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2023-07-25 City Council PacketOp E D o Agenda Edmonds City Council tnl. }nyo REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 J U LY 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. APPROVAL OF THE AGENDA 5. 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. 6. RECEIVED FOR FILING Edmonds City Council Agenda July 25, 2023 Page 1 1. Claim for Damages for filing (0 min) 2. Surplus Assets (0 min) 3. May 2023 Monthly Financial Report (0 min) 4. Written Public Comments (0 min) 5. Outside Boards and Committee Reports (0 min) 7. APPROVAL OF THE CONSENT AGENDA 1. Approval of Regular Meeting Minutes July 18, 2023 2. Approval of payroll and benefit checks, direct deposit and wire payments. 3. Approval of claim checks and wire payment. 4. Approval of Minor Code Amendment Package #2 (AMD2023-0005) 5. Approval of Supplemental Agreement with Transpo for SR-104 Adaptive System from 236th St. SW to 226th St. SW Project 6. Resolution Regarding 2024 Budget Priorities 7. Approval of ordinance amending Section 8.16.040 from Edmonds City Code (ECC), amending the speed limit along Highway 99 from 244th St. SW to 210th St. SW. 8. COUNCIL BUSINESS 1. 2023 July Budget Amendment Ordinance (30 min) 2. Resolution for Annexation into RFA (10 min) 3. Project Update: Tree Code Amendments (20 min) 9. MAYOR'S COMMENTS 10. COUNCIL COMMENTS ADJOURN Edmonds City Council Agenda July 25, 2023 Page 2 6.1 City Council Agenda Item Meeting Date: 07/25/2023 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 Bryan Gregory 76th Ave W ($701.28) Attachments: Claim for Damages - Gregory - for council Packet Pg. 3 6.1.a CITY OF EDMONDS CLAIM FOR DAMAGES FORM Date Claim Form Received by City Please take note that R ru A it c a 4 who currently resides at `I ailing address home phone # 1 _ _ work phone # and who resided at Z at the time of the occurrence and whose date of birth is ' __r, is claiming damages against in the sum of $ C% . 2 arising out of the following circumstances listed below. DATE OF OCCURRENCE: TIME: 1211, LOCATION OF OCCURRENCE: �I fo A-vt, ire) DESCRIPTION: 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. (attach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. 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? If so, please provide the name of the insurance company: and the policy #: License Plat( Type Auto: ' DRIVER: Address: Phone#: Passengers Name: Address: Yes )<' No * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY * * E V Form Revised 04/09/2021 Page 1 of 2 Packet Pg. 4 6.1.a This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signature of Claimant Date and place (residential address, city and county) Or Signature of Representative Date and place (residential address, city and county) Print Name of Representative Bar Number (if applicable) Please present the completed claim form to: Form Revised 04/09/2021 City Clerk's Office City of Edmonds 121 5th Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. E .2 v E V a rw y. Page 2 of 2 Packet Pg. 5 6.2 City Council Agenda Item Meeting Date: 07/25/2023 Surplus Assets Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History The city periodically disposes of surplus assets as part of its normal course of business. Council notification is required; attached is a list of assets that were surplused in June. Staff Recommendation Notification only. Narrative Attachments: Surplus_Parks_Murphy's Auction small equipment Packet Pg. 6 Consignor Settlement v9_ 6.2.a James G. Murphy Co. kLl i-A PO sox 1127 hiarywille, WA 98270 Toll Free - 1.800.426.3008 murphyauctionixom Consignor: 9121 Jesse Curran City Of Edmonds 700 Main Street Edmonds, WA 98020 Phone:425-789-8933 Auction: MARYSVILLE TOOLS & EQUIPMENT - ONLINE AUCTION Lot# Lead Date Transaction Description CO #: 14754 Date: 6/29/2023 Page: 1 M� PT Amount a L 1135 KUBOTA RC60-72H 6/16/2023 Invoice Sale Price 335.0( 5' PTO DRIVEN MOWER DECK ATTACHMENT - _ - 1154 ------------------------------------------------ HOWARD ROTAVATOR HA 6/16/2023 Invoice Sale Price - --- - 770. 0( E 4' 3 PT PTO DRIVEN ROTARY TILLER Q- ATTACHMENT ______- -_ a --- - 1215 ------ SEATTLE PUMP & EQUIPMENT CO 6/16/2023 _. _ Invoice Sale Price 220.0( PORTABLE PRESSURE WASHER W113 HP E HONDA GX390 GAS ENGINE (NO HOSE OR = WAND)-------------------------------------------------------------------------------------- -----------1217 LANDA WATER JET 6/19/2023 Invoice Sale Price 260.0t Q WALK BEHIND PRESSURE WASHER w SURFACE CLEANER �' ------------------------------- 1218 LITTLE WONDER 9008PI/C 6/16/2023 Invoice Sale Price 976.01 3 WALK BEHIND BLOWER Wl8 HP BRIGGS & I STRATTON GAS ENGINE - ------ -- ----- ------ --- L 1219 - - MULTIQUIP MOD206N - - 6/16/2023 ----- ----- Invoice Sale Price 80.0' a PORTABLE 2" DIAPHRAGM PUMP W/HONDA 3 GX120 GAS ENGINE _ _ _ _ a 1562 GOODYEAR SOFTRAC 6/16/2023 Invoice Sale Price 50.0 Cn 31 X13.5-15 MOUNTED EQUIPMENT TIRE _ _ _ _ _ _ . _ _ _ _ _ 1655 73"W IRON PARK BENCH 6/16/2023 _ Invoice Sale Price _ _ _ _ _ _ _ _ _ _ _ _ 85_ 0.0 _ _ _ � _ 1656 73"W IRON PARK BENCH 6/16/2023 Invoice Sale Price --------877.1 ---------------------------- 1657 7311W IRON PARK BENCH 611612023 Invoice Sale Price -51 .- ------ 1658 73"W IRON PARK BENCH 6/16/2023 Invoice Sale Price 905.0 1659 73"W IRON PARK BENCH 6/20/2023 Invoice Sale Price 810.0 _ _ _ 1660 _ _ _ 73"W IRON PARK_ BEN_ CH _ 6/20/2023 Invoice Sale Price - - -- - - - - - - - - - -- - _ - - - - - - - _710 i0 1691 BILLY GOAT 6/16/2023 _ Invoice Sale Price 275.0 WALK -BEHIND VACUUM W/BRIGGS & STRATTON 6 HP GAS ENGINE ----.---_- _ 1698 SMITHCO 3325 6/16/2023 Invoice Sale Price 20.0 TOW BEHIND SPRAYER W/BRIGGS & STRATTON3HPGASENGINE -___---____--___- ---_----- -------------------------------- 1750 ------------------ LOT, (2) HOFFMAN 1 X 3' X 5 ELECTRICAL 6/19/2023 Invoice Sale Price 80. C ENCLOSURE CABINETS _ _ _ - - _ _ - .. _ _ _ - - - - - 2026 WILTON 3410 6I16I2023 Invoice Sale Price 535.00 7" X 12" HORIZONTAWERTICAL BANDSAW, Packet Pg. 7 Consignor Settlement V9. 6.2.a James G. Murphy CO. PO BOX 1127 Marys--ille, WA 98270 Toll Free - I S00.426.3008 murphyauction.coin Lot# Lead SERIAL NUMBER: 05059379 Date Transaction Description CO #: 14754 Date: 6/29/2023 Page: 2 Amount ----------- - - - ------ --- I-------------. ------------------ - - - - -- 2132 PORTER CABLE 6/16/2023 Invoice Sale Price 80.00 6-GAL 150 PSI AIR COMPRESSOR, 120V 2357 KOMATSU REDMAX CHTZ2400 6/16/2023 Invoice Sale Price 60.0 GAS POWERED HEDGE TRIMMER y 2358 KOMATSU REDMAX CHTZ2300 6/16/2023 Invoice Sale Price 40.00 GAS POWERED HEDGE TRIMMER Q. 2359 _ _ _ _ MANTIS - _ - _ _ _ _ _ _ _ _ _ 6/16/2023 _ _ _ _ _ _ _ _ _ _ __ _ _ Invoice Sale Price _ _ _ _ _ _ _ _ _ - - _ _ _ _ _ _ _ _ _ _ _ _ - . - . L 90.0C GAS POWERED TILLER ------ 2360 ------------------------ MANTIS 6/16/2023 Invoice Sale Price --------------- 90.0( m GAS POWERED TILLER c_. -------------------- ---------- 2379 ------------------------------------------------ LOT, ASSORTED CONTRACTORS TOOLS ON 6/16/2023 Invoice Sale Price -7 40.0C a THIS PALLET 2383 REDMAX EBZ7100 6/16/2023 Invoice Sale Price 135.0( GAS POWERED BACKPACK BLOWER U) 2384 ------------ REDMAX EBZ7100 ----- 6/16/2023 Invoice Sale Price ----------- c 135.0( GAS POWERED BACKPACK BLOWER -- ----- 2385 REDMAX EBZ7100 ----------------- 6/16/2023 Invoice Sale Price ----- - --_ 90.0( GAS POWERED BACKPACK BLOWER - - = ----------- 2386 -------------------------------- ECHO 6/16/2023 Invoice Sale Price - ----- - --- - CL 40.0( GAS POWERED EDGER/TRIMMER ---------- ECHO 6/16/2023 Invoice Sale Price 50.0( GAS POWERED ST_ R_ I_N_G TRIMMER 2388 ECHO 6/16/2023 Invoice Sale Price GAS POWERED STRING TRIMMER 2389 ------------ ECHO 6/16/2023 Invoice Sale Price GAS POWERED STRING TRIMMER ------------ 2390 ----------------------------------------- REDMAX CZ25N 6/16/2023 Invoice Sale Price GAS POWERED STRING TRIMMER 2461 LOT, ASSORTED CONTRACTORS TOOLS ON 6/16/2023 Invoice Sale Price THIS PALLET ----------------- 50.0( ----- 20.0( -- - - - - ---- - --- - - ------------------ Total Quantity: Total Invoice Sale Price: Total Commission: Total Due to Consignor: Total Payments: 32.0 9,403.0 ( 1,880.60 7,522.4 0.0 Balance: $7, 522.4 Positive Balance, Monies Owed to Consign( No inventory remains for this consignment ord( Packet Pg. 8 6.3 City Council Agenda Item Meeting Date: 07/2S/2023 May 2023 Monthly Financial Report Staff Lead: Dave Turley Department: Administrative Services Preparer: Sarah Mager Background/History N/A Staff Recommendation Receive for Filing Narrative May 2023 Monthly Financial Report Attachments: May 2023 Monthly Financial Report Packet Pg. 9 I 6.3.a I OF EDP � d 1)7 C. 1 $9v CITY OF EDMONDS MONTHLY BUDGETARY FINANCIAL REPORT MAY 2023 Packet Pg. 10 1 I 6.3.a I INVESTMENT PORTFOLIO SUMMARY City of Edmonds Investment Portfolio Detail As of May 31, 2023 Years Agency/ Investment Purchase to Par Market Maturity Coupon Issuer Type Rice Maturity Value Value Date Rate FHLB Kent WA First Financial - ECA First Financial - Waterfront Center FHLB FHLB FM FNMA FHLB Spokane County WA FHLMC Farmer Mac FHLB US Treasury Note Farmer Mac Bonds 1,996,590 0.35 2,000,000 1,963,631 10/05/23 0.22% Bonds 286,648 0.50 250,000 251,978 12/01/23 5.00% CD 2,803,516 0.58 2,803,516 2,803,516 12/28/23 2.08% CD 245,000 0.58 245,000 245,000 12/28/23 1.49% Bonds 2,004,464 0.63 2,000,000 1,993,829 01/16/24 4.81% Bonds 954,866 0.86 1,000,000 956,184 04/10/24 0.35% Bonds 996,082 1.05 1,000,000 975,285 06/17/24 2.80% Bonds 992,693 1.09 1,000,000 965,089 07/02/24 1.75% Bonds 950,774 1.47 1,000,000 940,406 11/18/24 0.90% Bonds 207,260 1.51 200,000 191,252 12/01/24 2.10% Bonds 974,798 1.79 1,000,000 979,782 03/13/25 3.75% Bonds 1,995,088 1.88 2,000,000 1,982,954 04/17/25 4.25% Bonds 969,524 2.16 1,000,000 977,376 07/28/25 3.60% Note 964,597 2.21 1,000,000 973,164 08/15/25 3.13% Bonds 1,994,172 2.68 2,000,000 1,976,320 02/02/26 3.95% TOTAL SECURITIES 18,336,072 1.29 18,498,516 18,175,765 Washington State Local Gov't Investment Pool Snohomish County Local Gov't Investment Pool TOTAL PORTFOLIO Kent WA, Issuer Diversification 1% FHLMC, 5%_ First Financial Spokane Farmer CD, 16% County Mac, 22% WA, 1% FHLB, 38% 20,377,628 20,377,628 Demand 5.16% 33,498,794 33,498,794 Demand 2.77% $ 72,374,938 $ 72,052,187 Cash and Investment Balances Checking, (in $ Millions) $5.91, 8% Note, Bonds, $1.00, 1% $14.45, CD's, 18% State LGIP, $3.05, $20.38 4% 26% 10 County LGIP, $33.50, 1 Packet Pg. 11 I 6.3.a I INVESTMENT PORTFOLIO SUMMARY Annual Interest Income $1,400, 000 $1,200,000 $1 236 875 $947,931 $950,684 1 091 709 $1,000,000 $882 556 $800,000 $600,000 $4 $400,000 $200,000 [it 2018 2019 2020 2021 2022 YTD 2023 2 Packet Pg. 12 I 6.3.a I GENERAL FUND SUMMARY General Fund Revenues and Expenses (Rolling 24 months) General Fund Revenues General Fund Expenses 10,000,000 — 9,000,000 8,000,000 • H 7,000, 000 •� • • 6,000,000 • • • Ip • �� 5,000, 000 • _ /` • y` • 4,000,0003,000,000 • ,000, 000 1,000,000 — — June September December March June September December March General Fund Tax Revenue (2017 through 2022 Sales Tax Property Tax EMS Tax Other Taxes 12,000,000 10,000,000 8,000,000 - — 6,000, 000 4,000, 000 2,000, 000 2017 2018 2019 2020 2021 2022 General Fund Tax Revenue (2023 YTD) 7,000,000 6,000, 000 $ 5,742,964 5,000,000 Aw 4,000,000 53,814,729 3,000, 000 $2,303,424 2,000,000 1,000, 000 Sales Tax Property Tax EMS Tax Other Taxes Q 3 Packet Pg. 13 I 6.3.a I City of Edmonds, WA Monthly Revenue Summary -General Fund 2023 General Fund Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 2,761,312 $ 2,761,312 $ 2,320,252 -15.97% February 5,473,311 2,711,999 4,920,100 -10.11% March 8,241,198 2,767,887 8,150,445 -1.10% April 11,660,900 3,419,702 16,689,365 43.12% May 21,798,797 10,137,897 21,615,550 -0.84% June 24,756,969 2,958,172 July 27,636,403 2,879,434 August 30,928,872 3,292,469 September 33,641,482 2,712,609 October 38,105,910 4,464,428 November 48,001,239 9,895,330 December 51,186,745 3,185,506 City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 2023 Real Estate Excise Tax 1 & 2 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 342,055 $ 342,055 $ 151,084 -55.83% February 560,818 218,763 270,799 -51.71% March 909,543 348,725 521,829 -42.63% April 1,192,058 282,515 745,931 -37.42% May 1,541,969 349,911 1,053,507 -31.68% June 1,918,974 377,006 July 2,301,683 382,709 August 2,708,930 407,246 September 3,135,518 426,588 October 3,524,452 388,935 November 3,913,570 389,117 December 4,400,000 486,430 *The monthly budget forecast columns are based on a five-year average. w Packet Pg. 14 1 SALES TAX SUMMARY I 6.3.a I Construction Trade, $716,461 Accommodation, _ $15,509 Clothing and Accessories, $147,770 Communications, $104,659 Wholesale Trade, — $133,236 Sales Tax Analysis By Category Current Period: May 2023 Year -to -Date Total $4,607,308 Automotive Repair, Amusement & $99,882 Recreation, $37,618 Health & Personal Care, $35,752 Business Services, $494,353 Gasoline, $0 Retail Food Stores, NNEP—bMI$154,861 Retail Automotive, $1,110,10 Misc Retail, $879,201 _ 12,000,000 10,000,000 $7,395,114 $8,406,296 8,000,000 6,000,000 4,000,000 2,000,000 A.T 0 Others, $106,892 Eating & Drinking, $523,164 Annual Sales Tax Revenue $10,302,518 715 $8,317,046 2017 2018 2019 Manufacturing, $47,842 27 $4,607,308 2020 2021 2022 YTD 2023 5 I Packet Pg. 15 I 6.3.a I City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2023 Sales and Use Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 911,577 $ 911,577 $ 879,231 -3.55% February 1,999,408 1,087,831 1,908,832 -4.53% March 2,854,859 855,451 2,781,110 -2.58% April 3,643,225 788,366 3,621,184 -0.60% May 4,624,484 981,259 4,607,308 -0.37% June 5,567,972 943,488 July 6,580,085 1,012,114 August 7,669,335 1,089,249 September 8,683,583 1,014,248 October 9,768,647 1,085,064 November 10,864,900 1,096,253 December 11,900,000 1,035,100 Sales and Use Tax 12,000,000 11,000, 000 10,000,000 9,000,000 8,000,000 7,000,000 40 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC —0-- Current Year Budget — —Prior Year City of Edmonds, WA Monthly Revenue Summary -Real Personal/Property Tax 2023 Real Personal/Property Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 49,915 $ 49,915 $ 26,466 -46.98% February 78,108 28,192 147,332 88.63% March 375,054 296,947 824,405 119.81% April 912,236 537,182 4,885,632 435.57% May 5,909,096 4,996,860 5,742,964 -2.81% June 6,029,957 120,861 July 6,148,773 118,816 August 6,198,768 49,995 September 6,260,415 61,647 October 6,466,132 205,717 November 11,227,156 4,761,024 December 11,327,000 99,844 Real PersonaMoperty Tax 12,000,000 11,000, 000 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC �Cunrent Yeaz Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 6 Packet Pg. 16 I 6.3.a I City of Edmonds, WA Monthly Revenue Summary -Water Utility Tax 2023 Water Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 86,205 $ 86,205 86,092 -0.13% February 146,468 60,263 143,978 -1.70% March 232,107 85,639 221,845 -4.42% April 288,835 56,728 279,282 -3.31% May 373,578 84,744 363,282 -2.76% June 439,121 65,542 July 541,031 101,910 August 629,368 88,337 September 748,356 118,987 October 835,253 86,898 November 933,046 97,793 December 993,712 60,666 Sewer Utility Tax Water Utility Tax 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --*-- Current Yeaz Budget � Prior Year City of Edmonds, WA Monthly Revenue Summary -Sewer Utility Tax 2023 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 95,852 $ 95,852 $ 89,935 -6.17% February 174,661 78,808 166,439 -4.71% March 269,654 94,993 256,368 -4.93% April 348,626 78,972 333,172 -4.43% May 444,771 96,145 424,703 -4.51% June 523,850 79,080 July 620,193 96,343 August 699,682 79,489 September 799,189 99,507 October 879,620 80,432 November 976,901 97,281 December 1,055,821 78,920 Sewer Utility Tax 1,zuu,uuV 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -*-- Current Yeaz Budget -mb-- Prior Year *The monthly budget forecast columns are based on a five-year average. 7 Packet Pg. 17 I 6.3.a I City of Edmonds, WA Monthly Revenue Summary -Meter Water Sales 2023 Meter Water Sales Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 898,592 $ 898,592 $ 860,924 -4.19% February 1,526,893 628,301 1,439,675 -5.71% March 2,419,579 892,685 2,218,275 -8.32% April 3,010,919 591,341 2,792,540 -7.25% May 3,894,276 883,356 3,632,474 -6.72% June 4,577,455 683,180 July 5,644,291 1,066,835 August 6,565,058 920,767 September 7,805,695 1,240,637 October 8,711,524 905,829 November 9,730,927 1,019,403 December 10,363,937 633,010 City of Edmonds, WA Monthly Revenue Summary -Storm Water Sales 2023 Storm Water Sales Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 484,003 $ 484,003 $ 417,703 -13.70% February 1,535,452 1,051,449 1,359,827 -11.44% March 2,020,122 484,671 1,794,224 -11.18% April 2,451,545 431,422 2,181,313 -11.02% May 2,936,868 485,323 2,616,433 -10.91% June 3,368,111 431,243 July 3,844,019 475,908 August 4,895,662 1,051,643 September 5,380,996 485,335 October 5,812,621 431,625 November 6,298,011 485,390 December 6,714,303 416,292 Storm Water Sales 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. Packet Pg. 18 I 6.3.a I City of Edmonds, WA Monthly Revenue Summary-Unmeter SewerSales 2023 Unmeter Sewer Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 958,430 $ 958,430 $ 900,021 -6.09% February 1,745,646 787,217 1,665,119 -4.61% March 2,695,497 949,850 2,565,291 -4.83% April 3,484,346 788,849 3,333,389 -4.33% May 4,445,696 961,351 4,249,590 -4.41% June 5,235,623 789,927 July 6,198,081 962,458 August 6,992,099 794,018 September 7,987,044 994,945 October 8,790,485 803,441 November 9,763,192 972,707 December 10,551,011 787,819 Unmeter Sewer Sales l l ,uuu,uuu 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 / 1,000,000/ 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Yeaz Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 9 Packet Pg. 19 I 6.3.a I City of Edmonds, WA Monthly Expenditure Report -General Fund 2023 General blind Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 5,927,706 $ 5,927,706 $ 4,868,760-17.86% February 10,685,790 4,758,084 10,063,682 -5.82% March 15,376,562 4,690,772 14,793,075 -3.79% April 19,879,278 4,502,716 18,985,494 -4.50% May 24,735,536 4,856,258 23,497,459 -5.01% June 30,336,520 5,600,984 July 35,118,165 4,781,645 August 39,722,275 4,604,110 September 44,842,950 5,120,675 October 49,923,345 5,080,396 November 55,595,470 5,672,124 December 61,780,797 6,185,327 City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2023 Non -Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 2,285,040 $ 2,285,040 $ 1,642,894 -28.10% February 3,483,056 1,198,016 3,380,586 -2.94% March 4,581,985 1,098,930 4,986,307 8.82% April 5,531,435 949,450 6,091,521 10.13% May 6,720,936 1,189,500 7,245,913 7.81% June 8,483,040 1,762,104 July 9,529,850 1,046,810 August 10,426,806 896,956 September 11,638,078 1,211,272 October 12,757,540 1,119,461 November 14,139,943 1,382,404 December 15,627,335 1,487,392 Non -Departmental 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O N t4 .0 C t4 C LL t a+ C O M M N O N ca O rL m U C c LL t C O M N O N C N t V fC a+ Q 10 Packet Pg. 20 I 6.3.a I City of Edmonds, WA Monthly Expenditure Report -City Council 2023 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 31,557 $ 31,557 $ 33,649 6.63% February 65,534 33,977 71,252 8.72% March 104,052 38,517 108,460 4.24% April 140,886 36,835 142,437 1.10% May 187,929 47,042 180,396 -4.01% June 237,649 49,721 July 274,904 37,254 August 325,684 50,780 September 364,850 39,166 October 398,315 33,465 November 440,363 42,047 December 486,256 45,893 Office of Mayor City Council 500,000 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --0--Current Year Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Office of Mayor 2023 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 41,315 $ 41,315 $ 32,343 -21.72% February 84,527 43,212 63,133 -25.31% March 126,265 41,738 101,671 -19.48% April 168,834 42,569 133,210 -21.10% May 210,482 41,647 164,114 -22.03% June 251,630 41,148 July 293,597 41,967 August 335,203 41,606 September 377,026 41,823 October 417,998 40,972 November 461,344 43,346 December 504,873 43,529 Office of Mayor 550,000 500,000 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -"-Current Year Budget �PriorYear *The monthly budget forecast columns are based on a five-year average. 11 Packet Pg. 21 I 6.3.a I City of Edmonds, WA Monthly Expenditure Report -Human Resources 2023 Human Resources Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 115,623 $ 115,623 $ 93,116 -19.47% February 219,704 104,081 164,590 -25.09% March 315,079 95,373 230,737 -26.77% April 415,556 100,479 296,057 -28.76% May 515,736 100,180 367,942 -28.66% June 651,433 135,696 July 740,790 89,357 August 838,595 97,805 September 943,572 104,976 October 1,041,965 98,394 November 1,155,844 113,879 December 1,296,947 141,103 Human Resources 1,SUu,uuu 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Current Year Budget Prior Year City of Edmonds, WA Monthly Expenditure Report -Municipal Court 2023 Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 166,316 $ 166,316 $ 114,975 -30.87% February 334,870 168,554 231,321 -30.92% March 508,443 173,573 352,625 -30.65% April 684,089 175,646 476,351 -30.37% May 872,479 188,390 611,186 -29.95% June 1,045,638 173,160 July 1,222,956 177,318 August 1,420,871 197,915 September 1,602,183 181,311 October 1,790,590 188,407 November 2,016,553 225,963 December 2,240,163 223,610 2,400,000 Municipal Court 2,200,000 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget �Prior Year *The monthly budget forecast columns are based on a five-year average. 12 Packet Pg. 22 I 6.3.a I City of Edmonds, WA Monthly Expenditure Report -Community Services/Economic Development 2023 Community Services/Economic Development Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 82,547 $ 82,547 $ 84,200 2.00% February 173,284 90,737 172,586 -0.40% March 266,584 93,300 263,059 -1.32% April 355,832 89,248 362,832 1.97% May 448,151 92,318 470,437 4.97% June 542,079 93,928 July 640,333 98,254 August 757,348 117,015 September 866,737 109,390 October 980,673 113,936 November 1,126,880 146,206 December 1,309,051 182,171 *The monthly budget forecast columns are based on a five-year average. 13 Packet Pg. 23 I 6.3.a I City of Edmonds, WA Monthly Expenditure Report - Fund 512 - Technology Rental Fund 2023 Fund 512 - Technology Rental Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 217,095 $ 217,095 $ 355,645 63.82% February 359,768 142,674 530,347 47.41% March 555,080 195,311 683,467 23.13% April 632,977 77,897 798,011 26.07% May 744,000 111,023 888,529 19.43% June 870,622 126,623 July 964,912 94,290 August 1,105,547 140,635 September 1,246,510 140,964 October 1,404,743 158,232 November 1,508,608 103,865 December 1,753,427 244,819 City of Edmonds, WA Monthly Expenditure Report -Administrative Services 2023 Administrative Services Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 265,328 $ 265,328 $ 253,437 -4.48% February 451,089 185,762 571,249 26.64% March 637,562 186,473 774,413 21.46% April 828,444 190,882 964,313 16.40% May 1,018,215 189,771 1,154,564 13.39% June 1,276,857 258,642 July 1,491,726 214,869 August 1,682,764 191,039 September 1,874,849 192,085 October 2,075,444 200,595 November 2,300,685 225,240 December 2,497,266 196,581 *The monthly budget forecast columns are based on a five-year average. 14 Packet Pg. 24 I 6.3.a I City of Edmonds, WA Monthly Expenditure Report -City Attorney 2023 City Attorney Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 96,815 $ 96,815 $ 24,570 -74.62% February 193,630 96,815 109,813 -43.29% March 290,445 96,815 186,270 -35.87% April 387,260 96,815 276,332 -28.64% May 484,075 96,815 349,828 -27.73% June 580,890 96,815 July 677,705 96,815 August 774,520 96,815 September 871,335 96,815 October 968,150 96,815 November 1,064,965 96,815 December 1,161,780 96,815 Police City Attorney 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --0-- Current Year Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Police 2023 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 1,164,139 $ 1,164,139 $ 1,041,369 -10.55% February 2,327,027 1,162,888 2,119,852 -8.90% March 3,542,656 1,215,629 3,173,554 -10.42% April 4,715,234 1,172,578 4,326,784 -8.24% May 5,930,366 1,215,132 5,521,298 -6.90% June 7,213,453 1,283,086 July 8,432,845 1,219,393 August 9,581,468 1,148,623 September 10,790,812 1,209,344 October 12,043,702 1,252,889 November 13,512,852 1,469,150 December 14,993,027 1,480,175 Police 15,000,000 14,000,000 13,000,000 12,000,000 11,000,000 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year Budget �Prior Year *The monthly budget forecast columns are based on a five-year average. 15 Packet Pg. 25 I 6.3.a I City of Edmonds, WA Monthly Expenditure Report -Development Services 2023 Planning & Development Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 395,975 $ 395,975 $ 286,492 -27.65% February 813,013 417,038 595,086 -26.80% March 1,213,509 400,496 913,919 -24.69% April 1,635,884 422,375 1,265,403 -22.65% May 2,051,113 415,229 1,622,646 -20.89% June 2,463,993 412,881 July 2,914,697 450,704 August 3,337,656 422,959 September 3,778,605 440,949 October 4,217,116 438,512 November 4,689,600 472,483 December 5,236,088 546,488 Parks & Recreation Planning & Development 5,500,000 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -*--Current Year Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2023 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 457,812 $ 457,812 $ 589,720 28.81% February 958,458 500,646 958,125 -0.03% March 1,459,194 500,736 1,386,849 -4.96% April 1,960,748 501,554 1,788,118 -8.80% May 2,473,516 512,768 2,229,794 -9.85% June 3,017,740 544,223 July 3,613,117 595,377 August 4,229,777 616,661 September 4,893,730 663,953 October 5,439,139 545,409 November 5,995,908 556,769 December 6,573,617 577,709 *The monthly budget forecast columns are based on a five-year average. 16 Packet Pg. 26 I 6.3.a I City of Edmonds, WA Monthly Expenditure Report - Fund 016 - Building Maintenance Fund 2023 Fund 016 - Building Maintenance Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 106,250 $ 106,250 $ 81,158 -23.62% February 212,500 106,250 97,897 -53.93% March 318,750 106,250 100,936 -68.33% April 425,000 106,250 116,404 -72.61% May 531,250 106,250 35,246 -93.37% June 637,500 106,250 July 743,750 106,250 August 850,000 106,250 September 956,250 106,250 October 1,062,500 106,250 November 1,168,750 106,250 December 1,275,000 106,250 Fund 016-Building Maintenance Fund 1,300,000 1,200, 000 I , 100, 000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget Prior Year City ofEdmonds, WA Monthly Expenditure Report -Facilities Maintenance 2023 Facilities Maintenance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 288,350 $ 288,350 $ 335,018 16.18% February 659,070 370,720 935,298 41.91% March 1,043,814 384,744 1,264,752 21.17% April 1,410,640 366,825 1,451,697 2.91% May 1,744,249 333,609 1,803,967 3.42% June 2,018,822 274,573 July 2,352,264 333,442 August 2,785,180 432,916 September 3,285,870 500,689 October 3,843,053 557,183 November 4,302,471 459,418 December 5,031,410 728,939 *The monthly budget forecast columns are based on a five-year average. 17 Packet Pg. 27 I 6.3.a I City of Edmonds, WA Monthly Expenditure Report -Engineering 2023 Engineering Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 282,359 $ 282,359 $ 261,418 -7.42% February 565,864 283,505 531,670 -6.04% March 854,328 288,463 807,168 -5.52% April 1,146,492 292,164 1,076,687 -6.09% May 1,466,062 319,570 1,353,969 -7.65% June 1,761,147 295,085 July 2,068,691 307,544 August 2,369,679 300,989 September 2,661,264 291,584 October 2,957,705 296,441 November 3,281,224 323,519 December 3,605,639 324,415 O N U C R C LL t a+ C O M M N O N O d R U C C LL t C O 2 CO) N O N f� C N E t V M a+ Q *The monthly budget forecast columns are based on a five-year average. 18 Packet Pg. 28 6.3.a Page 1 of 1 C TTY OF EDMONDS REVENUES BY FUND - SUMMARY Fund 2023 Amended 5/31/2022 5/31/2023 Amount No. Title Budget Revenues Revenues Remaining %Received 001 GENERAL FUND $ 51,186,745 $ 19,290,212 $ 21,615,550 $ 29,571,195 420/c 009 LEOFF-MEDICAL INS. RESERVE 225,000 - - 225,000 00/c Ol l RISK MANAGEMENT RESERVE FUND - - 00/c 012 CONTINGENCY RESERVE FUND 447,522 447,522 00/c 014 HISTORIC PRESERVATION GIFT FUND - - - - 00/c 016 BUILDING MAINTENANCE FUND 17,480 14,021 42,338 (24,858) 2420/c 017 MARSH RESTORATION & PRESERVATION FUND - - - - 00/c 018 EDMONDS HOMELESSNESS RESPONSE FUND - - - - 00/c O N 104 DRUG ENFORCEMENT FUND 167,650 729 902 166,748 1 % Ill STREET FUND 1,815,410 549,412 547,463 1,267,947 300/c V 112 COMBINED STREET CONST/IMPROVE 12,366,800 1,244,306 3,378,473 8,988,327 27% 117 MUNICIPAL ARTS ACQUIS. FUND 98,098 84,277 14,689 83,409 1501( LL 118 MEMORIAL STREET TREE - - - - 00/, s 120 HOTEL/MOTEL TAX REVENUE FUND 84,400 35,174 38,191 46,209 450/, _ O 121 EMPLOYEE PARKING PERMIT FUND 38,960 11,669 12,655 26,305 32% 122 YOUTH SCHOLARSHIP FUND 1,660 139 91 1,569 50/c N O 123 TOURISM PROMOTIONAL FUND/ARTS 30,440 12,422 13,221 17,219 430/c N A 125 REAL ESTATE EXCISE TAX 2 2,320,090 690,422 545,435 1,774,655 240/c 126 REAL ESTATE EXCISE TAX 1 2,302,980 684,501 551,619 1,751,361 24% v 127 GIFT S CATALOG FUND 135,340 74,921 53,500 81,840 400/c O C. 130 CEMETERY MAINTENANCE/IMPROVEMT 150,960 84,910 75,861 75,099 5001, 136 PARKSTRUST FUND 5,460 1,632 (7,497) 12,957 -137% �p 137 CEMETERY MAINTENANCE TRUST FD 51,500 19,896 14,905 36,595 290/c .O C O 138 SISTER CITY COMMISSION 10,430 150 117 10,313 1% IL 140 BUSINESS IMPROVEMENT DISTRICT 88,645 54,618 53,037 35,608 600/c 141 AFFORDABLE AND SUPPORTIVE HOUSINGFUND 65,000 24,287 21,312 43,688 330/c r C 142 EDMONDS RESCUE PLAN FUND 1,669,000 - 668,774 1,000,226 400/, 143 TREE FUND 215,100 198 1,355 213,745 10/c M N 231 2012 LT GO DEBT SERVICE FUND 309,800 30,871 28,458 281,343 9% N 332 PARKS CAPITAL CONSTRUCTION FUND 2,713,902 810,944 522,921 2,190,981 19% 411 COMBINED UTILITY OPERATION - 70,785 57,265 (57,265) 0% w 421 WAT ER UT ILIT Y FUND 11,950,114 4,103,567 4,207,711 7,742,403 350/, 422 STORM UTILITY FUND 9,020,452 2,871,175 3,309,321 5,711,131 37% t 423 SEWER/WWTP UTILITY FUND 15,898,844 7,948,007 8,526,944 7,371,900 540/c v O 424 BOND RESERVE FUND 1,991,860 1,115 6,694 1,985,166 r w 00/c Q 511 EQUIPMENT RENTAL FUND 4,188,740 761,804 1,090,665 3,098,075 260/c 512 TECHNOLOGY RENTAL FUND 1,481,194 483,440 662,656 818,538 450/c $ 121,049,576 $ 39,959,604 $ 46,054,626 $ 74,994,950 380% 19 Packet Pg. 29 I 6.3.a I Page 1 of 1 C PIY OF EDMONDS EXPENDITURES BY FUND - SUMMARY Fund 2023 Amended 5/31/2022 5/31/2023 Amount No. Title Budget Expenditures Expenditures Remaining %Spent 001 GENERAL FUND $ 61,780,797 $ 19,128,482 $ 23,497,459 $ 38,283,338 380 009 LEOFF-MEDICAL INS. RESERVE 367,140 126,014 154,761 212,379 420 O11 RISK MANANGEMENT RESERVE FUND 25,000 - - 25,000 0% 014 HISTORIC PRESERVATION GIFT FUND 5,900 - - 5,900 0% 016 BUILDING MAINTENANCE FUND 1,275,000 17,074 35,246 1,239,754 30/c 017 MARSH RESTORATION & PRESERVATION FUND - - - - 0% 018 EDMONDS HOMELESSNESS RESPONSE FUND - - - 00 019 EDMONDS OPIOID RESPONSE FUND - - - 0% 0 104 DRUG ENFORCEMENT FUND 45,800 - - 45,800 N 00/c tY 111 STREET FUND 2,583,414 934,609 1,337,791 1,245,623 520/, t) 112 COMBINED STREET CONST/IMPROVE 11,273,695 605,359 2,170,132 9,103,563 19% 117 MUNICIPAL ARTS ACQUIS. FUND 207,380 16,940 34,885 172,495 170/c LL 118 MEMORIAL STREET TREE - - - - 00/c s 120 HOTEL/MOTEL TAX REVENUE FUND 95,400 19,714 3,934 91,466 40/, _ O 121 EMPLOYEE PARKING PERMIT FUND 26,880 - - 26,880 0% 122 YOUTH SCHOLARSHIP FUND 3,000 - - 3,000 0% N O 123 TOURISM PROMOTIONAL FUND/ARTS 28,500 533 5,222 23,278 180/, N A 125 REAL ESTATE EXCISE TAX 2 4,315,418 643,105 816,074 3,499,344 19% 126 REAL ESTATE EXCISE TAX 1 1,800,512 134,700 130,013 1,670,499 71/c 127 GIFTS CATALOG FUND 497,598 4,334 97,011 400,587 19% 0 0. 130 CEMETERY MAINTENANCE/IMPROVEMT 249,413 78,494 107,230 142,183 430/, 136 PARKS TRUST FUND 43,842 2,540 - 43,842 00/, <0 137 CEMETERY MAINTENANCE TRUST FUND 50,000 - - 50,000 00/, C O 138 SISTER CITY COMMISSION 11,900 70 415 11,485 30/, LL 140 BUSINESS IMPROVEMENT DISTRICT 88,575 20,878 20,890 67,685 240/, >, 142 EDMONDS RESCUE PLAN FUND 1,669,000 380,776 673,314 995,686 400/c 143 TREE FUND 239,800 - - 239,800 00/c 231 2012 LT GO DEBT SERVICE FUND 309,800 - - 309,800 00/c N 332 PARKS CAPITAL CONSTRUCTION FUND 2,255,647 2,323,141 974,759 1,280,888 430/c N 421 WATER UTILITY FUND 11,819,111 2,358,873 2,988,333 8,830,778 250/c CC 422 STORM UTILITY FUND 8,292,377 1,741,370 2,044,743 6,247,634 250/c 423 SEWER/WWTP UTILITY FUND 16,488,945 6,399,786 5,979,189 10,509,756 360/, N t 424 BOND RESERVE FUND 1,989,820 - - 1,989,820 0% t� 511 EQUIPMENT RENTAL FUND 4,431,858 514,481 1,042,885 3,388,973 240/, ;C w Q 512 TECHNOLOGY RENTAL FUND 1,753,427 603,046 888,529 864,898 510/c $ 134,024,949 $ 36,054,321 $ 439002,814 $ 91,0229135 320% 20 Packet Pg. 30 Page 1 of 3 C ITY O F EDMO NDS REVENUES - GENERAL FUND 2023 Amended 5/31/2022 5/31/2023 Amount Title Budget Revenues Revenues Remaining %Received TAXES: 1 REAL PERSONAL / PROPERTY TAX 2 EMSPROPERTY TAX 3 VOTED PROPERTY TAX 4 LOCAL RETAIL SALES/USE TAX 1 5 NATURAL GAS USE TAX 6 1/10 SALES TAX LOCAL CRIM JUST 7 ELECTRIC UTILITY TAX 8 GASUTILITY TAX 9 SOLID WASTE UTILITY TAX 10 WATERUTILITY TAX 11 SEWERUTILITYTAX 12 STORMWATERUTILITY TAX 13 T.V. CABLE UTILITY TAX 14 TELEPHONE UTILITY TAX 15 PULLTABSTAX 16 AMUSEMENT GAMES 17 LEASEHOLD EXCISE TAX LIC INS ES AND PERMITS: 18 FIRE PERMITS -SPECIAL USE 19 POLICE - FINGERPRINTING 20 VENDING MACHINE/CONCESSION 21 FRANCHISE AGREEMENT-COMCAST 22 FRANCHISE FEE-EDUCATION/GOVERNMENT 23 FRANCHISE AGREEMENT-ZIPLY FIBER 24 OLYMPIC VIEW WATER DISTRICT FRANCHISE 25 GENERAL BUSINESS LICENSE 26 DEV SERV PERMIT SURCHARGE 27 RIGHT OF WAY FRANCHISE FEE 28 BUILDING PERMIT S 29 FIRE PERMIT 30 ENGINEERING PERMIT 31 ANIMAL LICENSES 32 STREET AND CURB PERMIT 33 STREET AND CURB PERMIT W/LEASEHOLD TAX 34 OTRNON-BUSLIC/PERMITS 35 SPECIAL EVENT REVIEW INTERGOVERNMENTAL: 36 FEDERAL GRANTS - BUDGET ONLY 37 DOJ 15-0404-0-1-754 - BULLET PROOF VEST 38 HIGH VISIBILITY ENFORCEMENT 39 CORONAVIRUS RELIEF FUND 40 STATE GRANTS- BUDGET ONLY 41 WA STATE TRAFFIC COMM GRANT 42 WASHINGTON STATE ARTS COMMISSION 43 PUD PRIVILEDGE TAX 44 TRIAL COURT IMPROVEMENT 45 CJ -POPULATION 46 CRIMINAL JUSTICE -SPECIAL PROGRAMS 47 MARIJUANA EXCISE TAX DISTRIBUTION 48 DUI - CITIES 49 FIRE INS PREMIUM TAX 50 LIQUOR EXCISE TAX 51 LIQUOR BOARD PROFITS 52 MISCELLANEOUS INTERLOCAL REVENUE 53 FIRST RESPONDERS FLEX FUND 54 DISCOVERY PROGRAMS TECHNOLOGY ACQ. $ 11,327,000 $ 5,612,365 $ 5,742,964 $ 5,584,036 5101( 4,578,000 2,236,457 2,303,424 2,274,576 5001( 500 27 4 496 10/( 11,900,000 4,483,349 4,607,308 7,292,692 391/1( 7,600 7,539 9,055 (1,455) 1190/( 1,150,000 415,496 424,737 725,263 370/c 1,900,000 858,720 887,688 1,012,312 470/( 845,000 469,966 562,001 282,999 670/( 384,000 143,254 163,027 220,973 420/( 1,000,234 350,681 363,282 636,952 361/1( 942,960 321,835 424,703 518,257 450/( 621,458 253,170 261,645 359,813 420/( 850,000 342,948 342,228 507,772 400/( 773,000 208,020 171,355 601,645 220/( 80,200 38,435 44,677 35,523 560/( 350 - 22 328 60/( 326,000 152,734 160,306 165,694 490/( 36,686,302 15,894,995 16,468,426 20,217,876 45% 250 100 50 200 200/( 700 20 420 280 600/( 94,500 29,774 31,950 62,550 340/( 702,700 349,602 344,068 358,632 490/( 41,000 15,062 13,875 27,125 340/( 100,600 24,677 20,529 80,071 200/( 450,000 199,970 227,219 222,781 500/( 250,000 102,163 109,000 141,000 440/( 80,000 41,935 41,490 38,510 520/( 30,000 30,173 13,962 16,038 470/( 750,600 348,456 198,800 551,800 260/( - - 2,300 (2,300) 00/( - - 25,094 (25,094) 00/( 24,000 9,386 11,648 12,352 490/( 75,000 39,405 19,990 55,010 270/( - - 3,447 (3,447) 00/( 20,000 - 7,211 12,789 360/( - 6,450 551 (551) 00/( 2,619,350 1,197,173 1,071,604 1,547,746 410% 166,309 - - 166,309 00/( 9,000 5,237 - 9,000 00/( 11,100 718 9,479 1,621 850/( 1,494,875 - 24,010 1,470,865 20/( 244,645 - - 244,645 00/( - 307 - - 00/( 34,000 2,000 - 34,000 00/( 210,500 - 219,274 (8,774) 1040/( 16,740 10,776 5,338 11,402 320/( 13,070 7,142 7,518 5,552 580/( 50,600 25,386 26,595 24,005 530/c 125,000 24,665 26,513 98,487 210/( 4,500 3,587 105 4,395 20/( - 56,744 75,698 (75,698) 00/( 325,000 152,556 150,641 174,359 460/( 343,200 83,190 82,149 261,051 240/( - - 500 (500) 00/( 1,000 - - 1,000 00/( 550 - - 550 00/( 3,050,089 372,308 627,819 2,422,270 210% Q 2022 Local Retail Sa/esiUse Tax revenues are $123,960 higher than 2021 revenues. Please also see pagespages 5 & 6. 21 1 Packet Pg. 31 1 6.3.a Page 2 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2023 Amended 5/31/2022 5/31/2023 Amount Title Budget Revenues Revenues Remaining %Received CHARGES FOR GOODS AND SERVICES: 1 RECORD/LEGAL INSTRUMENTS 2 ATM SURCHARGE FEES 3 CREDIT CARD FEES 4 COURT RECORD SERVICES 5 D/M COURT REC SER 6 WARRANT PREPARATION FEE 7 IT TIME PAY FEE 8 MUNIC.-DIST. COURT CURR EXPEN 9 CLERKS TIME FOR SALE OF PARKING PERMITS 10 PHOTOCOPIES 11 POLICE DISCLOSURE REQUESTS 12 ENGINEERING FEES AND CHARGES 13 ELECTION CANDIDATE FILINGFEES 14 CUSTODIAL SERVICES(SNO-ISLE) 15 PASSPORTS AND NATURALIZATION FEES 16 POLICE SERVICES SPECIAL EVENTS 17 CAMPUS SAFETY-EDM. SCH. DIST. 18 WOODWAY-LAW PROTECTION 19 MISCELLANEOUS POLICE SERVICES 20 FIRE DISTRICT #1 STATION BILLINGS 21 LEGAL SERVICES 22 ADULT PROBATION SERVICE CHARGE 23 BOOKING FEES 24 FIRE CONSTRUCTION INSPECTION FEES 25 EMERGENCY SERVICE FEES 26 EMS TRANSPORT USER FEE 27 FLEX FUEL PAYMENTS FROM STATIONS 28 ZONING/SUBDIVISION FEE 29 BUILDING PLAN REVIEW AND INSPECTION 30 FIRE PLAN REVIEW 31 PLANNING REVIEW AND INSPECTION 32 S.E.P.A. REVIEW 33 ENGINEERINGPLAN REVIEW AND INSPECTION 34 CRITICAL AREA STUDY 35 GYM AND WEI MTROOM FEES 36 PROGRAM FEES 37 HOLIDAY MARKET REGISTRATION FEES 38 UPTOWN EVENING MARKET FEES 39 WINTERMARKET FEES 40 EDMONDS COMMUNITY FAIR FEES 41 BIRD FEST REGISTRATION FEES 42 INTERFUND REIMBURSEMENT -CONTRACT SVCS $ 3,000 $ 2,212 $ 924 $ 2,076 310/( 600 72 76 524 130/( 6,000 441 - 6,000 00/( 150 1 - 150 00/( 300 - - 300 00/( 4,000 - - 4,000 00/( 1,000 49 58 942 60/( 50 72 88 (38) 1760/( 25,000 - - 25,000 00/( 100 51 6 94 60/( 1,000 - - 1,000 00/( 190,000 102,328 33,986 156,014 180/( 1,400 2,885 - 1,400 00/( 100,000 46,468 26,752 73,248 270/( 5,000 2,275 30,205 (25,205) 6040/( 30,000 - - 30,000 00/( 14,000 251 - 14,000 00/( 210,970 52,742 113,713 97,258 540/( - 25 20 (20) 00/( 67,000 35,250 43,768 23,232 650/( 1,050 302 - 1,050 00/( 38,000 7,852 4,209 33,791 110/( 3,000 216 66 2,934 20/( 10,000 11,851 8,848 1,152 880/( 3,500 220 323 3,177 90/( 1,077,500 238,403 611,546 465,954 570/( 5,000 1,943 2,453 2,547 490/( 65,600 47,673 17,064 48,536 260/( 425,000 129,976 282,420 142,580 660/( 4,000 7,036 9,207 (5,207) 2300/( 500 110 36,374 (35,874) 72750/( 3,000 3,700 2,430 570 810/( - - 10,206 (10,206) 00/( 14,000 8,010 8,529 5,471 610/( 13,000 1,015 4,476 8,524 340/( 990,959 333,500 434,571 556,388 440/( 5,000 - 455 4,545 90/( 5,000 740 - 5,000 00/( 5,000 7,310 9,005 (4,005) 1800/( - - 150 (150) 00/( 1,000 - - 1,000 00/( 3,427,765 491,040 1,362,001 2,065,764 400/( 6,757,444 1,536,019 3,053,930 3,703,514 457% r Q 22 Packet Pg. 32 6.3.a Page 3 of 3 C ITY O F EDMO NDS REVENUES - GENERAL FUND 2023 Amended 5/31/2022 5/31/2023 Amount Title Budget Revenues Revenues Remaining %Received FINES AND PENALTIES: 1 PROOF OF VEHICLE INS PENALTY 2 TRAFFIC INFRACTION PENALTIES 3 NC TRAFFIC INFRACTION 4 CRT COST FEE CODE LEG ASSESSMENT (LGA) 5 CURRENT TRAFFIC INFRACTIONS 6 NON -TRAFFIC INFRACTION PENALTIES 7 OTHERINFRACTIONS'04 8 PARKING INFRACTION PENALTIES 9 PARK/INDDISZONE 10 DWI PENALTIES 11 DUI - DP ACCT 12 CRIM CNV FEE DUI 13 DUI - DP FEE 14 CRIMINAL TRAFFIC MISDEMEANOR 8/03 15 CRIMINAL CONVICTION FEE CT 16 CRIM CONV FEE CT 17 OTHER NON-T RAF MISDEMEANOR PEN 18 OTHER NON TRAFFIC MISD. 8/03 19 COURT DV PENALTY ASSESSMENT 20 CRIMINAL CONVICTION FEE CN 21 CRIM CONV FEE CN 22 PUBLIC DEFENSE RECOUPMENT 23 BANK CHARGE FOR CONY. DEFENDANT 24 COURT COST RECOUPMENT 25 BUS. LICENSE PERMIT PENALTY 26 MISC FINES AND PENALTIES MISCELLANEOUS: 27 INVESTMENT INTEREST 28 INTEREST ON COUNTY TAXES 29 INTEREST - COURT COLLECTIONS 30 LOAN INTEREST 31 SPACE/FACILITIESRENTALS 32 BRACKET ROOM RENTAL 33 LEASESLONG-TERM 34 DONATION/CONTRIBUTION 35 PARKSDONATIONS 36 BIRD FEST CONTRIBUTIONS 37 POLICE CONTRIBUTIONS FROM PRIV SOURCES 38 SALE OF JUNK/SALVAGE 39 SALES OF UNCLAIM PROPERTY 40 CONFISCATED AND FORFEITED PROPERTY 41 OTHER JUDGEMENT/SETTLEMENT 42 POLICE JUDGMENTS/RESTITUTION 43 CASHIER'S OVERAGES/SHORTAGES 44 OTHER MISC REVENUES 45 SMALL OVERPAYMENT 46 NSF FEES - PARKS & REC 47 NSF FEES - MUNICIPAL COURT 48 NSF FEES - DEVEL SERV DEPT 49 L&I STAY AT WORK PROGRAM 50 US BANK REBATE 51 INSURANCE RECOVERIES TO TAL GENERAL FUND REVENUE $ 2,000 $ 673 $ 1,086 $ 914 540/( 130,000 24,863 37,182 92,818 290/( 18,000 1,933 881 17,119 501( 10,000 1,535 1,264 8,736 130/( - - 31,873 (31,873) 00/( 1,000 - 4,586 (3,586) 4590/( 1,500 265 1,222 278 810/( 125,000 6,270 2,570 122,430 20/( 2,000 114 239 1,761 120/( 7,000 1,159 1,345 5,655 190/( 300 27 1 299 00/( 100 14 - 100 00/( 1,500 596 622 878 410/( 25,000 3,792 3,192 21,808 130/( 2,000 613 560 1,440 280/( 700 37 3 697 00/( 100 - 100 0 1000/( 12,000 1,187 108 11,892 1 % 800 12 100 700 130/( 1,000 171 48 952 501( 200 - - 200 00/( 6,000 1,671 935 5,065 160/( 4,000 1,217 2,446 1,554 610/( 1,000 74 393 607 390/( 1,000 50 - 1,000 00/( 150 - - 150 00/( 352,350 46,271 90,756 261,594 260% 321,240 98,440 42,408 278,832 130/( 10,960 2,904 30,602 (19,642) 2790/( 12,180 2,369 1,010 11,170 80/( 12,080 - - 12,080 00/( 175,000 44,333 41,622 133,378 240/( 2,100 - - 2,100 00/( 210,000 85,929 94,299 115,701 450/( 1,500 239 105 1,395 70 3,500 2,300 4,000 (500) 1140/( 1,500 370 40 1,460 30/( 5,000 249 - 5,000 00/( 300 76 619 (319) 2060/( 3,800 1,288 2,403 1,397 630/( 2,000 - - 2,000 00/( 146,000 - 49,007 96,993 34°/ 200 100 47 153 240/( - 30 10 (10) 00/( 5,000 808 20,645 (15,645) 4130/( 100 26 1 99 10/( 100 30 - 100 00/( 150 60 - 150 00/( - - 4 (4) 00/( - - 8,702 (8,702) 00/( 8,500 3,896 7,494 1,006 880/( 800,000 - - 800,000 00/( 1,721,210 243,446 303,016 1,418,194 189/( $ 51,186,745 $19,290,212 $ 21,615,550 $ 29,571,195 420/( w Q 23 Packet Pg. 33 I 6.3.a I Page 1 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2023 Amended 5/31/2022 5/31/2023 Amount Title Budget Expenditures Expenditures Remaining %Spent GENERAL FUND EXPENDITURES (001) 1 SALARIES AND WAGES $ 23,641,702 $ 7,171,108 $ 8,896,602 $ 14,745,100 380/ 2 OVERTIME 649,080 462,889 397,540 251,540 610/ 3 HOLIDAY BUY BACK 294,001 8,212 5,674 288,327 20/ 4 BENEFITS 8,031,104 2,681,368 3,202,380 4,828,724 400/ 5 UNIFORMS 130,851 31,471 61,050 69,801 470/ 6 PENSION AND DISABILITY PAYMENTS 165,023 34,118 37,156 127,867 230/ 7 SUPPLIES 759,025 168,396 171,461 587,564 230/ 8 SMALL EQUIPMENT 307,791 49,557 73,701 234,090 240/ 9 PROFESSIONAL SERVICES 18,312,206 6,175,612 7,383,315 10,928,891 400/ 10 COMMUNICATIONS 241,295 57,465 91,834 149,461 380/ 11 TRAVEL 74,795 18,300 38,066 36,729 510/ 12 EXCISE TAXES 16,500 12,094 11,248 5,252 680/ 13 RENTAL/LEASE 2,780,344 838,322 1,107,640 1,672,704 400/ 14INSURANCE 625,650 503,160 625,650 (0) 1000/ 15 UTILITIES 663,800 238,995 265,954 397,846 400/ 16 REPAIRS& MAINTENANCE 673,900 237,263 485,348 188,552 720/ 17 MISCELLANEOUS 667,593 248,404 296,636 370,957 440/ 18 INTERGOVERNMENTAL PAYMENTS 50,000 50,000 50,000 - 1000/ 19 INTERFUND SUBSIDIES 1,341,982 - - 1,341,982 00/ 20 BUILDINGS 800,000 45,195 284,460 515,540 360/ 21 MACHINERY/EQUIPMENT 430,000 96,343 4,264 425,736 10/ 22 CONSTRUCT IONS PROJECTS 800,565 - 7,480 793,085 10/ 23 GENERAL OBLIGATION BOND PRINCIPAL 191,620 - 191,620 00/ 24 INTEREST ON LONG-TERM EXTERNAL DEBT 131,470 - 131,470 00/ 25 OTHER INTEREST & DEBT SERVICE COSTS 500 212 - 500 00/ 61,780,797 19,128,482 23,497,459 38,283,338 38°/ LEO FF-MEDIC AL INS. RESERVE(009) 26 BENEFITS $ 206,650 $ 78,420 $ 90,242 $ 116,408 440/ 27 PENSION AND DISABILITY PAYMENTS 152,990 33,405 64,518 88,472 420/ 28 PROFESSIONAL SERVICES 7,000 13,704 - 7,000 00/ 29 MISCELLANEOUS 500 485 - 500 00/ 367,140 126,014 S 154,761 212,379 420/ RISK MANAG04ENT RESERVE FUND (011) 30 MISCELLANEOUS $ 25,000 $ - $ $ 25,000 00/ 25,000 25,000 00/ HISTORIC PRESERVATION GIFT FUND (014) 31 SUPPLIES $ 100 $ $ $ 100 00/ 32 PROFESSIONAL SERVICES 200 200 00/ 33 MISCELLANEOUS 5,600 5,600 00/ 5,900 5,900 00/ BUILDING MAINTENANCEFUND (016) 34 PROFESSIONAL SERVICES $ 121,500 $ 450 $ $ 121,500 00/ 35 REPAIR&MAINTENANCE 1,153,500 16,072 15,468 1,138,032 10/ 36 BUILDINGS - - 19,778 (19,778) 00/ 37 MACHINERY/EQUIPMENT - 552 - - 00/ 1,275,000 17,074 S 35,246 1,239,754 3°/ DRUG INFO RC EMENT FUND (104) 38 PROFESSIONAL SERVICES $ 45,000 $ - S - $ 45,000 00/ 39 REPAIR/MAINT 800 800 00/ 45,800 $ 45,800 00/ t O Q. d lY C R C LL z C O M N 0 N A t O O. d C O C IL s C O M N 0 N C d E t t� O r w Q 24 Packet Pg. 34 I 6.3.a I Page 2 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2023 Amended 5/31/2022 5/31/2023 Amount Title Budget Expenditures Expenditures Remaining % Spent STREETFUND (111) 1 SALARIES AND WAGES $ 1,017,313 $ 290,997 $ 501,844 $ 515,469 494 2 OVERTIME 38,400 13,596 14,031 24,369 374 3 BENEFITS 415,385 142,682 197,776 217,609 480 4 UNIFORMS 6,000 3,912 4,404 1,596 730 5 SUPPLIES 263,000 47,993 83,737 179,263 32° 6 SMALL EQUIPMENT 20,000 985 1,657 18,343 8° 7 PROFESSIONAL SERVICES 23,210 9,905 4,934 18,276 210 8 COMMUNICATIONS 4,500 2,426 2,794 1,706 620 9 TRAVEL 1,000 - - 1,000 09 10 RENTAL/LEASE 304,730 120,178 126,166 178,564 414 11 INSURANCE 126,466 184,111 126,467 (1) 1000 12 UTILITIES 273,730 88,863 93,636 180,094 340 13 REPAIRS & MAINTENANCE 52,000 18,073 8,682 43,318 170 14 MISCELLANEOUS 8,000 10,891 6,310 1,690 790 15 BUILDINGS 25,000 - - 25,000 04 16 OTHERIMPROVEMENTS - 165,353 (165,353) 09 17 GENERAL OBLIGATION BOND PRINCIPAL 4,380 - 4,380 09 18 INTEREST 300 - 300 00 $ 2,583,414 $ 934,609 $ 1,337,791 $ 1,245,623 524 COMBINED STREETCONST)TMPROVE(112) 19 PROFESSIONAL SERVICES $ 3,817,980 $ 203,066 $ 487,808 $ 3,330,172 130 20 REPAIRS&MAINTENANCE 1,139,535 21,729 - 1,139,535 00 21 INTERFUND SUBSIDIES 172,650 - - 172,650 09 22 LAND 270,000 36,264 - 270,000 04 23 CONSTRUCTION PROJECTS 5,818,580 270,868 1,627,397 4,191,183 2M 24 INTERGOVERNMENTAL LOANS 54,070 72,201 54,058 12 1000 25 INTEREST 880 1,230 869 11 990 $ 11,273,695 $ 605,359 $ 2,170,132 $ 9,103,563 194 MUNICIPAL ARTS ACQUIS. FUND (117) 26 SUPPLIES $ 4,700 $ 548 $ 515 $ 4,185 110 27 SMALL EQUIPMENT 1,700 - - 1,700 00 28 PROFESSIONAL SERVICES 191,000 15,328 32,707 158,293 170 29 TRAVEL 80 - - 80 04 30 RENTAL/LEASE 3,000 - 3,000 09 31 REPAIRS & MAINTENANCE 300 - - 300 04 32 MISCELLANEOUS 6,600 1,064 1,663 4,937 250 $ 207,380 $ 16,940 $ 34,885 $ 172,495 17 HO TEL/MO TEL TAX REVENUE FUND (120) 33 PROFESSIONAL SERVICES $ 90,400 $ 19,714 $ 3,934 $ 86,466 44 34 MISCELLANEOUS 1,000 - - 1,000 0R 35 INTERFUND SUBSIDIES 4,000 - - 4,000 0° $ 95,400 $ 19,714 $ 3,934 $ 91,466 4, EMPLO YEE PARKING PERMIT FUND (12 1) 36 SUPPLIES $ 1,790 $ - $ - $ 1,790 09 37 PROFESSIONAL SERVICES 25,090 - 25,090 00 $ 26,880 $ $ - $ 26,880 09 YOUTH SCHOLARSHIP FUND (122) 38 MISCELLANEOUS $ 3,000 $ $ - $ 3,000 04 $ 3,000 $ $ - $ 3,000 04 TOURISM PROMOTIONAL FUND/ARTS (123) 39 PROFESSIONAL SERVICES $ 28,500 $ 533 $ 5,222 $ 23,278 184 $ 28,500 8 533 $ 5,222 $ 23,278 189 r Q 25 Packet Pg. 35 I 6.3.a I Page 3 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2023 Amended 5/31/2022 5/31/2023 Amount Title Budget Expenditures Expenditures Remaining %Spent REAL ESTATE EXC ISE TAX 2 (125) 1 SUPPLIES $ - $ 11,221 $ - $ - 09 2 PROFESSIONAL SERVICES 616,867 90,527 144,636 472,231 239 3 REPAIRS&MAINTENANCE 1,148,910 56,569 72,970 1,075,940 69 4 INTERFUND SUBSIDIES 5,684 - - 5,684 09 5 LAND 200,000 - 77,433 122,567 399 6 CONSTRUCTION PROJECTS 2,343,957 484,788 521,036 1,822,921 229 $ 4,315,418 $ 643,105 $ 816,074 $ 3,499,344 190 REAL ESTATE EXCISE TAXI (126) 7 PROFESSIONAL SERVICES 8 REPAIRS & MAINTENANCE 9 INTERFUND SUBSIDIES 10 LAND 11 CONSTRUCTION PROJECTS 12 GENERAL OBLIGATION BONDS 13 INTEREST 14 OTHER INTEREST & DEBT SERVICE COSTS GIFTS CATALOG FUND (127) 15 SALARIES AND WAGES 16 OVERTIME 17 BENEFIT S 18 SUPPLIES 19 SMALL EQUIPMENT 20 PROFESSIONAL SERVICES 21 RENTALILEASE 22 MISCELLANEOUS C EMEIERY MAINTENANC UIMPRO VEMENT (13 0) 23 SALARIES AND WAGES 24 OVERTIME 25 BENEFIT S 26 UNIFORMS 27 SUPPLIES 28 SUPPLIES PURCHASED FOR INVENTORY/RESALE 29 PROFESSIONAL SERVICES 30 COMMUNICATIONS 31 TRAVEL 32 RENTAL/LEASE 33 UTILITIES 34 REPAIRS & MAINTENANCE 35 MISCELLANEOUS PARKS TRUSTFUND (136) 36 PROFESSIONAL SERVICES CEIM KIERY MAINTENANCE TRUST FUND (137) 37 SMALL EQUIPMENT SISTER CITY COMMISSION (138) 38 SUPPLIES 39 TRAVEL 40 MISCELLANEOUS BUSINESS IMPROVEMENT DISTRICT FUND (140) 41 SUPPLIES 42 PROFESSIONAL SERVICES 43 MISCELLANEOUS EDMONDS RESCUE PLAN FUND (142) 44 PROFESSIONAL SERVICES TREE FUND (143) 45 SUPPLIES 46 PROFESSIONAL SERVICES 47 LAND $ 260,420 $ 23,581 $ 127,284 $ 133,136 490 578,340 13,266 2,729 575,611 09 147,557 - - 147,557 09 - - - - 00 554,755 97,473 - 554,755 09 155,470 - - 155,470 09 103,970 - - 103,970 09 - 380 - - 09 $ 1,800,512 $ 134,700 $ 130,013 $ 1,670,499 79 $ 196,455 $ $ 38,896 $ 157,559 209 - 2,840 (2,840) 09 80,033 17,518 62,515 229 146,000 4,334 30,113 115,887 210 500 - - 500 09 56,500 - 56,500 09 17,510 7,296 10,214 429 600 - 348 252 580 $ 497,598 $ 4,334 $ 97,011 $ 400,587 199 $ 137,541 $ 39,143 $ 58,687 $ 78,854 439 3,500 492 1,154 2,346 339 54,487 16,016 20,992 33,495 399 1,000 - - 1,000 09 7,000 410 2,771 4,229 409 20,000 9,933 9,920 10,080 509 4,200 1,150 1,438 2,762 349 1,700 716 720 980 429 500 - - 500 09 9,420 4,890 3,977 5,444 429 5,565 1,876 2,235 3,330 409 500 - - 500 09 4,000 3,868 5,336 (1,336) 1339 $ 249,413 $ 78,494 $ 107,230 $ 142,183 439 $ 43,842 $ 2,540 $ - $ 43,842 09 $ 43,842 $ 2,540 $ - $ 43,842 09 $ 50,000 $ $ - $ 50,000 09 $ 50,000 $ $ - $ 50,000 09 $ 1,500 $ $ $ 1,500 09 4,500 4,500 09 5,900 70 415 5,485 79 $ 11,900 $ 70 $ 415 $ 11,485 39 $ 4,091 $ 466 $ 1,433 $ 2,658 359 78,327 20,190 18,300 60,027 239 6,157 222 1,157 5,000 199 88,575 20,878 20,890 67,685 249 $ 1,669,000 $ 380,776 $ 673,314 $ 995,686 409 $ 1,669,000 380,776 673,314 995,686 409 $ 1,000 $ $ - $ 1,000 09 39,800 - 39,800 09 199,000 - 199,000 09 239,800 - 239,800 0° t O N C R C LL 21 s_ C O 2 M N 0 N A O t O lZ d w <0 C C M z C O 2 M N 0 N C N 1= t c� r w Q 26 Packet Pg. 36 I 6.3.a I Page 4 of 6 C ITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2023 Amended 5/31/2022 5/31/2023 Amount Title Budget Expenditures Expenditures Remaining %Spent 2012 LTGO DEBT SERVIC FUND (231) 1 GENERAL OBLIGATION BOND $ 235,000 $ $ - $ 235,000 09 2 INTEREST 74,800 - 74,800 09 $ 309,800 $ $ - $ 309,800 09 PARKS CONSTRUCTION FUND (332) 3 INTERFUND SUBSIDIES 4 PROFESSIONAL SERVICES 5 CONSTRUCTION PROJECTS 6 GENERAL OBLIGATION BONDS 7 INTEREST WATER FUND (421) 8 SALARIES AND WAGES 9 OVERTIME 10 BENEFIT S 11 UNIFORMS 12 SUPPLIES 13 WATER PURCHASED FOR RESALE 14 SUPPLIES PURCHASED FOR INVENTORY/RESALE 15 SMALL EQUIPMENT 16 PROFESSIONAL SERVICES 17 COMMUNICATIONS 18 TRAVEL 19 EXCISE TAXES 20 RENTAL/LEASE 21INSURANCE 22 UTILITIES 23 REPAIRS & MAINTENANCE 24 MISCELLANEOUS 25 INTERFUND SUBSIDIES 26 BUILDINGS 27 MACHINERY/EQUIPMENT 28 CONSTRUCTION PROJECTS 29 GENERAL OBLIGATION BONDS 30 REVENUE BONDS 31 INTERGOVERNMENTAL LOANS 32 INTEREST 33 OTHER INTEREST & DEBT SERVICE COSTS STORM FUND (422) 34 SALARIES AND WAGES 35 OVERTIME 36 BENEFIT S 37 UNIFORMS 38 SUPPLIES 39 SMALL EQUIPMENT 40 PROFESSIONAL SERVICES 41 COMMUNICATIONS 42 TRAVEL 43 EXCISE TAXES 44 RENTAL/LEASE 45INSURANCE 46 UTILITES 47 REPAIR & MAINTENANCE 48 MISCELLANEOUS 49 INTERFUND SUBSIDIES 50 LAND 51 BUILDINGS 52 MACHINERY/EQUIPMENT 53 CONSTRUCTION PROJECTS 54 GENERAL OBLIGATION BONDS 55 REVENUE BONDS 56 INTERGOVERNMENTAL LOANS 57 INTEREST 58 OTHER INTEREST & DEBT SERVICE COSTS $ - $ 62,656 $ - $ - 09 1,352,620 170,170 147,950 1,204,670 119 805,377 2,090,315 826,809 (21,432) 1030 50,000 - - 50,000 09 47,650 - - 47,650 09 $ 2,255,647 $ 2,323,141 $ 974,759 $ 1,280,888 439 $ 1,108,268 $ 318,564 $ 442,298 $ 665,970 409 p 24,000 6,449 7,207 16,793 309 422,439 133,792 161,218 261,221 389 4,000 2,189 2,457 1,543 610 150,000 56,039 62,524 87,476 429 'v 2,398,000 535,745 549,883 1,848,117 239 180,000 72,908 55,892 124,108 319 C 13,500 2,527 3,009 10,491 229 LE 2,256,928 279,744 622,022 1,634,906 289 >+ 35,000 13,234 14,448 20,552 419 200 - 462 (262) 2319 C 1,696,934 528,176 549,068 1,147,866 329 187,952 62,765 77,194 110,758 419 M 225,380 122,359 225,379 1 1009 c 35,000 13,870 15,703 19,297 459 cV 71,130 11,863 19,705 51,425 289 123,600 84,834 106,483 17,117 860 646,370 - - 646,370 09 12,500 - 12,500 09 10,000 - - 10,000 09 Q 1,670,000 87,212 47,283 1,622,717 39 4) 2,940 - - 2,940 09 _ 333,830 - - 333,830 09 25,840 25,839 25,839 1 1009 = 185,300 388 258 185,042 09 - 378 - - 09 $ 11,819,111 $ 2,358,873 $ 2,988,333 $ 8,830,778 259 s $ 991,952 $ 323,817 $ 509,624 $ 482,328 519 C 26,000 9,276 4,608 21,392 180 0 376,317 133,632 175,797 200,520 47' M 6,500 5,543 4,801 1,699 740 N 46,000 25,327 6,603 39,397 149 N 4,000 985 1,713 2,287 439 >, 3,124,919 334,006 548,725 2,576,194 189 3,200 2,087 2,828 372 880 , 4,300 - - 4,300 09 499,658 293,490 303,484 196,174 619 293,210 109,858 120,424 172,786 419 31,679 82,335 31,680 (1) 1009 10,500 7,120 7,469 3,031 719 w 189,130 11,302 11,327 177,803 69 Q 232,300 88,269 95,941 136,359 419 283,237 - - 283,237 09 680,000 - 680,000 09 25,000 - 25,000 09 - - 12,536 (12,536) 09 1,031,645 281,617 174,801 856,844 179 107,290 - - 107,290 09 160,870 - - 160,870 09 61,600 32,063 32,063 29,538 529 103,070 481 321 102,749 09 - 165 - - 09 $ 8,292,377 $ 1,741,370 $ 2,044,743 $ 6,247,634 259 27 Packet Pg. 37 I 6.3.a I Page 5 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2023 Amended 5/31/2022 5/31/2023 Amount Title Budget Expenditures Expenditures Remaining %Spent SEWER FUND (423) 1 SALARIES AND WAGES $ 2,836,518 $ 752,725 $ 1,434,343 $ 1,402,175 519 2 OVERTIME 130,000 59,197 67,599 62,401 520 3 BENEFITS 940,857 300,600 479,087 461,770 510 4 UNIFORMS 11,500 7,197 7,265 4,235 630 5 SUPPLIES 453,000 131,870 204,851 248,149 459 6 FUEL CONSUMED 20,000 - - 20,000 09 7 SUPPLIES PURCHASED FOR INV OR RESALE 5,000 - - 5,000 09 8 SMALL EQUIPMENT 83,900 95,443 3,561 80,339 49 9 PROFESSIONAL SERVICES 2,587,949 923,642 985,916 1,602,033 389 10 COMMUNICATIONS 48,000 19,269 20,836 27,164 439 11 TRAVEL 5,000 - 144 4,856 39 12 EXCISE TAXES 1,026,360 412,890 518,861 507,499 519 13 RENTAL/LEASE 312,006 134,401 129,710 182,296 420 14 INSURANCE 360,663 203,936 362,302 (1,639) 1000 15 UTILITIES 1,582,060 1,068,598 1,403,780 178,280 899 16 REPAIR& MAINTENANCE 728,630 392,452 97,432 631,198 139 17 MISCELLANEOUS 138,350 98,103 155,322 (16,972) 1120 18 INTERFUND SUBSIDIES 1,588,089 - 14,515 1,573,574 19 19 BUILDINGS 12,500 - - 12,500 09 20 MACHINERY/EQUIPMENT - 68,126 - - 09 21 CONSTRUCTION PROJECTS 2,976,163 1,564,772 - 2,976,163 09 22 GENERAL OBLIGATION BONDS 129,820 - - 129,820 09 23 REVENUE BONDS 55,310 - - 55,310 09 24 INTERGOVERNMENTAL LOANS 104,000 159,017 88,050 15,950 859 25 INTEREST 353,270 4,589 3,667 349,603 19 26 OTHER INT EREST & DEBT SERVICE COSTS - 2,959 1,948 (1,948) 09 $ 16,488,945 $ 6,399,786 $ 5,979,189 $ 10,509,756 369 BOND RESERVE FUND (424) 27 REVENUE BONDS $ 840,010 $ - $ - $ 840,010 09 28INTEREST 1,149,810 - 1,149,810 09 $ 1,989,820 $ $ - S 1,989,820 09 r Q 28 Packet Pg. 38 I 6.3.a I Page 6 of 6 C ITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2023 Amended 5/31/2022 5/31/2023 Amount Title Budget Expenditures Expenditures Remaining %Spent EQ UIPMENT RENTAL FUND (511) 1 SALARIES AND WAGES $ 331,652 $ 124,683 $ 183,297 $ 148,355 554 2 OVERTIME 2,000 222 - 2,000 04 3 BENEFITS 115,897 48,014 57,128 58,769 490 4 UNIFORMS 1,500 785 1,113 387 744 5 SUPPLIES 149,120 55,588 39,920 109,200 270 6 FUEL CONSUMED 1,000 - - 1,000 04 7 SUPPLIES PURCHASED FOR INVENTORY/RESALE 458,880 173,973 108,333 350,547 249 8 SMALL EQUIPMENT 58,000 2,072 939 57,061 29 9 PROFESSIONAL SERVICES 46,750 597 664 46,086 14 10 COMMUNICATIONS 3,000 864 1,263 1,737 424 11 TRAVEL 1,000 - - 1,000 04 12 RENTAL/LEASE 17,470 4,311 6,917 10,553 404 13 INSURANCE 50,178 51,903 52,373 (2,195) 1044 14 UTILITIES 14,000 9,675 11,625 2,375 834 15 REPAIRS&MAINTENANCE 60,000 14,102 16,223 43,777 270 16 MISCELLANEOUS 12,000 1,733 4,885 7,115 419 17 MACHINERY/EQUIPMENT 3,109,411 25,960 558,206 2,551,205 184 $ 4,431,858 $ 514,481 $ 1,042,885 $ 3,388,973 249 TEC HNO LO GY RENTAL FUND (512) 18 SALARIES AND WAGES $ 657,771 $ 111,086 $ 229,024 $ 428,747 354 19 OVERTIME 2,000 - - 2,000 04 20 BENEFITS 191,954 43,470 84,257 107,697 444 21 SUPPLIES 5,000 4,036 3,851 1,149 779 22 SMALL EQUIPMENT 181,800 21,731 58,265 123,535 329 23 PROFESSIONAL SERVICES 61,860 6,359 25,532 36,328 419 24 COMMUNICATIONS 58,770 20,362 24,519 34,251 424 25 TRAVEL 1,500 - - 1,500 04 26 RENTAL/LEASE 4,640 1,858 684 3,957 154 27 REPAIRS & MAINTENANCE 476,532 393,720 439,535 36,997 924 28 MISCELLANEOUS 55,600 424 9,802 45,798 184 29 MACHINERY/EQUIPMENT 56,000 - 13,060 42,940 239 $ 1,753,427 $ 603,046 $ 888,529 $ 864,898 519 TOTAL EXPENDITURE ALL FUNDS $ 134,024,949 $ 36,054,321 $ 43,002,814 $ 91,022,135 324 O N is C R C LL s C O M N 0 N A O O O. d w C O C iL z r C O M N O N fC C N 1= t t� r r Q 29 Packet Pg. 39 6.3.a Page 1 of 1 M I VC13aD1311C19AIM EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY Title CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT ADMINISTRATIVE SERVICES CITY ATTORNEY NON -DEPARTMENTAL POLICE SERVICES SATELLITE OFFICE COMMUNITY SERVICES/ECONOMIC DEV. PLANNING & DEVELOPMENT HUMAN SERVICES PROGRAM PARKS & RECREATION PUBLIC WORKS FACILITIES MAINTENANCE Title 2023 Amended 5/31/2022 5/31/2023 Amount Budget Expenditures Expenditures Remaining %Spent $ 486,256 $ 129,439 $ 190,396 $ 305,860 37% 504,873 148,671 164,114 340,759 33% 1,296,947 334,902 367,942 929,005 28% 2,240,163 482,322 611,186 1,628,977 27% 2,497,266 901,287 1,154,564 1,342,702 46% 1,161,780 388,315 349,828 811,952 30% C 15,627,335 5,987,679 7,245,913 8,381,422 46% N 14,993,027 5,133,192 5,521,298 9,471,729 37% 230,681 37,314 49,688 180,993 22% C R 1,309,051 216,588 470,437 838,614 36% LL 5,236,088 1,419,912 1,622,646 3,613,442 31% 324,650 39,490 102,311 222,339 32% C 6,573,617 1,709,318 2,229,794 4,343,823 34% 2 M 4,267,653 1,258,052 1,623,373 2,644,280 38% N N 5,031,410 942,003 1,803,967 3,227,443 36% $ 61,780,797 $ 19,128,482 $ 23,497,459 $ 38,283,338 38% O 0. O CITY OF E DMO NDS EXPENDITURES - UTILITY- BY FUND IN SUMMARY C 2023 Amended 5/31/2022 5/31/2023 Amount IL Budget Expenditures Expenditures Remaining %Spent s WATER UTILITY FUND $ 11,819,111 $ 2,358,873 $ 2,988,333 $ 8,830,778 25% 0 STORM UTILITY FUND 8,292,377 1,741,370 2,044,743 6,247,634 25o/p M N SEWER/WWTP UTILITY FUND 16,488,945 6,399,786 5,979,189 10,509,756 0 36% N BOND RESERVE FUND 1,989,820 - - 1,989,820 0% c' cc $ 38,590,253 $ 10,500,030 $ 11,012,265 $ 27,577,988 29% c d E t c� O Q 30 Packet Pg. 40 Page 1 of 2 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title 2023 Amended Budget 5/31/2022 Expenditures 5/31/2023 Expenditures Amount Remaining %Spent CITY COUNCIL SALARIES AND WAGES $ 219,276 $ 73,008 $ 92,364 $ 126,912 42% BENEFITS 103,845 38,986 43,227 60,618 42% SUPPLIES 11,000 1,006 968 10,032 9% SERVICES 152,135 16,439 43,838 108,297 29% $ 486,256 $ 129,439 $ 180,396 $ 305,860 37% O FFIC E O F MAYO R SALARIES AND WAGES $ 282,988 $ 103,440 $ 106,975 $ 176,013 38% BENEFITS 90,087 35,811 37,371 52,716 41% SUPPLIES 1,500 1,555 1,042 458 69% SERVICES 130,298 7,865 18,726 111,572 14% .-. C $ 504,873 $ 148,671 $ 164,114 $ 340,759 33% Q HUMAN RESOURCES N SALARIES AND WAGES $ 782,258 $ 194,660 $ 211,950 $ 570,308 27% BENEFITS 243,609 67,416 80,810 162,799 33% 'V SUPPLIES 13,600 701 549 13,051 4% SERVICES 257,480 72,125 74,632 182,848 29% C $ 1,296,947 $ 334,902 $ 367,942 $ 929,005 28% LL MUNICIPAL C O URT 2' SALARIES AND WAGES $ 1,594,770 $ 315,526 $ 402,085 $ 1,192,685 25% C BENEFITS 434,072 93,801 128,311 305,761 30% O SUPPLIES 11,600 4,714 7,904 3,696 68% 2 SERVICES 199,721 68,281 72,885 126,836 36% M $ 2,240,163 $ 482,322 $ 611,186 $ 1,628,977 27% N ADM[NIS TRATIVE S ERVIC ES SALARIES AND WAGES $ 1,601,894 $ 557,511 $ 735,490 $ 866,404 46% cc BENEFITS 465,703 180,965 211,000 254,703 4570 SUPPLIES 13,000 5,268 3,434 9,566 26% SERVICES 416,669 157,541 204,641 212,028 49% Q. $ 2,497,266 $ 901,287 $ 1,154,564 $ 1,342,702 46% CITY ATTORNEY SERVICES $ 1,161,780 $ 388,315 $ 349,828 $ 811,952 $ 1,161,780 $ 388,315 $ 349,828 $ 811,952 30% NON -DEPARTMENTAL E SALARIES AND WAGES $ 101,750 $ - $ - $ 101,750 0% LL BENEFITS 239,583 53,452 58,430 181,153 24% s SUPPLIES 5,000 - - 5,000 0% SERVICES 13,565,430 5,884,015 7,137,483 6,427,947 53% O INTERFUND SUBSIDIES 1,391,982 50,000 50,000 1,341,982 4% z DEBT SERVICE - PRINCIPAL 191,620 - - 191,620 0% CO) DEBT SERVICE - INTEREST 131,970 212 - 131,970 0% N $ 15,627,335 $ 5,987,679 $ 7,245,913 $ 8,381,422 46% PO LIC E SERVIC ES cc 2 SALARIES AND WAGES $ 9,566,760 $ 3,281,239 $ 3,477,139 $ 6,089,621 36% BENEFITS 3,305,628 1,160,454 1,250,012 2,055,616 38% SUPPLIES 342,941 81,278 62,377 280,564 18% E SERVICES 1,777,698 513,878 731,770 1,045,928 41% U MACHINERY/EQUIPMENT - 96,343 - - 0% r $ 14,993,027 $ 5,133,192 $ 5,521,298 $ 9,471,729 37% Q S ATELLITE O FFIC E SALARIES AND WAGES $ 38,537 $ - $ 18,200 $ 20,337 47% BENEFITS 7,298 - 8,711 (1,413) 119% SUPPLIES 17,000 11,057 - 17,000 0% SERVICES 167,846 26,257 22,777 145,069 14% $ 230,681 $ 37,314 $ 49,688 $ 180,993 22% 31 Packet Pg. 41 1 I 6.3.a I Page 2 of 2 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2023 Amended 5/31/2022 5/31/2023 Amount Title Budget Expenditures Expenditures Remaining %Spent COMMUNITY S ERVIC ES /EC O N DEV. SALARIES AND WAGES $ 613,413 $ 82,411 $ 266,780 $ 346,633 43% BENEFITS 165,783 26,776 68,847 96,936 42% SUPPLIES 4,075 269 442 3,633 11 % SERVICES 525,780 107,133 134,368 391,412 26% $ 1,309,051 $ 216,588 $ 470,437 $ 838,614 36% PLANNING & DEVELOPMENT SALARIES AND WAGES $ 2,392,581 $ 858,176 $ 982,774 $ 1,409,807 41% BENEFITS 779,673 295,708 358,284 421,389 46% SUPPLIES 23,400 2,993 4,657 18,743 20% SERVICES 2,040,434 263,035 276,931 1,763,503 14% $ 5,236,088 $ 1,419,912 $ 1,622,646 $ 3,613,442 31% HUMAN SERVICES PROGRAM SALARIES AND WAGES $ 101,849 $ 25,307 $ 46,450 $ 55,399 46% BENEFITS 29,301 5,024 15,539 13,762 53% SUPPLIES 15,000 442 661 14,339 4% SERVICES 178,500 8,717 39,662 138,838 22% 324,650 39,490 102,311 222,339 32% PARKS & REC REATIO N SALARIES AND WAGES $ 3,318,976 $ 968,866 $ 1,263,918 $ 2,055,058 38% BENEFITS 1,060,280 334,040 433,275 627,005 41% SUPPLIES 468,900 72,160 108,201 360,699 23% SERVICES 1,635,461 334,252 424,400 1,211,061 26% MACHINERY/EQUIPMENT 90,000 - - 90,000 0% $ 6,573,617 $ 1,709,318 $ 2,229,794 $ 4,343,823 34% PUBLIC WORKS ADMINISTRATION SALARIES AND WAGES $ 409,900 $ 54,659 $ 173,716 $ 236,184 42% BENEFITS 150,075 26,359 53,428 96,647 36% SUPPLIES 9,600 1,733 6,251 3,349 65% SERVICES 92,439 34,487 36,010 56,430 39% $ 662,014 $ 117,239 $ 269,404 $ 392,610 41% FACILITIES MAINTENANCE SALARIES AND WAGES 1,163,868 358,167 598,583 565,285 51% BENEFITS 439,117 143,049 219,147 219,970 50% SUPPLIES 128,000 34,777 45,755.48 82,245 36% SERVICES 1,359,860 360,816 644,277 715,583 47% MACHINERY/EQUIPMENT 1,940,565 45,195 296,205 1,644,360 15% $ 5,031,410 $ 942,003 $ 1,803,967 $ 3,227,443 36% ENGINEERING SALARIES AND WAGES $ 2,395,963 $ 769,240 $ 923,391 $ 1,472,572 39% BENEFITS 812,924 285,116 334,194 478,730 41% SUPPLIES 2,200 - 2,921 (721) 133% SERVICES 394,552 86,457 93,463 301,089 24% $ 3,605,639 $ 1,140,813 $ 1,353,969 $ 2,251,670 38% TOTAL GENERAL FUND EXPENDITURES $ 61,780,797 $ 19,128,482 $ 23,497,459 $ 38,283,338 38% O N is Z C R C LL s_ C O M N O N R O C. d C O C iL s C O z CO) N O N O C d >r t c� O r r Q 32 Packet Pg. 42 6.3.a GENERAL FUND OVERVIEW BALANCES CHANGE IN FUND BALANCES GENERAL FUND ---- ACTUAL ---- ---- ACTUAL ---- & SUBFUNDS 5/31 /2023 5/31 /2023 Q1 YTD Fund Balance Cash Balance 001-General Fund $ 10,021,042 $ 7,436,545 $ (6,642,630) $ (1,881,910 009-Leoff-Medical Ins. Reserve 62,103 78,055 (102,272) (154,761. 011-Risk Management Reserve Fund 25,000 25,000 - - o 012-Contingency Reserve Fund 1,782,150 1,782,150 - - 014-Historic Preservation Gift Fund 11,701 11,701 - - 016-Building Maintenance 4,303,695 4,446,971 (77,116) 7,092 017 - Marsh Restoration & Preservation 849,766 849,766 - - c 018 - Edmonds Homelessness Response Fd 200,000 200,000 - - Total General Fund & Subfunds $ 17,255,458 $ 14,830,188 $ (6,822,019) $ (2,029,578 r c 0 *$9,361,208 of the fund balance in Fund 001 added to the $1,782,150 balance in Fund 012, represent the required M No 20% operating reserve. ', ca There are no interfund loans outstanding at this time. 1` 0 Q. m GOVERNMENTAL FUNDS OVERVIEW U_ BALANCES CHANGE IN FUND BALANCES 0 GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- N FUNDS 5/31 /2023 5/31 /2023 Q1 YTD 0 N Fund Balance Cash Balance 0 General Fund & Subfunds $ 17,255,458 $ 14,830,188 $ (6,822,019) $ (2,029,578 a� Special Revenue 16,938,028 23,429,710 (592,673) 587,194 t Capital Projects - Fund 332 (244,156) (180,110) (410,079) (451,838 U Q Total Governmental Funds $ 33,949,329 $ 38,079,789 $ (7,824,770) $ (1,894,223 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 33 Packet Pg. 43 6.3.a SPECIAL REVENUE FUNDS OVERVIEW BALANCES CHANGE IN FUND BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- SPECIAL REVENUE 5/31/2023 5/31/2023 Q1 YTD Fund Balance Cash Balance 104 - Drug Enforcement Fund $ 68,472 $ 71,611 $ 59 $ 902 111 - Street Fund (381,644) (320,748) (636,911) (790,328 112 - Combined Street Const/Im prove 3,647,846 1,348,388 409,512 1,208,341 117 - Municipal Arts Acquis. Fund 614,692 644,895 3,596 (20,196 O a 120 - Hotel/Motel Tax Revenue Fund 129,121 118,595 22,301 34,257 41 121 - Employee Parking Permit Fund 87,687 91,167 10,367 12,655 122 - Youth Scholarship Fund 15,299 16,005 13 91 123 -Tourism Promotional Fund/Arts 123,170 123,144 6,951 7,999 f° c 125 -Real Estate Tax 2 3,021,918 3,276,687 23,403 (270,639; ii 126 - Real Estate Excise Tax 1 * 4,447,128 4,614,829 197,574 421,607 127 - Gifts Catalog Fund 3,020,282 3,162,966 6,718 (43,511 130 - Cemetery Maintenance/Improvement 236,801 249,871 (22,537) (31,369 0 136 - Parks Trust Fund 153,942 161,439 (7,497) (7,497 N 137 - Cemetery Maintenance Trust Fund 1,118,205 1,169,378 6,606 14,905 c N 138 - Sister City Commission 19,597 20,519 (202) (298 140 -Business Improvement Disrict 71,931 71,931 27,913 32,147 141 -Affordable and Supportive Housing Fd 255,878 248,240 21,312 21,312 V_ 142 - Edmonds Rescue Plan Fund 60,048 8,122,645 (662,049) (4,540; 0 143 - Tree Fund 227,654 238,150 198 1,355 Total Special Revenue $ 16,938,028 $ 23,429,710 1 $ (592,673) $ 587,194 *$200,000 of the fund balance in Fund 126 has been reserved for Marsh Restoration Funding, as well as $1,000,000 U for the purchase of Open Space. ii ENTERPRISE FUNDS OVERVIEW '' O 2 CO) N O N BALANCES CHANGE IN FUND BALANCES ---- ACTUAL ---- ---- ACTUAL ---- }; ENTERPRISE FUNDS 5/31/2023 5/31/2023 Q1 YTD c a) Fund Balance Cash Balance t U 421 -Water Utility Fund $ 33,108,002 $ 10,091,225 $ 689,909 $ 1,219,378 r Q 422 -Storm Utility Fund* 19,336,311 6,303,241 1,151,439 1,264,578 423 - Sewer/WWTP Utility Fund 65,547,089 14,951,941 1,500,483 2,547,754 424 - Bond Reserve Fund 850,655 850,655 3,093 6,694 411 -Combined Utility Operation 57,265 105,235 37,625 57,265 Total Enterprise Funds $ 118,899,321 $ 32,302,296 $ 3,382,549 $ 5,095,670 *$250,000 of the Storm Utility Fund Balance has been reserved for Marsh Restoration Funding. *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 34 Packet Pg. 44 6.3.a SUMMARY OVERVIEW BALANCES CHANGE IN FUND BALANCES ---- ACTUAL ---- ---- ACTUAL ---- CITY-WIDE 5/31 /2023 5/31 /2023 Q1 YTD Fund Balance Cash Balance Governmental Funds $ 33,949,329 $ 38,079,789 $ (7,824,770) $ (1,894,223 Enterprise Funds 118,899,321 32,302,296 3,382,549 5,095,670 Internal Services Fund 10,180,210 5,800,034 (599,997) (178,094 0 Total City-wide Total $ 163,028,861 $ 76,182,119 $ (5,042,219) $ 3,023,354 c c� c ii INTERNAL SERVICE FUNDS OVERVIEW O a M N O N BALANCES CHANGE IN FUND BALANCES ---- ACTUAL ---- ---- ACTUAL ---- o Q- INTERNAL SERVICE FUNDS 5/31 /2023 5/31 /2023 Q1 YTD W Fund Balance Cash Balance Fa U c 511 - Equipment Rental Fund $ 9,443,581 $ 5,364,916 $ (269,014) $ 47,780 ii 512 -Technology Rental Fund 736,629 435,118 (330,983) (225,874 21 t Total Internal Service Funds $ 10,180,210 $ 5,800,034 $ (599,997) $ (178,094 c 0 Z CO) N O N f� C N E t V fC a+ Q *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 35 Packet Pg. 45 6.4 City Council Agenda Item Meeting Date: 07/25/2023 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 July 13, 2023 and July 19, 2023. Attachments: Public Comment July 25, 2023 Packet Pg. 46 6.4.a Edmonds City Council Public Comments —July 25, 2023 Submitted on: 7/15/2023 9:01:27 AM Name: Robert Rogowski City of Residence: Edmonds Agenda Topic: Ferry Boat Horn @6am Sat Comments: Trains are quiet in the Edmonds bowl. Why are the ferry boats blowing their horns @6am on Sat?? Submitted on: 7/15/2023 11:23:29 AM Name: PETER STEPHENS City of Residence: Edmonds Agenda Topic: Paving Comments: Lived in Meadowdale for 25 years. With the exception of the north end of the dead end section of the road, 74th Place West has not been resurfaced during this period. I have spoken to Road Maintenance folks who always refer me to the Council and to try and get it into the budget. One time I was told it was scheduled but the dollars went to paving Meadowdale Beach Road at the request of a council member at the time. The project manager tries to minimize his mobilization costs by doing several jobs in the same area. Apparently 74th doesn't get the attention because there is nothing else in the area deserving of attention??? The road is in disrepair and continues to generate potholes. There are some areas where the surface rolls up when using the leaf blower to sweep the street (no street sweeping action here either).Please give it some priority. If you want pictures I will happily take them and forward them to you. Respectfully, Peter Stephens 16703 74th Place West Submitted on: 7/18/2023 12:34:10 PM Name: Karen Haase Herrick City of Residence: Edmonds, WA Agenda Topic: VIA Contract for Comp Plan Revision Comments: I have been an Edmonds resident since 1989. 1 grew up in rural Ohio. I have lived in small and large cities, Europe, and rural areas of our country. I served as a commissioner on the Edmonds Citizen Housing Commission. My comments are grounded in these lived experiences. This contract proposal is too expensive and too focused on turning Edmonds into a city rather than managing its growth as resilient and welcoming suburb. The contract will continue some flawed public input processes done using the Equitable Engagemnt Framework which disenfranchised many. Edmonds residents while using input from people and non profit groups residing outside Edmonds. Ciry Council members, please vote down this contract and ask the Planning Department to scale back their dreams of growing Edmonds into a Bellevue -like suburb of Seattle. We have solid small city procedures that can be used to gather input from all residents to revise our Comp Plan. LetA€TMs think smaller and affordable for once. Thank you for the opportunity to speak to this issue. Packet Pg. 47 6.4.a Edmonds City Council Public Comments —July 25, 2023 Submitted on: 7/19/2023 1:56:14 PM Name: Joan Bloom City of Residence: Edmonds Agenda Topic: Becky Peterson email to Ken Reidy: Starting July 15th, emails sent to council@edmondswa.gov will no longer be forwarded to all Councilmembers. Comments: Council President Tibbott, Please reconsider this decision. Making voters jump through hoops to communicate to their representatives is unacceptable. This decision lacks transparency. Citizens/residents/stakeholders of Edmonds need a convenient way to email all Council members. I have found the public comment email unacceptable as a replacement, for the following reasons. First, there is a word limit. Second, the Beacon, and other newspapers, can take comments and print them, without the writer's permission. This has happened to me. Third, Council members are given another excuse not to reply. I have so many questions: (1) Who decided upon this change to eliminate the Council@edmondswa.gov email address? Council has provided that option for the convenience of citizens for many years. Why eliminate that option? (2) Why did I have to find out from an email to Ken Reidy that I was blind copied on? (3) When/how will you be notifying ALL citizens/residents of Edmonds of this change? I'm getting the impression that Council would prefer not to hear from their constituents. Please prove to me how I'm wrong. Again, I request that Council reconsider this decision. Making voters jump through hoops to communicate to their representatives is unacceptable. Joan Bloom Former Edmonds City Councilmember (but you know that) c a� E E 0 U v a. c m r Packet Pg. 48 6.5 City Council Agenda Item Meeting Date: 07/25/2023 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: Community Transit Seashore Transportation Port of Edmonds SNO-COM911 Snohomish County Tomorrow Edmonds Public Facilities District Attachments: 07.06.23 Board Packet Community Transit Seashore Minutes 6-2-2-23 7-7-2023_SeaShore_Briefing CS Implementation SeaShore 20230707 Port Of Edmonds _ Commission Meeting Minutes 6-12-23 Port Of Edmonds _ 2023 Port of Edmonds Special Commission Meeting Minutes SNO911-Board-Agenda-20230720 SCT Steering May 24, 2023 pfd-board-meeting-minutes-05-25-2023 Packet Pg. 49 I 6.5.a I C, BOARD OF DIRECTORS' Thursday Commuy HYBRID MEETING AGENDA July 6, 2023 transi �r� n S It Snohomish County Public Transportation Benefit Area Corporation 3:00 p.m. Community Transit Board Room - 2312 W Casino Road, Everett, WA 98204 Board Meeting Virtual Participation Zoom Webinar: https://us02web.zoom.us/6/87858511746?pwd=UVZwc3doeW41 LOpRSFBZbVBVVWIhQT09 Webinar ID: 878 5851 1746 Passcode: 433505 Phone: 1-253-215-8782 Watch Live Livestream: https://bit.ly/CTPublicMtgsYouTube Executive Session (Board Members & Alternates) Zoom Meeting: https://us02web.zoom.us/'/82399882667?pwd=aFJYeEhONDI1 NOhUSnVtcExhaWVTUT09 Meeting ID: 823 9988 2667 Passcode: 799805 Phone: 1-253-215-8782 1. CALL TO ORDER 2. ROLL CALL 3. WELCOME & REMARKS 4. PUBLIC COMMENT* Verbal Comment: Sign up to speak by completing this Sign Up Form. Requested by 4 p.m. July 5. Written Comment: Email comments to executiveoffice(D-commtrans.org. Requested by 4 p.m. July 5 5. PRESENTATIONS a. Draft 2023-2028 Transit Development Plan — Sophie Luthin b. September 2023 — March 2024 Service Change — Chris Simmons 6. CHIEF EXECUTIVE OFFICER'S REPORT 7. COMMITTEE REPORTS a. Executive Committee — Chair Schuette b. Finance, Performance, & Oversight Committee — Mayor Roberts C. Strategic Alignment & Capital Development Committee — Council Member Merrill 8. CONSENT ITEMS** a• Approve minutes of the June 1, 2023 Board Meeting. b• Approve vouchers dated May 5, 2023 in the amount of $ 1,387,525.30. C. Approve vouchers dated May 12, 2023 in the amount of $ 3,205,458.05. d. Approve vouchers dated May 19, 2023 in the amount of $ 5,481,567.84. e. Approve vouchers dated May 26, 2023 in the amount of $ 3,903,752.95. f. Approve May 2023 Payroll: i. Direct Deposits Issued, # 435406 — 436931 in the amount of $3,969,571.95. ii. Paychecks Issued, # 111156 — 111229 in the amount of $86,793.04. Page 1 of 2 *Advance sign up for verbal public comments is not required but requested to support meeting administration. **Indicates attachment 2312 W Casino Road Everett, WA 98204 (425) 348-7100 www.communitytransit.o Packet Pg. 50 6.5.a iii. Employer Payroll Tax Deposits in the amount of $453,291.88. iv. Employer Deferred Compensation for IAM in the amount of $10,667.54. 9. ACTION ITEMS a. Award ITB #2023-003, Lynnwood RideStore Remodel — Greg Stamatiou 10. CHAIR'S REPORT 11. BOARD COMMUNICATION 12. EXECUTIVE SESSION 13. OTHER BUSINESS 14. ADJOURN Board materials are available at www.communitvtransit.org/meetings. In compliance with the Americans with Disabilities Act, those requiring accommodation for meetings should notify the executive office at least 24 hours prior to the meeting at 425-348-7100 (TTY Relay 711) or executiveoffice(aD-commtrans.org. Page 2 of 2 **Indicates attachment u 2312 W Casino Road Everett, WA 98204 (425) 348-7100 www.communitytransit.org Packet Pg. 51 6.5.a 0 Q. m o: d d E E 0 U c N L 0 m Presentations 0 .N L E E 0 U d V m IL L m 0 CO M N O O ti O C N E s u 0 Q Packet Pg. 52 6.5.a co ummco nitytran�� To: Board of Directors From: Sophie Luthin, Manager — Strategic Planning Date: July 6, 2023 Subject: Information: Draft 2023-2028 Transit Development Plan BACKGROUND Memorandum Community Transit is required to adopt a six -year Transit Development Plan (TDP) that is updated annually. Annual updates include activities, accomplishments and performance reports from the previous year, and a refreshed six -year forecast of agency financials, service levels and capital projects. The TDP represents an important forum for communicating goals and helps set the tone for many agency work programs. The Washington State Department of Transportation requires transit agencies to submit an updated plan each year. Community Transit's 2023-2028 Transit Development Plan is focused on delivering excellent service and building the future. The agency will do this by aligning work to the strategic priorities of attracting and retaining customers, strengthening the employee experience, and prioritizing sustainability. Specific initiatives that will help the agency achieve these goals include: A significant milestone in our service growth over the next six years is aligning and connecting bus service with Lynnwood Link light rail in 2024. The Transit Changes in 2024 and Beyond network was adopted by the Board of Directors in early 2023 and will be implemented gradually from late 2023 through 2026. The planned network will provide improved connections between buses and light rail, expand the frequent service network, adjust service to changing markets and ensures equitable access to service. 2024 also marks the launch of the new Swift Orange Line and Swift Blue Line Extension, and this six -year planning period also prepares the way for the future Swift Gold Line and extension of the Swift Green Line. • The agency is planning to invest in innovative services that complement existing bus service, and provide convenient and equitable coverage, connecting more communities with regional service. An innovative services pilot launched in Lynnwood in 2022 and additional pilot programs are in development in Darrington, Arlington, and Lake Stevens. • The Zero Emissions Feasibility Study will conclude in Summer 2023. A Board recommendation for a scaling bus fleet replacement plan and full transition horizon date will be included in the 2024 annual budget and Long Range Plan update. Additional details on these board recommendations will be included in the Final Draft Transit Development Plan that will be presented to the Board in September. • The agency adopted a 5-year Security Enhancement Strategic Plan in 2022. An initial focus of the plan is to add a security response with Transit Security Officers (TSO) who will supplement law enforcement staffing. TSOs will provide security patrol and response activities across all Community Transit properties, including Operating Bases, Park & Rides, Transit Centers, stops and services. Packet Pg. 53 6.5.a Updated financial forecasts based on sales tax revenues, grant funding, and current economic conditions show that the agency is in a strong position to meet its service growth and expansion commitments. STATUS An overview of the draft Transit Development Plan will be presented to the Strategic Alignment and Capital Development Committee on June 21, 2023 and again at the July 6, 2023 Board of Directors' Meeting. The public review and comment period takes place throughout July and concludes after a public hearing on August 3, 2023. The final draft Transit Development Plan and public comments will be presented to the Committee at the August meeting with recommendation for adoption of the TDP at the September 7 Board of Directors' Meeting. Throughout the review process, comments should be directed to mailto:planupdate(a commtrans.org BUDGETIMPACT None. The financial assumptions and forecasts for this TDP are consistent with the 2024 Budget development process. RECOMMENDATION Information only at this time. Page 2 Packet Pg. 54 6.5.a Consent Agenda 0 Q. m o: d d E E 0 U c N L 0 m .y 0 .N L E E 0 U IL L 0 CO M N O O ti O C N E s u 0 Q Packet Pg. 55 6.5.a EMLco umm nnytransit Minutes Board of Directors' Meeting Thursday, June 1, 2023 Hybrid Meeting - 3 p.m. Board Members Present Council Member Kim Daughtry City of Lake Stevens Mayor Christine Frizzell City of Lynnwood Council Member Mike Gallagher City of Brier, Board Alternate Council Member Tom Merrill City of Snohomish Lance Norton Labor Representative, non -voting Council Member Susan Paine* City of Edmonds, Board Alternate Council Member Strom Peterson* Snohomish County Council Member Jan Schuette City of Arlington Board Members Absent Mayor Joe Marine City of Mukilteo Council Member Jared Mead Snohomish County Mayor Jon Nehring City of Marysville Mayor Sid Roberts City of Stanwood Others Present** Roland Behee CT -Acting Chief Operating Officer Mike Berman CT -Chief Technology Officer -Interim Scott Eastman CT -Assist Manager Safety & Security Lori Fox CT -Finance Manager Eunjoo Greenhouse CT -Chief Financial Officer Al Hendricks CT -Legal Counsel Ric Ilgenfritz CT -CEO Claude Jerde CT -Facilities Manager Molly Marsicek CT -Director of Customer Experience Kyoko Matsumoto Wright* City of Mountlake Terrace, Board Alternate Deb Osborne CT -Chief of Staff Geoff Patrick CT -Chief Communications Office Jacob Peltier CT -Manager of Security & Emergency Mgmt. Melody Smith CT -Executive Support Specialist Monica Spain CT -Media Relations Specialist Greg Stamatiou CT -Manager of Capital Dev & Delivery Nashika Stanbro CT-DEI Manager Mike Swehla CT -Deputy Director of Maintenance Jim Williams CT -Deputy Director of Transportation Rachel Woods CT -Executive Board Administrator Uriel Ybarra CT -Government Relations Manager Call to Order Chair Schuette called the June 1, 2023 Board of Directors' meeting to order at 3 p.m. The meeting was held in -person at 2312 W. Casino Road, Everett, WA 98204 and by Zoom. The meeting was recorded and livestreamed. *Attended meeting remotely **Names of those who were confirmed as attendees are included, others who attended remotely without submitting their names a Packet Pg. 56 6.5.a Board of Directors' Meeting June 1, 2023 Page 2 Roll Call of Members The Executive Board Administrator called roll. Attendance was as noted above. A quorum was present. Presentations Security Program — Transit Security Officer Update CEO Ilgenfritz provided opening comments. Roland Behee, Acting Chief Operations Officer, provided a Transit Security Officer (TSO) program update. The security enhancement strategic plan was a multi -year phased approach for 2022-2027. In 2023, the focus areas were the rules of conduct policy, social worker program, and establishing the TSO program. Seven security officers were onboard and in various states of training. The 2023 budget approved 18 TSO positions. The TSO program was created for several reasons including increasing the feeling of safety for employees and customers. Their training included 4 weeks in the classroom and 3-4 weeks in the field. TSOs were one component of a multi -layered approach to reporting and responding to security incidents and would coordinate closely with other frontline staff. The Board asked questions. Chair's Report Chair Schuette shared her top priority was safety and security. She supported the new TSO program and thanked staff. The next regular Board meeting was scheduled for July 6 at 3 p.m. Chief Executive Officer's Report CEO Ilgenfritz provided the CEO report. Community Transit successfully secured a $3.8 million 2023-2025 State Buses and Bus Facilities Grant Program for the Lynnwood RideStore remodel. The RideStore would be temporarily displaced during construction at the Lynnwood Transit Center. The temporary RideStore location was a retail space across from the Ash Way Park & Ride located on 164'h ST SW. Regarding government activities, the so-called "Blake fix" bill addressing the criminality of drug possession was signed by the Governor in May. Deb Osborne, Chief of Staff, traveled with Economic Alliance Snohomish County to visit the federal delegation in Washington D.C. as part of a county delegation. A summary of recent CEO meetings included attendance at the American Public Transportation Association (APTA) CEO conference in Houston. The Everett/Community Transit Joint Policy Committee would meet in late June to continue the work to develop a consolidated service plan. Overall, ridership reached a post -pandemic new high with almost 133,00 boardings. The Lynnwood Zip service was seeing record daily ridership and the Innovative Services pilots in Lake Stevens, Darrington and Arlington were currently compiling community feedback. The Board would receive a thorough presentation on the Zero Emission Program at the July Board Workshop. The State Audit Entrance meeting was held in early May and the annual audit was in progress. The new Chief Information Officer, Charles Stearns, would join the agency on June 26 and be introduced to the Board at the July Board meeting. An update was provided on union recall efforts. Hiring efforts including for journey mechanics and coach operators' positions were seeing progress with a count of 344.5 and an additional 49 in the pipeline. 2 Packet Pg. 57 6.5.a Board of Directors' Meeting June 1, 2023 Page 3 Committee Reports Executive Committee Chair Schuette reported on the May 18, 2023 meeting. The CEO report was provided and included a look - ahead at significant projects on the horizon for 2023. The Committee supported 3 Board members attending the APTA TRANSform conference in Orlando in October. The next meeting was scheduled for June 15 at 11:30 a.m. Finance, Performance, and Oversight Committee Mayor Frizzell reported on the May 18, 2023 meeting. The Committee reviewed and forwarded the Armored Car Services RFP #2023-020 and the April 2023 monthly expenditures and payroll vouchers to the consent agenda. The Committee reviewed the April 2023 sales tax and diesel fuel reports. CEO Ilgenfritz shared upcoming Board business for Summer/Fall 2023. The next meeting was scheduled for June 15 at 2 p.m. Strategic Alignment & Capital Development Committee Council Member Merrill reported on the May 17, 2023 meeting. The Committee received a briefing on the 2023 Committee Workplan. The next meeting was scheduled for June 21 at 2 p.m. Consent Calendar Council Member Daughtry moved to approve items A through H on the consent calendar. a. Award RFP #2023-020 Armored Car Services. b. Approve minutes of the April 20, 2023 Board Workshop. C. Approve minutes of the May 4, 2023 Board Meeting. d. Approve vouchers dated April 7, 2023 in the amount of $ 2,335,113.85. e. Approve vouchers dated April 14, 2023 in the amount of $ 3,358,496.61. f. Approve vouchers dated April 21, 2023 in the amount of $ 1,543,999.31. g. Approve vouchers dated April 28, 2023 in the amount of $ 5,287,464.85. h. Approve April 2023 Payroll: i. Direct Deposits Issued, # 433919-435405 in the amount of $3,788,877.36. ii. Paychecks Issued, # 111091 — 111155 in the amount of $64,212.56. iii. Employer Payroll Tax Deposits in the amount of $429,084.46. iv. Employer Deferred Compensation for IAM in the amount of $9,988.25. Council Member Merrill seconded, and the item passed unanimously. Board Communications Council Member Daughtry attended the Economic Alliance Snohomish County Washington D.C. Fly -In event. Mayor Frizzell provided and update on the new Lynnwood Transit Center garage and shared here excitement for the arrival of light rail. Adjourn The meeting adjourned at 4 p.m. #",e �Vwrk:) Rachel Woods, Executive Board Administrator 3 Packet Pg. 58 6.5.a Action Items 0 Q. m o: d d E E 0 U c N L 0 m .y 0 .N L E E 0 U a L 0 m M N O O ti O C N E M u 0 Q Packet Pg. 59 NEL, co n tytra Memorandum To: Board of Directors From: Greg Stamatiou, PMP, CCM, Director - Capital Development & Delivery Jeremy Maine, Senior Capital Project Manager Rhonda Wahlgren, CPPB, Sr. Procurement & SBE/DBE Specialist Date: July 6, 2023 Subject: AWARD: ITB #2023-003, Lynnwood RideStore Remodel BACKGROUND The design Task Order for Community Transit's Facilities Master Plan (FMP) Phase 6 for the Lynnwood RideStore Remodel project was awarded to Otak, Inc. on November 4, 2021 to develop Plans and Specifications for bidding purposes. The Project consists of selective demolition, remodel, and expansion of an existing one-story brick veneer building while working around, and in tandem with, Sound Transit and their renovation of the adjacent Lynnwood Transit Center. STATUS Invitation To Bid (ITB) #2023-003 was published April 19, 2023. Bid Documents were downloaded from our website by 33 contractors. A Pre -Bid Meeting & Site Visit was held on April 26, 2023 with representatives from four companies attending. Three bids were received on May 25, 2023 and one was rejected as non -responsive. Final bid results are: Bidder Total Bid Price 1 PCL Construction Services, Inc. $3,849,329.00 2 Kassel & Associates, Inc. $3,997,000.00 Lowest Bid After reviewing all bids, staff determined that PCL Construction Services, Inc. is the lowest responsive and responsible bidder. The IGCE for construction is $3,253,416 - $3,443,705. Although 10.6% above the original Engineer's Estimate, the total bid price is considered fair and reasonable, and bids were within a competitive range. The Strategic Alignment and Capital Development Committee reviewed this item at their regular meeting on June 21, 2023. The item was forwarded to the action agenda for the July 6, 2023 Board of Directors' Meeting. BUDGETIMPACT The 2023 Budget includes adequate funds for this construction work under Project #2015. RECOMMENDATION That the Board of Directors authorize the Chief Executive Officer to execute a contract with PCL Construction Services, Inc. for construction of FMP Phase 6, Lynnwood RideStore Remodel, for a not - to -exceed amount of $3,849,329.00. 6.5.a Page 1 Packet Pg. 60 6.5.a 0 Q. m o: d d E E 0 U c N L 0 m Miscellaneous 0 .N L E E 0 U d V m IL L m 0 Co M N O O ti O C N E s u 0 Q Packet Pg. 61 6.5.a n� co muitytran Board of Directors' Calendar of Events July - September 2023 Thursday, July 6 Board Meeting — 3 p.m. Wednesday, July 19 Strategic Alignment & Capital Development Committee — 2 p.m Thursday, July 20 Finance, Performance & Oversight Committee — 2 p.m. Tuesday, July 25* Quarterly Board Workshop — 1 p.m. Thursday, July 27* Executive Committee — 10:00 a.m. Thursday, August 3 Board Meeting — 3 p.m. Wednesday, August 16 Strategic Alignment & Capital Development Committee — 2 p.m. Thursday, August 17 Executive Committee — 11:30 a.m. Thursday, August 17 Finance, Performance & Oversight Committee — 2 p.m. Thursday, September 7 Board Meeting — 3 p.m. Wednesday, September 20 Strategic Alignment & Capital Development Committee — 2 p.m. Thursday, September 21 Executive Committee — 11:30 a.m. Thursday, September 21 Finance, Performance & Oversight Committee — 2 p.m. Online Meetinas Calendar *New meeting dates Packet Pg. 62 6.5.a Community Transit Sales Tax Report for May 2023 Sales Tax Receipts: Dollars in Millions May Cumulative Year to Date 17.2 16.5 16.9 79.5 79.5 81.6 0 2022 2023 2023 2022 2023 2023 Actual Budget Actual Actual Budget Actual u May 2023 Results Cumulative Results May 2022 Actuals $ 17,208,510 2022 Actuals $ 79,454,445 May 2023 Budget $ 16,461,014 2023 Original Budget $ 79,465,488 May 2023 Actuals $ 16,905,187 2023 Year to Date $ 81,619,642 Comments: * Sales tax receipts reported for the month of May 2023 reflect purchases made in March 2023. * The growth rate for May 2023 as compared to May 2022 is-1.76%. * The growth rate for year to date vs. prior year to date is 2.73%. Sales Tax: Actual, Budget, and Future Year Projections $224.6 $233.6 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Blue = Prior Year Actuals Orange = Current Year Budget Purple = Future Year Projections Packet Pg. 63 6.5.a Packet Pg. 64 6.5.a System Boardings — Quarter 1 Boardings increased by 29�o from 2022 to 2-O2.i. 1.1M 1.3M 1.6M System Total )ART (anpool >wift sus 2021 2022 2023 Vanpool DART rni Weekday Saturday Sunday LL r Daily Boardings o U 22 K Fro 4K1 d 11 K +2K CU m M " 8K +2K o 0 O E V a Packet Pg. 65 6.5.a System Boardings Goal On track to hit 2023 goal or n.a million boardings Year-end Goal 24% .9M of goal achieved 2AM Quarter 1 Bus Swift Vanpool DART 3K Packet Pg. 66 6.5.a Fixed -Route Performance Trend % Change Boardings 4 +29% Q1 2023 1.5M Slightly less than the regional average year -over -year increase of 32% Q 1 2022 iWA Yakima Transit 54% Ben Franklin Transit 51 % WTA 39% Spokane Transit 37% Sound Transit 34% Pierce Transit 32% Everett Transit 32% King County Metro 31 % RiverCities Transit 29% Community Transit 29% Kitsap Transit 26% Intercity Transit 22% C-TRAN 20% +32% Link Transit 17% Average N r L 0 Q 0 E E 0 U c CU L 0 m .y 0 E 0 U r 0 CU a CU 0 m M N 0 0 a Packet Pg. 67 6.5.a Fixed -Route Performance Trend % Change Q1 2023 Q1 2022 Boardings +29% 1.5M 1.2M Customers +59% 10.5K 6.6K (Estimated Avg Weekday) Boardings per +33/0 o 17.7 13.3 Revenue Hour On -Time + -2.5% 75.5 /0 o 78.0% 0 Performance points Completed Trips p p +0.7% 99.0% 98.3% point N r L O Q E E 0 U CU 0 m .y 0 LL r 0 U CU CU 0 m M N tD O ti O r C t V R Q Packet Pg. 68 6.5.a Fixed Route Year -Over -Year Weekly Boardings (7-day weeks only) 250K 150K 100K 50K OK 2014 to 2011 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov D 0 Q. m E 0 U c 0 m N r 7 0 C LL r E E 0 U r Y tc o_ L 0 m M N to 0 E 0 2 a Packet Pg. 69 6.5.a Vanpool Performance Boardings Trend % Change +51 % Q 12023 Greater than the regional average year -over -year increase of 36%. Ben Franklin Transit King County Metro Community Transit ' Intercity Transit WTA Spokane Transit C-TRAN Kitsap Transit Pierce Transit 51% 37% 27°/> 270 21% 15% +36% 3% Average Q 1 2022 62% 59K ME N r L 0 Q E E 0 U CU U) 0 m .y 0 r E 0 U CU a L CU 0 m M N w O 0 E 0 a Packet Pg. 70 6.5.a Vanpool Performance Trend % Change Q1 2023 Q1 2022 Boardings +51 % 90K 59K Customers +50% 1.5K 990 (Total Rode) Boardings per � +3/0 o 4.9 4.8 Revenue Hour Operating Groups +16% 253 219 Days Operated per � o +7/0 16.5 15.3 Group per Month N r L O Q E E 0 U CU 0 m .y 0 L E 0 U CU L R 0 m M N CD E a Packet Pg. 71 6.5.a DART Performance Rnarding, Trend % Change i -1% Q 12023 26.2 K Less than the regional average year -over -year increase of 23% Ben Franklin Transit C-TRAN Link Transit Spokane Transit 29% Pierce Transit 25% Everett Transit 23% WTA 23% Yakima Transit Intercity Transit King County Metro RiverCities Transit Community Transit Kitsap Transit 12% 8% -1% -2% 2 D% 1S% Q 1 2022 44% 42% +23% Average 59% Packet Pg. 72 6.5.a DART Performance Trend % Change Q1 2023 Q1 2022 Boardings + -1 % 26.2K 26.4K Customers +3% 2.7K 2.6K (Total Rode) Boardings per + -3/0 o 1.77 1.83 Revenue Hour On -Time -5% 76 o 81.3/0 0 Performance points .6/0 Completed Trips -2% 97.9% 99.7% points N r L O Q E E 0 U CU L 0 m .y 0 L E 0 U CU L R 0 m M N tD 0 ti 0 r c a� E M Q Packet Pg. 73 6.5.a DART Year -Over -Year Weekly Boardings (7-day weeks only) 5K 901 4K ^ 3K 2G« 2K ' 2023 2021 1K 2020 OK Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov nPr N r L 0 Q E 0 U E L m 0 Co 0 L r 7 E 0 U a CU 0 m M N CD 0 E a Packet Pg. 74 6.5.a Summary • Fixed -Route and vanpool boardings and customers are up compared to 2022. • DART boardings and performance are down. • On track to hit 2023 goal of 6.8 million boardings. N r L 0 Q 0 E E 0 U C CU L 0 m .y 0 C LL r r E E 0 U r 0 0 to d L R 0 m M N tD O ti O r C 0 E M V R Q Packet Pg. 75 6.5.b Seashore Minutes 6-2-2023 The meeting was called to order at 7:33 AM. Stephanie Pure reported that the Regional Transit Committee (RTC) will be taking up Safe Reform, RapidRide Expansion, and Rural Services at the next meeting. Mike Dee from the Lake Forest Park Citizens Commission provided public comment. He suggested some bus transfers that need to be improved. Sound Transit should stop at all Metro stops. Bikes should pay extra. Buses are not covering the first and last mile connections and Community Ride was cancelled. The May meeting minutes were unanimously approved. Sound Transit CEO Julie Timm presented to the group. Sound Transit is divided into five subareas. Seashore is represented in the North King, East King, and Snohomish subareas. There are currently 25 miles of light rail. After ST2 in a few years that will go to 62 miles, and by ST3 116 miles. Stride BRT will be quicker to the airport than Link from downtown Bellevue. Sound Transit has struggled to keep up with cleaning of the system as well as a lack of safety employees. ST's vertical conveyances have also been challenged. All these standards will need to be improved before opening new lines. Link is back to 90% of pre -pandemic levels, while ST Express and Sounder continue to lag. This summer will see the opening of Hilltop in Tacoma. East Link continues to be delayed by issues with the plinths. Lynnwood Link is currently on schedule to open late 2024. Federal Way Link is delayed by wetland issues. Redmond should open in 2025 with East Link. The Lynnwood garage is opening soon. Lynnwood Link will be opened with less frequency and cars due to the East Link delays. The 1301" infill station will open in Q2 2026. There will be some service disruption when that station opens, but most will be in the middle of the night. Costs are rising for all construction projects across the country. Jim Hammond from Shoreline asked about the integration of other modes with rail. With climate change we are very interested in shared use mobility hubs. A—ST partners with our service partners to create a network but must stay within our budget. We must have multimodal connectivity. CM Goldman from Lake Forest Park said he preferred more frequent service with three car trains rather than four car trains. He also suggested keeping the 522 going to Roosevelt until Lynnwood Link is fully operational. CM McConnell from Shoreline said she has been using the light rail from Northgate and doesn't like the airport connection. She doesn't believe that people should have to pay for parking. It discourages transit ridership. A —We are using more security and fare ambassadors to provide information to riders. As for parking, ST is looking at a paid parking model soon. Carpools and lower income with be charged less. This is coming to the board this fall. Chris Arkills of King County asked if opening an East Link starter line would affect the opening date of Lynnwood Link. A —they can't open at the same time, but it shouldn't affect Lynnwood Link opening, but it will be at a lower level of service. CM Paine -Donovan from Mountlake Terrace that a public restroom is needed at the station there. The city is disappointed in this. A—Boardmember Baker of Kenmore is a huge advocate for bathrooms on our system. We need to make some bathroom facilities available to our riders. Packet Pg. 76 6.5.b CM Kassover said Lake Forest Park is affected by 522 BRT (Bus Rapid Transit) construction. She asked for more open and honest communication between ST and the city. A —we will work to improve communication. Tom Pearce from WSDOT reported on Revive 1-5. It is an aging structure. Repairs are not fully funded. Tom Collins, the project engineer said that the entire project was not funded by the legislature, so WSDOT is prioritizing urgent needs first like the Ship Canal bridge. The project has been split into two. The southbound portion and northbound ramps are the first project. The new project will go out to bid in October and start construction next summer. CM Kugler of Kenmore asked if there is a map of the project to be constructed. A —the Revive 1-5 website is linked in the chat. The good news is that the Ship Canal bridge repairs will not happen during the World Cup. CM Kassover said she was concerned about the legislature didn't fund these repairs. A—Azim Sheikh- Taheri answered that the legislature prioritized new projects over preservation. We got about 40% of the preservation dollars we requested. CM Paine asked about the fish passage at McAleer Creek. A —it will be completed in 2024-25. Bridges over the creek will require it to be lined in a pipe in places. CM Paine -Donovan mentioned the complex interchange at the King -Snohomish line and stressed the need for pedestrian infrastructure. A —we don't have funding for pedestrian improvements, but the design builder may include them. The legislature also mandated complete streets but didn't fully fund them. Stephanie Pure of King County Metro asked about the transit impacts of the project. A —One positive is that Lynnwood Link will now be open before the 1-5 work and Community Transit will be discontinuing commuter bus service to Seattle. The ramps at 45t" and 50t" will hopefully not be closed at the same time. We will be constantly working with our transit partners. Stewart and Mercer are busy ramps, but there is also an express lane option for those two. CM Kassover asked if they were working with the Port to reroute truck traffic. A —we are coordinating with the Port, but it is unclear what we will be able to do. The meeting was adjourned at 8:55 AM. Attendees: Amanda Pleasant -Brown, KC Metro Angela Kugler, Kenmore City Council Azim Sheikh-Taheri, WSDOT Chris Arkills, KCM Government Relations Chris Eaves, Seattle DOT (Good morning). Doris McConnell, Shoreline CC Elsa Brown, Regional Affairs at the City of Seattle Erik Ashlie-Vinke, Sound Transit James Randolph, DM Woodinville Jeffrey Perrigo, DPW, Lake Forest Park Jim Hammond, City of Shoreline Packet Pg. 77 6.5.b Julie Timm, Sound Transit Larry Goldman, CM, LFP Matthew Kenna, WSDOT, Planning and Policy Analyst Mike Dee, Lake Forest Park Citizens' Commission, LFPCitizensCommission2@Gmail.Com , (206)-607- 9409 Nilu Jenks, Seattle City Council D5 candidate Nytasha Walters, City of Shoreline staff Rory Paine -Donovan, Mountlake Terrace CM Stephanie Pure, King County Metro Susan Paine, Edmonds Council Tom Pearce, WSDOT communications Tom Collins, WSDOT Public Comment: (Sent Fri 61212023 7:31 AM) Howdy Mike Dee here, Hi, Here is sone Public Comments I would like to submit. Thanks, Mike Dee "My potential "Public Comment" writing & thinking here: Having the Required- First Mile & Last Mile Connections in multiple North King County cities, continues to be a challenge and issue for our local Bus Service Providers. For Lake City riders, simply having the Sound Transit buses stop at King County Metro Stops in Lake City, Seattle also, would be an easy solution, that is very important, to connect riders to other bus connections and options, and also limit the distances to these Bus Stops for people. If I understand and recall this correctly: On the weekends, King County Metro buses, do not continue past Lake City, Seattle (they End Service at Fred Meyer's in Lake City), meaning all cities down the line on SR-522, don't even get Bus Service from those King County Metro Buses, including Lake Forest Park, Kenmore, Bothell, and Woodinville. The fare amount for King County (K.C.) Metro Buses are lower than Sound Transit's fare amount. ($2.75 vs. $3.25). K.C. Metro Bus Drivers also give and observe paper bus transfers, that allow the purchaser / holder to continue to ride, board other KC Metro Buses, and not have to pay again, during the 1.5-2 hour window after purchase. For Sound Transit Riders without ORCA-One Regional Card for All, Cards, like those paying by Cash, they are expected to pay for each bus they board, even if within the one & a half to 2 hour window, that the paper transfer on King County Metro would have covered the cost of the bus for. Packet Pg. 78 6.5.b A cash rider may have to pay for two bus systems, King County Metro and Sound Transit, for their trip, more than doubling the cost. ($2.75 + $3.25) The Lake Forest Park Bus routes only cover certain parts of the city, and out of the 2 Community Connection Solutions identified in 2015, as needed to address this concern, and finally put in place in 2019 ? The Shoreline / Lake Forest Park Community Ride (Community Ride — A reservation -based service that travels within a specific service area based on where people want to go.) option was Suspended on March 20th, 2021.shoreline-lake-forest-park-community-ride.ashx (kingcounty.gov) Kenmore has limited Bus options to get around their city, but part of the city has the Metro Flex option Bothell also has limited options, and also a little bit of Metro Flex options. Woodinville has a challenge to get additional buses, and does not appear to be serviced by Metro Flex. Woodinville's Bus Access Challenges were so great, that our People Experiencing Homelessness, by Surviving in Tents, the Non -Profit, Camp United We Stand, could not happily consider a church that was offering to host us, as a preferred site, due to the long distances from not only Bus Service, but even Shopping options to get basics like food, probably meaning that those that live near there, basically live in a Food Dessert, without even Public Transit, to help them access food. Metro Flex - King County Metro - King County OK, I will stop for now." 4 Packet Pg. 79 Aurora Ave/E Line Project Seashore Transportation Forum July 7, 2023 ka a King County Seattle �I1 Department of METRO Transportation Packet Pg. 80 6.5.c Presentation Overview Project Background Corridor Issues and Opportunities Aurora Ave Vision Project Timeline and Phasing Community Engagement Next Steps kgKing CountyI\ Seattle METRO 0PacketPg.81 Project Background and Overview Joint agency project between SDOT and King County Metro Planning study to define long-range vision and cross sections for Aurora Ave N with emphasis on safety, mobility, and accessibility Focus on safety for vulnerable users Identify priority spot locations Identify potential transit service improvements and connections as well as safety and security upgrades 6.5.c gKingCountySeattle METRO Q,I,N � Packet Pg. 82 6.5.c Aurora Ave I Issues and Opportunities % Included in Seattle's High Injury Network for traffic collisions WRapidRide E Line is one of the busiest frequent transit routes in the region I• High priority for sidewalks and pedestrian crossing upgrades with 30+ blocks of missing N sidewalks and long gaps between controlled crossings c5� No bike facilities on Aurora and few bike connections across Aurora MW Designated major truck street with business access needs along Aurora Lack of greening and tree canopy I MDrainage, limited right of way, business access challenges kgKing County I\ Seattle METRO �' Packet Pg. 83 6.5.c Draft Aurora Ave Vision • Is safe for all users and has no serious or fatal traffic We envision an c°`l'S'°ns • Has accessible, rapid, and reliable bus service Aurora Corridor .Serves mobility needs as part of the City's multi -modal that: transportation system • Supports active street uses and the City's growth strategy and land use vision * Encourages zero and low -emission transportation options and incorporates environmentally sustainable features 5 LQ King Count0 yII Seattle METRO Packet Pg. 84 6.5.c Past Aurora Ave Improvement Efforts Longstanding priority for pedestrian and transit improvements WSDOT published SR 99 Route Development Plan in 2003 2009 Aurora Traffic Safety Corridor Short-term, low-cost treatments Education and enforcement efforts Small-scale spot improvements during recent corridor repaving in 2019 WSDOT grant secured for planning study in 2021 Aurora Ave N at N 76t" St kgKing Count0 yI\ Seattle METRO l Packet Pg. 85 6.5.c Project Phasing and Schedule We are here! • Initial community member and stakeholder outreach • Establishing interagency partnerships • Data collection along the corridor • Use community input and corridor/transit data to continue to develop preferred design • Identify project risks and opportunities •Identify and define design constraints with partner agencies • Stakeholder design workshops to develop corridor and transit concept altcrnatixioc • Document preferred concept design • Design near -term safety spot improvements to 90% gKingCounty I\ Seattle I Packet Pg. 86 METRO 011" 6.5.c Phase 1 Community Engagement Digital Engagement: Online survey (2,082 responses) Social media, blog, web, listsery Multicultural media and digital campaign Parental engagement In -Person Engagement: Pop-up events Door-to-door outreach with > 100 businesses One-on-one community group and CL conversations Bus signs along corridor Project area ethnicity and survey participation ethnicity Hispanic or Latino 79.6 896 2 or More Races 696 01A Other Race Alone 6 8.0°,L Native Hawaiian and Other Pacific Islander C)D,6 Asian Alone 13% Mi 149d American Indian and Alaska Native 1% 2.0°,4 Black or African American . 41A 4% White alone 13% 0% 10% 20% 30'6 40'6 50% 64% 70% 80% ■ Project Area ■ Survey Participation Travel mode for people traveling everyday more than once a day on Aurora Ave 11% 7% ■Bicycle 896 ■Bus ■ Car/truck/delivery/or other motor vehicle Other ■ Walk gKingCounty I\ Seattle METRO 1' Packet Pg. 87 6.5.c Phase 1 Community Engagement- What We Heard Top concerns: Social concerns (crime, personal safety) Physical walk safety for people who Collision reduction and general infrastructure Social concerns, lack connectivity, bus stop accessibility identified concerns for transit of locations, and as top Most avoided pedestrian crossings located in north end of corridor What other safety improvements or changes woutd you Like to see along the Aurora Ave N/State Route 99 corridor that are not mentioned above? 9A% 4% IE .20.6% 22.7% .5% ■ Social concerns (personal safety, criminal activity, ■ Collision reduction homelessness, sex workers, enforcement, etc.} Mower speed, signal improvements, etc } ■ Transit Improvements and Connections (cle3rwr u615,/1rantit slatiow.; rnm@ Iws connectivity antmobility/bus lanes, etc.) ■ Pedestrian Safety iind Ac[Cssibility (trpsSing, protCtted sidewalks, fnalbridgc!, overpass}pedestrian runnel, etc.( Bike Safety and Mobility (Protected barrier, bike lanes, etc.) ■ General Infrastructure Safety (visibility, signs, lights, lane use, etc.) 0 Other (urban plannirsg, recreation areas« etc.I ■ N/A tdid not provide input) gKingCounty I\ Seattle METRO 1' PacketPg.88 0 a d LY E 0 U CU 0 w 0 4- L m I a� 0 t ru to I M N N r` ti r R r a Phase 2 Engagement Goal: Engage residents, businesses, and people who travel along the corridor in the co -creation of concept designs Held series of ""participatory workshops" with populations underrepresented in phase 1 outreach Hosted six intensive collaborative design workshops with key stakeholder groups 6.5.c v N n O E v -A-AW gKingCountyI\ Seattle METRO �l Packet Pg. 89 6.5.c Aurora Ave Project -Next Steps Compile feedback we heard through design workshop into series of concept design for corridor Conduct analysis and traffic modeling to validate feasibility of concepts Solicit input from community on preferred concept design options later this year Implement safety priority near -term spot improvements gKingCountySeattle METRO Q,I,N � Packet Pg. 90 0 E 0 U L R 0 w 0 4- m L 0 U) M N O N ti a r 44 •" - � '" 't �,� <. � _. ::� . � 4 ter � � u Zr r 5 � � r - S y c, , At / :?'£amt'R(♦ `s ;S�k, '�. x .. r�--"F .`{ r 'f -0{{ ::'kh gyp" k.. / ,r �le •' :f iY' t n ,r , i F . a 1 Contactour-=r: ec -",.Tea M . aurorastud @sgov 2 05-620 �. y 11 QQNMiifnn SEATTLE loI' t x 6.5.d ZACK HOWARD iDOT Complete Streets in King County Seashore Transportation Forum July 7, 2023 SNO-KING COMPLETE STREETS TEAM LEAD Packet Pg. 92 6.5.d Working togethor implement your community's vision • Share WSDOT's Complete Streets priorities • Offer opportunities to work together so highway corridors will support all modes safely and connect to planned networks • Support your vision for highway corridors, as identified in local comprehensive plans E + Whatcom O San Juar V S 7ah Skagit Ul- Clallam 2024 Due December 31" M � N L $nOlIQR115h M O Douglas to Kittitas O Ke rrrrrrrrrrrrrr Q 0 Yakima � Columbia M N G N Skamania Bent 9 Walla Walla N 16- G Ago R M o �1 nr� 2025 Due June 30- 0 202G Due June 30- 2027 Due June a+ C Ar Starred counties are partially planning under the Growth Management Act 0 E N Q. E Goal: We want to be aligned with your vision- so we safely and efficiently meet the y needs of all those traveling on or across the state highways a Packet Pg. 93 .fir r Complete Streets are ... A J. -P. blip ,x I Planning, designin. :, y " budding, operating, a l rYlaintaining streets Providing safe access fGr all a people Ulu • Safer People Safer Vehicles SAFE t SYSTEM APPROACH Post -ems cNe Safer Roads Safer Speeds WSDOT 3 6.5.d Complete Streets in Washington State Adopted Complete Streets Policies (a subset) Mill Creek Te = _ Edmafld rrw��d. N-Drrh Creek - Malt Ki7��tni NIaurl .=•,E?TerraCE? Bothell -- .1❑ Fore _= - go Both I,ai ' JS�'l `vf'•sl D eiff t _.ram"" Kenmore Cork,3ge Gak-p Du,*,' Duvall u ' f 5 Fxprps�, �i ti rah[ 0, wazersher Kirkland 'r nd F.-r `°'-'-- `-II I- -- Redr*,', Red mo A Hill } Forest YC Car OE Carpat'�" 3a nd . _ Bel I Bellevue ` 53Y11iT1 �itTll3h o- Issaqua" iovnt + 5noi&' Snoqualmie �Ot f ff Packet Pg. 95 6.5.d Complete Streets Requirement Added to Chapter 47.24 RCW - CITY STREETS AS PART OF STATE HIGHWAYS Purpose: "(1) In order to improve the safety, mobility, and accessibility of state highways, it is the intent of the legislature that the department must incorporate the principles of complete streets with facilities that provide street access with all users in mind, including pedestrians, bicyclists, and public transportation users, notwithstanding the provisions of RCW 47.24.020 concerning responsibility beyond the curb of state rights -of -way." Applies to "state transportation projects starting design on or after July 1, 2022, and that are $500,000 or more" Applying Complete Streets to Projects Projects: • over $500,000 beginning design on or after J u ly 1, 2022 — in incorporated cities, — in areas where active transportation gaps have been identified in WSDOT or local plans, OR — in overburdened communities Allowable Complete Streets solutions may include reallocating space within the existing area occupied by transportation facilities, including reduction in the size and number of vehicle lanes and reduction in vehicle speeds. Packet Pg. 96 • • �, 6.5.d Complete _ E Streets �- Requirement "[M]ust: (a) Identify - ri N those locations on • • o state rights -of -way ti that do not have a - • - • - �- o complete and 0 Americans with co disabilities act o accessible sidewalk ` = - •=rr `°�.�` �='. or shared -use path,"=` a fkk AarPacket Pg. 97 No Bike facilities; {t •.ti► � 1111 NOT COMPLETE Bike Lanes +q r .y Jib y X d err - � �� •.� �,..� 7* - - _ 4 COMPLETE ldmbl �WWWSDOT Complete =* Streets quirement "[M]ust: (a) Identify those locations on state rights - of -way ... that have such NOT COMPLETE facilities on a state route within a populationBufferer? "are7d se center that has a posted speed in excess of 30 miles per hour and no = buffer or physical17 separation from vehicular traffic for pedestrians and bicyclists" a NOZ 6.5.d Yr i4E m E O U) O m 0 0 0 M N r a N r r �' • (D L r f O U) M . W f .s E Q Packet Pg. 99 6.5.d Complete Streets RequireML "[M]ust: (a) Identify those locations on state rights - of -way ... that have a design that hampers the ability of motorists to see a crossing pedestrian with sufficient time to stop given posted speed limits and roadway configuration;" 155walK V ISID1iity 27 e E E O N O m d N 0 ti 0 0 M 'N O N L 0 M U) CU CD E CO Packet Pg. 100 6.5.d *+lete Require "(b) Consult with local jurisdictions to confirm existing and planned active transportation connections along or across the location; identification of connections to existing and planned public transportation services, ferry landings, commuter and passenger rail, and airports; the existing and planned facility type(s) within the local jurisdiction that connect to the location; and the potential use of speed management techniques to minimize crash exposure and severity;" Level Of Traffic Stress 1 T- 2 3 Y Ev rett Snoh.r„kh — q �Q 1 r reap Stie r RellevJue ` Kind l Tacoma Pi Link Light Rail Everett Mukilteo� Mariner Sounder Rail Infill Station or Lynnwood Added Parking. Edmonds i J Bothell Improvements f • Shoreline Woodinville Bus Rapid Transit (BRT) Northgate Redmond Bailer Kirkland UW Sammamish • Bellevue Seattle West Mercer Seattle Island • Issaquah Burien a Renton SeaTaclAirport • Tukwila Angle Lake Des Moines Kent Federal Tacoma Way Auburn Tcc +'% Tacoma Fife Sumner South Tacoma Dome • Lakewood Puyallup A Tillicu� N DuPont E Everett Si 1, levue • coy u ~A porn, y E 0 tU L M O Cal ti O ti O M N O N L O L V) R a) C O c N E U C W V M r� Q Packet Pg. 101 6.5.d plete 9 - Require •PI "(c) Adjust the speed limit to a lower speed with appropriate modifications to roadway design and operations to achieve the desired operating speed in those locations where this speed management approach aligns with local plans or ordinances, particularly in those contexts that present a higher possibility of serious injury or fatal crashes occurring based on land use context, observed crash data, crash potential, roadway characteristics that are likely to increase exposure, or a combination thereof, in keeping with a safe system approach and with the intention of ultimately eliminating serious and fatal crashes;" 40 MPH Y out 01 IU peaeslrions survive, z� wi vi iu peae5mons survive. Only 1 out of 10 pectesfrians survive. Source: Target Zero 2019 Packet Pg. 102 6.5.d Complete c - Y&%&%#s Requirement "(d) Plan, design, and construct facilities providing context sensitive solutions that contribute to network connectivity and safety for pedestrians, bicyclists, and people accessing public transportation and other modal connections, such facilities to include Americans with disabilities act accessible sidewalks or shared -use paths, bicyclist facilities, and crossings as needed to integrate the state route into the local network." Packet Pg. 103 6.5.d Basic LTS General Linear LT5 no Sidewalk f no narked bike lane / with or without shoulder La n es AADT <=20 25 30 35 40 45 50+ 1thru lane per direction (or 1 lane one-way street) 0-750 1 1 3 4 4 4 4 751-1500 1 2 3 4 4 4 4 IL501-300C 2 2 3 4 4 4 4 3000+ 2 3 3 4 4 4 4 2 thru lanes per direction 0-6000 3 3 3 4 4 4 4 >6000 3 3 4 4 4 4 4 3+thru lanes per direction,Any ADT 4 4 4 4 4 4 4 ConventionaI Bike Lanes (5' or greater) Lanes AADT <=20 25 30 35 40 45 50+ 1 thru lane per direction (or 1 lane one-way street) 0-750 1 2 2 4 4 — — 751-1500 1 2 2 4 4 4 — 1501-3000 1 2 2 4 4 4 — 3000+ 2 2 2 4 4 . — 2 thru lanes per direction 0-6000 2 2 3 4 4 4 — >6000 3 3 3 4 4 — — 3+thru lanes per direction An AUT 1 3 3 4 4 4 4 — w E E 0 U 0 m a� 0 0 ti 0 M N O N L 0 t Cn c 0 r r c 0 E a� a E CO U r C 0 E 0 a Packet Pg. 104 6.5.d LTS and active traveler types All riders Most riders Few riders 1% of riders LTS 3 Packet Pg. 105 Level of Traffic Stress - Pedestrian A ik it All people Most people Feuer people LTS .3 1 of people 6.5.d E E 0 tU c N L 0 m 0 r- 0 I- 0 M N O N N L 0 L U) m d U) C d E Q E U) U c W E t ca Q Packet Pg. 106 6.5.d Level of Traffic Stress—WSDOT Characterization Characteristics air LTS 1 419P LTS 2 A F �LTS 3 1 9F LTS 4M Stress minimal/none low moderate high Required attentiveness minimal/none low moderate high (to traffic) Unsupervised all ages and 8 years and up adult adult Suitability abilities Accessibility all ages and possible likely presents barrier to abilities limitations limitations wheeled mobility for wheeled for wheeled device use mobility device mobility device Traffic conditions low speeds moderate higher speeds highest speeds and volumes if speeds and and volumes and volumes, facilities are near volumes typically multilane traffic roadways w E E 0 U c N R 0 m 0 0 0 Cl) N (D N L 0 M U) cu 0 E U) U r c M V a Packet Pg. 107 � r • • • • • CS Step #2 CS Step #3 CS Step #4 r CS Step #5 March 2023: April 2023: May 2023: June 2023: July 2023: August 2023 - ? 14 WSDOT/Monroe WSDOT/Monroe WSDOT/Monroe WSDOT/Monroe WSDOT/Monroe 2023/24: Meeting #1 Meetings 2 & 3 Meetings 4 & 5 Meeting #6 Meeting #7 WSDOT/Monroe •Introduce WSDOT CS -Develop Alternatives •Review Alternatives *Community *Select Preferred Meetings as needed Legislation & -Develop Evaluation Analysis & Trade -Offs Engagement Alternative *Develop Design Framework Criteria *Develop Community *Develop Community •Set Objectives & Outreach Plan and Engagement Timeline Materials Summary •Review Existing Conditions (Data) *Review Local Context SnoKing Complete SnoKing Complete SnoKing Complete SnoKing Complete SnoKing Complete Streets Team Streets Team Streets Team Streets Team Streets Team Briefing L Collaboration Collaboration 0 Concurrence Concurrence at 1 30%, 60%, & 90 WW WSDOT 6.5.d 120305C: SR 203/NE 124th St Vic to US 2 - Paving With Exceptions 0 - #1 s. �h a IN Hill S! in 'd 2 2 S,c•I vo',.nbia St g 'N -remcm Si A 4103up 31 _ .o F N ���gitie PI� City of Monroe in ` Snohomish County 1 State Route 203 E 9tre,tt,5t MP 23.73 to MP N 24.17 BURS' Sr E dill St �� P� Project is located N w near the downtown area from F•en oir G1 McDougall Street to US 2 Mz Daugall 5 t r Packet Pg. 109 R 2U3 (Monroe) - Existing Active Transr 7 r fGlobal Heatmap - Ik Hut Blue P.,P6 G-y Red Pill O Map Styles Activity Type All &b Heat Dpacity Layers Map L.bel. • ' � � �.. Dark Light St..d.ird Q if "f R• ,f- i� o. • �. . -�. _ 7 , xI ` r1 -mow d'4. I � D�soovef how the heatmap was built.. m Learn how Strava Metro can help your • / h w a �i - � . . ` ' � .tip .,., -" ' ' • � 1 • m ` � � � fit. -/ / 00 Learn about heatmap updates. WSDOT • 9 6.5.d City of Monroe = Active Transportation Plans Figure 6; Existing Walking and Biking Facilities Fi ure.'LAMalkin and BiVi Priarit Network r-tc.w�w� aexdkluNiuxTrrl y r'4 &ryelrrPe,lesU�n �4e[ommc,Y�ry,e< i'.. ' --- Gf" Trii M 9 g 9 Y I :da'JNy Uma, e�ea, �.rRr', xuti r ~ / I — 8lsyc4rl{dnban +�uar*+ti del Qom � �� � i -•- GraNel imil r � �.�. .- .-' w 0 0 0 �j M N O N c E cC Q Packet Pg. 111 6.5.d Coming your jurisdiction! Active transportation ✓Feasibility studies ✓Corridor studies E E O tU 0 0 M N O N N L O U) M 0 ✓Com rehensive plans p ✓And more! U c E a Packet Pg. 112 6.5.d For more information: • We can provide technical assistance to facilitate the development of Complete Street alternatives that will enhance safety and support connections on and across our highways • We can assist your community as you define the needs and expectations along highway corridors that will inform your Comprehensive Planning • Resources on our Complete Streets webpage: https://wsdot.wa.gov/construction-planning/complete-streets Please reach out to: Zack Howard, howardz(a-)-wsdot.wa.gov Complete Streets Planning Lead, King and Snohomish Counties Packet Pg. 113 PORT COMMISSION OF THE PORT OF EDMONDS MINUTES OF REGULAR MEETING (Via Zoom, Hybrid Meeting) June 12, 2023 COMMISSIONERS PRESENT Steve Johnston, President Jim Orvis, Vice President Jay Grant, Secretary Janelle Cass (Via Zoom) a as David Preston m as STAFF PRESENT E E Angela Harris, Executive Director 0 v Brandon Baker, Director of Marina Operations Tina Drennan, Manager of Finance and Accounting L M0 W OTHERS PRESENT Jordan Stephens, Port Attorney p Dave Teitzel, Edmonds City Council N Frank Chmelik, Attorney N r m Mike Quinn, Mayor of Woodway y 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. WELCOME OF NEW COMMISSIONER Commissioner Johnston welcomed new Commissioner Janelle Cass, who was sworn in on June 5th APPROVAL OF AGENDA COMMISSIONER ORVIS MOVED TO APPROVE THE AGENDAAS PRESENTED. COMMISSIONER PRESTON SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. CONSENT AGENDA C'.nmmiccinnar errant ackPrl to mill the Mav R1 iniR MInI1tPC (Itam Al nn the ['nncant Ananrla Packet Pg. 114 771 point of order, Port Attorney Stephens advised that the best time to pull an item from the Consent 6.5.e Agenda is when the Commission is approving the meeting agenda. On Page 2, Question 3, 4th line, Commissioner Grant asked that the word "he" be changed to "Commissioner Grant" to add clarity. COMMISSIONER ORVIS MOVED THAT THE REMAINDER OF THE CONSENT AGENDA BE APPROVED TO INCLUDE THE FOLLOWING ITEMS: A. APPROVAL OF MAY 31, 2023 MEETING MINUTES, AS MODIFIED B. APPROVAL OF PAYMENTS IN THE AMOUNT OF $441,671.29 COMMISSIONER PRESTON SECONDED THE MOTION Commissioner Cass indicated she would abstain from voting on the minutes since she was not at the May 31st meeting. Port Attorney Stephens explained that a commissioner can vote on approving the minutes even if they weren't in attendance at the meeting. However, they also have the option to abstain from voting. Port Attorney Stephens suggested that Commissioners can notify staff of scrivener errors in the minutes prior to the meeting so that staff can make the changes and submit revised minutes. If it doesn't work out time -wise to do that, they can incorporate the requested change in the initial motion. THE MOTION CARRIED 4-0, WITH COMMISSIONER CASS ABSTAINING. PUBLIC COMMENTS Executive Director Harris read the following comment from Darrol Haug into the record as follows: "At your May 31 meeting, Commissioner Orvis made interesting remarks about housing. I would like to make a few comments about his remarks and offer additional comments and ideas. His remarks were realistic, and a key takeaway was it may be more cost effective to build housing than to use our various institutions for housing. When I spoke to you last, I offered some ideas of how the Port could provide added help to the community and to our city government. There are some seeds in these comments that if planted and cared for could help further engage the role of Port not only in the Port District but in the community as a whole. Our education system needs to better prepare our kids for today's economy. Jobs and income to be successful in the housing market. Performances below grade level for reading and math together with nrarluatinn rates in the mirl 80 nercent rin not nrenare mir kirls fnr niiality wnrk_ As part of the j Packet Pg. iL5j �' __-'_'__-._.. . ____- ... _.._ ....- -- r-' --''- _'- '' -- 1 ' -1-- - - -.. '- _'- ' -' _I-' ----- J _'-"_" ._ 1- 6.5.e facilities team, we have recommended to the School Board two things. Both recommendations are proven ways to improve outcomes including graduation rates. • Moving 6th grade students to middle school with 7th and 8th grade students would put ESD on par with most other Puget Sound districts. Data shows this will improve graduation rates. • More importantly, the facilities team has recommended moving to universal preschool (Ages 3-4). Data clearly shows preschool improves reading and math scores AND graduation rates. ESD has 3,000 kids in the age group and only 400 go to district -provided preschool. Yes, parents with resources do send their kids to preschool, but many kids are left behind this vital education step. The new capital gain tax on upper income folks will generate $500 million for early learning. ESD's share, if equally divided, will be $10 million or more than $3,000/kid. Local resources will be needed to fully fund universal preschool. Further reform is needed to provide a path for each kid to secure gainful employment upon graduation and that will be key for providing grads with the income necessary to secure housing. The Port has no direct role in either of these items, but individually, your support could be helpful. Commissioner Orvis' point is we need to find ways to increase the housing supply. Traditional market - based strategies do not adequately increase the housing supply. As a community, we need to sort out how we can increase the supply and variety of housing. To increase housing supply, we may need to think about various forms of subsidy. First, we need to understand the cost elements that go into our current housing. Here are some of the major cost elements: 1. Building materials: Often expressed as cost/square foot and varies based on finished quality. 2. Land. In the Port District (generally the bowl) land represents 60-75% of assessed value. Other parts of Edmonds outside of the Port District land represents 35-40% of assessed value. 3. Permits: Measured in $1,000's. 4. Mitigation fees: To contribute to parks and infrastructure. Measured in $1,000's. For multi -family or mixed -use, additional studies may be needed. Traffic studies for example. The Port O has some incredibly good data for the 345 homes that were planned for the Harbor Square r_ �° Development. That data could be updated to further help with this sort of analysis. Finding free or heavily -subsidized land and eliminating fees would reduce the finish price of a housing unit by more than 50%! The current Multi -Family Tax Exemption plan does little to create affordable housing. It only Q reduces a few units to a rate below market rate. More leverage or creativity is needed to produce affordable housing and more variety of housing. Accessory Dwelling Units, while interesting, do little to truly increase variety and supply. We may have parcels of land that are currently underutilized. Although not in the Port District, Five Packet Pg. Corners and Firdale Villaqe would be examples. The Wade James Theater is a very good exa IL6J underutilized land. That site is 2.2 acres, and the theater takes only a small portion of the land. As par of some work for the Economic Development Commission, I asked a developer to outline a proposal to save and upgrade the theater, create "affordable" units, provide units for 55+ folks and provide other units, as well. They came up with a concept of totally renovating the theater, adding 5,000 square feet to the space, building a 5-story complex, with no views at stake. Their proposal included 150 units, 32 truly affordable, 8 units for 55+ and the rest at market rates. They would buy the current complex at the current market value, a little under $2 million. Elephant in the room is the new state law dealing with single-family homes and other strategies to increase density. But the Grownup in the room may be the Port! You can help change the discussion to not only the numbers of housing units needed but the type and cost. Updating your Harbor Square data and creating some current data associated with the cost elements 1 through 4 above would do a great job of community service. The interactive work the Port did with the public input for Harbor Square could be done again, but not targeted for a revised Harbor Square development, but for creating some model developments for the future. The Port could play a role in facilitating the development of such data and modeling. You should carefully discuss how you may be of assistance to the community." There were no other public comments. PORT OF EDMONDS PROJECT SUMMARY Executive Director Harris said the purpose of this discussion is to review current Port projects. At the recommendation of Attorney Frank Chmelik, who will be presenting at the Commission/staff training meeting on June 20th, she will add in the elements of Commissioner engagement for each of the projects. • North Portwalk and Seawall Reconstruction. Executive Director Harris reported that this project includes both the seawall reconstruction and the new Portwalk surface, with updated railing, improved w 0 lighting, new dock safety gates, public art, updated landscaping, and new and updated public plazas. c a The Commission provided input into the project design starting in 2018 through 2022, and 30% design was completed on May 27, 2021 and 60% design on August 20, 2021. The project was submitted to m E the City of Edmonds for design review in April. The City provided some minor comments and r Q clarifications that they are in the process of responding to, and they are hoping to complete design review within the next six to eight weeks. The original target was to have the project at 90% design by October, and she would double check with the contractor to see if that is still the plan. Executive Director Harris emphasized that, at this time, any minor aesthetic changes would require them to resubmit to the City for design review. This could put the project back several months, Packet Pg. 117 permit fees would be required. Any major changes would require restarting the Joint Aquatic Resourc Permit Application (JARPA). Commissioner Preston asked if even very minor aesthetic changes would require additional design review. Commissioner Johnston answered that very small tweaks might be allowed, but anything else would require additional design review. Executive Director Harris reported that they are still waiting to hear back on the JARPA application, which was submitted over 18 months ago. They have completed the State Environmental Policy Act (SEPA) requirement and are currently waiting for design review. The Shoreline Permit application was submitted in April, and they are currently in the comment phase. They are waiting to submit applications for Building Permits and Hydraulic Project Approval (HPA) until the project is closer to construction, as both permits are only valid for two years. Commissioner Johnston asked if the Port has received any feedback from the consultant as to progress on approval of the JARPA Permit. Executive Director Harris answered that she hasn't heard any update, but she would check at the next meeting with the consultants. Commissioner Grant suggested they should have some expectation as to the timeline for the JARPA Permit. If the time drags beyond that point, they could start having someone like the Chair of the Commerce Committee write a letter. Executive Director Harris advised that, as the project gets closer to construction, the team will identify milestones. Pending funding, permitting, etc., they are hoping to submit a Building Permit application in October, go out to bid in 2024, and start construction in early 2025. • Administration/Maintenance Building. Executive Director Harris reported that this project is moving along well. They are currently waiting for a permit, and she is hoping to get an update later this week. They are still looking at completion in late August for an early September move in. They will start internal discussions soon about an open house in the fall. Commissioner Grant asked what type of equipment and furniture has been ordered for the new Commission Meeting Room. Executive Director Harris answered that the furniture would be very close to the example sent in by Commissioner Grant, allowing it to be moved around and reconfigured. Manager Drennan said the furniture has been ordered and received. They are on wheels and have a desktop and privacy screen. She got the idea from the Port of Seattle's meeting space. They will only be able to do two tables across, so some reconfiguration might be needed. Executive Director Harris summarized the AV equipment plan, noting that staff will start purchasing soon. • Rebranding. The purpose of the Port rebrand is to update the Port logo, slogan and color scheme while refining the overall brand identity. The scope for this phase of the project includes development of brand architecture, new logos for the Port, Marina and Harbor Square, new slogan/tagline for the Port and Marina, brand kit, collateral templates, and fully designed and developed website. Future Packet Pg. 118 will include signage, etc. Commissioner Orvis asked if the new logo would be available before a sign is placed on the new Administration/Maintenance Building. Executive Director Harris answered that a sign won't be placed on the building until the new logo design is ready. Commissioner Johnston encouraged Commissioners to respond to the survey they received today, and Executive Director Harris announced that the project would kick-off with a workshop session at the next Commission meeting that will be facilitated by the consultant. Following the workshop, she can begin to develop some milestones for the project. • Mid -Marina Breakwater. CG Engineering was on site in March looking at the Mid -Marina Breakwater, and they produced a structural observation report. The Commission selected a path forward using Option 3. Phase 1 involves replacing the lower four feet of timber lagging with new treated lagging. This work is currently being done with internal labor and is expected to be completed sometime in October. Commissioner Grant asked if a dollar amount was approved for the project. Manager Drennan answered that the original approval was $150,000, which was recommended to cover staff labor for Phase 1, as well as having a consultant design Phase 2. Executive Director Harris added that Phase 2 involves adding a steel strongback channel near the top of the vertical piles, and staff is currently preparing a bid packet to go out later in the week. Commissioner Grant asked staff to provide a summary of the anticipated project costs for the Commission's review. Commissioner Johnston noted that Phase 2 will require additional permitting since they will be beefing up the breakwater instead of just making repairs. • Atrium Windows at Harbor Square. Atrium windows are located at Buildings 1, 3 and 4 at Harbor Square, and they need to be changed out due to extensive leaking. CG Engineering is working to finalize the design. The original thought was to phase the project over a two -to -three-year period, starting with the west side of Building 3. Once the design work is done, they will submit for permits and prepare a general estimate for construction. Commissioner Grant asked if the Port has condition reports for the buildings at Harbor Square. During a recent walkaround at Harbor Square, he noted there is water penetration on at least one building. He voiced concern that they should never let buildings get to that point. Some of the buildings at Harbor Square look rather rough in certain areas, and a condition report would help them know what needs to be done. Manager Drennan advised that a condition report was completed a few years ago, but they haven't finished making all of the repairs identified. She agreed to locate the report and forward it to the Commissioners. Executive Director Harris said she would like to have a view of all of the needed projects and repairs for the Commission and staff to discuss at the upcoming Strategic Planning Retreat. Manager Drennan explained that the water damage at Building 3 was not visible because it was sealed off behind the walls. Commissioner Grant said he knows of a company that uses a rather inex Packet Pg. 119 device to see water penetration behind walls. At airports and seaports he worked at previously, this F 6.5.e inspection was done every five years. Commissioner Orvis recalled that when the Port took over Harbor Square in 2007, the roof on Building 5 sagged. They had to lift that entire corner of the building. They also had to jack up one end of Building 4 to so the crack in the back wall could be repaired. Manager Drennan added that major repairs were needed on two of the buildings when the Port took over. With Building 4, the crack was so large that a slender person could walk through it. Commissioner Johnston pointed out that there are compressible fills under the buildings, so subsidence will continue to stress the structures. Commissioner Grant asked which building at Harbor Square the reserve fund for potential contamination would apply to. Commissioner Johnston answered that the potential contamination would be primarily under Building 4 but could extend to Building 5. Commissioner Orvis added that it could also include a small area under the northeast side of the parking lot at Building 2. He noted that the parking lots around Building 4 have already been redone. Commissioner Johnston said the good news is that the parking lots and buildings are providing an effective cap for the time being. Commissioner Preston asked if the atrium windows could be replaced quicker. He felt that two to three years seems too long. Manager Drennan said the phasing was based on the Port's available funding. It will cost more than $300,000 to replace all of them. • Grant Funding for the North Portwalk and Seawall Reconstruction Project. Executive Director Harris explained that the Port is currently pursuing four different grants for this project. Staff is currently pulling together overview information for each of the grants and working with the lobbyist, Elevate, to secure a grant writer. They are reviewing the grant requirements and laying out a communication plan with local stakeholders, elected officials, etc. At the next meeting, she will present requests for specific Commission support. The lobbyist is looking at a timeframe for a trip to Washington D.C., and it would be great if multiple Commissioners would be willing to travel for that. Commissioner Grant recalled last year, he sent former Executive Director McChesney information w regarding the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant p Program, which outlined who was awarded grant funding and why. One of the Port's biggest challenges a with the RAISE Grant Program is that it is usually given to supply chain ports and the focus is on transportation systems. This means they will have to pull in support and look at the Port of Edmonds as m E a transportation area. A short time ago, Representative Rick Larsen called him to discuss a number of r Q items in relation to grant funding. He asked him about potential earmarks, and Representative Larsen pointed out some of the things they did with Lake Ballinger with funding from the Army Corps of Engineers and other sources. Commissioner Grant expressed his belief that the Port cannot expect to get all of the needed funds from the RAISE Grant Program. In addition to potential funding from the four federal grants, the Port will have to look at funding opportunities from Washington State and its I Packet Pg. 120 various agencies. 6.5.e Commissioner Grant announced that the RAISE grant awards will be announced soon, and he heard a rumor that there may be supplemental funding for this year. The current funding level for grants is a once- in -a -lifetime opportunity, and the Port needs to carefully figure out how to take advantage of as many opportunities as possible. Executive Director Harris agreed and said they have been discussing how to tailor each of the grant applications to gain attention and call out the specific impacts of the projects. • Executive Director Harris advised that, at the next meeting, she would present preliminary timelines for Commissioner engagement. The timelines can be refined at the Strategic Planning Retreat. In addition to the large projects they are currently working on, they can also talk about the other projects that are coming down the road. Commissioner Orvis said they also need to talk about the amount of work that staff is doing in-house. They may need to add staff to accomplish all of the projects going forward. Executive Director Harris agreed. She said staffing was lean to start with, and managing all of the projects has stretched the staff. However, they have done a great job. 411 VAi12:4ONi19101933:141i1:41 Councilmember Teitzel reported that the City Council held a budget retreat in April, and one of the priorities discussed was the need to solicit citizen input earlier in the budget process. With that in mind, the City Council will conduct a series of workshops, the first being tonight at 7:00 p.m. at the Public Works Building. The purpose is to sit down with citizens and outline what the budget is, how it works, what the numbers look like, and how the citizens want the money to be spent. Councilmember Teitzel announced that a public hearing on the budget is on the City Council's June o 20th meeting agenda. On June 22nd, he will host a budget workshop at the Meadowdale Clubhouse vl starting at 5:00 p.m. The goal is to hold the workshops in various locations throughout the City. On N June 27th at 5:00 p.m., the City Council will have a special meeting on the budget, and the public will 0 E be invited to provide comments. In July, the administration will start working on the decision packets for w 0 the budget, so public input will be timely. An online survey on the budget is available on the City's 0 a website and 15 responses have been received thus far. He agreed to forward the Commissioners a link to the survey. m E Commissioner Grant asked if the discussions will include moving towards a biennium budget approach. r r Q Councilmember Teitzel answered that the City Council approved moving forward with a biennium budget approach at its May 23rd meeting. He announced that the City will be implementing new budgeting software, as well. Councilmember Teitzel announced that the City will move forward in 2024 with a project to inst Packet Pg. 121 new stormwater collection vaults along SR-104 at the marsh. The intent is to collect the stormwater a pretreat it before it is discharged into the marsh. This is all part of the marsh restoration and water - quality improvement effort for fish and wildlife. Currently, water flows off SR-104 directly into the marsh. Commissioner Grant asked if the new vaults would be located on Washington State Department of Transportation (WSDOT) land. Councilmember Teitzel answered that the vaults would be installed by the City on WSDOT property. He explained that the City Council has appropriated $458,000 so far for the project, part coming from a 2023 grant and part from a 2024 budget appropriation. A consultant has been hired to design the project, and the designs are expected to be done in late 2023. �. Construction should begin in early 2024. While the project won't fix everything, it is a step forward in as as terms of water quality. Councilmember Teitzel reported that a group of Edmonds citizens and scientists called the Marshians who are passionate about marsh restoration have put together an application for a grant from the National Oceanic and Atmospheric Administration (NOAA) Coastal Resiliency Organization. The grant is administered by the National Fish and Wildlife Foundation, which is under the auspices of NOAA. The request is for funding to do a study about water quality and hydraulics through the marsh. He recalled that a study was done some years back about how Willow Creek could be realigned and daylighted, and three options were put forward. One option that was not explored was excavating some or most of the fill at the lower yard at the Unocal site. This would enlarge the aquatics of the marsh and also address flooding. This option will be considered in the new study. The City Council's Parks and Public Works Committee, which he chairs, will discuss this further at their June 13th meeting The application was prepared by the Marshians and will be filed by the City's Public Works Director, Oscar Antillon. They are asking for about $175,000 in grant funding to do the study. A consultant has not been identified. One concern is that there are a lot of hydrocarbons in the area that would be excavated. Commissioner Orvis asked if they have talked to the Department of Ecology (DOE), and Councilmember Teitzel answered that they plan to. He said the project could move forward whether the City or the State retains ownership of the property. Commissioner Orvis recalled that the Port did a similar project between Harbor Square and the marsh, including a neoprene liner down below the waterline. The DOE wouldn't even let the Port take a sample to see if it was contaminated on the other side of the levy. Councilmember Teitzel said the grant request is for funding to do a study to assess the hydrology and potential pollutant issues, and the information would be shared with the DOE and others. He noted that City Council approval is not needed for the grant application; the administration can file the grant application under the mayor's authority. They are hoping the Port will offer its support for the grant request, as well. Executive Director Harris said she would be preparing a letter of support for the study. Councilmember Teitzel pointed out that if the submerged portion of the marsh was enlarged, the flooding situation might improve, which would impact the Port at Harbor Square. Commissioner Preston asked if the City and the Marshian group have researched what data a Packet Pg. 122 exists. Commissioner Johnston recalled that the consultant completed a hydraulic study of the three options identified in the study related to daylighting Willow Creek. Councilmember Teitzel voiced concern that the grant application is not well coordinated and may be rushed. He requested that the City's Public Works Director, Oscar Antillon, meet with the Marshian group and a representative from the Port to make sure the priorities are in order before the application is finalized. Commissioner Orvis suggested they review what has already been done. Councilmember Teitzel noted that an assessment of the option of excavating the fill has not been done. Commissioner Orvis said a recent article in Myedmondsnews talked about the marsh and showed an inaccurate picture of the asphalt plant being located where the fuel transfer station should have been. This is an indication of various people doing things without a central authority to verify that information is correct. The asphalt plant is an entirely different site of contamination. Commissioner Johnston pointed out that the Port has a very detailed Environmental Site Assessment (ESA) for Harbor Square that outlines all of the activities that were there and how they might impact the marsh and adjacent properties. Commissioner Orvis suggested that they need to form a group of stakeholders who can research the studies that have already been done and verify that all of the information is correct. Executive Director Harris reported that she met with Todd Tatum, City of Edmonds Director of Community Services and Economic Development, to discuss the need for closer discussion and coordination. There are several areas where the Port and the City can collaborate. There are a number of smart people working on issues related to the marsh, and they need to make sure they are all at the table. Commissioner Johnston pointed out that the agencies typically frown on re -disturbing contaminated sites unless you can demonstrate you can greatly reduce the risk. Commissioner Orvis cautioned that they could also spend a whole lot of money to accomplish nothing if they aren't careful. Councilmember Teitzel said he expressed to Mr. Antillon, the City's Public Works Director, the need to be careful about asking agencies for money for studies when they don't have a big picture in mind of what they want to do. Councilmember Teitzel reported that the Council's Parks/Public Works Committee will meet on June a 13th to discuss a draft letter to the Washington State Department of Transportation (WSDOT) that will notify them of Council's intent to send a letter to the Governor requesting a meeting to explore whether the state would prefer to retain ownership of the Unocal property after the Department of Ecology Q (DOE) approves the cleanup of the site and the title is then transferred to WSDOT. As he reported at the last Port Commission meeting, the Council temporarily tabled the letter to the Governor on May 23rd, in part due to a concern that WSDOT should first be apprised of the City's intent. If the WSDOT letter is approved by the committee, it will be forwarded to full Council for discussion and a vote. If approved, the letter will be sent to WSDOT and the Council will then take the letter to the Gov tho tahlo and finali�o it No nnintorl Hilt that thin niirrhaco of thinnrnnorty is all ahniit calmnn ro Packet Pg. 123 6.5.e wildlife, preservation, etc., which are all top state priorities. For that reason, the State may want to consider retaining control of the property. Commissioner Orvis added that the State has the money and expertise to accomplish restoration of the property. He observed that there aren't many estuaries left in the State, and this one is the largest. Councilmember Teitzel added that there will be a lot of opportunity once they get the site restored and the creek daylighted. He reminded them that, when running for president, Governor Inslee characterized himself as the environmental candidate. He still believes this is important, so it would be beneficial for the City and State to work together. o TOWN OF WOODWAY REPORT Mayor Mike Quinn reported that the Town Council was supposed to have a vote in June regarding the Point Wells site, but they requested another 90-day extension to continue to work some issues out with the City of Shoreline and the developer. They now have until the second week of September to take action. There continues to be litigation on the property between the two parties. As these issues work their way through the legal system, the Town Council is keeping an ear to what they may want to do going forward. The Town hired a consulting firm to do an analysis of a few options for the site, and the report is available on the City's website. Three of the options center around large, medium and small housing units. Projects of 24 units or less do not require a secondary access road. For each of the three options, the analysis looked at what the revenues would be for the Town. The fourth option brought forward by the developer was to rezone the property back to Industrial and use it for industrial uses. With this option, the developer would do some level of cleanup, but it would be low impact. The Town will continue to work with the developer. They are also continuing with the annexation request, and there will be public comment opportunities throughout the summer. The hope is to move towards a vote in the August timeframe. He briefly reviewed the annexation process, explaining that if the Town Council votes to annex, the matter would then go before the Boundary Review Board, which involves a lengthy process. The Town Council can decide not to proceed with annexation up until the Boundary Review Board issues its decision. Mayor Quinn advised that the Town's staff prepared a PowerPoint presentation for the Town Council, outlining some of the implications of the recent housing legislation. It is available for public view on the Town's website. They plan to continue to review the legislation to identify how it might impact the different areas of the Town. For example, the state's new laws do not trump what a homeowner association (HOA) allows under current zoning and building. There are also issues related to slopes and other critical areas. They plan to hire a consultant to look at the entire plat of the Town to determine which areas will and will not be impacted by the legislation. Mayor Quinn announced that the 2023 Annual Woodway Town Fair will be on August 19th from 10:00 a.m. to 1:30 p.m. He also reported that the Town is once again working with the City of Edmonrls In Packet Pg. 124 c r�nncnr +hn Qn�+ +hn Qro rlin++ �„n nvi 1„Iv /l+h J r./J1 IJVI LI IC; LJGQL LI IC; LJI aVf\cu 1\kill VII .PUIY -t Ll 1. 6.5.e EXECUTIVE DIRECTOR'S REPORT Executive Director Harris announced that the Sea Note Program will start on June 23rd and run through September 2nd. The full calendar will be released on the Port's website later this week. Performances will occur most Wednesdays through Sundays. Executive Director Harris reported that staff opted to rebuild the hydraulic cylinder on the North Dry Storage launcher, and the project is in motion. They anticipate the launcher will be down for about two more weeks. Executive Director Harris reminded the Commissioners that the July 10th meeting would be cancelled, and the July 31st meeting would be a Strategic Planning Retreat. Manager Drennan advised that the Department of Revenue (DOR) has proposed some changes to the leasehold tax on concession arrangements for retail sales, basically a percentage rent agreement. They are saying "if the rent is based in whole or in part on a percentage of sales and includes payment for leasehold interest as well as a concession or other right granted by the lessor, there is a rebuttable presumption that the contract rent consists of the first 8% of sales plus any prepaid rent or minimum rent required under the lease. The department will consider any portion of the contract rent that exceeds that figure as payment for the concession or other right granted by the lessor. If either party to a lease agreement believe the fair market value differs from the presumed amount, they may submit documentation to the department demonstration the fair market rental value for comparable property with similar use. The department will consider this documentation when determining the value of leasehold interest." For ports, this can apply to some rental arrangements, but she cautioned that talking about specific tenants should be done in executive session. The Washington Public Port Association (WPPA) has hired State and Local Tax Attorney, Garry Fujita, from Eisenhower Carlson PLLC. The cost of the attorney is not included in the normal dues, and ports that want to participate will be asked to pay up to $1,000. After speaking with Executive Director Harris, staff decided to notify the WPPA of the Port's intent to participate. Manager Drennan continued that the DOR held a hearing on June 6th, and comments were originally due by June 9th. Attorney Frank Chmelik requested a 90-day extension and a 30-day extension was r Q granted. At the hearing, the ports were represented by Attorneys Chmelik and Fujita, who both argued that the change would have a negative impact on port operations and revenue. The way leases are set up, ports moderate risk by increasing the monthly fixed revenue and reducing the percentage of sales rent component. If the DOR mandates 8% in all transactions, the minimum monthly rent will necessarily decrease to the Port, and the risks will increase. The state will get more money and the Port will get less. It would also make negotiating for leases a little more difficult because ports want to get f Packet Pg. 125 market value as well as minimize risk, and the new rule would artificially limit one of the primary variables, limiting a port's ability to negotiate leases. Ports must compete with private businesses, as well as each other, and ports will have a harder time if contract rent is constrained to a combination of fixed and percentage rent. Those without the artificial 8% restraint will be at a competitive advantage. Ports are in the business of economic development and job creation, and the new requirement would make this more difficult. Attorney Frank Chmelik provided an explanation on how the DOR's new requirement might impact ports, and this was followed by a discussion about how it might specifically impact the Port of Edmonds and its tenants and taxpayers. Attorney Chmelik cautioned that, regardless of what rule is adopted, ports will need to be very careful to show their homework of why they set on a particular rent in order to demonstrate their thinking to auditors. Executive Director Harris reminded the Commissioners to complete the rebranding survey. COMMISSIONER'S COMMENTS AND COMMITTEE REPORTS Commissioner Orvis reported on his participation in the Economic Alliance of Snohomish County's (EASCs) Coffee Chat on June 7th, where cybersecurity was the topic of discussion. From the discussion, he learned that most people are very far behind, and many businesses are vulnerable. The Port is far ahead of most others and has a good opportunity to help out. They talked about using interns from Edmonds Community College, and perhaps the Port would be a good place for them since our IT Staff knows more about cybersecurity than most people. Commissioner Grant reported that he attended the Washington Public Port Association (WPPA) Finance Committee Meeting and learned a lot of good things. Manager Drennan did a good job bringing up some good points. Cybersecurity was tagged on to just about every presentation at the meeting. One of the presenters turned a good presentation into a Jeopardy format. He asked to get the slide decks because a lot of good information was shared. Commissioner Grant said he met with Eric Ffitch, WPPA Executive Director, to discuss cyber security.; He is running the cyber workgroup and has met with some of the Commissioners who will participate to c E discuss initial aspects. Both the Cybersecurity & Infrastructure Security Agency (CISA) and the U.S. r Coast Guard have cyber teams that will evaluate ports and do actual penetration. They will be focusing r Q on vulnerabilities and providing recommendations for outside consultants, since many small ports don't really know what to ask or do. There are lists of reputable vendors that the governments have vetted. He met with Tacoma, Seattle and a few others and found that a lot of the small ports get great notifications from the Washington Fusion Center, the Federal Bureau of Investigations, or the New York Police Department, but they aren't really talking to a trained technician. While they know what i Packet Pg. 126 they don't have any idea how to implement it. Seattle and Tacoma have a chief security officer who is separate from the IT division, and all they are worried about is penetration. He sits on the Federal Emergency Management Agency's (FEMAs) Law Enforcement Task Force, and there are a few big vulnerabilities to big and small ports. Cyber and denial of service is probably the biggest, and another is where they give you a fake website and you end up transferring money or something of that nature. A third is critical infrastructure invasion. The goal is to voluntarily work together with every port that wants to be part of the cyber effort. The Washington Alliance of Technology Workers (WashTech), the U.S. Coast Guard and CISA have all agreed to help put a program together. - Commissioner Preston said he also participated in the EASCs Coffee Chat regarding cybersecurity. There was a lot of discussion about academia and not a lot about what businesses should do to prevent and protect and insure against vulnerability. They estimate they are lacking several hundred thousand cybersecurity jobs. The demand is huge right now. Commissioner Preston advised that the Edmonds Yacht Club has expressed a desire to coordinate with the Port to do a Santa event during the Holiday on the Docks event. He asked if there are any plans to celebrate the Port's 75th Anniversary this year. Executive Director Harris suggested they consider opportunities to celebrate the Port's anniversary as part of the open house for the new Administration/Maintenance Building or Holiday on the Docks. She questioned whether there is sufficient bandwidth for staff to do both. Staff agreed to consider options, and Director Baker agreed to coordinate directly with the yacht club. Commissioner Cass said she is happy to be part of the Commission. She would love to receive copies of the historic environmental assessments so she can start reviewing them. EXECUTIVE SESSION At 8:46 p.m., Commissioner Johnston announced that the Commission would recess into Executive Session pursuant to Revised Code of Washington (RCW) 42.30.110(1)(i) to discuss with legal counsel representing the agency matters relating to litigation or legal risks of a proposed action or current practice that the agency has identified, as public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. The Executive Session would start at 8:50 p.m. and last for 20 minutes. The Executive Session would conclude at 9:10 p.m. At 9:10 p.m. Commissioner Johnston announced that the Executive Session would be extended 10 minutes until 9:20 p.m. The Executive Session concluded at 9:20 p.m. and the Commission reconvened the regular meeting. ADJOURNMENT I Packet Pg. 127 6.5.e The Commission meeting was adjourned at 9:21 p.m. Respectfully submitted, Jay Grant Port Commission Secretary TAGS: 2023 Port of Edmonds Commission Meeting Minutes (https://www.portofedmonds.org/tag/2023-port-of-edmonds-commission-meeting- minutes/), Executive Session (https://www.portofedmonds.org/tag/executive-session/), Project Summary (https://www.portofedmonds.org/tag/project-summary/) Packet Pg. 128 PORT COMMISSION OF THE PORT OF EDMONDS MINUTES OF SPECIAL MEETING (Via Zoom, Hybrid Meeting) June 20, 2023 COMMISSIONERS PRESENT 0 Steve Johnston, President a� Jim Orvis, Vice President as a� E Jay Grant, Secretary E Janelle Cass v David Preston c L O STAFF PRESENT m m Angela Harris, Executive Director Brandon Baker, Director of Marina Operations 0 Tina Drennan, Manager of Finance and Accounting? Brittany Williams, Manager of Properties and Economic Development Brian Menard, Director of Facilities & Maintenance Chris Osterman, Accounting/IT a� Karin Michaud, Office Manager o .y Renae Ebel, Administrative Assistant OTHERS PRESENT Selena Killin, Commissioner Candidate Jordan Stephens, Port Attorney Chrissy Svihus, Associate Attorney Frank Chmelik, Attorney / Training Facilitator CALL TO ORDER President Johnston called the meeting to order at 10:00 a.m. FLAG SALUTE All those in attendance participated in the Pledge of Allegiance to the American Flag. APPROVAL OF AGENDA COMMISSIONER JOHNSTON MOVED TO APPROVE THE AGENDAAS PRESENTED, WHICH CARRIED UNANIMOUSLY. PUBLIC COMMENTS I Packet Pg. 129 There were no public comments. 6.5.f TRAINING Commissioner Johnston introduced Frank Chmelik, commission/staff training facilitator. Mr. Chmelik facilitated a training session on commission/staff engagement in a public agency. The training was titled "Governance and Management — Building on a History of Success- Resetting for the Future" and included topics such as: governance vs. management, the individual commissioner vs the commission, the chair of the commission, executive director and staff responsibilities, and what is means to have budget -based governance. Executive Director Harris then led a discussion on major Port of Edmonds projects and the engagement between commissioners and staff. ADJOURNMENT The Commission meeting was adjourned at 12:50p.m. Respectfully submitted, Jay Grant Port Commission Secretary TAGS: 2023 Port of Edmonds Minutes (https://www.portofedmonds.org/tag/2023-port-of- edmonds-minutes/), Frank Chmelik (https://www.portofedm onds.org/tag/frank-chmelik/), Training (https://www.portofedmonds.org/tag/training/) Packet Pg. 130 6.5.g SNOHOMISH COUNTY SNOHOMISH COUNTY 911 BOARD OF DIRECTORS 91 BOARD MEETING AGENDA July 20, 2023 at 8:30 a.m. 7 # 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 June 15, 2023 Regular Board Meeting B. June 2023 Blanket Voucher & Payroll Approval Form: i. Checks 1009 - 1012, and 17540 - 17658, for a total of $1,221,806.51 ii. Payroll Direct Deposit, in the amount of $1,317,588.26 C. APF —Fleet Expansion 5. Director's Report A. Schedule a Board Future Facility Project Overview 6. Old Business A. SCEA Contract Negotiations 7. New Business A. APF — Tower Site Agreements B. APF RRP — Radio System Maintenance Agreement C. APF — Radio Policy 10, 11 & Interoperability MOU D. Tax Except Status 8. Reports A. Agency Report B. Future Facility Project Update C. Radio Replacement Project (RRP) L 0 a� a� a� r E E 0 U c L 0 m a� .N 0 0 N 0 M N O N CU a� a� a L CU 0 m O z c a� E r r Q Packet Pg. 131 6.5.g D. Police TAC E. Fire TAC 9. Committee Reports A. Finance Committee B. Personnel Committee C. Future Facility Committee D. County EESCS Committee (formerly County E911 Office) E. County ECSF Program Advisory Board 10. Executive Session (if needed) 11. Good of the Order 12. Adjourn - The next meeting is scheduled for August 17, 2023 Packet Pg. 132 I 6.5.h I Stanwood Darrington Snohomish County Tomorrow A GROWTH MANAGEMENT AD VISOR COUNCIL 1 FA STEERING COMMITTEE MEETING Wednesday, May 24, 2023 Via Zoom 6:00 p.m. MEETING MINUTES Particinatina Jurisdictions/Members Tulalip Arlington Tribes Marysville Granite Falls Everett Lake Stevens Mukilteo Mill Creek Lynnwood Snohomish Edmontls Mountlake Monroe Terrace Sultan Gold Index Noodway Brier Bothell Bar Town of Darrin ton Reid Shockley City of Edmonds Councilmember Vivian Olson City of Everett Don Schwab City of Gold Bar Councilmember Chuck Lie City of Granite Falls Matt Hartman City of Lake Stevens Mayor Brett Gaile City of Lynnwood Councilmember Patrick Decker City of Marysville Peter Cond les City of Mill Creek Councilmember Stephanie Vi nal City of Monroe Mayor Geoffrey Thomas City of Mountlake Terrace Councilmember Bryan Wahl City of Mukilteo Councilmember Jason Moon Snohomish County Council Councilmember Jared Mead Snohomish County Executive Josh Dugan Community Representative Mike Appleby Community Representative Linda Hoult Community Representative Allan Giffen CAB Representative Sean Standerfer Other Attendees/Presenters: SCT Manager Ann Larson Snohomish County PDS Megan Moore Snohomish County PDS Mike McCrary Snohomish County PDS Amber Piona Snohomish County PDS Steve To Call to Order: The meeting was called to order at 6:00 p.m. by Co -Chair Brett Gailey. Introductions/Roll Call Roll call was taken (as listed above). Snohomish County PDS Director, Mike McCrary, introduced the new SCT Manager Ann Larson. Ann has more than 17 years of experience and joins the county with extensive knowledge and passion for its future. She served as a Senior Legislative Assistant in the Washington State Legislature for 44th Legislative District from 2006-2011, followed by Packet Pg. 133 6.5.h several years at the United Way of Snohomish County as Labor Donor Relations & Community Liaison Manager. Most recently she was the Northwest Regional Director for U.S. Senator Patty Murray since 2014. She has a bachelor's degree in history from Washington State University in 2006. Following the introduction of Ann Larson each of the members introduced themselves and talked about their history on the Steering Committee. 3. Citizen Comments No comments. 4. Approval of Meeting Minutes (4-26-23) Bryan Wahl moved to approve the minutes of April 26, 2023. Josh Dugan seconded, and the motion passed unanimously. 5. Update Items a. Summary of PSRC Board Actions and Activities The update was suspended until the June meeting. The summary of PSRC Board Actions can be found here. 6. Action Items a. Agenda Bill: Re -vote, Citizen Representative to Steering Committee Community Representative applicant Allan Giffen introduced himself and discussed why he wanted to be a citizen representative. Community representative applicant Andrew Stevens was absent. VOTE: Allen Giffen — 8 votes (Vivian Olson, Don Schwab, Matt Hartman, Brett Gailey, Patrick Decker, Geoffrey Thomas, Jason Moon, Josh Dugan) Andrew Stevens — 4 votes (Charles Lie, Stephanie Vignal, Bryan Wahl, Jared Mead) Allen Giffen was elected as the Citizen Representative to Steering Committee. a. Agenda Bill: HO-5 Report, PAC Recommendation, PAC Recommended Draft Report, PAC Recommended Appendices, Executive Summary Senior Planner, Amber Piona introduced the action item. The committee was briefed on the HO-5 Report at the April 261" meeting. An action on the report and a recommendation for the housing targets is needed. A Motion was made by Bryan Wahl and seconded by Geoffrey Thomas recommending the Steering Committee accept the housing characteristics and needs report and the 2044 initial housing targets. A discussion followed the motion. Members discussed their views on the HO-5 Report, the housing allocation methods, infrastructure challenges, and the challenges of meeting the growth targets. Several members brought up the need Packet Pg. 134 6.5.h for subsidized funding to meet allocations. It was also noted that educating councilmembers on the allocations is imperative to ensure they fully understand the requirements of the recommendation. Gold Bar Councilmember Charles Lie stated his opinion that zoning issues in the cities and suburban areas caused the housing crisis and the housing allocation assigned to Gold Bar is a problem due to Gold Bar's infrastructure challenges specifically access to medical care. Mountlake Terrace Councilmember Bryan Wahl raised his concern about the challenges to accommodate the affordable housing need, since over half of the housing will need to be affordable. The crisis needs to be addressed by working as a region and educating councilmembers on these future challenges. Mukilteo Councilmember Jason Moon expressed his disagreement with Mukilteo being classified as a high transit area because there is no highway or freeway in Mukilteo. Councilmember Vivian Olson expressed frustration by the density demands for Edmonds. The majority of the allocation for Edmonds is in the low range. Edmonds has high land values, and the affordable housing will require a subsidy from the government. The state has never said that subsidies will be given yet we know that higher taxes will be yielded by the higher and best use for the property values that are changed by density options. Mill Creek Councilmember Stephanie Vignal voiced her concern that the majority of Mill Creek's allocation is low AMI and that investments and government funding will be needed to meet their allotment. She has been advocating for all council's to be educated about the HO-5 Report for early buy -in and is concerned that councilmembers will be upset when they are made more aware of the requirements of the allocations. Lynnwood Councilmember Patrick Decker recognized the effort that has been put into the report but voiced that he can't vote yes for something he believes is impossible to do. Lynnwood City Council has discussed how to incentivize builders to create affordable housing but the current economy in Lynnwood is increasing home prices. Community Representative Allen Giffen said he is also concerned about the economic feasibility for the low-income housing without government funding. He requested that county staff have more of an education process for the elected city councils in the county. Packet Pg. 135 6.5.h Mayor Geoffrey Thomas said that Monroe recognizes the housing crises and Monroe is supportive of bringing more affordable housing into Monroe and the region. VOTE (Motion): 8 in favor (Reid Shockey, Vivian Olson, Don Schwab, Brett Gailey, Stephanie Vignal, Geoffrey Thomas, 1 opposed (Jason Moon) 3 abstained (Charles Lie, Motion PASSED Bryan Wahl, Josh Dugan) Matt Hartman, Patrick Decker) A secondary Motion was made by Geoffrey Thomas and seconded by Bryan Wahl recommending the Steering Committee accept the HO-5 report with the Method C Housing Needs Allocation. Following the motion clarification was given on the recommendation, in particular that the requirement is for jurisdictions to demonstrate that they need to "plan for and accommodate" the new requirements, not that they are required to build the additional housing by 2044. Methods A, B, and C were also clarified. Councilmember Vivian Olson said of each method, method C allocates the largest number of affordable housing units to Edmonds and is an enormous number for Edmonds and will be voting no on option C because it seems like an impossible task. Councilmember Patrick Decker discussed the extensive work Lynwood has done with their planning department, mortgage lenders, and builders and that Lynwood can't come up with a plan that will create affordable housing at the required levels. Everett Councilmember Don Schwab expressed that Everett has higher amount of the LMI and that Everett is built out and the value of property is extremely high It is extremely expensive to build affordable housing, so he see's the allocations as a framework and a goal. Mill Creek Councilmember Stephanie Vignal said that in talking with her planning department their interpretation is that they will need to implement polices to encourage building but that they aren't required to ensure it will be built. VOTE (Motion): 7 in favor (Reid Shockey, Don Schwab, Brett Gailey, Stephanie Vignal, Geoffrey Packet Pg. 136 6.5.h Thomas, Bryan Wahl, Josh Dugan) 4 opposed (Vivian Olson, Patrick Decker, Peter Condyles, Jason Moon) 2 abstained (Charles Lie, Matt Hartman) Motion PASSED 7. Briefings, Discussion Items a. SCT Manager's Report SCT Manager Ann Larson shared the May SCT Committees Report. 8. Go -Round Brett Gailey brought up rising interest rates which have put a stop on some current projects in Lake Stevens. 9. Next Meeting Date June 21, 2023; 6:00 pm - 8:00 pm. 10. Adjournment The meeting was adjourned at 7:15 p.m. by Co -Chair Brett Gailey. All presentations given, discussions held, and actions taken at this meeting are kept on file (via recording) in PDS until six years from December 3111 of this year. Packet Pg. 137 Edmonds Public Facilities District Board of Directors Meeting May 25, 2023 The Edmonds Public Facilities District Board hybrid meeting convened at 7:31 a.m. in the Edmonds Center for the Arts Green Room, 410 411 Avenue North, Edmonds, and via Zoom. EPFD Board Members Present Ray Liaw, President Suzy Maloney David Brewster Wayne Grotheer EPFD Board Members Absent Bill Willcock, Vice President Call to Order ECA Staff Present Joseph Mclalwain, Executive Director Lori Meagher, Associate Executive Director ECA Board Members Present David Schaefer, President Guests Will Chen, City Council Liaison Board President Liaw called the meeting to order. 2. Land Acknowledgement & Equity Statement Board Member Grotheer read the Land Acknowledgement Statement and the Equity Statement. 3. Board President's Comments • Agenda Review Board President Liaw requested reappointment of Board Member Maloney be added under PFD Board Business. BOARD MEMBER BREWSTER MOVED TO AMEND THE AGENDA TO ADD REAPPOINTMENT OF BOARD MEMBER MALONEY TO PFD BOARD BUSINESS. BOARD MEMBER GROTHEER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Board President Liaw relayed staff's request to reschedule the June EPFD Board meeting to June 29t" due to a conflict with the Admin & Finance Committee. 4. Public Comment - None 6. Consent Agenda EPFD Board Meeting Minutes: April 27, 2023 EPFD Disbursement Report: April 2023 BOARD MEMBER MALONEY MOVED TO APPROVE THE CONSENT AGENDA. BOARD MEMBER BREWSTER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Edmonds Public Facilities District Board Draft Minutes May 25, 2023 Page 1 Packet Pg. 138 7. Old Business • May Staff Report — Questions/Comments? • Prior Action Items Review Ms. Meagher reviewed progress on action items from the previous meeting and identified outstanding items (see Action Items below). 8. PFD Board Business • Reappointment of Maloney BOARD MEMBER GROTHEER MOVED TO REAPPOINTMENT SUZY MALONEY TO THE PFD BOARD. BOARD MEMBER BREWSTER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mr. Mclalwain advised City Council approval of Board Member Maloney's reappointment will be on the Council's Consent Agenda. • Internal Committee Appointments Board President Liaw advised the packet includes a list of current committee appointments. Following up on last month's discussion, this agenda item is to identify which committees board members are currently serving on and/or would like to serve on, and to strategically determine which committees need EPFD Board representation. Discussion followed regarding committees board members are serving on currently, what each committees does, which committees need EPFD Board support, how committee members have been selected in the past, and reviewing committee appointments every year in May/June. Committee Board Member Marketing & Business Development Brewster short term Philanthropy Willcock need to confirm Possibly Maloney Administration & Finance Willcock (need to confirm) Board Governance Does not need EPFD Board representation Education & Community Outreach Brewster Facilities & Operations Grotheer Hosting Liaw IDEA Gr Steering Liaw Action regarding committee assignments includes informing the Steering Committee, Board Governance Committee and ECA Board of committee appointments; updating the committee list; informing committee chairs of the change in EPFD Board representation, informing board members of the committee schedules, and updating the EPFD and ECA meeting schedule to include meetings start/end times. 8. Board Member Reports Leadership Transition Update Edmonds Public Facilities District Board Draft Minutes May 25, 2023 Page 2 Packet Pg. 139 Board President Liaw provided an update on the executive director (ED) search process; m/Oppenheim e-blasted an announcement to 438 researched individuals in the US and Canada, engaged with 116 people, and recommended 8 applicants for consideration. The LTT is determining which applicants to interview. Interviews will as held soon as next Friday with the goal of identifying finalists by the end of June. Applicants have a spectrum of experience and strengths, all have some anchor in the arts and/or education. Board Member Brewster relayed in addition to a spectrum of age/experience, the candidates have strengths and gaps. M/Oppenheim reported a lot of people were interested in the job and there was a good initial response; some candidates self-selected out and the candidates they recommended for consideration were all very interested. Ms. Meagher agreed there was a broad spectrum of candidates and skill sets. There has been an emphasis on ensuring IDEA is a focus, but that has not been highlighted in any of the candidates' application materials so the LTT has been asking candidates about their IDEA work. There is diversity among the candidates. Board President Liaw advised m/Oppenheim is still vetting applicants and may present more candidates. She will endeavor to send out more frequent updates to the boards during June. The EPFD Board will make final decision on selection of an ED. Staff, both boards and key committee members will have an opportunity to meet candidates at a meet & greet or presentation. The ECA will be closed the first week of July. Discussion followed regarding the process for selecting finalists, who will participate in interviews, gaps in experience providing opportunity for growth, key areas of experience (development and DEIA), and a suggestion to include volunteers in the meet & greet. • Association of WA State PFDs Board Member Brewster reported the Association is meeting in Tri-Cities in September. Mr. Mclalwain's discussion with other Snohomish County PFDs will determine who is involved in annual or quarterly meetings. He recommended informing Betty Erickson (Cowlitz PFD) the results of Mr. Mclalwain's conversation with the Snohomish County PFDs. • Snohomish County PFD No update. • Fourth Avenue Cultural Corridor Ms. Meagher reported the committee had a kickoff meeting with the consultant doing the conceptual design to 10%, and the consultant outlined next steps. The committee is meeting again in a couple weeks to discuss stakeholder engagement and the public outreach process. She will confer with Frances Chapin regarding expanding the invite list. • Boys & Girls Club Committee is meeting quarterly, the next meeting is in 1-2 weeks. 9. Finance & Operations Update • Finance Update o ADril Financials Edmonds Public Facilities District Board Draft Minutes May 25, 2023 Page 3 Packet Pg. 140 Ms. Meagher reviewed the financial dashboard, income statement, balance sheet, and operating cash projections. Discussion followed regarding the robust summer schedule and revenue potential, impact of the delayed hiring of development staff on yearend goals, reviewing yearend development projections at the July meeting, looking at the mid -year budget in more detail at the July meeting, and projected revenues and expenses from summer shows. o Recommended Board Designated Fund Amount Ms. Meagher recommended not transferring funds into the Board Designated Fund at this time based on the previous fiscal year and current cashflow. If 2023 projected $150,000 surplus at yearend occurs, she will recommend moving that into the Board Designated Fund. No formal board action was required; it was the consensus of the board not to transfer funds at this time. Staff will inform the Admin & Finance Committee that the EPFD Board agreed not to transfer funds into the Board Designated Fund at this time. o Quarterly Debt Service Update Ms. Meagher reviewed Estimated Sales Tax collections vs. Debt Service Payments updated as of May 23, 2023. She pointed out due to the increase in the LGIP interest rate, it may require an additional year to repay the City loan. Mr. Mclalwain suggested possibly paying off the City loan sooner due to the variable LGIP interest rate. Discussion followed regarding how interest on the City loan is projected, and how the LGIP interest rate is calculated. o State Funding for Conceptual Design Work (Boys & Girls Club) Ms. Meagher relayed the application submitted to the state is included in packet. The original request was for $309,000; the state approved $200,000. Next steps include the board and staff discussing future actions related to conceptual design work. Mr. Mclalwain explained the initial discussions were about campus options via a partnership with the Boys & Girls Club. The question now is who will oversee that effort and the schedule. Discussion followed regarding aspects that will be addressed in the building assessment, determining how the state funds can be used, joint planning with the Boys & Girls Club, mechanism for pursuing the conceptual design work, and having the conceptual design work/state funding as a topic at the next Boys & Girls Club meeting. • Human Resources o Hiring Update Ms. Meagher reported on the potential hiring of a grant writer as a subcontractor, phone interviews for the major gift specialist position, and updating and posting the accounting position. Once the accounting position is filled, the ECA will be fully staffed. o IDEA Update Ms. Meagher reported the recent meeting included discussion about department initiatives and gender neutral restrooms. Board Member Brewster requested the committee discuss modifying the Land Acknowledgement to recognize the land is unceded (taken from the tribes, not given freely). He suggested Seattle Arts and Lecture as a good example. o Employee Handbook Rollout Update Ms. Meagher advised the PowerPoint is included in the packet; it was well received by staff. A couple tweaks need to be made to the handbook before it is shared with staff. Edmonds Public Facilities District Board Draft Minutes May 25, 2023 Page 4 Packet Pg. 141 • Facilities o RFQ 2023-01 Building Envelope & Conditions Assessment Update The RFQ will be on the July EPFD Board agenda for approval. 10. Executive Report / Steering Committee • Marketing & Business Development o Ticket Sales Update Mr. Mclalwain reported tickets are at 71 % sold for the current season which is close to the average tickets sold for the lifespan of the organization. • Programming/Outreach o General Update Mr. Mclalwain reported 3-4 shows will be added between now and the end of the current fiscal year to meet ticket sales obligations. Consideration is being given to adjusting ticket pricing for the 2024/2025 season based on seat location and having more seats at the top price. • Development o Monthly Snapshot Update on Development Strategy 11. Executive Session At 8:47 a.m., the EPFD Board convened in executive session for approximately 20 minutes to discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation per RCW 42.30.110 (1) (i). No action was anticipated as a result of meeting in executive session. At 9:05 a.m., the executive session was extended for 5 minutes. 12. New Business - None 13. Adjourn The meeting adjourned immediately following the conclusion of the executive session at 9:10 a.m. Next EPFD Board Meeting: Thursday, June 29, 2023 - 7:30 AM ACTION ITEMS: 1. Create external organization chart 2. Send out meeting invite to revised June meeting date (June 29) 3. June EPFD Board meeting agenda items a. Approval of Building Envelope & Condition Assessment contract b. Report on how Employee Handbook is received by staff c. Report on meeting with Snohomish County PFDs executives regarding Association of Washington PFDs (inform Betty Erickson (Cowlitz PFD) about discussion) d. Review yearend development projections e. Review mid -year budget in more detail Edmonds Public Facilities District Board Draft Minutes May 25, 2023 Page 5 Packet Pg. 142 4. Inform Steering Committee of appointment of EPFD Board members to outside committees/organizations 5. Contact City about scheduling approval of Board Member Maloney's reappointment on City Council Consent Agenda 6. Committee Assignments a. Update Board Committee list and inform Steering Committee, ECA Board, and Board Governance Committee b. Inform EPFD Board members regarding committee schedule c. Inform committee chairs about changes in EPFD board representative d. Update EPFD, ECA and Committee Meeting Schedule to include meeting start/end time 7. Provide EPFD Board frequent updates in June regarding ED search/interview process 8. Check with Frances Chapin about expanding the invite list for 4t" Avenue Cultural Corridor project 9. Inform Admin & Finance of EPFD Board's decision not to put funds into the Board Designated Fund 10. IDEA Committee discuss modifying the land acknowledgement statement to address that land was unceded Edmonds Public Facilities District Board Draft Minutes May 25, 2023 Page 6 Packet Pg. 143 7.1 City Council Agenda Item Meeting Date: 07/25/2023 Approval of Regular Meeting Minutes July 18, 2023 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Special Meeting minutes as part of the Consent Agenda. Narrative The Council Special meeting minutes are attached. Attachments: 20230718 Regular Meeting Packet Pg. 144 7.1.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES July 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 Oscar Antillon, Public Works Director Susan McLaughlin, Planning & Dev. Dir. David Levitan, Planning Manager Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 7 p.m. by Mayor Nelson in the Council Chambers, 250 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 since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Mayor Nelson described the procedures for audience comments. Peter Moon, Edmonds, said progress is being made to reduce speeding on Olympic View Drive; speeding is a public safety hazard that needs attention. He met with the City's transportation engineer and public works director via Zoom meeting last Thursday. The meeting was recorded and the link was provided to a few councilmembers and is available for anyone else who is interested. The police traffic division has been paying closer attention and have been in the area on multiple locations issuing citations for speeding on Edmonds City Council Draft Minutes July 18, 2023 Page 1 Packet Pg. 145 7.1.a Olympic View Drive. He has met a number of neighbors north of the 200-foot straightaway that is his primary concern; two are here tonight and one plans to speak. They are considering forming a neighborhood association to deal with speeding and other issues of concern to the neighborhood along Olympic View Drive. He has heard there will be changes to the state law regarding traffic cameras in locations other than intersections or school zones. He plans to research that and report to the council. During his meeting with City staff he recommended upgrading the technology to monitor the amount, type and speeds of traffic to improve the safety of those collecting the data and to provide better data. He thanked the councilmembers who are supportive of his efforts and have communicated with him via email. Marlin Phelps, Marysville, relay as reported in the Everett Hearld, Yelena Stock of Zachor, Stock & Krepps said she committed her full cooperation to the transfer of prosecution services in Edmonds. Yet last Tuesday when observed the court proceedings via video, he heard Ms. Wells, the new city prosecutor, say she was flying by the seat of her pants because although her office and Zachor's office use the same software, the files did not transfer. He anticipated that was Zachor, Stock and Krepps giving the City of Edmonds one final finger. He referred to terrible things Zachor, Stock and Krepps did to the innocent. After 103 summoned hearings and two acquittals following a short jury deliberation and beatings from the cops, what he remembered most was during his resistance he saw James Zachor Junior and it occurred to him that he looked just his wife; he believed that James Zachor was his secret brother-in-law. He deserves an answer regarding why they still have a relationship when the prosecution was fumbled and he was acquitted twice. When he was in court in Snohomish County in front of Judge Wilson who was outside his jurisdiction, the judge asked if he was his brother-in-law and he said no, they were just friends. Two weeks ago the secretary at the law firm said same thing, they are just friends. He concluded he was set up, he deserves the DNA and the truth. Joan Longstaff, Edmonds, speaking on behalf of the Cemetery Board, commented Betty Gaeng, Edmonds historian, genealogist and wonderful friend passed away earlier this year. It was Ms. Gaeng's idea to recognize the artists who are buried in the cemetery at this year's Walk Back in Time and she wrote a piece on each artist. Ms. Longstaff plans to tell Ann Rutter's story at the Walk Back in Time this Thursday, July 20 at 1:00 p.m. at the Edmonds Cemetery. Bunny Hammersla who had a gallery in the 524 historic house that owns featured Ann Rutter's work. She was delighted to be able to tell Ann's story along with the story of her husband, retired Judge John Rutter. She encouraged people to bring pictures of Ann. The Cemetery Board also plans to recognize Betty Gaeng at the Walk Back in Time. Thatcher Boddendeitchel, Edmonds, a member of Carpenters Local 206, commented at the mayors debate a few weeks ago, every candidate mentioned the importance of good infrastructure in Edmonds. He agreed good infrastructure was very important, Edmonds is a beautiful city and we should strive to keep it that way and continue beautiful growth. He referred to federal funds the state has available for housing, commenting a lot of the buildings will be mixed use, apartments or condos over storefronts which is very good for the economy. He encouraged the council to consider using union labor to build these buildings. He recognized the tension with upzoning, noting union labor does so much related to the construction of buildings. The Department of Transportation uses union labor, the light rail is being built with union labor and he has seen numerous projects that enhance cities when they are built. He currently commutes to Bellevue and before that he commuted to Des Moines; on his way, he passes non -union jobs within the City of Edmonds. He would be proud to have the wealth his labor generates go to the economy that he participates in, to have his labor build parks, housing and infrastructure, to be able to show his future children what he built, and would love the city council to show their support. He referred to market share recovery, a program offered by unions in the State of Washington that allows cities to dip their toe in the water; get a bid from a non -union company and a bid from a union company and if the City choses the union company over the non -union company, the union pays the difference in the bid cost. Edmonds City Council Draft Minutes July 18, 2023 Page 2 Packet Pg. 146 7.1.a Brian Kelly, a member of the Carpenters Local 206, commented on the importance of keeping Edmonds' money in Edmonds. Union carpenters who work in Edmonds will spend money in Edmonds. He concluded if you go union, you can't go wrong. The members of Local 206 are here and ready to work. Doug Sage, Edmonds, recognized Jack Evans in the audience who has lived on Olympic View Drive for 35 years just as his family has. Over those 35 years, traffic has increased in volume and has gotten more aggressive and noisier. He encouraged the council to consider noise mediation and traffic calming. Olympic View Drive is a collector street in a residential area and it is often difficulty for residents to get in and out of their driveways. His house is across from the gated community Vista Del Mar and has a long driveway with the mailbox on Olympic View Drive. When he stops to get his mail, regardless of the time of day, cars behind him honk and tailgate. He notices speeding the most after 9 p.m., likely younger people driving fast cars and motorcycles. Speeding on Olympic View Drive is dangerous to animals and pedestrians who cross the street. He echoed Mr. Moon's comments. 6. RECEIVED FOR FILING WRITTEN PUBLIC COMMENTS 7. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF SPECIAL MEETING MINUTES OF JUNE 27, 2023 2. APPROVAL OF SPECIAL MEETING MINUTES JULY 5, 2023 3. APPROVAL OF PSPHSP COMMITTEE MEETING MINUTES JULY 11, 2023 4. APPROVAL OF PPW COMMITTEE SPECIAL MEETING MINUTES JULY 11, 2023 5. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 6. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT 7. COMMUNITY ENGAGEMENT VEHICLE DONATION (LYNNWOOD HONDA) 8. BODY WORN CAMERA (BWC) REDACTION FEES 9. TREE BOARD MEMBER APPOINTMENT APPROVAL 10. BOARD/COMMISSION CANDIDATE APPOINTMENT CONFIRMATION 11. BOARD/COMMISSION CANDIDATE APPOINTMENT CONFIRMATION 12. BOARD/COMMISSION CANDIDATE APPOINTMENT CONFIRMATION 13. BOARD/COMMISSION CANDIDATE APPOINTMENT CONFIRMATION 14. BOARD/COMMISSION CANDIDATE APPOINTMENT CONFIRMATION 15. BOARD/COMMISSION CANDIDATE APPOINTMENT CONFIRMATION 8. COUNCIL BUSINESS 1. RESOLUTION INCREASING VEHICLE LICENSE FEE - TRANSPORTATION BENEFIT DISTRICT Public Works Director Oscar Antillon explained over the past few y ears revenues have not kept up with expenses. He reviewed: • Why? o Street Fund Revenues and Expenses Edmonds City Council Draft Minutes July 18, 2023 Page 3 Packet Pg. 147 7.1.a Street Fund Revenues and Expenses a=,sue =ma aaip aw5 aea6 wr> >e�R aei9 aeaa aaai a�aa --Fu Fyenses—.—I-dRci.— • Authority o RCW 82.80.140 o RCW 36.73.065 o RCW 36.73.010 Intent. The legislature finds that the citizens of the state can benefit by cooperation of the public and private sectors in addressing transportation needs. This cooperation can be fostered through enhanced capability for cities, towns, and counties to make and fund transportation improvements necessitated by economic development and to improve the performance of the transportation system. It is the intent of the legislature to encourage joint efforts by the state, local governments, and the private sector to respond to the need for those transportation improvements on state highways, county roads, and city streets. This goal can be better achieved by allowing cities, towns, and counties to establish transportation benefit districts in order to respond to the special transportation needs and economic opportunities resulting from private sector development for the public good. The legislature also seeks to facilitate the equitable participation of private developers whose developments may generate the need for those improvements in the improvement costs. [ 2005 c 336 § 2; 1987 c 327 § 1.] Effective date-2005 c 336: see note following RCW 36.73.015. 0 3.65.030 Functions of the city. A. The city, by a majority vote of the city council, may authorize a motor vehicle license fee as follows: 1. A vehicle fee of up to $20.00 per vehicle as provided for by RCW 82.80.140; 2. A vehicle fee of up to $40.00 as provided in RCW 82.80.140 if a vehicle fee of $20.00 has been imposed for at least 24 months; or 3. A vehicle fee of up to $50.00 as provided by RCW 82.80.140 if a vehicle fee of $40.00 has been imposed for at least 24 months and the city has met all the requirements of RCW 36.73.065(6). What is funded with this revenue? o Edmonds City Coded 3.65.040 Transportation improvements funded. "The funds generated by vehicle fees authorized by the city council in accordance with RCW 82.80.140 shall be used solely for transportation improvements that preserve, maintain and operate the existing transportation infrastructure of the city." Edmonds City Council Draft Minutes July 18, 2023 Page 4 Packet Pg. 148 7.1.a • 290 Lane MILES of roads • 143 Linier miles of painted lines (painted yearly) 497 crosswalks that are applied with Hot Tape (heat applied reflective markings) • 4444 Hot Tape symbols i.e. tum arrows, stop bars, HIC and such • 25 signalized intersections • 33 flashing signs • 71 RRFB's (rectangular rapid flashing beacons) located at crosswalks • 24 school zone flashers (time of day flashing for school times) • 18 radar feedback signs to notify traveling public of their speed • 7823 signs ranging from Stop signs to 3hr parking and everything in between. • 59 City owns Street lights (cobra head lighting) • 26 City owned decorative lighting (Light post In Downtown streets) • 145 Locations that the City must do vegetation control with the tractor mower. • 6971 stormwater catch basins • 1682 stormwater manholes • 2309 stormwater culvert • 632 detention systems, Bio Swales and Rain gardens • 140 lineal MILES of stormwater pipes. • 56 creek crossings and areas checked EVERY Friday to assure proper flow • Photographs of public works crews working on streets • Does increasing tab fees heln to advance council nriorities? 1. How can we reduce property crime in our city? 0 2. How can we improve public safety in high crime areas? 0 3. How can we add a police substation to Highway 99? 4. How can we significantly improve response to medical/fire emergencies at the waterfront? Q 5. How do we improve walkability in all neighborhoods? Q 6. What are non -sidewalk safety methods to protect pedestrians and non -motorized traffic? Q 7. What can we do to reducespeeding on our streets? 0 8. How can we reduce speeding in key problem areas? 76t'', Olympic View Drive, 9' Avenue, 190'9 21 9. How can we start leveraging our volunteers better? 10. Can we harness volunteer labor and knowledge for the benefit of our city/city budget? 11. How can we improve our organizational structure to deliver better outcomes? 12. How can we improve the accountability of staff outcomes? (REDI manager, Code rewrite, comp plan) Q 13. How can we increase beautification in all business districts in Edmonds? 0 14. What can we do to increase direct human services to vulnerable populations in the city, especial y Hwy 99? 15. What city buildings need repair or replacement in the near future and how can we prioritize a list to fix them? 0 16. How can we increase our public green spaces and preserve our mature tree canopy? 17. How can we provide watercraft access to Lake Ballinger for our residents? 18. How can we evaluate consultant/ contractorspending to ensure prudent choices? 0 19. How do we determine the bests stem for electing Councilmembers in Edmonds? 20. How can we collect relevant and statistically valid data for informing decision makers? 21. How do we work better with other south County regarding Ethics Boards? 22. How can we get trash collection service at SW County Park? 23. How do we deal with graffiti, trash and abandoned shopping cards around town? 0 24. How can we achieve a balanced budget without drawing down fund balances? 0 25. How can we have accuracy of questions andprojections? a Edmonds City Council Draft Minutes July 18, 2023 Page 5 Packet Pg. 149 7.1.a 26. How can we prioritize ADA compliance throughout the city? 0 27. How can we accelerate street and sidewalk installation and maintenance? 0 28. How do we get positive environmental action on our waterways and creeks? 0 29. How can we fix the environmental issues in Perrinville? 0 • Street Fund Report (June) 2W nw j e Current Deficit -$ 833,652 00 • Street Department o Maintenance and Preservation Funds Projected End of Year -$ 768,004 . TOO . FUe1 TAX . G-C.1 Fund . UnrU,,J d • Funding options Maintenance and Preservation Funds Maintenance and Preservation Funds w/o additional fee with additional $20 fee .780 • Fuel TA➢t • General Fund ■ TBD • Fuel TAX • General Fund • Staff recommendation: Increase car tab fees by $20. a Edmonds City Council Draft Minutes July 18, 2023 Page 6 Packet Pg. 150 City Attorney Jeff Taraday advised the ordinance in the packet is missing an effective date section. A Section 3 needs to be added that reads, "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 days after passage and publication of an approved summary thereof consisting of the title." Councilmember Teitzel asked for clarification, if the council approves a $20 increase in the car tab fee, it will generate approximately $700,000 annually. Mr. Antillon agreed. Councilmember Teitzel observed by law that entire amount is required to be dedicated to street projects, and cannot be used for any other purpose. Mr. Antillon answered the ordinance prevents using it for anything else. Councilmember Teitzel said during this term as a councilmember as well as during his previous term, citizens have demanded great streets and great safety. Although he was torn about an increase at any time for citizens, this fee has a definite purpose and addresses an issue that citizens say they want. He concluded he has heard repeatedly from citizens that streets and sidewalks are their priorities. Councilmember Paine referred to the list of things that can be funded, commenting it can fund a lot of things the community asks for, but it does not specifically say sidewalks, it is mainly street pavement. Mr. Antillon agreed it was street pavement. Councilmember Paine commented the RCW is pretty explicit about that. Mr. Antillon agreed, noting the City does spend some money on ADA features, but the City does not own all the sidewalks. Councilmember Paine agreed with Councilmember Teitzel's comments that streets are a priority for the community, safety is a public safety issue and the council hears daily about the need to repair potholes. She asked if the new Fix It app was generating work orders for potholes. Mr. Antillon answered the app was getting lots of reports regarding potholes. Councilmember Paine assumed that will also be a good data collection device. Mr. Antillon agreed it was, commenting there were reports about everything; it will be a learning process and staff is excited about it. Councilmember Paine commented new technology provides new information which then expands the workload. Mr. Taraday advised the council could disregard what he said previously about adding a section to the ordinance; this a is resolution, not an ordinance and that language is not required. Councilmember Buckshnis commented she has received 15-20 emails on this topic. She relayed a citizen's question, the General Fund provides some funds for streets since the fee was not raised previously and asked what happened if the council did not approve the increase, whether the General Fund would continue to support streets as it has over the past four years. Mr. Antillon answered either less maintenance is done or the General Fund provides approximately 50% of the necessary funding. It is a matter of priorities; the General Fund has contributed $400,000-$2 million/year. Even with this increase, the contribution from the General Fund will still be needed. Councilmember Buckshnis commented this is a regressive tax and it should have come to the council in 2020, 2021 or 2022 because now the timing is wrong due to hyperinflation. At the two town halls, she heard citizens say they are being priced out of their homes due to inflation and high taxes. Property taxes in Snohomish County increased significantly in the past year. Further, this is premature and should be brought up as part of the budget process. Councilmember Chen referred to reports about traffic issues and heavier traffic, and recognized that traffic calming requires resources as the General Fund cannot cover it all. This tax, like most taxes, is regressive, but he recognized the need. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO ADOPT THE RESOLUTION TO RAISE THE CAR TAB FEE BY $20. Councilmember Olson referred to the presentation slides with pie charts. She pointed out regardless of whether the council approved the increase in the car tab fee, the City will spend the same amount on streets. Edmonds City Council Draft Minutes July 18, 2023 Page 7 Packet Pg. 151 7.1.a Mr. Antillon agreed the pie charts illustrate the need. Councilmember Olson recognized that is a source of frustration by the council and citizens; the council sees the need and hears that residents support spending for this need. It is frustrating that the City is also spending a lot on projects that do not have as much resident support and residents prefer to move money from those projects. She recognized the need for the TBD tax for this purpose, but wanted the pie for streets to be bigger and to spend less General Fund monies in other ways. It is important make this change and acknowledged that the current spending is not adequate. The TBD fee has been not increased since 2008; approximately half the increase accounts for inflation to do the same amount of work and there is a backlog. In the upcoming budget process, the council will be looking for less other programs and more road work. Councilmember Nand did not think a $20 or $40 vehicle licensing fee would break the bank for anyone, but the problem is state government has chosen to fund itself on the backs of working and middle class citizens in an effort to protect the incomes of very high net worth individuals. Even though this is a relatively small ask, a small amount of what a person pays annual for their car tabs, it will be damaging to the budgets of certain people in the community. The tax is regressive because a person earning a six figure salary and driving a late model BMW pays the same tax from their income as a person earning minimum wage and driving a 20 year old car. There is a push to raise revenue to address the City's new spending especially as ARPA funds go away. After getting a lot of feedback from the community, she will offer an amendment that will make her more comfortable to vote in favor of an increase in the car tab fee. She offered the amendment in the spirit of vulnerable members of the community, some of whom may be living in their cars and for whom this $20/year increase on top of the hundreds of dollars the state government is gouging out of their income so they have the privilege of driving on the roads. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER OLSON, TO ADD A NEW SECTION 2, RENUMBERING THE CURRENT SECTION 2 TO SECTION 3, THAT READS, "ANY RESIDENT OF EDMONDS WHO IS ADVERSELY IMPACTED BY THIS INCREASE IN FEES MAY APPLY FOR MONETARY RELIEF FROM THE ENTIRE $40 FEE COLLECTED AS A CITY PORTION OF THE VEHICLE LICENSING FEE THROUGH THE CITY'S ECONOMIC DEVELOPMENT DEPARTMENT. ANYONE WHO HAS PREVIOUSLY QUALIFIED IN THE LAST 24 MONTHS FOR SUPPLEMENTAL NUTRITIONAL ASSISTANCE PROGRAM (SNAP) BENEFITS, ELECTRONIC BENEFIT TRANSFER (EBT) BENEFITS, HOUSEHOLD SUPPORT THROUGH THE CITY OF EDMONDS, WASHINGTON APPLE HEALTH ALSO KNOWN AS MEDICAID, OR A SECTION 8 HOUSING VOUCHER ADMINISTERED BY HASCO AUTOMATICALLY QUALIFIES FOR A $40 REBATE ON THEIR VEHICLE LICENSING FEE ISSUED AS A SEPARATE CHECK BY THE CITY OF EDMONDS ONCE THEY SUBMIT PROOF OF QUALIFICATION FOR ONE OF THE ABOVE LISTED PROGRAMS AND EVIDENCE THEY HAVE PAID THE $40 VEHICLE LICENSING FEE FOR A VEHICLE REGISTERED TO AN ADDRESS LISTED IN THE CITY OF EDMONDS. Councilmember Paine said she loves the amendment, her only comment would be not to specify HASCO, and instead state any housing authority grant, because Everett Housing Authority still has the authority to write housing grants in Edmonds. Councilmember Buckshnis found the amendment wonderful, but said it likely would be very difficult to administer. At the town hall meetings, she heard some people may be priced out by the vehicle license fee increase, but may not qualify for the rebate. Without sufficient data, she was unsure she could support the amendment. Councilmember Olson said she liked the idea philosophically, but wanted to know what allowing rebates would mean to what does/does not get done on the City's streets before voting on the amendment. She asked if the council could pass the TBD fee increase tonight and revisit a program like Councilmember Nand suggested. Mr. Antillon commented it would require Finance and Public Works to track the information and a process would need to be developed. If council approved this, he did not think staff could Edmonds City Council Draft Minutes July 18, 2023 Page 8 Packet Pg. 152 7.1.a implement it because it would be too burdensome for staff. Councilmember Olson suggested revisiting development of a program in the spirit of the amendment in the future. Councilmember Nand thanked Councilmember Paine for offering the amendment related to Everett Housing Authority providing housing vouchers in Edmonds. She thanked Councilmembers Buckshnis and Olson and Mr. Antillon for their feedback. Creating an affirmative obligation for someone to seek out and apply for this program, she anticipated it would be narrowly targeted to those for whom $40/year meant a lot to their annual budget so she did not think thousands would apply. There are people in the community utilizing the programs she mentioned in the amendment, people already connected to social services in Edmonds and in Snohomish County, and this would just be another tool to help support marginalized and vulnerable members of the community. Edmonds is a fairly pretty prosperous place; most people can afford the increase to $40, but for the small number of people for whom this would have an adverse impact, this could be very helpful for them. It is also an acknowledge that this is a regressive tax and should not be impacting minimum wage workers the same as workers earning six figure incomes. Councilmember Teitzel said he did not think he was supportive of the amendment tonight as he needed to learn more about it. It needs more vetting with staff to ensure it can be done and is reasonable. He applauded the notion and intent, but felt it was premature. He has heard from citizens if the council contemplates and potentially approves an increase in the TBD fee, they want the entire amount dedicated to streets in addition to the amount already dedicated. He supported the council committing to increasing the focus on funding the street program. Councilmember Chen applauded Councilmember Nand's intent to help people negatively impacted by the increase. The City currently has a household support program, $2500/household, that residents can apply for. Assistance is available and the City may need to advertise it more so residents are aware of its availability. That $2500 could be used to cover this $20/year increase and much more. The $20 increase will provide additional funds so the City's streets can be maintained; the funds will be dedicated for use on City streets. UPON ROLL CALL, AMENDMENT FAILED (3-4), COUNCILMEMBERS CHEN, PAINE AND NAND VOTING YES; COUNCILMEMBERS TEITZEL, BUCKSHNIS AND OLSON AND COUNCIL PRESIDENT TIBBOTT VOTING NO. UPON ROLL CALL, MAIN MOTION CARRIED (5-2), COUNCILMEMBERS TEITZEL, CHEN, OLSON, PAINE AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBERS BUCKSHNIS AND NAND VOTING NO. 2. AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH VIA ARCHITECTURE FOR COMPREHENSIVE PLAN UPDATE Planning Manager David Levitan reviewed: • Comp Plan Scope and Contract review o July 5 — Staff briefed city council on proposed scope and approach o July 7 — Staff emailed community members who commented on Highway 99 o July 11 — Council committee further discussed scope and approach o July 12 — Planning board provided feedback on and general support for scope and approach, including consolidated EIS approach o July 18 — Request additional feedback on scope of work and authorization for mayor to sign contract with VIA • Consultant RFP and selection process o RFP issued in March and closed in late April; included optional task for Highway 99 SEIS o City received four proposals, which were reviewed in early May Edmonds City Council Draft Minutes July 18, 2023 Page 9 Packet Pg. 153 ■ Two proposals included optional Highway 99 SEIS task (with different approaches) ■ Top two consultant teams were interviewed in mid -May (one with optional SEIS and one without) o Interview panel unanimously selected VIA Architecture Team o City negotiated scope of work, budget and schedule, including: ■ Highway 99 ■ Waterfront issues ■ Environment and natural resources ■ Economic development plan ■ Scale of outreach o The Comp Plan will include all other mandatory elements (housing, transportation, climate change/sustainability, utilities, capital facilities, etc.) Scope of Work, Budget and Schedule o VIA's scope and fee proposal ($650k) includes: ■ Production of the comprehensive plan document ■ Citywide EIS ■ Additional focus on the Highway 99 subarea, including dedicated community outreach, potential plan/code refinements, and SEPA review ■ Development of an Economic Development Plan ■ Illustrative waterfront vision ■ Inclusive engagement with graphic -rich materials o Contract active until plan is approved by Department of Commerce (by December 31, ,2024) o Includes numerous touchpoints with boards/commission and the public including: ■ Five meetings with planning board and two meetings with city council in advance of public hearing; staff will provide additional frequent updates ■ 2-3 meetings in each of the City's neighborhood commercial areas ■ Public EIS scooping and review meetings ■ Online engagement strategies Questions/comments from council and planning board: o Will the Highway 99 area receive the same level of SEPA review as a separate SEIS? ■ Staff and the consultant team are confident that this approach will provide the same level of environmental review as would occur in a standalone EIS, perhaps more, considering the citywide analysis that will afford a more systematic view o What are the consultant travel costs and can they be included in the not to exceed contract amount? ■ The maximum identified travel costs are —$3000 and would be utilized on a time and materials basis. They will be included in the total contract amount. The bulk of the team is based in Seattle. o Concerns about specific community engagement components, such as a small group or 1 on 1 sessions ■ Stepherson and Associates will be developing a community engagement plan upon contract approval; small group sessions will inherently be limited due to cost constraints o Preference for Community Champions to apply and be selected (rather than appointed) ■ The Community Champions is intended to utilize professional staff from historically underrepresented groups. Next steps o Finalize and approve contract with VIA o Draft community vision statement public hearing (August 2) and additional community outreach o Form Community Champions steering committee o Begin preparing background/technical analysis Edmonds City Council Draft Minutes July 18, 2023 Page 10 Packet Pg. 154 7.1.a Councilmember Paine asked if the Community Champions steering committee was the same as the City/Steering Committee described in Section 1.1 of the scope of services. Mr. Levitan answered the City/Steering Committee will be a staff level group. He anticipated there would be representation from boards/commissions. Councilmember Paine appreciated building in a distinction regarding the environment and the data driven statistically valid survey. Councilmember Olson asked if a statistically significant survey had been added and where that was referenced in the scope of services. Mr. Levitan answered it was referenced in the staff report and in the context of developing the community engagement plan. A statistically valid survey is difficult to do, but if that is a council priority, there could be focus as part of the development of the community engagement plan on developing a framework and survey that would accurately reflect the community. Councilmember Olson commented the timing of the survey is relevant. One of the deliverables was asking the community's their priorities, something she wanted determined by a well -constructed, statistically valid survey. Development Services Director Susan McLaughlin explained given the cost of a statistically valid survey, the timing of the survey during the 1 %2 year process would need to be strategic. Consideration of a statistically valid survey would be included in the development of the community engagement plan. A statistically valid survey would be more valuable once the process gets into technical topics such as housing, distribution of density, etc. to understand where the community stands before significant policy decisions are made. Plans for a very robust outreach process are reflected in the fee proposal, looking at issues at the neighborhood level as well as the citywide level and employing multiple outreach tactics. She was confident community priorities could be gleaned via multiple conversations and other data points. Councilmember Olson referred to the up to $3,000 for travel, and asked if that was part of the $649,000 fee. Ms. McLaughlin answered in the current fee proposal, it is separate, but based on council interest, it can be included in the not to exceed amount which would increase the total cost of contract by $3,000. Councilmember Olson recalled the council budgeted $400,000 for the base comprehensive plan update; with the removal of the EIS and the Economic Development Plan based on the itemization, it is still about $500,000. She asked why the cost was still $100,000 higher than budgeted. Ms. McLaughlin answered there is a baseline of inclusive engagement and significantly more due to the hyper focus on the Highway 99 area which added to the cost as well as project management included in each task. A lot of the costs associated with the additional Highway 99 attention are in project management, overall outreach, production of documents, etc. Mr. Levitan said he would need to look at the budget approval as he was not with the City last fall when the budget was prepared to see if the budget anticipated a full EIS. He referred to Shoreline and Mountlake Terrace's consultant contracts; Shoreline's contract is about $450,000 and does not include the Highway 99 type work, community engagement consultant or an economic development plan. Mountlake Terrace's budget is $500,000 which includes a full EIS, but does not include the equivalent of a subarea plan SEIS or an economic development plan. He summarized the bulk of the additional amount is related to the Highway 99 area which was budgeted as a separate $200,000. Staff has not asked to utilize that full amount due to cost savings from the combined approach to the EIS. Councilmember Olson referred to page 12 of the contract, observing the total is $649,000 and subtracting $111,000 for the Highway 99 PAO supplementary scope and $40,000 for the economic development vision is approximately $500,000 which is still $100,000 in excess of the comprehensive plan update budget. Ms. McLaughlin answered the budget is an estimate, made with limited information; the responses to the RFP reflect the true cost. The reality is this is a significant scope of work. For example, the waterfront vision would likely be a $100,000 effort if done separately. Councilmember Olson asked if the illustrative waterfront vision was planning work or a fancy graphic model. Everyone agrees planning is needed, but Edmonds City Council Draft Minutes July 18, 2023 Page 11 Packet Pg. 155 she questioned whether a big, fancy picture was needed and that may a place to save money. Ms. McLaughlin commented creating a vision often requires inspiring people who do not typically think in a future sense and the use of pictures and graphics helps to draw out the best ideas and outcomes. It will inform the land use strategy, land use designations, densities, areas of preservation, rezone opportunities relative to the marsh, etc. She concluded that process would include both. Councilmember Olson commented the "up to" language related to engagement did not cover the council's interests well. For example, up to five means doing one would meet the contract terms which she doubted would be acceptable if five was the preferred number. She did not want to approve the contract with the "up to" amounts and had sent an email to staff relaying that concern. Councilmember Buckshnis said she sent several detailed questions to staff on July 7 and has not received answers. She asked if all four consultants who responded to the RFP were out of state or only VIA. Mr. Levitan answered the bulk of the VIA team is in Seattle; only the principal, who is not the project manager, is out of state, the rest of the VIA team is local. The Herrera team is local, the economic development consultant is based in Portland. With regard to the other consultants that responded to the RFP, one was based entirely in Seattle with some staff in Vancouver, Washington, one was based out of Chicago, and one was based in Seattle and the Bay area. He commented a lot of larger firms have multiple offices and utilize staff from multiple locations. Councilmember Buckshnis said she was extremely concerned about moving forward with this firm. This is a comprehensive plan update that will include rewriting and visioning. The City already did visioning via Everybody's Edmonds which the council was not part of. VIA's scope very convoluted, there is reference to Highway 99 subarea focus, but the delivery documents do not include the Highway 99 subarea plan. The economic development element is being prepared by a Portland consultant; it could be done by the EDC, volunteers who understand Edmonds. She was having a difficult time with how the scope was put together and believed the contract should be rejected and have Herrera do the EIS and SEIS. The council has yet to see documents such as the Equitable Engagement Framework, the Five Corners Alternatives Analysis and Fact Sheet, the Highway 99 Lake Ballinger Subarea Plan and PAO, Reimaging Neighborhoods and Streets that are being provided to the consultant to create a vision when all that is necessary is updating the comprehensive plan. Councilmember Buckshnis continued, $650,000 is a lot of money. She did not think that much needed to be spent when the comprehensive plan could be updated via an EIS and the SEIS as required by Ordinance 4079. She feared so much was being put into the scope that it was getting so convoluted with pretty pictures, when in fact the comprehensive plan update needs to be completed by next year. That could be done by updating the comprehensive plan and adding elements regarding the environment and climate change which should not cost anywhere near $650,000. She reiterated her recommendation to reject the VIA contract and have Herrera do the EIS and SEIS which would avoid the markup from VIA using them and the Portland firm as a subcontractors. Councilmember Buckshnis said she did not understand why everything was being combined; each element of the update needs to be done well and not thrown together. She asked why staff decided to put everything together. Ms. McLaughlin answered the scope included so much because there was budget allocation for an economic development plan, the additional Highway 99 work, specificity and council direction about including the waterfront plan as part of the comprehensive plan, and to consider a rezone of the marsh property. A baseline comprehensive plan update is a significant body of work. She referred to Councilmember Buckshnis' comments about the City's ability to handle 20-year growth from a utility standpoint. That is a body of work that is incorporated into the comprehensive plan and requires significant analysis. The council has also talked about city facilities, how the City can grow and provide resources to the community, community centers, parks, where to house staff, etc. The capital facilities plan is also Edmonds City Council Draft Minutes July 18, 2023 Page 12 Packet Pg. 156 7.1.a included in this comprehensive plan update. The City's past updates have been quite slim and a comprehensive EIS has not been done since 1995. Councilmember Buckshnis commented Kirkland did not do a citywide EIS. The reason the council adopted Ordinance 4079 was because developers would not use SEPA. The intent is to protect citizens in the Highway 99 subarea which is why she supports doing an SEIS. Regarding the marsh rezone, the only thing council has been asking the administration to since 2019 is remove the Edmonds Crossing from the comprehensive plan which does not require visioning and could have been done in 2020 or 2021. She preferred not to do anything related to the marsh because it is still in WSDOT's hands. She questioned spending money to create a vision statement when in fact we know what it is going to be and Edmonds Crossing just needs to be removed from the comprehensive plan. She agreed pretty pictures can be provided, but it needs to be done by 2024 and convoluting everything and adding different elements does not save money. Councilmember Buckshnis suggested using BERK Consulting, a local firm that knows Edmonds, to do the economic development plan. She expressed concern that the update did not utilize consultants that know Edmonds and she did not want Edmonds to become an urban metropolitan area. Mr. Levitan advised staff reached out to all the local consultants, but they indicated they did not have adequate staffing. Edmonds did not receive proposals from the traditional update firms because they have been overwhelmed with work for several years. BERK does a lot of work on housing action plans which has dominated their work for the past few years including developing a plan for Lake Stevens when he worked there. The unavailability of traditional update firms is reflected in the proposals the City received. Councilmember Buckshnis said she asked for the RFP and RFQ. She suggested if everything hadn't been combined into one RFP, the City may have received a better response. She expressed concern that the scope was so convoluted that the end product would be like the PROS Plan which went off base and another $150,000 had to be spent. She noted this $650,000 does not include updating the transportation element so the entire comprehensive plan update will likely cost $800,0004900,000. Mr. Levitan said the difference between this comprehensive plan update and other comprehensive plan updates that have happened in Edmonds in the last 30 years is this is the first time the City has a large projected deficit in meeting its housing growth targets. That is not just a minor comprehensive plan update, that is basically opening up the entire comprehensive plan in a way he did not believe the City had done in the past several decades. Councilmember Buckshnis agreed, but said the comprehensive plan can be updated when HB 1110 is implemented. Council President Tibbott raised a point of order, advising Councilmember Buckshnis has had two touches and asked two questions and it would be beneficial for other councilmembers to have an opportunity to speak. Mayor Nelson concurred. Councilmember Buckshnis pointed out Councilmember Olson asked more than two questions. Mayor Nelson observed Councilmember Buckshnis was repeating the same argument about her concern the proposal was convoluted and everyone understands her point. He suggested Councilmember Buckshnis continue after other councilmembers have had an opportunity to speak. Councilmember Nand commented this is her first time going through a comprehensive plan update, unlike Councilmember Buckshnis who is an old hand at this. The City funds boards and commission so there are residents of the community to provide feedback. They volunteer and spend dozens of hours per year; multiple board/commission members have expressed to her that they feel invalidated and that their work and input is being ignored. Tonight the council passed a regressive tax increase to cover new spending at a time when the community is suffering financially. She knows the planning department works very hard and did not want them to take her comments as personal criticism or her attempting to impugn their work; she was trying to better understand what value the City would get from this contract. Edmonds City Council Draft Minutes July 18, 2023 Page 13 Packet Pg. 157 7.1.a Councilmember Nand asked if VIA would be rewriting the entire comprehensive plan or updating the existing plan. Mr. Levitan answered they will analyze the current plan. There may be goals and policies that would remain. A periodic update checklist has been done to identify areas that are consistent with state law; a number of things need to be updated as a result of the last couple legislative sessions. There would be significant changes to a number of topics, but that will differ by topic area. He anticipated the housing element, the land use element and potential map amendments and associated rezones will be the biggest tasks and will require a lot of technical analysis. That is featured in the scope due to the scale and scope of the changes that are required to be consistent with the GMA and countywide planning policies. He acknowledged not every goal and policy in every element will be changed; there will definitely be carryover goals and policies, but a significant amount of work will be required to review the existing goals and policies and to check in with the community. He concluded it was difficult to generalize for every element; not every goal and policy will be updated, but they will be reviewed to determine which ones stay and where new language is required. In terms of substance in the final product, Councilmember Nand asked how much of the comprehensive plan document did staff expect to be new material generated by VIA by the end of the process. Mr. Levitan answered it was difficult to say. The background analysis that goes into the first several pages of each element will be new information because it is outdated. The goals and policies will be reviewed individually and new goals and policies developed as needed to provide the regulatory framework for any potential zoning changes or other implementation measures related to the comprehensive plan. The intent is to develop a comprehensive plan policy document that provides the foundation. The comprehensive plan is a good guide but it needs to provide a foundation for code implementation, implement ordinances, programs, etc. All the background information will be updated to reflect current conditions. Councilmember Nand asked for an estimate such as would 50% be new material generated by VIA. Ms. McLaughlin answered it was impossible for staff to estimate at this time. Every policy in the document is codependent on other policies; one change requires changing multiple references. Even the slightest change requires comprehensive edits. For example, removing Edmonds Crossing, it is referenced at least 38 times in the document as well as on maps, etc. Councilmember Nand referred to a very detailed criticism of the VIA contract that she and other councilmembers received. One of the points she found troubling was whether members of the community champions steering committee would be residents of Edmonds. As a member of a historically underrepresented community, the idea that someone is selected and has the ability to speak for the community based on their diverse identity is something that people like her deal with frequently. She did not want to proceed with the community champions being appointed and compensated in a way other than a public process where candidates apply. If staff has already identified people they feel would be good participants, she suggested they go through a public application process. She wanted to ensure the selection of the community champions steering committee was done in the most respectful, transparent and open way possible. Ms. McLaughlin encouraged councilmembers to reach out to staff with any questions. The equitable engagement framework suggests a community champions model; that structure has not been formed, a list of members has not been compiled, no one has been invited to participate, etc. That will be done as part of the engagement plan which will be shared and transparent. She assured that was not accurate information that Councilmember Nand heard. Councilmember Nand said that is why she wanted to share the criticism so staff can get ahead of it. She would hate for people to be engaged in the process and then read in the media they are not really members of the community or that they were given an unfair leg up because of their diverse or minority status, Edmonds City Council Draft Minutes July 18, 2023 Page 14 Packet Pg. 158 7.1.a Councilmember Nand expressed concerned with the push to roll the Highway 99 SEIS into a citywide EIS. The reason there was a subarea plan with very tall building heights was because in 2017 the council agreed with the planning department that Highway 99 deserved a streamlined approach for permitting new projects. The council has now heard a tidal wave of anger from that community because applications and permits for new projects are being approved and residents are concerned with giant buildings being constructed in their backyard without being informed that changes to the zoning had occurred. She encouraged the council to pursue a separate Highway 99 SEIS or at least discussion in the upcoming public hearing where feedback on the comprehensive plan update and visioning will be pursued. Councilmember Nand suggested consideration be given to separating out certain items. She asked what value the City gets from Task 3.2, Economic Development — Existing Conditions Review, and how it plays into the need for a comprehensive plan update. She was trying to categorize tasks and justify the price tag for each item the City was hiring VIA for. Mr. Levitan answered typically when developing a plan or vision, an existing conditions report needs to be done first to provide the technical foundation for the economic development vision. It is not superfluous, it is intended to inform that plan and vision and would utilize Mr. Tatum and his team as well as the EDC to provide feedback. He summarized it is the technical background information for the economic development plan. Council President Tibbott observed the state has imposed new housing requirements and as a result, new zoning will be required in the City. As more housing comes on line and there is more population, there will be new infrastructure needs and new utility requirements as well as new amenities for a growing population. He noted this is not just an update, it is also accommodating the requirements placed on the City by other entities. It sounds great that everything was put everything together in one package. Once everything is put together and the comprehensive plan is written, he asked how that helps the City accomplish its goals. Ms. McLaughlin answered many headaches and heartaches are due to outdated policies or approaches or disconnects related to Edmonds Crossing, how to move forward with desirable land use, etc.; the comprehensive plan provides a north star. The point of GMA is to provide a vision, an alignment for growth and transportation to guide the City over the next 20 years. Once the City has that planning framework, zoning amendments can effectuate those changes. That consistency allows for a smoother operating City and clear expectations for stakeholders including private development, business owners, residents, etc. Mr. Levitan explained the key term in the comprehensive plan is comprehensive; the comprehensive plan establishes a policy framework and prioritization and reflects community feedback for not just zoning changes but program development. Funding decisions by the city council utilizing the community engagement is the hidden value of the comprehensive plan, it goes above and beyond GMA and countywide planning policies compliance by providing a roadmap for the future. The City's growth targets and recent legislation will require a fundamental reassessment in the way the City looks at things like housing. Although not part of this contract, examining multimodal level of service in a completely different way is reflected in the budget for that contract. Having a consultant team to tie all these things together is the value of this consultant team and their proposal. Staff is generally comfortable with the SEPA approach, the policy approach, the engagement approach, etc. Council President Tibbott referred to an EIS for the entire City, commenting the environmental impact on Highway 99 impacts others parts of the City and vise versa. For example, the City may make a transportation change in one area of the City, but it can push traffic to the Highway 99 corridor. A citywide EIS allows those issues to be addressed citywide and there are still plans for robust engagement for the Highway 99 area. He concluded it seemed synergistic to him. Mr. Levitan explained when developing alternatives for the comprehensive plan EIS, it obviously looks at the entire City. The proposal is for two alternatives plus a no action alternative, although no changes to land use designations, zone capacity, or zoning would not be an option because the City would be out of compliance with state law and not meet its growth targets. Edmonds City Council Draft Minutes July 18, 2023 Page 15 Packet Pg. 159 7.1.a Mr. Levitan continued, alternatives need to consider the growth targets; there are currently about 3,000 units of zone capacity in the Highway 99 area that has not been utilized through the PAO, only about 400 units of the 3,325 have been spoken for. That zone capacity is based on 2015 growth targets that extended to 2035. Since then, Edmonds' projected population for the 2044 horizon is expected to be 55,000-56,000, almost 10,000 more than was anticipated in 2015 which is a major change. It is difficult to look at the Highway 99 area in a vacuum to accommodate up to 9,000 additional units within the City. Walling off Highway 99 and evaluating only the Highway 99 area in a SEIS and saying there should not be any additional zone capacity in Highway 99 would require those 9,000 units to be spread out through the rest of the City. A lot of them should be spread out through the City which will considered in the update including looking at the housing commission recommendations related to middle housing beyond what is required by HB 1110, courtyard apartments, etc. That is the reason staff and the consultant have proposed this consolidated approach. It is difficult to analyze a specific subarea in the context of a full comprehensive plan EIS and it would be difficult to do them concurrently. Councilmember Teitzel said he did some research into VIA, looking into their portfolio of work, and it appears they are a credible firm that has done work relevant to what Edmonds is asking for. He was also comforted by their plan to work with Herrera Environmental, who is familiar with Edmonds, on the environmental components. He referred to his email exchange with Ms. McLaughlin regarding Ordinance 4079 and whether council should rescind it and her indication that staff was not suggesting council could or should rescind it. He read from their email, "The city council would also have the option to rescind the planned action ordinance and instead rely on project level environmental review until an updated SEIS is prepared." He asked what staff meant by that. Ms. McLaughlin answered staff has the level of confidence that this is the right way to integrate the work into the citywide EIS for the purpose of a system wide analysis that is needed for equity and balance and to ensure the City has the capacity in zoning, utility and transportation to accommodate growth in an equitable way. Staff is confidence in the approach that is outlined and in the proposed contract with VIA. Staff is saying trust us, but if council doesn't, at the end of the analysis, there will still be the opportunity to rescind or amend the subarea plan or the corresponding planned action EIS. That is still an option so the council may as well see what community members want at a depth that can be analyzed relative to the systems and then make a very intentional decision whether a citywide EIS captures what is wanted. That is the most efficient way to get there, but at the end of the day, if the council wants to change the planned action and the subarea plan, that is the time to do it. She was confident in the approach of an integrated effort. Councilmember Teitzel asked if Ordinance 4079 remains in effect and the City proceeds with this consolidate planning approach, whether that approach was in violation of the ordinance. Mr. Levitan asked what part of the ordinance the City would be in violation of. Councilmember Teitzel said in terms of the approach to the Highway 99 subarea. Mr. Levitan said Ordinance 4079 requires a 5-year check -in which was done in October 2022. The specific language in the ordinance delegates authority for determining the need for a supplemental environmental review to the SEPA responsible official which is the planning manager. Former Planning Manager Kernen Lien prepared a document last fall in which he determined a supplemental EIS was not needed. The council still budgeted for and requested an SEIS be done. In consulting with a number of firms and with VIA, it was determined a SEIS was not needed. Ordinance 4079 does not calls for the preparation of a SEIS, only supplemental environmental review as needed and determined by the SEPA responsible official. Councilmember Teitzel said in his opinion, the City has not done justice to ADA issues. The scope of work is silent related to ADA. He asked if that could be added. Ms. McLaughlin advised the transportation plan was the most likely place for an ADA-related scope of work. That is not part of this scope of work, but staff will be working closely with the transportation plan and will need to be consistent with all the elements of Edmonds City Council Draft Minutes July 18, 2023 Page 16 Packet Pg. 160 7.1.a the comprehensive plan. The capital facilities plan will touch on ADA needs, but typically that level detail would be in a granular plan rather than comprehensive plan elements such as an ADA transition plan or as part of the CIP/CFP. Councilmember Teitzel referred to Task 2.2.1 Highway 99/Lake Ballinger Subarea Focused Engagement The team will conduct 3-meetings with Highway 99 community supporting the 6t' neighborhood commercial center at Lake Ballinger to coordinate the subarea plan with the comprehensive plan, and address community concerns and opportunities. He asked about the 6' neighborhood commercial center at Lake Ballinger and whether that was the Burlington Coat Factory property. Mr. Levitan said VIA has identified six neighborhoods of focus and combined the Lake Ballinger and Highway 99 area to overlap with the subarea boundaries. He offered to clarify that with VIA. That task addresses an additional engagement effort to learn about perceived impacts and issues identified by community members in those areas. Councilmember Teitzel asked if it was referring specifically to the Burlington Coat Factory property. Mr. Levitan answered it was not. Councilmember Chen observed the housing bills passed by the legislature will result in dramatic change for Edmonds and he saw the value of comprehensively updating the comprehensive plan. The $650,000 fee is a heavy price tag; Phase 1, project management, meetings and community engagement appears to cost $142,000. He asked if there was an opportunity to save money by using planning board members or volunteers to conduct some of those tasks. Mr. Levitan answered there is a different dynamic when utilizing consultants with specific expertise in community engagement in the way meetings are run and community outreach. He suggested council provide direction regarding a specific dollar amount they were seeking and he could look through the scope to determine how to utilize existing community resources. Councilmember Chen referred to Councilmember Olson's comments that the original budget was $400,000 and with the additional items, it was about $500,000, but the current fee is $650,000, about $150,000 over budget, so there is room for cost saving opportunities. Ms. McLaughlin asked for clarification regarding Councilmember Chen's suggestion to utilize planning board members, and whether he was suggesting instead of community meetings, discussing topics at planning board meetings, or having planning board members host and do the legwork for the community meetings. Councilmember Chen suggested the consultant could provide the structure and the volunteers could do the legwork, host the meetings, etc. to avoid consultant travel costs to conduct meetings. Ms. McLaughlin commented planning board members are volunteers, and they already do quite a lot on their own time. She was uncomfortable asking volunteers to do as much legwork as she knew community engagement takes. An inclusive engagement process costs a lot and she suggested discussing the value of an inclusive engagement process and the value of neighborhood level conversations. It costs money to prepare specific neighborhood materials. There could be a process where public engagement occurs at planning board or city council meetings, but she did not think it would meet the inclusive engagement goals. Councilmember Chen commented there are already extensive resources from the 2017 subarea plan, the work done by the housing commission as well as other existing resources; the wheel does not need to be recreated for every aspect. Ms. McLaughlin explained after doing this for decades, when people aren't engaged and the City relies on a 2017 document, people who were not engage in 2017 now want to be part of the conversation. The City cannot rely on old planning efforts and needs to continue to involve community members in the process of making real time decision to build trust and a community vision for the 20-year strategy to ensure it is inclusive. She empathized with the frustration; there were 8,500 comments during the visioning process, but the City still needs to commit to an inclusive engagement process which takes time and money. Edmonds City Council Draft Minutes July 18, 2023 Page 17 Packet Pg. 161 Councilmember Chen referred to the comprehensive, in-depth visioning process and questioned the need to continue to spend more money on that process. Ms. McLaughlin used middle housing as an example, that wasn't part of the level of granularity that people were asked about in the visioning process. People were asked what they valued about Edmonds and how it shaped the vision for the comprehensive plan. Now the City needs to get into a level of detail with community members about specific housing and transportation needs which is different than the value conversation. Councilmember Chen saw the value of the long term comprehensive plan and asked how the recent Highway 99 landmark acquisition fits into the comprehensive plan. Ms. McLaughlin answered the landmark site is zoned CG which allows the most flexibility and highest density in the City. Conversations around land use and density as it relates to the recent housing bills will affect the landmark site if the City choses to downzone certain aspects of Highway 99. While the comprehensive plan won't master plan that site, that will be a separate process, the two will go hand -in -hand. Councilmember Chen commented that is somewhat contradictory, on one hand the City is doing long term comprehensive planning and the other is let's do this. Ms. McLaughlin explained the assumption for the landmark site is CG zoning and planning will move forward with that assumption. The City is not waiting for the comprehensive plan update to advance on that site. Councilmember Chen said the landmark acquisition is contradictory to long term planning. Mayor Nelson suggested councilmembers keep their comments to the agenda topic. Councilmember Chen asked what happens if council rejects this contract. Mr. Levitan asked for clarification if Councilmember Chen was asking what happens if the council asks staff to refine the scope or if the council is not comfortable with this team and this approach. Councilmember Chen answered probably refine it. Mr. Levitan explained the comprehensive plan update needs to be completed by December 31, 2024. If the council is not comfortable with the contract or the team, then something needs to be figured out asap and go with a different approach because that deadline is looming. A good amount of the work, vision outreach and the legwork on housing bill implementation has been done, but the update process needs to start. If a consultant was not hired for another several months, it would make it difficult to meet the December 31, 2024 deadline. Councilmember Paine commented all but 3 of the 11 items in the RFP were produced in last 5 years and are not reflected in the City's current comprehensive plan such as the gap analysis and equitable engagement framework. It is important for the City to continually ask the community for input. The City has great volunteers who do a lot of work for the City, but the community will lose trust if the City does not continually check in with them. She referred to the Gateway community as an example, an effort that occurred in 2017. Other items in the RFP include the climate action plan, waterfront issues study, the housing needs study, the citizens housing commission policy recommendations, reimaging neighborhoods and streets, the PROS plan and the shoreline master plan. If the council rejects this contract, she assumed those same things will need to be incorporated into the comprehensive plan. Councilmember Paine continued, the 8,500 comments from Everybody's Edmonds were amazing but engagement from the broader community is still necessary; otherwise the City loses the community's trust and the City ends up with moratoria. The state has handed cities a big body of work to incorporate. The comprehensive plan began with housing and transportation and now includes the environment. She was concerned there would not be enough time to update the comprehensive plan which would result in short shrift which the City has suffered from in last comprehensive plans. She was surprised the City had not done a comprehensive EIS since 1995. That was unfair to the community and she was dismayed at that gap. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO ACCEPT THE PLAN AND CONTRACT AS WRITTEN FOR VIA ARCHITECTS FOR THE COMPREHENSIVE PLAN. Edmonds City Council Draft Minutes July 18, 2023 Page 18 Packet Pg. 162 7.1.a Councilmember Paine commented this is an important step and the council will have time during the year to finetune things. This is a not to exceed amount contract. If there are ways to mobilize volunteers, that can be done. If the council does not approve this contract, it will take another six weeks to get another RFP out and then the council will be in the midst of the budget. She urged councilmembers to consider this very good contract and the need to get started. Council President Tibbott was confident in the work staff did to develop the scope and the cost is within the range of what other cities are spending on their comprehensive plans. The additional work to engage the Ballinger area is justified and desirable. The update also incorporates new requirements from the state and Snohomish County. If there is a possibility of saving money by not doing something if there is already enough information, he encouraged staff to remove it. Councilmember Buckshnis said council has not been given a lot of the information. The comprehensive plan gap analysis by Echo NW outlines everything that needs to be changed. She asked why the City did not continue using them. Mr. Levitan answered they did not apply; their focus is on the gap analysis and he had not seen them prepare a full comprehensive plan update. Councilmember Buckshnis asked how much the City paid for the gap analysis report and why was it not provided to council. Ms. McLaughlin advised the equity gap analysis was on the council agenda in Received for Filing. She offered to distribute it again and/or do a presentation. It is background information to provide a sense of the scope as it related to some of the new state bills. She did not know the cost off the top of her head. Councilmember Buckshnis observed it had been added to the website and she was glad staff had added the 8,500 tweets to the website. Council President Tibbott raised a point of order, requesting councilmembers speak to the motion. Mayor Nelson agreed. Councilmember Buckshnis said she was looking at the background documents and the scoping and suggested some needed to be pulled out because they had not been vetted by the citizens or the council. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO REMOVE THE EQUITABLE ENGAGEMENT FRAMEWORK. Councilmember Buckshnis said it had not been brought to the council and she could not find it on the website. This is an important document that council should review before it is provided to the consultant and they spend money reading it. Councilmember Olson said that was one of things she had not seen and agreed it should be removed. She will vote in favor of the amendment. UPON ROLL CALL, AMENDMENT FAILED (3-4), COUNCILMEMBERS TEITZEL, BUCKSHNIS AND OLSON VOTING YES; COUNCILMEMBERS CHEN, PAINE AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING NO. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO PULL THE EDMONDS WATERFRONT ISSUES STUDY. Councilmember Buckshnis recalled this was presented to council and councilmembers had numerous issues with it. The council requested it be updated and errors corrected and returned to council. She did not want to provide documentation to the consultant that was inaccurate and that the council wanted revised. Council President Tibbott relayed his understanding that the council wanted to have Makers come back, but they were not available to continue work on that document. He suggested this was the opportunity to Edmonds City Council Draft Minutes July 18, 2023 Page 19 Packet Pg. 163 7.1.a take that plan to the next level to have a complete waterfront plan. Ms. McLaughlin recalled in previous council meetings she has expressed willingness to bring the report back for discussion and/or editing and has suggested scheduling it on the extended agenda. It is a background document that will serve development of the waterfront plan. Council President Tibbott relayed his understanding VIA would help with the additional information. Ms. McLaughlin advised Makers is no longer on contract related to the waterfront issues paper. Insignificant edits to the document could be made administratively; more substantial edits could be addressed in the waterfront plan itself. Council President Tibbott said that was the benefit of including it in VIA's scope. Councilmember Olson relayed there were not multiple things wrong with the waterfront issues study but recalled she did not agreed with one of the recommendations which is why she wanted it to come back to council. To the point Councilmember Buckshnis made that it is not a good idea for VIA to spend time reading the report until council makes those modifications, she suggested council have an opportunity to make the changes before VIA utilizes it. She did not necessarily want it removed from the scope, but wanted the final document to be what council agreed to. UPON ROLL CALL, AMENDMENT FAILED (2-5), COUNCILMEMBERS BUCKSHNIS AND TEITZEL VOTING YES; COUNCILMEMBERS CHEN, PAINE, OLSON AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING NO. Councilmember Buckshnis referred to reimaging neighborhood and streets in the list of background documentation and materials, commenting she has not seen it, did not know what it meant, and did not want it provided to the consultant for review before the council has vetted it. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO REMOVE REIMAGING NEIGHBORHOOD AND STREETS. UPON ROLL CALL, AMENDMENT CARRIED (4-3), COUNCILMEMBERS TEITZEL, CHEN, BUCKSHNIS AND OLSON VOTING YES; COUNCIL PRESIDENT TIBBOTT AND COUNCILMEMBERS PAINE AND NAND VOTING NO. Councilmember Nand referred to Task 3.1, Project Understanding and Existing Conditions Review, and asked if the City was billed an hourly rate or a flat fee for the consultant's review of background information. Mr. Levitan answered it was a flat fee on a time and materials basis. If it did not require the full amount of time, the consultant would not bill the full amount. Councilmember Nand observed the City was being billed on hourly basis. Mr. Levitan said there is an estimated amount of time they believe it will take to review these documents. Councilmember Nand said Councilmember Buckshnis is attempting to refine the scope which Councilmember Chen was also in favor of. Other tasks and subtasks could be refined and potentially have less impact than removing these documents. She asked how many hours were allocated to this review and what the cost savings from removing them would be. Ms. McLaughlin said the documents and materials allow the consultant to be well versed on the breadth of things that are of recent interest to the community. Inevitably they will need to review these documents anyway as they get into specific topics. Councilmember Nand said that was her assumption. She referred to the $92,000 for community engagement, specifically $21,000 for meetings with the planning board and city council, and $9,000 for engagement with community champions and asked if there were ways to utilize boards and commissions and other community stakeholders to do more volunteer work. She reiterated several board and commission members have expressed frustration that they feel underutilized. She appreciated the point Councilmember Buckshnis is trying to make by removing these item, however, if she was in the consultant's shoes, these are documents she would want to review. She preferred to refine other budget items in the contract instead Edmonds City Council Draft Minutes July 18, 2023 Page 20 Packet Pg. 164 7.1.a of removing background information. Mr. Levitan asked for clarification that the motions to remove documents was intended for the consultant not to review or utilize the documents at all or just not until they were brought before council. Councilmember Olson answered until they had been approved by council. Councilmember Buckshnis expressed concern that the consultant may be provided information the council has never seen or vetted or that needs to be corrected. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO REMOVE FIVE CORNERS ALTERNATIVES ANALYSIS AND FACT SHEET. Councilmember Buckshnis commented this is probably six years old and it never come before the public, the planning board or any other boards for review so it is premature for the consultant to review. Councilmember Chen understood Councilmember Buckshnis' intent was to reduce costs, however, these are important historical documents related to the City that the consultant needs to be aware of. He asked if there was a way to deliver the message differently. He referred to Task 3 under Phase 2, Project Understanding and EIS Scoping $50,000 and suggested having the experts brief the consultants instead of them reviewing the documents and possibly having a different interpretation because they are from California and don't know Edmonds. He suggested taking the consultant on a tour of the City. Ms. McLaughlin answered for staff to synthesize this list and present on it would be a significant amount compared to the consultant flipping through documents which is what planners do. Whether they are in Seattle or Dubai, a consultant needs an overview of all the relevant documents before beginning a plan. It is a scan, an awareness; as they get into topical meetings with stakeholders, community members, agency partners, etc., their awareness of a document allows them to reference it at a different depth. Councilmember Chen reiterated his concern with the $50,000 cost. Councilmember Buckshnis said she wanted to keep the Revisioning Westgate document because the City did an extensive public process for Westgate which was not done for Five Corners. The Five Corners study was done by the University of Washington and never came to council. It has been on the shelf for years and she did not think information should be provided to the consultant that has not had policy or legislative review. Councilmember Nand proposed the planning department revise the scope and propose a more streamlined and less expensive alternative to the present scope with items that could be compressed or refined without damaging the quality of work from the consultant. She suggested reducing the scope by $100,000-$200,000. Council President Tibbott raised a point of order, suggesting councilmembers speak to the amendment. Mayor Nelson ruled point taken. UPON ROLL CALL, AMENDMENT FAILED (2-5), COUNCILMEMBERS BUCKSHNIS AND TEITZEL VOTING YES; COUNCILMEMBERS CHEN, PAINE, OLSON AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING NO. Councilmember Nand asked if it would be possible for the planning department to prepare an alternative scope and budget for engagement with VIA that is $100,0004200,000 less than the proposed contract by removing or compressing items from the present scope. Ms. McLaughlin answered staffs job is to bring the council a contract that meets the need as well as is the most fiscally conservative. The scope has been refined and negotiated. Reducing it by $100,000 would result in significant changes to what would be delivered in the comprehensive plan update and she would be wildly uncomfortable doing that without very specific council direction about what they were willing to give up. Understanding GMA and everything that has significantly changed since 1995 and the 2023 legislative session, the change in growth targets, the complexity of Highway 99 and expectations of community members, she did not know how the cost could Edmonds City Council Draft Minutes July 18, 2023 Page 21 Packet Pg. 165 7.1.a be reduced and if it could, it would be $20,000 and it would delay the process another month. She summarized time is money and this is the best scope with the funding available. Councilmember Nand said since staff is directly engaged with the consultant and have the expertise and background, her preference would be for staff to determine what a skinny version of this contract looks like that would still produce effective deliverables. Mayor Nelson translated Ms. McLaughlin's comments; this is the skinny version. Ms. McLaughlin agreed. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO ADD UNDER TASK 2.1, "NOTICE TO THE PUBLIC WILL BE MADE TO RECRUIT THE COMMUNITY CHAMPIONS AND SELECTIONS WILL BE MADE FROM THE APPLICANTS." Councilmember Olson commented there was nothing in the contract that stated that would happen, but it is something she wants and has heard the community wants. AMENDMENT CARRIED UNANIMOUSLY. Councilmember Olson referred to "The Consultant will host up to two focused rounds..." in Task 2.2, Neighborhood Community Meetings, and suggested "one to two" so zero meetings would not be an option. Ms. McLaughlin agreed with the change. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO REVISE TASK 2.2 TO READ, "THE CONSULTANT WILL HOST UP TO TIALO ONE TO TWO FOCUSED ROUNDS..." AMENDMENT CARRIED UNANIMOUSLY. Councilmember Olson referred to the paragraph in red at the top of page 3 of the contract, pointing out it does not refer to the environmental impacts. She suggested adding "environmental impacts" to the list in parentheses. Mr. Levitan suggested modifying the paragraph to read, "Materials will address potential environmental impacts..." pointing out analysis of environmental impacts is the focus of the SEPA review process. The list refers to specific types of mitigation measures, not the environmental impacts. Councilmember Olson reiterated the paragraph does not address the environment which is a major point. Ms. McLaughlin explained 2.2.1 has two paragraphs, the first is regarding engaging the community on broader issues that may be relevant to the subarea, and the second paragraph is incorporating the community feedback into environmental analysis and potential impacts. She recommended leaving the paragraph as is other than Mr. Levitan's suggestion to change to first sentence on page 3 to read, "Materials will address potential environmental impacts..." COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO MODIFY THE FIRST SENTENCE IN THE SECOND PARAGRAPH IN TASK 2.2.1 TO READ, "MATERIALS WILL ADDRESS POTENTIAL ENVIRONMENTAL IMPACTS..." Councilmember Buckshnis referred to Task 2.2.1, Highway 99/Lake Ballinger Subarea Focused Engagement, pointing out Lake Ballinger is not part of the subarea. Ms. McLaughlin answered the first paragraph in Task 2.2.1 states for the purpose of neighborhood conversations in six neighborhood districts, the Lake Ballinger area will be included with the Highway 99 subarea. The citywide EIS will include environmental analysis for the City as a whole. Councilmember Buckshnis referred to the Highway 99 Lake Ballinger Subarea Plan and PAO in the list of documents in Task 3.1, noting Lake Ballinger is not part of the subarea plan or the PAO. Edmonds City Council Draft Minutes July 18, 2023 Page 22 Packet Pg. 166 7.1.a Councilmember Nand asked if adding "environmental" would address climate change and climate action, specifically extreme weather events and impermeability. Mr. Levitan said climate change impacts would be looked at on a citywide level and would not be a focus of a specific neighborhood. Obviously areas with taller buildings along transportation corridors may experience heat island effects that do not occur as much in other areas, but he anticipated "environmental" would cover that. Staff could advise the consultant that environmental includes analysis of climate change. Councilmember Nand expressed interest in an analysis of shade equity impacts created by tall buildings, increased impermeable surface, and tree removal and asked if that needed to be specifically called out in the contract. Mr. Levitan commented the City is the client and can inform the consultant what should be considered. It is difficult to provide the level of specificity for each topic. He suggested if that was a concern, the wording could be changed to "environmental including impacts of climate change and required adaptation and mitigation." He anticipated the City had enough discretion that staff could direct the consultant team to look at that. Ms. McLaughlin advised a citywide tree canopy assessment was done recently and presented to council, possibly before Councilmember Nand was appointed. It would be relevant to include that on the list of existing conditions documents that will feed into the policy. That would be the best way to address that versus the environmental methodology which typically does not have as much focus on climate change resilience. Councilmember Nand commented the reason councilmembers were struggling with the scope was they were not sure what the deliverable would be in the final product for the cost of the contract. AMENDMENT CARRIED UNANIMOUSLY. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO AMEND THE SECOND ASSUMPTION IN 2.2.1 TO READ, "ALL DIRECT EXPENSES... ROOM RENTAL WHEN CITY FACILITIES ARE NOT AVAILABLE... ". Councilmember Olson wanted to ensure the consultant was aware of the expectation that they should use City facilities to avoid the cost of rentals. Councilmember Paine said that was already covered in the fourth bullet which states neighborhood meetings may leverage City events and the City may provide support for logistics and facilitation. Councilmember Olson said that did not address her concern. Councilmember Paine commented the language Councilmember Olson suggested could result in the consultant paying for a City building versus having a free event at a church. AMENDMENT CARRIED UNANIMOUSLY. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER NAND, TO ADD THE TREE CANOPY ASSESSMENT PER DIRECTION FROM DIRECTOR MCLAUGHLIN. AMENDMENT CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, REFERRED TO THE HIGHWAY 99 LAKE BALLINGER SUBAREA PLAN AND PAO AND REQUESTED "LAKE BALLINGER" BE REMOVED. Councilmember Buckshnis advised Lake Ballinger not part of the subarea plan or included in Ordinance 4079. Councilmember Paine objected to having Highway 99, the Lake Ballinger subarea plan or the PAO removed as they were essential components and removing them would be inequitable. Edmonds City Council Draft Minutes July 18, 2023 Page 23 Packet Pg. 167 7.1.a Council President Tibbott asked if there was a neighborhood map. Mr. Levitan said that was a typo, the subarea plan and the PAO do not cover Lake Ballinger. Staff can tell the consultant that that reference was incorrect. AMENDMENT CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO ADD THE URBAN FOREST MANAGEMENT PROGRAM AS A DOCUMENT. Councilmember Buckshnis commented if the tree canopy assessment is included, the consultant should also see the Urban Forest Management Program which addresses issues such as shading, etc. AMENDMENT CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO ADD THE ECONOMIC DEVELOPMENT ASPECT OF THE COMPREHENSIVE PLAN. Council President Tibbott asked whether that would already be included in the scope of work. Mr. Levitan answered yes, it would be included as part of the update, but there was no harm in clarifying. Councilmember Paine advised that is addressed in Task 3.2, Economic Development — Existing Conditions Review. Councilmember Buckshnis said she did not see economic development in the list of documentation or that there are plans to update the economic development element. There is more to economic development existing conditions review than just barriers to middle housing and assessing real estate development patterns so even though it is implied, it is best to have it included so it is clear that the consulting should consider the economic development element. Ms. McLaughlin suggested adding review of the entire comprehensive plan rather than a specific chapter. Councilmember Olson asked if there was value to adding review of the economic development element under Task 3.2. Ms. McLaughlin preferred to include review of the entire existing comprehensive plan in Task 3.1, Project Understanding and Existing Conditions Review. Amending the scope to itemize review of each chapter is unnecessary. Councilmember Buckshnis commented there is inconsistency because the 2023 Climate Action Plan which is GHG specific was docketed. She wanted to ensure the consultant considered other issues related to economic development and not just barrier housing and real estate development. Councilmember Chen cautioned the addition of documents to the consultant's workload will increase the $650,000 fee. Councilmember Nand asked the consultant's billable hourly rate. Ms. McLaughlin answered it varies based on the task and the level of professional doing that task. Councilmember Nand asked the range. Mr. Levitan said he did not have their full proposal in front of him. Councilmember Nand commented it would be helpful to have an understanding of how much these edits were saving. Ms. McLaughlin advised the contract did not identify the staff member responsible for each task. Councilmember Nand said the dollar amounts in the contract are based on a presumption of a certain number of hours at a certain rate. Mr. Levitan agreed, explaining this was meant to reflect a holistic assessment of conditions, especially more recent analysis that has been done in Edmonds to provide a foundation for the policy document and guide the community engagement. Tasks are typically estimated and then billed at an hourly rate on a time and Edmonds City Council Draft Minutes July 18, 2023 Page 24 Packet Pg. 168 7.1.a materials basis. If a task does not take as long as the consultant estimated, they do not bill the entire amount. Ms. McLaughlin observed the council has added some items and removed some items and she did not expect it would change the not to exceed dollar amount. Councilmember Nand observed staff did not have the range for the hourly rate. Mayor Nelson requested the council keep the discussion to the amendment. Councilmember Nand said she was not comfortable voting on amendments that change the scope if the council did not have an understanding of the financial impact based on the consultant's hourly rates. Councilmember Olson asked if amendment was to add the economic development chapter or the entire comprehensive plan. Councilmember Buckshnis advised it was the economic development chapter. UPON ROLL CALL, AMENDMENT CARRIED (4-2-1), COUNCILMEMBERS TEITZEL, BUCKSHNIS, OLSON AND PAINE VOTING YES; COUNCILMEMBER CHEN AND COUNCIL PRESIDENT TIBBOTT VOTING NO; AND COUNCILMEMBER NAND ABSTAINING. Councilmember Buckshnis pointed out the state passed legislation requiring climate change components be added to the comprehensive plan. The City's climate action plan is GHG centric and does not address sea level rise, carbon sequestering, tree canopy, etc. She asked whether the climate change element would be GHG specific or would it address those other issues. Mr. Levitan advised an element would be developed that was consistent with state law and best management practices. The existing sustainability element was updated in 2020; information from the updated CAP will be incorporated. The CAP is not the same as the climate change and sustainability element so a wider variety of issues will be considered. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND THE MEETING TO 10:20. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO REMOVE TASK 5.1, CREATIVE ANALYSIS AND PLAN ALTERNATIVES. Councilmember Buckshnis expressed concern with moving away from a comprehensive plan update and doing GIS modeling, testing land use, zoning and massing as that should occur after the comprehensive plan has been updated. She did not think it was appropriate for scenario planning to be in a comprehensive plan update and recommended it be removed. Mr. Levitan commented if the term scenario planning was an issue, that section was intended to provide the goal and policy foundation for the alternatives analyzed in the EIS. The City is required to look at a couple different alternatives or scenarios to meet its growth targets when preparing a comprehensive EIS. This would occur after all the analysis and engagement is done and feedback has been provided by the community regarding how to meet growth targets. It could be called something else so it does not seem like some esoteric scenario analysis. This is the bread and butter of the policy development, the link between policy writing, background analysis community engagement. Councilmember Olson said that satisfied her concerns. Councilmember Buckshnis said her concern is the EIS should be a subcomponent of the comprehensive plan. Mr. Levitan referred to the environmentally focused analysis, explaining based on that analysis, the evaluation of the alternatives and the preferred alternative leads to specific land uses in specific parts of the City. The integrated EIS is not technically an element of comprehensive plan, but is required in this case because the City has not done one in so long and enough things need to be changed. Councilmember Buckshnis reiterated Kirkland did not do an EIS. She commented the complete EIS will be a subcomponent of the comprehensive plan and elements of the EIS will be integrated via this scenario planning. Mr. Levitan explained it is cyclical; as the plan alternatives are developed and policies are considered, they feed into the environmental review that includes a preferred alternative. If the preferred alternative is to put more growth Edmonds City Council Draft Minutes July 18, 2023 Page 25 Packet Pg. 169 7.1.a downtown, on Highway 99 or in neighborhood commercial centers, the policy development is far enough along that it is evaluated in the preferred alternative. Councilmember Buckshnis commented Task 5.1 is to implement the EIS into comprehensive plan. Mr. Levitan responded the analysis is incorporated, there will not be specific language included in the comprehensive plan. COUNCILMEMBER BUCKSHNIS WITHDREW THE AMENDMENT WITH THE AGREEMENT OF THE SECOND. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO REVISE "CONDUCT TARGETED ONE-ON-ONE BRIEFINGS (UP TO 5) IN THE FOURTH BULLET IN TASK 3.1 TO "A MINIMUM OF THREE TO FIVE." AMENDMENT CARRIED UNANIMOUSLY. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO REVISE "UP TO (2) ONE-ON-ONE MEETINGS" IN THE FIFTH BULLET IN TASK 3.1 TO "TWO." MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER NAND, TO REVISE THE FIRST BULLET UNDER DELIVERABLES IN TASK 5.2 TO READ, "PRESENTATION FO TO AND VETTING OF THE ECONOMIC DEVELOPMENT VISION AND ACTION STRATEGY TO BY THE EDC AND PLANNING BOARD IN A JOINT SESSION." Councilmember Olson explained the intent was a participatory, collaborative process and the input of the EDC and planning board do matter. Councilmember Buckshnis said she planned to make the same motion. She was concerned about the amount of money and wondered whether this high level analysis needed to be performed when there is no code yet for ADUs, cottages, duplexes, triplexes, fourplexes, etc. She was concerned about the cost of developing scenarios. She supported the motion because there would be some vetting, commenting this is Edmonds, not Seattle or some big city and this seems way over the top. AMENDMENT CARRIED UNANIMOUSLY. Councilmember Olson pointed out a scrivener's error in the last item on Task 6.1, "streeting" should be changed to "steering." She referred to the deliverables under Task 6.3 which include presentation with vision for neighborhood commercial areas and asked who will receive that presentation and should be it be presentation and vetting. Ms. McLaughlin answered it was a presentation to the neighborhood stakeholders at the three neighborhood meetings. It would be a presentation of the vision as a result of the feedback. Councilmember Buckshnis pointed out inconsistencies between Task 6.2 that refers to submitting an Economic Development Vision and Strategies Memo; Task 6.3 refers to an Economic Development Plan Memo. She was worried about the cost and asked if the element was being updated or was a vision and strategy being developed. Mr. Levitan answered this task is specifically related to an economic development plan that would be adopted by reference with items outside the typical goals and policies. This is a separate budget item approved for community services and economic development which is why there are elements beyond the traditional comprehensive plan element. It is basically an economic development vision that would be used as the goal and policy framework for the comprehensive plan element. Councilmember Buckshnis relayed she had a problem with all the deliverables. She asked why the consultant would be asked for recommended code changes for the ECDC, envisioning code comes after the vision is provided. She asked why the City would pay a consultant to provide code changes. Mr. Levitan Edmonds City Council Draft Minutes July 18, 2023 Page 26 Packet Pg. 170 7.1.a answered it is not a mandatory part of the comprehensive plan contract, but a common deliverable for a firm that has done the goal and policy is to take the next step knowing the City will make changes to the code as statutory required within six months of the adoption of the comprehensive plan. If the council wanted to rely entirely on staff, that could be done, but this is a common deliverable. Councilmember Buckshnis observed code writing is much different that visioning and writing a comprehensive plan. She anticipated getting rid of some of the deliverables could lower the cost of the contract. She did not think the City needed the consultant to make development code recommendations. Ms. McLaughlin explained per GMA, the zoning code must be consistent with the comprehensive plan. The consultant will not write the code, but will identify aspects of the existing code that will need to be changed due to changes in the comprehensive plan. It gives the City a springboard into making those code changes which she suspected would be significant based on the scale of the comprehensive plan update. She highly recommended utilizing that service to ensure the City meets the GMA requirements. Councilmember Buckshnis asked whether the City was incorporating the new state housing bills in this comprehensive plan update. She hoped that would be done in a future comprehensive plan update as not all the information is known. Mr. Levitan answered the goal and policy framework will be provided to be consistent with state law. To be consistent with the comprehensive plan, the zoning code will need to be consistent with state law with regard to recent housing bills. It would be irresponsible not to consider those in creating a goal and policy document and provide a foundation for those zoning changes that will need to be implemented. The housing bills cannot be ignored knowing that within after six months after adoption, the City's zoning will need to be changed to allow duplexes on a majority of lots and up to fourplexes on certain lots within proximity to transit. Councilmember Buckshnis pointed out HB 1110 takes effect in 2025. Mr. Levitan said the code has to be updated by 2025. The City will need to work on it during the comprehensive plan update and cannot wait until January 1, 2025. Consideration needs to be given to creating a goal and policy document that will be consistent with state law at the time of adoption. Councilmember Buckshnis pointed out there has not been a ruling from the Department of Commerce on the specifics. Mayor Nelson reminded councilmembers to keep their comments relevant to the main motion. UPON ROLL CALL, MAIN MOTION AS AMENDED CARRIED (5-2), COUNCILMEMBERS TEITZEL, CHEN, OLSON, AND PAINE AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBERS BUCKSHNIS AND NAND VOTING NO. Mayor Nelson thanked Mr. Levitan and Ms. McLaughlin for their professionalism and expertise and said he values everything they do for the City. 3. RESOLUTION REGARDING 2024 BUDGET PRIORITIES Council President Tibbott suggested in light of the vast amount of input and documentation in the packet and subsequent edits and amendments that have been sent to the council office this week, the amended resolution be on next week's consent agenda. Any further amendments or suggestions can be incorporated in the document. It was the consensus of the council to put the resolution on the consent agenda next week. 9. MAYOR'S COMMENTS Mayor Nelson reminded of the Edmonds Police Department Guns for Gift Cards buyback event on Saturday from 9 a.m. to 12 p.m. at the Public Works building. 10. COUNCIL COMMENTS Edmonds City Council Draft Minutes July 18, 2023 Page 27 Packet Pg. 171 Councilmember Chen promoted the Fit It Edmonds app, commenting he has tried it, it works and is very effective. The response was quick and action was taken quickly. He encouraged the public to use it and make Edmonds an even better place. Councilmember Paine thanked Lynnwood Honda for the community engagement vehicle and Commander Hawley for putting that program together. She liked the Fit It app, finding it great for data collection as well as ensuring issues on the City's roads and parks are addressed. The Coffee with Cops event was very successful and she was happy the message about speeding got carried forward. Council President Tibbott commented councilmembers all learned a lot about the comprehensive plan tonight which will make them better participants in future deliberations. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND TO 10:22. MOTION CARRIED UNANIMOUSLY. Councilmember Olson reminded of the public hearing regarding the comprehensive plan vision statement on August 2. The raw data used to create the draft vision statement is available on the City's website. Councilmember Nand reported prior to tonight's meeting, the council held a special meeting to interview candidates for the salary commission and the planning board alternate. Those appointments were approved on tonight's consent agenda. She welcomed Kathy Erhlich, Gary Holton, Angela Zhang, Bill Taylor and Brook Roberts to the salary commission and Emily Nutsch as the alternate on the planning board. She thanked them for volunteering, commenting the City is greatly enriched by its volunteers. Councilmember Buckshnis thanked Todd Cloutier who is retiring after serving on the planning board for over decade. She was invited to participate on a panel along with David Trout, Chair, Puget Sound Partnership Salmon Recovery Council, and Laura Blackmore, Executive Director, Puget Sound Partnership, to talk about salmon recovery issues, regional and local collaboration, and what needs to happen to make Puget Sound a better place. Councilmember Chen announced his appointment of Ian Egan to the tree board, commenting he was the right person with the expertise. 11. ADJOURN With no further business, the Council meeting was adjourned at 10:21 p.m. Edmonds City Council Draft Minutes July 18, 2023 Page 28 Packet Pg. 172 7.2 City Council Agenda Item Meeting Date: 07/25/2023 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 check #65742 dated July 5, 2023 for $1,228.83, payroll checks #65743 through #65755 dated July 20, 2023 for $10,549.83, payroll direct deposit for $810,152.42, benefit checks #65756 through #65762 and wire payments for $769,105.76, for the pay period of July 1, 2023 through July 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 07-15-2023 payroll earnings summary 07-15-2023 payroll earnings summary 07-05-2023 kelly day Packet Pg. 173 Benefit Checks Summary Report City of Edmonds Pay Period: 1,099 - 07/01/2023 to 07/15/2023 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 65756 07/20/2023 bpas BPAS 5,245.69 0.00 65757 07/20/2023 chap1 CHAPTER 13 TRUSTEE 175.00 0.00 65758 07/20/2023 epoa2 EPOA-POLICE 6,279.00 0.00 65759 07/20/2023 epoa3 EPOA-POLICE SUPPORT 731.51 0.00 65760 07/20/2023 icma MISSIONSQUARE PLAN SERVICES 5,871.63 0.00 65761 07/20/2023 flex NAVIA BENEFIT SOLUTIONS 4,280.61 0.00 65762 07/20/2023 teams TEAMSTERS LOCAL 763 5,978.00 0.00 28,561.44 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3543 07/20/2023 awc AWC 405,552.64 0.00 3549 07/20/2023 us US BANK 155,495.46 0.00 3550 07/20/2023 mebt WTRISC FBO #N317761 141,344.85 0.00 3552 07/20/2023 pb NATIONWIDE RETIREMENT SOLUTION 6,473.00 0.00 3553 07/20/2023 wadc WASHINGTON STATE TREASURER 30,973.37 0.00 3555 07/20/2023 oe OFFICE OF SUPPORT ENFORCEMENT 705.00 0.00 740,544.32 0.00 Grand Totals: 769,105.76 0.00 7.2.a 0 a m v m L_ Y V m t m c a� 0 0 L CL 4- 0 M 0 L Q a Q M N 0 N LO ti 0 c� E E Y V d t V w d C N a+ C d E t V R r r Q 7/19/2023 Packet Pg. 174 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,099 (07/01/2023 to 07/15/2023) Hour Type Hour Class Description Hours Amount 120 SICK SICK LEAVE - L & 1 72.00 3,578.85 121 SICK SICK LEAVE 297.75 14,928.02 122 VACATION VACATION 2,212.56 118,962.26 123 HOLIDAY HOLIDAY HOURS 211.50 10,373.34 124 HOLIDAY FLOATER HOLIDAY 50.00 2,863.25 125 COMP HOURS COMPENSATORY TIME 319.19 17,017.56 128 HOLIDAY Holiday Bank WWTP 148.00 7,297.64 129 SICK Police Sick Leave L & 1 144.00 7,889.99 150 REGULAR HOURS Kelly Day Used 168.00 8,793.41 155 COMP HOURS COMPTIME AUTO PAY 166.21 9,556.81 160 VACATION MANAGEMENT LEAVE 95.00 8,338.19 190 REGULAR HOURS REGULAR HOURS 15,421.00 814,945.42 193 REGULAR HOURS LIGHT DUTY 20.00 1,043.68 194 SICK Emergency Sick Leave 64.00 1,900.75 210 OVERTIME HOURS OVERTIME -STRAIGHT 146.75 8,009.19 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 3,265.75 216 MISCELLANEOUS STANDBY TREATMENT PLANT 15.00 1,705.44 220 OVERTIME HOURS OVERTIME 1.5 449.50 34,268.47 225 OVERTIME HOURS OVERTIME -DOUBLE 9.50 938.08 400 MISCELLANEOUS MISC PAY 0.00 1,900.00 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 2,966.38 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 1,572.98 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 -310.46 602 COMP HOURS ACCRUED COMP 1.0 82.00 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 228.75 0.00 606 COMP HOURS ACCRUED COMP 2.0 3.50 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 175.59 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 238.28 colre MISCELLANEOUS Collision Reconstruction ist 0.00 54.76 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 201.58 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 113.61 ctr MISCELLANEOUS CTR INCENTIVES PROGRAM 0.00 320.00 deftat MISCELLANEOUS DEFENSE TATICS INSTRUCTOR 0.00 94.36 det MISCELLANEOUS DETECTIVE PAY 0.00 138.08 det4 MISCELLANEOUS Detective 4% 0.00 771.32 07/19/2023 Packet Pg. 175 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,099 (07/01/2023 to 07/15/2023) }, Hour Type Hour Class Description Hours Amount ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 837.60 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 420.60 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 10,104.58 firear MISCELLANEOUS FIREARMS INSTRUCTOR 0.00 348.87 hol HOLIDAY HOLIDAY 1,376.86 77,051.56 k9 MISCELLANEOUS K-9 PAY 0.00 138.08 less MISCELLANEOUS LESS LETHAL INSTRUCTOR 0.00 98.73 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 871.73 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 1,477.09 Ig12 LONGEVITY Longevity 9% 0.00 1,836.83 Ig13 LONGEVITY Longevity 7% 0.00 1,349.83 Ig14 LONGEVITY Longevity 5% 0.00 547.56 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 346.28 Iq4 LONGEVITY Lonqevitv 1% 0.00 1,101.32 Iq5 LONGEVITY Longevity 3% 0.00 2,522.49 Iq7 LONGEVITY Longevity 1.5% 0.00 562.08 Iq8 LONGEVITY Longevity 8% 0.00 337.04 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 138.08 pfml ABSENT Paid Family Medical Leave 4.00 0.00 pfmp ABSENT Paid Family Medical Unpaid/Sup 18.00 0.00 pfmv VACATION Paid Family Medical Vacation 10.00 521.86 phy MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 2,182.91 sdp MISCELLANEOUS SPECIAL DUTY PAY 0.00 388.30 sqt MISCELLANEOUS ADMINISTRATIVE SERGEANT 0.00 219.02 slw SICK SICK LEAVE ADD BACK 344.61 0.00 st REGULAR HOURS Serqeant Pay 0.00 164.27 str MISCELLANEOUS STREET CRIMES 0.00 219.02 traf MISCELLANEOUS TRAFFIC 0.00 250.60 vap VACATION Vacation Premium 32.00 1,571.04 22,157.68 $1,189,519.95 Total Net Pay: $820,702.25 07/19/2023 Packet Pg. 176 Hour Type Hour Class 149 KELLY DAY Payroll Earnings Summary Report City of Edmonds Pay Period: 1,138 (07/05/2023 to 07/05/2023) Description KELLY DAYS BUY BACK Hours Amount 36.00 1,612.94 36.00 $1,612.94 Total Net Pay: $1,228.83 7.2.c 07/19/2023 Packet Pg. 177 7.3 City Council Agenda Item Meeting Date: 07/25/2023 Approval of claim checks and wire payment. Staff Lead: Dave Turley Department: Administrative Services Preparer: Lori Palmer Background/History Approval of claim checks #258354 through #258420 dated July 20, 2023 for $389,696.22. Staff Recommendation Approval of claim checks 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: positive pay 7-20-2023 Agenda Packet Pg. 178 7.3.a apPosPay Positive Pay Listing Page: 1 7/20/2023 10:17:07AM City of Edmonds Document group: mmccreary Vendor Code & Name Check # Check Date Amount 065052 AARD PEST CONTROL 258354 7/20/2023 571.30 000135 ABSCO ALARMS INC 258355 7/20/2023 5,671.74 075836 AKTIVOV LLC 258356 7/20/2023 7,845.50 000850 ALDERWOOD WATER DISTRICT 258357 7/20/2023 237,689.60 073573 ANIXTER 258358 7/20/2023 468.02 069751 ARAMARK UNIFORM SERVICES 258359 7/20/2023 67.73 070305 AUTOMATIC FUNDS TRANSFER 258360 7/20/2023 903.44 001801 AUTOMATIC W ILBERT VAULT CO 258361 7/20/2023 961.00 028050 BILL PIERRE FORD INC 258362 7/20/2023 434.09 072005 BROCKMANN, KERRY 258363 7/20/2023 1,066.65 073029 CANON FINANCIAL SERVICES 258364 7/20/2023 272.43 073249 CG ENGINEERING, PLLC 258365 7/20/2023 697.50 075384 CONOM LAW FIRM PLLC 258366 7/20/2023 2,406.25 064531 DINES, JEANNIE 258367 7/20/2023 2,256.00 007253 DUNN LUMBER 258368 7/20/2023 74.31 079281 DVAADVERTISING & PUBLIC REL 258369 7/20/2023 11,412.53 007625 EDMONDS ARTS FESTIVAL 258370 7/20/2023 500.00 007775 EDMONDS CHAMBER OF COMMERCE 258371 7/20/2023 2,420.77 076610 EDMONDS HERO HARDWARE 258372 7/20/2023 47.63 008705 EDMONDS WATER DIVISION 258373 7/20/2023 122.32 068803 EJ USA INC 258374 7/20/2023 5,919.93 008812 ELECTRONIC BUSINESS MACHINES 258375 7/20/2023 179.10 009350 EVERETT DAILY HERALD 258376 7/20/2023 65.36 066378 FASTENAL COMPANY 258377 7/20/2023 555.84 072493 FIRSTLINE COMMUNICATIONS INC 258378 7/20/2023 292.83 078293 FOUR DAY FIREPLACE 258379 7/20/2023 72.80 012199 GRAINGER 258380 7/20/2023 557.35 076542 GRANICUS 258381 7/20/2023 1,566.35 074722 GUARDIAN SECURITY SYSTEMS 258382 7/20/2023 66.85 064528 HI -LINE ELECTRICAL 258383 7/20/2023 100.91 076240 HM PACIFIC NORTHWEST INC 258384 7/20/2023 869.44 067862 HOME DEPOT CREDIT SERVICES 258385 7/20/2023 1,273.11 061013 HONEY BUCKET 258386 7/20/2023 4,387.52 069366 ISSAQUAH HONDA KUBOTA 258387 7/20/2023 4,224.10 066585 KINNEY, DON 258388 7/20/2023 722.68 079328 MACKAY, KELLY & GREG 258389 7/20/2023 108.00 068186 MATTHEWS, STEVE 258390 7/20/2023 274.54 020900 MILLERS EQUIP & RENT ALL INC 258391 7/20/2023 228.41 021983 MOTOR TRUCKS INT'L & IDEALEASE 258392 7/20/2023 623.00 079204 NAND, JENNA 258393 7/20/2023 9.91 067834 NATIONAL CONSTRUCTION RENTALS 258394 7/20/2023 39.78 072739 O'REILLYAUTO PARTS 258397 7/20/2023 53.81 065720 OFFICE DEPOT 258395 7/20/2023 48.62 063750 ORCA PACIFIC INC 258396 7/20/2023 412.99 027060 PACIFIC TOPSOILS 258398 7/20/2023 2,775.50 069873 PAPE MACHINERY INC 258399 7/20/2023 19,387.63 072507 PEACE OF MIND OFFICE SUPPORT 258400 7/20/2023 324.00 078975 PETERSON, BECKIE 258401 7/20/2023 18.34 079209 PLANIT GEO INC 258402 7/20/2023 8,058.00 068697 PUBLIC SAFETY TESTING INC 258403 7/20/2023 605.00 068657 ROBERT HALF 258404 7/20/2023 4,620.00 064769 ROMAINE ELECTRIC 258405 7/20/2023 722.48 079221 SEATOWN ELECTRIC PLUMBING 258406 7/20/2023 119.00 Page: 1 Packet Pg. 179 apPosPay Positive Pay Listing 7/20/2023 10:17:07AM City of Edmonds Document group: mmccreary Vendor Code & Name Check # Check Date Amount 063306 SHERWIN-WILLIAMS 258407 7/20/2023 107.13 075628 SNO CO DEPT OF EMERG MGMT 258408 7/20/2023 14,876.50 037375 SNO CO PUD NO 1 258409 7/20/2023 7,305.52 006630 SNOHOMISH COUNTY 258410 7/20/2023 1,184.00 040917 TACOMA SCREW PRODUCTS INC 258411 7/20/2023 67.58 075025 THE BRANDING IRON LLC 258412 7/20/2023 9.95 072649 THE WIDE FORMAT COMPANY 258413 7/20/2023 116.03 038315 TK ELEVATOR CORPORATION 258414 7/20/2023 1,869.10 064423 USA BLUE BOOK 258415 7/20/2023 128.29 044960 UTILITIES UNDERGROUND LOC CTR 258416 7/20/2023 345.72 077785 WASHINGTON KIDS IN TRANSITION 258417 7/20/2023 26,787.24 073552 WELCO SALES LLC 258418 7/20/2023 335.55 011900 ZIPLY FIBER 258419 7/20/2023 1,261.27 051282 ZUMAR INDUSTRIES INC 258420 7/20/2023 130.35 GrandTotal : 389,696.22 Total count: 67 r Q Page: 2 Packet Pg. 180 7.4 City Council Agenda Item Meeting Date: 07/25/2023 Approval of Minor Code Amendment Package #2 (AMD2023-0005) Staff Lead: Rose Haas Department: Planning Division Preparer: Rose Haas Background/History As part of the code modernization process recognized by the City Council in October 2022, the Council adopted Ordinance 4295 on March 7, 2023, which created the new minor code amendment review process in Chapter 20.80 of the Edmonds Community Development Code (ECDC). The minor process allows for streamlined review and cleanup of minor development code items in Titles 15 - 24 ECDC. Council also expressed interest in making similar minor changes to Titles 1 - 10 of the Edmonds City Code (ECC). This work is not subject to the minor code amendment process in ECDC 20.80 but can be included with regular omnibus revision packages and is in this case. The intent is to bring these packages to Council on a periodic basis (quarterly to start). Staff Recommendation Review the attached spreadsheet (Attachment 2) which lists the proposed minor code amendments in this package. If there are questions, Council is requested to provide staff additional guidance for future packages, or propose removal of any of the sections proposed for amendment in Attachment 1. If there are no questions, Council is requested to adopt the attached ordinance (Attachment 1), which shows the code amendments as stFik /underline text in Exhibit A. Narrative The attached Minor Code Amendment Package 2023-2 spreadsheet (Attachment 2) provides an overview of the 256 minor amendments proposed to ECC and ECDC. The minor changes are divided into 33 categories. Categorically, there are 23 minor amendments subject to ECDC 20.80 and a further five minor amendments to Titles 1 - 10 ECC, which are not subject to ECDC 20.80. There are four minor amendments that occur in both Titles 1- 10 and 15 - 24. There are six columns that include the following information: 1) Code reference - the section, chapter or location(s) proposed for change 2) Current code language proposed for change 3) Number of occurrences - the number of times the change will be made in the code 4) Proposed change - what is proposed to be done whether eliminating or updating language 5) Reason for the proposed change - outdated reference, typo 6) Notes - context about the reason for the proposed change Examples Below are several examples from the spreadsheet. Emphasis has been added by Planning staff for clarification. Packet Pg. 181 7.4 Outdated Reference: Sections that no longer apply to current code due to the passage of time, updated protocol, or changes in technology. ECDC 15.00.040.A Duties of officials "Community Development Director. The community development director shall administer and enforce the provisions of ECDC Titles 15, 16, 17, 20 and 21, except for those provisions to be enforced by the building official." Typo: An incorrect reference, spelling error, or other formatting typographical error. ECDC 20.12.020.A.5 Design review by the architectural design board "....The continuance is intended to provide the applicant with sufficient time to prepare the material required for Phase 1 of the public hearing, including any design or redesign needed to address the input of the public and ADB during Phase 1 of the public hearing by complying with the prioritized checklist." Redundant: Sections that have been recodified into other chapters. Chapter ECDC 17.35 Keeping of domesticated animals in residential zones. Recodified to ECC 5.05.015 by Ord. 3988 Inconsistency: Sections that are not consistent with newer adopted municipal/state ordinances. ECDC Section 17.50.070.13 Downtown business area parking requirements. "The downtown business area consists of all land zoned BC, BD, or CW and located in the area east of Puget Sound, south of Edmonds Street, west of Seventh Avenue, and north of Pine Street..." Needs clarification: Sections that are vague or not manifestly legible. ECDC Section 15.00.020 Application fees. "This section shall apply to any and all fees charged by the city planning division, public works department, building division and for park dedication, parking and variance from undergrounding. Such fees may be established from time to time by resolution of the city council." Fees not listed in Chapter 15.00 since 1996 when they were removed per Ordinance 3108. Attachments: Attachment 1 - AMD2023-0005 Ordinance Attachment 2 - Minor Code Amendment Package 2023-2 Packet Pg. 182 7.4.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING VARIOUS MINOR UPDATES TO THE EDMONDS CITY CODE AND THE EDMONDS COMMUNITY DEVELOPMENT CODE, NONE OF WHICH CONSTITUTE SUBSTANTIVE POLICY CHANGES WHEREAS, the city council adopted Ordinance 4295 to create a streamlined process for updating the city code; and WHEREAS, the streamlined process is intended for code amendments that are minor, noncontroversial, and lacking any substantive policy changes that would require more in depth consideration; and WHEREAS, the amendments adopted by this ordinance have been deemed appropriate for this new streamlined process in that no councilmember requested that any of these amendments be removed from the streamlined process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 2.12.010 of the Edmonds City Code, entitled "Fire service," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikethr-ough). Section 2. Section 2.25.050 of the Edmonds City Code, entitled "Travel authorization and expense reimbursement policies," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-eugk). Section 3. Section 2.50.010 of the Edmonds City Code, entitled "Firemen's pension board created," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 4. Section 3.13.010 of the Edmonds City Code, entitled "Purpose," is hereby amended to read as shown in Exhibit A, which is attached hereto and 1 Packet Pg. 183 7.4.a incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 5. Section 3.16.010 of the Edmonds City Code, entitled "Parks trust fund," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikethr-oug ). Section 6. Section 3.17.010 of the Edmonds City Code, entitled "Historic preservation gift fund," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-eugk). Section 7. Section 3.20.050 of the Edmonds City Code, entitled "Occupations subject to tax - Amounts," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 8. Section 3.22.030 of the Edmonds City Code, entitled "Repayment directed," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strike). Section 9. Section 3.26.010 of the Edmonds City Code, entitled "Declaration of intent and purpose," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 10. Section 3.30.060 of the Edmonds City Code, entitled "Authorization to contract with state," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 11. Section 3.34.060 of the Edmonds City Code, entitled "Special fund created — Purposes enumerated," is hereby amended to read as shown in Exhibit A, which is 2 Packet Pg. 184 7.4.a attached hereto and incorporated herein as if fully set forth (new text is shown in underline, deleted text is shown in str-ikethr-eug ). Section 12. Section 3.36.080 of the Edmonds City Code, entitled "Establishment of impact fee accounts," is hereby deleted as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (deleted text is shown in stfikethr-oug ). Section 13. Section 3.40.030 of the Edmonds City Code, entitled "Form of bonds," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strilethreugh). Section 14. Section 3.40.050 of the Edmonds City Code, entitled "Delinquent assessments Acceleration of installments due," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikedffeugh). Section 15. Section 3.40.070 of the Edmonds City Code, entitled "Improvement orders — Special funds," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 16. Section 3.40.100 of the Edmonds City Code, entitled "Awarding contract — Rejection of bids — Failure of successful bidder to perform," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-ikethr-eug ). Section 17. Section 3.40.110 of the Edmonds City Code, entitled "Letting contract — Restrictions — Estimated costs — Payment of warrants," is hereby deleted as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (deleted text is shown in Section 18. Section 3.40.120 of the Edmonds City Code, entitled "Fixed estimate costs - Procedure," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in 3 Packet Pg. 185 7.4.a Section 19. Section 3.40.140 of the Edmonds City Code, entitled "Reductions in area of assessments" is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 20. Section 3.50.020 of the Edmonds City Code, entitled "Insufficient funds and other returned checks," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st+ikethfaiigh). Section 21. Section 3.60.140 of the Edmonds City Code, entitled "Appeals," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strike gh). Section 22. Section 3.75.080 of the Edmonds City Code, entitled "Delinquent payments," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s*r-ikethr-o gh) Section 23. Section 3.75.100 of the Edmonds City Code, entitled "Disputes," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikethr-ough). Section 24. Section 3.75.110 of the Edmonds Community Development Code, entitled "Expenditures," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 25. Section 3.75.120 of the Edmonds Community Development Code, entitled "Members advisory board," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfilethfough). Section 26. Section 3.75.130 of the Edmonds City Code, entitled "Business improvement district fund oversight and programmatic support," is hereby amended to read as shown in Exhibit A, which is attached hereto El Packet Pg. 186 7.4.a and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikethf,.,,g ). Section 27. Section 3.8.010 of the Edmonds City Code, entitled "Marsh restoration and preservation fund," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfiketh f .,,g ). Section 28. Section 4.68.100 of the Edmonds City Code, entitled "Construction in right- of-way," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 29. Section 4.68.400 of the Edmonds City Code, entitled "CFAR application requisites," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 30. Section 4.98.030 of the Edmonds City Code, entitled "Grounds for denial of application - Limited," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in soil eugh). Section 31. Section 4.100.010 of the Edmonds Community Development Code, entitled "Purpose," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 32. Section 5.05.121 of the Edmonds Community Development Code, entitled "Potentially dangerous dogs," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfilethfough). Section 33. Section 5.05.127.1 of the Edmonds City Code, entitled "Spay or neuter of owner -surrendered and stray animals required," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfileth-r-ough). 5 Packet Pg. 187 7.4.a Section 34. Section 5.05.127.2 of the Edmonds City Code, entitled "Animal benefit appropriation," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fiketh f .,,g ). Section 35. Section 5.05.127.3 of the Edmonds City Code, entitled "Definitions and integration of initiative provisions," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethr-oug ). Section 36. Section 5.30.010 of the Edmonds City Code, entitled "Declaration of policy," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fi ,eth f,.,,g ). Section 37. Section 5.30.140 of the Edmonds City Code, entitled "Citizen complaints," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 38. Section 5.48.030 of the Edmonds Community Development Code, entitled "Authority to accept bail," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-r-ikethfough). Section 39. Chapter 6.10 of the Edmonds Community Development Code, entitled "Health officer - duties," is hereby deleted as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (deleted text is shown in stfikethr-eiigh). Section 40. Section 6.20.020 of the Edmonds City Code, entitled "Definitions," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 41. Section 6.20.042 of the Edmonds City Code, entitled "Health and safety nuisances," is hereby amended to read as shown in Exhibit A, which is attached hereto and 0 Packet Pg. 188 7.4.a incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikedff .tig ). Section 42. Section 6.20.050 of the Edmonds City Code, entitled "Enforcement and abatement," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fiketh f .,,g ). Section 43. Section 6.20.060 of the Edmonds City Code, entitled "Separate abatement proceedings for junk vehicles," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikeffifough) Section 44. Section 6.40.200 of the Edmonds Community Development Code, entitled "Enforcement officers and procedures," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfi eflffoug ). Section 45. Section 6.60.010 of the Edmonds Community Development Code, entitled "Purposes," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethfettgh). Section 46. Section 7.10.025 of the Edmonds City Code, entitled "Delinquency charge" is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 47. Section 7.10.060 of the Edmonds City Code, entitled "Limitation on water use," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in soil eugk). Section 48. Section 7.10.061 of the Edmonds City Code, entitled "Water restrictions — Powers of the city," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is 7 Packet Pg. 189 7.4.a shown in stfikedffeug ). Section 49. Section 7.10.062 of the Edmonds City Code, entitled "Water restrictions - Surcharge," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethf,.,,g ). Section 50. Section 7.10.063 of the Edmonds City Code, entitled "Enforcement," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 51. Section 7.10.065 of the Edmonds Community Development Code, entitled "Suspension of service — Failure to comply with sewer connection notice," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfi edffetig ). Section 52. Section 7.20.050 of the Edmonds Community Development Code, entitled "Adoption of state regulations," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strip). Section 53. Section 7.30.070 of the Edmonds City Code, entitled "Water, sewer and stormwater rate reductions for low income citizens," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stT-ikedffetigh). Section 54. Section 7.60.030 of the Edmonds City Code, entitled "Utility assistance fund," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfilethfough). Section 55. Section 7.80.030 of the Edmonds City Code, entitled "Services to be provided," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfilethfeiigh). Packet Pg. 190 7.4.a Section 56. Section 7.80.050 of the Edmonds City Code, entitled "Reporting of proposed rates," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in sttilethrough). Section 57. Section 7.200.010 of the Edmonds City Code, entitled "Purpose and intent," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 58. Section 8.08.060 of the Edmonds City Code, entitled "Ground for denial - Limited," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfileugk). Section 59. Section 8.48.610 of the Edmonds City Code, entitled "Contract for towing and storage," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethf,.,,g ). Section 60. Section 8.48.611 of the Edmonds City Code, entitled "Contract for towing and storage — Financial responsibility," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-ikethr-eug ). Section 61. Section 9.20.030 of the Edmonds City Code, entitled "Notice of work to be done — Assessment procedures," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stri et .,,, gh) Section 62. Section 9.20.090 of the Edmonds City Code, entitled "Enforcement responsibility," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st--iket ,.,.,,g ). Section 63. Chapter 10.15 of the Edmonds City Code, entitled "Building board of 0 Packet Pg. 191 7.4.a appeals," is hereby deleted as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (deleted text is shown in stfi edffeug ). Section 64. Section 10.16.060 of the Edmonds City Code, entitled "Funds for improvement and maintenance of the cemetery," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-i' edffeug ). Section 65. Section 10.20.040 of the Edmonds City Code, entitled "Powers and duties," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 66. Section 10.60.010 of the Edmonds City Code, entitled "Created," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethr-oug ). Section 67. Section 10.60.020 of the Edmonds City Code, entitled "Meeting," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stFi ethr-eug ). Section 68. Section 10.60.030 of the Edmonds City Code, entitled "Formal commission structure," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strip). Section 69. Section 10.90.020 of the Edmonds City Code, entitled "Composition of the commission," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strip). Section 70. Section 10.95.010 of the Edmonds City Code, entitled "Board created - Membership," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strip). Section 71. Section 10.95.030 of the Edmonds City Code, entitled "Powers and duties," 10 Packet Pg. 192 7.4.a is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 72. Chapter 15.00 of the Edmonds Community Development Code, entitled "Preface and fees," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strilethfough). Section 73. Section 16.43.020 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in �ethr .,,g ). Section 74. Section 16.45.010 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in tkethr,.,,g ). Section 75. Section 16.50.010 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strip). Section 76. Section 16.55.010 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fi ethr-,.,,g ). Section 77. Section 16.60.010 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-,-iket .,.,.,,g ). Section 78. Section 16.62.010 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and 11 Packet Pg. 193 7.4.a incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikedff .tig ). Section 79. Section 16.100.030 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fiketh f .,,g ). Section 80. Section 16.110.010 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fi ,eth f,.,,g ). Section 81. Section 17.05.020 of the Edmonds Community Development Code, entitled "Reasonable accommodations," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fiket rough) Section 82. Section 17.05.040 of the Edmonds Community Development Code, entitled "Accommodations personal to the applicant," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s#ikedffetigh). Section 83. Section 17.05.050 of the Edmonds Community Development Code, entitled "Appeal," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethfough). Section 84. Section 17.10.000 of the Edmonds Community Development Code, entitled "Bond required," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st}ikethfough). Section 85. Chapter 17.30 of the Edmonds Community Development Code, entitled "Fences," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown 12 Packet Pg. 194 7.4.a in stfiketh f .,,g ). Section 86. Chapter 17.35 of the Edmonds Community Development Code, entitled "Animals," is hereby deleted as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (deleted text is shown in striker foci h) Section 87. Section 17.50.020 of the Edmonds Community Development Code, entitled "Parking space requirements," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikethFOUgh). Section 88. Section 17.50.030 of the Edmonds Community Development Code, entitled "Calculations," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in tkethr,,,,g ). Section 89. Section 17.50.070 of the Edmonds Community Development Code, entitled "Downtown business area parking requirements," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethr-oug ). Section 90. Section 17.50.090 of the Edmonds Community Development Code, entitled "Temporary parking lots," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strip). Section 91. Section 17.70.000 of the Edmonds Community Development Code, entitled "Security units," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s*r-iket' fough). Section 92. Section 17.115.020 of the Edmonds Community Development Code, entitled "Definitions," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikethfough) Section 93. Section 18.00.010 of the Edmonds Community Development Code, entitled 13 Packet Pg. 195 7.4.a "Application," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st+ike ). Section 94. Section 18.05.000 of the Edmonds Community Development Code, entitled "Scope," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strip). Section 95. Section 18.05.040 of the Edmonds Community Development Code, entitled "Variances," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in �ethr .,,g ). Section 96. Section 18.10.010 of the Edmonds Community Development Code, entitled "Sewer connections," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in �ket roug ). Section 97. Section 18.20.040 of the Edmonds Community Development Code, entitled "Permits," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethfough). Section 98. Section 18.30.010 of the Edmonds Community Development Code, entitled "Definitions," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fi ethr-,.,,g ). Section 99. Section 18.30.020 of the Edmonds Community Development Code, entitled "Authority and regulation," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethr-oug ). Section 100. Section 18.30.050 of the Edmonds Community Development Code, entitled "Administration," is hereby amended to read as shown in Exhibit A, which is attached 14 Packet Pg. 196 7.4.a hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-ikedffoug ). Section 101. Section 18.30.090 of the Edmonds Community Development Code, entitled "Post construction inspection and maintenance roles and responsibilities," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-ikethr-oug ). Section 102. Section 18.60.040 of the Edmonds Community Development Code, entitled "Fees," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-i ,ethf:otig,). Section 103. Section 18.70.030 of the Edmonds Community Development Code, entitled "Review," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikethfottgh) Section 104. Section 18.80.060 of the Edmonds Community Development Code, entitled "Driveway and curb cut requirements," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s#ikedffetigh). Section 105. Section 19.00.025 of the Edmonds Community Development Code, entitled "International Building Code section amendments," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in sal etrgh). Section 106. Section 19.07.110 of the Edmonds Community Development Code, entitled "Variance," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st}ikethfough). Section 107. Section 20.05.020 of the Edmonds Community Development Code, entitled "General requirements," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; 15 Packet Pg. 197 7.4.a deleted text is shown in stfikethr-oug ). Section 108. Section 20.12.020 of the Edmonds Community Development Code, entitled "Design review by the architectural design board," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethr-oug ). Section 109. Section 20.15A.220 of the Edmonds Community Development Code, entitled "SEPA decisions — Substantive authority," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fi ethi:e, igh) Section 110. Section 20.15A.290 of the Edmonds Community Development Code, entitled "Fees," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfi ,eth f,.,,g ). Section 111. Section 20.16.080 of the Edmonds Community Development Code, entitled "Decision criteria — EPFs proposed by a regional agency with jurisdiction," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikethr-ough). Section 112. Section 20.18.010 of the Edmonds Community Development Code, entitled "Purpose," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strip). Section 113. Section 20.30.020 of the Edmonds Community Development Code, entitled "Review," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strip). Section 114. Section 20.30.050 of the Edmonds Community Development Code, entitled "Loss of join use," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strip). 16 Packet Pg. 198 7.4.a Section 115. Section 20.50.010 of the Edmonds Community Development Code, entitled "Purpose," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-ileth-rough). Section 116. Section 20.60.020 of the Edmonds Community Development Code, entitled "General regulations for permanent signs," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str4' ethf^ugh) Section 117. Section 20.60.100 of the Edmonds Community Development Code, entitled "Administration," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-iketht!otigh) Section 118. Section 20.75.040 of the Edmonds Community Development Code, entitled "Application," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strip). Section 119. Section 20.75.050 of the Edmonds Community Development Code, entitled "Lot line adjustment — Application," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikethfoug ). Section 120. Section 20.75.065 of the Edmonds Community Development Code, entitled "Preliminary review," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethr-oug ). Section 121. Section 20.75.085 of the Edmonds Community Development Code, entitled "Review criteria," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (deleted text is shown in stfi ethr-oug ). Section 122. Section 20.75.090 of the Edmonds Community Development Code, entitled "Park land dedication," is hereby amended to read as shown in Exhibit A, which is 17 Packet Pg. 199 7.4.a attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-ikethr-oug ). Section 123. Section 20.75.110 of the Edmonds Community Development Code, entitled "Changes," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-ikethfoug ). Section 124. Section 20.75.130 of the Edmonds Community Development Code, entitled "Installation of improvements," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfi egffettg ). Section 125. Section 20.75.140 of the Edmonds Community Development Code, entitled "Final plat — Required certificates," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stT-ike4,,.,,, gh) Section 126. Section 20.75.145 of the Edmonds Community Development Code, entitled "Final plat — Accompanying material," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s#ikedffetigh). Section 127. Section 20.85.020 of the Edmonds Community Development Code, entitled "General requirements," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikeffifetigh). Section 128. Section 20.110.040 of the Edmonds Community Development Code, entitled "Enforcement procedures," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strip). Section 129. Section 21.80.020 of the Edmonds Community Development Code, entitled "Permit coordinator," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; 18 Packet Pg. 200 7.4.a deleted text is shown in stfikethr-oug ). Section 130. Section 22.110.000 of the Edmonds Community Development Code, entitled "Purpose and intent," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethr-oug ). Section 131. Section 22.110.030 of the Edmonds Community Development Code, entitled "Green building construction and housing," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fi ethi:e, igh) Section 132. Section 22.110.070 of the Edmonds Community Development Code, entitled "Amenity space, open space, and green factor standards," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfi edffetig ). Section 133. Section 22.110.080 of the Edmonds Community Development Code, entitled "Public space standards," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strip). Section 134. Section 23.40.005 of the Edmonds Community Development Code, entitled "Definitions pertaining to critical areas," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikedffetigh). Section 135. Section 23.40.020 of the Edmonds Community Development Code, entitled "Relationship to other regulations," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikedffetigh). Section 136. Section 23.40.090 of the Edmonds Community Development Code, entitled "Critical areas report - Requirements," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikedffeiigh). 19 Packet Pg. 201 7.4.a Section 137. Section 23.40.220 of the Edmonds Community Development Code, entitled "Allowed activities," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st+ikethmugh). Section 138. Section 23.40.240 of the Edmonds Community Development Code, entitled "Unauthorized critical area alterations and enforcement," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfike4ffeiigh). Section 139. Section 23.50.040 of the Edmonds Community Development Code, entitled "Development standards - Wetlands," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s#ike4ffeugh). Section 140. Section 23.80.010 of the Edmonds Community Development Code, entitled "Designation, rating and mapping — Geologically hazardous areas," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-ike4ffeug ). Section 141. Section 23.80.040 of the Edmonds Community Development Code, entitled "Allowed activities — Geologically hazardous areas," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-ike4ffeug ). Section 142. Section 23.80.070 of the Edmonds Community Development Code, entitled "Development standards — Specific hazards," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethr-oug ). Section 143. Section 23.90.040 of the Edmonds Community Development Code, entitled "Development standards — Specific habitats," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethr-oug ). Section 144. Section 24.30.010 of the Edmonds Community Development Code, 20 Packet Pg. 202 7.4.a entitled "Adoption criteria," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st+ikethfetigh). Section 145. Section 24.80.150 of the Edmonds Community Development Code, entitled "Administrative authority and responsibility," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in St+i ,ethFOt1g,,). Section 146. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 147. Effective Date. This ordinance, being an administrative function of the city council, 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. 21 Packet Pg. 203 7.4.a APPROVED: ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY_ JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. MAYOR MIKE NELSON 22 Packet Pg. 204 7.4.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2023, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING VARIOUS MINOR UPDATES TO THE EDMONDS CITY CODE AND THE EDMONDS COMMUNITY DEVELOPMENT CODE, NONE OF WHICH CONSTITUTE SUBSTANTIVE POLICY CHANGES The full text of this Ordinance will be mailed upon request. DATED this day of 92023. 4840-7251-8158, v. 1 23 CITY CLERK, SCOTT PASSEY Packet Pg. 205 7.4.a AMD2023-0005 Minor Code Amendment Package 2 Section 2.12.010 Fire service. Fire service is provided to the even 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 or Edmonds Community Development Code to "fire chief," "fire marshal," "fire department" or any other reference to a fire fighter or fire services, such term shall include, for the provision of administrative or other day to day fire services, to reference the fire chief, fire marshal and fire fighting 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 eitizen residents 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 service system shall remain in effect but no employee of South County Fire shall have recourse to the civil service commission following the termination date of fire department employees by the city. [Ord. 4299 § 2 (Exh. A), 2023; Ord. 3762 § 2, 2009]. Section 2.25.050 Travel authorization and expense reimbursement policies. A. Policy. It is the city's policy to provide payment for the reasonable accommodation of travel required to conduct city business by city officials and employees. B. Applicability. This section and the policies contained herein shall be applicable to all elected officials, members of boards and commissions and city employees unless otherwise specifically exempted. C. Authorization for Travel. All requests for travel or training shall be submitted and approved on an authorization to travel and attend training form prior to the person's departure date. 1. All anticipated costs should be listed on the form, whether the costs are known or reasonably estimated. 2. The mayor is authorized to approve all employee's requests which are included within the city's annual budget. D. Travel and Training Request — City Council Approval. City council president approval must be obtained of all travel and training requests for members of the city council and members of city boards and commissions. E. Accommodations. Accommodations, such as transportation, lodging and conference registration shall normally be arranged in advance by designated staff member and billed directly to the city. Accommodations shall be made at the lowest reasonable rate available, such as coach fare for air transportation, use of special discounts and single occupancy government rates for lodging. Air travel should be used when other reasonable methods of transport are not otherwise available and time schedules require the additional expense. F. Advance Payment of Expenses. Pursuant to ECC 2.25.070, advance payment of authorized expenses in excess of $100.00, as listed on the authorization to attend/travel form, will be provided upon request. Request for an advance payment must be made at least one week prior to the departure date. G. Reimbursement of Travel Expenses. 1. Travel expenses by city officials and employees shall be paid by the city in accordance with the rate schedule listed below. Expense vouchers must be submitted for payment within 10 days following the individual's return. Expense receipts and/or credit card receipts must be submitted for city payment. If a receipt has been lost or stolen, the employee should submit a written statement to the r...a*ee dir-eeta f administrative services director explaining the circumstances of the missing receipt. Reimbursements based on this process may be Packet Pg. 206 7.4.a issued. Reimbursement for any expenses which exceed the limits set forth in this policy shall require approval of the city council. Transportation: Air travel — Coach rate Private car — Current IRS rate Rental car — Requires prior approval Lodging: Regular lodging — Government/commercial rate Conferences — Conference facility rate Meals: Per diem rate in conformance with the State of Washington Office of Financial Management guidelines in effect at the time of travel Communications: Telephone — One personal call per day kept to a reasonable amount 2. The transportation allowance shall be based upon the direct route round trip costs. Other allowable costs shall include ferry tolls and off-street parking. Taxis may be used if they are the most reasonable means of transportation available. H. Nonallowable Expenses. Expenses not approved for reimbursement include, but are not limited to, alcoholic beverages, expenses for family or guests, entertainment, travel costs paid by another organization, mileage (if traveling as a passenger in a nonowned car), limousine services and personal travel insurance. Only the normal, reasonable and actual expenses will be reimbursed. Public officials and employees utilize public funds for their expenses and are admonished and requested to limit expenditures to those reasonably necessary to provide safe, clean and convenient lodging and healthy meals in settings appropriate to the public mission with which they have been entrusted. I. Use of Private Cars. Private cars should be used by city officials and employees whenever a city vehicle is not available and/or the time the official or employee will be absent exceeds two or more days. Drivers must have a valid operator's license, and the car must be insured to the state's minimum liability standards. The mayor, members of the city council, boards and commissions shall not be reimbursed for mileage expenses incurred within the city limits of Edmonds. City employees will be reimbursed for mileage when using a private vehicle within the city limits when such use is in furtherance of city business. The city's mileage reimbursement rate is intended to cover the cost of fuel, maintenance and insurance costs. Persons using a private vehicle and seeking reimbursement for mileage must maintain a valid driver's license and individual auto insurance, including public liability, bodily injury and property damage, which insurance shall be deemed to be primary as to any other insurance available to the city. If a private vehicle is used in lieu of air transportation, the total amount of reimbursement shall not exceed the cost of air fare as established in subsection (G) of this section. [Ord. 3917 § 1, 2013; Ord. 3512 § 1, 2004; Ord. 3214 § 1, 1998; Ord. 2953 § 1, 1993; Ord. 2893 § 1, 1992; Ord. 2873 § 1, 1992]. Section 2.50.010 Firemen's pension board created. A. There is hereby created the Edmonds firemen's pension board to consist of the following five members: 1. The mayor, who shall be chairman of the board; Packet Pg. 207 7.4.a 2. The city clerk; 3. The f;.,anoe dir-eetaF administrative services director; and 4. Two regularly employed firemen elected by secret ballot of the firemen. B. The first members to be elected by the firemen shall serve for a term of one and two years, respectively, and their successors shall be elected annually for a two-year term. The two firemen so elected shall, in turn, select a third fireman who shall serve as an alternate in the event of absence of one of the regularly selected firemen. [Ord. 1133 § 1, 1965]. Section 3.13.010 Purpose. The city of Edmonds accepts the responsibility for expanding public experience throughout the broad spectrum of the arts by providing local and cultural artistic services and programs to its eitizen residents. Artists capable of creating for the public in the fields of visual, written and performing arts should be encouraged, and such is hereby declared to be the policy of the city of Edmonds. In harmony with this policy it should be the policy of the city to require that visual art be included in any city public works project, where applicable, and that a portion of the cost of such project, where applicable, be allocated for the acquisition of visual art. It shall also be the policy of the city to provide an annual allocation from the city's general revenues to the municipal arts fund as created by Ordinance 1765 of the city for the purposes enumerated in said ordinance. [Ord. 2667 § 1, 1988; Ord. 1802 § 1, 1975]. Section 3.16.010 Parks trust fund. The administrative services director is hereby authorized to create and number a new fund to be known as the parks trust fund for the purpose of receiving donations from the city's eitizen residents for, or in aid of, the cost of operating, maintaining and improving the city's parks and other related beautification, aquatic, and environmental protection programs such as the city's flower program, the Beach Ranger program and the Yost Pool. This fund is created and shall be maintained to the end that such donations shall be fully tax deductible and in accordance with the laws of the United States and the regulations of the Internal Revenue Service. [Ord. 3466 § 1, 2003]. Section 3.17.010 Historic preservation gift fund. The finance director administrative services director is hereby authorized to create and number a new fund to be known as the "historic preservation gift fund" for the purpose of receiving donations from the city's citizen residents or from any interested party for, or in aid of, the cost of promoting or supporting the city's historic preservation programs and the activities of its historic preservation commission. This fund is created and shall be maintained with the intent that such donations shall be potentially tax deductible and in accordance with the laws of the United States and the regulations of the Internal Revenue Service. [Ord. 3896 § 1, 2012]. 3.20.050 Occupations subject to tax — Amounts. Sellers of electricity, gas, water, sewer, cable television and telephone services shall be subject to the taxes imposed by this chapter. There are levied upon, and shall be collected from, every person, firm, corporation or other entity on account of the business activities, license and occupation taxes in the amounts to be determined by the application of the rates against gross income as follows: A. Public Utility Districts. Upon every person, firm, corporation or other entity engaged in or carrying on the business of selling or furnishing electrical energy and power a tax equal to six percent is levied upon the total gross income from the sale of electricity within the corporate limits of the city during and for the term for which the Packet Pg. 208 7.4.a occupation license is required; provided, however, that there shall be no tax or fee upon revenues derived from the sale of electricity for the purposes of resale. B. Natural or Manufactured Gas and Service. Upon every person, firm, corporation or other entity engaged in or carrying on the business of transmitting, distributing, selling and furnishing natural and/or manufactured gas, a tax equal to six percent of the total gross income from the sale of gas within the corporate limits of the city during and for the term for which the occupation license is required. C. Brokered Natural Gas — Use Tax in Lieu of Occupations Tax. There is imposed under the authority of RCW 35.21.870 a use tax on the consumers of brokered natural gas. Such tax shall be in lieu of the tax imposed by subsection (B) of this section when consumers receive natural gas directly from a producer of manufactured natural gas outside of the state of Washington. Such tax shall be the same as that imposed on a natural manufactured gas utility by subsection (B) of this section, equal to six percent of the customer's monthly purchases or other use charge by the broker of out-of-state natural gas. D. Telephone Business. A tax equal to six percent of the gross subscribers' exchange monthly service charges billed to business and residence customers located within the corporate limits of the city, together with six percent of gross income derived from intrastate toll service provided to business and residential customers located within the corporate limits of the city. E. Cable Television. Pursuant to Chapter 4.68 ECC, community antenna television systems, commonly known as cable television franchisees, are hereby levied a franchise fee of five percent, as authorized by 47 U.S.C. Section 542(a) and RCW 35.21.860, on all gross revenues derived from any source of revenue by cable television franchisees from their cable television operations in the city of Edmonds. In addition thereto, a business license tax, as authorized in part by 47 U.S.C. Section 542(g)(2)(A), is hereby levied equal to six percent on all gross revenues derived from any source of revenue by cable television franchisees from their cable television operations in the city of Edmonds. F. City Sewer Utility. The city of Edmonds, as a seller of sewer services, shall be subject to the tax imposed by this chapter. The sewer utility shall pay a license fee or tax equal to 10 percent of the gross income from the city's sewer utility. G. Solid Waste Haulers. Any solid waste hauler shall be subject to the tax imposed by this chapter. The solid waste hauler shall pay a tax equal to six percent of the total gross income from the charges derived from solid waste disposal services within the corporate limits of the city during and for the term for which the occupation license is required. H. City Water Utility. The city of Edmonds, as the seller of water services, shall be subject to the tax imposed by this chapter. The water utility shall pay a license tax or fee equal to the percentage shown in the table below for the given year on the gross income from the city's water utility: Packet Pg. 209 7.4.a Water Utility Tax Rate Year Tax Rate (Current) 2016 18.70% 2017 17.07% 2018 15.50% 2019 14.05% 2020 12.68% 2021 10% I. City comer Stormwater Utility. The city of Edmonds, as the seller of e stormwater services, shall be subject to the tax imposed by this chapter. The stormwater utility shall pay a license tax or fee equal to 10 percent on the gross income from the city's stormwater utility. [Ord. 4051 § 1, 2016; Ord. 3953 § 1, 2013; Ord. 3745 § 1, 2009; Ord. 3709 § 1, 2008; Ord. 3688 § 1, 2008; Ord. 3618 § 1, 2006; Ord. 3531 § 1, 2005; Ord. 3432 § 2, 2002; Ord. 3281 § 1, 1999; Ord. 2899 § 1, 1992; Ord. 2837 § 3, 1991; Ord. 2775-A § 1, 1990; Ord. 2413, 1983; Ord. 2339 § 1, 1982]. Section 3.22.030 Repayment directed. The administrative services director is directed and authorized to repay such loans, in whole or in part, when budgeted general fund revenues are received sufficient to cover the projected foreseeable needs of the city for the ensuing month of the budget year. In the event of doubt regarding the foreseeable needs of the city, the €xiaaee dir-eete administrative services director is encouraged to consult with the mayor and council president and to bring questions regarding borrowing or repayment to the city council for its advice. [Ord. 3431 § 1, 2002]. Section 3.26.010 Declaration of intent and purpose. The city of Edmonds finds that mass public transportation is essential and necessary for the proper protection of the health, welfare and safety of the eiti.-en residents of Edmonds. In order to provide the necessary services, the city has contracted with the municipality of metropolitan Seattle to provide the necessary services for the eitizen residents of Edmonds. The city council of the city of Edmonds specifically finds that the levying and collection of excise taxes authorized by RCW 35.58.273 is essential to provide adequate mass transportation services. [Ord. 1832 § 2, 1976]. Section 3.30.060 Authorization to contract with state. The finanee director administrative services director is authorized to execute a contract with the Department of Revenue of the state of Washington for the administration and collection of the tax imposed by this chapter; provided, however, that the city attorney shall first approve the form and content of said contract. [Ord. 1833 § 7, 1976]. Packet Pg. 210 7.4.a Section 3.34.060 Special fund created — Purposes enumerated. There is hereby created a special fund to be known as the "tourism promotion fund." All taxes levied hereunder shall be placed in said fund for the purpose of paying all or any part of the cost of tourism, promotion, acquisition of tourism -related facilities, or the operation of tourism -related facilities in accordance with the definitions of the terms tourism, tourism promotion, and tourism -related facility as such terms are defined in RCW 67.28.080. The monies accumulated in said fund may be invested in interest -bearing securities by the city fina ee dir-eeta f administrative services director in any manner authorized by law. The city council may agree to the utilization of revenue from taxes imposed under this chapter for the purposes of funding a multi jurisdictional tourism -related facility. [Ord. 3166 § 1, 1997; Ord. 2539, 1985; Ord. 2010 § 1, 1978]. Section 3.36.080 Establishment of impact fee accounts. A. Impact fee receipts shall be earmarked specifically and deposited in special interest -bearing accounts. B. There is hereby established a separate impact fee account for the park impact fees collected pursuant to this chapter, the park impact account. There is also hereby established a separate impact fee account for the street impact fees collected pursuant to this chapter, the street impact account. Funds withdrawn from these accounts must be used in accordance with the provisions of ECC 3.36.100 and applicable state law. Interest earned on the fees shall be retained in the respective accounts and expended for the purposes for which the impact fees were collected. C. On an annual basis, the Tina e dir-eeter administrative services director shall provide a report to the council on the impact fee accounts showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. D. Impact fees shall be expended or encumbered within 10 years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the city to hold the fees beyond the 10-year period. Under such circumstances, and prior to the expiration of the 10-year period, the council shall establish the period of time within which the impact fees shall be expended or encumbered. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. Section 3.40.030 Form of bonds. All bonds issued in the pursuance of the provisions of this chapter and the Laws of the State of Washington shall be in substantially the following form: STATE OF WASHINGTON NO. CITY OF EDMONDS Local Improvement Bond L.I.D. No. N.B. — This bond is issued by virtue of the provisions of RCW 35.54.010 to 35.54.090; RCW 35.43.040, 35.43.130, et seq.; RCW 35.45.030; and RCW 35.45.070 which reads as follows: "Neither the holder nor owner of any bond, interest coupon, or warrant issued against a local improvement fund shall have any claim therefor against the city or town by which it is issued, except for payment from the special assessments made for the improvement for which the bond or warrant was issued and except also for payment from the local Packet Pg. 211 7.4.a improvement guarantee fund of the city or town as to bonds issued after the creation of a local improvement guarantee fund of that city or town. The city or town shall not be liable to the holder or owner of any bond, interest coupon or warrant for any loss to the local improvement guarantee fund occurring in the lawful operation thereof. The bondholder's remedy in case of nonpayment shall be confined to the enforcement of the special assessments made for the improvement and to the guarantee fund. THE CITY OF EDMONDS, a municipal corporation of the state of Washington, hereby promises to pay to or bearer, Dollars lawful money of the United States, with interest thereon, at the rate of () percent, per annum, payable annually, out of the fund established by Ordinance No. of said city, known as Local Improvement Fund District No. of the city of Edmonds, and not otherwise, both principal and interest payable at the office of the finance di feeter- administrative services director of said city. A coupon is hereto attached for each installment of interest to accrue hereon, and said interest shall be paid only on presentation and surrender of such coupons to the €mane deter administrative services director, but in case this bond is called for payment before maturity, each and every coupon representing interest not accrued at the time this bond is payable under such call shall be void. This bond is payable on or before the day of , 19_, and is subject to call by the fina ee dir-eeter- administrative services director of said city, whenever there shall be sufficient money in said Local Improvement Fund to pay the same and all unpaid bonds of the series of which this bond is one which are prior to this bond in numerical order over and above sufficient for the payment of interest on all unpaid bonds of said series. The city council of said city, as the agent of said Local Improvement District No. , established by Ordinance No. , has caused this bond to be issued in the name of said city as the bond of said District, the bond or the proceeds thereof to be applied in part payment of so much of the cost and expense of the improvement of and such other work as may be necessary to make a complete improvement under said Ordinance No. as is levied and assessed against the property included in said Local Improvement District No. , and benefited by said improvement, and the said Local Improvement Fund District No. of the city of Edmonds, has been established by ordinance for the said purpose; and the holder or holders of this bond shall look only to said fund or to the Local Improvement Guarantee Fund for the payment of both the principal and interest upon this bond. The call for payment of this bond or any bond of the series of which this is one, shall be made by the fina- ee dire ter- administrative services director by publishing the same in the city official newspaper of said city, and when such call is made for the payment of this bond, it will be paid on the day the next interest coupon thereon shall become due, after said call, and upon said day, interest upon this bond shall cease. This bond is one of a series of bonds aggregating in all the principal sum of $ , issued for said Local Improvement District No. , all of which bonds are subject to the same terms and conditions as herein expressed. IN WITNESS WHEREOF, the city of Edmonds has caused these presents to be signed by its mayor and attested by its clerk, and sealed with its corporate seal this day of ,19 The City of Edmonds, II, Mayor Packet Pg. 212 7.4.a Attest: City Clerk No. There shall be attached to each bond such number of coupons, not exceeding 12, as shall be required to represent the interest thereon, payable annually for the term of said bonds, which coupons shall be in substantially the following form: On the day of , 19_ CITY OF EDMONDS, STATE OF WASHINGTON Promises to pay to the bearer at the office of its r.... nee dir-eete-r- administrative services director Dollars being one year's interest due that day on Bond No. of the Bonds of Local Improvement District No. of the city of Edmonds, and not otherwise provided that this coupon is subject to all the terms and conditions contained in the bond to which it is annexed, and if said bond be called for payment before maturity hereof this coupon shall be void. The City of Edmonds, By Mayor Attest: City Clerk [Ord. 651 § 3, 1954]. Section 3.40.050 Delinquent assessments — Acceleration of installments due. When any assessment has become delinquent it shall be the duty of the ranee dir-eete f administrative services director to make and file with the city clerk a statement of all such delinquencies. If on the first day of January in any year, two installments of any local improvement assessment are delinquent, then all installments shall at that time become due and payable and the collection thereof enforced by foreclosure. [Ord. 1350 § 1, 1968; Ord. 651 § 5, 1954]. Section 3.40.070 Improvement orders — Special funds. Every ordinance ordering any improvement shall fix the boundaries of the district which will be assessed to pay the cost and expense thereof, and shall also create a special fund to be known as "Local Improvement Fund District No. " into which shall be placed all sums paid on account of such assessment, including interest and penalty thereon, and in the event of sale of such bonds by the city, all premiums and accrued interest on the bonds issued for such improvement. It shall be the duty of the Tina -nee dire to f administrative services director to call and pay in numerical Packet Pg. 213 7.4.a order such outstanding bonds against any particular improvement fund as he may be able to pay with money on hand credited to such fund. [Ord. 651 § 7, 1954]. Section 3.40.100 Awarding contract — Rejection of bids — Failure of successful bidder to perform. A. At the time and place named in such notice to bidders, such bids shall be publicly opened and read; no bid shall be rejected for informality, but it shall be received as a bid if it can be understood what is meant thereby. The council shall proceed to determine the lowest bidder and may let such contract to such bidder. The city council shall have power by resolution to reject any and all bids and to make further calls for bids in the same manner as the original call, or if in its judgment the improvement or work can be done by the city at less cost than the lowest bid submitted, it may do so without making a further call for bids or awarding any contract therefor, and in such cases all checks shall be returned to the bidders by the city clerk; but if the contract be let, then, in such case, all checks shall be returned to the bidders, except that of the successful bidder, which shall be retained until the contract be entered into for making such improvement between the bidder and the city in accordance with such bid, and the duly approved and accepted bond therefor be filed in the office of the city clerk. B. If said bidder fails to enter into such contract in accordance with his bid within 10 days from the date at which he is notified that he is the successful bidder, the city clerk shall write or print across the face of the certified check: "Forfeited to the city of Edmonds, city clerk," and shall deliver said check to the finan .e a".eet administrative services director to be deposited to the credit of the local improvement fund for which the same was given, and the council shall readvertise for the bids for such work. Neither the city council nor any officer of the city shall have the power to remit such forfeiture. [Ord. 651 § 10, 1954]. Section 3.40.110 Letting contract — Restrictions — Estimated costs — Payment of warrants. A. In letting all contracts for public improvements under this chapter, the council shall comply with Chapters 39.04 and 39.08 RCW and the same are hereby incorporated in and made a part of this section by reference. The council shall further limit the time within which said work shall be completed, and during the time allowed in the contract for the completion of the work, the city engineer shall, on the last day of each month, issue an estimate of the amount of work done by the contractor during the month; but shall, after the date for completion of the contract, furnish no estimate other than the final estimate issued after the completion of the work. Said final estimate issued by the city engineer shall include, in addition to a statement of the amount of money expended for fixed estimate costs prior to the date set for the completion of the contract. All fixed estimate costs incurred by the city after the time fixed in the contract for its completion shall be borne by the contractor as a penalty for failure to complete the work within the specified time. B. All estimates of the city engineer shall be filed in the office of the city clerk and by him reported to the council at the next regular meeting, or at a special meeting called for that purpose, and not more than 95 percent of such estimate shall be allowed and all warrants ordered in payment thereof shall be drawn only upon the particular local improvement fund under which the work is done, and which warrants shall bear interest at a rate not to exceed eight percent per annum from date until redeemed either in money or bonds by the finance director administrative services director, and shall cease to draw such interest from and after the date fixed by the finance director administrative services director in a call for the redemption thereof. C. The five percent required to be held as a reserve to protect laborers and material men for a period of 30 days after final acceptance of the completion of the work, shall, at the expiration of such period, be paid to the contractor in warrants on such special fund so far as the same may be free from claims of liens, and which warrants shall draw interest as above set forth. [Ord. 2565 § 2, 1986; Ord. 1069 § 2, 1964; Ord. 651 § 11, 1954]. Packet Pg. 214 7.4.a Section 3.40.120 Fixed estimate costs — Procedure. The cost and expense incurred by the city in engineering and surveying necessary for such improvement, and all cost of preparing all necessary data, including the cost of ascertaining the ownership of the property included in the assessment district, advertising and publishing all notices required to be published, shall be called the "fixed estimate" and all bidders shall include the amount thereof in all such bids. If the cost and expense of the improvement to be provided by the mode of payment by bonds the contractor or the contract purchaser of the bonds shall be required to pay the amount of the fixed estimate in cash or certified check to the r,na fl e a:_oete_ administrative services director to be by him placed to the credit of the local improvement fund with which to redeem all warrants issued for such fixed estimate, and an amount equal therewith in interest bearing warrants shall be issued to the contractor or the contract purchaser of the bonds. The Fnanee diFeetof administrative services director shall place so much of said fixed estimate paid in by the contractor or the bond purchaser into the local improvement district fund as will represent the total sum of the warrants and interest to be drawn on that fund for fixed estimate costs. The city council shall have the right to vary the amount of the fixed estimate as the circumstance may require. [Ord. 651 § 12, 1954]. Section 3.40.140 Reductions in area of assessments. The office of the Tina- e dir-eeter-- administrative services director may accept a reduction in the area of property subject to an assessment for a local improvement district and apply the balance of the assessment, including interest and penalties, if any, to the remainder of the property subject to the assessment; provided, that the written consent of the property owner is filed with the r.... nee dir-eeter administrative services director, and provided further that the reduction in area will not result in a substantial diminution of the value of the affected property remaining and subject to assessment. [Ord. 1382 § 1, 1968]. Section 3.50.020 Charges — Insufficient funds and other returned checks. A charge of $30.00 shall be assessed against any person who has made payment to the city by check for any fee or charge when such check is returned by the bank against whom it has been drawn due to insufficient funds on account, closure of the account, or any other reason resulting in the nonpayment of the check. The $30.00 fee shall be paid prior to the application to any payment against the fee or charge initially assessed. Nothing herein shall be interpreted to limit or prohibit the city from collecting reasonable attorneys' fees or other collection costs in the event that it is forced to collect the account through a judicial remedy, nor to prohibit the administrative services director from waiving such a charge for persons qualifying as low income citizen residents under the provisions of ECC 7.30.070. [Ord. 3375 § 1, 2001; Ord. 3156 § 1, 1997; Ord. 2740 § 1, 1990]. Section 3.60.140 Appeals. An appeal from any order or decision of the city council regarding any rate increase shall be solely to the FCC pursuant to 47 CFR § 76.944 as the same exists or is hereafter amended. Such appeal shall be filed within 30 days. Appeals from other decisions of the city council regarding the franchise shall be filed in the Snohomish County Superior Court within 10 business days of the date notice of decision is issued. Nothing herein shall be interpreted to limit the right of any citizen resident or the city to file a complaint with the FCC regarding any company activity in accordance with 47 CFR § 76.953 et seq. [Ord. 2968, 1994]. Section 3.75.080 Delinquent payments. If the assessment is not paid within 60 days after its due date, a delinquency charge shall be added and calculated at an interest rate of 12 percent per annum of the due amount. The finanee director administrative services director is authorized to use a city of Edmonds approved collection agency to collect any unpaid assessments. Use of a collection agency will result in a business paying the agency's fee on top of the amount of the BID assessment plus delinquency charges. [Ord. 3929 § 1 (Att. A), 2013; Ord. 3909 § 1, 2013]. Packet Pg. 215 7.4.a Section 3.75.100 Disputes. Any member seeking to challenge the amount of an assessment or delinquency charge may submit additional information concerning the assessment classification and/or square footage of the business to the Fnanee diFeeter- administrative services director or designee, who may adjust the assessment based on Table 1 if he determines that the original classification and/or square footage was erroneous. The fina ee dir-eeter- administrative services director shall provide a written determination to the member, which may be appealed to the city's hearing examiner within 10 days of the finanee dir-eeter- administrative services director's determination by paying an appeal fee in the amount of $250.00 and filing a notice of appeal with the city clerk that sets forth the alleged error in the finance dir-eete administrative services director's determination. The member has the burden of proof before the hearing examiner to show that the assessment or delinquency charge is incorrect. [Ord. 4081 § 1, 2017; Ord. 3929 § 1 (Art. A), 2013; Ord. 3909 § 1, 2013]. Section 3.75.110 Expenditures. Expenditures from the account shall be made upon vouchers drawn by the fina- ee dir-eeter- administrative services director and shall be used exclusively for the purposes defined in ECC 3.75.030. [Ord. 3909 § 1, 2013]. Section 3.75.120 Members advisory board. The EDBID shall be governed by a member advisory board comprised of an odd number of at least seven but no more than 11 members from the EDBID membership. The board shall be composed of both open-door and by -appointment office -based EDBID members, respectively, in rough proportion to the dollar value of assessments to be levied on each classification of businesses. In addition, the F anee airee+er administrative services director and the community services/economic development director shall be nonvoting, ex officio members of the board. The member advisory board shall be responsible for proposing any amendments to EDBID bylaws for city council approval and policy guidelines to the city council that will address, among other matters, the composition and method of appointing or electing board members. The member advisory board shall also provide advice and consultation to the ananee a:roe.e-r administrative services director, and to any individual or agency, that may be hired to manage the day-to-day operations of the business improvement district program, on all matters related to the operation of the program. Each year no later than October 31 st the member advisory board shall submit to the city council a proposed annual work program and budget for the following year, unless otherwise approved by the city council. The board shall address and discuss member concerns and questions regarding the EDBID and program; review all reports submitted to the finance department by the member advisory board or program administrator, if hired; and sponsor the annual member meeting. [Ord. 4081 § 1, 2017; Ord. 3941 § 1 (Art. A), 2013; Ord. 3914 § 1 (Att. A), 2013; Ord. 3909 § 1, 2013]. 3.75.130 Business improvement district fund oversight and programmatic support. The finance director administrative services director shall administer the BID fund for the city with authority to: A. Consider adjusting the assessment amount based on an erroneous classification or square footage; B. Collect the assessments; refund assessments when overpaid or otherwise improperly collected; extend the deadline for payment; and waive delinquency charges and interest whenever the delinquency results from extenuating circumstances beyond the member's control, such as a casualty loss causing premature closure of the Packet Pg. 216 7.4.a business, bankruptcy, or the total principal payment due to the city (exclusive of penalty and interest) is $10.00 or less; C. Calculate and collect the interest for late payments; and D. Accept and deposit advance payment of assessments by members; accept donations from governmental agencies, the public, and owners and operators of businesses. E. The community services/economic development director shall provide general support and advice on matters related to programs, projects, activities and administration of the EDBID. [Ord. 4081 § 1, 2017; Ord. 3909 § 1, 2013]. Section 3.80.010 Marsh restoration and preservation fund. The administrative services director is hereby authorized to create and number a new fund to be known as the Edmonds marsh restoration and preservation fund for the purpose of holding city -provided funds and receiving donations from the eitizeresidents for, or in aid of, the cost of operating, and restoring the Edmonds Marsh, including the daylighting of Willow Creek. This fund is created and shall be maintained until the end of daylighting of Willow Creek project and that such donations shall be fully tax deductible and in accordance with the laws of the United States and the regulations of the Internal Revenue Service. [Ord. 4100 § 1, 20181. Section 4.68.100 Construction in right-of-way. A. Notification of City Community Services Department. A franchisee shall submit an application for permit to perform work in the city's rights -of -way. Permits to perform work in the city's rights -of -way shall be available on the basis of the most favorable terms and conditions of any other franchisee or utility. The city shall provide an annual master permit process for the cable system rebuild project, the fees of which will be paid out of the annual franchisee fees. No work, other than emergency repairs, shall commence without such a permit. Emergency repairs may be made immediately with notification given to the city no later than the next business day. B. Installation. In accordance with the permit issued, all transmission lines, equipment, and structures shall be located and installed so as to cause minimum interference with the rights and reasonable convenience of property owners, and at all times shall be maintained in a safe condition, and in good order and repair. Suitable barricades, flags, lights, flares, or other devices shall be used at such times and places as are reasonably required for the safety of the public. Any poles or other fixtures placed in any street by a franchisee shall be placed in such manner as not to interfere with the usual travel on such public way. C. Interference with Use of Streets. A franchisee must obtain an application for permit to perform work in the rights -of -way for all work performed by the franchisee in such areas. When installing, locating, laying, or maintaining facilities, apparatus, or improvements, a franchisee shall not interfere with the use of any street to any greater extent than is necessary, and shall leave the surface of any such street in as good condition as it was prior to performance by franchisee of such work. Any facility, apparatus, or improvement under this chapter shall be laid, installed, located, or maintained in conformance with instructions given by, and to the reasonable satisfaction of, the city. In any event, a franchisee shall, at its own expense, and to the reasonable satisfaction of the city in accordance with the terms of the application for permit to perform work in the rights -of -way, restore to city standards and specifications any damage or disturbance caused to streets as a result of franchisee's construction or operations. D. Relocation/Removal. Upon receipt of 30 days' prior written notice, a franchisee, at its own expense, shall protect, support, temporarily disconnect, relocate, or remove any of its property when, in the judgment of the ^^ w ..�:.. ees air-eet , public works director, the same is required by reason of traffic conditions, public safety, and/or improvements by governmental agencies. Nothing herein shall be deemed a taking of the property of a franchisee, and franchisee shall be entitled to no surcharge by reason of this Packet Pg. 217 7.4.a section. After receipt of 30 days prior written notice, upon failure of a franchisee to commence, pursue, or complete any work required by the provisions of this chapter to be performed on any street, within the reasonable time prescribed and to the reasonable satisfaction of the city, the city may, at its option, cause such work to be done, and a franchisee shall pay to the city the reasonable cost thereof, within 30 days after receipt of demand. E. Location of Facilities. A franchisee agrees to provide the city with a map or maps which shall show the vertical and horizontal location of its facilities within the franchise area using a minimum scale of one inch equals 100 feet, measured from the centerline of the right-of-way, which maps shall be in hard copy plan form acceptable to the city and in Geographical Information System (GIS) format. This information shall be provided within 90 days of the effective date of the ordinance codified in this chapter and shall be updated at least every 12 months thereafter. [Ord. 3083 § 1, 1996]. Section 4.68.400 CFAR application requisites. A. Identification and Ownership Information. 1. Identification of Applicant and Proposed Franchisee. a. State the name, address, telephone number and web site (if applicable) of the applicant and the proposed franchisee (if different from applicant). b. State the name, address, primary telephone number and primary e-mail address of all individual(s) authorized to represent the applicant before the staff during their consideration of the franchise(s) requested, including the applicant's primary contact and any additional authorized contacts. 2. Business Structure. a. Corporation. i. If applicant is a corporation, please list all officers and members of the board of directors, their principal affiliations and their addresses; ii. Attach a certified copy of the articles of incorporation and bylaws of the corporation as well as certificates of good standing from the Secretary of State of the state of incorporation as well as the state of Washington; and iii. State whether the applicant is directly or indirectly controlled by another corporation or legal entity. If so, attach an explanatory statement and response to subsections (A)(2)(a)(i) and (ii) of this section concerning the controlling corporation. b. Partnership. i. If applicant is a partnership, please describe the structure of the partnership and the interests of general and limited partners. ii. State whether the applicant is controlled directly or indirectly by any corporation or other legal entity. If so, respond to subsections (A)(2)(a)(i) and (ii) or (A)(2)(b)(i) of this section, as applicable, concerning the controlling entity. 3. Experience. a. Current Franchises. Please list all cable systems operated by the applicant in the last five years. For each system, include name of system, address, communities served, number of subscribers, number of homes passed, date of system award, duration (start and end date) of franchise, status of construction, and percent of penetration of homes passed as of most recently available date (include date). Also include name, title, and telephone number of the system manager and authorized representative of the franchising authority. Packet Pg. 218 7.4.a b. Pending Franchises. List communities where the applicant or any affiliate currently has a formal or informal request pending for an initial franchise, the renewal of a franchise, or the approval of a transfer of ownership. Include names of communities, date of application, date of expected action, and estimated number of homes. Also include complete contact information of an authorized representative of the franchise authority. 4. Management Structure. Attach a management/organizational chart showing the management structure of the applicant. Also, provide a similar chart showing the relationship of the applicant to all general partners, parent corporations, subsidiaries, affiliates and all other subsidiaries of parent corporation, including a brief description of each entity's relationship to the applicant. 5. Management Agreement. State whether there are any management agreements existing or proposed between the applicant and any parent corporation or affiliate related to construction and operation of the applicant's planned system in Edmonds. If yes, attach a copy of any such agreement. B. Legal Qualifications. 1. Media Cross -Ownership. Section 613 of the Cable Communications Policy Act of 1984, 47 USC Section 533(a), and applicable FCC rules prohibit certain forms of media cross -ownership. Please state whether the applicant or an affiliate directly or indirectly owns, operates, controls or has an interest in any of the following, or whether the applicant holds or operates any company or business operating jointly with any of the following a. A national broadcast television network (such as ABC, CBS or NBC, etc.). b. A television broadcast station whose predicted Grade B contour, computed in accordance with Section 73.684 of the FCC's rules, overlaps in whole or in part in the city, or an application for license to operate such a station. c. A telecommunications or telephone company whose service area includes any portion of the city. If the response to any of the above is affirmative, state the name of the applicant or affiliate, the nature and percentage of ownership or interest and the company that is owned or in which the interest is held. 2. Equal Employment Opportunity and Affirmative Action. Federal law requires cable system operators to be certified by the Federal Communications Commission (FCC) as being in compliance with the equal employment opportunity requirements of Section 634(e) of the Cable Communications Policy Act of 1984, 47 USC Section 554(e). The applicant shall attach any current FCC certification(s) for its existing cable system holdings, if any, or indicate its intention to apply for and abide by same. 3. Franchise Violations. State whether the applicant or any affiliate has been found in violation by a regulatory authority or franchising authority of any franchise ordinance or agreement, contract or regulation governing a cable system. If so, identify the judicial or administrative proceeding, giving the date, name of tribunal and result or disposition of that proceeding. 4. Other Violations. State whether the applicant or any affiliate has been found in violation of any franchise, ordinance, agreement, permit, contract or regulation by a regulatory authority of any other type (e.g., public utility commission). If so, identify the judicial or administrative proceeding, giving the date, name of tribunal and result or disposition of that proceeding. C. Financial Qualifications. 1. For applicants with existing operations: provide audited financial statements, including statements of income, balance sheets and cash flow statements, together with any notes necessary to the understanding of the financial statements for the last three fiscal years for the applicant and any parent corporation. Please provide associated operating statistics including distribution plant miles, homes passed, number of basic cable service subscribers, and number of subscribers to other tiers or services, including digital services, internet access services, telephone services and number of premium units, for the operations corresponding to the financial statements. Packet Pg. 219 7.4.a 2. For all applicants: provide detailed pro forma projections for both applicant's operations in the city and any regional or national planned operations of which the city is a part for the next five fiscal years from the date of the application, including balance sheets, income statements, and statements of cash flows, or, alternatively, at a minimum, detailed projected income and cash flow statements. Please include associated operating statistic assumptions for these projections including distribution plant miles, homes passed, number of basic cable service subscribers, number of subscribers to other tiers or services (e.g., digital service, high-speed internet access service, telephone service, etc.), and number of premium units. Also, describe any other assumptions reflected in the projections, including (a) revenue assumptions, such as service rates, (b) expense assumptions, such as direct costs of service, staffing levels, or anticipated cost inflation, (c) capital expenditure assumptions, such as miles of plant to be built and costs per mile of construction or per subscriber, and (d) financing assumptions, such as funds to be borrowed and from whom, interest rates, and timing of repayment, or equity infusions and distributions. Please provide these projections in electronic (Excel spreadsheet) form as well as in printed form. D. Technical Qualifications, Planned Services and Operations. 1. Describe the applicant's planned initial and proposed geographic cable service area, including a map and proposed dates for offering service to each area; 2. If the applicant has or asserts existing authority to access the public right-of-way in any of the initial or proposed service areas listed in subsection (D)(1) of this section, state the basis for such authority or asserted authority and attach the relevant agreements or other documentation of such authority; 3. Describe with particularity the applicant's planned residential cable services, including basic cable services, cable programming service tiers, and any additional pay -per -view, on -demand or digital services; and the projected rates for each category or tier or service; 4. Describe with particularity the applicant's planned system technical design, upstream and downstream capacity and speed, provision for analog or digital services or packages, distribution of fiber, and planned count of households per residential node; 5. Describe with particularity the applicant's planned nonresidential cable services; 6. Describe the applicant's planned construction and extension or phase schedule, as applicable, including system extension plans or policy; describe current status of the applicant's existing or proposed arrangements with area utilities, including pole attachments, vault, or conduit sharing agreements as applicable; 7. Describe the applicant's plan to ensure that the safety, functioning and appearance of property and convenience and safety of other persons not be adversely affected by installation or construction of the applicant's facilities, and that property owners are justly compensated for any damages caused by the installation, construction, operation or removal of the facilities; also state the proposed allocation of costs of installation, construction, operation or removal of facilities between the applicant and the subscriber; 8. Describe the availability and cost of a device to enable a subscriber to block obscene or indecent programming; and 9. Describe the applicant's plan to comply with the subscriber privacy protections set forth in 47 USC Section 551. E. Minimum Franchise Obligations. Please state the applicant's intention to meet each of the following minimum cable franchise standards: 1. Model Franchises. The applicant shall comply with all provisions of this chapter. 2. Right -of -Way ("ROW") Regulations. The applicant shall stipulate in writing that it will at all times comply with all applicable and lawful city laws and regulations related to use of the public ROW within the boundaries of the city. Packet Pg. 220 7.4.a 3. Nondiscrimination. The applicant shall stipulate that it shall not deny cable service to any group of potential residential cable subscribers in the cable service area proposed by applicant based on their income. 4. Franchise Fees. The applicant shall pay franchise fees on a monthly basis, unless otherwise agreed to by the city, at the franchise fee rate established by ordinance for all cable service providers in Edmonds. F. City Expectations. The applicant will provide a detailed proposal as part of its application regarding each of the below provisions to enable the city to determine whether the application meets the cable -related needs and interests of the city. 1. Build -Out. The city expects that all residents within a specified cable service area will have access to applicant's cable services consistent with all applicable local, state and federal laws and regulations. The applicant shall provide a proposal to provide access to cable services to all residents in applicant's proposed cable service area within a reasonable time period. Maps of existing franchise districts are on file with the staff s office or available by contacting the city at 425-775-2525. The staff may reconsider cable service areas proposed by applicant that overlap the geographic boundaries of existing Edmonds cable franchise districts. Applicant shall clearly specify all build -out criteria and exceptions. 2. PEG Channel Capacity. The applicant shall provide the same channel capacity as available under existing incumbent city cable franchise agreements. Channel capacity is not limited to channels currently in use but shall include all available channels under existing franchise agreements. G. Proposed Franchise Terms. The city's model cable franchise template, Attachment A to this rule, reflects terms and conditions required of other cable operations in Edmonds as of the effective date of the CFAR. The applicant shall list any proposed amendments to the model cable franchise template and an explanation as to why the amendment should be considered by the city. These proposed amendments may either be included in this section of applicant's CFAR franchise application or shown directly on the model cable franchise template. An electronic copy of the model cable franchise template may be obtained by calling staff at 425-775-2525 or on the city's web site: www.ci.edmonds.wa.us. H. Miscellaneous Provisions. State whether the applicant contemplates the provision of any cable services on its system under an open video systems ("OVS") regulatory regime, within the meaning of Section 653 of the 1934 Communications Act (47 USC Section 573). I. Affidavit of Applicant. Each application shall be accompanied by an affidavit substantially in the form set forth below: This application of the Applicant is submitted by the undersigned who has been duly authorized to make the representations within on behalf of the Applicant and certifies the representations are true and correct. The Applicant recognizes that all representations are binding on it and that material misrepresentations or omissions, or failure to adhere to any such representation may result in a negative staff recommendation to the Edmonds City Council, or denial of a CFAR Franchise Application by the Edmonds City Council. Consent is hereby given to the staff and their representatives or agents to make inquiry into the legal character, technical, financial and other qualifications of the Applicant by contacting any persons or organizations named herein as references, or by any other appropriate means. The Applicant recognizes that information submitted is open to public inspection and subject to the Washington Public Records Law. We advise the Applicant to be familiar with the Washington Public Records Act at Chapter 42.56 RCW. The Applicant should specifically identify any information which the Applicant has deemed proprietary, the Staff, as appropriate, will tender to the Applicant the defense of any request to compel disclosure. By submitting information which the Applicant deems proprietary or otherwise exempt from disclosure, the Applicant agrees to defend and hold harmless the City of Edmonds and the Packet Pg. 221 7.4.a staff from any claim for disclosure including but not limited to expenses including out-of-pocket costs and attorneys' fees, as well as any judgment entered against the City of Edmonds or the staff for the attorney fees of the parry requesting disclosure. Name of Applicant's Authorized Representative: Affiant's Signature: Official Position: Date: NOTARIZATION Subscribed and sworn before me this of , 20 Notary Public for Washington: My Commission expires: J. Application Fee. The application fee to cover the reasonable cost of processing application is set forth in ECC 4.68.410. The fee shall be equal to the actual, reasonable costs of review, and the application fee shall be considered a deposit against payment or reimbursement of the city's costs. K. Review Process. 1. Acceptance of Application. Within 10 business days of receipt of an application, staff shall review the application to ensure all requisite information is included in the application. a. If the application is not complete, staff will notify the applicant in writing within 10 business days, listing the requisite information that is required to complete the application and notifying the applicant that the time period for granting or denying the application set forth in 47 CFR Section 76.41 will not begin to run until such information is received. b. If the application is complete, staff will notify the applicant in writing within five business days by certified mail that all requisite information has been received. 2. Staff Review. Staff shall review all completed applications based on the review criteria set forth herein. If, during the review of an application, staff requires additional information from the applicant, staff will promptly request the information from the applicant, in writing, along with a notification that the time period for granting or denying the application set forth in 47 CFR Section 76.41 will be tolled until such information is received by the staff. After completing the review, staff shall provide an analysis of the application and recommendations to the Edmonds city council. 3. Public Notification and Opportunity to Comment. The Edmonds city council may hold a public hearing to provide the applicant and residents in the proposed cable service area prompt notice and an opportunity to comment on any CFAR franchise application. Notice requirements for public hearings shall be provided 10 business days in advance; provided, however, that the administrative services director may shorten or alter these requirements as needed to meet the deadline for a council decision set forth in 47 CFR Section 76.41, unless the applicant and the staff agree to extend the deadline. 4. Review Criteria. The staff may recommend to the city council denial of an application if any of the following exists: a. The applicant does not have the financial, technical, or legal qualifications to provide cable service; or Packet Pg. 222 7.4.a b. The applicant will not provide adequate public, educational, and governmental access channel capacity, facilities, or financial support, as evidenced by the most recent needs ascertainment conducted by or on behalf of the staff or other relevant study of community needs; or c. The applicant will not meet the city's minimum reasonable build -out requirements; or d. The applicant's proposed terms do not comply with applicable federal, state and local laws and regulations including, but not limited to, local customer service standards or relevant existing city contractual obligations; or e. Applicant has made material misrepresentations or omissions, or has failed to adhere to any such representations. 5. Length of Franchise. A franchise granted under these provisions shall expire on the date established in the review process, in no event later than April 26, 2011, the same date as any underlying, nonexclusive cable franchise previously granted by the city. This franchise length has been established in order to permit full assessment of the needs of the city and its eitizen residents as permitted by 47 USC Section 521, et seq., and the regulations promulgated thereunder as this chapter is revised. [Ord. 4269 § 4, 2022; Ord. 3668 § 2, 2007]. Section 4.98.030 Grounds for denial of application — Limited. No permit shall be denied by the city except upon the following grounds: A. The event location or desired parade route conflicts with another event for which a permit has already been issued; or B. The proposed event location or route would unreasonably prevent or block the provision of emergency services within the city of Edmonds or would unduly disturb the convenience of the public in the use of public streets and sidewalks. In the event that a permit is denied for the reasons stated in subsection (A) or (B) of this section, the city of Edmonds shall work with the applicant to find an unencumbered time, date, location, or route suitable to the applicant. The requirement of a permit for constitutionally protected events or expressive events shall not be used or administered to prevent the exercise of free speech by any individual or group of individuals so long as the event or route is reasonable as to its time, place and manner. It is the policy of the city of Edmonds to permit, encourage and promote the lawful exercise of free speech by all of its eitizen residents regardless of the content thereof. [Ord. 4269 § 8, 2022; Ord. 3661 § 1, 2007]. Section 4.100.010 Purpose. It is the purpose of the city to establish a process for permitting special events that impact city rights -of -way, public property and other facilities or services. It is recognized that these special events enhance the city of Edmonds community and provide benefits to the citizen residents through the creation of venues for expression and entertainment that are not normally provided as a part of governmental services. This chapter is intended to supplement land use and street right-of-way regulations, to provide a coordinated process for the regulation of certain activities to be conducted in conjunction with special events, and to ensure that the impacts of the special event do not unduly impact the public's health, safety or welfare. It is further intended to protect and preserve public infrastructure and city resources, prevent unplanned disruption of public services, mitigate impacts to the extent feasible and create a mechanism for cost recovery without having an adverse effect on those events that contribute to the community. [Ord. 4269 § 9, 2022]. Packet Pg. 223 7.4.a 5.05.121 Potentially dangerous dogs. The provisions of this section apply to the extent they are not inconsistent with the provisions of Chapter 16.08 RCW. A. Declaration of a Dog as Potentially Dangerous. The animal control authority shall have the authority to declare a dog to be potentially dangerous, and place restrictions on such dog, if the animal control authority has probable cause to believe that the dog falls within the definitions set forth in ECC 5.05.010(M). The declaration must be based upon: 1. The written complaint of a eifizen resident who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of ECC 5.05.010(M); 2. Animal bite report(s) filed with the animal control authority; 3. Action(s) of the animal witnessed by any employee of the animal control authority or law enforcement officer; or 4. Other substantial evidence. B. Exclusions. A dog shall not be declared potentially dangerous if the animal control authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the dog was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or who was tormenting, abusing, or assaulting the dog, or who had been in the past observed or reported to have tormented, abused, or assaulted the dog, or who was committing or attempting to commit a crime. C. Prohibited Ownership. No person(s) under the age(s) of 18 years old shall own a potentially dangerous dog, as defined in ECC 5.05.010(M.) D. Notice of Animal Control Authority Declaration. If the animal control authority receives a report of a potentially dangerous animal, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if known, and observing the animal. Upon completion of its investigation, if the animal is declared potentially dangerous, the animal control authority shall prepare a written declaration. 1. The declaration shall be in writing and served on the owner in one of the following methods: a. Certified and regular mail to the owner's last known address; or b. Personally; or c. If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation. 2. The declaration shall include, but is not limited to: a. A description of the dog; b. The name and address of the owner of the dog, if known; c. The whereabouts of the dog if not in custody of the owner; d. A brief summary of the facts upon which the declaration is based, if known, including the definition of potentially dangerous under which the declaration is being made; e. A statement of any restrictions placed on the animal or owner as a result of the declaration; and Packet Pg. 224 7.4.a f. The ability and process for appealing the declaration by submitting a written request to the Edmonds municipal court clerk within five business days of receipt of the declaration. E. Appeal. Appeals shall be heard by the judge of the Edmonds municipal court and conducted in accordance with ECC 5.05.123. [Ord. 3895 § 1, 2012; Ord. 3786 § 1, 2010; Ord. 3451 § 1, 2003]. Section 5.05.127.1 Spay or neuter of owner -surrendered and stray animals required. A. Stray dogs and cats at least two months of age from the city's animal control service area that are placed at and retained by the city designated shelter, and dogs and cats owned by eitizen residents residing within the city's animal control service area that are surrendered at the city's designated shelter, shall be spayed or neutered, and verification of said surgery shall be provided before animals are adopted. Provided, however, that any animal which has not been spayed or neutered, and which is currently licensed pursuant to ECC 5.05.020 or 5.05.025 shall not be subject to be spayed or neutered until the notification period of 10 days established by ECC 5.05.126(D) has expired. B. The city's designated veterinarian(s) shall determine if said animals are appropriate candidates for surgery. Dogs and cats determined by the city's designated veterinarian to be permanently inappropriate candidates for surgery may be adopted without surgery. Dogs and cats at least two months of age who are determined to be temporarily inappropriate candidates for surgery, and dogs and cats under two months of age, may be adopted without surgery, providing that a $50.00 deposit shall be collected from the adopter. Said deposit shall be returned to the adopter upon receipt of written verification that the animal has been spayed or neutered within six months of adoption. If the spay or neuter surgery is performed by a city designated veterinarian, the basic surgical costs will be paid by the city as outlined in ECC 5.05.127.2. If the animal is determined to be a permanently inappropriate surgical candidate the surgery will not be required. In such cases the deposit shall be returned to the adopter upon written verification by a veterinarian of the animal's inappropriate surgical candidacy. Failure to have the animal spayed or neutered within the specified time period will result in the forfeiture of the deposit and the deposit shall be placed in the city of Edmonds' animal benefit fund. C. Dogs or cats which have been spayed or neutered at city expense shall be subject to a fee of $50.00 as provided in this chapter. This fee, unlike the deposit provided for in subsection (B) of this section, shall not be refundable. D. When scheduling prohibits a timely spay or neuter surgery by the city's designated veterinarian(s), the new adoptive family member will be allowed to take the animal home after signing an affidavit promising to return the animal to the designated veterinarian(s) at a scheduled appointment time made by the animal control authority. Failure to keep the scheduled appointment for the animal will constitute a violation of this chapter with the adoptive person subject to a penalty under EMC 5.05.127.4. [Ord. 3681 § 1, 2008; Ord. 3486 § 2, 2004; Ord. 3451 § 1, 2003]. 5.05.127.2 Animal benefit appropriation. A. The city council may from time to time appropriate during its annual budgeting process an amount for the purpose of financially assisting low-income city of Edmonds residents in obtaining spay or neuter services for their dogs or cats, and providing for spay and neuter services for stray dogs and cats from the city's animal control service area that are placed at and retained by the city designated shelter, and dogs and cats owned by eitize residents residing within the city's animal control service area that are surrendered at the city designated shelter prior to their adoption back into the community. Application may be made to the city of Edmonds animal benefit appropriation to effectuate this purpose. B. The city may grant a financial assistance voucher to a resident in the amount of $30.00 to be applied toward the costs of obtaining spay or neuter services for an animal by the city's designated veterinarian(s); provided, that except in cases involving the spay or neuter of owner -surrendered or stray animals that will be returned to the city's designated animal shelter, proof of the animal owner's city of Edmonds residency, as well as a statement of financial need, shall be required as a prerequisite to receiving said financial assistance voucher. Packet Pg. 225 7.4.a C. After performing the necessary spay or neuter surgery upon an animal, the city's designated veterinarian(s) may submit an invoice to the city of Edmonds requesting reimbursement. The invoice will be paid at full cost of agreed upon prevailing industry standards for spay and neuter services for stray dogs and cats from the city's animal control service area that are placed at and retained by the city designated shelter, and dogs and cats owned by e-itizen residents residing within the city's animal control service area that are surrendered at the city designated shelter. D. After performing the necessary spay or neuter surgeries upon an animal, the city's designated veterinarian(s) may submit an invoice for $30.00 for the financial assistance voucher. For the financial assistance voucher, the invoice shall be submitted with a photocopy of said voucher attached, shall be signed by a veterinarian, and shall contain the following information: 1. Identification of the animal. 2. Identification of the person requesting the spay or neuter services for the animal. 3. Identification of the specific type of spay or neuter services performed. 4. Date of performance of the spay or neuter services. E. Within 30 days of receiving an invoice for spay or neuter services performed by the city's designated veterinarian(s), the city shall provide payment to the designated veterinarian in the amount of $30.00 per financial assistance voucher or paid at full cost of agreed upon prevailing industry standards for spay and neuter services for stray dogs and cats from the city's animal control service area that are placed at and retained by the city designated shelter, and dogs and cats owned by eitizen residents residing within the city's animal control service area that are surrendered at the city designated shelter. Said amount shall be drawn exclusively from the city's animal benefit appropriation. [Ord. 3858 § 1, 2011; Ord. 3451 § 1, 2003]. Section 5.05.127.3 Definitions and integration of initiative provisions. ECC 5.05.127.1 and 5.05.127.2 have been adopted pursuant to a even residents initiative. The initiative's provisions utilize terms which are not defined and in some cases are different than terms utilized in the ordinance codified in this chapter and/or in the day to day administration of the city's animal control system. A. Definitions. When used in ECC 5.05.127.1 and 5.05.127.2, these terms shall have the following definitions: 1. "Designated shelter" shall mean the location designated by ordinance or contract for the custody of stray or other animals by the animal control system of the city and shall include terms such as "designated kennel." 2. "Designated veterinarian(s)" shall mean the veterinarian(s), entity or organization with whom the city has contracted to perform the services required under this chapter. 3. "Deposit" shall mean that portion of the adoption fee which is refundable upon proof of spaying/neutering of the adopted animal. The term does not include administrative fees, fines, or other charges established by this chapter or other city ordinance. 4. "Agreed upon prevailing industry standards for spay and neuter services" shall be determined by reference to the rate established by ordinance or a contract with the designated veterinarian(s). B. Integration. The provisions of ECC 5.05.127.1 and 5.05.127.2 have been adopted pursuant to initiative (hereinafter "initiative provisions"). Initiatives are prohibited by state law from imposing administrative detail or from exercising powers delegated specifically to the city council. In the event of ambiguity or conflict regarding the provisions of ECC 5.05.127.1 or 5.05.127.2, the following rules of interpretation shall apply: 1. With respect to the interpretation of any term or concept of the initiative provisions relating to the adoption of dogs or cats from the city's designated shelter, any ambiguity or conflict relating to adoption shall be Packet Pg. 226 7.4.a interpreted to require or encourage the spaying or neutering of dogs or cats adopted from the city's animal control system. 2. With respect to ambiguities or conflicts between the initiative provisions and administrative provisions of city code, or any contract approved by the city council, the administrative provisions of city code or a contract shall control. 3. With respect to ambiguity or conflict between the initiative provisions and any exercise of a power delegated to the legislative power of the city council by statute or the Washington State Constitution, the exercise of the city council's legislative power shall control. 4. Any attempt by the initiative provisions, including Section 3 of Ordinance 3435, to exercise a power in excess of powers available through the initiative process and/or to exercise a power which is unavailable to the city shall be void and interpreted in a manner consistent with the scope of initiative powers. [Ord. 3451 § 1, 2003]. Chapter 5.30 NOISE ABATEMENT AND CONTROL Sections: 5.30.010 Declaration of policy. 5.30.020 Definitions. 5.30.030 Unlawful sounds. 5.30.040 Maximum permissible sound levels. 5.30.050 Modification to maximum permissible sound levels. 5.30.060 Motor vehicle noises — Stationary test. 5.30.070 Motor vehicle noises — Road test. 5.30.080 Mufflers. 5.30.090 Tire noise. 5.30.100 Exemptions. 5.30.110 Sounds exempt during daytime hours. 5.30.120 Variances. 5.30.130 Public disturbance noises. 5.30.140 Citizen Resident complaints. 5.30.150 Penalties. 5.30.160 Severability. 5.30.200 Quiet zones — Establishment. 5.30.210 Criteria for establishing a quiet zone. 5.30.220 Quiet zone signs. 5.30.230 Noise prohibited in quiet zones. 5.30.240 Schedule of quiet zones. Section 5.30.010 Declaration of policy. It is hereby declared to be the policy of the city of Edmonds to minimize the exposure of eitizen residents to the physiological and psychological dangers of excessive noise and to protect, promote and preserve the public health, safety and general welfare. It is the express intent of the city council to control the level of noise in a manner which promotes commerce, the use, value and enjoyment of property, sleep and repose, and the quality of the environment. [Ord. 4074 § 1 (Att. A), 2017; Ord. 2531, 1985; Ord. 2193, 1981]. Packet Pg. 227 7.4.a Section 5.30.140 Citizen Resident complaints. Whenever it is stated in writing by three or more persons having separate residences in a neighborhood that any person is violating any of the provisions of this chapter, the noise control administrator or his/her designee shall review such complaints. After the noise control administrator or his/her designee determines that a violation has occurred, the administrator or his/her designee shall advise the owner of the complaint and that such violation is a nuisance and must cease. Failure of any person to cease any violation of this chapter shall be subject to penalties as established in this chapter. [Ord. 4074 § 1 (Att. A), 2017; Ord. 3989 § 2, 2015; Ord. 2853 § 27, 1991; Ord. 2531, 1985; Ord. 2193 § 15, 1981]. 5.48.030 Authority to accept bail. The court, may by its order, authorize the violations bureau to receive the deposit of bail for appearance in court for specified offenses under a bail schedule issued under this chapter. The violations bureau, upon accepting the prescribed bail, shall issue a receipt to the alleged violator, and whatever other information the court requires, prepared in multiple copies, and shall provide information of the legal consequences of bail forfeiture. One copy of the receipt shall be forwarded to the finanee dir-eeter- administrative services director and one copy shall be retained by the violations bureau. [Ord. 2531, 1985; Ord. 1481, 1970]. Title 6 HEALTH AND SANITATION Chapters: 6.10 HealthOfficer Mies 6.20 Nuisances 6.30 Noxious Weeds 6.40 Litter Control 6.50 Repealed 6.60 Disaster Preparation, Emergency Coordination, and Civil Emergencies 6.65 Edmonds Fire Department — Provision of Emergency Services 6.70 Repealed 6.80 Plastic Bag Reduction 6.90 Noncompostable Food Service Containers Prohibition 6.95 Single -Use Plastic Utensils — Prohibition Packet Pg. 228 7.4.a 1 1 1 Ciil. !7S!!Eff!!T.l�l.S'i..ETds}a�'.f:LSf�'J�'iTSIS.T.Rl1�1�:T�F'�'!�.!!!MI" .. OWN I• IRWIN Section 6.20.020 Definitions. The following definitions shall apply for purposes of this chapter: A. "Antique vehicle" means a vehicle that is at least 40 years old and is qualified pursuant to WAC 308-96A-073. B. "Driveway" means an improved surface per city engineering standards designed and used for accessing a parking area and/or for vehicle parking. C. "Emergency" means a situation in which the ees aireetef planning and development director reasonably determines that immediate abatement or other action is necessary in order to prevent, reduce or eliminate an immediate threat to health, safety or property. Q Packet Pg. 229 7.4.a D. "Front yard" means a space on the same lot as a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot. In the case of a double frontage lot, both spaces with street frontage shall be considered front yards. E. "Junk vehicle" means a vehicle meeting any two of the following criteria: 1. Is extensively damaged, including but not limited to any of the following conditions: a broken or missing windshield or missing wheels, tires, motor or transmission; 2. Is apparently inoperable; 3. Is without valid current registration plates; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. F. "Inoperable" with respect to a vehicle means that the vehicle is incapable of being legally operated on a public roadway due to the condition of the vehicle or the status of the ownership, registration, or license of the vehicle. G. "Junk" means discarded, broken or disabled material including but not limited to household items, house or lawn furniture, appliances, toys, construction items, hot tubs, trampolines, vehicle parts, or other items that are not neatly stored or in a functioning condition. H. "Litter" means discarded waste materials, including but not limited to paper, wrappings, packaging material and discarded or used containers. 1. "Motor vehicle" means a vehicle that is self-propelled but not operated upon rails, and includes neighborhood electric vehicles as defined in RCW 46.04.357. An electric personal assistive mobility device is not considered a motor vehicle. A power wheelchair is not considered a motor vehicle. J. "Operable" with respect to a vehicle means that the vehicle is a licensed motorized or nonmotorized vehicle which in its current condition is legally and physically capable of being operated on a public roadway. K. "Rear yard" means a space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. L. "Salvage" means an item that would otherwise be destroyed, rejected or discarded but is or may be recycled or put to further use. M. "Side yard" means a space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard. N. "Stagnant" means water or liquid that has become foul, stale or impure through lack of agitation, flow or movement. O. "Trash" means waste food products and other household garbage. P. "Vehicle" means any motorized or non -motorized conveyance that includes, but is not limited to, an automobile, recreational vehicle, truck, any type of trailer, van, motorcycle, watercraft, farm equipment, construction equipment and antique vehicles (i.e., cars, trucks, vans, motorcycles, carriages, or motorized buggies). [Ord. 3720 § 4, 2008]. Section 6.20.042 Health and safety nuisances. The following actions or conditions have a direct impact on public health and are declared to be public nuisances. A. Vegetation. The following actions and/or conditions shall be public nuisances: Packet Pg. 230 7.4.a 1. Any dead, dying or other hazardous tree which is in danger of falling and endangers the traveling public on a street, alley, sidewalk or other public right-of-way. The word "tree" shall have the same meaning as is provided in ECDC-23.10.020. 18.^� �40. 2. Any violation of the noxious weed provisions of Chapter 6.30 ECC and/or any uncultivated berry vines and Class B or Class C noxious weeds (as classified by the Washington State Noxious Weed Control Board) which exceed an average of three feet in height and any portion of which are located within five feet of an adjacent property. B. Attractive Nuisances. Any attractive nuisances dangerous to children are declared to be public nuisances, including but not limited to the following items when located outside of a fully enclosed building: 1. Abandoned, broken or neglected equipment; 2. Jagged, sharp or otherwise potentially dangerous machinery; 3. Household or commercial appliances, including but not limited to refrigerators, freezers, washers, dryers, dishwashers, ovens, hot water tanks, or toilets; 4. Unpermitted excavations; and/or 5. Unprotected or open wells or shafts. C. Breeding Grounds for Vermin or Insects. The following actions and/or conditions are public nuisances: 1. Any accumulations of perishable matter, including but not limited to foodstuffs, that may harbor or attract the infestation of mold, insects and/or vermin; provided, however, that this provision shall not apply to compost heaps or facilities which are maintained in accordance with standards recommended by the U.S. Composting Council. 2. Any stagnant, pooled water in which mosquitoes, flies or other insects may reproduce. 3. Any stacks or accumulations of newspapers, cardboard, or other paper, cloth, plastic, or rubber left or stored in a manner which poses a substantial risk of combustion, a threat of fire, or that may harbor, serve as an attraction for or promote the infestation of mold, insects and/or vermin. D. Hazardous Conditions, Substances or Materials. The following conditions or actions are declared to be public nuisances: 1. Any structure or other constructed object not governed by the International Building Code that is decayed, damaged, or in disrepair and poses a substantial threat of collapse, structural failure or falling. 2. Any unstable embankment, fill or other accumulation of rock and/or soil which poses a substantial threat of collapse. 3. Any storage or keeping of any toxic, flammable, or caustic substance or material except in compliance with applicable requirements of state or federal law. 4. Any unpermitted obstruction of any street, alley, crossing or sidewalk, and any unpermitted excavation therein or thereunder. [Ord. 3720 § 4, 2008]. Section 6.20.050 Enforcement and abatement. A. Responsibility for Enforcement. The provisions of this chapter shall be enforced by the community serviees director planning and development director or his/her designee. Packet Pg. 231 7.4.a B. Responsibility for Violation. The provisions of this chapter shall be enforceable against any person who causes, permits, creates, maintains or allows upon any premises, any of the actions or conditions designated as public nuisances under ECC 6.20.040, including but not limited to any person or entity owning, leasing, renting, occupying, or possessing the underlying premises. C. Penalties. Any person violating this chapter shall be subject to civil enforcement proceedings pursuant to Chapter 20.110 ECDC and/or criminal misdemeanor prosecution. D. Abatement. The city may seek a warrant of abatement from Snohomish County Superior Court authorizing city personnel and/or contractors to enter any premises containing a public nuisance and abate said nuisance at the violator's expense. Prior to obtaining such a warrant, the city shall provide written notice to the responsible party by posting upon the subject premises, mailing and/or personal delivery. Such notice may be combined with a notice of civil violation issued pursuant to Chapter 20.110 ECDC, and shall contain: (1) a description of the public nuisance; (2) a reasonable deadline by which the responsible party must eliminate the public nuisance; (3) a warning that the city may abate the nuisance at the responsible party's expense; and (4) a statement that the notice shall become a final order of the city if not appealed to the hearing examiner within the time period specified in Chapter 20.110 ECDC. All costs incurred by the city in abating a public nuisance, including but not limited to attorneys' fees, staff time and contractor expenses, shall be recovered from the responsible party. Abatement may be exercised concurrently with or alternatively to the imposition of civil and/or criminal penalties pursuant to subsection (C) of this section. E. Summary Abatement. Notwithstanding any other provision of this chapter, the city may, to the fullest extent legally permissible, summarily abate and/or take any action necessary to eliminate any condition constituting an immediate threat to public health or safety. F. Mediation. Notwithstanding any provision of this code, when the planning and development director determines, in his discretion, that significant risk to any person exists and the best interests of the neighborhood would be better served, the director may decline to proceed with prosecution or abatement until the complainant(s) and alleged violator(s) have attempted to resolve their conflict through mediation. G. Frivolous Complaint. Any person making a frivolous complaint under the provisions of this chapter shall be guilty of a civil infraction punishable by a fine of not more than $500.00. [Ord. 4299 Exh. A, 2023; Ord. 3720 § 4, 2008]. Section 6.20.060 Separate abatement proceedings for junk vehicles. A. Statutes Adopted by Reference. 1. RCW 46.55.010(2), (3), (4), (6), (7), (8), (9), (10), (11) and (12) only; 2. RCW 46.55.070, Posting requirements — Exception; 3. RCW 46.55.090, Storage, return requirements — Personal belongings — Combination endorsement for tow truck drivers — Authority to view impounded vehicle; 4. RCW 46.55.100, Impound notice — Abandoned vehicle; 5. RCW 46.55.110, Notice to legal and registered owners; 6. RCW 46.55.120, Redemption of vehicle — Sale of unredeemed vehicles; 7. RCW 46.55.130, Notice requirements — Public auction — Accumulation of storage charges; 8. RCW 46.55.140, Operator's lien, deficiency claim, liability; and 9. RCW 46.55.230, Junk vehicles — Certification, notification, removal, sale. Packet Pg. 232 7.4.a B. Administrative Hearing Officer. All abatement hearings required under this section shall be conducted by the hearing examiner. A decision made by the hearing examiner under this section regarding abatement shall be final as to abatement. Any abatement hearing under this section shall be considered a separate matter from any hearing regarding the underlying violation outlined in the previous sections of this chapter. Provided, however, that the hearing examiner may in his/her discretion combine such hearings if two separate rulings are issued. C. Abatement and Removal of Unauthorized Junk Motor Vehicles or Parts Thereof from Private Property. 1. The storage or retention of an unauthorized junk motor vehicle or parts thereof, as defined herein, on private property is hereby declared a public nuisance subject to removal and impoundment. The direetafplannin,g and development director shall inspect and investigate complaints relative to unauthorized junk motor vehicles or parts thereof on private property. Upon discovery of such nuisance, the community` sefviees dir-eetor-planning and development director shall give notice in writing to the last registered owner of record, if identifiable, and the property owner of the violation of the nuisance provisions and demand that both abate the nuisance or the vehicle will be removed and costs will be assessed against them. The notice shall also inform both that a hearing before the hearing examiner may be requested in writing, directed to the city clerk within 10 days of said notice, and that if no hearing is requested within 10 days, the vehicle will be removed at their expense. 2. If a request for a hearing is received, a notice giving the time, location, and date of the hearing on the question of abatement and removal of the vehicle or parts thereof as a public nuisance shall be mailed, by certified mail with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that the identification numbers are not available to determine ownership. 3. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with reasons for the denial and that she/he has not given consent for the vehicle to be located there. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that she/he has not subsequently acquiesced in its presence, then the hearing examiner shall not assess costs of administration or removal of the vehicle against the owner of the property upon which the vehicle is located or otherwise order recoupment of such costs from the owner of the property. 4. Costs of removal of vehicles or parts thereof under this section shall be assessed against the last registered owner of the vehicle or automobile hulk if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle or automobile hulk complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is stored, unless the property owner establishes the facts set forth in subsection (C)(3) of this section. 5. This section shall not apply to: a. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or b. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is screened according to RCW 46.80.130. 6. After notice has been given of the city's intent to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or parts thereof shall be removed at the request of the ^^w,,,,unity services director planning and development director and disposed of to a licensed motor vehicle wrecker or hulk hauler with written notice being provided to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked or otherwise lawfully disposed of. D. Owner of Record Presumed Liable for Costs When Vehicle Abandoned — Exceptions. Packet Pg. 233 7.4.a 1. The abandonment of any junk vehicle or hulk shall constitute a prima facie presumption that the last owner of record is responsible for such junk vehicle and thus liable for any costs incurred in removing, storing and disposing of said vehicle. 2. A registered owner transferring a vehicle shall be relieved from personal liability under this chapter if within five days of the transfer she/he transmits to the planning division a seller's report of sale on a form prescribed by the planning manager to show that the vehicle had been transferred prior to the date notice was given to him/her of the need to abate. E. Owner or Agent Required to Pay Charges — Lien. 1. Any costs incurred in the removal and storage of an impounded vehicle shall be a lien upon the vehicle. All towing and storage charges on such vehicle impounded shall be paid by the owner or his/her agent if the vehicle is redeemed. In the case of abandoned vehicles, all costs of removal and storage shall be paid by the owner or his/her agent if the vehicle is redeemed, but if not redeemed, such costs shall be received from the proceeds of sale. 2. Either a registered or legal owner may claim an impounded vehicle by payment of all charges that have accrued to the time of reclamation. If the vehicle was impounded at the direction of a law enforcement agency, the person in possession of the vehicle prior to the time of reclamation shall notify such agency of the fact that the vehicle has been claimed, and by whom. F. Written Impound Authorization Form. Whenever the ^emff, nity sei=vi es dir-eeter- planning and development director impounds a vehicle pursuant to the provisions of this chapter, the director shall complete an authorization form approved by the chief of police which specifies the section of this chapter or Chapter 46.55 RCW authorizing the impound. In the alternative, a law enforcement notice of infraction or citation for an offense which authorized the impound may be substituted at the director's discretion. [Ord. 3720 § 4, 2008]. Section 6.40.200 Enforcement officers and procedures. Enforcement of this chapter may be by any police officer or other law enforcement officer, fire department and building division personnel, jurisdictional health department personnel, and those public employees charged with the responsibility of operating and maintaining all public places within the provisions of this chapter. All such enforcement officers are empowered to issue citations to and/or arrest without warrant persons violating the provisions of this chapter. Said enforcement officers may serve and execute all warrants, citations and other process issued by the courts. In addition, mailing by registered mail of such warrant, citation or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged. Nothing herein shall be construed to prohibit even resident's complaints or arrests as may be otherwise permitted under applicable state regulations, state statute, ordinance or court rule. [Ord. 1610, 1972]. Section 6.60.010 Purposes. The purpose of this chapter is to protect the lives and property of the eitizen residents of Edmonds in the event of an emergency, disaster, or civil emergency through planning, training and organization and by authorizing the exercise of emergency powers as prescribed by RCW 38.52.070 and the city's home rule police powers. [Ord. 4291 § 1 (Exh. A), 2023; Ord. 4177 § 1, 2020; Ord. 2224 § 1, 1981]. Section 7.10.025 Delinquency charge. A charge equal to $25.00 shall be added as a fee to each delinquent utility bill, except in cases of extraordinary hardship as determined by the finance director administrative services director or his/her designee. The decision of the finance director administrative services director can be appealed to the Edmonds city council by filing an appeal Packet Pg. 234 7.4.a with the city clerk no later than 14 days after the director's decision was mailed. The account shall be considered delinquent if full payment is not made within 35 days after the sending of the regular billing. Such delinquency notice and billing will be provided 35 days following the mailing of a regular utility bill. This charge shall be applicable to all delinquent utility billing accounts. In order to be considered delinquent the outstanding principal balance of an account must total at least $40.00, and no delinquency charge shall be levied against any account balance under $40.00. This delinquency charge shall be paid prior to the application of any payment against the fee or charge initially assessed and nothing herein shall be interpreted to limit the city's collection of its attorneys' fees and other reasonable costs and charges in the event it is forced to seek judicial remedy for collection. Nothing herein shall be interpreted to limit the city's ability to enforce a sewerage lien on properties for delinquent and unpaid sewerage utility bills, as authorized by RCW 35.67.200 through 35.67.290, including terminating water service until charges are paid and/or pursuing sewerage lien foreclosure. [Ord. 4000 § 1, 2015; Ord. 3629 § 4, 2007]. Section 7.10.060 Limitation on water use. In the event that a supplier notifies the city of a shortage of water or the director reasonably determines such a shortage to be imminent, the eenu „nity seFv ees dir-eeter- public works director or his/her designee is authorized to implement the water shortage response plan in order to efficiently safeguard the safety and health of the general public or to provide for the public convenience. The use of water in the city, or in any portion thereof, for irrigation, cooling, sprinkling or other uses may be forbidden, restricted, or regulated and such regulations may be made effective as to all customers or as to particular classes of customers. Rationing may be imposed during any shortage of water, either in lieu of or in addition to other measures hereby authorized. A. Upon receiving notification from a water supplier of an impending water emergency, the eemmtmity se dir-eete public works director will notify the mayor and city council within 24 hours or on the next business day that a water emergency will be or has been declared. B. The mayor or public works director will issue a public notification of the declaration of water emergency and imposition of restrictions. C. Restrictions will be in effect immediately upon issuance of the public notification. Restrictions and the amount of surcharge for violations of mandatory restrictions will be posted and published within seven days of declaration at least one time in a daily newspaper of general circulation. Notification will be delivered to television and radio stations to provide public information coverage. D. For emergencies when restrictions may extend beyond 21 days, public hearing before the city council will be scheduled by the ^,.m+ri.nity sefvi es dire ter- public works director within seven days following the declaration of emergency. [Ord. 2774 § 1, 1990]. Section 7.10.061 Water restrictions — Powers of the city. The community services director public works director or his/her designee shall conduct public education efforts regarding the benefits and necessity of conservation by the public, and is authorized to promulgate such rules and regulations as may be necessary to implement water use restriction. The regulations will be on file with the city clerk, and the regulations and any amendment thereto shall be effective 30 days after said filing with the city clerk. The ee ff riiunityser-vieesdire ter- public works director or his/her designee is further authorized to make exceptions to such restrictions in specific cases as he/she finds reasonable which may in the director's discretion include, but are not limited to, watering newly seeded or sodded lawns, food sources, landscape ornamental plantings required by the architectural design board, when necessary to alleviate unnecessary economic hardship to commercial or industrial activities, or to prevent possible damage to health, safety or welfare. [Ord. 2774 § 2, 1990]. Packet Pg. 235 7.4.a Section 7.10.062 Water restrictions — Surcharge. It is unlawful for any person to violate water use and restrictions and violation of these provisions shall be a misdemeanor punishable under the general penalty provisions of this code. In addition to other lawful remedies, the eammunity sen,iees dir-eete f public works director or his/her designee is authorized to impose a surcharge for the first occurrence after a documented warning notice and each subsequent violation in which a customer's water usage practices exceed water conservation restrictions as provided for in this chapter. Said surcharge will be added to and become a part of the water bill for the customer in addition to any service rate amounts as set forth in Chapter 7.10 ECC. Prior to the imposition of the first surcharge, a public works division representative shall deliver in person or post a notice at the service address advising of the customer's water usage practices in excess of mandatory water shortage restrictions and advising that a surcharge may be imposed for any further violations. A copy of the violation notice shall also be mailed to the owner and/or occupant. The e w..nunity son.ioes dire for public works director shall promulgate regulations providing for appeal of any notice of violation. Appeals must be received within five working days of delivery of notice of violation. A. Surcharges for violations of water restrictions in effect for the balance of 1990 and until thereafter adjusted shall be: $25.00 for first violation; $50.00 for each violation thereafter. B. Surcharges for all customer classes will be reviewed annually based on actual or projected expenses of the water division necessary to maintain a water supply during an emergency. [Ord. 2774 § 3, 1990]. Section 7.10.063 Enforcement. A. The ublic works director, or his/her designee, including any employee of the city of Edmonds public works division, or field personnel of the community services department, or police officer of the city, shall have the authority to enforce the provisions of this chapter. B. In addition to the surcharges provided in ECC 7.10.062, the lees difeetefpublic works director or his/her designee is authorized to install a water restricting device on the waterline or lines serving any person who commits a second or subsequent violation of any of the provisions of this chapter. Alternatively, after such notice of a violation as may reasonably be given based on the circumstances, the community services directorpublic works director or his/her designee may cause water service to be terminated for subsequent or continuing violation of water conservation restrictions. [Ord. 2774 § 4, 1990; Ord. 2214 § 3, 1981; Ord. 1942 § 3, 1977; Ord. 547, 1943; Ord. 413 § 21A, 1929]. Section 7.10.065 Suspension of service — Failure to comply with sewer connection notice. A. There exists within the city of Edmonds certain earth subsidence and landslide hazard areas, and other environmentally sensitive areas in which the discharge of sanitary waste from private septic tanks constitutes a hazard to the public health, safety and welfare of the city. Such areas may be designated by the city council or by order of the public works director. The Meadowdale landslide hazard area, as defined and described in documents on file with the city of Edmonds and available for inspection at the request of any individual, is hereby declared to be such an area. Failure of any owner or owners of residential or commercial structures located within such a designated area to connect with available sanitary sewers following notice given in accordance with RCW 35.67.190 is hereby declared to be a public hazard and nuisance. B. When any owner or owners of property have failed to connect within the period established by written notification, the eewA .tmio. sen4ees a-i-e-ofDublic works director or his designee shall cause a notification of shut-off of water service to be delivered to the owners of such properties by registered mail. The notice shall specify that water service shall be terminated by the city within 10 days of the date of notice unless: Packet Pg. 236 7.4.a 1. The owner or owners shall cause the property to be connected to the public sewer within such period; or 2. The owner or owners shall apply for a building permit within said 10-day period and connect to the sewer line, present a written contract or adequate assurance between the owner and a licensed plumber evidencing an enforceable obligation and intent to connect to such line and provide a bond in an amount sufficient to fulfill the terms of such agreement in the event that the owner defaults thereon. C. In the event the owner fails to connect to the sewer line within the 10-day period or to provide the adequate assurances required by subsection (B)(2) of this section, water service to such residential or commercial structures and to the property on which they are located shall be discontinued. Service shall not again be instituted until such time as the owner has connected to the sewer system, paid the actual costs of the city including, but not limited to, disconnecting, reconnecting, notifying the owner and otherwise taking action with respect to the requirements of this section. The actual cost thereof may vary, but the city council hereby establishes such reconnection fee to be $250.00; provided, however, that in the event the actual costs are greater, they may be imposed by written order of the ^,,...w unit , servi es dir-eetor public works director or his designee and the reconnection shall not be completed until such time such assessed costs are paid. In the event that the owner or owners believe that the reconnection charges are in excess of the amount actually incurred or which reasonably may be incurred the city, the owner or owners may appeal the set fee or additionally designated fee to the hearing examiner in the same manner as if it were a Type II decision (see Chapter 20.01 ECDC). [Ord. 3736 § 6, 2009; Ord. 2676 § 1, 1988]. Section 7.20.050 Adoption of state regulations. The public works director or his/her designee is hereby authorized to develop rules and regulations based upon and including the requirements of the rules and regulations of the State Board of Health regarding public water supplies and the protection of such supplies from contamination entitled "Cross -Connection Control Regulations in Washington State," the provisions of WAC 246-290-490, and the American Waterworks Association, Pacific Northwest Second Edition of "Accepted Procedure and Practice in Cross -Connection Manual." The provisions of the Washington Administrative Code, the rules and regulations of the Department of Health set forth in the Cross -Connection Control Regulations in Washington State and the previously referenced Accepted Procedure and Practice in Cross -Connection Manual are hereby adopted by this reference as fully as if herein set forth in full. Any additional rules and procedures necessary to implement such regulations shall be developed by the community services director public works director or his/her designee as appropriate. Such rules and regulations shall be kept on file along with copies of the above referenced regulations and manuals in the office of the city engineer of the city of Edmonds. [Ord. 2956 § 1, 1993; Ord. 1711 § 1, 1974]. Chapter 7.30 WATER RATES AND SEWER CHARGES Sections: 7.30.010 Definitions. 7.30.020 Separate single-family residence meters. 7.30.030 Water rates — Meter installation charges. 7.30.035 Water and sewer utility general facilities charges. 7.30.036 Sewer special connection districts. 7.30.040 Utility charges — Sanitary sewer. 7.30.045 Special connection charge. 7.30.050 Unauthorized use of water. 7.30.060 Severability. 7.30.070 Water, sewer and stormwater rate reductions for low income citizen residents. 7.30.080 Reserved. Packet Pg. 237 7.4.a 7.30.090 Penalties. Section 7.30.070 Water, sewer and stormwater rate reductions for low income citizen residents. A. Definitions. For the purposes of implementing water, sewer and stormwater rate reductions under the provisions of this section, the following words or phrases shall have the following definitions: 1. "Low income eitizen resident" shall mean a person who has established Edmonds as their residence and whose total disposable income including that of his or her spouse or cotenant does not exceed the amount specified in RCW 84.36.381(5)(b) as the same exists or is hereafter amended. 2. The definition of terms such as "residence," "total disposable income," "combined disposable income," and other such terms used in this section shall be given those meanings established by RCW 84.36.383 as the same exists or is hereafter amended. In the event that any provision of the Revised Code of Washington incorporated by reference or implication in this definitional section shall be amended, such amendment shall be deemed to be incorporated within or utilized in interpretation of this section. B. Low income ei3 residents shall be given reductions in the water, sewer and stormwater rates as those rates are established from time to time by the city council: 1. A rate reduction of 30 percent shall be afforded those low income eitizen residents who meet the qualifying income and asset levels established by RCW 84.36.381(5)(b)(i) as the same exists or shall hereafter be amended. 2. A 50 percent rate reduction shall be afforded those low income citizens qualifying under the provisions of RCW 84.36.381 (5)(b)(ii). 3. No rate reduction shall be afforded to any person shown as a dependent on the income tax return of any other individual, whether or not such person resides at the location for which the rate reduction is sought, unless the total combined disposable income of the applicant, along with their spouse, cotenant and all family members shown on the income tax return in which the applicant is shown as a dependent, meets the standards established by this section. C. The administrative services director is authorized to establish an application for low income eitize residents rate reduction applications. The application shall be provided without cost by the utility billing division of the city and shall include such information as may reasonably be required by the administrative services director to verify eligibility. [Ord. 3629 § 9, 2007; Ord. 2807 § 1, 1990; Ord. 2805 § 2, 1990; Ord. 2777 § 1, 1990]. Section 7.60.030 Utility assistance fund. A. Purpose. The city council establishes the utility assistance fund in order to accept, hold and dispense funds contributed either from the city's general fund, from charitable and civic organizations or from individual rate -payers who have made donations for the assistance of a category of citizen residents known under Article 8, Section 7 of the Washington State Constitution as the "poor and infirm" and under other provisions of other state statutes and local ordinance as the low-income, elderly and disabled. B. Disbursement. Such monies as are contributed shall be held and disbursed to persons qualifying for the assistance programs established by ECC 7.30.070 and the provisions of state law incorporated in that section. Disbursements may be made, to the extent of monies held within the fund, for utility charges, connection fees, and other exactments levied by the utilities which, taken as whole, constitute the combined utility. The monies may be expended for purposes which generally benefit the public health, safety and welfare or are designated by the donor of the fund. Packet Pg. 238 7.4.a C. The administrative services director or his/her designee is hereby authorized to adopt forms and procedures for the acceptance of contributions to the fund and for the disbursement of monies from the fund. [Ord. 3393 § 1, 2002] Section 7.80.030 Services to be provided. Each waste collector that services the city of Edmonds shall be responsible for making the following recycling services available to their operation areas within the city: A. Collection of the following materials from the curb when properly set out on the designated collection day for collection by the designated hauler: 1. Old newspaper; 2. Mixed waste paper, including old corrugated containers (cardboard); 3. Aluminum food and beverage containers; 4. Tin-plated steel food and beverage containers; 5. Glass food and beverage containers; 6. PETE #1 (polyethylene terephthalate) plastic. Other recyclable materials, such as plastic or waste oil, may be collected on a continuing basis, at the option of the city when reasonable costs for including specified additional materials are allocated to residents receiving the added service. B. Collection shall be biweekly from each nonmultifamily residence, preferably on the same day as trash collection, unless the hauler can demonstrate to the city that an alternative collection schedule can result in the same or higher levels of participation and recovery. C. Processing and marketing of all materials collected shall be provided, such that no more than 10 percent by weight of the collected material may be landfilled, unless the county and the WUTC, in recognition of special circumstances, accept such material. D. A recycling container to hold the materials designated for collection shall be made available to each nonmultifamily residence. Other customer classes will work with the haulers to identify container options. Options should be made available to customers to provide their own containers with a commensurate reduction in rates. E. Collection of yard waste from nonmultifamily, when fully phased in, shall be made available at least biweekly from the months of March through November, unless the hauler can demonstrate to the city that an alternative collection schedule can result in the same or higher levels of participation and recovery. F. Promotional strategies shall be employed by the haulers to reasonably and regularly inform and notify each eligible residence of the availability of recyclables collection service and of appropriate actions and schedules for preparing material for set out. G. The city shall undertake a public education and awareness program utilizing funds from the Snohomish County recycling grant. The city shall where possible reinforce the efforts of private even residents and groups to promote public awareness and environmental consciousness. H. The hauler shall develop a total rate structure for garbage and recycling which provides economic incentives for customers to recycle and reduce total waste in accordance with state and county goals. Nonmultifamily customers shall be charged a single inclusive rate for garbage and recyclables and a separate rate for the collection of yard waste. Multifamily customers shall be charged the single, all inclusive rate for garbage and recycling service. Packet Pg. 239 7.4.a Provisions shall be made by the haulers to give credit to customers who can demonstrate that they do not produce any recyclables. I. The city shall adopt administrative policies and procedures which maximize its own recycling of paper and other potentially recyclable items. Also, where practicable, the city shall attempt to utilize recyclable paper and other recyclable commodities so as to provide markets for collected recyclables. J. The haulers shall take measures to reduce all possible costs to Edmonds customers of the collection of recyclables and yard waste. This shall include, but not be limited to, provisions of small trash containers and a commensurate reduced rate, provision of alternatives to providing a toter for yard waste (such as allowing customers to use their own containers), credits for composting. [Ord. 2949 § 1, 1993; Ord. 2901 § 1, 1992]. 7.80.050 Reporting of proposed rates. Prior to seeking rate adjustments from the WUTC, the haulers shall provide the Edmonds city council, through the eamffmnity ser-vi es dir-eetef public works director, a complete report on the proposed rates and any supporting documentation which the director might require. Section 7.200.010 Purpose and intent. The purposes of this chapter are: A. To provide for the health, safety, and general welfare of the eitizen residents of the city of Edmonds, Washington, through the regulation of nonstormwater discharges to the city's municipal separate storm sewer system (MS4), as well as to all groundwaters and waterbodies, to the maximum extent practicable as required by federal and state law. B. To establish methods for controlling the introduction of pollutants into the city's MS4 in order to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. Specifically: 1. To regulate the contribution of pollutants to the MS4 by stormwater discharges from any user. 2. To prohibit illicit connections and illegal discharges to the MS4, as well as to all groundwaters and waterbodies. 3. To define the city's legal authority to carry out all inspection, surveillance and monitoring necessary to effectuate said purposes. C. To protect and enhance water quality and aquatic wildlife and its habitat by preventing harmful discharges to local waterbodies. [Ord. 3751 § 2 (Exh. A), 2009; Ord. 3483 § 1, 2003]. Section 8.08.060 Ground for denial — Limited. No permit shall be denied by the chief of police except upon the following grounds: A. The desired parade route conflicts with another parade for which a permit has already been issued; or B. The proposed route would unreasonably prevent or block the provision of emergency services within the city of Edmonds or would unduly disturb the convenience of the public in the use of the public streets and sidewalks. In the event that a permit is denied for the reasons shown in subsections A or B of this section, the chief of police shall work with the applicant in order to find an unencumbered time or date suitable to the applicant and shall suggest alternate routes which would not unduly prevent or block the provision of services. The requirement of a Packet Pg. 240 7.4.a parade permit shall not be used or administered to prevent the exercise of free speech by any individual or group of individuals so long as the parade route requested is reasonable as to its time, place and manner. It is the policy of the city of Edmonds to permit, encourage and promote the lawful exercise of free speech by all of its e-ilizeresidents regardless of the content thereof. [Ord. 2478, 1985]. Section 8.48.610 Contract for towing and storage. A. The Tina ee dire for administrative services director is authorized to prepare specifications for towing and storage of vehicles, including instructions to bidders, containing such provisions as the director shall deem advisable and not in conflict with this chapter. The specifications shall be subject to the review and approval of the budget director and the approval of the city council by resolution passed for such purpose. B. In lieu of the individual bidding process authorized under subsection (A) of this section, the city may, at its discretion, establish a rotational list of contractors to provide towing services. Said alternative process may proceed either according to contract specifications developed by the director or pursuant to an existing bidding and contractual arrangement utilized by another municipality with which the city has entered into an interlocal agreement providing for the reciprocal use of each jurisdiction's bids for services. [Ord. 3564 § 1, 2005]. 8.48.611 Contract for towing and storage — Financial responsibility. Any contract for towing and storage under the provisions of this chapter shall require the contractor to demonstrate proof of financial responsibility for any liability which the city may have as a result of any negligence, willful conduct, or breach of contract by the contractor, and for any damage which the owner of an impounded vehicle may sustain as a result of damage to or loss of the vehicle. Proof of financial responsibility shall be furnished either by proof of insurance, filing a surety bond and/or by depositing cash in such amounts as the Tina ee dir-eeter- administrative services director shall determine necessary. [Ord. 3564 § 1, 2005]. Section 9.20.030 Notice of work to be done — Assessment procedures. A. Resolution of Intent. Whenever the city council of the city wishes to devolve the duty and/or burden and/or expense of constructing, reconstructing, or repairing a sidewalk, the city attorney, along with the city engineer, shall prepare a resolution of such intent. The resolution shall include a preliminary assessment roll identifying the abutting property owners who may be asked to complete and/or be assessed for the cost of said construction, reconstruction, or repairs. The resolution shall state whether the abutting property owner is to bear the cost of all or a specific portion of this work. The resolution shall also specify if the owners have the option to complete the work and the amount of time that the property owners shall have to make the repairs themselves if they chose to do so. The resolution shall also set forth a specific time and date for a public hearing on the resolution. B. Publication and Mailing of Resolution (Final). The city clerk shall publish the resolution for two consecutive weeks and mail copies of the resolution, preliminary assessment roll, and hearing notices to all abutting property owners affected by the resolution at least 10 days in advance of the hearing. The city clerk shall generate an affidavit specifying the city clerk's compliance with the afore -referenced publication of the resolution and mailing of hearing notices, assessment roll, and resolution to abutting owners. C. Public Hearing. At the scheduled public hearing, the city council should weigh the resolution in light of citizen resident comments and consider any appropriate changes in the resolution. Property owners may assert as a defense on limitation an assessment the defenses and/or limitations set forth in ECC 9.20.030(A) and (B) and shall have the burden of establishing such defense and/or limitation by substantial and competent evidence. Any changes to the resolution must be effected by passage of a motion. Packet Pg. 241 7.4.a D. Construction, Reconstruction, Repair of Sidewalks by Abutting Property Owners. If as a result of the hearing, the city council determines to proceed with the improvement(s), the affected abutting property owners shall be notified that they will have up to the time specified in the resolution to complete the repairs. Such notice shall state that in case such owner shall fail to make said construction and/or reconstruction and/or repair within such time, the city will proceed to make the same through its comna ,nity seiwiees air-eete public works director, and that said comniHnioy se fviees air-eet ... public works director will report to the city council, at a subsequent date to be definitely stated in said notice, and that an amended assessment roll showing the lot or parcel of land directly abutting on such portion of such street so improved by the director, the cost of such improvement, and the name of the owner, if known, and that said city council of the city at the time stated in said notice or at the time or times to which the same may be adjourned shall meet to hear any and all protests against the proposed assessment. E. Second Survey and Report to City Council. Upon the expiration of the time fixed within which the owner is required to construct, to reconstruct, or repair such sidewalk, the city engineer shall determine which property owners have made the necessary repairs, and shall remove their names from the preliminary assessment roll. If the owner has failed to perform such work, the city may proceed to perform such work, and the dir-eete public works director of the city performing such work shall, within the time fixed in this notice, report to the said city council an assessment roll showing the lot or parcel of land directly abutting such portion of such street so improved, the cost of such work, and the name of the owner, if known. F. Creation of Sidewalk Construction Fund. The city attorney, along with the city engineer, may prepare an ordinance creating a sidewalk construction fund to complete the construction, reconstruction, or repairs not undertaken by the abutting property owners pursuant to the resolution. The ordinance shall include the amended preliminary assessment roll as an attachment. G. Construction. Reconstruction or Repair of Remaining Sidewalks. The city engineer will then call for bids to make repairs to the remaining sidewalks. The city council shall award a contract for the remainder of the repairs and upon completion of the repairs the city engineer shall prepare the final assessment roll and submit the same to the city council. H. Assessments Imposed. The city council of the city shall pass a resolution fixing a date for hearing upon the final assessment roll. The resolution shall assess the cost of such improvement against each abutting property owner and shall fix the time and manner for payment thereof, which said assessment shall become a lien upon said property, and shall be collected in the manner as is provided by law for collection of special assessments under Chapters 35.68, 35.69, and 35.70 RCW. The city clerk shall publish the resolution for two consecutive weeks and mail copies of the resolution, preliminary assessment roll, and hearing notices to all abutting property owners affected by the resolution at least 10 days in advance of the hearing. The city clerk shall generate an affidavit specifying the city clerk's compliance with the afore -referenced publication of the resolution and mailing of hearing notices, assessment roll and resolution to abutting owners. The city council shall either affirm, modify or reject the final assessment roll after said public hearing. [Ord. 3101 § 1, 1996]. Section 9.20.090 Enforcement responsibility. The city ,iees air^^'^r public works director shall be charged with the enforcement of this chapter. [Ord. 3101 § 1, 1946]. Packet Pg. 242 7.4.a Section 10.16.060 Funds for improvement and maintenance of the cemetery. A. There are hereby created two special funds of the city to be known as the cemetery improvement fund and the cemetery maintenance trust fund. Pursuant to RCW 68.52.040, the city council shall, each year as a part of the budget process, allocate revenue from lot sales, burial fees, and all bequests, gifts and donations received with respect to the cemetery on a percentage basis to said funds. 1. The cemetery improvement fund was established to provide for the day-to-day operations of the cemetery, including special events. Expenditures of this fund may be made both from principal and income and the entire amount of such fund may be expended in any year when such expenditures are within the annual budget approved by the city council. 2. The cemetery maintenance trust fund shall be held in trust for future expenditure solely for the purpose of maintaining the cemetery and any capital improvements or facilities located therein in the foreseeable future. Expenditures from this fund shall be limited to the income earned by said funds along with any additional funds appropriated to this fund by the council or donated by any party for the purpose of annual maintenance. To the extent permitted by law, the city council hereby impresses the current fund balance of this fund, as well as any private donations made in trust in favor of the estate of any person buried therein by the descendants of such persons, the Hubbard Family Foundation and any other persons or entities donating funds to the cemetery maintenance trust fund for the sole purpose of maintenance of the cemetery and its capital improvements. 3. The city council shall consider the number of unsold lots, the future market value of unsold lots, and the probable earnings of the trust fund when fully funded by the sale of all lots when allocating revenue. The goal Packet Pg. 243 7.4.a shall be to actuarially fund the cemetery and maintenance fund with sufficient monies so that it may become and remain a self-sufficient source of funding for all recurring maintenance of the cemetery. B. Any monies in said funds, surplus and available for investment, shall be managed in accordance with RCW 68.52.060. This section shall be considered approval of investments in accordance with RCW 68.52.065 subject to the annual review of the city council in the budget process. All investments shall be reviewed and approved by the finanee diFe administrative services director. C. Monies shall be paid out of said funds only upon warrants drawn by the city and approved in the manner set forth in Chapter 2.25 ECC. All warrants shall be endorsed by the mayor and attested by the city fina ee dir-eeter administrative services director. In no event shall any monies be expended from the cemetery maintenance trust fund in excess of the annual income earned nor shall any money be diverted from such trust fund to any purpose other than provided in this chapter. To the extent permitted by law, the council hereby prohibits itself and future councils from diverting funds for the cemetery maintenance trust fund, while reserving its right to budget monies to or approve expenditures from the cemetery maintenance trust funding future budget years as it, in its sole discretion, shall deem appropriate in order to actuarially provide for the establishment of a fund which will generate sufficient income to meet the future foreseeable maintenance needs of the cemetery. Expenditures of monies from the cemetery improvement fund and the cemetery maintenance trust fund shall be provided for in the annual budget by the council subject to the recommendation of the cemetery board. [Ord. 3987 § 1, 2015; Ord. 3797 § 1, 2010; Ord. 2827 § 3, 1991; Ord. 2596, § 1, 1986. Formerly 10.16.050]. Section 10.20.040 Powers and duties. The commission is empowered to advise and make recommendations to the mayor, city council or other commission or board of the city on matters including but not limited to those set forth hereinafter. The activities of the commission shall include the following: A. To represent the city's interest in art matters and the interest of the arts in city matters and to keep the mayor and city council informed on all such related matters; B. To be a central body to whom art organizations, artists and anyone interested in cultural advancement of the community may come for information or assistance; C. To encourage and aid programs for cultural enrichment of Edmonds eitizen residents; D. To coordinate and strengthen existing cultural organizations and to develop cooperation with schools and regional and national art organizations; E. To explore ways and implement methods of obtaining financial support through development of private, local, state and federal funds and establishing public/private partnerships to promote cultural projects within the community; F. To review and make recommendations on all art acquisitions, on facilities used for cultural events and other capital expenditures for cultural projects in the city; G. To review proposed arts -related projects or events to recommend to the city those which may provide benefit to the community; H. To explore and promote arts -related projects, events and businesses which may provide an economic benefit to the city or which beautify and enhance the image of the city; I. To engage in long range cultural planning and implementation as well as review city plans for the purpose of integration of arts elements into city planning including education, public finance, community services, etc.; J. To establish liaisons and set up mechanisms for communication with city boards and commission and other organizations as appropriate; Packet Pg. 244 7.4.a K. To recognize the contributions made by individuals and organizations to the cultural life of the city; L. To provide periodic reports to the mayor and council on the progress of the work plan and prepare and submit an annual report; M. To render any other advice and assistant in cultural matters, aesthetics, and beautification; and N. To render any other advice and assistance to the city in any other artistic activities as may be referred to by the city. [Ord. 3025 § 1, 1995]. Section 10.60.010 Created. There is hereby created within the city of Edmonds the Edmonds sister city commission, which shall be composed of not less than nine nor more than 12 interested individuals who will promote relationships with sister cities approved by the Edmonds city council. Commission members shall be appointed by the mayor with the confirmation of the city council from a list of candidates proposed by interested citizen residents participating in the commission's activities as well as names submitted by interested citizen residents. Except for the initial commission, the term of office of each member shall be for three years. At the date of initial appointment, the mayor shall provide in his or her appointment for staggered terms in order that no less than two nor more than four members shall be appointed in each year. The commission shall elect a chairman and provide through its own rules for such additional officers as it deems appropriate. The commission shall also provide for various subcommittees chaired by members of the commission and comprised of interested citizen residents throughout the community, governmental bodies and educational institutions who are interested in various aspects of the commission's purposes. Section 10.60.020 Meeting. The Edmonds sister city commission shall meet on the fourth Monday of each month at 7:00 p.m. at such locations as it shall establish throughout the city of Edmonds. The subcommittees of the commission are not city committees and shall not transact public business, and their meetings shall not be considered public meetings for the purposes of the Open Meeting and Record Act. Such subcommittees shall make recommendations only to the sister city commission. This statement of purpose is not intended to avoid any requirement of state law but rather to recognize that such subcommittees and their membership may shift from time to time, and are groups of interested citizen residents working together to promote the activities of the commission, subject to its approval. Section 10.60.030 Formal commission structure. Only those commission members appointed by the mayor and confirmed by the city council shall be covered by the city's indemnification ordinance. One purpose of the commission will be to promote its activities through broad eitizen resident participation; provided, however, that subcommittee members and other eitizea residents participating in the commission functions shall not be covered by the city's indemnification ordinance nor the city's liability insurance coverage. Official activities of the sister city commission shall comply with established city ordinance procedures and accounting procedures. Section 10.90.020 Composition of the commission. A. All members of the commission must have a demonstrated interest or competence in historic preservation and possess qualities of impartiality and broad judgment. B. The commission shall consist of seven voting members and one nonvoting, ex officio position to be filled by Edmonds city council members; provided, that if the commission has more than seven voting members at the time this code is adopted, all members shall remain full voting members until the size of the commission can be reduced to seven through term expiration or other occurrence of vacancy. The commission shall include at least two Packet Pg. 245 7.4.a professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of history, architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology, cultural geography, American studies, law, and/or real estate. Four positions shall be filled by eifizen residents of Edmonds with demonstrated interest in historic preservation. One position shall be filled as recommended by the Edmonds South Snohomish County Historical Society. A commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions, unless the commission action is related to meeting certified local government (CLG) responsibilities cited in the certification agreement between the mayor and the historic preservation officer. Furthermore, in special circumstances, exceptions to the residence requirement of commission members may be granted by the mayor and the city council in order to obtain representatives from those disciplines. [Ord. 4274 § 1 (Exh. A), 2022; Ord. 3870 § 2, 2012; Ord. 3813 § 1, 2010; Ord. 3669 § 2, 2007; Ord. 3526 § 1, 2004; Ord. 3392 § 1, 20021. Section 10.95.010 Board created — Membership. A. There is hereby created a citizens' tree board consisting of seven members plus one alternate and one nonvoting, ex officio position to be filled by an Edmonds city council member. Board members must be Edmonds residents. It is recommended the board include even residents from throughout the city (representing different watersheds and neighborhoods). Additionally, those with professional or hobbyist interest/experience in urban forestry, horticulture, and habitat enviroscaping are preferred; these may include arborists, botanists, horticulturists, native plant experts, master gardeners, wildlife experts, and related. B. Each councilmember shall appoint one tree board member to a term the duration of which shall coincide with the term of the appointing councilmember. Each of the seven tree board positions, numbers one through seven, will be appointed by the councilmember holding the respective position number, one through seven. The alternate member shall be appointed by the council president to a term the duration of which shall coincide with the term of the council president. All appointments must be confirmed by a majority of the full city council. Newly elected councilmembers may reappoint an existing tree board member or alternate member or may appoint a new member in the sole discretion of the individual councilmember. Where a councilmember is appointed to fill a vacant council seat, that councilmember may only appoint a person to the tree board if the tree board position associated with that council position becomes vacant. C. There shall be no term limits. Should a vacancy occur on the tree board, a new member shall be appointed by the council position that previously appointed the vacant position on the tree board for the remainder of the councilmember's term. [Ord. 4067 § 1 (Att. A), 2017; Ord. 3875 § 1, 2012; Ord. 3807 § 1, 2010]. Section 10.95.030 Powers and duties. A. The board is empowered to: advise and make recommendations to the mayor and city council and, as appropriate, to the planning board and other boards or commissions of the city on such matters including but not limited to: 1. An urban forest management program and/or ordinances to help preserve and protect existing trees, encourage planting of additional trees, safeguard trees on parcels where construction or renovation is occurring or planned to occur, and encouraging the Edmonds citizenry to become active stewards of the urban forest. 2. Increasing community outreach and education regarding the value of trees, proper selection of trees, and correct methods for planting of and caring for trees. 3. Working with civic, religious, and citizen resident groups on specific projects or to organize invasive plant removal and native vegetation planting in accord with the department of parks, recreation and cultural services. 4. Facilitating relevant grant applications supporting ecology and watershed protection projects. 5. Sponsoring an annual Arbor Day event. 6. Working towards achieving and maintaining a Tree City USA® status. Packet Pg. 246 7.4.a B. The board shall provide an annual report to the city council within the first quarter of each year. [Ord. 4067 § 1 (Att. A), 2017; Ord. 4034 § 2, 2016; Ord. 3807 § 1, 2010]. Chapter 15.00 PREFACE AND FEES Sections: 15.00.000 Title. 15.00.010 Purpose. 15.00.020 Application fees. 15.00.030 Repealed. 15.00.040 Duties of officials. 15.00.050 References. 15.00.060 Regulated actions. 15.00.070 Severability. 15.00.000 Title. ECC Titles 15 through 21 may be referred to as the community development code. 15.00.010 Purpose. The purpose of the community development code is to assemble in one document, as far as is possible, all the various land use policies and regulations of the city of Edmonds. 15.00.020 Application fees. A. This section shall apply to any and all fees charged by the city planning division, public works department, building division and for park dedication, parking, and variance from undergrounding. Fees [hyperlink to 2023 Fees Associated with Development] ue f ^" .,,^.. � are -established from time to ti by resolution of the city council. B. All application fees set according to this section shall be paid before the permit coordinator may accept any application. Application fees are for city processing services, and are not refundable because an application is denied or modified. The city council may adopt rules providing for the partial refund of application fees for withdrawn applications in relation to the number of hours spent by the city staff in reviewing the application. [Ord. 3108 § 1, 1996; Ord. 3023 § 1, 1995; Ord. 2952 § 1, 1993; Ord. 2927 § 1, 1993; Ord. 2882 § 1, 1992; Ord. 2842, 1991; Ord. 2655 § 1, 1988; Ord. 2604 § 1, 1987; Ord. 2549 § 1, 1986; Ord. 2302 §§ 1, 2, 1982; Ord. 2273 § 1, 1982; Ord. 2191 §§ 3, 4, 1981; Ord. 2190 § 1, 1981]. 15.00.030 Other fees. Repealed by Ord. 3108. [Ord. 2498, 1985; Ord. 2252 § 2, 1981; Ord. 2190 § 2, 1981]. 15.00.040 Duties of officials. A Community Development Director -Planning and development director. The community development director -planning and development director shall administer and enforce the provisions of ECDC Titles 15, 16, 17, 20 and 21, except for those provisions to be enforced by the building official. B. Building Official. The building official shall enforce and administer the provisions of ECDC Title 19, except for Chapter 19.75 which shall be enforced and administered by the fire chief, and the provisions of ECDC Titles 15, 16, 17 and 21 which relate to the construction of structures. C. Public Works Director. The public works director shall administer and enforce the provisions of ECDC Title 18, and any other provision specifically calling for action by the public works director. Packet Pg. 247 7.4.a D. Permit Coordinator. The permit coordinator shall receive applications for all permits required by this code. The permit coordinator shall issue all permits authorized by this code, but only after determining that all procedural requirements of this code have been met. Whenever this code refers to the issuance of a permit, or the granting of an approval, the permit coordinator shall ensure that written evidence of the permit or approval is given to the applicant, and that a copy is retained in the city files. However, when one project requires more than one permit, to the extent practically possible, the permit coordinator shall issue one document consolidating all of the approved permits. 15.00.050 References. A. Code Sections. Whenever a code section is referred to in this code, such as ECDC 18.75.030, the reference is to a section of this code unless otherwise specified. B. Officials. Whenever an official is referred to in this code such as the building official, the reference is to an official of the city of Edmonds or a designated staff member unless otherwise specified. C. Departments. Whenever a department or division is referred to in this code, such as the Fire Department, the reference is to the department or division of the city of Edmonds unless otherwise specified. D. Adoption by Reference. Whenever a document is proposed to be adopted into this code by reference, the document th fe eepies shall be filed before the adoption with the city clerk for public use and examination, and retained permanently after adoption. Compliance with this requirement, and any other requirement of state law may be stated in the adopting ordinance, but need not be repeated in this code. Any document adopted by reference shall have the same effect as if the document were set forth in full in this code. 15.00.060 Regulated actions. Whenever this code applies to a specific act or type of action, the same provisions apply to all later changes, unless the code specifically provides otherwise. For example, a permit is required to connect to city sewers. This requirement also applies to any changes, repair or replacement of sewer connection. 15.00.070 Severability. It is expressly declared that each section, subsection, paragraph, sentence, clause, phrase and word of this community development code would have been prepared, proposed, adopted, approved, and ratified irrespective of any declaration of invalidity or unconstitutionality of any part of this code. Therefore, should any part of this code be declared invalid or unconstitutional for any reason, this declaration shall not affect the validity or constitutionality of the remaining parts of this code. Section 16.43.020 Uses A. Table 16.43-1. Permitted Uses BD1 BD1 GFSFCommercial BD2 BD3 BD4 BD5 Uses Retail stores or sales A A A A A A Offices A X A A A A Legal/law firms A X A A A A Financial A X A A A A Advising A X A A A A Mortgage A X A A A A Packet Pg. 248 7.4.a Permitted Uses BDI BDI GFSFBanks BD2 BD3 BD4 BD5 (without tellers) A X A A A A Accounting A X A A A A Counseling A X A A A A Architecture A X A A A A Engineering A X A A A A Advertising A X A A A A Insurance A X A A A A Fitness related business (yoga/pilates/gym/fitness club) A X A A A A Service uses A A(2) A A A A Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services X X X X X X Enclosed fabrication or assembly areas associated with and on the same property as an art studio, art gallery, restaurant, microbreweries/distilleries or food service establishment that also provides an on -site retail outlet open to the public A A A A A A Automobile sales and service X X A A X X Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents C X A A A X Printing, publishing and binding establishments C X A A A C Public markets licensed pursuant to provisions in Chapter 4.90 ECC' A A A A A A Outdoor dining meeting the criteria of Chapter 17.75 ECDC. B B B B B B Residential Single-family dwelling A X A A A A Multiple dwelling unit(s) — see ECDC 16.43.030(B) for further location standards A X A A A A Other Uses Bus stop shelters A A A A A A Churches, subject to the requirements of ECDC 17.100.020 A A A A A A Primary and high schools, subject to the requirements of ECDC 17.100.050(G) through(R) A X A A A A Local public facilities, subject to the requirements of ECDC 17.100.050 C C C C A C Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070 A A A A A A Off-street parking and loading areas to serve a permitted use B X B B B B Commuter parking lots in conjunction with a facility otherwise permitted in this zone B X B B B X Q Packet Pg. 249 7.4.a Permitted Uses BD1 BDI GFSFCommercial BD2 BD3 BD4 BD5 parking lots C X C C C X Wholesale uses X X X C X X Hotels and motels A A A A A A Amusement establishments C C C C C C Auction businesses, excluding vehicle or livestock auctions C X C C C C Drive-in/through businesses (businesses with drive through facilities) X X C A C X Laboratories X X C C C X Fabrication of light industrial products not otherwise listed as a permitted use X X X C X X Day-care centers C X C C A C Hospitals, health clinics, convalescent homes, rest homes, sanitariums X X C C A X Medical uses, e.g., A X A A A A Physicians A X A A A A Dental A X A A A A Optometrist (without retail) A X A A A A Physical therapy (without retail) A X A A A A Counseling A X A A A A Other similar medical services A X A A A A Museums and art galleries of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 A A A A A A Zoos and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 C X C C C A Counseling centers and residential treatment facilities for current alcoholics and drug abusers X X C C A X Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070 C C C C C C Outdoor storage, incidental to a permitted use D X D D D D Aircraft landings as regulated by Chapter 4.80 ECC X X D D D D A = Permitted primary use B = Permitted secondary use C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit X = Not permitted NOTES: Packet Pg. 250 7.4.a (1) BD1 Zone GFSF = Ground Floor Designated Street Frontage (first 45 feet measured from public rights-of-way/sidewalk or parks/plazas) as defined under Edmonds Community Development Code Map 16.43-1: Designated Street Front for BD Zones. Buildings set back 15 feet or more from the sidewalk shall not be subject to the BD Zone GFSF requirements. (2) Services — by appointment uses not providing open door retail/dining/entertainment functions as a primary component of the business are not allowed within BD 1 GFSF (first 45 feet). Open door businesses, e.g., real estate offices, banks (with tellers and no drive-throughs), nail and hair salons are allowed. For conditional uses listed in Table 16.43-1, the use may be permitted if the proposal meets the criteria for conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met: 1. Access and Parking. Pedestrian access shall be provided from the sidewalk. Vehicular access shall only be provided consistent with ECDC 18.80.060. When a curb cut is necessary, it shall be landscaped to be compatible with the pedestrian streetscape and shall be located and designed to be as unobtrusive as possible. 2. Design and Landscaping. The project shall be designed so that it is oriented to the street and contributes to the pedestrian streetscape environment. Fences more than four feet in height along street lot lines shall only be permitted if they are at least 50 percent open, such as a lattice pattern. Blank walls shall be discouraged, and when unavoidable due to the nature of the use shall be decorated by a combination of at least two of the following: a. Architectural features or details; b. Artwork; c. Landscaping. B. Exception to the BD GSFS. The owner of a building in the BD zone may apply for an exception from the restrictions on offices and medical uses within the designated street front for leasable space meeting all of the following criteria: 1. The space is less than 500 square feet; 2. The space does not contain direct access to the street or sidewalk; 3. The previous use was a nonconforming use (e.g., not retail); and 4. The space has been vacant for a period of more than six months. [Ord. 4282 § 3 (Exh. B), 2022; Ord. 3955 § 1 (Att. A), 2014; Ord. 3932 § 6, 2013; Ord. 3918 § 1 (Att. 1), 2013; Ord. 3894 § 4, 2012; Ord. 3700 § 1, 2008]. Section 16.45.010 Uses. A. Permitted Primary Uses. 1. Single-family dwellings, as regulated in RS-6 zone; 2. Neighborhood -oriented retail stores, retail service uses, excluding uses such as commercial garages, used car lots, taverns, theaters, auditoriums, undertaking establishments and those uses requiring a conditional use permit as listed below; Packet Pg. 251 7.4.a 3. Offices and outpatient clinics, excluding commercial kennels; 4. Dry cleaning stores and laundromats; 5. Small animal hospitals; 6. Churches, subject to the requirements of ECDC 17.100.020; 7. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 8. Local public facilities designated and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 9. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B. Permitted Secondary Uses. 1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; 3. One dwelling unit per lot, in the story above the street floor, with a minimum lot area of 6,000 square feet; 4. Commuter parking lots that contain less than 10 designated parking spaces in conjunction with any local public facility allowed by this section. Any additionally designated parking spaces that increase the total number of spaces in a commuter parking lot to 10 or more shall subject the entire commuter parking lot to a conditional use permit as specified in subsection (D)(2) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075�- 5. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Drive-in businesses; 3. Businesses open to the public between the hours of 11:00 p.m. and 6:00 a.m.; 4. Convenience stores; 5. Local public facilities not planned, designated, or sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 6. Day-care centers; 7. Hospitals, convalescent homes, rest homes, sanitariums; 8. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033; 9. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 10. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. D. Secondary Uses Requiring a Conditional Use Permit. Packet Pg. 252 7.4.a 1. Outdoor storage, incidental to a permitted or conditional use; 2. Commuter parking lots with 10 or more designated parking spaces in conjunction with a facility meeting the criteria listed under subsection (C)(6) through (10) of this section. [Ord. 3353 § 3, 2001; Ord. 3269 § 1, 1999*; Ord. 3120 § 1, 1996; Ord. 2759 § 1, 1990; Ord. 2660 § 1, 1988; Ord. 2283 § 4, 1982]. *Code reviser's note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor display of merchandise, see Chapter 17.65 ECDC. Section 16.50.010 Uses. A. Permitted Primary Uses. 1. Single-family dwellings, as regulated in RS-6 zone; 2. Retail stores, restaurants, offices and service uses, excluding intense uses, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment sales and services; 3. New automobile sales and service; 4. Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents; 5. Printing, publishing and binding establishments; 6. Bus stop shelters; 7. Community -oriented open air markets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code; 8. Multiple Dwelling Unit(s). This use may not be located on the ground floor of a structure, except as provided in ECDC 16.50.020(B); 9. Churches, subject to the requirements of ECDC 17.100.020; 10. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 11. Local public facilities subject to the requirements of ECDC 17.100.050; 12. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B. Permitted Secondary Uses. 1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; 3. Commuter parking lots in conjunction with a facility meeting the criteria listed under subsections (C)(11) through (14) of this section, except that the facility may also be located along a designated transit route in addition to an arterial or collector street;-. 4. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Wholesale uses; Packet Pg. 253 7.4.a 3. Hotels and motels; 4. Amusement establishments; 5. Auction businesses, excluding vehicle or livestock auctions; 6. Drive-in businesses; 7. Laboratories; 8. Fabrication of light industrial products; 9. Convenience stores; 10. Day-care centers and preschools; 11. Hospitals, convalescent homes, rest homes, and sanitariums; 12. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033; 13. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 14. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. D. Secondary Uses Requiring a Conditional Use Permit. 1. Outdoor storage, incidental to a permitted or conditional use; 2. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3932 § 4, 2013; Ord. 3894 § 2, 2012; Ord. 3627 § 2, 2007; Ord. 3353 § 4, 2001; Ord. 3269 § 2, 1999*; Ord. 3147 § 1, 1997]. *Code reviser's note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor display of merchandise, see Chapter 17.65 ECDC. Section 16.55.010 Uses. A. Permitted Primary Uses. 1. Marine -oriented services; 2. Retail uses which are either marine oriented or pedestrian oriented, excluding drive-in businesses; 3. Petroleum products storage and distribution; 4. Offices, above the ground floor, excluding medical, dental and veterinary clinics; 5. Local public facilities with marine -oriented services or recreation; 6. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070; 7. Hotels. B. Permitted Secondary Uses. Packet Pg. 254 7.4.a 1. Off-street parking and loading in connection with a permitted use; 2. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. C. Secondary Uses Requiring a Conditional Use Permit. 1. Aircraft landings as regulated by Chapter 4.80 ECC; 2. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. [Ord. 4213 § 1 (Att. A), 2021; Ord. 3353 § 6, 2001; Ord. 2366 § 9, 1983; Ord. 2307, 1982; Ord. 2283 § 6, 1982]. Section 16.60.010 Uses. A. Permitted Primary Uses. 1. All permitted or conditional uses in any other zone in this title, except as specifically prohibited by subsection (C) of this section or limited by subsections (B) and (D) of this section 2. Halfway houses 3. Sexually oriented businesses, which shall comply with the location standards set forth in ECDC 16.60.015, the development regulations set forth in Chapter 17.50 ECDC, and the licensing regulations set forth in Chapter 4.52 ECC. B. Permitted Secondary Uses. 1. Off-street parking and loading areas to serve a permitted use. 2. Indoor storage facilities that either comprise less than 40 percent of a permitted primary use of the building in which they are located or are in a separate accessory building or buildings comprising less than 40 percent of the total leasable building space used for the parcel's permitted primary use(s). 3. Outdoor storage areas that are integral to a permitted primary use, such as storage or display areas for automobile sales, building materials or building supply sales, or garden/nursery sales; provided, that such outdoor uses are screened from adjacent residential zoning districts; 4. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. C. Prohibited Uses. 1. Mobile home parks. 2. Storage facilities or outdoor storage areas intended as a primary use, not secondary to a permitted use. Automobile wrecking yards, junk yards, or businesses primarily devoted to storage or mini storage are examples of this type of prohibited use. D. Uses Requiring a Conditional Use Permit. 1. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 4302 § 1 (Att. A), 2023; Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Art. A), 2014; Ord. 3635 § 1, 2007]. Section 16.62.010 Uses. A. Permitted Primary Uses. Packet Pg. 255 7.4.a 1. Medical and health care uses including but not limited to hospitals, outpatient clinics, continuing/long-term care services, hospice services, laboratories, medical research facilities, emergency medical services and offices of doctors, dentists, physical therapists, and all others related to medical and health care uses; 2. Medical staff facilities and similar uses, including but not limited to educational and meeting facilities and staff sleeping quarters; 3. Retail sales and services related to medical uses, including but not limited to pharmacies and convenience stores, gift shops, bookstores, florists, medical and health care equipment sales and restaurants. Only uses directly related to supplying medical services may be permitted to operate drive -through facilities; 4. Residential uses dependent upon or related to medical care, including but not limited to convalescent care facilities, nursing homes, retirement homes, group homes for the disabled and overnight accommodations; 5. Day-care facilities; 6. Counseling centers and alcohol and drug treatment facilities; 7. Transit and other transportation -related facilities; 8. Local public facilities, whether or not planned, designated, and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 9. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 10. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B. Permitted Secondary Uses. 1. Helicopter pads related to medical use, if approved as part of a master plan and adopted as part of the comprehensive plan; 2. Facilities for the permanent storage and/or disposal of biomedical, radioactive and other hazardous waste shall not be permitted; provided, however, that facilities for the treatment or temporary storage of biomedical, radioactive and other hazardous waste generated within the medical use zone, or by local publicly operated medical facilities related to the hospital, shall be permitted; 3. Outdoor dining meeting the criteria of Chapter 17.75 ECDC- C. Secondary Uses Requiring a Conditional Use Permit. 1. Helicopter pads related to medical use. If the location of a helipad is not included as part of an approved master plan, then a conditional use permit shall be required. In addition to the conditional use permit review criteria, the development and use of a helipad shall be subject to the following conditions: a. The helipad shall be limited to emergency medical uses only; b. Noise from the helipad must be minimized using buffering combined with other operational and site design techniques to minimize the noise impact on surrounding uses; c. The helipad shall be sited no closer than 75 feet to any right-of-way or property boundary; d. The hospital district shall take reasonable measures to ensure safety around the helipad, when in use, and shall comply with all applicable FAA standards and regulations; e. The helipad should be located in the southern portion of the site in order to mitigate potential noise impacts of the residential areas to the north; Packet Pg. 256 7.4.a 2. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. [Ord. 3453 § 3, 2003; Ord. 3353 § 7, 2001; Ord. 3118 § 1, 1996]. Section 16.100.030 Uses. A. Table 16.100.030-1. Permitted Uses District 1 Commercial District 2 Multifamily Residential Uses Single-family dwelling X X Multiple dwelling unit(s) X A Housing for low-income elderly and senior housing X A Commercial Uses Retail stores or sales A A Offices (2nd floor or higher than retail space in the same building) A A Service uses including professional service offices, health clinics A A Retail uses including grocery stores, pharmacy/drug stores and bookstores A E Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services X X Restaurants (excluding drive -through) A A Pubs, taverns or bars A X Outdoor diningmeetin,g the criteria of Chapter 17.75 ECDC. B B Enclosed fabrication or assembly areas associated with and on the same property as an art studio, art gallery, shoe repair, restaurant or food service establishment that also provides an on -site retail outlet open to the public A E Automobile sales and service X X Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents C E Printing, publishing and binding establishments C C Community -oriented open air markets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code A A Bus stop shelters A X Churches, subject to the requirements of ECDC 17.100.020 A E Local public facilities subject to the requirements of ECDC 17.100.050 C C Off-street parking and loading areas to serve a permitted use B B Commuter parking lots in conjunction with a facility otherwise permitted in this zone B B Commercial parking lots A C Wholesale uses X X Hotels and motels A A Packet Pg. 257 7.4.a Permitted Uses District 1 Commercial District 2 Multifamily Amusement establishments C X Auction businesses, excluding vehicle or livestock auctions X X Drive-in businesses X X Laboratories X X Fabrication of light industrial products not otherwise listed as a permitted use X X Day-care centers C C Museums and art galleries of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 A E Retail stores larger than 12,000 GSF X X Residential treatment facilities for alcoholics and drug abusers X X Light industrial X X Outdoor storage, incidental to a permitted use D D A = Permitted primary use B = Permitted secondary use C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit E = Permitted primary use on ground level floor only X = Not permitted [Ord. 3760 § 1, 2009]. Packet Pg. 258 7.4.a 16.110.010 Uses. A. Table 16.110-1. Permitted Uses WMU Commercial Uses Retail stores or sales A Offices A Service uses A Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services X Enclosed fabrication or assembly areas associated with and on the same property as an art studio, art gallery, restaurant or food service establishment that also provides an on -site retail outlet open to the public A Automobile sales and service C Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents A Printing, publishing and binding establishments A Public markets licensed pursuant to provisions in Chapter 4.90 ECC A Outdoor dining meetine the criteria of Chanter 17.75 ECDC B Residential Uses Single-family dwelling C Multiple dwelling unit(s) A Other Uses Bus stop shelters A Churches, subject to the requirements of ECDC 17.100.020 C Primary and high schools, subject to the requirements of ECDC 17.100.050(G) through (R) C Local public facilities, subject to the requirements of ECDC 17.100.050 C Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070 A Off-street parking and loading areas to serve a permitted use B Commuter parking lots in conjunction with a facility otherwise permitted in this zone B Commercial parking lots C Wholesale uses X Hotels and motels A Amusement establishments C Auction businesses, excluding vehicle or livestock auctions X Drive-in businesses C Laboratories C Fabrication of light industrial products not otherwise listed as a permitted use X Q Packet Pg. 259 7.4.a Permitted Uses WMU Day-care centers A Hospitals, health clinics, convalescent homes, rest homes, sanitariums C Museums and art galleries of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 A Zoos and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 C Counseling centers and residential treatment facilities for current alcoholics and drug abusers C Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070 C Outdoor storage, incidental to a permitted use D Aircraft landings as regulated by Chapter 4.80 ECC X A = Permitted primary use B = Permitted secondary use C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit X = Not permitted For conditional uses listed in Table 16.110-1, the use may be permitted if the proposal meets the criteria for conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met: 1. Access and Parking. Pedestrian access shall be provided from the sidewalk and/or adjoining commercial areas. 2. The use shall be landscaped and designed to be compatible with the pedestrian streetscape, as described in Chapter 22.110 ECDC. [Ord. 3993 § 1 (Exh. 1), 2015]. Section 17.05.020 Reasonable accommodations. A. Upon the application of a disabled person or individual or entity providing services to the disabled in a residential facility or other group living arrangement, the eammonit , sefviees direet^r planning and development director or his designee is hereby authorized to vary, modify, or waive the provisions of the Edmonds Community Development Code, including the provisions of ECDC Title 19, in order to provide a reasonable accommodation as necessary to provide to a disabled person's or care provider to the disabled's full enjoyment of a residence. B. The city's duty to accommodate is an affirmative one, and the community services director planning and development director is thereby authorized to provide accommodations in a thoughtful and proactive manner. C. The following review may, at the discretion of the viees air-eete planning and development director, include eitizen resident input into the administrative process. The eem ff ,,aity sefviees air^^+^r planning and development director shall provide written notice of the accommodation to the applicant and property owners within 300 feet of the subject site. D. When applying this reasonable accommodation process to the Edmonds Community Development Code, including the State Building Code and other codes adopted pursuant to ECDC Title 19 and Chapter 19.05 ECDC, the staff shall avoid the stereotypical assumptions regarding the disabled and shall attempt to ascertain the actual physical and/or mental limitation of the disabled individual in order to craft an accommodation which best suits the exercise of that individual's rights. [Ord. 3183 §§ 1, 2, 1998; Ord. 3142 § 2, 1997]. Packet Pg. 260 7.4.a Section 17.05.040 Accommodations personal to the applicant. The accommodation provided shall be personal to the applicant and shall not run with the land; provided, however, that a change in a residential structure necessary to accommodate the operation of a residential care provider to the disabled may be continued by future operations of similar facilities at the site who establish the same use within six months of the date the prior use by disabled person or residential care provider ceases. The dir-eete planning and development director may therefore direct that any physical change in the structure which would otherwise be illegal under the use or bulk requirements of the Community Development Code be brought into compliance six months after the date of sale or transfer of a residential structure to a person or entity not qualifying for the protections of the ADA, FHA and WLAD. [Ord. 3183 § 2, 1998; Ord. 3142 § 2, 1997]. Section 17.05.050 Appeal. There shall be no appeal from the decision of the een ff. trait , se f iees dir-ee«^ planning and development director within the city. Interested persons, that is persons located within 300 feet of the building site, may appeal the reasonable accommodation by filing a petition for review with Snohomish County Superior Court within 10 days of the date of mailing of the written notice of decision. [Ord. 3183 § 2, 1998; Ord. 3142 § 2, 1997]. Section 17.10.000 Bond required. A. Site Improvement Bond. Before the eemaitmity development dire^ planning and development director approves the issuance of a building permit, or occupancy permit, for a change of use for any proposal for which the city council, a city board or commission, or a city department has required site improvements, the developer or owner of the property involved shall provide the eemn..,,..:«y development a; .o^« planning and development director with a performance bond, or similar security, to ensure that the required site improvements are completed before the building is occupied or the use begins. The bond shall be based on the full cost of all required site improvements, including drainage and landscaping. B. Maintenance Bond. Before the ^^.,,ri.,,nity development air^^«^r planning and development director approves release of a site improvement bond, the developer or owner shall provide a bond, or similar security, for 15 percent of the amount of the site improvement bond to ensure the maintenance of the site improvements for two years after the site improvement bond is released. C. Release of Bond. The cone ,,,nity development dire planning and development director shall release the site improvement bond only after every affected city department has stated in writing that the site improvements are complete and satisfactory, and the developer or owner has provided the required maintenance bond. D. Other Bonds. When other bonds are required, as for a subdivision, they shall be provided to the eammunity� development air-eete planning and development director. When a proposal involves more than one bond, all bonds shall be provided before any work or occupancy begins. No bonds shall be released by the ^^.-.amity development date planning and development director until work covered by all bonds has been satisfactorily completed. E. Bond Procedure. The community development dire^«^r planning and development director shall adopt rules for bond amount determination, time limits, alternate acceptable securities, release of portions of bonds on completion of phases of work, additional bond amounts for extensions of time, and related matters. The Community development air-eete planning and development director may refer matters under the scope of this chapter to the appropriate department or division of the city for processing, approval, retainage and release. Packet Pg. 261 7.4.a Chapter 17.30 FENCES* Sections: 17.30.000 General. 17.30.010 Special height restrictions. 17.30.035 Trellises and arbors. *Code reviser's note: See Error , n nn n7nm) and Chapter 15.00 ECDC 15.00.020 for fence permit fees. 17.30.000 General. A. A fence permit shall be required for any fence over three feet in height which is also within 10 feet of any street right-of-way or access easement or within 30 feet of any corner. Height shall be measured from the top of the fence to the lowest original grade. B. A fence permit shall be required for any fence within a critical area or its buffer. C. Unless a variance is first obtained, no fence shall be more than six feet in height as measured from the top of the fence to the lowest original grade. D. When a retaining wall three feet in height or greater is contiguous to and below a proposed fence, the proposed fence may be constructed for the purposes of safety not greater than four feet above the top of the retaining wall or the finished grade, whichever is less, without the necessity for a variance. [Ord. 3491 § 3, 2004; Ord. 2954 § 1, 1993; Ord. 2772 § 1, 19901. 17.30.010 Special height restrictions. A. Streets and Corners. Height shall normally be limited to three feet within 10 feet of any street right-of-way or access easement or 30 feet of any corner, unless an exception is approved. B. Exception. If the city engineer finds that no hazard to users of the street or to nearby property will be created, the city engineer may approve a fence of up to six feet in height. C. Hazard. No fence or other obstruction may be constructed or maintained if it creates a hazard to users of the street or nearby property (ECDC 18.85.060). [Ord. 3491 § 4, 2004; Ord. 2954 § 1, 1993]. 17.30.035 Trellises and arbors. A. Definitions. As used in this section, the referenced terms shall have the following definitions: 1. "Arbor" is a separate freestanding or attached structure that has a lattice roof and lattice walls or a horizontal lattice work structure serving to roof a gate or entrance way. 2. "Lattice" and/or "lattice work" is a framework of cross wood or metal strips or a predominantly open framework of wood or metal designed for decorative purposes or landscaping purposes. 3. "Predominantly open" refers to a lattice work or similar decorative pattern which is designed to permit the free flow of light and air through the framework and which is designed primarily for decorative rather than privacy or security purposes. 4. "Trellis" is a horizontal structure of open lattice work designed and intended to support the growth of vines or other vegetation or a horizontal decorative element composed of lattice work which admits light and air through a predominantly open design. B. For the purposes of regulation under the Edmonds Community Development Code trellises shall be considered to be a fence or a part of a fence. As such, trellises shall be subject to the same height limitations as fences and permits shall be required to be obtained under the same circumstances as a fence. A trellis which has a horizontal element which is more than 36 inches in width measured perpendicular to the fence or trellis shall be considered an arbor and subject to the siting requirements for an arbor. Packet Pg. 262 7.4.a C. In addition to the height limits imposed by ECDC 17.30.000(C), the following additions to a fence may be constructed without a variance: 1. A trellis up to two additional feet in height to a maximum of eight feet may be added as a decorative element to a fence so long as the combined length of the trellis(es) constructed facing a property line do not exceed 25 percent of the total length of that property line. 2. A trellis up to two additional feet in height to a maximum of eight feet may be added as a decorative element to a fence facing a street, alley or access easement so long as the trellis remains free of any plantings, vegetation or other visual obstruction. 3. An arbor up to three additional feet in height to a nine -foot maximum may be constructed over a gate, walkway or entrance. [Ord. 3348 § 1, 2001]. Packet Pg. 263 7.4.a Section 17.50.020 Parking space requirements. [Refer to ECDC 17.50.010(C) and 17.50.070 for standards relating to the downtown business area.] A. Residential. 1. Single-family and multifamily. a. Single-family dwellings: two spaces per dwelling unit, except: b. Multiple residential according to the following table: Type of multiple dwelling unit Required parking spaces per dwelling unit Studio 1.2 1 bedroom 1.5 2 bedrooms 1.8 3 or more bedrooms 2.0 2. Boarding house: one space per bed. 3. Rest home, nursing home, convalescent home, residential social welfare facilities: one space per three beds 4. Single-family dwellings with accessory dwelling unit: three spaces total. B. Business. 1. Retail stores, including art galleries, convenience stores, department stores, discount stores, drug stores, grocery stores, supermarkets: one space per 300 square feet; 2. Furniture, appliances, and hardware stores: one space per 600 square feet; 3. Services uses, including barber shops, beauty shops, dry cleaners, laundries, repair shops: one space per 600 square feet; 4. Medical, dental and veterinarian offices, banks and clinics: one space per 200 square feet; 5. Business and professional offices with on -site customer service: one space per 400 square feet; 6. Offices not providing on -site customer service: one space per 800 square feet; 7. Bowling alley: four spaces per bowling lane; 8. Commercial recreation: one space per 500 square feet, or one space for each customer allowed by the maximum permitted occupant load; 9. Car repair, commercial garage: one space per 200 square feet; 10. Drive-in restaurants, automobile service station, car dealer, used car lot: one space per 500 square feet of lot area; 11. Restaurant, tavern, cocktail lounge: if less than 4,000 square feet floor area, one per 200 square feet gross floor area; if over 4,000 square feet floor area, 20 plus one per 100 square feet gross floor area in excess of 4,000 square feet; 12. Plant nurseries (outdoor retail area): one space per five square feet of outdoor retail area; Packet Pg. 264 7.4.a 13. Motels and hotels: one space per room or unit; 14. Retail warehouse, building materials yard: one space per 1,000 square feet of lot area or one per three employees; 15. Manufacturing, laboratories, printing, research, automobile wrecking yards, kennels: one space per two employees on largest shift; 16. Mortuary: one space per four fixed seats or per 400 square feet of assembly area, whichever is greater; 17. Marina: to be determined by the hearing examiner, using information provided by the applicant, and the following criteria: a. The type of storage facility (moorage, dry storage, trailer parking) and intended use (sailboats, fishing boats, leisure boats), b. The need to accommodate overflow peak parking demand from other uses accessory to the marina, c. The availability and use of public transit; 18. Storage warehouse: one space per employee; 19. Wholesale warehouse: one space per employee; 20. Adult retail store: one space per 300 square feet; 21. Sexually oriented business (except adult retail store): one space for each customer allowed by the maximum permitted occupant load. C. Community Facilities. 1. Outdoor places of public assembly, including stadiums and arenas: one space per eight fixed seats, or per 100 square feet of assembly area, whichever is greater; 2. Theaters: one space per five seats; 3. Indoor places of public assembly, including churches, auditoriums: one space per four seats or one space per 40 square feet of assembly area, whichever is greater; 4. Elementary schools, junior high schools, boar -ding schools (elementary through senior high), residential colleges and universities: six spaces per classroom, or one space per daytime employee, whiehever is greateriPrimary and Secondary Schools: See ECDC 17.100.050(M) for parking standards relating to primary and secondary schools; 5. Residential colleges and universities: six spaces per classroom, or one space per daytime employee, whichever is greater; 6 -5. Nonresidential colleges and universities: one space per daytime employee; 0 spae0 0 r- daytime employee; 7. Museums, libraries, art galleries: one space per 250 square feet; 8. Day-care centers and preschools: one space per 300 square feet, or one per employee, plus one per five students, whichever is larger; 9. Hospitals: three spaces per bed; 10. Maintenance yard (public or public utility): one space per two employees. Packet Pg. 265 7.4.a D. Electric Vehicle (EV) Charging Infrastructure Parking Standards. See Chapter 17.115 ECDC for parking standards relating to electric vehicle (EV) charging infrastructure. [Ord. 4251 § 2 (Exh. A), 2022; Ord. 3496 § 2, 2004]. 17.50.030 Calculations. A. Square Feet. Unless otherwise specified, square feet refers to the gross building square footage, including outdoor areas used for the same use. (s eh as an utdoor eatine afea for- a o.,tauf .` B. Combination of Uses. Combination of uses shall meet the requirement based on the sum of all the uses reduced by any applicable joint use provisions (see ECDC 17.50.060). Examples of such combined uses are: a furniture store with a retail display area and attached storage warehouse, a storage warehouse with attached office, a church with a parochial school, mixed use building with commercial and residential uses and so forth. C. Different Uses on Same Site. The requirement for different uses on the same site shall be the sum of all requirements for the individual uses, reduced by any applicable joint use provisions. D. Uses Not Specified. Any use not listed above shall meet the requirements of the most similar listed use as determined by the com-^tm:ty development diree*^r planning and development director. E. Fractions. When the requirements of this chapter result in a fractional number of parking spaces, one space shall be provided for a fraction of one-half or more, and no space shall be required for a fraction of less than one-half. [Ord. 3496 § 2, 2004]. Section 17.50.070 Downtown business area parking requirements. A. See ECDC 17.50.010(C) for the parking requirements in the downtown business area. B. Downtown Business Area Defined. The downtown business area consists of all land zoned BC, BD or CW and located in the area east of Puget Sound, south of Emends Daley Street, west of Seventh Avenue, and north of Pine Street. For the purposes of this chapter only, the downtown business area shall include all commercially zoned properties within the specified boundaries. C. Exceptions to the required parking standards in the downtown area. When requested by the developer, the staff, using information provided by the applicant, may decrease the required parking for a building listed on the Edmonds register of historic places in order to retain historic elements of the building during its expansion, remodeling or restoration. Any building construction or remodeling activities serving as the justification for the parking exception shall be consistent with the criteria and procedures governing historic buildings contained in Chapter 20.45 ECDC. The decision on the parking exception shall be processed as a Type II decision. [Ord. 3736 § 15, 2009; Ord. 3628 § 2, 2007; Ord. 3496 § 2, 2004]. Section 17.50.090 Temporary parking lots. A. Conditional Use. A conditional use permit shall be required in order to construct or maintain a temporary parking lot in any B (business) or C (commercial) zone. The initial permit shall be valid for a term of one year; provided, however, that extensions may be approved under the following conditions: 1. The applicant may apply to the eemff.,.aiyy sen4ees dir-eetar- planning and development director to have said permit extended for a period of one year upon the filing of a written application stating the reasons for said requests prior to the expiration of the original permit. 2. The applicant may, in addition, apply for an additional two-year extension through the vehicle of a conditional use permit for a temporary parking lot. In addition to satisfying the criteria of ECDC 20.05.010, the applicant shall be required to demonstrate that a public benefit will result from the issuance of the two-year Packet Pg. 266 7.4.a extension. In no event shall a temporary parking lot be permitted to continue beyond four years from the date the initial conditional use permit is granted. 3. Applications for a conditional use permit, or an appeal of a staff decision approving or denying a one-year extension thereof, shall be reviewed by the hearing examiner under the same terms and conditions as any conditional use permit utilizing the criteria contained in Chapter 20.05 ECDC and under the procedural requirements contained in Chapter 20.06 ECDC. An application for a two-year extension shall be processed in the same manner as an initial application for a conditional use permit for a temporary parking lot and new or changed conditions may be imposed in the course of that process. B. Improvements. The hearing examiner shall require the applicant to meet the public improvement and dedication requirements for permanent use of the director of community services. The applicant shall also be required to provide a durable, well -drained, dust -free and hard surface for the parking lot. C. Review by the Architectural Design Board. If the conditional use permit is approved, the applicant shall then submit the proposal for review to the architectural design board, and shall comply with any requirements of the board as to signage, lighting, screening and landscaping. Nothing herein shall be interpreted to prohibit an applicant from filing a simultaneous request for review of his conditional use permit application by the hearing examiner and/or review of said lot by the architectural design board. [Ord. 3783 § 3, 2010; Ord. 3775 § 3, 2010; Ord. 3736 § 16, 2009; Ord. 3496 § 2, 2004]. Section 17.70.000 Security units. A. Definition. A "security unit" is a building, mobile home, trailer, or vehicle used temporarily in connection with providing security during construction of a structure or building for which a valid building permit has been issued. B. Conditions. A security unit is permitted in all zones under the following conditions: 1. All sanitation facilities and safety measures shall be approved in advance by the building official, health official and other appropriate city officials. 2. Unless earlier directed by the building official pursuant to subsection (13)(3) of this section, security units in the following zones shall be removed after the following time periods: a. In an RS zone, one year; b. All other zones, one year, with a one-year extension if the ^ mm twit.. development dir-eeplanning and development director finds that the project is large enough to require the longer period, disregarding any self-imposed delay. 3. The building official may order the removal of a security unit if any of the following situations occur: a. The building permit expires or is cancelled. b. The building official issues an occupancy permit. c. The building official determines that the security structure is no longer needed to provide protection against theft or vandalism. [Ord. 3742 § 1, 2009]. Section 17.115.020 Definitions. A. "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and RCW 19.27.540. Packet Pg. 267 7.4.a B. "Battery exchange station" means a facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW and RCW 19.27.540. C. "Charging level" means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. Levels I, II, and III are defined by the electrical output, per the following specifications: 1. Level 1. Considered slow charging and operates on a 15 to 20 amp breaker on a 120 volt AC circuit. 2. Level II. Considered medium charging and operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit. 3. Level 111. Considered fast or rapid charging and operates on a 60 amp or higher breaker on a 480 volt or higher three-phase circuit with special grounding equipment. D. "Designated accessible parking space" means an accessible parking space required by WAC 51-50-005 and designated for the exclusive use of parking vehicles with a state disabled parking permit. E. "Electric vehicle" or "EV" means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off -board source, that is stored on board for motive purpose. F. "Electric vehicle capable" or "EV capable" means a parking space that has listed an install panel capacity and conduit (raceway) and electrical capacity (breaker space) allocated to accommodate the future build -out of an electric vehicle charging station with Level II or Level III charging circuits. G. "Electric vehicle charging station" means a public or private parking space that is served by EV ready or EV installed forms of electric vehicle charging infrastructure that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. H. "Electric vehicle charging infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including but not limited to battery charging stations, rapid charging stations, and battery exchange stations. 1. "Electric vehicle installed" or "EV installed" means a fully installed electric vehicle charging station for Level II or Level III charging levels. J. "Electric vehicle parking space" means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. K. "Electric vehicle ready" or "EV ready" means a parking space that is designed and constructed to include a fully wired circuit with a Level II or Level III electric vehicle charging receptacle outlet or termination point, including conduit and wiring and the electrical service capacity necessary to serve the receptable, that allows for future installation of an electrical vehicle charging station. L. Electric Vehicle Supply Equipment or EVSE. See "Electric vehicle charging station." M. Nonresidential Use. For the purposes of this chapter, a "nonresidential use" means any primary use that is not a residential use such as, but not limited to, business uses, commercial uses, industrial uses, or public facility uses. N. "Rapid charging station" means a Level III electric vehicle charging station that allows for faster recharging of electric vehicle batteries through higher power levels. O. Substantial Damage. For the purposes of this chapter, "substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50 percent of the replacement cost of the structure before the damage occurred. P. Substantial Improvement. For the purposes of this chapter, "substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a primary structure, the cost of which equals or exceeds 50 percent Packet Pg. 268 7.4.a of the market value of the primary structure before the "start of construction" of the improvement. [Ord. 4251 § 1 (Exh. A), 2022]. Fijzure 17.115-1: Electric Vehicle Charging Capacities oC=) 0 ----- EV Capable Install electrical panel capacity with a dedicated branch circuit and a continuous raceway from the panel to the future EV parking spot 000 EV Ready Install electrical panel capacity and raceway with conduit to terminate in a function box or 240 volt charging outlet )typical clothing dryer outlet). MEN EV Installed Install a minimum number of Level 2 EV charging stations Section 18.00.010 Application. A. Forms and Fees. The public works department shall provide application forms. Application fees and other fees shall be as set in Chapter- 15.00 ECDC 15.00.020. B. Required Information. The applicant shall provide the following information: 1. Applicant's name and address; 2. Owner's name, address and written consent if the applicant is not the owner; 3. The location, by address and legal description, of the site; 4. A site plan, to scale, showing existing and proposed structures, improvements and affected streets, utilities, vegetation, LID elements, etc.; 5. The applicant shall clearly specify on the plans, in a separate written statement, how the proposed development meets the requirements of this title; 6. Further information required by the portion of the community development code that governs the type of application; 7. Further information required by general rules adopted by the public works director and information required by the public works director to properly review an individual application; 8. A release of the city from all damages arising from any action or inaction of the city based on false, misleading or incomplete information furnished by the applicant; 9. Permission to city staff to inspect the property involved to determine whether the application should be approved. C. Decision. The public works director or his designee shall decide whether to approve, conditionally approve, or deny the application, based on staff analysis and comments from other departments. The decision shall be in writing, and unless another appeal procedure is specifically identified in the provisions of this title, shall be appealable to the hearing examiner pursuant to Chapter 20.06 ECDC as a Type II decision. Notice of the hearing shall be provided to Packet Pg. 269 7.4.a the applicant and/or appellant and any other party who has requested notice in writing or provided written notice during the application process. Such notice shall be provided in writing at least five (5) business days prior to the hearing. No application may be approved that conflicts with any portion of the Community Development Code unless that portion is specifically subject to waiver or variance. [Ord. 4085 § 5 (Exh. A), 2017; Ord. 3788 § 1, 2010] Section 18.05.000 Scope. A. This chapter shall be interpreted to require all new or extended utilities to be underground, except when exempted by this section. 1. "Utilities" shall mean all equipment used to deliver services by a utility such as electricity, telephone or cable television. 2. "Common utilities" shall mean utilities which serve more than one lot or commercial development. 3. "Private utility services" shall mean the utilities which connect a lot or commercial development with common utilities. 4. "Utility" shall mean the person, agency, corporation or other organization providing utility service. 5. "Existing utility use" shall mean the existing utility service as judged in three categories: number of poles, number of lines and height of poles within the project area for which the permit is sought. 6. "New or extended utilities" shall mean only utilities which are being built or extended to serve a new commercial, industrial, or multifamily residential development which has not had that type of utility service, or to serve a new single-family residential subdivision. a. This definition shall not include: i. Temporary extensions of service for construction purposes; ii. Additions to any existing aboveground utility system where such additions are not for the purpose of serving new commercial development or a single-family residential subdivision; nor iii. Rebuilding or replacing existing common utilities; provided, that the rebuilt or replaced structures do not expand the existing utility's use within the project area by 10 percent, except as provided in Chapter 20.50 ECDC for wireless facilities. "Expansion" shall include the number and height of poles, as well as the number of wires or cable carried thereon. b. All utility services sought to be constructed as temporary services, additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the ^,.ri,mianity setwi es dire ter- public works director. Any utility service found to be a "new or extended" service or an "expanded" service shall be reviewed as herein provided. 7. "Multifamily residential" shall mean development intended for use as apartments, duplexes, condominiums, or planned residential development. 8. "Project area" shall mean the actual area in which the project is proposed and shall include all structures or facilities actually, physically impacted by the improvement as well as any necessary appurtenant or accessory structures. B. Exemptions. The following are exempt from the underground requirement of ECDC 18.05.010, but are still subject to the design standards of ECDC 18.05.030: 1. Electric utility substations, padmounted transformers and switching facilities; 2. Electrical utilities of more than 55 kilovolts; Packet Pg. 270 7.4.a 3. Communication utilities not located on or along a public street right-of-way or private access easement; 4. Street light poles; 5. Telephone pedestals and similar devices; 6. Police and fire sirens, traffic -control devices and other similar municipal equipment; 7. Communication antennas which meet current FCC requirements, if any. [Ord. 3845 § 3, 2011; Ord. 3580 § 1, 2006; Ord. 2491, 1985]. 18.05.040 Variances.* Applications for variances from the underground requirements of this chapter shall be reviewed by the eommunity setwiees dire public works director as a Type II development project permit application (see Chapter 20.01 ECDC). For the purposes of this chapter, the special circumstances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public. [Ord. 3736 § 25, 2009; Ord. 2498, 1985; Ord. 2491, 19851. *Code reviser's note: Variance fee for underground wiring shall be as set in Qk ~ '�WECDC 15.00.020. Section 18.10.010 Sewer connections. A. When Required. The owner of any building within 200 feet of any trunk or lateral sewer must connect to the sewer within 60 days of acquiring the property and must pay to the city a connection fee as set forth in Cyr 15.00 ECDC 15.00.020. All connection fees shall be paid to the city before connecting to the sewer. B. Future Connection. The owners of any house or home not within 200 feet of any trunk or lateral sewer within the city must connect to the sewer within 60 days of the completion of any future trunk or lateral sewer upon which the homeowner may then abut or be within 200 feet, as required by the regulations set forth in this chapter. Any owner or owners who become subject to these regulations and charges as a result of a latecomer agreement shall be required to connect for a period of two years after the acceptance date by the city council of the sewer subject to such agreement. C. Restriction of Water Service. If a property owner or owners within an area served by sewerage systems of the city, including those property owners on streets and alleys within 200 feet along which sanitary sewers have been constructed, have not connected their private sanitary drain and sewers with the city system, the city may restrict water service to the property to the minimum necessary to insure health and safety of the inhabitants, or where a health hazard exists or is threatened the city may shut off the city water supply to the premises. D. Connection. The city council may order connection to the sewer, and the director of public works shall report to the city council as soon as possible, an assessment roll showing the description of the property connected, and the cost of each connection. E. Hearing. The city clerk shall notify the owner of each property in the same manner as notice is provided in a local improvement district of each proposed assessment. The city council shall hold a hearing under the procedures applicable to a Type V legislative process. The city council shall, by ordinance after the hearing, assess the cost of making the connection against the property connected. The assessment shall become a lien against each property, shall be collected in the manner provided by law for the collection of local improvement assessments, and shall bear interest at the rate of interest established by ordinance from the date of the approval of the assessment. F. Permit Required. It shall be unlawful for any person to make any sort of connection to the city sewer line without a permit from the public works director. [Ord. 3788 § 2, 2010]. Packet Pg. 271 7.4.a Section 18.20.040 Permits. A. Required. No person shall construct, install or modify sewage disposal systems without a current city permit. The permit shall be posted on the building or premises where the work permitted is being done, and unless revoked, shall not be removed until such work has been finally approved by the public works director. B. Fee. The fee for a sewage disposal system permit shall be as set in GhapteF 15.00 ECDC 15.00.020. C. Approval Criteria. The public works director shall only approve an application if in his judgment the physical features of property on which it is proposed to locate the sewage disposal system, or the design of the proposed sewage disposal system, are adequate for sale and effective operation of the system. D. Additional Materials. Application for a sewage disposal system permit shall be supported by the following: 1. A completely dimensioned plot plan, drawn to scale, showing direction of surface drainage, approximate slope, and other topographical features relevant to the design and installation of an adequate and efficient sewage disposal system; 2. Construction plans and specifications; 3. A log of soil formation and ground water level as determined by test holes in the proposed disposal field; 4. A statement of absorption characteristics of the soil as determined by percolation tests made in the proposed disposal field. E. Term. Permits shall expire one year from date of issue. Section 18.30.010 Definitions. For the purposes of this chapter, the following definitions shall apply: "Adjustment" means a variation in the application of a minimum requirement to a particular project. Adjustments provide substantially equivalent environmental protection. "Applicant" means the owning individual(s) or corporations or their representatives applying for the permits or approvals described in this chapter. "Approval" means the proposed work or completed work conforming to this chapter as approved by the public works director or their designee. "Arterial" means a road or street primarily for through traffic. The term generally includes roads or streets considered collectors. It does not include local access roads which are generally limited to providing access to abutting property. See also RCW 35.78.010, 36.86.070, and 47.05.021. "Best management practices (BMPs)" means the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by the city that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. "Bioretention BMPs" means engineered facilities that treat stormwater by passing it through a specified soil profile, and either retain or detain the treated stormwater for flow attenuation. Refer to the 2019 Stormwater Management Manual for Western Washington (SWMMWW), Volume V for bioretention BMP types and design specifications. "Category 1 Project Site" means a project site subject to Minimum Requirements No.1 through No. 5. See ECDC 18.30.060(C). Packet Pg. 272 7.4.a "Category 2 Project Site" means a project site subject to Minimum Requirements No.1 through No. 9. See ECDC 18.30.060(C). "Certified erosion and sediment control lead (CESCL)" means an individual who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology (see BMP C160 in the SWMMWW). A CESCL is knowledgeable in the principles and practices of erosion and sediment control. The CESCL must have the skills to assess site conditions and construction activities that could impact the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges. Certification is obtained through an Ecology -approved erosion and sediment control course. Course listings are provided online at Ecology's website. "Ci's municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that are owned or operated by the city of Edmonds, designed or used for collecting or conveying stormwater, and are not a combined sewer nor part of a publicly owned treatment works as defined in 40 CFR 122.2, and which is defined as "large" or "medium" or "small" or otherwise designated by Ecology pursuant to 40 CFR 122.26. "Clearing" means the destruction and removal of vegetation by manual, mechanical, or chemical methods. "Commercial agriculture" means those activities conducted on lands defined in RCW 84.34.020(2) and activities involved in the production of crops or livestock for commercial trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. "Common plan of development or sale" means a site where multiple separate and distinct construction activities may be taking place at different times on different schedules and/or by different contractors, but are still under a single plan. Examples include: (1) phase projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contract or by separate owners (e.g., a development where lots are sold to separate builders); (2) a development plan that may be phased over multiple years, but is still under a consistent plan for long-term development; (3) projects in a contiguous area that may be unrelated but still under the same contract, such as construction of a building extension and a new parking lot at the same facility; and (4) linear projects such as roads, pipelines, or utilities. If the project is part of a common plan of development or sale, the disturbed area of the entire plan must be used in determining permit requirements. "Converted vegetation (areas)" means the change in land cover from native vegetation, pasture scrub/shrub, or unmaintained nonnative vegetation to lawn or landscaped areas, or where native vegetation is converted to pasture. "Creek" is synonymous with "streams," which is defined in ECDC 23.40.005. "Detention facility" means an above or below ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored stormwater. "Development" means land -disturbing activities, including Class IV general forest practices that are conversions from timber land to other uses. Creation or addition of hard surfaces, or replacement of a hard surface that is not part of a routine maintenance activity. Structural development, including construction, installation, replacement, or expansion of a building or other structure. Subdivision, short subdivision, and binding site plans, as defined and applied in Chapter 58.17 RCW. "Director" means the city's public works and utilities director or a designee with an appropriate background in engineering or another related discipline. "Discharge point" means the location where a discharge leaves the municipal separate storm sewer system (MS4) through the city's MS4 facilities/BMPs designed to infiltrate. "Ecology" means the Washington State Department of Ecology. Packet Pg. 273 7.4.a "Effective impervious surface" means those impervious surfaces that are connected via sheet flow or discrete conveyance to a drainage system. Impervious surfaces on residential development sites are considered ineffective if- (1) the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP T5.30 — "Full Dispersion," as described in Chapter 5 of Volume V of the SWMMWW; (2) residential roof runoff is infiltrated in accordance with downspout full infiltration systems in BMP T5.10A in Volume III of the SWMMWW; or (3) approved continuous runoff modeling methods indicate the entire runoff file is infiltrated. "Erodible or leachable materials" means wastes, chemicals, or other substances that measurably alter the physical or chemical characteristics of runoff when exposed to rainfall. Examples include erodible soils that are stockpiled, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, and garbage dumpster leakage. "Erosion" means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. Also, detachment and movement of soil or rock fragments by water, wind, ice, or gravity. See the SWMMWW Glossary for examples of types of water erosion. "Excavation" means the mechanical removal of earth material. "Exception" means relief from the application of a minimum requirement to a project. "Fill" means a deposit of earth material placed by artificial means. "Groundwater" means water in a saturated zone or stratum beneath the land surface or below a water body. "Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof. "Highway" means a main public road connecting towns and cities. In Edmonds, this includes State Route 99, State Route 524, and portions of State Route 104, that are classified as principal arterials in the city's comprehensive transportation plan. "Illicit discharge" means any direct or indirect nonstormwater discharge to the city's MS4, groundwaters, or a water body, except as expressly allowed by Chapter 7.200 ECC. "Impervious surface" means a nonvegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A nonvegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces that similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered impervious surfaces for purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling. Outdoor swimming pools shall be considered impervious surfaces in all situations. In addition, lawns, landscaping, sports fields, golf courses, and other areas that have modified runoff characteristics resulting from the addition of underdrains and impermeable or low permeability liners are to be considered impervious surfaces. If no liner is installed, these areas (lawns, landscaping, sports fields, golf courses, etc.) served by underdrains may be considered partially pervious if the underdrain is set a minimum of eight inches above the in -situ soils in a manner to allow infiltration over the facility bottom. "Lake" means an inland body of fresh water surrounded by land. "Land disturbing activity" means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land -disturbing activities include but are not limited to demolition, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land -disturbing activity. Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land -disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures. Packet Pg. 274 7.4.a "Low impact development (LID)" means a stormwater and land use strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on -site features, site planning, and distributed stormwater management practices that are integrated into a project design. "LID best management practices (BMPs)" means distributed stormwater management practices, integrated into a project design, that emphasize predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water reuse. "LID principles" means land use management strategies that emphasize conservation, use of on -site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff. "Maintenance" means repair and maintenance activities conducted on currently serviceable structures, facilities, and equipment that involves no expansion or use beyond that previously existing and results in no significant adverse hydrologic impact. It includes those usual activities taken to prevent a decline, lapse, or cessation in the use of structures and systems. Those usual activities may include replacement of dysfunctional facilities, including cases where environmental permits require replacing an existing structure with a different type of structure, as long as the functioning characteristics of the original structure are not changed. One example is the replacement of a collapsed, fish -blocking, round culvert with a new box culvert under the same span, or width, of roadway. In regard to stormwater facilities, maintenance includes assessment to ensure ongoing proper operation, removal of built up pollutants (i.e., sediments), replacement of failed or failing treatment media, and other actions taken to correct defects as identified in the maintenance standards of Appendix A, Volume V of the SWMMWW. "Maximum extent practicable (MEP)" refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water Act which reads as follows: "Permits for discharges from municipal storm sewers shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques, and system, design, and engineering methods, and other such provisions as the Administrator or the State determines appropriate for the control of such pollutants." "MS4" means the city's municipal separate storm sewer system. "Native vegetation" means vegetation comprised of plant species, other than noxious weeds, indigenous to the coastal region of the Pacific Northwest which could have been reasonably expected to occur naturally on the site. Examples include trees such as Douglas fir, western hemlock, western red cedar, alder, big -leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed. "Natural drainage systems and outfalls" means the location of the channels, swales, and other nonmanmade conveyance systems as defined by the earliest documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate. "New development" means land -disturbing activities, including Class IV general forest practices that are conversions from timberland to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision, and binding site plans, as defined and applied in Chapter 58.17 RCW. This chapter does not distinguish the difference between new development and redevelopment; all projects in Edmonds shall meet the requirements for new development. "New impervious surface" means a surface that is: (1) changed from a pervious surface to an impervious surface (e.g., resurfacing by upgrading from dirt to gravel, a bituminous surface treatment ("chip seal"), asphalt, concrete, or an impervious structure); or (2) upgraded from gravel to chip seal, asphalt, concrete, or an impervious structure; or (3) upgraded from chip seal to asphalt, concrete, or an impervious structure. Note that if asphalt or concrete has been overlaid by a chip seal, the existing condition should be considered as asphalt or concrete. "On -site stormwater management BMPs" is a synonym for "low impact development BMPs." Packet Pg. 275 7.4.a "Outfall" means a point source as defined by 40 CFR 122.2 at the point where a discharge leaves the city's MS4 and enters a surface receiving waterbody or surface receiving waters. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts). "Permeable pavement" means pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. "Person" means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or city government unit, however designated. "Pervious surface" means any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements. "Pollution -generating hard surface (PGHS)" means those hard surfaces considered to be a significant source of pollutants in stormwater runoff. See the listing of surfaces under pollution -generating impervious surface. "Pollution -generating impervious surface (PGIS)" means those impervious surfaces considered to be a significant source of pollutants in stormwater runoff. Such surfaces include those which are subject to: vehicular use; industrial activities (as further defined in the glossary of the SWMMWW); storage of erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or the run-on or blow-in of rainfall; metal roofs unless they are coated with an inert, nonleachable material (e.g., baked -on enamel coating); or roofs that are subject to venting significant amounts of dusts, mists, or fumes from manufacturing, commercial, or other indoor activities. "Pollution -generating pervious surfaces (PGPS)" means any pervious surface subject to (1) vehicular use, (2) industrial activities (as further defined in the glossary of the SWMMWW, or (3) storage of erodible or leachable materials, wastes, or chemicals, and that receive direct rainfall or run-on or blow-in of rainfall, (4) use of pesticides and fertilizers, or (5) loss of soil. Typical PGPS include permeable pavement subject to vehicular use, lawns, and landscaped areas including: golf courses, parks, cemeteries, and sports fields (natural and artificial turf). "Predeveloped condition" means the native vegetation and soils that existed at a site prior to the influence of Euro-American settlement. The predeveloped condition shall be assumed to be a forested land cover unless reasonable, historic information is provided that indicates the site was prairie prior to settlement. "Project" means any proposed action to alter or develop a site. "Project site" means that portion of a property, properties, and/or right-of-way subject to land -disturbing activities, new hard surfaces, or replaced hard surfaces. For projects that involve land -disturbing activity on one or more parcels and/or land -disturbing activity in the city right-of-way, the "project site" includes all areas of land disturbance. If the project is part of a common development plan or sale, the disturbed area of the entire plan shall be used in determining permit requirements. "Rain garden" means a non -engineered shallow landscaped depression, with compost -amended native soils and adapted plants. The depression is designed to pond and temporarily store stormwater runoff from adjacent areas, and to allow stormwater to pass through the amended soil profile. "Receiving waterbody or receiving waters" means naturally and/or reconstructed naturally occurring surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters, or groundwater, to which a MS4 discharges. Redevelopment. This chapter does not distinguish the difference between new development and redevelopment; all projects in Edmonds shall meet the requirements for new development. Where existing unmitigated surfaces are to remain, the additional "retrofit" requirement per ECDC 18.30.060(D)(5)(b)(i) applies. "Replaced hard surface" means, for structures, the removal and replacement of hard surfaces down to the foundation. For other hard surfaces, it means the removal down to bare soil or base course and replacement. Packet Pg. 276 7.4.a "Replaced impervious surface" means, for structures, the removal and replacement of any exterior impervious surfaces down to the foundation. For other impervious surfaces, it means the removal down to bare soil or base course and replacement. "Road -related project" means a project that all of, or the majority of, the new or replaced hard surface consist of roadway, shoulders, curbs, gutters, sidewalks, or walkways, either publicly or privately funded. Frontage improvements constructed as a requirement for a development project are not considered a road -related project. "Roadway" means traveled hard surface portion of any public or private road or street. "Runoff' means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands, as well as shallow groundwater. It also means the portion of rainfall or other precipitation that becomes surface flow and interflow. "Site" means the area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to development. For road projects, or utility projects in the right-of-way, the length of the project site and the right-of-way boundaries define the site. Note that drainage impacts are generally assessed for the "project site" under separate definition. "Slope" means the degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90-degree slope being vertical (maximum) and 45 degrees being a 1:1 or 100 percent slope. "Soil" means the unconsolidated mineral and organic material on the intermediate surface of the earth that serves as a natural medium for the growth of land plants. "Source control BMPs" means a structure or operation that is intended to prevent pollutants from coming into contact wither stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The SWMMWW separates source control BMPs into two types. Structural source control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational source control BMPs are nonstructural practices that prevent or reduce pollutants from entering stormwater. See Volume IV of the SWMMWW for details. "Stormwater facility" means a constructed component of a stormwater drainage system, designed and constructed to perform a particular function or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, and biofiltration swales. "Stormwater Management Manual for Western Washington (SWMMWW)" means the Washington State Department of Ecology's 2019 Stormwater Management Manual for Western Washington. Referred to as the 2019 SWMMWW. "Stormwater site plan" means the comprehensive report containing all of the technical information and analysis necessary for regulatory agencies to evaluate a proposed development project for compliance with stormwater requirements. Contents of the stormwater site plan will vary with the type and size of the project, and individual site characteristics. It includes a construction stormwater pollution prevention plan (construction SWPPP) and a permanent stormwater control plan (PSC Plan). Guidance on preparing a stormwater site plan is contained in Chapter 3 of Volume I of the SWMMWW. "Stormwater treatment and flow control BMPs/facilities" means detention facilities, treatment BMPs/facilities, bioretention, vegetated roofs, and permeable pavements that help meet Minimum Requirements No. 6 (Treatment), Minimum Requirement No. 7 (Flow Control), or both as described in ECDC 18.30.060. "Threshold discharge area" means an area within a project site draining to a single natural discharge location or multiple natural discharge locations that combine within one -quarter mile downstream (as determined by the shortest flowpath). The examples in Figure 1: Example TDA Delineations below illustrate this definition. The Packet Pg. 277 7.4.a purpose of this definition is to clarify how the thresholds of this code are applied to project sites with multiple discharge points. "Vehicular use" means regular use of an impervious or pervious surface by motor vehicles. The following are subject to regular vehicular use: roads, unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unrestricted access fire lanes, vehicular equipment storage yards, and airport runways. Figure 1: Example TDA Delineations Example of a Project She with a single natural discharge and a single TDA Single TDA Example of a Project Site with multiple natural discharges and a single TDA Single TDA Example of a Project She with multiple natural discharges and multiple TDAs TDA iTDA i 2 Natural discharge--•- Natural/• Natural — Greater than discharge _ discharge location 114 mile �. ,F' locations 114 mile' locations /114 mile Example of a road project with muhiple discharge points and a single TDA �� i I r� a r! �► Z i r r � Discharge �. 114 mile , 114 mile location 114 mie �.. - — 114 mhe Because the right -most discharge connects to the other two discharge flow paths within i mile, all areas are connected as one TDA. Example o1 a road project with multiple i II y I discharge points and multiple TDAs. i '� Discharge '. 1!4 mile Note: Shaded areas represent the limps of the '� location �"�� I -`—'s project she. .. 1,4 _ NOT TO SCALE liirr Example TDA Delineations DEPARTMENT OF Revised March 2016 ECOLOGY Please see httplAvww.ecy wa.govlcopynghthtml for copyright notice including permissions. State of Washington limitation of liability, and disclaimer, The following are not considered subject to regular vehicular use: sidewalks not subject to drainage from roads for motor vehicles, paved bicycle pathways separated from and not subject to drainage from roads for motor vehicles, restricted access fire lanes, and infrequently used maintenance access roads. "Waterbody" means surface waters including rivers, streams, lakes, marine waters, estuaries, and wetlands. "Waters of the state" includes those waters defined as "waters of the United States" in 40 CFR 122.2 within the geographic boundaries of Washington State, and "waters of the state" as defined in Chapter 90.48 RCW which Packet Pg. 278 7.4.a includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and water courses within the jurisdiction of the state of Washington. "Wetlands" means as defined in ECDC 23.40.005. [Ord. 4263 § 1 (Att. A), 2022; Ord. 4044 § 1 (Att. A), 2016]. Section 18.30.020 Authority and regulation. A. The public works and utilities director shall administer this chapter and shall be referred to as the director. B. The director shall have the authority to develop, implement, and enforce policies (such as the Edmonds StormwaterAddendum) and procedures to administer and enforce this chapter per ECDC 18.30.440100. and- C. The requirements of this chapter are minimum requirements. They do not replace, repeal, abrogate, supersede, or affect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where this chapter imposes requirements that are more protective of human health or the environment than those set forth elsewhere, the provisions of this chapter shall prevail. When this chapter imposes requirements that are less protective of human health or the environment than those set forth elsewhere, the provisions of the more protective requirements shall prevail. D. The director shall have the authority to impose additional requirements on a project or site to meet the purpose of this chapter based on site -specific factors including, but not limited to, location, soil conditions, slope, and designated use. E. Approvals and permits granted under this chapter are not waivers of the requirements of any other laws, nor do they indicate compliance with any other laws. Compliance is still required with all applicable federal, state and local laws and regulations, including rules promulgated under authority of this chapter. F. Compliance with the provisions of this chapter does not necessarily mitigate all impacts to the environment. Thus, compliance with this chapter should not be construed as mitigating all drainage water or other environmental impacts, and additional mitigation may be required to protect the environment pursuant to other applicable laws and regulations. The primary obligation for compliance with this chapter and for preventing environmental harm on or from property is placed upon the applicant. [Ord. 4263 § 1 (Att. A), 2022; Ord. 4044 § 1 (Att. A), 2016]. Section 18.30.050 Administration. A. Application, Submittals, and Review. 1. The director shall review all plans and all other submittals required by subsection (A)(3) of this section for compliance with this chapter when: a. An application for a city permit is required under all other chapters of this title or ECDC Title 19; or b. A subdivision application is submitted per ECDC 20.75.040. 2. In all other situations when actions under ECDC 18.30.030 apply to a project site, review shall be under a stormwater permit. 3. All stormwater review submittals shall contain, in addition to the information required under any other applicable city code, a stormwater site plan as described in the Edmonds stormwater addendum (see ECDC 18.30.060) and any other information required by the director. B. Inspections. Packet Pg. 279 7.4.a 1. The director shall inspect projects at various stages of the work to determine if they comply with the requirements of this chapter, and enforcement actions shall be taken as necessary. These inspections will include, but not be limited to, the following: a. Prior to site clearing and construction to assess site erosion potential; and b. During construction to verify proper installation and maintenance of required erosion and sediment controls and other approved plan components; and c. All permanent stormwater treatment and flow control BMPs/facilities and catch basins in new residential developments every six months until 90 percent of the lots are constructed (or when construction is stopped and the site is fully stabilized) to identify maintenance needs and enforce compliance with maintenance standards as needed; and d. Upon completion of construction and prior to final approval to ensure proper installation of permanent stormwater control facilities and verify that a maintenance plan is completed and responsibility for maintenance is assigned for stormwater treatment and flow control BMPs/facilities; and e. Post construction inspections per ECDC 18.30.090. 2. When reasonably required by the director to accomplish the purpose of this chapter or to comply with local, state or federal law or regulation on stormwater, special inspection or testing shall be performed by the applicant. C. Fees. Application, review and inspection fees as set in Chapter- 0 ECDC 15.00.020 shall be paid. [Ord. 4263 § 1 (Art. A), 2022; Ord. 4044 § 1 (Att. A), 2016]. Section 18.30.090 Post construction inspection and maintenance roles and responsibilities. Proper construction inspection and maintenance of stormwater facilities and operational and structural source control BMPs at businesses/sites is essential for the protection of the city's MS4 and the environment. A. Stormwater Maintenance and Inspection Standards. Stormwater facilities shall be inspected and maintained per the requirements of Volume I and Volume V of the SWMMWW. For systems which do not have a maintenance standard, the owner shall develop a standard based on guidelines from the manufacturer, designer, or a registered professional engineer and submit the standards to the director for approval. The purpose of the maintenance standard is to determine if maintenance is required. The maintenance standard is not a measure of the facility's required condition at all times between inspections. Exceeding the maintenance standard between inspections is not a violation of this chapter. Operational and structural source control BMPs shall be inspected per the requirements of Volume IV of the SWMMWW. B. Ownership. Stormwater facilities are either privately or publicly owned and maintained. All stormwater facilities that serve private property are private, unless an agreement between the property owner and the city states otherwise. Stormwater facilities that are privately owned by a homeowner's association or similar organization also are private. The city may offer an incentive program to owners to support the proper maintenance of private stormwater facilities. C. Public Stormwater Facilities. The city shall be responsible for operating, maintaining, repairing, and replacing public stormwater facilities as funded through the stormwater utility. D. Maintenance of Permanent Stormwater Facilities. All privately owned stormwater facilities or controls shall be maintained by the owner, or the homeowner or owner association ("owner") if one is established as part of a residential or commercial development. All private storm drainage facilities shall be regularly inspected to ensure proper operation and shall monitor the facility or control as required or as set forth in the SWMMWW. The owner shall maintain records of inspection and maintenance, disposal receipts, and monitoring results. The records shall catalog the action taken, the person who took it, the date said action was taken, how it was done, and any problems encountered or follow-up actions required. The records shall be made available to the city upon request. The owner Packet Pg. 280 7.4.a shall maintain a copy of the Stormwater Operations and Maintenance Manual (if required) on site, and shall make reference to such document in real property records filed with Snohomish County, so others who acquire real property served by the privately owned stormwater facilities or controls are notified of their obligation to maintain such facilities or controls. E. City Inspection of Private Stormwater Facilities. The city shall have the authority to periodically inspect private stormwater facilities, including LID stormwater facilities, for compliance with this chapter. F. City Inspection of Existing Businesses/Sites. The city shall have the authority to periodically inspect private businesses and sites for compliance with Minimum Requirement No. 3, Source Control of Pollution (ECDC 18.30.060(D)(3)). G. Right of Entry. An authorized representative of the city may enter private property at all reasonable times to conduct inspections, tests or to carry out other duties imposed by a state or federal program; provided, that the city makes a good faith effort to notify the property owner or person responsible for the premises prior to entering and presents proper credentials to that person. If entry is refused or cannot be obtained, the director shall have recourse to every remedy provided by law to secure entry, including, but not limited to, obtaining an administrative warrant for entry. H. Right of Entry for Illicit Discharge. In the event of an illicit discharge from a privately owned stormwater facility caused by improper maintenance or operation or other circumstance, the provisions of Chapter 7.200 ECC shall apply. I. Maintenance Responsibilities. Upon written notice by the city, a private stormwater facility shall be promptly repaired and/or brought up to applicable standards by the property owner or the person responsible for said facility. If a private stormwater facility serves multiple lots and the responsibility for maintenance has not been specified on a recorded subdivision plat, short plat, or other legal document, maintenance, operation and repair responsibility shall rest with the homeowners' association, if one exists, or otherwise with the properties served by the facility, or finally, with the owners of the property on which the facilities are located. Operational and structural source control BMPs are also required to be repaired and/or brought up to applicable standards by the property owner or the person responsible for the business/site. J. Disposal of Waste from Maintenance Activities. Disposal of waste from maintenance activities shall be conducted in accordance with the minimum functional standards for solid waste handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from storm wate stormwater maintenance activities, and where appropriate, the dangerous waste regulations, Chapter 173-303 WAC. [Ord. 4263 § 1 (Att. A), 2022; Ord. 4044 § 1 (Att. A), 2016]. Section 18.60.040 Fees. Application and inspection fees shall be as set in Chapter ECDC 15.00.020, established by the city council resolution in its sole legislative discretion. [Ord. 3485 § 1, 2004]. Section 18.70.030 Review. A. Architectural Design Board. Any application for a permit to construct, erect or maintain an awning, marquee, sign or any structure in a public place, except as otherwise allowed in subsection (C) of this section, may be referred by the planning and development director or his/her designee to the architectural design board. If referred to the board, the board shall review the plans and specifications as they relate to Chapter 20.10 ECDC. Applications for mobile street vending units shall be reviewed in accordance with ECC 4.12.055 by the architectural design board. B. Edmonds Arts Commission. Applications for an encroachment permit or a street use permit to install art in the public right-of-way shall be subject to the review and recommendation of the Edmonds arts commission. No art Packet Pg. 281 7.4.a shall be permitted in the public right-of-way except as expressly permitted herein. Artwork that is reviewed under an encroachment permit shall be exempt of the requirements of ECDC 18.70.020(B)(5), (6), (7) and (10). 1. The term "art" or "artwork" as used in this section shall refer only to a work of visual art existing in a single copy or in multiple copies of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author. 2. The term "art" or "artwork" does not include: a. Any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, database, electronic information service, electronic publication, or similar publication; b. Any merchandising item or advertising, promotional, descriptive, covering, or packaging material or container; c. Architectural details such as masonry, ironwork, or other building fixtures or materials; d. Any portion or part of any item described in subsection (13)(2)(a), (b) or (c) of this section; e. Any work not subject to copyright protection under the Visual Artists Rights Act, as codified under federal copyright law, U.S.C. Title 17, as the same exists or is hereafter amended. 3. An encroachment permit or street use permit requires determination of public benefit. The Edmonds arts commission (EAC) is mandated in Chapter 10.20 ECC to advise the city on matters pertaining to art. When the proposed encroachment or street use is art, EAC will review and make written recommendations to the public works director and city engineer for use and consideration in permit issuance. (See subsection (C) of this section.) 4. The public right-of-way is a traditional forum for public expression. By this permit program the city acknowledges that it is approving uses in a limited public forum. Art, like other exercises of First Amendment rights, may be limited by reasonable time, place and manner restrictions. In this case, these criteria will be utilized to protect the safety of the public who use the right-of-way for pedestrian or vehicular traffic and to ensure that the city provides for accessibility for the disabled. No recommendation or denial shall be based upon the content or message expressed by an artist or in a work of art as long as there is no commercial content. Applicants are encouraged to coordinate their artwork with the design of the building and the historic and pedestrian -oriented character of the downtown area. 5. Specific submission requirements for EAC review include, but are not limited to: a. Site plan sketch showing locations of artwork; b. Minimum one -quarter -inch scale rendering of the art concept or art component, including at least one elevation showing the art in context or comparable photographs of actual artwork in context; c. Material/color samples; d. Model (optional); e. Written proposal• seven eopies of w -44e proposal eight aaa e lialf by " ineh f ,.. at to include: t el'a o i. A description and summary of a final design proposal for the artwork for the proposed project; ii. Detailed maintenance requirements; iii. Schedule for development, fabrication, and completion; Packet Pg. 282 7.4.a iv. Artists' resume/background; v. Evidence of assumption of liability by applicant or designee. For proposal to be reviewed at next scheduled EAC meeting, a complete submission of all requirements must be received a minimum of 10 days prior to the date of the meeting. Additional requirements may be requested based on staff input or information sought by EAC members. 6. Review Criteria. Art in public places may be art standing alone, modifiers or definers of space, functional, or used to establish identity. The use of art as an integral part of the structure and function of building is encouraged, e.g., the interpretation of light fixtures, benches, hardware, doors, surface finishes, walkways, gates, and other features with the artwork or as a part of the artwork, although only some of these elements would occur in the public right-of-way. The criteria for review of encroachment or street use review artwork submissions are as follows: a. Constructability of proposed artwork. No artwork shall impair disabled accessibility and barrier -free design requirements. b. Artist's credentials and recognition. c. Durability and craftsmanship in fabrication and production quality. Quality of the work is a high priority. d. Due consideration shall be given to the structural and surface soundness of artworks and to their permanence, including ability to withstand age, theft, vandalism, weathering, and maintenance and possible related repair costs. Careful consideration shall be given to the materials used and the appropriateness of those materials for the conditions of the site. e. Coordination of the artwork with the design of the building and the historic and pedestrian -oriented character of the downtown area is encouraged. f. Maintenance/conservation plan. g. Relationship to other existing artwork in vicinity. h. No Commercial Content. Artwork shall not be used as signage (see definition of signage). C. Issuance by the Planning and Development Director or City Engineer. The planning and development director, city engineer or their respective designee may administratively, without hearing, approve a street use or encroachment permit if: 1. The proposed use shall not interfere with vehicular or pedestrian traffic, including but not limited to the following requirements: a. No portion of the public right-of-way designed and intended for vehicular traffic or parking shall be permanently occupied; b. Requirements of the State Building Code, including but not limited to all provisions relating to disabled accessibility and barrier -free design requirements shall be met; c. Any mobile vending units shall be properly licensed pursuant to Chapter 4.12 ECC; d. Permit application fees have been paid (see ECDC 18.70.050); e. A "clear zone" must be maintained on public sidewalks or walkways. A clear zone refers to an area seven feet in height and five feet in width providing a level, safe walking surface along the public Packet Pg. 283 7.4.a sidewalk. Clear zone on sidewalks shall not include any curbing, planting strips or ramps. For tables and chairs placed in the public right-of-way, the clear zone can be reduced to four feet in width in front of obstacles (trees, street lights, sign posts, etc.); f. All temporary objects shall be removed from the right-of-way on 24 hours' notice to accommodate public events. Temporary objects are subject to removal in the event of an emergency; and g. All temporary objects, excluding approved awnings, and wall signs, that project more than 36 inches into the right-of-way shall be removed each day at the close of business. 2. Exclusive Sidewalk Dining. In an effort to enhance street life of the city and serve both an economic development purpose as well as enhance the livability of the city's urban core, exclusive sidewalk dining shall be allowed pursuant to ECDC 17.70.040. a. For purposes of this section the following terms are defined as: i. "Exclusive sidewalk dining" shall refer to a properly zoned and licensed food or beverage service establishment that uses the public right-of-way to serve only its customers at the exclusion of the general public. ii. "Barrier" shall refer to any temporary object or objects (e.g., stanchion, rope, markers) used to establish an exclusive bistro and outdoor dining area. Barriers shall be approved by the city engineer. b. All conditions and requirements set forth in this chapter have been met and adequate compensation for the exclusive use of the public right-of-way and applicant fees pursuant to ECDC 18.70.050 have been paid. c. All barriers, with the exception of markers and marking, shall be removed each day from the right-of-way at the close of business. d. The design and use shall comply with all requirements of state law, city ordinance and city policy including but not limited to: i. Washington State Liquor and Cannabis Board (WSLCB) and Snohomish County health division (SCHD). When applicable, the business shall provide a written approval from the WSLCB and/or SCHD for use of public rights -of -way; ii. ECDC 17.70.040, exclusive sidewalk dining; and iii. All litter and nuisance regulations, including but not limited to RCW 70.93.060 and Chapter 6.40 ECC. 3. The design board has reviewed and approved any proposal which includes a request to construct, erect or maintain an awning, building, sign or any building or structure, except as otherwise allowed in subsection (C) of this section; 4. The proposal will not unreasonably interfere with the rights of the public; and 5. The proposal (if for an encroachment permit) either benefits the public interest, safety or convenience (e.g., supports or protects the city street, reduces pedestrian hazards) or is an accessory structure such as a fence normally associated with residential use of the property and fully complies with the requirements of subsections (13)(1) through (3) of this section. D. Bay Windows, Decks, and Related Architectural Features. In an effort to allow for more creative designs and a better overall appearance in the downtown area, bay windows, decks, and related architectural features may encroach into the public right-of-way within the central business district or any other zone in which no setback from the lot line is required, subject to the following requirements: Packet Pg. 284 7.4.a 1. All conditions and requirements set forth in this chapter have been met and adequate compensation has been paid; 2. The encroachment shall not occur over alleys; 3. The building encroachment shall not project more than two feet (24 inches) into the right-of-way; 4. The encroachment shall not exceed 30 percent of the length of the facade on any one side of the building; 5. The encroachment shall provide for a minimum clearance height of eight feet over any pedestrian right-of-way and a minimum clearance height of 11 feet over any vehicular right-of-way, whichever is greater; 6. The encroachment shall be approved by the architectural design board as contributing to a modulated facade design which enhances the variation and appearance to the public of the overall building design and public streetscape. E. Appeal. The decision of the planning and development director, city engineer, or their respective designees may be appealed to the hearing examiner as a Type II proceeding under the procedures set forth in Chapter 20.06 ECDC; provided, however, that the establishment of compensation for use of the public right-of-way is a legislative decision of the city council and is not subject to judicial review. F. Awnings and Canopies. Consistent with ECDC 22.43.040, awnings and canopies, whether architectural or temporary, may encroach into the public right-of-way within the central business district or any other zone in which no setback from the lot line is required, subject to the following: 1. The awning or canopy shall provide a minimum clearance height of eight feet above the walking surface, not to exceed 15 feet at its highest point. 2. Awning and canopy projection over the right-of-way shall be determined as follows; provided, that no awning or canopy shall project within two feet of the street curb (measured from the back of curb): Sidewalk Width Minimum Projection Less than 8 feet 5 feet 8 feet or greater 6 feet 3. Awnings and canopies shall not be constructed at a location or in a manner that will obstruct, obscure, or interfere with any streetlight, flower pole, utility pole or appurtenance, street tree, or any transportation -related sign, signal, or traffic control device. 4. All awning and canopy designs shall meet the above criteria, unless otherwise approved by the city engineer G. Insurance Requirement. When the application is for use or encroachment onto a public right-of-way including but not limited to streets, roads, alleys, trails, sidewalks, bike paths, pedestrian easements, and any other easement intended for the use of the public, the applicant who operates a business or commercial operation shall be required to provide and continually maintain during the term of the permit a certificate of insurance naming the city as an additional insured, with respect to liability, and providing that it shall be primary as to any other policy of insurance. The policy must contain the additional insured statement, coverage amounts and cancellation notification indicated on the sample insurance form provided by the city. In addition, a business and commercial applicant as well as all residential or nonprofit applicants shall sign a covenant to hold harmless and indemnify the city which will be recorded and run with the land in a form approved by the city attorney. H. Nothing herein shall be interpreted to permit the base or ground support for any sign to be located upon or attached to the ground within the public right-of-way. [Ord. 4299 § 32 (Exh. A), 2023; Ord. 4244 § 1 (Exh. A), 2022; Ord. 4243 § 1 (Exh. A), 2021; Ord. 4209 § 1 (Exh. A), 2020; Ord. 3790 § 1, 2010]. Packet Pg. 285 7.4.a Section 18.80.060 Driveway and curb cut requirements. A. Permit Required. No person shall begin work on the construction alteration, repair or removal of any driveway or the paving of any parking strip on any or adjacent to any street, alley or other public place in the city, without first obtaining a permit from the public works director. Fees shall be as set forth in Chapter-00 ECDC 15.00.020. B. Location. 1. No driveway shall be so located as to create a hazard to pedestrians, bicyclists or motorists or invite or compel illegal or unsafe traffic movements. 2. Unless otherwise approved by the public works director, all driveways including the returns shall be confined within lines perpendicular to the curb line and passing through the property corners. 3. No driveway shall be constructed in such a manner as to be a hazard to any existing street lighting standard, utility pole, traffic regulating device, or fire hydrant. The cost of relocating any such street structure when necessary to do so shall be paid by the abutting property owner. The relocation of any street structure shall be allowed only on approval of the person owning the structure involved. 4. On private property every driveway must provide access to parking structures or access specifically designated for parking purposes requiring the entrance of vehicles. 5. Downtown Business Area. Within the downtown business area of the city as defined in ECDC 17.50.070, vehicular access shall be provided from alleyways for all on -site parking whenever it is practically and reasonably available. No curb cut shall be approved where there is vehicular access to a lot in the downtown area from an existing alleyway unless the applicant demonstrates by substantial evidence that: a. One of the following conditions exist: i. No alleyway exists which would provide reasonable vehicular access to the subject property; or ii. Access from an existing alleyway would substantially impair reasonable access to an abutting public street or utility because of circumstances related to site size, topography or orientation; or iii. Access can be provided from an existing or relocated driveway or curb cut in a manner which preserves or enhances street parking; or iv. Providing access from a point other than the alley would promote traffic safety, or otherwise better promote the purposes of the transportation element of the comprehensive plan. b. The application complies with all other criteria of the community development code. c. In such cases, the city engineer may then consider use of an existing common driveway or other alternative. Only when no other reasonable alternative exists for access to a property will a curb cut be approved which results in the loss of existing on -street parking. No more than one access point per lot will be permitted in the downtown business area. The city engineer's decision to approve alternative access shall be processed as a Type II project permit application and decision (see Chapter 20.01 ECDC). C. Size and Number. Except as otherwise provided, the width of any residential driveway shall not exceed 20 feet exclusive of the radii of the turns, with such measurement being made parallel with the center line of the street. Driveway approaches shall extend from the edge of the existing street a distance of 20 feet or to the edge of the property line, whichever is greater. Approaches shall be constructed of asphalt concrete pavement or an equivalent approved by the city engineer. The standard width for commercial and other nonresidential streets shall be 30 feet. At the application of the applicant or the city engineer, additional width in excess of the established standard may be approved as a staff decision to a maximum width of 40 feet. Such decision shall be made only after notice as a Type II project permit application and decision (see Chapter 20.01 ECDC). Such application shall be approved only if. (a) it conforms to the provisions of the comprehensive plan; (b) is found to be in the public interest when the needs of the applicant are reviewed and balanced in light of the benefits to the general public and the impacts, if any, on the immediate neighborhood; and (c) is consistent with or enhances public safety and will not create a hazard to Packet Pg. 286 7.4.a vehicular, pedestrian or bicycle traffic. The public works director may authorize additional residential driveway width for three -car garages and for access driveways necessary for off-street parking or recreational vehicles. D. Driveway Slopes. 1. Driveway slopes shall not exceed 14 percent unless authorized by the public works director in accordance with the criteria set forth below. The decision of the public works director shall be made only after notice as a Type II project permit application and decision. (See Chapter 20.01 ECDC.) 2. The public works director may authorize driveway slopes to exceed 14 percent up to a maximum of 20 percent if he determines that: a. The driveway is the only economical and environmentally reasonable alternative; b. The driveway will not present a traffic, pedestrian, bicycle or safety hazard or otherwise negatively impact public safety; c. The police and fire chief concur in allowing the increased driveway slope; and d. The public health, safety and general welfare will not be adversely affected. 3. The decision of the public works director shall be in writing and placed in the appropriate city file pursuant to a signed, written statement of finding and conclusions for authorizing the driveway slope to exceed 14 percent. The statement shall also contain the maximum slope authorized up to 20 percent. 4. The decision of the public works director shall be processed as a project permit application and shall be appealable as a Type II appeal under the procedures in Chapter 20.06 ECDC. [Ord. 3788 § 11, 2010; Ord. 3736 §§ 31, 32, 2009; Ord. 3302 § 1, 2000; Ord. 3132 § 1, 1997; Ord. 2713, 1989]. Section 19.00.025 International Building Code section amendments. The following sections of the IBC are hereby amended as follows: A. Section 101.4.3, Plumbing, is amended to read: The provisions of the Uniform Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. B. Section 101.4.6, Energy, is amended to read: The provisions of the Washington State Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency. C. Section 104.3, Notices and Orders, is amended to read: The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code. D. Section 105.1.1, Annual Permit, is deleted. E. Section 105.1.1, Demolition Permits, is added and shall read: Packet Pg. 287 7.4.a Before the partial or complete demolition of any building or structure (interior or exterior), a demolition permit shall be obtained from the building official. The permit fee is established pursuant to Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in an amount to be determined by the building official to satisfy all city requirements no later than 180 days after the issuance of the permit. The demolition performance bond or frozen fund shall not be released until the building official determines the following requirements have been completed: 1. Cap Abandoned Sanitary Sewers. Septic tanks shall be pumped, collapsed and removed and/or filled with earth, sand, concrete, CDF or hard slurry. 2. Knock Down of Concrete Foundation Walls, Porches, Chimneys and Similar Structures. Concrete, bricks, cobbles and boulders shall be broken to less than 12-inch diameter. Debris left on site shall conform to IBC Section 1804.2 for clean fill. 3. Construction debris, vegetation, and garbage attributable to the demolition shall be removed from the site and from unopened street right-of-way within 30 days of written notice. No debris of any kind may be placed or maintained on street right-of-way (including alleys) without a permit issued pursuant to Chapter 18.60 or 18.70 of the Edmonds Community Development Code. 4. Repair of any damage to, and restoration of, any public property to substantially original conditions, i.e., alley, street, sidewalk, landscaping, water, sewer, storm and other utilities, rockeries, retaining walls, etc, in accordance with this code and the City's engineering requirements. 5. Grading of Site Back to Original Topography Grades. Basements shall be filled and compacted to 90 percent as verified by a special inspector. "Structural fill" is defined as any fill placed below structures, including slabs, where the fill soils need to support loads without unacceptable deflections or shearing. Structural fill shall be c lean and free draining, placed above unyielding native site soils and compacted to a minimum of 90 percent modified proctor, per ASTM D1557. 6. Temporary erosion control shall be installed and maintained per Chapter 18.30 ECDC. F. Section 105.1.2, Annual Permit Records, is deleted. G. Section 105.2, Work Exempt From Permit, is replaced as follows: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. It is the applicant's responsibility to comply with bulk zoning code standards per ECDC Title 16 andstefm ei stormwater management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless required by the provisions of ECDC Title 23 or limited or prohibited by the provisions of Chapter 19.10 ECDC: 1. Building (general): (a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (including the exterior wall or post) does not exceed 120 square feet, with a maximum eave of thirty (30) inches. (b) Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30 ECDC. (c) Movable cases, counters and partitions not over five (5) feet nine (9) inches high. Packet Pg. 288 7.4.a (d) Retaining walls 4 feet (1,219 mm) in height or less measured vertically from the finished grade at the exposed toe of the retaining wall to the highest point in the wall, unless: i. Supporting a surcharge; or ii. Impounding Class I, II, III -A liquids; or iii. Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. (e) Rockeries. Construction of rockeries is limited as specified elsewhere in this code. (f) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two (2) to one (1). (g) Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 ECDC. (h) Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work provided that existing, required accessible features are not altered. (i) Temporary motion picture, television and theater stage sets and scenery. 0) Shade cloth structures constructed for nursery or agricultural purposes. (k) Prefabricated swimming pools accessory to an occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed 5,000 gallons. Hot tubs and spas less than 5,000 gallons, completely supported by the ground. (1) Grading less than fifty (50) cubic yards (placed, removed or moved within any 365-day period) unless subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. (m) Repair of appliances which do not alter original approval, certification, listing or code. (n) Replacement or adding new insulation with no drywall removal or placement. (o) Replacement or repair of existing gutters or downspouts. (p) The following types of signs are exempt from permit requirements except that dimensional size and placement standards shall comply with Chapter 20.60 ECDC: i. Replacing the panel on a previously permitted existing wall cabinet or pole sign, ii. Repainting an existing previously permitted wood sign, iii. Painted or vinyl lettering on storefront windows, iv. Governmental signs, campaign signs, official public notices, and signs required by provision of local, state, or federal law, v. Temporary signs announcing the sale or rent of property and other temporary signs as described in ECDC 20.60.080, vi. Signs erected by the transportation authorities, and temporary seasonal and holiday displays. 2. Mechanical: (a) Portable heating, ventilation, cooling, cooking or clothes drying appliances. Packet Pg. 289 7.4.a (b) Replacement of any part that does not alter approval of equipment or make such equipment unsafe. (c) Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. (d) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. (e) Portable evaporative cooler. (f) Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or that are actuated by motor of one (1) horsepower or less. 3. Plumbing: (a) The stopping of leaks in drains, water, soil, waste or vent pipe, provided that the replacement of defective material shall be done with new material and a permit obtained and inspection made. (b) Reinstallation or replacement of approved prefabricated plumbing fixtures that do not involve or require the replacement or rearrangement of valves or pipes. 4. Residential permit exemptions: In addition the following exemptions apply for single family dwellings: (a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (including the exterior wall or post) does not exceed 200 square feet, with a maximum eave of twelve (12) inches and maximum height of fifteen (15) feet. Vehicle storage structures, such as garages and carports, are not exempted. (b) Window awnings supported by an exterior wall and do not project more than fifty-four (54) inches from the exterior wall and do not require additional support. (c) Sport courts less than 2,000 square feet. (d) Dock repair of individual decking members. ECDC Title 24 provisions shall apply. (e) Replacement or repair of existing exterior siding. (f) Replacement or repair of existing windows or doors provided; no alteration of structural members is required, safety glazing is provided where required, glazing U-value meets prescriptive requirements of the energy code, fall protection is provided where required, and egress requirements are maintained. (g) Minor like -for -like drywall repairs not involving fire -rated assemblies. (h) Replacement or repair of decking, or individual joists, stair treads, or intermediate rails. (i) Uncovered platforms, decks, patios that are not more than thirty (30) inches above grade (measured vertically to the grade below at any point within 36 inches of the outer edge of the deck). 0) Canopies, as defined in ECDC 17.70.035, accessory to a single family dwelling, with a floor area measured to the exterior wall or post not to exceed 200 square feet, for covered storage, carport or similar use. Packet Pg. 290 7.4.a (k) Reroof overlays. Overlays are not permitted over slate, clay or cement tiles, or where the existing roof has two or more applications of any type of roofing. H. Section 105.3.2, Time Limitation of Permit Application, is amended to read: 1. Applications, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. 2. The building official may extend the time for action by the applicant for a period not exceeding 180 days prior to such expiration date. 3. No application shall be extended more than once for a total application life of 360 days except as allowed within this section. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. 4. The Building Official may extend the life of an application if any of the following conditions exist: (a) Compliance with the State Environmental Policy Act is in progress; or (b) Any other City review is in progress; provided, the applicant has submitted a complete response to City requests or the Building Official determines that unique or unusual circumstances exist that warrant additional time for such response and the Building Official determines that the review is proceeding in a timely manner toward final City decision; or (c) Litigation against the City or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application. I. Section 105.3.3, Fully Complete Application, is added and reads: In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant's rights shall vest when a fully complete building permit application is filed. A fully complete building permit application is an application executed by the owners of the property for which the application is submitted or the duly authorized agent(s) for such owners, containing each and every document required under the terms of these ordinances and the IBC and is substantially complete in all respects. It is anticipated that minor changes or revisions may be required and are frequently made in the course of any building application review process, and such minor revisions or changes shall not keep an application from being deemed complete if a good faith attempt has been made to submit a substantially complete application containing all required components. Where required, the application and supporting documents shall be stamped and/or certified by the appropriate engineering, surveying or other professional consultants. A fully complete building permit application shall be accompanied by all required intake fees, including but not limited to plan review fees required under the provisions of this chapter and code. J. Section 105.3.4, Concurrent Review, is added and reads: An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing; provided, that any building permit application submitted concurrently with an application for discretionary permit or approvals shall not be considered complete unless the applicant submits a signed statement, on a form approved by the director, which acknowledges that the building permit application is subject to any conditions or requirements imposed pursuant to the review and approval of any necessary or required discretionary permit or approvals. The Packet Pg. 291 7.4.a applicant shall solely bear the risk of building permit submittal with discretionary permit approval. If, after discretionary approval, the building permit plans are modified or amended to comply with conditions or restrictions required by any discretionary permit or approval, the applicant shall be solely responsible for any and all costs which result therefrom, including but not limited to additional full plan review fees; provided further, that any applicant -initiated changes made after the original plan review is complete shall also require payment of full plan review fees. K. Section 105.5, Permit Expiration and Extension, is amended to read: 1. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after issuance, except as provided in ECDC 19.00.025I(2). 2. The following permits shall expire by limitation, 180 days after issuance and may not be extended, unless they are associated with a primary building permit for a larger construction project, in which case they may run with the life of the primary permit: Demolition permits; Permits for Moving Buildings required by Chapter 19.60 ECDC; Mechanical permits; Tank removal, tank fill, or tank placement permits; Grading, excavation and fill permits; Water service line permits; Plumbing permits; Gas piping permits; Deck and dock permits; Fence permits; Re -roof permits; Retaining wall permits; Swimming pool, hot tub and spa permits; Sign permits; Shoring permits; Foundation permits. 3. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one quarter the original building permit fee to extend the permit. 4. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector after the previous extension, the permit Packet Pg. 292 7.4.a shall be extended. Permit fees shall be charged at a rate of one quarter the original building permit fee to extend the permit. 5. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or Building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.06.030 the time limit periods imposed under this section shall also be stayed until final decision. 6. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and Building codes have occurred since the original issuance of the permit and/or modifications or amendments would significantly promote public health and safety if applied to the project through the issuance of a new permit. L. Repealed by Ord. 3926. M. Section 107.3.3, Phased Approval, is amended to read: 1. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided architectural design board approval has been granted and a fully complete permit application for the entire building or structure has been submitted for review. 2. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to: curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. 3. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the improvements. N. Section 113, Board of Appeals, is deleted and replaced by Chapter 19.80 ECDC. O. Section 202, the definition of HIGH-RISE BUILDING, is amended to read: HIGH-RISE BUILDING. A building with an occupied floor or rooftop located more than 75 feet (22,860 mm) above the lowest level of fire department vehicle access. P. Section 502.1, Address Identification, is amended to read: Approved numbers or addresses shall be installed by the property owner for new and existing buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers on the building shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. Where public or private access is provided and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. This means of premises identification does not preclude approved identification also affixed to structure. Q. Section 903.2 is amended to read: Packet Pg. 293 7.4.a Where Required. Approved automatic fire sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.13. R. Section 903.2.13 is added to read: Automatic fire sprinkler systems shall be provided as required by ECDC 19.25.035A. S. Section 903.3.7 is amended to read: Fire department connections shall be installed in accordance with Section 912 and ECDC 19.25.035B. T. Section 907.2 is amended to read: Where required —New buildings and structures. An approved fire alarm system installed in accordance with this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.24 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code. U. Section 907.2.24 is added to read: Fire alarm and detection system shall be provided as required by ECDC 19.25.035C. V. Section 1608.1, General, is amended to read: Design snow loads shall be determined in accordance with Chapter 7 of ASCE 7, but the design roof load shall not be less than that determined by Section 1607, or 25 pounds per square foot, whichever is greater. W. Section 3108.1.1, Radio, Television and Cellular Communication Related Equipment and Devices, is added and reads: A permit shall be required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, whip antennas, panel antennas, parabolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment shelters. X. Section 3109.2, Applicability and Maintenance, is added and reads: 1. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code. 2. It is the responsibility of the owner to maintain a swimming pool, hot tub or spa in a clean and sanitary condition and all equipment shall be maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry and/or not maintained in a clean and sanitary condition or its equipment in accord with manufacturers recommendations shall be determined to be a hazard to health and safety and shall be properly mitigated to the satisfaction of the building official. Y. Section 3109.3, Location and Setbacks, is added and reads: Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. 1. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory structures. Packet Pg. 294 7.4.a 2. All other accessory buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. Z. Section 3109.4, Tests and Cross -Connection Devices, is added and reads: 1. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed. 2. Washington State Department of Health approved cross connection devices are required to be provided on potable water systems when used to fill any swimming pool, hot tub or spa. AA. Section 3109.5, Wastewater Disposal, is added and reads: A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director. 1. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub -soil drain. 2. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system. BB. Section 3109.9, Inspection Requirements, is added and reads: The appropriate city inspector shall be notified for the following applicable inspections: 1. Footing, wall, pre -form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. 2. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval. 3. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval. CC. Appendix E, Accessibility Requirements, is amended by deleting Sections E107, E108, El 10 and El 11. DD. Appendix H, Signs, is amended as follows: 1. Section H101.2, Signs exempt from permits, is replaced by subsection (E)(1)(p) of this section. 2. Section H101.2.1, Prohibited signs, is added and reads as follows: a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 ECDC. c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. Packet Pg. 295 7.4.a d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090. 3. Sections H104, Identification, H106.1.1, Internally illuminated signs, H107, Combustible materials, H108, Animated devices, H109.1, Height restrictions, and H110, Roof signs, are deleted. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4199 § 4 (Att. D), 2020; Ord. 4154 § 9 (Att. D), 2019; Ord. 4111 § 2 (Exh. 2), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 4026 § 2 (Att. B), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3845 § 6, 2011; Ord. 3796 § 1, 2010]. Section 19.07.110 Variance. A. General. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted by the city's floodplain administrator for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the city of Edmonds to help protect its ^fin residents from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the base flood elevation are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. B. Requirements for Variances. 1. Variances shall only be issued: a. Upon a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; b. For the repair, rehabilitation, or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure; c. Upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, d. Upon a showing of good and sufficient cause; e. Upon a determination that failure to grant the variance would result in exceptional hardship to the applicant; f. Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in ECDC 19.07.020 in the definition of "Functionally dependent use." 2. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the BFE, provided the provisions of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. Packet Pg. 296 7.4.a C. Variance Criteria. In considering variance applications, the floodplain administrator shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9. The safety of access to the property in time of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, water system, and streets and bridges. D. Additional Requirements for the Issuance of a Variance. 1. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: a. The issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance coverage; and b. Such construction below the BFE increases risks to life and property. 2. The floodplain administrator shall maintain a record of all variance actions, including justification for their issuance. 3. The floodplain administrator shall condition the variance as needed to ensure that the requirements and criteria of this chapter are met. 4. Variances as interpreted in the NFIP are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare. E. Appeals. Appeals of a variance from the provisions of this chapter shall be appealable in accordance with Chapter 19.80 ECDC. [Ord. 4199 § 1 (Att. A), 2020]. Packet Pg. 297 7.4.a Section 20.05.020 General requirements. A. Review. The hearing examiner shall review and decide on conditional use permit applications as Type III-B decisions as set forth in ECDC 20.01.003. B. Appeals. The hearing examiner decisions on conditional use permit shall be appealable to the city council in accordance with Chapter 20.06 ECDC. C. Time Limit. Unless the owner obtains a building permit or, if no building permit is required, substantially commences the use allowed within one year from the date of approval, the conditional use permit shall expire and be null and void, unless the owner files an application for an extension of time before the expiration date. D. Review of Extension Application. An application for any extension of time shall be reviewed by the amity development dire,.to planning and development director as a Type II decision. E. Location. A conditional use permit applies only to the property for which it has been approved and may not be transferred to any other property. F. Denial. A conditional use permit application may be denied if the proposal cannot be conditioned so that the required findings can be made. [Ord. 4154 § 12 (Att. D), 2019; Ord. 3783 § 7, 2010; Ord. 3775 § 7, 2010; Ord. 3736 § 37, 2009; Ord. 2270 § 1, 1982]. Section 20.12.020 Design review by the architectural design board. A. Public Hearing — Phase 1. Phase 1 of the public hearing shall be scheduled with the architectural design board (ADB) as a public meeting. Notice of the meeting shall be provided according to the requirements of ECDC 20.03.003. This notice may be combined with the formal notice of application required under ECDC 20.03.002, as appropriate. 1. The purpose of Phase 1 of the public hearing is for the ADB to identify the relative importance of design criteria that will apply to the project proposal during the subsequent design review. The basic criteria to be evaluated are listed on the design guidelines checklist contained within the design guidelines and this chapter. The ADB shall utilize the urban design guidelines and standards contained in the relevant city zoning classification(s), any relevant district -specific design objectives contained in the comprehensive plan, and the relevant portions of this chapter and Chapter 20.13 ECDC, to identify the relative importance of design criteria; no new, additional criteria shall be incorporated, whether proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. 2. Prior to scheduling Phase 1 of the public hearing, the applicant shall submit information necessary to identify the scope and context of the proposed development, including any site plans, diagrams, and/or elevations sufficient to summarize the character of the project, its site, and neighboring property information. At a minimum, an applicant shall submit the following information for consideration during Phase 1 of the public hearing: a. Vicinity plan showing all significant physical structures and environmentally critical areas within a 200-foot radius of the site including, but not limited to, surrounding building outlines, streets, driveways, sidewalks, bus stops, and land use. Aerial photographs may be used to develop this information. b. Conceptual site plan(s) showing topography (minimum two -foot intervals), general location of building(s), areas devoted to parking, streets and access, existing open space and vegetation. All concepts being considered for the property should be submitted to assist the ADB in defining all pertinent issues applicable to the site. c. Three-dimensional sketches, photo simulations, or elevations that depict the volume of the proposed structure in relation to the surrounding buildings and improvements. 3. During Phase 1 of the public hearing, the applicant shall be afforded an opportunity to present information on the proposed project. The public shall also be invited to address which design guidelines checklist criteria Packet Pg. 298 7.4.a from ECDC 20.12.070 they feel are pertinent to the project. The Phase 1 meeting shall be considered to be a public hearing and information presented or discussed during the meeting shall be recorded as part of the hearing record. 4. Prior to the close of Phase 1 of the public hearing, the ADB shall identify the specific design guidelines checklist criteria — and their relative importance — that will be applied to the project during the project's subsequent design review. In submitting an application for design review approval under this chapter, the applicant shall be responsible for identifying how the proposed project meets the specific criteria identified by the ADB during Phase 1 of the public hearing. 5. Following establishment of the design guidelines checklist, the public hearing shall be continued to a date certain, not exceeding 120 days from the date of Phase 1 of the public hearing. The continuance is intended to provide the applicant with sufficient time to prepare the material required for Phase 24 of the public hearing, including any design or redesign needed to address the input of the public and ADB during Phase 1 of the public hearing by complying with the prioritized checklist. 6. Because Phase 1 of the public hearing is only the first part of a two-part public hearing, there can be no appeal of the design decision until Phase 2 of the public hearing has been completed and a final decision rendered. B. Continued Public Hearing — Phase 2. 1. An applicant for Phase 2 design review shall submit information sufficient to evaluate how the project meets the criteria identified by the ADB during Phase 1 of the public hearing described in subsection (A) of this section. At a minimum, an applicant shall submit the following information for consideration during Phase 2 of the public hearing: a. Conceptual site plan showing topography (minimum two -foot intervals), general layout of building, parking, streets and access, and proposed open space. b. Conceptual landscape plan, showing locations of planting areas identifying landscape types, including general plant species and characteristics. c. Conceptual utility plan, showing access to and areas reserved for water, sewer, storm, electrical power, and fire connections and/or hydrants. d. Conceptual building elevations for all building faces illustrating building massing and openings, materials and colors, and roof forms. A three-dimensional model may be substituted for the building elevation(s). e. If more than one development concept is being considered for the property, the submissions should be developed to clearly identify the development options being considered. f. An annotated checklist demonstrating how the project complies with the specific criteria identified by the ADB. g. Optional: generalized building floor plans may be provided. 2. Staff shall prepare a report summarizing the project and providing any comments or recommendations regarding the annotated checklist provided by the applicant under subsection (B)(1)(f) of this section, as appropriate. The report shall be mailed to the applicant and ADB, at least one week prior to the public hearing. 3. Phase 2 of the public hearing shall be conducted by the ADB as a continuation of the Phase 1 public hearing. Notice of the meeting shall be provided according to the requirements of Chapter 20.03 ECDC. During Phase 2 of the public hearing, the ADB shall review the application and identify any conditions that the proposal must meet prior to the issuance of any permit or approval by the city. When conducting this review, the ADB shall enter the following findings prior to issuing its decision on the proposal: Packet Pg. 299 7.4.a a. Zoning Ordinance. The proposal meets the bulk and use requirements of the zoning ordinance, or a variance or modification has been approved under the terms of this code for any duration. The finding of the staff that a proposal meets the bulk and use requirements of the zoning ordinance shall be given substantial deference and may be overcome by clear and convincing evidence. b. Design Objectives. The proposal meets the relevant district -specific design objectives contained in the comprehensive plan. c. Design Criteria. The proposal satisfies the specific checklist criteria identified by the ADB during Phase 1 of the public hearing under subsection (A) of this section. When conducting its review, the ADB shall not add or impose conditions based on new, additional criteria proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. 4. Project Consolidation. Projects may be consolidated in accordance with RCW 36.70B.110 and the terms of the Edmonds Community Development Code. C. Effect of the Decision of the ADB. The decision of the ADB described in subsection (B) of this section shall be used by staff to determine if a project complies with the requirements of these chapters during staff review of any subsequent applications for permits or approvals. The staff s determination shall be purely ministerial in nature and no discretion is granted to deviate from the requirements imposed by the ADB and the Edmonds Community Development Code. The staff process shall be akin to and administered in conjunction with building permit approval, as applicable. Written notice shall be provided to any party of record (as developed in Phases 1 and 2 of the public hearing) who formally requests notice as to: 1. Receipt of plans in a building permit application or application for property development as defined in ECDC 20.10.020; and 2. Approval, conditioned approval or denial by staff of the building permit or development approval. [Ord. 4302 § 4 (Att. A), 2023; Ord. 3817 § 10, 2010; Ord. 3736 §§ 43, 44, 2009; Ord. 3636 § 3, 2007]. 20.15A.220 SEPA decisions — Substantive authority. A. The city may attach conditions to a permit or approval for a proposal so long as: 1. Such conditions are necessary to mitigate specific probable adverse environmental impacts clearly identified in an environmental document prepared pursuant to this chapter; and 2. Such conditions are in writing; and 3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and 4. The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and 5. Such conditions are based on one or more policies in subsection (C) of this section or ECDC 20.15A.230 and cited in the permit, approval, license or other decision document. B. The city may deny a permit or approval for a proposal on the basis of SEPA so long as: 1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final EIS or final supplemental EIS prepared pursuant to this chapter; and 2. A finding is made that there are no reasonable mitigation measures sufficient to mitigate the identified impact; and 3. The denial is based on one or more policies identified in subsection (C) of this section or in ECDC 20.15A.230 and identified in writing in the decision document. Packet Pg. 300 7.4.a C. The city designates and adopts by reference the following policies as the basis for the city's exercise of authority pursuant to this section: 1. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its e-ilizen residents may: a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings; c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; d. Preserve important historic, cultural, and natural aspects of our national heritage; e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice; f. Achieve a balance between population and resource use which will permit high standards of living and wide sharing of life's amenities; and g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. 2. The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. [Ord. 3818 § 1, 2010]. Section 20.15A.290 Fees. A. The city shall require the following fees for its activities in accordance with the provisions of this chapter: 1. Threshold Determination. For every environmental checklist the city reviews as lead agency, the city shall collect a fee set by Chapter-ECDC 15.00.020 from the proponent of the proposal prior to undertaking the threshold determination. This fee may be waived as provided therein. The time periods provided by this chapter from making a threshold determination shall not begin to run until fee has been paid or waived in writing by the responsible official. When the city assists the applicant or completes the environmental checklist at the applicant's request under ECDC 20.15A.120(C), an additional fee equal to the estimated actual cost of providing the assistance shall be collected. 2. Environmental Impact Statement. a. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred, including overhead, by the city in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation. b. The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the city and applicant after a call for proposals. c. The applicant shall pay the projected amount to the city prior to commencing work. The city will refund the excess, if any, at the completion of the EIS. If the city's cost exceeds the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the Packet Pg. 301 7.4.a responsible official shall refund any fees collected under subsection (13)(1) or (2) of this section which remain after incurred costs, including overhead, are paid. 3. The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant's proposal. 4. The city shall not collect a fee for performing its duties as a consulted agency. 5. The city may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. [Ord. 3818 § 1, 2010]. Section 20.16.080 Decision criteria — EPFs proposed by a regional agency with jurisdiction. An application for conditional use permit approval for an essential public facility proposed by a regional agency with jurisdiction shall additionally or alternatively, as applicable, comply with the following site decision criteria: A. The project sponsor has established that it is a regional agency with jurisdiction. For the purpose of this chapter, "jurisdiction" shall mean within the boundaries of a regional agency's legal and physical jurisdiction as determined by the laws of the state of Washington or its charter. A claim of jurisdiction based upon service area shall meet the following criteria: 1. The project must serve a significant share of the Edmonds population or a significant portion of the land area of the city of Edmonds must lie within the regional agency service area; and 2. The proposed site must reasonably serve the project's overall service population and the service population or service area lying within the city of Edmonds. B. The site has been designated through a collaborative process which involved representatives of the city of Edmonds, duly appointed by the city, and through a public hearing process which was reasonably calculated to reach the eitize esidents of the city of Edmonds. [Ord. 3572 § 1, 2005; Ord. 3474 § 1, 2003]. Section 20.18.010 Purpose. The purpose of this chapter is to provide an informational process supplemental to state licensing and regulatory procedures to inform the ^residents of residential neighborhoods when group homes are established and operated within their boundaries. [Ord. 3184 § 3, 1998]. Section 20.30.020 Review. The conunt it y development dire^*^r planning and development director shall review applications for joint use of parking as a Type II decision (Staff decision — Notice required) using the criteria of this chapter as a basis for review. [Ord. 3736 § 55, 2009]. 20.30.050 Loss of joint use. A. Alternate Sites. Applicant shall not allow or voluntarily participate in the loss of rights of joint use. In the event applicant should for reasons beyond applicant's control lose applicant's rights of joint use, applicant shall have 90 days to secure on -site parking to conform to the parking requirements of this code, or secure another site for joint use for which a new application must be submitted under the terms of this chapter. Packet Pg. 302 7.4.a portion of the use eatising the paFking defieieney, within the said oFiginal 90 day peFiod. Of, in the , within said 90 day period applioant may pay an in lieu of par -king fee ttndeF ECDC 17.50.070. B.E Discontinuance of Use. If applicant cannot or will not provide parking, , as set forth in subsections A an n ��, the applicant will discontinue the use, or that portion of use causing the parking deficiency within the original 90-day period set forth above. Section 20.50.010 Purpose. A. The purpose of this chapter is to regulate the placement, construction, modification and appearance of wireless communication facilities, in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the deployment of competitive wireless communication facilities throughout the city. The purpose of this chapter may be achieved through adherence to the following objectives: 1. Protect residential areas and land uses from potential adverse impacts that wireless communication facilities might create, including but not limited to negative impacts on aesthetics, environmentally sensitive areas, historically significant locations, flight corridors, and health and safety of persons and property; 2. Establishment of clear and nondiscriminatory local regulations concerning wireless communication facilities and services that are consistent with federal and state laws and regulations; 3. Encourage providers of wireless communication facilities to locate facilities, to the extent feasible, in areas where the adverse impact on the public health, safety and welfare is minimal; 4. For macro facilities, encourage the location of those facilities in nonresidential areas and allow macro facilities in residential areas only when necessary to meet functional requirements of the communications industry as defined by the Federal Communications Commission; 5. Minimize the total number of macro facilities in residential areas; 6. Encourage and, where legally permissible, require cooperation between competitors and, as a primary option, joint use of new and existing towers, tower sites and suitable structures to the greatest extent possible, where doing so would significantly reduce or eliminate additional negative impact on the city; 7. Ensure wireless communication facilities are configured in a way that minimizes the adverse visual impact of the facilities, as viewed from different vantage points, through careful design, landscape screening, minimal impact siting options and camouflaging techniques, dispersion of unscreened features to lessen the visual impact upon any one location, and through assessment of innovative siting techniques; 8. Enable wireless communication companies to enter into lease agreements with the city to use city property for the placement of wireless facilities, where consistent with other public needs, as a means to generate revenue for the city; 9. Balance the city's intent to minimize the adverse impacts of wireless communication facilities with the ability of the providers of communications services to deploy such services to the community quickly, effectively and efficiently; 10. Provide for the prompt removal of wireless communication facilities that are abandoned or no longer inspected for safety concerns and building code compliance, and provide a mechanism for the city to cause these abandoned wireless communication facilities to be removed as necessary to protect the oil residents from imminent harm and danger; 11. Avoid potential damage to people and adjacent properties from tower failure and falling equipment, through strict compliance with state building and electrical codes; and 12. Disperse the adverse impacts of small wireless facility facilities as evenly as possible throughout the community, especially when joint use does not eliminate additional visual impact. Packet Pg. 303 7.4.a B. In furtherance of these objectives, the city shall give due consideration to the zoning code, existing land uses, and environmentally sensitive areas when approving sites for the location of wireless communication facilities. C. These objectives were developed to protect the public health, safety and welfare, to protect property values, and to minimize and disperse visual impact, while furthering the development of enhanced communications services in the city. These objectives were designed to comply with the Telecommunications Act of 1996 and its implementing regulations. The provisions of this chapter are not intended to and any ambiguities herein shall not be interpreted in such a manner that would materially inhibit the deployment of wireless communication facilities. This chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent wireless facilities. D. To the extent that any provision of this chapter is inconsistent or conflicts with any other city ordinance, this chapter shall control. Otherwise, this chapter shall be construed consistently with the other provisions and regulations of the city. E. In reviewing any application to place, construct or modify wireless communication facilities, the city shall act within federally required time periods. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. The city shall approve, approve with conditions, or deny the application in accordance with this title, this chapter, the adopted Edmonds comprehensive plan, and other applicable ordinances and regulations. [Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011]. Section 20.60.020 General regulations for permanent signs. A. Sign Area. The area of a sign shall be calculated as follows: 1. The area of a sign is maximum actual area of a sign that is visible from any single point of observation from any public vantage point. The sign area is normally the smallest rectangle that encloses the entire copy area of the sign. 2. Individual letters, numbers or symbols applied directly to a wall or structure and used to form the sign shall be calculated individually. 3. Supporting structures which are part of a sign display shall be included in the calculation of the sign area, except that the supporting structure of a monument sign or pole sign shall not be included when calculating the sign area. 141 ?C STORE NAME] I Left: Sign area = X * Y Right: Applied individual letters are calculated separately. Packet Pg. 304 7.4.a Monument sign: The base is not included in the calculation of sign area (dashed rectangle). B. When located on a wall or mansard roof, no sign may extend above the highest point of the wall or mansard roof when the mansard roof is on a one-story building. Other than a mansard roof on a one-story building, a sign may not be attached above the eave or drip line on a pitched roof. C. Except for pole -mounted community event banners, no sign or any part of a sign may be designed or constructed to be moving by any means and shall not contain items such as banners, ribbons, streamers and spinners. Signs with type that is movable to change the message (reader boards) are allowed, subject to the specific requirements detailed elsewhere in this chapter. D. Signs that extend into or over a public right-of-way shall comply with Chapter 18.70 ECDC. E. Exposed braces and angle irons are prohibited unless they are part of a decorative design that is integral to the design of the sign. Guywires are prohibited unless there are no other practical means of supporting the sign. F. No sign shall have blinking, flashing, fluttering or moving lights or other illuminating device which has a changing light density or color; provided, however, temperature and/or time signs that conform in all other respects to this chapter are allowed. Electronic reader boards may have messages that change; however, moving messages are not allowed. Messages that change at intervals less than 20 seconds will be considered blinking or flashing and not allowed. G. No light source which exceeds 20 watts shall be directly exposed to any public street or adjacent property. H. No illumination source of fluorescent light shall exceed 425 milliamps or be spaced closer than eight inches on center. I. No commercial sign shall be illuminated after 11:00 p.m. unless the commercial enterprise is open for business and then may remain on only as long as the enterprise is open. J. No window signs above the first floor shall be illuminated. K. Sign height shall be determined as follows: 1. For attached signs, sign height is the vertical distance from the highest point on the sign to the average finished grade. Packet Pg. 305 7.4.a 2. For freestanding signs, sign height is the vertical distance from the highest point of the sign area or its support to the average elevation of the finished grade at the base of the supports. L. Portable signs may not be used as permanent signage; only fixed signs are permitted. M. The following matrix summarizes the types of signs permitted in each neighborhood/district within the city: Sign Type Downtown' SR-992 Westgate/SR-1043 Neighborhood Commercial (BN, BP and FVMU Zones) Business Uses in RM Zones Wall -Mounted P P P P P Monument C P P C C Pole N P N N N Projecting P P P P P Internal Illumination C P P C N Reader Boards C C C C C Individual Letters P P P P P Boxed Cabinet N P C C N Building ID P P P P P Pedestrian P N N N N Wall Graphics C C C C C 1 Downtown includes all properties within the downtown activity center defined in the comprehensive plan. 2 SR-99 includes all properties within the medical/Highway 99 activity center and the Highway 99 corridor defined in the comprehensive plan. s Westgate/SR-104 includes all properties within the Westgate corridor, the Edmonds Way corridor, and within the Westgate community commercial area, as defined in the comprehensive plan. Note: In the above table, P = Permitted; N = Not permitted; C = Conditionally permitted through design review if consistent with the standards itemized in subsection (N) of this section. N. The following standards clarify how some signs identified as "conditionally permitted" must be installed to be permitted in the city of Edmonds: 1. Monument signs over six feet in height must be reviewed to ensure that the materials, colors, design and proportions proposed are consistent with those used throughout the site. 2. Internally illuminated signs in the downtown area and neighborhood commercial areas may only light the letters or logos/symbols. The background of a sign face may not be illuminated. Packet Pg. 306 7.4.a 3. Intemally illuminated signs in the downtown area and the neighborhood commercial areas must be mounted on the wall of the building. They may not be mounted on or under an attached awning. 4. Intemally illuminated signs that use exposed neon may only be located in the interior of buildings in the downtown area and the neighborhood commercial areas. 5. Internally illuminated signs in the downtown area shall not be permitted to be higher than 14 feet in height. 6. Reader board messages are limited to alphanumeric messages only. 7. Reader boards are only permitted for public uses or places of public assembly. Public uses and places of assembly include, but are not limited to, schools and churches as well as local and regional public facilities. 8. The background color of a boxed cabinet sign face must be coordinated with and complement the colors used on the building. 9. The background color of a boxed cabinet sign face must be opaque and not allow any internal illumination to shine through. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3631 § 2, 2007; Ord. 3461 § 2, 20031. Section 20.60.100 Administration. A. General. The eafn .tmity development dir-e ^*^r planning and development director is responsible for administering and enforcing the provisions of this chapter. He or she shall adopt application requirements for sign permits. Fees shall be as stated in Chapter ECDC 15.00.020. B. Installation Permits. Many signs require installation permits under Chapter 19.45 ECDC and may require plan checking fees as well. C. Notice of Violation. Whenever the planning director becomes aware of a violation of the provisions of this chapter, the planning director shall cause a notice to be sent to the alleged violator informing him or her of the violation, the applicable code section, and a time within which to remedy the violation. The notice shall also advise of the penalties for continued violation of the code as specified in this chapter. If the violation has not been corrected within the time limit specified, the planning director shall refer the matter to the city attorney's office for institution of appropriate legal action. D. Penalty. Any person violating any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25.00 for each day of continued violation. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. Section 20.75.040 Application. planing and development department. A subdivision application will be processed concurrently with any applications for rezones, variances, planned unit developments, site plan approvals and other similar approvals that relate to the proposed subdivision, unless the applicant expressly requests sequential processing. The application shall contain the following items in addition to those specified in ECDC 20.02.002: A. n r-eprediieible eapy of t The preliminary plat; and the ., mbor of pr-ints r-equir-ed by the pla* ;a.. an development depar-tMent; Packet Pg. 307 7.4.a B. Title report; C. A survey map, if required by the planning and development director, of the exterior boundaries of the land to be subdivided, prepared by, and bearing the seal and signature of, a professional land surveyor registered in the state of Washington. This map can be combined with the preliminary plat at the applicant's option; D. The application fee as set in ChapteF 15.00 ECDC 15.00.020; E. A proposal for dedication of park land rather than payment of in -lieu fees, if desired by the applicant; F. Source of water supply and name of supplier; G. Method of sewage disposal, and name of municipal system if applicable. Percolation rates and other information required by the public works department shall be submitted if septic tanks are to be used; H. Other information that may be required by the planning and development director in order to properly review the proposed subdivision, including information needed to determine the environmental impact of the proposal. [Ord. 4299 § 54 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 62, 2009; Ord. 2379 § 1, 19831. Section 20.75.050 Lot line adjustment — Application. A. Lot Line Adjustment Defined. A lot line adjustment is an alteration of lot lines between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division. B. Lot Line Adjustment Exempt from Subdivision Review. Except as otherwise provided in this section, lot adjustments shall not be subject to the provisions of this chapter. C. Lot Line Adjustment Review. All proposals for lot line adjustments shall be submitted to the Edmonds planning manager or his/her designee for approval. The Edmonds planning manager or his/her designee shall approve the proposed lot line adjustment unless the manager or his/her designee certifies in writing that the proposed adjustment will: 1. Create a new lot, tract, parcel, site or division; 2. Reduce the setbacks of existing structures below the minimum required by code or make existing nonconforming setbacks of existing structures more nonconforming than before; 3. Reduce the lot width or lot size below the minimum required for the applicable zone; 4. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel, site or division; 5. Would otherwise result in a lot which is in violation of any requirement of the ECDC. D. Application. A lot line adjustment application shall be s4.hied o f ms provided by theeivy ara shall at a minimum contain the following information: 1. One copy of dimensioned plans on the official city of Edmonds lot line adjustment f6m. The d Dimensioned plans prepared and stamped by a professional land surveyor registered in the state of Washington and shall conforming to city of Edmonds survey requirements, as promulgated by the Edmonds planning division. Information on the plans shall include the following: a. Legal descriptions of the existing lots and proposed lot line adjustment(s); b. The location of all existing structures on the subject parcel(s), including dimensioned setback information from all existing and proposed lot lines and ingress/egress easements; Packet Pg. 308 7.4.a c. Locations of all existing ingress/egress and utility easements; d. Gross and net lot area for the original parcels and the proposed parcels (net gross lot area does not include any lot area devoted to vehicular ingress/egress easements); e. The existing zoning of the subject parcel(s); f. Location of all existing driveways on the subject parcel(s); and g. The lot lines of adjoining properties for a distance of at least 50 feet. 2. A title company certification which is not more than 30 calendar days old containing: a. A legal description of the total parcel(s) sought to be adjusted; b. A list of those individuals, corporations, or other entities holding an ownership interest in the parcel(s); c. Any easements or restrictions affecting the property(ies) with a description, purpose and reference by auditor's file number and/or recording number; d. Any encumbrances on the property; and e. Any delinquent taxes or assessments on the property. E. Fee. The application fee shall be as set in Chapter 0 ECDC 15.00.020. F. Expiration. An application for a lot line adjustment shall expire one year after a complete application has been filed with the city. An extension up to an additional year may be granted by the Edmonds planning manager or his/her designee upon a showing by the application of reasonable cause. G. Review. A certified determination of the planning manager or his/her designee may be appealed to the hearing examiner as a Type II decision as set forth in Chapter 20.06 ECDC. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 63, 2009; Ord. 3211 § 1, 1998]. Section 20.75.065 Preliminary review. A. Responsibility for Review. The planning and development director, or a designated planning staff member, is in charge of administering the preliminary review of all subdivisions. The public works director and the fire department, and other departments if needed, shall participate in preliminary review by appropriate recommendations on subjects within their respective areas of expertise. hearing,B. Notice of Hearing. 1. When the direetor of planning a -ad deveiopment has aeeepted a sobdivision for filing, he shall set a date of and give notiee of the hearing as provided in ECDC 20.03.003, and by the fellowing for a formal subdivision! a. One publication in a newspaper of general circulation within Snohomish County pursuant to Chapter 1.03 EGC and posting notiee in three eenspietious plaees within 300 feet of any portion ef the beffadafy of the proposed formal subdivision iyisio net loss than 10 .,,fling ,lays prior- to the l,o.,ring b. Mailing to a eity if a proposed formal subdivision is adjacent or within one mile of the city's boundary, or the proposed subdivision would use the utilities of the city, e. Mailing to the county if a proposed formal subdivision is adjacent to the city county botuidary. d. Mailing te the Stme Department of Highwa�,s if a proposed formal subdivision is adjaeent to a state hig",a), right of way. Packet Pg. 309 7.4.a nonlegal language. C. Time Limits for Staff Review. Staff review shall be completed within 120 days from the date of filing. D. Formal Subdivision Review. The hearing examiner shall review a formal subdivision as a Type III -A decision in accordance with provisions of Chapter 20.06 ECDC. E. Short Subdivisions — Staff Review. The director of planning and development shall review a short subdivision as a Type II decision (Staff decision — Notice required). F. Appeal of Staff Decision. Any person may appeal to the hearing examiner a Type II decision of the planning and development director on a short subdivision under the procedure set forth in Chapter 20.06 ECDC. [Ord. 4299 § 57 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3817 § 12, 2010; Ord. 3783 § 12, 2010; Ord. 3775 § 12, 2010; Ord. 3736 § 65, 2009; Ord. 3211 §§ 4, 5, 1998; Ord. 3112 §§ 17, 18, 19, 1996; Ord. 2379 § 2, 1983]. Section 20.75.085 Review criteria. The following criteria shall be used to review proposed subdivisions: A. Environmental. 1. Where environmental resources exist, such as trees, streams, ravines or wildlife habitats, the proposal shall be designed to minimize significant adverse impacts to the resources. Permanent restrictions may be imposed on the proposal to avoid impact. 2. The proposal shall be designed to minimize grading by using shared driveways and by relating street, house site and lot placement to the existing topography. 3. Where conditions exist which could be hazardous to the future residents of the land to be divided, or to nearby residents or property, such as floodplains, steep slopes or unstable soil or geologic conditions, a subdivision of the hazardous land shall be denied unless the condition can be permanently corrected, consistent with subsections (A)(1) and (2) of this section. 4. The proposal shall be designed to minimize off -site impacts on drainage, views and so forth. B. Lot and Street Layout. 1. Lots shall be designed to contain a usable building area. If the building area would be difficult to develop, the lot shall be redesigned or eliminated, unless special conditions can be imposed on the approval which will ensure that the lot is developed properly. 2. Lots shall not front on highways, arterials or collector streets unless there is no other feasible access. Special access provisions, such as shared driveways, turnarounds or frontage streets may be required to minimize traffic hazards. 3. Each lot shall meet the applicable dimensional requirements of the zoning ordinance. 4. Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public facilities, shorelines and streams where street access is not adequate. C. Dedications. 1. The city may require dedication of land in the proposed subdivision for public use. Packet Pg. 310 7.4.a 2. Only the city council may approve a dedication of park land to satisfy the requirements of ECDC 20.75.090. The council may request a review and written recommendation from the planning advisory board. 3. Any approval of a subdivision shall be conditioned on appropriate dedication of land for streets, including those on the official street map and the preliminary plat. D. Improvements. 1. Improvements which may be required, but are not limited to, streets, curbs, pedestrian walks and bicycle paths, sidewalks, street landscaping, water lines, sewage systems, drainage systems and underground utilities. 2. The person or body approving a subdivision shall determine the improvements necessary to meet the purposes and requirements of this chapter, and the requirements of. a. ECDC Title 18, Public Works Requirements; b. Chapter 19.25 ECDC, Fire Code, as to fire hydrants, water supply and access. This determination shall be based on the recommendations of the planning and development director, the public works director, and the fire chief. 3. The use of septic systems may be approved if all of the following conditions are met: a. It is more than 200 feet, multiplied by the number of lots in the proposed subdivision, from the nearest public sewer main to the nearest boundary of the land to be divided. b. The land to be divided is zoned RS-20. c. The public works director and eit`, health ^FF^^r Snohomish County health officer determine that soil, drainage and slope conditions are satisfactory for septic use and that all requirements of WAC 248-96-090 are met. E. Floodplain Management. All subdivision proposals shall comply with the criteria set forth in the Edmonds Community Development Code for floodplain management. [Ord. 4299 § 58 (Exh. A), 2023; Ord. 4154 § 4 (Aft. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3211 § 7, 1998; Ord. 2466, 1984]. 20.75.090 Park land dedication. A. Dedication or In -Lieu of Fee Required. Before or concurrent with the approval of the final plat of any subdivision, the subdivider shall dedicate land, pay a fee in -lieu of dedication, or do a combination of both, for park and recreational purposes. B. Proposal of Dedication. Either the applicant or the city may propose dedication of a portion of the land to be divided in order to meet the regulations of this section. Payment of in -lieu fees is required unless dedication is proposed and approved. C. Review of Dedications. Dedication proposals shall be reviewed at the same time as the subdivision proposal. Any short subdivision containing a dedication proposal shall be reviewed as if it were a formal subdivision. D. Factors for Review. Dedication proposals shall be reviewed for consistency with the Comprehensive Plan, the Comprehensive Parks and Recreation Plan, and the Recreational Walks Plan. Other factors to be considered include size, usability and accessibility of the land proposed for dedication, and the possibility of coordinating dedication by owners of adjacent land. E. In -Lieu Fee. In -lieu park fees shall be as set in Chapter ECDC 15.00.020. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. Packet Pg. 311 7.4.a Section 20.75.110 Changes. A. Preliminary Plats. The planning and development director may approve as a Type I decision minor changes to an approved preliminary plat, or its conditions of approval. If the proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding property, or other major changes, the proposal shall be reviewed in the same manner as the original application. Application fees shall be as set in GhapteF 15.00 ECDC 15.00.020. B. Recorded Final Plats. An application to change a final plat that has been filed for record shall be processed in the same manner as a new application. This section does not apply to affidavits of correction. [Ord. 4299 § 59 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 66, 2009]. Section 20.75.130 Installation of improvements. A. Timing and Inspection Fee. The applicant shall not begin installation of improvements until the public works director has approved the improvement plans, the public works director and the applicant have agreed in writing on a time schedule for installation of the improvements, and the applicant has paid an inspection fee, as set in Chapter 15.00 ECDC 15.00.020. B. Completion — Bonding. The applicant shall either complete the improvements before the final plat is submitted for city approval, or the applicant shall post a bond or other suitable surety to guarantee the completion of the improvements within one year of the approval of the final plat. The bond or surety shall be based on the construction cost of the improvement as determined by the director of public works, and shall be processed as provided in Chapter 17.10 ECDC. C. Acceptance — Maintenance Bond. The director of public works shall not accept the improvements for the city of Edmonds until the improvements have been inspected and found satisfactory, and the applicant has posted a bond or surety for 15 percent of the construction cost to guarantee against defects of workmanship and materials for two years from the date of acceptance. D. Short Subdivision — Deferred Installation. If the planning and development director determines that installation of improvements will not be needed at the time of the approval of the final plat of the short subdivision, the improvements shall be installed or guaranteed by bond before issuance of any development permit for any lot shown on the preliminary plat. This condition shall be stated on the final plat, and shall be binding on all later owners of lots created by the subdivision. [Ord. 4299 § 60 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.140 Final plat — Required certificates. The following certificates shall be shown on the final plat. Subsections (A) through (G) of this section shall be signed by the indicated person before the final plat is submitted for review. Subsection (G) of this section is required for formal subdivision only. A. Surveyor. The surveyor shall place his seal and signature on the plat along with: 1. A statement certifying that the plat was prepared by him, or under his supervision; 2. A statement certifying that the plat is a true and correct representation of the land surveyed; 3. A full and correct description of the land to be divided. B. Owner. The owner shall certify that the subdivision has been made with his free consent and according to his desires. Owners of other interests shown on the title report shall certify that they have notice of the subdivision. C. Dedications. A certificate of dedication by the owner for all areas to be dedicated to the public, acknowledged by a notary. Packet Pg. 312 7.4.a D. Waiver of Claims. A statement by the owner waiving all claims for damages against any governmental authority which may arise from the construction, drainage and maintenance of required improvements. E. Waiver of Access. If required by the conditions of the preliminary approval, a waiver by the owner of direct access to any street from any property. F. Roads Not Dedicated. A statement or other clear indication by the owner if any street is not to be dedicated to the public. G. Health Officer. A statement by the eity of Ed m ands Snohomish County health officer certifying that the proposed means of sewage disposal and water supply are adequate. H. Director of Public Works. The following statements to be signed by the director of public works: 1. A statement approving the survey date, the layout of streets, alleys and other rights -of -way, design of bridges, sewage and water system and other structures; and approving the final plat or short subdivision. I. Planning and Development Director. The following statements to be signed by the planning and development director: 1. A statement that the final plat conforms to the approved preliminary plat and all conditions of the preliminary approval; and approving the final plat or shore subdivision. J. Repealed by Ord. 4154. K. Taxes. A statement to be signed by the county treasurer that all taxes and delinquent assessments for which the land to be divided may be liable as of the date of the signing of the statement have been paid. [Ord. 4299 § 61 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.145 Final plat — Accompanying material. The following material shall be submitted to the director of public works with the final plat: A. Review Fee. A review fee for the final plat as set in Chapter- 15.00.020 shall be paid for each check or recheck of the final plat. B. Survey Notes. Complete field and computation notes of the plat survey showing the original or reestablished corners with descriptions and the actual traverse showing error of closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 5,000 feet. C. Title Report. A title report showing that ownership and other interests in the land described and shown on the final plat is in the name of the person signing the owner's certificate. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. Section 20.85.020 General requirements. A. Review. The hearing examiner shall review variances as Type III-B decisions in accordance with provisions of Chapter 20.06 ECDC. B. Appeals. The hearing examiner decisions on variance shall be appealable to the city council in accordance with Chapter 20.06 ECDC. C. Time Limit. The approved variance must be acted on by the owner within one year from the date of approval or the variance shall expire and be null and void, unless the owner files an application for an extension of time before the expiration and the city approves the application. Packet Pg. 313 7.4.a D. Review of Extension Application. An application for an extension of time shall be reviewed by the eonmnunity development direeto planning and development director as a Type II decision (Staff decision — Notice required). E. Location. A variance applies only to the property for which it has been approved and may not be transferred to any other property. [Ord. 4154 § 23 (Att. D), 2019; Ord. 3783 § 14, 2010; Ord. 3775 § 14, 2010; Ord. 3736 § 70, 2009]. Section 20.110.040 Enforcement procedures. A. Order to Correct Violation. 1. Issuance. Whenever the eemmunib, sefviees difeetefplanningand development director or his/her designee becomes aware that a violation has occurred or is occurring, he/she may issue an order to correct violation to the property owner or to any person causing, allowing or participating in the violation. 2. Content. The ^e...munity se fviees aire^'^r-planning and development director or his/her designee shall include the following in the order to correct violation: a. Name and address of the property owner or other person to whom the order to correct violation is directed; and b. The location of the subject property by address or other description sufficient for identification of the building, structure, premises or land upon or within which the violation has occurred or is occurring; and c. The code section that has been violated; and d. A description of the violation; and e. A statement of action required to be taken to correct the violation; and f. Date by which compliance is required to avoid monetary penalties. This date will be no less than 24 hours from the date and time that the notice is posed on the property or no less than three days from the date that the letter is placed in U.S. Mail; and g. Statement that a monetary penalty in an amount per day for each violation shall be assessed against the person to whom the order to correct violation is directed for each and every day or portion of a day on which the violation continues following the administrative hearing. 3. Service of Order. The een*nunivy sen4ees d-i-e—mlanning and development director or his/her designee shall serve the order to correct violation upon the person to whom it is directed, either by sending a copy by U.S. Mail to the last known address of the person responsible for the violation, or by posting a copy conspicuously on the site or by serving a copy of the notice personally on the person responsible for the violation. B. Notice of Civil Violation. 1. Issuance. If the person responsible for the violation fails to correct or cause the correction of the violation within the time given by the order to correct the violation, a notice of civil violation will be issued to each person to whom the order to correct violation directed. 2. Issuance in an Emergency or for Repeat Violations. The ^^,,,w,unity services director -planning and development director or his/her designee may issue a notice of civil violation without having issued an order to correct where an emergency exists or a repeated violation occurs. 3. Content. The applicable department director or his/her designee shall include the following in the notice of civil violation: Packet Pg. 314 7.4.a a. The name and address of the property owner or the person to whom the notice is directed; and b. The location of the subject property by address or other description sufficient for the identification of the subject property; and c. The code section that has been violated; and d. A description of the violation; and e. A statement that a monetary penalty in an amount per day is assessed against the person to whom the violation is directed for each and every day or portion of a day during which the violation continues; and f. Date by which compliance is required to avoid abatement by the city. This date will be no less than 10 days from the date of the notice to correct violation; and g. A statement that the person to whom the notice of civil violation is directed must correct the violation and may pay the monetary penalty imposed to the city of Edmonds planning division or may appeal the notice of civil violation to the city of Edmonds hearing examiner. 4. Service of Notice. The communit-y sen4ees dir-eetofplanning and development director or his/her designee shall serve the notice of civil violation upon the person to whom it is directed, either by sending a copy by U.S. Mail to the last known address of the person responsible for the violation, or by posting a copy conspicuously on the site or by serving a copy of the notice personally on the person responsible for the violation. C. Appeal to Hearing Examiner. 1. General. A person to whom the notice of civil violation is directed may appeal the notice of civil violation by filing a written notice of appeal with the eeniffmait-y sen4ees direetefolanning and development director within 10 days of the date the notice is placed in the mail, or seven days from the date the notice is posted conspicuously on the property or served personally on the person responsible for the violation. 2. Notice of Hearing. Notice of hearing will be sent by mail, posted on the site, or served in person upon the violating party no less than five calendar days before the time fixed for the hearing. 3. Hearing by City Violations Hearing Examiner. a. At the time stated in the notice, the violations hearing examiner will hear all relevant objections, protests and shall receive testimony under oath. Said hearings may be continued from time to time. If continued to a date certain, no new posting is required. b. If the violations hearing examiner finds that a violation of the Edmonds Community Development Code exists and that there is sufficient cause to abate the same, the hearing examiner will prepare findings and an order within 24 hours which shall specify: i. The nature of the violation; and ii. The amount of fine per day; and iii. The method of abatement; and iv. The time by which abatement is to be completed. D. Appeal to Superior Court. The determination of the hearing examiner is final and shall be appealable to superior court in accordance with Chapter 36.70C RCW. E. Abatement by the City. If the violation has not been corrected by the time ordered by the violations hearing examiner, or by the correction date ordered by the notice of civil violation, an abatement notice shall be sent by mail to the person responsible for the violation at their last known address, shall be posted in a conspicuous location on Packet Pg. 315 7.4.a the site or served personally on the person responsible for the violation no less than 10 working days prior to abatement by the city. The city, its employees or agents are expressly authorized to enter said property for the purposes of abatement of said violation. The actual cost of abatement, including any incidental cost such as, but not limited to: staff time; legal costs; cost of postage or service; and any other reasonable, incidental cost shall be calculated and added to the monetary penalties. The city shall be free to employ appropriate contractors to remedy the situation and may pass through all costs of such contractors as incidental costs of abatement. F. Monetary Penalties. Except where a different penalty is specifically established by this code, violations shall be assessed at the rate of $100.00 per day or a portion of day thereof, for each and every day after the service of the notice of civil violation. The violations hearing examiner may also grant an extension of the date upon which fines begin in order to allow for a reasonable period of abatement. Such extension shall not exceed 10 calendar days. Following a finding of the hearing examiner of the existence of a violation at the appeal hearing on the expiration of the appeal period, continuing fines may be assessed by the provision of additional notice of civil violation pursuant to subsection (B)(2) of this section and an opportunity for hearing. No additional fine for a continuing violation may be assessed without the provision of notice and the opportunity for a hearing. G. Collection of Monetary Penalties. The monetary penalties constitute a personal obligation of the persons to whom the order to correct is directed. Any monetary penalty must be paid to the city of Edmonds planning division within 10 working days from the date of service of the hearing examiner order or as ordered by superior court if the hearing examiner's decision is appealed. [Ord. 3827 §§ 1, 2, 2010; Ord. 3795 §§ 1, 3, 2010; Ord. 3779 § 1, 2010; Ord. 3242 § 3, 1999; Ord. 2934 § 1, 1993; Ord. 2913 § 3, 1993]. Section 21.80.020 Permit coordinator. Permit coordinator means the ^^m.,,*aity development a: ^ planning and development director or other person designated by the mayor. Section 22.110.000 Purpose and intent. The core concept for the Westgate mixed -use district is to create a vibrant mixed -use activity center that enhances the economic development of the city and provides housing as well as retail and office uses to meet the needs of all age groups. This chapter seeks to retain key features of the area, including protecting the large trees and green surrounding hillsides, while increasing walkability and gathering spaces, such as plazas and open spaces. Important aspects of this chapter include: A. Protecting steep slopes is a key concept; B. Designing a landscape emphasis for the primary intersection; C. Creating a lively pedestrian environment with wide sidewalks and requirements for buildings to be placed close to the sidewalk; D. Landscaping the plazas, open spaces, and parking areas with required landscaped open space; E. Promoting a sustainable low -impact development with a requirement for bioswales, rain gardens, green roofs and other features to retain and infiltrates stormwater; F. Providing workforce housing and increasing residential uses including small -sized dwelling units; G. Providing options for nonmotorized transportation linking new bike lanes into the city's larger system of bike lanes and extending sidewalks and pedestrian paths into the surrounding residential areas. [Ord. 3993 § 2 (Exh. 2), 2015]. Packet Pg. 316 7.4.a Section 22.110.030 Green building construction and housing. A. Purpose. The purpose of this section is to encourage the development of a variety of housing choices available to residents of all economic segments and to encourage sustainable development through the use of development standards, requirements and incentives. B. Green Building and Site Design Criteria. All development in the Westgate district shall meet Built Green one- to three -star or LEED certified rating or equivalent as a requirement and shall meet a minimum green factor score of 0.3. C. Sustainable Site Design. All development shall meet Built Green one- to three -star or LEED certified standards, or an equivalent. Green factor score requirements shall be used in the design of sustainable site features and low -impact stefm er stormwater treatment systems. A green factor score of 0.3 is required of all developments (see ECDC 22.110.070). Pervious surfaces shall be integrated into site design and may include: pervious pavement, pervious pavers and vegetated roofs. Capture and reuse strategies including the use of rainwater harvesting cisterns may be substituted for the effective area of pervious surface required. Runoff generated on site shall be routed through a treatment system such as a structured stafm wate stormwater planter, bioswale, rain garden, pervious pavement, or cisterns. Runoff leaving the site shall conform to city of Edmondser stormwater management code, Chapter 18.30 ECDC. D. Housing. To promote a balance in age demographics and encourage age diversity, the city of Edmonds is actively encouraging a greater number of dwelling units targeting young professionals and young workers through workforce housing provisions. The Westgate mixed -use district requires that at least 10 percent of residential units shall be very small units designed for affordable workforce housing (under 900 square feet) and that not more than 10 percent of all dwelling units may exceed 1,600 square feet in size. [Ord. 3993 § 2 (Exh. 2), 2015]. Section 22.110.070 Amenity space, open space, and green factor standards. A. Purpose and Intent. This section identifies the types of amenity space and open space allowed to satisfy the requirements of the Westgate mixed -use zone, and provides design standards for each type to ensure that proposed development is consistent with the city of Edmonds's goals for character and quality of the buildings and spaces to be constructed on private property within the Westgate area. This section also describes the green factor requirements that apply to each development within Westgate. The intent of the proposed system is not only to establish amenity spaces that serve the community and local needs, but also to provide for the protection and enhancement of natural resources for the benefit of the greater community Core principles of the Westgate mixed -use zone are to promote: 1. An environment that encourages and facilitates bicycling and pedestrian activity — "walkable" streets that are comfortable, efficient, safe, and interesting; and 2. Coherence of the public right-of-way, serving to assist residents, building owners and managers with understanding the relationship between the public right-of-way and their own properties; and 3. Sustainability, by providing for trees and plants which contribute to privacy, the reduction of noise and air pollution, shade, maintenance of the natural habitat, conservation of water and rainwater management. B. Green Factor Requirements. 1. Overview. The green factor sets a minimum score that is required to be achieved by each development through implementation of landscaping practices. The program provides a menu of landscaping practices that are intended to increase the functional quantity of landscape in a site, to improve livability and ecological quality while allowing flexibility in the site design and implementation. In this approach, each qualified landscape feature utilized in a project earns credits that are weighted and calculated through use of the green Packet Pg. 317 7.4.a factor scoresheet. The score is based upon the relationship between the site size and the points earned by implementation of the specified landscape features. For example, credits may be earned for quantity and size of trees and shrubs, bioretention facilities, and depth of soil. Built features such as green roofs, vegetated walls and permeable paving may also earn credits. Bonus points may be earned with supplementary elements such as drought -tolerant and native plants, rainwater irrigation, public visibility and food cultivation. Scoring priorities come from livability considerations, an overall decrease in impervious surfaces and climate change adaptation. The functional benefits target a reduction ins stormwater runoff, a decrease in building energy, a reduction in greenhouse gas emissions, and an increase in habitat space. The minimum score required for all new development in the Westgate district is 0.3, earned through implementation of features specified below that comply with green factor standards. The implementation of the green factor does not have any effect upon other site requirements such as setbacks, open space standards, street and parking standards, city of Edmonds municipal stormwater code and city of Edmonds code for landscaping requirements that also apply. Green factor credit may be earned for these site requirements only if they comply with green factor standards. 2. Application and Implementation. The green factor for the Westgate district uses for reference Seattle green factor tools. These include: a. The green factor worksheet. b. The green factor scoresheet. c. The green factor plant list. d. The green factor tree list. The green factor tools are adopted in ECDC 22.110.100. In complying with the green factor code, the following steps apply: Step 1. Designers and permit applicants select features to include in planning their site and building and apply them to the site design. Applicants track the actual quantity — e.g., square footage of landscaped areas, pervious paved amenity space, number of trees — using the green factor worksheet. Step 2. Calculations from the worksheet are entered on the scoresheet. The professional also enters the site's square footage on the electronic scoresheet. The instrument then scores each category of proposed landscape improvements, and provides a total score in relation to the overall site size. The designer can immediately know if the site design is achieving the required score of 0.30, and can adjust the design accordingly. Note that improvements to the public right-of-way (such as public sidewalks, street tree plantings) are allowed to earn points, even though only the private site square footage is included in the site size calculation. Step 3. The landscape professional submits the scoresheet with the project plans, certifying that the plan meets or exceeds the minimum green factor score and other requirements for the property. The submission also requires indication that a landscape management plan has been submitted to the client. Step 4. City of Edmonds staff verify that the code requirements have been met before issuance of a permit. 3. Using Green Factor with Other Requirements. While a specific green feature may count for both green factor calculations and other requirements such as amenity space or open space, the requirements for each need to be met independently. The percentage of amenity space for Westgate is 15 percent of lot size, to be addressed within each development project. The open space section, subsection (D) of this section, also addresses green feature requirements, such as retention of vegetation on steep slopes, specifications for tree size, and storm water stormwater management (refer to Chapter 18.30 ECDC); these are examples of features that are likely to overlap with and contribute to the green factor score while also contributing to the open space requirement. Packet Pg. 318 7.4.a 4. Green Factor Categories. The green factor tools may take into account the following landscape elements: a. Landscaped areas (based on soil depth). b. Bioretention facilities. c. Plantings (mulch and ground cover). d. Shrubs and perennials. e. Tree canopy (based on tree sizes). f. Green roofs. g. Vegetated walls. h. Approved water features. i. Permeable paving. j. Structural soil systems. k. Bonuses for drought -tolerant plants, harvested rainwater, food cultivation, etc. C. Amenity Space. Amenity space is designed to provide residents and visitors of all ages with a variety of outdoor activity space. Although the character of these amenity spaces will differ, they form the places that encourage residents and visitors to spend time in the company of others or to enjoy time in an outdoor setting. All new development shall provide amenity space equal to at least 15 percent of the lot size. Additional amenity space above the 15 percent base requirement is encouraged and can be part of the development's green factor plan outlined in subsection (B) of this section or can contribute to bonus heights as defined in ECDC 22.110.090. All qualifying amenity space shall be open and accessible to the public during business hours. Qualifying amenity space shall be open to the air and located within six feet of the finished grade in order to provide some opportunity for variety and interest in public space while assuring easy accessibility for the public. Required and bonus amenity space must be provided in one or more of the following forms and no others: 1. Lawns: an open space, available for unstructured recreation. A lawn may be spatially defined by landscaping rather than building frontages. Its landscape shall consist of lawn and trees and shall provide a minimum of 60 percent planted pervious surface area (such as a turf, groundcover, soil or mulch). 2. Plazas: an open space, available for civic purposes and commercial activities. A plaza shall be spatially defined primarily by building facades, with strong connections to interior uses. Its landscape shall consist primarily of pavement. Trees are encouraged. Plazas shall be located between buildings and at the intersection of important streets. Plazas shall provide a minimum of 20 percent planted pervious surface area (such as a rain garden, bioswale, turf, groundcover, soil or mulch). The remaining balance may be any paved surface with a maximum 30 percent impervious paved surface. 3. Squares: an open space available for unstructured recreation or civic purposes. A square is spatially defined by building facades with strong connections to interior uses. Its landscape shall consist of paths, lawns and trees with a minimum of 20 percent planted pervious surface area (such as a rain garden, bioswale, turf, groundcover, soil or mulch). The remaining balance may be any paved surface with a maximum 30 percent impervious paved surface. Sidewalks. Although not counting toward required amenity space, the purpose of sidewalks is to provide safe, convenient, and pleasant pedestrian circulation along all streets, access to shopfronts and businesses, and to improve the character and identity of commercial and residential areas consistent with the city of Edmonds vision. New Packet Pg. 319 7.4.a development meeting the standards of this chapter may be allowed to use a portion of the sidewalk area within the public right-of-way for outdoor seating, temporary displays, or other uses consistent with city code standards. D. Open Space. All new development shall provide a minimum of 15 percent of lot size as open space. Qualifying open space shall be unobstructed and open to the air. The goal for the overall open space in the Westgate mixed -use zone is to create a unified, harmonious, and aesthetically pleasing environment that also integrates sustainable concepts and solutions that restore natural functions and processes. In addition to amenity space, the Westgate mixed -use zone shall incorporate open space, as described in the regulations for each building type. Features contributing to the landscape character of Westgate also include: 1. Trees. The location and selection of all new tree planting will express the underlying interconnectivity of the Westgate district and surrounding neighborhoods. Species selection will be in character with the local and regional environment, and comprised of an appropriate mix of evergreen and deciduous trees. Trees will be used to define the landscape character of open space and amenity space areas, identify entry points, and reinforce the legibility of the district by defining major and minor thoroughfares for pedestrians, bicycles and vehicles. a. All new development shall preserve existing trees wherever feasible. b. All new development shall plant new trees in accordance with this chapter. Trees not included in amenity space or open space areas are not counted toward meeting overall amenity space or open space requirements. For example, individual trees planted along walkways or driveways may count toward meeting the green factor requirements but are not counted as open space. 2. Steep Slopes. New development shall protect steep slopes by retaining all existing trees and vegetation on protected slopes, as shown on the map included in this section (Figure 22.110.070.D). No development activity, including activities such as clearing, grading, or construction of structures or retaining walls, shall extend uphill of the protected slope line shown on the following map. Protected slope areas may count toward required open space if they retain existing trees or are supplemented to provide a vegetative buffer. 3. Storm .;'Rte Stormwater Management. Cie Stormwater runoff from sidewalks should be conveyed to planted parkways or landscaped rain gardens. Overflow from parkways and runoff from the roadways should be directed into bioswales and/or pervious paving in curbside parking areas, located along the street edges where it can infiltrate into the ground. Perforated curbs through which streetsteFm ei stormwater runoff can flow to open vegetated swales may also be provided, wherever feasible. Swa4er-Stormwater features such as bioswales or planted rain gardens may count toward required open space only if they are entirely landscaped. Packet Pg. 320 7.4.a Figure 22.110.070.1) Protected Slopes 1'A .6 � w �411t at7117m 0j 9M9 ffiI8 r. p119 iNRiSE o �a _ lfAa 8>df n lytl - m n n n 9dt60 Tllld ��77A7319�� ° °� 'v 1E90A � 3FI l = �anN1lL � m f "q � a� `- IIAN 13A0 N � 4 ag �i.1 ryep h i 1A111 97A11 � m m �+ 91n p3 ^v @ M1 ;N5eiN: i2A1S PAFN iG �� p 'o DA 72A78 a 140 M1h V M1 O�} C Aw.GREai .. aAWx 97I5 nuts t 9c3 33WI Woos -I99aA IA91fi x9e30 Dinm =� yAa9 aS1 33W7 yyd15 21919 IMR a Y.+p14 yPli t M6 23421 h 1394 93A25 i3A74 " lA27 y9 E3d3a BART. W 02 i d77 39025 1EAu 799i7 se" a 4 y192 A 9 p y679 7303d DD31 yA3s m 9EC9 u�va 2343 Zf195 23, 2 ttlo 2111 �31a a3A5 971191d7 Y311By112 971t1 '14 F 9711d 7311f m=1'7FL S'N Mts a11r 3111: O 23115 29119 9%9 a 73t75 6�9 8 `0 17 33119 ¢ 971A ARs n IZQ n — 0 �b" I21 c °m 9B1! yl7t 9}99 33126 n $ . n a ON W0�1AAY .f�C _-S11 H.3. RF 997E n 73uA; 737p3 23m 9"4 93. 9511 y`IX I MA I Z] --- � hotetledslope line jlmm6er intlirates related slope EOMour, flappliEa6kl _. Rne:oslLmw�m�fa'Meaeae�e:aaq�eavedpe�fioc>33as;Inwremxmiar��eaNmdsauer��e. [Ord. 3993 § 2 (Exh. 2), 2015]. Section 22.110.080 Public space standards. Future development of the Westgate mixed -use district shall capitalize on opportunities to create and enhance public spaces for recreational use, pedestrian activity, and ecological health to strengthen the overall character of the district's public spaces. A. Public Space — General Requirements. Public space shall enhance and promote the environmental quality and the aesthetic character of the Westgate district in the following ways: 1. The landscape shall define, unify and enhance the public realm, including streets, parks, plazas, and sidewalks; 2. The landscape shall be sensitive to its environmental context and utilize plant species that reduce the need for supplemental irrigation water; 3. The landscape shall cleanse and detainer stormwater on site by utilizing a combination of biofiltration, permeable paving and subsurface detention methods; and 4. The landscape shall be compatible with encouraging health and wellness, encouraging walking, bicycling, and other activities. B. Public Space — Sustainability. The goal for the overall landscape design of public spaces is to create a unified, harmonious, socially vibrant, and aesthetically pleasing environment that also integrates sustainable concepts and solutions to restore natural functions and processes. The public right-of-way and urban street runoff becomes an extension of existing drainage pathways and the natural ecology. Water -efficient landscaping shall be introduced to reduce irrigation requirements based on a soil/climate analysis to determine the most appropriate indigenous/native-in-character, and drought -tolerant plants. All planted areas, except for lawn and seeded groundcover, shall receive a surface layer of specified recycled mulch to assist in the retention of moisture and reduce watering requirements, while minimizing weed growth and reducing the need for chemical herbicide treatments. Packet Pg. 321 7.4.a Where irrigation is required, high efficiency irrigation technology with low pressure applications such as drip, soaker hose, rain shutoff devices, and low volume spray will be used. The efficiency and uniformity of a low water flow rate reduces evaporation and runoff and encourages deep percolation. After the initial growth period of three to seven years, irrigation may be limited in accordance with city requirements then in place. The location and selection of all new tree planting will implement "green infrastructure" principles and visually express the underlying interconnectivity of the Westgate development by doing the following: 1. Species selection shall be comprised of an appropriate mix of evergreen and deciduous trees. 2. Trees shall be used to define the landscape character of recreation and open space areas, identify entry points, and reinforce the legibility of the neighborhood by defining major and minor thoroughfares for pedestrians, bicycles, and vehicles. 3. Trees shall also be used to soften and shade surface parking and circulation areas. C. Stafm Wate Stormwater Management. e Stormwater shall be consistent with Chapter 18.30 ECDC. Storm wate Stormwater and hydrology components shall be integrated into the Westgate district to restore and maintain natural functions and processes, and mitigate negative environmental impacts. Public rights -of -way, proposed open space and parking lots shall filter and infiltrate eistormwater to the maximum extent feasible to protect the receiving waters of Puget Sound. This ecological concept transcends the Westgate district to positively affect the surrounding neighborhoods, stream corridors and the regional watershed. 1. The two primary objectives of the proposed storm wate stormwater and hydrology components are: a. To reduce volume and rate of runoff; and b. To eliminate or minimize runoff pollutants through natural filtration. 2. These objectives shall be met by: a. Maximizing pervious areas; b. Maximizing the use of trees; Packet Pg. 322 7.4.a c. Controlling runoff into bioswales and biofiltration strips; d. Utilizing permeable paving surfaces where applicable and feasible; e. Utilizing portions of parks and recreational spaces as detention basin; and f. Removing sediments and dissolved pollutants from runoff. D. SR 104/100th Avenue Intersection. 1. The design objectives for development, amenity space, open space, and landscape construction features at this key intersection are to provide a sense of place and convey the walkable and sustainable character of the Westgate district. 2. Building step -backs, pedestrian -oriented facades and amenities are required for the portions of buildings within 40 feet of the corner at each quadrant of this intersection, as illustrated in Figure 22.110.010.13. 3. The design objectives at this intersection shall be addressed with a combination of building facade treatments, public signage and amenity features (e.g., water features, art -work, bollards, benches, pedestrian -scale lighting, arbors, green walls, landscaping, arcades) to signify the intersection's importance as a focal point of the Westgate area (see Figure 22.110.080.D for examples). Figure 22.110.080.D. Examples of Identity and Landscape Construction Features [Ord. 3993 § 2 (Exh. 2), 2015]. Section 23.40.005 Definitions pertaining to critical areas. For the purposes of this chapter and the chapters on the five specific critical area types (Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC) the following definitions shall apply: "Adjacent" means those activities located on site immediately adjoining a critical area; or distance equal to or less than 225 feet of a development proposal or subject parcel. Packet Pg. 323 7.4.a "Alteration" means any human -induced action which changes the existing condition of a critical area or its buffer. Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife or wildlife habitat value of critical areas. Best Available Science. See ECDC 23.40.310. "Best management practices" means a system of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, and toxics; 2. Control the movement of sediment and erosion caused by land alteration activities; 3. Minimize adverse impacts to surface and ground water quality, flow, and circulation patterns; and 4. Minimize adverse impacts to the chemical, physical, and biological characteristics of critical areas. "Buffer" means the designated area immediately next to and a part of a steep slope or landslide hazard area and which protects slope stability, attenuation of surface water flows and landslide hazards reasonably necessary to minimize risks to persons or property; or a designated area immediately next to and part of a stream or wetland that is an integral part of the stream or wetland ecosystem. "Chapter" means those sections of this title sharing the same third and fourth digits. "City" means the city of Edmonds. City Council or Council. See ECDC 21.15.030. "Class" or "wetland class" means descriptive categories of wetland vegetation communities within the wetlands taxonomic classification system of the U.S. Fish and Wildlife Service (Cowardin, et al., 1979). "Clearing" means the act of cutting and/or removing vegetation. This definition shall include grubbing vegetation and the use or application of herbicide. "Compensation project" means an action(s) specifically designed to replace project -induced critical area or buffer losses. Compensation project design elements may include, but are not limited to: land acquisition procedures and detailed plans including functional value assessments, detailed landscaping designs, construction drawings, and monitoring and contingency plans. "Compensatory mitigation" means replacing project -induced losses or impacts to a critical area, and includes, but is not limited to, the following: 1. "Creation" means actions performed to intentionally establish a wetland at a site where it did not formerly exist. 2. "Reestablishment" means actions performed to restore processes and functions to an area that was formerly a critical area, where the former critical area was lost by past alterations and activities. 3. "Rehabilitation" means improving or repairing processes and functions to an area that is an existing critical area that is highly degraded because one or more environmental processes supporting the critical area have been disrupted. 4. "Enhancement" means actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality. 5. "Preservation" means actions taken to ensure the permanent protection of existing high -quality wetlands. Packet Pg. 324 7.4.a "Creation" means a compensation project performed to intentionally establish a wetland or stream at a site where one did not formerly exist. "Critical areas" for the city of Edmonds means wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas as defined in Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC, respectively. "Development proposal" means any activity relating to the use and/or development of land requiring a permit or approval from the city, including, but not limited to: commercial or residential building permit; binding site plan; conditional use permit; franchise; right-of-way permit; grading and clearing permit; mixed use approval; planned residential development; shoreline conditional use permit; shoreline substantial development permit; shoreline variance; short subdivision; special use permit; subdivision; flood hazard permit; unclassified use permit; utility and other use permit; variance; rezone; or any required permit or approval not expressly exempted by this title. "Director" means the city of Edmonds planning and development director or his/her designee. "Division" means the planning division of the city of Edmonds planning and development department. "Enhancement" means an action taken to improve the condition and function of a critical area. In the case of wetland or stream, the term includes a compensation project performed to improve the conditions of an existing degraded wetland or stream to increase its functional value. "Erosion" means the process in which soil particles are mobilized and transported by natural agents such as wind, rain, frost action, or stream flow. Erosion Hazard Areas. See ECDC 23.80.020(A). Fish and Wildlife Habitat Conservation Areas. See Chapter 23.90 ECDC. "Floodplain" means the total area subject to inundation by a "100-year flood." "100-year flood" means a flood having a one percent chance of being equaled or exceeded in any given year. "Footprint of existing development" or "footprint of development" means the area of a site that contains legally established: buildings; roads, driveways, parking lots, storage areas, walkways or other areas paved with concrete, asphalt or compacted gravel; outdoor swimming pools; patios. Frequently Flooded Areas. See Chapter 23.70 ECDC. "Functions" means the roles served by critical areas including, but not limited to: water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; ground water recharge and discharge; erosion control; wave attenuation; aesthetic value protection; and recreation. These roles are not listed in order of priority. Geologically Hazardous Areas. See Chapter 23.80 ECDC. "Geologist" means a person licensed as a geologist, engineering geologist, or hydrologist in the state of Washington. For geologically hazardous areas, an applicant may choose a geologist or engineering geologist licensed in the state of Washington to assess the potential hazard. "Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil engineer in the state of Washington who has at least five years of professional employment as a geotechnical engineer in responsible charge including experience with landslide evaluation. "Grading" means any one or a combination of excavating, filling, or disturbance of that portion of the soil profile which contains decaying organic matter. "Habitats of local importance" means areas that include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and Packet Pg. 325 7.4.a reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alterations such as cliffs, talus, and wetlands. In urban areas like the city of Edmonds, habitats of local importance include biodiversity areas and corridors, which are characterized by a framework of ecological components which provides the physical conditions necessary for ecosystems and species populations to survive in a human -dominated landscape. "In -lieu fee program" means a program which sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the in -lieu program sponsor, a governmental or nonprofit natural resource management entity. Landslide Hazard Areas. See ECDC 23.80.020(B). "Mitigation" means the use of any or all of the following actions, which are listed in descending order of preference: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps such as project redesign, relocation, or timing to avoid or reduce impacts; 3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project; 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods; 5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; 6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and 7. Monitoring the hazard or other required mitigation and taking remedial action when necessary. "Native vegetation" means vegetation comprised of plant species which are indigenous to the Puget Sound region and which reasonably could have been expected to naturally occur on the site. "Native vegetation" does not include noxious weeds as defined by the state of Washington or federal agencies. "Normal maintenance of vegetation" means removal of shrubs/nonwoody vegetation and trees (less than four -inch diameter at breast height) that occurs at least every other year. Maintenance also may include tree topping that has been previously approved by the city in the past five years. "Noxious weeds" means any plant that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to those plants on the state noxious weed list contained in Chapter 16-750 WAC. "Planning staff' means those employed in the planning division of the city of Edmonds planning and development department. "Qualified critical areas consultant" or "qualified professional" means a person who has the qualifications specified below to conduct critical areas studies pursuant to this title, and to make recommendations for critical areas mitigation. For geologically hazardous areas, the qualified critical areas consultant shall be a geologist or engineering geologist licensed in the state of Washington to assess the potential hazard. If development is to take place within a geologically hazardous area, the qualified critical areas consultant developing mitigation plans and design shall be a professional engineer licensed in the state of Washington and familiar with landslide and slope stability mitigation. For wetlands and streams, the qualified critical areas consultant shall be a specialist in botany, fisheries, wetland biology, and/or hydrology with a minimum of five years' field experience with wetlands and/or Packet Pg. 326 7.4.a streams in the Pacific Northwest. Requirements defining a qualified critical areas consultant or qualified professional are contained within the chapter on each critical area type. "Reasonable economic use(s)" means the minimum use to which a property owner is entitled under applicable state and federal constitutional provisions in order to avoid a taking and/or violation of substantive due process. "Redeveloped land(s)" means those lands on which existing structures are demolished in their entirety to allow for new development. The director shall maintain discretion to determine if the demolition of a majority of existing structures or portions thereof constitute the redevelopment of a property or subject parcel. "Restoration" means the actions necessary to return a stream, wetland or other critical area to a state in which its stability, functions and values approach its unaltered state as closely as possible. For wetlands, restoration as compensatory mitigation may include reestablishment or rehabilitation. Seismic Hazard Areas. See ECDC 23.80.020(C). "Species of local importance" means those species that are of local concern due to their population status, their sensitivity to habitat manipulation, or that are game (hunted) species. (See ECDC 23.90.010(A)(4).) "Stormwater Management Manual' means the stormwater manual specified in Chapter 18.30 ECDC. "Streams" means any area where surface waters produce a defined channel or bed which demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices (drainage ditches) or other entirely artificial watercourses unless they are used by salmonids or used to convey streams naturally occurring prior to construction of such watercourse. Streams are further classified into Categories S, F, Np and Ns and fishbearing or nonfishbearing 1, 2 and 3. (See ECDC 23.90.010(A)(1).) "Title" means all chapters of the city of Edmonds Community Development Code beginning with the digits 23. "Undeveloped land(s)" means land(s) on which manmade structures or land modifications (clearing, grading, etc.) do not exist. The director retains discretion to identify undeveloped land(s) in those instances where historical modifications and structures may have existed on a property or subject parcel in the past. "Wetland functions" means those natural processes performed by wetlands, such as facilitating food chain production; providing habitat for nesting, rearing and resting sites for aquatic, terrestrial or avian species; maintaining the availability and quality of water; acting as recharge and/or discharge areas for ground water aquifers; and moderating surface water ands stormwater flows. "Wetland mitigation bank" means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources. "Wetlands" means those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands if permitted by the city (WAC 365-190-030(22)). Wetlands are further classified into Categories 1, 2, 3 and 4. (See ECDC 23.50.010(B).) [Ord. 4299 § 67 (Exh. A), 2023; Ord. 4026 § 1 (Art. A), 2016; Ord. 3952 § 1, 2013; Ord. 3931 § 2, 2013; Ord. 3527 § 2, 2004. Formerly 23.40.320]. Packet Pg. 327 7.4.a Section 23.40.020 Relationship to other regulations. A. These critical areas regulations shall apply as an overlay and in addition to zoning, site development, stor-m water stormwater management, building and other regulations adopted by the city of Edmonds. B. Any individual critical area adjoined or overlain by another type of critical area shall have the buffer and meet the requirements that provide the most protection to the critical areas involved. When any provision of this title or any existing land use regulation conflicts with this title, that which provides more protection to the critical area shall apply- C. These critical areas regulations shall be coordinated with review conducted under the State Environmental Policy Act (SEPA), as necessary and locally adopted. D. Compliance with the provisions of this title does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, shoreline substantial development permits, Hydraulic Permit Act (HPA) permits, Section 106 of the National Historic Preservation Act, U.S. Army Corps of Engineers Section 404 permits, and National Pollution Discharge Elimination System permits). The applicant is responsible for complying with these requirements, apart from the process established in this title. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Section 23.40.090 Critical areas report — Requirements. A. Preparation by Qualified Professional. The applicant shall submit a critical areas report prepared by a qualified professional as defined herein. For wetlands, frequently flooded areas and fish and wildlife habitat conservation areas, an applicant may choose one of the qualified technical consultants on the city's approved list to prepare critical areas reports per the requirements of this title or may apply to utilize an alternative consultant. Critical areas studies and reports developed by an alternative consultant may be subject to independent review pursuant to subsection (B) of this section. All costs associated with the critical areas study shall be borne by the applicant. B. Independent Review of Critical Areas Reports. Critical areas studies and reports on geologically hazardous areas and those developed by an applicant representative or consultant not as part of a three -party contract may, at the discretion of the director, be subject to independent review. This independent review shall be performed by a qualified technical consultant selected by the city with all costs borne by the applicant. The purpose of such independent review is to provide the city with objective technical assistance in evaluating the accuracy of submitted reports and/or the effects on critical areas which may be caused by a development proposal and to facilitate the decision -making process. The director may also have technical assistance provided by appropriate resource agency staff if such assistance is available in a timely manner. C. Best Available Science. The critical areas report shall use scientifically valid methods and studies in the analysis of critical areas data and field reconnaissance and reference the source of science used. The critical areas report shall evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this title. D. Minimum Report Contents. At a minimum, the report shall contain the following: 1. The name and contact information of the applicant, a description of the proposal, and identification of the permit requested; 2. A copy of the site plan for the development proposal including: a. A map to scale depicting critical areas, buffers, the development proposal, and any areas to be cleared; and b. A description of the proposed storm wate stormwater management plan for the development and consideration of impacts to drainage alterations; c. The site plan shall identify the location of all native and nonnative vegetation of six inches dbh or larger; Packet Pg. 328 7.4.a 3. The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site; 4. Identification and characterization of all critical areas, wetlands, water bodies, shorelines, and buffers adjacent to the proposed project area; 5. A description of reasonable efforts made to apply mitigation sequencing pursuant to ECDC 23.40.120, Mitigation sequencing, to avoid, minimize, and mitigate impacts to critical areas; 6. Report requirements specific to each critical area type as indicated in the corresponding chapters of this title; 7. A statement specifying the accuracy of the report and all assumptions made and relied upon; 8. A description of the methodologies used to conduct the critical areas study, including references; and 9. Plans for adequate mitigation, as needed to offset any critical areas impacts, in accordance with the mitigation plan requirements in ECDC 23.40.130. E. Unless otherwise provided, a critical areas report may incorporate, be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the director. At the discretion of the director, reports previously compiled or submitted as part of a proposal for development may be used as a critical areas report to the extent that the requirements of this section and the report requirements for each specific critical area type are met. F. Critical areas reports shall be considered valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Section 23.40.220 Allowed activities. A. Critical Area Report. Activities allowed under this title shall have been reviewed and permitted or approved by the city of Edmonds or other agency with jurisdiction, but do not require submittal of a critical area report, unless such submittal was required previously for the underlying permit. The director may apply conditions to the underlying permit or approval to ensure that the allowed activity is consistent with the provisions of this title to protect critical areas. B. Required Use of Best Management Practices. All allowed activities shall be conducted using the best management practices that result in the least amount of impact to the critical areas. Best management practices shall be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The city may observe or require independent inspection of the use of best management practices to ensure that the activity does not result in degradation to the critical area. Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced at the responsible party's expense. C. Allowed Activities. The following activities are allowed: 1. Permit Requests Subsequent to Previous Critical Areas Review. Development permits and approvals that involve both discretionary land use approvals (such as subdivisions, rezones, or conditional use permits) and construction approvals (such as building permits) if all of the following conditions have been met: a. The provisions of this title have been previously addressed as part of another approval; b. There have been no material changes in the potential impact to the critical area or buffer since the prior review; c. The permit or approval has not expired or, if no expiration date, no more than five years have elapsed since the issuance of that permit or approval; Packet Pg. 329 7.4.a d. There is no new information available that is applicable to any critical area review of the site or particular critical area•, and e. Compliance with any standards or conditions placed upon the prior permit or approval has been achieved or secured; 2. Modification to Structures Existing Outside of Critical Areas and/or Buffers. Structural modification of, addition to, or replacement of a legally constructed structure existing outside of a critical area or its buffer that does not further alter or increase the impact to the critical area or buffer and there is no increased risk to life or property as a result of the proposed modification or replacement; 3. Modifications to Existing Structures within Critical Areas and/or Buffers. Modification to a legally constructed structure existing within a critical area or buffer shall be allowed when the modification: a. Does not increase the footprint of the structure; and b. Does not increase the impact to the critical area or buffer; and c. Does not increase risk to life or property as a result of the proposed modification or replacement. Additions to legally constructed structures existing within a critical area or buffer that do increase the existing footprint of development shall be subject to and permitted in accordance with the development standards of the associated critical area type (see ECDC 23.50.040 and 23.90.040). This provision shall be interpreted to supplement the provisions of the Edmonds Community Development Code relating to nonconforming structures in order to permit the full reconstruction of a legal nonconforming building within its footprint; 4. Development Proposals within Interrupted Stream or Wetland Buffers. Adjacent areas that may be physically separated from a stream or wetland due to existing, legally established structures or paved areas may be exempted from the prescribed buffer widths if proven scientifically to be functionally isolated from the stream or wetland. The director will require the applicant to provide a site assessment and functional analysis documentation report by a qualified critical area consultant that demonstrates the interrupted buffer area is functionally isolated. The director shall consider the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the physical separation; 5. Activities within the Improved Right -of -Way. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, when such facilities are located within the improved portion of the public right-of-way or a city -authorized private roadway, except those activities that alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased storm wate stormwater; 6. Minor Utility Projects. Utility projects that have minor or short -duration impacts to critical areas, as determined by the director in accordance with the criteria below, and which do not significantly impact the function or values of a critical area(s); provided, that such projects are constructed with best management practices and additional restoration measures are provided. Minor activities shall not result in the transport of sediment or increased storm wate stormwater. Such allowed minor utility projects shall meet the following criteria: a. There is no practical alternative to the proposed activity with less impact on critical areas; b. The activity involves the placement of utility pole(s), street sign(s), anchor(s), or vault(s) or other small component(s) of a utility facility; and c. The activity involves disturbance of an area less than 75 square feet; 7. Public and Private Pedestrian Trails. New public and private pedestrian trails subject to the following: Packet Pg. 330 7.4.a a. The trail surface shall be limited to pervious surfaces and meet all other requirements, including water quality standards set forth in the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19; b. Critical area and/or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; c. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report; and d. Trails located only in the outer 25 percent of critical areas buffers, and located to avoid removal of significant trees. Where existing legally established development has reduced the width of the critical areas buffer, trails may be placed in the outer 25 percent of the remaining critical area buffer. The trail shall be no more than five feet in width and for pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable. Allowances for trails within the inner 75 percent of critical areas buffers are provided within applicable sections of Chapters 23.50 through 23.90 ECDC; 8. Select Vegetation Removal Activities. The following vegetation removal activities: a. The removal of the following vegetation with hand labor and hand tools for the purpose of habitat restoration when the area of work is under 1,500 square feet in area per year: i. Invasive and noxious weeds; ii. English ivy (Hedera helix); iii. Himalayan blackberry (Rubus discolor, R. procerus); iv. Evergreen blackberry (Rubus laciniatus); v. Scot's broom (Cytisus scoparius); and vi. Hedge and field bindweed (Convolvulus sepium and C. arvensis); Removal of these invasive and noxious plant species shall be restricted to hand removal unless permits or approval from the appropriate regulatory agencies have been obtained for approved biological or chemical treatments or other removal techniques. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate to that species. For activities intended to protect or restore habitat in wetlands or fish and wildlife habitat conservation areas, vegetation removal under this section may exceed the 1,500 square foot limitation if: i. The activity is proposed and managed by a nonprofit or other organization, approved by the city, that has demonstrated expertise and experience in the restoration or invasive removal activity; and ii. The project sponsor provides a specific proposal identifying the scope and location of the project, provides for project supervision, and includes a monitoring and inspection schedule acceptable to the city and approved by the appropriate city department; b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property; provided, that: Packet Pg. 331 7.4.a i. The applicant submits a report from an ISA- or ASCA-certified arborist or registered landscape architect that documents the hazard and provides a replanting schedule for the replacement trees; ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be removed or converted to wildlife snags; iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless removal is warranted due to the potential for disease or pest transmittal to other healthy vegetation or unless removal is warranted to improve slope stability; iv. The land owner shall replace any trees that are removed with new trees at a ratio of two replacement trees for each tree removed (2:1) within one year in accordance with an approved restoration plan. Replacement trees may be planted at a different, nearby location if it can be determined that planting in the same location would create a new hazard or potentially damage the critical area. Replacement trees shall be species that are native and indigenous to the site and a minimum of one to two inches in diameter at breast height (dbh) for deciduous trees and a minimum of six feet in height for evergreen trees as measured from the top of the root ball; v. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods of removal that will minimize impacts; and vi. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the land owner prior to receiving written approval from the city; provided, that within 14 days following such action, the land owner shall submit a restoration plan that demonstrates compliance with the provisions of this title; c. Measures to control a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in kind or with similar native species within one year in accordance with an approved restoration plan; d. Chemical Applications. The application of herbicides, pesticides, organic or mineral -derived fertilizers, or other hazardous substances, if necessary, as approved by the city; provided, that their use shall be restricted in accordance with State Department of Fish and Wildlife Management Recommendations and the regulations of the State Department of Agriculture, the U.S. Environmental Protection Agency, and Department of Ecology; and e. Unless otherwise provided, or as a necessary part of an approved alteration, removal of any vegetation or woody debris from a fish and wildlife habitat conservation area or wetland shall be prohibited; 9. Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored; and 10. Navigational Aids and Boundary Markers. Construction or modification of navigational aids and boundary markers. [Ord. 4106 § 1, 2018; Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Section 23.40.240 Unauthorized critical area alterations and enforcement. A. When a critical area or its buffer has been altered in violation of this title or the provisions of Chapter 7.200 ECC, all ongoing development work shall stop and the critical area shall be restored. The director shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of the provisions of this title. The director may also require an applicant or property owner to take immediate action to ensure site stabilization and/or erosion control as needed. Packet Pg. 332 7.4.a B. Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is prepared and approved by the director. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in subsection (C) of this section. The director shall, at the violator's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal. C. Minimum Performance Standards for Restoration. 1. For alterations to frequently flooded areas, wetlands, and fish and wildlife habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified: a. The historic structural and functional values shall be restored, including water quality and habitat functions; b. The historic soil types and configuration shall be replicated; c. The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and d. Information demonstrating compliance with the requirements in ECDC 23.40.130, Mitigation plan requirements, shall be submitted to the city planning division. 2. For alterations to flood and geological hazards, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater safety can be obtained, these standards may be modified: a. The hazard shall be reduced to a level equal to, or less than, the predevelopment hazard; b. Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and c. The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard. D. Site Investigations. The director is authorized to make site inspections and take such actions as are necessary to enforce this title. The director shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property. E. Penalties. Any person, party, firm, corporation, or other legal entity convicted of violating any of the provisions of this title shall be guilty of a misdemeanor and subject to penalties not to exceed a square footage cost of $3.00 per square foot of impacted critical area and critical area buffer and/or a per tree penalty consistent with ECDC 23.10.100(C) 18.45.070(B) an (Q. Any development carried out contrary to the provisions of this title shall constitute a public nuisance and may be enjoined as provided by the statutes of the state of Washington. The city of Edmonds may levy civil penalties against any person, party, firm, corporation, or other legal entity for violation of any of the provisions of this title. The civil penalty shall be assessed as prescribed in ECDC ' 8.4 5 8.^�5.23.10.100(C). [Ord. 4026 § 1 (Att. A), 2016; Ord. 3828 § 2, 2010; Ord. 3527 § 2, 2004]. Section 23.50.040 Development standards — Wetlands. A. Activities may only be permitted in a wetland buffer if the applicant can show that the proposed activity will not degrade the functions and functional performance of the wetland and other critical areas. B. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this title. C. Category I Wetlands. Activities and uses shall be prohibited from Category I wetlands, except as provided for in the public agency and utility exception, reasonable use exception, and variance sections of this title. Packet Pg. 333 7.4.a D. Category II Wetlands. With respect to activities proposed in Category II wetlands, the following standards shall apply: 1. Water -dependent activities may be allowed where there are no practicable alternatives that would have a less adverse impact on the wetland, its buffers and other critical areas. 2. Where non -water -dependent activities are proposed, it shall be presumed that alternative locations are available, and activities and uses shall be prohibited, unless the applicant demonstrates that: a. The basic project purpose cannot be accomplished as proposed and successfully avoid, or result in less adverse impact on, a wetland on another site or sites in the general region; and b. All alternative designs of the project as proposed, such as a reduction in the size, scope, configuration, or density of the project, would not avoid or result in less of an adverse impact on a wetland or its buffer. E. Category III and IV Wetlands. Activities and uses that result in unavoidable and necessary impacts may be permitted in Category III and IV wetlands and associated buffers in accordance with an approved critical areas report and mitigation plan. F. Wetland Buffers. 1. Buffer Requirements. The following buffer widths have been established in accordance with the best available science. They are based on the category of wetland and the habitat score as determined by a qualified wetland professional using the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029, or as revised and approved by Ecology). The adjacent land use intensity is assumed to be high. a. For wetlands that score six points or more for habitat function, the buffers in subsection (F)(1)(e) of this section can be used if both of the following criteria are met: i. A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any other priority habitats as defined by the Washington State Department of Fish and Wildlife. The corridor must be protected for the entire distance between the wetland and the priority habitat by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, subsection (F)(1)(e) of this section may be used with the required measures in subsection (F)(1)(f) of this section alone. ii. The measures in subsection (F)(1)(f) of this section are implemented, where applicable, to minimize the impacts of the adjacent land uses. b. For wetlands that score three to five habitat points, only the measures in subsection (F)(1)(f) of this section are required for the use of subsection (F)(1)(e) of this section. c. If an applicant chooses not to apply the mitigation measures in subsection (F)(1)(f) of this section, or is unable to provide a protected corridor where available, then subsection (F)(1)(g) of this section must be used. d. The buffer widths in subsections (F)(1)(e) and (F)(1)(g) of this section assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. e. Wetland Buffer Requirements for Western Washington If Subsection (F)(1)(f) of This Section Is Implemented and Corridor Provided. Packet Pg. 334 7.4.a Buffer Width (in Feet) Based on Habitat Score Wetland Category Habitat Score: Habitat Score: Habitat Score: 3-5 6-7 8-9 Category I: 75 110 225 Based on total score Category I: 190 225 Bogs and wetlands of high conservation value Category I: 75 110 225 Forested Category I: 225 Interdunal (buffer width not based on habitat scores) Category I: 150 Estuarine and coastal (buffer width not based on habitat scores) lagoons Category II: 75 110 225 Based on score Category II: 110 Interdunal wetlands (buffer width not based on habitat scores) Category II: 110 Estuarine and coastal (buffer width not based on habitat scores) lagoons Category III (all) 60 110 225 Category IV (all) 40 f. Required Measures to Minimize Impacts to Wetlands (All Measures Are Required If Applicable to a Specific Proposal). Disturbance Required Measures to Minimize Impacts Lights Direct lights away from wetland Noise Locate activity that generates noise away from wetland If warranted, enhance existing buffer with native vegetation planting adjacent to noise source For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10-foot heavily vegetated buffer strip immediately adjacent to the outer wetland buffer Toxic runoff Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered Establish covenants limiting use of pesticides within 150 feet of wetland Apply integrated pest management Storm wxsscx••••,te_ Stormwater Retrofit stonn wa4e_ storrnwater detention and treatment for roads and existing adjacent development runoff Prevent channelized flow from lawns that directly enters the buffer Use low -intensity development techniques (for more information see stoFm watestormwater ordinance and manual) Change in water regime Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pets and human disturbance Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion Place wetland and its buffer in a separate tract or protect with a conservation easement Dust Use best management practices to control dust g. Wetland Buffer Requirements for Western Washington If Subsection (F)(1)(f) of This Section Is Not Implemented or Corridor Not Provided. Packet Pg. 335 7.4.a Buffer Width (in Feet) Based on Habitat Score Wetland Category Habitat Score: Habitat Score: Habitat Score: 3-5 6-7 8-9 Category I: 100 150 300 Based on total score Category I: 250 300 Bogs and wetlands of high conservation value Category I: 100 150 300 Forested Category I: 300 Interdunal (buffer width not based on habitat scores) Category I: 200 Estuarine and coastal (buffer width not based on habitat scores) lagoons Category II: 100 150 300 Based on score Category II: 150 Interdunal wetlands (buffer width not based on habitat scores) Category II: 150 Estuarine and coastal (buffer width not based on habitat scores) lagoons Category III (all) 80 150 300 Category IV (all) 50 2. Increased Wetland Buffer Widths. The director shall require increased buffer widths in accordance with the recommendations of an experienced, qualified professional wetland scientist and the best available science on a case -by -case basis when a larger buffer is necessary to protect wetland functions and values based on site -specific characteristics. This determination shall be based on one or more of the following criteria: a. A larger buffer is needed to protect other critical areas; b. The buffer or adjacent uplands has a slope greater than 15 percent or is susceptible to erosion and standard erosion control measures will not prevent adverse impacts to the wetland; c. The buffer area has minimal vegetative cover. In lieu of increasing the buffer width where existing buffer vegetation is inadequate to protect the wetland functions and values, development and implementation of a wetland buffer enhancement plan in accordance with this subsection (F)(3) may substitute; or d. The wetland and/or buffer is occupied by a federally listed threatened or endangered species, a bald eagle nest, a great blue heron rookery, or a species of local importance; and it is determined by the director that an increased buffer width is necessary to protect the species. 3. Measurement of Wetland Buffers. All buffers shall be measured from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. 4. Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer requirements of this chapter. Packet Pg. 336 7.4.a 5. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this title, wetland buffers shall be retained in an undisturbed or enhanced condition. Removal of invasive nonnative weeds is required for the duration of the mitigation bond. G. Wetland Buffer Modifications and Uses. 1. Where wetland or buffer alterations are permitted by the city of Edmonds, the applicant shall mitigate impacts to achieve no net loss of wetland acreage and functions consistent with ECDC 23.50.050 and other applicable provisions of this title. 2. At the discretion of the director, standard wetland buffers may be averaged or reduced when consistent with all criteria in this subsection (G). Wetland buffer averaging with enhancement shall be preferred over wetland buffer reduction with enhancement. Wetland buffer reduction shall only be approved by the director when buffer averaging cannot be accomplished on site. 3. Wetland Buffer Width Averaging with Buffer Enhancement. The director may allow modification of a standard wetland buffer width in accordance with an approved critical areas report and the best available science on a case -by -case basis by averaging buffer widths. Any allowance for averaging buffer widths shall only be granted concomitant to the development and implementation of a wetland buffer enhancement plan for areas of buffer degradation. Only those portions of a wetland buffer existing within the project area or subject parcel shall be considered the total standard buffer for buffer averaging. Averaging of buffer widths may only be allowed where a qualified professional wetland scientist demonstrates that: a. The buffer averaging and enhancement plan provides evidence that wetland functions and values will be: i. Increased or retained through plan implementation for those wetlands where existing buffer vegetation is generally intact; or ii. Increased through plan implementation for those wetlands where existing buffer vegetation is inadequate to protect the functions and values of the wetland; b. The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places; c. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for wetlands extending off site, after averaging is no less than that which would be contained within a standard buffer; and d. The buffer width at any single location is not reduced by more than 25 percent of the standard buffer width. 4. Buffer Width Reductions through Buffer Enhancement. At the discretion of the director, and only when buffer averaging cannot be accomplished on site, wetland buffer width reductions (or approval of standard buffer widths for wetlands where existing buffer conditions require increased buffer widths) may be granted concomitant to the development and implementation of a wetland buffer enhancement plan for Category III and IV wetlands only. Approval of a wetland buffer enhancement plan shall, at the discretion of the director, allow for wetland buffer width reductions by no more than 25 percent of the standard width; provided, that: a. The plan provides evidence that wetland functions and values will be: i. Increased or retained through plan implementation for those wetlands where existing buffer vegetation is generally intact; or ii. Increased through plan implementation for those wetlands where existing buffer vegetation is inadequate to protect the functions and values of the wetland; Packet Pg. 337 7.4.a b. The plan documents existing native plant densities and provides for increases in buffer native plant densities to no less than three feet on center for shrubs and eight feet on center for trees; c. The plan requires monitoring and maintenance to ensure success in accordance with ECDC 23.40.130(D); and d. The plan specifically documents methodology and provides performance standards including but not limited to: i. Percent vegetative cover; ii. Percent invasive species cover; iii. Species richness; and iv. Amount of large woody debris. 5. Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with the review procedures of this title; provided, they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: a. All activities allowed by ECDC 23.50.020, Allowed activities — Wetlands. b. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife. c. Passive Recreation. Passive recreation facilities designed and in accordance with an approved critical area report, including: i. Walkways and trails; provided, that those pathways are generally constructed with a surface that does not interfere with substrate permeability, are generally located only in the outer 25 percent of wetland buffers, and are located to avoid removal of significant trees. Where existing legally established development has reduced the width of the wetland buffer, trails may be placed in the outer 25 percent of the remaining wetland buffer. The trail shall be no more than five feet in width and for pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable. The director may allow trails within the inner 25 percent of wetland buffers when required to provide access to wildlife viewing structures, fishing access areas, or connections to other trail facilities; ii. Wildlife viewing structures; and iii. Fishing access areas down to the water's edge that shall be no larger than six feet. d. StaFm Wa4e Stormwater Management Facilities. Stel:FflStormwater management facilities, limited to outfalls, pipes and conveyance systems, storm water stormwater dispersion outfalls and bioswales, may be allowed within the outer 25 percent of a standard or modified buffer for Category III or IV wetlands only; provided, that: i. No other location is feasible; and ii. The location and function of such facilities will not degrade the functions or values of the wetland. iii. Storm Stormwater management facilities are not allowed in buffers of Category I or II wetlands. iv. Projects shall also comply with all applicable requirements in Chapter 18.30 ECDC, Storm Water Stormwater Management, including Minimum Requirement No. 8, Wetland Protection. H. Signs and Fencing of Wetlands. Packet Pg. 338 7.4.a 1. Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur and are subject to inspection by the director prior to the commencement of permitted activities. The director may require the use of fencing to protect wetlands from disturbance and intrusion. Temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place. 2. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the director may require the applicant to install permanent signs along the boundary of a wetland or buffer. a. Permanent signs shall be made of an enamel -coated metal face and attached to a metal post or another nontreated material of equal durability. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the director: Protected Wetland Area Do Not Disturb Contact the City of Edmonds Regarding Uses and Restrictions b. The provisions of subsection (H)(2)(a) of this section may be modified as necessary to assure protection of sensitive features or wildlife. 3. Permanent Fencing. Permanent fencing shall be required at the outer edge of the critical area buffer under the following circumstances; provided, that the director may waive this requirement: a. As part of any development proposal for single-family plats, single-family short plats, multifamily, mixed use, and commercial development where the director determines that such fencing is necessary to protect the functions of the critical area; provided, that breaks in permanent fencing may be allowed for access to permitted buffer uses (subsection (G)(5) of this section); b. As part of development proposals for parks where the adjacent proposed use is active recreation and the director determines that such fencing is necessary to protect the functions of the critical area; c. When buffer averaging is employed as part of a development proposal; d. When buffer reductions are employed as part of a development proposal; or e. At the director's discretion to protect the values and functions of a critical area. 1. Additions to Structures Existing within Wetlands and/or Wetland Buffers. 1. Additions to legally constructed structures existing within wetlands or wetland buffers that increase the footprint of development or impervious surfacing shall be permitted consistent with the development standards of this section; provided, that a wetland and/or buffer enhancement plan is provided to mitigate for impacts consistent with this title; and provided, that all impacts from temporary disturbances within the critical area buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. Provisions for standard wetland buffers, wetland buffer averaging with enhancement, and buffer reductions with enhancement require applicants to locate such additions in accordance with the following sequencing: a. Outside of the standard wetland buffer; b. Outside of a wetland buffer averaged (with enhancement) per subsection (G)(3) of this section; Packet Pg. 339 7.4.a c. Outside of a wetland buffer reduced (with enhancement) per subsection (G)(4) of this section; d. Outside of the inner 25 percent of the standard wetland buffer width with no more than 300 square feet of structure addition footprint within the inner 50 percent of the standard wetland buffer width; provided, that enhancement is provided at a minimum three -to -one (3: 1) ratio (enhancement -to -impact); e. Outside of the inner 25 percent of the standard wetland buffer width with no more than 500 square feet of new footprint within the inner 50 percent of the standard wetland buffer width; provided, that enhancement is provided at a minimum five -to -one (5:1) ratio (enhancement -to -impact), and that stei:frr water stormwater low impact development (LID) techniques and other measures are included as part of the wetland/buffer enhancement plan. 2. Where meeting wetland buffer enhancement requirements required by subsection (I)(1) of this section would result in enhancement that is separated from the critical area due to uncommon property ownership, alternative enhancement approaches may be approved by the director. Alternative approaches could include a vegetated rain garden that receives storm runoff, replacement of existing impervious surfaces with pervious materials, or other approaches that provide ecological benefits to the adjacent critical area. 3. Additions to legally constructed structures existing within wetlands or wetland buffers that cannot be accommodated in accordance with the sequencing in subsection (I)(1) of this section (e.g., additions proposed within a wetland or the inner 25 percent of a standard buffer width) may be permitted at the director's discretion as a variance subject to review by the city hearing examiner and the provisions of ECDC 23.40.210 J. Development Proposals within the Footprint of Existing Development. New development shall be allowed within the footprint of existing development occurring within a wetland buffer; provided, that the following conditions are met: 1. The footprint of existing development was legally established, and is consistent with the definition provided in ECDC 23.40.005; 2. The proposed development within the footprint of existing development is sited as far away from the wetland edge as is feasible; 3. As part of the development proposal, opportunities to reduce the footprint of existing development are implemented where such reduction would increase the buffer width adjacent to the wetland and not represent an undue burden given the scale of the proposed development; 4. The proposed development includes enhancement to the adjacent wetland and associated buffer in order to improve functions degraded by previous development; 5. Enhancement is provided as wetland or buffer enhancement for an equivalent area of the footprint of the newly proposed development within the footprint of existing development occurring in a wetland buffer, or through an alternative approach approved by the director that restores degraded functions of the wetland and remaining buffer; and 6. Impacts from temporary disturbances within the wetland buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. K. Exemptions and Allowed Uses in Wetlands. The following wetlands may be exempt from the requirement to avoid impacts (ECDC 23.40.120(B)(1)), and they may be filled if the impacts are fully mitigated based on the remaining actions in ECDC 23.40.120(B)(2) through (6). If available, impacts should be mitigated through the purchase of credits from an in -lieu fee program or mitigation bank, consistent with the terms and conditions of the program or bank. In order to verify the following conditions, a critical area report for wetlands meeting the requirements in ECDC 23.50.030 must be submitted: 1. All isolated Category IV wetlands less than 4,000 square feet that: Packet Pg. 340 7.4.a a. Are not associated with riparian areas or their buffers; b. Are not associated with shorelines of the state or their associated buffers; c. Are not part of a wetland mosaic; d. Do not score six or more points for habitat function based on the 2014 update to the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029, or as revised and approved by Ecology); and e. Do not contain a priority habitat or a priority area for a priority species identified by the Washington Department of Fish and Wildlife, do not contain federally listed species or their critical habitat, or species of local importance identified in Chapter 23.90 ECDC. 2. Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally listed species or their critical habitat are exempt from the buffer provisions contained in this chapter. [Ord. 4127 § 3, 2018; Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Section 23.80.010 Designation, rating and mapping — Geologically hazardous areas. Geologically hazardous areas include areas susceptible to erosion, land sliding, earthquake, or other geological events. They pose a threat to the health and safety of eitizen residents when incompatible development is sited in areas of significant hazard. Such incompatible development may not only place itself at risk, but also may increase the hazard to surrounding development and use. Areas susceptible to one or more of the following types of hazards shall be designated as a geologically hazardous area: A. Erosion hazard; B. Landslide hazard; and C. Seismic hazard. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Section 23.80.040 Allowed activities — Geologically hazardous areas. The following activities are allowed in geologically hazardous areas as consistent with ECDC 23.40.220, Allowed activities, Chapter 19.10 ECDC, Building Permits — Earth Subsidence and Landslide Hazard Areas, and Chapter 18.30 ECDC, Storm Wate Stormwater Management, and do not require submission of a critical area report: A. Erosion and Landslide Hazard Areas. Except for installation of fences and as otherwise provided for in this title, only those activities approved and permitted consistent with an approved critical areas report in accordance with this title shall be allowed in erosion or landslide hazard areas. B. Seismic Hazard Areas. The following activities are allowed within seismic hazard areas: 1. Construction of new buildings with less than 2,500 square feet of floor area or roof area, whichever is greater, and which are not residential structures or used as places of employment or public assembly; 2. Additions to existing single -story residences that are 250 square feet or less; and 3. Installation of fences. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Packet Pg. 341 7.4.a Section 23.80.070 Development standards — Specific hazards. A. Erosion and Landslide Hazard Areas. Activities on sites containing erosion or landslide hazards shall meet the requirements of ECDC 23.80.060, Development standards — General requirements, and the specific following requirements: 1. Minimum Building Setback. The minimum setback shall be the distance required to ensure the proposed structure will not be at risk from landslides for the life of the structure, considered to be 120 years, and will not cause an increased risk of landslides taking place on or off the site. A setback shall be established from all edges of landslide hazard areas. The size of the setback shall be determined by the director consistent with recommendations provided in the geotechnical report to eliminate or minimize the risk of property damage, death, or injury resulting from landslides caused in whole or part by the development, based upon review of and concurrence with a critical areas report prepared by a qualified professional; 2. Buffer Requirements. A buffer may be established with specific requirements and limitations, including but not limited to, drainage, grading, irrigation, and vegetation. Buffer requirements shall be determined by the director consistent with recommendations provided in the geotechnical report to eliminate or minimize the risk of property damage, death, or injury resulting from landslides caused in whole or part by activities within the buffer area, based upon review of and concurrence with a critical areas report prepared by a qualified professional; 3. Alterations. Alterations of an erosion or landslide hazard area, minimum building setback and/or buffer may only occur for activities for which a hazards analysis is submitted and certifies that: a. The alteration will not increase surface water discharge or sedimentation to adjacent properties beyond predevelopment conditions; b. The alteration will not decrease slope stability on adjacent properties; and c. Such alterations will not adversely impact other critical areas; 4. Design Standards within Erosion and Landslide Hazard Areas. Development within an erosion or landslide hazard area and/or buffer shall be designed to meet the following basic requirements unless it can be demonstrated that an alternative design that deviates from one or more of these standards provides greater long-term slope stability while meeting all other provisions of this title. The requirement for long-term slope stability shall exclude designs that require regular and periodic maintenance to maintain their level of function. The basic development design standards are: a. The proposed development shall not decrease the factor of safety for landslide occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic conditions. If stability at the proposed development site is below these limits, the proposed development shall provide practicable approaches to reduce risk to human safety and improve the factor of safety for landsliding. In no case shall the existing factor of safety be reduced for the subject property or adjacent properties; b. Structures and improvements shall be clustered to avoid geologically hazardous areas and other critical areas; c. Structures and improvements shall minimize alterations to the natural contour of the slope, and foundations shall be tiered where possible to conform to existing topography; d. Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation; e. The proposed development shall not result in greater risk or a need for increased buffers on neighboring properties; f. The use of retaining walls that allow the maintenance of existing natural slope area is preferred over graded artificial slopes; and Packet Pg. 342 7.4.a g. Development shall be designed to minimize impervious lot coverage; 5. Vegetation Retention. Unless otherwise provided or as part of an approved alteration, removal of vegetation from an erosion or landslide hazard area or related buffer shall be prohibited; 6. Seasonal Restriction. Clearing shall be allowed only from May 1 st to October 1 st of each year; provided, that the director may extend or shorten the dry season on a case -by -case basis depending on actual weather conditions, except that timber harvest, not including brush clearing or stump removal, may be allowed pursuant to an approved forest practice permit issued by the city of Edmonds or the Washington State Department of Natural Resources; 7. Point Discharges. Point discharges from surface water facilities and roof drains onto or upstream from an erosion or landslide hazard area shall be prohibited except as follows: a. Conveyed via continuous storm pipe downslope to a point where there are no erosion hazard areas downstream from the discharge; b. Discharged at flow durations matching predeveloped conditions, with adequate energy dissipation, into existing channels that previously conveyed stom wate stormwater runoff in the predeveloped state; or c. Dispersed discharge upslope of the steep slope onto a low -gradient, undisturbed buffer demonstrated to be adequate to infiltrate all surface and stefm wa4e stormwater runoff, and where it can be demonstrated that such discharge will not increase the saturation of the slope; and 8. Prohibited Development. On -site sewage disposal systems, including drain fields, shall be prohibited within erosion and landslide hazard areas and related buffers. B. Earth Subsidence and Landslide Hazard Area. In addition to the requirements of this chapter, development proposals for lands located within the earth subsidence and landslide hazard area as indicated on the critical areas inventory shall be subject to the provisions of Chapter 19.10 ECDC. C. Seismic Hazard Areas. Activities proposed to be located in seismic hazard areas shall meet the standards of ECDC 23.80.060, Development standards — General requirements. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Section 23.90.040 Development standards — Specific habitats. A. Endangered, Threatened, and Sensitive Species. 1. No development shall be allowed within a fish and wildlife habitat conservation area or buffer with which state or federally endangered, threatened, or sensitive species have a primary association, except that which is provided for by a management plan established by the Washington Department of Fish and Wildlife or applicable state or federal agency. 2. Whenever activities are proposed adjacent to a fish and wildlife habitat conservation area with which state or federally endangered, threatened, or sensitive species have a primary association, such area shall be protected through the application of protection measures in accordance with a critical areas report prepared by a qualified professional and approved by the director. Approval for alteration of land adjacent to the fish and wildlife habitat conservation area or its buffer shall not occur prior to consultation with the Washington Department of Fish and Wildlife for animal species, the Washington State Department of Natural Resources for plant species, and other appropriate federal or state agencies. 3. Bald eagle habitat is subject to the Federal Bald and Golden Eagle Protection Act. Washington State bald eagle protection rules (WAC 232-12-292) shall not be required as long as bald eagles are not listed as a state endangered or threatened species. B. Anadromous Fish. Packet Pg. 343 7.4.a 1. All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, adhering to the following standards: a. Activities shall be timed to occur only during the allowable work window as designated by the Washington Department of Fish and Wildlife for the applicable species; b. An alternative alignment or location for the activity is not feasible; c. The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas; d. Shoreline erosion control measures shall be designed to use bioengineering methods or soft armoring techniques, according to an approved critical areas report; and e. Any impacts to the functions or values of the fish and wildlife habitat conservation area are mitigated in accordance with an approved critical areas report. 2. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped or harmed. 3. Fills, when authorized, shall not adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impacts and shall only be allowed for a water -dependent use. C. Retention of Vegetation on Subdividable, Undeveloped Parcels. As a provision of this title, the director shall require retention of a minimum of 30 percent of native vegetation on undeveloped (or redeveloped), subdividable lands zoned as RS-12 or RS-20 per Chapter 16.10 ECDC. This standard for development shall apply to all undeveloped (or redeveloped), subdividable lands zoned RS-12 or RS-20 that contain a landslide hazard area as defined by ECDC 23.80.020(B); a stream or stream buffer; or a wetland or wetland buffer, except for as provided in subsection (C)(4) of this section. This provision for native vegetation retention will provide increased protection of fish and wildlife habitat throughout the Edmonds jurisdiction, and shall be applied consistent with the following criteria: 1. Achieving the minimum 30 percent retention requirement for native vegetation shall be determined by assessing the existing site area that supports native vegetation. For purposes of this provision, areas that support native vegetation shall include areas dominated by plant species which are indigenous to the Puget Sound region, which reasonably could have been expected to naturally occur on the site, and within which native trees over six inches in diameter at breast height (dbh) make up more than 40 percent of the canopy cover. 2. The goal of 30 percent native vegetation can be met through maintaining existing native vegetation, establishing native vegetation, or a combination of both. 3. A vegetation management plan, subject to the approval of the director, is required for approval of the proposed development. 4. For undeveloped (or redeveloped), subdividable lands zoned as RS-12 or RS-20 that currently do not support any native vegetation areas meeting minimum requirements in subsection (C)(1) of this section, the director may waive the requirements of this provision. D. Streams. No alteration to a stream or stream buffer shall be permitted unless consistent with the provisions of this title and the specific standards for development outlined below. 1. Standard Stream Buffer Widths. Buffers for streams shall be measured on each side of the stream, from the ordinary high water mark. The following shall be the standard buffer widths for streams based upon the Washington State Department of Natural Resources water typing system and further classification based upon fish presence (fishbearing vs. nonfishbearing) for the Type F streams existing in the city of Edmonds: Packet Pg. 344 7.4.a a. Type S: 150 feet; b. Type F anadromous fishbearing stream adjacent to reaches with anadromous fish access: 100 feet; c. Type F anadromous fishbearing stream adjacent to reaches without anadromous fish access: 75 feet; d. Type F nonanadromous fishbearing stream: 75 feet; e. Type Np: 50 feet; f. Type Ns: 40 feet. General areas and stream reaches with access for anadromous fish are indicated on the city of Edmonds critical areas inventory. The potential for anadromous fish access shall be confirmed in the field by a qualified biologist as part of critical areas review and determination of standard stream buffer widths. 2. Reduced Stream Buffer Widths. Standard stream buffer widths may be reduced by no more than 25 percent of the standard stream buffer width concomitant to development and implementation of a stream buffer enhancement plan approved by the director. Reduced stream buffer widths shall only be approved by the director if a stream buffer enhancement plan conclusively demonstrates that enhancement of the reduced buffer area will not degrade the quantitative and qualitative functions and values of the buffer area in terms of fish and stream protection and the provision of wildlife habitat. Stream buffer enhancement plans must meet the specific requirements of ECDC 23.40.110, 23.40.120 and 23.40.130 and: a. The buffer enhancement plan proposed as part of buffer reduction provides evidence that functions and values in terms of stream and wildlife protections will be: i. Increased or retained through plan implementation for those streams where existing buffer vegetation is generally intact; or ii. Increased through plan implementation for those streams where existing buffer vegetation is inadequate to protect the functions and values of the stream; b. The plan documents existing native plant densities and provides for increases in buffer native plant densities to no less than three feet on center for shrubs and eight feet on center for trees; c. The plan requires monitoring and maintenance to ensure success for a minimum of five years in accordance with ECDC 23.40.130(D) and (E); and d. The plan specifically documents methodology and provides performance standards for assessing increases in stream buffer functioning as related to: i. Water quality protection; ii. Provision of wildlife habitat; iii. Protection of anadromous fisheries; iv. Enhancement of fish habitat; and v. Restricting intrusion and disturbance. 3. Stream Buffer Width Averaging with Enhancement. The director may allow modification of a standard stream buffer width in accordance with an approved critical areas report and the best available science on a case -by -case basis by averaging buffer widths. Any allowance for averaging buffer widths shall only be granted concomitant to the development and implementation of a buffer enhancement plan for areas of buffer degradation. Only those portions of a stream buffer existing within the project area or subject parcel shall be Packet Pg. 345 7.4.a considered in the total buffer area for buffer averaging. Averaging of buffer widths may only be allowed where a qualified professional demonstrates that: a. The buffer enhancement plan proposed as part of buffer averaging provides evidence that functions and values in terms of stream and wildlife protections will be: i. Increased or retained through plan implementation for those streams where existing buffer vegetation is generally intact; or ii. Increased through plan implementation for those streams where existing buffer vegetation is inadequate to protect the functions and values of the stream; b. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for a stream extending off site, after averaging is no less than that which would be contained within the standard buffer; and c. The buffer width at any single location is not reduced by more than 25 percent of standard width. 4. Additions to Structures Existing within Stream Buffers. a. Additions to legally constructed structures existing within stream buffers that increase the footprint of development or impervious surfacing shall be permitted consistent with the development standards of this chapter (ECDC 23.90.030 and this section); provided, that a buffer enhancement plan is provided to mitigate for impacts consistent with this title; and provided, that all impacts from temporary disturbances within the critical area buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. Provisions for standard stream buffers, stream buffer averaging with enhancement, and buffer reductions through enhancement require applicants to locate such additions in accordance with the following sequencing: i. Outside of the standard stream buffer; ii. Outside of a stream buffer averaged (with enhancement) per subsection (D)(3) of this section; iii. Outside of a stream buffer reduced (with enhancement) per subsection (D)(2) of this section; iv. Outside of the inner 25 percent of the standard stream buffer width with no more than 300 square feet of structure addition footprint within the inner 50 percent of the standard stream buffer width; provided, that enhancement is provided at a minimum three -to -one (3:1) ratio (enhancement -to -impact); or v. Outside of the inner 25 percent of the standard stream buffer width with no more than 500 square feet of new footprint within the inner 50 percent of the standard stream buffer width; provided, that enhancement is provided at a minimum five -to -one (5:1) ratio (enhancement -to -impact), and that storm water stormwater low impact development (LID) techniques or other measures that enhance existing buffer condition are included as part of the stream buffer enhancement plan. b. Where meeting stream buffer enhancement requirements required by subsection (D)(4)(a) of this section would result in enhancement that is separated from the critical area due to uncommon property ownership, alternative enhancement approaches may be approved by the director. Alternative approaches could include a vegetated rain garden that receives storm runoff, replacement of existing impervious surfaces with pervious materials, or other approaches that provide ecological benefits to the adjacent critical area. c. Additions to legally constructed structures existing within stream buffers that cannot be accommodated in accordance with the above sequencing (i.e., additions proposed within the inner 25 percent of a standard buffer width) may be permitted at the director's discretion as a variance subject to review by the city hearing examiner and the provisions of ECDC 23.40.210. Packet Pg. 346 7.4.a 5. Development Proposals within the Footprint of Existing Development. New development shall be allowed within the footprint of existing development occurring within a stream buffer; provided, that the following conditions are met: a. The footprint of existing development was legally established, and is consistent with the definition provided in ECDC 23.40.005; b. The proposed development within the footprint of existing development is sited as far away from the stream edge as is feasible; c. As part of the development proposal, opportunities to reduce the footprint of existing development are implemented where such reduction would increase the buffer width adjacent to the stream and not represent an undue burden given the scale of the proposed development; d. The proposed development includes enhancement to the adjacent remaining stream buffer in order to improve functions degraded by previous development; e. Enhancement is provided as buffer enhancement for an equivalent area of the footprint of the newly proposed development within the footprint of existing development occurring in stream buffer, or through an alternative approach approved by the director that restores degraded functions of the wetland and remaining buffer; and f. Impacts from temporary disturbances within the stream buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. 6. Stream Crossings. Stream crossings may be allowed only if all reasonable construction techniques and best management practices are used to avoid disturbance to the stream bed or bank. Upon completion of construction, the area affected shall be restored to an appropriate grade, replanted with native species and/or otherwise protected according to a stream mitigation and buffer enhancement plan approved by the director, and maintained and monitored per the requirements of ECDC 23.40.110, 23.40.120 and 23.40.130 and providing for buffer enhancement in accordance with the requirements of subsection (D)(2) of this section. In addition, the applicant must demonstrate that best management practices will be used during construction to provide the following: a. Fisheries protection, including no interference with fish migration or spawning; b. All crossings shall be constructed during summer low flow periods and shall be timed to avoid stream disturbance during periods when stream use is critical to salmonids; c. Crossings shall not occur over salmonid spawning areas unless no other possible crossing site exists; d. Crossings and culverted portions of the stream shall be minimized to the extent feasible and serve multiple purposes and multiple lots whenever possible; e. Roads may cross streams only on previously approved rights -of -way, provided no practical alternative exists and adequate provision is made to protect and/or enhance the stream through appropriate mitigation. Roads shall be designed and located to conform to topography, and maintained to prevent erosion and restriction of the natural movement of ground water as it affects the stream; f. Roads and utilities shall be designed in conjunction to minimize the area of disturbance to the stream; g. Roads shall be constructed so as to minimize adverse impacts on the hydrologic quality of the stream or associated habitat to a degree acceptable to the city; h. An alternative alignment or location with less impact is not feasible; and i. The crossing will be designed as near as perpendicular with the water body as possible. Packet Pg. 347 7.4.a 7. Trails. After reviewing the proposed development and technical reports, the director may determine that a pedestrian -only trail may be allowed in a stream buffer; provided, pervious materials are used, all appropriate provision is made to protect water quality, and all applicable permit requirements have been met. No motorized vehicles shall be allowed within a stream or its buffer except as required for necessary maintenance or security. Vegetative edges, structural barriers, signs or other measures must be provided wherever necessary to protect streams by limiting vehicular access to designated public use or interpretive areas. 8. Stefm Wate Stormwater Management Facilities. Storm wate Stormwater management facilities, limited to outfalls, pipes and conveyance systems, storm wate stormwater dispersion outfalls and bioswales, may be allowed within stream buffers; provided, that: a. No other location is feasible; b. Pipes and conveyance facilities will be in the outer 25 percent of the buffer; c. Storm wate Stormwater dispersion outfalls, bioswales, and bioretention facilities may be allowed anywhere within stream buffers; d. Such facilities are designed consistent with requirements of Chapter 18.30 ECDC; and e. The location and function of such facilities will not degrade the functions or values of the stream or stream buffer. 9. City Discretion in Protection, Enhancement and Preservation of Streams. The city of Edmonds is unique within the state of Washington as a built -out community with streams that have been incorporated within, and often located immediately adjacent to, residential development. This title allows the director full discretion to condition proposals for development on parcels containing, adjacent to, or potentially impacting streams to enhance conditions consistent with ECDC 23.40.050 and the purposes and objectives of this title. Conditions on development shall be required to enhance streams and stream buffers as fish and wildlife habitat conservation areas to provide increased protection of anadromous fisheries and potential fish habitat in accordance with best available science and the recommendations of an approved critical areas report and may include: a. Removal of stream bank armoring; b. In -stream habitat modification; c. Native planting; d. Relocation of stream channel portions to create contiguous riparian corridors or wildlife habitat; e. Planting of stream bank native vegetation to increase stream shading; f. Removal and control of nonnative, invasive weed species; g. Requiring additional building setbacks or modified buffers; and h. Limiting or reducing the types or densities of particular uses. The right of discretion in provisioning development in regard to streams is maintained in order to provide for the creation of enhanced conditions over those currently existing around streams in the city of Edmonds. In all instances where an applicant cannot demonstrate that standard stream buffer widths as provided in subsection (D)(1) of this section can be accommodated by project development, the applicant shall be required to submit a stream buffer enhancement plan or a stream mitigation and buffer enhancement plan as part of a critical areas report indicating that post -project site conditions will provide equivalent or greater protection of stream functions and fish habitat over a standard stream buffer and existing site conditions. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Packet Pg. 348 7.4.a Figure 23.90.000 CITY OF EDMONDS CRITICAL AREAS Critical Areas Compliance Requirements` Fish and Wildlife Habitat Conservation Areas VW and 1>aJUR Amy iu'nl Arn Brymi - Hdlm(om radon @ �` d M� NJ"llonel Am IIWHLA, n�yY oA fiat G6:vndono oar b' p el - - tWhNrelAm n4lal�.Plm MiEu 'I J ' Ilya rt. II pu' � FWHLA IIIS.S� rtu mAe vuA W� lny mk,4 y n MvWpnwi. vrs Evdun (WkAd>ry. +iJUAb RIII�IArtn P,cpon ii :.i hw h.inlie.Nnnlmr u iNn iw julNUtlonllrrnr hrlM vnAin Wlnn of u�Ai�nPonn. d i aM wlwa loll oniM dmnn116muAn Pioim MeloCmm6 I �, i.i. N� odJlc��nnl NnNtlMonvl mmyNm rcv�rt I. rznn .. Le�ryWOIIIPAb l�rrww„nwr, ��d dn.m�����r,��mm.� nrol��wINi��n nnrwl Imcamnrtrt�lm �,wub��, � A,m lwmab.n.. nm���.,b l.��wraam.. i���wm,�r�d���.i�h u�ulxLrSliuil'n wddv � Imrvrewl bmren�e r WlfnwilM r nu�rmdxemmxrn bnRro,eJumm, w�NAc t 1 A"x'b`* 1 Noa6tiboi.l onid'n:.iil vovtlAiMwl Strtxm bulhlwofyinA mmplH� -C- dlo -IhAilwnd F av � ennhRnmhmn—, wfi A'^`d'Sm '° Fa.K rml(Jlan� Ipw�amm� 'Report requirements may be met through submission of a single rrikal area report or multiple reports in combination. Section 24.30.010 Adoption criteria. Shoreline designations have been determined after consideration o£ A. The ecological functions and processes that characterize the shoreline, together with the degree of human alteration; and B. Existing development patterns together with ECDC Title 16 zoning designations, the city comprehensive plan designations and other officially adopted plans; and C. The goals of the city of Edmonds citizen residents for their shorelines; and D. Other state policies in the Act and the shoreline master program guidelines (RCW 90.58.020 and Chapter 173-26 WAC, respectively). [Ord. 4072 § 1 (Att. A), 2017]. Section 24.80.150 Administrative authority and responsibility. A. Shoreline Administrator. The shoreline administrator shall be the planning manager or his/her designee and is vested with the following authority and responsibility to: 1. Have overall administrative responsibility for this master program; 2. Determine if a public hearing should be held on a shoreline permit application by the hearing examiner pursuant to ECDC 24.80.100; 3. Grant or deny written permit exemptions from shoreline substantial development permit requirements of this master program; 4. Authorize, approve or deny shoreline substantial development permits, except for those for which a public hearing is required pursuant to ECDC 24.80.100; 5. Make written recommendation to the hearing examiner or city council as appropriate and, insofar as possible, in order to assure that all relevant information, testimony, and questions regarding a specific matter are made available during their respective reviews of such matter; Packet Pg. 349 7.4.a 6. Review and evaluate the records of project review actions (permits and exemptions) in shoreline areas and report on the cumulative effects of authorized development of shoreline conditions at a minimum every eight years when this master program is updated. The administrator shall coordinate such review with the Washington State Department of Ecology, Washington State Department of Fish and Wildlife, and other interested parties; 7. Advise interested citizen residents and project proponents of the goals, policies, regulations and procedures of this master program; and 8. Make administrative decisions and interpretations of the policies and regulations of this master program and the Shoreline Management Act. B. Hearing Examiner. The hearing examiner is vested with the following authority: 1. To grant or deny shoreline substantial development permits requiring public hearings pursuant to ECDC 24.80.100; 2. To grant or deny shoreline conditional use permits under this master program; 3. To grant or deny variances from this master program; and 4. To decide on appeals of administrative decisions issued by the administrator of this master program in accordance with procedures set forth in ECDC Title 20. C. City Council. 1. The Edmonds city council is vested with the authority to approve any revisions or amendments to this master program in accordance with the applicable requirements of the Shoreline Management Act and the Washington Administrative Code. 2. To become effective, any amendment to this master program must be reviewed and adopted by the Department of Ecology pursuant to RCW 90.58.190 and Chapter 173-26 WAC. 3. The city council will conduct the periodic review process consistent with the requirements of RCW 90.58.080 and WAC 173-26-090. [Ord. 4150 § 2 (Exh. 1), 2019; Ord. 4072 § 1 (Att. A), 2017]. Packet Pg. 350 7.4.a Q Packet Pg. 351 7.4.b Minor Code Amendment Package 2 f Code Reference Current Code Number oProposed Code Change Reason Notes/Content Occurences Snohomish County Health Department is the regulatory authority. 1 ECC 6.10 ECC 6.10 - Health Officer i Eliminate Code Section Outdated Reference County has been regulatory authority since 1980 under Ordinance 2176 7 ECC 6.20.042.A.1 "ECDC 18.45.020" 1 "ECDC 23.10.020" Outdated Reference ECDC Chapter 18.45 was repealed by Ordinance 4218 in 2021 and replaced with Chapter 23.10 3 ECC 7.10.065.A "environmentally sensitive" 1 "critical" Inconsistency Reference to critical areas as defined in ECDC 23.40.005 4 ECC 10.15 Chapter 10.15 Building board of appeals 1 Eliminate Code Section Outdated Reference Recodified to Chapter 19.80 ECDC by Ordinance 3740 in 2009) Development fees were listed in ECDC 15.00 until 1996 under "Such fees may be established from time to are established by resolution of the Outdated Reference/ Ordinance 3108. Solution is to provide hyperlink to'2023 Fees 5 ECDC 15.00.020 time by resolution of the city council" 1 city council" Needs Clarification Associated with Development' on COE website, adopted by Resolution 1515in 2023 6 ECDC 15.00.050.D "three copies" 1 "the document" Outdated Reference Only one copy would be required per digitized standards. ECDC 16.43.020.A; ECDC 16.45.010.13; 7 ECDC 16.50.010.8; ECDC 16.55.010(B); 8 "Outdoor dining meeting the criteria of Inconsistency Consistency with ECDC 17.75.010.A ECDC 16.60.010(B); ECDC 16.62.010(B); Chapter 17.75 ECDC" ECDC 16.100.030; ECDC 16.110.010 -Code Reviser's note: See ECDC 19.00.070.13 -Code Reviser's note: See ECDC ECDC 19.00.070.D no longer exists. All development fees can be found 8 ECDC Chapter 17.30 and Chapter 15.00 ECDC for fence permit 1 Outdated Reference fees" 15.00.020 for fence permit fees" through Chapter 15.00 ECDC 9 ECDC Chapter 17.35 ECDC Chapter 17.35 1 Eliminate Code Section Redundant Recodified in ECC 5.05 in 2009 "Elementary schools, junior high schools, "Primary and Secondary Schools: See ECDC 10 ECDC 17.50.020.C.4 boarding schools ...." 1 17.100.050.M for parking standards Inconsistency Consistency with ECDC 17.100.050.M. relating to primary and secondary schools "Residential colleges and universities: six Clarifies parking standards from ECDC 17.50.020.C.4 while staying 11 ECDC 17.50.020.C.5 1 spaces per classroom, or one space per Needs Clarification consistent with ECDC 17.100.050.M daytime employee, whichever is greater" "6. High schools (senior): one space per 12 ECDC 17.50.020.C.6 daytime employee" 1 Eliminate section Inconsistency Consistency with ECDC 17.100.050.M. "A. Square Feet. Unless otherwise specified, "A. Square Feet. Unless otherwise square feet refers to the gross building square specified, square feet refers to the gross Not consistent with outdoor dining ECDC 17.75.010.E (No additional 13 17.50.030.A footage, including outdoor areas used for the 1 building square footage, including outdoor Inconsistency parking stalls shall be required for outdoor dining usage.) same use (such as an outdoor eating area for areas used for the same use." a restaurant)." Council extended the Designated Street Front in BD in 2022. 14 17.50.070.B "Edmonds" 1 "Daley" Inconsistency Consistency with 16.43 designated street front map to include all parcels. Packet Pg. 352 7.4.b IN _—T Add illustration with heading "Figure Illustration is included EV 15 17.115.020 "',,-0',,, 1 17.115.-1: Electric Vehicle Charging Needs Clarification on website to clarify charging capacity Capacities" requirements. ECDC 18.00.010.A; ECDC 18.05.040; ECDC 18.10.010.A; ECDC 18.20.040.6; ECDC 18.30.050.C; ECDC 18.60.040; ECDC 16 18.80.060.A; ECDC 20.15.A.290.A.1; "Chapter 15.00 ECDC" 15 "ECDC 15.00.020" Needs Clarification Clarifiies location of Fee Schedule ECDC 20.60.100; ECDC 20.75.040.D; ECDC 20.75.050.E; ECDC 20.75.090.E; ECDC 20.75.110.A; ECDC 20.75.013.A; ECDC 20.75.145.A "The director shall have the authority to "The director shall have the authority to develop, implement, and enforce policies and develop, implement and enforce policies 17 ECDC 18.30.020.13 procedures to administer and enforce this 1 (such as the Edmonds Stormwater Typo Previous Ord 3792 does not contain these sections (See also ords 4263, chapter per ECDC 18.30.110 and 18.30.120, Addendum) and procedures to administer 4044) such as the Edmonds stormwater addendum" and enforce this chapter per ECDC 18.30.100." "Written proposal: seven copies of a written 18 ECDC 18.70.030.B.5.e proposal in eight and one-half by 11-inch 1 "Written proposal to include:" Outdated Reference Multiple copies are not required per digitization format to include:" "The continuance is intended to provide the applicant with sufficient time to prepare the material required for Phase 1 of the public Replace underlined "Phase 1" with "Phase 19 ECDC 20.12.020.A.5 hearing, including any design or redesign 1 2„ Typo Resolves typo. needed to address the input of the public and ADB during Phase 1 of the public hearing by complying with the prioritized checklist." ECDC 20.30.050.0 reads: "Discontinuance of Eliminate Section ECDC 20.30.050.6; ECDC In -lieu parking fees in ECDC 17.50.070 were eliminated when Chapter Use. If applicant cannot or will not provide 20.30.050.0 will read: Eliminate Section: 17.50 was repealed and replaced in 2004 through Ordinance 3496. parking, or the in -lieu parking fee, as set forth "Discontinuance of Use. If applicant cannot ECDC 17.50.070.D prior to 2004 reads "The in -lieu fee shall be set forth 20 ECDC 20.30.050.6; ECDC 20.30.050.0 in subsections A and B of this section, the 2 or will not provide parking, as set forth in Outdated Reference applicant will discontinue the use, or that subsection A of this section, the applicant in chapter 15.00." Parking in -lieu fees were codified in ECDC portion of use causing the parking will discontinue the use, or that portion of 15.00.030(B). ECDC 15.00.030 was eliminated in 1996 under Ordinance deficiency..." use causing the parking deficiency..." 3108 "C= Conditionally permitted through design "C =Conditionally permitted if consistent 21 ECDC 20.60.020.M Note review if consistent with the standards 1 with the standards itemized in subsection Outdated Reference Sign permits do not require ADB approval itemized in subsection (N) of this section" (N) of this section" "A reproducible copy of the preliminary plat 22 ECDC 20.75.040 and the number of prints required by the 1 "The preliminary plat" Outdated Reference Digital applications do not require multiple or reproducible paper copies planning and development department" There is no specific form. Lot line adjustment and subdivision applicants 23 ECDC 20.75.040; ECDC 20.75.050.D "forms" 2 Eliminate references to forms Outdated Reference are required to submit the required material listed in 20.75.040 and 20.75.050.D through the MyBuildingPermit portal. "Gross lot area for the original parcels and the "Gross and net lot area for the original Clarification. Applicants are required to provide lot area including 24 ECDC 20.75.050.D.1.d proposed parcels (gross lot area does not 1 parcels and the proposed parcels (net lot Needs Clarification vehicular access easements (gross) as well as the area with access include any lot area devoted to vehicular area does not include any lot area devoted easements deducted (net). ingress/egress easements)" to vehicular ingress/egress easements)" 25 ECDC 20.75.065.13 ECDC 20.75.065.13 1 Eliminate Code Section Redundant Redundant with ECDC 20.03 d O U L O C 4- 0 f3 O Q Q a N M N O N f3 Y V fC d r-+ C 0) E C 0) Q O U L O r_ 2 a� a Packet Pg. 353 7.4.b 26 ECDC 20.75.085 "city health officer" 1 "Snohomish County health officer" Outdated Reference Snohomish County is the regulatory authority 27 ECDC 20.75.140.G "city of Edmonds health officer" 1 "Snohomish County health officer" Outdated Reference Snohomish County is the regulatory authority 28 ECDC 23.40.240.E "18.45.070.6 and 18.45.070.C," "18.45.070 2 "23.10.100.C," and "23.10.100.C" Outdated Reference ECDC Chapter 18.45 was repealed by Ordinance 4218 in 2021 and and 18.45.075" replaced with Chapter 23.10 Eliminate outdated exclusionary language unless specification of citizenship is required or name of an established Commission. 'Citizen' 29 Throughout "citizen" 57 "resident" Outdated Reference occurs 76 times in total, but only 18 instances should remain as such. United States Census Bureau 2020 American Community Survey identifies 7%of the population of Edmonds as non -US citizens. Refer to 2.10.050. Community Development Department was established in 1980 under Ordinance 2136 and renamed in 1999 as 30 Throughout "Community Development director" 17 "Planning and Development director" Outdated Reference Development Services Department under Ordinance 3279. Development Services was renamed to Planning and Development under Ordinance 4299 in 2023. Refer to 2.10.050. Community Service Department was created under Ordinance 2442 in 1984, and the Community Service Director was the administrative head of Community Services Department which included 31 Throughout "Community Services director" 46 "Public Works director" or "Planning and Outdated Reference the engineering division, public works, planning, and parks a Development Director" recreations. It was repealed in 1999 under Ordinance 3279. Ordinance 3959 from 2014 further clarified divisions. At no point in time, as codified, does the position refer to the current position of "Community Services Director, currently held by Todd Tatum 32 Throughout "Finance director" 38 "Administrative Services director" Outdated Reference Refer to 2.10.050. Administrative Services Department created in 1984 under Ordinance 2443 and renamed "Finance Department." Consistency within ECDC and with Washington State Department of 33 Throughout "Storm water" 46 "stormwater" Inconsistency Ecology and United States Environmental Protection Agency. Stormwater is a distinct type of water that is used as a single noun. d O U L O C 4- 0 f3 O L Q Q a N r M N O N f3 Y V M d r-+ C O E C O E Q O U L O r_ C a Packet Pg. 354 7.5 City Council Agenda Item Meeting Date: 07/25/2023 Approval of Supplemental Agreement with Transpo for SR-104 Adaptive System from 236th St. SW to 226th St. SW Project Staff Lead: Bertrand Hauss Department: Engineering Preparer: Rob English Background/History On July 11, 2023, staff presented this item to the Parks and Public Works Committee and it was forwarded to the consent agenda for approval. On June 28, 2022, the City Council approved the Local Agency Consultant Agreement with Transpo Group for the SR-104 Adaptive System project. Staff Recommendation Approve Supplemental Agreement. Narrative The SR-104 Corridor from 2361h St. SW to 2261h St. SW consists of a 1.25 mile corridor with five (5) signalized intersections spaced approximately one quarter (.25) mile away from each other with Average Daily Traffic (ADT) of approximately 25,000 vehicles per day. This section of SR-104 does not have an existing traffic signal communication/coordination system This project will provide an adaptive system along SR-104 to improve traffic flows and reduce vehicle emissions. The supplement consists of the following additions; Topographic survey along 212th St. SW, 72nd Ave., 236th St. SW, and within Public Works Building property for the proposed connection to the new Traffic Management Center since the design team has changed their communication approach from wireless to fiber optic cable. (Additional $30,127.99) Addition of fiber optic cable to the plans as part of 30%, 60%, 90%, and 100% PS&E. (Additional $9,759.20) As part of this supplement, the following task has been removed from the original agreement: Geotechnical investigation, to be completed by HWA, since wireless communication has been removed. (Reduction of $22,377.42) The initial agreement approved in June 2022 had a total authorization amount of $316,545, plus a $15,827.25 management reserve for a maximum amount payable of $332,372.25. With the proposed contract changes, the additional cost is $17,509.77. The original management reserve of $15,827.25 from the initial agreement will be used to off -set this cost increase. The revised Packet Pg. 355 7.5 total for the amount authorized is $334,054.77. Staff recommends the management reserve be replenished with $16,702.74 (5% of $334,054.77) since the design is only 30% complete. The new maximum amount payable for this agreement is $350,757.51. The City secured $287,000 of federal CMAQ grant for the design phase with $123,000 in local match. During the design phase, grant applications will be submitted to secure construction funds. Attachments: Attachment 1- Supplemental Agreement Packet Pg. 356 7.5.a Washington State To Department of Transportation Supplemental Agreement Number Organization and Address Phone: Original Agreement Number Project Number Execution Date Completion Date Project Title New Maximum Amount Payable Description of Work The Local Agency of desires to supplement the agreement entered in to with and executed on and identified as Agreement No All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: III Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. QI Consultant Signature M Approving Authority Signature DOT Form 140-063 Revised 09/2005 Packet Pg. 357 7.5.a Exhibit A-1: Amendment to Agreement for Services Client Name: City of Edmonds Project Name: SR-104 Adaptive System from 236th St. SW to 226th St. SW Original Agreement Dated: June 23, 2022 TG: 1.22138.00 The existing Agreement for Services between Transpo Group ("Transpo") and its team of subconsultants ("Consultant") and the City of Edmonds ("City") is amended to include the following additional services. All terms and conditions described in the Agreement remain in force and are not modified by this Amendment. Scope of Services In addition to the services described in Exhibit A of the Agreement, the Consultant will provide the following services: Task 04—ITS PS&E Subtask 4.1: Data Collection Subtask 4.1.1: Topographic Survey The Consultant will collect additional topographic survey data to include the extended project area limits to provide conduit and fiber optic connections between SR 104 and the City of Edmonds Public Works Building. Subtask 4.1.1: Topographic Survey is supplemented with the following: Subtask 4.1.1.1: Additional Topographic Survey The Consultant is responsible for providing survey base mapping services to support the design elements for two project locations. The first location encompasses portions of 72nd Ave W, 212th St SW, Highway 99, and the City of Edmonds Public Works Building, while the second location includes portions of 236th St SW and Highway 99. Exhibits 4.1.1.1-A and 4.1.1.1-B display both project areas respectively. The following activities are associated with this task: • Establish horizontal and vertical control based on published monuments near the site. The Horizontal Datum and Vertical Datum will be NAD 83/2011, Washington State Plane, North Zone and NAVD88, respectively, or as otherwise required. Set and measure horizontal and vertical control necessary for the mapping and right-of-way determination. Control points will be set for future phases of construction for this project. • Coordinate underground utility locates performed by an underground utility subconsultant. • Complete design level topographic mapping and survey above ground surface features between the face of curb and right-of-way margin, within the project limits. Surveying within the active roadways are excluded. • Topography will be surveyed using methods that will produce a 2-foot contour interval base map. The mapping will include, but will not limited to, the following above ground features: • Curb and gutter including existing curb cuts, curb ramps and driveways • Sidewalks and paths • Pavement edges • Driveways and ramps • Luminaires • Water meters, valves, hydrants, and irrigation control valves • Electrical transformers, vaults, poles, and hand -holes • Telecommunication risers, vaults, poles, junction boxes, and hand -holes r Packet Pg. 358 7.5.a • Gas valves and meters • Storm drain manhole lids • Catch basin rims • Sanitary sewer manhole lids • Culverts • Overhead lines • Traffic poles and arms • Grade breaks, localized depressions, ditches, ridges, and other surface grades • Street signs • Trees over 4-inch diameter breast height (DBH) with size, type and dripline noted • Sub -surface utility paint marks delineated by a professional utility location service from the face of curb to the right-of-way edge and not within the active road, except for those portions within the active roadway explicitly called out below in Exhibit 4.1.1.1-A and Exhibit 4.1.1.1-B. • Survey and calculate all right-of-way limits for 236th St SW, Highway 99, 212th St SW, and 72nd Ave W, for the project areas depicted in Exhibit 4.1.1.1-A and Exhibit 4.1.1.1-B. • Compile mapping and right-of-way information into a 1 "=20' scale base map in AutoCAD, Civil 3D Version 2020. Assumptions • Topographic survey and design will be provided in AutoCAD 2020 and Civil 3D. • Base map will be developed using the Consultant's colors, text size/style, and layering conventions. • GIS parcel line information will be sufficient for the purposes of delineating lateral private ownership boundaries adjacent to 236th St SW, Highway 99, 212th St SW, and 72nd Ave W, for the project areas depicted in Exhibit 4.1.1.1-A and Exhibit 4.1.1.1-B. • It is assumed that Right of Entry documents are not needed to perform this task. • The Consultant will hire a private underground utility locate firm to locate existing utilities. Locates will target known underground utilities, including water, storm sewer, sanitary sewer, communications, gas, and power. It may not be possible to locate non -conductible utilities. Underground utilities will only be located between the curb lines and the limits of the right-of-way, and not within the active road, except for those portions within the active roadway explicitly called out below in Exhibit 4.1.1.1-A and Exhibit 4.1.1.1-B. • Utility inverts within the active roadway will not be provided. • Surface features and details within the active roadway is not part of this scope. • This scope of work does not include real estate support services for the proposed improvements, which may include property reconfigurations, street vacations/dedications, temporary construction easements or real property purchase. • Property lines and corners will not be monumented as part of this scope of work. Consultant Deliverables • 1" = 20' scale base map in AutoCAD, Version 2020 in electronic format for the survey area including both Existing Condition sheets and Control Plan. r Packet Pg. 359 7.5.a Exhibit 4.1.1.1-A 0 a c R .� �, a • fix ir �4 r �'I +� �' �'� fir• � - � � t r4md adtl l an a l surtty al Ednands MGIk: Walks. µ .F .-y -.w • — Q: CCIEW OONq r•Cm 54t NNntl In91609 AI xrp14 - F• 7 sL - L I'�Y appm Vl m o 6!d Wat-I6. %Iko IICrd ^~ a utlll—th h ham . I : I T r e 1• Q rmu 0-0 T S N@6C8O31niN5—gya4tlY' 6r1?r!%"d /ram f Q - - Aw W. ramrMi SI SW 7o dx -1hbn "dgr al Nsd Yleed sn'rdlryr tiMd uHAss +y 4_- f 3 — FdT}nd.•, F-1]I: 'IfC+lt, i�I;.Vrn; C-]1— Sir-, arou n Ina mlamamm 1 Y:. I IA o f� - _ l ins ihnx - - �> -�.�. �� d _ f I vt:. 0 'i'� - aanml„ y L t,] atltlB arJ eJS�QIf alone Ne rwltl Yire p _ a ,,... ,: Il lllh SI Sw, imn• 1 11l 1'7 la Sahloa Lanlar - :ri�99 cnlad fluM161 lmm& al 2.�qLl - { I # f _ �r xe of sulbb adNlne. _.'�y •k �W i H n a n M ril su Ina alone l'lahrrav 99. IranMnlb . ffi� ow.lrn »a nonr Ing of Inn n�lr sl sw rrxsxllon, In � e :''•��.r�+�r�, arcxl aay6191S311 saendne 50ut&n adpe cl IN F • yam. ` - Ji d. cr rnlb In R.M Inw. % � i Iw {i fT wlit Hale IhaL •n tall also need la mluda the ex M--q i6er . - [amp wlllk Ia:a�op:r rrr Inn am ukz tt+a da xn •;.:;,�� � -■ _�■ 3 'r• _ — Iicl lO crdNBp BofrB bf dle eaILada C+rl rl-:: ,ft -- ♦ v� � r 5 F • P N - Fr r 4 a 1 4 .#� 6nIC..d;.-. a.e. Jellyi V$ggaal�IdmpS 7Uaa rxcd and -•around ul nas Gllweer r } �i-mvrs. -'dae al aativmrnl. untlalgaund and ax adktlno IM, op—r xrlls WmrFpatl fnln as, fro' .3nn,,I—rallon {+d Oh nCM a'dsm4,) Bnd the Row eq,rpveee udI ry peiBs �rw�4o.ee..e119. 9radB r Irn on dne west afar al li hwa 99 ►+ L'. aka a ns-trans R4711 Q Tr I Packet Pg. 360 7.5.a neleveloldetail towhatwasecapetlpreviously .• SR 104 (e.g., curb, gutler,.6-alb. ramps, — -- - sways, edgy or paveacM. underground and �rhead ulili likllluminalion ripmerrt, ulilily Traffic signary poles, malhoses-walls. grade aks, smuns. trees, ROW Imes, etc. . Tr _ �+ '� +fir �' •- � A Need add twnal survey along H'gl- r y 99, from the curb return on rla north leg of the 236th St SW inter —on to the curb retum on 1 north e O of the. rb t Tree a line- x Caller[ surrey hom edge of pavemenVlace of cu rb to ROW Ilne f Nole that we wll I also need to include the—nrly-constructed raised € i •. mecan am fie existing liter optic cable vaulls located in them. We ! jyIx tlo not need to ccllec! suvey fa• the east sdtl of Highway 98. fir, Dollar Tree a < Also reed underground —al the h the ntersect'o yl i J , the need under opbw c bie between r rlinr h .t r r:xt the eMlsurg f ter optc cable vaul� � 4h a "* (+Wlt rwnh a d south) and the ROW - Ilne on the west sltle o1 R w 99 rr, , 4 77 7Ar .r 4 Packet Pg. 361 7.5.a Subtask 4.1.2: Geotechnica/ Investigation Amended Scope of Services: When this project was originally scoped, geotechnical investigations were included in the event that poles, associated with the installation of a new wireless communications system, were needed. As the project has progressed, it has been determined that a new fiber optic communications system will be installed, and that wireless communications will not be needed. As such, Subtask 4.1.2 is deleted from the Scope of Services. Subtask 4.2: 30% Design In addition to the locations identified under Task 04 — ITS PS&E, the Consultant will also include the design elements and areas necessary to show the communications connection between the SR 104 ASC intersections and the City of Edmonds Public Works Building. It is anticipated that this will take place via new conduits and fiber optic cable installed along 236th St SW, to connect to an existing cable vault located within the Highway 99 median located just south of 236th St SW. New fiber optic cable will then be installed via existing spare conduits located within the Highway 99 median, from just south of 236th St SW to just south of 212th St SW. From there, it is anticipated that new conduits and fiber optic cable will be installed along 212th St SW and along 72nd Ave W to connect to an existing cable vault located within the parking lot of the City of Edmonds Public Works Building. New fiber optic cable will then be installed via existing conduits to be terminated within the existing Mechanical Room (note: currently, the City's fiber optic communications rack is located in a separate building, but the IT Department has noted that this will be moved to the Mechanical Room; it is assumed that this relocation will be completed by the time this project is constructed). Subtask 4.3: 60% Design The Consultant will include the additional design elements described under Subtask 4.2 into the 60% Design package. Subtask 4A 90% Design The Consultant will include the additional design elements described under Subtask 4.2 into the 90% Design package. Packet Pg. 362 7.5.a Transpo Group USA, Inc. Cost Estimate Worksheet Cfal'1spogroup Tr Number / Project Name 1.22138.00 - City of Edmonds - SR-10 Adaptive System from 236th St. SW to 226th St. SW - Supplement 1 Rate schedule is effective from July 1, 2023 through June 28, 2024 Only key staff are shown and other staff may work on and charge to the project as needed by the project manager. Labor., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 initials labor category cost rote Project PIC/Fed. Sys. Eng. Project Data CAD/ Transp. CAD/ Project Manager Funding Lead Engineer Analyst Graphics Analyst Graphics Admin Lead JKHC VM BA2 Eng L5 Prin L7 Pnn L7 En L4 En L5 En L3 An L2 PA L4 PA L5 $71.15 $96.15 $117.79 $57.69 $71.15 $52.88 $45.19 $50.00 $62.50 Work Task Task 1 -Project Management Hours Cost $0 1.1 - Project Coordination 0 $0 1.2 - Progress Reports and Invoices 0 $0 1.3 - Meetings 0 $0 Bi-weekly Meetings $0 City Council Meeting and Prep. 0 $0 Public Outreach Meeting/Open House and Prep.71 0 $0 1.4 - Project Schedule 0 $0 Task 2 - ASC Systems Engineering 0 $0 2.1 - Concept of Operations 0 $0 Workshop 0 $0 Draft ConOps 0 $0 Final ConOps 0 $0 2.2 - System Requirements 0 $0 Workshops 0 $0 Draft SysRegs 0 $0 Final SysRegs 0 $0 RFI Documents 0 $0 Vendor Presentations 0 $0 2.3 - Verification and Validation Plans 0 $0 Draft Verification Plan 0 $0 Final Verification Plan 0 $0 Draft Validation Plan 0 $0 Final Validation Plan 0 $0 2.4-Procurement Plan 0 $0 Draft Procurement Plan 0 $0 Final Procurement Plan 0 $0 RFP Documentation 0 $0 2.5 - Bidding Support Services 0 $0 Bidder Questions 0 $0 Addenda 0 $0 Proposal Evaluations 0 $0 2.6 - Implementation Technical Support 0 $0 Kick -Off Meeting 0 $0 Bi-weekly Meetings 0 $0 RFIs 0 $0 site visits 0 $0 Verification Plan Review 0 $0 2.7-Validation Report 0 $0 Daft Validation Report 0 $0 Final Validation Report 0 $0 Task 3 - Technology and Altematives Evaluation 0 $0 Vehicle Detection Systems Evaluation 0 $0 Communications System Evaluation 0 $0 TMC Evaluation 0 $0 Dmft Memomndum 0 $0 Final Memorandum 0 $0 Task 4 - ITS PS&E 0 $0 4.1 - Data Collection 0 $0 4.1.1- Topographic Survey 0 $0 4.1.2- Geotechnical Investigation 0 $0 4.1.3-ASBuilt Review and Field Investigation 0 $0 4.2 - 30 % Design 0 $0 Design Plans 0 $0 Opinion of Probable Construction Costs 0 $0 Supporting Calculations 0 $0 Qc 0 $0 Design Review 0 $0 4.3 - 60 % Design 0 $0 Design Plans 2 4 6 12 $690 Opinion of Probable Construction Costs 0 $0 Supporting Calculations 0 $0 Qc 0 $0 Design Review 0 $0 Cost Estimate Prepared on: 7/18/2023 Packet Pg. 363 7.5.a Transpo Group USA, Inc. Cost Estimate Worksheet 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 MIS 1 2 3 4 5 6 7 8 9 10 11 12 4.4-90% Design 0 ASC System Vendor Coordination 0 Design Plans 2 4 6 12 Opinion of Probable Construction Costs 0 Project Manual 0 Supporting calculations 0 QC 0 Design Review 0 4.5-95% Design 0 Design Plans 0 Opinion of Probable Construction Costs 0 Project Manual 0 Supporting calculations 0 QC 0 4.6 - Final PS&E 0 Design Plans 0 Project Manual 0 Engineers Estimate 0 Task 5 - Utility Coordination 0 Meetings 0 Supporting Documentation 0 Task 6 - Bid and Award Support 0 Pre -Bid Meeting 0 Bidder Questions 0 Addenda 0 0 :ellaneous $0 $0 $690 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Hours 4 0 0 1 8 1 0 1 12 1 0 1 0 1 0 1 24 $285 $0 $0 $462 $0 $635 $0 $0 $0 :t•: Subconsu $4,166.202 tants: Subs Firm Cost �Dc $MU 9 HWA GeoScience-$22,377.42 PH Consulting $5,593.00 SUPPLEMENT 1 ESTIMATE $17,509.77 SUPPLEMENT 1 MANAGEMENT RESERVE $18,385.26 SUPPLEMENT 1 GRAND TOTAL ESTIMAT $35,895.03 Ipplement 1 will utilize $17,509.77 from the Management Reserve Fund that was included as part of the original reement, leaving a deficit of ($1,682.52). Supplement 1 will also replenish the Management Reserve Fund to 5 the Revised Contract Total Estimate (5 % of $334,054.77 = $16,702.74), which requires the addition of 8.385.26. See below for additional details. additional Management Reserve Fund is needed to accommodate for any overruns of direct salary and head costs that might occur under the existing scope of work, or for the consultant to perform additional work is outside the agreement or supplement's scope of work (but within the scope of the advertised project). This include the need for additional check -in meetings, additional support during implementation of the ASC am, additional data sources that may be desired for the Validation Report, etc. ORIGINAL SUPPLEMENT ORIGINAL TOTAL ESTIMATE $316,545.00 ORIGINAL MANAGEMENT RESERVE $15,827.25 ORIGINAL GRAND TOTAL ESTIMATE $332,372.25 SUPPLEMENT 1 TOTAL ESTIMATE $17,509.77 SUPPLEMENT 1 MANAGEMENT RESERVE $18,385.26 SUPPLEMENT 1 GRAND TOTAL ESTIMATE $35,895.03 CONTRACT REVISED CONTRACT TOTAL ESTIMATE $334,054.77 REVISED CONTRACT MANAGEMENT RESERVE (5%) $16,702.74 Cost Estimate Prepared on: 7/18/2023 Packet Pg. 364 7.5.a Aft Washington State Department of Transportation June 15, 2023 Transpo Group USA, Inc. 12131 113th Avenue NE, Suite 203 Kirkland, WA 98034 Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Linderson Way SW Tumwater, WA 98501-6504 TTY:1-800-833-6388 www.wsdot.wa.gov Subject: Acceptance FYE 2022 ICR — Risk Assessment Review Dear Sarah Brinkerhoff: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2022 ICR of 176.75% of direct labor (rate includes 0.11 % Facilities Capital Cost of Money). This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 704-6397 or via email consultantrates(&wsdot.wa.2ov. Regards; schatzv,e 1farve Schatzie Harvey (Jun 15, 2023 1 :45 PDT) SCHATZIE HARVEY, CPA Contract Services Manager SH:BJO Packet Pg. 365 7.5.a L D C 1 Surveying Engineering Planning Client Name: Transpo Group Project Name: Edmonds Adaptive Date: 7-18-23 Proposed Budget / Fee Vince Townsend Michael Nigel young James Anderson n/a Sebastian Garcia Simon Teeter Lee Anderson n/a Vasiliy Kotok Lloyd Langevin Miguel Rendon Robert Waller Clifford Miller n/a Jesse Sotelo n/a n/a Task Task Code Director of Land Surveying Professional Land Surveyor Senior Survey Technician Survey Field Manager Survey Technician Senior Crew Chief Survey Crew Chief II Survey Crew Chief II Survey Crew Chief II Survey Crew Chief I Survey Crew Chief I Survey Rodman I Direct Labor Costs Over Head Fee (30%) Total Direct Rate (per hour) $67.68 $55.68 $40.00 $54.56 $40.96 $46.20 $43.08 $42.44 $40.00 $32.52 $32.00 $27.52 $0.00 $0.00 1.1 Additional Topographic Field Survey and Mapping 8 24 32 4 4 32 40 64 $8,502.72 $12,779.59 $2,125.68 23 407.99 0.00 $0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 0.00 $0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 0.00 $0.00 $0.00 $0.00 0.00 0.00 $0.00 0.00 0.00 $0.00 $0.00 0.00 0.00 0.00 $0.00 $0.00 0.00 0.00 $0.00 $0.00 0.00 0.00 $0.00 $0.00 0.00 0.00 $0.00 $0.00 0.00 0.00 $0.00 $0.00 0.00 0.00 $0.00 $0.00 8 24 32 0 4 4 32 0 40 0 0 0 0 0 64 0 541.44 1 336.32 1 280.00 0.00 218.24 163.84 1 478.40 0.00 1 723.20 0.00 0.00 0.00 0.00 0.00 1 761.28 0000 1.00 $8,502.72 $12,779.59 $2,125.68 $23,407.99 LDC Consulting Cost: Subtotal: LDC Direct Labor Costs $ 8,502.72 Overhead 150.30% $ 12,779.59 Fee 25.001/o $ 2,125.68 Total: LDC Direct Labor, OH & Fee $ 23,407.99 Subconsultant(s): 1 Underground Utility Vendor $ 6,400.00 2 $ 3 $ 4 $ Subtotal $ 6,400.00 Overhead (5%) $ 320.00 Total: Subconsultants $ 6,720.00 Misc Reimbursable Expenses: Title Reports $ - Mileage & Expenses (Mileage @ Current IRS Rate) $0.625 $ 200.00 Printing $2 $ - Total: Misc Reimbursables $ TOTAL ESTIMATED COST S 30,127.99 Packet Pg. 366 7.5.a Aft Washington State Department of Transportation April 21, 2023 Land Development Consultants 20210 142nd Ave. NE Woodinville, WA 98072 Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Linderson Way SW Tumwater, WA 98501-6504 TTY:1-800-833-6388 www.wsdot.wa.gov Subject: Acceptance FYE 2022 ICR — Risk Assessment Review Dear Kyle Carlson: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2022 ICR of 150.30%. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates(&wsdot.wa.gov. Regards; sch&&I'e tfa�ve Schatzie Harvey (Apr 21, 2023 1.48 PDT) Apr 21, 2023 SCHATZIE HARVEY, CPA Contract Services Manager SH:BJO Packet Pg. 367 City of Edmonds Supplement #1 Edmonds Way Adaptive Project Fee Estimate Summary Project No. 22 PH Consulting Staff Category Hours Rate Cost Principal 4 $ 95.00 $ 380.00 Senior Project Manager 0 $ 90.00 $ - Senior Traffic Engineer 12 $ 75.00 $ 900.00 Project Engineer 0 $ 60.00 $ - CAD Designer II 22 $ 50.00 $ 1,100.00 Office Administrator 0 $ 40.00 $ - Total Hours 38 $ 2,380.00 Direct Labor Cost Overhead Rate @ 110% of Direct Labor Fee @25% of Direct Labor Cost Direct Expenses Traffic Data/Counts Reproduction Costs Full Sized Copies (Bond) Reprographics Travel (Airfare, Hotel) Other Expenses (Blueline) 2022 Mileage Rates Sub -Total Direct Expenses Subconsultants Sub -Total Subconsultants Sub -Total Project Fee Estimate Management Reserve (-5%) Total Fee 7/18/2023 Unit Cost Total 0 $ - $ - 0 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $0.56/Mi $ - 0 4PH CONSULTING Balanced Transportation Solutions $ 2,380.00 $ 2,618.00 $ 595.00 $ 5,593.00 $ 5,593.00 $ 5,593.00 Packet Pg. 368 City of Edmonds Edmonds Way Adaptive Project Project No. 22 Supplement #1 Task Hour Breakdown Task No. Task Description Principal Senior Project Manager Senior Traffic Engineer Project Engineer CAD Designer II Office Administrator Total Direct Rate $ 95.00 $ 90.00 $ 75.00 $ 60.00 $ 50.00 $ 40.00 OH Fixed Fee Hourly Rate $ 104.50 $ 26.13 $ 223.25 $ 99.00 $ 24.75 $ 211.50 $ 82.50 $ 20.63 $ 176.25 $ 66.00 $ 16.50 $ 141.00 $ 55.00 $ 13.75 $ 117.50 $ 44.00 $ 11.00 $ 94.00 3.0 TEMPORARY TRAFFIC CONTROL PLANS 60 % Submittal (2 Additional Sheets) 2 6 12 20 90 % Submittal (2 Additional Sheets) 1 4 6 11 95 % Submittal (2 Additional Sheets) 1 2 2 5 Bid Set Submittal 0 0 2 2 PH TOTAL HOURSI 4 0 12 0 22 0 38 TOTAL ALL TASKS $ 893.00 $ $ 2,115.00 $ $ 2,585.00 $ $ 5,593.00 7/18/2023 4PH CONSULTING Balanced Transportation Solutions Packet Pg. 369 7.5.a PH Consulting LLC Summary of Direct Labor Costs Effective January 1, 2023-December 31, 2023 Maximum Safe Harbor Fixed Fee Maximum Billing Job Classifications Direct Labor Overhead 25% Rate Rate 110% Principal $ 100.00 $ 110.00 $ 25.00 $ 235.00 Sr Project Manager $ 95.00 $ 104.50 $ 23.75 $ 223.25 Project Manager $ 90.00 $ 99.00 $ 22.50 $ 211.50 Quality Manager $ 95.00 $ 104.50 $ 23.75 $ 223.25 Senior Traffic Engineer $ 85.00 $ 93.50 $ 21.25 $ 199.75 Project Engineer $ 75.00 $ 82.50 $ 18.75 $ 176.25 Associate Engineer $ 55.00 $ 60.50 $ 13.75 $ 129.25 Assistant Transportation Engineer $ 50.00 $ 55.00 $ 12.50 $ 117.50 Engineering Intern $ 40.00 $ 44.00 $ 10.00 $ 94.00 CAD Designer III $ 60.00 $ 66.00 $ 15.00 $ 141.00 CAD Designer II $ 50.00 $ 55.00 $ 12.50 $ 117.50 CAD Designer 1 $ 45.00 $ 49.50 $ 11.25 $ 105.75 Office Administrator $ 45.00 $ 49.50 $ 11.25 $ 105.75 Office Assistant $ 40.00 $ 44.00 $ 10.00 $ 94.00 Direct non -salary costs will be billed at actual costs. Direct Mileage will be billed at current approved IRS mileage rate. 4PH CONSULTING Balanced Transportation Solutions Packet Pg. 370 7.5.a Washington State Department of Transportation June 26, 2023 Pablo Para, Owner PH Consulting, LLC 913 Martin Luther King Jr. Way, Sute A Tacoma, WA 98405-4149 Re: PH Consulting, LLC Safe Harbor Indirect Cost Rate Extension Dear Pablo: Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY.1-800-833-6388 www.wsdot.wa.gov Washington State has received approval from our local Federal Highway Administration (FHWA) Division to continue administering the "safe harbor" indirect cost rate program on engineering and design related service contracts, as well as for Local Public Agency projects. We completed our risk assessment for PH Consulting, LLC in January 2017. Our assessment was conducted based on the documentation provided by the firm. The reviewed data included, but was not limited to, a description of the company, basis of accounting, accounting system and the basis of indirect costs. Based on our review, we found the firm eligible to use the Safe Harbor rate. PH Consulting opted to use the Safe Harbor rate, rather than provide a FAR -compliant rate. Based on further review and discussion with the firm, we are issuing an extension of the Safe Harbor Indirect Cost Rate of 110% of direct labor with a field rate, where applicable, of 80% of direct labor for PH Consulting. PH Consulting agreed to improve Internal Controls and timekeeping processes to be able to develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition Regulations (FAR), Subpart 31. The WSDOT Internal Audit Office has provided guidance and information related to FARs and the AASHTO Audit Guide. You may use the Safe Harbor Rate of 110%, or 80% for field office situations, for agreements entered prior to June 30, 2024. For agreements entered after this date, please contact the WSDOT Consultant Services Office (CSO) or our office for guidance. The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs contact if you have questions about when to apply the Safe Harbor rate to your agreement. If you have any questions, please contact Steve McKerney or me at (360)705-7003. Sincerely, Jarron Elter Agreement Compliance Audit Manager cc: Steve McKemey, Director of Internal Audit Larry Schofield, MS 47323 File Packet Pg. 371 7.6 City Council Agenda Item Meeting Date: 07/25/2023 Resolution Regarding 2024 Budget Priorities Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History During the April 28, 2023 budget retreat, Council discussed and prioritized several areas of emphasis and improvement for our city in the next three to seven years. On May 23, 2023 Council adopted a 2024 Budget Planning Calendar that included several June outreach efforts to solicit public input on 2024 Budget priorities, and the intention to express these to the administration by resolution. On June 27, 2023 Council reviewed the collection of input at a special meeting focused on Council Budget priorities. An exercise asked councilmembers to formulate these inputs and areas of emphasis and improvement in the form of an inquiry - to inquire how this objective might best be achieved by administration and city staff. Following the Budget Priority meeting, these inquiries were consolidated and refined by council staff to 31 inquiries. Councilmembers selected their top 15 from the list, and council staff tallied and aggregated these results. (attached) Recommendation Review the draft resolution of Council's 2024 Budget priorities and consider forwarding for approval on the next consent agenda. Narrative The resolution reflects the Council's collective input and prioritization for the 2024 Budget; section 1 lists the general priorities that could be implemented in multiple ways by administration and staff, and section 2 which are the specific top 15 inquiries about objectives that councilmembers would like to have considered in department budget requests. Attachments: Tally and Aggregated How Can We Exercise 7.13.23 redline Draft Resolution of Council 2024 Budget Resolution 7.20.2023 Packet Pg. 372 7.6.a Tallied and aggregated 7/13/23 Distributed and Councilmember replies sent directly to Beckie 7/11/23 Refined/ Consolidated 7/10/23 How Can We? Exercise from the 6/27/2023 Council Work Meeting on 2024 Budget Priorities 1. How can we reduce/prevent property crime/ improve public safety in our city? 7 2. How can we add a police substation to Highway 99? 4 3. How can we significantly improve response to medical/fire emergencies at the waterfront? 1 4. What can we do to reduce speeding in so many of our neighborhoods? 7 5. How can we increase beautification in all business districts in Edmonds? 4 6. How do we deal with graffiti, trash and abandoned shopping cards around town? 3 7. How do we improve walkability in all neighborhoods? 4 8. What are non -sidewalk safety methods to protect pedestrians and non -motorized traffic? 5 9. How can we accelerate street and sidewalk installation and maintenance? 6 10. What city buildings need repair or replacement in the near future and how can we prioritize a list to fix them? 3 11. How can we prioritize ADA compliance throughout the city? 5 12. How can we increase our public green spaces and preserve our mature tree canopy? 4 13. How can we provide watercraft access to Lake Ballinger for our residents? 3 14. How can we get trash collection service at SW County Park? 0 15. How do we balance watershed/estuary restoration with enhanced opportunities for citizens and visitors to enjoy those areas? 2 16. If investments must be prioritized (environmental restoration vs. trail/bridge reconstruction), how should they be prioritized? 1 17. How do we get positive environmental action on our waterways and creeks? 2 18. How can we fix the environmental issues Perrinville? 4 19. How to implement the Climate Action Plan? 2 20. How can we better utilize our active volunteer community? 5 21. What can we do to increase direct human services to vulnerable populations in the city, especially Hwy 99? 5 22. How to effectively address equity and inclusion in our work in the community? 3 23. How can we improve our organizational structure to deliver better outcomes? 1 24. How do we determine the best system for electing Councilmembers in Edmonds? 3 25. How can we improve the accountability of staff outcomes? (REDI manager, Code rewrite, comp plan) 2 26. How to increase city revenues? 1 27. How can we achieve a balanced budget without drawing down fund balances? 5 Packet Pg. 373 7.6.a Tallied and aggregated 7/13/23 Distributed and Councilmember replies sent directly to Beckie 7/11/23 Refined/ Consolidated 7/10/23 How Can We? Exercise from the 6/27/2023 Council Work Meeting on 2024 Budget Priorities 28. How can we have accuracy of questions and projections? 2 29. How can we evaluate consultant/ contractor spending to ensure prudent choices? 4 30. How can we collect relevant and statistically valid data for informing decision makers? 4 31. How do we work better with other south County regarding Ethics Boards? 0 7 votes: How can we reduce/prevent property crime/ improve public safety in our city? What can we do to reduce speeding in so many of our neighborhoods? 6 votes: How can we accelerate street and sidewalk installation and maintenance? 5 votes: How can we better utilize our active volunteer community? What are non -sidewalk safety methods to protect pedestrians and non -motorized traffic? How can we prioritize ADA compliance throughout the city? How can we achieve a balanced budget without drawing down fund balances? What can we do to increase direct human services to vulnerable populations in the city, especially Hwy 99? 4 votes: How can we add a police substation to Highway 99? How do we improve walkability in all neighborhoods? How can we increase beautification in all business districts in Edmonds? How can we increase our public green spaces and preserve our mature tree canopy? How can we fix the environmental issues Perrinville? How can we evaluate consultant/ contractor spending to ensure prudent choices? How can we collect relevant and statistically valid data for informing decision makers? 3 votes How do we deal with graffiti, trash and abandoned shopping cards around town? What city buildings need repair or replacement in the near future and how can we prioritize a list to fix them? How can we provide watercraft access to Lake Ballinger for our residents? How do we determine the best system for electing Councilmembers in Edmonds? How to effectively address equity and inclusion in our work in the community 2 votes Packet Pg. 374 7.6.a Tallied and aggregated 7/13/23 Distributed and Councilmember replies sent directly to Beckie 7/11/23 Refined/ Consolidated 7/10/23 How Can We? Exercise from the 6/27/2023 Council Work Meeting on 2024 Budget Priorities How do we balance watershed/estuary restoration with enhanced opportunities for citizens and visitors to enjoy those areas? How do we get positive environmental action on our waterways and creeks? How can we improve the accountability of staff outcomes? How to implement the Climate Action Plan? 1 vote How can we significantly improve response to medical/fire emergencies at the waterfront? If investments must be prioritized (environmental restoration vs. trail/bridge reconstruction), how should they be prioritized? How can we improve our organizational structure to deliver better outcomes? How to increase city revenues? No votes How can we get trash collection service at SW County Park? How do we work better with other south County regarding Ethics Boards? Packet Pg. 375 7.6.b DRAFT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, REGARDING 2024 BUDGET PRIORITIES WHEREAS, the City Council is responsible for setting financial policy for the City of Edmonds; and WHEREAS, the City Council held a budget retreat on April 28, 2023 and discussed areas of emphasis and improvements for our city over the next three to seven years; and WHEREAS, the City Council conducted several public outreach efforts throughout the month of June seeking citizen input; and WHEREAS, on June 27, 2023 the City Council reviewed this collected information at a Special Meeting focused on the 2024 Council Budget Priorities; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council would like to prioritize funding in the following areas: • Public Safety Services, including emphasis of police presence and response along Hwy 99 • Neighborhoods — enhancing walkability, beautification, clean up and business development • Community Spaces — acquiring/improving parks and facilities in areas lacking amenities • City Government — improving transparency, function and citizen input • Human Services — supporting Edmonds community members • Environment — _z,, watershed restoration and moor *o,.,,, ele -y, sustainable in astf, etic e implementation of the Climate Action Plan. Section 2. The City Council would like to request the Administration consider the following inquiries for the 2024 Proposed Budget: • How can we reduce/prevent property crime/ improve public safety in our city? • What can we do to reduce speeding in so many of our neighborhoods? • How can we accelerate street and sidewalk installation and maintenance? • How can we better utilize our active volunteer community? Packet Pg. 376 7.6.b • What are non -sidewalk safety methods to protect pedestrians and non -motorized traffic? • How can we prioritize ADA compliance throughout the city? • How can we achieve a balanced budget without drawing down fund balances? • What can we do to increase direct human services to vulnerable populations in the city, especially Hwy 99? • How can we collect relevant and statistically valid data for informing decision makers? • How do we improve walkability in all neighborhoods? • How can we add a police substation to Highway 99? • How can we increase beautification in all business districts in Edmonds? • How can we increase our public green spaces and preserve our mature tree canopy? • How can we fix the environmental issues affecting Perrinville watershed? • How can we evaluate consultant/ contractor spending to ensure prudent choices? RESOLVED this day of July 2023. CITY OF EDMONDS MAYOR, MIKE NELSON ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 2 Packet Pg. 377 7.7 City Council Agenda Item Meeting Date: 07/25/2023 Approval of ordinance amending Section 8.16.040 from Edmonds City Code (ECC), amending the speed limit along Highway 99 from 244th St. SW to 210th St. SW. Staff Lead: Bertrand Hauss Department: Engineering Preparer: Rob English Background/History On July 11, 2023, staff presented this item to the Parks and Public Works Committee and it was placed on the agenda for a presentation and possible approval. Staff Recommendation Approve Ordinance. Narrative The current speed limit along Highway 99 from 244th St. SW to 210th St. SW is 45 mph. The recent conversion of the two-way left turn lane to a raised median along the entire corridor, as part of Highway 99 Revitalization project - Stage 2, will help improve safety along the corridor. The corridor has been converted from a seven open roadway section to three (3) lane sections for northbound and southbound movements separated by the raised center median. Since this corridor is within WSDOT Right -of -Way, WSDOT approval is required as part of any speed limit reduction. The proposal is to reduce the speed limit from 45 mph to 40 mph and WSDOT has approved this speed limit reduction. This reduction to 40 mph would be consistent with the existing speed limit within the City of Shoreline (south of 244th St SW) where a similar median exists. Based on an existing Maintenance Agreement between WSDOT and Edmonds, the City would be responsible for any traffic sign modifications. Attachments: Attachment 1 - Presentation Attachment 2 - Ordinance Packet Pg. 378 ti U Highway 99 Speed Limit Reduction (244th St. to 21Oth St.) July 25t", 2023 Bertrand Hauss, Transportation Engineer n� Euf� nF EL1 Background - City recently completed the addition of a landscaped raised media along Highway 99 from 244t" St. SW to 210t" St. SW (as part of Highway 99 Revitalization Project —Stage 2). - This new median replaced the center two-way left turn lane and created a physical separation between the (3) northbound lanes ar (3) southbound lanes. - This new feature should improve corridor safety vehicle speeds since drivers are now in a tighter (compared to wide open 7lane roadway section based on results from similar completed projects agencies). and reduce roadway foot prii in prior conditior in other - The existinq speed limit is 45 mph along this stretch of Hwy 99. The speed Timit is 40 mph within Shoreline where a similar medic - has been existing for more than (10) years. - Any speed limit modification along this corridor needs to be approved by WSDOT since it is within their Right -of -Way. - Based on the existing maintenance Agreement between WSDOI and the City, the City would be responsible for any signage modification along Highway 99. Recommendation • Reduce the speed limit from 45 mph to 40 mph along Hwy 99 from 244th St. SW to 210thSt SW (consistent with speed limit within Shoreline to the south) • WSDOT has approved this reduction. racket Pg. 381 7.7.b ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CERTAIN PROVISIONS OF ECC 8.16.040 (DECREASE OF STATE LAW MAXIMUM SPEED); PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the speed limit for both northbound and southbound movements along Highway 99 from 244th St. SW to 210th St. SW is currently 45 mph; and WHEREAS, Highway 99 had a 7-lane section with three lanes in each direction and a two-way left turn lane (prior to the Highway 99 Revitalization Project — Stage 2); and WHEREAS, a landscaped raised median has recently been added along Highway 99 from 2441h St SW to 210th St. SW (as part of the Highway 99 Revitalization Project — Stage 2); and WHEREAS, this addition has created a physical roadway feature that both separates movement and will help reduce vehicle speeds; and WHEREAS, the Washington State Department of Transportation (WSDOT) is required to approve any speed limit modification within state right-of-way / along State Highways (such as Hwy 99, SR-104, and SR-524); and WHEREAS, WSDOT has approved the proposed speed limit reduction along Highway 99 from 2441h St. SW to 2101h St. SW from 45 mph to 40 mph following the recent completion of this project and related traffic investigations; and WHEREAS, City of Shoreline has an existing speed limit of 40 mph along Hwy 99 (south of 244th St. SW) with a similar median; and -1- Packet Pg. 382 7.7.b WHEREAS, given WSDOT approval, the City Council finds that the speed limit along Highway 99 from 2441h St. SW to 210th St. SW should be reduced from 45 mph to 40 mph; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 ECC 8.16.040 (Decrease of state law maximum speed) is hereby revised to read as follows (deleted text in str-ike tht:atigh; new text in underline). It is determined upon the basis of engineering and traffic investigation that the speed permitted by state law outside of business and residential districts as applicable upon the following set forth streets is greater than is reasonable or safe under the conditions found to exist upon the streets and it is declared that the speed limit shall be the miles per hour as herein set forth on those streets or parts of streets as herein designated at the times herein specified when signs are erected giving notice thereof. Name of Street Speed Limit 1. U.S. Highway 99 (PSH No. 1) 4540 from 220th S.W. to 228th S.W. mph 2. West side of U.S. Hwy. 99 4540 (PSH No. 1) from 220th S.W. to mph 608 feet north of 212th S.W. 3. U.S. Hwy. 99 (PSH No. 1) 4540 from 228th S.W. to 244th S.W. mph 4. Sixth Avenue South from Pine 20 to Walnut Street mph 5. 75th Place West from North 20 Meadowdale Road to the County mph Park 6. SR 524 (portions of Puget 30 Drive, 9th Ave. N., Caspers mph Street and 3rd Ave. N.) from 300 feet east of 88th Ave. W. to Edmonds Street 7. SR 104 (Sunset Avenue) from 25 Main to Dayton mph 8. SR 524 (3rd Ave.) from 25 Edmonds Street to its junction mph with SR 104 (to Pine Street and thence east on Pine to SR 104) Posted at All Times (or During Daytime) all times all times all times all times all times all times all times all times -2- Packet Pg. 383 7.7.b Name of Street Speed Posted at All Times (or During Limit Daytime) 9. State Highway #104 35 all times (Edmonds Way) from South end mph of 5th Avenue South to 95th PI. W. 10. SR 524 (196th S.W.) from 35 all times 300 feet east of 76th Ave. W. to mph 300 feet east of 88th Ave. W. 11. Sunset Avenue from 20 all times Edmonds Street to Caspers mph Street 12. 175th Street S.W. west of 20 all times 76th Ave. W. to the terminus mph thereof Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED: MAYOR MIKE NELSON -3- Packet Pg. 384 7.7.b APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: JEFFREY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. m Packet Pg. 385 7.7.b SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of passed Ordinance No. of the title, provides as follows: 2023, the City Council of the City of Edmonds, A summary of the content of said ordinance, consisting AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CERTAIN PROVISIONS OF ECC 8.16.040 (DECREASE OF STATE LAW MAXIMUM SPEED); PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of 2023. CITY CLERK, SCOTT PASSEY -5- Packet Pg. 386 8.1 City Council Agenda Item Meeting Date: 07/25/2023 2023 July Budget Amendment Ordinance Staff Lead: Dave Turley Department: Administrative Services Preparer: Marissa Cain Background/History Amend the 2023 Ordinance No. 4310 Staff Recommendation Staff recommends that Council approve Ordinance No. XXXX amending the 2023 Budget. Attachments: 2023 July Budget Amendment Ordinance 2023 July Combined Decision Packages - Council Exhibits Packet Pg. 387 8.1.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4310 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. 4310 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. 388 8.1.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. 389 8.1.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the th day of July, 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. 4310 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. 390 8.1.a EXHIBIT "A": Budget Amendment Summary (July 2023) FUND NO. FUND DESCRIPTION 2023 BEGINNING FUND BALANCE REVENUE EXPENDITURES 2023 ENDING FUND BALANCE 001 GENERAL FUND 16,714,223 52,558,830 64,019,505 5,253,548 009 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 2,015,410 2,746,179 (183,655) 112 COMBINED STREETCONST/IMPROVE 2,669,390 12,366,800 11,273,695 3,762,495 117 MUNICIPAL ARTS ACQUIS. FUND 705,480 99,220 207,380 597,320 120 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 2,227,383 3,847,139 127 G I FTS CATALOG FU N D 3,176,109 232,490 551,598 2,857,001 130 C EMETERY MAI NTENANCE/I MP ROV 267,890 150,960 291,530 127,320 136 PARKSTRUSTFUND 166,760 5,460 216,062 (43,842) 137 CEMETERY MAI NTENANCE TRUST FD 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 1,879,000 1,879,000 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 11,949,308 30,925,225 422 STORM 15,101,336 9,095,452 8,525,900 15,670,888 423 SEWER/TREATMENT PLANT 57,120,908 16,895,408 18,972,999 55,043,317 424 BOND RESERVE FUND 843,951 1,991,860 1,989,820 845,991 511 EQUIPMENT RENTAL FUND 9,730,472 4,253,740 4,966,825 9,017,387 512 TechnologyRental Fund 693,587 1,634,131 1,943,624 384,094 Totals 155,021,955 124,219,434 140,904,568 138,336,821 1 3 M N O N a+ C d E L v R r r Q Packet Pg. 391 8.1.a EXHIBIT "B": Budget Amendments by Revenue (July 2023) FUND NO. FUND DESCRIPTION Adopted Budget Ord. #4289 1/1/2023 Adopted Amendment Ord. #4297 3/2/2023 Adopted Amendment Ord. #4300 4/25/2023 Adopted Amendment Ord. #4310 6/20/2023 Proposed Amendment Ord. # 2023 Amended Revenue Budget 001 General Fund $ 49,991,791 $ 360,954 $ 834,000 $ $ 1,372,085 $ 52,558,830 009 Leoff-MedlcalIns. 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 - 200,000 2,015,410 112 Combined Street Const/Improve 8,308,065 2,776,000 1,282,735 - 12,366,800 117 Municipal Arts Acquis. Fund 98,098 - - 1,122 99,220 118 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 97,150 232,490 130 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 1,249,000 420,000 210,000 1,879,000 143 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 75,000 9,095,452 423 Sewer/Treatment Plant 15,898,844 - 996,564 16,895,408 424 Bond Reserve Fund 1,991,860 - 1,991,860 511 Equipment Rental Fund 4,188,740 - 65,000 4,253,740 512 Technology Rental Fund 1,413,372 67,822 152,937 1,634,131 617 Firemen's Pension Fund - - Totals $ 112,956,801 1 $ 5,108,518 1 $ 2,984,257 1 $ $ 3,169,858 1 $ 124,219,434 1 3 M N O N C d E v R r r Q Packet Pg. 392 8.1.a EXHIBIT "C: Budget Amendment by Expenditure (July 2023) FUND NO. FUND DESCRIPTION Adopted Budget Ord.#4289 1/1/2023 Adopted Amendment Ord.#4297 3/2/2023 Adopted Amendment Ord.#4300 4/25/2023 Adopted Amendment Ord.#4310 6/20/2023 Proposed Amendment Ord.# 2023 Amended Expenditure Budget 001 General Fund $ 55,716,788 $ 1,970,899 $ 4,093,110 $ $ 2,238,708 $ 64,019,505 009 Leoff-MedlcaIIns. 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 - 232,445 162,765 2,746,179 112 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 Pa rking 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 31,700 426,871 2,227,383 127 Gifts Catalog Fund 497,598 - - 54,000 551,598 130 Cemetery Maintenance/Improv 249,413 - 42,117 291,530 136 Parks Trust Fund - 43,842 172,220 216,062 137 Cemetery Maintenance Trust I'd 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 1,249,000 420,000 210,000 1,879,000 143 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 11,335,050 300,000 184,061 130,197 11,949,308 422 Storm 7,603,123 483,840 205,414 233,523 8,525,900 423 Sewer/Treatment Plant 15,381,246 650,000 457,699 2,484,054 18,972,999 424 Bond Reserve Fund 1,989,820 - - - 1,989,820 511 Equipment Rental Fund 3,695,807 671,411 64,640 534,967 4,966,825 512 Technology Rental Fund 1,617,205 67,822 68,400 190,197 1,943,624 617 Firemen Pension Fund - - - - - Totals $116,145,678 $ 10,586,547 $ 7,292,724 $ $ 6,879,619 $ 140,904,568 1 3 M N O N a+ C d E v R r r Q Packet Pg. 393 EXHIBIT "D": Budget Amendment Summary (July 2023) 8.1.a Fund Number Proposed Amendment Change in Revenue Proposed Amendment Change in Expense Proposed Amendment Change in Ending Fund Balance 001 1,372,085 2,238,708 (866,623) 011 - - - 111 200,000 162,765 37,235 117 1,122 - 1,122 126 - 426,871 (426,871) 127 97,150 54,000 43,150 130 42,117 (42,117) 136 - 172,220 (172,220) 142 210,000 210,000 421 - 130,197 (130,197) 422 75,000 233,523 (158,523) 423 996,564 2,484,054 (1,487,490) 511 65,000 534,967 (469,967) 512 152,937 190,197 (37,260) Total Change 3,169,858 1 6,879,619 1 (3,709,761) 1 3 M N O N a+ C d E V R a+ a+ Q Packet Pg. 394 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: 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) This decision package corrects a calculation error in the April Budget Amendment for the budgeted increase to Court Salaries under the AFSCME Collective Bargaining Agreement for the period 1/1/2022-12/31/2024. Municipal Court Municipal Court Court Salaries Correction Uneek Mavlor New Item For Council To Consider 100% Ending Fund Balance One -Time Operating Fund 001 GENERAL Name: Account Number Description 2023 2024 2025 2026 2027 001.000.23.512.51.11.00 Salaries $ 460,000 $ 460,000 $ 460,000 $ 460,000 $ 460,000 001.000.23.512.51.23.00 Benefits 92,000 92,000 92,000 92,000 92,000 001.000.23.523.30.11.00 Salaries 7,000 7,000 7,000 7,000 7,000 001.000.23.523.30.23.00 Benefits 1,400 1,400 1,400 1,400 1,400 Total Expenditure Increase Decrease $ 560,400 $ 560,400 $ 560,400 $ 560,405 $ 560,400 Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 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 $ 560,400 $ 560,400 $ 560,400 $ 560,400 $ 560,400 Total Ending Fund Balance Increase Decrease S 560,400 $ 560,400 $ 560,400 $ 560,400 $ 56Q 400 Packet Pg. 395 2023 July Budget Amendment 8.1.b Budget Amendment for: July 25, 2023 Description: 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) This decision packages reduces the budget for vacant positions still included in the 2023 Budget. Unfilled Positions Dave Turlev New Item For Council To Consider 100% Ending Fund Balance One -Time Operating Fund 001 GENERAL Name: Account Number Description 2023 2024 2025 2026 2027 001.000.41.521.22.11.00 Salaries $ 200,000 $ $ $ $ 001.000.41.521.22.23.00 Benefits 25,000 001.000.64.571.22.11.00 Salaries 100,000 001.000.23.523.30.23.00 Benefits 20,000 Total Expenditure Increase Decrease $ 345,000 $ 1 $ 1 $ 1 $ Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 $ S S 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 $ 345,000 $ $ $ $ Total Ending Fund Balance Increase Decrease $ 345,000 $ S S $ Packet Pg. 396 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: Identify individuals before Edmonds Municipal Court with substance abuse disorders or other behavioral health needs and engage those individuals with community -based therapeutic interventions, support community justice counselors or similar positions that work with municipal and district court drug and therapeutic court programs, connect court participants to community services and existing resources to support completion of court requirements, additional support for participants including bus passes and other transportation assistance (basic cell phones and phone cards and translation services). 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) Municipal Court Municipal Court Grant program for therapeutic interventions Julie Espinoza for Uneek Mavlor New Item For Council To Consider Reimbursed by Grants or Outside Agencies One -Time Operating Fund 001 GENERAL Name: Account Number Description 2023 2024 2025 2026 2027 001.000.23.512.51.11.00 Salaries $ 106,970 $ $ $ $ 001.000.23.512.51.23.00 Benefits $ 25,092 001.000.23.512.51.31.00 Supplies 11,448 001.000.23.512.51.43.00 Travel 11,447 001.000.23.512.51.49.00 Other Services 6,047 Total Expenditure Increase(Decrease) $ 161,004 $ S $ $ Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.334.01.200.00 State Grant from other Judicial Agencies $ 161,004 $ $ $ $ Total Revenue Increase Decrease $ 161,004 1 $ $ S S Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 Total Ending Fund Balance Increase Decrease S $ $ $ $ Packet Pg. 397 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: 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) The City's contract with South County Fire will increase sometime during the year, which will require the city to make retro payments. This amendment is to increase the annual budget for the city's Fire Contract in anticipation of the contract change. Finance Fire Contract Increase Marissa Cain New Item For Council To Consider 1000/ Ending Fund Balance On -Going Operating Fund 001 GENERAL Name: Fill out on going costs & revenues Account Number Description 2023 2024 2025 2026 2027 001.000.39.522.20.41.50 Intergovernmental Svcs - Fire District Contract $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 Total Expenditure Increase Decrease $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 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 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 Total Ending Fund Balance Increase Decrease $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 Packet Pg. 398 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: 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) This decision adds budget authority for the school zone traffic camera leases. The leases are approximately $5,000 per camera per month, and we are adding 2 months of budgeted revenues and expenses for 2023. 2024-2027 amounts reflect 12 months worth of revenue and expense. Police Traffic Camera Leases Marissa Cain New Item For Council To Consider 100% Self Funded On -Going Operating Fund 001 GENERAL Name: Fill out on going costs & revenues Account Number Description 2023 2024 2025 2026 2027 001.000.41.591.21.70.00 Principal Payments - Leases $ 50,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 Total Expenditure Increase Decrease $ 50,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.353.10.030.00 Traffic Camera Infractions $ 50,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 Total Revenue Increase Decrease $ 50,000 1 $ 300,000 $ 300,000 $ 300,000 $ 300,000 Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 Total Ending Fund Balance Increase Decrease S S S S $ Packet Pg. 399 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: This decision package requests a new position for a grant specialist. This specialist's work will focus on bringing new money in to the city, specifically from the Inflation Reduction Act and the Bipartisan Infrastructure Law. This position will focus initially on preparing grants for multi -modal infrastructure, the potential planning for and acquisition of the Landmark Site, and on preparing a cross -department grant -writing work plan to support the city's most strategic initiatives. The costs for this position have not been fully determined. More information will be available from HR's salary determination in the weeks before the Finance Committee meeting. 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) CD/Economic Develol Economic Developmej New position - Grants Todd Tatum New Item For Council To Consider 100% Ending Fund Balance On -Going Operating Fund 001 GENERAL Name: Fill out on going costs & revenues Account Number Description 2023 2024 2025 2026 2027 001.000.61.557.20.11.00 Salaries $35,613 $142,450 $142,450 $142,450 $142,450 001.000.61.557.20.23.00 Benefits 8,138 32,550 32,550 32,550 32,550 001.000.61.557.20.31.00 Supplies 5,000 5,000 5,000 5,000 5,000 Total Expenditure Increase Decrease $ 48,751 $ 180,000 $ 180,000 $ 180,000 $ 180,000 Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 Total Revenue Increase Decrease S S $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.39.508.00.00.00 Ending Fund Balance $ 48,751 $ 180,000 $ 180,000 $ 180,000 $ 180,000 Total Ending Fund Balance Increase Decrease $ 48,751 $ 180,000 $ 180,000 $ 180,000 $ 180,000 Packet Pg. 400 2023 July Budget Amendment 8.1.b Budget Amendment for: July 25, 2023 Description: Authorization to disburse grant funds that were received under the Connecting Housing to Infrastructure (CHIP) grant program administered by the Washington State Department of Commerce and funded by America Rescue Plan Act (ARPA) state and local fiscal recovery funds. The city executed a capital agreement with the Department of Commerce on June 13 to receive grant funding in the amount of $1,361,011, and subsequently approved a grant agreement with Housing Hope to disburse said grant funds on a reimbursement basis for utility -infrastructure construction -related expenses for the Edmonds Lutheran Church Field Apartments. Work must be completed by December 31, 2024. and ITitle: ICHIP Grant Funds for Housin¢ Hone Field Apartment Proiect I 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) ew Item For Council To Consider 2nd Quarter Budget Amendment Jun 6 2023 Reimbursed by Grants or Outside Agencies One -Time Operating Fund 1 001 GENERAL Name: Account Number Description 2023 2024 2025 2026 2027 001.000.39.518.63.41.00 Community Relief Funds $ 11361,011 Total Expenditure Increase Decrease S 1,361,011 $ $ $ $ Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.333.21.027.00 Connecting Housing to Infrastructure Program CHIP $ 1,361,011 $ $ $ $ Total Revenue Increase Decrease $ 1,361,011 $ $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 Total Ending Fund Balance Increase Decrease $ $ S $ $ Packet Pg. 401 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: The council -approved expansion of the parks maintenance division of new employees and related vehicles, trailers, equipment and supplies has increased the space needs which exceeds the existing parks shop facility. Other options were evaluated and deemed not feasible and the resulting solution is the lease of a commerical property in south Edmonds. The 2023 expenses related to the lease starting August 1, 2023 are $35,000 and are available through existing maintenance division salary savings. The lease agreement was approved by City Council on June 20, 2023. Any future costs will be addressed as part of the 2024 proposed 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) Parks, Recreation and Human Services Parks Parks Maintenance Yard Lease An¢ie Feser Previously Discussed By Council Jun 20 2023 100% Ending Fund Balance One -Time Operating Fund I 001 GENERAL Name: Account Number Description 2023 2024 2025 2026 2027 001.000.64.576.80.11.00 Salaries $ 35,000 $ S 001.000.64.576.80.45.00 Operating Rental and Leases 35,000 Total Expenditure Increase Decrease $ S $ $ S Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 $ S $ $ S Total Revenue Increase Decrease S S $ $ S Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.39.508.00.00.00 Ending Fund Balance $ S $ $ $ Total Ending Fund Balance Increase Decrease $ S $ $ $ Packet Pg. 402 Prcvio,2&P%V&4,Pgy,F,RffgtAgF� 2022) 8.1.b Budget Amendment for: July 25, 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. Because the city is able to deduct the amount of city -incurred expenses from Sno-Isle reimbursement, this decision package adjusts the budget for the amount that is owed for the repairs. Department: Public Works Fund Name: 001 GENERAL Division: IIIuilding 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? ICapital Expenditure Increase (Decrease) Account Number Description 2022 2023 2024 2025 2026 001.000.66.594.19.62.00 Buildings $ 300,000 $ S $ $ Total Expenditure Increase Decrease $ 300,000 $ S S $ Revenue Increase (Decrease) Account Number Description 2022 2023 2024 2025 2026 001.000.395.40.000.00 Insurance Recovery $ 300,000 $ $ S $ Total Revenue Increase Decrease $ 300,000 $ $ S $ Ending Fund Balance Increase (Decrease) Account Number Description 2022 2023 2024 2025 2026 S $ S $ $ Total Ending Fund Balance Increase Decrease S $ S S $ Packet Pg. 403 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: 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) In 2021, $25,000 was transferred from the General Fund into the Risk Management Fund. This decision package adds authority to the budget to transfer that $25,000 from the Risk Management Fund back into the General Fund. Finance Risk Management Transfer Dave Turlev New Item For Council To Consider 100% Ending Fund Balance One -Time Operating Fund MULTIPLE Name: Account Number Description 2023 2024 2025 2026 2027 011.000.39.597.19.55.01 Interfund Transfer to Fund 001 $ 25,000 $ $ $ $ 011.000.39.518.61.49.00 Miscellaneous 25,000 Total Expenditure Increase Decrease $ $ S $ $ Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.397.19.011.00 Interfund Transfer from Fund 011 $ 25,000 $ $ $ S Total Revenue Increase Decrease $ 25,000 1 $ $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.39.508.00.00.00 Ending Fund Balance $ 25,000 $ $ $ $ Total Ending Fund Balance Increase Decrease $ 25,000 $ S S $ 10 Packet Pg. 404 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: 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) The Street Fund's revenue has not kept up with expenses over the years, and on 7/18/2023, the city council approved a $20 increase to the annual vehicle license renewal fee in order to bridge this gap. This decision package adds the estimated new revenues to the budget. Streets Public Works Car Tabs Revenue Increase Marissa Cain Previously Discussed By Council Jul 18 2023 100%Ending Fund Balance On -Going Operating Fund 111 STREET Name: Fill out on going costs & revenues Account Number Description 2023 2024 2025 2026 2027 Total Expenditure Increase Decrease S $ S $ $ Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 111.000.317.60.000.00 TBD Vehicle Fee $ 200,000 $ 700,000 $ 700,000 $ 700,000 $ 700,000 Total Revenue Increase Decrease $ 200,000 1 $ 700,000 $ 700,000 $ 700,000 $ 700,000 Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 111.000.68.508.30.00.00 Ending Fund Balance 200,000 $ 700,000 $ 700,000 $ 700,000 $ 700,000 Total Ending Fund Balance Increase Decrease S 200,000 $ 700,000 $ 700,000 $ 700,000 $ 700,000 11 Packet Pg. 405 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: 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) On June 27th, the City Council awarded the construction contract for the Citywide Bicycle Improvement Project. The increase in funding for the construction phase was $299,230 in REET 126 funds. Pre-existing REET funding ($251,255) in the 2023 budget will be repurposed from the 76th Ave Overlay/2023 Overlay projects to this project for construction. Public Works Rob Previously Discussed By Council 2nd Quarter Budget Amendment Jun 27 2023 100% Ending Fund Balance One -Time Ca ital Fund 126 REET 1 Name: Account Number Description 2023 2024 2025 2026 2027 126.000.68.595.33.65.00 Construction Projects - Roadway $ 266,567 $ $ $ $ 126.000.68.542.30.41.67 Interfund Services - Roadway 31,645 126.000.64.597.73.55.17 Transfer to Fund 117 1,018 Total Expenditure Increase Decrease $ 299,230 $ S S - S Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 117.200.397.73.126.00 Interfund Transfer $ 1,018 $ $ $ $ Total Revenue Increase Decrease $ 1,018 1 $ $ S S Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 126.000.64.508.30.00.00 Ending Fund Balance $ 299,230 $ $ $ $ 117.200.64.508.40.00.00 Ending Fund Balance 1,018 Total Ending Fund Balance Increase Decrease (298,212)1 S I S I S I$ 12 Packet Pg. 406 8.1.b 2023 July Budget Amendment Budget Amendment for: July 18, 2023 Description: The council -approved Landmark Property Option Agreement requires a $100,000 payment. On June 27, 2023 the City Council authorized the Mayor to execute the agreement and payment of $100,000. This budget amendment is using funding from the land acquisition account. Department: I Parks, Recreation and Human Services Division: iParks Fund 126 REET 1 Title: Landmark Property Option Agreement payment Name Preparer: Angie Feser 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) Previously Discussed By Council 2nd Quarter Budget Amendment Jun 27 2023 100% Ending Fund Balance One -Time Capital Account Number Description 2023 2024 2025 2026 2027 126.000.64.594.76.61.00 Land $ 100,000 $ $ $ $ Total Expenditure Increase(Decrease) $ 100,000 $ $ S S Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 Total Revenue Increase Decrease $ $ S S $ Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 126.000.64.508.30.00.00 Ending Fund Balance $ 100,000 $ $ $ $ Total Ending Fund Balance Increase Decrease $ 100,000 $ S S S 13 Packet Pg. 407 2023 July Budget Amendment 8.1.b Budget Amendment for: July 25, 2023 Item Description: At the suggestion of the Administrative Services Department it is proposed that Fund 136 - Parks Trust Fund which was established by ordinance 3466 be closed. Finance periodically reviews city funds to identify unused funds that should be closed. Fund 136 has three programs (100, 200 & 300). Program 100 pertains to the beautification program and staff recommends this fund balance be transferred to Fund 127-100, the new beautification fund. Program 200 pertains to the Beach Ranger Program that is now funded out of the general fund. Annual expenditures for this program exceed the fund balance and staff recommends the balance be transferred to the general fund. Program 300 pertains to Yost Pool operations, annual operations of the pool exceed the fund balance and are currently funded out of the eeneral fund and staff recommends this balance be transferred to the 2eneral fund. Department: Parks, Recreation and Human Services Fund Name: MULTIPLE FUND 7 Division: Parks Trust Fund Title: Close out Fund 136 - Parks Trust Fund Preparer: Shannon Burley Budget Amendment Type New Item For Council To Consider Date of Discussion or Budget Approval? How is this amendment funded? 100°/u Self Funded 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 136.100.64.597.19.55.27 Parks Trust - Transfer to 127 $ 97,150 $ $ $ $ 136.200.64.597.19.55.01 Parks Trust - Interfund Transfer 70,655 136.300.64.597.19.55.01 Parks Trust - Interfund Transfer 4,415 136.100.64.573.30.41.00 Professional Services Total Expenditure Increase(Decrease) $ 172,220 $ $ S S Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 127.300.397.73.136.00 Gift Catalog -Transfer from Fund 136 $ 97,150 $ $ $ $ 001.000.397.19.136.00 General Fund - Interfund Transfer from 136 70,655 001.000.397.19.136.00 General Fund - Interfund Transfer from 136 4,415 Total Revenue Increase Decrease $ 172,220 $ S S $ Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.39.508.00.00.00 Ending Fund Balance $ 75,070 $ $ $ $ 136.100.64.508.30.00.00 Ending Fund Balance 97,150 136.200.64.508.30.00.00 Ending Fund Balance 70,655 136.300.64.508.30.00.00 Ending Fund Balance 4,415 127.300.64.508.30.00.00 Ending Fund Balance 97,150 Total Ending Fund Balance Increase Decrease S $ S S S 14 Packet Pg. 408 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: 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) Ordinance 4310 was passed on June 20th, 2023 and added a one time expenditure of $210,000 from the ARPA Funds account to provide financial support to the Edmonds School District. This decision package adds the budget authority to distribute these funds. Council ARPA Fund Edmonds School District Marissa Cain Previously Discussed By Council Jun 20 2023 Reimbursed by Grants or Outside Agencies One -Time Operating Fund 142 EDMONDS CARES Name: FUND Account Number Description 2023 2024 2025 2026 2027 142.000.39.518.63.41.00 Community Relief Funds $ 210,000 $ $ $ $ Total Expenditure Increase Decrease $ 210,000 $ S S - S Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 142.000.333.21.019.00 Community Relief Funds $ 210,000 $ $ $ $ Total Revenue Increase Decrease $ 210,000 1 $ $ S S Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 Total Ending Fund Balance Increase Decrease S S S S $ 15 Packet Pg. 409 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: The City received a $50,000 grant from the Department of Ecology to implement programs required by our Western Washington Municipal Stormwater Permit. The grant was recently amended to add an addtional $25,000. Funds will be used to purchase two storm pipe inspection cameras, pay for storm maintenance staff training, and reinbursement of a portion of the expenditures in preparing the stormwater management action plan, which is part of the Storm Comprehensive Plan. 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 Capacity Grant Michele (Mike) De Lilla Fund 422 STORM Name: New Item For Council To Consider $50k approved by Council 12/13/22. Additional $25k apprvd by Council 3/21/23. Reimbursed by Grants or Outside Agencies One -Time Capital Account Number Description 2023 2024 2025 2026 2027 422.000.72.594.31.64.00 Storm Pipe Insection Cameras S 56,474 $ $ $ $ 422.000.72.531.90.41.00 Professional Services 18,526 Total Expenditure Increase Decrease $ 75,000 $ S S - S Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 422.000.334.03.103.00 Dept of Ecology Grant $ 75,000 $ $ $ $ Total Revenue Increase Decrease $ 75,000 $ $ S S Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 Total Ending Fund Balance Increase Decrease S S S S $ 16 Packet Pg. 410 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: NATURAL GAS. Used during start-up for dryer unit and gasification system. Estimate for future years, will adjust as needed in following years' budgets. Possible increased usage in 2023 if dryer is used to produce class A biosolids for disposal in leiu of hauling wet cake to Oregon while gasification system issues continue to be resolved. Hauling and disposal of class A locally would create a tremendous overall cost savings compared to hauling wet biosolids out of state. 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 Wastewater Treatment Plant Natural Gas Ross Hahn Previously Approved Budget By Council 2023 Adopted Budget Reimbursed by Grants or Outside Agencies On -Going Operating Fund 423 SEWER / TREATMENT Name: PLANT Fill out on going costs & revenues Account Number Description 2023 2024 2025 2026 2027 423.000.76.535.80.47.63 Natural Gas $ 25,000 $ 20.000 $ 20,000 $ 20,000 $ 20,000 Total Expenditure Increase Decrease $ 25,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 423.000.343.50.400.00 Mountlake Terrace 23.174% $ 5,794 $ 4,635 $ 4,635 $ 4,635 $ 4,635 423.000.343.50.300.00 Olympic View 16.551% 4,138 3,310 3,310 3,310 3,310 423.000.343.50.500.00 Ronald WD - Shoreline 9.488% 2,372 1,898 1,898 1,898 1,898 Total Revenue Increase Decrease S 12,304 1 $ 9,843 1 $ 9,843 1 $ 9,843 1 $ 9,843 Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 423.000.75.508.00.00.00 Ending Fund Balance (12,696) 10,157 10,157 10,157 10,157 Total Ending Fund Balance Increase Decrease $ 12,696 $ 10,157 $ 10,157 $ 10,157 $ 10,157 17 Packet Pg. 411 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Item Description: SOLID WASTE/RECYCLING: Slugde hauling costs are approximately $6,000 each day, seven days a week. This expense is anticipated to continue through at least September 2023. However, this budget amendment is proposing that sludge hauling costs be budgeted through the end of 2023. The current expenditure through the end of May 2023 is over budget by $638,023. Projecting this same expense through the end of the year results in a budget increase of approximately $1,700,000. To account for contigencies we are increasing the amout for 2023 to $2,000,000. This number could significantly decrease if we are able to process class A biosolids through the dryer and dispose of locally while the gasification system is completed. $125,360 current budget + $638,023 over through May = $763,383. 763 383/5 months = 152 677/month x 12 months = 1 832 124/12 months. Department: Public Works Fund Name: 423 SEWER / TREATMENT PLANT Division: Wastewater Treatment Plant Title: Solid Waste Recycling/Hauling Costs Preparer: Ross Hahn Budget Amendment Type Previously Approved Budget By Council Date of Discussion or Budget Approval? 2023 Adopted Budget 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 423.000.76.535.80.47.66 Solild Waste/Recyclilng $ 2,000,000 Total Expenditure Increase Decrease $ 2,000,000 $ S S S Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 423.000.343.50.400.00 Mountlake Terrace 23.174% $ 463,480 $ $ $ $ 423.000.343.50.300.00 Olympic View 16.551% $ 331,020 423.000.343.50.500.00 Ronald WD 9.488% $ 189,760 Total Revenue Increase Decrease $ 984,260 1 $ $ $ S Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 423.000.75.508.00.00.00 Ending Fund Balance 1,015,740 Total Ending Fund Balance Increase Decrease $ 1,015,740 $ 1 S 1 S 1$ 18 Packet Pg. 412 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Item Description: This decision package corrects the salary and benefits budget for the WWTP Program Administrator, which was removed by management during the 2023 Budget process. Finance staff later discovered that the contract had been extended to 4/30/2024, and was approved on 4/19/2022. C d Department: Sewer Utility Fund Fund Name: q 423SEWER /TREATMENT PLANT E = tV E Q Division: WWTP Title: WWTP Program Administrator Preparer: Marissa Cain Budget Amendment Type New Item For Council To Consider 4 Date of Discussion or Budget Approval? 7 m How is this amendment funded? 100% Ending Fund Balance 7 What is the nature of the expenditure? On -Going M Is the Expenditure Operating or Capital? Operating O N El E%Denditure Increase (Decrease) Fill out on-eoine costs & revenues Account Number Description 2023 2024 2025 2026 2027 423.000.76.535.80.11.00 Salaries $ 126,156 $ 126,156 $ $ $ 423.000.76.535.80.23.00 Benefits $ 66,144 66,144 Total Expenditure Increase Decrease $ 192,300 $ 192,300 $ $ $ Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 Total Revenue Increase Decrease $ $ $ S S F,ndinu Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 423.000.75.508.00.00.00 Ending Fund Balance $ 192,300 $ 192,300 $ $ $ Total Ending Fund Balance Increase Decrease $ 192,300 $ 192,300 1 S I$ 19 Packet Pg. 413 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: Authorization to order 2 of the 2024 scheduled replacements in advance of the approved 2024 budget. Vehicle and equipment aquisition has presented many challenges recently, resulting in limited availability and increased pricing. Longer lead times for these replacements are projected to be in excess of 18 months. One of the vehicles due for replacement is the Sewer Division's Jet truck #98. This equipment is essential for the sewer division's daily operations to clear sewer backups, maintain clear flow throughout 196 miles of sewer pipe, and inspect and rate the condition of our sewer pipes with push cameras. The other replacement is to consolidate the function of 2 trailers that no longer satisfy the needs of the department. A 1996 Walton trailer and 2007 Towmaster would be replaced with a more 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 - Equipment Rental Fund Fleet Unscheduled Vehicle Replacement Carl Ruee New Item For Council To Consider 2nd Quarter Budget Amendment Jun 20 2023 One -Time Ca ital Fund 511 EQUIPMENT RENTAL Name: Account Number Description 2023 2024 2025 2026 2027 511.100.77.594.48.64.00 Equipment - B Fund $ 340,000 $ 511.100.77.594.48.64.00 Equipment - B Fund 35,000 Total Expenditure Increase Decrease $ 375,000 $ S S - S Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 Total Revenue Increase Decrease $ $ S S S Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 511.100.77.508.00.00.00 Ending Fund Balance $ 375,000 $ Total Ending Fund Balance Increase Decrease $ 375,000 $ I S I S I$ 20 Packet Pg. 414 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: Purchase one vehicle replacement- On 10/21/22 one of the 2019 Ford Explorer Police Utility Interceptor vehicles was involved in a collision. The vehicle was deemed a total loss. This vehicle was insured for full replacement cost. WCIA insurance has issued partial payment in the amount of $21,020.84 and will pay the remaining costs once the replacement vehicle is received up to $65,000. Increased vehicle costs and specialty K9 equipment will require additional costs to replace. The remaining balance is fully funded through the 511 B-Fund. 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 - Equipment Rental Fund Fleet Unscheduled Vehicle Replacement Carl Ruee New Item For Council To Consider 2nd Quarter Budget Amendment Jun 20 2023 Partially Funded One -Time Capital Fund 511 EQUIPMENT RENTAL Name: Account Number Description 2023 2024 2025 2026 2027 511.100.77.594.48.64.00 Equipment - B Fund $ 80,000 Total Expenditure Increase Decrease $ 80,000 $ S S S Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 511.100.372.00.000.00 Insurance Recovery $ 65,000 $ $ $ $ Total Revenue Increase Decrease $ 65,000 $ $ S S Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 511.100.77.508.00.00.00 Ending Fund Balance $ 15,000 $ Total Ending Fund Balance Increase Decrease $ 15,000 $ I S I S I$ 21 Packet Pg. 415 8.1.b 2023 July Budget Amendment Budget Amendment for: July 18, 2023 Item Description: Addition of one Full Time Employee (FTE) position - This position will provide much needed support to the Fleet Division to account for the ongoing growth of the city fleet. By providing one additional FTE the Fleet department would become more resilient and benefit most departments throughout the city. The Fleet Department could provide improved emergency response support, emergency vehicle support, reduced shop time on repairs and maintenance, and reduced outsourced labor costs. Since 2008, when the fleet staff was reduced to 2 FTE mechanics, the fleet has experienced gradual growth throughout the city. The Fleet Division is currently operating with 2 FTE mechanics responsible for the maintenance, repair, up fitting, and surplussing of these assets. Although, all new vehicle additions are not in service yet. the onboardin2 urocess of recruitment efforts hirin2.and trainin re uire consideration. Department: Public Works - Equipment Rental Fund Fleet Fund FTE Mechanic Name: Carl Rugg 511 EQUIPMENT RENTAL Division: Title: Preparer: Budget Amendment Type New Item For Council To Consider 2nd Quarter Budget Amendment Date of Discussion or Budget Approval? Jun 23 2023 How is this amendment funded? 100% Ending Fund Balance 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 511.000.77.548.68.11.00 Salaries $ 28,852 $ 90,884 $ 95,428 $ 100,199 $ 105,209 511.000.77.548.68.23.00 Benefits 10,000 31,500 33,075 34,729 36,465 Total Expenditure Increase Decrease S 38,852 $ 122,384 $ 128,503 $ 134,928 $ 141,674 Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 Total Revenue Increase Decrease S $ $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 511.000.77.508.00.00.00 Ending Fund Balance $ 38,852 $ 122,384 $ 128,503 $ 134,928 $ 141,674 Total Ending Fund Balance Increase Decrease $ 38,852 $ 122,384 $ 128,503 $ 134,928 $ 141,674 22 Packet Pg. 416 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Item Description: Division: Title: Preparer: 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) adjust for the Teamsters contract wages and benefits retro payment and to move the annual salary increase for the *ks department into the correct Funds, approved by Council in January of 2023. This entry was accidentally omitted in the adjustments made as part of the April budget amendment. Finance Teamsters Retro Marissa Cain Previously Discussed By Council January 2023 100 % Ending Fund Balance One -Time Operating Fund I MULTIPLE FUNDS Name: Account Number Description 2023 2024 2025 2026 2027 511.000.77.548.68.11.00 Salaries $ 34,667 $ $ $ $ 511.000.77.548.68.23.00 Benefits 6,448 001.000.66.518.30.11.00 Salaries 123,138 001.000.66.518.30.23.00 Benefits 22,904 001.000.64.576.80.11.00 Salaries 169,558 001.000.64.576.80.23.00 Benefits 31,538 130.000.64.536.20.11.00 Salaries 15,276 130.000.64.536.20.23.00 Benefits 2,841 423.000.75.535.80.11.00 Salaries 104,613 423.000.75.535.80.23.00 Benefits 19,458 422.000.72.531.70.11.00 Salaries 121,805 422.000.72.531.70.23.00 Benefits 22,656 111.000.68.542.60.11.00 Salaries 137,239 111.000.68.542.60.23.00 Benefits 25,526 423.000.76.535.80.11.00 Salaries 92,505 423.000.76.535.80.23.00 Benefits 17,206 421.000.74.534.80.11.00 Salaries 97,515 421.000.74.534.80.23.00 Benefits 18,138 001.000.64.576.80.11.00 Salaries 65,000 001.000.64.576.80.23.00 Benefits 13,000 127.300.64.576.81.11.00 Salaries 45,000 127.300.64.576.81.23.00 Benefits 9,000 130.000.64.536.20.11.00 Salaries 20,000 130.000.64.536.20.23.00 Benefits 4,000 Total Expenditure Increase Decrease $ 1,063,031 $ $ $ S Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 $ $ $ $ $ Total Revenue Increase Decrease $ S $ $ S Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.39.508.00.00.00 Ending Fund Balance $ 269,138 $ $ $ $ 511.000.77.508.89.00.00 Ending Fund Balance 41,115 423.000.75.508.00.00.00 Ending Fund Balance 233,782 422.000.72.508.00.00.00 Ending Fund Balance 144,461 421.000.74.508.00.00.00 Ending Fund Balance 115,653 111.000.68.508.30.00.00 Ending Fund Balance 162,765 127.300.64.508.30.00.00 Ending Fund Balance 54,000 130.000.64.508.40.00.00 Ending Fund Balance (42,117) Total Ending Fund Balance Increase Decrease $ 1,063,031 $ $ $ $ 23 Packet Pg. 417 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: This decision package covers software items that were in the Engineering / Water / Streets budget to be moved to the information services budget. They were removed from the various department budgets and were omitted from the IS budget. Software includes AutoTURN, Syncro, GraniteNET + Inspections, GPS cm accrcy, GIS Web App, AutoCAD / Civil 31), InfoWater, MGS Flood, XP SWMM, Drone 3D Software, HeadLight Fieldbook fleet. 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) Administrative Services Information Services Maintenance Cost Increases Brian Tulev New Item For Council To Consider 100% Ending Fund Balance On -Going Operating Fund MULTIPLE Name: Fill out on going costs & revenues Account Number Description 2023 2024 2025 2026 2027 512.000.31.518.88.48.00 Repair and Maintenance $ 48,370 $ 48,370 $ 48,370 $ 48,370 $ 48,370 001.000.67.518.21.45.11 Interfund Rental 1,215 1,215 1,215 1,215 1,215 001.000.65.518.20.45.11 Interfund Rental 3,643 3,643 3,643 3,643 3,643 423.000.75.535.80.45.11 Interfund Rental 15,390 15,390 15,390 15,390 15,390 422.000.72.531.90.45.11 Interfund Rental 13,804 13,804 13,804 13,804 13,804 421.000.71.534.80.45.11 Interfund Rental 14,319 14,319 14,319 14,319 14,319 Total Expenditure Increase(Decrease) $ 96,741 $ 96,741 $ 96,741 $ 96,741 $ 96,741 Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 512.000.348.00.000.00 Rental Charge A Fund $ 48,370 $ 48,370 $ 48,370 $ 48,370 $ 48,370 Total Revenue Increase Decrease $ 48,370 1 $ 48,370 1 $ 48,370 1 $ 48,370 1 $ 48,370 Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.39.508.00.00.00 Ending Fund Balance $ 4,858 $ 4,858 $ 4,858 $ 4,858 $ 4,858 421.000.74.508.00.00.00 Ending Fund Balance 14,319 14,319 14,319 14,319 14,319 422.000.72.508.00.00.00 Ending Fund Balance 13,804 13,804 13,804 13,804 13,804 423.000.75.508.00.00.00 Ending Fund Balance 15,390 15,390 15,390 15,390 15,390 Total Ending Fund Balance Increase Decrease $ 48,371 $ 48,371 $ 48,371 $ 48,371 $ 48,371 24 Packet Pg. 418 2023 July Budget Amendment 8.1.b Budget Amendment for: July 25, 2023 Description: 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) This decision package covers increases from 2022 to 2023 in software and hardware maintenance. Packages include Adobe, Eden, network firewall maintenance, vulnarabilty scanner maintenance video conferencing, email archiving and the electronic badge door system. Administrative Services Information Services Maintenance Cost Increases Brian Tulev New Item For Council To Consider I00°/ Ending Fund Balance On -Going Operating Fund MULTIPLE Name: Fill out on going costs & revenues Account Number Description 2023 2024 2025 2026 2027 512.000.31.518.88.48.00 Repair and Maintenance $ 43,307 $ 43,307 $ 43,307 $ 43,307 $ 43,307 001.000.11.511.60.45.11 Interfund Rental 463 463 463 463 463 001.000.21.513.10.45.11 Interfund Rental 366 366 366 366 366 001.000.22.518.10.45.11 Interfund Rental 799 799 799 799 799 001.000.23.512.51.45.11 Interfund Rental 1,806 1,806 1,806 1,806 1,806 001.000.31.514.23.45.11 Interfund Rental 1,903 1,903 1,903 1,903 1 1,903 001.000.31.514.31.45.11 Interfund Rental 645 645 645 645 645 001.000.39.522.20.45.11 Interfund Rental 243 243 243 243 243 001.000.41.521.10.45.11 Interfund Rental 8,346 8,346 8,346 8,346 8,346 001.000.61.557.20.45.11 Interfund Rental 3,504 3,504 3,504 3,504 3,504 001.000.62.524.10.45.11 Interfund Rental 941 941 941 941 941 001.000.62.524.20.45.11 Interfund Rental 887 887 1 887 887 887 001.000.62.558.60.45.11 Interfund Rental 1,175 1,175 1,175 1,175 1,175 001.000.64.571.22.45.11 Interfund Rental 2,281 2,281 2,281 2,281 2,281 001.000.65.518.20.45.11 Interfund Rental 1,924 1,924 1,924 1,924 1,924 001.000.67.518.21.45.11 Interfund Rental 1,215 1,215 1,215 1,215 1,215 421.000.74.534.80.45.11 Interfund Rental 225 225 225 225 225 422.000.72.531.90.45.11 Interfund Rental 154 154 154 154 154 423.000.75.535.80.45.11 Interfund Rental 225 225 225 225 225 423.000.76.535.80.45.11 Interfund Rental 16,205 16,205 16,205 16,205 16,205 Total Expenditure Increase(Decrease) $ 86,614 $ 86,614 $ 86,614 $ 86,614 $ 86,614 Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 512.000.348.00.000.00 Rental Charge A Fund $ 43,307 $ 43,307 $ 43,307 $ 43,307 $ 43,307 Total Revenue Increase Decrease S 43,307 $ 43,307 $ 43,307 $ 43,307 $ 43,307 Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.39.508.00.00.00 Ending Fund Balance $ 26,498 $ 26,498 $ 26,498 $ 26,498 $ 26,498 421.000.74.508.00.00.00 Ending Fund Balance 225 225 225 225 225 422.000.72.508.00.00.00 Ending Fund Balance 154 154 154 154 154 423.000.75.508.00.00.00 Ending Fund Balance 16,430 16,430 16,430 16,430 16,430 Total Ending Fund Balance Increase Decrease $ 43,307 $ 43,307 $ 43,307 $ 43,307 $ 43,307 25 Packet Pg. 419 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Item Description: This decision package increases licensing on the Clerks records library portal and land use document portal. The city is recently experiencing high usage levels leading to unavailable resources due to lack of available licensing. This is a public facing portal and citizens are experiencing access issues. 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) ve Services Services Cost Increases New Item For Council To Consider 100% Ending Fund Balance On -Going Operating Fund MULTIPLE FUNDS Name: Fill out on going costs & revenues Account Number Description 2023 2024 2025 2026 2027 512.000.31.518.88.48.00 Repair and Maintenance $ 24,000 $ 4,000 $ 4,000 $ 4,000 $ 4,000 001.000.62.524.20.45.11 Interfund Rental -Bldg 2,280 380 380 380 380 001.000.31.514.31.45.11 Interfund Rental -clerk 2,856 476 476 476 476 001.000.23.512.51.45.11 InterfundRental-court 5,136 856 856 856 856 001.000.62.524.10.45.11 Interfund Rental-dev sves 1,704 284 284 284 284 001.000.67.518.21.45.11 Interfund Rental- engineering 7,440 1,240 1,240 1,240 1,240 423.000.76.535.80.45.11 Interfund Rental-wwtp 1,152 192 192 192 192 001.000.62.558.60.45.11 Interfund Rental- planning 3,432 572 572 572 572 Total Expenditure Increase (Decrease) $ 48,000 $ 8,000 $ 8,000 $ 8,000 $ 8,000 Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 512.000.348.00.000.00 Rental Charge A Fund $ 24,600 $ 4,000 $ 4,000 $ 4,000 $ 4,000 Total Revenue Increase (Decrease) $ 24,000 $ 4,000 $ 4,000 $ 4,000 $ 4.000 Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 001.000.39.508.00.00.00 ENDING CASH & INVESTMENTS -GENERAL $ (22,848) $ (3,808) $ (3,808) $ (3,808) $ (3,808) 423.000.75.508.00.00.00 ENDING CASH & INVESTMENTS -SEWER (1,152) (192) (192) (192) (192) Total Ending Fund Balance Increase (Decrease) 1 $ (24,000) $ (4,000) $ (4,000) $ (4,000) $ (4,000) 26 Packet Pg. 420 2023 July Budget Amendment 8.1.b Budget Amendment for: July 25, 2023 Item Description: Two decision packages were approved in the September 13, 2022 for ongoing budget adjustments. One accommodates increases in Microsoft pricing, the second funded ongoing system security to better protect against cybersecurity concerns for remote work. The packages were incorrectly added to the budget amendment as a negative amount. Instead of increasing Information Services budget to accommodate the approved expenses, the entry reduced the information services budget. This decision package restores the original funding plus the approved amounts from the 2022 decision package. The department interfund rental expenditures were coded incorrectly in September of 2022 and carryforward to 2023. This entry only effects the information technology fund. Department: Administrative Services Fund Name: 512 TECHNOLOGY RENTAL FUND Division: Information Services Title: Maintenance Cost Increases PCOnarer: Brian Tulev Budget Amendment Type Previously Approved Budget By Council 2022 Adopted Budget Date of Discussion or Budget Approval? How is this amendment funded? 100% Ending Fund Balance 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 512.000.31.518.88.48.00 Repair and Maintenance Microsoft Ad' $ 18,760 $ 18,760 $ 18,760 $ 18,760 $ 18,760 512.000.31.518.88.48.00 Repair and Maintenance For Sept 22 Correction 18,760 18,760 18,760 18,760 18,760 512.000.31.518.88.48.00 Repair and Maintenance c bersecuri 18,500 18,500 18,500 18,500 18,500 512.000.31.518.88.48.00 Repair and Maintenance For Sept 22 Correction 18,500 18,500 18,500 18,500 18,500 Total Expenditure Increase Decrease $ 74,520 $ 74,520 $ 74,520 $ 74,520 $ 74,520 Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 512.000.348.00.000.00 Rental Charge A Fund For Sept 22 Correction $ 18,760 $ 18,760 $ 18,760 $ 18,760 $ 18,760 512.000.348.00.000.00 Rental Charge A Fund or Sept 22 Correction 18,500 18,500 18,500 18,500 18,500 Total Revenue Increase Decrease $ 37,260 1 $ 37,260 1 $ 37,260 1 $ 37,260 1 $ 37.260 Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 512.000.39.508.00.00.00 Ending Fund Balance for Sept 22 Correction $ 18,760 $ 18,760 $ 18,760 $ 18,760 $ 18,760 512.000.39.508.00.00.00 Ending Fund Balance for Sept 22 Correction 18,500 18,500 18,500 18,500 18,500 Total Ending Fund Balance Increase Decrease $ 37,260 $ 37,260 $ 37,260 $ 37,260 $ 37,260 27 Packet Pg. 421 8.1.b 2023 July Budget Amendment Budget Amendment for: July 25, 2023 Description: 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) On June 27th, the City Council awarded the construction contract for the Elm Way Walkway project. The additional funds programmed for the construction phase was $27,641 in REET 126 funds. Existing stormwater utility funding ($43,522) in the 2023 budget will be transferred from the 2023 Stormwater replacement project to this project for construction. Public Works Elm Way Wa Rob Enelish Previously Discussed By Council 2nd Quarter Budget Amendment Jun 27 2023 100% Ending Fund Balance One -Time Ca ital Fund MULTIPLE Name: Account Number Description 2023 2024 2025 2026 2027 126.000.68.595.33.65.00 Construction Projects - Roadway $ 27,641 $ $ $ $ 422.000.72.597.73.55.17 Transfer to Fund 117 104 Total Expenditure Increase Decrease $ 27,745 $ S S - S Revenue Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 117.200.397.73.411.00 Interfund Transfer In $ 104 $ $ $ $ Total Revenue Increase Decrease $ 104 $ $ $ S Ending Fund Balance Increase (Decrease) Account Number Description 2023 2024 2025 2026 2027 126.000.64.508.30.00.00 Ending Fund Balance $ 27,641 $ $ $ $ 422.000.72.508.00.00.00 Ending Fund Balance 104 117.200.64.508.40.00.00 Ending Fund Balance 104 Total Ending Fund Balance Increase Decrease S (27,641)1 S I S I S I$ 28 Packet Pg. 422 8.2 City Council Agenda Item Meeting Date: 07/25/2023 Resolution for Annexation into RFA Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History The City is currently considering the possibility and ramifications of annexation into the South Snohomish County Regional Fire Authority. In order to work with the RFA and perform this analysis, the City Council needs to pass a Resolution notifying the RFA of this intent. Staff Recommendation Approval on Consent. Narrative The purpose of this Resolution is to provide official communication to the RFA that the City intends to investigate the advantages and disadvantages of annexation, and that we would like the RFA to investigate the ramifications to them as well. It will be noted that the Resolution states that the city "requests annexation into the South Snohomish County Regional Fire." This is the language preferred by the RFA to let them know that the City intends to begin researching the ramifications of annexation, and this language is in alignment with the language used in the applicable RCW. By using this language we are asking the RFA to begin their process and analysis. A decision will be made by Council later this year or in early 2024 whether or not to proceed with annexation, which would need to be done by placing the measure on a ballot. Attachments: Resolution Re RFA Annexation Packet Pg. 423 RESOLUTION NO. XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON EXPRESSING THE INTENT TO PURSUE THE BENEFITS OF RECEIVING FIRE AND EMERGENCY MEDICAL SERVICES FROM THE SOUTH SNOHOMISH COUNTY REGIONAL FIRE AUTHORITY VIA ANNEXATION WHEREAS, the City of Edmonds ("the City") and the South Snohomish County Fire & Rescue Regional Authority ("SCF") share a contiguous border along the City's Eastern boundary; and WHEREAS, the City is a fire protection jurisdiction as defined in RCW 52.26.020(3); and WHEREAS, RCW 52.26 authorizes two or more fire protection jurisdictions to participate in a regional fire services authority commonly known as a regional fire authority or "RFA' ; and WHEREAS, the City and SCF are interested in pursuing the potential operational efficiencies and cost savings over other available service providers, as a result of annexing into SCF; and WHEREAS, both the City and SCF believe that the public health and safety of the citizens they serve will benefit from annexation into SCF; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, THAT: Section 1. Pursuant to RCW 52.26.300(2), the City requests annexation into the South Snohomish County Regional Fire, subject to the provisions of RCW 52.26.300(3) and voter approval. Section 2. The City Clerk is instructed to file this Resolution with the Governing Board of SCF in accordance with RCW 52.26.300(2). Resolved this day of 2023. APPROVED: MIKE NELSON, MAYOR Packet Pg. 424 8.2.a ATTEST/AUTHENTICATED: SCOTT PASSEY, CITY CLERK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Packet Pg. 425 8.3 City Council Agenda Item Meeting Date: 07/25/2023 Project Update: Tree Code Amendments Staff Lead: Deb Powers Department: Planning Division Preparer: Deb Powers Staff Recommendation No action is required at this meeting. Staff will provide a brief presentation on the status of the tree code amendment project and answer questions from City Council. The Planning Board continues to hold work sessions on potential amendments to the tree code, and the City Council will hold a public hearing later this year to consider the Planning Board's recommendation. Narrative The City Council last received a project update on the Tree Code Update at their January 17, 2023 meeting. Since that time, staff and its consultant team have conducted a series of community meetings, surveys, and stakeholder interviews as well as solicited input from the Planning Board and Tree Board, including a June 28 joint meeting of the two boards. Staff will provide a brief summary of public engagement efforts and community feedback as well as Planning Board direction and Tree Board input on: 1) amendments to the existing development -related code, Chapter 23.10 of the Edmonds Community Development Code; and 2) new property owner tree removal allowances, which the City Council provided initial direction on at their June 1, 2021 meeting. The Planning Board is scheduled to hold work sessions to review draft tree code language at their August 23 and September 13, 2023 meetings, with the public hearing occurring as soon as October 11, 2023. Per ECDC 20.80.020, the Planning Board will make a formal recommendation to City Council at the conclusion of their public hearing. Attachments: Attachment 1 - June 1, 2021 City Council Minutes Attachment 2 - June 28 Planning Board and Tree Board Meeting Minutes Packet Pg. 426 her a picture of a DADU and it looks like just another house. She was concerned about upzoning and not having transition zones. Citizens need to know where and how rather than everything being carte blanche. Hearing no opposition, Ms. Hope assumed there was Council consensus to proceed with those items and schedule a special study session. 3. STAGE 2 TREE ISSUES Development Services Director Hope said this is a follow up on an issue the Council has considered over several months. The Council adopted new regulations related to development following up on the UFMP and other work. Council has also been interested in doing things beyond that. Environmental Program Manager Kernen Lien explained when the Council was working on tree code regulations that applied to developing sites, a number of Stage 2 items were identified for future updates. Some are underway now and nearing completion such as Inventory of Downtown Trees, Street Tree Plan Update, and Tree Canopy Assessment. He displayed a list of Upcoming Tree -Related Items and Timing, explaining the shaded items will go to the Planning Board and the Planning Board has requested clear direction from Council on those items. Item Timing Inventory of downtown street trees Q2 2021-Q3 2021 Inventory of other public trees 2022 or TBD Street Tree Plan update Q2 2021-Q4 20221 Tree canopy assessment Q2 2021-Q3 2021 Heritage Tree Program Q32021-Q4 2021 Tree Canopy Goal Q3 2021 Assessment of staffing and other resource needs Q2 2021 -2022 or TBD Incentive program using stormwater utility fee reductions Q4 2021-2022 or TBD Exploration of other incentive programs 2022 or TBD Open sace acquisition Q4 2021-2022 or TBD Tree retention on private property (not related to development) Q4 202 Partnerships with other organizations Q3 2021 — 2022 or TBD Annual reports on City tree activities Q2 2021 Treegive-away program 2022 or TBD View corridors 2022 or TBD Wildlife & habitat corridors Q3 2021-Q4 2021 Expanded public education & Information Q3 2021 — 2022 or TBD Stormwater & watershed Analysis Q4 2021-2022 or TBD Other tree -related issues 2022 or TBD Mr. Lien reviewed: Tree Regulations on Private Property o Goal 1 - Maintain or enhance citywide canopy coverage The city has limited information about the condition of the urban forest. Success with this objective will be achieved with enhanced management of public trees and a deeper understanding of the population of trees on private property. The following actions will support this objective: A. Update tree regulations to reduce clearcutting or other development impacts on the urban forest and to consider changes to tree replacement requirements and penalties for code violations o Goal 3 -Incentivize protecting & planting trees on private property Edmonds City Council Approved Minutes June 1, 2021 Page 16 Packet Pg. 427 8.3.a To ensure success with enhancing the tree canopy, the city recognizes that voluntary public participation must be encouraged. The following actions will support this objective. Equity o Edmonds is a varied city that has developed over many years. o In some areas, large swaths of native trees have been cut — as part of intense urban development o Elsewhere, many trees remain, due to limited incentives to remove them or perhaps the landscape did not encourage their removal (e.g. steep slopes or stream corridors) o Equity concerns should be considered o A balancing of private property rights with public benefit should be considered Options for Tree Retention on Private Property Not Related to Development 1. Require fee permit for removal of any significant tree (6 inch DBH) 2. Allow X number of trees on a given property to be removed over a period of time 3. Allow X number of trees less the 24 inch DBH to be removed over a period of time 4. Require paid permit for removal of more than the allowed number of trees and for removal of 24 inch DBH trees 5. Review retention requirements for all of the above, or only when permit is required? 6. Consider whether all residential properties should be required to have minimum number of trees Heritage Tree Program o UFMP Goal LD Develop a voluntary heritage tree program 1. Completely voluntary program. Designated Heritage Tree to be removed from Heritage Tree Program at owners desire 2. Property owner voluntarily designates Heritage Tree, but Heritage Tree must be protected and only removed if hazard or nuisance 3. Anyone may nominate a Heritage Tree regardless of property owner's consent and Heritage Tree must be protected Views o UFMP recognizes views, but does not include in specific goals related to view protection o Public view corridors vs. private view protection o City would be arbitrator between property owners o State has strong protections regarding private property rights and city will have limited ability to enforce restrictions on one property to protect the view afforded another o Other considerations include critical areas View Options o Establish "view sheds" or "view areas" a. Limit mature tree height to allowable zoning height b. Require a "view corridor" over a percentage of the property line where trees could not be planted o Establish process where trees may be removed if they grow into a view in a "view area" o If city pursues regulations regarding private views other factors need to be considered such as critical areas Habitat Corridors o Largely protected by critical areas o Education ■ Stormwater crews ■ Partner with organizations such as Stream Keepers and Students Saving Salmon o Critical area Habitat and Species of Local importance o Tree canopy assessment Incentives o Goals 3 — Incentivize protecting & planting trees on private property Edmonds City Council Approved Minutes June 1, 2021 Page 17 Packet Pg. 428 8.3.a To ensure success with enhancing the tree canopy, the City recognizes that voluntary public participation must be encouraged. The following actions will support this objective: A. Have a program of giving away trees and/or tree vouchers for use in Edmonds B. For properties that retain a certain amount of tree canopy cover, explore establishment of: i. A property tax "rebate" applicable to the City portion of property taxes; and/or ii. A stormwater utility fee reduction; and/or iii. Other techniques that provide a financial recognition of the benefits of tree planting and protection. C. Develop a certification/awards program to publicly recognize property owners that maintain a certain amount or type of healthy trees Mr. Lien relayed staff was seeking direction from direction from Council on what they wanted to see in the Stage 2 Tree Update related to the options for tree retention on private property not related to development: Councilmember Buckshnis asked why it was necessary to charge any fees when the goal was to keep track of trees being cut down. She asked why the City would want to require a fee permit for 6 inch tree. Mr. Lien referred to the list of options on page 186 for tree retention on private property not related to development. He was not recommending a fee, but that was one of the options for Council to consider. With that option, if someone wanted to remove a tree, a permit could be required with a minimal fee. Options 2 would not require fee permit but would require documentation. Property owners would be allowed to remove X trees of any size per year; it would not require a permit or fee, but documentation would need to be submitted so the City could track it and ensure they were not asking to remove more than the number of trees they were allotted. Option 3 would allow property owners to remove X number of smaller trees. Option 4 would require a permit to remove more than the allowed number of trees or removal of 24" DBH trees. If permits are required for removal, even the 24" DBH trees, it will be necessary to establish criteria; why would the City say no to removing those trees, are they allowed outright, is a permit required to review a replanting plan, etc. Options 5 and 6 refer to retention requirements and a minimum number of trees on the property. He summarized a fee permit for any tree removal is option as well as no fee but documentation. Councilmember Buckshnis preferred Options 1, 2 and 3. She recognized those will be labor intensive and asked whether an analysis had been done regarding additional staff. Ms. Hope said the exact amount of staffing depends on which option the Council selects. There would need to be an urban forester or arborist position to oversee this as well as 1-2 additional staff or more if a more complex process was selected. There are a lot of costs associated with tracking regardless of whether a fee is charged. Councilmember Buckshnis commented on the unintended consequences she has witnessed with the emergency ordinance regarding 24" landmark trees. Homeowners reporting their neighbors to the City for cutting a big tree. She wanted citizens to feel comfortable that they could remove some trees and to understand the environmental reasons for retaining trees. She preferred a no fee permit and only monitoring. Ms. Hope recalled some Councilmembers were interested in staff talking with people who wanted to cut trees and explaining their options. That is a great idea but will also require staff resources. Council President Paine agreed with either free or low cost permitting for trees. She supported some type of permitting process so the City can track what is happening with trees. Before adopting requirements, it will be important to have the canopy assessment to provide a measurement. The Council can then determine a canopy goal/target and how to reach that canopy. Education will be helpful to many homeowners. The program will require resources include urban forestry staff, code enforcement, permit review, and staff who to provide education. Edmonds City Council Approved Minutes June 1, 2021 Page 18 Packet Pg. 429 8.3.a Council President Paine asked if the Planning Board was seeking direction from the Council about a Heritage Tree Program. Ms. Hope said the Planning Board was interested in direction from the Council about a Heritage Tree Program. Mr. Lien said the Heritage Tree Program is separate from regulations for tree retention on private property. The Heritage Tree Program would be a recognition type program, two separate code updates. The Planning Board is seeking direction from Council regarding tree retention on private property not related to development. He provided the six options to give Council something to consider. Councilmember Olson agreed with not requiring a fee. She recalled Bill Phipps referencing Kirkland's code and what he like about it was there was no fee and the city took responsibility for planting elsewhere for some of the trees being removed. There is greater incentive for a property owner to identify the trees they want to remove and get counsel from the city arborist or other knowledgeable source regarding alternatives to removing a tree. The time the Council has spent on the tree code has been very valuable and she thanked staff and citizens for being patient with the time it takes to synthetize inputs and develop good policy. Some of points that have resonated with her are the difficulty to enforce prohibitions, people who are determined to take trees down and people who love trees and therefore bought property full of trees and end up being penalized. Councilmember Olson referred to the question raised during Audience Comments about why the City is doing this. She said the environmental component was the driver, trees are an important part of carbon sequestration and a component in climate change. Protecting the tree canopy not only helps with that but also enhance the aesthetics. With regard to a Heritage Tree Program, she would support a site specific tree program and if it is required in the UFMP, she would support a voluntary program. With regard to views, she referred to vegetation used as a fence. The City legislates how high fences can be, and if someone uses vegetation as a fence, it should not be allowed to be 20 feet tall and block their neighbor's light or view. Mr. Lien said the City has regulated hedge height in the past, but that was removed from the code before he came to the City 13 years go. Regulating hedge height requires the City to be arbitrator between neighbors; one person wants the hedge for privacy and the other wants the hedge removed for view reasons. Councilmember Olson commented the code could be clear if vegetation used as a fence blocked views, it needed to comply with the fence height regulations. That did not mean a property owner could not have a tree in that area, but they could not use a hedge as a fence. Councilmember K. Johnson thanked Mr. Lien for taking a comprehensive look at the Tree Code Stage 2, incorporating a range of options and asking the Council to narrow it down for the Planning Board. She was unsure if that was what staff wanted or if the Planning Board wanted to continue to look at the range of options. Ms. Hope said staff was not asking Council to eliminate any of the options tonight, but to determine next steps for the Planning Board to begin that work. All the other items will come back to the Council in the future. Mr. Lien said the Planning Board was seeking clear direction from the Council regarding what direction to go and what to look at. Tree retention on private property not related to development is the most difficult. If the Council wants to pursue a Heritage Tree Program, that is pretty easy and there are a few options. With regard to tree retention on private property, Council appeared to be interested in an option that did not require a fee; tracking tree removal with no fee. Additional Council direction is needed regarding when a permit is required, whether it is above X number of trees or is it not allowed and a property owner can only remove two trees, or is it limited by size, etc. He asked when a permit would be required. Councilmember K. Johnson agreed with moving the Heritage Tree Program to the Planning Board. She was also interested in wildlife and habitat corridors, relaying her understanding that they were protected under the critical area ordinance but there are large trees in parks and other areas so she encouraged the Edmonds City Council Approved Minutes June 1, 2021 Page 19 Packet Pg. 430 Planning Board to tackle that issue. Wildlife and habitat corridors are important for the tree canopy as well as salmon recovery efforts. Council President Paine agreed with having the Planning Board look at a Heritage Tree Program. She supported a free or low cost tree permit for removal of any significant trees, and suggested having the Planning Board consider Options 2 and 3 along with data from the canopy assessment. She also agreed with looking at wildlife and habitat corridors. Councilmember Distelhorst agreed with providing general direction to the Planning Board regarding Options 2 and 3 and have them consider a no cost tracking permit. The clock is ticking on the emergency ordinance so there is some pressure to ensure the 24" and larger trees are addressed via an update from the Planning Board that will come to Council. He expressed support for Option 1 for a Heritage Tree Program. He has seen how some of the more restrictive options such as Option 3 have been used with buildings where people have applied for landmark status on something they do not own and have no interest in and how that has been weaponized. Councilmember Buckshnis agreed with a Heritage Tree Program. She recalled the Floretum Garden Club and the Tree Board had discussed that and Councilmember Olson provided an example of program that did not need to be codified. She supported doing districting or establishing view/no view areas in the UFMP. Edmonds' real estate market is flourishing and houses with trees are priced differently than houses with views. She was not sure how to diplomatically address view versus no view in the code. She agreed with focusing on wildlife and habitat corridors, no net loss and net ecological gain. A lot of it is related to critical areas but there are also wildlife corridors in non -critical areas. With regard to incentives, she was concerned with opened up a ball of wax, especially related to stormwater issues. She summarized habitat, permitting and view corridors were her top three. Councilmember L. Johnson recommended approaching this as a shared responsibility; the overwhelming responsibility should not be on one subset of the community or homeowners over another. She agreed with Options 2 and 3 for tree retention on private property not related to development, noting the canopy assessment will guide that. The canopy assessment will also guide Option 6, whether all residential property should be required to have a minimum number of trees. Without the information provided by the canopy assessment, it is difficult to decide. With regard to a Heritage Tree Program, Councilmember L. Johnson supported Options 1 or 2 related to a voluntary program. With regard to view corridors, this is related to the equity issue and providing a balance. A number of properties have already been cleared, is it fair to put the burden on those who have not yet removed trees? It will be a delicate balance and will depend on the canopy assessment. She questioned what constitutes a view corridor, observing there are a lot of different views. She referred to comment related to light and asked whether access to light was prioritized for someone living in a view corridor but not for other homeowners which she felt was an inequity issue. The City does not want to be in the business of defining and regulating views and should leave that up to homeowners to do amongst themselves. With regard to wildlife and habitat corridors, she cited the importance of education and incentives. She supported certification for wildlife and habitat corridors similar to a Heritage Tree Program. She was not sold on incentives but neither did she want to rule them out. She would support incentives that were easier to do and did not require as much staff time to monitor. Councilmember Fraley-Monillas said she was not prepared to provide her arguments for and against options tonight. She misunderstood what the Council was doing with this agenda item and will not be stating her preferences but is listening to everyone else and has a good understanding of their priorities. Edmonds City Council Approved Minutes June 1, 2021 Page 20 Packet Pg. 431 8.3.a With regard to the issue of light, Councilmember Olson agreed that related to equity; it could arise anywhere and was not exclusive to the bowl. Blocking light can be an issue for someone's garden. She strongly favored incentives, agreeing they were complicated to figure out but that was the way to go. The environment is important, and instead of spending money on enforcement and punishment, she preferred to provide incentives for having the right tree in the right place. She felt the City could get better results with incentives rather than punishments. Mr. Lien said he did not assume the Council would complete this tonight; it was intended to provide some guidance. The Council has provided clear direction on the Heritage Tree Program. The direction regarding tree retention on private property not related to development seemed to be no permit but tracking for the removal of a certain number of trees. He will come back to Council to discuss views and habitat corridors in more depth so Council can provide clearer direction. Council agreed. Mr. Lien referenced comments regarding light, noting some jurisdictions have regulations related to solar access.. Mayor Nelson declared a brief recess. He relayed Council President Paine and he conferred during the recess and decided Item 8.5 would be postponed to a future meeting. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND THE MEETING TO 10:15 P.M. MOTION CARRIED UNANIMOUSLY. 4. PLANNING BOARD RECOMMENDATION TO APPROVE AN AMENDMENT TO CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN CHAPTER 17.70 ECDC Development Services Director Shane Hope advised this is not about outdoor dining on sidewalks or streets. Planning Manager Rob Chave advised this is a Planning Board recommendation on an interim ordinance Council adopted at the end of December related to outdoor dining. Although the ordinance was listed, it was not included in packet. He displayed the one -page ordinance and explained on private property, dining is allowed as an outdoor use. Until the interim ordinance, an additional 10% of the indoor seating was allowed as outdoor seating or 12 seats whichever was greater and beyond those limits a Conditional Use Permit (CUP) was required. He commented 10% of the interior seating or 12 seats was not very much and especially during COVID, it came to the City's attention that restaurants needed more flexibility. A CUP goes to the Hearing Examiner and costs thousands of dollars and takes up to three months for approval, making any significant outdoor dining cost and time prohibitive for a typical restaurant/small business. Mr. Chave explained the interim ordinance adopted by Council removed the requirement for a CUP, clarified the need for a building permit for any structures, and for retaining any ADA accessible parking spaces. The original code did not have a limitation on the amount of outdoor dining; the interim ordinance had a limit up to 50% of the existing interior seating and up to 30 seats. The interim ordinance was more generous than what was allowed without a permit, but not as open ended as the original code. The Planning Board held a public hearing and recommended making the interim ordinance permanent. A public hearing at City Council is scheduled on June 15t'' Councilmember Buckshnis asked how 30 seats versus 40 or 20 was decided when the original was 12. Mr. Chave it was 12 or 10% of the indoor seating whichever was more. Thirty seats seemed like a reasonable number, it could be lower or higher. The 50% was not a magic number but it clearly indicates that outdoor dining was to be a secondary part of the overall operation, not the main part. Under the interim code, the additional outdoor dining could be 50% of the interior or 30 seats. For example, a small takeout place with just a kitchen and no interior seating could have 30 outdoor seats. Edmonds City Council Approved Minutes June 1, 2021 Page 21 Packet Pg. 432 8.3.b ANNOUNCEMENT OF AGENDA THERE WAS UNANIMOUS CONSENT TO APPROVE THE AGENDA AS PRESENTED. AUDIENCE COMMENTS Steve W stated that there has been little or no discussion on the negative effects that some trees have on active or passive solar access. Is there any intention to do so? ADMINISTRATIVE REPORTS None PUBLIC HEARINGS None UNFINISHED BUSINESS A. Joint Work Session with Tree Board on Tree Code Update (AMD2022-00004) Urban Forest Planner Deb Powers made a PowerPoint presentation regarding Property Owner Tree Removals. Under the current code, in most cases on developed single-family lots with no critical areas, it's basically unlimited tree removals. This code amendment is addressing that situation. Key concepts for consideration with this code update: • Number of removals • Frequency • Additional trees that can be removed (exceptions) • Landmark trees • Tree removal in critical areas • Replacement requirements Number of removals: Ms. Powers reviewed that at the April 26 meeting the Planning Board was supportive of allowing a certain number of trees to be removed under a notification process. There had been some question about whether it should depend on the property size and/or what frequency the removals would be allowed. She reviewed some sample code language. Another question was related to the size of the trees. The Planning Board had proposed that only trees 12" to 23.9" DBH would be "regulated" under the allowance. "Landmark" trees would be 24" DBH or greater. Frequency: Is 12 months between allowed tree removals appropriate? The Planning Board had thought that it would depend on the size and number of trees. Additional trees that can be removed: Are hazardous and nuisance trees reasonable exceptions to the number of allowances? These would be allowed to be removed in addition to whatever the allowance is. Planning Board Meeting Minutes June 28, 2023 Page 2 of 8 Packet Pg. 433 8.3.b Landmark tree removals: Should "Landmark" tree removals be regulated in the same manner as smaller trees? Fewer number of allowed removals? Greater number of months between removals? The Planning Board had indicated that Landmark tree removals (24"+ DBH) should be more limited than smaller trees. Ms. Powers reviewed some sample potential numbers with different allowances for different property sizes. Planning Board Member Mitchell wondered about having different standards for different neighborhoods rather than a one -size -fits -all approach in order to retain characteristics of specific neighborhoods. For example, he noted that the existing tree density in Westgate is way less than Perrinville. Ms. Powers acknowledged that this could raise equity concerns. She noted that they could made the code as complex or as simple as desired, but with greater code complexity there is usually less code compliance. Additionally, staff does not have the resources to deal with administering a complex code. Planning Board Vice Chair Tragus-Campbell recommended not overcomplicating the process. She agreed that there are areas where there is a much greater canopy loss but having the same regulations across the city will be easier for everyone to understand. She said she liked the way the chart shared by Ms. Powers was set up even though she would be in favor of having two trees be the starting point for regulated tree removal allowances per 12 months rather than three trees. Critical areas: Should the same tree removal allowances apply in critical areas? The Planning Board had previously suggested only hazard and nuisance trees should be allowed to be removed in critical areas. A permit would be required to review whether the trees fit that criterion. Ms. Powers explained that the number one code enforcement issue they are having right now is unauthorized tree removals in critical areas. Replacement requirements: Should replacement trees be required for property owner tree removals? The response at the previous meeting was that it depends on the size and number of trees removed. Ms. Powers noted that no replanting is occurring with the current unlimited tree removals and reviewed a proposed matrix showing the removed tree DBH and the required number of replacements. Planning Board Member Maxwell asked the Tree Board their thoughts about regulating tree removals on private property. Tree Board Chair Cass explained that they are all passionate about trees and maintaining the tree canopy but they had mixed opinions about how to go about it. She referred back to a heated 2015 Planning Board public hearing about this topic. The decision then was to make sure there was an Urban Forest Management Plan which should extend at least 20 years out with good goals. She noted there is now a Plan with a good set of goals they haven't done and yet they are jumping to this action which wasn't necessarily in the Plan. She thinks it would be hard to re-engage with the public when they asked for an Urban Forest Management Plan with specific goals. She added that she noticed the consultant's report on the most recent public outreach related to the current code updates didn't go back to 2015 or include all the public input that went into the management plan. Tree Board Vice Chair Phipps commented that he feels they should allow more trees to be removed on larger - sized properties. Tree Board Member Kliment expressed support for not allowing any tree removals in critical areas unless they are hazardous trees. She liked the simplicity of the proposed plan. She is concerned about compliance and whether or not they will lose more trees simply because of the fact that there is a tree code. A lot of people have made it clear they don't want a tree code. Planning Board Meeting Minutes June 28, 2023 Page 3 of 8 Packet Pg. 434 8.3.b Planning Board Member Mitchell asked the Tree Board if the Urban Forest Management Plan aligns with the existing tree code. Tree Board Chair Cass stated that the first goal was to maintain or enhance canopy coverage but there was a whole bunch of sub goals that were supposed to be encouraged. There was also supposed to be some tracking and reassessment after ten years. Planning Board Member Mitchell commented that it seems that there needs to be a regulatory framework aligned with the Urban Forest Management Plan. Tree Board Chair Cass agreed and said she thought that the control of tree removal on private property did not meet the goals of the Urban Forest Management Plan. Tree Board Member Kliment said there is a statement in the Urban Forest Management Plan that says that the Edmonds population did not want any sort of control of tree removal on private property. Even in the current outreach done by the consultant, the number of people that responded is minimal and 19% of them did not even live in Edmonds. Planning Board Member Mitchell wondered about goal number 3 with more of an incentivized approach to protecting and planting trees. Tree Board Member Kliment said she was very supportive of an educational approach. Critical areas are something that they really need to pay attention to and have some sort of regulations around those because of landslides. Planning Board Member Martini asked about focusing on critical areas where environmental impacts would be greatest. Tree Board Member Kliment replied that the Tree Board's idea was to have a computer at the fall market booth where residents can type in their address to see whether their property is in a critical area and get information about what that means. She noted that what people in critical areas do with their trees has an impact on their neighbors. Planning Manager Levitan acknowledged that the public outreach they have done with this current work is not statistically significant but said he would say the same for the 2015 comments at the public hearing. Tree Board Chair Cass said she heard there were close to 300 people in the chambers for that meeting. Planning Manager Levitan said he didn't see the video but based on the minutes there were 15-20 people who provided oral testimony. Planning Board Chair Gladstone asked Ms. Powers what has been undertaken to implement the existing Urban Forest Management Plan from 2019. She also wondered what triggered the notion of having a code that may not have been consistent with the Urban Forest Management Plan. Ms. Powers explained there are quite a few goals in the Urban Forest Management Plan that have been achieved already. In 2024 there will be a gap analysis of the goals and consideration of the barriers to achieving the goals. She noted that the Urban Forest Management Plan goals are not just for the City to implement but for citizens, volunteer groups, the Tree Board, etc. She noted that Goal 1A related to development was achieved in 2021. At that point in time there was direction given to look at private property tree removal. Council was concerned that there was no accounting for or tracking of trees that were removed and no requirements for replanting. Planning Board Chair Gladstone asked about the percentage of canopy cover that is on private property. Tree Board Vice Chair Phipps replied that it was 87% - the vast majority of trees in Edmonds are on private property that has already been developed. Tree Board Chair Cass later added that 58% of the city's tree canopy is on single-family residential land. PLANNING BOARD VICE CHAIR TRAGUS-CAMPBELL MOVED TO REMOVE THE OPTION OF DOING NOTHING FROM THE TABLE AND THAT PROPERTY OWNER TREE REMOVALS SHOULD BE RESTRICTED IN SOME MANNER TO BE RECOMMENDED FURTHER ON IN Planning Board Meeting Minutes June 28, 2023 Page 4 of 8 Packet Pg. 435 8.3.b THIS DISCUSSION. THE MOTION WAS SECONDED BY PLANNING BOARD MEMBER KUEHN. Planning Manager Levitan noted that this was a work session and not the traditional time to make a motion. Vice Chair Tragus-Campbell said her goal was to spend time on the analysis and not discussing whether or not they should do the analysis because she feels like that has already been determined. Planning Board Member Maxwell commented that there seems to be general agreement by the group that they would want to restrict tree removals in critical areas. He noted he is sympathetic to Edmonds residents who are concerned about taking away the ability to cut down trees on their own property given that they don't have a canopy problem. Planning Board Member Mitchell asked when the tree canopy would become a problem. Planning Board Member Maxwell replied that the canopy is growing and not shrinking. It may not be growing as fast as they would like but it is not shrinking. He noted that some of the documents indicated that there are concerns but those are about developers and newcomers. In general, Edmonds residents seem to value their trees and do not cut them down. Planning Board Chair Gladstone said it is very difficult to determine at what point they are going to act. She believes they are at a point where the canopy is important for so many things including affecting the urban temperature. She doesn't want to wait until there is a reduction in the tree canopy and a problem; she wants to retain it the way it is. She also wants to do it in an equitable way, understanding that there is a tension between private property ownership and communal good. She thinks they can come to some reasonable compromises in navigating that tension. It may not necessarily be what's recommended in the Urban Forest Management Plan, but it may complement it. She also recommended keeping it as simple as possible. Planning Board Member Kuehn agreed that simple is good. He also supported the motion. He acknowledged there may not be a problem right now with the tree canopy, but their job is to plan for the future before there is a problem. Playing catchup with something like this is a losing battle. He noted that having a nice big tree canopy is important for helping with climate change. MOTION PASSED 4-2. Planning Board Chair Gladstone urged the group to keep the code simple because the simpler it is, the less there is to argue about. Recognizing the strong tension between private property and tree protection and canopy protection she thinks they need to figure out the best way to navigate that and get something reasonable and workable to Council. Ms. Powers suggested that there seems to be a basic agreement that critical areas need to be protected. The next most basic form of regulations would be a simple allowance (a certain number of trees per year with notification) not based on property size. At this simplest level, landmark tree removal would not be distinguished. Nuisance and hazard trees would be over and above that numbers and would be subject to review to make sure they meet the criteria. There was some discussion about how this would be counted and documented. Planning Board Meeting Minutes June 28, 2023 Page 5 of 8 Packet Pg. 436 8.3.b Tree Board Chair Cass asked if they could consider rolling over allowed trees to future years to be more cost effective for property owners. Ms. Powers explained that in Kirkland that was considered "borrowing" from future tree removals. It was hotly debated and there were questions as to whether it was effectively and fairly slowing the loss of canopy. It also complicates tracking tree removals. Tree Board Member Fagerstrom commented that ultimately the Council will decide this following a public hearing and there will probably be a lot of public comments. He asked if the Planning Board had discussed tree replacement or fee -in -lieu requirements. He noted that he is in favor of tree replacement but the current standards are almost a joke because they don't replicate the environmental benefit from the trees that were removed. He wants to maintain people's private property rights but he also wants to do what they can to maintain if not increase the tree canopy to help protect the environment. Planning Board Vice Chair Tragus-Campbell said she was generally in favor of tree replacements but agreed that the current standards are highly inequitable in terms of trying to make sure that they are trying to replace the same volume of impacted tree canopy. She would not be in favor of requiring homeowners to do replacements or fees -in -lieu because it would just add more negativity to the situation. It might be worthwhile to consider the outright allowance only for 12-24" DBH trees. If they want to remove larger trees, they could require a permit and replacements. She stated that she was opposed to allowing fees in lieu in any circumstance. Planning Board Member Mitchell asked about using a green factor metric to alleviate the controversies between how many trees they could remove and replace. He commented that some jurisdictions are doing this to simplify the issue. Ms. Powers agreed that this was a wonderful method, but it is also a much more complex level of code for both the property owner and for staff. Planning Board Member Maxwell commented that the chart showing the number of trees that could be removed at one time (depending on property size) is more complicated than it has to be and doesn't make sense to him. He wondered why it wasn't a simple formula like 1 tree per 3000 square feet. Ms. Powers explained this was similar to the breakdowns in other jurisdictions but it sounds like the left side. (property size) is dropping off anyway in favor of a simplified number of trees. Planning Board Member Maxwell said it should change with the size of the lot. Tree Board Vice Chair Phipps agreed that it should be graduated. He didn't think that was too complex. He also thinks that landmark trees should get special consideration because they are very large trees and hold in tremendous amounts of carbon. When you remove those there needs to be replacement trees. Planning Board Member Kuehn said he agreed that landmark trees should be treated differently because of what it would take to replace those. He thought the proposed chart was pretty simple if you can read a table. Planning Board Chair Gladstone commented that breaking it up by property size is an equity issue because it is a privilege to have a larger piece of land and be able to remove more trees. She wrestles with this because she also recognizes that it is a bigger lot with maybe more trees. She would be interested in discussing this more at a future meeting. She also wondered why staff chose three trees per year instead of the "two -per" trees concept that Kirkland used. Tree Board members departed. Planning Board Meeting Minutes June 28, 2023 Page 6 of 8 Packet Pg. 437