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2023-08-15 City Council PacketOp E D o Agenda Edmonds City Council tnl. }nyo REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 AUGUST 15, 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 August 15, 2023 Page 1 1. Claim for Damages for filing (0 min) 2. Written Public Comments (0 min) 3. Edmonds Underwater Park Steward's 2022-23 Status Report (0 min) 7. APPROVAL OF THE CONSENT AGENDA 1. Approval of Special Meeting Minutes August 2, 2023 2. Approval of Regular Meeting Minutes August 2, 2023 3. Approval of Council Committee Meeting Minutes August 8, 2023 4. Approval of payroll and benefit checks, direct deposit and wire payments. 5. Approval of claim checks and wire payments. 6. City Attorney Contract 2024 7. Conflict Counsel and Public Defense Assessor Rates 8. Ordinance to amend ECC 10.55 Edmonds Youth Commission 9. Ordinance for PFD Charter Amendment 10. Ordinance to close Parks Trust Fund 136 11. Fiber Customer Price Adjustment 12. Award Construction Contract for the 2023 Overlay Project. 13. Approval of Supplemental Agreement with WSP for construction management services on the 76th Ave Overlay project. 14. Approval of Supplemental Agreement with Atwell LLC for Citywide Bicycle Improvements Project 8. COUNCIL BUSINESS 1. 2023 Second Quarter Financial Update (10 min) 2. Landmark 99 Project Update & Budget Request (30 min) 3. Ordinance to Amend ECC 2.05 Concerning City Attorney and City Prosecutor (25 min) 4. Proposed Code Amendment to ECC 5.05.060 (10 min) 5. Ordinance Allowing Six Hens (female chickens) per Single -Family Residence (20 min) 9. MAYOR'S COMMENTS 10. COUNCIL COMMENTS ADJOURN Edmonds City Council Agenda August 15, 2023 Page 2 6.1 City Council Agenda Item Meeting Date: 08/15/2023 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 Eugene Hofineister 5th Ave & Walnut ($10,000.00) Attachments: Claim for Damages - Eugene Frank Hofineister - for council Packet Pg. 3 6.1.a k...N CITY OF EDMONDS Zi123 CLAIM FOR DAMAGES FORM Date Claim Form Received by City is Y�. Please take note that Eugene Frank Hofineister who currently resides at mailing address same as residence home phone # work phone # none , and who resided at N at the time of the occurrence and whose date of birth is . is claiming damages m $10,000.00+- M against City of Edmonds Washington in the sum of $ arising out of the following circumstances listed below. E R June 18, 2023 TIME: 5:45 PM 0 DATE OF OCCURRENCE: ,0 On the sidewalk on the east side of 5th Ave. S. 15D +- ft south of the south curb of Walnut St. E LOCATION OF OCCURRENCE: U DESCRIPTION: .. 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. r- See attached description 1. -three-page description pf accident. 2. Four pages, front and backl one single page Hospital and o rJoctorsm reports. 3. OacK anal whRe prints oT aCGI en s1te. O (attach an extra sheet for additional information, if needed) N A E 4- 0 2. Provide a list of witnesses, if applicable, to the occurrence includinq names, addresses, and phone numbers. _ Leeann and Daniel Wood, Dau hter and Son in Law) Y c 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 #: Form Revised 04/09/2021 Yes X No * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY * * Page I 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 underpenalty of perjury under the laws of the state of Washington that the foregoing is true and corrert N • d Signature of Claimant ate and place (residential address, y ancounty) J E Or citd R L 0 Signature of Representative Date and place (residential address, city and county) E U Print Name of Representative Bar Number (if applicable) U c Please present the completed claim form to: City Clerk's Office City of Edmonds 11 Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. Form Revised 04/09/2021 Page 2 of 2 Packet Pg. 5 6.1.a 07/18/2023 Eugene Frank Hofineister June 18, 2023 accident report Page I of 3 On June 18, 2023 at 5:15 P.M. while walking north in the sidewalk on the east side of 51 Ave. south, approximately 120 feet south of Walnut St. in E Edmonds WA, I tripped on upraised side walk joint and fell on my face 0 causing a split in the end of my nose just above my upper lip, and a cut on E my left hand. Bystanders called the Fire Department for aid. The Fire Department assisted me in standing and immediate aid for my injury. The U Fire Department offered to take me to the Hospital, I declined and my daughter and her husband transported me to Swedish Hospital in Edmonds 0 WA, for treatment of my bloody nose and hand. The end of my nose split y and the cut on my left hand were sutured up to close the wounds. I was E discharged at approximately 9:30 P.M. with instructions to return in a week = to have the sutures removed. I return to the Hospital the following Sunday evening and after waiting 3 hours plus left to return home. I had the sutures removed by the Polyclinic offices at Northgate in Seattle WA on Monday - W morning. Packet Pg. 6 6.2 City Council Agenda Item Meeting Date: 08/15/2023 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 27, 2023 and August 9, 2023. Attachments: Public Comment August 15, 2023 Packet Pg. 7 6.2.a Edmonds City Council Public Comments —August 15, 2023 Submitted on: 7/31/2023 11:23:01 AM Name: Steve Peake City of Residence: Edmonds Agenda Topic: Expenditures/ new iniatives Comments: I'm getting concerned about where the mayor is taking the city. It seems we have a lot of new proposals and recent initiatives that would seem, in some cases to be somewhat questionable. It's not just the merit (or lack of merit) of the programs themselves that are of concern, but also the long term costs to maintain them. Highway 99 is being modified, that's a done deal but we also have a new part time city hall and a proposed park in the same general area. The satellite city hall was tried in Shoreline a few years ago and was a flop (limited hours, limited ability to act), I have no idea how the Edmonds version is working out but it would seem to be a bit dubious given how close the main city hall is. Then there is the preposed park is in an area where the homeless already congregate and panhandle That just doesn't sound like a good idea, maintenance, potential crime and the required patrol costs could be very high. Also, there was an idea, possibly a good one to buy the old oil terminal property. That is rare land and preserving it may well be worth the cost, but there are lot of things going on here and they all cost money. Next came the Greenways linking all the schools. Why? Who walks or bikes between the schools? To me, it sounds like a prescription for traffic and parking issues and and unneeded maintenance costs. Given how close the election is shouldn't decisions on important issues like these be held off until people have a chance to express their interests and concerns through the election process, as well as the usual procedures? Submitted on: 7/31/2023 11:02:13 PM Name: Barbara Steller City of Residence: Edmonds Agenda Topic: Comprehensive Plan Vision Statement Comments: Edmonds city officials have taken great care and diligence to develop a COMPREHENSIVE PLAN and their work must be applauded. However, it is essential that language about climate mitigation and adaptation be included in the vision statement because although there is a separate plan to address that, CLIMATE must be in the forefront of the Comprehensive Plan for a truly comprehensive VISION. The city hired a consultant firm to identify gaps in the Comprehensive Plan and identified two key takeaways - CLIMATE and EQUITY. It made recommendations to fill Comprehensive Plan gaps associated with climate change planning and equity for the City of Edmonds to consider, prioritize, and refine. It is well and good to state that the City "values" environmental stewardship, but it is crucially important to acknowledge the VISION and WORK necessary to become carbon neutral by 2050. Let's not lose sight of that. THANK YOU. Submitted on: 8/1/2023 4:56:15 PM Name: Joan Bloom City of Residence: Edmonds c a� E E 0 U U a. c m r Packet Pg. 8 6.2.a Edmonds City Council Public Comments —August 15, 2023 Agenda Topic: 8.1 Public Hearing on Draft Community Vision Statement for the Comprehensive Plan Comments: Council, Following are my public comments for agenda item 8.1 Public Hearing on Draft Community Vision Statement for the Comprehensive Plan Staff presented draft Community Vision Statement: "Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged residents who take pride in shaping our resilient future." My proposed Community Vision Statement: "Edmonds strives to be a welcoming city that offers our residents opportunities to improve their quality of life. We value stewardship of our environmental assets, vibrant and diverse neighborhoods, a thriving arts scene, and streets that are safe for all, including pedestrians, bicyclists and those with mobility challenges. We are engaged residents who embrace our open access to the natural resources of Puget Sound and take pride in shaping our climate resilient future." Rationale First sentence: "Edmonds strives to be a welcoming city that offers our residents opportunities to E improve their quality of life. Edmonds government does not, and CAN not provide "outstanding quality U of life for all." The statement is both untrue and arrogant. The most any city's government can provide 2 are opportunities for residents to improve their quality of life, based on their own definition of "quality 3 IL of life." Saying "Edmonds is a welcoming city" is aspirational, not actual. The addition of "strives to be" turns this into a more realistic, and thus more honest, statement. Second sentence: We value r L stewardship of our environmental assets, vibrant and diverse neighborhoods, a thriving arts scene, and streets that are safe for all, including pedestrians, bicyclists and those with mobility challenges. The definition of healthy streets is vague, at best. Therefore, healthy should be eliminated. Safe o N streets" can be easily clarified, as in my sentence above. Third sentence: We are engaged residents who embrace our open access to the natural resources of Puget Sound and take pride in shaping our climate resilient future." The natural resources of Puget Sound must be included in this Vision Statement, given its demonstrated importance to our community. "Resilient future" has no discernible meaning. The meaning of "Our climate resilient future" is clear. Thank you for your consideration of my input. Respectfully, Joan Bloom Former Edmonds Councilmember Submitted on: 8/2/2023 6:03:07 AM Name: Ken Reidy City of Residence: Edmonds Agenda Topic: Public Hearing for Vision Statement Comments: There were two possible outcomes during the April 25, 2023 City Council Meeting (Meeting), neither of which involved simply continuing to contract with Lighthouse Law Group. At the 1:31:14 mark of the Meeting, CM Jenna Nand stated she was also in favor of bypassing an RFP and retaining our contract with Lighthouse. Nobody requested a Point of Order and the Meeting Manager failed to inform CM Nand that the motion on the floor was not a referendum on any particular attorney firm. At the 1:33:45 mark of the Meeting, while CM Diane Buckshnis was discussing citizen trust in Lighthouse, CM Dave Teitzel made a point of Order and stated: "The Motion on the floor tonight is not a referendum on any particular attorney firm, it is simply does Council want to continue contracting "A" or hiring in-house attorneys "B". Why do things like this happen during Council Meetings? Is it really that Packet Pg. 9 6.2.a Edmonds City Council Public Comments — August 15, 2023 hard to do simple things, right? This specific agenda item was something City Council knew about and had planned for, for over three months. CM Nand was allowed to speak positively about Lighthouse but CM Buckshnis was quickly shut down when she brought up citizen trust in Lighthouse. After the 1:37:00 mark of the Meeting, CM Susan Paine amended the Main Motion: "I'd like to amend the Motion to go ahead and continue with the contracting with Lighthouse effective tonight." Again, nobody requested a Point of Order and the Meeting Manager failed to inform CM Paine that the Motion on the floor was not a referendum on any particular attorney firm. The amendment was not germane to the Main Motion. It was a brand-new Main Motion to do something that was not on the Council's Agenda. Just before the 1:44:00 mark of the Meeting, CM Nand started making comments about not falling prey to a very vocal minority that has issues with our City Attorney and claimed that 99.99% of the people in Edmonds don't have a problem with Lighthouse or the services they are providing. Nobody made a Point of Order about her falling prey comments or her claim about 99.99% of the people in Edmonds. The proposed Vision Statement claims Edmonds is a welcoming City. Council voting under the influence of the falling prey comments show that to not be true. Please remove the false claim that Edmonds is a welcoming City from the Vision Statement. c a� E E 0 U 2 a c m r Packet Pg. 10 6.3 City Council Agenda Item Meeting Date: 08/15/2023 Edmonds Underwater Park Steward's 2022-23 Status Report Staff Lead: Council Department: City Council Preparer: Beckie Peterson Background/History The Edmonds Underwater Park Stewards are volunteers who have made valued contributions to maintenance and improvements to the park. The stewards support the City of Edmonds and dive community's values: safety, security, maintenance, and improvements. Recommendation Report attached for information. Narrative Edmonds Underwater Park Steward's 2022-23 Status Report was emailed to councilmembers and city staff in July. (attached) This report was discussed by the Parks and Public Works Committee on August 8, 2023. Attachments: Park Status Report 202307 EdmondsUWPark Packet Pg. 11 Summer 2023 6.3.a Edmonds Underwater Park Steward's 2022/2023 Status Report Bruce Higgins During our tenure as stewardship supporters we have strived to inspire the scuba community to continue contributing with their efforts to leave the Edmonds Underwater Park in better shape than they found it. Our effort has been dive after dive - year round - supporting the cause for a safe place to recreate that has healthy and diverse marine life. We dive and keep diving to support the Park and the City of Edmonds. We are not after funding or stability but having a resilient Park that adapts to the times. Our expectation has been to remain on the City's radar so that as a destination and regional park we have value to the donors who contribute to our volunteer efforts. Our tiered shared values approach for donating our cooperation with the City of Edmonds has been: Safety — Security — Maintenance — Improvements As a volunteer stewardship group that hosts about 100 routine work dives annually on every Sat and Sun at 9 AM at the Edmonds Underwater Park. This effort amounts to over 1,500 hours annually contributed volunteer time by about 15 different individuals. Some divers complete dives during the week as conditions permit. Refer to a Park map (one of which is posted at the Park or the one provided the Park's Director) for the detailed locations mentioned. {appended to some forwarded copies with this report} Safety Trails 2022 - Added draft blocks and line to extend Shell Creek trail east in an effort to mark the northeast end of the Cautionary Zone to keep Kayakers and Boaters out for the Park. The Park has a rule about no watercraft in the Park but individuals coming from the north have a difficult time understanding the scale of the Park. We then added a new buoy to mark the location. 2023 - Repaired a number of trails east most extent as the wind storm in early November had dislodged some loose ends specifically on DeLion Way and Enhancement Way. The line was re -secured and trails cleaned up. 2023 - Repaired trail intersection of Happy Trails and Rocky Road where a second log we moored there dragged the anchor for the marking buoy south due to a north wind event. 2023 - The steel piling south in the Park which was struck during Ferry Terminal Repairs in February 2022 broke off a section after the damage. We removed this broken piece as the remaining piling indicates DeLion Way's shore end. The broken piece was repurposed. Having trails to assist diver navigation to and from Park features has been an important asset to keep divers well north and away from the ferry terminal. The trails direct users to arrive close to Park features not directly to the feature. Trails are concrete blocks connected by multiple ropes in a nominal magnetic north -south and east -west grid system. Edmonds Underwater Park 2021/2022 Status Report pg. 1 Packet Pg. 12 Summer 2023 6.3.a Buoys 2022 - Placed new buoys along the center line of the DeLion Dry Dock to discourage kayakers from boating into the Park from the south. This has had marginal success with kayakers still wandering under the ferry terminal into the Underwater Park. 2023 - Replaced lost buoy from Cathedral / Glacier intersection due to storm loss. 2023 - Replaced lost buoy from Cathedral / Happy Trails intersection due to storm loss. Lost buoys on the Cautionary zone and to the north along Shell Creek are pending nicer weather due to the distance. By having buoys to isolate divers from boaters as well as provide surface reference to the trail system intersections aids in the diver experience. The buoys can provide a place to rest both prior to submerging or on returning to the surface. Buoys also provide current direction evidence so divers can plan for the surface current which could lead them toward the ferry. The two surface current indicating buoys have a bright orange tail. A floating log along Happy Trails also indicates the current direction. The near shore buoys let divers know where the trails begin to minimize eel grass impact by focusing user impact into a smaller area. The buoys help exclude poachers who wander into the Park. The Park is a no harvest marine protected area in the State regulations but this is tempting to harvesters. Signage. 2022 Nov - We meet with Jenn Leach about new signage for Brackett's Landing North for updating the existing signs at the bath house area. The existing signs are over 20 years old and need more than cleaning. 2022 - Posted example permits required to kayak in the Underwater Park to reinforce the rules. 2023 - Posted the page of the No -Harvest rules for the Edmonds Shoreline from WDFW's rules (page 122) to reinforce that there is no harvest in the Underwater Park. Assisted Jenn Leach with relocating the Underwater Park Map to the bathhouse's north side as part of the signage upgrades about dog and watercraft in the Underwater Park. Having signage both on the surface and underwater including elevated intersection markers and on -trail signs are passive guidance for divers. Visibility underwater can range from 3 feet to 30 feet which can make navigation challenge in the 27 acres. Some trails are distinctive but the bottom can get covered by kelp and/or algae obscuring the trails. Since 2015 this has been a bigger issue with extensive near shore sea lettuce growth. Security Poaching Fishing in the Park is typically near the ferry slip with the relaxation for the Coast Guard ferry boat escorts and along Caspers Way. Poaching from kayaks has been less frequent since Edmonds Underwater Park 2021/2022 Status Report pg. 2 Packet Pg. 13 Summer 2023 6.3.a there are fewer in the Park since we have been more vocal with kayak launches in the Park. We often find pole fisherman on the Park Jetty as the directions to the fishing pier are not clear. 2023- Low tide in May some non-native speakers were attempting to harvest clams north of the Jetty. They left but clearly had no idea of the health risks with consuming clams from the Underwater Park. Signage about shellfish poisoning has vanished from near the Park entry. Having the security component limits poaching as well as boaters causing user conflict issues with divers. The Park's protected nature allows the lingcod to mature to their 30 plus year life span and the rockfish to aim for their 70 plus year life span. Kayaks still remain an issue. Invasive Tunicates 2022/23 - We continued our nominally monthly efforts for Didemnum and Ciona remission with dives at hot spots based on prior sightings. Didemnum has been mostly in remission since 2006 but this tunicate has been evident on the ferry terminal piles and also in the Port of Edmonds so expecting anything other than remission is beyond our effort. Didemnum has been more obvious during late 2021 and 2022 than in prior years. Jan 2023 - Ciona which seems to be active in the late fall and over winter commonly. In the Park this tunicate was very active on the Lopez Pontoon's NE corner and along the west side. They seem to prefer the west most features which is the region we are paying the most attention to. We'll just keep monitoring invasive species and take action seasonally. Don't be fooled as this is a constant issue but unlike salmon and orca they don't have a loud voice. (Consult the State's invasive species web site for more background.) Boating entry Signage has not been forth coming about kayaks entering the Park from Olympic Beach. The kayaks want to short cut through the Park since going around the ferry means being offshore. This really is an education issue and outreach needs to extend to Kayak groups plus signage. Maintenance Feature Reaair 2022 — We have been cleaning / removing up some stray metal parts left behind from the decomposition from the Fossil — a wooden hull placed in 1982. We also were cleaning and removing stray metal from the Cupid — placed in 2004 near the Triumph — since it has decayed away. The ballast rock and concrete was repurposed to a nearby hull and the feature's few remaining parts are re -stacked. Also the Mesmerized placed in 2002 has had their ballast repurposed near by as well Our expectation is that the features are just subsiding into the sand over time after worm decomposition. We service what we can or repurpose the material. The wooden hulls have nominally vanished with only the Triumph having much wood left. Edmonds Underwater Park 2021/2022 Status Report pg. 3 Packet Pg. 14 Summer 2023 6.3.a Buoys 2023- We had issues with buoys on Bashful Way so reworked the buoys and plan on upgrading them to be similar to those on Erratic Way with blue drum buoys. Maintenance has changed over the years. We have also resorted to scant maintenance in the southern Park (south of Jetty Way) as to not attract divers toward the Ferry terminal. Trails Small trail identification floats along Jetty Way which are attached to the trail near the bottom to assist with finding the trail during limited visibility and algae overgrowth that has been more common the past 5 years. This process took many dives and seems to be well received making the trail unique. However this upgrade has required attention as the floats tend to overgrow with barnacles. 2022 - Added an additional block and line trail east from the Rocky Road / Shell Creek intersection to support an anchor for a buoy to define the Underwater Park's north east corner. We also have placed a temporary anchor there to secure the trail as we prepare a suitable anchor for a buoy. Improvements Continued Efforts From 2011 to present - Progress on Rocky Road's `rock wall' grew by 25 feet with cairns in 2022 and 2023 on foundation rocks. We have added cairns to the south on Rocky Road to connect in to Centennial Way. This has been second string to efforts farther south. 2023- Progress was made on "Steel Valley" — our connection between Jetty and Cathedral Way along Glacier Way's path. We created a large Cairn — "Tro's Seamount" in 2020 — about mid -way between the two trails for the rockfish and lingcod. This was expanded with now over 200,000# and over 75 feet long (north -south) parallel to the trail's east side to connect with Jetty Way. Damage during the November windstorm has been repaired. 2022 - Progress was made on the From -Shay Path's west end with a `trail head' along Telegraph Way north of Centennial. This provides a landmark for diver to turn on. This path will be cairns with no plans to provide a block and rope trail to guide divers. Temporary blocks were placed at 10 foot spacing with a tiny line to keep the course for the trail. 2023- A cairn with over 150,000# of rocks to the mid -point along Glacier Way between Cathedral and Centennial Ways - called Monster Island - has been getting attention with additional rocks. 2023- Near an obstacle course NW of Monster Island for diver training in buoyancy and navigation we added some fake kelp as marks for kick cycles to allow divers to understand their pace through the water. Edmonds Underwater Park 2021/2022 Status Report pg. 4 Packet Pg. 15 Summer 2023 I 6.3.a I * Observations: During the King Tide in January 2023 the parking lot for Brackett's Landing was flooded completely. The attention was at the Dayton / SR 104 intersection but there was significant water in the Bathhouse as well. This needs to be a reminder about projects hosted for the shoreline as we had a high tide of 15 feet per the NOAA Seattle Tide Station. The best news this was a calm day so no destructive waves to add to the damage. Kirby Johnson has been continuing his lingcod nesting counts with a dip in nests for the 2022/3 season. The 2022/3 season seemed to be about 40 males on about 45 nests but his survey volunteers has been reduced yet again this season due to Kirby's health issues and rougher conditions. The decline is having more sea lions and harbor seals in the Park. The lingcod nesting effort in the Park has been declining since about 2015 at a steady rate. Kirby had also been reporting quarterly on the starfish recovery submitting the data to a national database. This effort has been declining with fewer divers supporting these efforts. Kirby has a comment: I would like to plant a seed of an Audacious Idea for people to think about, a regional Marine Research Facility located at Edmonds. Before becoming a park and a protected area the east side of Puget Sound was sandy bottom; a long way from reef like structure. Since becoming a park, all kinds of artificial habitat has been added creating a variety of habitat that is being used by many species. The underwater park is a unique real world test tube. The park has everything, stuff that is right, (long time Marine Protected Area), and stuff that is wrong, (armored shoreline), three great interacting water basins that result in current interactions, and one, the Straits, which hammers the armored shore when storms come from the west. Many agencies come to mind that might be players in such a facility, some are already involved. The park is truly a gem, nothing quite like it anywhere else. Thanks for reading this. Respectfully, Kirby Johnson, (longtime volunteer) Donations on going - Support from Edmonds Underwater Sports has continued and has continued to be very generous. Data from a late/2nd Kelp survey in 2022 by the Snohomish County MRC showed the bull kelp bed was delayed in timing and close to the same size as the 2019 observations but very much thinner density which are way down. DNR is working on a Kelp and Eel grass project still in planning phases. Outreach The Emerald Seas Dive Club is hosting Seasonal Young of the Year rockfish surveys with the data going to NOAA via Adam Obaza. Reef Check — Washington has been hosting training dives again in 2023 at the Underwater Park which includes focus on kelp bed and reef related fish. Not sure if data is being recorded. Tro Ota has been organizing monthly `Dives Against Debris' in 2022-3 where we have highlighted bottle fields and as well as wooden hulls placed over 15 years ago which have decayed to just stray metal pieces. Litter amounting to over 2,500 pounds has been removed since the effort started in 2021. Edmonds Underwater Park 2021/2022 Status Report pg. 5 Packet Pg. 16 1 Summer 2023 6.3.a The Seattle Aquarium has been conducting quarterly rockfish surveys along Rocky Road since 2018 and is striving to have ROVs do some future efforts — maybe in the Underwater Park — time will tell. Pendina Efforts Buoy replacements for buoys stolen by the storms, tangling with logs, and old age (sinking). We are just following our four tiered priority efforts. Complete some intersection markers for the underwater trails which were unfinished due to a shortage in materials and donations. 09 July 2023 Bruce Higgins 233 NW 203rd St. Shoreline, WA 98177 Bruce. 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Attachments: 20230802 Special Meeting Packet Pg. 19 7.1.a EDMONDS CITY COUNCIL SPECIAL MEETING DRAFT MINUTES August 2, 2023 ELECTED OFFICIALS PRESENT Neil Tibbott, Mayor Pro Tern Vivian Olson, Council President Pro Tem Will Chen, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER STAFF PRESENT Jeff Taraday, City Attorney David Levitan, Planning Manager The special Edmonds City Council meeting was called to order at 6:20 p.m. by Mayor Pro Tern Tibbott in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. 2. EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION, RCW 42.30.110(1)(I) The Council then convened in executive session to discuss pending or potential litigation per RCW 42.30.110(1)(i) for approximately 30 minutes. The executive session concluded at 6:50 p.m. 3. RECONVENE IN OPEN SESSION The meeting reconvened at 6:52 p.m. 4. ADJOURNMENT With no further business, the Council meeting was adjourned at 6:52 p.m. Edmonds City Council Draft Minutes August 2, 2023 Page 1 Packet Pg. 20 7.2 City Council Agenda Item Meeting Date: 08/15/2023 Approval of Regular Meeting Minutes August 2, 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: 20230802 Regular Meeting Packet Pg. 21 7.2.a EDMONDS CITY COUNCIL SPECIAL MEETING DRAFT MINUTES August 2, 2023 ELECTED OFFICIALS PRESENT Neil Tibbott, Mayor Pro Tem Vivian Olson, Council President Pro Tem Will Chen, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember ELECTED OFFICIALS ABSENT Mike Nelson, Mayor 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Susan McLaughlin, Planning & Dev. Dir. Rose Haas, Planner Jeff Taraday, City Attorney Patricia Taraday, City Attorney's Office Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 7 p.m. by Mayor Pro Tem Tibbott 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 with the exception of Mayor Nelson. 4. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Mayor Pro Tem Tibbott described the procedures for audience comments. There were no public comments. Edmonds City Council Draft Minutes August 2, 2023 Page 1 Packet Pg. 22 7.2.a 6. RECEIVED FOR FILING 1. PARKS, RECREATION & HUMAN SERVICES DEPARTMENT - 2023 Q2 ACCOMPLISHMENTS 2. SALARY COMMISSION TERM ASSIGNMENTS 3. WRITTEN PUBLIC COMMENTS 7. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE CONSENT AGENDA. Councilmember Buckshnis requested Consent Agenda Item 7, AMD2023-0005 Revised Minor Code Amendment Package #2, be removed from the Consent Agenda and placed on the agenda as Council Business Item 9.3. Council President Pro Tern Olson requested Item 7.6, Approval of Marchis Property Settlement Agreement, be removed from the Consent Agenda and scheduled on a future agenda. Councilmember Teitzel requested AMD2023-0005 Revised Minor Code Amendment Package #2 be Council Business Item 9.1 and renumber the remaining items in consideration of staff who are present for that item. Council President Pro Tern Olson pointed out there are attorneys present for the other items who are also being compensated. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF SPECIAL MEETING MINUTES JULY 18, 2023 2. APPROVAL OF FIN COMMITTEE SPECIAL MEETING MINUTES JULY 20, 2023 3. APPROVAL OF SPECIAL MEETING MINUTES JULY 25, 2023 4. APPROVAL OF REGULAR MEETING MINUTES JULY 25, 2023 5. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT ITEMS REMOVED FROM CONSENT 6. APPROVAL OF MARCHIS PROPERTY SETTLEMENT AGREEMENT COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO MOVE THE MARCHIS PROPERTY SETTLEMENT AGREEMENT TO A FUTURE AGENDA. MOTION CARRIED UNANIMOUSLY. 8. PUBLIC HEARING 1. PUBLIC HEARING ON DRAFT COMMUNITY VISION STATEMENT FOR THE COMPREHENSIVE PLAN Mayor Pro Tem Tibbott commented this is a very important public hearing because the City is at a historic point where a comprehensive plan is being developed that addresses many of the issues discussed when the consultant contract was approved. The public hearing is an opportunity to hear from residents as well as hear from staff regarding the process and next steps. Planning & Development Director Susan McLaughlin commented she has been before council previously regarding this topic. Tonight's public hearing will be a deeper dive discussion about the vision process and Edmonds City Council Draft Minutes August 2, 2023 Page 2 Packet Pg. 23 7.2.a next steps as well as an opportunity to hear feedback from the public regarding the visioning process and the resultant draft community vision statement. She reviewed: Draft Vision Statement UMpNDS WMT W6 HFARP qy;-5tto(�� ��aH0Ac+1 11A ' 1ij ?+iw ABurFablY? 9Wr 016A 5TATEMENT •ta�a�a,M ��M,xe�m WEWkuE[-W M>r W N(+rL6Tr'M^�VaSHV, Yi14NIMO Mi6c116�x W4.aa�d wan+nrsncc�•A+onn•rwp5nmsxer.vr.4�c ew•w�wevoe1n waa nrE7kltMarrix[,wrtvf.Wrxaamrs� ` •uiw 4oyryry �••� �� V11:16a i' f' �xLa4W �Wr uW _ _2 ' MOy t, AABSs �,liywc SrnE ,SASE waN�duirr wu+u.Ess MaurM4tNE urr ne4yRwl� 1xry.1�4H /KP IkSrdLYxE mnvuxr,Ir IM[,QrpyIN4 ONFASifl rm E46tf{W. TP WklL T0.WWf d+uL.-raW arrmsPllE� Fog fNOM.E urAne Heimaas rNr RECYfRRUdG F195 uawuux+rre�r�/KM»P arsrxff w„wwewsc,«E arF7 o Created using the results of the 6-week visioning process o Encapsulates the approach and themes that were heard to formulate the draft community vision statement We developed branding - Summer 2022 o Comprehensive Plan Branding - Everyone's Edmonds ■ Inclusive engagement, broad engagement ■ Raise awareness about the plan ■ Branding everyone recognizes and feels approachable ■ Received a lot of positive feedback on the name and the branding ■ Branding translated into multiple languages ■ Created templates for flyers, posters, yard signs and PowerPoint presentations - Will serve the City well for the next two years We set an outreach goal - Summer 2022 o To receive 3,500 comments from the community ■ 8,500 comments were collected! (survey, in person, tabling and other events) We developed an outreach approach o Survey ■ Provided in Korean, simple Chinese, and Spanish ■ Qualitative (open-ended) and quantitative (multiple-choice) questions We launched a 6-week vision process o Talked to a lot of people in multiple formats and venues o We talked, we listened, we documented Yard signs Coffee Chats RAISEAWARENESS Panel discussion THEMED NEIGHBORHOOD CONVERSATIONS IN-DEPTH CONVERSATIONS ON KEY TOPICS \ -_•� / FROM SUBJECT MATTER EXPERTS Weekly articles . Walk & Talks HELP PUT WEEKLY THEMES INTO CONTEXT EXPLORE KEY TOPICS IN REAL WORLD SCENARIOS Online surveys Table at local events ALLOW INDIVIDUAL EXPRESSION MEETING PEOPLE WHERE THEY ARE Multi-lingual branding L PROCESS OF BUILDING TRUST We asked for feedback in different ways o For example, take a picture at your home and answer the question, "In 20 years, I envision an Edmonds that... [fill in the blank] ■ "In 20 years, I envision an Edmonds that ... our kids can afford to live in." The draft Community Vision Edmonds City Council Draft Minutes August 2, 2023 Page 3 Packet Pg. 24 7.2.a o From the 8,500 comments, staff worked with the consultant team cataloging and identifying common themes and commonly heard/written words and drafted a community vision statement that they thought was in complete alignment with that collective feedback. ■ "Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged residents who take pride in shaping our resilient future." o Some people may have used different words or said something in a different way. o The intent was to be true to people's direct comments at the meetings/gatherings, one-on-one conversations or snapshot taken at home. o Confident the draft community vision reflects the community as a whole. The vision drafting process o 8,500 comments were used to create a word cloud areas n� green N heautiful. W��y 1 a0 JY. n atu ra [,,,, 4ee o Draft Community Vision Statement o Feedback from surveys was drawn from six weekly themes ■ Identity ■ Quality of Life ■ Economic Growth ■ Environment ■ Culture ■ Livability & Land Use o Statement was developed based directly on commonly used words — very little editorializing to stay true to collective community feedback o Draft vision statement was vetted to make sure the terms used translated positively in other languages Development of Visioning Statement o "Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged residents who take pride in shaping our resilient future." ■ Many commenters described Edmonds as friendly and inviting, placing high value on the sense of community and neighborly relations. ■ Many stated need to be more inclusive and welcoming, recognizing Edmonds is becoming more culturally diverse Edmonds City Council Draft Minutes August 2, 2023 Page 4 Packet Pg. 25 7.2.a ■ This phrase balances the lived experience of a welcoming city and aspirational goal to become more inclusive ■ Commonly used words: community (259), diverse/diversity (205), culture (204, friendly (92, represented (92), welcome (60), quality (40), different (33), multi -cultural (29), respect (26), inclusive (25), opportunity (15), acceptance (12), acknowledge (8), kindness (7), tolerance (7) o "Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged residents who take pride in shaping our resilient future." ■ During six weeks of conversations, clear environmental stewardship is strong in Edmonds ■ Statement addresses the value of open space, tree canopy, water protection and natural beauty of Puget Sound ■ Commonly used words: Trees (408), environment (93), green (76), marsh (39), canopy (39), open space (30), streams (22), habitat (16), stewardship (5), wetlands (5) o "Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged residents who take pride in shaping our resilient future." ■ Trickier to say in a condensed way. A lot of uniqueness addressed by neighborhood including restaurants, local shops, walkability, access to waterfront, historic character, vibrance of downtown Edmonds, ■ More needs to be done in other neighborhoods to highlight their uniqueness ■ Statement reflects vibrancy and diversity - Edmonds is not just downtown, there are unique neighborhood centers with their own identities ■ Commonly used words: small town (211), walk/walkable/walkability (209), restaurants (147), art (138), building (135), neighborhood (86), charm (68), shops (68), vibrant (20, historic (18), commercial (16), village (11), entertainment (11) o "Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged residents who take pride in shaping our resilient future." ■ Key themes identified were issues with speeding, lack of sidewalks, disconnected bike infrastructure, need for traffic calming, desire for better pedestrian lighting ■ "Safe" reflects the desire for better designed transportation in infrastructure for all users which speaks to the Complete Streets policy, especially children ■ "Healthy" covers the desire to green the City's streets via landscaping and also healthy in terms of physical activity - active living by design - walking, biking and transit access ■ Commonly used words: street/road (181), safe/safety (163), sidewalk (156), parking (125), bike/bicycle/cycle (103), traffic (87), walkability (77), green (76), cars (54), transit (45), speed (44), pedestrian (40), bike lane (39), kids (35), pollution (31), transportation (27), slow (22), health (18), fast (15), lighting (14), crosswalk (13), traffic calming (8), stormwater (7), litter (6), fossil fuel (3) o "Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged residents who take pride in shaping our resilient future." ■ Recognizes vibrant arts community ■ Expressed desire for more diversity in the arts in Edmonds, particularly youth, indigenous people's involvement and access to art outside the bowl ■ Recognizes the value of Edmonds as a destination for arts, whether performance, culinary or physical ■ Commonly used words: restaurants/eateries (156), art/artist (138), music (24), creative (9), ECA (4), performance (4), art culture (4) Edmonds City Council Draft Minutes August 2, 2023 Page 5 Packet Pg. 26 7.2.a o "Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged residents who take pride in shaping our resilient future." ■ Acknowledges there are several threats to urban heritage, both natural and political ■ Speaks to ability to retain what is most important in the face of an uncertain future ■ Resilience of build environment most common, recovering from natural disasters, also in relation to economy, recovering from macroeconomic disruptions ■ Self -resilience of Edmonds residents to meet challenges at various life stages ■ Resilience from a social, environmental and economic perspective ■ Commonly used words: nature/natural (141), affordable/affordability (101), environment (93), climate (39), sea -level rise (33), expensive (26), sustainable (23), future (22), gas (20), historic (18), economy/economics (14), housing options (10), resilient (3), disaster (3), crisis (3) Next Steps o Tonight kicks off 30+ days of "Ask Us" Campaign to inform scoping of environmental impact statement (EIS) which is a requirement of the GMA o Scoping Outreach - Join Us ■ August 6 - Edmonds Community Fair ■ Wednesday Afternoons Popsicles in the Park - 4-5:30 pm - August 9 at Civic Park - Additional dates/locations to be included on website and distributed via email list and social media ■ Pop -Up Events throughout the City - Focused on neighborhood commercial centers throughout city - Starting August 17 at Five Corners - Additional dates/locations TBD ■ September 9 - Porchfest ■ More information to be posted on project website "Ask Us" Campaign may sound similar to last summer's efforts o It is different - Begins to drill into topics that will be studied in the EIS - Looks at alternatives to meet growth targets - How to meet growth targets - Where to put the density - If the City has to provide 9,000 housing units - how would you do it? Where should it go? What are the implications? What should be studied? - Answers will be documented and will inform EIS scoping of EIS Near Term Next Steps 1. Launch formal 30-day scoping period 2. Host numerous events and offers a variety of ways to engage 3. Develop growth alternatives to study in EIS 4. Launch Community Champions Advisory Committee 5. Briefings at planning board and city council Generalized Project Timeline Edmonds City Council Draft Minutes August 2, 2023 Page 6 Packet Pg. 27 7.2.a ASK US J . EN Comprehensive EM,e Plan Draft Mayor Pro Tem Tibbott opened the public hearing. Roger Pence, Edmonds, speaking as a former member and former chair of the planning board during the period when this vision statement was first developed, said he attended and participated in several of the outreach events that Ms. McLaughlin referenced. He anticipated a major event when the vision statement was unveiled on November 5 and was taken aback when the music at Porchfest was interrupted to unveil the 41 words with little substance. He had envisioned something less general and less vague and characterized it as a value statement, not a vision statement. Values can drive a vision, but they are not a substitute for a vision. The 41 word statement is too general and there is nothing that would prohibit an urbanist consultant from Seattle proposing a 7-story tower downtown to accommodate growth and development. There is nothing in the vision statement that states that is not the citizens' vision for the future. The other problem with the statement is the absence of ability to refine or develop a vision. It was presented as one and done with no ability or interest on the part of staff in incorporating additional input and criticism into revisions because the model that was used would require redoing the entire process. He opined that was not a good way to do community engagement; it should be a process of continual improvement, an iterative process where feedback and new ideas are incorporated until a final product is developed, not a one and done process. Marji Fields, Edmonds, thanked Ms. McLaughlin for the explanation and analysis which she found very helpful. She also thanked Ms. McLaughlin's staff for their hard work. The vision statement as presented may not be perfect, but she thought it was pretty good. Her main concern was the lack of reference to climate change, but she felt the residents have provided input and the City will fix that problem. A vision statement can't do everything, it only sets the stage for an action plan. Action plans make the difference and close attention needs to be paid to them. She recommended saving energy for those specifics rather than wordsmithing the vision statement. Mackey Guenther, Edmonds, founder and executive director of a new, emerging organization in Edmonds, Coalition for an Accessible and Resilient Edmonds (CARE). CARE's mission is to build a more sustainable, equitable and prosperous Edmonds, doing this from the ground up through grassroots advocacy, empowering a diverse set of resident voices, particularly resident voices that sometimes don't make it all the way to council chambers. This summer their email list has grown to over 150 residents and is growing quickly. Some of these voices have contacted the council expressing their appreciation for the working draft comprehensive plan vision statement. They know the council welcomes more resident voices at meetings and they look forward to bringing more to the council. Informed participation is the bedrock of democracy. To learn more about CARE's work, he invited the council to attend one of their upcoming citywide presentations. The next one is August 23 from 6 to 7 p.m. at the Edmonds Waterfront Center. Edmonds City Council Draft Minutes August 2, 2023 Page 7 Packet Pg. 28 7.2.a Joe Scordino, Edmonds, said the vision statement misses the mark. It is biased toward Edmonds looking like Lynnwood or Mountlake Terrace, not the community that actually exists. It needs to acknowledge Edmonds is a waterfront town, that the City wants to help in the recovery of Puget Sound and salmon, and that the City is a ferry town, something few entities in the U.S. can say and something that needs to be cherished as part of Edmonds. Edmonds has a fabulous marina and fishing opportunities; that is not acknowledged in the vision statement. Residents want Edmonds to have abundant trees and greenery and parks where everyone can enjoy the outdoors whether under trees or on beaches. Residents don't want traffic congestion from excessive housing or transients who trash the beautiful community. Residents want to preserve Edmonds and an Edmonds kind of day for their grandchildren. That is missing from the draft vision statement and it needs to be totally revamped. Jeremy Mitchell, Edmonds, said a lot of work went into the draft vision statement by staff and community input. Nothing is 100% correct all the time. In his prior work on vision statements, he recalled someone saying the vision statement needed to be able to fit on a t-shirt; not all the details will fit in one paragraph. Longer than that, those become subset values that can be expanded on and drive the comprehensive framework. If council is unsure due to the 51 %/49% split on validating the vision statement, the data could be run through a subcommittee to develop their own draft statements for validation. Chris Eck, Edmonds, agreed with Ms. Fields, a vision statement is intended to be short, as encompassing as possible, but that is difficult to do in something brief. The work will be in the details around the comprehensive plan itself and it will be important to continue checking in with the community on the detailed plan related to the vision statement. Spending too much time on the vision statement is not a good use of resources or focus when the actual plan will be the most important. Ron Eber relayed the staff report suggests limiting refinement of the vision statement because it might not reflect all the previous public involvement. He expressed concern that the current draft does not accurately or adequately addresses or capture that public sentiment. In looking at the raw data, the number one response to the question, "what do you like about living in Edmonds? was waterfront access; other responses include natural resources. Although this speaks to environmental stewardship, it is more than that. He referred to an email he sent to council and staff that suggested adding to the last sentence of the vision statement something like residents embrace open access and the natural resources of Puget Sound. That is an important aspect of Edmonds; the beach was packed with people during Monday's low tide. Access and ability to partake in the natural resources of Puget Sound is extremely important. The last sentence should also say Edmonds takes pride in shaping its climate resilient future. He understood staff sees resiliency as broader, but it will all come under responding to climate change and it needs to be mentioned somewhere in the vision statement. If the vision statement is supposed to be the foundation to guide the comprehensive plan update and the consultant has not yet developed a community engagement plan as called for in the contract, this is already being used before it is approved and staff is already putting out what they plan to do in the next 3-4 months and there is no community engagement plan. He urged the council to roll up its sleeves, not tinker with the vision statement too much as it may take too much time, but there needs to be something that everyone can embrace and feel comfortable with, either a vision statement or a value statement. He urged the council to review the comments he submitted about getting some mention and connection to Puget Sound and the waterfront. With no further public comment, Mayor Pro Tern Tibbott closed the public hearing. Councilmember Nand thanked Ms. McLaughlin, recognizing she and her department have been working very hard on this project for over a year. The council has gotten very robust feedback from the community, not 8,500 responses, but a couple dozen people with strong opinions either way about the vision statement have reached out. One group that commented brought up the phrase, the gem of the Puget Sound. After receiving emails, she goggled that phrase to see how it was associated with Edmonds. She asked staff to Edmonds City Council Draft Minutes August 2, 2023 Page 8 Packet Pg. 29 7.2.a explain the providence and use of that statement in the City's history and how it relates to the visioning statement. Ms. McLauglin, said the gem of the Puget Sound is not in the current draft vision statement so she could not speak to the history of that statement. Councilmember Nand said it has been used in publications related to Edmonds, but wondered it if had any official providence. Ms. McLauglin said she has also heard it colloquially but was unable to speak to the heritage use of the phrase. She did not disagree with the phrase and felt it was a great phrase but could not speak to it. Councilmember Nand thanked everyone who participate in public outreach and this public hearing. Some of the criticism the council received was this was a waste of time and resources, but she felt asking the community to weigh in on the draft vision statement is an important exercise in what we value and how we see ourselves. She recognized the Alliance for Citizens of Edmonds and Coalition for an Accessible and Resilient Edmonds for galvanizing their members to reach out to the City and provide feedback. Councilmember Chen expressed appreciation for Ms. McLaughlin and her team's hard work during the past year to develop this 41 word statement. The first sentence, Edmonds is a welcoming city, grabs his attention. If Edmonds is not currently welcoming, that is something the City strives to be. He referred to the phrase, safe and healthy streets, which establishes a framework of taking care of speeding problems and other issues happening on the streets, but he wondered if streets was the only thing and whether parks, and open spaces could be referenced. He suggested staff consider open spaces including streets and parks in that sentence to be more inclusive. He asked if all the people who work, play and visit Edmonds were residents or could other people be included. He suggested replacing resident with people to be more inclusive. Ms. McLaughlin said limiting it only to residents was not something that came from the feedback so that possibly could be changed. Council President Pro Tern Olson said packet page 217 of the draft vision refers to the desire to green our streets through landscaping and stormwater infiltration. She was open to the possibility that there might be infrastructure improvements as part of environmental stewardship. There is nothing in the feedback that talked about infiltration. Ms. McLaughlin said safe and health streets was under the theme of transportation. Commonly used words include green; when green is used to describe streets, it means landscaping, street trees, green factors within the streets. Stormwater is not explicitly mentioned in the safe and healthy streets phrase in the vision statement, but the desire to green streets through landscaping and stormwater improvements was a theme. Council President Pro Tern Olson said just because it is a planning term, looking up healthy streets leads to a website that talks about extensive infrastructure changes that go along with that. She did not want that to be prioritized in the comprehensive plan. It will certainly be a balancing act issue, but she did not want that to guide the comprehensive plan as a priority. She did not think that was in the input, she looked for it and did not see it. Ms. McLaughlin said health streets is a broad and encompassing explanation of active streets; healthy in the physical sense, providing bike and pedestrian opportunities as well as the green aspect of streets. Green is also in the environmental health of streets; safe and healthy does not come from stormwater, it was something that came up in the commonly used words. Council President Pro Tern Olson commented the other repetitive feedback that the council is hearing about is a vision statement versus a value statement, instead of using this as a vision statement, the council might choose to use a vision statement like the gem of the Puget Sound with value statements to back it up. Ms. McLauglin asked Council President Pro Tern Olson for clarification regarding gem of the Puget Sound. Council President Pro Tern Olson said that could be the vision statement and the values identified through the outreach process in the draft vision statement would be the more substantive values to back it up, to answer the question of what do you mean, gem of Puget Sound? More qualitative things than just being a Edmonds City Council Draft Minutes August 2, 2023 Page 9 Packet Pg. 30 7.2.a beach city. Ms. McLaughlin said she was dedicated to staying true to the feedback received through the 8,500 comments. There was a lot said about environment and specifically green, marsh, canopy, open space, streams, habitat, stewardship, wetlands. She agreed with Council President Pro Tern Olson that Gem of the Puget Sound was a cool phrase and one that she possibly could relate to. However, she was unsure that was true for the residents on Highway 99. She can only take what was learned via these commonly used words; Gem of the Puget Sound was not something people said during the outreach. Council President Pro Tern Olson summarized it was inclusive of all the things in the vision statement, especially when it is backed up with value statements consisting of the items in the draft vision statement to explain what it means to be a Gem of the Puget Sound. Work is being done on all the business districts; for example, the International District has the potential to be a total gem. It does not deviate from the inputs to categorize them as value statements to back up Gem of the Puget Sound as a vision statement. Council President Pro Tern Olson disagreed with staff s recommendation in the public hearing that there is no need to get approval. The inputs from the public hearing and other public processes should inform staff and staff could bring back the vision statement with whatever tweaks might be appropriate because somebody saw things in the data that are better represented the way they saw it than was in the original. That was the purpose of getting further feedback from the community. It could then go through the planning board who could forward a recommendation to council and council could ultimately approve or tweak the statement by the end of 2023. Depending on what other approaches are suggested, she may draft a resolution to that effect. Mayor Pro Tern Tibbott spoke to the public hearing process. The council will not take action on any part of the vision statement tonight. Following a public hearing, the council typically waits to take action and because this is a special meeting, the council is not allowed to take action unless it is on the agenda. The council will not take action tonight but is discussing ideas for moving forward with the visioning process. Mayor Pro Tern Tibbott asked staff to speak to what is unique about a vision statement that is a summary for a comprehensive plan versus a vision statement on a bumper sticker, letterhead, flag, etc. and how the vision statement would be used versus a statement on letterhead. Ms. McLaughlin answered the current comprehensive plan does not have a vision statement; it is not required by GMA and not something all cities do. She thought it would be a good kickoff exercise to gather feedback via a visioning process, to begin envisioning what people want for the future of Edmonds and let that shape the scope of work for the consultant contract which it ultimately did, followed by a more technical analysis. As many of the commenters said during the public hearing, the content of the comprehensive plan is what will ultimately matter and she needs to be mindful of the resources that go into the development of the content in order to adopt a comprehensive plan update by the end of 2024. The difference between a draft vision statement for the comprehensive plan is it is a starting point. Ms. McLaughlin explained she studied the development of a vision statement last year; part of it is the process, engaging people in the process so they feel ownership and stewardship over the statement and development of the comprehensive plan. The purpose of this vision statement will be to launch the comprehensive plan, to be a sounding board as more content on topics is developed. It doesn't mean if a word is missing it won't be studied, it absolutely will. For example, the waterfront, there is a huge scope of work for the Waterfront Plan and it is a key part of environmental stewardship. However, the feedback from the community was much broader than just the waterfront. She agreed the draft vision statement will frame the content of the comprehensive plan. The same work could be done without it, but without it, the 8,500 comments received through the 6-week process are not honored. If the vision statement is debated word by word, the purpose may be lost. Edmonds City Council Draft Minutes August 2, 2023 Page 10 Packet Pg. 31 7.2.a Ms. McLaughlin explained if the city council wanted to a create a vision statement for the City, it could cover much broader aspects such as fiscal resilience in the budgeting process, police, etc. This vision statement is part of the comprehensive plan that will take the City through the end of 2024. There will be many opportunities for council to ensure the process is pointing toward the north star and that everyone is moving in the same direction. The best place to do that is on individual topics. Councilmember Buckshnis thanked staff for answering many of her questions, commented Gem of the Puget Sound is a book by Ray Cloud which is in the current comprehensive plan which she hoped was being read to be updated rather than rewritten. She commented it sounded as though staff was trying to create copy and rewrite something that already exists. There are already pretty good sections on environmental sustainability, land use, etc. She wanted to ensure the intent was to update the comprehensive plan. Looking at other websites, their comprehensive plans have been updated and have not used visions statements. She expressed concern a lot of time and money had spent during the last year on visioning and ensuring it was inclusive, yet when she reads the source data, she did not see anything about healthy streets and did not see 8,500 140-word responses. She asked if all the source data had been provided, commenting by her count it was less than 5,000. Ms. McLaughlin advised the raw data is from the surveys. The handwritten comments at each of the community events have been tallied and they make up the rest of the 8,500. There are 7,900 in the survey tabulation and the remaining approximately 600 are handwritten comments on a clipboard based on conversations at outreach events. Councilmember Buckshnis said she hoped this same process would not continue with the comprehensive plan update. The council needs to have statistical surveys to have a better understanding. She asked how many surveys were submitted in different languages. Ms. McLaughlin offered to provide that information, recalling there were a few. As explained at previous council meetings, all the tools were provided but the City does not have an inclusive relationship with many populations that have previously not been engaged. It is about relationship building and the intent is to do a similar, very inclusive process moving forward in multiple languages and to encourage people to participate. Councilmember Buckshnis relayed her concern that it is very biased in some areas. For example, one person wrote walkability, welcoming and affordability and all that was recorded was walkability. She did not always equate what was said/written to what was recorded as the five areas. Ms. McLaughlin said she would need to review the example that was referenced in more detail. Every comment was accounted for; it may have been that it was cataloged in a different place that Councilmember Buckshnis did not see. Councilmember Buckshnis asked what she meant by cataloged in a different place that she did not see. Ms. McLaughlin answered there were themes such as livability, quality of life, etc. so it could have been cataloged in a different place. Councilmember Buckshnis said she continues to be concerned that the council, as policy makers, the planning board, the economic development commission (EDC), the DEI commission and youth commission are not part of the process. The City has many volunteers that help the council figure out what's going on, yet this vision statement came to council saying it can't be changed. The vision statement does not reflect what she read in the source data. She agreed it was a value statement, not a vision statement. She wanted to start working on updating the comprehensive plan and not continue to belabor the vision statement. Ms. McLaughlin said she completely agreed with Councilmember Buckshnis. Councilmember Buckshnis reiterated she did not agree with the vision statement or how it was created using the source data. Councilmember Teitzel observed staff s recommendation states the draft vision statement will not be finalized until the comprehensive plan is adopted sometime before December 31, 2024. That indicates it is still a draft and based on input received in the near future, it could potentially be modified. He asked if that was a fair statement. Ms. McLaughlin answered recognizing the level of interest and the need to dive into Edmonds City Council Draft Minutes August 2, 2023 Page 11 Packet Pg. 32 7.2.a the topics, adoption of the comprehensive plan is ultimately a council action so it wouldn't behoove to call it a final vision statement at this time. Councilmember Teitzel referred to the term, north star, commenting he viewed the vision statement as a north star to the comprehensive plan where the comprehensive plan components build up to this overarching vision statement. He was unsure how to proceed based on a draft statement that may change in a significant way. In terms of the vision statement itself, terminology matters. He has heard many terms in relation to streets including walkability, safe, complete, green streets, etc., but healthy streets is a new term . He referred to WSDOT's Complete Streets in a King County presentation in last week's packet, pointing out the definition of Complete Streets talks about walkability, safe bicycle lanes, safe for vehicles, parking, etc. In the 8,500 comments that were provided, there were numerous comments about a desire for those things so he could see the link to complete streets. However, healthy streets is a broader, more vague term. He suggested that adjective be changed to relate to complete streets which it appeared the respondents were referencing. Councilmember Teitzel referred to the public comment that resilient was a broad, ill-defined term in this context and suggested adding climate before resilient which he agreed would make it more direct and understandable. He requested staff consider his suggestions related to the wording. Councilmember Paine thanked Ms. McLaughlin for talking about the translations being culturally sensitive. That is very important in outreach to more diverse communities where English may not be their first language. She read from an email the council received related to what the City is striving for in 2044, Edmonds is a welcoming City offering outstanding quality of life for all. This must actually include all no matter their background, their income or their housing status. Valuing environmental stewardship, allowing housing to prevent sprawling exurbs and the destruction of wild lands, vibrant and diverse neighborhoods include people of all kinds and that are safe and healthy with more neighbors walking, rolling and playing and imagine how thriving our art scene would be if we had abundant homes artists could actually afford. The vision statement is aspirational and touches on a lot of things everyone values whether they were born in Edmonds or moved to Edmonds. These are the values and qualities of Edmonds life. She recognized the vision statement was a working draft until the comprehensive plan is approved at the end of 2024. Councilmember Paine expressed interest in a nudge toward climate adaptation, climate mitigation resiliency because that is the existential threat these days. Elements of the environment need to be recognized, for example sea level rise is a climate impact. Active transportation such as walking to bus stops, parks, etc.; ensure that is a good experience for everyone. It does not necessarily need to be a green street, but has a sidewalk and there aren't speeding vehicles that increase the decibel level and make it uncomfortable and oppressive to walk on such as on SR-104 or Highway 99. This comprehensive plan is looking 20 years out and needs to address things like this. The comprehensive plan will get updated every 10 years in the future. Planning & Development has been asked to add a lot to the comprehensive plan such as an economic development element, and appendixes like the climate action plan, PROS Plan, stormwater plan, etc. There is a lot of synchronizing that needs to happen and things that need to be included in the comprehensive plan and ensure it melds together. Councilmember Paine said she would be surprised if the draft vision statement changed much. She recognized and honored the commitment to hearing 8,500 separate voices from the community. That is small-d democracy, some people went to all the outreach events and their voices may have carried more weight, but 8,500 comments is a lot of content and needs to be recognized. She thanked Ms. McLaughlin for the explanations tonight and looked forward to what comes back to council. Councilmember Nand commented two councilmembers are fluent in non-English languages that are dominant in Edmonds; is she fluent in Spanish and Councilmember Chen is fluent in multiple dialects of Edmonds City Council Draft Minutes August 2, 2023 Page 12 Packet Pg. 33 7.2.a Chinese. She asked if it would be possible the next time the draft vision statement is brought to council to provide the translations in the packet as well. Ms. McLaughlin asked if her question was to have it translated into those other languages. Councilmember Nand answered the three dominant non-English languages that are identified. Word choice matters as does dialect. Ms. McLaughlin agreed which is why the consultant did that. Councilmember Nand asked to see the translation of the vision statement in those languages. Councilmember Nand suggested having clauses reworked with different options with the same substance because wordsmithing is what is provoking a lot of emotional responses from certain people who have commented quite passionately. Noting as a lawyer she wordsmiths for a living, she suggested an article may be needed between "offering" and "outstanding." Ms. McLaughlin answered she did not think so. Councilmember Nand suggested an alternative such as we value our natural environment or something like that versus we value environmental stewardship. In regard to the controversy over healthy streets, she suggested, a safe and healthy community in general to encompass open spaces, green spaces, shade equity and the walkability of the streets. With regard to the reference to residents, there are community members who work in Edmonds but do not live in Edmonds. She suggested, we are engaged community members who take pride in shaping our resilient future, instead of we are engaged residents. She looked forward to seeing the Spanish version of the vision statement. Council President Pro Tern Olson agreed with replacing residents with community members. This is the City of Edmonds' comprehensive plan and it should be shaped by the City of Edmonds people. Framing that as community members is slightly more inclusive to include workers, etc. which she did not object to. Councilmember Buckshnis asked if council will be able to select community champions as she suggested rather than having staff select them, recalling what happened with the PROS Plan. Ms. McLaughlin responded she was not part of the PROS Plan so could not speak to that. She was not prepared to speak to the community champions process at the moment and offered to speak to that at a later date. Councilmember Buckshnis relayed her hope that the council was involved with the selection. Mayor Pro Tern Tibbott summarized the council was interested in wordsmithing and adaptation could be beneficial and could possibly come back to council. Another possibility is letting this draft vision statement go the background and instead focus on values. He suggested the council may want to discuss that at a future meeting; a draft vision statement that was moldable and value statements help backdrop the community discussion. If the intent is to move forward with a vision statement, council is interested in what that implies related to next steps. Ms. McLaughlin said she preferred not to lose sight of the vision statement as the process progresses; there was a lot of feedback during the public hearing. To the comments that so much time has been spent on the vision statement this year, it has not been worked on since November 2022 because staff has been working on hiring consultants, developing the scope of work, etc. As some time will have passed when the public is reengaged, it will be valuable to have a bridge between the 6-weeks process, the resultant comments, the draft vision statement, and values that will start shaping housing distribution, transportation, etc. What Mayor Pro Tern Tibbott said regarding going from vision to values makes a lot of sense as work begins on the individual topics. She recommended keep sight of the vision statement and moving forward. 9. COUNCIL BUSINESS 1. AMD2023-0005 REVISED MINOR CODE AMENDMENT PACKAGE #2 Mayor Pro Tem Tibbott requested councilmembers identify amendments that should be removed followed by amendments that only needed minor tweaks. Edmonds City Council Draft Minutes August 2, 2023 Page 13 Packet Pg. 34 7.2.a Councilmember Buckshnis observed "residents" had been changed back to "citizens" in the code. She referred to an email she sent to City Attorney Jeff Taraday quoting RCW 35A.12.130 because last week both she and Councilmember Teitzel indicated they felt staff should be handling sections of the code rather than doing search and replace. RCW 35A.12.130 states no ordinance shall contain no more than one subject and that must be clearly expressed in its title. There are over 145 different chapters included in this code update which she assumed violated that RCW. Mr. Taraday disagreed, explaining the title of the ordinance reads, An ordinance of the City of Edmonds, Washington, Adopting Various Minor Updates to the Edmonds Cit Code and the Edmonds Community Development Code, None of Which Constitute Substantive Policy Changes. The subject of the ordinance is to adopt minor updates to the code that are non -substantive. If any councilmember feels any of the updates are substantive, they would not fit within that subject and there could be a possible conflict between subject and content. As long as everyone agrees these are non -substantive policy changes, which they need to be to take advantage of the minor code amendment process, the title of the ordinance conveys the subject of the ordinance. Councilmember Buckshnis commented all the chapters are taken out of context so she did not know whether the updates were substantive or not. Changing citizen to resident, that was a policy issue because for example someone donating to the marsh had to be a resident and the council wanted it expanded beyond resident. She felt that was a substantive issue because it defined how the City would receive money. Mr. Taraday responded for every section being amended, the section in its entirety is included in the attachment so there is context, not just a single sentence that is being revised. He clarified this is staff s best effort to comply with the minor code amendment process that the council adopted to try to streamline the code modernization process. If the council wants to do it differently or wants it handled via 20 different ordinances, the council can take action to direct staff to do that. In staff s opinion, this is the most expedient way to comply with the minor code amendment process and, in his opinion, it complies with the legal requirement to have only one subject in the title of the ordinance due to the way the subject is framed and the constitution and statute do allow the title of an ordinance to be framed in a way to encompass a broad subject. Councilmember Buckshnis said she may disagree on that because it does not always include every aspect of the code and some of the changes actually change the authority from the community service director to the planning and development director. The council needs to see the entire code, not just the section. For example, it jumps from 6.20.042 to 6.20.050 so the council does not see sections of the code that need to be updated. A change from the community service director to the planning and development director could be a significant policy change depending on the topic. Mr. Taraday clarified staff was not trying to cram anything down the council's throat; staff was trying to serve the council and the council's goal to modernize the code. If the council wants to do it differently, it can direct staff to do it differently. Councilmember Buckshnis summarized she was not pleased with how this came through. Councilmember Teitzel thanked Planner Rose Haas and Planning & Development Director Susan McLaughlin for their responses to him, commenting they were very helpful, helped clarify a lot of his questions, and reduced the number of changes he would make. He referred to packet page 64, Section 3.17.010 Historic Preservation Gift Fund, where citizens was changed to residents. Staffs response was to remove all those changes in their entirety, but this one remained. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REVISE THE WORD "RESIDENTS" TO "CITIZENS" IN SECTION 3.17.010 AS IT READ BEFORE. MOTION CARRIED UNANIMOUSLY. Councilmember Teitzel referred to packet page 72, Section 4.68.100 Construction in Right -of -Way, which states Notification of City Community Services Department, relaying most other references to Community Services Department had been changed in tonight's packet. He asked if staff planned to change that in the future or should it be changed as part of these amendments. Ms. Haas answered Attachment 2 includes an Edmonds City Council Draft Minutes August 2, 2023 Page 14 Packet Pg. 35 7.2.a explanation for the removal of community services director. Community services is a department and director that no longer exists; it was established in 1984 and the community service director was the administrative head of community services department which included the engineering division, public works, planning, and parks. It was repealed in 1999 under Ordinance 3279. Ordinance 3959 from 2014 further clarified divisions. Any instance of community services director will be changed to public works director. This is not assigning work to anyone, this is something that already occurred via ordinance and adopted into the code. Councilmember Teitzel commented Section 4.68.100 refers to an obsolete term, community services department, which was changed in other sections to either public works department or planning & development department. Ms. Haas answered community services department will be changed as part of the next minor amendment package in October. Councilmember Teitzel referred to packet page 140, Section 20.50.010(10) where citizens was changed to residents which staff agreed would not be done as part of this amendment package. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REVISE THE WORD "RESIDENTS" TO "CITIZENS" IN SECTION 20.50.010(10) AS IT READ BEFORE. Council President Pro Tem Olson asked why Councilmember Teitzel was proposing to have residents changed to citizens. Councilmember Teitzel answered staff revised last week's packet to remove all the changes from citizens to residents so they could be changed as part of a future amendment. Councilmember Nand asked what term will be used in the future amendment to identify people in the community. Ms. Haas answered it was clear at last week's meeting that council wanted something more nuanced in those instances so staff will work toward that. In some instances it may be a more major code amendment so staff will need to look at them more closely. Ms. McLaughlin commented where citizen only applies to a resident, citizen would be replaced with resident. The issue last week was in some instances the reference to citizens should have included other entities such as businesses, nonprofit organizations, etc. as well. Staff will be evaluating every reference to determine how to change it as well as evaluate whether it still qualifies as a minor code amendment. Councilmember Nand suggested community member could be a good catchall for business entities, nonprofit entities, and actual humans. Councilmember Paine did not support the motion as it related to a physical wireless community facility that was abandoned and located within the City so it definitely applied to a resident. She appreciated the discussion about resident versus citizens versus community member, agreeing that was a valid point of study. MOTION CARRIED (6-1), COUNCILMEMBER PAINE VOTING NO. Councilmember Teitzel referred to packet page 56, Section 81 which refers to a change in Section 20.50.010 and with the amendment that was just passed, there is no change to that section. He asked if the Section 81 reference should be removed. Mr. Taraday agreed it should be. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM OLSON, TO STRIKE THE REFERENCE TO SECTION 20.50.010 IN SECTION 81 ON PACKET PAGE 56. MOTION CARRIED UNANIMOUSLY. Council President Pro Tem Olson referred to item 5 on packet page 39 where there is a code reference that she confirmed with staff should actually be .040. She asked if that mattered. Mr. Taraday answered a typo in Attachment 2 is not an issue because Attachment 2 is a cheat sheet for the council. The actual ordinance Edmonds City Council Draft Minutes August 2, 2023 Page 15 Packet Pg. 36 7.2.a is Attachment 3; any errors in Attachment 3 should to be corrected. Staff confirmed the typo was not in ordinance in Attachment 3. Council President Pro Tern Olson thanked staff for the cheat sheet, finding it very helpful. Council President Pro Tern Olson referred to packet page 39 and requested item 13 be removed and handled in a different manner. The notes/context for that item state not consistent with outdoor dining code. She did not support removing the example and preferred additional changes be made to this code section (17.50.030.A) such as more specificity about the exclusions. Mr. Taraday advised that corresponds to Section 58 in the ordinance. Mayor Pro Tern Tibbott asked if a motion was required for amendments the council wanted to have removed from the package. Mr. Taraday answered it was cleaner if council takes action to remove the amendments as it provides clear direction. Ms. Haas answered the reason that amendment is included is because it is directly inconsistent with the outdoor dining standards in ECDC 17.75.010.E which explicitly states no additional parking stalls shall be required for outdoor dining usage. Council President Pro Tern Olson said it does not accomplish what is intended by putting clarity in the code. Taking out the example that is in conflict, it is still something that may come to mind. There needs to be more specificity about the exclusion of parking relative to outdoor dining. COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REMOVE ITEM 13 FROM ATTACHMENT 2. MOTION CARRIED UNANIMOUSLY. Council President Pro Tern Olson referred to page 39, item 5, commenting fees is a hyperlink in the proposed code change. It would be more clear for those who are less tech savvy to add at the end, "and can be accessed at the blue "fees" hyperlink." COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADD AT THE END OF THE PROPOSED CODE CHANGE FOR ITEM 5, "AND CAN BE ACCESSED AT THE BLUE "FEES" HYPERLINK." Councilmember Nand asked if the hyperlink is always blue when viewed with various browsers, recalling she has seen it not be blue. Ms. McLaughlin said she was not certain. Ms. Haas suggested not using the word blue. Councilmember Nand suggested referencing the hyperlink, commenting that was an important issue for ADA accessibility such as someone with a vision impairment. Council President Pro Tem Olson referred to packet page 86, Attachment 3, which references a hyperlink to 2023 Fees Associated with Development which is just informing the council that that will be added, it is not actual text that will be included. Ms. Haas agreed, explaining that was a note to council as she was unable to include the hyperlink in the exhibit. Council President Pro Tem. Olson summarized the amendment incorporates the note. Council President Pro Tern Olson restated the motion: MODIFY ITEM 5 IN MINOR CODE AMENDMENTS PACKAGE 2 BY ADDING THE WORDS, "AND CAN BE ACCESSED AT THE "FEES" HYPERLINK." Councilmember Buckshnis asked if the amendment was necessary since page 86, the ordinance, states [hyperlink to 2023 Fees Associated with Development]. Ms. Haas reiterated that was a note for council because she was unable to provide a hyperlink in the exhibit. Councilmember Buckshnis pointed out the language [hyperlink to 2023 Fees Associated with Development] had already been added to the ordinance. Edmonds City Council Draft Minutes August 2, 2023 Page 16 Packet Pg. 37 7.2.a Ms. Haas explained the note was only to identify that "Fees" would be a hyperlink, but that the note [hyperlink to 2023 Fees Associated with Development] would not be included in the ordinance. Council President Pro Tem Olson said her intent was to have language similar to the note included in the ordinance. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE REVISED MINOR CODE AMENDMENT PACKAGE 2 AND THE ASSOCIATED ORDINANCE NO.4314. Council President Pro Tem Olson referred to item 30 on packet page 41 and the proposed amendment to change community services director to either the public works director or planning and development director. She questioned whether that was a minor code amendment because there would be a judgment call whether it would be the public works director or the planning & development director. Ms. Haas explained that is the result of an ordinance in 2014. Ms. McLaughlin explained the previous reference became obsolete and the 2014 ordinance essentially delegated responsibilities to different departments that are now relevant. Council President Pro Tem Olson reiterated it would be a judgment call related to which director would be appropriate. She preferred to pull this proposed amendment as it was not minor. Ms. McLaughlin answered there is no administrative judgment because the 2014 ordinance specified which department would doing what, however, the changes to the code were not made in 2014 and the proposed amendment makes those corrections to be consistent with the 2014 ordinance. Council President Pro Tem Olson asked if the 2014 ordinance was consulted as each amendment was made. Ms. Haas answered yes, she used the ordinance to determine the appropriate director. She referred to Section 2.10.050 which was adopted by ordinance in 2014, wherever references are made in the Edmonds City Code, the Edmonds Community Development Code or any ordinance of the city to the community development director; development services director was changed to planning & development director in the last package of amendments. Said reference shall hereafter be construed to mean planning & development director provided that those references are in Edmonds City Code Title 7, 9, 18 and 4.68 and 17.95 shall be construed to mean the public works director. That is what she used to make the amendments. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. Mayor Pro Tem Tibbott declared a brief recess. 2. CITY ATTORNEY CONTRACT 2024 Mayor Pro Tem Tibbott recalled the council went through an extensive process evaluating attorney services that included input from councilmembers, City staff and others. A proposed contract has been reviewed by Lighthouse Law Group, the council and outside counsel. Main Motion COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE CITY ATTORNEY CONTRACT. Amendment #1 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM OLSON, TO AMEND THE CONTRACT TO THREE YEARS RATHER THAN FIVE YEARS. Councilmember Buckshnis recognized the contract is a month -by -month contract, but never during her 13 years on council has the council terminated the city attorney contract or taken a vote of no confidence for any action an attorney has taken even though there may have been reason to. With a five-year contract, newly elected councilmembers are totally left out. A five-year contract would set a new precedent as there Edmonds City Council Draft Minutes August 2, 2023 Page 17 Packet Pg. 38 7.2.a had not been a five-year contract in the past. She preferred to stick with a three-year contract to avoid setting a precedent. Councilmember Teitzel referred to Section 8a which states the City may discharge Lighthouse at any time. Should something egregious happen, he was confident the city council would take that action if hypothetically it was necessary. He was not disturbed by the notion of a five-year contract, but could be persuaded that three years would be reasonable. He was comfortable with the notion that the city council could discharge Lighthouse at any time if anything warranted it. Councilmember Paine spoke against the motion, recalling the council went through nearly a yearlong review of the services provided by Lighthouse, a one-year contract and now this proposed five-year contract. Not having a five-year contract in the past was not an issue and with regard to incoming councilmembers, the contract allows for a mutual separation if necessary. Regarding the fact that there had not previously been a five-year contract, Council President Pro Tern Olson explained the previous contract also did not have a termination clause. City Attorney Jeff Taraday responded the language in the termination clause may have varied over the term Lighthouse has been retained by the City, but there has always been a way for the City to terminate the contract on relatively short notice. Council President Pro Tern Olson commented the city attorney is basically an employee of the City via a contracted relationship because it changes the reporting dynamic and gives council a little more objectivity to the city attorney position where they are not reliant on hire/fire by one person. In considering the reason the City contracts, a longer period of time makes more sense. She asked the council executive assistant to research what other cities do related to their city attorney terms; Lynnwood's contract is five years, Lake Stevens term is until terminated (signed in 2018), Issaquah contracted with a new provider two years ago and did a two-year contract term which makes sense since it is a new city attorney. Mukilteo's city attorney contract term is until terminated (signed in 2002). With that as background, a five year term is a conservative approach. She found the until terminated language very interesting. The council went through quite a process and she preferred not to divert council attention to the issue more often than warranted. Councilmember Nand spoke in favor of retaining the five year term because the hourly rates in the contract are quite favorable and the council has an obligation to negotiate a good deal for the taxpayers. She recognized the rates in five years, even with CPI increases, could be quite beneficial and if the City renegotiates the contract every 2-3 years, the price might increase. A longer contract benefits Lighthouse in that they have more stability in the relationship and knowledge of the hourly rate for legal services over the next five years benefits the City. She summarized a five year term is mutually beneficial to the City and Lighthouse. She was uncertain the City would ever get the incredible sweetheart deal of a flat rate but she preferred not to renegotiate the contract with Lighthouse every 2-3 years and if something egregious happened to the relationship, there was a termination clause in the contract. She reminded the council of the prosecutor RFP, only one attorney responded. Fortunately, the City was able to negotiate a fair rate, but the more often the rate is negotiated, the higher the likelihood that the rate will increase which is what happened when the Lighthouse contract became an hourly rate. With inflation and the fluctuations in the legal market, she supported the five-year contract. Councilmember Chen said he looked at the city attorney like a department director. The institutional knowledge is valuable to the City. The rates are favorable compared to the market for similar services. He was comfortable with a five-year contract. Councilmember Buckshnis said in the past the council held an executive session to discuss personnel issues. The council has never had an executive session to discuss this contract or the past or present. There are Edmonds City Council Draft Minutes August 2, 2023 Page 18 Packet Pg. 39 three new councilmembers who have no idea what happened in 2020, 2021 and 2022. It is unfortunate the contract is no longer a flat rate contract. She said an executive session is always needed for personnel issues and it is unfortunate an executive session was not held so the council could talk freely. Action on Amendment #1 COUNCILMEMBER BUCKSHNIS WITHDREW THE AMENDMENT WITH THE AGREEMENT OF THE SECOND. Councilmember Nand asked if Mr. Taraday was the negotiator representing Lighthouse. City Attorney Jeff Taraday answered he supposed he was. Councilmember Nand referred to Section 1.15, recalling she requested at the PSPHSP meeting that that section be deleted. Conducting a self -initiated performance review could be internally beneficial to Lighthouse, but she was unsure how candid the information would be and preferred the city council conduct its own annual or period performance review independent of Lighthouse's review. Mr. Taraday answered Lighthouse did not have strong feelings about whether Section 1.15 remained in the contract or not. It was not in the original draft; it was added to the contract at the suggestion of a councilmember. He thought it was a good idea to include in the scope of work, but whether it is included in the contract or not does not prevent Lighthouse from conducting a self -initiated performance review. Amendment #2 COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER PAINE, TO STRIKE SECTION 1.15. Councilmember Nand explained removing this section was not intended to prevent Lighthouse from soliciting internal feedback but to make it clear it would not supplant any attempt by the city council to review Lighthouse's performance. Amendment #2A COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE MOTION TO REVISE THE WORDING IN SECTION 1.15 AS FOLLOWS: ANNUAL REPORT TO CITY COUNCIL. ON AN ANNUAL BASIS LIGHTHOUSE SHALL PRESENT A REPORT TO CITY COUNCIL COVERING TOPICS REQUESTED BY THE CITY COUNCIL. Councilmember Teitzel explained Lighthouse has provided an annual report for many years; the contract as written does not include an annual report. Councilmember Buckshnis observed the amendment removed review by councilmembers in executive session. Due to things that have happened over the past 13 years, she felt it was important to council to discuss things that happen and that there should be an annual review. She did not support the amendment. Councilmember Nand said she was amenable to Councilmember Teitzel's amendment to retain that part of Section 1.15 as long as Lighthouse was amenable. Mr. Taraday said he had no problem with Councilmember Teitzel's amendment. Councilmember Teitzel restated the amendment: TO REVISE THE WORDING IN SECTION 1.15 TO READ AS FOLLOWS: "ANNUAL REPORT TO CITY COUNCIL. ON AN ANNUAL BASIS LIGHTHOUSE SHALL PRESENT A REPORT TO CITY COUNCIL COVERING TOPICS REQUESTED BY THE CITY COUNCIL" AND STRIKE THE REMAINDER OF THE SECTION. To Councilmember Buckshnis' concern, Councilmember Teitzel clarified the amendment does not mean the city council would not do an evaluation of Lighthouse on a regular basis. This only deletes the requirement in the contract for Lighthouse to do a self -initiated performance review. Edmonds City Council Draft Minutes August 2, 2023 Page 19 Packet Pg. 40 7.2.a Action on Amendment #2A AMENDMENT CARRIED UNANIMOUSLY. Action on Amendment #2 AMENDMENT CARRIED (6-1). Amendment #3 COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO REVISE SECTION 3B TO READ, ...(BUREAU OF LABOR STATISTICS TABLE FOR JUNE 20 3 2024 AND ADJUSTED RATE CALCULATIONS FOR 2024 IS ARE ATTACHED HERETO AS EXHIBIT A WHICH WILL BE UPDATED ANNUALLYINA UGUST FOR THE DURATION OF THIS CONTRACT►. Councilmember Teitzel commented it is important to attach the statistics that show the CPI data, but also how the statistics relate to how the rates are calculated which should be shown in Exhibit A for ease of the reader. Mr. Taraday commented the 2024 table is not available to be attached and won't be until July 2024. Councilmember Teitzel said the mid -year CPI data is typically not available from the Bureau of Labor Statistics until July. The intent is for that data to be added to the contract in Exhibit A in August, the month after the data is available, as well as calculations regarding how the rates were derived based on CPI changes. Mr. Taraday asked for clarification, in August 2024, a new Bureau of Labor Statistics table would be attached to the contract. Councilmember Teitzel answered yes, the table would show the CPI-U data for mid -year 2024 and that would continue for each year of the contract, requiring Exhibit A be updated annually because rates will change annually. Mayor Pro Tern Tibbott clarified the 2023 table has already been completed and will be attached to this contract and the amendment addresses the following year. Council President Pro Tern Olson said this discussion indicates the best approach might be to adopt the contract in concept and have it approved on a future consent agenda. Action on Amendment #3 AMENDMENT CARRIED UNANIMOUSLY. Councilmember Teitzel observed the remainder of the information shown on packet page 231 shows the base rates for 2023 and in 2024 and how the rates are calculated. He envisioned that data would be included in Exhibit A to show how rates are calculated based on CPI-U changes. He agreed with Council President Pro Tern Olson's suggestion to have the contract on a future consent agenda. He asked whether the data could be included in Exhibit A. Mr. Taraday did not object to moving the tables out of the contract and into Exhibit A. His concern was with blending one exhibit, printed from a government website, with another exhibit which is something that will be created. He suggested having the tables in an Exhibit B. Councilmember Teitzel agreed with having an Exhibit B to show what is in the table based on the CPI-U data in Exhibit A. Amendment #4 COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO ASK MR. TARADAY TO REMOVE ALL THE DATA SHOWN IN THE TABLE AT PAGE 231 OF THE PACKET REGARDING THE ACTUAL RATES CHARGED BY HOUR AND HOW THOSE RATES ARE DERIVED AND MOVE THAT INFORMATION TO AN EXHIBIT B. Councilmember Paine observed the table is the starting point for Lighthouse's salary structure starting in 2024. She preferred to keep the data regarding the starting point in the contract and annual changes based on the calculations would be attachments. She wanted to keep the starting point in the contract as a base Edmonds City Council Draft Minutes August 2, 2023 Page 20 Packet Pg. 41 7.2.a reference point. She asked if that was why it was included in the contract. Mr. Taraday answered it was included because it did not occur to him to put things in exhibits and he wanted it to be very clear how rates would be calculated going forward. He did not have strong feelings whether the content was shown in the body of the contract or in an exhibit as long as the content was clear. Councilmember Paine reiterated her preference to keep it in the body of the contract. Councilmember Nand said although she appreciated the point Councilmember Teitzel was making, she also liked having the hourly rate in the contract itself. That information is an integral part of the contract and information in exhibits tends to be overlooked. She could see attaching the CPI-U information as an exhibit, but preferred the base rate to remain within the body of the contract. Councilmember Teitzel said he believed it was confusing to have the 2023 rates on page 231 and then the 2024 CPI-U and the 2024 rates. What is relevant is the rates the City will pay in the years the contract is applicable to. He preferred the contract include only the 2024 rates and how the rates are derived could be included in Exhibit B. Councilmember Nand asked if Councilmember Teitzel's concern could be addressed via an annual amendment to the contract reflecting the updated rates. Councilmember Teitzel said he envisioned Lighthouse providing a revised Exhibit A and B each year because the numbers will change annually and council could either accept or reject them. Councilmember Nand observed the rate that is negotiated is a material term. If that is reconfirmed annually, the contract is basically being renegotiated with Lighthouse every year which negates the point of a five year term. Mr. Taraday said Councilmember Teitzel's most recent comments differ from the amendment. He concurred with Councilmember Nand's point; the concept was to have a self -effectuating rate adjustment tied to CPI so it is not renegotiated on an annual basis. If the council wants to renegotiate the rates on an annual basis, that is a different motion and he would have to present that to his team. That is more like a one-year contract than a five-year contract term if there is no agreement on the rate beyond one year. Councilmember Teitzel explained the council has approved a CPI-U increase on a rolling three year average; however, the rates in 2024 are known due to the CPI-U rates in the table, but the rates in 2025 are unknown. Therefore Exhibit A and B would need to be updated annually. Council has already approved the concept of the CPI-U increase so this may simply be a consent filing rather than a formal debate and approval. He reiterated the 2025 rates are unknown and they will need to be adjusted in the exhibits when the data is available. Mr. Taraday responded neither the City nor Lighthouse know what the rate will be in 2025 but both are agreeing to a formula that would establish the rate in 2025. It was never his thought that they would have council action on an annual basis with respect to the rates, just that the parties agree to a formula which is essentially saying they agree to keep their purchasing power tied to inflation. Councilmember Teitzel said his concern is there needs to be a document showing what Lighthouse's rates are. The only way to do that is by updating contract exhibits A and B something he foresaw as an administrative task. The contract clearly states the metric that will be used to adjust the rates on an annual basis, Lighthouse would confer with finance to provide the next year's rates based on CIP-U for budgeting purposes. He had not envisioned any council action would be necessary, only that the rates would be administratively adjusted pursuant to an agreed upon formula. Councilmember Nand said she understood Councilmember Teitzel's point about having certainty regarding the hourly rate because the council has an obligation to the taxpayers to understand how funds are spent when consuming services from a vendor. She asked if Lighthouse would be comfortable with removing the Edmonds City Council Draft Minutes August 2, 2023 Page 21 Packet Pg. 42 7.2.a CIP-based adjustment and applying a static formula that is more easily calculated over a five-year period. Mr. Taraday said if the council had asked that two years ago when there had been several years of 2% inflation, he would have said yes. Given the current economic turmoil, it would depend on the static formula but he would be reluctant. Unless the city council wanted their purchasing power to erode over time, which he did not think was what the city council wanted and he assumed the city council wanted to compensate Lighthouse fairly. As the price of goods increases, if the money they earn via fees does not increase proportionately, they are basically making less money. He did not think that was what the council was asking Lighthouse to agree to and if the intent was not to erode their purchasing power over time, agreeing to an increase based on CPI is the right and fair thing to do. Mr. Taraday continued, it is not like the council would be in the dark regarding their rates; they will continue to provide invoices to the council's legislative assistant as they do now and at any time that process changed, the council could simply ask for the current Lighthouse rates. The council approves Lighthouses invoices on the consent agenda and there are no secrets about what Lighthouse is being paid. If it becomes a problem at some point, for example if CPI goes crazy and the council feels they cannot afford Lighthouse, they can terminate the contract at any time for any reason. Councilmember Nand said she was one of the councilmembers who spoke in favor of a five-year term as it gives a measure of comfort to Lighthouse that the City will continue to purchase their services. The City is also seeking a level of comfort and predictability related to legal costs. She did not think substituting a static formula for the annual increase would be too much to ask in return for a five-year term. Mr. Taraday responded it would depend on the static term. The reason for proposing the three-year rolling average was to provide stability and predictability to avoid crazy year-to-year spikes in the CPI. He said Lighthouse would probably be open to a four-year rolling average if that provided greater predictability for the City. If the increase was 6% and inflation next year is 2%, the City will feel they are getting ripped off, if the increase is 6% and inflation is 10%, he will feel like he's getting ripped off and he was sure neither wanted to feel that way. Councilmember Paine envisioned the information could be provided in Lighthouse's annual report sometime in August which would be adequate for budget preparation. Mr. Taraday had no objection to that although historically their annual report has been earlier in the year. Their annual report could be moved to July or August so that information could be provided. Councilmember Paine liked the idea of a three-year rolling average. She did not support the amendment. Councilmember Teitzel said he feels strongly that information about what the City is paying for legal services needs to be included in the contract as well as showing how the rates are derived. The issue may be how that information is provided. The council has already approved the rolling three-year CPI adjustment so that is not being renegotiated at this point. The rates in 2025 and future years are unknown until the CPI-U data is available. It behooves the city council and citizens to have that data in the contract. He suggested accepting that as an administrative change on a received for filing basis; council does not take action, but the exhibits are updated to reflect the rates and how the numbers are derived. Councilmember Teitzel restated the amendment MOVE THE TABLE FROM THE BUREAU OF LABOR STATISTICS SHOWING THE CPI DATA FOR JUNE OF THE PRIOR YEAR INTO EXHIBIT A AND MOVE INTO EXHIBIT B ALL THE DATA SHOWN IN THE MIDDLE OF THE PAGE BEGINNING WITH "HENCE" AND ENDING WITH THE TABLE SHOWING THE INDIVIDUAL ATTORNEY RATES BASED ON THE CPI-U ADJUSTMENTS. Action on Amendment #4 Edmonds City Council Draft Minutes August 2, 2023 Page 22 Packet Pg. 43 7.2.a MOTION FAILED (2-4-1), COUNCILMEMBER TEITZEL AND COUNCIL PRESIDENT PRO TEM OLSON VOTING YES; COUNCILMEMBERS CHEN, PAINE, AND NAND AND MAYOR PRO TEM TIBBOTT VOTING NO; COUNCILMEMBER BUCKSHNIS ABSTAINING. Amendment #5 COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO BRING THE CITY ATTORNEY CONTRACT TO THE CONSENT AGENDA RATHER THAN FINAL APPROVAL TONIGHT SO THE COUNCIL CAN SEE ALL THE REVISIONS MADE BY THE AMENDMENTS. MOTION CARRIED UNANIMOUSLY. Amendment #6 COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CAP THE UPWARD ADJUSTMENT OVER A FIVE YEAR PERIOD BASED ON THE THREE- YEAR ROLLING AVERAGE OF THE CPI-U AND TO NEGOTIATE THAT AS A TERM WITH LIGHTHOUSE BEFORE FINALIZING THE CONTRACT. Councilmember Nand understood Councilmember Teitzel's point that the adjustment based on CPI-U injects a level of unpredictability that could otherwise be unfavorable to the City or to Lighthouse. If the City agrees to a five-year term, she wanted to have a level of certainty regarding how much the City could be charged in five years, assuming the relationship is successful, and the contract is renegotiated. Councilmember Teitzel did not support the amendment because council previous approved the adjustment based on a rolling three-year CPI-U average and this is basically renegotiating that. Councilmember Buckshnis said instituting a cap is a really interesting concept. The reason the City did an RFP in 2010 was because Ogden Murphy was charging the City a ridiculous amount per hour. The council never held an executive session to discuss personnel issues and it is important to take care of taxpayers' money. Councilmember Chen referred to Mr. Taraday's point of being fair to both the City and the attorney who is providing the services. Placing an arbitrary cap would either be favorable to the City and the attorney feels they are getting the short end of the stick or the vice versa. He did not support the amendment. Action on Amendment #6 MOTION FAILED (2-5), COUNCILMEMBERS BUCKSHNIS AND NAND VOTING YES; COUNCILMEMBERS TEITZEL, CHEN, AND PAINE, MAYOR PRO TEM TIBBOTT AND COUNCIL PRESIDENT PRO TEM OLSON VOTING NO. 3. ORDINANCE ADOPTING NEW SHOPPING CART REGULATIONS Patricia Taraday, Lighthouse Law Group, explained she was asked by Mayor Nelson to prepare this ordinance for council input and deliberation. The draft ordinance contains several blanks and the whereas clauses have not yet been drafted. She provided an overview of the ordinance: the goal of the ordinance is to reduce the accumulation of shopping carts in the City in both public and private spaces. It does so by requiring large retailers to implement one of two safety measures on their shopping carts, 1) an automatic braking system where the shopping cart brakes if removed from the premises, or 2) installation of a pole so the shopping cart cannot be taken out of the store. The ordinance also includes a provision that allows for cost sharing. The cost of implementing these measures for large retailers will be borne by the retailer, but there will be benefits to the City and City residents who will have an enhanced quality of life not seeing shopping carts throughout the City as well as a reduction in City resources related to code enforcement if there are fewer shopping carts on private and public property. The ordinance includes a cost -sharing mechanism, but the percentage is left blank pending council input. Edmonds City Council Draft Minutes August 2, 2023 Page 23 Packet Pg. 44 7.2.a Ms. Taraday advised the ordinance exempts small businesses from the regulations due to the large financial burden to implement the safety measures as well as because they likely have fewer carts that impact the community. The ordinance also addresses the collection, return and disposal of carts by allowing the City to either on its own or by contracting with a third party, collect the abandoned shopping carts and return them to the retailer if the shopping cart has the required signage and if not, to dispose of them. The ordinance also contemplates the City would invoice the retailers for the service and the fee would be regulated by the city council per a separate fee resolution. The ordinance also contemplates an annual inspection to coincide with the business license annual renewal where large retailers would be required to contact the City for an inspection of the continued signage on carts and continued implementation of the safety measures. Council President Pro Tern Olson commented this subject is near and dear to her heart and to many councilmembers and residents. She was glad to have this regulation moving forward. Council has been asking for this for a long time and not getting a response; at a public meeting Councilmember Teitzel announced he and she were working on this and have spent a lot of time on it. She thanked a resident volunteer, Mary Dolan, Councilmember Teitzel, and Ms. Taraday for their hard work on this. She referred to 5.75.040 Signage, and the language, Each retail establishment, not exempt from this Chapter..., suggesting there did not need to be any exemptions from the signage requirement even if they are exempt from other requirement. When a cart is founds somewhere, the signage will identify where to return it. She asked how the penalty amounts were determined in 5.75.050. Council President Pro Tern Olson referred to Section 5.75.020.F. Lost, Stolen or Abandoned Shopping Cart, which includes four instances someone could be in possession of a shopping cart. She suggested that section address a good Samaritan who found a cart and was in the process of returning it. She agreed with the annual inspection provision. She recommended immediately passing an ordinance requiring signage on shopping carts. She wanted to ensure business stakeholders were involved which she assumed had not been done. Ms. Taraday agreed that had not happened. Council President Pro Tern Olson suggested getting input from businesses regarding this proposed approach. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND TO 10:15. MOTION CARRIED UNANIMOUSLY. Councilmember Paine agreed with outreach to the business community regarding the cost and the City's share. She noted the City also has a very stale littering ordinance that requires large retailers to only tidy the front of their building and needs to be updated. She was excited to see this ordinance and was interested in more data. She suggested the economic development commission may be an appropriate venue to gather input from the business community. Councilmember Nand thanked Ms. Taraday and Councilmember Teitzel and Council President Pro Tern Olson for their work on this. She emphasized businesses whose carts are stolen are the victim of a crime. She was not aware of any other paradigm where someone whose property is stolen is penalized for not taking back their property. She expressed concern about parts of ordinance that charge fees to businesses who provide carts to their customers and have the carts taken off their property without their permission. She will likely move to strike those provisions when this comes to the council in final form. Councilmember Nand referred to Section 5.75.020.F Lost, Stolen or Abandoned Property, and asked if this section would force law enforcement or public works into a conflict with removing carts from homeless people. Ms. Taraday answered that section does not envision that and the administrator of this ordinance would be proposed as public works, but there is no provision for regulating possession or theft of a shopping cart. There is a state statute that if the City was inclined to adopt those provisions, they would need to be included in this ordinance and then the City could implement regulations against a person who has stolen a shopping cart. Edmonds City Council Draft Minutes August 2, 2023 Page 24 Packet Pg. 45 7.2.a Mayor Pro Tem Tibbott observed Councilmember Nand had made two points, other councilmembers have comments to make and time is limited. Councilmember Nand said she has multiple concerns. Mayor Pro Tem Tibbott suggested she email her comments to the attorney. Councilmember Nand offered to wrap up her points very quickly. Councilmember Buckshnis raised a point of order, commenting there was no council procedure or rule limiting councilmembers to only two comments/questions. She suggested if Councilmember Nand had a lot of questions, she be allowed to ask them. Councilmember Nand said she would try to be expeditious in light of questions other councilmembers have. She suggested holding a public hearing where businesses impacted by this ordinance could provide input regarding 5.75.050 Security Measures. During a time many jurisdictions are concerned about food deserts and affordability of food, the City could be imposing a cost on bargain retailers such as WinCo who cannot afford a lot of the bells and whistles that PCC or QFC can implement. She expressed concern 5.75.070 Annual Inspection was potentially overreach. She reiterated businesses are the victims, recalling it was shocking when someone left a shopping cart in elderly parents' yard. Councilmember Teitzel thanked Ms. Taraday for drafting the ordinance, commenting everyone wants to see the City be presentable, clean and healthy. However, as Council President Pro Tem Olson said, he agreed with working with key stakeholders to share the ordinance with them and invite their input. In his research of this issue, he found Issaquah has a very similar ordinance, putting the burden almost exclusively on stores. Bellevue has a person on staff who takes calls about abandoned shopping carts and a contracted third party picks up the carts. That is a taxpayer funded program and the stores are not charged. Everett has a program through the police department where they accept calls about abandoned shopping carts and a volunteer crew picks up the carts. He suggested staff explore those and other approaches and meet with the stakeholders to explain residents are demanding the issue of abandoned shopping carts be addressed, and reach a mutual understanding regarding a solution. Councilmember Teitzel agreed with Council President Pro Tem Olson about adopting an ordinance requiring identification signs on each shopping cart. There is an RCW that makes shopping cart theft a misdemeanor, but it is not enforceable without a sign on the cart stating ownership. That would be a preliminary step toward a longer term plan. He suggested the ordinance be vetted by a council committee via a more informal, free -flowing discussion. Councilmember Chen thanked Ms. Taraday for drafting the ordinance, anticipating it will make the City a more pleasant place to live and work for everyone involved. However, he did not want this to be a revenue generating tool for the City and any fines or revenue generated should go toward increasing cost share described in Section 5.75.060 or other ways to reimburse retailers who are subject to these requirements. He agreed with the proposal to seek input from stakeholders, especially regarding Section 5.75.040 Signage. Customers of some retailers such as Ranch 99 speak a different language and might need assistance with signage and other requirements. He agreed with the requirement for an annual inspection; he did not see it as overreach and viewed it as an incentive. He thanked Councilmember Teitzel and Council President Pro Tem Olson for their work on this topic. Councilmember Buckshnis asked if the ordinance mirrors Issaquah's ordinance. Ms. Taraday answered it is similar, but Issaquah's ordinance requires retailers provide a plan to the city. Councilmember Buckshnis asked if Mayor Nelson had conferred with public works regarding staffing or how this would be implemented. Ms. Taraday said she was not certain that had happened. Councilmember Buckshnis agreed with Councilmember Teitzel's suggestion to have this discussed by council committee as it will have costly staffing and budgetary implications. Edmonds City Council Draft Minutes August 2, 2023 Page 25 Packet Pg. 46 7.2.a Council President Pro Tem Olson referred to the exemption related to square footage, recalling an approach that related to the number of shopping carts. Ms. Taraday answered the square footage approach was selected over the number of shopping carts because square footage would be easier for staff to make a determination regarding which businesses were exempt and the number of shopping carts per business could fluctuate versus the square footage of the establishment. In terms of ease of implementation and determining which businesses are exempt, she was looking at how staff would implement the regulations. Council President Pro Tem Olson thanked Ms. Taraday for that information, commenting the number of carts gets to the core of the issue better. Mayor Pro Tem Tibbott said he will work on next steps. He agreed with having it reviewed by council committee as well as engaging the EDC. 10. MAYOR'S COMMENTS 11. COUNCIL COMMENTS Councilmember Chen reported he enjoyed the great weather and said there are many City -sponsored events coming up including the community fair at Edmonds-Woodway High School on August 6. Councilmember Buckshnis reported she learned at Puget Sound Partnership Salmon Recovery Council about a new law, Healthy Environment for All Act (HEAL), RCW 70A.02 that passed in 2021 to reduce environmental and health disparities in Washington state. The act requires seven state agencies to incorporate environmental justice into agency decisions with a focus on identifying and prioritizing over- burdened communities and vulnerable populations in this work. She said this has been needed for a long time and likely needs to be included in GMA and comprehensive plan. Councilmember Paine reminded of the finance committee community forum on Saturday, August 5 at the Asian Community Center on Highway 99. Councilmember Teitzel commented the campaign season is an exciting time politically. The primary was yesterday and election results are coming in. He complimented the four mayoral candidates for good, professional, well done campaigns. Councilmember Nand reported she introduced the summer Concert in the Park, Duende Libre Quartet, on Sunday, a free concert presented by the Edmonds Arts Commission. St. John and the Revelations will be at Hazel Miller Plaza tomorrow. Concerts are held every Sunday at City Park and every Tuesday and Thursday at Hazel Miller Plaza. 12. ADJOURN With no further business, the Council meeting was adjourned at 10:14 p.m. Edmonds City Council Draft Minutes August 2, 2023 Page 26 Packet Pg. 47 7.3 City Council Agenda Item Meeting Date: 08/15/2023 Approval of Council Committee Meeting Minutes August 8, 2023 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Committee Meeting minutes as part of the Consent Agenda. Narrative The Council Committee meeting minutes are attached. Attachments: 20230808 PSPHSP Committee 20230808 Finance Committee 20230808 PPW Committee Packet Pg. 48 7.3.a PUBLIC SAFETY, PLANNING, HUMAN SERVICES & PERSONNEL COMMITTEE MEETING August 8, 2023 Elected Officials Present Staff Present Councilmember Vivian Olson (Chair) Jessica Neill Hoyson, HR Director Councilmember Jenna Nand Dave Turley, Admin. Services Dir. Council President Neil Tibbott (ex-officio) Angie Feser, Parks, Rec. & Human Serv. Dir. Councilmember Susan Paine Shannon Burley, Deputy Parks, Rec. & Human Serv. Dir. Jeff Taraday, City Attorney Scott Passey, City Clerk 1. CALL TO ORDER The Edmonds City Council PSPHSP Committee meeting was called to order virtually and in the City Council Conference Room, 212 — 51 Avenue North, Edmonds, at 3:30 p.m. by Councilmember Olson. 2. COMMITTEE BUSINESS Committee Updates • SR-104 & Highway 99 Cleanup Councilmember Olson referred to an email in the packet from Shannon Burley explaining WSDOT has contracted with a service provider to do cleanup. WSDOT does not have a social service division and must use contracted services to uphold the law and offer individuals services prior to cleaning up encampments. The cleanup process was expedited by an EPD/social worker team visiting the site in advance of the cleanup. In addition to the cleanup, some trees will be limbed up to reduce use of the site for shelter. The combination of federal laws and ownership of the site by a state agency creates a multi -layer challenge that takes time to navigate; progress is being made and the City will continue to collaborate with WSDOT. Councilmember Olson echoed Ms. Burley's thanks to the EPD and the social worker for their ongoing efforts. To the extent that new solutions are identified, Councilmember Olson relayed her belief that council would be supportive of making those efforts happen. • Update on Opioid Settlement Funds Councilmember Olson explained there was a settlement between the State of Washington and cities in Washington. Funds have been received that are being moved into the Edmonds Opioid Response Fund 019. There are limitations on how those funds can be used for prevention and treatment. She suggested forming a taskforce to discuss use of fund to ensure options for spending the money are well vetted. Discussion followed regarding options for spending the money to best serve the community, the PSPHSP committee discussing options instead of a task force, ensuring the funds are spent in accordance with the settlement, and the process for vetting ideas. Ms. Feser advised a senior leadership team comprised of the police department, mayor, human services and finance has been formed to discuss options for distributing the funds in compliance with regulations. She estimated the City will receive $50,000-$100,000 annually for up to 17 years. A recommendation for distributing the funds will be presented to council. It was suggested a councilmember participate on the work group. 2. Conflict Counsel and Public Defense Assessor Rates Packet Pg. 49 7.3.a 08/08/23 PSPHSP Committee Minutes, Page 2 Ms. Neill Hoyson advised the City has a public defense contract with Snohomish County Public Defender Association (SCPDA). When a conflict arises, the City has thee conflict attorneys who provide public defense services. The City also contracts with Bob Boruchowitz to provide assessment and advisement on public defense services. Mr. Boruchowitz has reviewed the current conflict counsel compensation as well as his own contract and is recommending changes to the hourly rates. Mr. Boruchowitz explained public defense is primarily provided by SCPDA; conflict panel lawyers receive cases when the primary defender has a conflict of interest. The City is currently paying $125/hour, far below what the prosecutor and city attorney are paid. He recommended increasing the rate in January 2024 to $150 and to $175 in January 2025. The State of Maine recently increased their public defense payment to $150/hour; the cost of living in most of Maine is less than Edmonds. Lawyers in private practice in the region charge $300-$600/hour. This is a reasonable, modest increase and will put Edmonds in a competitive position to retain and recruit conflict panel lawyers. He also recommended an increase in his hourly rate. Questions and discussion followed regarding paying conflict panel attorneys less than SCPDA, how the 3-person panel supports diversion at the community court level, budget for conflict counsel and public defense assessor, support for increasing the rate to $150, rationale for the increase to $175 in 2025, current prosecutor's hourly rate, difficulty attracting attorneys to the panel at the current rate, increase in the rate as a percentage versus in comparison with public defenders, importance of resources for public defense, conflict counsel's access to social workers, and services Mr. Boruchowitz provides. Committee recommendation: Consent agenda. 3. Update on City Recruitments Ms. Neill Hoyson referred to the update on recruitment in the packet and offered to respond to questions. Questions and discussion followed regarding whether ARPA funds designated for retraining could be used for staff training, hiring for a lower level position and training the person for a higher level position, difficulty HR had filling the planning position, the difficult recruiting environment, changes made to wages and benefits last year to make Edmonds a competitive employer, how funds allocated for a position are used if the position is not filled, a suggestion to budget for new positions for % of the year, addition of numerous positions in the 2023 budget, domestic violence coordinator candidate is in background check, and the REDI manager. Committee recommendation: Update 4. Cultural Arts Specialist Reclassification This item was removed from the agenda and will be rescheduled at the next meeting. 5. Ordinance Allowing Five Hens per Single -Family Residence Mr. Taraday explained this ordinance originated from 1-2 councilmembers who received requests from residents. The proposed ordinance increases the number of hens allowed from three to five. There is no consensus in nearby cities on the appropriate number of hens, numbers range from 3-6 and higher. This is a matter of legislative discretion. Questions and discussion followed regarding reasons for increasing the number of chickens allowed, aggression between hens when there are no roosters, incorporating an animal welfare aspect into the ordinance, rooster abandonment, code enforcement regarding chickens, allowing seven hens and visiting roosters, getting public input on the change in the number of allowed chickens, and animal welfare standards related to coops. Packet Pg. 50 7.3.a 08/08/23 PSPHSP Committee Minutes, Page 3 I Committee recommendation: Full council I 6. Ordinance Exempting Generators from Local Noise Regulations Mr. Taraday relayed he was asked to draft a code amendment as a result of residents' requests to councilmembers. A noise exemption for emergency generators would be in effect, 1) when an emergency generator is operating during periods when no electrical service is available from the primary supplier due to a natural disaster or a power outage, and 2) periodic testing (limited to 7 a.m. to 6 p.m.) Questions and discussion followed regarding hours a generator can be tested, how emergency generators are tested, referencing the code section regarding construction hours, and definition of emergency generator. Committee recommendation: Consent agenda 7. Ordinance to Amend ECC 10.55 Edmonds Youth Commission Mr. Taraday explained an ordinance to standardize processes related to boards and commissions was adopted by council earlier this year. It came to staff's attention that language in the youth commission code conflicts with the code the council adopted. The intent of this ordinance is to harmonize the youth commission code with the more recently adopted general board and commission provisions. Specifically, with respect to incumbents, the code currently contains language that probably requires incumbents to submit an application to be considered for re -appointment. The proposed language limits applicability of the subsection G, recruitment of new commissioners, to when an incumbent commissioner is not being reappointed to their position. Similarly, subsection E is clarified to state the mayor or council may either reappoint an incumbent or appoint a new member. Ms. Burley expressed support for this change, commenting it would be very helpful to retain high performing youth commission members. Committee recommendation: Consent agenda 8. Ordinance to Amend ECC 2.05 Concerning City Attorney and City Prosecutor Councilmember Nand explained the ordinance would permanently constitute the legal assessment subcommittee to initiate the request for proposal process and perform an annual assessment of the performance of the city attorney and city prosecutor. Questions and discussion followed regarding changing subcommittee to committee or working group, how members are assigned, and the length of councilmembers' assignment to the subcommittee. Committee recommendation: Full council 3. ADJOURN The meeting was adjourned at 5:11 p.m. Packet Pg. 51 7.3.b FINANCE COMMITTEE MEETING August 8, 2023 Elected Officials Present Staff Present Councilmember Susan Paine Dave Turley, Administrative Services Director Council President Neil Tibbott (ex-officio) Brian Tuley, Information Services Manager Councilmember Vivian Olson Angie Feser, Parks, Rec. & Human Serv. Dir. Jeff Taraday, City Attorney Scott Passey, City Clerk CALL TO ORDER The Edmonds City Council Finance Committee meeting was called to order virtually and in the City Council Conference Room, 212 — 5` Avenue North, Edmonds, at 5:30 p.m. by Councilmember Paine. 2. COMMITTEE BUSINESS 1. Ordinance for PFD Charter Amendment Mr. Taraday explained a charter amendment was approved by city council in 2021 but no ordinance was prepared. As the original charter was adopted by ordinance, charter amendments must also be adopted by ordinance. While reviewing the updated 2021 charter, it was noticed an additional change needed to be made to clarify that a board member would need to miss three "regular" meetings for removal to be possible. That change has been made to the updated charter, and an ordinance has been prepared. Questions and discussion followed regarding whether the PFD Board approved the amendment to include "regular." Mr. Turley will confirm the PFD board approved that change. Committee recommendation: Consent agenda after confirming PFD Board approved that change. 2. Ordinance to Close Parks Trust Fund 136 Mr. Turley explained this is an administrative cleanup. The fund has not been used for several years and the purposes for which the fund was established are being carried out by other funds. He responded to a question regarding transferring money in the fund to other funds. Committee recommendation: Consent agenda 3. Fiber Customer Price Adjustment Mr. Tuley explained the City has two legacy fiber customers, one of the customers, the 110 James Building, has requested an increase in the monthly contracted internet usage. This will result in increased revenue to the City and a reduction in fluctuating overage charges for the customer. Questions and discussion followed regarding capacity for other customers and the capital investment to install fiber. Committee recommendation: Consent agenda 4. June 2023 Monthly Financial Report Packet Pg. 52 7.3.b 08/08/23 Finance Committee Minutes, Page 2 Mr. Turley responded to questions regarding annual interest income 2018 to 2023, monthly expenditure report -General Fund, unusual expenditures in 2023, monthly expenditure report - Community Services/Economic Development, investment portfolio, source of funds to vet the purchase of the landmark property, and plans for an update on the landmark property at next week's council meeting. Committee recommendation: Second quarter financial report on council agenda next week. 3. ADJOURN The meeting was adjourned at 6:01 p.m. Packet Pg. 53 7.3.c PARKS & PUBLIC WORKS COMMITTEE MEETING August 8, 2023 Elected Officials Present Staff Present Councilmember Dave Teitzel (Chair) Oscar Antillon, Public Works Director Councilmember Diane Buckshnis Rob English, City Engineer Council President Neil Tibbott (ex-officio) Angie Feser, Parks, Rec. & Human Serv. Dir. Councilmember Vivian Olson Scott Passey, City Clerk CALL TO ORDER The Edmonds City Council PPW Committee meeting was called to order virtually and in the City Council Conference Room, 212 — 5th Avenue North, Edmonds, at 7:30 p.m. by Councilmember Teitzel. The agenda was amended to move Item 2.5 to the first agenda item. 2. COMMITTEE BUSINESS 5. Edmonds Underwater Park Steward's 2022-23 Status Report Bruce Higgins explained volunteer efforts are focused on four tiers, 1) safety, 2) security, 3) maintenance and 4) improvements. He described efforts under each tier including repairing and replacing buoys and signage, preventing poaching and invasive species, repairing features, trails to steer divers away from the ferry terminal and completing intersection markers to help divers navigate. He reported on ling cod nesting and harbor seals that eat ling cod, donations, outreach talks at dive clubs, and dives to clean up debris. Questions and discussion followed regarding estimated hours volunteers have contributed, annual budget and funding sources, how the volunteers formalize their work with the City, the City's appreciation for the volunteers' efforts, the City looking into ways to reduce risk on the advice of legal counsel, conferring with WCIA about formalizing the volunteer program, other organizations that manage dive parks, how the four tiers of the volunteers efforts were established, materials the City has provided for the park over the years, ways to prevent poaching, signage to identify the marine sanctuary, national attraction of the underwater park, inclusion of the underwater park in the book 100 Places to Dive Before You Die and in an AAA guide, ways to defuse liability, and uniqueness of the underwater park. Annie Crawley, Annie Crawley Dive Team, and Terry Keffler, Underwater Sports, were also present. Committee recommendation: Received for Filing 6. Proposed Code Amendment to ECC 5.05.060 Councilmember Buckshnis explained in 2019 the council approved a pilot project to allow leashed dogs in city parks and along the waterfront walkway. Councilmembers have heard concerns about allowing dogs in Bracketts Landing North as it is a marine sanctuary. Dogs are often off leash at Brackett's Landing North, a seal was attacked and killed by a dog, and diver volunteers should not be responsible for calling the police or animal control about off leash dogs, etc. The proposed change would specifically disallow dogs in Brackett's Landing Park including the parking lot, walkway, beach and water. Questions and discussion followed regarding support for the proposed change, areas of Brackett's Landing North where dogs would not be allowed, closing the entire Brackett's Landing Park to dogs, Packet Pg. 54 7.3.c 8/8/23 PPW Committee Minutes, Page 2 signage and enforcement, signage regarding the location of the off leash dog park, and plans for park wayfinding signage in 2024. Committee recommendation: Full council 1. Committee Updates • Sewer Odor Mr. Antillon reported the sewer odor is being monitored; some levels have been detected particularly on 2"d Avenue. Five manholes are being monitored and approximately 60 samples have been taken. Staff is waiting to see if King County makes the recommended changes to their flow before taking samples again. The settings on the scrubber at City Park have been maximized and new filters/scrubbers have been installed on manholes. Discussion followed regarding where the odors are coming from and new filters/scrubbers installed on manholes. • Pea Patches in Public Riaht-of-Wa Councilmember Teitzel commented Seattle has a permit program for this. There have been requests for this in areas without a lot of green space to grow vegetables and flowers until park/green space can be identified. Residents would manage it; the City could identify areas where it might be appropriate and possibly provide top soil. Ms. Feser said from a landscape architecture and edible landscape perspective, she had concerns with runoff from the road into areas without curb and sidewalk. Those areas are sometimes called death strips due to extreme heat and lack of water, sand used on icy streets in the winter ends up there, and people use those area to relieve their animals. Councilmember Teitzel asked how other cities have addressed streetside planting areas. Mr. Antillon agree with Ms. Feser's comments. Residents are responsible for maintaining the landscaping in front of their property. Community gardens in Seattle are not right next to the road, there is no runoff, and they are safe to work in. There is more to it than just planting in the right-of-way. Questions and discussion followed regarding identifying areas that are not adjacent to the street, community gardens that are started by the community, concern with a community garden in the right-of-way, researching whether a church had space for pea patch, access to water, and existing pea patches at churches. • Potential lease or purchase of 7-Eleven on 236t" & Highway 99 for a Satellite Police Station Councilmember Teitzel relayed an inquiry by Councilmember Chen to purchase/lease the 7-Eleven property for a satellite police station. Mr. Antillon said that site was added to the list of properties being considered by the consultant doing the feasibility study. They are meeting Friday to do site visits. Discussion followed regarding crime in that area. 2. Presentation to Award Construction Contract for the 2023 Overlay Project Mr. English reported bids were opened today; five construction bids were received. The apparent low bidder is Granite Construction with a bid of approximately $760,000, the high bid was $895,000 and the engineer's estimate was $886,000. Staff will crunch the numbers and review documents and if there are no issues with the bids, he recommended awarding the contract on next week's council agenda. Questions and discussion followed regarding alley repair in the north central part of Edmonds, and the City's policy regarding overlaying alleys. Committee recommendation: Consent agenda Packet Pg. 55 7.3.c 8/8/23 PPW Committee Minutes, Page 3 3. Presentation of Supplemental Agreement with The Blueline Group for Citywide Bicycle Improvements Protect Mr. English reported Blueline is the consultant designer of record on this project; the contract is being extended to provide support services during construction including project management, construction support as needed on an on -call basis, development of as -built drawings, and additional design services. The project was originally slated for construction in 2022, but was pushed to 2023 and combined with the Elm Way Walkway Project and included design issues related to traffic signals, pavement repairs and redesign/reconfiguration of the intersection at 96th/Bowdoin. The overall supplemental services will $20,000 for construction support and $15,000 for design services for a total of $35,000. Mr. English responded to questions regarding funding for the supplemental agreement, when the on - call consultant would be used, concern with scope creep, and pervious sidewalk materials. Committee recommendation: Consent agenda. 4. Presentation of Supplemental Agreement with WSP for Construction Management Services on the 76th Ave Overlay Project Mr. English reported the City hired WSP to provide construction management and inspection services. The project includes federal funds so there are additional requirements. The project was awarded late last year and suspended due to weather. Paving was done in May 2023. Additional charges were incurred to monitor during the suspension and additional work related to pavement repairs. The additional amount is $10,990 although the entire amount may not be needed. He responded to questions regarding funding provided by Lynnwood, and Edmonds' funding source. Committee recommendation: Consent agenda. 7. Parks, Recreation & Human Services Department - 2023 Q2 Accomplishments Councilmember Teitzel inquired about process for an ILA with Snohomish County for joint support of Esperance Park. Ms. Feser answered formal direction from council to the mayor would be required; she suggested having that as a discussion item on a council agenda. Discussion followed regarding Esperance Park providing additional park and open space amenities for Highway 99 subarea residents, ability for Edmonds residents to use Esperance park without an ILA, Edmonds having more control over the park via an ILA, and Parks providing services such as mowing. Councilmember Teitzel said he would confer with Council President Tibbott and Mayor Nelson before proceeding. Committee recommendation: Information only Meadowdale playfields Ms. Feser advised the existing ILA expires in 2025. The original investment by the City was for the Meadowdale Playfields via a use agreement. Lynnwood stopped their adult softball program, and Edmonds picked it up. Lynnwood made other improvements in the park including a playground renovation, and without including Edmonds in the process, requested Edmonds pay half of cost of the playground. Edmonds does not agree that all improvements in the park are split 50/50 and believes it is only the playfields. She and Lynnwood's park director are meeting on Friday. Questions and discussion followed regarding the cost of the softball program, renting the fields from Lynnwood and getting out of the shared expenditure operating agreement. Outdoor Shower at Brackett's Landina North for Divers Packet Pg. 56 7.3.c 8/8/23 PPW Committee Minutes, Page 4 Ms. Feser reported the parts have been ordered and delivered but not installed. The project requires deconstructing and rebuilding the shower. It is difficult to find a contractor who can do concrete and plumbing who is interested in a small job with the City. The project was sent out to MSRC's small works roster with no response. Cooling Centers Councilmember Teitzel observed there are cooling centers at Edmonds Waterfront Center, Hazel Miller Spray Park and Edmonds Library all of which are in the bowl. He asked if Esperance Park would be a possible location or somewhere on Highway 99. Ms. Feser said the link in the email identifies all the Snohomish County cooling centers, some of which may be on Highway 99 or in Lynnwood. Flower Baskets Councilmember Buckshnis asked if the flower basket program was breaking even. Ms. Feser advised the adoption fee is $100/basket which covers the plants and materials (contracted out this year). Baskets are watered 2-4 times/week for 4 months which requires 2 staff members. Questions and discussion followed regarding reuse of the wooden baskets; intent of the adoption fee to self -fund the baskets excluding labor; use of the Goffette donation for baskets, corner parks and maintenance; balance in the Goffette fund; whether flower baskets are ever stolen; and backup baskets in case of damage or disease. 3. ADJOURN The meeting was adjourned at 8:57 p.m. Packet Pg. 57 7.4 City Council Agenda Item Meeting Date: 08/15/2023 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 #65763 dated August 1, 2023 for $371.04, payroll checks #65764 through #65771 dated August 4, 2023 for $10,734.16, payroll direct deposit for $827,486.56, benefit checks #65772 through #65776 and wire payments for $721,565.77, for the pay period of July 16, 2023 through July 31, 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 07-31-2023 payroll earnings summary 07-31-2023 payroll earnings summary 07-30-2023 Packet Pg. 58 Benefit Checks Summary Report City of Edmonds Pay Period: 1,100 - 07/16/2023 to 07/31/2023 Bank: usbank - US Bank Check # Date Payee # Name Check Amt 65772 08/04/2023 bpas BPAS 5,390.93 65773 08/04/2023 chap1 CHAPTER 13 TRUSTEE 175.00 65774 08/04/2023 icma MISSIONSQUARE PLAN SERVICES 5,871.63 65775 08/04/2023 flex NAVIA BENEFIT SOLUTIONS 4,280.61 65776 08/04/2023 afscme WSCCCE, AFSCME AFL-CIO 3,047.18 18,765.35 Bank: wire - US BANK Check # Date Payee # Name Check Amt 3551 08/04/2023 pens DEPT OF RETIREMENT SYSTEMS 358,395.48 3554 08/04/2023 aflac AFLAC 3,680.16 3556 08/04/2023 mebt WTRISC FBO #N317761 145,073.21 3557 08/04/2023 us US BANK 157,396.84 3559 08/04/2023 pb NATIONWIDE RETIREMENT SOLUTION 6,473.00 3560 08/04/2023 wadc WASHINGTON STATE TREASURER 31,076.73 3561 08/04/2023 oe OFFICE OF SUPPORT ENFORCEMENT 705.00 702,800.42 Grand Totals: 721,565.77 8/3/2023 7.4.a 0 a m v Direct Deposit m L 0.00 N Y 0.00 m 0.00 0.00 = 0.00 m c a� 0.00 0 0 L Direct Deposit f° a 0.00 4- 0 0.00 f° 0.00 0 0.00 0. a 0.00 Q 0.00 M 0.00 c N 0.00 M ti 0 0.00 c� E E Y V d t V w d C N a+ C d E t V R r r Q Packet Pg. 59 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,100 (07/16/2023 to 07/31/2023) Hour Type Hour Class Description Hours Amount 111 ABSENT NO PAY LEAVE 8.00 0.00 120 SICK SICK LEAVE - L & 1 96.00 3,905.57 121 SICK SICK LEAVE 582.75 26,936.03 122 VACATION VACATION 2,096.25 113,050.38 123 HOLIDAY HOLIDAY HOURS 303.75 14,320.45 124 HOLIDAY FLOATER HOLIDAY 27.00 1,271.19 125 COMP HOURS COMPENSATORY TIME 243.25 12,412.33 128 HOLIDAY Holiday Bank WWTP 5.75 263.79 129 SICK Police Sick Leave L & 1 96.00 4,602.50 135 SICK WASHINGTON STATE SICK LEAVE 2.50 48.68 150 REGULAR HOURS Kelly Day Used 99.00 4,546.05 155 COMP HOURS COMPTIME AUTO PAY 107.63 6,571.40 160 VACATION MANAGEMENT LEAVE 66.00 5,677.10 170 REGULAR HOURS COUNCIL BASE PAY 700.00 9,916.62 174 REGULAR HOURS COUNCIL PRESIDENTS PAY 0.00 300.00 175 REGULAR HOURS COUNCIL PAY FOR NO MEDICAL 0.00 4,866.36 190 REGULAR HOURS REGULAR HOURS 19,101.00 913,779.07 191 REGULAR HOURS FIRE PENSION PAYMENTS 3.00 4,462.19 193 REGULAR HOURS LIGHT DUTY 40.00 1,992.48 194 SICK Emergency Sick Leave 108.00 4,518.81 210 OVERTIME HOURS OVERTIME -STRAIGHT 4.00 187.34 215 OVERTIME HOURS WATER WATCH STANDBY 36.00 2,471.35 216 MISCELLANEOUS STANDBY TREATMENT PLANT 16.00 1,839.50 220 OVERTIME HOURS OVERTIME 1.5 477.50 42,184.63 225 OVERTIME HOURS OVERTIME -DOUBLE 10.00 845.98 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 842.12 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 2,080.90 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 -1,055.63 602 COMP HOURS ACCRUED COMP 1.0 48.50 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 198.75 0.00 606 COMP HOURS ACCRUED COMP 2.0 4.00 0.00 902 MISCELLANEOUS BOOT ALLOWANCE 0.00 211.00 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 08/03/2023 Packet Pg. 60 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,100 (07/16/2023 to 07/31/2023) }, Hour Type Hour Class Description Hours Amount cpl MISCELLANEOUS TRAINING CORPORAL 0.00 201.58 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 113.61 deftat MISCELLANEOUS DEFENSE TATICS INSTRUCTOR 0.00 94.36 det MISCELLANEOUS DETECTIVE PAY 0.00 138.08 det4 MISCELLANEOUS Detective 4% 0.00 964.64 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 14.00 926.30 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 Lonqevity 9% 0.00 1,836.83 Ig13 LONGEVITY Longevity 7% 0.00 1,349.83 Ig14 LONGEVITY Longevity 5% 0.00 777.69 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 346.28 Iq4 LONGEVITY Longevity 1% 0.00 1,101.32 Iq5 LONGEVITY Lonqevity 3% 0.00 2,384.41 Iq7 LONGEVITY Lonqevity 1.5% 0.00 562.08 Iq8 LONGEVITY Lonqevity 8% 0.00 337.04 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 138.08 pfmp ABSENT Paid Family Medical Unpaid/Sup 28.00 0.00 pfmv VACATION Paid Family Medical Vacation 20.00 996.24 phy MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 2,182.91 sqt MISCELLANEOUS ADMINISTRATIVE SERGEANT 0.00 219.02 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 12.00 649.28 08/03/2023 Packet Pg. 61 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,100 (07/16/2023 to 07/31/2023) Hour Type Hour Class Description Hours 24,554.63 Total Net Pay: Amount $1,213,767.57 $838,220.72 7.4.b 08/03/2023 Packet Pg. 62 Hour Type Hour Class 903 MISCELLANEOUS Payroll Earnings Summary Report City of Edmonds Pay Period: 1,164 (07/30/2023 to 07/30/2023) Description CLOTHING ALLOWANCE Hours Amount NUM 412.50 0.00 $412.50 Total Net Pay: $371.04 7.4.c 08/03/2023 Packet Pg. 63 7.5 City Council Agenda Item Meeting Date: 08/15/2023 Approval of claim checks and wire payments. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #258552 through #258664 dated August 3, 2023 for $411,507.24, checks #258665 through #258760 dated August 10, 2023 for $998,173.77 and wire payments of $7,501.63, $4,558.60, $5,361.00 and $272.99. Staff Recommendation Approval of claim checks and wire payments. Narrative The Council President shall be designated as the auditing committee for the city council. The council president shall review the documentation supporting claims paid and review for approval by the city council at its next regular public meeting all checks or warrants issued in payment of any claim, demand or voucher. A list of each claim, demand or voucher approved and each check or warrant issued indicating the check or warrant number, the amount paid and the vendor or payee shall be filed in the city council office for review by individual councilmembers prior to each regularly scheduled public meeting. Attachments: Claims 08-03-23 Agenda copy Claims 08-10-23 Agenda copy Packet Pg. 64 7.5.a apPosPay Positive Pay Listing Page: 1 8/3/2023 10:51:17AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 076040 911 SUPPLY INC 258552 8/3/2023 4,344.33 070322 A&A LANGUAGE SERVICES INC 258553 8/3/2023 360.00 065052 AARD PEST CONTROL 258554 8/3/2023 337.04 000135 ABSCO ALARMS INC 258555 8/3/2023 1,267.99 064088 ADT COMMERCIAL 258556 8/3/2023 619.26 078904 ALEX CHADSEY MUSIC 258557 8/3/2023 1,200.00 065568 ALLWATER INC 258558 8/3/2023 75.15 074718 AQUATIC SPECIALTY SERVICES INC 258559 8/3/2023 17,113.53 069751 ARAMARK UNIFORM SERVICES 258560 8/3/2023 168.99 069751 ARAMARK UNIFORM SERVICES 258561 8/3/2023 494.05 064341 AT&T MOBILITY 258562 8/3/2023 43.35 079352 AUDIO ENGINEERS NORTHWEST LLC 258563 8/3/2023 5,666.20 001801 AUTOMATIC W ILBERT VAULT CO 258564 8/3/2023 1,922.00 075217 BASLER, ANTHONY C 258565 8/3/2023 260.00 012005 BENDIKSEN & BALL POLYGRAPH 258566 8/3/2023 900.00 002258 BENS EVER READY 258567 8/3/2023 292.83 069226 BHC CONSULTANTS LLC 258568 8/3/2023 5,339.23 028050 BILL PIERRE FORD INC 258569 8/3/2023 47.78 073760 BLUELINE GROUP LLC 258570 8/3/2023 19,965.00 077181 BOYER ELECTRIC CO INC 258571 8/3/2023 2,722.72 079349 CAMPBELL, SHANNON 258572 8/3/2023 285.75 073029 CANON FINANCIAL SERVICES 258573 8/3/2023 894.68 078866 CENTERPOINT LANGUAGE SERVICES 258574 8/3/2023 130.00 079062 COMCAST 258575 8/3/2023 110.00 070323 COMCAST BUSINESS 258576 8/3/2023 398.81 079354 CYTRUS LLC 258577 8/3/2023 2,000.00 074444 DATAQUEST LLC 258578 8/3/2023 1,586.70 079013 DEALERSHIP GLASS AUTO GLASS 258579 8/3/2023 360.48 047450 DEPT OF INFORMATION SERVICES 258580 8/3/2023 285.00 078419 DIAMOND PARKING 258581 8/3/2023 3,000.00 064531 DINES, JEANNIE 258582 8/3/2023 856.00 076610 EDMONDS HERO HARDWARE 258583 8/3/2023 598.10 038500 EDMONDS SENIOR CENTER 258584 8/3/2023 50,000.00 008705 EDMONDS WATER DIVISION 258585 8/3/2023 1,068.79 008812 ELECTRONIC BUSINESS MACHINES 258586 8/3/2023 462.49 047407 EMPLOYMENT SECURITY DEPT 258587 8/3/2023 1,759.04 009350 EVERETT DAILY HERALD 258588 8/3/2023 141.04 076751 FALK, NICHOLAS 258589 8/3/2023 94.84 066378 FASTENAL COMPANY 258590 8/3/2023 89.66 075538 GAMEZ, OMAR 258591 8/3/2023 265.76 012199 GRAINGER 258592 8/3/2023 937.92 068015 GRICE INDUSTRIES INC 258593 8/3/2023 363.00 078272 HARRINGTON, SHEILAANNE 258594 8/3/2023 390.00 076240 HM PACIFIC NORTHWEST INC 258595 8/3/2023 206.39 061013 HONEY BUCKET 258596 8/3/2023 290.95 072528 INTERCOM LANGUAGE SERVICES 258597 8/3/2023 260.00 069349 INTERNATIONAL CODE COUNCIL INC 258598 8/3/2023 160.00 075062 JAMESTOWN NETWORKS 258599 8/3/2023 651.95 079343 JC KILLIN GENERAL CONTRACTOR 258600 8/3/2023 4,420.00 070019 JUDICIAL CONF REGISTRAR 258601 8/3/2023 225.00 078239 KIM, YOUNGHEE 258602 8/3/2023 130.00 079069 KISHA POST 258603 8/3/2023 5,600.00 079350 KNIGGE, KATELYN 258604 8/3/2023 318.75 Page: 1 Packet Pg. 65 apPosPay Positive Pay Listing 8/3/2023 10:51:17AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 067568 KPG PSOMAS INC 258605 8/3/2023 6,652.50 062814 KUSTOM SIGNALS INC 258606 8/3/2023 4,508.38 079347 LAKESHIRTS ZEPHYR LLC 258607 8/3/2023 1,566.12 017135 LANDAU ASSOCIATES INC 258608 8/3/2023 632.50 074417 LAW OFFICE OF CHRISTIAN SMITH 258609 8/3/2023 1,437.50 075016 LEMAY MOBILE SHREDDING 258610 8/3/2023 79.05 073603 LIGHTHOUSE LAW GROUP PLLC 258611 8/3/2023 70,790.90 075149 LIM, VANNARA 258612 8/3/2023 130.00 076001 LUCIE R BERNHEIM, ATTY AT LAW 258613 8/3/2023 675.00 018980 LYNNWOOD HONDA 258614 8/3/2023 5,635.47 074263 LYNNWOOD WINSUPPLY CO 258615 8/3/2023 734.25 075716 MALLORY PAINT STORE INC 258616 8/3/2023 403.84 069043 MAYA SOLEIL LLC DBA GLOBALHEAT 258617 8/3/2023 1,200.00 077076 MAYLOR, UNEEK 258618 8/3/2023 2,152.56 079253 MENEDEZ, GIL H 258619 8/3/2023 200.00 020900 MILLERS EQUIP & RENT ALL INC 258620 8/3/2023 1,770.13 023850 NATIONAL LEAGUE OF CITIES 258621 8/3/2023 3,613.00 024302 NELSON PETROLEUM 258622 8/3/2023 22.10 064215 NORTHWEST PUMP & EQUIP CO 258623 8/3/2023 549.12 072739 O'REILLYAUTO PARTS 258624 8/3/2023 56.26 064951 OTIS ELEVATOR CO 258625 8/3/2023 4,717.58 065051 PARAMETRIX INC 258626 8/3/2023 2,844.52 079342 PENROSE MARITAL TRUST 258627 8/3/2023 139.15 079335 PICKERING, CHRIS 258628 8/3/2023 2,970.00 071783 PIGSKIN UNIFORMS 258629 8/3/2023 1,498.68 064167 POLLARD WATER 258630 8/3/2023 127.02 046900 PUGET SOUND ENERGY 258631 8/3/2023 4,301.31 075769 QUADIENT LEASING USA INC 258632 8/3/2023 2,193.70 062657 REGIONAL DISPOSAL COMPANY 258633 8/3/2023 5,784.66 078906 RIVERA, WHITNEY 258634 8/3/2023 1,625.40 068657 ROBERT HALF 258635 8/3/2023 4,158.00 068708 ROCKWELL AUTOMATION INC 258636 8/3/2023 909.71 076328 SCJ ALLIANCE 258637 8/3/2023 17,484.72 079221 SEATOWN ELECTRIC PLUMBING 258638 8/3/2023 88.00 063306 SHERWIN-WILLIAMS 258639 8/3/2023 3,418.76 071655 SHI INTERNATIONAL CORP 258640 8/3/2023 1,351.25 078920 SHOEMAKE, TABATHA 258641 8/3/2023 842.21 075543 SNO CO PUBLIC DEFENDER ASSOC 258642 8/3/2023 1,625.48 037375 SNO CO PUD NO 1 258643 8/3/2023 6,836.97 063941 SNO CO SHERIFFS OFFICE 258644 8/3/2023 8,395.00 070167 SNOHOMISH COUNTY TREASURER 258645 8/3/2023 98.23 075875 SOUND CLEANING RESOURCES INC 258646 8/3/2023 1,165.67 009400 STELLAR INDUSTRIAL SUPPLY INC 258647 8/3/2023 717.10 074506 SUNBELT RENTALS 258648 8/3/2023 3,818.58 072319 SUNSET BAY RESORT 258649 8/3/2023 23,761.80 079134 SW ICKARD TOYOTA 258650 8/3/2023 425.65 027269 THE PART WORKS INC 258651 8/3/2023 93.07 078203 TOTAL TESTING 258652 8/3/2023 280.00 079309 TRANSPORTATION SOLUTIONS INC 258653 8/3/2023 3,268.50 064423 USA BLUE BOOK 258654 8/3/2023 4,243.17 075496 VALERIE INC 258655 8/3/2023 2,500.00 067865 VERIZON WIRELESS 258656 8/3/2023 14,271.24 077785 WASHINGTON KIDS IN TRANSITION 258657 8/3/2023 26,616.15 075635 WCP SOLUTIONS 258658 8/3/2023 4,561.96 Page: 2 Packet Pg. 66 apPosPay 8/3/2023 10:51:17AM Positive Pay Listing City of Edmonds Document group: jacobson Vendor Code & Name 073552 WELCO SALES LLC 074609 WEST COAST ARMORY NORTH 075926 WESTERN EXTERMINATOR 064213 WSSUATREASURER 079243 YOUNG MARKETING 011900 ZIPLY FIBER Check # Check Date Amount 258659 8/3/2023 655.88 258660 8/3/2023 863.50 258661 8/3/2023 140.28 258662 8/3/2023 5,040.00 258663 8/3/2023 2,100.00 258664 8/3/2023 1,285.11 GrandTotal : 411,507.24 Total count: 113 ui c m E c� a a� L 3 c c� U a� U E U 4- 0 0 L Q Q Q Q 0 V Im Q M N Cl) O Go O N E ci C N E t V f� a+ a+ Q Page: 3 Packet Pg. 67 7.5.b apPosPay Positive Pay Listing Page: 1 8/10/2023 8:52:04AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 079330 76 INVESTMENT LLC 258665 8/10/2023 7,000.00 076040 911 SUPPLY INC 258666 8/10/2023 3,609.42 065052 AARD PEST CONTROL 258667 8/10/2023 103.87 061029 ABSOLUTE GRAPHIX 258668 8/10/2023 249.19 079319 ADVANCED POWER LLC 258669 8/10/2023 5,143.78 077610 ALBA PAINTING & COATINGS 258670 8/10/2023 15,359.50 065568 ALLWATER INC 258671 8/10/2023 152.77 074488 ALPHA COURIER INC 258672 8/10/2023 217.04 001528 AM TEST INC 258673 8/10/2023 60.00 069751 ARAMARK UNIFORM SERVICES 258674 8/10/2023 292.90 069226 BHC CONSULTANTS LLC 258675 8/10/2023 18,148.02 028050 BILL PIERRE FORD INC 258676 8/10/2023 495.60 066673 BILLS BLUEPRINT INC 258677 8/10/2023 2,047.62 074307 BLUE STAR GAS 258678 8/10/2023 1,272.85 078083 BUYCE JR, RICHARD J 258679 8/10/2023 36.00 075280 BYRUM, RICHARD A 258680 8/10/2023 222.00 069813 CDW GOVERNMENT INC 258681 8/10/2023 1,233.16 003510 CENTRAL WELDING SUPPLY 258682 8/10/2023 815.99 069457 CITY OF EDMONDS 258683 8/10/2023 171.00 074559 CLARK, PATRICK 258684 8/10/2023 416.00 073135 COGENT COMMUNICATIONS INC 258685 8/10/2023 661.59 070323 COMCAST BUSINESS 258686 8/10/2023 292.90 078329 COMPENSATION CONNECTIONS LLC 258687 8/10/2023 2,280.00 072746 CONSOR NORTH AMERICA INC 258688 8/10/2023 18,282.00 078912 DAWKINS, LOI 258689 8/10/2023 820.00 006626 DEPT OF ECOLOGY 258690 8/10/2023 75,758.97 047450 DEPT OF INFORMATION SERVICES 258691 8/10/2023 285.00 006635 DEPT OF LICENSING 258692 8/10/2023 26,450.35 078943 DIEL, ARNIE WAYNE 258693 8/10/2023 74.00 070244 DUANE HARTMAN & ASSOCIATES INC 258694 8/10/2023 1,696.31 007675 EDMONDS AUTO PARTS 258695 8/10/2023 76.78 076610 EDMONDS HERO HARDWARE 258696 8/10/2023 152.35 038500 EDMONDS SENIOR CENTER 258697 8/10/2023 8,334.00 008688 EDMONDS VETERINARY HOSPITAL 258698 8/10/2023 839.00 008812 ELECTRONIC BUSINESS MACHINES 258699 8/10/2023 1,073.84 079362 ENCO SYSTEMS INC 258700 8/10/2023 1,040.00 072136 EPTURA INC 258701 8/10/2023 5,635.50 009350 EVERETT DAILY HERALD 258702 8/10/2023 251.12 065427 FCS GROUP 258703 8/10/2023 10,688.75 012199 GRAINGER 258704 8/10/2023 587.41 079157 HARDWICK CONSULTING GROUP INC 258705 8/10/2023 8,000.00 072647 HERRERA ENVIRONMENTAL 258706 8/10/2023 475.93 067862 HOME DEPOT CREDIT SERVICES 258707 8/10/2023 1,908.53 061013 HONEY BUCKET 258708 8/10/2023 4,243.55 076614 HOUSING AUTHORITY OF SNO CO 258709 8/10/2023 5,610.00 078946 KITCHENS, KYLEE 258710 8/10/2023 496.20 067568 KPG PSOMAS INC 258711 8/10/2023 15,322.27 066522 LAKESIDE INDUSTRIES INC 258712 8/10/2023 1,682.69 078471 LEMM, KEVIN 258713 8/10/2023 501.80 074848 LONG BAY ENTERPRISES INC 258714 8/10/2023 5,523.75 079166 MADRONA LAW GROUP PLLC 258715 8/10/2023 206.50 067235 MARYS TOWING INC 258716 8/10/2023 561.34 075746 MCMURRAY, LAURA 258717 8/10/2023 127.87 Page: 1 Packet Pg. 68 apPosPay Positive Pay Listing 8/10/2023 8:52:04AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 078936 MORGISON, DUANE 258718 8/10/2023 74.00 074850 MYERS, DAVID 258719 8/10/2023 244.42 067834 NATIONAL CONSTRUCTION RENTALS 258720 8/10/2023 39.78 070855 NAVIA BENEFIT SOLUTIONS 258721 8/10/2023 353.25 064655 NEW RESTORATION & RECOVERY SVC 258722 8/10/2023 19,887.35 026200 OLYMPIC VIEW WATER DISTRICT 258723 8/10/2023 5,443.24 075735 PACIFIC SECURITY 258724 8/10/2023 4,558.51 072507 PEACE OF MIND OFFICE SUPPORT 258725 8/10/2023 276.00 079337 PEORIA FORD 258726 8/10/2023 96,840.00 074793 PETDATA INC 258727 8/10/2023 200.70 028860 PLATT ELECTRIC SUPPLY 258728 8/10/2023 647.38 072384 PLAY-WELLTEKNOLOGIES 258729 8/10/2023 3,969.00 079360 POWER SOLUTIONS LLC 258730 8/10/2023 5,245.21 079270 PRINTING PLUS 258731 8/10/2023 1,244.63 061540 REPUBLIC SERVICES #197 258732 8/10/2023 1,708.39 068657 ROBERT HALF 258733 8/10/2023 8,778.00 079323 ROOTED DESIGN, LLC 258734 8/10/2023 1,155.00 076328 SCJ ALLIANCE 258735 8/10/2023 3,163.83 063306 SHERWIN-WILLIAMS 258736 8/10/2023 413.69 079346 SIMPLE SOLUTIONS DISTRIBUTING 258737 8/10/2023 1,375.42 075590 SMARSH INC 258738 8/10/2023 15.29 037375 SNO CO PUD NO 1 258740 8/10/2023 21,825.38 038300 SOUND DISPOSAL CO 258741 8/10/2023 3,763.81 076054 STRUM, KRAIG 258742 8/10/2023 126.50 068360 SUMMIT LAW GROUP 258743 8/10/2023 976.00 075025 THE BRANDING IRON LLC 258744 8/10/2023 103.01 079359 THE WALLS LAW FIRM INC 258745 8/10/2023 25,000.00 038315 TK ELEVATOR CORPORATION 258746 8/10/2023 5,644.76 068141 TRANSPO GROUP 258747 8/10/2023 5,157.65 079309 TRANSPORTATION SOLUTIONS INC 258748 8/10/2023 1,369.75 076823 TYR TACTICAL LLC 258749 8/10/2023 3,724.32 073310 UNISAFE INC 258750 8/10/2023 579.56 064423 USA BLUE BOOK 258751 8/10/2023 740.66 067865 VERIZON WIRELESS 258752 8/10/2023 191.13 067917 WALLY'S TOWING INC 258753 8/10/2023 280.92 065035 WASHINGTON STATE PATROL 258754 8/10/2023 233.00 078314 WASTE MGMT DISPOSAL SVC OF OR 258755 8/10/2023 187,526.45 065936 WESSPUR TREE EQUIPMENT INC 258756 8/10/2023 234.22 071467 WEST COAST PET MEMORIAL 258757 8/10/2023 57.00 079083 WESTWATER CONSTRUCTION COMPANY 258758 8/10/2023 327,694.01 079358 ZAJACZKOWSKI, ELIZABETH 258759 8/10/2023 128.38 011900 ZIPLY FIBER 258760 8/10/2023 197.16 GrandTotal: 998,173.77 Total count: 95 Page: 2 Packet Pg. 69 7.6 City Council Agenda Item Meeting Date: 08/15/2023 City Attorney Contract 2024 Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History During the April 25, 2023 Council voted to continue contracting with Lighthouse Law Group for City Attorney services. A proposed contract was discussed during the July 11 Public Safety, Planning, Human Services and Personnel Committee Meeting and was reviewed by Madrona Law. The contract was reviewed by full council on August 2, 2023 with some motions for amendments. The minutes of this meeting may be in this agenda packet for approval by consent; the video of this meeting is available for review on the city website. Recommendation Approve proposed contract from Lighthouse Law Group. Narrative The current contract with Lighthouse Law Group for City Attorney services expires December 31, 2023. Attachments: 2023-08-10 Lighthouse -Edmonds contract 2024-2028 Packet Pg. 70 7.6.a AGREEMENT FOR CIVIL LEGAL SERVICES THIS AGREEMENT entered into between the City of Edmonds ("the City") and Lighthouse Law Group PLLC ("LIGHTHOUSE") effective January 1, 2024, is entered into in consideration of the terms and conditions set forth below, the parties agree as follows: 1. Services to be Provided. LIGHTHOUSE will serve as attorneys for the City on all civil legal matters assigned or referred to LIGHTHOUSE by the City during the term of this Agreement and will perform all civil legal services for the City with the exception of litigation covered by the City's insurance pool, litigation defended under an accepted tender arrangement, legal services related to the issuance of any municipal bond or similar security, or legal services assigned by the City to other legal counsel as described in the paragraph below. This is a nonexclusive agreement and the City at its sole discretion may engage other legal counsel regarding any service that is expected to be provided by LIGHTHOUSE. Examples of such services expected to be provided by LIGHTHOUSE include, but are not limited to: 1.1 Preparing for and attending regular meetings of the City Council, and other meetings, as necessary or requested; 1.2 Drafting ordinances, resolutions, and decisions; 1.3 Answering telephone calls from City elected officials and staff and providing general consultation on civil legal matters; 1.4 Attending meetings with City staff, the Mayor, and/or Council Members on civil legal matters; 1.5 Attending meetings of other City boards and commissions, such as the Planning Board and Hearing Examiner, when requested to do so; and 1.6 Negotiating with third parties other than in a litigation context, e.g., negotiating interlocal agreements. 1.7 Representing the City and its officials in litigation matters, when requested, provided, that in cases where the City and its officials have insurance coverage through WCIA or another insurer, LIGHTHOUSE will represent the City and its officials only until WCIA retained attorneys are actively handling the case or to the extent necessary to deal with non -covered claims or to provide consultation and coordination between the City and the WCIA retained attorneys; 1.8 Labor negotiation or arbitration; 1.9 Services related to local improvement districts; Packet Pg. 71 7.6.a 1.10 Services related to taxation; 1.11 Services requiring expertise in CERCLA, MTCA, or other state or federal environmental cleanup laws; 1.12 Representing the City in administrative proceedings before another governmental unit (such as Boundary Review Board hearings, proceedings before the State Shorelines Hearings Board, or proceedings before the State Growth Management Hearings Board); 1.13 Telecommunications services, including franchise negotiation and leasing; 1.14 Office hours at City Hall will be provided by LIGHTHOUSE as requested; and 1.15 Annual report On basis, LIGHTHOUSEpotopics requested by the city council. 'LIGHTHOUSE shall initiate a feview of its means f!easenably eendueive to obtaining feedbaek that would assist own peffafmanee by f!eaehing out to, at least, all eleeted offieials and departmen LIGHTHOUSE self initiated per-fafmanee review to the eity eettneil as part of its annual fepeft. Nothing in this pafagfaph pr-events the City ffem initiating and peffefffling i t Jl t_i �4l�llL ��Zt&,_21!_? /_<Rlln12 /IIRS!SZ 2. Personnel Performing Services. Jeff Taraday will be the lead attorney and shall have the primary responsibility for attending City Council meetings and delegating work to other LIGHTHOUSE attorneys, as needed. Mr. Taraday may assign work to any attorney affiliated with LIGHTHOUSE. Provision of service by any non -LIGHTHOUSE attorney shall require prior approval by the Mayor with notification provided to the Council of such assignment and approval. Payment for Services. a. The City will pay LIGHTHOUSE for the legal services provided under this Agreement pursuant to the hourly rates listed in subsection 3.b, below. LIGHTHOUSE attorneys will charge for services in increments of one tenth of an hour with the minimum time charged for any activity being one tenth of an hour and all fractions of tenths of an hour rounded up to the next tenth of an hour. For example, a fifteen -minute telephone conversation would be charged as 0.3 hours. LIGHTHOUSE will charge for all activities undertaken in providing legal services to the City under this Agreement, including, but not limited to, the following: attending and preparing for meetings, conferences, depositions, and court appearances; reviewing and preparing correspondence and legal documents; performing legal research and writing legal opinions; drafting of court papers, ordinances, and resolutions and engaging in telephone conversations. When two of more LIGHTHOUSE personnel are engaged in working on a matter at the same time, such as in conferences between them, the time of each will be charged at his or her hourly rate. When our services require travel to Edmonds, regardless of the actual travel time, a one -hour round Packet Pg. 72 7.6.a trip will be charged at the attorney's applicable hourly rate, except the City shall be billed for the actual travel time if actual travel time is less than one -hour round trip. When our services require travel to other locations, the actual travel time will be charged at the attorney's applicable hourly rate. b. The hourly rates below shall apply to the legal services by the City described in Section 3.a, above. Beginning in 2024 and for each year of the contract thereafter, the hourly rates during each year shall be calculated by taking the previous year's hourly rates (the "Base") and adjusting those rates by the three-year rolling average of the Seattle - Tacoma -Bellevue, WA, CPI-U 12-month percent changes from June -to -June (the "CPI - based adjustment")(Bureau of Labor Statistics table for June 2023 is attached hereto as Exhibit A, which table will be updated and attached annually in August of each year for the duration of this Agreement). Adjusted hourly rate calculations for 2025 and each year thereafter will be updated in August of each year for the duration of this Agreement and attached hereto as Exhibit B. Hence, in calculating the hourly rates to be charged in 2024, one would begin by using the following Base rates: • Jeff Taraday $336 • Tom Brubaker $336 • Mike Bradley $336 • Sharon Cates $253 • Patricia Taraday $253 • Angela Tinker $253 • Beth Ford $253 • any other Lighthouse attorney $253 One would then apply the CPI -based adjustment using a table like the one below: CPI -based adjustment: three-year rolling average of the Seattle -Tacoma - Bellevue, WA, CPI-U 12-month June -to -June percent changes 2021 2022 2023 3-yr rolling average February 1.7 8.1 8.0 5.9 April 3.4 9.1 6.9 6.5 June 5.5 10.1 4.6 6.7 August 5.2 9.0 October 6.5 8.9 December 7.6 8.4 Packet Pg. 73 7.6.a This exercise would yield the hourly rates for 2024, which rates would also function as the Base for the 2025 hourly rates. Calculation of 2024 rates: 2023 rates (the 2024 Base) 2024 rates with 6.7% CPI -based adjustment applied Jeff $336 $359 Tom $336 $359 Patricia $253 $270 Sharon $253 $270 Beth $253 $270 Angela $253 $270 4. Payment by Third -Parties. In situations where the City charges a third -party (e.g. a land use applicant or utility company) for work performed by LIGHTHOUSE, the third -party shall be charged, and LIGHTHOUSE shall be paid, the hourly rates in Section 3.b plus ten percent, which would approximate the undiscounted market value of the attorneys' time over the life of the contract. 5. Other charges and expenses. The City will not be charged separately for normal clerical or secretarial work, the expense of which has been calculated into LIGHTHOUSE's fees. Reimbursement shall be made by the City for expenditures related to fees paid to a mediator, expert witness fees, court costs and fees, copying, postage, process service and courier costs. Other expenses shall be reimbursed when authorized in advance by the City. 6. Billing. The City shall pay LIGHTHOUSE within thirty (30) days of receipt of an invoice, except for any specific items on an invoice which the City contests or questions in writing within fifteen (15) days of receipt of the invoice. The parties agree to use good faith in promptly resolving any contests or questions of time entries and/or expense reimbursement requests on LIGHTHOUSE invoices. 7. Term of Agreement. This Agreement shall commence on January 1, 2024 and shall remain in effect through December 31, 2028 unless terminated earlier as provided in Section 8. Termination _ a. The City may discharge LIGHTHOUSE at any time. LIGHTHOUSE may withdraw from representation of the City at any time, to the extent permitted by law and the Rules of Professional Conduct, upon sixty (60) days written notice. In the event of termination, work in progress will be completed by LIGHTHOUSE if authorized by the City under terms acceptable to both parties. If completion of work in progress is not authorized or acceptable terms cannot be worked out, LIGHTHOUSE will submit all unfinished documents, reports, or other material to City and LIGHTHOUSE will be entitled to receive payment for any and all satisfactory work completed prior to the effective date of termination. The City acknowledges that LIGHTHOUSE will not perform services without a contract. Packet Pg. 74 7.6.a b. In the event this Agreement is terminated, LIGHTHOUSE shall be entitled to payment of all services performed and reimbursable expenses, incurred up to the date of termination. c. The City may terminate this agreement immediately if LIGHTHOUSE's insurance coverage is canceled for any reason or if LIGHTHOUSE is unable to perform the services called for in this agreement. d. This section shall not prevent the City from seeking any legal remedies it may otherwise have for the violation of nonperformance of any provisions of this agreement. 9. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than two million dollars ($2,000,000). C. Vehicle liability insurance for any hired or non -owned automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance with limits no less than two million dollars ($2,000,000) per claim and two million dollars ($2,000,000) general aggregate. Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or two million dollars ($2,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. Packet Pg. 75 7.6.a 10. Discrimination. LIGHTHOUSE agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, physical, mental or sensory handicap, or other protected status, except where a bona fide occupational qualification exists. 11. Independent Contractor. LIGHTHOUSE is an independent contractor with respect to the services to be provided under this Agreement. The City shall not be liable for, nor obligated to pay to LIGHTHOUSE, or any employee of LIGHTHOUSE, sick leave, vacation pay, overtime or any other benefit applicable to employees of the City, nor to pay or deduct any social security, income tax, or other tax from the payments made to LIGHTHOUSE which may arise as an incident of LIGHTHOUSE performing services for the City. The City shall not be obligated to pay industrial insurance for the services rendered by LIGHTHOUSE. 12. Ownership of Work Product. All opinions, data, materials, reports, memoranda, public records, and other documents developed by LIGHTHOUSE under this Agreement specifically for the City are the property of the City, shall be forwarded to the City at its request, and may be used by the City as the City sees fit. 13. Hold Harmless. LIGHTHOUSE agrees to indemnify, hold harmless, and defend the City, its elected and appointed officials, employees and agents from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of LIGHTHOUSE. The City agrees to indemnify, hold harmless, and defend LIGHTHOUSE, its members, employees, and approved sub -contractors (e.g. Special Counsel), from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of the City, its elected and appointed officials, employees and agents. To the extent necessary to fully fulfill these promises of indemnity, the parties waive their immunity under Title 51 RCW. 14. Rules of Professional Conduct. All services provided by LIGHTHOUSE under this Agreement will be performed in accordance with the Rules of Professional Conduct for attorneys established by the Washington Supreme Court. 15. Work for Other Clients. LIGHTHOUSE may provide other services for clients other than the City during the term of this Agreement, but will not do so where the same may constitute a conflict of interest as defined by the Rules of Professional Conduct unless the City, after full disclosure of the potential or actual conflict, consents in writing to the representation. Any potential conflicts shall be handled in accordance with the Rules of Professional Conduct referred to above. 16. Subcontracting or Assignment. LIGHTHOUSE may not assign or subcontract any portion of the services to be provided under this agreement without the express written consent of the City, PROVIDED THAT such consent shall not be unreasonably withheld, and FURTHER PROVIDED THAT by this Agreement, the City hereby consents to LIGHTHOUSE's subcontracting with the following Special Counsel: Mike Bradley, attorneys supervised by Mike Bradley, and/or the respective legal entities through which they perform their legal services. 17. Entire Agreement. This Agreement represents the entire integrated agreement between the City and the LIGHTHOUSE, superseding all prior negotiations, representations, or agreements, written or oral. This Agreement may be modified, amended, or added to, only by written instrument Packet Pg. 76 7.6.a properly signed by both parties hereto. Date: CITY OF EDMONDS Mike Nelson Mayor ATTEST/AUTHENTICATED: Scott Passey City Clerk Date: LIGHTHOUSE LAW GROUP PLLC Patricia Taraday Managing Member Packet Pg. 77 Consumer Price Index, Seattle area — June 2023 : Western Information Office : U.S. Bureau of Labor Statistics 7/2 U.S. BUREAU OF LABOR STATISTICS Bureau of Labor Statistics > Geographic Information > Western > News Release Western Information Office Search Western Region C Western Home Western Geography Western Subjects Western Archives Contact Western N O N Consumer Price Index, Seattle area — June 2023 V News Release ° U Area prices were up 1.0 percent over the past two months, up 4.6 percent Information from a year ago 23-1573-SAN p Prices in the Seattle area, as measured by the Consumer Price Index for All Urban Wednesday, July 12, 2023 Q Consumers (CPI-U), advanced 1.0 percent for the two months ending in June 2023, the v U.S. Bureau of Labor Statistics reported today. (See table A.) Regional Commissioner Chris Contacts 00 Rosenlund noted that the June increase was influenced by higher prices for shelter. (Data Technical information: N in this report are not seasonally adjusted. Accordingly, month -to -month changes may (415) 625-2270 v reflect seasonal influences.) BLSinfoSF@bls.gov N www.bls.gov/regions/west +, Over the last 12 months, the CPI-U advanced 4.6 percent. (See chart 1 and table A.) Food Media contact. v prices advanced 5.7 percent. Energy prices decreased 4.8 percent, largely the result of a (415) 625-2270 U decrease in the price of gasoline. The index for all items less food and energy increased 5.3 percent over the year. (See table 1.) Related Links ° E CPI historical databases w https://www.bls.gov/regions/west/news-release/consumerpriceindex_seattle.htm Page 1 of 6 Packet Pg. 78 Consumer Price Index, Seattle area - June 2023 : Western Information Office : U.S. Bureau of Labor Statistics 7/2 Chart 1. Over -the -gear percent change in CPI-U, Seattle -Tacoma -Bellevue, DIVA. June 00-June 2023 Percent change 11.0 1 10.0 9.0 8.0 7.0 6_0 5.0 d_0 3-0 2.0 1.0 -All ite ms All items less food and energy 00 i i i i i i i i i i i i i i i i i i Jun Aug Oct Dec Feb Apr Jun Aug Oct Dec Feb Apr Jun Aug Oct Dec Feb Apr Jun 00 2021 2022 2023 Source: U__ Bureau of Labor Statistics_ View Chart Data Food Food prices decreased 0.6 percent for the two months ending in June. (See table 1.) Prices for food at home increased 0.7 percent, with higher prices in five of the six subcategories. Prices for food away from home decreased 2.9 percent for the same period. Over the year, food prices advanced 5.7 percent. Prices for food at home advanced 2.7 percent since a year ago, led by higher prices for cereals and bakery products (11.9 percent). Prices for food away from home rose 10.1 percent. Energy The energy index rose 4.8 percent for the two months ending in June. The increase was mainly due to higher prices for gasoline (7.3 percent). Prices for natural gas service advanced 6.6 percent, but prices for electricity fell 0.2 percent for the same period. Energy prices decreased 4.8 percent over the year, largely due to lower prices for gasoline (-11.7 percent). Prices paid for natural gas service increased 26.0 percent, and prices for electricity advanced 7.4 percent during the past year. All items less food and energy The index for all items less food and energy advanced 1.0 percent in the latest two -month period. Higher prices for shelter (1.8 percent) and new and used motor vehicles (1.1 percent) were partially offset by lower prices for apparel (-1.2 percent), recreation (-0.7 percent), and medical care (-0.6 percent). Over the year, the index for all items less food and energy increased 5.3 percent. Components contributing to the increase included recreation (9.3 percent) and shelter (9.0 percent). Partly offsetting the increases were price decreases in used car U https://www.bIs.gov/regions/west/news-release/consumerpriceindex_seattIe.htm Page 2of6 Packet Pg. 79 Consumer Price Index, Seattle area - June 2023 : Western Information Office : U.S. Bureau of Labor Statistics 7/2 and trucks (-5.7 percent) and medical care (-1.9 percent). Table A. Seattle -Tacoma -Bellevue, WA, CPI-U 2-month and 12-month percent changes, all items index, not seasonally adjusted 2019 2- 12- Month month month 2020 2021 2- 12- 2- 12- month month month month 2022 2023 2- month 12- month 2- month 12- month February 0.7 2.7 1.0 2.5 1.2 1.7 1.7 8.1 1.4 8.0 April 0.5 2.4 -0.6 1.3 1.1 3.4 2.1 9.1 1.0 6.9 June 0.7 2.3 0.2 0.91 5.5 3.2 10.1 1.0 4.6 August 0.6 3.2 1.4 1.6 1.1 5.2 0.0 9.0 October -0.6 2.2 -0.1 2.1 1.1 6.5 1.0 8.9 I December -0.3 2.2 -0.4 1.4 0.6 7.6 0.1 8.4 The August 2023 Consumer Price Index for the Seattle area is scheduled to be released on September 13, 2023. Technical Note The Consumer Price Index (CPI) is a measures of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI-U) which covers approximately 93 percent of the total U.S. population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers approximately 29 percent of the total U.S. population. The CPI-U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self- employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Each month, prices are collected in 75 urban areas across the country from about 6,000 housing units and approximately 22,000 retail establishments - department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. The index measures price changes from a designated reference date; for most of the CPI-U the reference base is 1982-84 equals 100. An increase of 7 percent from the reference base, for example, is shown as 107.000. Alternatively, that relationship can also be expressed as the price of a base period market basket of goods and services rising from $100 to $107. For further details see the CPI home page on the internet at www.bls.gov/cpi and the CPI section of the BLS Handbook of Methods available on the internet at www.bls.gov/opub/hom/cpi . In calculating the index, price changes for the various items in each location are averaged together with weights that represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a local area is smaller, the local area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal https://www.bls.gov/regions/west/news-release/consumerpriceindex_seattle.htm Page 3 of 6 Packet Pg. 80 Consumer Price Index, Seattle area - June 2023 : Western Information Office : U.S. Bureau of Labor Statistics 7/2 influences. As a result, local area indexes show greater volatility than the national index, although their long-term trends are quite similar. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The Seattle -Tacoma -Bellevue, WA. metropolitan area covered in this release is comprised of King, Pierce, and Snohomish Counties in the State of Washington. Information in this release will be made available to individuals with sensory impairments upon request. Voice phone: 202- 691-5200; Telecommunications Relay Service: 7-1-1. Table 1. Consumer Price Index for All Urban Consumers (CPI-U): Indexes and percent changes for selected periods Seattle -Tacoma -Bellevue, WA (1982-84=100 unless otherwise noted) Percent change Indexes from - Item and Group Historical Apr. May Jun. Jun Apr. May data 2023 2023 2023 2022 2023 2023 Expenditure category All items .❑ 338.487 - 341.734 4.6 1.0 - AII items (1967=100) 0 1,031.840 - 1,041.737 - - - Food and beverages 0 356.206 - 354.681 5.9 -0.4 - Food 0 359.856 - 357.611 5.7 -0.6 - Food at home 0 317.957 317.109 320.164 2.7 0.7 1.0 Cereals and bakery products 0 369.443 368.866 381.218 11.9 3.2 3.3 Meats, poultry, fish, and eggs 0 281.785 281.414 283.915 -2.9 0.8 0.9 Dairy and related products 0 297.064 284.492 284.430 1.7 -4.3 0.0 Fruits and vegetables 0 487.291 481.277 490.926 2.3 0.7 2.0 Nonalcoholic beverages and beverage 0 414.397 409.817 416.516 7.0 0.5 1.6 materials(l) Other food at home 0 248.733 253.995 252.448 2.3 1.5 -0.6 Food away from home ❑ 428.296 - 415.872 10.1 -2.9 - Alcoholic beverages 0 309.934 - 314.675 8.0 1.5 - Housing 0 401.475 - 408.248 7.8 1.7 - Shelter .❑ 459.731463.751 468.014 9.0 1.8 0.9 Rent of primary residencew 0 464.518 467.782 472.469 9.8 1.7 1.0 Owners' equiv. rent of residencesU(3) 0 480.733 483.942 487.953 9.5 1.5 0.8 Owners' equiv. rent of primary 0 480.733 483.942 487.953 9.5 1.5 0.8 https://www.bls.gov/regions/west/news-release/consumerpriceindex_seattle.htm Page 4 of 6 Packet Pg. 81 Consumer Price Index, Seattle area - June 2023 : Western Information Office : U.S. Bureau of Labor Statistics 7/2 residence(l)(2) Fuels and utilities 0 325.150 - 330.003 6.9 1.5 - Household energy 0 294.691 298.969 299.043 9.0 1.5 0.0 Energy servicesW 0 346.198 351.757 351.757 11.9 1.6 0.0 Electricity(?) 0 363.653 363.093 363.093 7.4 -0.2 0.0 Utility (piped) gas serviceo 0 222.336 236.928 236.928 26.0 6.6 0.0 Household furnishings and operations 0 226.584 - 228.904 0.8 1.0 - Apparel 0 134.690 - 133.053 2.0 -1.2 - Transportation 0 293.047 - 300.377 -3.6 2.5 - Private transportation 0 304.925 - 314.359 -0.9 3.1 - New and used motor vehicles`) 0 126.648 - 128.069 0.7 1.1 - New vehicleso) 0 224.345 - 225.150 4.3 0.4 - Used cars and trucks(l) 0 442.808 - 461.673 -5.7 4.3 - Motor fuel 0 505.396 517.890 540.728 -12.0 7.0 4.4 Gasoline (all types) 0 514.512 527.829 551.912 -11.7 7.3 4.6 Gasoline, unleaded regular(a) 0 557.879 572.282 599.220 -11.8 7.4 4.7 Gasoline, unleaded midgradeL4)(5 0 407.643 417.822 434.728 -11.6 6.6 4.0 Gasoline, unleaded premium(4) 0 475.343 487.810 507.440 -10.9 6.8 4.0 Medical care 0 430.594 - 428.080 -1.9 -0.6 - Recreation(6) 0 122.865 - 121.981 9.3 -0.7 - Education and communication(6) 0 147.538 - 147.136 -0.5 -0.3 - Tuition, other school fees, and child caret) 0 - - - - - - Other goods and services 0 - - 509.841 9.4 - - Commodity and service group All items Commodities Commodities less food & beverages Nondurables less food & beverages 0 338.487 - 341.734 4.6 1.0 - 0 244.760 - 245.920 1.3 0.5 - 0 192.276 - 194.193 -1.8 1.0 - 0 228.781 - 231.536 -3.4 1.2 - Durables 0 155.882 - 157.164 0.1 0.8 - Services 0 424.705 - 430.180 6.6 1.3 - Special aggregate indexes All items less medical care 0 334.589 - 338.085 5.0 1.0 - N 0 N t� M c 0 U m c L 0 w Q U w N O N 14 N O N c� L c 0 W c 0 E w m 0 0 s 9 J O w 0 M N O N c m E 0 Q https://www.bls.gov/regions/west/news-release/consumerpriceindex_seattle.htm Page 5 of 6 Packet Pg. 82 Consumer Price Index, Seattle area — June 2023 : Western Information Office : U.S. Bureau of Labor Statistics 7/2 All items less shelter Commodities less food Nondurables Nondurables less food Services less rent of shelter(2) Services less medical care services 0 291.615 196.858 - 292.938 2.2 0.5 0 - 198.873 0 290.184 - 291.031 1.9 0.3 0 235.648 - 238.565 -2.4 1.2 0 392.457 - 394.076 3.5 0.4 0 420.170 - 426.221 7.4 1.4 Energy 0 409.165 417.638 428.895 -4.8 4.8 All items less energy All items less food and energy 0 338.641 - 341.254 5.3 0.8 0 335.286 - 338.646 5.3 1.0 2.7 Footnotes (1) Indexes on a November 1977=100 base. (2) This index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator. (3) Indexes on a December 1982=100 base. (4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base. (6) Indexes on a December 1997=100 base. - Data not available NOTE: Index applies to a month as a whole, not to any specific date. Last Modified Date: Wednesday, July 12, 2023 U.S. BUREAU OF LABOR STATISTICS Western Information Office Attn: EA & I, 90 Seventh Street Suite 14-100 San Francisco, CA 94103-6715 Telephone:1-415-625-2270_ www.bls.gov/regions/west Contact Western Region N 0 N Y M L Y 0 U W c `o Y a U https://www.bls.gov/regions/west/news-release/consumerpriceindex_seattle.htm Page 6 of 6 Packet Pg. 83 7.7 City Council Agenda Item Meeting Date: 08/15/2023 Conflict Counsel and Public Defense Assessor Rates Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History The City contracts with attorney's to provide conflict counsel services with their is a conflict with the Snohomish County Public Defenders. There are 3 conflict counsel on contract. Additionally the city also contracts with Mr. Bob Boruchowitz to provide assessment and advisement on our public defense services. Mr. Boruchowitz has reviewed the current compensation of the conflict counsel panel as well as his own contract and is making recommendations for changes to the hourly rates in those contracts. HR has reviewed his recommendations and find them to be appropriate based on both the inflation rate as well as parity with the City's other contracts for legal services. This proposal was reviewed by committee on 8/8/23 and moved to consent agenda for Council Staff Recommendation Approve on consent agena Narrative Please see attached memos from Mr. Boruchowitz Attachments: memo CITY to increase rate for conflict counsel Memorandum to increase Assessor compensation Packet Pg. 84 7.7.a Memorandum To: Carly Derrick, Jessica N. Hoyson From: Bob Boruchowitz Re: Conflict Counsel Rates July 24, 2023 I am writing to recommend that the City raise the assigned counsel rate to $150 per hour effective January 1, 2024, and to $175 effective January 1, 2025. It has been more than two years since the City agreed to raise the hourly rate for assigned counsel to $125 per hour. With this proposed increase, the rate would remain far below what the City pays its contract city attorney firm. The conflict panel lawyers receive cases when the primary defender, the Snohomish County Public Defender Association, has a conflict of interest, which can occur when there are co-defendants, when the Defender represents a witness in the case, and when there is some other relationship that poses a potential conflict of interest. The three conflict panel attorneys were assigned 40 cases in Edmonds from June 2022 to June 2023. They submit quarterly reports. I generally meet with each attorney by zoom or by phone at least once per year. I have observed and/or listened to recordings of all of them in court appearances. There has been approximately a 12 per cent increase in inflation in two years.' The Consumer Price Index rose .4% in April 2023. 2 At that rate, the rise for the year is likely to be 4.8%, or a total of approximately 17 % since the City agreed to raise the rate. My understanding is that the cost of living in Edmonds has increased even more than the national average.3 Public defense counsel rates nationally are increasing. The state of Maine recently raised its assigned counsel rate to $150 effective March 1, 2023.4 The Federal courts are paying $164 per hour for 1 US Inflation calculator at https://www.usinflationcalculator.com/. 2 News Release, Bureau of Labor Statistics, May 10, 2023, available at https://www.bls.gov/news.release/pdf/cpi.pdf. 3 According to Payscale.com, the cost of living in Edmonds is 35 per cent higher than the national average and 20.5 per cent higher than in Everett. htWs://www.payscale.com/cost-of-living-calculator/Washington-Edmonds 4 "Effective March 1, 2023: A rate of One Hundred Fifty Dollars ($150.00) per hour is authorized for time spent by Counsel, and billed using MCILS electronic case management system, on an assigned case on or after March 1, 2023. " 94-649-301 Me. Code R. 5 2https://casetext.com/regulation/maine-administrative-code/department-94- independentagencies /division-649-maine-commission-on-indigent-legal-services /chapter-301-fee-schedule-and- administrativeprocedures-for-payment-of-court-or-commission-as signed -counsel / section-649-301-2-hourly-rate-of- a ment Packet Pg. 85 7.7.a Memo on Conflict Panel Compensation Page 2 noncapital work.5 The Federal travel reimbursement rate is 62.5 cents per mile. The presumptive misdemeanor maximum payment for Federal appointments is $3600. According to the new contract with Lighthouse Law Firm, Edmonds is paying its city attorneys hourly rates between $253 and $336. If the City prevails in a legal matter and the tribunal awards reasonable attorney fees to the City, the rates used to calculate the fee award range between $266 and $354. The City has hired a new prosecution law firm. The contract with the firm provides that the monthly rate will be adjusted on a yearly basis "based on a three-year rolling average of One Hundred Percent (100%) Seattle -Tacoma -Bellevue CPI-U, averaging the current year with the previous two years to determine the adjustment percentage". In addition, for some services, the City agreed as follows to pay the prosecution firm hourly rates ranging between $150 and $300 per hour: a. Non -criminal services, including but not limited to Extreme Disk Protection Orders, animal control matters, or other civil matters — $250.00 per hour b. Civil forfeiture cases — flat fee of S300.00 per case unless removed from a hearing before the chief law enforcement of cer, then billed at $150.00 per hour thereafter. Defense conflict panel attorneys must pay their own overhead, including office rent, equipment, insurance, utilities, electronic legal research costs, mandatory continuing legal education training, compensation for any support staff they have, state bar dues and fees ($478 in 2023), transportation costs, and provide for their own medical, dental, and life insurance and retirement benefits. We encourage the attorneys to belong to the Washington Defender Association that provides training and consultation advice. Dues for WDA are $200 per year. Unlike city employees who are paid for vacation and sick leave, the conflict panel attorneys are only paid for hours they bill for work on cases. As you know, "The City offers Medical, Dental and Vision insurance through the Association of WA Cities (AWC) to all regular full and part-time employees."' And eligible employees participate in the State Department of Retirement Systems (DRS) pension system. The conflict panel includes a lawyer with more than 17 years of experience, one with approximately 29 years of experience, and one with 10 years of experience. The lead attorney at Lighthouse has 24 years of experience and one of the attorneys at the lowest hourly rate has 23 years of experience and another has 11 years of experience. It is common for lawyers in private practice in the Puget Sound area to charge at least $300 per hour. One Seattle law firm advertises its rates as follows: 5 CJA Panel Attorney Hourly Rates, available at https:/ /www.are.uscourts.gov/sites/are/files/CJA%20Rate%2OSchedule.pdf. G Employee benefits web page, https://www.edmondswa.gov/cros/One.aspx?portalId=16495016&pageId=17263650. Packet Pg. 86 7.7.a Memo on Conflict Panel Compensation Page 3 Attorney Hourly Rates can range between $350 to $450 an hour. Paralegal and Legal Assistant Hourly Rates can range between $150 and $280 an hour. One -hour consultations are billed at a reduced hourly rate of $225 and are not subject to the 3% card processing fee.7 My recommended rate of $150 per hour for conflict panel counsel in 2024 and $175 in 2025 would still represent a considerable discount from what lawyers in the region can charge. Despite some outreach to experienced defense attorneys this year, I have received no new applications to be on the panel. I suspect that the relatively low hourly rate for Edmonds cases is a deterrent to lawyers who can earn substantially more in private practice. It would be good to have at least one more lawyer on the panel, and I hope that increasing the hourly rate would encourage applicants. Please let me know if you have questions. Thank you for your consideration. 7 Knauf Santos Law, web page at https://www.knaufsantoslaw.com/about-our-family-law-practice/how-you-arebifled/. Packet Pg. 87 7.7.b Memorandum To: Carly Derrick, Jessica N. Hoyson From: Bob Boruchowitz Re: Compensation for 2024 July 3, 2023 As you requested, I am providing a memorandum outlining my work as the Edmonds Assessor for Public Defense. I request an increase in the compensation for my work to $300 per hour in 2024. Below is a summary of my work in the past 12 months. In January 2023, I prepared and sent my annual report to you. I observed on zoom part of court proceedings in June 2022 and December 2022. I listened to recordings of court hearings from July, September, October, November, and December 2022, and from January, February, and June 2023. I listened to one of the Defender attorneys' trials in January 2023. During this period, I have been able to listen to and/or observe at least one court appearance by all of the Defender attorneys and all of the conflict counsel. I had zoom meetings nearly every month with the Snohomish County Defender Director and the supervisor for Edmonds defenders, and separately with the defender staff attorneys and occasionally their investigator. Prior to the meetings with the Director, I reviewed the Defender's monthly reports and often sent the Director and supervisor questions about the reports that we then discussed in our meetings. I reviewed the Defenders' quarterly certifications. I reviewed the invoices and quarterly certifications from the conflict panel counsel and periodically exchanged emails with them about the work. In February 2023, I met by zoom with the longest -serving conflict counsel. In June 2023, I talked by phone with the most recent member of the panel. I have sent an application to a prospective new member of the conflict panel. I met by zoom with Judge Rivera in October 2022 and April 2023. I have had email exchanges with the Judge and her Clerk. In September 2022 I attended by video a training on attorney -client relations that the Defenders presented to their attorneys. As you know, I have worked for the City since 2015, when I was paid $250 per hour. The City is paying me $275 per hour now. According to the CPI calculator, $250 in May 2015 had the same buying power as $319.72 now. Packet Pg. 88 7.7.b $ 250.00 in May 2015 has the same buying power as $319.72 in May t J C 2023 CPI Inflation Calculator bls.gov I have 49 years of experience in public defense, as a staff attorney, a director of a large non-profit defender office, as the founding president of the Washington Defender Association, as a clinical law teacher, and as a volunteer member of a variety of state and national organizations and committees working on public defense issues. I have continued to speak and write about public defense. I have been an expert witness on public defense issues on cases in Washington, New York, Louisiana, and California. I have participated in assessments of defender services in Utah, Idaho, Louisiana, Mississippi, Michigan, Illinois, New Hampshire, Nevada, Oregon, and the District of Columbia. For work on my most recent expert witness agreements, I am being paid $300 per hour. This remains below what Edmonds is paying its most senior city attorneys. It also is lower than what many attorneys in the region charge per hour. According to the new contract with Lighthouse Law Firm, Edmonds is paying its city attorneys hourly rates between $253 and $336. If the City prevails in a legal matter and the tribunal awards reasonable attorney fees to the City, the rates used to calculate the fee award range between $266 and $354. Large law firms nationally are charging more than $900 per hour for associate lawyer work.' Some of the most experienced partners in large firms charge as much as $1750 per hour.2 One Seattle law firm advertises its rates as follows: Attorney Hourly Rates can range between $350 to $450 an hour. Paralegal and Legal Assistant Hourly Rates can range between $150 and $280 an hour. One - hour consultations are billed at a reduced hourly rate of $225 and are not subject to the 3% card processing fee.3 The managing attorney in that firm was admitted to the Bar in 2005.4 1 `BigLaw Firms Offer Second -Year Associates Nearly $1,000 Per Hour," JD Journal, April 4, 2023, available at https: / /www.jdj ournal.com/2023/04/04/biglaw-firms-offer-second-year-associates-nearly-1000-per-hour/. 2 "This Biglaw Partner's Nearly $2,500 Hourly Rate Is Raising Some Brows", Above the Law, May 25, 22022, at https: / /abovethelaw.com/2022/05/this-biglaw-partners-nearly-2500-hourly-rate-is-raising-some-brows/. 3 Knauf Santos Law, web page at https://www.knaufsantoslaw.com/about-our-family-law-practice/how-you-arebiBed/. 4 https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000036234. Packet Pg. 89 7.7.b My requested $300 hour rate is reasonable. Please let me know if you have questions and thank you for your consideration. I have enjoyed working with Edmonds and I look forward to continuing the work. Packet Pg. 90 7.8 City Council Agenda Item Meeting Date: 08/15/2023 Ordinance to amend ECC 10.55 Edmonds Youth Commission Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History Earlier this year the Edmonds City Council adopted Ordinance 4308 to standardize certain processes related to its boards and commissions. Ordinance 4308 created a new section that reads, "Incumbents who are eligible and interested in serving another term need not submit an application to be considered for re -appointment to another term." Chapter 10.55 ECC, entitled "Edmonds Youth Commission," currently contains language that probably requires incumbents to submit an application to be considered for re -appointment. This issue is timely because a question has been posed recently as to whether a current valued member of the Youth Commission could be reappointed without going through the full application process that is used for open positions. This topic was discussed during the August 8, 2023 PSPHSP committee, and the proposed change was supported by both committee and staff. It was recommended to the consent agenda at the next available meeting. Minutes for this meeting may not be prepared for attachment, but video is reviewable on the city website. Recommendation Review and Adopt the ordinance amending ECC 10.55. Narrative The attached proposed ordinance would better align chapter 10.55 ECC with the council's recent adoption of Ordinance 4308, allowing incumbent Youth Commission members to be reappointed without submitting a new application. Attachments: 2023-08-03 Youth Commission amendments ordinance ECC 10.55.020 Appointment, membership and terms of appointment. Packet Pg. 91 7.8.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON RELATED TO THE EDMONDS YOUTH COMMISSION AND THE APPOINTMENT OR REAPPOINTMENT OF ITS MEMBERS WHEREAS, earlier this year the Edmonds City Council adopted Ordinance 4308 to standardize certain processes related to its boards and commissions; and WHEREAS, Ordinance 4308 created a new section that reads, "Incumbents who are eligible and interested in serving another term need not submit an application to be considered for re -appointment to another term; and WHEREAS, chapter 10.55 ECC, entitled "Edmonds Youth Commission," contains language that probably requires incumbents to submit an application to be considered for re- appointment; and WHEREAS, this issue is timely because a question has been posed recently as to whether a current valued member of the Youth Commission could be reappointed without going through the full application process that is used for open positions; and WHEREAS, the Edmonds City Council would like to better align chapter 10.55 ECC with Ordinance 4308; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Edmonds City Code, section 10.55.020, entitled "Appointment, membership and terms of appointment," is hereby amended to read as set forth in Exhibit A hereto, which is incorporated herein by this reference as if set forth in full (deleted text shown in s4ikethr-eugh; new text shown in underline). Section 2. 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 3. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. APPROVED: Packet Pg. 92 7.8.a MAYOR MIKE NELSON 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. Packet Pg. 93 7.8.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 RELATED TO THE EDMONDS YOUTH COMMISSION AND THE APPOINTMENT OR REAPPOINTMENT OF ITS MEMBERS The full text of this Ordinance will be mailed upon request. DATED this day of , 2023. CITY CLERK, SCOTT PASSEY Packet Pg. 94 7.8.b 10.55.020 Appointment, membership and terms of appointment. The youth commission consists of nine voting members and two alternates. The members of the commission shall be appointed in the following manner: A. Each council member may appoint one commission member, to commission positions 2 through 8, respectively, according to the table below: Appointing City Council Position Corresponding Edmonds Youth Commission Position 1 2 2 3 3 4 4 5 5 6 6 7 7 8 B. The mayor may appoint four members, positions 1 and 9 and alternates 10 and 11. C. Each member shall be appointed to a term of two years beginning October 1st and ending September 30th. Graduating seniors will be appreciated as they leave the commission in June, and new appointments will be made for those vacant positions the following October. D. An alternative commissioner shall be appointed to serve in the event any regular commissioner is absent or disqualified for any reason. In the event a regular commissioner is absent or disqualified for any reason, such as lack of participation, multiple absences, or any other reason, the alternate shall have all the powers of a regular commissioner. If two alternates are present and only one is needed, position 10 shall be the one entitled to vote. E. The city council and mayor s4A may either reappoint an incumbent or appoint a new members to fill toe expiring terms on the youth commission. If, for any reason, such as disqualification or inability to complete their term, a vacancy occurs during the term of a youth commission member, that position may be deemed vacant by the holder of the office that appointed the commissioner (e.g., mayor or council member) and such office holder may appoint a replacement commissioner for the remainder of the unexpired term for that position F. Eligibility. Persons appointed to serve on the commission shall reside within, but need not attend school within, the city of Edmonds city limits, and must be entering grades nine through 12, or be of equivalent age if not enrolled in a traditional school program. Packet Pg. 95 7.8.b G. Recruitment of New Commissioners. This subsection applies only when an incumbent commissioner is not being reappointed to their position. In such cases, n-dew commissioners shall be recruited in September of each year for positions whose terms will be ending that year. Recruiting efforts should be structured to encourage candidates to apply from a wide range of backgrounds, perspectives, schools and neighborhoods. In October of each year, appointments shall be made from the body of applicants to positions whose terms are expiring. Then -;hall-be PA tprm limits as leRg as eligibility as met. H. Term Limits. There shall be no term limits as long as eligibility is met. Packet Pg. 96 7.9 City Council Agenda Item Meeting Date: 08/15/2023 Ordinance for PFD Charter Amendment Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History The creation of the Edmonds Public Facilities District was authorized and approved by the City of Edmonds in 2001. A charter was created and approved by the City; subsequent amendments and restatements to the Charter must be approved by city Ordinance. The updated charter and ordinance (attached) were reviewed and discussed during Finance Committee meeting on August 8, 2023. Staff Recommendation Staff recommends that the Amended and Restated PFD Charter and accompanying Ordinance be approved tonight on Consent. Narrative The Edmonds Public Facilities District charter was amended in 2021 and that amendment was approved by Council at that time. It recently came to our attention that the Amended and Restated Charter was approved in 2021, but not by Ordinance. While reviewing the updated 2021 charter it was noticed that one small change needed to be made, which was that charter section 5.02 be clarified to state that a board member would need to miss three regular meetings for removal to be possible. (Added the word regular.) This change has been made to the updated charter, approved by the PFD, and an accompanying Ordinance has been prepared and is attached herein for Council approval. Attachments: 2023-08 Amended and Restated PFD Charter 2023-08 ordinance for PFD charter amendment Packet Pg. 97 7.9.a EDMONDS PUBLIC FACILITIES DISTRICT CHARTER r c a� E c a� E Q L U u- d O d v L O L L U LL d a� cu N a� c R a� c aD E Q co 0 M N O N r C d E t V fa r Q Packet Pg. 98 7.9.a AMENDED AND RESTATED CHARTER of the EDMONDS PUBLIC FACILITIES DISTRICT Packet Pg. 99 7.9.a TABLE OF CONTENTS ARTICLE I NAME Section 1.01 Name ARTICLE II NATURE AND PURPOSES Section 2.01 Nature of the District Section 2.02 Purposes Section 2.03 Limitations on Liability Section 2.04 Mandatory Disclaimers ARTICLE III PERPETUAL EXISTENCE Section 3.01 Perpetual Existence ARTICLEN POWERS; INDEMNIFICATION Section 4.01 Power Section 4.02 Indemnification ARTICLEV BOARD OF DIRECTORS; EXECUTIVE DIRECTOR; ATTORNEY A Section 5.01 Board Powers Section 5.02 Board Composition Section 5.03 Board Officers Section 5.04 Removal of Board Members Section 5.05 Executive Director Section 5.06 Conflict of Interest Section 5.07 Attorney ARTICLE VI MEETINGS Section 6.01 Board Meetings Section 6.02 Board Quorum and Concurrence Section 6.03 Open Public Meetings Section 6.04 Minutes ARTICLE VII BYLAWS Section 7.01 Bylaws Page r c E c 1 � E Q 2 2 2 U 0 2 a 2 `0 4- am 3 c 0 c 3 0 3 L a� 3 2 4 4 5 5 5 5 6 6 6 6 6 6 6 Packet Pg. 100 7.9.a ARTICLE VIII AMENDMENT TO CHARTER 7 Section 8.01 Proposals to Amend Charter 7 Section 8.02 Board Consideration of Proposed Amendments 7 Section 8.03 Vote Required for Proposals to Amend the Charter 7 Section 8.04 City Council Approval of Proposed Charter Amendments 7 ARTICLE IX COMMENCEMENT 7 Section 9.01 Commencement 7 ARTICLEX DISSOLUTION 7 Section 10.01 Dissolution 8 ARTICLE XI MISCELLANEOUS 8 Section 11.01 Liberal Construction and Severability 8 r c a� E c a� E Q L L U 0 LL a. .° a) U c ns c =a L O Packet Pg. 101 7.9.a AMENDED AND RESTATED CHARTER of the EDMONDS PUBLIC FACILITIES DISTRICT WHEREAS, the City Council (the "Council") of the City of Edmonds, Washington (the "City") has determined that it is in the best interests of the City and its citizens to create a public facilities district coextensive with the boundaries of the City and to explore the possible acquisition, construction, operation, promotion and financing of a convention center, conference center, special events center and/or related parking and other facilities within the City (the "Regional Center"); and WHEREAS, Laws of Washington, 1999, Chapter 165, codified as Chapter 35.57 of the Revised Code of Washington (the "Act") authorizes the Council, as the legislative authority of a city located in a county with a population of less than one million, to create a public facilities district coextensive with the boundaries of the City for the purposes, inter alia, of acquiring, constructing, operating, promoting and financing a Regional Center; and WHEREAS, pursuant to Ordinance No. 3358 of the City, passed on April 24, 2001, the City authorized and approved the creation of a public facilities district, designated as the Edmonds Public Facilities District (the "District"), coextensive with the boundaries of the City, to assist in the possible acquisition, construction, operation, promotion and financing_ of a Regional Center; NOW, THEREFORE, this Charter is hereby granted to and approved by the District. ARTICLE I NAME Section 1.01 Name. The name of the public facilities district shall be the "Edmonds Public Facilities District." Packet Pg. 102 7.9.a ARTICLE II NATURE AND PURPOSES Section 2.01 Nature of the District. The District shall be a public facilities district organized pursuant to the Act and Ordinance No. 3358. The boundaries of the District shall be coextensive with the boundaries of the City. The District shall be a municipal corporation, an independent taxing "authority" within the meaning of Article VII, Section I of the Constitution of the State of Washington (the "Constitution"), and a "taxing district" within the meaning of Article VII, Section 2 of the Constitution. The District shall be an entity independent of and separate from the City. Section 2.02 Purposes. The purpose of the District shall be to provide a separate Legal entity pursuant to the Act and Ordinance No. 3358 to acquire, construct, own, remodel, maintain, equip, re -equip, repair, finance and operate a Regional Center (as hereinafter defined) and to carry on any other related activities in connection with the foregoing. "Regional Center" shall mean a convention, conference or special events center, or any combination of facilities, and related parking facilities, serving South Snohomish County, Washington, constructed, improved or rehabilitated after the effective date of Chapter 165, Laws of 1999, at a cost of at least ten million dollars, including debt service. These purposes are hereby declared to be public purposes. No part of the revenues of the District shall inure to the benefit of its directors or officers, or to any private person. Section 2.03 Limitations on Liability. All debts, liabilities and other obligations incurred by the District ("Obligations") shall be satisfied: (a) in the case of Obligations which, by their terms, are not payable from a special or limited source of funds, exclusively from the revenues, assets and properties of the District, and (b) in the case of Obligations which, by their terms, are payable from a special or limited source of funds, exclusively from such revenues, assets and properties of the District as shall be specifically pledged thereto or otherwise identified as being the source of payment thereof. No creditor, claimant or other person shall have any right of action against or recourse to the City or its revenues, assets or properties on account of or with respect to any such Obligations, or otherwise on account of or with respect to any acts or omissions of the District or its officers, employees or agents. Section 2.04 Mandatory Disclaimers. A disclaimer in substantially the following form shall be posted in a prominent place accessible to the public in the District's principal office and any other administrative offices. It shall also be printed or stamped on all contracts, bonds and other documents that evidence or create any Obligation which, by its terms, is not payable from a special or limited source of funds. The Edmonds Public Facilities District is a public facilities district established pursuant to Ordinance No. 3358 of the City of Edmonds, Washington, and the laws of the State of Washington, including, but not Packet Pg. 103 7.9.a limited to, Chapter 35.57 of the Revised Code of Washington. All debts, liabilities and other obligations incurred by the District shall be satisfied exclusively from the revenues, assets and properties of the District. No creditor, claimant or other person shall have any right of action against or recourse to the City of Edmonds, the State of Washington, or any other political subdivision of the State of Washington on account of or with respect to any debts, liabilities or other obligations of the District, or otherwise on account of or with respect to any acts or omissions of the District or its officers, employees or agents. In addition, a disclaimer in substantially the following form shall be printed or stamped on all contracts, bonds and other documents that evidence or create any Obligation which, by its terms, is payable from a special or limited source of funds. The Edmonds Public Facilities District is a public facilities district established pursuant to Ordinance No. 3358 of the City of Edmonds, Washington, and the laws of the State of Washington, including, but not limited to, Chapter 35.57 of the Revised Code of Washington. The obligations of the District with respect to [describe the contract, bond or other document] shall be and remain special, limited obligations of the District payable solely from [describe the particular revenues, assets or properties of the District from which the obligations are payable]. In no event shall such obligations be payable from or secured by any revenues, assets or properties of the District other than those described in the preceding sentence, or by any revenues, assets or properties of the City of Edmonds, the State of Washington or any other political subdivision of the State of Washington. No creditor, claimant or other person shall have any right of action against or recourse to the City of Edmonds, the State of Washington, or any other political subdivision of the State of Washington on account of or with respect to any debts, liabilities or other obligations of the District, or otherwise on account of or with respect to any acts or omissions of the District or its officers, employees or agents. ARTICLE III PERPETUAL EXISTENCE Section 3.01 Perpetual Existence. The District shall have a perpetual existence until dissolved in accordance with this Charter and the Act. Packet Pg. 104 7.9.a ARTICLE IV POWERS; INDEMNIFICATION Section 4.01 Powers. Except as otherwise provided herein, the District shall have and may exercise all lawful powers conferred upon public facilities districts as of the date hereof by the laws of the State of Washington, including the Act, or as hereafter granted to the District by statute. Such powers shall include, but are not limited to, the following: (a) To hire employees, staff, and services, to enter into contracts, to direct agents and services acquired pursuant to interlocal agreement, and to sue and be sued; (b) To acquire and transfer real and personal property by lease, sublease, purchase or sale; (c) To acquire, construct, own, remodel, maintain, equip, re -equip, repair, finance and operate a Regional Center, and to -develop, promote and advertise such Regional Center, and to exercise all powers reasonably necessary to fulfill its charge as defined by ordinance, charter and state statute; (d) To impose fees and charges for the use of its facilities, and to accept and expend or use gifts, grants and donations. (e) To impose charges, fees and taxes authorized by the Act, provided; however, that no such taxes shall be imposed without either a public vote or the prior consent and approval of the City by ordinance; (f) To contract with public or private entities for the operation or management of its public facilities; and (g) To issue its general obligation bonds and revenue bonds pursuant to the Act. Section 4.02 Indemnification. To the extent permitted by law, the District shall protect, defend, hold harmless and indemnify any director, officer, employee or agent of the District who is a party or threatened to be made a party to a proceeding by reason related to that person's conduct as a director, officer, employee or agent of the District, against judgments, fines, penalties, settlements and reasonable expenses (including attorneys' fees) incurred by him or her in connection with such proceeding, if such person acted in good faith and reasonably believed his or her conduct to be in the District's best interests and if, in the case of any criminal proceedings, he or she had no reasonable cause to believe that his or her conduct was unlawful. The indemnification and protection provided herein shall not be deemed exclusive of any other rights to which a person may be entitled as a matter of law or by contract or by vote of the Board of Directors. The District may purchase and maintain appropriate insurance covering such risks. Packet Pg. 105 7.9.a ARTICLE V BOARD OF DIRECTORS; EXECUTIVE DIRECTOR Section 5.01 Board Powers. All powers of the District shall be exercised by or in the name of the Board of Directors (the "Board"). The powers of the Board shall include, but are not limited to, the following: (a) To establish and implement the policies and programs of the District, and the procedures for the management and administration of the District's affairs; (b) To appoint and remove, at the pleasure of the Board, the District's officers, agents and employees, and to prescribe their respective powers and duties consistent with the provisions hereof; (c) To borrow money and incur indebtedness in accordance with the Act; and (d) To provide for the investment of the District's funds. Section 5.02 Board Composition. The Board shall be composed of five (5) members appointed by the Council to four (4) year terms. However, of the initial members, one shall be appointed for a one-year term, one shall be appointed for a two-year term, one shall be appointed for a three-year term and the remainder shall be appointed for four-year terms. Two of the members of the Board shall be appointed at the sole discretion of the Council so long as neither appointee is a member of the Council. Three of the members of the Board shall be appointed by the Council based upon the recommendations of local organizations that may include, but are not limited to, the Edmonds Chamber of Commerce, local economic development organizations and local labor councils. Following appointment of initial members, members of the Board shall be appointed by the Council based upon the recommendations of the Edmonds Center for the Arts or its successor organization consistent with the requirements of RCW 35.57.010. Board members need not be residents of the City of Edmonds. A vacancy or vacancies on the Board shall be deemed to exist in case of the death, disability, resignation, or removal. A vacancy caused by resignation shall be deemed to exist upon the effective date of the resignation, with no formal acceptance thereof necessary. A Board member may be removed by the affirmative vote of the Board when the member fails to attend three consecutive regular meetings of the Board without approval from the Board. Vacancies on the Board shall be filled by appointment in accordance with the above provisions. Any person selected to fill a vacancy on the Board shall serve the balance of the term of the person being replaced. No member of the Board shall serve more than eight (8) consecutive years as a member of the Board (the "Term Limit"); except when a member is appointed mid-term to fill a vacant position the appointee may serve out this partial term and then be eligible to serve two (2) additional four (4) year terms; and except that members of the Board serving four (4) year terms at the time the District adopts the Term Limit shall be permitted to serve the Packet Pg. 106 7.9.a remainder of their current terms unless they resign, or are removed, pursuant to this Charter. Section 5.03 Board Officers. The Board shall include three or more officers. The same person shall not occupy both the office of President and any office responsible for the custody of funds and maintenance of finances and accounts. The officers of the Board shall be the President, the Vice-President/Secretary and the Treasurer. The Treasurer shall be the City of Edmonds Finance Director and shall serve as an ex officio member of the Board. Additional officers may be provided for in the Bylaws of the District. The District may contract with the City for the services of the City Administrative Services Director as custodian of the District's funds. Section 5.04 Removal of Board Members. The Council may by resolution remove any or all Board members, with or without cause; provided, that on the date of or prior to such removal the Council shall appoint a replacement for each member removed in accordance with the provisions hereof. A copy of the resolution removing a Board member and a letter signed by the Mayor of the City advising such member of his or her removal shall be delivered to such Board member promptly following the adoption of any such resolution. Section 5.05 Executive Director. The Board may appoint an Executive Director. The Executive Director shall be the chief administrative officer of the District and shall be subject to supervision by the Board. The Executive Director shall have such powers and perform such duties as may be prescribed from time to time by the Board, and shall be entitled to notices of all meetings of the Board; provided, however, that the Executive Director shall not be entitled to be present during any discussions relating to his or her employment or performance unless permitted by the Board or as required by law. The Executive Director shall be the agent of the District for purposes of receiving service of process The Executive Director shall have primary responsibility for all matters involving day-to-day operations of the District, and shall make recommendations to the Board on practices, policies and programs of the District. The District may contract with the City for the services of an Executive Director. In the absence of an Executive Director, all powers otherwise delegated to the Executive Director may be exercised by the President of the Board. Section 5.06 Conflict of Interest. No member of the Board nor the Executive Director shall be beneficially interested, directly or indirectly, in any contract, sale, lease or purchase which may be made by, through or under supervision of such official, in whole or in part, or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any other person beneficially interested therein. This section shall not apply to any remote interest of any such official. Packet Pg. 107 7.9.a Section 5.07 Attorney. The Board may be represented by the City Attorney of the City of Edmonds or engage separate legal counsel of its choosing. Any potential conflicts of interest involving the City Attorney shall be determined and resolved by reference to Title 1 of the Rules of Professional Conduct, as that Title now exists or may be amended. ARTICLE VI MEETINGS Section 6.01 Board Meetings. Regular Board meetings shall be held on the fourth Thursday of each month or as set forth by separate Board Resolution. There shall be at least one Regular Board meeting in each calendar quarter of the year Special Board meetings shall be held from time to time as determined necessary by the Board. Board Meetings shall be conducted pursuant to the Open Public Meetings Act. Section 6.02 Board Quorum and Concurrence. A quorum to commence a Board meeting shall be no fewer than three (3) members. The Bylaws of the District may prescribe Board quorum restrictions that equal or exceed the quorum restrictions imposed in this Section. Board members present either in person or virtually at a duly convened meeting may continue to transact business notwithstanding the withdrawal of enough members to leave less than a quorum; provided, any action shall be approved by at least three (3) members. Board concurrence may be obtained at any regular or special meeting by an affirmative vote of a majority of the Board members voting on the issue; provided, that such majority shall include not less than three (3) votes. Voting by proxy shall not be permitted. Section 6.03 Open Public Meetings. Notice of meetings shall be given in a manner consistent with the Open Public Meetings Act, Laws of Washington 1971, Extraordinary Session, Chapter 250, codified as Chapter 42.30 of the Revised Code of Washington, as supplemented and amended. In addition, the District shall provide reasonable notice of meetings to any individual specifically requesting it in writing. The District shall define in its Bylaws the opportunity for public comment to be granted at Board meetings. Section 6.04 Minutes. Copies of the minutes of all regular or special meetings of the Board shall be available to any person or organization that requests them as required by State law; provided, however, that minutes with respect to closed executive sessions need not be made available. The minutes of all Board meetings shall include a record of individual votes on all matters requiring Board concurrence. Packet Pg. 108 7.9.a ARTICLE VII BYLAWS Section 7.01 Bylaws. The Board shall adopt Bylaws to provide additional rules, that are not inconsistent with this Charter, governing the District and its activities. ARTICLE VIII AMENDMENT TO CHARTER Section 8.01 Proposals to Amend Charter. Any Board member may introduce a proposal to amend the Charter at any regular meeting or special meeting of the Board. Section 8.02 Board Consideration of Proposed Amendments. If notice of a proposal to amend the Charter and information, including the text of the proposed amendment and a statement of its purpose and effect, is provided to members of the Board fifteen (15) days prior to any regular Board meeting or any special meeting of which thirty (30) days advance notice has been given, then the Board may vote on the proposal at the same meeting at which the proposal is introduced. If such notice and information is not so provided, the Board may not vote on the proposal until the next regular meeting or a special meeting of which thirty (30) days advance notice has been given, and in each case at least fifteen (15) days prior to which meeting such notice and information is provided to Board members. The Board may waive the notice time periods set forth in this Section upon the affirmative vote of the Board. Amendments to the proposal within the scope of the original proposal will be permitted at the meeting at which the vote is taken. Section 8.03 Vote Required for Proposals to Amend the Charter. Resolutions of the Board approving proposals to amend the Charter shall require an affirmative vote of a majority of the Board members voting on the issue; provided, that the total number of Board members voting on any such proposal shall equal at least four. Section 8.04 City Council Approval of Proposed Charter Amendments. Proposals to amend the Charter that are approved by the Board shall be submitted to the Council for consideration. The Charter may be amended only by ordinance of the Council. After the District has been created, no amendments shall be undertaken to this Charter except pursuant to a proposal of the Board. ARTICLE IX COMMENCEMENT Section 9.01 Commencement. The District shall commence its existence effective upon the adoption of Ordinance No. 3358. This Charter shall be effective as of the effective date of City of Edmonds Ordinance No. 3361. Packet Pg. 109 7.9.a ARTICLE X DISSOLUTION Section 10.01 Dissolution. The District may be dissolved pursuant to an ordinance passed by the Council and in such manner as may be required by State law; provided, however, that the District shall not be dissolved so long as it has any outstanding Obligations. Upon dissolution of the District and the winding up of its affairs, title to all remaining property and assets of the District shall vest in the City to be used for public purposes consistent with the powers granted to the City under Title 35A RCW, and, in the event of donated funds or property, consistent with the terms, if any, of such donation. ARTICLE XI MISCELLANEOUS Section 11.01 Liberal Construction and Severability. This Charter shall be liberally construed in order to affect its purposes. If any section or part of this Charter is ultimately ruled invalid or illegal by a court of competent jurisdiction, such invalidity or illegality shall not affect the remaining sections or parts of this Charter. THIS CHARTER IS EXECUTED AS OF THIS DAY OF , 2023. CITY OF EDMONDS mm MAYOR ATTEST/AUTHENTICATED City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: :• Packet Pg. 110 7.9.b ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, GRANTING AN AMENDED AND RESTATED CHARTER TO THE EDMONDS PUBLIC FACILITIES DISTRICT. WHEREAS, pursuant to Chapter 165, Laws of 1999, the city council of the City of Edmonds passed Ordinance No. 3358 on April 24, 2001, creating the Edmonds Public Facilities District (the "District"); and WHEREAS, the city council granted the District a charter with Ordinance 3361 for the purpose of establishing the District's organizational scheme, defining the District's powers and regulating the mode of exercise thereof, and WHEREAS, the District proposed certain amendments to that charter in 2021; and WHEREAS, those charter amendments were approved by the city council on September 21, 2021, but not through an ordinance; and WHEREAS, an amendment suggested by the city attorney on September 14, 2021 was not included in the September 21, 2021 draft; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Charter Amendment. The charter of the Edmonds Public Facilities District, attached hereto as Exhibit A and incorporated herein by this reference as if set forth in full, is hereby granted to the District. The mayor is hereby authorized and directed to execute said charter Section 2. 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. Packet Pg. 111 7.9.b 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. APPROVED: MAYOR MIKE NELSON ATTEST/AUTHENTICATED: 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. Packet Pg. 112 7.9.b 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, GRANTING AN AMENDED AND RESTATED CHARTER TO THE EDMONDS PUBLIC FACILITIES DISTRICT. The full text of this Ordinance will be mailed upon request. DATED this day of , 2023. 4840-7251-8158,v. 1 3 CITY CLERK, SCOTT PASSEY Packet Pg. 113 7.10 City Council Agenda Item Meeting Date: 08/15/2023 Ordinance to close Parks Trust Fund 136 Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History The Finance Department periodically reviews the city's funds and other aspects of its financial structure to improve efficiency and effectiveness, including reviewing city funds to identify unused or dormant funds. This ordinance was discussed in the August 8, 2023 Finance Committee and the Committee's recommendation was for it to be placed on consent for approval by full council. Staff Recommendation Staff recommendation is for this Ordinance to be approved on Consent. Narrative Fund 136, Parks Trust Fund, was established in 2003 via Ordinance 3466 to improve the city's parks, especially through the city's Flower Program, the Beach Ranger Program and Yost Pool. For several years now while these functions have continued to be carried out by the Parks Department, the accounting for those functions has been done in the Gifts Catalog Fund and the General Fund, rendering Fund 136 redundant and duplicative. It has seen no significant use or activity for several years and therefore should be closed. The attached Ordinance accomplishes this. Attachments: August 8 2023 Ordinance to Close Fund 136 Parks Trust Packet Pg. 114 7.10.a W A 11 10F.110161\� .... AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS CITY CODE TO REPEAL CHAPTER 3.16 PARKS TRUST FUND, AUTHORIZING THE CLOSURE OF THE PARKS TRUST FUND, REPEALING ORDINANCE 3466 AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Ordinance 3466 created Chapter 3.16 Parks Trust Fund in the Edmonds City Code; and WHEREAS, Chapter 3.16 authorized the creation of the Parks Trust Fund; and WHEREAS, the Parks Trust Fund has not been actively used for many years, and WHEREAS, the original purposes for which the Parks Trust Fund was created are being carried out by the Parks Department and accounted for in other City funds, and WHEREAS, it is a best practice in fund accounting to not utilize more funds than are necessary; and WHEREAS, all of the assets, liabilities, and fund balances previously existing in the Parks Trust Fund have been transferred to other City funds, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: 3.16. Section 1. The Edmonds City Code is hereby amended by the repeal of Chapter Section 2. The Administrative Services Director is authorized to close the PARKS TRUST FUND. Packet Pg. 115 7.10.a 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. APPROVED: MAYOR, MIKE NELSON ATTEST/AUTHENTICATE: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: C JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 116 7.10.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, AMENDING THE EDMONDS CITY CODE TO REPEAL CHAPTER 3.16 PARKS TRUST FUND, AUTHORIZING THE CLOSURE OF THE PARKS TRUST FUND, REPEALING ORDINANCE 3466 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. Packet Pg. 117 7.11 City Council Agenda Item Meeting Date: 08/15/2023 Fiber Customer Price Adjustment Staff Lead: Brian Tuley Department: Information Services Preparer: Scott Passey Background/History This item was presented at the August 8 Finance Committee. The Committee recommended approval on a future consent agenda. Staff Recommendation Approval on Council consent agenda. Narrative The City of Edmonds has 2 legacy fiber customers. One of the customers has requested an increase in monthly contracted internet usage. The existing contract provides for 3Mb per month at a fixed cost. Usage in excess of 3mb are billed at an overage rate. The customer wishes to even out monthly billing by contracting for a higher usage amount of 100mb. The increase would reduce fluctuating overage charges. This contract addendum modifies the existing contract to provide for higher usage rates and fees. Approval of this item would increase contracted revenues to the City. Attachments: 110_James_Addendum_No.2 7.13.2023 Packet Pg. 118 7.11.a Addendum No. 2 to City of Edmonds Fiber Optic Service Agreement With James Street Telephone WHEREAS, the City of Edmonds, Washington ("City"), and JAMES STREET TELEPHONE, LLC ("JAMES STREET TELEPHONE") (Collectively, the "Parties") entered into an underlying Fiber Optic Service Agreement dated February 1, 2012 ("Underlying Agreement"), which was amended by Addendum No. 1 dated December 19, 2014 ("Amendment No. 1"); and WHEREAS, the Parties have agreed to an update to the Pricing Matrix set forth in the Underlying Agreement; and WHEREAS, JAMES STREET TELEPHONE'S managing member and billing address have changed; and WHEREAS, the Parties have agreed to further amend the Underlying Agreement to update the Pricing Matrix information and contact information; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the Parties hereto as follows: 1. The Underlying Agreement of February 1, 2012, as amended by Addendum No. 1, both of which are incorporated herein by this reference as if fully set forth, is further amended in, but only in, the following respects: 1.1 Pricing Matrix. The Pricing Matrix, set forth at Section 3 of Exhibit A to the Underlying Agreement, and which was amended by Addendum No. 1, is hereby further amended to the form set forth in the attached Exhibit A, incorporated herein by this reference. 1.2 Notice. The contact information for JAMES STREET TELEPHONE, set forth at Section 7.3of the Underlying Agreement is hereby amended to read as follows: 7.3 Notices to JAMES STREET TELEPHONE should be sent to the following: Attn: Dave Ross, Managing Member Street Address 11718 55t" AVE NE Marysville 98271 Phone (425) 422-1551 Email davidlross@live.com 2. In all other respects, the Underlying Agreement between the parties, as amended by Addendum No. 1, including the remainder of the original Exhibit A to the Underlying Agreement, shall remain in full force and effect, further amended as set forth herein, but only as set forth herein. [Signatures on following page] Packet Pg. 119 7.11.a DONE this day of 2023. CITY OF EDMONDS Michael Nelson, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) )ss COUNTY OF ) JAMES STREET TELEPHONE David L. Ross, Managing Member On this day of 2023, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared David L. Ross, to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 120 JAM ES STREET TELEPHONE 7.11.a Addendum No. 2 to Fiber Optic Service Agreement EXHIBIT A Revised Pricing Matrix Edmonds Fiber Network - w/minimum BW Commitment Monthly Charges Bandwidth Cost/Mb 95th % Usage (mb) Port Charge Capital Amortization Maint Bandwidth Total 75 140 $0 $60 $450 $725 $10 100 140 $0 $60 $600 $900 $9 125 140 $0 $60 $700 $1,025 $8 150 140 $0 $60 $760 $1,110 $7 175 140 $0 $60 $825 $1,200 $7 a� E r Q m U �L IL L E 0 U L u. M N O N M ti r Q Packet Pg. 121 7.12 City Council Agenda Item Meeting Date: 08/15/2023 Award Construction Contract for the 2023 Overlay Project. Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On August 8, 2023, staff presented this item to the Parks and Public Works Committee and it was forwarded to the consent agenda for approval. Staff Recommendation Award construction contract to Granite Construction in the amount of $759,599 and authorize a management reserve of $75,960 for the 2023 Overlay Project. Narrative This project is a continuation of the City's efforts to rehabilitate and preserve its roadway network by paving various area streets. This year's project will use both a combination of REET, water, sewer, and stormwater utility funds to pave approximately 1.2 lane -miles of City streets. On August 8, 2023, the City received five construction bids for the 2023 Overlay Program. The bids ranged from a low of $759,599 to a high of $895,145. The bids have been tabulated and the summary is attached as Attachment 2. Granite Construction Company submitted the low responsive bid in the amount of $759,599. The engineer's estimate is $859,070. A review of the bidder's record has been completed and responses are positive. The project costs are being funded by REET (Funds 125 & 126), Water Utility Fund (Fund 421), Stormwater Utility Fund (Fund 422), and Sewer Utility (Fund 423). A project construction budget is attached as Attachment 3. Construction is expected to begin in September and be completed in October. Attachments: Attachment 1 - Vicinity Map Attachment 2 - Bid Summary Attachment 3 - Construction Budget Packet Pg. 122 2023 Overlay Program ELL 7.12.a 0 REET Funded 0 Water Funded =Sewer Funded = Sewer Funded 0 PSE Funded .� 0 a` L d 0 M N O N N t L O c.� L C �O♦ V O ci L y Alley Repair 86th cul-de-sac 3 _a Intersection Repairs: Maple and 6th ' Maple and 7th 1E C - E r a E a J 76th-SR104 to 238th 241 st-76th to Beeson ,242nd cul-de-sac Packet Pg. 123 7.12.b 2023 Overlay Program Bid Summary - August 8, 2023 Contractor Schedule A Schedule B Total Engineer's Estimate $ 734,450.00 $ 124,620.00 $ 859,070.00 Granite Construction $ 618,905.00 $ 140,694.00 $ 759,599.00 Tony Lind Paving $ 708,716.00 $ 55,660.00 $ 764,376.00 Lakeside Industries $ 662,837.00 $ 204,555.00 $ 867,392.00 Northshore Paving $ 761,200.25 $ 129,367.00 $ 890,567.25 JB Asphalt $ 725,210.00 $ 169,935.00 $ 895,145.00 a� 0 L- a. ca a� O CO) N O N d t L O L O U c 0 v L 0 U E L M 3 Q E E 'm Q Packet Pg. 124 7.12.c 2023 Overlay Program ESTIMATED CONSTRUCTION BUDGET BUDGET STREET WATER STORM SEWER TOTAL Contract Award $ 491,718 $ 7,614 $ 165,829 $ 94,438 $ 759,599 Construction Management, Inspection, & Testing (15%) $ 73,760 $ 1,140 $ 24,870 $ 14,170 $ 113,940 Management Reserve (10%) $ 49,170 $ 760 $ 16,580 $ 9,440 $ 75,960 TOTALS 7 614,648 $ 9,514 $ 207,279 $ 118,048 $ 949,489 CONSTRUCTION FUNDING FUNDING STREET WATER I STORM SEWER TOTAL Fund 112 - Street $ - $ - Fund 125 - REET 1 $ 307,324 $ 307,324 Fund 126 - REET 2 $ 307,324 $ 307,324 Fund 421 - WATER $ 9,514 Fund 422 - STORM $ 207,279 $ 207,279 Fund 423 - SEWER $ 118,048 $ 118,048 TOTALS $ 614,648 $ 207,279 $ 118,048 $ 939,975 0 L a L a� O M N O N m t L 0 :.i R L r- 0 U 0 r c 0 U 3 Q c 0 .y a) r m a� m c 0 r U 0 L 0 U Packet Pg. 125 7.13 City Council Agenda Item Meeting Date: 08/15/2023 Approval of Supplemental Agreement with WSP for construction management services on the 76th Ave Overlay project. Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On February 16, 2021, City Council approved an Interlocal Agreement with the City of Lynnwood for this project. On August 23, 2022, City Council approved a Local Agency Consultant Agreement with WSP for construction management and inspection services on the 76th Ave Overlay project. On August 8, 2023, staff presented this item to the Parks and Public Works Committee and it was placed on the consent agenda for approval. Staff Recommendation Approve supplemental agreement. A construction contract was awarded to Granite Construction on July 261h, 2022 and Granite was issued Notice to Proceed on September 281h, 2022. The project was suspended on October 271h, 2022 due to winter weather and work resumed on April 10th, 2023. WSP has provided construction management services including but not limited to: Monitor DBE goal and documentation Ensure proper project documentation Monitor contractor and subcontractor's employment documentation Observe construction activities for adherence to contract documents and codes Sample and test materials to ensure adherence to contract documents WSP's fee in the original agreement is $127,622 (including a $10k management reserve). The following changes occurred during construction that required additional time and services: Additional work associated with the winter suspension including: o additional working days for demobilization and remobilization during the suspension o monitoring of contractor paperwork requirements for five additional months during the suspension More -than -expected working days - the construction contract was developed assuming a 30- working day contract but field changes required extra days to complete the project. Packet Pg. 126 7.13 The Supplemental Agreement will provide an additional $9,990 to cover the amount beyond the previously approved management reserve. The additional services will be paid from the project funding from the Cities of Edmonds and Lynnwood. Edmonds' share is a federal grant with a local match from REET funding. Background• The project consists of a full -width grind and a 2-inch pavement overlay with a new bicycle lane along a minor arterial (west side of 76th Ave. W centerline / southbound movement) from 196th St. SW/ SR-524 to Olympic View Dr. This project also includes upgrading all noncompliant ADA curb ramps within the project limits. The east side of the street is within City of Lynnwood and will be incorporated into the project. Attachments: Attachment 1 - Vicinity Map Attachment 2 - Agreement Packet Pg. 127 76TH AVE PAVE - AREA MAP � _ _ �'�' �• r !_`� rrn r� ti .. - � { .,•ice � .Tr - •''I _' % . ��P yj,�j _may .'t r _'� �_ rl ,� .•,..7 `i � s!r - �. �' ~l "x � '�� ! f' � - -...r. Jul.• �r. � �( EN D PAVE r. `—• ' �. At IV. �r — ;r �! • rT PERRINVILLE `� �`'','► ,r�.: rr � '� .1 �� - �, . ". - .m •1 n - Erg `, +�' _ .s [' � �Ir> �� • � �ra t.f �Sa9 � ��rr�, � fir+ , .- . .. :�"R, � ,`"'-5-��_{.i�. J!►z..�.�: '�.--++irt+• • •� �. �„F`:�x p-f • _. rl sr . �"�� ��- � J �' � ��. � y 1 �� � �' _ .Y"� 'a Al' �[_. of ,� � .1� r � t` �S '� • --,�' �+... � �-�• �°'� • ' f` • r , .�,. j'..�'vs 'r r " iz 17 i r r._ � � �!• Y ''r•- W �-�i. .,� - r.•�..; ..l� f a _yx.:.-yY'y�j+,� r � •k r J" { _ it T _ $; [ 'fir' :' - ; � ' s 1� 'A ' - F I�f _ '_ti , , f �•.„! x € �--� � � j� d. 1� 0 0 �� � . •�,,, � ' �' � -��� = ,,�'-�: �. - Z O :r ,.fir- ��:. r +�jk,. L191 st St SW' tf 2Krl lrT Op ram= - •�; `— :x� ._ � � 1 � ��P =�� A� � ��, j� ! �T �'.. i i rr Fl 94th St SW. t � ��_�_ ��•� � 195th St BEGIN PAVE "�f { SR 524/196th St SW rT _ -rTrT Packet Pg. 128 7.13.b AM Washington State To Department of Transportation Supplemental Agreement Organization and Address Number 1 WSP USA Inc 1001 4th Ave, Ste 3100 Seattle, WA 98154 Original Agreement Number Phone: 206-431-2269 Project Number Execution Date Completion Date 12/31 /2023 Project Title New Maximum Amount Payable City of Edmonds 76th Avenue W Overlay Project $137 612 Description of Work The duration of work has been extended The Local Agency of City of Edmonds desires to supplement the agreement entered in to with WSP USA Inc and executed on 8/24/2022 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: See Exhibit A 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: See Exhibit A III Section V, PAYMENT, shall be amended as follows: See Exhibit B 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. M Consultant Signature M Approving Authority Signature DOT Form 140-063 Revised 09/2005 Packet Pg. 129 7.13.b Exhibit "A" Summary of Payments Basic Agreement Supplement #1 Total Direct Salary Cost Overhead (Including Payroll Additives) Direct Non -Salary Costs Fixed Fee Total j $127,622 j $9,990 j $137,612 U w 0 L a L as O a� a L O am 3 r c m E m a� L Q r E Q Q V/ 4- 0 > O L Q Q Q r_ w E N d L M a N C d E t V R a+ a+ Q C N E t V fC Q DOT Form 140-063 Revised 09/2005 Packet Pg. 130 7.13.b EXHIBIT A SCOPE OF WORK Supplement 1 Construction Management Services for the 76TH AVE W Overlay Project WSP USA Inc (Consultant) will provide Construction Management (CM) services to the CITY of Edmonds (CITY) for the 76T" AVE W Overlay Project. Services will be provided in accordance with the WSDOT LAG Manual. These services will include Project Management, Construction Management, Office Engineering, Public Communication, and Inspection services to oversee the final construction tasks and closeout of this project as detailed below. This project area is on 76th Ave West from 196th St. SW to Olympic View drive located in the cities of Edmonds and Lynnwood. Project work performed by the CITY's selected contractor includes pavement planing, pavement repair, hot mix asphalt, curb ramps, minor drainage improvements, temporary and permanent striping, utility adjustments, temporary traffic control, and restoration. Consultant will provide Inspector to perform field observations and Office Engineer for contract administration services. Consultant shall furnish all services and labor necessary to complete the following tasks: Task 1— Project Management and Administration of the CM Agreement No change Task 2 Preconstruction Phase No change Task 3 Construction -Phase Task 3.1 Contract Administration No change Task 3.2 Field Inspector No change Packet Pg. 131 7.13.b Task 4 Post -Construction Services No change Task 5 Material Testing Services No change Task 6 Management Reserve No change ASSUMPTIONS 1. Budget: The original contract is supplemented with the following: A. 10 working days are added to the contract for a total of 40 working days including a project suspension. B. 4 unworkable days were added to the contract for a total of 7 unworkable days Packet Pg. 132 7.13.b EXHIBIT D - CONSULTANT FEE DETERMINATION Edmonds 76th Fee Est. EDMONDS 76th CM 8/2/2023 DIRECT SALARY COSTS (DSC) Personnel Hours Rate Cost 1 Officer 0 X $ 123.09 = $ - 2 Sr. Project Managers & PM's 6 X $ 86.16 = $ 517 GSO 3 Construction Mgt. 16 X $ 72.00 = $ 1,152 Field 4 Inspector 0 X $ 65.00 = $ - Field 5 Construction Office Asst. 20 X $ 36.88 = $ 738 GSO 6 Project Accountant 4 X $ 45.18 = $ 181 GSO Total GSO Hours 30 Tota Field Hours 16 Salary Escalation: GSO Overhead 139.52% Field Overhead 103.51 % Fixed Fee (FF) 30.00% DIRECT EXPENSES Headlight (1 users x 6 months) PlanGrid (1 users x 6 months) Data Mileage Printing and reprographics Other SUBCONSULTANTS HWA GeoSciences Direct Salary Costs (DSC) = $ Direct Salary Costs (DSC) = $ 0% of DSC = $ Subtotal (DSC + SE) = $ of (DSC + SE) = $ of (DSC + SE) = $ of (DSC + SE) = $ SUBTOTAL SALARY COSTS (DSC + SE + OH + FF) = $ 1,435 1,152 2,587 2,003 1,192 776 6,559 TOTAL SALARY COSTS (DSC + SE + OH + FF) = $ 6,559 TOTAL WSP = $ 6,559 Rate Quantity Estimated Expense 6 200 $ 1,200.00 6 35 $ 210.00 40 0 $ - 0.655 0 $ - 0 500 $ - 0 1000 $ - TOTAL Direct Expenses = $ 1,410 $ 12,021 TOTAL Subconsultants = $ 12,021 Management Reserve = $ (10,000 TOTAL FEE = $ 9,990 19990 Q Page 1 of 4 Packet Pg. 133 EXHIBIT D - CONSULTANT FEE DETERMINATION EDMONDS 76th CM 7.13. b WSP Hours 8/2/2023 06 _ O _ O ; +r O '0 N v 0 v N L � ++ L � aU cacn Subtask ' O O UTask Totals DSC $ 123.09 $ 86.16 $ 72.00 $ 65.00 $ 36.88 $ 45.18 TASK 1 - PROJECT MANAGEMENT 1 - 6 - - - 4 10 Project Management - 6 - - - 4 10 TASK 2 - PRECONSTRUCTON SERVICES 2 - - - - - - - TASK 3 - CONSTRUCTION SERVICES 3 - - - - - - - Estimated Overtime for CM - - TASK 4 - POST CONSTRUCTION SERVICES 4 - - 16 - 20 - 36 Remaining work - 16 - 20 36 TASK 5 - MATERIAL TEST SERVICES 5 - - - - - - - TASK 6 - COMMUNITY OUTREACH SUPPORT 6 - - - - - - - TOTAL - 6 16 - 20 4 46 Page 2 of 4 Packet Pg. 134 7.13.b EXHIBIT E - SUBCONSULTANT FEE DETERMINATION HWA Fee Estimate EDMONDS 76th CM 8/2/2023 DIRECT SALARY COSTS (DSC) Personnel Hours Rate Cost 1 Principal 0 X $ 90.18 = $ - 2 Project Manager 11 X $ 86.76 = $ 954 3 Geologist VI 0 X $ 53.75 = $ - 4 Geologist III 0 X $ 40.83 = $ - 5 Geologist III 0 X $ 37.42 = $ - 6 Inspector (Isaac) 0 X $ 28.08 = $ - 7 Inspector (Vinnie) 72 X $ 36.06 = $ 2,596 8 Clerical 0 X $ 32.32 = $ - Total Hours 83 Direct Salary Costs (DSC) = $ 3,553 Salary Escalation: 0% of DSC = $ - Subtotal (DSC + SE) = $ 3,553 Overhead (OH) 208.31% of (DSC + SE) = $ 7,402 Fixed Fee (FF) 30.00% of (DSC + SE) = $ 1,066 SUBTOTAL SALARY COSTS (DSC + SE + OH + FF) = $ 12,021 TOTAL SALARY COSTS (DSC + SE + OH + FF) = $ 12,021 TOTAL HWA = $ 12,021 Est. No. Unit Test o L EXPENSES Tests Cost Total Cost a Acceptance testing for CSBC (GS, SE, Fracture), assume 2 sources 0 $ 345.00 $ - a Proctor tests on all materials to be compacted 0 $ 275.00 $ - Bitumen content by extraction with gradation of aggregate (1 mix design 0 $ 185.00 $ - m E Maximum theoretical specific gravity of HMA (rice density, 1 mix design; 0 $ 140.00 $ - a� L HMA oven correction factor (3 burns) 0 $ 140.00 $ - a� a Concrete compressive strenth tests (7 sets of four cylinders) 0 $ 30.00 $ - Mileage to job site IRS rate (0.585/mile), assume 24 trips to site $ - $ - E Mileage for sampling aggregates/HMA at sources $ - $ - Nuclear gauge rental: 7 days @ $40/day $ - $ - so r Thin lift (HMA) nuclear gauge rental: 3 days @ $60/day $ - $ - a c as TOTAL EXPENSES = $ - E TOTAL FEE $ 12,02T1a Page 3 of 4 Packet Pg. 135 EXHIBIT E - SUBCONSULTANT FEE DETERMINATION EDMONDS 76th CM 7.13. b HWA Hours 8/2/2023 ca O O O O O v m v m .-. as 6 � a a 2 0 0 0 > V Totals Work Task Description $ 90.18 $ 86.76 $ 53.75 $ 40.83 $ 37.42 $ 28.08 $ 36.06 $ 32.32 Inspection Preconstruction Inspection 72 Post construction Overtime Aggregate/Soils Inspection and Testing Preconstruction Meeting (Prior to job start) - Aggregate Acceptance Sampling at Pits (2 materials sampled from a single source, at WSDOT testing frequencey for estimated quantities) - Full depth roadway repair inspection (2 3-hour visits) Utility trench backfil (2 4-hour visits) - Sidewalk, curb/gutter, etc., base materials (3 4-hour visits) - Concrete/Pervious Concrete Testing and Inspection - ADA ramps (4 pours, plus next -day cylinder pickup) - Curb and gutter (3 pours, plus next -day cylinder pickup) - Hot Mix Asphalt Testing and Inspection HMA sampling at batch plant (3 samples) - Inspection and testing during HMA overlay placement (3 full-time visits) - Project Management QA review, reporting, submittal reviews, and report distribution 11 11 TOTAL - 11 - - - - 72 - 83 Page 4 of 4 Packet Pg. 136 7.14 City Council Agenda Item Meeting Date: 08/15/2023 Approval of Supplemental Agreement with Atwell LLC for Citywide Bicycle Improvements Project Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On October 20, 2020, City Council approved a professional services agreement with Blueline to design the Citywide Bicycle Improvements Project. On September 14, 2021, staff presented a supplemental agreement to the Parks and Public Works Committee and the Committee agreed to have the item placed on the consent agenda, after a decision was made by the City Council regarding the additional improvements. On December 14, 2021, City Council approved the supplemental agreement with Blueline. On August 8, 2023, staff presented this item to the Parks and Public Works Committee and it was placed on the consent agenda for approval. The Blueline Group is now Atwell LLC. Staff Recommendation Approve supplemental agreement with Atwell LLC. Narrative The Citywide Bike Lane Improvements project was combined with the Elm Way Walkway project in late 2021 and the combined project was awarded to Laser Underground on June 27, 2023. A supplemental agreement with Blueline must be executed in order to secure their services for engineering support during construction. The City has established an on -call consultant fee of $20,000 for these services. The key tasks within the scope include project management, construction support as needed on an on -call basis, and development of record drawings. Additionally, Blueline requested compensation for additional fees incurred during the design phase that were not included in the original scope of work. The Supplemental Agreement will provide an additional $15,000 to cover the added services beyond the available $10,000 management reserve. The construction support services and added design services will be paid from the available project funds (Sound Transit Grant and REET funding). Construction is expected to begin in August, 2023 and continue thru fall. The construction work is dependent on favorable weather and the schedule is subject to change. Packet Pg. 137 7.14 Attachments: Attachment 1 - Vicinity Map Attachment 2 - Supplemental Agreement Packet Pg. 138 -� CITYWIDE BICYCLE IMPROVEMENTS AND HELM WAY WALKWAY PROJECTS I 7.14.a I MAIN.ST P.INE.ST Elm Way: 8th to 100th Installina Sidewalk WESTGATE — E4--- YOST PARK Walnut and Bowdoin 9th to 5 Corners Addina Bike Lanes 100th and 9th: 244th to Walnut Addina Bike Lar I- I I I— — 524 / 196TH:ST SW y (Ai 5 CORNERS _it rW a I- 220TH_ST.SW. �I ESPE,RANCE, 228th: 78th to 80th Widening & Adding Bike Lanes )th: 228th to 220t harrows Onlv CL S .2 T E a r E r r a _FIRDALEi VILLAGE Packet Pg. 139 7.14.b SUPPLEMENTAL AGREEMENT 2 TO PROFESSIONAL SERVICES AGREEMENT Citywide Bicycle Improvements Project WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City," and Atwell, LLC (formerly The Blueline Group, LLC), hereinafter referred to as the "Consultant," entered into an underlying agreement for design, engineering and consulting services with respect to a project known as the Citywide Bicycle Improvements Project, dated November 4, 2020 ("Underlying Agreement"), as amended by Supplemental Agreement 1, dated December 15, 2021; and WHEREAS, additional tasks to the Scope of Work have been identified with regard to construction support services; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement of November 4, 2020 between the parties, as amended by Supplemental Agreement 1 of December 15, 2021, both of which are incorporated by this reference as fully as if herein set forth, is further amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the Underlying Agreement, as amended by Supplemental Agreement 1, shall be further amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 1.2 Payment. The $309,521 amount set forth in paragraph 2A of the Underlying Agreement and stated as an amount which shall not be exceeded, and which was increased by $123,965 by the Supplemental Agreement 1, is hereby amended to include an additional not to exceed amount of $35,000 for the additional scope of work identified in Exhibit A to this Supplemental Agreement 2. As a result of this Supplemental Agreement 2, the total contract amount is increased to a new total not -to -exceed amount of $468,486 ($309,521, plus $123,965, plus $35,000). 1.3 Fee Schedule. Exhibit B to the Underlying Agreement, as amended by Supplemental Agreement 1, consisting of the rate and cost reimbursement schedule is hereby further amended to include the form set forth on the attached Exhibit B to this Supplemental Agreement 2, incorporated by this reference as fully as if herein set forth. Packet Pg. 140 7.14.b 2. In all other respects, the Underlying Agreement between the parties, as amended by Supplemental Agreement 1, shall remain in full force and effect, further amended as set forth in this Supplemental Agreement 2, but only as set forth herein. DONE this day of 2023. CITY OF EDMONDS ATWELL, LLC FORMERLY THE BLUELINE GROUP, LLC Michael Nelson, Mayor Robert Dahn, Director ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 141 7.14.b STATE OF WASHINGTON) )ss COUNTY OF ) On this day of , 2023, before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Robert Dahn, to me known to be the Director of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 142 EXHIBIT A — SCOPE & FEE ESTIMATE 7.14.b Project Name: Citywide Bicycle Improvements — Construction Support Job #: 20-074 Effective Date: August 3, 2023 Project Description The Blueline Group, LLC ("Blueline") will provide construction support services during construction for the City of Edmonds' Citywide Bicycle Improvement and Elm Way Improvement Project ("Project"). Task Summary Task 101 Project Management Task 102 Construction Phase Services Task 103 Record Drawings Task 104 Additional Design Phase Services Project Schedule Our Team shall begin work immediately upon receipt of Notice to Proceed and proceed according to the attached Project Schedule. This schedule reflects the Client's desire to complete construction in 2023. Key dates include: Construction Begins........................................................................................ August 2023 As-Builts & Project Closeout............................................................................... April 2024 Scope of Work Blueline's scope of work for the project is outlined on the following pages. Q i Packet Pg. 143 EXHIBIT A — SCOPE & FEE ESTIMATE 7.14.b Task 101 Project Management - $5,000 NTE This task is for general coordination and meetings on the project, including: • Management of all tasks. • Communication with the City regarding construction issues, costs, and schedule. Task 102 Construction Phase Services - $10,000 NTE Blueline will provide construction support services for this Project as needed during the construction period. Blueline will coordinate construction management activities with the City's staff and field inspector on an on -call basis. Services under this task may include: • Prepare for and attend the pre -construction conference. • Review requests for information (RFIs) provided by the Contractor and coordinate responses to RFIs with the City for the Citywide Bicycle Improvements Project. • Coordinate responses to RFIs for Elm Way Walkway Project with EOR. • Provide changes to drawings or specifications as necessary to respond to field conditions or RFIs for the Citywide Bicycle Improvements Project. • Coordinate changes to drawings for Elm Way Improvement Project with EOR. • General consultation and coordination on an as -needed basis. Address construction questions as they arise. • Coordination with Snohomish County during construction regarding the Right of Way permit • Conduct site visits as requested by the City to check field conditions regarding RFIs. Deliverables: RFI Responses (if necessary). Assumptions: Construction inspection and administration services are not included. Task 103 Record Drawings - $5,000 NTE Blueline will prepare as-builts in AutoCAD using redline markups provided by the Construction Inspector and the Contractor. This does not include any as -built survey work by Blueline's Surveyor. • Prepare As-Builts in AutoCad from contractor redlines for the Citywide Bicycle Improvements Project. • Coordinate as-builts for Elm Way Walkway Project with EOR. Deliverables: As-Builts provided electronically. Q z Packet Pg. 144 EXHIBIT A — SCOPE & FEE ESTIMATE 7.14.b Task 104 Additional Design Phase Services - $15,000 Fixed Blueline provided additional services as requested by the City that related to: • Schedule delays as needed to confirm design decisions. • Additional alternative analysis related to channelization and signalization. • Design revisions and modifications at final design stage. Assumptions: Provided fee for this task assumes that Blueline will be approved to bill task 013 Management Reserves. General Assumptions and Notes • Scope and fees outlined above are based on the Project Understanding included with this proposal as well as the following information (any changes to these documents may result in changes to the fees): o Correspondence, as well as enclosed drawings and reports, prior to the effective date of this Agreement. • The following items are not anticipated to be necessary and are not included in this proposal: o Construction Administration, Staking, or Inspection Services (a separate fee proposal can be provided upon request). • Blueline will not pay any Agency fees on behalf of the Client. This includes any fees associated with permits and easements. • The fees stated above include reimbursable expenses such as large format copies (larger than legal size), mileage, and plots. These will appear under the related task and be labeled EXPENSES. • Time and expense items are based on Blueline's current hourly rates. • These fees stated above are valid if accepted within 30 days of the date of the proposal. • Blueline reserves the right to adjust fees per current market conditions for tasks not started within a year of contract execution. • Tasks 101-103 are provided on a cumulative $20,000 not to exceed basis. Blueline reserves the right to move funds between approved Tasks 101-103 as necessary based on requested services provided the overall budget is not exceeded. Client Project Manager will be notified if funds are shifted. • Project stops/starts and significant changes to the Project Schedule may result in changes to the fees provided above and a separate fee proposal will be provided. • Client revisions requested after the work is completed will be billed at an hourly rate under a new task called Client Requested Revisions. A fee estimate can be provided to the Client prior to proceeding with the revisions. Q 3 Packet Pg. 145 QBLUELINE 2023 HOURLY RATE SCHEDULE Principal $265/hr Senior Project Manager $240/hr Project Manager $225/hr Senior Project Engineer $220/hr Project Engineer $215/hr Engineer II $200/hr Engineer I $190/hr Construction Administration $200/hr Construction Inspector $155/hr Senior Engineering Designer $190/hr Engineering Designer $175/hr Senior Engineering Drafter $165/hr Engineering Drafter $155/hr Director of Planning $225/hr Planning Project Manager $205/hr Senior Planner $190/hr Associate Planner $180/hr Planner II $170/hr Planner I $150/hr Director of Landscape Architecture $225/hr Landscape Project Manager $200/hr Senior Landscape Architect $180/hr Project Landscape Architect $165/hr Landscape Designer $140/hr Landscape Technician $120/hr Project Coordinator $145/hr Permitting Technician $120/hr Project Administrator $90/hr EXH 7.14.b Notes: • Standard hourly rates include expenses for telephone, fax, photocopies (letter and legal size), and postage. Please refer to The Blueline Group's standard contract regarding the firm's policy regarding other project expenses. 2023 PLOTTING RATE SCHEDULE 11" x 17" Bond $0.90/sheet 18" x 24" Bond $2.15/sheet 22" x 34" Bond $4.05/sheet Notes: • Plotting rates are reviewed annually and adjusted accordingly. • Plotting rates include 10% Sales Tax. 24" x 36" Bond $4.35/sheet 30" x 42" Bond $5.20/sheet 36" x 48" Bond $5.80/sheet 2023 MILEAGE RATE SCHEDULE Mileage $1.00/mile NOTE: ALL RATES ARE EFFECTIVE JANUARY 1, 2023, ARE REVIEWED ANNUALLY, AND ARE ADJUSTED ACCORDINGLY THEBLUELINEGROUP.COM I MAIN425.216.4051 I 25 Central Way, Suite 400 1 Kirkland, WA 98033 Packet Pg. 146 8.1 City Council Agenda Item Meeting Date: 08/15/2023 2023 Second Quarter Financial Update Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History Second quarter financial update to Council. Staff Recommendation Presentation only, no recommendation. Narrative Tonight's presentation is intended to be a brief financial update to Council on the city's finances through the second quarter of 2023. Attachments: June 2023 Monthly Financial Report Quarterly Report August 15 Packet Pg. 147 I 8.1.a I OF EDP � d lac. 1 $9v CITY OF EDMONDS MONTHLY BUDGETARY FINANCIAL REPORT JUNE 2023 Packet Pg. 148 1 INVESTMENT PORTFOLIO SUMMARY I 8.1.a I City of Edmonds Investment Portfolio Detail As of June 30, 2023 Years Agency/ Investment Purchase to Par Market Issuer Type Price Maturity Value Value FHLB Bonds First Financial - ECA CD Kent WA Bonds First Financial - Waterfront Center CD FHLB Bonds FHLB Bonds FM Bonds FNMA Bonds FHLB Bonds Spokane County WA Bonds FHLMC Bonds Farmer Mac Bonds FHLB Bonds US Treasury Note Note FFCB Bonds Farmer Mac Bonds TOTAL SECURITIES Washington State Local Gov't Investment Pool Snohomish County Local Gov't Investment Pool TOTAL PORTFOLIO Maturity Coupon Date Rate 1,996,590 0.27 2,000,000 1,972,051 10/05/23 0.22% 2,803,516 0.38 2,803,516 2,803,516 11/15/23 2.08% 286,648 0.42 250,000 251,875 12/01/23 5.00% 245,000 0.50 245,000 245,000 12/28/23 1.49% 2,004,464 0.55 2,000,000 1,993,869 01/16/24 4.81% 954,866 0.78 1,000,000 958,647 04/10/24 0.35% 996,082 0.97 1,000,000 974,364 06/17/24 2.80% 992,693 1.01 1,000,000 964,656 07/02/24 1.75% 950,774 1.39 1,000,000 936,154 11/18/24 0.90% 207,260 1.42 200,000 190,888 12/01/24 2.10% 974,798 1.70 1,000,000 974,837 03/13/25 3.75% 1,995,088 1.80 2,000,000 1,971,005 04/17/25 4.25% 969,524 2.08 1,000,000 967,968 07/28/25 3.60% 964,597 2.13 1,000,000 965,508 08/15/25 3.13% 1,982,692 2.44 2,000,000 1,969,736 12/08/25 4.13% 1,994,172 2.60 2,000,000 1,960,094 02/02/26 3.95% 20,318,764 1.28 20,498,516 20,100,168 14,062,978 14,062,978 Demand 5.20% 33,585,326 33,585,326 Demand 2.31% Kent Issuer Diversification First WA, Financial - 1% CD, 15% Spokane Farmer County Mac, 20% WA, 1% FFCB, 10% FHLMC, 5% FHLB, 34% $ 68,146,820 $ 67,748,472 Cash and Investment Balances Checking, (in $ Millions) $6.38, 9% Note, Bonds, $1.00, 1%^ $16.45, State LGIP, \ 22% $14.06, CD's, $3.05� 19% ,4% County LGIP, $33.59 , 45% Q 1 Packet Pg. 149 1 I 8.1.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 2018 2019 2020 2021 2022 YTD 2023 2 Packet Pg. 150 GENERAL FUND SUMMARY 8 General Fund Revenues and Expenses (Rolling 24 months) General Fund Revenues General Fund Expenses 10,000,000 9,000,000 8,000,000 7,000, 000 ; 6,000, 000 5,000, 000 4,000,000 3,000,000 .00 •�..�'� �.i �.'� 2,000, 000 1,000, 000 July October January April July October January April 12,000,000 10,000,000 8,000, 000 6,000, 000 4,000, 000 2,000, 000 7,000,000 6,000, 000 5,000,000 4,000,000 3,000, 000 2,000,000 1,000, 000 2017 P- General Fund Tax Revenue (2017 through 2022 Sales Tax Property Tax EMS Tax Other Taxes 2018 2019 2020 2021 2022 General Fund Tax Revenue (2023 YTD) $5,794,100 Sales Tax Property Tax EMS Tax Other Taxes 3 I Packet Pg. 151 I 8.1.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 23,772,230 -3.98% 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 1,272,041 -33.71% 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. 152 1 SALES TAX SUMMARY I 8.1.a I Sales Tax Analysis By Category Current Period: June 2023 Year -to -Date Total $5,538,698 Amusement & Health & Personal Recreation, $45,170 Care, $47,870 Construction Automotive epair, Business Services, $122,56 Accommodation,$583,103 Trade, CiasnlinP In $18,936 $883,507 Clothing and 0 Accessories, $178,271 Communications, $123,096 Wholesale Trade, $160,366 12,000,000 10,000, 000 $7,395,114 $8,406,296 8,000,000 6,000,000 4,000,000 2,000,000 0 Food Stores, $183,982 Misc Retail, $1,037,850 Manufacturing, $57,797 Others, $126,860 Eating & Drinking, $632,568 Annual Sales Tax Revenue $10,302,518 715 $8,317,046 2017 2018 2019 27 5,538.698 2020 2021 2022 YTD 2023 5 Packet Pg. 153 1 I 8.1.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 5,538,698 -0.53% 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 5,794,100 -3.91% 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 Current Yeaz Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 6 Packet Pg. 154 I 8.1.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 65,542 431,287 -1.78% 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 City of Edmonds, WA Monthly Revenue Summary -Sewer Utility Tax 2023 Sewer Utility Tax 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 79,080 501,909 -4.19% 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,wu,vuu 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 *The monthly budget forecast columns are based on a five-year average. 7 Packet Pg. 155 I 8.1.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 4,312,420 -5.79% 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 3,004,165 -10.81% 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 ter— Prior Year *The monthly budget forecast columns are based on a five-year average. Packet Pg. 156 I 8.1.a I City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 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 5,021,702 -4.09% 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 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 Yeaz Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 9 Packet Pg. 157 I 8.1.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 28,704,022 -5.38% 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 9,392,113 10.72% 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. 10 Packet Pg. 158 I 8.1.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 49,721 208,152 -12.41% 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 41,148 195,229 -22.41% 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. 159 I 8.1.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 651,433 135,696 455,291 -30.11% 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 -1000, 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 1,045,638 173,160 726,808 -30.49% 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. 160 I 8.1.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 93,928 599,614 10.61% 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. 161 I 8.1.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 870,622 126,623 982,174 12.81% 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 1,156,484 13.58% June 1,276,857 258,642 1,327,293 3.95% 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. 162 I 8.1.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 96,815 347,909 -28.13% June 580,890 96,815 427,830 -26.35% 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 6,661,514 -7.65% 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 7000,000 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. 163 I 8.1.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 1,934,311 -21.50% 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 YTD Variance Budget Forecast Budget Forecast Actuals % 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 2,623,359 -13.07% 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 Parks & Recreation 17,000,000 1,500 00000 1,000,0 500,000 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. 16 Packet Pg. 164 I 8.1.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 637,500 106,250 102,751 -83.88% 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 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 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 2,002,414 -0.81% 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. 165 I 8.1.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 1,652,623 -6.16% 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 *The monthly budget forecast columns are based on a five-year average. 18 Packet Pg. 166 I 8.1.a I Page 1 of 1 C TTY OF EDMONDS REVENUES BY FUND - SUMMARY Fund 2023 Amended 6/30/2022 6/30/2023 Amount No. Title Budget Revenues Revenues Remaining %Received 001 GENERAL FUND $ 51,186,745 $ 21,853,448 $ 23,772,230 $ 27,414,515 460/c 009 LEOFF-MEDICAL INS. RESERVE 225,000 112,500 112,500 112,500 500/c Ol l RISK MANAGEMENT RESERVE FUND 012 CONTINGENCY RESERVE FUND 014 HISTORIC PRESERVATION GIFT FUND 016 BUILDING MAINTENANCE FUND 017 MARSH RESTORATION & PRESERVATION FUND 018 EDMONDS HOMELESSNESS RESPONSE FUND 104 DRUG ENFORCEMENT FUND Ill STREET FUND 112 COMBINED STREET CONST/IMPROVE 117 MUNICIPAL ARTS ACQUIS. FUND 118 MEMORIAL STREET TREE 120 HOTEL/MOTEL TAX REVENUE FUND 121 EMPLOYEE PARKING PERMIT FUND 122 YOUTH SCHOLARSHIP FUND 123 TOURISM PROMOTIONAL FUND/ARTS 125 REAL ESTATE EXCISE TAX 2 126 REAL ESTATE EXCISE TAX 1 127 GIFT S CATALOG FUND 130 CEMETERY MAINTENANCE/IMPROVEMT 136 PARKSTRUST FUND 137 CEMETERY MAINTENANCE TRUST FD 138 SISTER CITY COMMISSION 140 BUSINESS IMPROVEMENT DISTRICT 141 AFFORDABLE AND SUPPORTIVE HOUSINGFUND 142 EDMONDS RESCUE PLAN FUND 143 TREE FUND 231 2012 LT GO DEBT SERVICE FUND 332 PARKS CAPITAL CONSTRUCTION FUND 411 COMBINED UTILITY OPERATION 421 WAT ER UT ILIT Y FUND 422 STORM UTILITY FUND 423 SEWER/WWTP UTILITY FUND 424 BOND RESERVE FUND 511 EQUIPMENT RENTAL FUND 512 TECHNOLOGY RENTAL FUND - - - 0% 447,522 446,522 1,000 1000/c 0% 17,480 17,627 51,475 (33,995) 2940/, .-. d - - - 00/, +' O - 200,000 - - 00/c 167,650 901 1,100 166,550 10/c 1,815,410 871,295 1,089,370 726,040 600/c 12,366,800 1,655,558 4,832,353 7,534,447 C 390/cLL 98,098 96,554 18,975 79,123 190/( i d 0% R 84,400 44,483 46,991 37,409 5601, Cy 38,960 12,294 13,007 25,953 330/, C 1,660 171 135 1,525 80/, v 30,440 15,705 16,385 14,055 540/c 2,320,090 900,578 663,101 1,656,990 290/c N O 2,302,980 893,917 673,276 1,629,704 290/c V 135,340 2,964,266 62,295 73,045 460/c O 150,960 111,976 99,501 51,459 660/, 5,460 2,012 (7,497) 12,957 -1370/c 51,500 23,165 20,693 30,807 C 10,430 2,687 2,678 7,752 260/( C 88,645 55,878 53,427 35,218 600/c IL 65,000 24,287 21,312 43,688 330/c s 1,669,000 708,645 960,355 r� 420/, C 215,100 245 2,014 213,086 1% M 309,800 41,009 28,458 281,343 90/( C 2,713,902 829,172 525,655 2,188,247 19% 4) 82,560 68,190 (68,190) 00/( 11,950,114 4,802,340 4,984,288 6,965,826 420/c; C 9,020,452 3,287,736 3,750,944 5,269,508 420/c 0) 15,898,844 8,985,295 9,676,320 6,222,524 610/, t c� 1,991,860 591,150 583,341 1,408,519 290/, +� r� Q 4,188,740 916,397 1,133,901 3,054,839 270/c 1,481,194 579,987 670,346 810,848 450/c $ 121,049,576 $ 49,975,194 $ 54,121,929 $ 66,927,647 450% 19 Packet Pg. 167 I 8.1.a I Page 1 of 1 C PIY OF EDMONDS EXPENDITURES BY FUND - SUMMARY Fund 2023 Amended 6/30/2022 6/30/2023 Amount No. Title Budget Expenditures Expenditures Remaining %Spent 001 GENERAL FUND $ 61,780,797 $ 23,484,941 $ 28,704,022 $ 33,076,775 460 009 LEOFF-MEDICAL INS. RESERVE 367,140 143,526 162,840 204,300 440 O11 RISK MANANGEMENT RESERVE FUND 25,000 - 25,000 0% 014 HISTORIC PRESERVATION GIFT FUND 5,900 - - 5,900 0% 016 BUILDING MAINT ENANCE FUND 1,275,000 17,074 102,751 1,172,249 8% 017 MARSH RESTORATION & PRESERVATION FUND - - - 00/, .-. d 018 EDMONDS HOMELESSNESS RESPONSE FUND - - - 0% 019 EDMONDS OPIOID RESPONSE FUND - - - 0% 91 104 DRUG ENFORCEMENT FUND 45,800 - 45,800 0% 111 STREET FUND 2,583,414 1,082,668 1,504,797 1,078,617 580/c 112 COMBINED STREET CONST/IMPROVE 11,273,695 674,183 4,382,107 6,891,588 390/c 117 MUNICIPAL ARTS ACQUIS. FUND 207,380 26,630 35,949 171,431 170/c i d 118 MEMORIAL STREET TREE - - - 0% R 120 HOTEL/MOTEL TAX REVENUE FUND 95,400 26,566 7,387 88,013 80/, Cy 121 EMPLOYEE PARKING PERMIT FUND 26,880 - 26,880 00/c C 122 YOUTH SCHOLARSHIP FUND 3,000 - 3,000 00/, v 123 TOURISM PROMOTIONAL FUND/ARTS 28,500 533 7,212 21,288 250/c f0 125 REAL ESTATE EXCISE TAX 2 4,315,418 921,189 1,219,644 3,095,774 280/c N 0 126 REAL ESTATE EXCISE TAX 1 1,800,512 222,256 260,565 1,539,947 140/, 127 GIFTS CATALOG FUND 497,598 19,509 126,382 371,216 250/, G 130 CEMETERY MAINTENANCE/IMPROVEMT 249,413 94,544 123,305 126,108 49% y 136 PARKS TRUST FUND 43,842 2,540 43,842 00/c V 137 CEMETERY MAINTENANCE TRUST FUND 50,000 - 50,000 00/c .� C 138 SISTER CITY COMMISSION 11,900 70 415 11,485 30/, _ 140 BUSINESS IMPROVEMENT DISTRICT 88,575 31,164 30,669 57,906 350/c LL 142 EDMONDS RESCUE PLAN FUND 1,669,000 433,332 712,100 956,900 430/c t 143 TREE FUND 239,800 - 239,800 00/c p 231 2012 LT GO DEBT SERVICE FUND 309,800 41,009 37,395 272,405 120/c 332 PARKS CAPITAL CONSTRUCTION FUND 2,255,647 2,903,702 1,177,053 1,078,594 52% No N 421 WATER UTILITY FUND 11,819,111 3,114,209 3,802,333 8,016,778 320/, 4) C 422 STORM UTILITY FUND 8,292,377 2,167,378 2,534,959 5,757,418 310/, 423 SEWER/WWTP UTILITY FUND 16,488,945 8,121,701 7,251,742 9,237,203 440/, 424 BOND RESERVE FUND 1,989,820 589,342 574,892 1,414,928 290/c Cl) 511 EQUIPMENT RENTAL FUND 4,431,858 673,957 1,234,967 3,196,891 280/c V 512 TECHNOLOGY RENTAL FUND 1,753,427 705,231 982,174 771,253 560/c Q $ 134,024,949 $ 45,497,255 $ 54,975,662 $ 79,049,287 410% 20 Packet Pg. 168 8.1.a Page 1 of 3 C ITY OF EDMO NDS REVENUES - GENERAL FUND 2023 Amended 6/30/2022 6/30/2023 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 STORMWATER UTILITY TAX 13 T.V. CABLE UTILITY TAX 14 TELEPHONE UTILITY TAX 15 PULLTABSTAX 16 AMUSEMENT GAMES 17 LEASEHOLD EXCISE TAX LIC ENS 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 WA SASSOC OF SHERIFFS TRAFFIC GRANT 39 HIGH VISIBILITY ENFORCEMENT 40 CORONAVIRUS RELIEF FUND 41 STATE GRANTS- BUDGET ONLY 42 WA STATE TRAFFIC COMM GRANT 43 WASHINGTON STATE ARTS COMMISSION 44 PUD PRIVILEDGE TAX 45 TRIAL COURT IMPROVEMENT 46 CJ - POPULATION 47 CRIMINAL JUSTICE -SPECIAL PROGRAMS 48 MARIJUANA EXCISE TAX DISTRIBUTION 49 DUI - CITIES 50 FIRE INS PREMIUM TAX 51 LIQUOR EXCISE TAX 52 LIQUOR BOARD PROFITS 53 MISCELLANEOUS INT ERLOCAL REVENUE 54 FIRST RESPONDERS FLEX FUND 55 DISCOVERY PROGRAMS TECHNOLOGY ACQ. $ 11,327,000 $ 5,722,494 $ 5,794,100 $ 5,532,900 510/c 4,578,000 2,279,288 2,323,911 2,254,089 5101( 500 27 4 496 10/( 11,900,000 5,402,133 5,538,698 6,361,302 470/( 7,600 8,932 9,594 (1,994) 1260/( 1,150,000 498,770 506,620 643,380 440/c 1,900,000 993,628 1,028,609 871,391 540/( 845,000 524,767 610,670 234,330 720/( 384,000 181,436 205,821 178,179 5401( 1,000,234 407,126 431,287 568,947 430/( 942,960 395,305 501,909 441,051 530/( 621,458 290,407 300,418 321,040 480/( 850,000 410,719 411,579 438,421 480/( 773,000 250,253 197,261 575,739 260/( 80,200 38,435 44,826 35,374 560/( 350 - 22 328 60/( 326,000 152,773 160,501 165,499 49% 36,686,302 17,556,491 18,065,830 18,620,472 490% 250 100 50 200 200/( 700 20 485 215 690/( 94,500 36,271 38,109 56,391 400/( 702,700 349,602 344,068 358,632 490/( 41,000 18,000 16,553 24,447 400/( 100,600 24,677 20,529 80,071 200/( 450,000 199,970 227,219 222,781 5001( 250,000 121,129 130,012 119,988 520/( 80,000 51,535 51,695 28,305 650/( 30,000 30,173 13,962 16,038 470/( 750,600 436,120 215,093 535,507 290/( - - 3,500 (3,500) 00/( - - 35,470 (35,470) 00/( 24,000 10,938 12,587 11,413 520/( 75,000 51,835 19,990 55,010 270/( - - 5,280 (5,280) 00/( 20,000 - 9,488 10,512 470/( - 9,854 551 (551) 00/( 2,619,350 1,340,224 1,144,640 1,474,710 44% 166,309 - - 166,309 00/( 9,000 5,237 - 9,000 00/( - 992 - - 00/( 11,100 718 9,479 1,621 850/( 1,494,875 - 64,474 1,430,401 40/( 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 10,676 6,064 640/( 13,070 7,142 7,518 5,552 580/( 50,600 25,386 26,595 24,005 530/( 125,000 49,330 51,603 73,397 410/( 4,500 3,587 105 4,395 20/( - 56,744 75,698 (75,698) 00/( 325,000 152,556 150,641 174,359 460/( 343,200 166,379 164,299 178,901 480/( - - 500 (500) 00/( 1,000 279 - 1,000 00/( 550 - - 550 00/( 3,050,089 481,432 780,861 2,269,228 260% d a cv C eo c IL d R O CI c O c� d C0 M N 0 N O O. d C cv c iL A t C O M N 0 N O C 7 C Cl) E t c� O Q 2022 Local Retail Sa/es Use Tax revenues are $136,564 higher than 2021 revenues. Please also see pages pages 5 & 6. 21 1 Packet Pg. 169 1 I 8.1.a I Page 2 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2023 Amended 6/30/2022 Title Budget Revenues 6/30/2023 Amount Revenues Remaining %Received CHARGES FOR GOODS AND SERVICES: 1 RECORD/LEGAL INSTRUMENTS $ 3,000 $ 2,844 $ 1,758 $ 1,242 2 ATM SURCHARGE FEES 600 109 113 487 3 CREDIT CARD FEES 6,000 441 - 6,000 4 COURT RECORD SERVICES 150 1 - 150 5 D/M COURT REC SER 300 - - 300 6 WARRANT PREPARATION FEE 4,000 98 - 4,000 7 IT TIME PAY FEE 1,000 54 58 942 8 MUNIC.-DIST. COURT CURR EXPEN 50 103 88 (38) 9 CLERKS TIME FOR SALE OF PARKING PERMITS 25,000 - - 25,000 10 PHOTOCOPIES 100 51 6 94 11 POLICE DISCLOSURE REQUESTS 1,000 - - 1,000 12 ENGINEERING FEES AND CHARGES 190,000 118,548 35,031 154,969 13 ELECTION CANDIDATE FILING FEES 1,400 2,885 - 1,400 14 CUSTODIAL SERVICES(SNO-ISLE) 100,000 47,068 27,352 72,648 15 PASSPORTS AND NATURALIZATION FEES 5,000 2,628 30,205 (25,205) 16 POLICE SERVICES SPECIAL EVENTS 30,000 - - 30,000 17 CAMPUS SAFETY-EDM. SCH. DIST. 14,000 3,169 1,684 12,316 18 WOODWAY-LAW PROTECTION 210,970 105,485 170,569 40,401 19 MISCELLANEOUS POLICE SERVICES - 25 20 (20) 20 FIRE DISTRICT #1 STATION BILLINGS 67,000 35,250 43,768 23,232 21 LEGAL SERVICES 1,050 702 - 1,050 22 ADULT PROBATION SERVICE CHARGE 38,000 10,225 4,209 33,791 23 BOOKING FEES 3,000 317 66 2,934 24 FIRE CONSTRUCTION INSPECTION FEES 10,000 14,335 10,802 (802) 25 EMERGENCY SERVICE FEES 3,500 451 323 3,177 26 EMS TRANSPORT USER FEE 1,077,500 486,524 611,546 465,954 27 FLEX FUEL PAYMENTS FROM STATIONS 5,000 2,356 2,992 2,008 28 ZONING/SUBDIVISION FEE 65,600 55,959 17,064 48,536 29 BUILDING PLAN REVIEW AND INSPECTION 425,000 181,346 390,276 34,724 30 FIRE PLAN REVIEW 4,000 7,782 12,206 (8,206) 31 PLANNING REVIEW AND INSPECTION 500 110 41,665 (41,165) 32 S.E.P.A. REVIEW 3,000 3,700 2,430 570 33 ENGINEERING PLAN REVIEW AND INSPECTION - - 26,630 (26,630) 34 CRITICAL AREA STUDY 14,000 9,330 9,537 4,463 35 GYM AND WEIGHT ROOM FEES 13,000 1,202 4,681 8,319 36 PROGRAM FEES 990,959 377,080 479,763 511,196 37 HOLIDAY MARKET REGISTRATION FEES 5,000 - 455 4,545 38 UP TOWN EVENING MARKET FEES 5,000 1,295 - 5,000 39 WINTER MARKET FEES 5,000 7,310 9,005 (4,005) 40 EDMONDS COMMUNITY FAIR FEES - - 150 (150) 41 BIRD FEST REGISTRATION FEES 1,000 - - 1,000 42 INTERFUND REIMBURSEMENT -CONTRACT SVCS 3,427,765 589,245 1,362,001 2,065,764 6,757,444 2,068,027 3,296,454 3,460,990 59% 19% 0% 0% 0% 0% 6% 176% 0% 6% d 0% 18% Q. 0% 27% 604% t� 0% 12% .� 81% i 0% d 65% 0% 3 11% 2% 108% v 9% G� 57% 60% N 26% N 92% 305% r- 8333% 0 81% d 0% 68% .� 36% 48% 9% 0% 180% s 0% 0./ O 40% 49% N 0 N O C 7 C O 1= t C� Q 22 Packet Pg. 170 8.1.a Page 3 of 3 C ITY O F EDMO NDS REVENUES - GENERAL FUND 2023 Amended 6/30/2022 6/30/2023 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 JUDGMENT SiRESTITUTION 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 TRANSFER IN: 52 TRANSFER FROM FUND 127 $ 2,000 $ 961 $ 1,086 $ 914 540/( 130,000 31,310 37,182 92,818 290/( 18,000 2,104 881 17,119 501( 10,000 2,036 1,264 8,736 130/( - - 31,873 (31,873) 00/( 1,000 - 5,386 (4,386) 5390/( 1,500 298 1,222 278 810/( 125,000 8,152 2,570 122,430 20/( 2,000 114 239 1,761 120/( 7,000 1,840 1,345 5,655 190/( 300 47 1 299 00/( 100 14 - 100 00/( 1,500 718 622 878 410/( 25,000 5,209 3,192 21,808 130/( 2,000 759 560 1,440 280/( 700 74 3 697 00/( 100 - 100 0 1000/( 12,000 8,383 108 11,892 10/( 800 27 100 700 130/( 1,000 225 48 952 501( 200 - - 200 00/( 6,000 1,931 935 5,065 160/( 4,000 1,464 2,446 1,554 610/( 1,000 147 393 607 390/( 1,000 50 - 1,000 00/( 150 - - 150 00/( 352,350 65,865 91,556 260,794 26% 321,240 132,806 67,219 254,021 210/( 10,960 4,158 34,219 (23,259) 3120/( 12,180 2,845 1,010 11,170 80/( 12,080 - - 12,080 00/( 175,000 70,576 70,947 104,053 410/( 2,100 - - 2,100 00/( 210,000 103,112 113,156 96,844 540/( 1,500 239 105 1,395 70/( 3,500 4,800 16,500 (13,000) 4710/( 1,500 515 500 1,000 330/( 5,000 249 - 5,000 00/( 300 76 616 (316) 2050/( 3,800 1,761 2,403 1,397 630/( 2,000 - - 2,000 00/( 146,000 - 49,007 96,993 340/( 200 100 66 134 330/( - 30 10 (10) 00/( 5,000 911 20,932 (15,932) 4190/( 100 21 1 99 10/( 100 30 - 100 00/( 150 60 - 150 00/( - - 4 (4) 00/( - - 8,702 (8,702) 00/( 8,500 5,970 7,494 1,006 880/( 800,000 - - 800,000 00/( 1,721,210 328,258 392,889 1,328,321 230% 13,150 - - 00% - 13,150 - - 00% TOTAL GENERAL FUND REVENUE $ 51,186,745 $ 21,853,448 $ 23,772,230 $ 27,414,515 460% Q 23 Packet Pg. 171 I 8.1.a I Page 1 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2023 Amended 6/30/2022 6/30/2023 Amount Title Budget Expenditures Expenditures Remaining %Spent GENERAL FUND EXPENDITURES (001) 1 SALARIES AND WAGES $ 23,641,702 $ 8,658,715 $ 10,729,219 $ 12,912,483 450/ 2 OVERTIME 649,080 542,414 476,919 172,161 730/ 3 HOLIDAY BUY BACK 294,001 10,798 5,674 288,327 20/ 4 BENEFITS 8,031,104 3,219,831 3,840,028 4,191,076 480/ 5 UNIFORMS 130,851 44,036 75,674 55,177 580/ 6 PENSION AND DISABILITY PAYMENTS 165,023 41,550 46,340 118,683 280/ 7 SUPPLIES 759,025 218,203 221,606 537,419 290/ 8 SMALL EQUIPMENT 307,791 78,358 113,688 194,103 370/ 9 PROFESSIONAL SERVICES 18,312,206 7,440,510 8,770,655 9,541,551 480/ 10 COMMUNICATIONS 241,295 71,497 102,513 138,782 420/ 11 TRAVEL 74,795 30,075 46,418 28,377 620/ 12 EXCISE TAXES 16,500 14,225 13,090 3,410 790/ 13 RENTAL/LEASE 2,780,344 1,013,259 1,119,683 1,660,661 400/ 14INSURANCE 625,650 503,160 625,650 (0) 1000/ 15 UTILITIES 663,800 272,347 293,317 370,483 440/ 16 REPAIRS& MAINTENANCE 673,900 244,927 495,462 178,438 740/ 17 MISCELLANEOUS 667,593 274,495 328,449 339,144 490/ 18 INTERGOVERNMENTAL PAYMENTS 50,000 50,000 50,000 - 1000/ 19 INTERFUND SUBSIDIES 1,341,982 542,500 986,522 355,460 740/ 20 BUILDINGS 800,000 45,195 285,637 514,363 360/ 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 72,294 65,733 65,737 500/ 25 OTHER INTEREST & DEBT SERVICE COSTS 500 212 - 500 00/ 61,780,797 23,484,941 28,704,022 33,076,775 47 LEO FF-MEDIC AL INS. RESERVE(009) 26 BENEFITS $ 206,650 $ 86,911 $ 98,322 $ 108,328 480/ 27 PENSION AND DISABILITY PAYMENTS 152,990 42,426 64,518 88,472 420/ 28 PROFESSIONAL SERVICES 7,000 13,704 - 7,000 00/ 29 MISCELLANEOUS 500 485 500 00/ 367,140 S 143,526 S 162,840 204,300 440 RISK MANAG04ENT RESERVE FUND (011) 30 MISCELLANEOUS $ 25,000 $ - $ $ 25,000 00/ 25,000 25,000 05/ 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 - - 87,284 (87,284) 00/ 37 MACHINERY/EQUIPMENT - 552 - - 00/ 1,275,000 17,074 S 102,751 1,172,249 80/ 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 0o r� Q 24 Packet Pg. 172 I 8.1.a I Page 2 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2023 Amended 6/30/2022 6/30/2023 Amount Title Budget Expenditures Expenditures Remaining % Spent STREETFUND (111) 1 SALARIES AND WAGES $ 1,017,313 $ 349,036 $ 573,447 $ 443,866 569 2 OVERTIME 38,400 18,101 16,904 21,496 449 3 BENEFITS 415,385 170,959 229,522 185,863 559 4 UNIFORMS 6,000 3,912 4,404 1,596 739 5 SUPPLIES 263,000 54,702 118,855 144,145 459 6 SMALL EQUIPMENT 20,000 985 1,657 18,343 89 7 PROFESSIONAL SERVICES 23,210 10,200 4,964 18,246 219 8 COMMUNICATIONS 4,500 3,097 2,938 1,562 650 9 TRAVEL 1,000 - - 1,000 09 10 RENTAL/LEASE 304,730 144,207 126,515 178,215 429 11 INSURANCE 126,466 184,111 126,467 (1) 1009 12 UTILITIES 273,730 110,454 114,750 158,980 420 13 REPAIRS&MAINTENANCE 52,000 21,167 12,550 39,450 249 14 MISCELLANEOUS 8,000 11,552 6,322 1,678 799 15 BUILDINGS 25,000 - - 25,000 09 16 OTHERIMPROVEMENTS - 165,353 (165,353) 09 17 GENERAL OBLIGATION BOND PRINCIPAL 4,380 - - 4,380 09 18 INTEREST 300 185 149 151 509 COMBINED STREETCONST[IMPROVE(112) 19 PROFESSIONAL SERVICES 20 REPAIRS & MAINTENANCE 21 INTERFUND SUBSIDIES 22 LAND 23 CONSTRUCTION PROJECTS 24 INTERGOVERNMENTAL LOANS 25 INTEREST MUNICIPAL ARTS ACQUIS. FUND (117) 26 SUPPLIES 27 SMALL EQUIPMENT 28 PROFESSIONAL SERVICES 29 TRAVEL 30 RENTAL/LEASE 31 REPAIRS & MAINTENANCE 32 MISCELLANEOUS HO TEL/MO TEL TAX REVENUE FUND (120) 33 PROFESSIONAL SERVICES 34 MISCELLANEOUS 35 INTERFUND SUBSIDIES EMPLO YEE PARKING PERMIT FUND (12 1) 36 SUPPLIES 37 PROFESSIONAL SERVICES YOUTH SCHOLARSHIP FUND (122) 38 MISCELLANEOUS TOURISM PROMOTIONAL FUND/ARTS (123) 39 PROFESSIONAL SERVICES $ 2,583,414 $ 1,082,668 $ 1,504,797 $ 1,078,617 5M $ 3,817,980 $ 237,716 $ 956,567 $ 2,861,413 259 1,139,535 22,408 935,906 203,629 829 172,650 - 21,388 151,262 129 270,000 69,759 - 270,000 09 5,818,580 270,868 2,413,318 3,405,262 419 54,070 72,201 54,058 12 1009 880 1,230 869 11 999 $ 11,273,695 $ 674,183 $ 4,382,107 $ 6,891,588 399 $ 4,700 $ 892 $ 529 $ 4,171 119 1,700 - - 1,700 09 191,000 24,529 32,877 158,123 179 80 - - 80 09 3,000 - 3,000 09 300 - - 300 09 6,600 1,209 2,542 4,058 399 $ 207,380 $ 26,630 $ 35,949 $ 171,431 179 $ 90,400 $ 24,566 $ 5,387 $ 85,013 69 1,000 - - 1,000 09 4,000 2,000 2,000 2,000 509 $ 95,400 $ 26,566 $ 7,387 $ 88,013 89 $ 1,790 $ $ - $ 1,790 09 25,090 - 25,090 09 $ 26,880 $ $ - $ 26,880 09 $ 3,000 $ $ - $ 3,000 09 $ 3,000 $ $ - $ 3,000 09 $ 28,500 $ 533 $ 7,212 $ 21,288 259 $ 28,500 8 533 $ 7,212 $ 21,288 259 r� Q 25 Packet Pg. 173 I 8.1.a I Page 3 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2023 Amended 6/30/2022 6/30/2023 Amount Title Budget Expenditures Expenditures Remaining %Spent REAL ESTATE EXC ISE TAX 2 (125) 1 SUPPLIES $ - $ 11,221 $ - $ - 09 2 PROFESSIONAL SERVICES 616,867 211,627 186,768 430,099 309 3 REPAIRS& MAINT ENANCE 1,148,910 63,167 245,491 903,419 219 4 INTERFUND SUBSIDIES 5,684 - - 5,684 09 5 LAND 200,000 - 77,708 122,292 390 6 CONSTRUCTION PROJECTS 2,343,957 635,174 709,678 1,634,279 309 $ 4,315,418 $ 921,189 $ 1,219,644 $ 3,095,774 280 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 23 INTERFUND SUBSIDIES C EMEIERY MAINTENANC UIMPRO VEMENT (13 0) 24 SALARIES AND WAGES 25 OVERTIME 26 BENEFIT S 27 UNIFORMS 28 SUPPLIES 29 SUPPLIES PURCHASED FOR INVENTORY/RESALE 30 PROFESSIONAL SERVICES 31 COMMUNICATIONS 32 TRAVEL 33 RENTAL/LEASE 34 UTILITIES 35 REPAIRS & MAINTENANCE 36 MISCELLANEOUS PARKS TRUSTFUND (136) 37 PROFESSIONAL SERVICES CEMETERY MAINTENANCE TRUST FUND (137) 38 SMALL EQUIPMENT SISTER CITY COMMISSION (138) 39 SUPPLIES 40 TRAVEL 41 MISCELLANEOUS BUSINESS IMPROVEMENT DISTRICT FUND (140) 42 SUPPLIES 43 PROFESSIONAL SERVICES 44 MISCELLANEOUS EDMONDS RESCUE PLAN FUND (142) 45 PROFESSIONAL SERVICES TREE FUND (143) 46 SUPPLIES 47 PROFESSIONAL SERVICES 48 LAND $ 260,420 $ 43,869 $ 185,020 $ 75,400 719 578,340 15,081 23,563 554,777 49 147,557 10,138 - 147,557 09 - - - - 00 554,755 97,473 - 554,755 09 155,470 - - 155,470 09 103,970 55,314 51,982 51,988 509 - 380 - - 09 $ 1,800,512 $ 222,256 $ 260,565 $ 1,539,947 149 $ 196,455 $ $ 53,758 $ 142,697 279 - 4,401 (4,401) 09 80,033 25,140 54,893 319 146,000 6,359 35,440 110,560 249 500 - - 500 09 56,500 - 56,500 09 17,510 7,296 10,214 429 600 - 348 252 589 - 13,150 - - 09 $ 497,598 $ 19,509 $ 126,382 $ 371,216 259 $ 137,541 $ 49,325 $ 67,288 $ 70,253 499 3,500 715 1,228 2,272 359 54,487 19,494 24,470 30,017 459 1,000 - - 1,000 09 7,000 520 2,771 4,229 409 20,000 10,777 11,842 8,158 590 4,200 1,150 3,248 952 779 1,700 860 864 836 519 500 - - 500 09 9,420 5,874 3,977 5,444 429 5,565 1,884 2,235 3,330 409 500 - - 500 09 4,000 3,946 5,383 (1,383) 1359 $ 249,413 $ 94,544 $ 123,305 $ 126,108 499 $ 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 $ 5,335 $ 6,339 $ (2,248) 1559 78,327 25,090 23,155 55,172 309 6,157 738 1,175 4,982 199 88,575 31,164 30,669 57,906 359 $ 1,669,000 $ 433,332 $ 712,100 $ 956,900 439 1,669,000 433,332 712,100 956,900 439 $ 1,000 $ $ - $ 1,000 09 39,800 - 39,800 09 199,000 - 199,000 09 239,800 $ 239,800 09- d O Z3 Q. i0 C eo C IL L d co O Cl C O U d CO M N 0 N O CL d 0' iv C eo C M t C O M N 0 N O C 7 r-� C O E t U O Q 26 Packet Pg. 174 I 8.1.a I Page 4 of 6 C ITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2023 Amended 6/30/2022 6/30/2023 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 41,009 37,395 37,405 509 $ 309,800 $ 41,009 $ 37,395 $ 272,405 129 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 21 INSURANCE 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 RENTALILEASE 45 INSURANCE 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 1,352,620 221,208 163,868 1,188,752 129 805,377 2,593,779 989,360 (183,983) 1239 50,000 - - 50,000 09 47,650 26,059 23,825 23,825 509 $ 2,255,647 $ 2,903,702 $ 1,177,053 $ 1,078,594 524 r� O $ 1,108,268 $ 381,385 $ 514,643 $ 593,625 469 Q. 24,000 6,804 10,049 13,951 429 422,439 160,455 195,440 226,999 469 4,000 2,659 3,078 922 770 V 150,000 63,413 75,089 74,911 509 C 2,398,000 699,886 762,504 1,635,496 329 180,000 83,769 76,786 103,214 439 jZ 13,500 2,692 3,784 9,716 289 d 2,256,928 319,295 658,838 1,598,090 299 •- 35,000 15,324 16,609 18,391 479 200 - 462 (262) 2310 (+J 1,696,934 629,628 663,238 1,033,696 399 187,952 75,484 77,374 110,578 410 G 225,380 122,359 225,379 1 1009 U 35,000 17,087 17,704 17,296 510 0) 0) 71,130 21,230 19,705 51,425 289 M 123,600 99,973 125,868 (2,268) 1029 c 646,370 194,533 189,888 456,482 299 N 12,500 - - 12,500 09 10,000 - - 10,000 09 O 1,670,000 87,212 47,283 1,622,717 39 2,940 - - 2,940 09 333,830 - - 333,830 09 25,840 25,839 25,839 1 1009 'v 185,300 104,805 92,769 92,531 509 - 378 - - 09 = $ 11,819,111 $ 3,114,209 $ 3,802,333 $ 8,016,778 329 M 21 $ 991,952 $ 384,271 $ 583,718 $ 408,234 599 26,000 9,824 6,242 19,758 240 C 376,317 159,458 204,750 171,567 549 0 6,500 5,543 4,928 1,572 769 M 46,000 28,774 8,825 37,175 190 C 4,000 985 1,713 2,287 439 N 3,124,919 412,052 647,516 2,477,403 219 C 3,200 2,660 2,921 279 919 7 4,300 1,982 - 4,300 09 499,658 337,572 349,361 150,297 709 293,210 131,662 120,844 172,366 419 O 31,679 82,335 31,680 (1) 1009 t 10,500 7,853 7,969 2,531 769 C� 189,130 11,852 11,327 177,803 69 232,300 110,513 112,424 119,876 489 Q 283,237 74,810 72,689 210,548 269 680,000 - - 680,000 09 25,000 - 25,000 09 - - 12,536 (12,536) 09 1,031,645 281,617 238,696 792,949 239 107,290 - - 107,290 09 160,870 - - 160,870 09 61,600 61,590 61,590 10 1009 103,070 61,859 55,231 47,839 549 - 165 - - 09 $ 8,292,377 $ 2,167,378 $ 2,534,959 $ 5,757,418 319 27 Packet Pg. 175 I 8.1.a I Page 5 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2023 Amended 6/30/2022 6/30/2023 Amount Title Budget Expenditures Expenditures Remaining %Spent SEWER FUND (423) 1 SALARIES AND WAGES $ 2,836,518 $ 897,697 $ 1,637,966 $ 1,198,552 580 2 OVERTIME 130,000 70,432 80,658 49,342 620 3 BENEFITS 940,857 359,571 563,752 377,106 609 4 UNIFORMS 11,500 7,399 7,499 4,001 659 5 SUPPLIES 453,000 155,544 213,066 239,934 479 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 99,144 7,315 76,585 99 9 PROFESSIONAL SERVICES 2,587,949 1,124,702 1,021,725 1,566,224 399 10 COMMUNICATIONS 48,000 22,230 23,324 24,676 499 11 TRAVEL 5,000 - 144 4,856 39 12 EXCISE TAXES 1,026,360 505,350 611,224 415,136 600 13 RENTAL/LEASE 312,006 160,257 130,040 181,966 420 14 INSURANCE 360,663 203,936 362,302 (1,639) 1000 15 UTILITIES 1,582,060 1,181,279 1,666,216 (84,156) 1059 16 REPAIR & MAINTENANCE 728,630 492,934 152,332 576,298 210 17 MISCELLANEOUS 138,350 122,258 182,051 (43,701) 1329 18 INTERFUND SUBSIDIES 1,588,089 319,999 326,829 1,261,260 219 19 BUILDINGS 12,500 - - 12,500 09 20 MACHINERY/EQUIPMENT - 68,126 - - 09 21 CONSTRUCTION PROJECTS 2,976,163 1,989,039 - 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 353,270 179,830 175,302 177,968 500 26 OTHER INTERESI' & DEBT SERVICE COSTS - 2,959 1,948 (1,948) 09 $ 16,488,945 $ 8,121,701 $ 7,251,742 $ 9,237,203 449 BOND RESERVE FUND (424) 27 REVENUE BONDS $ 840,010 $ - $ - $ 840,010 09 28 INTEREST 1,149,810 589,342 574,892 574,918 509 $ 1,989,820 $ 589,342 $ 574,892 $ 1,414,928 299 Q 28 Packet Pg. 176 I 8.1.a I Page 6 of 6 C ITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2023 Amended 6/30/2022 6/30/2023 Amount Title Budget Expenditures Expenditures Remaining %Spent EQ UIPMENT RENTAL FUND (511) 1 SALARIES AND WAGES $ 331,652 $ 168,065 $ 209,252 $ 122,400 634 2 OVERTIME 2,000 222 878 1,122 444 3 BENEFITS 115,897 55,921 66,593 49,304 574 4 UNIFORMS 1,500 838 1,157 343 774 5 SUPPLIES 149,120 57,956 60,464 88,656 414 6 FUEL CONSUMED 1,000 - - 1,000 04 7 SUPPLIES PURCHASED FOR INVENTORY/RESALE 458,880 181,762 159,576 299,304 354 8 SMALL EQUIPMENT 58,000 2,282 1,955 56,045 34 9 PROFESSIONAL SERVICES 46,750 752 775 45,975 24 10 COMMUNICATIONS 3,000 1,088 1,419 1,581 474 11 TRAVEL 1,000 - 1,119 (119) 1124 12 RENTAL/LEASE 17,470 5,184 7,048 10,422 404 13 INSURANCE 50,178 51,903 52,373 (2,195) 1044 14 UTILITIES 14,000 10,912 12,091 1,909 864 15 REPAIRS & MAINTENANCE 60,000 14,224 27,959 32,041 474 16 MISCELLANEOUS 12,000 5,139 5,834 6,166 494 17 MACHINERY/EQUIPMENT 3,109,411 117,710 626,473 2,482,938 204 $ 4,431,858 $ 673,957 $ 1,234,967 $ 3,196,891 2M TEC HNO LO GY RENTAL FUND (512) 18 SALARIES AND WAGES $ 657,771 $ 145,073 $ 277,429 $ 380,342 424 19 OVERTIME 2,000 169 225 1,775 114 20 BENEFITS 191,954 57,164 101,906 90,048 534 21 SUPPLIES 5,000 4,196 4,238 762 854 22 SMALL EQUIPMENT 181,800 22,268 58,937 122,863 324 23 PROFESSIONAL SERVICES 61,860 11,138 29,132 32,728 474 24 COMMUNICATIONS 58,770 38,625 42,835 15,935 734 25 TRAVEL 1,500 - - 1,500 04 26 RENTAL/LEASE 4,640 2,230 684 3,957 154 27 REPAIRS&MAINTENANCE 476,532 397,181 443,888 32,644 934 28 MISCELLANEOUS 55,600 841 9,841 45,759 184 29 MACHINERY/EQUIPMENT 56,000 26,346 13,060 42,940 2M $ 1,753,427 $ 705,231 $ 982,174 $ 771,253 564 TOTAL EXPENDITURE ALL FUNDS $ 134,024,949 $ 45,497,255 $ 54,975,662 $ 79,049,287 414 Q 29 Packet Pg. 177 8.1.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 6/30/2022 6/30/2023 Amount Budget Expenditures Expenditures Remaining %Spent $ 486,256 $ 157,419 $ 208,152 $ 278,104 43% 504,873 178,561 195,229 309,644 39% 1,296,947 458,397 455,291 841,656 35% 2,240,163 591,066 726,808 1,513,355 32% 2,497,266 1,088,001 1,327,293 1,169,973 53% 1,161,780 465,893 427,830 733,950 37% Q. 15,627,335 7,606,046 9,392,113 6,235,222 60% 14,993,027 6,213,167 6,661,514 8,331,513 44% V C 230,681 37,314 56,650 174,031 25% 1,309,051 250,483 599,614 709,437 46% i 5,236,088 1,678,976 1,934,311 3,301,777 37% d 324,650 49,010 124,450 200,200 38% 7 (+J 6,573,617 2,119,385 2,623,359 3,950,258 40% C O 4,267,653 1,509,229 1,968,992 2,298,661 46% d C0 5,031,410 1,081,995 2,002,414 3,028,996 40% m $ 61,780,797 $ 23,484,941 $ 28,704,022 $ 33,076,775 46% N O d CITY OF E DMO NDS EXPENDITURES - UTILITY- BY FUND IN SUMMARY C O C 2023 Amended 6/30/2022 6/30/2023 Amount IL Budget Expenditures Expenditures Remaining %Spent 2+ WATER UTILITY FUND $ 11,819,111 $ 3,114,209 $ 3,802,333 $ 8,016,778 32% STORM UTILITY FUND 8,292,377 2,167,378 2,534,959 5,757,418 31% 2 M SEWER/WWTP UTILITY FUND 16,488,945 8,121,701 7,251,742 9,237,203 44% N BOND RESERVE FUND 1,989,820 589,342 574,892 1,414,928 29% $ 38,590,253 $ 13,992,630 $ 14,163,925 $ 24,426,328 37% a O E t c� O Q 30 Packet Pg. 178 Page 1 of 2 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title 2023 Amended Budget 6/30/2022 Expenditures 6/30/2023 Expenditures Amount Remaining %Spent CITY COUNCIL SALARIES AND WAGES $ 219,276 $ 88,197 $ 111,169 $ 108,107 51% BENEFITS 103,845 47,038 51,921 51,924 50% SUPPLIES 11,000 1,069 968 10,032 9% SERVICES 152,135 21,116 44,094 108,041 29% $ 486,256 $ 157,419 $ 208,152 $ 278,104 43% O FFIC E O F MAYO R SALARIES AND WAGES $ 282,988 $ 124,292 $ 130,072 $ 152,916 46% BENEFITS 90,087 42,870 44,981 45,106 50% SUPPLIES 1,500 1,643 1,042 458 69% SERVICES 130,298 9,755 19,134 111,164 15% $ 504,873 $ 178,561 $ 195,229 $ 309,644 39% HUMAN RESOURCES SALARIES AND WAGES $ 782,258 $ 234,176 $ 253,877 $ 528,381 32% BENEFITS 243,609 80,361 96,619 146,990 40% C SUPPLIES 13,600 701 549 13,051 4% co C SERVICES 257,480 143,158 104,245 153,235 40% LL $ 1,296,947 $ 458,397 $ 455,291 $ 841,656 35% d MUNICIPAL C O URT SALARIES AND WAGES $ 1,594,770 $ 379,034 $ 489,473 $ 1,105,297 31% R BENEFITS 434,072 116,480 154,275 279,797 36% 0 SUPPLIES 11,600 4,829 7,904 3,696 68% C SERVICES 199,721 90,724 75,155 124,566 38% V $ 2,240,163 $ 591,066 $ 726,808 $ 1,513,355 32% fa) ADMINISTRATIVESERVICES � � SALARIES AND WAGES $ 1,601,894 $ 665,439 $ 861,913 $ 739,981 54% C BENEFITS 465,703 213,378 247,516 218,187 53% V SUPPLIES 13,000 6,253 3,434 9,566 26% r_ SERVICES 416,669 202,930 214,431 202,238 51% p $ 2,497,266 $ 1,088,001 $ 1,327,293 $ 1,169,973 53% y CITY ATTORNEY SERVICES $ 1,161,780 $ 465,893 $ 427,830 $ 733,950 37% $ 1,161,780 $ 465,893 $ 427,830 $ 733,950 37% C NON -DEPARTMENTAL SALARIES AND WAGES $ 101,750 $ - $ - $ 101,750 0% C jL BENEFITS 239,583 62,143 70,423 169,160 29% >, SUPPLIES 5,000 - - 5,000 0% SERVICES 13,565,430 6,878,898 8,219,435 5,345,995 61% INTERFUND SUBSIDIES 1,391,982 592,500 1,036,522 355,460 74% C DEBT SERVICE - PRINCIPAL 191,620 - - 191,620 0% M DEBT SERVICE - INTEREST 131,970 72,505 65,733 66,237 50% Np $ 15,627,335 $ 7,606,046 $ 9,392,113 $ 6,235,222 60% N PO LIC E SERVIC ES C SALARIES AND WAGES $ 9,566,760 $ 3,983,715 $ 4,249,828 $ 5,316,932 44% BENEFITS 3,305,628 1,402,791 1,515,805 1,789,823 46% SUPPLIES 342,941 107,199 110,650 232,291 32% SERVICES 1,777,698 623,118 785,231 992,467 44% E MACHINERY/EQUIPMENT - 96,343 - - 0% V $ 14,993,027 $ 6,213,167 $ 6,661,514 $ 8,331,513 44% S ATELLITE O FFIC E r� Q SALARIES AND WAGES $ 38,537 $ - $ 21,840 $ 16,697 57% BENEFITS 7,298 - 11,154 (3,856) 153% SUPPLIES 17,000 11,057 - 17,000 0% SERVICES 167,846 26,257 23,656 144,190 14% $ 230,681 $ 37,314 $ 56,650 $ 174,031 25% 31 Packet Pg. 179 1 I 8.1.a I Page 2 of 2 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2023 Amended 6/30/2022 6/30/2023 Amount Title Budget Expenditures Expenditures Remaining %Spent COMMUNITY S ERVIC ES /EC O N DEV. SALARIES AND WAGES $ 613,413 $ 99,087 $ 332,395 $ 281,018 54% BENEFITS 165,783 32,127 84,782 81,001 51% SUPPLIES 4,075 269 442 3,633 11% SERVICES 525,780 119,000 181,995 343,785 35% $ 1,309,051 $ 250,483 $ 599,614 $ 709,437 46% PLANNING & DEVELOPMENT SALARIES AND WAGES $ 2,392,581 $ 1,017,598 $ 1,175,265 $ 1,217,316 49% BENEFITS 779,673 351,886 429,701 349,972 55% SUPPLIES 23,400 4,133 6,232 17,168 27% SERVICES 2,040,434 305,360 323,113 1,717,321 16% $ 5,236,088 $ 1,678,976 $ 1,934,311 $ 3,301,777 37% HUMAN SERVICES PROGRAM SALARIES AND WAGES $ 101,849 $ 32,570 $ 55,740 $ 46,109 55% BENEFITS 29,301 7,196 18,212 11,089 62% SUPPLIES 15,000 442 1,084 13,916 7% SERVICES 178,500 8,802 49,414 129,086 281/0 324,650 49,010 124,450 200,200 38% PARKS & REC REATIO N SALARIES AND WAGES $ 3,318,976 $ 1,169,918 $ 1,494,965 $ 1,824,011 45% BENEFITS 1,060,280 404,786 517,494 542,786 49% SUPPLIES 468,900 115,179 138,891 330,009 30% SERVICES 1,635,461 429,502 472,009 1,163,452 29% MACHINERY/EQUIPMENT 90,000 - - 90,000 0% $ 6,573,617 $ 2,119,385 $ 2,623,359 $ 3,950,258 40% PUBLIC WORKS ADMINISTRATION SALARIES AND WAGES $ 409,900 $ 65,140 $ 208,496 $ 201,404 51% BENEFITS 150,075 31,451 63,919 86,156 43% SUPPLIES 9,600 2,519 7,347 2,253 77% SERVICES 92,439 41,574 36,607 55,832 40% $ 662,014 $ 140,684 $ 316,369 $ 345,645 48% FACILITIES MAINTENANCE SALARIES AND WAGES 1,163,868 429,253 685,034 478,834 59% BENEFITS 439,117 172,048 255,294 183,823 58% SUPPLIES 128,000 41,268 53,831.20 74,169 42% SERVICES 1,359,860 394,231 710,874 648,986 52% MACHINERY/EQUIPMENT 1,940,565 45,195 297,381 1,643,184 15% $ 5,031,410 $ 1,081,995 $ 2,002,414 $ 3,028,996 40% ENGINEERING SALARIES AND WAGES $ 2,395,963 $ 923,510 $ 1,141,743 $ 1,254,220 48% BENEFITS 812,924 340,861 399,947 412,977 49% SUPPLIES 2,200 - 2,921 (721) 133% SERVICES 394,552 104,174 108,012 286,540 27% $ 3,605,639 $ 1,368,545 $ 1,652,623 $ 1,953,016 46% TOTAL GENERAL FUND EXPENDITURES $ 61,780,797 $ 23,484,941 $ 28,704,022 $ 33,076,775 46% r� Q 32 Packet Pg. 180 8.1.a GENERAL FUND OVERVIEW BALANCES CHANGE IN FUND BALANCES GENERAL FUND ---- ACTUAL ---- ---- ACTUAL ---- & SUBFUNDS 6/30/2023 6/30/2023 Q2 YTD Fund Balance Cash Balance 001-General Fund $ 6,971,162 $ 4,296,097 $ 2,173,753 $ (4,931,793. 009-Leoff-Medical Ins. Reserve 166,523 182,476 51,932 (50,340:; 011-Risk Management Reserve Fund 25,000 25,000 - - -a a 012-Contingency Reserve Fund 2,228,672 2,228,672 446,522 446,522 014-Historic Preservation Gift Fund 11,701 11,701 - - f° .v 016-Building Maintenance 4,245,327 4,388,603 25,839 (51,276. coo c 017 - Marsh Restoration & Preservation 849,766 849,766 - - ii 018 - Edmonds Homelessness Response Fd 200,000 200,000 - - L Total General Fund & Subfunds $ 14,698,151 $ 12,182,315 $ 2,698,047 $ (4,586,887 3 CJ c 0 *$8,914,686 of the fund balance in Fund 001 added to the $2,228,672 balance in Fund 012, represent the required U 20% operating reserve. N M N There are no interfund loans outstanding at this time. O v 0 a m GOVERNMENTAL FUNDS OVERVIEW U_ BALANCES CHANGE IN FUND BALANCES o 2 ---- ACTUAL ---- ---- ACTUAL ---- M GOVERNMENTAL FUNDS 6/30/2023 6/30/2023 Q2 - YTD N c N Fund Balance Cash Balance c General Fund & Subfunds $ 14,698,151 $ 12,182,315 $ 2,698,047 $ (4,586,887: Special Revenue 16,258,060 21,919,020 582,341 (92,773. c Capital Projects - Fund 332 (443,716) (521,871) (241,319) (651,398 c� Total Governmental Funds $ 30,512,496 $ 33,579,463 $ 3,039,069 $ (5,331,059 Q *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. 181 8.1.a SPECIAL REVENUE FUNDS OVERVIEW BALANCES CHANGE IN FUND BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- SPECIAL REVENUE 6/30/2023 6/30/2023 Q2 YTD Fund Balance Cash Balance 104- Drug Enforcement Fund $ 68,670 $ 71,809 $ 1,041 $ 1,100 111 - Street Fund (6,744) (6,152) 221,483 (415,428 m 112- Combined Street Const/Improve 2,889,751 108,457 123,175 450,246 M 117 - Municipal Arts Acquis. Fund 617,915 648,118 (20,569) (16,973 a 120 - Hotel/Motel Tax Revenue Fund 134,468 123,942 17,303 39,604 121 - Employee Parkin Permit Fund 9 88,039 91,519 2,640 13,007 � 122 - Youth Scholarship Fund 15,343 16,049 122 135 123 -Tourism Promotional Fund/Arts 124,343 124,317 2,222 9,173 LL 125 -Real Estate Tax 2 2,736,013 2,837,648 (579,947) (556,544 126 - Real Estate Excise Tax 1 * 4,438,232 4,553,872 215,137 412,711 127 - Gifts Catalog Fund 2,999,706 3,141,809 (70,805) (64,087 = 130- Cemetery Maintenance/Improvement 244,365 257,219 (1,267) (23,804 136 - Parks Trust Fund 153,942 161,439 - (7,497 p 137 - CemeteryMaintenance Trust Fund 1,123,993 1,175,165 14,086 20,693 138 - Sister City Commission 22,157 23,080 2,465 2,263 M 140 -Business Improvement Disrict 62,542 62,542 (5,156) 22,758 c 141 -Affordable and Supportive Housing Fd 255,878 248,240 - 21,312 142 - Edmonds Rescue Plan Fund 61,133 8,041,139 658,594 (3,455 0 143 - Tree Fund 228,313 238,809 1,816 2,014 0- Total Special Revenue $ 16,258,060 $ 21,919,020 $ 582,341 $ (92,773 W *$200,000 of the fund balance in Fund 126 has been reserved for Marsh Restoration Funding, as well as $1,000,000 2 for the purchase of Open Space. _ c ENTERPRISE FUNDS OVERVIEW O 2 M N O BALANCES CHANGE IN FUND BALANCES c ENTERPRISE ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 6/30/2023 6/30/2023 Q2 YTD Fund Balance Cash Balance E t 421 -Water Utility Fund $ 33,070,579 $ 10,129,235 $ 1,293,400 $ 1,181,955 M 422-Storm Utility Fund* 19,287,718 6,401,031 2,832,824 1,215,985 Q 423 - Sewer/WWTP Utility Fund 65,423,912 15,613,753 7,527,964 2,424,578 424 - Bond Reserve Fund 852,410 852,410 5,357 8,449 411 -Combined Utility Operation 68,190 111,100 30,565 68,190 Total Enterprise Funds $ 118,702,809 $ 33,107,529 $ 11,690,109 $ 4,899,157 *$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. 182 8.1.a SUMMARY OVERVIEW BALANCES CHANGE IN FUND BALANCES ---- ACTUAL ---- ---- ACTUAL ---- CITY-WIDE 6/30/2023 6/30/2023 Q2 YTD Fund Balance Cash Balance Governmental Funds $ 30,512,496 $ 33,579,463 $ 3,039,069 $ (5,331,059 Enterprise Funds 118,702,809 33,107,529 11,690,109 4,899,157 ^y Internal Services Fund 9,945,409 5,558,251 129,436 (412,895 .r -a a Total City-wide Total $ 159,160,714 $ 72,245,243 $ 14,858,613 $ (844,796 .v c c ii INTERNAL SERVICE FUNDS OVERVIEW L 0 U M N BALANCES CHANGE IN FUND BALANCES N INTERNAL SERVICE ---- ACTUAL ---- ---- ACTUAL ---- r_ 0 FUNDS 6/30/2023 6/30/2023 Q2 YTD Fund Balance Cash Balance 511 - Equipment Rental Fund $ 9,294,735 $ 5,215,162 $ 152,945 $ (101,066 c 512 -Technology Rental Fund 650,674 343,089 (23,509) (311,828 u- Total Internal Service Funds $ 9,945,409 $ 5,558,251 $ 129,436 $ (412,895 r c 0 M N O N N C 7 7 C d E L V 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. 183 2023 Second Quarter Financial Update August 15, 2023 m RLY A Op Eb4f AlQ U~ w O6 Packet Pg. 184 What to expect? Tonight — second quarter (January — June) financial update, focusing on the first 6 months of the year Next week — annual Fund Balance Status Report on the General Fund Operating Reserve balance and the Contingency Reserve Fund balance, per the Fund Balance Reserve Policy October — required presentations reviewing 1) city revenue sources in general, 2) property taxes in particular Spring 2024 — recap of 2023 and updating final results for the year Some items to note this half -year are: • • Page 21— Sales Tax is up $136,564 from this point last year, which is a 2.5% increase over last year. Page 21— Property Tax Revenues are up $116,207, which is a 1.5% increase over last year. Sales Tax and Property Tax combined make up over 50% of General Fund Revenues. Note that inflation has averaged 3.5% to 4% over the last year, causing out general fund revenues to significantly lag behind inflation. 0s FQM Q r Packet Pg. 185 Year-to-date Sales Tax Revenues for the 6 months ended June 30 $136,564 ahead of last year, and $29,274 under budget Sales and Use Tax Cumulative Budget Forecast Monthly Budget Forecast YTD Actuals Variance °f 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 -2.5816 April 3,643,225 788,366 3,621,184 -0.60% May 4,624,484 981,259 4,607,309 -0.37% June 5,567,972 943,489 5,538,698 -0,53% July 6,580,085 1,012,114 August 7,569,335 1,D89,249 September 8,633,533 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 Tarr 12.000,DDD 11.0 00.DDD 10.000.000 9.000.000 8.000.000 �_000.000 6.000.000 5_000.000 4.000.000 3.000.000 1000.000 1.000.000 0 JAN FEB NL-kR APR NIAY Y N YUL AUG SEP OCT NON% DEC' -Current Year Budget Prior Year Cu LL L i fC 3 Cy O m M N 0 N LC) U) a� 3 EI �.PacketPg.186 Breakdown by business category of the change in Sales Tax revenue for first half of 2023 compared to first half of 2022 Change in Sales Tax Revenue: June 2023 compared to June 2022 Total 5136 564 Eating & Drinking $70013 Construction Trade 46 544 Retail Automotive S 2 a Health & Personal Care $13 5_ 6 Retail Food Stores $ 2.443 Amusement & Recreation , 23 i Automotive Repair g6,626 Business Services 54.368 Comnilmications S 1,967 Gasoline ($1 Q Acconvnodation ($156) Manufacturing (52,833) Others (S6,282)1 Misc Retail ($9,617 Clothing and Accessories (513,516) Wholesale Trade ($18,844) ($250,000) $0 $2 50,000 Quarter -to -date Real Estate Excise Tax Revenues for the 6 months ended June 30 $458,118 behind last year, and $646,933 under budget Real Estate Excise Tax 1 & 2 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals °1 January 342,055 342,055 $ 151,084 -55.93% 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 1,272,041 33.71% 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 Re al Es tate Excise Tax 1 & 2 500.OD4 D04_0DD 3.500.0D4 3.004.00D 2, 500.0DD 2,000.000 1,500.0DD 1,000: 500.0w 0 JAN FEB RL4R APR MAY JUN JUL AUG SEP OCT NO'%, DEC' --m-mm CinTent Year —Budget Pnef Year CU U_ L r L 3 Cy c 0 m Cn M N O N u� a� 3 EI Packet Pg. 188 Interest income is slowly improving. We should see our highest amount of interest income in 5 years. (Not a really significant amount of money to the city overall, but I get a lot of questions about it.) Annual Interest Income 1,400, 0 5947,931 59SO,684 $982 556 $663 074 600,000 400,000 �00,000 2018 2019 2020 2021 2022 YT D 2023 En4a�a Q Packet Pg. 189 ■ General Fund revenues are higher than last year in the categories of Taxes (+ $500K), Intergovernmental Distributions (grants, liquor and marijuana taxes, etc. + $299K), Charges for Goods and Services (+ $1.2 million), Fines and Penalties (+ $26K), and Miscellaneous Revenues (+ $51K). ■ General Fund revenues are lower than last year in the category of Licenses and Permits (-$195K). ■ Overall General Fund revenues are $1.9 million higher than last year. This is offset by General Fund expenditures being higher than last year by $5.2 million. F.11,���� Q � u Packet Pg. 190 General Fund Budget Comparison City Council Mayor Human Resources Municipal Court Administrative Services City Attorney Non -Departmental Fire Contract Police Department Satellite Office Community Services / Econ Dev Planning & Development Human Services Parks & Recreation Public Works Facilities Maintenance 2022 Amended (end of year) $ 498,826 444,165 825,252 1,606,428 2,551,607 971,780 5,502,943 10, 071, 514 13,493, 696 172,416 829,589 4,201,739 467,009 5,413, 359 3,639,251 3,450, 275 2023 Amended (as of June 30) 486,256 504,873 1,296,947 2,240,163 2,497,266 1,161, 780 5,555,821 10, 071, 514 14, 993, 027 230,681 1,309,051 5,236,088 324,650 6,573,617 4,267,653 5,031,410 Difference (12, 570) 60,708 471,695 633,735 (54, 341) 190,000 52,878 1,499,331 58,265 479,462 1,034,349 (142, 359) 1,160, 258 628,402 1,581,135 -3% 14% 57 39 -2% 20% 1% 0i 11% 34% 58% 25% -30% 21% 17% 46% $ 54,139, 849 $ 61, 780, 797 $ 7,640,948 14% Increases attributable largely to: Increases to Salaries & Benefits across the board to keep up with inflation; new positions in HR, Parks, Municipal Court and Police Dept.; one-time purchase of Patrol Cars in PD; reorg. of Cultural Services into CS/ED; and Professional Services in Planning & Development and Maintenance. oV En4a�a Q w Packet Pg. 191 Second Quarter Report LJ r c� G ci S O` F.O'q/Oy Q � u f Packet Pg. 192 8.2 City Council Agenda Item Meeting Date: 08/15/2023 Landmark 99 Project Update & Budget Request Staff Lead: Susan McLaughlin Department: Planning & Development Preparer: Susan McLaughlin Background/History On June 27th, 2023, the City Council approved an option agreement on the 10.06-acre site, frequently referred to as the Burlington Coat Factory building. This option agreement puts the City on a two- year timeline to make a decision on whether or not to close on the property. Staff has been in an initiation and research phase of the project since the Council approval of the Option Agreement in late June. We have developed the project organizational structure, researched case studies and development options, launched a community outreach process, and mapped out the near -term timeline- recognizing the importance of sequencing and co -dependencies. All of these actions have helped to inform the near -term project needs as part of the vetting process, which will ultimately aide in the decision on whether or not to pursue the purchase. Staff Recommendation Staff is not requesting action at this meeting. Staff recommends that Council review the project update material, discuss any outstanding questions or concerns at this stage, and consider the proposed budget request for action at the August 22nd, 2023 Council meeting. Narrative The Option to Purchase Agreement allows the City to negotiate the purchase and sale agreement (PSA) between July 1 to December 31st 2023. At this point, there is no financial commitment for the City to exercise the option to purchase. Staff has identified the following project needs to properly vet the property: -Complete due diligence -Engage the public in a community vision for the site -Develop a master plan and -Identify financing and development strategies. Staff has identified the type of consultant services needed to complete these tasks, along with estimated costs, and we are requesting Council budget authorization to move forward. To minimize expenditures from the general fund to vet the property, staff has identified an ARPA fund source to cover the consultant costs. The Facade Improvement Program was allocated 250k of ARPA funds in the 2023 adopted budget. This program was intended to stimulate revitalization through incremental grants made available for storefront repairs. Staff has been challenged to lift this program because of the incremental nature of the grants and the limited resources available to manage that many simultaneous grants. This grant has not been advertised nor advanced in 2023. Staff recommends that the Facade Improvement Program ARPA funds be transferred to the Landmark Packet Pg. 193 8.2 99 site in keeping with the City's interest to stimulate positive redevelopment on the Highway 99 corridor. This will not only meet the same objective but in a way that is more resourceful so that staff can put adequate resources into managing the Landmark 99 community led vision and corresponding master plan. Packet Pg. 194 8.3 City Council Agenda Item Meeting Date: 08/15/2023 Ordinance to Amend ECC 2.05 Concerning City Attorney and City Prosecutor Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History On January 3, 2023, Council approved formation of the new City Attorney Assessment Subcommittee, comprised of three council members. This Subcommittee is tasked with assessing the work of the City Attorney and providing information to Council on management decisions related to the City's relationship with its legal service providers. During the August 8, 2023 PSPHSP Committee, there was an introduction of ordinance permanently constituting the Legal Assessment Committee to initiate the request for proposal process and to perform an annual assessment of the performance of the City Attorney and the City Prosecutor. The minutes for this meeting may not be prepared for review in this packet, but the video of this committee is available on the city website. Recommendation Consider the draft ordinance amending ECC 2.05.010 and ECC 2.05.035 and adopt the recommended changes. Narrative The amendment to ECC 2.05.010 seeks to clarify that only Council may initiate the decision to publicize a request for public process to replace the City Attorney or the City Prosecutor. The amendment to ECC 2.05.035 seeks to permanently constitute the Legal Assessment Committee to assess the City Attorney and the City Prosecutor's performance and, as needed, make a recommendation to Council to seek to a request for public process or otherwise transition either role towards an in-house position as city employees. Attachments: 2023.08.10 - Ordinance adopting 2.05 ECC Packet Pg. 195 8.3.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PORTIONS OF CHAPTER 2.05 OF THE EDMONDS CITY CODE CONCERNING THE CITY ATTORNEY AND CITY PROSECUTOR. WHEREAS, chapter 2.05 ECC was last updated in 2022 with Ordinance 4279; and WHEREAS, the council would like to further amend chapter 2.05 to further clarify the respective roles of the city council and administration; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 2.05.010 of the Edmonds City Code, entitled "Legal counsel — Professional services contract.," is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if fully set forth (new text is shown in underline; deleted text is shown in strike through). Legal counsel services for the city of Edmonds, Snohomish County, Washington pursuant to the provisions of RCW 35A.12.020 may be provided through professional services contract. Any such professional services contract shall be let on such basis as a majority of the Edmonds city council shall determine. The eity council ma�y, ffom time to time, with zthe ea -use, on sueh basis as a majerity of the Edmonds eity eetmeil shall deteEmine, tmdei4ake Only the city council may, from time to time, with or without cause, by means of a majority vote, determine to publicize a request for proposal process for city attorney and/or cityprosecutorservices. [P]rovided, that nothing in this code or other city policy shall be construed as requiring the city council to undertake a request for proposal process prior to renewing or approving a contract for legal services. A. By its contract, the city council may appoint an individual or firm to be designated as city attorney. Packet Pg. 196 8.3.a B. By its contract, the city council may appoint an individual or firm to be designated as city prosecutor. [Ord. 4279 § 1 (Exh. A), 2022; Ord. 3000 § 1, 1994; Ord. 2996 § 1, 1994; Ord. 926 § 1, 1962]. Section 2. Section 2.05.035 of the Edmonds City Code, entitled "Performance review," is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if fully set forth (new text is shown in underline; deleted text is shown in strike thr-ough). The city council shall convene a permanent, standing Legal Assessment Committee, comprised entirely of three council members or less, who undertake the responsibility of assessing both the city attorney and the city_ prosecutor's performance on an annual basis. The Legal Assessment Committee may make a recommendation, from time to time, as needed, to the entire council to either continue with the present professional services contracts, publicize a request for proposal process, or seek to transition towards making either the city attorney. o�X prosecutor positions as employees of the city administration. may, rem time to time, , 4om time to time, with or- without eause, in the mayor's sole diser-efien, and upon due nefiee to The mayor and city council may also conduct joint performance reviews as appropriate. [Ord. 4279 § 1 (Exh. A), 2022]. Section 3. 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. Packet Pg. 197 8.3.a Section 4. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. APPROVED: MAYOR MIKE NELSON Packet Pg. 198 8.3.a ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: :• JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 199 8.3.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, AMENDING PORTIONS OF CHAPTER 2.05 OF THE EDMONDS CITY CODE CONCERNING THE CITY ATTORNEY AND CITY PROSECUTOR. The full text of this Ordinance will be mailed upon request. DATED this day of , 2023. 4840-7251-8158,v. 1 k' CITY CLERK, SCOTT PASSEY Packet Pg. 200 8.4 City Council Agenda Item Meeting Date: 08/15/2023 Proposed Code Amendment to ECC 5.05.060 Staff Lead: Council Department: City Council Preparer: Beckie Peterson Background/History ECC 5.05.060 Dogs on Public Grounds was amended by Council on consent 6/25/19, after discussion at the 6/18/19 Council meeting (minutes attached). This code change made it lawful to have dogs in city parks, and along the waterfront walkway, on a leash. It does not allow dogs to be on the beach, or off - leash, except at the Marina Park dog beach. When council amended ECC 5.05.060 Dogs on Public Grounds, the minutes document several councilmember's comments that this was something they were willing to try or do on a trial basis. There was no determination by Council of when or how the trial change would be evaluated. This topic was discussed during the Parks and Public Works committee meeting on August 8, 2023. Committee and staff were supportive of this change; minutes may not be prepared in time for this agenda packet but the video can be reviewed on the city website. Recommendation Review proposed amendment to ECC 5.05.060 and consider a motion adopting the ordinance. Narrative The area at Brackett's Landing North is categorized by the Washington Department of Fish and Wildlife as a marine sanctuary, listed in the Washington State Marine Protected Area Inventory as Brackett's Landing Shoreline Sanctuary Conservation Area. Marine protected areas are intended to provide protection to natural resources and/or their habitat. The City of Edmonds is considered the Managing Public Agency to Brackett's Landing Shoreline Sanctuary Conservation Area. (attachment from Department of Fish and Wildlife 2009 report Marine Protected Areas in Washington) This proposed change to ECC 5.05.060 would specifically disallow dogs in Brackett's Landing Shoreline Sanctuary Conservation Area, or in Brackett's Landing Park including parking lot, walkway, beach and water. (attachment). Director Angie Feser reviewed and amended the proposed change to ECC 5.05.060 and is in full support of closing the whole park to dogs. Attachments: EDMONDS CITY COUNCIL MINUTES 6.18.2019 pg 16-17 Pages from wdfw00038 Wa State Marine Protected Area Inventory 2023-08-10 no dogs at BLN ordinance Packet Pg. 201 8.4 Exhibit A - ECC 5.05.060 Packet Pg. 202 8.4.a 1. ECC 5.32 AND 5.05.060, PARK RULES AND DOG RULES Parks & Recreation Carrie Hite said Jennifer Reed, Snohomish Health District, was here earlier to talk about the proposal to prohibit smoking and vaping in parks, but she had to leave. The proposed changes were discussed at the Parks & Public Works Committee and forwarded to full Council. The Edmonds City Code includes chapters on parks rules and dog rules; the park rules have not been changed for a long time. The City was approached by Snohomish County Health District to ban smoking vaping and marijuana in public parks. Parks in Edmonds have no smoking signs but it is not codified so it is not enforceable. She displayed a sign provided by Snohomish Health District, advising a reference to the ECC would be added to allow enforcement. With the change to park rules regarding smoking, staff was interested in making some other housekeeping changes. Ms. Hite reviewed: • Changes to Park Rules: 1. Add a chapter to prohibit smoking, vaping, marijuana in parks. 2. Add a chapter to prohibit feeding wildlife on waterfront beaches 3. Change park hours to read " closed from sunset to sunrise" 4. Clarify chapter 5.32.030 about the allowance motor vehicles in parks 5. Clarify 5.32.040 to be consistent with the City's practice 6. Small housekeeping items a. ADA language b. Drinking of intoxicants is prohibited in parks unless authorized by a special event permit. The use of controlled substances was added. With regard to dog rules, Ms. Hite explained dogs on public grounds is addressed in ECC 5.05.060. People often call asking where they can walk their dog; staff refers them to the code which contains a list of very specific locations which is confusing. The City's animal control is reactive to problems with animals and does not patrol. Staff does "soft enforcement" such as beach rangers reminding people that dogs are not allowed on the beach. Park Maintenance Manager Rich Lindsay, who has served the City for 48 years, said the reason the dog rules were so explicit was because people did not pick up after dogs. Now people pick up after their dogs and parks have dog waste bag dispensers. The proposal is to allow dogs in parks except waterfront beaches, athletic fields, spray ground, playgrounds, and school grounds. If the change is approved, Parks is prepared to add dog waste bags, to encourage people to pick up after their dogs, launch an educational campaign, promote this as a pilot and to change the rules again if necessary. Most other cities in the Puget Sound region allow dogs in parks on leash and under voice control. Councilmember Buckshnis said she is also known as Dog Park Diane because she helped start Off Leash Area Edmonds in 2005 and knows a lot about the dog community. The changes were not done at her request. She will abstain from the vote due to her connections with the dog community and to avoid any conflict of interest but will help with publication as she writes the dog park newsletter. Council President Fraley-Monillas said she was willing to try it and see if owners are responsible. People are different than they were 20 years ago and most pets are leashed. She lives near a park that allows dogs, Mathay Ballinger, and does not see much of a problem. Councilmember Tibbott agreed with Council President Fraley-Monillas about trying it. He liked prohibiting dogs on sports fields, playgrounds, spray park, etc., commenting those restrictions area were somewhat obvious and he hoped they would be obvious to others. He asked if there was any language related to dogs staying on paths in parks. Ms. Hite said the current code identifies specific park paths; the proposal is to generally allow dogs in parks. One benefit of leashed dogs in parks, especially at Civic where there are a Edmonds City Council Approved Minutes June 18, 2019 Page 16 Packet Pg. 203 8.4.a lot of geese, is the presence of dogs will disrupt their nesting. Councilmember Tibbott commented there is a park in his neighborhood where it is difficult to tell where the sports fields end and the park begins. He assumed that would be left to the owners discretion. He supported putting up signs in parks prohibiting smoking, vaping, etc. Councilmember Teitzel agreed with doing this on trial basis. He has two dogs so may be somewhat biased. He agreed people are more responsible although it was not 100%. He inquire about the fine if someone did not pick up after their dog. Ms. Hite said it was in a different chapter and she could provide it to Council. Councilmember Teitzel asked who is authorized to ticket someone not picking up after their dog. Ms. Hite answered the animal control officer and police officers. The Parks crews are the eyes in the park and can encourage/discourage behaviors but cannot write tickets. Councilmember Teitzel asked the cost of providing dog waste bags in additional locations. Ms. Hite estimated $5,000-$6,000. Council President Fraley-Monillas referred to 5.23.020, motor vehicle prohibited in City Parks, and the statement regarding battery operated vehicles, relaying when she thinks of a battery operated vehicle, she thinks of a Tesla. Ms. Hite recalled the Planning Board discussed battery operated uniwheels, scooters, etc. and their interest in keeping them on designated roadways not paths. Council President Fraley-Monillas suggested "battery operated devices." Council President Fraley-Monillas observed horses are not allowed in parks. Ms. Hite said the current language in the code does not allow horses and "unless used for ADA purposes" was added. Council President Fraley-Monillas recalled riding her horse from Woodway to City Park as a kid. She noted pigs had been added to the list of animals not allowed in parks unless utilized for ADA purposes. Ms. Hite said someone had pig in a park recently. Councilmember Nelson said these are common sense updates. Park hours sunrise to sunset is very common, he was surprised the City did not have something in the code prohibiting smoking, it will prohibit feeding wildlife on beaches and will alleviate confusion about where dogs are allowed. He supported making the change on a trial basis. Councilmember Mesaros relayed there are now battery powered bicycles. Ms. Hite said they are allowed everywhere bicycles are allowed. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS TO APPROVE THE CHANGES AND PLACE AN ORDINANCE ON THE CONSENT AGENDA FOR APPROVAL. MOTION CARRIED (6-0-1), COUNCILMEMBER BUCKSHNIS ABSTAINING. 7. ACTION ITEMS 1. LAND USE PERMIT DECISION -MAKING AND QUASI-JUDICIAL PROCESS Environmental Program Manager Kernen Lien advised he will provide an overview of the proposed code amendments. A packet includes a draft ordinance; he recommended approval on Consent following Department of Commerce's review. He reviewed: • ECDC 20.01.003 — Permit Type and Decision Framework Type I I Type II I Type II-B I TYPE III -A Type III-B Zoning Accessory Contingent Outdoor Essential Compliance dwelling unit critical area dining public Letter review facilities Lot line Formal Shoreline Technical Design fevie-A (. adjustment interpretation of I substantial impracticality Type W A I Type IV I Type V Final feFffla4 Site specific Development plat rezone agreements Final I Development I Zoning text area Edmonds City Council Approved Minutes June 18, 2019 Page 17 Packet Pg. 204 8.4.b U U W C Washington State Marine Protected Area Inventory a 0 Managing Agency Action Shoreline Year Protection Harvest Non -Harvest V Owner/Sponsor Name of Protected Area Area Acreage (in feet) Established Level Restrictions Restrictions C Clallam County Tongue Point Marine Life Sanctuary/Salt Creek Recreation Area STRAIT 24.71 9,181 1989 UML ResAll E0 Edmonds, City of 0 WDNR Edmonds Underwater Park (AKA Brackett's Landing) SCPS 46.90 2,185 1970 NTL ProAll A . . L National Oceanic and Atmosp tration NOAA O Olympic Coast National Marine Sanctuary NCOAST 309,112.72 1,310,915 1994 UML NoRstr O National Park Service (NPS) ; Olympic National Park NCOAST 0.00 333,301 1909 NIL ResAll O C WDNR San Juan Island National Historical Park SANJI 1,752.00 36,976 1961 NIL ResAll V+O WDFW Carkeek Park SCPS 24.65 1,883 2005 ZNL ResAll WDFW * Discovery Park SCPS 40.98 2,950 2005 ZNL ResAll WDFW Emma Schmitz Memorial Marine Preserve SCPS 6.34 717 2005 ZNL ResAll WDFW Golden Gardens Marine Preserve Park SCPS 13.87 1,431 2005 ZNL ResAll WDFW Lincoln Park Marine Preserve SCPS 10.16 2,466 1922 ZNL ResAll WDFW * Richey Viewpoint Marine Preserve SCPS 11.58 1,686 2005 ZNL ResAll Ta WDNR Middle Waterway SCPS 1.85 200 1997 UML NoRstr C+O WDNR Olympic View Resource Area SCPS 10.90 857 1997 UML NoRstr C+O United States Fish and Wildlife Service (U Copalis National Wildlife Refuge NCOAST 179,030 1907 NAL ResAll O ! Dungeness National Wildlife Refuge STRAIT 1,004.05 74,546 1915 ZML ResAll V+A+S+C+O * Flattery Rocks National Wildlife Refuge NCOAST 84,465 1907 NAL ResAll O * Grays Harbor National Wildlife Refuge SCOAST 26,500 1990 NIL ProAll V+A+S+C+O * Nisqually National Wildlife Refuge SPS 58,161 1974 XML ResAll V+A+S+C+O * Protection Island National Wildlife Refuge STRAIT 527.15 25,284 1982 NAL ResAll V+A+S+C+O * Quillayute Needles National Wildlife Refuge NCOAST 357,996 1907 NAL ResAll O San Juan Islands National Wildlife Refuge SANJI 78,092 1960 NAL ResAll O Willapa National Wildlife Refuge SCOAST 331,012 1936 ZML ResAll O University of Washington (U FHL San Juan County/Cypress Island Marine Biological Preserve SANJI 292,413.87 2,251,339 1923 UML ResAll C Washington Department of Ecology (WDOE) WDOE Padilla Bay National Estuarine Research Reserve WHIB 12,074.87 150,926 1980 UML NoRstr O Washington Department of Fish and Wildlife (WDF Admiralty Head Marine Preserve WHIB 88.40 0 2002 UML ResAll UW Argyle Lagoon Marine Preserve SANJI 13.00 3,252 1990 UML ProRec/ResCom rn Edmonds, City of Brackett's Landing Shoreline Sanctuary Conservation Area SCPS 46.90 2,185 1970 NTL ProAll O Des Moines, City of City of Des Moines Park Conservation Area SCPS 9.20 1,077 1998 NTL ProAll ty * Colvos Passage Marine Preserve NCPS 3.30 502 2000 UML ResRec d UW FHL * False Bay San Juan Islands Marine Preserve SANJI 94.70 14,560 1990 UML ResAll UW / FHL Friday Harbor San Juan Islands Marine Preserve SANJI 427.20 13,861 1990 UML ResAll Keystone Harbor Conservation Area WHIB 11.40 673 2002 NTL ProAll y McNeil Island Wildlife Area (Includes Gertrude and Pitt Islands) SPS 0.00 56,341 1984 NAL ProAll A+S+O E s r a 38 Packet Pg. 205 8.4.c ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 5.05.060 OF THE EDMONDS CITY CODE RELATING TO DOGS ON PUBLIC GROUNDS WHEREAS, ECC 5.05.060, entitled "Dogs on Public Grounds," was amended by the city council on June 25, 2019, making it lawful to have dogs in city parks, and along the waterfront walkway, on a leash; and WHEREAS, this new permission was adopted on a trial basis; and WHEREAS, the area at Brackett's Landing North is categorized by the Washington Department of Fish and Wildlife as a marine sanctuary, listed in the Washington State Marine Protected Area Inventory as Brackett's Landing Shoreline Sanctuary Conservation Area; and WHEREAS, marine protected areas are intended to provide protection to natural resources and/or their habitat; and WHEREAS, the City of Edmonds is considered the Managing Public Agency to Brackett's Landing Shoreline Sanctuary Conservation Area; and WHEREAS, councilmembers have received concerns from citizens about allowing dogs in this area; and WHEREAS, this proposed change to ECC 5.05.060 would specifically disallow dogs in Brackett's Landing Shoreline Sanctuary Conservation Area, or in Brackett's Landing Park including parking lot, walkway, beach and water; and WHEREAS, Director Angie Feser reviewed and amended the proposed change to ECC 5.05.060 and is in full support of closing the whole park to dogs; and WHEREAS, the city council is also is support of this change; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Packet Pg. 206 8.4.c Section 1. Section 5.05.060 of the Edmonds City Code, entitled "Dogs on Public Grounds," is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown in strike thr-eugk). Section 2. 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 3. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. APPROVED: MAYOR MIKE NELSON ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: :' JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 207 8.4.c 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, AMENDING SECTION 5.05.060 OF THE EDMONDS CITY CODE RELATING TO DOGS ON PUBLIC GROUNDS The full text of this Ordinance will be mailed upon request. DATED this day of 12023. CITY CLERK, SCOTT PASSEY 3 Packet Pg. 208 8.4.d 1 5.05.060 Dogs on public grounds. A. It shall be unlawful for an owner to allow any dog to stray and/or enter with or without a leash or other means of restraint upon any playfield, playground, sprayground, or any public beach. B. Dogs are permitted in city parks, on the waterfront walkway and on other public property not listed in subsection (A) of this section, and shall be on a leash and in the owner's control at all times. Dogs are not allowed in the Brackett's Landing Shoreline Sanctuary Conservation Area or in Brackett's Landing park including parking lot, walkway, beach and water. Dogs are permitted on school grounds, subject to the Edmonds School District policy. Dogs are permitted off leash, and under the owner's control, in the off leash area south of Marina Beach Park. C. Nothing herein shall be determined to require the posting of notices to exclude animals; provided, however, that such postings may be undertaken at the discretion of the director of parks and recreation. D. The regulations under ECC 5.05.070 relating to animal waste and the removal and proper disposal of said waste will be strictly enforced. [Ord. 4153 § 1 (Exh. 1), 2019; Ord. 3816 § 1, 2010; Ord. 3451 § 1, 2003]. 0 m 0 LO 0 LO U U W Packet Pg. 209 8.5 City Council Agenda Item Meeting Date: 08/15/2023 Ordinance Allowing Six Hens (female chickens) per Single -Family Residence Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History The current ordinance allows up to three hens per single-family residence within city limits. This regulation was presumably enacted to balance the community's interest in local food production with potential concerns over noise, sanitation, and neighborhood aesthetics. Some community members have expressed interest in increasing the allowable number of hens per single-family residence, stating that it is hard to have enough eggs over time as one cannot bring in just one new chick when the flock loses a member. Councilmember Olson did research on the codes in other local jurisdictions, and the City Attorney then wrote up the code and ordinance for the PSPHSP Committee. The PSPHSP committee deliberated on this at the meeting on August 8th and decided on changes to the wording of the whereas clauses and the number of chickens that is being recommended to full council. The minutes from this committee meeting may not be prepared in time for this agenda packet, but the video is available for review on the city website. This proposed change in the code is arguably supported by several considerations, including the promotion of improved social dynamics within the flock, enhanced food security, and alignment with broader sustainability goals. Recommendation Discuss the draft ordinance and consider taking action Narrative This proposed change in the code is arguably supported by several considerations, including the promotion of improved social dynamics within the flock, enhanced food security, and alignment with broader sustainability goals. Food Security and Self -Sufficiency: Six hens would allow households to produce a greater number of eggs, fostering increased self-sufficiency and potentially reducing reliance on commercial eggs. Social Dynamics within the Flock: Animal husbandry principles suggest that a slightly larger flock might lead to a more stable social hierarchy among hens, potentially reducing aggressive pecking behavior. Community and Environmental Considerations: The proposed change may align with broader community values related to sustainability, the carbon benefit of local food production, and education. Packet Pg. 210 8.5 Potential Concerns: The increase in the number of hens could also raise concerns related to noise, waste management, and potential impacts on neighboring properties. Attachments: 8.10.2023 Ordinance Keeping of Poultry final 8.10.2023 ECC 5.05.130.1 Keeping of poultry Packet Pg. 211 8.5.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS CITY CODE RELATED TO THE KEEPING OF POULTRY IN RESIDENTIAL ZONES WHEREAS, Edmonds residents raising backyard chickens have expressed difficulty with the three chicken limit because it isn't safe to add one chicken to an existing flock; and WHEREAS, all surrounding communities allow for larger numbers of chickens in their codes than Edmonds does; and WHEREAS, staff and/or councilmembers in our surrounding community were consulted to see if there were problems in their communities with the larger numbers allowed in their codes (from 4-8); and WHEREAS, a limit of six female chickens balances the community climate goals of improving sustainability with more local food production, with potential concerns about noise, waste, and space, thus ensuring that raising chickens remains manageable for individual households; and WHEREAS, our residents are entrusted to responsibly care for their female chicken flock and prevent nuisance to their neighbors, and to responsibly and expediently re -home any male chicks that inadvertently made it into their possession; and WHEREAS, allowing up to six female chickens encourages responsible animal keeping, fosters compassion, and complements community values of self-sufficiency, collaboration, and ecological awareness; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.05.130.1 of the Edmonds City Code, entitled "Keeping of poultry and covered animals in residential zones," is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown in strike -through). Packet Pg. 212 8.5.a Section 2. 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 3. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. APPROVED: MAYOR MIKE NELSON ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: IM JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 213 8.5.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, AMENDING THE EDMONDS CITY CODE RELATED TO THE KEEPING OF POULTRY IN RESIDENTIAL ZONES The full text of this Ordinance will be mailed upon request. DATED this day of 12023. CITY CLERK, SCOTT PASSEY Packet Pg. 214 8.5.b 5.05.130.1 Keeping of poultry and covered animals in residential zones. A. The keeping of poultry or covered animals within a residential dwelling unit, or upon the premises connected therewith, shall be prohibited except as provided in this chapter. B. Up to thFee six domestic female chickens may be kept on a lot(s) or premises associated with a single-family residential dwelling unit. A chicken coop or other pen or enclosure is an accessory structure and subject to all requirements of the applicable zone. An accessory dwelling unit shall not be considered as a separate dwelling unit when determining the number of chickens that may be kept on a single-family lot or lots (when a single-family residence is located on more than one lot). C. Covered animals are permitted to be kept on residential property zoned for single-family use (R zones) so long as they meet the requirements of ECC 5.05.130. See also: 5.05.115 Nuisances defined. Packet Pg. 215