorporation 1901 City Attorney Services In House Attorney Services Form of Government Mayor - Council QUESTIONS DIRECTED TO MAYORS/CITY MANAGERS How long have you used the current city 1 '2 years — Previous in house attorney was with us for 19 years attorney? Has your city experienced going from N/A contracted city attorney to in-house city attorney, and would you offer us any insights about your experience doing this? Does your city attorney handle civil as well as Yes prosecution services? How many attorneys are in your city attorney Prosecution — 2 organization? Civil — 3 (includes City Attorney) How many support personnel (paralegal, Civil —1.5 assistants, etc) are in your city attorney office? Prosecution 2.5 What is your experience (and level of satisfaction) with your city attorney managing any contracted attorneys you have had to bring in to handle specific matters? Does your city use additional legal resources? Labor Relations and Union Negotiations, HR Investigations If so, for what purpose? (eg - municipal bonding?) What are the benefits and constraints of using An in house City Attorney is part of the executive team and works an in-house city attorney and what would you closely with their peers and their goals and objectives more are change about your city attorney arrangement aligned with the City's. (if anything)? Is your city attorney readily available for Yes consultation, either in -person or by phone? How does your city evaluate your city Annual Performance Evaluations. City Council is not involved in this attorney? Is City Council involved in this process process? Do you have your own police department, or Yes, we have our own police department and Fire Department. do you contract with another agency? QUESTIONS DIRECTED TO FINANCE DIRECTORS What were your total city attorney expenses 2021 Salary and Benefits - $766,858 for 2021 and 2022? 2022 Salary and Benefits - $861,085 If you use additional contracted attorneys"' 2021 General Attorney Services Interim - $6,800 please provide total expenses for 2021 and 2021 General Support Prosecution/Litigation - $17,400 2022 by category (e.g., labor, 2021 Labor Relations - $46,600 telecommunications, etc) as well as the 2022 General Support Prosecution/Litigation - $11,000 corresponding total hours billed by those some 2022 Labor Relations - $15,102 categories. "Some of these costs will be difficult to capture -for instance -using an outside attorney for HR investigations. I believe most cities use outside counsel for putting together bonding packages. The goal of asking this question of the Finance Directors is to learn about other legal service costs that need to be considered. Packet Pg. 203 In House Questions for Comparator Cities March 2023 9.2.a Bothell Population (2022) 48,940 Class Code city Year of Incorporation 1909 City Attorney Services In House Attorney Services Form of Government Council - Manager QUESTIONS DIRECTED TO MAYORS/CITY MANAGERS How long have you used the current city Since May 16, 2016 attorney? Has your city experienced going from Yes, we moved from contracted city attorney to in-house in 2001. contracted city attorney to in-house city attorney, and would you offer us any insights about your experience doing this? Does your city attorney handle civil as well as Yes prosecution services? How many attorneys are in your city attorney 4 organization? How many support personnel (paralegal, 4 assistants, etc) are in your city attorney office? What is your experience (and level of We are satisfied with our in-house representation and our use of satisfaction) with your city attorney managing outside counsel. Our insurance pool provides representation for any contracted attorneys you have had to coverage matters. bring in to handle specific matters? Does your city use additional legal resources? Civil prosecution, civil defense, complex litigation, specialty advice If so, for what purpose? (eg - municipal bonding?) What are the benefits and constraints of using No real input at this time. We have not done a recent cost -benefit an in-house city attorney and what would you study or staffing analysis and we have new city leadership currently change about your city attorney arrangement evaluating all programs. (if anything)? Is your city attorney readily available for Yes! consultation, either in -person or by phone? How does your city evaluate your city The City Manager evaluates the City Attorney. The City Manager attorney? Is City Council involved in this always considers input from the council, but an evaluation is an process? administrative responsibility of the City Manager, not the City Council. Do you have your own police department, or In-house police and dispatch services, Municipal Court do you contract with another agency? QUESTIONS DIRECTED TO FINANCE DIRECTORS What were your total city attorney expenses 2021-2022 Budget = $2,595,989 for 2021 and 2022? If you use additional contracted attorneys", 2021-2022 Contracted Attorney Budget = $500,000 please provide total expenses for 2021 and 2022 by category (e.g., labor, telecommunications, etc) as well as the corresponding total hours billed by those some categories. "Some of these costs will be difficult to capture -for instance -using an outside attorney for HR investigations. I believe most cities use outside counsel for putting together bonding packages. The goal of asking this question of the Finance Directors is to learn about other legal service costs that need to be considered. Packet Pg. 204 In House Questions for Comparator Cities March 2023 9.2.a Burien Population (2022) 52,490 Class Non -charter code city Year of Incorporation 1993 City Attorney Services In -House Attorney Services Form of Government Council/Manager QUESTIONS DIRECTED TO MAYORS/CITY MANAGERS How long have you used the current city Three years at the end of this month. attorney? Has your city experienced going from Yes. Burien has an in-house City Attorney. Formerly, Burien had a contracted city attorney to in-house city contract attorney providing those services. attorney, and would you offer us any insights about your experience doing this? Does your city attorney handle civil as well as The City Attorney handles all noncriminal matters for the City of Burien. prosecution services? He manages the prosecution, defense, court, and related contracts. How many attorneys are in your city attorney Currently, one. We have hired an attorney to join our legal team. organization? How many support personnel (paralegal, We have one paralegal and no other support staff. assistants, etc) are in your city attorney office? What is your experience (and level of We have been successful in all our litigation and have been under satisfaction) with your city attorney managing budget as well. We are satisfied with our in-house representation and any contracted attorneys you have had to bring our use of outside counsel. Our insurance pool provides representation in to handle specific matters? for coverage matters. Does your city use additional legal resources? If Yes, we have used bond counsel and on occasion have consulted with so, for what purpose? (e.g.,-municipal outside counsel. The City Attorney has managed those matters for bonding?) Burien. The bond counsel worked closely with Finance. What are the benefits and constraints of using So for, no constraints or things to change. Since there is no profit an in-house city attorney and what would you motive, everything is done with Burien's best interests in mind. There change about your city attorney arrangement is nothing that needs to change other than adding more support. (if anything)? Is your city attorney readily available for Of course. consultation, either in -person or by phone? How does your city evaluate your city The City Manager evaluates the City Attorney. The City Manager attorney? Is City Council involved in this always considers input from the council, but an evaluation is an process? administrative responsibility of the City Manager, not the City Council. Do you have your own police department, or do Burien contracts with the King County Sheriff's Office. you contract with another agency? QUESTIONS DIRECTED TO FINANCE DIRECTORS What were your total city attorney expenses for Total department costs: 2021 and 2022? 2021- $1,430,244.60, 2022- $1,461,606.95 If you use additional contracted attorneys"' Service 2021 2022 please provide total expenses for 2021 and Prosecutor $219,996.00 $219,996.00 2022 by category (e.g., labor, Public Defense $232,425.00 $238,777.00 telecommunications, etc) as well as the Contract Counsel $204,278.42 $100,249.46 corresponding total hours billed by those some categories. "Some of these costs will be difficult to capture -for instance -using an outside attorney for HR investigations. I believe most cities use outside counsel for putting together bonding packages. The goal of asking this question of the Finance Directors is to learn about other legal service costs that need to be considered. Packet Pg. 205 In House Questions for Comparator Cities March 2023 9.2.a Shoreline Population (2022) 60,320 Class Code Year of Incorporation 1995 City Attorney Services In House Attorney Services Form of Government Council -Manager QUESTIONS DIRECTED TO MAYORS/CITY MANAGERS How long have you used the current city 9 years attorney? Has your city experienced going from Shoreline has had in-house city attorneys for as long as 1 can contracted city attorney to in-house city remember attorney, and would you offer us any insights about your experience doing this? Does your city attorney handle civil as well as City attorney handles civil matters, prosecution services are prosecution services? contracted How many attorneys are in your city attorney Two organization? How many support personnel (paralegal, One assistants, etc) are in your city attorney office? What is your experience (and level of Our city attorney is excellent in handling civil issues as well as satisfaction) with your city attorney managing managing contracted attorneys any contracted attorneys you have had to bring in to handle specific matters? Does your city use additional legal resources? Yes, for bond counsel, hazardous/toxic clean up, certain If so, for what purpose? (eg - municipal condemnations, support for certain litigation, etc. bonding?) What are the benefits and constraints of using Benefits: Attorney is part of the process and can provide insight at all an in-house city attorney and what would you levels of governance to identify issues, improve outcomes, provide change about your city attorney arrangement input on policies and legislation. For the level of service we need it is (if anything)? less expensive to have this level of service in-house. Is your city attorney readily available for Yes. consultation, either in -person or by phone? How does your city evaluate your city The city manager does the evaluation. There is no Council review of attorney? Is City Council involved in this the city attorney. process? Do you have your own police department, or We contract with King County for this service. do you contract with another agency? Packet Pg. 206 In House Questions for Comparator Cities March 2023 "Some of these costs will be difficult to capture -for instance -using an outside attorney for HR investigations. I believe most cities use outside counsel for putting together bonding packages. The goal of asking this question of the Finance Directors is to learn about other legal service costs that need to be considered. Packet Pg. 207 9.2.a Contract Questions for Comparator Cities March 2023 Mukilteo Population (2022) 21,590 Class Code Year of Incorporation 1947 City Attorney Services Contract Attorney Services Form of Government Mayor/Council with city administrator QUESTIONS DIRECTED TO MAYORS/CITY MANAGERS Who is your current contracted city attorney? Ogden, Murphy, Wallace (OMW) Has your city experienced going from in-house Not recently. Have been with OMW since at least city attorney to contracted city attorney, and 1988 can you offer us any insights about your experience doing this? How long have you contracted with your Since 1988 current contracted city attorney? Would you be comfortable providing us a copy Yes. Copy provided of the current contract with your city attorney? Does your city attorney handle civil as well as No. Zachor/Thomas is contracted for prosecution prosecution services? services Does your city use additional legal resources? Yes. Summit Law Group is contracted for labor - If so, for what purpose? (eg - municipal related work (grievances, collective bargaining, etc) bonding?) What are the pros and cons of using a OMW has in-house specialists to cover a wide range contracted city attorney and what would you of legal issues, which negates the need for Mukilteo change about your city attorney arrangement to bring in additional contracted legal help. No (if anything)? complaints about the OMW relationship/no changes Is your city attorney readily available for Yes consultation, either in -person or by phone? How does your city evaluate your city No formal evaluation process currently exists for attorney? Is City Council involved in this OMW's services to Mukilteo process? QUESTIONS DIRECTED TO FINANCE DIRECTORS Please provide total city attorney expenses for Hours Total expense 2021 and 2022 as well as the corresponding 2021 274 $88,497 total hours billed for these expenses. 2022 253 107,361 If you use additional contracted attorneys" Prosecutor (Zachor/Thomas) for issues not handled directly by your city Total expense attorney, please provide total expenses for 2021 $105,000 2021 and 2022 by category (e.g., labor, 2022 109,650 telecommunications, etc) as well as the corresponding total hours billed by those some Public Defender categories. Total expense 2021 $123,042 2022 125,858 "Some of these costs will be difficult to capture -for instance -using an outside attorney for HR investigations. I believe most cities use outside counsel for putting together bonding packages. The goal of asking this question of the Finance Directors is to learn about other legal service costs that need to be considered. Packet Pg. 208 9.2.a COMPARATOR CITIES: 2022 LEGAL INVESMENT SUMMARY Total Legal Budget City Attorney Provider(s)2 (2022)1 Services Billed or Salaried (2022) Lynnwood $2,751,400.00 $276,646.49 Kenyon Disend Lake Stevens $791,692.74 $451,476.24 Ogden Murphy Wallace $698,774.86 Issaquah $1,957,400.00 Madrona Law Group In -House. Puyallup $1,805,188.00 $1,531,318.00 (5 Attorneys, 4 Additional FTE.) Bremerton $887,187.00 $861,085.00 In -House. (3 Attorneys.) $3,095,989.00 In -House. Bothell (Including prosecution and N/A (2 Attorneys, additional contracted legal services.) 1 Additional FTE.) $1,461,606.95 In -House Burien (Including prosecution. See N/A (1 Attorney, summary sheet for breakdown.) 1 Additional FTE.) Shoreline $725,010.00 $532,810.00 In -House. $342,868.83 Ogden Murphy Mukilteo (Including prosecution and $107,361.00 Wallace defense.) Edmonds $1,350,952 $570,031 Lighthouse 1 Excluding criminal law services (prosecution and defense) unless otherwise noted. z Excluding prosecutors and defenders unless otherwise noted. Packet Pg. 209 9.2.a CONTRACTED CITY ATTORNEY: 2023 HOURLY RATE COMPARISONS! Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Provider(s) Edmonds $336.00/hr $253.00/hr N/A N/A N/A Lighthouse Lynnwood $370.00/hr $310.00/hr $250.00/hr $235.00/hr $195.00/hr Kenyon Disend Lake Ogden $275.00/hr $210.00/hr N/A N/A N/A Murphy Stevens Wallace $270.00/hr N/A N/A N/A Madrona Issaquah $320.00/hr Law Group Ogden Mukilteo $309.00/hr $262.00/hr N/A N/A N/A Murphy Wallace 'Tier 1 rates reflect rates charged by lead attorneys, with rates for junior attorneys shown in the subsequent tiers. Packet Pg. 210