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2023-11-21 City Council Packet2 3 4 5 6 of c�,y s Agenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 NOVEMBER 21, 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 CALL TO ORDER/FLAG SALUTE LAND ACKNOWLEDGEMENT ROLL CALL APPROVAL OF THE AGENDA 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. RECEIVED FOR FILING Edmonds City Council Agenda November 21, 2023 Page 1 1. Budget Queries - Council Budget Questions and Adminstration/Staff Responses (0 min) 2. Written Public Comments (0 min) 7. APPROVAL OF THE CONSENT AGENDA 1. Approval of Special Meeting Minutes November 6, 2023 2. Approval of Special Meeting Minutes November 14, 2023 3. Approval of claim checks and wire payments. 4. Approval of payroll and benefit checks, direct deposit and wire payments. S. Approval of payroll and benefit checks, direct deposit and wire payments. 6. Snohomish County Jail Contract Extension 7. City of Lynnwood/Meadowdale Playground Expenditure Request 8. COUNCIL BUSINESS 1. Resolution thanking Dave Teitzel for Service on the City Council (5 min) 2. Planning Board Recommendation on Comprehensive Plan Vision Statement (5 min) 3. Replenishment Report (30 min) 4. Third Quarter financial update to Council (20 min) 5. Council 2024 Budget Deliberations (120 min) 9. MAYOR'S COMMENTS 10. COUNCIL COMMENTS ADJOURNMENT 10:00 PM Edmonds City Council Agenda November 21, 2023 Page 2 6.1 City Council Agenda Item Meeting Date: 11/21/2023 Budget Queries - Council Budget Questions and Adminstration/Staff Responses Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History To help streamline and manage the many budget questions and emails from councilmembers to staff, a consolidated question/answer process has been coordinated by Council Staff. Published Queries with Responses are sent to Councilmembers by email, published under received for filing, and posted to the Budget 2024 section of the Council webpage; https://www.edmondswa.gov/government/city_council/budget_2024 Recommendation For Information Only. Narrative N/A Attachments: FINALIZED Council Budget Query 3.0 November 3 Packet Pg. 3 6.1.a Council Budget Queries 3.0 Submitted by November 3, 2023, responses finalized November 14, 2023. Includes some remaining queries from 2.0 and Councilmember emails sent directly to staff Budget Queries remaining fromQuery 2.0 Q3 Business Facade Improvements Where did the $300k in ARPA funding go that was earmarked for small business facade improvements? (CM Teitzel) Also Emailed question to Dir McLaughlin 10/29: 1 recall you mentioned the small business facade improvement program would be rolled out during 4Q23, to be funded by ARPA. Is that still the case? (CM Teitzel) A3 Email responses from Dir McLaughlin and Dir Turley, consolidated by Council staff: If council wants it in 2024 they will need to add it to the budget. Q4 Hwy 99 Police Substation The 2024 Council priority of establishing a Highway 99 police substation is not reflected in the budget. When will that facility be incorporated? (CM Teitzel) A4 We are waiting for the decision for the landmark project, that could potentially meet that need. We've done some preliminary work on other properties, including the 7-eleven site and that is an option, but it will require significant investment to establish a substation. Q9 Change in Ending Fund Balance — All Funds p. 22 What is causing the draw down in enterprise fund balances (are rates not covering expenses?) (CM Teitzel) A9 Partially true, that is expected when the utility rate increases don't keep up with the increased cost of operating the utility. And that is why we did a rate study to ensure we don't continue that trend, the new rates should ensure that we continue to have adequate funds for all utilities. Q35 Economic Development 558.70 and Cultural Services 573.90 — pg 103-104 What is the status of 2023 Decision Package #50 (2023 Adopted Budget, page 44) which allocated $75,000 to the Community Cultural Plan and $75,000 to the Economic Development Plan? Economic Development (2023 Adopted Budget, pg 110) Professional Services was $187K with +$75K DP approved; 2024 Budget Book (pg 104) reflects this in the 2023 Budget ($255K) and 2023 Estimate ($255K), and shows a proposed decrease to $112K for 2024 Budget. Cultural Services (pg 105) similarly shows the $75,000 for Professional Services in the 2023 Budget and 2023 Estimate, with $0 proposed for 2024. Both of these projects have yet to come to Council so what is the status on these major comprehensive plan elements and why removed or what appears to be removed? (CM Buckshnis) A35 Staff intend to complete both plans in 2024. The Community Cultural Plan has an apparent successful vendor selected. The Economic Development Plan is being conducted as a part of the Comprehensive Plan. Work has already begun on this element of the Comp Plan. EDC members will receive their first brief from our consultant team on November 8th. Our understanding is that the funds are not reflected in the 2024 budget now, but that a carry -forward amendment will be done early in the new year which will bring the unspent Packet Pg. 4 6.1.a Council Budget Queries 3.0 Submitted by November 3, 2023, responses finalized November 14, 2023. Includes some remaining queries from 2.0 and Councilmember emails sent directly to staff funds forward to 2024. Q37 Climate Action Plan Strategist P. 115 and DP 14 In lieu of an FTE, could this position be covered by an intern, a community volunteer or a contract employee? (CM Teitzel) A37 DP 14 was removed by Council vote on 11114. General Budget Queries Q73 CM Emails re: Bond Fund 016 transfer to GF DP#63 Dir Turley- are there restrictions on the bond instrument itself that limits the use of that money for deferred maintenance only? Or is that restriction one put on only by council? One of our CMs believe they have restricted use beyond our control based on the actual financial instrument. (CM Olson) Is any of the $2.0 million in Fund 016 money that is being proposed to be transferred into the General Fund to help close the 2024 budget gap money that we obtained via bonding? If so, is it an appropriate use of bonding money to support ongoing General Fund expenses? (CM Teitzel) Last year in Finance Meeting, we looked at the purpose of these bonds were for building maintenance as the City was going to use the funds for new infrastructure. It was flashed up on the screen (zoom) that the purpose is very specific to building maintenance and aging infrastructure. Thom Sullivan may know this answer readily or Beckie can research for that meeting. I don't recall the document being in the packed but recall it appearing on screen. As such we cannot use those bond proceeds to transfer to the general fund. (CM Buckshnis) A73 DP 63 was removed from consideration by Council vote on 11114. Q74 10/28 CM Email re: South County Fire Contract Estimations Our proposed budget has an estimate for our 2024 Fire contract of $12.5M. The South County Fire 2024 budget (Budget I South County Fire (southsnofire.org)), projects they will charge Edmonds $11.6M for fire and EMS services in 2024. That's a difference of over $860,000. Dave, should we be assuming the SCF forecasted numbers in our 2024 budget? It will help with our gap closing work in the upcoming task force meetings. (CM Teitzel) A74 That is not correct, the proposed budget has an estimate for the 2024 Fire contract of $11,571,514 which is the best estimate we had at the time. If the actual charges for 2024 are $11.6 million then our current budget is very close to what the actual will end up being. Q75 10/26 Email re: ARPA I believe this is the most current guidance from Treasury about how ARPA funds must be expended. Note the statement that the remaining funds must be committed by EOY 2024 and spent by EOY 2026. This gives the 2024 Council some time to decide what to do with any remaining ARPA funds left over after we use some of them to help fill the budget gap. It may be they agree to fund some of the Parks and Public Works projects for 2023 and 2024 we had identified as using ARPA, but moved back in the CIP/CFP schedule due to the mayor's direction that we need all the remaining ARPA funds to fill the 2024 gap. If we collectively decide to use only part of the ARPA money in 2024, some of that remaining money might be rededicated to those delayed projects (the 84th Ave sidewalk project I've been discussing with Oscar comes to mind as an example). Packet Pg. 5 6.1.a Council Budget Queries 3.0 Submitted by November 3, 2023, responses finalized November 14, 2023. Includes some remaining queries from 2.0 and Councilmember emails sent directly to staff It will be very important to our group that we all understand what latitude we have to use ARPA and the time limits around this. Dave, if you have more current guidance, could you please share it with the group? (CM Teitzel) A75 10/27 Email reply from Dir Turley: That's true, we have until 2026 to spend the ARPA money. But 100% of the ARPA money has to be "committed" or "obligated" by the end of 2024. Obligated means that if we have not spent it by the end of 2024, we have to have a binding contract in place in 2024. Committed or Obligated does not mean planned. For example if we have decided to commit ARPA funds to build a sidewalk, we have to have a contract in place before the end of 2024 with a construction company to build the sidewalk. This means the ARPA spending has to be in the 2024 budget, it has to be committed before 12/2024. If we have decided to use ARPA funds to build a sidewalk ourselves, we have to have spent the money to build the sidewalk before 12/2024. So I do not agree that "If we collectively decide to use only part of the ARPA money in 2024, some of that remaining money might be rededicated to those delayed projects (the 84th Ave sidewalk project I've been discussing with Oscar comes to mind as an example)." At least if I understand your statement correctly. We can't have ARPA money left on the table after 12/2024 that is not encumbered by a binding contract. Having plans to spend it later, including having a sidewalk in the CIP/CFP planned to be built in 2025 or 2026, does not qualify. We would have to have a construction contract signed before the end of 2024. This means that 100% of the remaining ARPA funds have to be included in either the 2023 or 2024 budget. So to be clear, if we transfer ARPA to the General Fund it has to be done this year or next year. If we plan to use it for a capital project we have to have a signed contract in place before the end of 2024. So either way the ARPA money has to be completely spoken for and budgeted in either 2023 or 2024. Mayor/ Council / Administrative Services / Information Technology Police Q76 Red -Light Camera, DP#7 Email 10/28 I think Council will need more empirical data before we will be able to approve the new red light camera program. I've been searching for studies about the cameras, and the conclusions of the studies are mixed. Here is what I think we need: • all data showing the analyses of the Edmonds intersections that were studied to narrow down the list to the 12 most dangerous. • Any current studies you have clearly showing red light cameras improve safety of pedestrians and vehicles at intersections. Packet Pg. 6 6.1.a Council Budget Queries 3.0 Submitted by November 3, 2023, responses finalized November 14, 2023. Includes some remaining queries from 2.0 and Councilmember emails sent directly to staff • All data from Lynnwood showing all types of accident data (vehicle collisions by type and vehicle -pedestrian collisions) at intersections before and after red light cameras were installed. • All data showing red light cameras reduce serious injury and/or death at intersections. It appears that these cameras may not reduce the total number of accidents, since rear end collisions may actually increase. But it appears they do reduce side impact collisions and car -pedestrian collisions, which often result in more serious injuries. This is the type of information we need to see. The bottom line is we need to be convinced red light cameras have a significant effect on pedestrian and vehicle safety at intersections before we consider approving them as part of the 2024 budget. Any help you can provide will be appreciated. (CM Teitzel) A76 Reply from Chief Bennett, forwarding an email from Sgt Kraig Strum, including an excel spreadsheet with Redlight camera intersection data. Email was forwarded to Council. My answers are bullet pointed with their respective bullet point requests from council. Please see below: 1. Attached is the data for the intersections from 2020-2022. These intersections were considered based off of collision data, as well as with input from the officers who investigate collisions the most. The officers also considered their observations of high pedestrian areas and areas of citizen complaints. 2. 1 am waiting to hear back from Bertrand Hauss to see if there were additional case studies that the Engineering Department may have, but below are some case studies documenting the positive effects of red light cameras: 1. https:Htrid.trb.org/view/506752 2. https://www.iihs.org/topics/bibliography/ref/2031 3. https://pubmed.ncbi.nlm.nih.gov/15846684/ 4. https://www.fhwa.dot.gov/publications/research/safety/05048/05048.pdf 5. https:Hpubmed.ncbi.nlm.nih.gov/28882258/ 3. The following website will have Lynnwood's reports all the way back to 2012. Unfortunately, after speaking with Lynnwood PD representatives, I was unable to locate their pre -red light camera data for comparison. https://www.lynnwoodwa.gov/Government/Departments/Police-Department/About-Your- Pol ice- De pa rtme nt/Re ports -Statistics 4. 1 am waiting to hear back from Bertrand Hauss to see if there were additional case studies that the Engineering Department may have, but below are some case studies documenting the positive effects of red light cameras on serious injury/fatality collisions: 1. https://www.iihs.org/topics/bibliography/ref/2121 2. https://www.iihs.org/topics/bibliography/ref/1510 Planning and Development Packet Pg. 7 6.1.a Council Budget Queries 3.0 Submitted by November 3, 2023, responses finalized November 14, 2023. Includes some remaining queries from 2.0 and Councilmember emails sent directly to staff Parks and Recreation (Parks Capital Projects are in a separate document) Q77 10/23 Email re: FTEs added v. seasonal staff I have seen some members of the public express concern regarding the 47 staff members added to the administration since the beginning of 2023, but I remember Dir. Feser said out at the special Thursday budget meeting that a number of those were her seasonal employees for Parks maintenance. I apologize if this information has already been provided, but would you mind breaking down the number of FTEs added to the administration in 2023 versus the yearly seasonal park workers who are typically added to the payroll in the warmer months and roll off by winter time? (CM Nand) A77 10/24 Email Reply from Dir Feser As far as the Parks, Recreation & Human Services department this year we did fill 6 LTE positions, which are our typical seasonal employees. We also hired 6 new permanent FTEs for parks maintenance. Our department also hires a number of part time temporary employees such as Day Camp staff, facility monitors and front desk staff to support and operate our recreation programs. All these positions were approved by City Council. Human Resources is better equipped to provide actual position title and quantities hired (and released at the end of season). Q78 Trash can and Service for trash pickup at SW county park by county or ILA with Snohomish county for us to be able to have a can there (city code says trash can at all parks in edmonds) (CM Olson) A78 This would be a new program and would require Council direction through a vote - either requesting the County to provide trash service or trash can service provided by City of Edmonds. Staff will need more direction to determine the level of service impacts to other city parks if Edmonds were to perform this service. Q79 Volunteer coordinator (CM Olson) A79 This is a general fund expense proposed in the 2023 budget as a part time position for $42,249 per year. Staff supports the addition of this position. Q80 Parks and Rec kiosk for renting paddle boards and kayaks at Lake Ballinger (CM Olson) A80 Clarification needed - hand -carry rental kiosk at the City of Edmonds Lake Ballinger access at McAleer Street or on Lake Ballinger through City of Mountlake Terrace? Q81 CM Olson Follow-up (10/26/2023) "I was referring to the Lake Ballinger (Edmonds side) boat launch when I made the inquiry about having paddle boards available to rent (like you have at Marina beach). It doesn't take much room, only seasonal and no permanent fixtures. I know there are grant related restrictions but with the above characteristics it seems like it should be okay. Would it be worth trying? Wouldn't they just tell us to stop if the grantors had a problem with it?" A81 The kayak rental service at Marina Beach Park is provided through a vendor using a Request for Proposals (RFP) process. Vendors typically approach the city and submit through the RFP process based on their desire to locate their concessionaire services at a particular park. The city has not been approached to provide rental services at the McAleer Access (Lake Ballinger/Edmonds side). Packet Pg. 8 6.1.a Council Budget Queries 3.0 Submitted by November 3, 2023, responses finalized November 14, 2023. Includes some remaining queries from 2.0 and Councilmember emails sent directly to staff Q82 Add Interlocal Agreement with Snohomish County for Esperance Park for animal control and park maintenance (grass cutting) I realize that we are very short of funding for new positions, but we could engage in workforce help via animal control for their dog park (which is heavily used by Edmonds citizens) and grass cutting or minor assistance since we are leasing a place up there for the highway 99 area. Again, lots of Edmonds Citizens use this park, heavily. (CM Buckshnis) A82 Animal control services are managed by the Edmonds Police Department and this request for services outside of the city limits needs to be answered by EPD. Performing parks maintenance tasks outside of the City of Edmonds park system will require a decrease in levels of service for existing Edmonds parks and facilitites. As guidance for the Interlocal Agreement, please provide what maintenance services would be provided at Esperance Park and related estimated number of annual hours per service. In addition, please suggest what Edmonds parks will have decreased levels of service. Public Works: Facilities / Water/ Storm / Sewer / WWTP / Equipment / Building Maint./ Street Capital Packet Pg. 9 s.2 City Council Agenda Item Meeting Date: 11/21/2023 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 November 9, 2023 and November 15, 2023. Attachments: Public Comment Nov 21, 2023 Packet Pg. 10 6.2.a Edmonds City Council Public Comments — November 21, 2023 Online Form 2023-11-14 10:21 AM(MST) was submitted by Guest on 11/14/2023 12:21:44 PM (GMT- 07:00) US/Arizona FirstName Joan LastName Bloom Email CityOfResidence Edmonds AgendaTopic 2024 budget proposal to install red-light cameras at six intersections Council, Myedmondsnews reports "During a special 6 p.m. Edmonds City Council meeting Tuesday, Nov. 14, the public will be asked to weigh in on the city's 2024 budget proposal to install red-light cameras at six intersections. The cameras would cost $180,000 but the city has said it anticipates revenue generated from violators would exceed the cost." I am strongly opposed to the "city's 2024 budget proposal to install red-light cameras at six intersections." The following has informed my opposition. Data showing increased accidents where red-light cameras are installed: https://www.kentreporter.com/news/collisions-iump-144-at-kent-intersections-with- red-light-cameras/ https://www.redmond-reporter.com/news/city-council-plans-to- end-contract-with-traffic-camera-vendor/ https://ww2.motorists.org/issues/red-light- cameras/increase-accidents/ The City of Lynnwood's data for 2019-2022 (which Ken Reidy provided to council on Oct. 30) also indicates accidents are increasing over time. Data for each year referenced was provided by Mr. Reidy in the form of attachments, so I am unable to link to them. Ken Reidy's two Reader Views: https://myedmondsnews.com/2023/11/reader-view-council-vote-to-end-discussion- Comments of-red-light-camera-purchases-and-revenue-for-2024-budget/ https://myedmondsnews.com/2023/11/reader-view-more-on-those-red-light- cameras And finally, here are comments made on myedmondsnews in response to the proposed installation of red-light cameras as a revenue generating measure: "If the goal is to reduce accidents at these intersections, produce the data that warrants the installation of these red light cameras. It seems like this is another tactic to try and offset poor financial management." "There are many citizens of our fair city that sincerely do not want to go down that path. Please consider fully funding our Edmonds Police and ask the Chief to assign officers to enforce the law in areas of concern. An officer dealing directly with a citizen is always the best way to issue and deal with infractions." "Trying to balance a budget on red light camera revenue is just lazy and lame. Do it properly, please, with actual revenue." "Weaponizing law enforcement solely to make the city a profit is a despicable act. Bring the focus back to actual public safety which is the primary responsibility of local government." "Council in a completely reactionary mode and the public unable to provide public comment during the meeting when we haven't seen the presentation." "I think the fear of getting ticketed at the red light camera intersections causes many to stop short at m E E 0 U a a� e Packet Pg. 11 6.2.a Edmonds City Council Public Comments — November 21, 2023 yellow lights. This results in rear end collisions." Respectfully, Joan Bloom _ Joan Bloom Online Form 2023-11-14 05:14 PM(MST) was submitted by Guest on 11/14/2023 7:14:30 PM (GMT- 07:00) US/Arizona Name Value FirstName John LastName Zipper Email CityOfResidence Edmonds AgendaTopic Derelict property needs code enforcement Councilmembers: This comment is regarding the derelict Family Fun Center property on 220th Street SW, behind Woods Coffee. Yes the property is in Edmonds. The building burned a year or more ago and now sits abandoned and derelict. It is obvious from a cursory inspection that street people have moved in, including the former go cart track behind the building. The vandals have moved in, spreading their Seattle - style spray painted graffiti on every vertical surface. This property clearly meets the Comments definition of a public nuisance under section 6.20 of the municipal code. So far, I have notified the City about this property thee times over the past few weeks. (1) In person at the City annex on Hwy 99, (2) Requesting code enforcement on line and (3) on the "fix it" app. The only response I received was from the nameless bureaucrat responding to the Fix it app who states (paraphrasing here...) "Not our problem". I request the Council to please get some action from one of our departments. This property looks worse every time I go past it. Thank you Packet Pg. 12 7.1 City Council Agenda Item Meeting Date: 11/21/2023 Approval of Special Meeting Minutes November 6, 2023 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 20231106 Special Meeting Packet Pg. 13 7.1.a EDMONDS CITY COUNCIL SPECIAL MEETING DRAFT MINUTES November 6, 2023 ELECTED OFFICIALS PRESENT STAFF 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 Angie Feser, Parks, Rec., & Human Serv. Dir. Susan McLaughlin, Planning & Dev. Dir. Todd Tatum, Comm., Culture & Econ. Dev. Dir Rob English, City Engineer Shannon Burley, Deputy Parks, Rec. & Human Serv. Dir. Mike De Lilla, Senior Utilities Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council special meeting was called to order at 6:02 p.m. by Mayor Pro Tem Tibbott in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Teitzel 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 COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. COUNCIL BUSINESS Edmonds City Council Draft Minutes November 6, 2023 Page 1 Packet Pg. 14 7.1.a PROPOSED 2024-2029 CAPITAL FACILITIES PLAN & CAPITAL IMPROVEMENT PROGRAM Mayor Pro Tem Tibbott advised staff is present to answer questions. It was his understanding there may be some amendments to the CIP/CFP. Councilmember Teitzel said he had several amendments to propose to the CIP/CFP. The first is related to PWT-32, 84th Ave Walkway from 238h SW to 2341 SW. The estimated project cost is $1.5 million and the CIP/CFP shows it commencing in 2027. In speaking with residents in that area, this is a critical area for a sidewalk and he wanted to move that project to begin design in 2024 and start construction in 2025. This also relates to PWT-69, 7t1i Ave Sidewalk project, because funding for that project totaling $750,000, would be transferred to fund design and part of the construction of PWT-32. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO MOVE PWT-32 IN THE SCHEDULE FROM 2027 TO START DESIGN IN 2024. Councilmember Paine raised a point of order, asking whether there first needed to be a motion to approve the CIP/CFP. City Clerk Scott Passey answered in the past the council has made amendment to the CIP/CFP and then approved the plan as amended at a future meeting. It is cleaner to make a motion to approve the CIP/CFP and then make amendments, but if the council is not ready to pass the plan tonight, making amendments first can also be done. Mayor Pro Tern Tibbott said he was prepared tonight to entertain amendments to the CIP/CFP; if the council had done it that way in the past, he suggested continuing that pattern and approving the complete plan at a future meeting.. Councilmember Teitzel explained he and several councilmembers were at the site several months ago and heard from nearby residents about the pressing need for a sidewalk. While there, councilmembers witnessed a resident in a motorized wheelchair using the travel lane which is extremely unsafe and certainly not supportive of ADA requirements. He summarized it was appropriate to move this project up in the schedule. Councilmember Buckshnis said this was also on her list of amendments. There was a building proposed in that area and the City was waiting for the developer to pay for the sidewalk, but the developer allowed the project to lapse. She agreed it was timely to move this project up in the schedule. MOTION CARRIED UNANIMOUSLY. Councilmember Teitzel referred to PWT-39, Citywide Bicycle Lane, which has an estimated project cost of $3 million. There is no discussion in the CIP/CFP about this project being grant funded by Sound Transit and the CIP/CFP shows $15,000 in construction costs in 2024 funded by REET revenue. He suggested revising the plan to show $15,000 covered by the Sound Transit grant with no impact to REET. If that is not appropriate, he wanted to understand why REET was needed to cover this amount. Parks, Recreation and Human Services Director Angie Feser relayed staff s request to have an opportunity to comment on proposed amendments to the CIP/CFP related to impacts on project planning, staff time and resources, funding sources, etc. She suggested staff have an opportunity to comment on the previous amendment. Councilmember Teitzel raised a point of order, asking if it was appropriate to discuss that once council passed the amendment. Mayor Pro Tern Tibbott responded probably not, but he was interested in the impact and possibly being able to mitigate that in another way. Edmonds City Council Draft Minutes November 6, 2023 Page 2 Packet Pg. 15 City Engineer Rob English asked if the proposal was to take funding from the 7' Ave Sidewalk project. Councilmember Teitzel said his proposal was to use funding from PWT-69. Mr. English explained earlier this year the council approved a Job Order Contract (JOC) for a lesser amount than $750,000 so the $750,000 isn't available for the 7t1i Ave Sidewalk. Council action was a lesser amount, $200,000 in bond proceeds, because the sidewalk is adjacent to City property, plus $100,000 in stormwater funds for a total allocation of $300,000. When the JOC was approved by council, $750,000 was pulled from the 7' Ave Sidewalk because the funding was already secured. He recalled Public Works Director Oscar Antillon provided that information to council last week. He clarified the $200,000 could not be used on the 84t' Ave Walkway because they are bond proceeds and there is no City property adjacent to the site. Councilmember Teitzel clarified, the total funding is $300,000 of which $200,000 is bond funds. He asked why Mr. English was suggesting it was not appropriate to use the $200,000 in bond funds for the 84' Ave Sidewalk project. Mr. English explained because those are bond proceeds and it was his understanding the project has to be related to a City facility which is why it worked for 7' Ave Sidewalk but would not work for the 84t' Ave Sidewalk. Councilmember Teitzel asked if there was a legal requirement that precluded use of the funds. City Attorney Jeff Taraday said if the question was whether bond money could be used for this purpose, he would defer to the City's bond counsel to answer that. Councilmember Teitzel relayed his understanding that that question could not be answered this evening. Mr. Taraday said he was not able to provide an answer. Mayor Pro Tern Tibbott said the council wants to move that project forward but has not identified a funding source. He requested staff look into funding sources prior to the council passing the CIP/CFP and the budget. Councilmember Teitzel recalled his motion specifically asked for $750,000 and apparently that is not available, and asked how his motion could be revised to state funding to be determined. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM OLSON, TO RECONSIDER THAT VOTE SO WE CAN REVOTE IN A DIFFERENT MANNER. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM OLSON, TO MOVE PWT-32 FORWARD TO THE 2024-2025 TIMEFRAME WITH FUNDING TO BE DETERMINED. Councilmember Paine observed there is currently $88,000 in 2024 and the balance in 2027. In correspondence from staff, the estimated cost would be $1,350,000 in 2027. One of the questions asked by council was whether design would help with identifying additional funding opportunities and the answer was completing design and environmental review, Parks submitting for grant application can increase the score for grant applications. She asked if the motion was to move $1,350,000 to a date sooner than 2027. Councilmember Teitzel answered the motion would be to move design to 2024 with construction in 2025 with the funding source to be determined. Mr. English assumed a funding source would need to be identified before 2024, possibly via the decision package process. Staff negotiated a scope and fee when there were ARPA funds allocated this year for the project to start the preliminary design phase; the consultant's scope of work was approximately $65,000 plus staff time for a total of approximately $75,000. That could be included in the 2024 budget; the design will likely be complete in the first three months of the year and staff could then provide the council with an accurate estimated project cost and the council could decide at that point whether to move forward in 2025. Although it would hurt the pavement preservation fund, a possible funding source would be from the $1.5 million in REET allocated for the pavement preservation project in 2024. Edmonds City Council Draft Minutes November 6, 2023 Page 3 Packet Pg. 16 7.1.a Councilmember Teitzel restated the motion: TO MOVE THE DESIGN PHASE OF THE PROJECT INTO 2024 AND FUND WITH REET AND MOVE THE CONSTRUCTION PHASE INTO 2025 WITH FUNDING TO BE DETERMINED/STREET FUNDS. Council President Pro Tern Olson recalled this was a priority the council added to the 2023 budget. Even though the council will not be in the mode of someway/somehow making something happen on many things this year, this is one of those things she was willing to be in that mode for and figure out a way to get it done. Councilmember Paine asked the percentage of the street restoration fund that would be impacted by that change. Mr. English answered there is $1.5 million in REET funds for the overlay program. There is also a $750,000 federal grant to overlay Main Street plus local matching funds for Main Street so approximately $2.3 million. The proposal would be to reduce that by $75,000 for preliminary design. Councilmember Paine observed it would only fund design; funds for construction would need to be determined. Mr. English clarified it is preliminary design which is 30%. Staff will report the cost estimate determined during preliminary design to council during the first quarter of 2024 and council can make a decision regarding how to proceed. MOTION CARRIED UNANIMOUSLY. Councilmember Teitzel referred to PWT-39, Citywide Bicycle Lane, which has an estimated project cost of $3 million. There is no discussion in the CIP/CFP about this project being funded by a Sound Transit grant. The CIP/CFP shows $15,000 in construction costs in 2024 to be funded by BEET revenue. He suggested revising the plan to explain the entire $3 million and why the residual $15,000 is covered by City funds. Mr. English explained when bid results were received in June, the project came in higher than expected so additional BEET funds were added to the project. When the CIP/CFP was developed in July, expenditures would have expended the full Sound Transit grant so the balance to close out the project in 2024 was with BEET funds as grant dollars are spent first. The benefit section refers to the Sound Transit grant and that could be expanded. Councilmember Teitzel suggested that would be helpful. Councilmember Teitzel referred to PWT-44, Downtown Lighting Improvements, with $1.6 million in unsecured funding to install additional streetlighting in downtown Edmonds in 2027-2028. The narrative for this project does not provide sufficient justification for that additional lighting, particularly when there are urgent lighting needs elsewhere in the City such as the Mathay Ballinger Park area, Interurban Trail, etc. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REMOVE THIS PROJECT AND INSTEAD DEVOTE THE $1.6 MILLION IN FUNDING TO URGENT LIGHTING IMPROVEMENTS ELSEWHERE IN EDMONDS. Councilmember Teitzel said the council has heard there has been uptick in crime and other activities along the Interurban Trail where it is very dark and residents are uncomfortable walking on the trail in dusk and evening hours. That route needs to be safe and inviting, especially since it will be the primary route to reach the new gate for the Mountlake Terrace Ballinger Park for which the City has an ILA with Mountlake Terrace. For now there is sufficient lighting downtown. Council President Pro Tern Olson agreed lighting in other areas was a higher priority. However, she also knew Dayton Street for example was pretty dark for a downtown area. She preferred to move this project out to the 2030 range so that it is not forgotten. She asked staff for their insight/input. Mr. English answered the last three years of the CIP/CFP is the unconstrained list, projects that most likely do not have any funding. To suggest moving the $1.6 million to another project, there is no funding to move. Edmonds City Council Draft Minutes November 6, 2023 Page 4 Packet Pg. 17 7.1.a Unfunded projects are in the last three years of the CIP/CFP to provide opportunity to seek grant funds. There is also a streetlighting study being done by the end of the year that will provide a prioritized list of where lighting is needed within the City. This could potentially wait until that process as well as the Transportation Plan update is complete. He reiterated there is no funding to move. Council President Pro Tem Olson asked if the streetlighting study will look at all areas of the City. Mr. English agreed it would. Council President Pro Tem Olson observed the Downtown Lighting Improvements would not get lost; if lighting it needed, it would be identified in the streetlighting study. Mr. English agreed. Councilmember Nand asked if the beautification project with sign posts could be combined with streetlighting and potentially funded via the Goffette bequest. Ms. Feser answered lighting would not be included in beautification and the Goffette donation does not include lighting as a use for those funds. Lighting is not necessarily defined as beautification, it is more of a safety amenity. Councilmember Nand inquired about a combined pole for utility and flower baskets. Ms. Feser asked if she was suggesting lighting and flower baskets on the Interurban Trail or downtown. Councilmember Nand clarified she wondered if those two uses, utilities and flower baskets, could be combined on one pole. Ms. Feser answered a light pole is very different than a flower basket pole. It is always a possibility, but she was uncertain that beautification money would be the best way to install utilities. Councilmember Nand relayed there is a lot of concern about nighttime light pollution due to streetlights and there been complaints from some community members who are impacted by aggressive lighting onto their private property. Other jurisdictions have taken steps to preserve the night sky and reduce nighttime light pollution with more foot -level lighting. She asked if that could be explored and whether that could potentially be a cost savings. Mr. English answered it could be explored. He agreed there have been issues when streetlights are added as a result of a request and neighboring property owners don't like the light reflecting onto their property. There are ways to control that via back panels on lights but there is still light emission. Lighting at a lower level could be considered on a case -by -case basis, but it would be difficult to implement entire segments of lower level lighting citywide due to the cost. Councilmember Paine spoke against the motion, preferring to retain PWT-44 in the CIP/CFP. The streetlighting study will inform citywide lighting needs in the CIP/CFP. MOTION CARRIED (6-1), COUNCILMEMBER PAINE VOTING NO. Councilmember Teitzel referred to PWT-45, SR-104 Infill Walkway on Pine Street to 9', with a cost estimate of $3.3 million and design in 2027. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO MOVE THIS PROJECT TO 2029 AND ALLOW OTHER PROJECTS WITH HIGHER PRIORITY TO AVAIL THEMSELVES OF THIS FUNDING SOURCE. Councilmember Teitzel pointed out there are sidewalks in some areas on Pine Street between 9th and SR- 104; this project will complete the missing sections. There are other areas of the City with no sidewalks such as 84. He preferred to move this project back and ensure the highest priority sidewalks are built first. Council President Pro Tem Olson asked for staff input. Mr. English answered the project is unfunded so there is no funding to move. Councilmember Buckshnis pointed out the out years of the CIP/CFP are just numbers and she hoped the council would not spend a lot of time belaboring these because the numbers are just guestimates. Mayor Pro Tem Tibbott suggested focusing on projects related to 2024. Edmonds City Council Draft Minutes November 6, 2023 Page 5 Packet Pg. 18 7.1.a MOTION CARRIED UNANIMOUSLY. Councilmember Teitzel said his next proposed amendment was related to PWT-69, 7' Ave Sidewalk project, which was already addressed by the motion related to PWT-32, moving funding from the 7th Ave Sidewalk project to the 84t1i Ave Sidewalk so the amendment is no longer necessary. Councilmember Teitzel referred to PWT-51, Ferry Storage Improvements from Pine St to Dayton St, with a cost estimate of $380,000 in unsecured funds to add vehicle storage for ferry users. This project involves restriping a section of SR-104 which is a state highway and he was not convinced this was a City obligation and should be a WSDOT obligation. Mr. English answered the project is shown in 2027 and the funding is unsecured so there are no funds to move. The project would reconfigure the ferry storage lanes and help reduce impacts on busy weekends when traffic backs up the hill close to the Westgate intersection. Councilmember Teitzel asked if that should be a state obligation and entirely removed from the City's CIP/CFP. Mr. English explained the reason it was proposed in the City's CIP/CFP and not the state's CIP/CFP was because it would benefit Edmonds businesses on SR-104. Councilmember Nand asked if this would be a similar configuration to the Kingston terminal where people park and go spent money at businesses in downtown Kingston. Mr. English recalled the layout would reconfigure one of the general purpose lanes to add additional storage. He would need to get more details from the proposed plan. Councilmember Nand said she looked forward to the clarification. If it would allow people to safely leave their cars while waiting for a ferry and spend money at Edmonds businesses, it would be a City benefit. Council President Pro Tern Olson preferred to keep this project in the CIP/CFP because it doesn't say it will be City funded, just that it is a project that the City wants to see happen. As it get closer in the plan, hopefully funding sources can be identified. COUNCILMEMBER TEITZEL MOVED TO DELETE PWT-51 FROM THE CIP/CFP. MOTION FAILED FOR LACK OF A SECOND. Councilmember Teitzel referred to PWT-64, Green Streets 236th SW, which has design and some construction in 2025 and completion in 2026 with a total cost of approximately $3.5 million over 2 years. He opined the cost is too much at this point, especially in view of the City's current financial status. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO MOVE THIS PROJECT TO COMMENCE IN 2029 UNTIL IT CAN BE ASSESSED FURTHER. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO AMEND TO COMPLETELY REMOVE PWT-64, GREEN STREETS 236TH SW, FROM THE CIP/CFP. Councilmember Buckshnis advised the council has been asking for code since 2021, and even provided Seattle's code. Instead, an expensive consultant was used to provide a manual; the code cannot be enforced via a manual. She preferred to remove this project completely and when the administration develops code, they can suggest another Green Streets project. This is the wrong location; citizens have said they do not want a Green Street, they just want sidewalks. Councilmember Paine suggested moving it out another couple years so it can be considered as an option for that neighborhood. Edmonds City Council Draft Minutes November 6, 2023 Page 6 Packet Pg. 19 7.1.a Councilmember Chen commented the Green Street concept is good, but with a cost of $3.5 million and considering the City's current financial situation, moving it out is appropriate. He will vote against the amendment. MOTION FAILED (2-5), COUNCILMEMBERS BUCKSHNIS AND TEITZEL VOTING YES. COUNCILMEMBER PAINE MOVED TO AMEND TO MOVE THE PROJECT OUT TO 2028. MOTION DIED FOR LACK OF A SECOND. MAIN MOTION CARRIED UNANIMOUSLY. Councilmember Teitzel referred to PWF-10, Historical Museum, with an estimated cost of $75,000 from 2024 to 2028 for upgrades and maintenance of the museum building. The museum has one restroom on the main floor for the entire building and it is not fully ADA compliant. His request is dedicate $20,000 of those funds to bringing the single restroom in the museum up to ADA compliance. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DEDICATE $20,000 OF THOSE FUNDS TO BRINGING THE SINGLE RESTROOM IN THE MUSEUM UP TO ADA COMPLIANCE. Council President Pro Tem Olson said while she had a lot of interest in moving ADA projects forward, she did not think this project ranked as one of the higher priorities because this building is immediately across the street from public restrooms which are ADA accessible. With the very long list of ADA projects, this is not a good way to spend $20,000. Councilmember Paine suggested those funds may not even be available because they are bond -related funds and their use is still up in the air. Councilmember Teitzel relayed his concern was if someone in an electric wheelchair in the museum building needed to use the restroom, it was not appropriate or respectful to museum visitors to ask them to go out the door, down to the crosswalk at 5' & Main, cross the street, and travel a %2 block to the public restroom. He spoke in favor of allocating a portion of the funds already set aside for upgrades and maintenance of the museum building to make the restroom ADA compliant. Council President Pro Tem Olson added another reason she reached her conclusion was the museum doesn't host longer, more enduring events and people tend to be in and out in about an hour. Councilmember Buckshnis expressed support for the amendment for the reasons Councilmember Teitzel stated. She wanted the City to begin spending the bond funds and this is a good project. MOTION CARRIED (5-2), MAYOR PRO TEM TIBBOTT AND COUNCIL PRESIDENT PRO TEM OLSON VOTING NO. Councilmember Teitzel referred to R-19, Shell Creek Restoration, relaying the narrative suggests ARPA funding is not available in 2024 for this project because it is being allocated for other purposes. However, the council has not decided how ARPA funds will be allocated in 2024 and it is highly possible there will be funding available. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REVISE R-19 TO SHOW $120,000 DOES REMAIN TO STUDY THE ISSUES IN SHELL CREEK IN 2024 TO BE FUNDED BY ARPA. Edmonds City Council Draft Minutes November 6, 2023 Page 7 Packet Pg. 20 Councilmember Teitzel commented on the need to begin work in Shell Creek due to silting, issues with erosion and a number of other things that need to be addressed. This work needs to start in 2024 at least complete the study phase so actual work can begin including removing the concrete weirs and other things causing problems in the creek. Councilmember Buckshnis said she had the same issue. She asked whether DP 82 for $154,300 was part of the CIP/CFP, noting there is $120,000 as a carryforward and DP #82 for $154,300 but it also deals with pedestrian systems, boardwalks, bridges, trails and things of that nature. Ms. Feser displayed the relevant CIP/CFP projects (below), advising the first 4 projects are in 2024 so they are decision packages in the budget. The first item, DP 85 for $200,000 is already committed to Mountlake Terrace for Lake Ballinger Park, and the second item, DP 86, is the carryforward for Mathay Ballinger Park improvements so those numbers are committed and cannot be reused in any way. The third item is the Shell Creek Restoration which was originally listed as a carryforward using ARPA funding. Earlier this year, after the CIP/CFP was prepared, staff was told to pause ARPA funded projects so a decision package was not provided for the $120,000 Shell Creek Restoration. The fourth project, DP 82, includes a number of projects with funding of $154,300 of which $80,000 was originally for trails and bridges and $74,300 for tennis court resurfacing. CDsn Inllawd A 3% OR, Year OP "r Preed Sltei Dakolptlen 2026 2025 2026 2027 2028 2029 61-1en1 W lake BallMgw park al, -dale T- IU'GRRYFORWARO' d D19 rundiry to support CRY of M9um61a Terrace Rallbger park Pha-III $ 200.000 5 - 5 - 5 - 5 - 5 - $ 2o0.DOn Devebpment. Dayment due upon compktbn of project. lO D5 MaeMY.111IOR, Park'GRR.It..D' W CL W Construtbn of Ynpmremenh Including permarcd restroom, paved vall, pknic S 271.300 5 - 5 5 - 5 - 5 5 271.3IX1 C7 sMRer ADA a[cass arvrdMr amenities. ShN Cmek Reatdaden'GRRYFORWARD' R19 Stream huakhaW erosion control of-11 Craekln Yost P.M. stops TOD bned -i--lp;!9. 5 380.MC 5 - 5 � 5 - 5 � 5 MID,- on vt udy. Rudy in 2024, work In 2025. ARPA, N R9 Peol00 d Ra Rfi JVW:11k8 Dark nNncements, repair and malntename t--. resurla<eWtennh roans in2ola, S 1,296.a00 5 5 - 5 5 5 1.a50.7. 5 Is" R11 rWBea wa4re rept ent mlusive playgrouM andDwl upgradaSb 202s. [alumkadum fapaMlon - phau II DO fapansbn ofthe<urre.t robmbarium. r,M,ng powded through tM Cemetery S 5 159.10 $ 5 - 5 5 5 159,100 Trwl rand 13). Tr WoedwaY CMltPus Athkah Complu-maw l-u9mi" Cou t Resu acing $ 74, 00 R D20 1 cooperatbn wgh tha Fdmonds 5<Mol Dbtrkt, cpmpleleacommungY park S - $ 11500,000 5 5 5 - 5 S 1.SOO.DIXI and athktk compke at former Woodwry High Sthod to include lightirg and I... roes -bn W two Wdltbnal Ikkh. Staff recommendation: Use the $154,000 from Yost Park DP#82 add $96,000 (total $250,000) and proceed with the Existing Conditions Analysis work in 2024, construction in 2025. Ms. Feser continued, Public Works has graciously offered to share a project at the reservoir, where the tennis courts are, in 2025. Therefore the $74,300 is available next year towards Yost Park. At this point $154,300 can be earmarked to replace the $120,000. Staff recommends using the $154,300 and adding $96,000 from REET for a total of $250,000 to move forward on the existing conditions analysis in 2024 and earmark $380,000 in 2025 for work in the park around Shell Creek. Councilmember Teitzel responded if funding can be identified from other sources and ARPA left out of the equation because it is up in the air at this point, he would be agreeable to staff s proposal for the funding source to proceed with the study and design work in 2024. Ms. Feser agreed the Park CIP could and any resulting decision packages be modified to show those changes. Councilmember Buckshnis said staff is saying $250,000 but she was only coming up with $200,000. She clarified $74,300 was not need for the courts. Ms. Feser clarified her recommendation was to use the funds earmarked for the courts, so $80,000 plus $74,300 is $154,300 that is already earmarked for 2024 and add another $96,000 for a total of $250,000 for the study. Councilmember Buckshnis asked if the $120,000 carryforward was reflected in the $250,000. She anticipated the decision package would need to be changed to reflect the $120,000 carryforward. Ms. Feser clarified there is no decision package for $120,000. Councilmember Buckshnis agreed, but in her calculations only $200,000 was needed, not $250,000. She was uncertain where the $96,000 was from because there is $80,000 plus the $120,000 carryforward which equals $200,000. Ms. Feser advised the Edmonds City Council Draft Minutes November 6, 2023 Page 8 Packet Pg. 21 7.1.a $120,000 is currently unfunded; there is no decision package for the $120,000 carryforward which is why the chart above does not include a decision package number. Councilmember Buckshnis said if R19 is approved, $120,000 will be for Shell Creek. Ms. Feser reiterated there is no funding source for that project because ARPA was originally the funding source and she was told ARPA funds could not be used. Staff did not provide a decision package for the $120,000 carryforward for Shell Creek Restoration so it is currently unfunded. Councilmember Buckshnis observed if the decision package is changed to remove $74,300 and add $120,000, that totals $200,000. She questioned the $96,000. Ms. Feser answered the additional $96,000 would be funded with REET and would result in $250,000, staff s request for a complete existing conditions analysis. That was the original ask during the 2023 budget process and what is needed to study the length of Shell Creek within Yost Park. Staffs recommendation is $250,000 for that study and she is providing a way to fund it and asking council to consider it for 2024. Councilmember Buckshnis said she believed the $120,000 was specifically for the weir and Shell Creek section. Ms. Feser disagreed, stating the $120,000 was originally for the exiting condition's analysis. It was originally $220,000 for the study which council decreased to $120,000 in 2023. Through the course of the year, there was direction given by councilmembers to change that to a weir project which in her professional opinion was not originally approved by council in the budget process. Councilmember Buckshnis summarized the $120,000 is unfunded due to other uses for ARPA. Now staff is asking for $250,000 to do the complete analysis and not concentrate on any part of the degradation. Ms. Feser explained the existing conditions analysis is the first step in addressing degradation throughout the entire stream corridor within Yost Park which staff recommends be done in order to prioritize work related to Shell Creek such as the boardwalk, trails, bridges weirs, and concrete structures in the stream. She recommended that be done at once so overarching permits can be obtained, the work prioritized, and move forward with the work in 2025. Councilmember Buckshnis summarized the $120,000 is being removed from the CIP and asked if could a portion of the $250,000 could be included for Shell Creek Restoration. Councilmember Teitzel said the issue is there is not a finished, polished proposal for R19. If Ms. Feser would be willing to revise R19 to include those calculations, he would be willing to withdraw his motion and consider it later. Ms. Feser summarized staff will bring forward a new decision package with this proposal. COUNCILMEMBER TEITZEL WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECOND. Councilmember Teitzel referred to R7, Olympic Beach Park (fishing pier restroom), with a cost estimate of $53,000. As the liaison to the Port of Edmonds, the Port has asked that the City focus on this renovation due to the dire need. It was originally scheduled for 2024 and moved back in this CIP/CFP to begin in 2025. He requested it be moved to where it was originally in 2024 because it is funded by REET 125. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO MOVE THIS PROJECT TO START IN 2024. Councilmember Paine asked if there was adequate REET in 2024 to accommodate this anticipated work. Ms. Feser answered yes as this is a relatively small amount. She explained the reason the project was moved to 2025 is the project is replacement of the restroom ventilation system. Facilities is proposing to redo the restroom roof in 2025 and the ventilation and roof would be done at the same time. Moving the Edmonds City Council Draft Minutes November 6, 2023 Page 9 Packet Pg. 22 7.1.a project to 2025 was a timing issue with facilities, not just an arbitrary change. It would be cost effective to do replace the ventilation system at the same time as the roof. Councilmember Teitzel asked if it would be possible to do the roof repair and the ventilation system in 2024. Ms. Feser answered she would need to coordinate with Facilities on the roof repair; she was unsure the roof project was on their schedule for 2024. Councilmember Teitzel said he would like to move the roof project up especially because the Port is strongly encouraging the City to resolve that because people using the Port appreciate restroom. If it is not possible to move it to 2024, he requested staff get back to council so something else could be done. MOTION CARRIED (5-2), COUNCILMEMBERS NAND AND PAINE VOTING NO. Council President Pro Tem Olson commented she has received a ton of responses from staff and was very impressed by how quickly staff responded and how comprehensive their responses were. One question may have gotten overlooked was related to PWT-28, 175t1i Slope Repair. She recalled when doorbelling in 2019, she was told the cones had been in place on the broken part of road for a long time. Her research found that in 2024, the cones will have been there for 20 years. In this year's CIP/CFP, that project was moved from 2026 to 2027. She recognized there may have been a really good reason for that, but at a minimum, she wanted it moved back to 2026 or even sooner. Twenty years seems like an unacceptable duration for the neighborhood to endure that situation. Mr. English said a response was provided, but the cell may gotten covered in the ones sent out this afternoon. The reason the project was moved back a year was to keep it in the years of the CIP/CFP where there is no funding identified. It comes down to identifying a funding source; it could be moved to 2026, but the format is to show the unfunded projects in the last three years which is why it was moved to 2027. Council President Pro Tem Olson said in that circumstance, she will not ask for that change, but she was hopeful by elevating the criticality of this project to her council colleagues and staff, funds could be identified for that project. Mr. English advised that slope is monitored and evaluated annually to measure movement. He agreed it would be nice to identify a funding source because it will be an expensive project. Council President Pro Tem Olson observed the cost estimate was $1.1 million. She noted that project needs to be done when the funding can be identified. Councilmember Paine said the neighborhood where PWT-28 is has some really big hills and there are garbage pickup/hauler issues happening as well. It is a very narrow street and needs additional width to help with services. Councilmember Buckshnis referred to P3 and D14, Waterfront Walkway, and recommended it be completely removed from the CIP/CFP because this legacy project has probably cost the City millions. It is environmentally bad, it is costly, over $1 million has been spent in attorney fees, and sea level rise will likely be over the walkway. She recommended removing this project because it will not happen and there is already a work around by walking on the sidewalk to the east which is ADA accessible. This project is just spending a lot of money on a small link which will be washed away in future years due to sea level rise. COUNCILMEMBER BUCKSHNIS MOVED TO REMOVE THE WATERFRONT WALKWAY COMPLETION FROM THE CIP/CFP. MOTION FAILED FOR LACK OF A SECOND. Councilmember Buckshnis referred to a $688,000 decision package related to bond funds and asked if projects have been done using bond funds. Mr. English said he would defer that question to Public Works Director Antillon who was unable to attend tonight's meeting; he plans to follow up on the facilities - related questions. Edmonds City Council Draft Minutes November 6, 2023 Page 10 Packet Pg. 23 7.1.a Councilmember Buckshnis referred to the PWT-67, Waterfront Emergency Access, and DP 83 which was added last year. It appeared as if it was a carryforward and she asked if transportation impact fees could be used for that project. Mr. English said the city council added the study in 2022 for the 2024 budget so staff created that decision package. Transportation impact fees could not be used for that study; impact fees are calculated based on failing intersections within the City and this study is not associated with growth. Councilmember Buckshnis asked if there was grant funding for emergency access. Mr. English answered there could potentially be an opportunity, staff will continue to look for grants through the BUILD program. 6. AUDIENCE COMMENTS Kerry Radley, Edmonds, said she has lived in the same house on Edmonds Street off 8th for the past 24 years and is very familiar with Edmonds and walks it regularly with friends and dogs. She expressed concern with the intersection at 8' & Main where pedestrians cross to reach the Frances Anderson Center field. Over the years, the number of drivers that roar through that intersection has gotten worse and worse, particularly downhill going west as well as going east and it has gotten really dangerous at time during the last 2-3 years. There are times she has crossed using the crosswalk and barely makes it to the opposing lane when a car roars behind her and she has watched that happen to other people walking with their kids. It doesn't happen when major events occur at the field like the Edmonds Art Festival, because there is a police presence and huge numbers of people around. A couple years ago the City put up orange flags which disappeared within a few weeks. She mentioned it to a City worker recently and he said the teenagers take the flags to hang on their walls. She explained the problem to him and said it would be nice to have the poles with the pedestrian activated flashing lights there to alert drivers traveling both ways to the crosswalk. The worker she spoke with thanked her said he would talk to his department, but she never heard anything more other than more flags appeared recently but now only two remain. She asked the council to consider installing the pedestrian activated flashing lights at that intersection. Bob Chaffee, Edmonds, a retired physician, said he had a sign on his desk that said, a consultant is someone brought in to share the blame, which he said was worth remembering. He voiced his opposition to the red cameras, noting Ken Reidy covered the issue well in his article today in MEN. The process is putting the cart before the horse. This should have been developed by the city council, discussed and studied and then considered in the budget. As Mr. Reidy's article showed, in Lynnwood incidents have not decreased and in fact have increased. He acknowledged there was money to be made from red light cameras but it was not nearly as much as has been predicted because there were significant expenses associated with red light cameras. Janelle Cass, Edmonds, expressed her opposition to the installation of red light cameras. As a past Air Force and FAA engineer involved in a lot of hazard and safety analyses, the funding and installation of red light cameras is premature. It is extremely important to take an in-depth look at the underlying causes so the City knows what problem they are trying to fix and then look toward engineering controls before applying an administrative control such as red light cameras. From reading Ken Reidy's article and talking with him, an analysis is required by state law before the council passes an ordinance and funds the cameras. She urged the council to follow a basic scientific methodology - state the problem, come up with a hypothesis and analyze the data. She also expressed her opposition to purchasing the Landmark property at this point in time for the sheer fact the City cannot afford it and she felt there was a false urgency even though it had not been part of a long term strategic plan that includes robust public outreach. She heard another citizen say the public outreach event was more like a high pressure timeshare sales event than having the public express their concerns about the cost and long term burden that property would place on the City. Everyone knows timeshare sales pitches pressure people into buying something they don't need and the City doesn't need the Landmark property right now. Edmonds City Council Draft Minutes November 6, 2023 Page 11 Packet Pg. 24 7.1.a Rowan Soiset, Edmonds, whose pronouns are they/he, referred to renovating restrooms in public facilities, pointing out the importance of considering the implementation of gender neutral restrooms. Gender neutral restrooms are very easy to implement, requiring only a sign saying they are gender neutral or putting up signs stating there are urinals in one restroom and stalls in another. People who want to use a urinal can use that restroom and people who want to use stalls can you that restroom. Signage is not super expensive. They identify as transgender and it would be a massive benefit to them to have gender neutral restrooms because it is extremely stressful to use gendered restrooms. With everything going on in the current political climate, they felt safer using a designated gender neutral space. They also stated their opposition to the proposed red light cameras at three intersections and suggested looking to other solutions. The issue that has been brought up is speeding and they did not see how red light cameras would impact speeding. Another thing to consider is how red light cameras impact the community. There is currently a major cost of living crisis, people are working than ever and fining people large amounts for red light cameras that are sometimes unreliable is very difficult for a lot of people who do not have time to go to court and fight the ticket and end up having to pay them. Joe Scordino, Edmonds, said he is in the City's streams many times a week and at least twice a week with Edmonds-Woodway and Meadowdale High School students. The good news is they are seeing a good number of Coho salmon returning to Lund's Gulch Creek and Shell Creek. The bad news is they are seeing more dead small Coho showing symptoms of the effects of tire dust from roads that enter stormwater and creeks and it is sad for the students to see that. With regard to the Landmark property, he said it is not just a money issue but also a staff time issue. Three directors have commented to council on that project, a heck of a lot of investment in City resources, which needs to stop. The City doesn't have the money for that property at this time and it doesn't make sense. The proposed purchase of the property adjacent to Mathay Ballinger Park is great news. He expressed support for purchasing that property and getting the Landmark property off the table so staff can get back to work on the comprehensive plan where big fixes will be needed to deal with higher density. With regard to the CFP, he suggested the council look at the RCW regarding the CFP. CFPs are financial plans and should be done in advance and implemented in the budget in each of the six years. The CFP and the budget should not be done concurrently; when that is done, the CFP is not a planning document. The council should be weighing where to put resources and what to prioritize. When projects show unsecured funds, the report should describe the source of those funds and staff time should be prioritized related to how much time they spend on various activities, including writing grants. 7. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FOR FILING 2. BUDGET QUERIES - COUNCIL BUDGET QUESTIONS AND ADMINISTRATION/STAFF RESPONSES 3. WRITTEN PUBLIC COMMENTS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER NAND, TO APPROVE THE CONSENT AGENDA. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM OLSON, TO PULL ITEM 8.7, RESOLUTION AUTHORIZING USE OF GENERAL FUND OPERATING RESERVES FOR GENERAL FUND EXPENSES, AND POSTPONE IT INDEFINITELY. Councilmember Chen listed reasons for pulling and postponing this item, 1) there is already a Council Business item, 10.1, related to this, and 2) Section 3 of the resolution addresses formation of a taskforce by October 31 which did not occur so it is irrelevant. Edmonds City Council Draft Minutes November 6, 2023 Page 12 Packet Pg. 25 7.1.a AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF SPECIAL MEETING MINUTES OCTOBER 17, 2023 2. APPROVAL OF SPECIAL MEETING MINUTES OCTOBER 19, 2023 3. APPROVAL OF SPECIAL MEETING MINUTES OCTOBER 24, 2023 4. APPROVAL OF REGULAR MEETING MINUTES OCTOBER 24, 2023 5. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 6. FINAL 2024 PROPERTY TAX ORDINANCES 9. PUBLIC HEARING 2024 BUDGET PUBLIC HEARING #4 Mayor Pro Tern Tibbott opened public hearing. Barbara Steller, Edmonds, a member of the advocates for environment at the Edmonds United Methodist Church, commented on the hiring of climate action plan manager. She was grateful for the council's work to include and consider issues impacting a healthy future environment in Edmonds as part of the 2024 budget. The goals and measures outlined in the climate action plan must be carefully monitored and adhered to. Costs may be high to hire a manager to oversee the plan's implementation, but the cost of climate impacts may be even higher. She urged the council to keep the climate action plan goals on track by funding a climate manager position. David Jones, Edmonds, encouraged the council to develop and fund a climate action manager position. Everyone wants the City to be fiscally responsible, just like they want their families and institutions in the community to be fiscally responsible. As City leaders, the council developed a climate action plan and in the past asked a staff member to take on the additional duty of managing that climate action plan. However, the goals, objectives and metrics in the 2023 climate action have become much too big to put on the desk of an existing planning department employee who has many other responsibilities. Everyone recognizes in order to address the real changes occurring in the climate and the impacts on their lives, takes everyone doing something different. It is not just something the local, state or federal government does, it is things everyone does including the City. Making those changes also requires changes in the way the City is funded and staffed to ensure there is someone to monitor the plan. The legislature recently recognized changes will be occurring and set targets such as eliminating the use of natural gas in the state by 2045. He questioned who would help manage that transition; there is no funding available to accomplish what the state mandated so a system/program has been created through the State Department of Commerce that makes grants available to municipalities and other entities ready to do that kind of work. Those grants will be competitive and require an experienced staff member dedicated to monitoring the creation of the climate action plan as well as grant writing. It is not something an existing staff member can do, a half-time staff member or someone brand new to the position can do. Just as individuals have to figure out how to make changes in their own lives, the City also has to step up and make those changes. Gayla Shoemake, Edmonds, said she has carefully listened to and read comments from councilmembers over the past year and has been disappointed even from those she voted for. The climate crisis is upon us every day; we see evidence of its dangers in the city, around the country and the world. Although the council approved climate action plans in 2010 and 2023, no further action was taken to guarantee implementation of those plans and no funding was provided to ensure the future of our youth. It was as if after passing the CAP, the council immediately forgot it. She did not believe the council ignored it on Edmonds City Council Draft Minutes November 6, 2023 Page 13 Packet Pg. 26 purpose, they just forgot about it. The City's planning department has worked long and furiously to identify steps that need to be taken, but they are overwhelmed with their planning responsibilities and cannot implement these steps. Local volunteers have given time and effort to study climate issues, researching what other communities in the area have done and identifying what needs to be done to provide the best possible future for the City. They are most willing to help, but they cannot do it without professional leadership and neither can the planning department. When there has been a health and safety issue in the past, the city council has always found the money and that is what needs to happen now. She urged the council to be courageous and admit failures in the past, acknowledge their responsibility for the health and safety of Edmonds residents, and hire a climate action manager to lead City staff, community volunteers, and rally the community to prepare for the climate crisis. Jean Patterson, Edmonds, relayed her recent comment to a friend, that Edmonds is in danger of being loved to death. There are so many attractions such as markets, festivals, beaches, restaurants, etc. and she was particularly concerned about traffic mitigation. She did not have any grandiose ideas but it occurred to her since there is pressure on traffic and parking on Saturdays, consideration should be given to having a park & ride at the Edmonds-Woodway High School with a shuttle to bring people into the bowl for the markets and festivals. Jane O'Dell, Edmonds, explained over the last couple months she has had a number of conversations with councilmembers and others about climate issues and it was reassuring to find that so many were ready to see action on the climate action plan. When the city council adopted the updated CAP this year, they took a critical step. A lot of people she talked with didn't know that the CAP hadn't been adopted before and people were just working on it incrementally, trying to make progress. She thanked the council for adopting the CAP, positioning the City to take the next step, implementing the plan. Leading climate preparedness in a city, even a small city like Edmonds is a very large undertaking and she questioned whether existing staff could do it. The mayor's 2024 budget includes a climate action manager; after trying to implement the CAP with City staff and making some progress, staff and the mayor concluded a climate action manager was needed to make real progress on objectives. Ms. O'Dell continued, expressing concern with efforts to find an inexpensive option to fill the position of a climate action manager such as sharing with another city, hiring an entry level person instead of an experienced professional, or otherwise trying to double up on tasks for a climate action manager. Although not a climate scientist, she has worked and led multi -year projects involving large sums of money as a government contractor and as a business executive. The projects she has seen succeed have certain features, one of which is a dedicated leader whose attention is always on the project, not split, not shared. She has also seen projects burn through a lot of funding without producing anything like the hoped -for results because the project manager was retained as a short -termer and was too busy looking for the next gig to focus the way they needed to, they were assigned two projects at the same time and somehow weren't available when a problem arose, or they just lacked the authority to deal with compatriots. She urged the council to hire the right people. Theresa Hollis, Edmonds, said the City's practice of headcount growth that moves in lockstep with workload growth should stop. Directors need to evaluate automating and outsourcing certain functions. For example, the City does payroll accounting inhouse; for over 30 years that administrative function has been outsourced in many enterprises the City's size because it saves money, it brings in best practices, it forces process standardization across departments, and it forces policy compliance. The cost estimate for licensing and implementing the Munis ERP system is $800,000 plus a headcount was added to administrative services during the April 2023 budget amendment for the ERP project manager at a $60,000 salary level, but no RFP was done to evaluate options available to the City for a new ERP system. The City made the decision to stay with the same software vendor and license their new generation software suite. That procurement process for a $800,000 expenditure would never pass an Edmonds City Council Draft Minutes November 6, 2023 Page 14 Packet Pg. 27 7.1.a operational audit in the places she has worked in the past. Now the City has an opportunity to be more cost focused in their implementation planning by issuing an RFP for outsourcing time and attendance, payroll, and certain HR functions and compare those responses to the Munis system implementation costs for those modules plus the salary and benefits of City staff saved if those functions were outsourced. She asked why not outsource the work if the City can save money while paying employees accurately. She provided another example, public works is requesting a head count to digitize records and enable staff to be more efficient when doing research, but there is no offsetting headcount reduction offered in 2024 from the research workload, which is not unusual, the headcount reductions from the increased use of technology in one department becoming the funding that is needed for the headcount additions or professional services in another department's automation project. Another example is a potential budget reduction as described in her November 1 email to council regarding the City of Shoreline's grants administrator. Decision package 8 requests a new grants manager, yet Shoreline is getting the work done with a limited term administrative level position, an approach Edmonds should consider if they can verify it is working in Shoreline. She suggested recruiting that person after their employment in Shoreline ends. Laura Walls, Edmonds, spoke in favor of hiring a climate action manager. Edmonds is on the frontlines of climate change that everyone is experiencing including sea level rise, high tides and storm surges, heavy floods damaging Harbor Square, last year's drought, impacts to bird populations from the mass casualty extreme heat event in 2021, wildfire smoke, etc. She will never forget attending her first Edmonds Bird Fest last year while smoke and ash rained down from the Cascades. She became dedicated to learning and teaching about climate change after visiting her family in Edmonds on New Year's Eve in 2020 when there was an extreme low time at midnight. They went to Brackett's Landing to look for sea life and when her flashlight picked up what she thought were starfish, they was nothing but detached legs, half bodies, and decaying bits strewn along the beach. She found a huge sunflower star melting down one of the rocks, literally melting away under the ferry dock. There wasn't one single whole starfish anywhere in a place the year before there were hundreds of orange and purple ochre sea stars along the base of the jetty and the ferry terminal rocks. This was the start of the starfish wasting disease that wiped out starfish populations from California to Alaska. The intertidal ecosystem has just barely begun to recover. She was broken hearted to see school children excited to look into tide pools at low tide when she knew how full of life they used to be and how barren they are now. Ms. Walls continued, at that time she was teaching at a mid -western university where she retrained to teach a course in climate change with the director of the sustainability program. In 2017 their students researched and designed a climate action plan very similar to the excellent one Edmonds has. In 2019, the South Bend City Council passed that plan via a legally binding ordinance with the support of their school system, South Bend City Council and Mayor Pete Buttigieg. After all that, key leaders left and now, without a paid professional and trained climate action manager, all the hard work of implementing the plans so many people worked to put together is left to two junior staffers who are quite young and cannot begin to implement all the measures that were so carefully enacted into law five years ago. This cannot be allowed to happen in Edmonds. If anyone thinks hiring a trained professional to lead the climate action plan is too expensive, just wait for the bills to repair flood damage to the waterfront and Harbor Square from sea level rise. Nancy Johnson, Edmonds, co-chair of the Snohomish and Island County Sierra Club group, read an excerpt from a letter to the editor in My Edmonds News by Maplewood K-8 Student Danielle D'Couto, "Last summer was the hottest on record. Ever. And the one before that was the hottest, and the one before that. We've been seeing hurricanes out of hurricane season, some of the most severe wildfires ever displacing millions of people. My grandparents in Detroit saw their city's streets flooded in August. Climate change is real, and we can't run. Our ice caps are melting and it seems like 1.5 degrees of warming are inevitable. But it's not. When we encounter issues like this, that are big and very complicated, we have a tendency to act like someone else is going to clean up our mess than actually Edmonds City Council Draft Minutes November 6, 2023 Page 15 Packet Pg. 28 7.1.a make changes. But it doesn't have to be that way. From small actions, like buying your clothes second hand or eating a meatless meal once a week, to big actions, like buying an electric car or choosing a more efficient heating system, we can make a change. If the people of Edmonds learn about the tax reductions on electric cars, how much carbon is emitted from meat production, the benefits of composting, they will make changes. We all have a choice. To keep closing our eyes, and pretending like nothing is happening, or to take action. You can choose to stand with my future and the future of so many other kids." Ms. Johnson thanked Danielle D'Couto for a timely and powerful letter. She makes excellent points, do we think someone else will clean up our mess? If we learn about the federal IRA and other subsidies becoming available to help people buy EVs and weatherize and electrify their homes, will we take action? Ms. Johnson continued, these changes will benefit all of us by reduced GHG and better health due to less air pollution, but they are often complicated to implement. Most of the GHG in Edmonds are from the private sector. The CAP is a good start, but people need to be aware of the plan and what they can do to help implement it thoroughly and quickly. A climate action manager could pursue grants to help low income families learn how to electrify their homes, create and stage a plan prioritizing the most effective local actions, guide willing community groups into taking coordinated meaningful steps toward sustainable, organize various city departments, take the lead on adaptation planning in this coastal city and much more. Recently widely published research has shown we do not have time to fiddle while Edmonds burns. She believed budgets were a statement of values and hoped Edmonds would make the choice to stand with Danielle. Greg Ferguson, Edmonds, urged the council to support the climate action manager position. Sea level rise is part of adaptation; adaptation isn't addressed in the climate action plan, and hopefully it will be addressed in the comprehensive plan. Mitigation is how gas emissions are reduced. Adaptation is what is done about climate change. A climate action manager can help deal with both those components. The Edmonds waterfront from the ferry toll booths to the Port walkway is at an elevation from 10 to 14 feet. To put that in perspective, during the flood event on December 27, 2022 that coincided with a king tide, Puget Sound sea levels were 12.8 feet which is higher than some parts of the waterfront. In 2050 those levels will probably be 1 foot higher and in 2100, they will be 4 feet higher; sea levels do not stop rising, they keep increasing. There will be devastating floods and the waterfront won't exist in the same condition it is in now in the future. There are huge decisions to be made on a very complicated issue. Should everything be raised up, build a massive seawall, retreat back to Edmonds Way? An experienced, full-time professional is needed to guide the City through those decisions. He urged the council to support hiring an experienced, full-time climate action manager. Georginia Armstrong, Edmonds climate advisory board, asked audience members to raise their hands if they supported the City hiring a climate action manager. In thinking about how far apart we are on the need for this important hire, she came to the conclusion it is because it is looked at through different lenses. The council is strategizing how they can fulfill the request while spending as little money as possible given a leaner 2024 budget. Climate action is a priority that requires the City to protect the community from extreme weather events and do its part to mitigate GHG emissions so the climate doesn't impact future generations. With the council's money -driven lens, most see the position as one that can be shared with a neighboring city, be a junior, entry-level position and funded by the Commerce grant next summer. Through a priority driven lens, it is a full-time, experienced person competent enough to implement the currently stalled CAP, one who can lead an interdepartmental climate team and a contingent of volunteers who need a coordinated community engagement effort led by an experienced climate action manager. Using the Commerce grant funding will limit the term of a climate action manager to less than three years and will eliminate the use of those funds for a vital climate adaptation plan. Edmonds City Council Draft Minutes November 6, 2023 Page 16 Packet Pg. 29 7.1.a Ms. Armstrong continued, most councilmembers think volunteers can work on reducing the community's 98% share of Edmonds GHG emissions, but that thinking is underestimating the specialized work that a CAP requires. Even city staff who have work other than climate action to accomplish, with three action items to accomplish in 2023, have completed only one. There are 61 CAP action items in all. Hiring through a money -driven lens means a climate action manager that is built to fail. She urged the council to make this position a priority. The Edmonds climate advisory board recommends the council fund the climate action manager position up until the Commerce grant is received in July and then the City could use the grant to fund the climate action manager salary through the end of 2024, thus ensuring there is not too much additional burden in the lean budget year. Next year the board recommends the council fund the climate action manager and reimburse the grant money used in 2023 for the climate action manager salary. This money would be added to the remaining grant funds to develop an adaptation plan in which the climate action manager would play a vital role. In this way the City spends less money during the 2024 lean budget cycle, the community gets the CAP leadership it seeks, and the council's promise to support the CAP it adopted will be honored. Joe Scordino, Edmonds, continued his comments from the last public hearing on the budget where he suggested thinking outside. The council usually has decision packages that reflect all the increases and the council debates them and ends up not changing anything. Obviously the council cannot do that this time. Thinking outside the box, he recommended the council think beyond those decision packages and look at each department's budget. He was surprised to find some departments budget's had a 44-47% increase in personnel costs between 2023 and 2024. That increase would the first thing to target especially during a time when revenues do not provide sufficient funding for expenditures. Section 1 of the ordinance essentially says the council approves the attached budget; the council could include language regarding a 10-20% cut and then require staff to come back in January with a budget showing where those cuts were made. The council approves a balance budget and the burden is then on staff to identify where the cuts occur. The council could stipulate across the board, exempt certain departments such as the police department, etc. Another option is to look at existing contracts for nice -to-do things and potentially cut those back and do things differently. He was specifically referring to the contract for the comprehensive plan; a lot of people in Edmonds want to help with the update to the comprehensive plan and there is no reason to pay a contractor to do something the people of Edmonds could do. He suggested an increase in the budget for white paint for crosswalks; the more crosswalks there are, the safer it is for people to walk in Edmonds. Angela Winzen, Edmonds, vice chair of the climate protection committee, thanked the council for adopting the CAP. Many councilmembers say there is no budget to hire someone to lead the charge on the CAP, that perhaps the City's small planning department can implement it as one of their many diverse tasks, or that volunteers can do it, particularly the climate protection committee. That tells her the council is not fully aware what implementing the plan entails or that they do not fully embrace the gravity of the climate crisis. There are a great number of Edmonds residents who are unaware or choose to put their heads in the sand. In fact the true irony is the very thing a climate action manager is needed is to accomplish informing and educating residents that they are responsible for 98% of GHG emissions. The council says the reason a climate action manager cannot be hired is due to the budget crisis and that the City needs to be fiscally conservative, yet the City spent money to create a CAP but now doesn't plan to fund implementation. That is fiscal irresponsibility. If the City is not funding implementation of the CAP, why was it created and why did the council vote to adopt it? Without implementation, the CAP means nothing. Ms. Winzen asked the council to follow through, to be the first step in the ability to achieve the goal of carbon neutrality. She recognized the Commerce grant funding was coming, but that is nearly a year away. The City is decades behind and cannot wait a year to have a climate leader and shouldn't be moving like molasses through the plan with no City climate leadership. The time is now; climate Edmonds City Council Draft Minutes November 6, 2023 Page 17 Packet Pg. 30 7.1.a mitigation is a budget priority. She urged the council to do it right or don't do it at all; hire a qualified full-time climate action manager who can focus all their efforts on making the CAP a success, someone with knowledge and expertise who can catch up on something the City is already so far behind on. If the City hires less than a qualified full-time climate manager, the City will surely fail at their mission and once again will have fiscal irresponsibility. The time to take action is now. Gayle Leberg thanked the council for passing the CAP. She has been working with the City and its partners on climate issues since 2016. The CAP is a good beginning as a statement of intent and hopefully values, however, good intentions are weak. For example, someone may say they intend to lose weight, but it is not until they center it into their daily life that something happens. There is a climate emergency and it takes leadership to respond. A retired Edmonds teacher, she works with high school students in environmental clubs throughout the school district. One cannot miss the feeling of betrayal young people feel when the quality of their futures receive so little priority. Although she does not live in Edmonds, she is the co-chair of the Edmonds Unitarian Universalist Congregation and many of their members live in Edmonds. In 2016 they debated and educated themselves on the climate and adopted a very strong stand on climate, calling for extreme action to respond to climate challenges. The congregation has over 300 members, many of whom live in Edmonds and they would stand with her to implore the council on the necessity of centering Edmonds' response to climate change by hiring a climate action manager. She wanted to be able to tell her congregation and the students she works with that Edmonds is the kind of community that has the courage to rise to this existential crisis and fund a climate action manager. With no further public comment, Mayor Pro Tem Tibbott closed the public hearing. 10. COUNCIL BUSINESS 1. RESOLUTION CONCERNING THE APPROVAL OF OPERATING RESERVE FUND USE AND ADDRESSING THE STRUCTURAL BUDGET DEFICIT Council President Pro Tem Olson explained a resolution on this topic was worked on and amended from the dais at the October 24 meeting and council voted to put it on the November 6 consent agenda so council could see a clean copy before final approval. That is the reason that version of the resolution was on the consent agenda and was pulled and tabled indefinitely. There were numerous issues identified with that version, including compliance with the fiscal reserve policy and for the sake of efficiency, a different version was included in the packet. The proposed resolution is compliant with the fiscal reserve policy and deletes reference to a taskforce which will not be utilized. To reiterate the background provided in the October 24 agenda memo, the mayor's 2024 proposed budget estimates the General Fund balance for 2023 will be more than $2 million below the required reserves. The fund balance reserve policy provides procedures and guidelines for the establishment, use and replenishment of fund balances and reserves. The council discussed at length 2023 estimates for General Fund revenues, expenses and fund balance during the October 19 special meeting. COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE RESOLUTION IN THE PACKET ON PAGE 421. COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO AMEND TO DELETE SECTION 4 BECAUSE IT IS SUPERFLUOUS AND JUST CONFUSES THE ISSUE. Council President Pro Tem Olson said Section 4 references the possibility of an ARPA transfer which may or may not occur, but that is not relevant as ARPA would be used for general operating expenses and not to replenish the reserve. Therefore, per City Attorney Jeff Taraday, it would be preferable to remove that section. Edmonds City Council Draft Minutes November 6, 2023 Page 18 Packet Pg. 31 7.1.a AMENDMENT CARRIED UNANIMOUSLY. Councilmember Buckshnis emphasize the City is in a fiscal emergency and she will stake her career of 13 years in municipal finance on that, noting she probably knows more about municipal finance and all the directors she has worked with. As was done with the resolution on October 24, she proposed adding declaration of fiscal emergency. Add to title COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO AMEND BY REVISING TITLE OF THE RESOLUTION TO READ, A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE USE OF GENERAL FUND OPERATING RESERVES FOR THE 2023 GENERAL FUND EXPENSES AND ADDRESSING THE STRUCTURAL IMBALANCE AND DECLARATION OF A FISCAL EMERGENCY. Councilmember Buckshnis commented things are not all what they seem to be when looking at the budget. The budget does not indicate what is happening from a cashflow standpoint. All one needs to do is read Councilmember Chen' opinion letter regarding the City being in a fiscal emergency. The numbers do not look good and due to her background, she had to bring this amendment forward to include the declaration of a fiscal emergency. UPON ROLL CALL, AMENDMENT CARRIED (4-3), COUNCILMEMBERS TEITZEL, CHEN, BUCKSHNIS AND COUNCIL PRESIDENT PRO TEM OLSON VOTING YES; MAYOR PRO TEM TIBBOTT AND COUNCILMEMBERS PAINE AND NAND VOTING NO. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO AMEND TO ADD A WHEREAS CLAUSE THAT READS, "WHEREAS THIS SIGNIFICANT STRUCTURAL IMBALANCE WAS CAUSED BY TWO SPECIFIC ORDINANCES ADOPTED IN MARCH AND APRIL OF 2023. THESE NEGATIVE FISCAL TRENDS COUPLED WITH A SHORTFALL IN THE GENERAL FUND OPERATING RESERVES IS NOW CONSIDERED A FISCAL EMERGENCY AS DEFINED BY ARTICLE III SECTION 1 BY THE CITY COUNCIL. Councilmember Buckshnis said Article III Section 1 broadly defines fiscal emergency as economic uncertainties, unforeseen emergencies and unanticipated operating expenses and revenue shortfalls. In March and April 2023, due to the retro pay and increase in salaries, a serious negative trend occurred which continued all year and in her opinion, created a fiscal emergency. Councilmember Chen did not support the motion as it appeared to be redundant. There is already a whereas clauses that states, Article III Section 1 states "(a)ny use of the committed General Fund Operating Reserves shall be used only in cases of a fiscal emergency..." so that issue is already addressed in the resolution. Secondly, the March and April budget amendments were not the only budget amendments that were made; there were also budget amendments made in July and there may be future budget amendments within 2023. UPON ROLL CALL, AMENDMENT FAILED (2-5), COUNCILMEMBERS TEITZEL AND BUCKSHNIS VOTING YES; COUNCILMEMBERS CHEN, PAINE AND NAND, COUNCIL PRESIDENT PRO TEM OLSON, AND MAYOR PRO TEM TIBBOTT VOTING NO. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO ADD SECTION 2 THAT READS, "AFTER THE CITY COUNCIL APPROVES A 2024 BUDGET, A FISCAL EMERGENCY WILL CONTINUE TO EXIST IN 2024 BECAUSE OF THE STRUCTURAL IMBALANCE OF FUTURE EXPENSES EXCEEDING PROJECTED REVENUES UNLESS THE ADMINISTRATION AND CITY COUNCIL TAKE STRONG CORRECTIVE ACTIONS DURING THE DURING THE COURSE OF 2024." Edmonds City Council Draft Minutes November 6, 2023 Page 19 Packet Pg. 32 7.1.a Councilmember Buckshnis commented it doesn't matter what amendments caused the structural imbalance, the trends indicate the city council and administration will need to make significant changes next year to adjust that significant imbalance which could occur in many different ways. It is very obvious by the numbers that there is a fiscal emergency and that something needs to happen right away next year. Councilmember Nand opposed the amendment, finding it precipitous to make statements about the 2024 budget before it is finalized. Council is still negotiating with the administration and she preferred not to forecast the status of the 2024 budget before it is finalized by council. Council President Pro Tem Olson expressed appreciation for the amendment which is basically just saying there is a lot of work to do and indicating the parties need to come to the table to make that happen to right the ship. The numbers are very significant, assumptions of many millions of dollars from red light camera revenues, use of one-time funds, even use of $2 million that was bonded for the sake of deferred maintenance. The council has its work cut out for them to have a responsible budget and she knows they are up to the challenge and will make that happen, but there will need to be course correction beyond those band -aids. Councilmember Teitzel pointed out the definition of structural budget exists on page 12 of the fund balance reserve policy; the first sentence states, a budget deficit or gap that results from a fundamental imbalance whereby current year governmental expenditures exceed current year revenues without any consideration of carryover or prior year unspent revenue balances if they exist. That is the problem that will exist in 2024 without one-time infusions of cash from ARPA, a structural imbalance which will lead to another emergency unless this council takes strong action in concert with the mayor to fix it. That is the reality of the situation and all this amendment does is warn of the situation, that there is an imbalance that needs to be addressed or there will be another emergency. He expressed support for the amendment. MAYOR PRO TEM TIBBOTT MOVED, SECONDED BY COUNCILMEMBER CHEN, TO AMEND THE AMENDMENT TO SUBSTITUTE "MAY" FOR "WILL" IN THE FIRST LINE OF THE AMENDMENT. Mayor Pro Tem Tibbott said using "may" instead of "will" is less definitive and still points to the likelihood of a structural imbalance in the future. He recognized there will be significant challenges as the 2024 budget is approved and not all of them will be displaced during the remainder of the year. In his opinion, it was not advisable to be overly predictive. Councilmember Paine asked if that was an alternate motion or an amendment to the amendment. Mayor Pro Tem Tibbott said it is an amendment to the amendment. UPON ROLL CALL, AMENDMENT TO THE AMENDMENT CARRIED (4-3), COUNCILMEMBERS CHEN, PAINE AND NAND AND MAYOR PRO TEM TIBBOTT VOTING YES; COUNCILMEMBERS TEITZEL AND BUCKSHNIS AND COUNCIL PRESIDENT PRO TEM OLSON VOTING NO. AMENDMENT CARRIED (6-1), COUNCILMEMBER PAINE VOTING NO. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. Mayor Pro Tem Tibbott declared a brief recess. COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO PULL ITEM 10.4, 2023 BUDGET AMENDMENT RELATED TO ARPA, FROM Edmonds City Council Draft Minutes November 6, 2023 Page 20 Packet Pg. 33 7.1.a THE AGENDA AS IT IS NOT READY PER THE CITY ATTORNEY AND NEEDS TO BE REWORKED. Councilmember Paine asked for a further explanation. City Attorney Jeff Taraday said he wanted to work the amendment with the administrative services director to ensure it is structured in way that is compliant with the ARPA Final Rule. MOTION CARRIED UNANIMOUSLY. 2. PARKLAND ACQUISITION PURCHASE & SALE AGREEMENT - MEE PROPERTY Parks, Recreation and Human Services Director Angie Feser said she was pleased to present for council consideration a purchase and sale agreement for a one acre property that will preserve existing open space and a well -established tree canopy, expands the only small park in the underserved southern area of Edmonds, and supports a trailhead for the regional Interurban Trail. The parks and planning board reviewed this presentation and proposal at their October 25 meeting and unanimously supported forwarding a recommendation to council to purchase the property. She reviewed: • Parcel Information o Location: South Edmonds o Size: .99 acre o Zoned: R-8 o One house/two outbuildings o Utilities on site: water, power, sewer o $925,000 purchase price o Motivated seller o Threat of development o Appraisal complete o Purchase and Sale Agreement negotiated o Adjacent to Mathay-Ballinger Park which connects to Interurban Trail o Existing parklike setting 0 260 linear feet of shared property line with Mathay Ballinger Park o Numerous and varied significant trees o Expands existing Mathay Ballinger Park by 55% o Provides additional access from east o Expands Interurban connection o Supports only Interurban Tail trailhead for miles o Zoned RS-8 = 4 houses o Permit started for proposed development Mathay Ballinger Improvements Edmonds City Council Draft Minutes November 6, 2023 Page 21 Packet Pg. 34 7.1.a o Design and permitting in 2023, construction in 2024 ■ ADA path to playground and continuing to Interurban trail ■ Restroom ■ Parking lot improvements ■ Picnic shelter and tables ■ Benches ■ Drinking fountain • City Park System o Park System gaps ■ School district facilities ■ Esperance Park (SnoCo) ■ Lake Ballinger Park 0 2022 Parks, Recreation & Open (PROS) Plan ■ Goal #3 - Parks, Trails & Open Space, objectives #3.1, 3.2 and 3.7 ■ Goal #5 -Natural Resource & Habitat Conservation, objectives #5.1, 5.3, 5.4 and 5.5 ■ Recommendation #1 - Acquisitions to Fill Park System Gaps ■ Recommendation #2 - Open Space and Conservation Acquisitions ■ Recommendation #5 - Trail Connections ■ Travel Shed Map: 1 E Z - • Wider Benefits o Interurban Trail and non- motorized transportation o Proximity to - - Mountlake Terrace (.5 mi) - Shoreline (.25 mi) - Mountlake Terrace Transit Center via trail (1.5 mi) • Funding o Capital Improvement Program (CIP) /Capital Facility Plan (CFP) Edmonds City Council Draft Minutes November 6, 2023 Page 22 Packet Pg. 35 7.1.a 2023-2028 SIX -YEAR CAPITAL IMPROVEMENT PROGRAM CAPITAL FACILITIES PLAN Costs inflated at 3% per year prnj Ncl x pARKLANDACQUISITION 2023 2024 2025 2026 2027 2028 6•Yur Total x A2 ftelaWorhood Park SE 1 S 5 1.500,000 Acqun it tm n/ oa.kWW in South Edmonds. - - - 5 1.SGSA00 - 5 5 5 2.185.500 % A3 f1e1�6omood earM 5899 5 5 1,505.000 5 tnunitinn of perkMrW in near SS 99, A<4osl�onr Ukb parnd irn 1. Parkland Acquisition Fund: $1,000,000+ 2. 2023 Snohomish County Conservation Future Program (SCCFP) Grant o Successful application -SCCFP Board o Award of 75% of acquisition and related costs up to $880,000 ■ Appraisal ■ Due diligence ■ Closing costs ■ Demolition ■ Securing site o Awaiting County Council approval in December Next Steps o Council approval of Purchase &Sale Agreement ■ $30,000 Escrow ■ Due Diligence (75 days/mid-January) - Site Survey - Phase 1 ESA (Environmental Site Assessment) o Confirmation of $880,000 grant award (December) o Property Closing (30 days/mid-Feb) o Possession of the property/securing site Councilmember Teitzel commended Ms. Feser on her excellent work, the great package, and expressed his appreciation for all the work done to put this outstanding purchase together that will double the size of Mathay Ballinger Park. He observed a portion of the Mee property extends to 76t" and asked if that was wide enough for vehicle access. Ms. Feser said it is 15' and currently used as an existing driveway for the house. In the short term, it will probably be used for maintenance and non -motorized access onto the site. She was unsure it would be used to bring cars to parking on the site initially, but if park planning determines a desire for parking on the site, that would be the access point off 76t' Councilmember Teitzel commended staff on the Snohomish County Conservation Futures (SCCF) grant to support this purchase. He asked if there were any strings attached to the grant like there were with Civic Field such as not installing artificial turf. Ms. Feser answered this is a conservation futures program so there are some limitation such as it must remain open space and no buildings can be built other than picnic shelters, play equipment, and amenities to support park open space. Councilmember Chen said he wished all the agenda items were this exciting and smooth. He commended staffs great work. With this addition, he asked if it would be advisable to rethink the location of the improvements planned in Mathay Ballinger Park such as ADA access, permanent restrooms, etc. Ms. Feser recommended continuing with what is planned for Mathay Ballinger as the pathway to/from the parking lot and the permanent restroom are necessary. The Mee property adds to the open space in Mathay Ballinger and the existing buildings need to be secured/demolished to create open space. There Edmonds City Council Draft Minutes November 6, 2023 Page 23 Packet Pg. 36 7.1.a will eventually be a public process to master plan the new property. The improvements planned for Mathay Ballinger are too far along to pause for another 3-5 years. Council President Pro Tern Olson commented it feels good to have project that does not include a bubble of dissension and that everyone in the community is thrilled about. She thanked staff for their hard work, putting this together and thanked the RCO granters at Snohomish County. She suggested emailing Snohomish County councilmembers encouraging them to approve the grant in December. This is a win - win -win and a great job done by all. She also thanked the Mee family, remarking the City is thrilled to be able to enjoy the property they have so obviously loved and nurtured over the years. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM OLSON, TO AUTHORIZE THE MAYOR TO SIGN THE PURCHASE AND SALE AGREEMENT CONDITIONAL ON ALL THE OTHER ASPECTS. MOTION CARRIED UNANIMOUSLY. 3. UTILITY RATE STUDY AND ADOPTION OF A UTILITY RATE ORDINANCE Senior Utilities Engineer Mike De Lilla introduced City Engineer Rob English and Chris Gonzalez, Principal, FCS Group. Staff is seeking council approval of the utility rate ordinance. Mr. De Lilla reviewed: • Why Are We Doing This? o City utilities are enterprise funds that need to be self-sufficient ■ Revenues need to cover costs in the long run o City utilities are built out and have substantial infrastructure replacement needs ■ 30 - 40% of City's mains have exceeded standard useful life estimates ■ Delaying needs increases operating costs and risk of failure - Main breaks - Inflow and infiltration (accelerates need for sewer treatment plant expansions) o Goal is to recover an equitable share of costs from existing/future customers ■ Delays can lead to "snowballing" needs that have adverse rate impacts ■ Debt can be used to spread costs of large projects over time - Rates should support ongoing capital projects (e.g. main replacement program) - Term of debt is limited to the expected useful life of the facilities being funded • Key Drivers of Water Rate Increases o Recent inflation (higher than long-term averages) o Increased operating costs ■ Water purchases from Alderwood WWD (8% annual increases projected from Everett) o Capital needs Capital Costs by Year (2023 — 2032) Capital Funding Strategy (2023 — 2032) $ta.o $8.0 Total: $54.5M e 0 $&0 K0 $2.0 $0.0 N N N N N N N l"7 f7 C7 N N N N N N N N N N u Ywt & Seaview Resemirs ($9.6M) ■ Main Replacements ($44.9M) Expected to increase annual debt service by = S808, 000 • Key Drivers of Stormwater Rate Increases o Recent inflation (higher than long-term averages) ■ Less funding available for main replacement program and other needs o Capital needs ■ Need to generate $2.5M in local matching funds for large stormwater projects Edmonds City Council Draft Minutes November 6, 2023 Page 24 Packet Pg. 37 7.1.a - Staff proposes setting aside matching funds from existing balances and issuing bonds to fund other capital projects Capital Costs by Year (2023 - 2032) Capital Funding Strategy (2023 - 2032) $10 0 $$ 0 Total: $37.3M u $6 0 0 $4 0 $2 0 $0 0 N N N N N N--- - N N N N N N N N N N ■ Main Replacements ($22.9M) o Other Projects ($144M) Expected to increase annual debt service by $218,000 • Key Drivers of Sewer Rate Increases o Recent inflation (higher than long-term averages) ■ Less funding available for main replacement program and other needs o Capital needs Capital Costs by Year (2023 - 20321 Capital Funding Strategy (2023 - 2032) $40.0 $35.0 $30.0 c $25.0 $20.0 $15.0 $10.0 $5.0 $0.0 N N N N N N N in f7 � N N N N N N N N N N Expected to wwrP increase annual Partners r debt service by $28.5 M r c $3.6M 22% uL nwool=PProects 28.2M Edmonds WWTP ProeCts 58.OM F Edmonds share is � 50% ■ Other City Sewer Projects ($7.2M) ■ Main Replacements ($33.9M) • Bimonthly Single Family Bill @ 14 ccf Mountlake Terraoe - $153.49 Ali $158.62 $368.03 Woodinville [1] �_ $146.16 $166.42 $347.25 Lake Stevens WAS II SQ831 $198.00 $339.91 Bothell $99.70 1337,5211 $202.22 $339.44 Monroe $101.06 1 SX4411 $184.30 $323.80 Bainbridge Island $65.28 1 $37,6711 5210.40 $313.35 Shoreline [2] L_ $133.77 $107.40 $295.99 Edmonds (Updated) Edmonds (Existing) $286.33 $261.49 Bremerton $67.52 HL3 $149.92 $260.44 Mukilteo $74.74 I M9.67 I $134.96 11 $259.37 Alderwood WWD [3] I $64.06 h2.d1 $156.94 I $243.09 Lynnwood $77.28 &M.891I $132.35 - $241.32 LA Water Rate u Stormwater Rate w Sewer Rate [1] Woodinville Water District's sewer rate includes King County's wastewater treatment rate ($104.22 bimonthly) [2] Shoreline sewer rate assuming Edmonds wastewater treatment. [3] Stormwater bill shown for Alderwood WWD assumes Snohomish County's stormwater rate ($132.54 per year) applies. • Recommendations o Adopt proposed rate increases for 2024 2026 ■ Water: 9.0% per year ■ Stormwater: 8.5% per year ■ Sewer: 10.0 - 10.5% per year Edmonds City Council Draft Minutes November 6, 2023 Page 25 Packet Pg. 38 7.1.a Water Bill $108.48 $118.19 $128.95 $140.52 $153.08 $166.94 $180.21 Stormwater Bill 46.90 50.89 55.21 59.90 65.00 66.62 68.29 Sewer Bill 106.11 117.25 129.56 14252 156.77 172.45 189.69 Total Bill $261.49 $286.33 $313.72 $342.94 $374.85 $406.01 $438.19 Change from Prior Year +$24.84 +$27.39 +$29.22 +$31.91 +$31.16 +$32.18 Percent Change from Prior Year +9.5% +9.6% +9.3% +9.3% +8.3% +7.9'/ o Monitor financial status regularly, considering adjustments as needed ■ Revisit 2027 - 2029 rate increases sometime around 2026 Councilmember Chen observed the stormwater rate increase was reduced from 13% to 8.5%. He asked what happens if those rates result in excess funds. Mr. De Lilla answered if excess funds were generated, the rates likely would not be as high in the future. Historically that has never been an issue, there have not been any rate decreases for as long as he has been with the City. The City is definitely in a maintenance phase and have a 30-year backlog of projects. Cost savings would be a numerical exercise; there are so many projects and the hope is facilities do not degrade at an even faster rate. To maintain the 1% replacement pace, there may be little extra funding, but rates would just be adjusted in the future and not have as high a rate. Councilmember Buckshnis thanked Mr. De Lilla for his very explanatory email. She asked about increasing sewer rates 10.5% in the third year and why the increase was not 10% for all three years. Mr. De Lilla answered the proposed increase is 10.5% the first year, 10.5% the second year and 10% the third year. Councilmember Buckshnis said it was her understanding the increase was 10%, 10% and 10.5%. She asked why the sewer increase could not be a flat 10% for the next three years due to the uncertainty with Lynwood's growth and the Lynnwood sewer plant as well as the with the Edmonds WWTP nutrient removal project. She referred to the projected rates for 2027-2029 and asked if another rate study would be done. Mr. De Lilla assured another rate study would be done in the future. Councilmember Buckshnis asked how those projections were made and whether it was because bonding was expected by 2026 or 2027. Mr. De Lilla answered bonding could occur as early as next year. A completely separate analysis will be done in the future; the analysis includes 20 years but focuses on the next 3 years where the data is very good, but as time goes on, the data is less accurate. The projections anticipate increases in the future, but until the rate study is done, the amounts are unknown. Councilmember Buckshnis said she was unable to tie the numbers in the CIP/CFP and the raw data other than the reservoirs. She observed the projections are examples for citizens to think about/plan for the future. Mr. De Lilla summarized there more than likely will be additional increases due to inflation and large projects that are needed. For example, it was unknown that the Yost and Seaview reservoirs were as bad as they were and required such extensive repairs which shows the importance of investing in research and due diligence and being as proactive as possible to stretch out rate increases and minimize large spikes. Councilmember Buckshnis commented the good news is Fed Chair Powell is hopeful inflation will go down. She reiterated her suggestion to have the sewer increase be 10% all 3 years to keep it simple until more information is available about Lynnwood and the needs at the Edmonds WWTP. Mr. De Lilla answered it is really early in the planning phase for both the Lynnwood treatment plant and the nutrient removal project at the Edmonds WWTP. Budgets established early on are best estimates based on available data and in the majority of cases, as more data is available, odds are prices will go up. Mr. Gonzalez explained what is driving the rate increases is the anticipated issuance of bonds and the policy assumption that the utilities maintain a combined unrestricted cash balance of 180 days of operating expenses. Given the projections at this point, a 10% increase falls short of that target. The council could decide to do a 10% increase and accept any potential rating issues with the bond rating Edmonds City Council Draft Minutes November 6, 2023 Page 26 Packet Pg. 39 7.1.a agencies when the bond issuance happens. For planning purposes, the balance has been kept at 180 days of expenses. With regard to the multiyear projections, the goal is to have rate increases be as moderate, stable and predictable as possible. That second three year period is typically included to show, a) there are no surprises around the corner and hopefully the rate increases can be comparable to the current 3-year period, and b) to highlight to the council and the public that is not an issue that will just go away. There is no action requested on the projected rates, it is just to show the near term beyond the proposed rate increase. Councilmember Buckshnis pointed out the need for council to develop a reserve policy next year. She observed the 180 day reserves are imbedded, $500,000 for storm, $750,000 for sewer, and $1 million for water. Personally, she preferred to keep the sewer rate increases at 10% per year and will make that motion after council's discussion. She wanted to be considerate of the fact that there is no policy and a policy is needed. The City has a AA rating for utility revenue bonds, she did not expect anything lower than an AA rating, and there is not that much difference between AA and AAA. She preferred to give citizens need a break with a 10% increase the next 3 years. Mr. De Lilla advised'/2% is $0.25/month. Councilmember Teitzel recalled the last time this was discussed it was indicated that fewer than 100 of the 1900 households in Edmonds avail themselves of the utility discount available to households with limited income. There seems to be a disconnect there due to the City not getting the word out to eligible households that the discount is available. In the face of 8-10% increases, the City needs to get the word out more actively. He hoped to have more discussions about that and potentially engage Human Services Program Manager Mindy Woods and others in outreach efforts. Councilmember Paine expressed appreciation for the sensitivity with how this has been developed. She referred to an email today regarding a $75,000 overrun. She cautioned against anything less than 10.5%, 10.5% and 10% increases in sewer due to unknowns regarding the City's aging infrastructure and the potential need to address problems during construction projects. She commented that doesn't happen often, but it could be a $75,000 cost overrun or something really calamitous. The City's aging infrastructure needs to be maintained the best way possible and she appreciated the use of technology improvements. Councilmember Nand pointed out the utilities webpage on the City's website has two links to Snohomish County's low income water and household water assistance program, but that website states the online application is under construction and there is no phone number to seek help. There are references to two programs in the community, one through PSE and one through crisis. She suggested greater transparency on the City's own website. When the utility bills with the higher rates are sent out, she suggested having a paper insert with clear and transparent instructions how to access assistance programs. She provided an example, when she does pro bono work in court, she sometimes sees people trying to explain to a judge why they qualify for a waiver of their filing fee and they are unable to fill out a simple mathematical form. She recently saw someone humiliated in court by a judge because they were on SSDI and couldn't complete the form which she found heartbreaking and wished she could fill out the form for them. She emphasized the need to make assistance programs as accessible as possible to seniors, people with disabilities, people who are not tech savvy and people who do not have access to technology at home. Mr. DeLilla answered the City's program is under senior service; a link needs to be added to the utilities webpage. Council President Pro Tem Olson referred to an email from someone in Edmonds with a really big sewer problem. During the same two week period, she had two friends, one in the bowl and one who lives off 76th at 171St, who both had major sewer problems at their houses. She feared that is a change and a concern in terms of the City's aging infrastructure and it seems like the wrong time to shave off a 1/2% when there are real issues. Utilities are really high on the list of priorities services to provide to the Edmonds City Council Draft Minutes November 6, 2023 Page 27 Packet Pg. 40 community and %2% is only $0.25/month. She encouraged anyone who needs assistance to seek it, but the City needs to be responsible and take care of its infrastructure. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE ORDINANCE IN THE PACKET. MOTION CARRIED (6-1), COUNCILMEMBER BUCKSHNIS VOTING NO. 4. 2023 BUDGET AMENDMENT RELATED TO ARPA This item was postponed to a future meeting. 5. LANDMARK PROPERTY ACQUISITION Councilmember Teitzel commented this is a difficulty and visible issue and if it were a different time, he might have a different mindset. He explained on June 27, 2023 when the council approved pursuing the potential purchase of the 10 acre Burlington Coat Factory property, now called the Landmark property he was the swing vote that night, voting in favor of pursuing it because he perceived it to be fairly low risk, requiring only a $100,000 refundable deposit that could be returned if the City backed out by December 31, 2023. He was not aware of the extent of the expense and the risk of this potential purchase, expenses such as legal costs, the city attorney has spent quite a bit of time on this; real estate experts; land use consultants; and a lot of staff time by three directors. As indicated earlier during discussion on the resolution regarding the City's financial situation, the City is in a fiscal crisis now, the run rate of expenses exceed revenues fairly substantially and will continue unless strong actions are taken. He was prepared to make two motions. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DIRECT THE CITY ATTORNEY TO DRAFT AND BRING TO THE COUNCIL FOR ACTION A RESOLUTION EXPRESSING THE COUNCIL'S INTENT NOT TO EXECUTE THE ADDENDUM CONTEMPLATED IN SECTION 4A OF THE OPTION AGREEMENT FOR THE LANDMARK PROPERTY, RECOGNIZING THAT NOT EXECUTING SUCH ADDENDUM WILL RESULT IN THE AUTOMATIC TERMINATION OF THE OPTION AGREEMENT AND THE REFUND FROM THE SELLER OF THE CITY'S DEPOSIT OF $100,000. Mayor Pro Tern Tibbott commented he was open to resolutions like this from the council, however, he also knew that City staff has been working on this and have a community outreach scheduled to gather more information. He asked staff to speak to the input they expect to receive and how that that might speak to the potential resolution. Planning & Development Director Susan McLaughlin responded the first community meeting was held October 21 in response to direction by council in the decision to authorize the option to purchase and explore what is possible on the site and engage the community in that conversation. Over 60 people attended that meeting; the feedback from that meeting was intended to inform and has begun to inform the site planning options that will be shared with the community on November 18. At the November 18 meeting, attendees will see how their comments shaped some of the design options and provide an opportunity feedback on the design options. As discussed at the October 21 meeting, those with opposing views are welcome to attend those meetings as well. Comment cards will be shared with council in early December per the previously agreed upon schedule. Councilmember Teitzel read the following into the record: We are in a fiscal emergency in 2023 and will continue to be in 2024 without strong actions now. The Administration and Council have a duty to be responsible stewards of taxpayer funds and need to act to enhance revenues and control expenses to deliver the services our constituents expect. We have all heard they have these expectations: great public safety, more and better sidewalks, streets in good repair, more parks and open space within comfortable walking distance for all residents, excellent fire/EMS services, Edmonds City Council Draft Minutes November 6, 2023 Page 28 Packet Pg. 41 7.1.a responsive government, etc. In other words, they expect us to deliver the basics and do them well. Especially in times of a stressed city budget, we need to get back to the basics. While imagining a range of potential uses for the Landmark property can be exciting, the $37 million purchase price (not to mention future development costs) —coupled with the high cost in 2023 and 2024 of pursuing the purchase as well as the significant investment in staff time —is simply not a prudent use of taxpayer resources at this time. Further, it is clear our residents desire more parks and open space well distributed in areas that currently have little of this space. A large parcel of this nature at the very southern border of Edmonds that isn't within walking distance for most S.E. Edmonds residents does not satisfy the need for well -distributed parks and open space, and such a large investment in a single parcel can reduce available funding for well -distributed amenities. It should also be noted that, should Edmonds decline to pursue purchase of the Landmark site, all new revenues associated with standard development of the site will flow to Edmonds, such as: Traffic Impact Fees, Park Impact Fees, Real Estate Excise Taxes, sales taxes, etc. These fees and taxes could well run into the millions in new city revenue —revenue that can be used to invest directly in new sidewalks, parks and other amenities for S.E. Edmonds. In addition, Council should keep firmly in mind other very significant city expenditures are on the near - term horizon in 2024. For instance, when WSDOT obtains title to the Unocal property at the Edmonds Marsh, the city must determine whether to exercise its first right to purchase that 20 acre parcel for inclusion in high priority efforts to restore the Marsh for salmon, birds and wildlife. While WSDOT has not yet set a sales price, it can safely be assumed the price will be in the many millions of dollars. A $37 million investment in the Landmark property may render purchase of the Unocal property very problematic for the city. Especially at this time of financial stress for the city, now is not the time for Edmonds to be engaging in financially risky real estate speculation. I strongly encourage my fellow fiscal conservatives on Council to support my motion. Councilmember Nand expressed her opposition to the motion because she felt it was quite premature. There has been a lot of discussion about the potential tax revenue production capabilities of this property, but she did not think southeast Edmonds and the Highway 99 corridor should not be regarded as just an income producing part of town. That part of town also has population density, a wide range of socioeconomic and ethnically various community members who deserve investment in their part of town. Significant discussions are already underway with members of the Snohomish County Council and the State delegations so if the council votes tonight to kill this project, all that effort will have been for naught. She compare the Landmark property to the Civic Playfield, a project that took 8 years, cost over $13 million, included nonprofit investment and grant investment from various levels of government, and incredible vision of leadership. Councilmember Nand was saddened that when people look at southeast Edmonds, they do not see the possibility for that sort of public space, beautification and support of a community identity; they think it would be better served as a highest and best use, something like an Amazon fulfillment center. There are plenty of industrial and very dense housing projects underway in the Highway 99 community that will generate incredible amounts of property tax income, park impact fees, etc. to support the City's budget. It would be lacking in grace to add all that density and industrial development to that part of town without also offering public investment into quality of life and livability for the community there. She believed the council could work collaboratively with the administration to answer some of the budget challenges due to inflation and other issues related to the pandemic. This is a once in generation opportunity and if Edmonds City Council Draft Minutes November 6, 2023 Page 29 Packet Pg. 42 7.1.a the council does not decide to take leadership on a private -public partnerships, it will be an incredible missed opportunity and a huge disappointment. She encouraged the council not kill this project tonight. Councilmember Paine agreed the motion was premature as the council did not have all the information they have asked for and only some idea about the potential. The packet contains a preview of the presentation given to the planning board; planning board members asked a lot of good questions and there is another community meeting coming up. Southeast Edmonds has always been an area that has been happily neglected, but it has been an economic powerhouse for the City. It would not be fair to have development occur on that site with transportation impact fees or park impact fees go anywhere but that area. This is a way for the City to look at and control how development happens. The council does not have information showing the potential. This is a 10 acre parcel at a cost of $85/square foot that normally sells at $120 square foot. She did not want to have the project killed right now; she wanted the information so the council can make smart decisions regarding partnerships, grant possibilities and other sorts of ways and manners. She looked forward to staff providing a presentation to council in December; this is something that deserves better and more fulfilling discussions in the community and on dais. Councilmember Chen commented the original plan was to wait until mid -December to get information before the council made a decision. He asked how much money had been spent on this project to date and how much more money it would take to get the answers that are needed by mid -December. Community, Culture & Economic Development Director Todd Tatum said to answer the question of whether he had an accounting of the entirety of funds spent so far, he could attempt to do math in public based on what he thinks. Councilmember Chen asked for a rough estimate, observing even without council approval of the $250,000 request, work is being done, consultants hired, etc. He asked for an estimate of how much money has been spent on this to date. Mr. Tatum offered to answer in a couple different ways; $16,000- ish for communications and $14,000 for negotiations on the option. Ms. McLaughlin said the bulk of the cost is to engage the community and then translate that hopefully substantial feedback into design options for the site. The design consultant, who done public -private partnerships across the region, has been informing the design as well as the strategy related to how to package a desirable design to solicit a development partner. That falls under the mayor's $100,000 authorization for consultant funding. Mr. Tatum envisioned a couple thousand dollars in the next couple weeks for the next community meeting and finalizing the graphics so not a tremendous amount between now and November 18. He stressed it takes time to raise money for a project like this. There wasn't a project when the council approved proceeding in June. Funding in the range of $50,000-$75,000 has already been secured from outside the City to supplement City funds, but no grants have been applied for. He envisioned there were hundreds of thousands of dollars in grants that could be brought into this process. With regard to how much money it will take; if the council voted yes to continue the option into 2024, he was not saying there wouldn't be staff time or dollars spent, but significant less than has been spent so far. City staff time will be tremendously augmented by a private partner's staff who will bring lawyers, environmental consultants, master planners, and will do design and permits. Mr. Tatum continued, with regard to whether staff time will continue to be devoted if the council approves proceeding with the option, the answer is yes. He will spend money on something similar because the comprehensive plan tells him to do things like this, to find projects with partners, that build community, compel development in character with Edmonds in places that haven't had it. He will go about his job trying to do things like this because the comprehensive plan tells him to do so. If the council votes this down, this property will be purchased and as has been seen with development along Highway 99, staff will spend time on the developments regardless of whether the City is the lead in the partnership or passive participants in the process. That could be time spent on an Amazon warehouse, a fully built out 1,000 unit project with no public space, or something better than can be imagined. Edmonds City Council Draft Minutes November 6, 2023 Page 30 Packet Pg. 43 7.1.a Councilmember Chen relayed his understanding of staff s response was that all the funds that have been spent are under the mayor's $100,000 spending authority. Councilmember Buckshnis said she is bothered by the $37 million being untested in the market, an amount that would fund the police department for 3 years, a ridiculous amount for the City to gamble in an untested market. She assured this property would not be sold for $37million. The property should be put on the market; the City is not the same as the Port who deals with development. Developments like this should take years to come fruition, not just from June to December. This is gambling money away, spending the time of three very highly educated and highly paid directors to work on this project. Citizens are angry the City is wasting time when they should be working on the comprehensive plan, the EIS, etc. The City's comprehensive plan does not say go out and buy property like this; the comprehensive plan talks about keeping the basic environment, zoning, and land use the same. She was unsure what the updated comprehensive plan would say, but the existing comprehensive plan did not say spend $37 million to purchase property. She pointed out the $37 million would only be the purchase price and did not include design, razing the property, etc. She questioned what would happen to the current tenants on that property. She concluded the City did not have the bandwidth or the money to do something like the Landmark property now. The council should let it go and maybe next year, Snohomish County or Shoreline will pick it up and the City can partner with them. She expressed support for Councilmember Teitzel's motion. To Councilmembers Buckshnis and Teitzel's comments about $37 million, Mr. Tatum said if at the end of the process staff tells the council they should spend $37 million on the City's portion of the property, he would encourage the council to vote no. He did not think the City should spend $37 million on this property or that the City's investment in this property would be close to $37 million. He did not think staff had been allowed to get to the point where they could say what the amount is although he assured it would be significant less. For not a giant proportional investment compared to what has already been put into this project, once a partner is on board, there will be an understanding of what the City's investment in the property will be, test whether $37 million is an appropriate price and know for sure what the City is giving up is the right answer, whether the City is foregoing a $7 million investment to get a 2-acre park, a community center and a bunch of public amenities and great retail and ultimately property and retail sales tax. Mr. Tatum recognized he was probably coming off as a bit animated, but assured he was not committed to making this project happen, he was committed to getting the right answers so the council makes an informed decision. The process is not at the point where staff can give council the right answers to make an informed decision. Councilmember Teitzel relayed when he attended the Economic Development Commission's open house at the site 1-2 months ago, he talked to two moms who live down the hill on the east side of the site. They both said they love to go to Mathay Ballinger Park, but they need sidewalks because they have to walk in the street which is dangerous. He clarified he never intended to say if the property was sold to a developer that any fees and taxes would be used in other places in Edmonds and to treat the site like a cash machine. He reread what he said, It should also be noted that, should Edmonds decline to pursue purchase of the Landmark site, all new revenues associated with standard development of the site will flow to Edmonds, such as: Traffic Impact Fees, Park Impact Fees, Real Estate Excise Taxes, sales taxes, etc. These fees and taxes could well run into the millions in new city revenue —revenue that can be used to invest directly in new sidewalks, parks and other amenities for S.E. Edmonds. Councilmember Teitzel continued, the council approved the purchase of the Mee property in southeast Edmonds; there will be other opportunities like that in the future. Revenue associated with development of the site would provide resources to act on those opportunities when they arise to deliver more to that Edmonds City Council Draft Minutes November 6, 2023 Page 31 Packet Pg. 44 7.1.a area of the City. He strongly believed now was the right time to walk away; the City is not in great financial shape and won't be next year and maybe even the year after. There are significant problems that need to be fixed and even if the price was $10-$15 million, the City simply does not have the money. He urged council to support the motion. Council President Pro Tem Olson said this is the most ambitious capital investment project the City has ever considered. She was not saying there had never been others or that there won't be others in the future. However, this is a different scale. She appreciated the economies of scale and the opportunity to work with partners and how that makes the City's portion proportionately less than it would be for an independent project. She was not saying that this wasn't a concept or even a plan that the City might ever entertain, but it is cart before the horse. As an example, there has been a lot of time spent talking about this property and very little time this year talking about the comprehensive plan. If time was being spent on the comprehensive plan and focusing attentions there, this might be a product out of the comprehensive plan, a community vision to create something and the long range financial planning. Council President Pro Tem Olson recalled a resident who talked about how the projects in the CIP/CFP become part of the budget over time. If the comprehensive plan indicated a desire for a community center, aquatic center etc., none of those are in the CIP/CFP. That all needs to be balanced out and fleshed out and what comes out on the other side are the residents' priorities and then find the right place to do it. Perhaps when all that is figure out and the City's finances get figured out, that property or another property will be available. There has been benefit to the City and the property owner, and potentially through these efforts and the excitement about what can happen at the gateway there will be opportunity to make great things happen there without the City being the underlying force to fund, cheerlead and lead it. Council President Pro Tem Olson said she has spoken about some specific ideas she thinks would be great community amenities at that location such as an Ikea or arena sports and the footprint of those entities is 3.5 acres plus parking. She suggested putting feelers out and encouraging people with connections to pursue the property. She summarized the City needs to be out of the business of leading this project and not be on the hook financially to make it happen. Council President Pro Tem Olson said she attended the community engagement and there were definitely people in attendance who had a lot of enthusiasm for the specific project and the specific location, but that was only about 10% of people and at least half of the people were from the neighborhood. She got the same feedback other councilmembers received about wanting the council to pay attention and invest in the area, but not necessarily asking for this project, not being thoroughly excited about increased traffic on the side streets in that area, having concerns about the flooding they are already experiencing and how more development would affect that. Where parks and open space is really needed and where she hoped Parks will focus in the coming year is the neighborhood immediately west of Highway 99 which does not have a walkable park a mile in each direction. She appreciated the memo Councilmember Teitzel provided, and although she had no part in writing it, it resonated with her and she could have written it herself because she felt 100% the same. She hoped the council voted tonight so the spending on this project stops and starts focusing on encouraging private entities to make something happen there. Ms. McLaughlin responded to reoccurring themes in Council President Pro Tem Olson and Councilmember Buckshnis' comments regarding the policy framework. She echoed Mr. Tatum's comments that staff is mission driven and offered to provide the policy framework in the PROS plan and the economic development element of the existing comprehensive plan that justify what staff is doing. They talk about using public -private partnerships to achieve public spaces and civic uses. It is challenging for a City like Edmonds to establish new uses in a part of town that has been completely underinvested in likely for decades. The City does not have a great track record on Highway 99 for encouraging tax Edmonds City Council Draft Minutes November 6, 2023 Page 32 Packet Pg. 45 7.1.a generating uses. The development anticipated in the subarea plan is not occurring; a lot of projects have come and gone and have not be delivered. In looking at the City's budget concerns, it is important to recognize the trajectory for getting projects built is pretty low right now and the climate for development is also fairly low. Thinking about building sidewalks and enable positive growth on the southern end of the corridor is what the subarea plan envisioned, for this to be a gateway and a place where community members can gather. She offered to provide the policy framework at a future meeting. Ms. McLaughlin assured the comprehensive plan has not skipped a beat. If councilmembers have question about how staff is managing their existing workload, she invited inquiries. The comprehensive plan has been to the planning board a few times, there is a joint meeting with the EDC on Wednesday, neighborhood meetings are starting and it is completely on schedule. Mayor Pro Tern Tibbott asked when staff could bring the results of the outreach and potential for partnerships to the council. Mr. Tatum said the original work plan included a briefing on November 28 and a decision on December 5, but it could be done a little earlier. Councilmember Chen referred to the fundamental questions about what is need in southeast Edmonds. The council has heard time and time again and the reality is there are public safety concerns and a desire for a police substation and a community center. Before today's council meeting, the consultant described three different design possibilities. What he walked away from that with was three styles of housing development and none of the community needs surfaced in those concepts which was concerning to him. There is already a lot of housing development on Highway 99 and 10 acres of concentrated housing development is not what the community needs for the moment or in the years to come. Ms. McLaughlin emphasized the civic uses are a fixed constant in the three options reviewed with the advisory committee today. Staff wouldn't be engaged in this exercise if the community didn't get something out of it and ideally the top three that have been identified in the community poll, previous planning exercises and neighborhood meetings are police annex, community center, and gathering places. The most important thing to determine at this stage is the base square footage needed for those civic uses so the consultant can factor that footprint into the development options and start determining a proportion of civic versus private investment. At the end of the exercise and by December 5, there can be some level of determination regarding the proportion of the City's investment, not a dollar amount, but a proportion. That will still be negotiable until 2025 when the City would close on the property. Over that 1'/z years, the City would do robust due diligence, ideally with a development partner on hand, so the City would not bear all the costs. She emphasized housing was a critical component of this 10 acre development due to the desire to build a community, have thriving retail, and activate community and public spaces. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND FOR 15 MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember Buckshnis described why Ordinance 4079 had to be repealed. The City of Edmonds has not been doing what they need to do with regard to design standards and codes, everything that developers need to develop including that the information in the EIS was not complete. She said all the shiny stuff is wonderful, but the fact of the matter is development is not occurring because the City does not have good codes or design standards in place, a problem that has existed for a long time. She expressed concern with spending money the City cannot afford on the Landmark property. Even if the price was $10 million, the City cannot afford it. It would be great if money grew on trees, but it doesn't. The council needs to step away, allow the property owner to put the property on the market and see if someone buys it. Councilmember Buckshnis continued, during her research on repealing Ordinance 4079, she talked to a lot of developers, consultants and architects, who said that is a very bad site and they did not believe it Edmonds City Council Draft Minutes November 6, 2023 Page 33 Packet Pg. 46 7.1.a would sell for even $10 million. She preferred to test the market to see what it would sell for and embark on a 1-2 year long process. Too much time is being spent on this project when the City's code has yet to be cleaned up which the council has been requesting for a long time. She questioned why staff was continuing this process when the City does not even have $5 million to invest in this property. Councilmember Teitzel referred to an image Ms. Feser provided with available park space on the west side of Highway 99 in south Edmonds that shows it's a wasteland with not much there. The City needs to obtain park and open space for those residents within comfortable walking distance from their homes; that is what residents are saying they want, not a 10 acre site at the very southern border of the Edmonds. At a different time he might be excited about this property, but tonight a majority of council voted that there is a fiscal emergency. When there is a fiscal emergency, strong actions are needed to turn that around and if not, the City will be in deep trouble next year which will mean layoffs. The City needs to change course and this is the first step. He urged the council to support the motion. Councilmember Nand reiterate this is quite premature. She found it an interesting contrast that earlier tonight councilmembers thanked the Mee family for coming to City first and wanting to dedicate their property toward future use and future generations. This property owner also came to the City first and wanted to dedicate their property to future use and future generations, but the reception has been quite different. No one is asking council to sign a $30 million check to the property owner today or to sign on with a developer; the intent now is fact finding and determining if there are feasible partners and gaining a better understanding of this once in a lifetime opportunity. When one looks at a City like Edmonds and skyrocketing real estate prices, she envisioned without adequate exploration, future councils will question why the council passed on this opportunity. It simply isn't known whether this is a good deal or what potential private partners there could be. There has been interest from other public entities' community development funds. Councilmember Nand continued it would be incredibly premature to shut this down now. Highest and best use could have been considered for the Mee property; it could be developed with a fourplex which would generate park and traffic impact fees that could have been used elsewhere. She could have made that argument about Civic Playfield; why not put 500 units on that property and use all that money for something else in the future. This is not even at a final decision point, the intent is just gathering information. Killing this project is premature and the arguments are getting tired because highest and best use can be argued for any property in the City. She could make that argument for Unocal; there should be high rise luxury townhouses on that property and take all that money and do great stuff for the environment. Councilmember Nand was concerned these arguments were being applied to a part of the community that has been underinvested in and underserved. There can't even be a responsible discussion about the facts on the ground and due diligence because of the level of intransigence. She lives in this part of town and has spoken to her neighbors about this project; a lot of people who live in the small apartments who may not necessarily have cars are really excited by the idea of having safe places to walk their children like a community center, library, or something geared toward children. There is nothing on Highway 99 geared toward children, nothing comparable to what is seen in Edmonds' historic downtown business district. Killing this project tonight would be tragic and premature. Mayor Pro Tern Tibbott reminded the motion is to direct the city attorney to prepare a resolution, not to kill the project. Councilmember Chen asked the proper procedure to table until December 5. City Attorney Jeff Taraday answered there are several different motions that can be used to delay action on a pending motion Edmonds City Council Draft Minutes November 6, 2023 Page 34 Packet Pg. 47 including a motion to table which is not debatable or amendable or a motion to postpone indefinitely which is debatable. As Councilmember Chen began to make a motion to table, Councilmember Buckshnis raised a point of order whether it was appropriate to make a motion to table when there was already a motion. Mr. Taraday advised a motion to table can be raised at any time a motion is pending; it is intended to table the pending motion. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER PAINE, TO POSTPONE TO DECEMBER 5. Councilmember Buckshnis raised a point of order, advising there is a motion on the floor. Mr. Taraday advised a motion to postpone or table would be in order at this time. Any time a motion is pending, there can be a motion to defer action on the pending motion. Mayor Pro Tern Tibbott asked if a tabled item could be brought back on the agenda. Mr. Taraday explained the motion was to postpone to a certain date. Councilmember Chen commented at this point staff time and consultant fees have been invested and there has been public input. By December 5, staff will have additional information for the council to use in making a decision. Between now and December 5 is about one month. The council is not bound to the purchase and sale agreement or committing $37 million at this time. He has talked to people on the trail, at the dog park, etc. and there are mixed reactions. He wanted to give staff additional time to provide information so council makes a decision based on the study, input and research that has been done versus just emotionally making an arbitrary decision. Councilmember Buckshnis did not support the motion to postpone. This is not an arbitrary decision; what's happening is some councilmembers are very fiscally minded and object to spending directors' time, directors whose combined salary is over $500,000, in addition to consultants and the city attorney when the City does not have the money to purchase the property or participate in a partnership and it should have been a longer term project. She has seen cities work on projects that take much longer than six months. She urged the council to consider the cost of staff time and resources and consultant time that will continue for the next month as well as consider what is happening with other projects like updating the code, design standards, comprehensive plan, CARA, etc. Council President Pro Tem Olson did not support the motion. She can make a decision now and refutes anyone saying that is based on emotion and not substance. She has been looking at this very closely for a long time. To the councilmember who compared this to the enthusiasm for the Mee property, the community does not have overwhelming excitement for the Landmark property. With a property this time consuming and this expensive, there should be community support. At another time when priorities in existing plans have been moved forward, there could be a groundswell and excitement in the community. She was very concerned with the City spending this much time, money and effort when the community was not excited about the property. She urged the council to vote against postponing the motion. Councilmember Paine expressed support for the motion to postpone to December 5. She acknowledged comments from community members have been mixed, but some are excited to learn more about the opportunity and potential on the site. This is something interesting and deserves to be fully explored by council. She felt it was premature to get rid of this work plan when staff is continuing work on the planning process. She was willing to give staff more time to develop information. Councilmember Nand commented this motion is timely and with this timeline, council still has the opportunity to back out of this deal before option has to be exercised. This provides time for the council Edmonds City Council Draft Minutes November 6, 2023 Page 35 Packet Pg. 48 7.1.a and the administration to gather information from the community and make a responsible decision. She wanted to have all the information available; the council owes it to the community and this property owner who gave the City an incredible opportunity by not shopping the property around to get the best deal and dedicating it to public use if it is feasible for the City and future partners. She summarized she support the motion. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS CHEN, PAINE AND NAND AND MAYOR PRO TEM TIBBOTT VOTING YES; COUNCILMEMBERS TEITZEL AND BUCKSHNIS AND COUNCIL PRESIDENT PRO TEM OLSON VOTING NO. 11. MAYOR'S COMMENTS 12. COUNCIL COMMENTS COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND FOR 5 MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember Paine commented it was a delight to meet the Hekinan delegation and she hoped they had a marvelous time. Tomorrow is election day and she hoped everyone had turned in their ballots. As the councilmember responsible for the infamous idea of sharing a climate action manager with other jurisdictions, Councilmember Nand spoke in defense of the idea. Some neighboring jurisdictions such as Mountlake Terrace and Lynnwood do not have climate action plans and do not prioritize funding a climate action manager. However, by using the State Department of Commerce's grant funding, instead of each individual jurisdiction basically reinventing the wheel, they could start to implement some of the norms, education, and outreach to not just Edmonds' population of 43,000 but potentially the combined population of Lynnwood, Mountlake Terrace and Edmonds of over 100,000 and hopefully begin to influence behaviors. Councilmember Chen emphasized tomorrow is election day. It is a very important day and there is no council meeting tomorrow. Mayor Pro Tern Tibbott reported there will be a presentation from Police Chief Bennett next week regarding red light cameras. A public hearing regarding red light cameras will follow the presentation. Council President Pro Tern Olson commented the public hearing on red light cameras is not a mandatory public hearing, the council just wanted to give the public an additional opportunity to weigh in on the issue, separate from audience comments. She thanked everyone who has served in the armed forces and announced the Veterans Day celebration this weekend at the Veterans Plaza on Saturday, November 11 at 1 p.m. In addition to appreciating all those who have served in the armed forces, there will be a dedication of benches to the late Jim Traner who was so instrumental in making the Veterans Plaza happen as well as Ron Clyborne who also did incredible things to make the Veterans Plaza possible Councilmember Teitzel recalled in September the council sent a letter to Governor Inslee asking to meet with him about the Edmonds Marsh. The governor is willing to meet but unfortunately is too busy in November and suggested meeting with his regional outreach representative for Snohomish County. Councilmember Buckshnis, Dr. Scordino and he will be meeting with that individual on November 16 to explore restoration potential and how ownership of that site may factor into restoration. Councilmember Buckshnis thanked everyone who has called and emailed her about the climate action plan. She reiterated the CAP is inadequate, it is only GHG centric and as Greg Ferguson mentioned, adaptation needs to be incorporated in the CAP. She hoped the CAP would be pulled off the shelf and Edmonds City Council Draft Minutes November 6, 2023 Page 36 Packet Pg. 49 7.1.a someone starts working on that as well as implementation. She has spoken about the plan with Dr. Nick Maxwell, a planning board member, who recently received a degree in this area who mentioned a website, Rewiring America, that has a lot of good information. Her issue with hiring a climate action plan manager is the City does not have an adequate CAP and will have a $5,000 Department of Commerce grant available in June simply by applying. She recommended postponing hiring that position due to the City's fiscal emergency. 13. ADJOURNMENT With no further business, the council meeting was adjourned at 10:20 p.m. Edmonds City Council Draft Minutes November 6, 2023 Page 37 Packet Pg. 50 7.2 City Council Agenda Item Meeting Date: 11/21/2023 Approval of Special Meeting Minutes November 14, 2023 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 20231114 Special Meeting Packet Pg. 51 7.2.a EDMONDS CITY COUNCIL SPECIAL MEETING MINUTES DRAFT MINUTES November 14, 2023 ELECTED OFFICIALS PRESENT Neil Tibbott, Council President Vivian Olson, Councilmember Will Chen, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember ELECTED OFFICIALS ABSENT Mike Nelson, Mayor 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Michelle Bennett, Police Chief Rod Sniffen, Assistant Police Chief Dave Machado, Commander Oscar Antillon, Public Works Director Angie Feser, Parks, Rec., & Human Serv. Dir. Dave Turley, Administrative Services Director Rob English, City Engineer Shannon Burley, Deputy Parks, Rec., & Human Serv. Dir. Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The special Edmonds City Council meeting was called to order at 6 p.m. by Mayor Pro Tern Tibbott in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. 2. LAND ACKNOWLEDGEMENT Councilmember Chen 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 TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. RECEIVED FOR FILING Edmonds City Council Draft Minutes November 14, 2023 Page 1 Packet Pg. 52 7.2.a 1. WRITTEN PUBLIC COMMENTS 2. PUBLIC WORKS UPDATE 3RD QUARTER 2023 6. AUDIENCE COMMENTS Peter Moon, Edmonds, a resident on Olympic View Drive, thanked the city council, mayor and engineering department for listening to their concerns about speeding on Olympic View Dive. The situation was studied and action is being taken to install four speed tables in the near future which will, 1) improve public safety for pedestrian, cyclists and residents on Olympic View Drive (all his neighbors are in favor); 2) result in a reduction in traffic speeds, and 3) potentially reduce the overall traffic volumes because it will no longer be the fast backdoor in/out of Edmonds. He assured there will be complaints because people do not like change. He suggested being prepared for those complaints by having an online form for people to provide their contact information, a description of their complaint, and the reason for the complaint so that the people complaining are held accountable and it is reasonable to listen to all comments pro and con. He thanked the City for taking their concerns seriously, studying the matter and taking action which will benefit the community as a whole. Greg Goodman, Edmonds, Mr. Moon's neighbor, thanked the council and staff for listening to them, analyzing the data and recognizing there was a hazard. He acknowledged not everyone would like the calming tables, but he anticipated they would get over it. For the councilmembers who are moving on, he thanked them for their service. He recognized traffic is an issue all over City, commenting on an issue he experienced yesterday at the 4-way stop at the fountain on 5' & Main. He suggested doing something there like a signal because currently drivers don't stop and pedestrians crisscross across the street. 7. CONSENT AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM OLSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda item approved is as follows: AUTHORIZING VACATION ACCRUAL FOR A CAPITAL PROJECTS MANAGER CANDIDATE 8. COUNCIL BUSINESS 1. RED LIGHT CAMERA PRESENTATION Police Chief Michelle Bennett introduced Assistant Police Chief Rod Sniffen and Commander Dave Machado and advised there is a Verra Mobility representative available virtually to answer technical questions related to the system. She explained the presentation is designed to address some misconceptions and clarify why red light cameras are proposed. She reviewed: • Decision package 7 o The proposed red-light cameras enforcement system (assuming approval and agreement modification) will take several months into 2024 to engineer, install and incorporate into the eco-system we are currently designing for school zone cameras o For 2024, best case scenario is having them operational by May, so for the remaining eight months of the year they would be functional ■ For 2025 and beyond, they would be operational year-round ■ There is a 30-day warning period o In justification section: 3-5 red light camera intersections proposed as a pilot program • Comparable data o The intersections suggested are the highest volume intersection related accidents. Edmonds City Council Draft Minutes November 14, 2023 Page 2 Packet Pg. 53 o The cities of Lynnwood and Lake Forest Park have red-light cameras, many other agencies (Everett, Bothell) are also looking at them. o The city of Lynnwood is a relevant comparable city 0 2022 Annual Automated Traffic Safety Camera Report Lynnwood Police Department Per RCW 46.63.170 cities using automated traffic safety cameras must post an annual report of the number of traffic accidents that occurred at each location where an automated traffic safety camera is located. as well as the number of notices of infraction issued for each camera on the City s websile. The below data comprises the number of accidents and citations issued at each respective intersection and school zone where traffic safety cameras are deployed. Intersection Number of citations 'Number of Accidents 361h 1196th St S.W. 6,070 3 "I" I Aid. Mall Blvd. 3,514 8(") 441h 1196ih St S.W. 0 - Under Construction. 6 184111 Aid. Mall Pkwy 4,728 6 1961h 1 Ald. Mall Pkwy 14,163 2 Maple I Ald, Mall Pkwy 1,900 3 1961h 1 Hwy 99 2,834 5 "in / 2001h St S.W. 5,063 8 " Hwy 9912001h St S.W. 1,164 3 School Zone Number of Citations Number of Accidents 18200.18800 BILK 44th Ave West 4,175 1 5500 - 6600 BLK 168th St S.W. 2,660 4 -numoef or "ccoenu reporteo renew connions occumng wmmn me nrerseccbn. • Red light camera accident reductions Lynnwood Red Light Camera Collisions �w o In 10 years, 114% decrease in actions. Although there was a small upward trend in the last 2- 3 years minor, there has been a significant reduction in accidents. • Edmonds Proposed Pilot red light cameras program: Collision data o Data for the intersections from 2020-2022 was collected o These intersections were considered based off collision data, as well as with input from the officers who investigate collisions the most o Officers also considered their observations of high pedestrian areas and areas of citizen complaints Commander Machado provided anecdotal evidence of what he sees while on patrol on a daily basis, all hours of the day as his shifts fluctuate between days and graveyard hours. He assured if he left the station now and made his way to 220' & Highway 99 going through a number of these intersections, as someone who tends to observe and in spite of being in a police car, in uniform and performing the function of Edmonds City Council Draft Minutes November 14, 2023 Page 3 Packet Pg. 54 7.2.a traffic enforcement, he would likely see violations of this type at each intersection. As to why he doesn't do something about it, he explained the function of traffic enforcement and the ability to observe red-light violations are two different things. For example, if he is 1-2 cars back at the intersection of 84' & 220' he may see a violation, a near miss, which is often overlooked in the aggregate of the danger margin. When he is 1-2 cars back, he likely would be unable to do anything about the red-light violator due to the speed, transition to the intersection and ability to get into a position to do something. State law requires to enforce that infraction, he or one of his partners must see it happen. For example, if Assistant Chief Sniffen was at the other side of the intersection, he could tell him and he could intervene. In the big scheme of things, it is a relatively high labor function to intervene and create a safety margin to deal with one motorist doing a red light violation. Commander Machado explained the police's function is safety so when they can, they make an effort to intervene. The difference between face-to-face intervention and technology -based intervention is dramatic. A technology intervention as it relates to modifying human behavior as a driver approaches the dangerous process of arriving at an intersection is an opportunity to leverage the safety parameter. From the human performance and human behavior, it is usually mostly human behavior because when a driver sees a yellow light, they are supposed to slow down, analyze the circumstances and proceed with caution, that is generally the most risky behavior. Chief Bennett continued her presentation • Accidents: Three years of data 2020-2022 in proposed intersections o Intersections were researched based on traffic volumes and high numbers of accidents Location and Accident Data: Car Volume per day 0 220t' & Highway 99: 10 accidents, 20,000 cars/day 0 220' & 76'h: 13 accidents, 12,000 cars/day 0 212t' & 76'a': 15 accidents, 6,000 cars/day o Highway 104 & 100': 6 accidents, 13,000 cars/day 0 238' & Highway 99: 4 accidents, 20,000 cars/day 0 228' & Highway 99: 2 accidents, 16,000 cars/day Accident data for above accidents was reviewed by Chief Bennett and Sergeant Strum Chief Bennett explained her friends own a driving school; they show a video that asks how many accidents are okay. For her, any accident should be prevented, the target is zero. The way she looks at the data, the intersection with 15 accidents in a 3-year period, that is 15 too many and illustrates there is a problem at that intersection. She noted the accidents are ones that actually resulted in cars crashing, it does not include near misses or issues with that type of driving behavior. The number one complaint the police department receives is speeding and cars driving recklessly. It is not unusual that the police department would try to address this behavior since it is the number one complaint. With the police department's limited resources, they do in -person traffic enforcement, but in addition to being short staffed, they cannot be everywhere because the City is large geographically and there are 16,000-20,000 cars on Highway 99 per day. A lot of those drivers don't live in Edmonds, but they still use the roadways and their driving behaviors potentially putting drivers at risk. Assistant Chief Rod Sniffen explained Verra Mobility is the contractor the City is using for the school zone camera project. They are well known and do this work throughout the country including many systems in Washington State. He displayed a sample of the analysis performed by Verra Mobility that the RCW requires before installing red-light cameras. Their analysis looks at traffic volumes, topography, and many other factors that go into an algorithm that determines an SLS factor that rates intersections for automated enforcement. He reviewed: • Highest rating per Verra Mobility (combined with accidents and average per day car volume) Edmonds City Council Draft Minutes November 14, 2023 Page 4 Packet Pg. 55 7.2.a 0 220t' & Highway 99: 5.3 (10 accidents) 20,000 cars/day 0 238t1' & Highway 99, southbound: 4.72 (4 accidents) 20,000 cars/day 0 228t' & Highway 99: 4.05 (2 accidents) 16,000 cars/day 0 212t' & 761'' Northbound: 4.08 (15 accidents) 6,000 cars/day 0 212' & 76t' Westbound: 4.06 (15 accidents) 6,000 cars/day 0 212t' & 76t' Eastbound: 3.99 (15 accidents) 6,000 cars/day 0 238' & Highway 99, Northbound: 3.91 (4 accidents) 16,000 cars/day o Highway 104 & 100t'' Southbound: 3.5 (6 accidents) 13,000 cars/day o Highway 104 & 100t1i Northbound: 3.42 (6 accidents) 13,000 cars/day o Highway 104 & 100t' Westbound: 3.19 (6 accidents) 13,000 cars/day Chief Bennett continued: • Other intersections with high traffic volume and ratings but not currently proposed o SR 99 & 216t'': 20,000 cars per day, Verra Rating — 3.68 o SR 99 & 224t'': 16,000 cars per day, Verra Rating — 3.41 o SR 99 & 212t'': 20,000 cars per day, Verra Rating — 3.1 Chief Bennett added if this was simply a funding mechanism, there would be cameras proposed at all the intersections. That is not the proposal, the proposal is to address traffic safety. Assistant Chief Sniffen said Verra Mobility considers a rating of 2.7 or higher a viable location for a traffic camera system. Chief Bennett said that is a result of Verra's data analysis and observing red-light camera infractions. Though there may not be as many accidents at these intersections, there are clearly red light running occurring. Pedestrian Accidents 0 20t' & Highway 99 — 1 0 212t' & 76' — 2 o Hwy 104 & 100t' — 0 0 238t' & Highway 99 — 0 0 238t' & Highway 99 — 0 0 228t' & Highway 99 - 0 Empirical Research says: o Road crashes are a prime cause of death and disability and red-light running is a common cause of crashes at signalized intersections ■ Red-light cameras are increasingly used to promote compliance with traffic signals ■ Manual enforcement methods are resource intensive and high risk, whereas red-light cameras can operate 24 hours a day and do not involve high speed pursuits o More than one million crashes occur annually at traffic signals in the United States and red- light cameras increasingly are being used to supplement police enforcement efforts by automatically photographing vehicles whose drivers run red lights o Red light running at signalized intersections is a significant problem in the United States; it results in more than 95,000 crashes and approximately 1,000 deaths per year ■ Red light camera systems aimed at reducing this problem have become a popular tool in local jurisdictions Today's My Edmonds News: o In Washington state, traffic fatalities were up 38% last year compared with 2019, reaching a 30-year high. In response, the state is considering expanding its limited speed camera use. State officials plan a visit to Finland next month to see how that country used automated enforcement to reduce traffic deaths o "Law enforcement has really stepped back from enforcing traffic law," said Jonathan Adkins, CEO of the Governors Highway Safety Association. "We have to get police back out there and get support for police back. But this has to be done the right way, and it has to be done Edmonds City Council Draft Minutes November 14, 2023 Page 5 Packet Pg. 56 7.2.a fairly. And we do want to look at technology - cameras don't see race, they don't see gender." o Edmonds police on Sunday afternoon were called to the scene of a vehicle collision in the Perrinville neighborhood where two pedestrians were struck near 76t' Avenue West and Olympic View Drive. Both patients were transported to Seattle's Harborview Medical Center. Seven empirical studies related to red light cameras, all indicating red light cameras are effective at reducing total casualty crashes o Academic research ■ National Academies of Sciences, Engineering, Medicine ■ Insurance Institute for Highway Safety - Article entitled "Effects of turning off and on red-light cameras on fatal crashes in large U.S. Cities." All fatal crashes at signalized intersections in 14 cities that terminated camera programs during 2010-14 were 30 and 16 percent higher, respectively, after cameras were turned off than would have been expected had cameras remained. - Article entitled, "Effects of red light camera enforcement on red light violations in Arlington County, Virginia." Consistent with prior research, red light violations at camera -enforced intersections declined significantly. Reductions were greater the longer after the light turned red, when violations are more likely to cause crashes. ■ Safety Evaluationof Red -Light Cameras, Federal Highway Administration - Similar in direction but somewhat smaller in magnitude than those indicated in past studies. Right-angle crashes (the surrogate for red-light running crashes) decrease significantly. ■ National Library of Medicine - Article entitled, "Effects of red light running camera systems installation and then deactivation on intersection safety." The results indicate statistically significant collision reductions on all red-light running (RLR) crash types (37%) as well as right- angle RLR crashes (47%) at the treated intersections after RLC activation. - Article entitled, "Red-light cameras for the prevention of road traffic crashes." Authors' conclusions: red-light cameras are effective in reducing total casualty crashes - Article entitled "Reductions in injury crashes associated with red light camera enforcement in Oxnard, California." Overall, crashes at signalized intersections throughout Oxnard were reduced by 7% and injury crashes were reduced by 29%. Right angle crashes, those most associated with red light violations, were reduced by 32%; right angle crashes involving injuries were reduced by 68%. Because red light cameras can be a permanent component of the transportation infrastructure, crash reductions attributed to camera enforcement should be sustainable. ■ Journal of Safety Research ■ TRB Annual Meeting - Article entitled, "Evaluation of red-light camera enforcement in Fairfax, VA, USA." One year after enforcement began, violation rates were lower at all camera and noncamera sites. Overall reductions at the five camera sites were 7% 3 months after enforcement began and 44% after one year. Didn't some cities do away with red light cameras? o Called Kent Police Chief Padilla, "Heck no, they are very effective for the city, we are actually adding six more. Also funded our body worn camera program." When asked if year- end collisions increased, he stated they have actually gone down. Edmonds City Council Draft Minutes November 14, 2023 Page 6 Packet Pg. 57 7.2.a o Communicated with Redmond Police Lieutenant Julie Bear and Chief Darrell Lowe, "We had them in around 2012 for several months. Microsoft lobbied hard (with company attorneys assisting) against them. We've been talking about putting them back." o Communication sent to Burien Chief Ted Boe, who said they have "not had them in at least six years, speculated reason for removal was labor based, lowest staffed city and most calls per service in King County; no new officers in 12 years. No traffic cars or motor officers assigned to the city. We have 26 cops to handle 21,000 calls per year." o Kenmore is adding two cameras this year o Everett is also considering adding traffic cameras o Edmonds decision last year to start with school zone cameras and then look at red-light cameras Recommended Pilot Program Red -Light Camera Sites: Three intersections with highest number of accidents, highest daily traffic and highest rating from Verra Mobility of people running red lights 1. 220t' & Highway 99: 5.3 (10 accidents) 20,000 cars/day o One approach 2. 212t' & 76t1i: 4.08 (15 accidents) 6,000 cars/day o Three approaches 3. Highway 104 & 100r'': 3.5 (6 accidents) 13,000 cars/day o Three approaches Potential intersections for future evaluation 1. 238t' & Highway 99 Southbound: 4.72 (4 accidents) 20,000 cars/day 2. 228t' & Highway 99: 4.05 (2 accidents) 16,000 cars/day Are the costs of the cameras offset or will they cost the city additional money? o Verra charges $5,000/camera/month ■ Seven cameras would be $35,000 total/month o Court costs: monthly 2,475 tickets = $17,859 + $5,000 (est. cost $24,900 per month) 2,475 tickets a month would be 82.5/day = 11 per camera/day o Police costs are currently neutral ■ 2,475 tickets per month x $130 average fine = $321,000 - $24,900 costs - $262,000 delta in the positive per month and $3,144,000/year ■ 1680 tickets per month x $130 average fine = $262,000 - $21,700 costs - $229,300 delta in the positive per month and $2,751,600/year What is the impact related to court costs? o In Lynnwood Municipal Court, 18.5% of people who received parking citations in 2022 requested a hearing ■ Individuals who request a hearing may choose whether to appear in -person or remotely ■ IRLJ 2.6 requires that hearings be set within 120 days from the date of the notice of infraction o Edmonds Municipal Court (EMC) currently conducts pro se infractions hearings on the second and fourth Fridays of the month ■ These hearings take place from 9 a.m. to 12 p.m., and 1 p.m. to 2 p.m. ■ Current calendars allow for 80 pro se infraction hearings per month ■ Typically, ten infraction hearings are scheduled per hour, which provides an average of six minutes per hearing ■ Workload impact assuming 2,475 red light citations per month with 18.5% of individuals cited requesting a hearing, this will result in an additional 458 infraction hearings per month. This is a 572% increase in the number of infraction hearings that EMC conducts each month Edmonds City Council Draft Minutes November 14, 2023 Page 7 Packet Pg. 58 7.2.a - The increase in hearings would require EMC to move from infractions being held on two days per month to 13.5 days per month Assuming 2,475 citations per month, EMC estimates that the increased court clerk workload from red-light cameras would require an additional 2 to 3 FTEs - The annual salary of a court clerk at Step 1 is $65,184. Including benefits, the total annual cost for one court clerk is $84,739 - This would result in a monthly cost per court clerk of $7,061 - If two additional court clerks were needed, the monthly cost would be $14,122 - If three additional court clerks were needed, the monthly cost would be $21,183 Additional capacity could be created by increasing pro tempore judge budget and brining in an additional judicial officer to preside over additional calendars - This would result in an estimated additional cost of $3,337 per month Assuming 2,475 citations per month, EMC estimates that its increased monthly costs would be between $17,859 and $24,920 Assuming a total of 1,60 citations per month with 18.5% of individuals cited requesting a hearing, this will result in an additional 311 infraction hearings per month. - This is a 389% increase in the number of infraction hearings that EMC conducts each month ■ The increase in hearings would require EMC to move from infraction hearings being held two days per month to ten days per month ■ Additional capacity can be created by increasing the pro tempore judge budget and bringing in an additional judicial officer to preside over additional calendars. This would result in an estimated additional cost of $2,600 per month. ■ Assuming 1,680 citations per month, EMC estimates that the increased court clerk workload from red light cameras would require an additional 2 FTEs. EMC estimates that its increased monthly costs would be $16,722. What are the impacts to Police? o Conservatively, based on conversations with Lynnwood PD, it takes approximately one minute to review three tickets o In speaking with the Edmonds traffic sergeant, this workload would be split up among multiple officers, thereby minimizing the workload and staying current with the volume o The infraction that is sent to the violator with a picture of the violation, the steps on how to respond to the infraction, and a hyperlink to view a video f the violation online ■ The steps on how to respond to the infraction are decided by the court ■ There is a boilerplate narrative from police on each ticket 0 2,475 tickets per month, divided by 3 tickets a minute = 825 minutes per month (or 13.75 hours/month) 0 1,680 tickets per month, divided by 3 tickets a minute = 560 minutes per month (or 9.3 hours/month) o Does not require additional staffing at this time. What does the offender get in the mail? o Notice of the violation that identifies options and includes links to video What the offender sees when the click on the hyperlink o Video and/or image associated with violation o Additional resources What about school zones? o Schools in Edmonds currently in the process of getting cameras ■ Chase Lake Elementary ■ Westgate Elementary ■ Edmonds-Woodway High School ■ Scriber Lake High School Edmonds City Council Draft Minutes November 14, 2023 Page 8 Packet Pg. 59 7.2.a o To add additional school zone cameras, we would have to request the vendor come out and do a speed study to determine whether that specific school would qualify for a speed camera o Cameras should be up in January o There is a 30-day warning period Councilmember Paine thanked Chief Bennett for the fantastic information. She recalled a public comment last week that the City should not install red light cameras because they are heavy handed and do not take into consideration other options. She appreciated the police department's lens of using safety controls better. As Commander Machado said, there is a need for situational awareness at every intersection. She asked how car versus pedestrian near misses are calculated, assuming there was a mathematical equation that provides a ratio for every person hit, there have been numerous near misses. Commander Machado referred to 220t1i & Highway 99 which is one of the intersection proposed for the pilot which has seven north -south lanes and five east -west lanes. The features of a red light violator tend to include an acceleration of speed and a follow through with very little time and responsiveness. A pedestrian in that situation who is managing their movement lawfully and responsibility utilizing pedestrian signals, as they receive a walk signal and begin crossing, that near miss factor becomes extremely problematic because everyone involved must engage in a perception reality; the walker may need to stop suddenly, other drivers about to get the green have to pause. Commander Machado realized that explanation did not answer Councilmember Paine's question with specificity related to data sets, but that is the anecdotal reality of what happens light cycle to light cycle. There are so many moving parts and the idea of automated enforcement endeavors to create an environment where drivers approach an intersection with due caution and attentiveness that the realities of 12 lanes requires. Councilmember Paine said she was hoping for a ratio but understood that would be a tough calculation. She wanted to apply that to the pedestrian environment impacts in neighborhoods and if there were any noted human behavior characterization at camera -enforced intersections. She recalled from drivers ed, the pedestrian has the right-of-way at any intersection. She asked if situational awareness and drivers' behavior changed at intersections in areas surrounding a camera -enforced intersection. Assistant Chief Sniffen answered data regarding near miss collisions is typically not collected. Human behavior tends to improve at intersections near a camera controlled intersection because drivers may be unsure which intersections are controlled. Putting cameras at 220th & Highway 99 would likely impact human behavior at nearby entrances and exits and even up to 84th Chief Bennett clarified the goal is not to ticket anyone, the goal is for drivers to follow the law. She was confused by people complaining about red light cameras because drivers are either following the law or they are not. She did not want to cite anyone and would love for the program to be a dismal failure although she knew it would not. The goal is to change behavior. Drivers receive ample warning of a camera controlled intersection including signs and notification from navigation apps. Running a red light is very risky behavior that could and often does lead to an accident. The mere signage changes driver behavior. She may or may not have received a red light ticket and she now approaches red lights with caution. She noted pedestrians often do not look as they walk into the street because they have the right- of-way. Commander Machado said when he pulls someone over on a traffic violation, he often tells them, "nobody needs another bill in their life." His friend got a red light camera ticket and told everyone how upset they were about it. He welcomed that and hoped drivers would tell others. The process of driving a motor vehicle in an intersection involves numerous variables that require a human to do a bunch of things at the same time. He compared it to trying to parallel park while your dog is barking and you are listening to your favorite song as loud as possible. That driver would probably turn down the radio, tell their dog to Edmonds City Council Draft Minutes November 14, 2023 Page 9 Packet Pg. 60 7.2.a be quiet so they could parallel park. That process is effectively the same collection of things that humans have to do when they arrive at an intersection. If people can be empowered to make good choices as they are meandering in the roadway particularly as they arrive at an intersection, that maximizes capacity to create a safer environments. Councilmember Paine commented she would be in therapy for the rest of her life if she hit and killed someone. Council President Pro Tem Olson said because this was brought up as a budget revenue first, she was very predisposed to be against it and that is what the council is also hearing from residents, that it is not responsible to begin looking at this as a revenue source. She listened to the presentation with interest and is definitely thinking about the information provided and good points were made. She thanked the police department for putting together such a good presentation and for providing the data. She specifically appreciated, 1) so many of the intersections where people run red lights, but may not generate a lot of accidents, red light cameras would not be installed there, and 2) the explanation of why cities with red light cameras are discontinuing them and the three examples. She did not understand the explanation about labor being a reason Burien discontinued their cameras. Chief Bennett explaining Burien does not have any traffic officers or sergeants to review the tickets. Burien has very high traffic counts and likely generated a high volume of tickets. When a department is that short staffed on patrol, it creates a perfect storm of who will review the tickets within the required 15 days. She recalled hearing from Burien, "it just became such a hassle." She did not think it had anything to do with traffic safety; it was related to the need for officers to review each ticket and Burien did not have the staff to do that. Council President Pro Tem Olson referred to hardship and people unable to pay, she wanted there to be a consequence in fairness to the process and in support of the idea of trying to change behavior such as requiring an hour of community service and not just letting those drivers off the hook. Chief Bennett answered that is a court process; the EMC is pretty good about hardship and alternatives to monetary penalty. Council President Pro Tem Olson commented due to the fact that this was brought up as budget revenue first, she probably will not support it as part of the budget process. However, outside of the budget process, if after studying all the materials it seemed like a good idea, a policy could be adopted and the program added as a budget amendment. The issue of fairness in fact or in appearance is part of the public's perception. Chief Bennett commented this was discussed length last year with the mayor and amongst themselves and it had nothing to do with the budget. Her original idea when the school zone cameras were considered was to also do red light cameras knowing the traffic safety issues in the City, car -pedestrian accidents and vehicular accidents. When she asked the mayor about red light cameras, he suggested baby steps and starting with school zone cameras and see how those go. There were a lot of kinks to work out with the school zone cameras but once they learned red light cameras could be added as an addendum to the contract, it seemed like a reasonable pilot program to start to impact driver behavior especially with the increase in traffic accidents and fatalities. Council President Pro Tem Olson said most people have noticed an uptick in reckless driving, not just speeding that exceeds the limit by 5 mph but 20+ mph. Councilmember Teitzel thanked the police department for the additional data. He was not inherently opposed to the concept, recognizing there was good rationale. However, he agreed with Council President Pro Tem Olson that coming to the council in the sausage making process of the budget gives the appearance of it being a revenue related issue. He recognized Chief Bennett felt it was a safety related issue but the optics aren't good. He believed it should be decoupled from the budget and considered next year as a separate item to give the new council time to dig into the information which the council saw for the first time tonight as much of this data was not in the decision package. There is lot of nuance and detail as well as a lot of citizen concern that needs to be considered before proceeding. He reiterated he was not inherently opposed to the idea but it needed further analysis and research by council. Edmonds City Council Draft Minutes November 14, 2023 Page 10 Packet Pg. 61 7.2.a Councilmember Teitzel referred to cities that have had cameras and removed them. It was his understanding Burien and Auburn removed their cameras and asked if Chief Bennett spoke to those police departments about the rationale. Chief Bennett said she mentioned Burien in her presentation and it was her understanding that Auburn still has red light cameras, but she could doublecheck. Councilmember Teitzel said he read Auburn was removing their cameras. Council needs to see data from those cities to see what caused that decision. He concluded more consideration and time was needed so he would not support including red light cameras in the budget process, but would certainly support considering it second quarter 2024. Councilmember Chen expressed appreciation for the detailed analysis and the pilot project approach. He recalled going to the Chief Bennett's office a year ago after receiving numerous complaints about speeding and driver behavior and ways to mitigate those situations. Red light cameras was one of the recommendations. He recognized the desire for public safety drives this proposal, but in terms of how this works with the budget, he questioned the estimate of $3.5 million in revenue in the proposed budget when the cameras at three intersections would be operational May -December. Chief Bennett answered the numbers she provided are for the three intersections. She noted the three members of the police department who are present have about 100 years of collective experience and are all very interested in safety. With regard to the perceptions about this as a budget item, she assured this was brought up a year ago. She cannot control discussions that were or were not happening, but this is something she has been asking about for two years. Now that the Verra Mobility contract is in place, it is a great time to add red light cameras. Chief Bennett reiterated the goal would be to write no tickets, but the data sets show it is cost neutral. If implementing red light cameras sooner rather than later can save one accident, two accidents, three accidents, ten accidents, or one fatality, as public servants and stewards of the city, they have a duty to do that. Politics aside, there is a duty related to public safety and traffic safety as that is the top complaint by residents. She wanted it to be clear that from the police department's viewpoint that this is a safety issue. Councilmember Chen said he also has a friend who received a red light camera citation in Lynnwood and was in total denial, but when they clicked on the link and saw themselves rolling through the light, they were convinced they ran the red light and their behavior changed, driving more cautiously and telling their friends about it. Councilmember Buckshnis commented she is a huge code, process and policy person and has a very good memory. She did not recall the police department bringing this to council in the past. She recalled the council discussing school zone cameras and recommending they be included in the CIP/CFP. She recognized Chief Bennett may have discussed red light cameras with Councilmember Chen, but she did not recall the council ever discussing them on the dais. If the council had, she definitely would have recommended having information brought to council early in the year followed by a very process -oriented examination. Doing it this way, the council is on the firing end, getting snowballs thrown at them. Chief Bennett agreed she did not bring it to council, she brought it to the mayor after talking with Councilmember Chen and other citizens concerned about traffic safety. The process that was discussed was to start slow and steady with school zone cameras. It was a cautious approach to try a pilot program and see how the system and vendor worked with the school zone cameras and then move into red light cameras. That was discussed with the mayor almost two years ago. Chief Bennett acknowledged what Councilmember Buckshnis was saying, but when she looks at being pelted with snowballs versus someone being hit by a car, she was interested in what could be done as soon as humanly possible to mitigate traffic accidents and potential car -pedestrian or other incidents in intersections. Command staff all do monthly ridealongs and almost every one includes an intersection Edmonds City Council Draft Minutes November 14, 2023 Page 11 Packet Pg. 62 traffic accident. Councilmember Buckshnis said she was not discounting the police department's experience, but she was not a kneejerk type of person. This could be presented to the new council in six months and they can hold a noticed public hearing, get information well before 2:30 p.m. and make a thoughtful decision. She suggested it was a great idea to research. She does not speed herself but knew there was a lot of speeding in areas such as Olympic View Drive. She preferred to issue tickets to people to prevent speeding. The first day she lived in Edmonds, she got a ticket which is why she never speeds. Chief Bennett recognized that changed driver behavior. Councilmember Buckshnis said she has not seen many motorcycle cops issuing tickets although she was impressed with the statistics. She wanted to move very thoughtfully with this so all the citizens are on the same page. Chief Bennett commented due to the staffing shortage, there is only one motor officer and one motor sergeant. It has been announced but no officers have expressed interest. Although it would be great to do a lot of traffic enforcement, the department simply doesn't have the staff. Commander Machado said minimum staffing is the least amount of officers that can be on duty on any given 12-hour shift/watch; the department is at or below minimum every day, below minimum means an officer working overtime to fulfill the need. Minimum staffing is significant bare bones functionality from the standpoint of responding to 911 calls. The police department never closes and will always be there, but bottom line, staffing is an issue. Councilmember Buckshnis said she was impressed with the data provided and could commiserate with staffing issues. However, as an old policy wonk, she is all about code, process and policy. Councilmember Nand thanked Chief Bennett, Judge Rivera and Court Administrator Maylor for responding to her questions. She referred to the $3.5 million revenue generated by this program in 2024 in decision package 7 which equates to 29,700 tickets/year, and requiring 2-3 additional FTEs for the court and an additional pro tem judge which would add $299,040/year. She urge councilmembers to consider whether they want to issue 29,700 tickets/year to generate an income target of $3.5million in revenue and whether the City was prepared to add additional FTEs to the court. She referred to Chief Bennett's comment that there may be a need to add a traffic cop to review red light camera footage and asked how much that would cost. Chief Bennett answered this is a pilot program and those costs are unknown until the program is instituted. If the workload was much greater than the estimated 13 hours/month or if staffing drops further, an FTE may need to be added. She reiterated the cost offset delta would cover that cost; if it is a workload issue, the revenue would cover the position. Councilmember Nand pointed out it would lessen the amount of net revenue generated for the City and wanted to ensure that was being accounted for. Councilmember Nand pointed out there are many things that can be done to address public safety on City streets including radar signs, speed bumps, etc. She thanked the police department for bringing this forward, but wanted to look at all the options and ensure there was a clear understanding of the costs associated with this program versus looking at it as a budget plug of $3.5 million. Mayor Pro Tem Tibbott observed there are a lot of accidents at the intersection of 212t'' & 76t' near Edmonds-Woodway High School which was concerning due to the number of pedestrians. He observed there would be school zone cameras in that area and asked if would make sense to see how the school zone cameras affect the data for the intersection or was having both a good idea. Chief Bennett said in her opinion both were a good idea to slow drivers in a school zone as well as not run red lights. It would be great if having school zone cameras caused people to pay more attention to their driving. Aside from revenue, the goal is to keep community members safe. The department's ideal would not to issue any tickets because everyone is paying attention, no one runs a red light and no one speeds. Unfortunately, human behavior doesn't work that way. Even in Lynnwood where cameras have existed for 10 years, that has not negated the number of red light offenders. Edmonds City Council Draft Minutes November 14, 2023 Page 12 Packet Pg. 63 Chief Bennett continued, from a traffic and public safety standpoint and as the mother of four children who attend school, school zone cameras and red light cameras are imperative to provide safety for community members. If it just saves one life, it will be worthwhile. She reiterated the goal is no tickets, so if people are following the law, she was baffled by their fears. It is important to stop at red lights and not to speed in school zone; that is taught in drivers' ed and it is state law. According to scientific studies, every mile per hour is another percentage chance of death for a child. Any measure that can be taken to reduce the number one complaint, traffic, the City is obligated to do. 9. PUBLIC HEARING 1. PUBLIC HEARING ON INSTALLATION OF RED LIGHT CAMERAS Mayor Pro Tem Tibbott opened the public hearing. Janelle Cass, Edmonds, thanked the police department for their wonderful presentation and data. As a mom and an engineer, safety is very important to her. When she drives through Lynnwood, she has yellow light anxiety. For a long time, she would not drive in Lynnwood because although she is a confident driver, she wasn't not sure she was doing it right. As a safety professional, she asked what metrics were used, and what was the goal. She heard Chief Bennett say zero or no accidents and questioned whether that was feasible and whether policy could be established based on that. She asked whether the goal would be one accident per million cars or one in 10,000 as that is an important design factor in figuring out what the City wants to do for safety. She ran a few numbers, for the intersection of 220t' & Highway 99, it is 1.8 accidents per million cars, 220' & 76 is .99 accidents per million cars, 212t' & 76' is 2.28 accidents per million cars, SR 104 & 100t' is .4 accidents per million cars, and 238t' & Hwy 99 is .18 per million cars. She requested as council makes their decision to look the total picture, and come up with attainable goals, anticipating zero was unreasonable. Ken Reidy, Edmonds, said it is unfortunate the council has allowed the police department to take the legislative lead on this matter because that results in citizens who disagree with the legislation having to take a stance opposite the police department which is not something most citizens want to do. He wants to support the police department and not arguing with them over a legislative matter. This is council's role, council with the legislative authority must prepare the analysis. Council is the entity that should initiate this and should be the legislative lead on this matter. He urged the council not to pit citizens against the police department because he wants to support them. Unfortunately the presentation regarding red light cameras was not provided in advance which provided little time to digest the presentation before the public hearing. He referred to mention in the presentation of Lynnwood safety data between the years of 2012 and 2022 and that there has been significant reduction in accidents during that time. That is not the complete story, the 2017 Lynnwood automated traffic safety camera report states the number of accidents reported reflects collisions occurring within the intersection. Prior year reports included accidents occurring upon approach but not necessarily within the intersection. Lynnwood changed their reporting in 2017 so it is inaccurate to say their accident data has gone down over that time. Mr. Reidy continued, with regard to what happened last year, at the February 7, 2023 city council meeting, Councilmember Paine asked Assistant Chief Rod Sniffen if there was any intention to have Edmonds move to red light cameras and he said no, there is no plan to move to red light cameras. Councilmember Paine asked about right turn cameras and the answer was none. He asked what changed over the last eight months. Typically when a driver approaches a traffic light, it isn't yellow, it is green and drivers have to consider what to do if the light suddenly turns yellow. He recommended if the council proceeds, to install a countdown clock on the traffic signal so people approaching the intersection know when the light will turn from green to yellow. That technology exists and would do amazing things to eliminate rearend collisions caused by red light cameras. He urged the council to end consideration of this Edmonds City Council Draft Minutes November 14, 2023 Page 13 Packet Pg. 64 7.2.a matter at this point in time. Should council want to prepare a study in the future, he urged them to follow the RCW and ensure the council is the legislative lead. Finis Tupper, Edmonds, thanked Chief Bennett for the presentation, commenting he found some of the information very interesting. It would have been nicer to have the information available a few days before the meeting, but that seems to be the modius operandi on this subject, sandbag the public and not provide information. He quoted from page 17 of the approved minutes of February 7, 2023 council meeting where all councilmembers, Mayor Nelson and City Attorney Jeff Taraday were present, "In response to audience comment, Councilmember Paine asked if there was any intent to have Edmonds install red light cameras. Assistant Chief Sniffen answered there is no plan to install red light cameras in this program. Councilmember Paine asked if there were plans to install right hand turn cameras. Assistant Chief Sniffen answered there was not." RCW 46.73.170 is very clear and he suggested the council review Resolution 1514 passed on February 21, 2023 which states Whereas the statute authorizes the use of automated traffic safety cameras by local jurisdictions in among other areas school speed zones, school walk areas, provided that before enacting an ordinance or allowing for the use of such cameras, the appropriate local legislative authority first prepares an analysis of the location within the jurisdiction where automated traffic safety cameras are proposed to be located. The February 7 and 21, 2023 agendas do not include that traffic study; it was never provided to the public and similar to what is going on now, the police department has not provided any traffic analysis. He assumed the only reason the red light cameras are being proposed is because there is a humpty dumpty budget, a $3.5 million deficit, that needs to be fixed and he recommended not fixing the budget this way. Deborah Arthur, Edmonds, said she has a lot of respect for the Edmonds Police Department and appreciated Chief Bennett's presentation. She accidentally drove through a red light camera in the past and due to a car tailgating, had to make a decision whether to go through on the yellow or stop and get rearended. She drove through on the yellow, got a red light camera ticket and paid the ticket after seeing the video. A Wikipedia article described Finland's practice of basing ticket amounts on income and one executive's ticket amount was two weeks' salary. She was not proposing that. From what she has heard tonight, the red light cameras seem like a good idea because she believed in deterrents. She has seen drivers run stop signs and red lights throughout Edmonds. The police department would not propose this if they didn't think it was necessary. She hoped the council would decide to implement red light cameras. She disagreed with Councilmember Nand's comment that people wouldn't shop in Edmonds if there were red light cameras. With no further public comment, Mayor Pro Tem Tibbott closed the public hearing. 10. COUNCIL BUSINESS - CONTINUED 1. PROPOSED 2024-2029 CAPITAL FACILITIES PLAN & CAPITAL IMPROVEMENT PROGRAM Councilmember Teitzel referred to PWT-50, Walkway on 238' St. SW from Highway 99 to 76' Ave W, which is on the CIP/CFP to begin in the 2030-2044 timeframe. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO MOVE THE SCHEDULE UP FOR DESIGN TO BEGIN 2026 WITH CONSTRUCTION TO BEGIN IN 2027. SECOND Councilmember Teitzel relayed the estimated project cost is $1.4 million. It is scheduled for the 2030- 2044 timeframe, but ranked #10 in the long walkway priority list in the most recent transportation plan. The Highway 99 Subarea is undergoing rapid redevelopment. This route is one of the primary walking and biking routes for residents of southeast Edmonds to transit and amenities on SR 99. It is a major Edmonds City Council Draft Minutes November 14, 2023 Page 14 Packet Pg. 65 7.2.a walking and biking route to the soon to be improved Mathay Ballinger Park and will be a major walking and biking route to the new Edmonds access to the Ballinger Park. It is a dangerous walking route with insufficient or non-existent sidewalks currently and it needs to be reprioritized for design in 2026 and construction in 2027. COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, MOVE TO AMEND TO MOVE THE PROJECT TO 2027 FOR DESIGN AND 2028 FOR CONSTRUCTION. Council President Pro Tem Olson explained projects are included in the first three years of the CIP/CFP if they have designated funding sources. Knowing there is no funding source for that project at this time, she recommended moving it into the unfunded portion of the plan with the understanding if a funding source is identified, the CIP/CFP could be amended to move it up. City Engineer Rob English commented that would be consistent with the practice of putting unfunded projects in the back 3 years of the CIP/CFP. UPON ROLL CALL, MOTION CARRIED (5-2) MAYOR PRO TEM TIBBOTT, COUNCIL PRESIDENT PRO TEM OLSON, AND COUNCILMEMBERS BUCKSHNIS, PAINE AND NAND VOTING YES; COUNCILMEMBERS TEITZEL AND CHEN VOTING NO. Councilmember Buckshnis said she was confused by the process; the council already voted on amendments in the packet that she and Councilmember Teitzel proposed. Mayor Pro Tem Tibbott advised was this a new amendment to CIP/CFP, a motion was made by Councilmember Teitzel and amended by Council President Pro Tem Olson and now the council will vote on the main motion as amended. Councilmember Teitzel recalled discussions by Public Works Director Oscar Antillon and City Attorney Jeff Taraday regarding the code related to sidewalks which states the property owner adjacent to the right- of-way where sidewalk is installed may bear some of that cost. If the intent is for design in 2027, the property owners need to be clear what the code requires. He suggested that be sussed out in the next three years Mayor Pro Tem Tibbott observed this is an important connector to the Interurban Trail as well as the future light rail station. He asked if there were grant funding opportunities to complete that project sooner rather than later. Mr. Antillon answered sidewalks are typically built by the developer during construction and turned over to the property owner. The current code does not prevent the City from building sidewalks, but they are not the City's responsibility. Staff will ensure projects comply with the code and will continue to look for grants and other opportunities to fund this and other projects. The City does not have a grants manager that does that but engineering staff, particularly Transportation Engineer Bertrand Hauss, continuously search for opportunities. Mr. English said the state's bike and pedestrian program as well as Safe Routes to School are potential funding sources for this and other sidewalk projects. A new program, the Active Infrastructure Program, is another potential funding source, but they have not done a call for projects yet. The challenge will be how competitive that project or another sidewalk project in the City will be in a nationwide program. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. Councilmember Buckshnis asked if the council would receive a summary of projects the council has voted on or should councilmembers continue to propose amendments. Mayor Pro Tem Tibbott referred to packet page 353 which is a list of public works and parks amendments and the action/change. Councilmember Buckshnis observed the packet did not reflect her motion to remove the waterfront walkway project. Councilmember Teitzel recalled the motion failed for lack of a second. Edmonds City Council Draft Minutes November 14, 2023 Page 15 Packet Pg. 66 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO REJECT THE $500,000 COST IN PWP-02 TO COMPLETE AND CLOSE OUT ALL ITEMS ASSOCIATED WITH THE CARBON RECOVERY PROJECT. Councilmember Buckshnis explained this was supposed to be an all-inclusive project. The council has not had an update for a long time other than it is now working. There have been issues with whoever is doing the construction and it was supposed to be all-inclusive so she questioned why the City would bear $500,000 more to close out the project. She asked if this should be discussed in executive session since it was an all-inclusive contract. Mr. Antillon agreed it could be discussed in executive session. Mr. Taraday suggested scheduling an executive session at a subsequent meeting to allow him to confer with staff to ensure the topic was proper for an executive session. COUNCILMEMBER BUCKSHNIS WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECOND. Mayor Pro Tern Tibbott requested staff update the list of amendments. He expected the CIP/CFP would be brought back to council at the next meeting for approval. Councilmember Teitzel recalled during the council's last discussion regarding the CIP/CFP, funding sources for Yost Park projects including R19 were moved around. He asked if council needed to make an amendment or would staff restate the costs and resubmit them for council consideration. Parks, Recreation & Human Services Director Angie Feser displayed the following which is a result of past discussions/presentations: • Parks CIP/CFP Amendments as of 11/8/2023 CFP Project Site & Description 2024 2025 2026 2027 2028 2029 6-Year Total Shell Creek RestorationARRYfOR3NAR0. Stream health and erosion control of shell Creek in Yost Park, scope TBD based S �� ^^^ R19 on study. Study existing condition analysis in 2024. Design, permitting and $ 250,000 S 380,000 $ - 5 - 5 - $ - S 630,000 construction work in 2025. R9 Yost Park & Pool R4 Park enhancements, repair and maintenance to include ^ S 1,296,400 $ S 5 $ $ 1,296,4GU R6 playground and pool upgrades in 2025. R11 Olympic Beach Park R7 Renovation of exfstiegfestreems-. Replacement of failed ventilation system in 5 20,000 20,000 5— 33,000 S - 5 - S - $ 53 000 coordination with roof replacement (by Facilities/PW) S 33,000 Elm Street Park D36 Park enhancements to include the addition of a nature playground, nd small shelter with picnic tables ahabitat restoration, and consideration ofa S - S - 5 - S - S 100,000 5 340,370 ,-_--_ R14 R14 dog park amenity with public design process. Councilmember Teitzel asked if this was sufficient to document how the costs were moved rather than revising R10, R9 and R4. Ms. Feser answered these change will be reflected in the CIP/CFP that will be presented to council for adoption. Mayor Pro Tern Tibbott declared a brief recess 2. COUNCIL BUDGET DISCUSSION Mayor Pro Tern Tibbott suggested the following approach: councilmembers first focus on decision packages in the proposed budget and at a future meeting, cover decision packages in outlying years and new decision packages proposed by councilmembers. Councilmember Teitzel referred to DP7, red light cameras. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DENY DECISION PACKAGE 7, RED LIGHT CAMERAS, AT THIS TIME AND RECONSIDER IN 2024. Edmonds City Council Draft Minutes November 14, 2023 Page 16 Packet Pg. 67 7.2.a Councilmember Teitzel provided the following justification for his motion: installation of red light cameras purportedly results in a reduction of accidents at busy intersections. However, supporting data shows conflicting results in this regard. In fact, the Redond City Council recently voted to remove all red light cameras that had previously been installed there because the safety benefits were not clear. More research is needed to justify installation of red light cameras in Edmonds to clearly demonstrate the safety benefits. In addition, this DP does not identify additional costs that will result from the addition of personnel in EPD and the Court to process the citations and resultant appeals. Until that research and quantification is completed, this DP should be denied. After all empirical evidence and quantification of revenue and expenses can be quantified (including identification of additional EPD and Court FTEs required to process the citations), this proposal should be reintroduced in 2024 for Council consideration. Council President Pro Tem Olson commented the council got really good food for thought and some of the items mentioned in the narrative for this decision package that were addressed in tonight's presentation are not necessarily her concerns. There is more information for the council to vet and to give more time and consideration to public safety concerns. However, it is not appropriate for the council to include it as a decision for revenue in the short term and she agreed with Councilmember Teitzel's desire to consider it outside that process next year. Councilmember Paine argued against this amendment to remove DP7. Red light cameras and school zone cameras offer a lot of public safety. The council has heard from over a dozen neighborhood that traffic safety is a neighborhood need right now and red light cameras offer immediate results for those neighborhoods. Mayor Pro Tem Tibbott expressed appreciation for the amount of information the police department provided tonight. It raised a number of questions in his mind that still have not been answered so it is difficult for him to support moving forward with the red light cameras at this time. However, it peaked his interest and he was interested in pursuing it in 2024 when the council has time for more deliberation on the topic. In response to Councilmember Paine's comment, Councilmember Teitzel advised the motion had nothing to do with school zone cameras and those should proceed. This decision package pertained only to red light cameras. Councilmember Chen relayed the police department's presentation indicated the motive is public safety. The council has received many complaints from residents about driving behavior including running red lights and he has witnessed many near misses in front of his office on 76th & 224t1i at the one-way stop sign that was replaced with a flashing red light that drivers continue to run. This is a public safety improvement approach. He was skeptical three intersections will generate $3.5 million in revenue, but in principle, he can accept that it is related to safety concerns. Councilmember Paine reiterated over a dozen neighborhoods have expressed concern. Red light cameras would release police from the responsibility for traffic enforcement at intersections and allow them to do traffic enforcement in the more than a dozen neighborhoods the council has heard from. She urged councilmembers not to support the amendment. Councilmember Buckshnis asked if Mayor Pro Tem Tibbott was allowing only two comments per councilmember. Mayor Pro Tem Tibbott answered that sounded like a good idea. Councilmember Buckshnis said Roberts Rules allows two comments per councilmember, but does not restrict questions. Edmonds City Council Draft Minutes November 14, 2023 Page 17 Packet Pg. 68 Councilmember Buckshnis expressed her total support for this amendment. As she has stated previously, this is policy driven issue and should start with the council, have a slow roll out with a public hearing at the planning board, and a complete process. Councilmember Nand expressed support for the amendment, commenting it would be quite significant if the City began issuing 29,700 tickets/year through red light cameras which, according to her calculation, would be required to reach $3.5 million in revenue. She found it bizarre at a time the City is facing a budget crisis to consider adding FTEs to serve this program when there are vital services that needed to be funded and the council may have to contemplate eliminate positions in 2024 and beyond. She summarized red light cameras would be the wrong move for the City at this time. MOTION CARRIED (5-2), COUNCILMEMBERS CHEN AND PAINE VOTING NO. Councilmember Teitzel referred to DP8, grant specialist, relaying he is very torn on this position because he sees a very clear benefit. However, there are very unusual circumstance related to the budget and strong actions will be required to get it under control. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DENY DECISION PACKAGE 8 FOR THE GRANT SPECIALIST, BUT RECONSIDER IT NEXT YEAR ESPECIALLY IF FEDERAL GRANT MONEY BECOMES AVAILABLE FOR THIS SORT OF WORK. Councilmember Teitzel provided the following justification for his motion: This FTE is purported to be able to bring in an incremental amount of grant funding that would more than offset the annual cost of the position (benefits and salaries). While this position is worthy of consideration, this DP should be denied at this time. The city's financial condition is currently uncertain, and adding an FTE adds significant expenditure with an uncertain return. This request should be reevaluated in mid-2024 and brought forward as a mid -year budget amendment for consideration after the city's actual 2024 financial condition becomes more clear. Council President Pro Tem Olson expressed support for the motion, noting she has ruminated about this a lot. She was open to a short term contract because infrastructure money and the Inflation Reduction Act money is available now, there are a lot of requirements and possibly a specialist could get the City more of that money. However, for the City to take on a reoccurring and forever FTE, according to what she has read, there won't be as grants available once those pots are depleted. Staff will also continue to look for grants. She preferred a professional services approach where someone looks for grants for the City although she noted some of the departments' professional services budget may be reduced via the budget process. She expressed support for eliminating the FTE in the budget, anticipating the need will decrease in future years as funds are no longer available. Councilmember Paine argued against eliminating this position. What some may not understand is grants include administrative fees to support a grant writer. For example, a $200,000 grant would help support the $120,000 salary for a grants manager as well as the position's overhead, 10% is a common amount. Eliminating this position is shortsighted as it is a way to have projects developed and moved forward in ways that serve the City. She did not understand the proposal to eliminate this position other than putting the City into a situation that was very shortsighted. Nonprofits and other cities have grant managers. She feared not having a grants manager would result in City projects not moving forward. Councilmember Buckshnis expressed support for the motion. She has read over 250 grants over the last 8 years and assured a grant writer is as important as the people they work with to get sufficient information. She is a fiscal conservative and did not believe this was short sighted. Eliminating this position is being smart, and the most important thing is for the new administration and new councilmembers to have a Edmonds City Council Draft Minutes November 14, 2023 Page 18 Packet Pg. 69 7.2.a good relationship with federal legislators, recalling how much money former Mayor Earling got for the connector and the $50 million that U.S. Representative Derrick Kilmer got for coastal communities, communities that did not have grant specialists. Few cities have grant specialists and she agreed with Council President Pro Tern Olson about having a part-time grant manager. She recalled the City had a part-time grant writer in the past, but she did not have enough work. The City's financial condition is not good and the City should not be spending $183,000 to fund someone who it is unknown if they will be capable of obtaining grants. Council President Pro Tern Olson expressed appreciation for the comment regarding administrative fees to offset the cost of a grants manager, noting those funds could also be used to offset a professional services contract for a grants specialist that the City might use short term. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER PAINE, TO TABLE IN HOPES DIRECTOR TATUM COULD COME BACK AND DISCUSS SOME OTHER OPTIONS TO TRY TO PRESERVE THIS IN THE BUDGET AT LESS OF A FINANCIAL IMPACT. MOTION FAILED (2-5), COUNCILMEMBERS PAINE AND NAND VOTING YES. Councilmember Teitzel commented the City is having success achieving grants including one for the Mee property that will double the size of Mathay Ballinger. In addition, Edmonds has a very highly educated and engaged populus, many with expertise in grant writing who he was certain would be happy to help the City. He was hopeful that valuable resource could be tapped in the new year at least until it is determined if there will be federal grant money available to fund this position. He recommended reevaluating the position midyear 2024. Councilmember Chen expressed support for the amendment; the City is in a fiscal emergency and needs to be careful about adding full-time positions. In the future, once the financial situation is stable, the council can revisit the need and reevaluate adding this position. As Councilmember Teitzel said, the City`s professional staff has been successful in obtaining grants including for the Mee property, Highway 99 revitalization, and others. In the short term he urged caution about adding additional paid staff. COUNCILMEMBER NAND MOVED TO AMEND TO CONVERT DECISION PACKAGE 8 INTO A $100,000 ALLOCATION FOR THE ECONOMIC DEVELOPMENT DEPARTMENT'S PROFESSIONAL SERVICES BUDGET TO RETAIN A GRANT SPECIALIST AS A CONSULTANT FOR ONE YEAR TO SEE HOW MUCH ON A TRIAL BASIS THIS PERSON COULD GENERATE FOR THE CITY. MOTION FAILED FOR LACK OF A SECOND. Councilmember Paine argued against removing this decision package. There are projects in the CIP/CFP that need grant funding. Delaying hiring the position for six months is also short sighted; if the position is needed, it should be funded and put in place now. With regard to decision package 7 and 8, she said "if the community needs it and we're adding this to the CIP/CFP, then we should be asking for ways to add revenue and not to shortcut the City and community for things that are actual needs." MOTION CARRIED (5-2), COUNCILMEMBERS PAINE AND NAND VOTING NO. Councilmember Teitzel referred to decision package 14, climate action manager, commenting he was very torn as he would love to approve and support this position, but the 2024 budget is in a unique situation and the council needs to be extraordinary about careful about adding FTEs. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DENY THE CLIMATE ACTON PLAN MANAGER AT THIS TIME. Councilmember Teitzel provided the following justification for his motion: This FTE is intended to coordinate specific actions to advance the goals of the Climate Action Plan to ensure those goals are met. Edmonds City Council Draft Minutes November 14, 2023 Page 19 Packet Pg. 70 7.2.a While this is a worthy proposal, the city's financial condition does not support addition of a new FTE for this purpose at this time at an annual cost of $145,000. This request should be denied. However, this item should be reintroduced in mid-2024 after the city's actual financial condition can be reassessed and reconsidered for approval at that time. Councilmember Teitzel commented there were things the City can do soon without a CAP manager. For example, there have been discussions about the effects of greenhouse gases (GHG) on the environment and restricting the use of natural gas appliances. The council could suggest, without an CAP manager, a code amendment to restrict gas furnaces, hot water heaters, etc. in homes which would have a measurable and meaningful impact on the climate. Councilmember Buckshnis expressed support for the motion due to the workaround in June/July 2024 when Commerce will have a $500,000 grant that all the City has to do is apply for. Some of those funds could be used to fund this position or to fund a contract; that is a decision next year's council would make. There are other things that could be done such as Taming Bigfoot which assisted many residents in learning how to reduce their GHG. The mayor's climate protection committee could also address some of the educational aspects. The current mayor did not allow a presentation regarding Taming Bigfoot. An effort like Taming Bigfoot could be proposed along with code amendments. The proposed cost for a climate action manager is $150,000, money the City just doesn't have right now. Councilmember Paine said she is really disappointed to see this motion come forward. There are funds in the budget and she will present a funding source for this position. Eliminating this position is short- sighted due to the climate crisis. She referred to articles in the Seattle Times, New York Times, Washington Post, etc. This position is not related to what the City needs to do internally, but providing outreach to the community and getting started now. Taming Bigfoot had nothing to do with taming GHG. She requested councilmembers who care about the environment support keeping this potion in the budget. If councilmembers are worried about the $153,000 cost, she knows where to find it in the budget and will make that proposal later. Council President Pro Tem. Olson said she was super proud of the council and their environmental stance and environmental action during the four years she has been on council. She applauded their efforts and consistency in supporting environmental action. This is the first time there has been vote on that subject where she contemplated a no vote. She was confident in her vote, and thanked Councilmember Buckshnis for bringing up the Commerce grant, relaying her exciting about that funding source and how those funds can best be used. She was very hopeful the new administration will find ways to focus on climate action with the existing staff because council is literally weighing whether to add a new FTE or retain existing FTEs. She reluctantly supports this motion and knows it is the right decision now, but when the Commerce grant is available, the position can be added next year if that is determined to be the best path. Councilmember Nand thanked the community for bringing this idea forward and for their incredible passion and engagement. She was hopeful when the City gets the climate action money from the Department of Commerce that this position will be fully funded. She will continue promoting her somewhat controversial proposal to share the position with neighboring jurisdictions who do not fund this type of education and outreach in their communities to expand the reach of this behavior -altering position and multiple the impacts. She thanked the community for their engagement and looked forward to making progress this year or next. In the meantime there is plenty that can be done to reduce carbon footprint. She pointed out Taming Bigfoot was entirely about reducing one's carbon footprint. She was part of the mayor's climate protection committee at that time. With regard to commentary about the 2010 CAP, staff and consultants presented to the mayor's climate protection committee and the council which was done with funding the council devoted toward implementing the CAP. She assured the CAP was a high priority for the City. Edmonds City Council Draft Minutes November 14, 2023 Page 20 Packet Pg. 71 7.2.a Councilmember Chen commented the reality is the City is in fiscal crisis and short of money, but climate change is real as evidenced by severe temperatures fluctuations in the summer and winter. He looked forward to Councilmember Paine's idea for funding and proposed tabling the motion until a funding source can be identified. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER PAINE, TO TABLE. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS CHEN, PAINE AND NAND VOTING YES; MAYOR PRO TEM TIBBOTT, COUNCIL PRESIDENT PRO TEM OLSON, AND COUNCILMEMBERS TEITZEL AND BUCKSHNIS VOTING NO. Councilmember Teitzel said he was offended by any implication he was not fully supportive of the CAP. He is supportive of the CAP and gave a very tangible, meaningful example of something the City can do without a climate action manager to have a meaningful impact on GHG emissions. There are many other things the City can while waiting to see what happens with Commerce grant money that will be available next year to fund such a position. If that money is available, the council should reconsider the position at that time. In the meantime, there are things the City can do without affecting and stressing the already stressed budget. He hoped no one misunderstands, he is a strong supporter of environmental improvement actions and those who know him would agree. Councilmember Buckshnis echoed Councilmember Teitzel's comment, advising she, Councilmember Teitzel and the late Councilmember Kristinia Johnson were on the interfaith climate action group and the mayor's protection committee and spent six months on Taming Bigfoot which provides good ways for citizens to reduce their GHG. Another thing the mayor's climate protection committee could work on in the meantime was the CAP is GHG centric and adaptative measures need to be added to the plan. Councilmember Paine raised a point of order, requesting Councilmember Buckshnis stay on topic. Councilmember Buckshnis assured she was on topic. Mayor Pro Tern Tibbott ruled point not taken. Councilmember Buckshnis concluded there were things that could be done until the Commerce grant becomes available. MOTION CARRIED (5-2), COUNCILMEMBERS PAINE AND NAND VOTING NO. Councilmember Teitzel referred to decision package 18, security and safety system changes, which he hoped would be less controversial. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DENY DECISION PACKAGE 18 AT THIS TIME. Councilmember Teitzel provided the following justification for his motion: This decision package proposes to upgrade security systems in city facilities and structures. However, the narrative does not suggest the current security systems are wholly inadequate. In view of the serious fiscal issues now facing the City, this decision package should be denied at this time. This item should be reintroduced in the 2025 budget cycle for Council consideration, after the 2024 City financial actuals reveal whether the city budget can absorb this expense. Councilmember Buckshnis said this was an amendment she also planned to propose. It will be important to make the future council aware of this as security and safety are important. As she read the decision package, she couldn't tell if the City has a problem other than the need to upgrade. She supported eliminating this from the budget and if the future council finds it's necessary, they can do a budget amendment. She concluded the narrative did not support a cost of $125,000. Edmonds City Council Draft Minutes November 14, 2023 Page 21 Packet Pg. 72 7.2.a Council President Pro Tern Olson asked about the deferred maintenance bond and not putting that into the General Fund. If this is prioritized as deferred maintenance, potentially it could be funded by the bond for deferred maintenance. Public Works Director Oscar Antillon answered upgrading systems may be an issue related to the backlog of maintenance. It could include fire panel upgrades along with security upgrades and the funding source could be the bond money. He would need to check on that. Council President Pro Tern Olson suggested if the council approved removing this decision package, it could be addressed via a budget amendment in the first quarter with a different funding source. Mr. Antillon agreed. Councilmember Paine said she did not see why the council would not support this decision package. It makes sense to have electronic monitoring in all facilities. She was surprised to hear a motion to remove it from the budget and did not support the motion and urged councilmember not to support it. Councilmember Nand asked if staff was given more time, such as a week, could they come back with a presentation regarding what the $125,000 funds in regard to equipment upgrades. Mr. Antillon answered yes. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER CHEN, TO TABLE TO ALLOW DIRECTOR ANTILLON TIME TO BRING MORE INFORMATION ABOUT THE INTENDED USES FOR THIS $125,000. MOTION CARRIED (5-2), COUNCILMEMBERS TEITZEL AND BUCKSHNIS VOTING NO. Councilmember Teitzel raised a point of order regarding the last motion, asking whether a motion to table was appropriate or should it have been to postpone. Mr. Taraday responded the motions are different but similar. Under Roberts Rules, a motion to table requires it be taken from the table either at this meeting or the next meeting. However, also under Roberts Rules, each council meeting is a new session, the effect of the motion to table only lasts for this meeting and the next and then it can renewed by any councilmember. Mayor Pro Tern Tibbott pointed out the council will be deliberating on the budget and decision packages at the next meeting. If staff has that material available, it could be considered at the next meeting. Councilmember Teitzel referred to decision package 61, vehicle replacements, relaying although this doesn't directly affect the General Fund, it affects the budget. These are unusual times where the budget is extremely stressed for many reasons. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM OLSON, THAT THE VEHICLES PROPOSED FOR REPLACEMENT IN 2024 IN DECISION PACKAGE 61 BE DENIED. Councilmember Teitzel provided the following justification for his motion: This decision package proposes to replace eight City of Edmonds vehicles (six police and two public works) per the standard replacement schedule. However, the city's financial situation is currently significantly stressed across all funds, and these vehicle replacements should be deferred until the 2025 budget cycle. This decision package should be denied at this time. Council President Pro Tern Olson observed Councilmember Teitzel has proposed this nearly every year he has been on council. If there was ever a time to test this and see what the impact is, this might be the year. She suggested the council be willing to try it and evaluate in the aftermath whether it was a good or bad idea so the council knows for future years. Edmonds City Council Draft Minutes November 14, 2023 Page 22 Packet Pg. 73 7.2.a Councilmember Buckshnis recalled in 2010 $300,000 was transferred from the from 511B Fund into the General Fund. She acknowledged that wasn't something that should be done, but supported holding off on vehicle purchases, especially since there are three 2016 Harleys so some of those could last one more year. She expressed support for the motion. Councilmember Chen asked the condition of the two public works vehicles proposed to be replaced. Mr. Antillon answered they are at the end of their useful life. Councilmember Chen asked the number of years in their useful life. Mr. Antillon answered 10-15 years depending on the vehicle; the useful life for police vehicles is a lot shorter. Councilmember Chen asked if the public works vehicles were currently functioning well. Mr. Antillon answered they are operating, but require more work to maintain. Councilmember Chen observed the issue was vehicle maintenance. Given the current budget situation, he will support stretching the vehicle life for another year. Mr. Antillon said the likelihood that the cost will be incurred next year is pretty small due to the manufacturer's backlog; not all the 2022 orders have been fulfilled. The longer the replacement is delayed, the longer it will take to get the vehicles. The manufactures are struggling to fill government orders and sometimes cancel orders. He agreed with Councilmember Buckshnis that it is not a good practice to move money from the B Fund, departments pay into the B Fund to pay for vehicle replacements so it is difficult to justify not replacing the vehicles. Councilmember Chen asked if there were sufficient funds in the B Fund to replace those vehicles. Mr. Antillon answered there are, that fund is supported by contributions from each department, it is not General Fund money. Councilmember Chen asked if Mr. Antillon's opinion was to replace vehicle as scheduled rather than delay their replacement. Mr. Antillon answered yes, to ensure the City gets good rates to replace vehicles. Councilmember Chen commented the City is in a budget crisis so he will support the motion as a short term solution to help the General Fund. Councilmember Paine emphasized this is not a General Fund supported purchase and not a transfer into the General Fund. It is an internal transfer done annually to support vehicle replacements and does not affect the General Fund. Councilmember Nand observed the two public works vehicles are quire old, 2008 models. She asked the purpose of those vehicles and the purpose of the requested replacement vehicles. Mr. Antillon said he did not have the decision package in front of him and would have to look into it. Councilmember Nand opposed the amendment, recalling a mechanic was funded via a mid -year budget amendment due to the aging fleet. These vehicles are needed to provide vital services, to keep streets clean, safe and accessible especially during extreme weather events. She encouraged councilmembers to at least fund the replacement of the 2008 public works vehicles. Councilmember Nand continued, the police department is understaffed and their vehicles face a lot of usage and are also providing vital public services. She did not want public works employees or patrol officers to be endangered or unable to fulfill their vital public function because their vehicle requires excessive service due to its age or is unable to function in the fleet. She opposed the motion. As previously stated, this is not funded from the General Fund, but from a fund dedicated to replacement of vehicles at the end of the vehicles' life expectancy. Council President Pro Tem Olson pointed out the mechanic was added due to growth of the fleet, not aging fleet issues. She referred to Mr. Antillon's comment that the City is still waiting on orders placed in 2022. She took that to mean that cars end up being in operation longer than intended due to the year delay to get replacement vehicles. Mr. Antillon agreed, commenting that is having an impact, especially for the police department. The decision package includes six police vehicles; if one of the police department's vehicles is down, it has a big impact. Council President Pro Tem Olson said in light of that, she will Edmonds City Council Draft Minutes November 14, 2023 Page 23 Packet Pg. 74 reconsider her position as the City is actually getting an extra year of service from vehicles while waiting for their replacement. She will wait for her experiment for another year. Mayor Pro Tern Tibbott did not support the motion because vehicle replacement is funded from a different source than the General Fund. He supports maintaining vehicles for safety and functionality of the departments and felt it was vital to replace vehicles on a schedule. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS TEITZEL, CHEN AND BUCKSHNIS VOTING YES; MAYOR PRO TEM TIBBOTT, COUNCIL PRESIDENT PRO TEM OLSON AND COUNCILMEMBERS PAINE AND NAND VOTING NO. Councilmember Teitzel referred to decision package 64, capital maintenance projects, advising this is a fairly small request, but the City's budget is in extraordinary times and the council is looking for opportunities to trim expenses from the 2024 budget that are not absolutely critical. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DENY DECISION PACKAGE 64. Councilmember Teitzel Proposes provided the following justification for his motion: This item proposes $65,000 in funding to replace an existing manual gate system with a motorized gate and access controls. This would make public works maintenance yard ingress and egress more efficient. This is a reasonable request. However, in view of the city's current fiscal instability, every effort must be made to reduce expenditures. This request should be denied at this time, and reconsidered for implementation in 2025. Councilmember Nand asked if Councilmember Teitzel was proposing to remove $65,000 for the gate or deny the entire decision package. Councilmember Teitzel explained the decision package is $65,000 to replace the existing manual gate system with an electronic sliding gate. Councilmember Nand asked if the intent was to leave the $80,000 in the decision package for the office and IT room heat pump installation. Councilmember Teitzel answered his amendment is related only to $65,000 for the electronic gate. MOTION CARRIED (5-2), COUNCILMEMBERS PAINE AND NAND VOTING NO. Councilmember Teitzel referred to decision package 83, waterfront emergency study. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DENY THE REQUEST FOR $50,000 IN 2024. Councilmember Teitzel provided the following justification for his motion: This item proposes $50,000 for a restudy of Edmonds waterfront emergency response options to enhance response to fires, disasters and medical emergencies on the Edmonds waterfront. It appears this funding is to underwrite consultant expenses for this study. Instead, this effort should be assigned to a task force for further study consisting of the City, the Port, citizens, BNSF, etc. to identify creative solutions for this need. Councilmember Buckshnis said she also had this amendment on her radar. She anticipates taskforces will be common next year as the City thinks of creative ways to do things. Waterfront emergency response options were studied previously by a committee that included then-Councilmember Mike Nelson. She recalled the committee studied 45 different options and suggested pulling that information off the shelf and considering next year whether further study is needed.. Councilmember Chen expressed support for the amendment, agreeing this $50,000 study was not a good use of City funds. The previous administration generated extensive study materials and he suggested working closely with the Port to find solutions. Edmonds City Council Draft Minutes November 14, 2023 Page 24 Packet Pg. 75 7.2.a Councilmember Nand spoke in favor of the motion, recalling a question regarding what the fire department would do if a scenario occurred where trains blocked the tracks and Fire Chief Thad Hovis said he had already talked to Police Chief Bennett and their solution would be to try to get life sustaining equipment through gaps in the train cars to stabilize the person until they could be evacuated. This is something emergency services is already trying to solve and the City did not need to devote $50,000 to it. MOTION CARRIED UNANIMOUSLY. Councilmember Teitzel referred to decision package 87, land acquisition support, $50,000 in additional funding to support a real estate professional to help the City find additional park and green space. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DENY DECISION PACKAGE 87. Councilmember Teitzel provided the following justification for his motion: This decision package proposes incremental $50,000 in funding to support real estate professional consulting services to assist the city in seeking additional open space acquisition for green space/parks. This request should be denied at this time. In view of the city's current fiscal instability, every effort must be made to reduce ongoing expenditures. In view of the total number of properties that have been identified over the past 12 months for potential acquisition, it is not apparent this investment is providing adequate ROI for the city. Further, the funding source for this position is REET 1. The savings associated with denial of this request can be reallocated to other critical Parks needs. Councilmember Teitzel relayed his understanding this is primarily for the Longbay consultant who has been helpful in providing insights and leads on property. He understood part of this investment would support Longbay's work on the Landmark property which is very much in question with regard to whether it will proceed, a decision that will be made in the next month. He did not think it was appropriate to expand the funding for Longbay in 2024. Councilmember Paine asked Parks, Recreation & Human Services Director Angie Feser how she anticipated the funds would be used in the coming year. Ms. Feser clarified the $50,000 request in parks capital is spending authority, not an amendment to the existing contract with Longbay Enterprises. If the council does not want $50,000 to be allocated to Longbay, when that budget amendment comes forward, it can be denied. This is spending authority to support activities related to land acquisition for parks. For example, if the City is approached by an individual about making a land donation for park property, funds are needed to do the necessary work. If staff wants to apply for an RCO grant for land acquisition, there are requirements for appraisals and appraisal review. This $50,000 in spending authority would be a source for that service. This is not money earmarked for the Landmark 99 property; there is a separate contract with Longbay Enterprises for work related to Landmark 99. The contract with Longbay Enterprises has reached its capacity and to continue using Longbay, an amendment is necessary which was denied by the PPW committee last month and staff can no longer use Longbay Enterprises' services at this time. This allocation would be for City resources to pursue park land acquisition in 2024. Councilmember Paine said she did not support the amendment and wanted the funds maintained in the land acquisition category so there will be some flexibility when opportunities arise. Councilmember Buckshnis asked if the contract with Longbay has reached $150,000. Ms. Feser answered there is approximately $2,000 left of the $150,000 allocation. Councilmember Buckshnis asked if Longbay was working on the Landmark property. Ms. Feser answered the economic development department has a smaller contract with Longbay to work on Landmark 99. Councilmember Buckshnis Edmonds City Council Draft Minutes November 14, 2023 Page 25 Packet Pg. 76 7.2.a asked if Director Tatum used his $50,000 contractual limit to single source the contract with Longbay. Ms. Feser said Mr. Tatum could answer that, but that was her general understanding. Councilmember Buckshnis said many commercial real estate people have asked her why Longbay was utilized. She recalled it began as a single source which was within Ms. Feser's $50,000 limit. She expressed concern with the contract morphing into something should have been a competitive process. She knows a lot about this company and did not think the council should support or promote a single source contract that is now up to almost $200,000 with no RFP. She will not support this funding allocation and recommended future councils look closely at utilizing real estate consultants when there are many commercial real estate people who will do appraisals and market research for free. Council President Pro Tem Olson wanted to ensure the council understood what this item entailed; it is just the authority to look at things, but it is also a budget item with money attached. Ms. Feser agreed, explaining if the council approved the $50,000 decision package, it authorized staff to spend up to $50,000 on activities and professional services related to potential park land acquisition. Council President Pro Tem Olson commenting going into this budget process and thinking about the City's financial situation and what the council can and cannot do fiscally and what the priorities are for the limited funds in the budget and no operating reserves to fall back on for budget amendments, she isolated one area of south Edmonds west of Highway 99 as the worst, most barren area in terms of park coverage. COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND FOR HALF AN HOUR. Councilmember Buckshnis raised a point of order, asking if the meeting could be extended once the time of adjournment had been reached/exceeded. Mayor Pro Tem Tibbott said he brought the issue up at 9 p.m. City Attorney Jeff Taraday said he was not concerned about 30 seconds past 9 p.m. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS TEITZEL, CHEN, BUCKSHNIS AND NAND AND COUNCIL PRESIDENT PRO TEM OLSON VOTING YES; MAYOR PRO TEM TIBBOTT AND COUNCILMEMBER PAINE VOTING NO. Council President Pro Tem Olson continued, she would like council to consider limiting this to $10,000 and for only one area and not spend any time or effort looking for land in other areas because the City doesn't have the money to proceed. However, the nature of real estate is the City sometimes only gets one crack at a parcel. The park need is that desperate in that area that the City should not miss out on a chance for park land there. COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED COUNCILMEMBER TEITZEL, TO AMEND TO CHANGE THE TOTAL TO $10,000 AND RESTRICT ITS USE ONLY TO PROPERTY IN SOUTHEAST EDMONDS WEST OF HIGHWAY 99. UPON ROLL CALL, MOTION FAILED (2-5), COUNCILMEMBER TEITZEL AND COUNCIL PRESIDENT PRO TEM OLSON VOTING YES; COUNCILMEMBERS CHEN, BUCKSHNIS, PAINE AND NAND AND MAYOR PRO TEM TIBBOTT VOTING NO. Councilmember Chen said in light of the budget situation, he will support the motion. Some past experiences with parkland acquisitions have been unsuccessful although the Mee property acquisition was successful due to Ms. Feser's efforts and in that case, the property owner approached the City. If opportunities arise in 2024, staff could propose a budget amendment for any funding that is needed. For now, he will support removing this $50,000 decision package from the budget. Edmonds City Council Draft Minutes November 14, 2023 Page 26 Packet Pg. 77 7.2.a Councilmember Nand was opposed to removing $50,000 from the budget. Ms. Feser has explained how Longbay is able to do contracting to ensure property is suitable without the City going through an arduous RFP process. If parks does not have the ability to use real estate services such as Longbay, it becomes much more administratively difficult for staff to move nimbly. Ms. Feser has had a lot of success in 2022 and 2023. This decision package is funded by REET and it is entirely appropriate to devote REET toward acquiring additional park land for underserved areas of the community. As opportunities arise, she preferred to allow Ms. Feser do her job nimbly and quickly. With the Mee property and stormwater floodplain property on the south side of Lake Ballinger, Ms. Feser has been successful in finding grant funds to better serve the community. Hamstringing Ms. Feser and not allowing her to continue to do this important work would be shortsighted. Mayor Pro Tem Tibbott did not support the motion as the request is for spending authority, not an actual expense. He echoed he comments made by Councilmember Nand. COUNCIL PRESIDENT PRO TEM OLSON MOVED TO AMEND THE DECISION PACKAGE SO THE AUTHORITY ONLY APPLIES TO PROPERTIES BEING SOUGHT IN SOUTHEAST EDMONDS WEST OF HIGHWAY 99 AND DONATED PROPERTIES THE CITY WANTS TO VET. MOTION DIED FOR LACK OF A SECOND. Councilmember Buckshnis clarified Longbay had nothing to do with the property that received a grant, that grant was obtained by the wonderful staff in stormwater. Longbay is a single source contract; in the past property owners have always approached the City and the City did not need to spend money, even REET funds, to have a company identify property unless there an RFP was done. The Longbay contract is up to almost $200,000. Mayor Pro Tern Tibbott relayed his understanding that staff is not asking Longbay to search for properties, this is spending authority to respond to opportunities, especially in the areas mentioned. Ms. Feser clarified this is not requesting an amendment to Longbay's contract, expanding their services, or giving them more money to do more work. It is simply asking for authority for up to $50,000 for work around potential parkland acquisition or donation. Longbay Enterprise doing any additional work is an entirely different subject that requires council approval. If staff feels that is important, it will be bought to council and council can decide if Longbay should continue providing those services in that capacity. She reminded council approved the contract with Longbay at $100,000 and has reviewed and approved it twice. This is not a surprise or something new, it has been before council in the past. This decision package does not expand that contract or award money to Longbay Enterprises, it is simply related to doing due diligence around potential parkland acquisition. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS TEITZEL, CHEN, AND BUCKSHNIS AND COUNCIL PRESIDENT PRO TEM OLSON VOTING YES; MAYOR PRO TEM TIBBOTT AND COUNCILMEMBERS PAINE AND NAND VOTING NO. COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REMOVE THE TRANSFER FROM CAPITAL DEFERRED MAINTENANCE BOND FUNDS TO THE GENERAL FUND FROM DECISION PACKAGE 65 AND RETURN IT TO ITS ORIGINAL PURPOSE, DEFERRED MAINTENANCE. Council President Pro Tern Olson remembered being part of the conversation about the need to bond to address the backlog of deferred maintenance projects. The case was aptly made that when repairs are put off, the additional damage caused makes the project more costly than if the original repair had been done. That is the situation the City is in with its deferred maintenance projects. She verified that the City has the Job Order Contracts (JOC) and staff to do projects if these funds are not used for General Fund purposes and actually used to for the intended purpose, to address deferred maintenance. She strongly urged Edmonds City Council Draft Minutes November 14, 2023 Page 27 Packet Pg. 78 7.2.a councilmembers to support taking that out of decision package 65 and returning it to Fund 016 to accomplish deferred maintenance. Councilmember Buckshnis expressed support for the motion. Approximately $1.2 million in delayed maintenance projects were accomplished this year. Decision package 63 includes $660,000 in bond - funded deferred maintenance projects. The bond was intended for deferred building maintenance and the funds should be used for that purpose. Councilmember Chen expressed support for the motion. Bonding was done for backlogged and desperately needed deferred maintenance. The bond funds were borrowed and the City pays interest on those funds so the funds needs to be used for specific purpose. Moving those funds to the General Fund would be very costly and not a good financial move. Mayor Pro Tem Tibbott spoke in favor of the motion although it was with some hesitancy. One way he would support transferring the funds would be if there was a designated fund where deferred building maintenance would be guaranteed at a fixed amount for the next years. However, that proposal has not been made so he will support removing the transfer of funds from the decision package. Councilmember Buckshnis advised she had not yet seen the memo, but the council's legislative assistant contacted bond counsel who indicated there is a way around this which deals with arbitrage. She knew banks have failed due to arbitrage although she recognized that the City could not fail. She was unsure it was possible to transfer bond funds. Councilmember Chen asked if the funds remain in Fund 016 for 2024, given the experience in 2023 when the funds have not been used, does public works have the human resources to implement backlogged maintenance projects. Mr. Antillon answered the department is getting better at delivering on projects such as using JOC to do the work. Public works asked for additional project manager position to oversee the projects. This year's condition assessment was just completed which shows the City's building are falling behind; that information will be presented to council in the next month. Councilmember Chen said that reaffirmed his decision to support this budget amendment. Council President Pro Tem Olson restated the motion: DECISION PACKAGE 65, STRIKE THE TRANSFER OF MONEY FROM 016 TO THE GENERAL FUND SO $2 MILLION STAYS IN DEFERRED MAINTENANCE INSTEAD OF BEING TRANSFERRED TO THE GENERAL FUND. MOTION CARRIED UNANIMOUSLY. Councilmember Buckshnis asked if the salaries recommended by the salary commission could be postponed. Mr. Taraday answered no, the council cannot take any action related to the salary commission's final determination of elected officials salaries. Mayor Pro Tem Tibbott advised a special council meeting will be held on Monday, November 20, 4:30- 6:30 p.m. to consider budget adjustments proposed by staff. Any remaining time will be devoted to budget amendments. The regularly scheduled council meeting will also be held on Tuesday, November 22. 11. ADJOURN With no further business, the Council meeting was adjourned at 9:23 p.m. Edmonds City Council Draft Minutes November 14, 2023 Page 28 Packet Pg. 79 7.3 City Council Agenda Item Meeting Date: 11/21/2023 Approval of claim checks and wire payments. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #259983 through #260110 dated November 9, 2023 for $984,490.88, checks #260111 through #260237 dated November 16, 2023 for $654,731.34 and wire payments of $8,448.30, $5,250.00 & $44,462.53. 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 11-09-23 Agenda copy Claims 11-16-23 agenda copy Packet Pg. 80 7.3.a apPosPay Positive Pay Listing Page: 1 11/9/2023 9:55:11AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 065052 AARD PEST CONTROL 259983 11/9/2023 213.27 064088 ADT COMMERCIAL 259984 11/9/2023 254.31 075132 AERZEN USA CORP 259985 11/9/2023 30,642.35 074143 AFFORDABLE WA BACKFLOW TESTING 259986 11/9/2023 514.37 001528 AM TEST INC 259987 11/9/2023 575.00 069751 ARAMARK UNIFORM SERVICES 259988 11/9/2023 351.61 069751 ARAMARK UNIFORM SERVICES 259989 11/9/2023 502.05 075523 ART WALK EDMONDS 259990 11/9/2023 2,600.00 064807 ATS AUTOMATION INC 259991 11/9/2023 3,928.28 079382 ATWELL LLC 259992 11/9/2023 5,767.00 070305 AUTOMATIC FUNDS TRANSFER 259993 11/9/2023 3,472.39 001801 AUTOMATIC WILBERT VAULT CO 259994 11/9/2023 1,922.00 071174 AXON ENTERPRISE INC 259995 11/9/2023 139,592.62 072325 BATTERIES PLUS 259996 11/9/2023 517.47 079401 BAUGHMAN, APRIL 259997 11/9/2023 209.83 012005 BENDIKSEN & BALL POLYGRAPH 259998 11/9/2023 300.00 028050 BILL PIERRE FORD INC 259999 11/9/2023 848.89 074307 BLUE STAR GAS 260000 11/9/2023 1,226.22 077181 BOYER ELECTRIC CO INC 260001 11/9/2023 174,294.98 002800 BRAKE & CLUTCH SUPPLY 260002 11/9/2023 866.67 079450 BYCHKIV, VIKTORIIA 260003 11/9/2023 98.50 018495 CALPORTLAND COMPANY 260004 11/9/2023 357.03 071816 CARLSON, JESSICA 260005 11/9/2023 1,102.20 075994 CARTER, ERIC 260006 11/9/2023 142.83 069813 CDW GOVERNMENT INC 260007 11/9/2023 2,256.76 003510 CENTRAL WELDING SUPPLY 260008 11/9/2023 1,094.96 069457 CITY OF EDMONDS 260009 11/9/2023 171.00 063902 CITY OFEVERETT 260010 11/9/2023 1,089.00 070323 COMCAST BUSINESS 260011 11/9/2023 292.90 065891 CONLEY, LISA M 260012 11/9/2023 560.00 065683 CORRY'S FINE DRY CLEANING 260013 11/9/2023 802.44 079445 CREATIVE FABRICATION 260014 11/9/2023 1,306.57 065961 CRYOTECH DEICING TECHNOLOGY 260015 11/9/2023 14,295.74 006200 DAILY JOURNAL OF COMMERCE 260016 11/9/2023 542.40 079452 DE NORMANDIE, BARBARA 260017 11/9/2023 87.40 047450 DEPT OF INFORMATION SERVICES 260018 11/9/2023 285.00 061860 DEPT OF LABOR & INDUSTRIES 260019 11/9/2023 90.00 072145 DISTINCTIVE WINDOWS INC 260020 11/9/2023 74,304.94 076172 DK SYSTEMS 260021 11/9/2023 3,455.13 079268 DOBBS PETERBILT 260022 11/9/2023 693.10 070244 DUANE HARTMAN & ASSOCIATES INC 260023 11/9/2023 2,032.09 007253 DUNN LUMBER 260024 11/9/2023 124.01 007625 EDMONDS ARTS FESTIVAL 260025 11/9/2023 2,600.00 007675 EDMONDS AUTO PARTS 260026 11/9/2023 137.57 076610 EDMONDS HERO HARDWARE 260027 11/9/2023 781.44 008812 ELECTRONIC BUSINESS MACHINES 260028 11/9/2023 606.46 009350 EVERETT DAILY HERALD 260029 11/9/2023 254.56 079184 FORMA CONSTRUCTION COMPANY 260030 11/9/2023 1,248.82 077248 FRIDAY HARBOR JOLLY TROLLEY 260031 11/9/2023 7,960.00 074358 GEO-TEST SERVICES 260032 11/9/2023 8,111.50 068617 GLEISNER, BARBARA 260033 11/9/2023 1,002.18 063137 GOODYEAR AUTO SERVICE CENTER 260034 11/9/2023 4,151.15 012199 GRAINGER 260035 11/9/2023 2,668.66 Page: 1 Packet Pg. 81 apPosPay Positive Pay Listing 11/9/2023 9:55:11AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 066575 HERC RENTALS INC 260036 11/9/2023 2,425.50 072647 HERRERA ENVIRONMENTAL 260037 11/9/2023 4,638.12 076240 HM PACIFIC NORTHWEST INC 260038 11/9/2023 608.18 067862 HOME DEPOT CREDIT SERVICES 260039 11/9/2023 24.19 061013 HONEY BUCKET 260040 11/9/2023 872.85 076488 HULBERT, MATTHEW STIEG 260041 11/9/2023 500.00 077075 HWANG, JOSH 260042 11/9/2023 174.25 014940 INTERSTATE BATTERY SYSTEMS 260043 11/9/2023 245.33 076320 IRONCLAD COMPANY 260044 11/9/2023 4,569.18 079338 JANA BARKER ELIASON 260045 11/9/2023 638.00 075646 K-A GENERAL CONST CONTRACTOR 260046 11/9/2023 24,084.82 071137 KIDZ LOVE SOCCER 260047 11/9/2023 3,624.40 079069 KISHA POST 260048 11/9/2023 4,690.00 078360 LANGUAGE LINE SOLUTIONS 260049 11/9/2023 1,172.06 075016 LEMAY MOBILE SHREDDING 260050 11/9/2023 13.05 078471 LEMM, KEVIN 260051 11/9/2023 607.88 074848 LONG BAY ENTERPRISES INC 260052 11/9/2023 531.25 075716 MALLORY PAINT STORE INC 260053 11/9/2023 1,662.87 068489 MCLOUGHLIN & EARDLEY GROUP INC 260054 11/9/2023 648.41 020900 MILLERS EQUIP & RENT ALL INC 260055 11/9/2023 989.57 079223 MOORE, ANGELA 260056 11/9/2023 323.40 018950 NAPA AUTO PARTS 260057 11/9/2023 357.43 067834 NATIONAL CONSTRUCTION RENTALS 260058 11/9/2023 39.78 064570 NATIONAL SAFETY INC 260059 11/9/2023 60.47 070855 NAVIA BENEFIT SOLUTIONS 260060 11/9/2023 332.40 075542 NORTHWEST LANDSCAPE SUPPLY 260061 11/9/2023 436.87 072739 O'REILLYAUTO PARTS 260066 11/9/2023 82.81 070166 OFFICE OF THE STATE TREASURER 260062 11/9/2023 15,210.37 073714 OLBRECHTS & ASSOC PLLC 260063 11/9/2023 3,540.58 026200 OLYMPIC VIEW WATER DISTRICT 260064 11/9/2023 3,144.75 079393 ONE.7INC 260065 11/9/2023 1,033.87 027060 PACIFIC TOPSOILS 260067 11/9/2023 3,022.50 028860 PLATT ELECTRIC SUPPLY 260068 11/9/2023 191.03 077461 PUGET SOUND PLANTS INC 260069 11/9/2023 15.43 075769 QUADIENT LEASING USA INC 260070 11/9/2023 770.08 079453 QUALITY PRESS INC 260071 11/9/2023 4,012.57 030780 QUIRING MONUMENTS INC 260072 11/9/2023 1,326.00 062657 REGIONAL DISPOSAL COMPANY 260073 11/9/2023 6,265.35 061540 REPUBLIC SERVICES #197 260074 11/9/2023 1,737.77 064769 ROMAINE ELECTRIC 260075 11/9/2023 1,230.76 033550 SALMON BAY SAND & GRAVEL 260076 11/9/2023 2,108.34 067802 SAN DIEGO POLICE EQUIP CO 260077 11/9/2023 7,205.43 066964 SEATTLE AUTOMOTIVE DIST INC 260078 11/9/2023 1,016.01 067076 SEATTLE PUMP AND EQUIPMENT CO 260079 11/9/2023 122.07 063306 SHERWIN-WILLIAMS 260080 11/9/2023 158.45 036955 SKY NURSERY 260081 11/9/2023 479.66 075590 SMARSH INC 260082 11/9/2023 45.88 037375 SNO CO PUD NO 1 260084 11/9/2023 22,284.89 076433 SNOHOMISH COUNTY 911 260085 11/9/2023 79,997.25 070167 SNOHOMISH COUNTY TREASURER 260086 11/9/2023 163.56 038300 SOUND DISPOSAL CO 260087 11/9/2023 2,108.50 038410 SOUND SAFETY PRODUCTS 260088 11/9/2023 165.69 068439 SPECIALTY DOOR SERVICE 260089 11/9/2023 1,669.66 079451 STEVEN GILBERT 260090 11/9/2023 916.65 Page: 2 Packet Pg. 82 apPosPay Positive Pay Listing 11/9/2023 9:55:11AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 075025 THE BRANDING IRON LLC 260091 11/9/2023 1,359.21 079136 THE GORDIAN GROUP INC 260092 11/9/2023 8,268.67 079379 THE PARK CATALOG 260093 11/9/2023 6,846.58 066056 THE SEATTLE TIMES 260094 11/9/2023 2,000.00 079359 THE WALLS LAW FIRM INC 260095 11/9/2023 25,000.00 038315 TK ELEVATOR CORPORATION 260096 11/9/2023 7,513.84 073310 UNISAFE INC 260097 11/9/2023 549.56 067216 VIKING AUTOMATIC SPRINKLER CO 260098 11/9/2023 4,366.09 068259 WA ST CRIMINAL JUSTICE 260099 11/9/2023 800.00 067917 WALLY'STOWING INC 260100 11/9/2023 280.92 065035 WASHINGTON STATE PATROL 260101 11/9/2023 417.50 067195 WASHINGTON TREE EXPERTS 260102 11/9/2023 10,248.88 078314 WASTE MGMT DISPOSAL SVC OF OR 260103 11/9/2023 166,895.72 075635 WCP SOLUTIONS 260104 11/9/2023 51.72 077188 WELCOME MAGAZINE 260105 11/9/2023 3,456.00 079377 WESTERN MECHANICAL & CONTROLS 260106 11/9/2023 12,618.66 069691 WESTERN SYSTEMS 260107 11/9/2023 12,557.92 079243 YOUNG MARKETING 260108 11/9/2023 2,000.00 011900 ZIPLY FIBER 260109 11/9/2023 343.15 051282 ZUMAR INDUSTRIES INC 260110 11/9/2023 1,314.64 GrandTotal: 984,490.88 Total count: 127 Page: 3 Packet Pg. 83 7.3.b apPosPay Positive Pay Listing Page: 1 11/16/2023 7:04:47AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 076040 911 SUPPLY INC 260111 11/16/2023 2,272.57 073947 A WORKSAFE SERVICE INC 260112 11/16/2023 240.00 070322 A&A LANGUAGE SERVICES INC 260113 11/16/2023 1,963.04 061029 ABSOLUTE GRAPHIX 260114 11/16/2023 333.04 074143 AFFORDABLE WA BACKFLOW TESTING 260115 11/16/2023 514.37 000850 ALDERWOOD WATER DISTRICT 260116 11/16/2023 162,604.80 079459 ALL CLIMATE HEATING & AC 260117 11/16/2023 118.40 069751 ARAMARK UNIFORM SERVICES 260118 11/16/2023 661.77 069751 ARAMARK UNIFORM SERVICES 260119 11/16/2023 465.66 064341 AT&T MOBILITY 260120 11/16/2023 1,749.08 001777 AURORA PLUMBING & ELECTRIC 260121 11/16/2023 31.42 070305 AUTOMATIC FUNDS TRANSFER 260122 11/16/2023 1,699.24 002170 BARTON, RONALD 260123 11/16/2023 520.16 072577 BAURECHT, MAGRIT 260124 11/16/2023 500.00 069989 BERK CONSULTING INC 260125 11/16/2023 4,643.75 074307 BLUE STAR GAS 260126 11/16/2023 1,163.58 075342 BORUCHOWITZ, ROBERT 260127 11/16/2023 1,402.50 002840 BRIM TRACTOR CO INC 260128 11/16/2023 115.51 072005 BROCKMANN, KERRY 260129 11/16/2023 2,102.75 018495 CALPORTLAND COMPANY 260130 11/16/2023 414.45 073029 CANON FINANCIAL SERVICES 260131 11/16/2023 516.88 003510 CENTRAL WELDING SUPPLY 260132 11/16/2023 284.31 074537 CITY OF BELLEVUE 260133 11/16/2023 8,325.04 035160 CITY OF SEATTLE 260134 11/16/2023 25.20 073135 COGENT COMMUNICATIONS INC 260135 11/16/2023 661.59 070323 COMCAST BUSINESS 260136 11/16/2023 55.85 076107 COMPASS HEALTH 260137 11/16/2023 9,220.10 075384 CONOM LAW FIRM PLLC 260138 11/16/2023 3,083.34 075648 COVICH-WILLIAMS CO INC 260139 11/16/2023 252.33 005965 CUES INC 260140 11/16/2023 2,077.54 074444 DATAQUEST LLC 260141 11/16/2023 324.00 078419 DIAMOND PARKING 260142 11/16/2023 3,000.00 064531 DINES, JEANNIE 260143 11/16/2023 672.00 076172 DK SYSTEMS 260144 11/16/2023 2,602.14 065739 DTG RECYCLE 260145 11/16/2023 243.94 007253 DUNN LUMBER 260146 11/16/2023 169.29 007675 EDMONDS AUTO PARTS 260147 11/16/2023 578.77 065065 EDMONDS DAYBREAKERS FOUNDATION 260148 11/16/2023 2,500.00 076610 EDMONDS HERO HARDWARE 260149 11/16/2023 430.99 008550 EDMONDS SCHOOL DISTRICT#15 260150 11/16/2023 250.00 008705 EDMONDS WATER DIVISION 260151 11/16/2023 4,176.97 008812 ELECTRONIC BUSINESS MACHINES 260152 11/16/2023 687.99 078919 EMERALD CITY FLOORBALL 260153 11/16/2023 1,076.40 009350 EVERETT DAILY HERALD 260154 11/16/2023 46.44 075673 FARMER, MARIA 260155 11/16/2023 130.00 071026 FASTSIGNS OF LYNNWOOD 260156 11/16/2023 89.44 009815 FERGUSON ENTERPRISES INC 260157 11/16/2023 2,137.52 075538 GAMEZ, OMAR 260158 11/16/2023 113.97 079233 GOODNIGHT, BRIAN 260159 11/16/2023 8,020.00 012199 GRAINGER 260160 11/16/2023 2,538.49 079389 GREEN DARNER GARDEN DESIGN 260161 11/16/2023 50.00 079458 HAMPTON, DUSTIN 260162 11/16/2023 392.14 078272 HARRINGTON, SHEILAANNE 260163 11/16/2023 260.00 Page: 1 Packet Pg. 84 apPosPay Positive Pay Listing Q.3.bl 11/16/2023 7:04:47AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 013140 HENDERSON, BRIAN 260164 11/16/2023 315.70 066575 HERC RENTALS INC 260165 11/16/2023 3,752.91 013500 HINGSON, ROBERT 260166 11/16/2023 3,326.67 078923 HKAGLOBAL INC 260167 11/16/2023 5,002.50 067862 HOME DEPOT CREDIT SERVICES 260168 11/16/2023 2,111.00 067862 HOME DEPOT CREDIT SERVICES 260169 11/16/2023 225.92 075966 HULBERT, CARRIE 260170 11/16/2023 2,766.67 076488 HULBERT, MATTHEW STIEG 260171 11/16/2023 600.00 073548 INDOFF INCORPORATED 260172 11/16/2023 107.74 014940 INTERSTATE BATTERY SYSTEMS 260173 11/16/2023 195.95 077160 J&KASSOCIATES INC 260174 11/16/2023 862.50 078965 KAISER FOUNDATION HEALTH PLAN 260175 11/16/2023 4,202.00 074135 LAFAVE, CAROLYN 260176 11/16/2023 521.58 017135 LANDAU ASSOCIATES INC 260177 11/16/2023 6,906.25 074417 LAW OFFICE OF CHRISTIAN SMITH 260178 11/16/2023 5,093.25 073603 LIGHTHOUSE LAW GROUP PLLC 260179 11/16/2023 75,313.50 074848 LONG BAY ENTERPRISES INC 260180 11/16/2023 1,008.75 079457 LTI INC 260181 11/16/2023 7,115.82 076001 LUCIE R BERNHEIM, ATTYAT LAW 260182 11/16/2023 600.00 076177 MCKINSTRY LOCKBOX 260183 11/16/2023 120,717.04 075746 MCMURRAY, LAURA 260184 11/16/2023 173.72 020900 MILLERS EQUIP & RENT ALL INC 260185 11/16/2023 1,738.45 018950 NAPA AUTO PARTS 260186 11/16/2023 116.65 062204 NELSON TRUCK EQUIP CO INC 260187 11/16/2023 527.09 079455 NIESEL, SEAN 260188 11/16/2023 33.75 075520 NOBLE, LINDA 260189 11/16/2023 260.00 075542 NORTHWEST LANDSCAPE SUPPLY 260190 11/16/2023 82.95 073012 NORTHWEST SIGN RECYCLING 260191 11/16/2023 368.88 002203 OWEN EQUIPMENT COMPANY 260192 11/16/2023 2,223.28 075735 PACIFIC SECURITY 260193 11/16/2023 5,001.50 077408 PAINE, SUSAN 260194 11/16/2023 1,500.00 071488 PARENTMAP 260195 11/16/2023 2,310.00 072507 PEACE OF MIND OFFICE SUPPORT 260196 11/16/2023 312.00 079442 PFLEIDERER, ANGELA 260197 11/16/2023 74.75 028860 PLATT ELECTRIC SUPPLY 260198 11/16/2023 265.19 078800 POPA & ASSOCIATES 260199 11/16/2023 300.00 029117 PORT OF EDMONDS 260200 11/16/2023 4,567.65 079020 PRECISION LANGUAGE SERVICES 260201 11/16/2023 260.00 062657 REGIONAL DISPOSAL COMPANY 260202 11/16/2023 8,242.92 079175 RING, KIM 260203 11/16/2023 73.10 078906 RIVERA, WHITNEY 260204 11/16/2023 1,753.20 068657 ROBERT HALF 260205 11/16/2023 4,620.00 079456 RODRIGUEZ, RAPHAEL 260206 11/16/2023 60.00 076752 SAFAROVA- DOWNEY, ALMIRA 260207 11/16/2023 130.00 079387 SAYBR CONTRACTORS INC 260208 11/16/2023 4,909.06 066964 SEATTLE AUTOMOTIVE DIST INC 260209 11/16/2023 203.05 066918 SEDOR, NORMAN 260210 11/16/2023 7,000.00 079080 SENTRY EQUIPMENT CO 260211 11/16/2023 9,907.74 070495 SEPULVEDA, PABLO 260212 11/16/2023 780.00 071655 SHI INTERNATIONAL CORP 260213 11/16/2023 882.44 075628 SNO CO DEPT OF EMERG MGMT 260214 11/16/2023 14,876.50 075543 SNO CO PUBLIC DEFENDER ASSOC 260215 11/16/2023 36,290.00 037375 SNO CO PUD NO 1 260216 11/16/2023 5,917.04 072776 SNOHOMISH CONSERVATION DIST 260217 11/16/2023 5,164.90 Page: 2 Packet Pg. 85 7.3.b apPosPay Positive Pay Listing 11/16/2023 7:04:47AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 006630 SNOHOMISH COUNTY 260218 11/16/2023 957.00 068618 SNOHOMISH COUNTY PARKS DEPT 260219 11/16/2023 423.00 038300 SOUND DISPOSAL CO 260220 11/16/2023 823.86 079383 SOUTHERN CARLSON INC 260221 11/16/2023 264.34 039775 STATE AUDITOR'S OFFICE 260222 11/16/2023 10,632.30 077170 STRANGE, RHESHAUN 260223 11/16/2023 1,176.18 077312 SUBMITTABLE 260224 11/16/2023 4,175.71 065578 SYSTEMS INTERFACE INC 260225 11/16/2023 1,138.26 040917 TACOMA SCREW PRODUCTS INC 260226 11/16/2023 4,965.35 027269 THE PART WORKS INC 260227 11/16/2023 803.79 066056 THE SEATTLE TIMES 260228 11/16/2023 6,748.59 075141 TREATMENT EQUIPMENT COMPANY 260229 11/16/2023 6,851.00 074800 TURNSTYLE INC 260230 11/16/2023 450.00 067865 VERIZON WIRELESS 260231 11/16/2023 27.44 067195 WASHINGTON TREE EXPERTS 260232 11/16/2023 2,375.75 075635 WCP SOLUTIONS 260233 11/16/2023 4,165.85 047960 WEAN, GREG 260234 11/16/2023 283.80 069691 WESTERN SYSTEMS 260235 11/16/2023 5,573.88 071634 ZAYO GROUP LLC 260236 11/16/2023 1,840.43 011900 ZIPLY FIBER 260237 11/16/2023 874.49 GrandTotal: 654,731.34 Total count: 127 Page: 3 Packet Pg. 86 7.4 City Council Agenda Item Meeting Date: 11/21/2023 Approval of payroll and benefit checks, direct deposit and wire payments. Staff Lead: Kimberly Dunscombe Department: Administrative Services Preparer: Lori Palmer Background/History Approval of replacement check #65858, payroll checks #65859 through #65863 dated November 3, 2023 for $11,272.25, payroll direct deposit for $856,392.32, benefit checks #65864 through #65868 and wire payments for $749,404.39 for the pay period of October 16, 2023 to October 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: 11-01-2023 replacement check benefit checks summary 10-31-2023 payroll earnings summary 10-31-2023 Packet Pg. 87 pyRepChk Replaced Checks Listing Pag� 11/01/2023 3:07PM City of Edmonds Bank: usbank US Bank Account: 153595247732 Original check Check date Voided Check Amt DID Amt Paid to 65726 06/20/2023 11/01/2023 4,147.28 0.00 flex NAVIA BENEFIT SOLUTIONS - Total for bank: 4,147.28 0.00 Total checks: 4,147.28 0.00 Repl check Check date Status Status dat 65858 11 /1 /2023 El 1 original check in this report Packet Pg. 88 Benefit Checks Summary Report City of Edmonds Pay Period: 1,106 - 10/16/2023 to 10/31/2023 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 65864 11/03/2023 bpas BPAS 5,701.87 0.00 65865 11/03/2023 chap1 CHAPTER 13 TRUSTEE 175.00 0.00 65866 11/03/2023 icma MISSIONSQUARE PLAN SERVICES 6,157.81 0.00 65867 11/03/2023 flex NAVIA BENEFIT SOLUTIONS 4,563.50 0.00 65868 11/03/2023 afscme WSCCCE, AFSCME AFL-CIO 3,038.90 0.00 19,637.08 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3590 11/03/2023 pens DEPT OF RETIREMENT SYSTEMS 381,980.60 0.00 3593 11/03/2023 aflac AFLAC 3,292.80 0.00 3596 11/03/2023 us US BANK 164,000.84 0.00 3597 11/03/2023 mebt WTRISC FBO #N3177B1 139,823.17 0.00 3598 11/03/2023 pb NATIONWIDE RETIREMENT SOLUTION 4,585.00 0.00 3599 11/03/2023 wadc WASHINGTON STATE TREASURER 35,379.90 0.00 3600 11/03/2023 oe OFFICE OF SUPPORT ENFORCEMENT 705.00 0.00 729,767.31 0.00 Grand Totals: 749,404.39 0.00 7.4.b 11/1/2023 Packet Pg. 89 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,106 (10/16/2023 to 10/31/2023) Hour Type Hour Class Description Hours Amount 111 ABSENT NO PAY LEAVE 8.00 0.00 120 SICK SICK LEAVE - L & 1 40.00 1,502.72 121 SICK SICK LEAVE 841.00 36,286.86 122 VACATION VACATION 1,045.75 52,010.31 123 HOLIDAY HOLIDAY HOURS 199.00 8,816.77 124 HOLIDAY FLOATER HOLIDAY 29.00 1,282.72 125 COMP HOURS COMPENSATORY TIME 251.50 11,383.85 128 HOLIDAY Holiday Bank WWTP 29.75 1,318.01 129 SICK Police Sick Leave L & 1 13.00 622.03 150 REGULAR HOURS Kelly Day Used 196.00 9,047.52 155 COMP HOURS COMPTIME AUTO PAY 110.16 6,424.35 160 VACATION MANAGEMENT LEAVE 86.00 6,593.89 170 REGULAR HOURS COUNCIL BASE PAY 500.00 7,083.30 175 REGULAR HOURS COUNCIL PAY FOR NO MEDICAL 0.00 3,244.24 190 REGULAR HOURS REGULAR HOURS 22,181.00 1,006,184.74 191 REGULAR HOURS FIRE PENSION PAYMENTS 3.00 4,462.19 193 REGULAR HOURS LIGHT DUTY 36.00 1,587.68 194 SICK Emerqencv Sick Leave 30.50 1,740.82 210 OVERTIME HOURS OVERTIME -STRAIGHT 11.25 493.61 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 3,175.92 216 MISCELLANEOUS STANDBY TREATMENT PLANT 4.00 495.50 220 OVERTIME HOURS OVERTIME 1.5 559.75 49,490.10 225 OVERTIME HOURS OVERTIME -DOUBLE 32.25 3,120.74 400 MISCELLANEOUS MISC PAY 0.00 200.00 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 1,035.55 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 3,162.02 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 -415.28 601 COMP HOURS ACCRUED COMP .5 0.25 0.00 602 COMP HOURS ACCRUED COMP 1.0 108.75 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 147.50 0.00 606 COMP HOURS ACCRUED COMP 2.0 5.25 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 333.97 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 245.87 colre MISCELLANEOUS Collision Reconstruction ist 0.00 54.76 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 201.58 11 /01 /2023 Packet Pg. 90 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,106 (10/16/2023 to 10/31/2023) Hour Type Hour Class Description Hours Amount 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% 0.00 919.04 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 420.60 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 10,749.46 firear MISCELLANEOUS FIREARMS INSTRUCTOR 0.00 487.05 fmla ABSENT FAMILY MEDICAL/NON PAID 56.00 0.00 fmis SICK FAMILY MEDICAL/SICK 96.00 3,822.00 k9 MISCELLANEOUS K-9 PAY 0.00 269.53 less MISCELLANEOUS LESS LETHAL INSTRUCTOR 0.00 98.73 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 879.94 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 1,477.09 Ig12 LONGEVITY Longevity 9% 0.00 1,422.60 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 1,271.57 Iq5 LONGEVITY Longevity 3% 0.00 2,792.30 Iq7 LONGEVITY Longevity 1.5% 0.00 562.08 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 138.08 pfmp ABSENT Paid Family Medical Unpaid/Sup 90.50 0.00 pfmv VACATION Paid Family Medical Vacation 50.50 2,519.89 phv MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 2,126.15 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 0.00 262.90 26,809.66 $1,255,792.15 Total Net Pay: $867,664.57 11 /01 /2023 Packet Pg. 91 7.5 City Council Agenda Item Meeting Date: 11/21/2023 Approval of payroll and benefit checks, direct deposit and wire payments. Staff Lead: Kimberly Dunscombe Department: Administrative Services Preparer: Lori Palmer Background/History Approval of check #65869 dated November 3, 2023 for $1,930.87, Holiday Buy Back checks #65870 through #65904 dated November 15, 2023 for $107,486.20, Holiday Buy Back direct deposit for $20,029.13, payroll checks #65905 through #65907 for $7,649.17, direct deposit for $859,177.62, benefit checks #65908 through #65914 and wire payments for $866,076.02 for the pay period of November 1, 2023 to November 15, 2023. Staff Recommendation Approval of payroll and benefit checks, direct deposit and wire payments. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of payments. Attachments: benefit checks summary 11-15-2023 payroll earnings summary holiday buy back payroll earnings summary 11-03-2023 payroll earnings summary 11-15-2023 Packet Pg. 92 Benefit Checks Summary Report City of Edmonds Pay Period: 1,107 - 11/01/2023 to 11/15/2023 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 65908 11/20/2023 bpas BPAS 8,508.63 0.00 65909 11/20/2023 chap1 CHAPTER 13 TRUSTEE 175.00 0.00 65910 11/20/2023 epoa2 EPOA-POLICE 6,762.00 0.00 65911 11/20/2023 epoa3 EPOA-POLICE SUPPORT 1,030.76 0.00 65912 11/20/2023 icma MISSIONSQUARE PLAN SERVICES 6,157.81 0.00 65913 11/20/2023 flex NAVIA BENEFIT SOLUTIONS 4,563.50 0.00 65914 11/20/2023 teams TEAMSTERS LOCAL 763 6,831.00 0.00 34,028.70 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3595 11/20/2023 awc AWC 440,498.30 0.00 3601 11/20/2023 us US BANK 190,231.97 0.00 3602 11/20/2023 mebt WTRISC FBO #N3177B1 150,884.71 0.00 3604 11/20/2023 pb NATIONWIDE RETIREMENT SOLUTION 4,585.00 0.00 3605 11/20/2023 wadc WASHINGTON STATE TREASURER 37,493.17 0.00 3607 11/20/2023 oe OFFICE OF SUPPORT ENFORCEMENT 705.00 0.00 824,398.15 0.00 Grand Totals: 858,426.85 0.00 7.5.a 0 a E 0 $D L_ Q s 0 0 c m c ca 0 L M CL 4- 0 M 0 L Q a Q M N 0 N LO CU E E n N N Q s 0 m c m c m E t 0 c� r r Q 11/16/2023 Packet Pg. 93 Hour Type Hour Class 153 HOLIDAY Payroll Earnings Summary Report City of Edmonds Pay Period: 1,166 (11/13/2023 to 11/15/2023) Description HOLIDAY BUY BACK Hours Amount 2,931.25 171,929.62 2,931.25 $171,929.62 Total Net Pay: $127,515.33 7.5.b 11/16/2023 Packet Pg. 94 Hour Type Hour Class 170 REGULAR HOURS 175 REGULAR HOURS Payroll Earnings Summary Report City of Edmonds Pay Period: 1,167 (11/03/2023 to 11/03/2023) Description COUNCIL BASE PAY COUNCIL PAY FOR NO MEDICAL Hours Amount 0.00 1,416.66 0.00 811.06 0.00 $2,227.72 Total Net Pay: $1,930.87 7.5.c 0 L Q. 0 CU i 0 L Q Q. Q co N O N M O Q CU E E N N C L CU d 0 L M CL Q 11/16/2023 Packet Pg. 95 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,107 (11/01/2023 to 11/15/2023) Hour Type Hour Class Description Hours Amount 111 ABSENT NO PAY LEAVE 10.00 0.00 121 SICK SICK LEAVE 771.25 37,551.54 122 VACATION VACATION 595.75 28,732.10 123 HOLIDAY HOLIDAY HOURS 53.50 2,189.31 124 HOLIDAY FLOATER HOLIDAY 31.00 1,231.98 125 COMP HOURS COMPENSATORY TIME 161.75 8,376.97 128 HOLIDAY Holiday Bank WWTP 76.25 3,566.84 129 SICK Police Sick Leave L & 1 13.00 664.80 131 MILITARY MILITARY LEAVE 60.00 3,056.19 141 BEREAVEMENT BEREAVEMENT 71.00 3,215.23 150 REGULAR HOURS Kelly Day Used 117.00 5,960.76 152 COMP HOURS COMPTIME BUY BACK 25.75 1,487.36 155 COMP HOURS COMPTIME AUTO PAY 142.40 7,706.78 160 VACATION MANAGEMENT LEAVE 53.00 4,321.90 190 REGULAR HOURS REGULAR HOURS 19,849.25 972,249.01 193 REGULAR HOURS LIGHT DUTY 17.00 904.91 194 SICK Emerqency Sick Leave 29.00 1,635.61 210 OVERTIME HOURS OVERTIME -STRAIGHT 159.50 8,950.23 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 3,395.16 216 MISCELLANEOUS STANDBY TREATMENT PLANT 2.00 224.72 220 OVERTIME HOURS OVERTIME 1.5 594.50 48,943.39 225 OVERTIME HOURS OVERTIME -DOUBLE 27.00 2,433.10 400 MISCELLANEOUS MISC PAY 0.00 2,000.00 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 768.84 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 2,779.23 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 -252.20 602 COMP HOURS ACCRUED COMP 1.0 150.25 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 162.25 0.00 606 COMP HOURS ACCRUED COMP 2.0 7.50 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 333.97 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 245.87 colre MISCELLANEOUS Collision Reconstruction ist 0.00 54.76 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 201.58 crt MISCELLANEOUS CERTIFICATION Ill PAY 0.00 113.61 ctr MISCELLANEOUS CTR INCENTIVES PROGRAM 0.00 220.00 11/16/2023 Packet Pg. 96 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,107 (11/01/2023 to 11/15/2023) Hour Type Hour Class Description Hours Amount 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% 0.00 919.04 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 420.60 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 10,749.46 firear MISCELLANEOUS FIREARMS INSTRUCTOR 0.00 487.05 fmla ABSENT FAMILY MEDICAL/NON PAID 80.00 0.00 fmlc COMP HOURS Family Medical Leave -Comp Used 24.00 1,266.82 fmis SICK FAMILY MEDICAL/SICK 80.00 3,474.54 hol HOLIDAY HOLIDAY 1,426.86 71,536.46 k9 MISCELLANEOUS K-9 PAY 0.00 269.53 less MISCELLANEOUS LESS LETHAL INSTRUCTOR 0.00 98.73 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 879.94 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 1,477.09 Ig12 LONGEVITY Lonqevity 9% 0.00 1,422.60 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 1,225.12 Iq5 LONGEVITY Longevity 3% 0.00 2,792.30 Iq7 LONGEVITY Longevity 1.5% 0.00 562.08 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 138.08 pfmp ABSENT Paid Family Medical Unpaid/Sup 71.50 0.00 pfmv VACATION Paid Family Medical Vacation 42.50 2,311.59 phy MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 2,126.15 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 0.00 262.90 24,952.76 $1,259,956.82 Total Net Pay: $866,826.79 11/16/2023 Packet Pg. 97 7.6 City Council Agenda Item Meeting Date: 11/21/2023 Snohomish County Jail Contract Extension Staff Lead: {Type Name of Staff Lead} Department: Police Services Preparer: Alexandra Ehlert Background/History The contract we have in place with Snohomish County Jail is up for expiration, it allows for a three year extension. They have requested an extension and we are asking that be approved. Staff Recommendation Approve the three year contract extension on consent. The Public Safety and Personnel Committee approved this to go to consent at the 11/14 meeting. Narrative <Type or insert text here> Attachments: Agreement_City of Edmonds_2021 Signed Extension Letter from Snohomish County Jail Packet Pg. 98 7.6.a INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF F & c., c, ,,%,5 This INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF'1-&ch a,A., (this "Agreement"), is made and entered into this %L\ day o o-a-..� , 2021, by and between SNOHOMISH COUNTY, a political subdivision of the State of Was iington (the "County"), and the CITY OF CA mg, a,),s , a municipal corporation of the State of Washington (the "City") pursuant to Chapter 39.34 RCW and Chapter 70.48 RCW (individually, a "Party" and collectively, the "Parties"). RECITALS A. The County, through the Snohornish County Sheriff's Office Corrections Bureau ("Corrections") currently maintains and operates a correctional facility known as Snohomish County Jail (the "Jail"). In order to assist other jurisdictions, the County from time to tirne will enter into interlocal agreements to confine in the ,Tail persons from other jurisdictions. B. The County and City each have the statutory power and authority to maintain and operate a correctional facility and to confine inmates therein. C. The City from time to time desires to confine in the Jail persons who have been arrested, detained or convicted by the City of criminal offenses (the "City Inmates"), and the County is willing to furnish its Jail facilities and personnel in exchange for payment frorn the City of fees and costs, all as more fully described in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City agree as follows: 1. Purpose of Agreement. This Agreement is authorized by and entered into pursuant to Chapter 39.34 RCW and Chapter 70.48 RCW. The purpose and intent of this Agreement is for the County and the City to work together efficiently and effectively in order that the County may provide the City with Jail Services (the "Services"), as defined in Section 4 below, based on the rules and conditions set forth in the Jail's policies, procedures, rules and regulations and in this Agreement and any attachments hereto. 2. Effective Date and Duration. This Agreement shall govern jail services beginning on January 1, 2021, through December 31, 2023, unless earlier terminated pursuant to the provisions of Section 12 below, PROVIDED HOWEVER, that the term of this Agreement may be extended or renewed for up to two (2) additional three (3) year terms by written notice from the County to the City, PROVIDED FURTHER that each Party's obligations after December 31, 2021, are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with applicable law. INTERLOCAL AGREEMENT FOR JAIL SERVICES I of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF C �rric�aa.5 Packet Pg. 99 7.ti.a This Agreement shall be either filed with the Snohomish County Auditor or listed on either Party's website or other electronically retrievable public source, as provided by RCW 39.34.040 ("Effective Date"). 3. Administrators. Each Party to this Agreement shall designate an individual (an "Administrator"), who may be designated by title or position, to oversee and administer such Party's participation in this Agreement. The Parties' initial Administrators shall be the following individuals: County's Initial Administrator: Jamie Kane, Corrections Bureau Chief Snohomish County Sheriff's Office Corrections Bureau 3000 Rockefeller Avenue M/S 509 Everett, Washington 98201 City's Initial Administrator: Qo\�- Vl ,IN 'VV�4u C W, -_S aS Q 6Y; c Either Party may change its Administrator at any time by delivering written notice of such Party's new Administrator to the other Party, 4. Scope of Services. As described in this Section 4 and subject to the conditions set forth in Section 5 below, the County will accept City Inmates for purposes of confinement, correction, punishment and/or rehabilitation, and hold such City Inmates until such time as they are lawfully discharged from custody pursuant to law, the terms of a judicial Order of Commitment, and/or returned to the custody of the City: 4.1 I?fl'ect ol'Ordinance, Policies, Procedures, Rules and Regulations. The Jail will be administered by the County in accordance with the ordinances, policies, procedures, rules and regulations of the County and in accordance with the rules and regulations of any agency of the State of Washington empowered to make rules governing the administration of county jails. The City and City Inmates shall be subject to the County's ordinances, policies, procedures, rules and regulations relating to Jail operations, including any emergency security rules imposed by the County's Administrator, PROVIDED, HOWEVER, that nothing in this Agreement shall be construed as creating, modifying, or expanding any duty on the part of the County except as specifically provided herein. Nothing in this Agreement shall be interpreted as a delegation by the City, or its judicial and law enforcement agencies, to the County of the duty to supervise City Inmates. 4.2 City Access to City Inmates. The City, its officers, employees, or agents, may interview City Inmates inside the confines of the Jail subject to necessary operational and security rules and regulations. Interview rooms will be made available on an equivalent basis to all jurisdictions with inmates confined in the Jail. 4.3 'Transport of City Inmates. The City shall provide or arrange for transportation and security of its inmates to and rrorn the Jail, including to and from City in -court appearances, except when (a) the County determines, in its sole discretion, that emergency INTERLOCAL AGREEMENT FOR JAIL SERVICES 2 of 12 BETWEEN SNOHOMISI-I COUNTY AND THE CITY OF Packet Pg. 100 7.6.a transportation is necessary in order to secure medical and/or psychiatric evaluation or treatment, or (b) the County determines, in its sole discretion, that transportation is required to support the orderly operation of the Jail. The City shall attempt to provide the County with at least twenty- four (24) hours' notice prior to transporting a City Inmate from the Jail. 4.4 Video Court. Upon request, and subject to availability and feasibility, the County will provide the City with use of the Jail's "Video Court" services, which include, by way of example but not by way of limitation, the following types of services: use of County video camera(s), audio technology, and the video courtroom facility; scheduling inmates for appearances by video; and transporting inmates to and frorn the video courtroom; PROVIDED, HOWEVER, that the County shall have no liability or obligation for the installation, operation, maintenance, inspection, repair or replacement of the Video Court equipment operated by the City on City property. The County shall have discretion to set the date, time and duration of the City's Video Court. The County, in its sole discretion, will establish a maximum number of City Inmates for each video v courtroorn calendar based upon operational limitations. The County will provide the City with a N Video Court Schedule no later than ten (10) days after execution of this Agreement. The County Mn may change or cancel the City's Video Court Schedule by providing the City with at -least seven 0 (7) days' written notice. The County will deliver the City's Inmate(s) to the video courtroom by at c least thirty (30) minutes prior to the City Inmate(s) hearing time so that the City Inmate(s) may Y prepare for the hearing and meet with his or her respective legal counsel. The City shall provide the County with all paperwork requiring the signature of City Inmate(s) at c 0 in least thirty (30) minutes before the start of the City's scheduled Video Court time. In the event of N a technical problem that the Parties are unable to repair in a timely manner, the Parties shall work CCD„ together to reschedule the impacted hearings to be reheard as soon as practicable and at minimum, within two (2) judicial days. 4.5 1-lealth Care of City Inmates. The County is hereby granted the authority to seek necessary medical, dental and mental health services for City Inmates without consulting with the City. The County shall notify the City prior to seeking treatment, unless immediate treatment is required, in which case, the County will notify the City as soon after the event as reasonably possible. During "Normal Business Hours", defined as Monday through Friday, fi•orn 8:00 a,m, to 5:00 p.m., the City's point of contact for City Inmate health issues will be as follows: CA ,% Q_K '1% `115 -'Y') 1 _ CN a can Outside Normal Business Hours, the City's point of contact for City Inmate health issues will be as follows: INTERLOCAL AGREEMENT FOR JAIL SERVICES 3 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF Packet Pg. 101 7.ti.a �J .� - � .�� y S.so•�c��ts Any failure or error by the County to provide the City with proper notification of medical, dental and/or mental health services delivered to a City Inmate shall in no way excuse full, complete and timely payment by the City under Section 6 of this Agreement. The City and the County will comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and County policies and procedures regarding HIPAA. 4.6 Community Corrections. The County does not provide or oversee a Community Corrections Program or alternatives to confinement. 4.6.1 The term "Community Corrections Program" and "alternatives to confinement" includes but is not lirnited to: Electronic Home Detention, Work/Education Release, and Work Crew, 4.6.2 If the City wishes to provide a Community Corrections Program and/or "alternatives to confinement" options for City Inmates, the City shall not book such City Inmates into the Snohomish County Jail. 4.7 Administrative Booking. Upon request by the arresting officer or the City's Administrator and when not otherwise prohibited by statute, court rule or court order, the County shall administratively book and immediately release a City Inmate. The County further reserves the right to administratively book and immediately release a City Inmate when, in the sole discretion of the County's Administrator, the County is unable to accept the City's Inmate for housing and when such action is not otherwise prohibited by statute, court rule or court order. 5. Conditions of Accet)tauce of City Inmates. The County shall provide Services to the City subject to the conditions set forth in this Section 5. Should the County, in its sole discretion, decline to accept or retain custody of a City Inmate for any of the reasons identified in this Section 5, the County shall notify the arresting officer in person or the City's judicial or law enforcement agency of the non -acceptance and the reason for the non -acceptance. Acceptance of a City Inmate into the Jail shall be conditioned upon the following: 5.1 Obligation to Abide by PUIiCICS and Procedures. The City, its officers, employees and agents shall follow all .Tail policies and procedures. 5.2 Documentation for Legal Basis for Confinement Absent proper documentation providing a legal basis for confining the City Inmate, the County will have no obligation to receive the City Inmate into custody. Proper documentation for purposes of this section means an arrest warrant, judicial Order of Commitment, other order of a court of competent jurisdiction, or a properly completed Notice of Arrest. 1NTERLOCAL AGREEMENT FOR JAIL SERVICES 4 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OFIr��.�� Packet Pg. 102 7.6.a 5.3 Health Care Clearance. The County will have no obligation to receive into custody or retain custody of a City Inmate absent a determination, on an ongoing basis, by Jail staff that the City Inmate (a) is medically and psychiatrically able to be housed in the Jail, and (b) does not need medical and/or psychiatric attention that would require treatment at a hospital or other type of health care facility. At all times, the County's Administrator shall have final authority to determine whether a City Inmate is medically and/or psychiatrically fit for Jail. 5.4 Population Limits. The County shall have the right to return City Inmates to City custody if the Jail reaches the maximum allowable population level (the "MAPL"). The MAPL refers to the greatest number of inmates that can be held in the Jail in a safe, secure, and humane manner. The MAPL applies to the overall number of inmates, but may also be applied to specific populations of inmates (i.e. security level, medical need, mental health housing, etc.). The Snohomish County Sheriff, or his or her designee, shall determine, in his or her sole discretion, the MAPL. Every effort will be made to manage the MAPL, including booking restrictions. In the event that the MAPL is reached and the County determines that inmates must be removed from the Jail, priority for removal shall be as follows: (a) Inmates from out -of -county jurisdictions in reverse order from the date of execution of the respective jurisdictions' interlocal agreements with the County; then (b) Inmates from in -county jurisdictions, including the City, in reverse order frorn the date of execution of the respective jurisdictions' interlocal agreements with the County; then (c) Inmates confined on Snohomish County charges or commitments. The County's Administrator shall have final authority on MAPL reduction measures, and in the event the County determines that City Inmates shall be removed from the Jail according to this priority schedule, the County will provide the City fourteen (14) days' notice to remove City Inmates. 5.5 Earned Early Release. The County will release City Inmates in accordance with applicable statutes governing the calculation of jail commitments, including with respect to earned release time pursuant to Chapter 9.94A.729 RCW and Chapter 9.92.151 RCW, 6. Payment by City. 6.1 Proportional Billing,, The County employs proportional billing practices when invoicing jurisdictions for Services. Attached hereto as Exhibit A and incorporated herein by this reference is an explanation of the County's proportional billing practices. Commensurate with these practices, the City shall be invoiced only its proportionate share of the applicable Fees and Costs, as defined in Section 6.2 below, for a City Inmate under either of the following circumstances: 6. l .1 The City Inmate (a) is being held on criminal misdemeanor or gross misdemeanor charge(s) (whether or not formally arraigned) or on a warrant or court order INTERLOCAL AGREEMENT FOR JAIL SERVICES 5 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF E \ Packet Pg. 103 7.6.a issued by the City's municipal court, (b) is not being held on any active County felony charge, and (c) cannot be removed by a Federal agency without regard to local charges; OR 6.1.2 The City Inmate is being held (a) on criminal misdemeanor or gross misdemeanor charge(s) (whether or not formally arraigned) or on a warrant or court order issued by the City's municipal court, and (b) by the State of Washington for violation of the Offender Accountability Act, and the City has declined to transfer custody to the State of Washington. 6.2 Fees and Costs. 6.2.1 The County shall invoice the City a "Booking Fee" for each City Inmate for whom the County provides Services. For purposes of this Agreement, "Booking" means the act of registering, screening, and examining inmates for confinement in the Jail; Administrative Booking pursuant to Section 4.7; inventorying and safekeeping inmates' personal property; maintaining all computerized records of arrest; performing warrant checks; and all other activities associated with processing an inmate for confinement. The Booking Fee is as follows: 2021 Booking Fee 2022 Booking Fee $128.88 $134,70 6.2.2 The County shall invoice the City a per calendar day "Daily Maintenance Fee" for each City Inmate for whom the County provides Services. The Dai ly Maintenance Fee for all City Inmates is as follows: 2021 Daily Maintenance 2022 Daily Maintenance Fee Fee $142.63 $187.46 Should the Parties renew this Agreement beyond December 31, 2023, additional annual increases shall be calculated pursuant to Section 6.2.3, 6.2.3 Beginning January I, 2023, the Booking Fee and Daily Maintenance Fee listed in Sections 6.2.1 and 6.2.2 shall increase on January 1 of each calendar year during the term of this Agreement by three (3) percent. The County shall provide the City notice of the Booking Fee and Daily Maintenance Fee increase by September 1 of each year. In the event direct cost to the County to provide jail services increases or decreases by a rate that is more than one (1) percent over the amount of the applicable Booking Fee and Daily Maintenance Fee, the Parties agree that the costs for the remainder of the term shall be renegotiated based on actual direct costs. 6.2.4 The County shall invoice the City for all costs incurred for necessary medical, dental, or mental health services to City Inmates, including, but not limited to, all medication, durable medical equipment, ambulance fees, and medical, dental, and mental INTERLOCAL AGREEMENT FOR JAIL SERVICES 6 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF IS Packet Pg. 104 7.fi.a health services provided outside the Jail (the "Medical Costs"). The Medical Costs do not include routine medical examinations, tests, procedures performed at the Jail by Jail staff or contractors. In addition, the Medical Costs do not include expenses covered by the City Inmate's health insurance and/or public assistance for injuries suffered while in the custody of the County. The County will credit amounts received frorn the City Inmate's own health insurance and applicable public assistance before billing the City. 6.2,5 The County shall invoice the City a "Video Court Fee" for each scheduled hour of Video Court time. The Video Court Fee per hour is as follows: 2021 Video Court Fee 2022 Video Court Fee $207.96 $223.12 The County may increase the Video Court Fee upon thirty (30) days' notice to the City. 6.3 Invoicing and Payment. The City shall remain liable for complete and timely payment of all amounts invoiced. Invoices may be sent monthly, quarterly or on any other schedule that is mutually convenient to the Parties. Where complete payment is not tendered within thirty (30) days of the invoice date, the County may charge interest on the outstanding balance at a rate equal to the interest rate on the monthly County investment earnings, Should the City wish to dispute the amount of a particular invoice, it will (a) make complete and timely payment on the outstanding balance, and (b) deliver written notice of the dispute to the County within thirty (30) days of the invoice date. Failure to properly notify the County of any disputed amounts within thirty (30) days of the invoice shall constitute an acceptance by the City of all charges contained therein. Within fifteen (15) days of timely receipt of payment and the City's written notice of dispute, the County shall review the disputed invoice. Should the County resolve the dispute in favor of the City, the disputed amounts will be credited towards the City's next billing cycle, PROVIDED, HOWEVER, that upon termination of this Agreement, the County shall pay out to the City any such credited amounts. Withholding payrnent of any amount billed, regardless of whether the City has provided timely written notice of a disputed invoice, will constitute a default under Section 1 1 of this Agreement. 6.4 Records. Each Party may examine the other Party's books and records to verify charges. The County shall maintain accurate time and accounting records related to the Services for a period of three (3) years following final payment. 7. Indemnification/11old Harmless. 7.1 City Held I (armless. The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liabilities, losses, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any such suit based upon such a claim, action, loss, or damages is brought against the City, the County shall defend the same at its sole cost and expense; provided that the City reserves the right to participate in said suit if any principle of governmental or public law is involved; and INTERLOCAL AGREEMENT FOR JAIL SERVICES 7 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OFC--A— ���a�.s Packet Pg. 105 7.6.a if final judgment in said suit be rendered against the City, and its officers, agents, and employees, or any of them, or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 7.2 County held Harmless. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of thern frorn any and all claims, actions, suits, liabilities, losses, costs, expenses, and darnages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damages is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. 7.3 Waiver Under Washington Industrial Insurance Act. The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 8. Liability Related to City Ordinances, Policies, Rules and Regulations. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City frorn any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is cornmenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 9. Insurance. Each Party shall maintain its own insurance and/or self-insurance for its liabilities from damage to property and/or injuries to persons arising out of its activities associated with this Agreement as it deems reasonably appropriate and prudent. The maintenance of, or lack thereof of insurance and/or self-insurance shall not limitthe liability of the indemnifying part to the indemnified Party(s). Each Party shall provide the other with a certificate of insurance or letter of self-insurance annually as the case may be. 10. Compliance with Laws. In the performance of its obligations under this Agreement, each Party shall comply with all applicable federal, state, and local laws, rules and regulations. 11. Default and Remedies. INTERLOCAL AGREEMENT FOR JAIL SERVICES B of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF E�.truNls Packet Pg. 106 7.ti.a 1 I.1 Default. If either the County or the City fails to perform any act or obligation required to be performed by it hereunder, the other Party shall deliver written notice of such failure to the non -performing Party. The non -performing Party shall have fifteen (15) days after its receipt of such notice in which to correct its failure to perform the act or obligation at issue, after which tirne it shall be in default ("Default") under this Agreement; provided, however, that if the non-performance is of a type that could not reasonably be cured within said fifteen (15) day period, then the non -performing Party shall not be in Default if it commences cure within said fifteen (15) day period and thereafter diligently pursues cure to completion. 11.2 Remedies. In the event of a Party's Default under this Agreement, then after giving notice and an opportunity to cure pursuant to Section 11,1 above, the non -Defaulting Party shal I have the right to exercise any or all rights and remedies available to it in law or equity. In addition, if the City fails to make payment on an outstanding invoice within the time to cure and the City has not disputed the invoice as provided in Section 6.3, the City shall have no further right under this Agreement to deliver custody to or otherwise house City Inmates at the Jail and shall, at the County's request, remove all City Inmates frorn the Jail within fourteen (14) days of notice to do so. Thereafter, the County may, in its sole discretion, accept City Inmates to the Jail if all outstanding invoices are paid. 12. Early 'Termination. 12.1 Termination by the County_. Except as provided in Section 12.3 below, the County may terminate this Agreement at any time, with or without cause, upon not less than ninety (90) days advance written notice to the City. The termination notice shall specify the date on which the Agreement shall terminate. 12.2 "termination by the City. The City may terminate this Agreement at any time, with or without cause, upon not less than ninety (90) days advance written notice to the County and the Washington State Office of Financial Management. The termination notice shall specify the date on which the Agreement shall terminate, the grounds for termination, and the specific plans for accommodating the affected jail population. 12.3 Lack of Funding. This Agreement is contingent upon governmental funding and local legislative appropriations, In the event that funding from any source is withdrawn, reduced, limited, or not appropriated after the effective date of this Agreement, this Agreement may be terminated by the County immediately by delivering written notice to the City. The termination notice shall specify the date on which the Agreement shall terminate. 12.4 Calculation of Costs Due Upon Farly Termination. Upon early termination of this Agreement as provided in this Section 12, the City shall pay the County for all Services performed up to the date of termination. The County shall notify the City within thirty (30) days of the date of termination of all remaining costs. No payment shall be made by the City for any expense incurred or Services performed following the effective date of termination unless authorized in writing by the City. 13. Dispute Resolution. In the event differences between the Parties should arise over INTERLOCAL AGREEMENT FOR JAIL SERVICES 9 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF �mca%-S Packet Pg. 107 7.6.a the terms and conditions of this Agreement, the Parties shall use their best efforts to resolve those differences through their Administrators on an informal basis. If those differences cannot be resolved informally, the matter shall be referred for mediation to a mediator mutually selected by the Parties. If mediation is not successful, either of the Parties may institute legal action for specific performance of this Agreement or for damages. The prevailing Party in any legal action shall be entitled to a reasonable attorneys' fee and court costs. 14. Notices. All notices required to be given by any Party to the other Party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or the Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator, or their designee, at the addresses set forth in Section 3 of this Agreement. Notice delivered by email shall be deemed given as of the date and time received by the recipient. 15. Miscellaneous. 15.1 E,,ntire Agreement; Amendment. This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes any and all prior oral or written agreements between the Parties regarding the subject matter contained herein, This Agreement may not be modified or amended in any manner except by a written document executed with the same formalities as required for this Agreement and signed by the Party against whom such modification is sought to be enforced. 15.2 Conflicts between Attachments and 'text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 15.3 Governing Law and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohornish County or King County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing Party shall be entitled to recover all costs of such a lawsuit; including reasonable attorney's fees. 15.4 Interpretation, This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the Parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shal I be construed so that wherever applicable the use of the singular number shal I include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. INTERLOCAL AGREEMENT FOR JAIL SERVICES 10 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OFc�.r� u �� Packet Pg. 108 7.ti.a 15.5 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 15.6 No Waiver. A Party's forbearance or delay in exercising any right or remedy with respect to a Default by the other Party under this Agreement shall not constitute a waiver of the Default at issue. Nor shall a waiver by either Party of any particular Default constitute a waiver of any other Default or any similar future Default. 15.7 No Assignment. This Agreement shall not be assigned, either in whole or in part, by either Party without the express written consent of the other party, which may be granted or withheld in such Party's sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 15.8 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party For whom he or she purports to sign this Agreement. 15.9 Indepenclent C'ontractor. The County will perform all Services under this Agreement as an independent contractor and not as an agent, employee, or servant of the City. The County shall be solely responsible for control, supervision, direction and discipline of its personnel, who shall be employees and agents of the County and not the City. The County has the express right to direct and control the County's activities in providing the Services in accordance with the specifications set out in this Agreement. The City shall only have the right to ensure performance. 15.10 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the Parties. 15.11 No Separate Entity Necessary, The Parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. 15.12 Ownersh in of iroperty. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either Party in connection with its performance under this Agreement wi I I remain the sole property of such Party, and the other Party shal I have no interest therein. 15.13 No Third Party Beneficiaries. This Agreement and each and every provision hereof is for the sole benefit of the City and the County. No other persons or Parties shall be deemed to have any rights in, under or to this Agreement. 15.14 Force Ml eure. In the event either Party's performance of any of the provisions of this Agreement become impossible due to circumstances beyond that Party's control, INTERLOCAL AGREEMENT FOR JAIL SERVICES I I of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF r X cns�a S Packet Pg. 109 7.6.a including without limitation, force majeure, strikes, embargoes, shortages of labor or materials, governmental regulations, acts of God, war or other strife, that Party will be excused from performing such obligations until such time as the Force Majeure event has ended and all facilities and operations have been repaired and/or restored. 15.15 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. COUNTY; Snohomish County, apolitical subdivision of the State of Washington By Ken KleinDig itallysigned by Ken Me: 202102.091700:37ei0800 Name: Dave Somers Title: County Executive Approved as to Form: Deputy Prosecuting Attorney Approved as to Indemnification and Insurance: Digitally signed by Sheila Barker Sheila Bar e r Date: 2021.02.0414:19:04-08'00' Risk Management CITY: City of C�Kc-no-A-Ls , a Washington municipal corporation By Na e: Title: in►�i T' Approved to Form; City Attorney INTERLOCAL AGREEMENT FOR JAIL SERVICES 12 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF Vc*i m Q-4, Packet Pg. 110 7.6.a ID1;�fM:3Y17.1 Proportion.►te Billing The County uses a proportional billing process to calculate fees and charges for each inmate. As a result, if multiple jurisdictions have an open charge on an individual inmate, the jurisdictions will each share equally the fees and costs as long as an open charge persists for that jurisdiction, When a contracting jurisdiction's charge is closed, that jurisdiction drops from the proportional billing process, and the proportional billing is recalculated without that jurisdiction. Each day the County shall examine the open charges for each active booking and apply uniform rules for determining billable charges and identifying the billable jurisdiction, The procedure employed by the County for determining the billable charges and responsible jurisdictions is outlined below and references the County's internal billing system. The procedure continues in sequence through the outlined series of steps only so far as needed to isolate a billable charge and determine thejurisdiction responsible for payment. 1. Select "Al l Felony Charges." 0 a. If there is more than one felony charge or if there is one felony charge and a c Washington State Department of Corrections (the "DOC") hold, go to Step 2, Y b. If there is one felony charge but no DOC hold, do not invoice, a� c. If there are no felony charges, go to Step 3. in 2. Select "Arresting Agency DOC-Parole-Olympia." N a. If there are no other arresting agency charges and all felony charges are with DOC, N, invoice DOC. If there is a DOC hold and additional local charges (that is, charges from jurisdictions that have an interlocal agreement for jail services with the County), do not invoice. If there is a DOC hold and non -local additional charges (that is, charges from jurisdictions that do not have an interlocal agreement for jail services with the County), invoice DOC, Select "All Misdemeanor Charges," a. If there is only one misdemeanor charge, invoice the charging jurisdiction. b. If there is more than one misdemeanor charge from more than one jurisdiction, invoice each jurisdiction in equal shares, If a jurisdiction has multiple open misdemeanor charges, the jurisdiction is only invoiced as one element of the proportional billing process. Snohomish County shall be invoiced its proportional share where applicable. Example: If City A has one open misdemeanor and City B has two open misdemeanor charges, all at the same time, each city is billed for fifty percent (50%) of the Fees and Costs for that inmate. Ill Packet Pg. 111 7.6.a 4. Drop jurisdictions with closed charges. Example: City X has one open misdemeanor charge, and City Y has one open misdemeanor charge. City Y's charge is closed. City X is billed for one hundred percent (100%) of the Fees and Costs for that inmate from then on. A-2 A Packet Pg. 112 Stir-K1FF INTEGRITY DIGNITY COMMITMENT PRIC Adam Fortney, Sheri TO: EDMONDS POLICE DEPARTMENT RE: Interlocal Agreement (ILA) for Jail Services The Snohomish County wishes to exercise the option to extend this contract for the first additional term of three (3) years, through 1213112026. CONTRACT FEES a) Section 6.2.3: Beginning January 1, 2024, the Booking Fee and Daily Maintenance Fee listed in Sections 6.2.1 and 6.2.2 shall increase on January 1 of each calendar year during the term of this Agreement by three (3) percent. The County shall provide the City notice of the Booking Fee and Daily Maintenance Fee increase by September 1 of each year. b) Section 6.2.5: The County shall invoice the City a "Video Court Fee" for each scheduled hour of Video Court time. The County may increase the Video Court Fee upon thirty (30) days' notice to the City. Please accept this letter as notice to increase the Booking, Daily Maintenance and Video Court fee as listed below beginning on January 1, 2024. Snohomish County Jail Rates January 1, 2024 Booking 2023 Fees 2024 Fee with 3 % CPI Increase Booking Fee $138.74 $142.90 $4.16 Housing 2023 2024 Flat Rate $193.08 $198.87 $5.79 Video Court Fee 2023 2024 Video Court Fee $229.81 $236.70 $6.89 Your contact for contract administration purposes is Bureau Chief Norman Link. He can be reached at (425) 388- 3491. For operational issues, Major Alonzo Downing is your contact. He can be reached at (425) 388-3419. We continue to strive to provide safe, secure detention services for our community and agency partners, and appreciate your business. Sincerely, Nadia Nikolina Corrections Finance Supervisor Administrative Services Bureau 425-388-5327 M/S #606 3000 Rockefeller Ave. Everett, WA 98201 Phone (425) 388-3393 Fax (425) 388-3805 www.sheri Packet Pg. 113 7.7 City Council Agenda Item Meeting Date: 11/21/2023 City of Lynnwood/Meadowdale Playground Expenditure Request Staff Lead: Angie Feser Department: Parks, Recreation & Human Services Preparer: Angie Feser Narrative The cities of Lynnwood and Edmonds and Edmonds School District have an Interlocal Agreement (ILA) for the Meadowdale Playfields. The ILA outlines shared costs for capital improvements, renovations and ongoing maintenance. The 2017 Development Agreement (part of the ILA, Attachment #1) identifies an improvement project of redevelopment of two multipurpose fields, three softball fields and backstops, perimeter fencing, and walking pathways. The City of Edmonds provided funding by contributing $500,000 to the softball fields; the entire park project expense was $5,147,155. As a condition of the current ILA both cities share 50% of the annual maintenance costs of the entire park and 50% of the revenue generated from park rentals. The City of Lynnwood recently updated the playground at the park and initially requested $111,492 from the City of Edmonds for 50% of the cost the 2023 amenity replacement project at the Meadowdale Playfields. Without prior notification or authorization by Edmonds, Lynnwood upgraded the playground to an inclusive level which significantly increased the project cost. (See Background/History below for more detail). The City of Lynnwood is now requesting $248,538 from the City of Edmonds based on a total project cost of $507,077 (Attachment #2 - Playground design and cost). A $10,000 grant from Snohomish County results in a balance of $497,077 proposed by Lynnwood to be shared equal between the two cities. Expenditure Eligibility There is some question as to whether the playground replacement costs are an eligible expenditure in the ILA and whether the ILA applies to the entire Meadowdale Playfields park or just the shared improvement project identified in the 2017 ILA. The City of Edmonds' legal counsel, Lighthouse Law Group, opinion states "The current (2017) ILA ...clearly states that the shared financial and other responsibilities of the parties specified in the ILA relate to the defined "Project," which is described in Section 1 as including the redevelopment of two multipurpose fields, three softball fields, and backstops, perimeter fencing, and walking pathways." Additional capital improvements to the park requires a revised or new ILA as "there is no provision in the ILA that commits either Edmonds or Lynnwood to provide any further funding or other support for additional athletic field or park improvements" (Attachment #3 - legal opinion email). Section 4 of the ILA states "The Cities, County, or School District may propose additional development plans for the recreation site after first consulting with the other parties to this Agreement concerning the feasibility of such development." Packet Pg. 114 7.7 The City of Lynnwood states the playground expenditure qualifies as parks maintenance. City of Edmonds staff does not agree that a $500,000 playground replacement and upgrade is considered park maintenance, but rather a capital project and therefore not eligible as a maintenance expenditure for which Edmonds has 50% responsibility. Funding Source The current adopted 2023 Parks Capital budget does not have a specific allocation for this funding request of the of $111,492. However, the Civic Park project is anticipate to finish under budget and there is sufficient REET revenue to cover the requested amount. Memorandum of Understanding (MOU As discussed in the October 10th Parks & Public Works Committee a negotiated Memo of Understanding (MOU) was developed. It states Edmonds will provide to Lynnwood the $111,492 in 2023 and the remaining balance ($137,046) of the request is a subject of negotiations to renew the 1985 ILA. (Attachment #1) Staff Recommendation The Council authorize the Mayor to execute the attached Memorandum of Understanding and payment of $111,492 to the City of Lynnwood for Meadowdale Park playground project. Background/History During the 2022 Parks, Recreation & Open Space Plan (PROS) development, the City of Lynnwood submitted a list of potential major capital projects and cost estimates related to the Meadowdale Playfields to be incorporated in the PROS Plan CIP/CFP. In January 2022, Lynnwood identified the playground replacement and related ADA parking space and pathway project with a total cost estimate of $200,000 (Edmonds contribution of $100,000). In April 2022, Lynnwood informed the City the project was upgraded to an inclusive level and, as a result, there would be additional costs. In May 2022, the project cost estimate of $507,077 was shared with Edmonds and 50% cost sharing requested. This request was initially reviewed by the Parks & Public Works (PPW) Committee on June 14, 2022 with the recommendation for a full Council presentation. Without Council discussion, this item was referred back to the PPW Committee for further study during the July 5, 2022 regular council meeting Attachment #5 - June 14, 2022 PPW Cmte Minutes and Attachment #6 - July 5, 2022 Regular Council Minutes. It was then scheduled for the July 12, 2022 PPW Committee with agenda item developed, but was eliminated from the agenda prior to the meeting due to a too full committee. This topic was discussed during the October 10, 202 PPW Committee with the City of Lynnwood Parks Director, Lynn Sordel, in attendance. Minutes found in Attachment 7 - 2023-10-10 PPW Cmte Mtg Minutes, Attachments: Meadowdale Playfields ILA Draft MOU - Cities of Lynnwood and Edmonds Executed 2017 Meadowdale Playfields Interlocal Agreement Legal Counsel Opinion on ILA Expenditure Eligibility 20231004CityofEdmondsPlayfieldsPlaygroundMemo 2022-06-14 PPW Cmte Minutes 2022-07-05 City Council Minutes 2023-10-10 PPW Cmte Mtg Minutes Packet Pg. 115 7.7 Meadowdale Playfield Playground Design and Cost EstimateOpt Packet Pg. 116 7.7.a MEMORANDUM OF UNDERSTANDING by and between CITY OF EDMONDS, WASHINGTON and CITY OF LYNN WOOD, WASHINGTON THIS MEMORANDUM OF UNDERSTANDING ("MOU") documents the understanding between the CITY OF EDMONDS, WASHINGTON (hereinafter "Edmonds") and the CITY OF LYNNWOOD, WASHINGTON (hereinafter "Lynnwood") regarding the parties' intentions relating to the renegotiation of that certain Interlocal Agreement entitled Development/Operation Agreement Meadowdale Playfield Site, dated June 5, 1985 (hereinafter "1985 ILA") between Edmonds, Lynnwood, and Edmonds School District No. 15, which is set to expire in June 2025. WHEREAS, the parties have been working cooperatively under the 1985 ILA to operate and maintain the Meadowdale Playfields for the benefit of the citizens of Edmonds and Lynnwood, as well as the Edmonds School District No. 15 students; and WHEREAS, the 1985 ILA provides for the equal sharing of costs between Edmonds and Lynnwood for the maintenance and operations of the Meadowdale Playfields; and WHEREAS, Lynnwood has requested a payment from Edmonds for Two Hundred Forty -Seven Thousand Dollars ($248,538), the amount that Lynnwood determined was Edmonds' share of the costs for a recent project to replace the Meadowdale Playfields playground; and WHEREAS, the parties have differing opinions regarding the accuracy of defining this project, which included upgrading the playground equipment to the inclusive level, as "maintenance" under the 1985 ILA; and WHEREAS, while the Edmonds City Council agrees that some financial contribution toward the playground improvement project is appropriate; and WHEREAS, the parties have conferred and agreed that Edmonds will make a portion of the requested payment to Lynnwood for the playground improvement project expenses upon execution of this MOU, and that the parties will commit to entering into negotiations for the renewal of the 1985 ILA thereafter; NOW THEREFORE, Edmonds and Lynnwood have entered into this Memorandum of Understanding to memorialize the following understanding: 1. Upon execution of this MOU, Edmonds will make a payment of One Hundred Eleven Thousand Four Hundred Ninety -Two Dollars ($111,492) to Lynnwood 1 of 2 Packet Pg. 117 7.7.a to be used toward the Meadowdale Playfields playground improvement project costs. 2. The remaining One Hundred Thirty -Seven Thousand Forty -Six Dollars ($137,046) requested by Lynnwood will be a subject of the parties' negotiations to renew the 1985 ILA between the parties hereto and Edmonds School District No. 15. 3. The parties agree to enter into good faith negotiations in 2024 to renew the 1985 ILA with the intent to allow Edmonds to have continued programming use of the Meadowdale Playfields beyond June 2025. CITY OF EDMONDS Mike Nelson, Mayor Date ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: CITY OF LYNNWOOD Christine Frizzel, Mayor Date ATTEST/AUTHENTICATE: Michelle Meyer, Finance Director APPROVED AS TO FORM: Office of the City Attorney Office of the City Attorney 2 of 2 Packet Pg. 118 7.7.b I INTERLOCAL AGREEMENT 2 BETWEEN 3 EDMONDS SCHOOL DISTRICT and THE CITY OF EDMONDS 4 and THE CITY OF LYNNWOOD for the 5 MEADOWDALE PLAYFIELDS REDEVELOPMENT PROJECT 6 7 THIS INTERLOCAL AGREEMENT ("Agreement"), dated as of 5" JO , 2017, 8 is made and entered into by and between EDMONDS SCHOOL DISTRICT NO. 15 9 ("District") and THE CITY OF EDMONDS ("Edmonds") and THE CITY OF LYNNWOOD 10 ("Lynnwood") for the redevelopment project of the Meadowdale Athletic Complex and 11 Playfields ("Playfields"). 12 13 RECITALS 14 15 WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local 16 government units to make the most efficient use of their powers by enabling them to cooperate 17 with other government entities on the basis of mutual advantage and thereby to provide services 18 and facilities in a manner pursuant to forms of governmental organizations that will accord best 19 with geographic, economic population, and other factors influencing the needs and development 20 of local communities; and 21 22 WHEREAS, each of the signatories hereto is a public agency as defined by RCW 23 Chapter 39.34; and 24 WHEREAS, the District owns real property used for school purposes which includes a 25 number of Playfields (referred to as the Meadowdale Playfields or the Playfields) and which is 26 located within the City of Lynnwood at 16700 66th Avenue West, legally described in Exhibit 27 A, attached hereto (the Real Property); and 28 WHEREAS, the District is responsible for the public education of the students in the 29 community, including physical education and athletic activities related to the educational program; 30 and 31 32 WHEREAS, the cities of Edmonds and Lynnwood (collectively referred to as the Cities) 33 have established departments in part for carrying out the purpose of developing and maintaining 34 community athletic and recreation programs; and 35 36 WHEREAS, the District and the Cities are mutually interested in supporting programs for 37 the community in the areas of athletics, recreation and education; and 38 39 WHEREAS, the Cities and the District have recognized for many years that through 40 cooperation, these publicly -owned athletic fields and facilities can be used to meet broader 2017 Meadowdale Playfields Development Agreement Page 1 Packet Pg. 119 7.7.b 41 community needs for education, recreation and athletic activities than any of the parties can 42 provide separately; and 43 44 WHEREAS, the Cities and the District jointly developed the Meadowdale Playfields in 45 1985 for school, educational, and community use; and 46 47 WHEREAS, the Cities and the District maintain an interlocal agreement which authorizes 48 Edmonds and Lynnwood to jointly operate, maintain, and schedule use of the Playfields and which 49 has a term through June 5, 2025, copy attached hereto as Exhibit B (the 1985 ILA); and 50 51 WHEREAS, Lynnwood and the District entered into an interlocal agreement which 52 extends Lynnwood's use rights and obligations under the 1985 ILA to operate, maintain, and 53 schedule use of the Playfields until 2065, copy attached hereto as Exhibit C; and 54 55 WHEREAS, the Cities and the District intend to review the 1985 ILA regarding the 56 scheduling, maintenance, fees, and facility rules and restrictions at the Playfields; and 57 58 WHEREAS, the Cities and the District with additional grantors are participating to share 59 the cost of redevelopment of the Playfields as outlined in this Agreement; 60 61 NOW, THEREFORE, the District, Edmonds and Lynnwood hereby agree as 62 follows: 63 1. The purpose of this Agreement is to define the rights and responsibilities of 64 the District, Edmonds and Lynnwood with regard to design, construction, and funding for 65 the project, which includes the redevelopment of two (2) multipurpose fields, three (3) 66 softball fields, backstops, perimeter fencing, and walking pathways (depicted in Exhibit D, 67 attached hereto) of the Playfields for continued use by the parties for education and 68 recreation purposes (the "Project"). All improvements will meet or exceed the 2010 69 American with Disabilities Act requirements. 70 71 2. The District owns the Real Property that is the subject of this Agreement. This 72 Agreement does not contemplate the transfer of ownership of the Real Property, nor to limit 73 the District's ability to comply with its statutory obligations regarding the use and 74 disposition of school property pursuant to RCW 28A.335. By operation of this Agreement, 75 Edmonds and Lynnwood do not acquire any ownership interest in and disclaim any interest 76 to the Playfields and the Real Property, which are and will remain the District's property. 77 78 3. The District agrees to make the Playfields on the Real Property available for 79 redevelopment by the parties and agrees that the athletic fields and facilities comprising the 80 Playfields are intended primarily for school and educational purposes and are for the benefit of 81 students and the school age population that reside within the District. 82 83 4. The District, Edmonds and Lynnwood recognize that the entirety of the 84 Playfields site has a 6f boundary designated by the National Park Service dedicating it to 85 recreational use, as depicted on Exhibit E, and any existing or future non -recreational uses 86 such as the installation of cell towers and antennas must be mitigated to properly convert 2017 Meadowdale Playfields Development Agreement Page 2 Packet Pg. 120 7.7.b 87 the use by approval of the Washington State Recreation and Conservation Office. 88 89 5. The Cities and District agree to work closely with the surrounding community 90 in the design and approval of Project development. 91 92 6. Lynnwood will serve as the project manager for design and as the 93 construction agent for the Project, for the purpose of initially incurring all expenses for all 94 elements of the construction of the joint facility, including but not limited to architect and 95 engineering fees, site development/construction fees, processing change orders, if any, 96 Washington State sales tax, and securing permits. The Project shall be constructed and 97 performed in accordance with all state and local laws, regulations, policies and standards. All 98 construction contracts shall be procured through a formal competitive bidding process consistent 99 with applicable State law. 100 101 7. The Cities and District agree that no award of a construction contract for the 102 Project will be authorized until such time as all of the parties have approved the final plans, 103 specifications and cost estimates for the Project. The District shall have final approval of 104 the Project design including materials to be used in construction. The District expressly 105 disclaims any representation or warranty that such design, plans, and specifications are 106 suited for the uses and purposes intended by the Cities. The construction contract for the 107 Project shall include reasonable warranties from the persons or entities providing labor, 108 goods or professional services to complete the Project construction. 109 110 8. Upon completion of construction of the Project, the District agrees to 111 continue to make available the Playfields to Lynnwood and Edmonds to schedule, maintain 112 and use in accordance with the 1985 ILA, attached as Exhibit B, the extension agreement 113 attached as Exhibit C, or any subsequent agreement. 114 115 9. The District and Cities agree to jointly plan for additional capital expenditures 116 for maintenance and replacement costs for the Playfields. 117 118 10. Lynnwood will form a collaborative partnership with the District, Edmonds, 119 Snohomish County, Snohomish County Tourism Promotion Area, and the State of 120 Washington Recreation and Conservation Office to fund the redevelopment of the Playfields 121 for educational, recreational, and community athletic use. 122 123 11. The District agrees to contribute capital funds in the amount of One Million 124 Dollars and zero cents ($1,000,000.00) towards the redevelopment of the two (2) 125 multipurpose fields and related perimeter backstops, safety netting and fencing, walkways 126 and ADA improvements. Payment will be made to Lynnwood as provided in Paragraph 17 127 below. 128 129 12. Edmonds agrees to contribute capital funds in the amount of Five Hundred 130 Thousand Dollars and zero cents ($500,000.00) towards the redevelopment of perimeter 131 backstops, safety netting and fencing, walkways and ADA improvements of the two (2) 132 multipurpose and three (3) softball fields, except as stated in Paragraph 15 below. Payment 133 will be made to Lynnwood on a reimbursement basis as provided in Paragraph 17 below. 134 2017 Meadowdale Playfields Development Agreement Page 3 Packet Pg. 121 7.7.b 135 13. Lynnwood agrees to contribute capital funds in an amount up to Two Million 136 Five Hundred Ninety -Seven Thousand One Hundred Fifty -Five Dollars and zero cents 137 ($2,597,155.00) towards any expenses related to the Project, except as stated in Paragraph 138 15 and 16 below. 139 140 14. Lynnwood agrees to contract, bill for reimbursements, and properly account 141 for additional Project grant funding from the State of Washington Recreation and 142 Conservation Office contribution of capital funds in the amount of $750,000, Snohomish 143 County contribution of capital funds in the amount of $200,000, and Snohomish County 144 Tourism Promotion Area contribution of funds in the amount of $100,000. No such contract 145 or other grant funding approval may impose any restriction on the Real Property without 146 the District's review, consent, and written approval. 147 148 15. The parties acknowledge that (1) the bid package for the construction of the 149 Project will include a base bid option that includes use of SBR infill material, and two 150 alternate bid options that include use of other infill material, (2) each of the Cities will have 151 an opportunity to review bids and to recommend a bid option for the Project to the District, 152 and (3) in accordance with Paragraph 7 above, the District has the authority to consider the 153 bids and recommendations of the Cities and to approve the Project's final design. If a bid 154 option that includes use of non-SBR infill material is selected, then each party that 155 recommended (in the case of the Cities) or approved (in the case of the District) such non- 156 SBR bid option shall be responsible, jointly or severally, to pay the difference between the 157 bid amount for the SBR infill material and the bid amount for the other infill material in the 158 selected bid. 159 160 16. In the event that the total cost of the Project exceeds the District's contribution 161 amount under Paragraph 11, Edmonds' contribution amount under Paragraph 12 and this 162 Paragraph 15, Lynnwood's contribution amount under Paragraph 13 above, and the grant 163 funding described in Paragraph 14, Lynnwood shall recommend value -engineering 164 solutions to mitigate the excess costs, and submit the recommendations to the District and 165 Edmonds for their respective approvals, which approvals shall not be unreasonably 166 withheld. If the value -engineering solutions do not completely mitigate any excess costs, 167 Lynnwood shall be responsible for negotiating with the District and Edmonds an addendum 168 to the Agreement for the provision of additional funds from the parties that will cover the 169 excess costs. In the event that the total cost of the Project is less than the District's 170 contribution amount under Paragraph 11, Edmonds' contribution amount under Paragraph 171 12 and Paragraph 15, Lynnwood's "up to" contribution amount of $2,597,155.00 under 172 Paragraph 13, and the grant funding described in Paragraph 14, Lynnwood shall receive the 173 benefit and shall pay less than the full $2,597,155.00 stated in Paragraph 13. 174 175 17. Lynnwood will bill the District and Edmonds for their shares of the Project 176 costs under this Agreement as follows: 177 178 17.1 Upon the award of the contract for the construction of the Project, 179 Lynnwood shall invoice the District for $500,000.00, and upon fifty percent (50%) 180 completion of the construction of the Project, Lynnwood shall invoice the District for the 181 remaining $500,000.00 owed by the District; and 182 2017 Meadowdale Playfields Development Agreement Page 4 Packet Pg. 122 7.7.b 183 17.2 Upon completion of the construction of the Project, Lynnwood shall invoice 184 Edmonds for $500,000.00 or such other amount as is due from Edmonds under Paragraph 185 15 above. 186 187 The District and Edmonds shall pay the invoiced amounts to Lynnwood within thirty (30) 188 days of the date of the respective invoices to each entity. Any undisputed amount not paid 189 by the date due shall bear interest at the rate of one percent (1 %) per month. 190 191 18. If the Cities' and District's representatives are unable to come to an 192 agreement in the administration of this Agreement and/or any dispute involving this 193 Agreement, including payment of assessments, the matter shall be referred to the Cities' 194 Mayors and the District's Superintendent for resolution within thirty (30) days' notice from 195 the Contract Administrator of the existence of a dispute. Should agreement not be reached 196 among the Mayors and the Superintendent within sixty (60) days' notice from the Contract 197 Administrator of the dispute, the parties shall submit the dispute to a mutually agreed upon 198 private arbitrator for binding resolution. In the event the parties cannot agree on an 199 arbitrator, one may be appointed by the presiding Judge of the Snohomish County Superior 200 Court, with costs of arbitration borne equally. The prevailing party shall be entitled to 201 recover reasonable attorneys' fees and costs related to said arbitration. 202 203 19. The term of this Agreement shall commence upon filing with the County 204 Auditor or upon listing the Agreement by subject on the District's web site or other 205 electronically retrievable public source in accordance with RCW 39.34.040 following 206 mutual execution (the "Effective Date") and shall expire upon Project close-out or when the 207 parties have completed all obligations under this Agreement, whichever occurs last. 208 209 20. Pursuant to RCW 39.34.030(4)(a), the District, Edmonds, and Lynnwood 210 hereby appoint the District's Executive Director of Business and Operations as the 211 "Administrator", who will be responsible for administering the District's responsibilities 212 under this Agreement and shall take such action as is necessary to ensure this Agreement is 213 implemented in accordance with its terms. 214 215 21. Pursuant to RCW 39.34.030(4)(a), the District, Edmonds, and Lynnwood 216 hereby appoint the City of Lynnwood's Parks, Recreation & Cultural Arts Director as the 217 "Administrator", who will be responsible for administering Lynnwood's responsibilities 218 under this Agreement and shall take such action as is necessary to ensure this Agreement is 219 implemented in accordance with its terms. 220 221 22. Pursuant to RCW 39.34.030(4)(a), the District, Edmonds, and Lynnwood 222 hereby appoint the City of Edmond's Parks, Recreation, and Cultural Services Director as 223 the "Administrator", who will be responsible for administering Edmonds' responsibilities 224 under this Agreement and shall take such action as is necessary to ensure this Agreement is 225 implemented in accordance with its terms. 226 227 23. This Agreement does not create a separate legal or administrative entity, and 228 consequently is being administered in accordance with RCW 39.34.030(4). 229 230 24. The parties shall maintain records necessary to carry out the purposes of this 2017 Meadowdale Playfields Development Agreement Page 5 Packet Pg. 123 7.7.b 231 Agreement in accordance with generally accepted accounting principles. Such records shall be 232 available during normal working hours for the review of the respective parties, their accounting 233 representatives or the State Auditor. 234 235 25. Lynnwood, Edmonds, and the District each respectively agree to indemnify, 236 defend, and hold harmless each of the other parties from any claims, lawsuits, costs, and 237 judgments arising as a result of their respective negligent or otherwise wrongful acts or 238 omissions, or the acts or omissions of their respective agents, employees, contractors, or 239 officials, in any way related to the Project funding, design, construction, and material selection 240 under this Agreement. The indemnification obligations of the parties are several, and not joint, 241 as to their respective negligence or breach of this Agreement. 242 243 26. This Agreement and all questions concerning the capacity of the parties, 244 execution, validity (or invalidity), and performance of this Agreement, shall be interpreted, 245 construed and enforced in all respects in accordance with the laws of the State of 246 Washington. This Agreement has been negotiated and drafted by all parties and is not to be 247 construed in favor of any party. 248 249 27. Except as provided in the 1985 ILA, as amended, this Agreement represents the 250 entire agreement between the District and the Cities with respect to the Project. This Agreement 251 shall not be amended except in writing mutually agreed to and executed by the Cities and the 252 District. To the extent of any conflict between the terms and conditions of this Agreement and the 253 1985 ILA, this Agreement shall govern and control the rights and obligations of the parties with 254 respect to the Project. 255 256 28. Nothing herein shall be interpreted to create any right or liability with respect to 257 any person or entity not a party to this Agreement. 258 259 29. The parties are independent entities and nothing in this Agreement creates any 260 agency relationship. None of the parties to this Agreement shall be construed to be an officer, 261 agent or employee of any of the other parties. 262 263 30. All notices required to be served or given in accordance with the terms of this 264 Agreement shall be hand delivered or mailed via the U.S. Postal Service, postage pre -paid, to the 265 following addresses of record, or to such persons and addresses as the respective party may 266 designate in writing in the future: 267 268 Edmonds School District #15 Executive Director of Business and Operations 20420 68th Ave. West Lynnwood, WA 98036-7400 City of Edmonds Director of Parks, Recreation and Cultural Services 700 Main Street Edmonds, WA 98020 2017 Meadowdale Playfields Development Agreement Page 6 Packet Pg. 124 7.7.b City of Lynnwood Director of Parks, Recreation and Cultural Arts Department PO Box 5008 Lvnnwood, WA 98046-5008 269 270 31. This Agreement may be executed in several counterparts, all of which taken 271 together shall constitute the entire agreement between the parties hereto. If any provision of this 272 Agreement is determined to be invalid under any applicable statute or rule of law, it is to that 273 extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. 274 275 276 [Signatures on following page] 2017 Meadowdale Playfields Development Agreement Page 7 Packet Pg. 125 7.7.b f IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day and year li-st written above. EDMONDS SCHOOL DISTRICT NO. 15 SI;PI?ItINTENDENT KR "I r'MeDUFFY APPROVED AS TO FORM: Kristine It. Wilson of Perkins Coic l.l,l' Attorneys for the School District CITY OF LYNNNVOOD MAYOR NICOLA SMITH ATTESPAUTHENTICATE: Sonja Springer, Finance Director APPROVED AS TO FORM: l6scnnary Larson, City Attorney• s CITY OF EDMONDS MAYOR DAVE EARLING ATTESPAUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 126 7.7.b 277 278 279 IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day and 280 year first written above. 281 282 EDMONDS SCHOOL DISTRICT NO. 15 SUPERINTENDENT KRISTINE McDUFFY APPROVED AS TO FORM: Kristine R. Wilson of Perkins Coie LLP Attorneys for the School District CITY OF LYNNWOOD MAYOR NICOLA SMITH ATTEST/AUTHENTICATE: Sonja Springer, Finance Director APPROVED AS TO FORM: Rosemary Larson, City Attorney CITY OF EDMONDS MAYOR DAVE EARLING AT T/A NTICATE: i Cott Passey, City _9elk Alel'141WED AS TO F Office of the City Attorney 2017 Meadowdale Playfields Development Agreement Page 8 Packet Pg. 127 7.7.b 277 278 279 280 281 282 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. EDMONDS SCHOOL DISTRICT NO. 15 SUPERINTENDENT KRISTINE McDUFFY APPROVED AS TO FORM: Kristine R. Wilson of Perkins Coie LLP Attorneys for the School District CITY OF LYNNWOOD MAYOR NICOLA SMITH ATTEST/AUTHENTICATE: So ja Spri ger, Fin nee Director APP OVED AS jTO FORM: ('L _c r- %.-- Rosemary rson, City Attorney CITY OF EDMONDS MAYOR DAVE EARLING ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2017 Meadowdale Playfields Development Agreement Page 8 Packet Pg. 128 7.7.b 283 EXHIBIT A 284 285 EDMONDS SCHOOL DISTRICT NO. 15 286 Meadowdale Athletic Complex & Plavfields 287 288 Legal Description 289 Tracts 82,83, 107 and 108, Meadowdale Beach, according to plat thereof recorded in Volume 5 290 of Plats, page 38, records of Snohomish County, Washington and adjacent to vacated 68th Ave 291 West. 292 2017 Meadowdale Playfields Development Agreement Page 9 Packet Pg. 129 7.7.b 293 294 295 296 EXHIBIT B 1985 ILA Agreement 2017 Meadowdale Playfields Development Agreement Page 10 Packet Pg. 130 7.7.b eati'•�'-11- bjSfgS._ RECEIVED, Is �bxl JUN 2 51985 L"afte Offices DEVELOPMENT/OPERATION AGREEMENT MEADOWDALE PLAYFIELD SITE WHEREAS, each of the subscribed signatbries hereto is a public agency as defined by RCW Chapter 39.34; WHEREAS, each of the subscribed signatories desire and agree to enter into a joint action and to cooperate with each other for the purpose of developing, operating, maintaining, and scheduling a recreation-site;and; WHEREAS, Edmonds School District No. 15 owns approximately twenty five (25) acres located at 66th Avenue West and 168th Street S.W., and has indicated said acres to be called "Meadowdale Playfield Site," and WHEREAS, the Cities of Edmonds and Lynnwood, Snohomish County, and Edmonds School District No. 15 have identified a need for parks and recreation sites that will accord best with geographic, economic, population, and other factors influencing the development of the local communities, and; WHEREAS; Edmonds School District has identified the need for additional athletic fields in this area to enhance the District's educational program; NOW THEREFORE, the parties do agree as follows: 1. The Edmonds School District No. 15 agrees to make the property available for development by the agencies identified in this Agreement for consideration of use of the fields for school district -sponsored educational activities. The Cities of Lynnwood, Edmonds, and Snohomish County intend to establish the responsibility of each party to this agreement for the development, operation, maintenance, and scheduling of the recreation site. 2. The drawing dated March; 1985, entitled "Master Plan," adopted by the Councils of Lynnwood and Edmonds, Snohomish County's Parks and Recreation Advisory Board and County Council, and Edmonds School District No. 15, is hereby made a part of this Agreement. The plan outlines development on the twenty five -acre site and ccnsiders future developments and scheduling of adjacent School District property: Meadowdale Elementary, Meadowdale Middle School, and Meadowdale High School. 3. The Cities, County and School District agree that no call for bids will be authorized for each phase of the construction until such 2017 Meadowdale Playfields Development Agreement Page 11 P Packet Pg. 131 7.7.b time as all agencies have approved the final cost estimate for each phase. Also that no contract shall be made until approved by all plans, specifications and award of a construction agencies. 4. The Cities, County, or School District may propose additional development plans for the recreation site after first consulting with the other parties to this Agreement concerning the feasibility of such development. The costs of preparing such development plans will be borne entirely by the initiating agency unless a written agreement to share such costs is approve by all parties prior to the incurring of any costs. Development plans for the recreation site shall be first approved by the other agencies prior to initiating construction, improvement or installation. The preparation of proposed development plans does not obligate the initiating agency to proceed with construction. 5. The Cities shall bear the costs of construction. Snohomish County will contribute $150,000 in 1984/85 and additional amounts, as is later determined. The Cities of Lynnwood and Edmonds will each contribute $120,000 per year for five years for construction of the project. 6. The City of Lynnwood will serve as the construction agent for the purpose of initially incurring all expenses for all elements of the construction of the joint facility, including but not limited to architect and engineering fees, site development/construction fees, Washington State sales tax, etc. The Parks and Recreation Director of Lynnwood will act as the Construction Administrator. The Edmonds Parks and Recreation Director will act a Construction Administrator in the absence of the Lynnwood Parks and Recreation Director. 7. The City of Lynnwood shall bill the City of Edmonds and Snohomish County for their share of the project costs in accordance with the amounts listed in Section 5. Lynnwood shall keep appropriate books and accounts covering all construction related costs for review or audit by the agencies. 8. The Cities will share equally the costs and responsibility of maintenance, and divide the maintenance and operation responsibility as each phase of the project is completed. The Cities will each account for the costs of maintenance and operation of the playfields and adjust responsibilities annually if they are not equal. The School District will pay for the costs of field preparation for the District's use. A detailed maintenance agreement will be developed after the fina•1 master plan is accepted by all cities and an agreement is reached on the phases of the project's development. 2017 Meadowdale Playfields Development Agreement Page 12 Page 2 Packet Pg. 132 7.7.b 9. If it is prudent to close or reduce scheduled use of a field because of severe adverse weather conditions or other unforeseen causes, the agencies involved shall confer and agree concerning reduced use. 10. If the Cities''Parks and Recreatibn Departments and the District's representative are unable to come to an agreement in the administration of this Agreement and/or any dispute involving this Agreement, including payment of assessments or making good on maintenance agreements, the matter shall be referred to the Cities' Mayors and the District's Superintendent for resolution. Should agreement not be reached among the Mayors and the Superintendent, the Cities and the District will each appoint an arbitrator at their respective expense. The three arbitrators will be given a designated time to arrive at a decision which shall be binding on all parties. 11. At least once a year, or upon written request of any party, this Agreement shall be reviewed by all parties' representatives for the purpose of reconsidering the equitable distribution of the responsibilities of each party. Recommendations for amendments shall be made to the Cities' Mayors and the District's Superintendent and presented to the Cities' Councils and the'School Board for approval. 12. The Cities and the District, but not the County, shall indemnify and hold harmless each of the other parties including the County, to this Agreement and their respective officers, agents and employees, from any and all loss, damage, liability or expense, including expense of litigation, resulting from any actual or alleged injury to any person or firm or to such person or firm's property, caused by or resulting from any act or omission of the party which constructs, maintains, or designs any facility or from any act or omission which occurs as a result of the use of any area or facility by the party or its guest or invitee. It is the intent of the parties that each party bear, and indemnify the other parties, from all claims, costs or loss which relate to that particular party's use, the use of its guests or invitees and the party's design, construction, or maintenance of any area or facility. Joint use, design, construction or maintenance shall result in indemnification by such parties of all parties not participating in such- joint use, design, construction or maintenance. Participation by any party by the payment of funds alone under this Agreement shall not be "used" for the purposes of this paragraph. It is the stated intent of the parties that the County's liability under this contract be limited to the amount of its monetary contribution and that the County shall be liable for no other cost, charge, claim or liability of any kind. 13. The Cities and the District shall agree on a set of policies 2017 Meadowdale Playfields Development Agreement Page 3 Page 13 Packet Pg. 133 7.7.b for use of the facilities. Attached in Appendix "A" are policies and procedures for the fields. 14. Each agency, in the use of the areas and facilities shall be responsible for the damage caused by the acts of its officers, agents, employees, guests, invitees," or visitors that use the facilities, not to include normal wear and tear. The costs or repairs or replacement due to vandalism will be shared equally by the Cities. 15. The Cities may assess and collect fees from participants for any activity held on the site. Edmonds and Lynnwood will agree on a schedule of fees and charges annually. 16. The Cities or District will furnish and supply all expendable materials necessary for carrying on their activity at the facility. 17. Scheduling procedures: A. The Cities will jointly schedule use of the site with each agency receiving equal time for scheduling community programs. Schedules will be coordinated to assure maximum use of the facility. B. Scheduling will be based on three seasonal time periods, i.e., Winter - January through March; Spring/Su�-mner - April - August; and Fall - September through December. C. School District programs will receive priority use of the site during the normal school year (September through May), up to 6:00 p.m., Monday through Friday. Scheduling of school programs after 6:00 p.m. will be coordinated with other community programs. D. Actual scheduling procedures, i.e., field use applications, rental fees, scheduling dates, supervision of activities, group priorities, etc., will be jointly developed and coordinated by staff from both Cities. E. The District will not pay field rental fees for its use of the facilities for educational purposes. The District will be assessed for field lighting costs and field preparation done by the Cities' maintenance crews (lining, dragging, placement of bases, etc .) . F. The Cities and the District will maintain records that will 2017 Meadowdale Playfields Development Agreement page 4 Page 14 Packet Pg. 134 7.7.b make clear the lines of responsibility and liability of the scheduling agencies. 18. This Agreement.shall be ir effect for forty. (40) years from this date or until terminated by a majority vote of the parties, except as provided for in 18.c., or mutually amended in writing in the same manner as this agreement was executed. a. Should either of the Cities or the County unilaterally wish to withdraw from this Agreement, they shall do so only after having given the other parties written notice of intent to terminate at least one hundred eighty (180) days prior to such action. b. Unilateral withdrawal from this Agreement gives the withdrawing party no rights to recover any portion of its investment in the site or to use any portion of the site. Ownership of any improvement other than portable equipment items shall be vested in the District subject to such rights as shall be agreed upon in writing prior to the initiation of such improvements. C. If the District terminates this Agreement before its full term, the District will give the Cities and the County one hundrec? eighty (180) days notice of its intent and will reimburse the Cities and the County for the amortized value of the development costs and costs of improvements. Value shall be calculated by using the formula: Years Agreement in Force X Replacement Value of All project 40 costs at the time of termination. 19. If a negative Declaration for Environmental Impacts is not approved, and conditions or mitigations are imposed in accordance with the State Environmental Protection Act that would impose greatly increased costs not anticipated by this Agreement, any party may withdraw from this Agreement without penalty. 2017 Meadowdale Playfields Development Agreement page 5 Page 15 Packet Pg. 135 7.7.b r�l 20. If any action, subsection, sentence, clause, or phrase of this Agreement is for any reason held to be unconstitutional or illegal, such decision shall not affect the validity of the remaining portions of this Agreement. This Agreement shall be filed with the City Clerks, Snohomish County Auditor, and the Secretary of State. DATED this 5th day of June 1985.. CITY OF EDMONDS: Mayo4&fm-'o ds CITY OF LYNNWOOD: �^ F Mayyk�of Lynnwood EDMONDS SCHOOL DISTRICT NO. 15 P6k�( gales Su e ntendent of Schools SNOHOMISH C0U T�-fOSdAa c CE7, CUT IV nty-ExecLL-iv'�IN n1je'j-(d J J 2017 Meadowdale Playfields Development Agreement Page 16 1989 Page 6 Packet Pg. 136 7.7.b APPENDIX A MEADOWDALE PLAY FIELDS FACILITY USE REGULATIONS JANUARY, 1985 1. Alcoholic beverages and drugs are prohi-bited-at the complex, and smoki is prohibited on the playing fields. 2. No golfing is permitted on the site unless approved by the Parks and Recreation Department. 3. Motorized vehicles are to be parked only in designated parking areas a are prohibited on the fields. ,. 4. Pets must be on leash at all times except as may be permitted for spec events approved by the Parks and Recreation Department. 5. No person shall engage in the sale of merchandise or services or oper2 a concession without approval of the Parks and Recreation Department. 6. No person shall mutilate, deface, or damage any facility improvements. _ All litter shall be disposed of in designated receptacles. 7. Youth organizations will not be permitted to utilize the facilities -: without adequate adult supervision at all times. 8.- All organizations, groups, and/or Individuals utilizing the faci l i ti e: must leave them in satisfactory condition. Failure to do so will rest in additional maintenance costs charged to the organization, group, of individuals responsible for additional clean-up. 9. The Parks and Recreation Department reserves the right to cancel any facility use permit for just cause or to amend the procedures set fors In this document at any time. 10. The Parks and Recreation Department is not responsible for accidents, injuries, or loss of property. 11. Misuse of park facilities or failure to conform with these regulation! will be sufficient gro-unds for immediate permit suspension and/or den - of future applications. 12. The groups using the facilities agree to hold harmless the cities of Edmonds and Lynnwood, Edmonds School District, and Snohomish County fl and against any and all claims for damages resulting from death, persl injury, or property loss or damage suffered or claimed to have been - suffered by any person whatsoever and rising out of any act or omissii of an applicant and/or its agents during use of facilities. 13. Umpires and/or referees, shall be the final -authority for governing behavior during scheduled activities. 2017 Meadowdale Playfields Development Agreement Page 17 Packet Pg. 137 7.7.b MEADOWDALE PLAY FIELDS FACILITY USE REGULATIONS Page 2 14. Anyone whose action jeopardizes safety or engages in abusive or belligerent behavior will be disqualified from play and barred from the facility. 15. The Facility Supervisor is -responsible for the total operation of the complex and makes the final decisions regarding facility use. MD/kw 0829R . 2017 Meadowdale Playfields Development Agreement Page 18 Packet Pg. 138 A 7.7.b __.___ Pg. 139 7.7.b 297 298 299 300 EXHIBIT C Lynnwood — District ILA Extension 2017 Meadowdale Playfields Development Agreement Page 20 Packet Pg. 140 7.7.b Return Name & Address w��uneiAwnWim�uw�ii Document Title(s) Reference Number(s) of Related Document(s) Grantor(s) Grantee(s) � C. CA, Additional Reference #'s on Page Additional Grantors on Page _ Additional Grantees on Page_ Legal Description (abbreviated form: ie Lot/Block/Plat or Section/Township/Range) Assessor's Property Tax Parcel/Account Number Complete Legal on Page Additional Parcel #'s on Page _ The Auditor/Recorder will rely on the information provided on this form. The responsibility for the accuracy of the indexing information is that of the document preparer. 2017 Meadowdale Playfields Development Agreement Page 21 Packet Pg. 141 7.7.b EXTENSION OF INTERLOCAL AGREEMENT BETWEEN EDMONDS SCHOOL DISTRICT and THE CITY OF LYNNWOOD MEADOWDALE PLAYFIELDS This Extension of Interlocal Agreement ("Agreement"), dated as of Ir%lit ��, 2012, is made and entered into by and between EDMONDS SCHOOL DKFRICT NO. 15 ("School District") and THE CITY OF LYNNWOOD ("Lynnwood"). RECITALS WHEREAS the School District and Lynnwood desire to terminate all interlocal agreements between the School District and Lynnwood with respect to rights and obligations for Lynnwood's use of the fields and amenities at former Lynnwood High School, located at 3001 184th Street SW, Lynnwood, WA 98037-4701 ("Former LHS Agreements"); and WHEREAS the School District, Lynnwood, the City of Edmonds ("Edmonds") and Snohomish County (the "County") entered into a Development/Operation.Agreement Meadowdale Playfields dated June 5, 1985 ("1985 Meadowdale ILA") which pertains to the approximately 25 acres of real property owned by the School District and located at 66th Avenue West and 168th Street S.W., legally described on Exhibit A ("Meadowdale Playfields"), which agreement has a current term through June 5, 2025; and WHEREAS, to forever resolve all outstanding issues between Lynnwood and the School District arising from or related to the Former LHS Agreements, the School District and Lynnwood desire to extend Lynnwood's rights and obligations at Meadowdale Playfields for an additional 40 years beyond the expiration of the current 1985 Meadowdale ILA and contemporaneously terminate, by separate agreement, the Former LHS Agreements; and WHEREAS both the School District and Lynnwood desire to maintain cooperative, collaborative programs and relationships with Edmonds with respect to Parks and Recreation and other issues of interest to their respective constituents; and WHEREAS Lynnwood has expressed a desire to expand Lynnwood's rights and obligations at Meadowdale Playfields to include the rights and obligations of Edmonds under the 1985 Meadowdale ILA, either at the time Edmonds' rights expire under the 1985 Meadowdale ILA or sooner if possible; and 00358-0835/LEGAL23609131.3 -1- 2017 Meadowdale Playfields Development Agreement Page 22 Packet Pg. 142 7.7.b WHEREAS the School District will not guarantee the outcome but agrees to pursue discussions with Edmonds to provide Lynnwood with exclusive use of the Meadowdale Playfields when not needed for school purposes by the School District, all as set forth in this Agreement. NOW, THEREFORE, the School District and Lynnwood hereby agree as follows: 1. PURPOSE The purposes of this Agreement are to: (a) extend, as modified by this Agreement, Lynnwood's use rights and obligations with respect to use of the Meadowdale Playfields under the 1985 Meadowdale ILA by forty (40) years, (b) allow Lynnwood to assume additional use rights and obligations at the Meadowdale Playfields site if Edmonds ceases its use (currently anticipated to occur in 2025 when the 1985 Meadowdale ILA expires as to Edmonds, and potentially sooner if Edmonds desires to terminate its use of the Meadowdale Playfields sooner), and (c) establish cost sharing principles between the School District and Lynnwood regarding potential future redevelopment of the Meadowdale Playfields. 2. CONTRACT ADMINISTRATOR 2.1 Pursuant to RCW 39.34.030(4)(a), to the extent a matter is not governed by the 1985 Meadowdale ILA, the School District and Lynnwood hereby appoint the School District's Executive Director of Business and Operations as the "Contract Administrator", who will be responsible for administering this Agreement, and at the direction of the parties, shall take such action as is necessary to ensure this Agreement is implemented in accordance with its terms. 2.2 This Agreement does not create a separate legal or administrative entity, and consequently is being administered in accordance with RCW 39.34.030(4), as provided in paragraph 2.1. 3. REAL AND PERSONAL PROPERTY 3.1 The School District owns the real property that is the subject of this Agreement. This Agreement does not contemplate the transfer of ownership of the Property nor to limit the School District's ability to comply with its statutory obligations regarding the use and disposition of school property pursuant to RCW 28A.335. 00358-0835/LEGAL23609131.3 -2- 2017 Meadowdale Playfields Development Agreement Page 23 Packet Pg. 143 7.7.b 3.2 The parties will not, during the term of and pursuant to this Agreement, jointly acquire or hold any property (real or personal) with regard to the Meadowdale Playfields; provided that the parties may make available to each other, as a matter of convenience, athletic equipment and other personal property normal and incident to the use of the Meadowdale Playfields. In the event that any such personal property items are shared, the parties shall maintain records indicating the nature and quantity of the items shared. Ownership and maintenance of any such personal property items shall remain with the party who purchased the personal property item. 3.3 By operation of this Agreement, Lynnwood does not acquire any ownership interest in and disclaims any interest to the Meadowdale Playfields, which is and will remain the School District's property. 4. EXTENSION, DURATION AND TERMINATION 4.1 The School District and Lynnwood hereby extend the term of the 1985 Meadowdale ILA, as between themselves only as set forth herein, to June 5, 2065. 4.2 The term of this Agreement shall commence upon filing with the County Auditor or upon listing the Agreement by subject on the School District's web site or other electronically retrievable public source in accordance with RCW 39.34.040 following mutual execution (the "Effective Date") and shall expire on June 5, 2065. 4.3 As between the School District and Lynnwood with respect to any new capital investment by Lynnwood in the Meadowdale Playfields made after the Effective Date of this Agreement not joined in by Edmonds under the 1985 Meadowdale ILA, provided that such investment in the Meadowdale Playfields shall first have been reviewed and approved in writing by the School District, Lynnwood's refund under Section 18(c) of the 1985 Meadowdale ILA shall be calculated as follows: Years this P53 xtension APreement remains in Force Replacement value of Project Construction Cost at Time of Termination. — - -j 5. NEGOTIATIONS TOWARD LYNNWOOD EXCLUSIVE USE RIGHTS AT MEADOWDALE PLAYFIELDS DURING NON -SCHOOL HOURS 5.1 This Agreement does not amend the 1985 Meadowdale ILA, except to (a) extend the term stated in Paragraph 18 for an additional forty (40) years until June 5, 2065, and (b) amend the scheduling stated in Paragraph 17. However, the School District shall engage in good faith negotiations with Edmonds toward moving Edmonds' scheduling and use of the Meadowdale Playfields to other fields when the current 00358-0 935/LEG AL23609131.3 -3 - 2017 Meadowdale Playfields Development Agreement Page 24 Packet Pg. 144 7.7.b Meadowdale ILA expires in 2025 or earlier, and to thereafter provide Lynnwood with exclusive use rights and obligations at the Meadowdale Playfields site during non - school hours as set forth in this Section 5. Lynnwood acknowledges (a) the School District cannot guarantee any particular outcome with regard to negotiations with Edmonds regarding the termination of Edmonds' use of the Meadowdale Playfields prior to 2025, and (b) this Section 5.1 does not require the School District to exercise its termination rights under Section 18(c) of the 1985 Meadowdale ILA to secure any such cessation of Edmonds' Meadowdale Playfields scheduling or use. 5.2 In furtherance of this Section 5, Lynnwood and the School District will jointly request review of the 1985 Meadowdale ILA to seek exclusive non -school use and scheduling rights for Lynnwood if and as soon as Edmonds concurs, as follows: (a) The School District will continue to have priority use of the Meadowdale Playfields during school hours as described in the 1985 Meadowdale ILA. (b) If and when Edmonds terminates its use rights at the Meadowdale Playfields, Lynnwood shall 1. assume Edmonds' future use rights and obligations during non - school hours, and thereafter have exclusive use and scheduling rights at the Meadowdale Playfields, except for the School District's priority use rights during school hours as described in the 1985 Meadowdale ILA; and 2. assume full responsibility for the maintenance, operation, repairs, and restoration of the Meadowdale Playfields site as described in the 1985 Meadowdale ILA. Notwithstanding such amendment, in accordance with section 17(e) of the 1985 Meadowdale ILA, the School District will not pay fees for its use of the Meadowdale Playfields site for educational purposes, but the School District will be assessed for field lighting costs and field preparation done by Lynnwood's maintenance crews (lining, dragging, placement of bases, etc.). 5.3 The City's scheduling periods under Section 17(c) of the 1985 Meadowdale ILA are revised as follows: Field M-5 -City of Lynnwood scheduling starts at 5:30 p.m. Fields M-lthrough 4- City of Lynnwood scheduling starts at 5:00 p.m. 003 58-0835/LEGAL23 60913 1.3 -4- 2017 Meadowdale Playfields Development Agreement Page 25 Packet Pg. 145 7.7.b with the understanding that the School District has the right to work with the City to make special scheduling arrangements on those occasions when the District's use of the fields need to extend beyond those start times. 6. DEVELOPMENT PLANS FOR MEADOWDALE PLAYFIELDS 6.1 The School District agrees to pay one-half of the cost (subject to section 6.2 and applicable budgeting and other applicable legal requirements) of master planning the redevelopment of Meadowdale Playfields at a future mutually -agreeable date, should Lynnwood wish to consider realigning the fields on the Meadowdale Playfields property along with any other site improvements. The School District's role in sharing the cost of the master planning effort, if it occurs, is due to the School District's continued ownership of the property and the School District's interest in continued access to and school use of the fields, as well as parking and driveways at the Meadowdale Playfields as event overflow parking and parent drop-off/pick-up for Meadowdale Elementary and Meadowdale Middle Schools. 6.2 Upon notice to the School District given on or before May 1 and including an estimate of the School District share of anticipated costs, for work that cannot be billed to the School District until the following September, Lynnwood shall have the right to initiate and take the lead on the master planning and site design and redevelopment process under this Section 6. As the owner of the Meadowdale Playfields property, the School District must approve of any redevelopment of the property, which the School District may grant, deny or condition in its sole discretion. The preparation of and agreement to pay for master planning costs does not obligate either party to proceed with construction or redevelopment. 6.3 The School District cannot guarantee but may be willing to share the costs of redevelopment of the Meadowdale Playfields, but only to the extent that the School District derives an educational benefit from such redevelopment (which the School District anticipates may be limited to benefits of the location, function and accessibility of the parking/driveways as noted in section 6.1, and perhaps the redesign of the fields). 7. MISCELLANEOUS 7.1 This Agreement together with the 1985 Meadowdale ILA represents the entire agreement between Lynnwood and the School District with respect to the Meadowdale Playfields. This Agreement shall not be amended except in writing mutually agreed to and executed by Lynnwood and the School District, and the 1985 Meadowdale ILA shall not be amended except in writing in the same manner as that agreement was executed by all parties thereto. 00358-08351LEGAL2360913 1.3 -5- 2017 Meadowdale Playfields Development Agreement Page 26 Packet Pg. 146 7.7.b 7.2 This Agreement and all questions concerning the capacity of the parties, execution, validity (or invalidity), and performance of this Agreement, shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. This Agreement has been negotiated and drafted by all parties and is not to be construed in favor of any party. 7.3 Nothing herein shall be interpreted to create any right or liability with respect to any person or entity not a signatory to this Agreement. 7.4 The parties are independent entities and nothing in this Agreement creates any agency relationship. None of the parties to this Agreement shall be construed to be an officer, agent or employee of any of the other parties. 7.5 In the event of a dispute between the parties arising under this Agreement, the Superintendent of the School District and the Mayor of Lynnwood shall meet to attempt to resolve the dispute within thirty (30) days notice from the Contract Administrator of the existence of a dispute. In the event the Superintendent and the Mayor are unable to resolve the dispute within sixty (60) days notice from the Contract Administrator of the dispute, the parties shall submit the dispute to a mutually agreed upon private arbitrator for a binding resolution. In the event the parties cannot agree on an arbitrator, one may be appointed by the Presiding Judge of the Snohomish County Superior Court, with costs of arbitration borne equally. The prevailing party shall be entitled to recover reasonable attorneys' fees and costs related to said arbitration. 7.6 All notices required to be served or given in accordance with the terms of this Agreement shall be hand delivered or mailed via the U.S. Postal Service, postage pre- paid, to the following addresses of record: Edmonds School District #15 City of Lynnwood Executive Director of Business and Director of Parks, Recreation and Cultural Operations Arts Department 20420 6811i Ave. West PO Box 5008 Lynnwood, WA 98036-7400 Lynnwood, WA 98046-5008 7.7 Any address changes shall be given to the other parties in writing. 7.8 This Agreement may be executed in several counterparts, all of which taken together shall constitute the entire agreement between the parties hereto. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. If and to the extent reasonably required or desirable to 00358-0835/LEGAL236091313 -6- 2017 Meadowdale Playfields Development Agreement Page 27 Packet Pg. 147 7.7.b effectuate the terms of this Agreement, each party shall execute and deliver to the other or third parties involved in issues pertaining to the 1985 Meadowdale ILA such other and further documents, instruments and assurances as such other or third parry may reasonably request, provided that neither party to this Agreement may be thereby required pursuant to this sentence to undertake additional financial or other obligations. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. EDMON SCHOOL DISTRICT NO. 1 f NICK . OSSOIT ED. D. SUPERINTENDENT i DATE: `CITY OF L WO D DON GOUGHAMAY DATE: ✓�''-StY/Z— 00358-0835/LEGAL23609131.3 as kins Coie LLP Attorneys for the School District Approved as to form: — 6 ut --, /, - L4-1 of Inslee, Yest, Doezie & Ryder, P.S. Attorneys for the City -7- 2017 Meadowdale Playfields Development Agreement Page 28 Packet Pg. 148 7.7.b EXHIBIT D Project Overview Project Location: 16700 66th Avenue West (27 acres) Background • 27-acre athletic facility developed in 1990, located in Lynnwood • Property owned by Edmonds School District • City operates and maintains the facility, and shares use with District and City of Edmonds • Interlocal Agreement gives City use of the facility through 2065 Community Need • Only athletic facility in Lynnwood since loss of athletic complex at Lynnwood High School in 2009 • Increased demand for athletic fields in Lynnwood • Facility is 26 years old - need to improve soccer fields and softball complex • Fields are not playable in their current condition, expensive to maintain • League and tournament reservations have declined, fields remain unused during much of the year Proposed Project • Soccer fields — replace existing dirt soccer fields with all-weather surfacing to create multipurpose fields for soccer, lacrosse, and youth baseball. • Softball Complex — install all-weather turf on softball infields, and increase height of fencing and backstops. • Improvements would: -4, provide year-round play with turf fields -3, bring new team sports to MP (lacrosse, youth baseball, girls fast pitch) increase opportunities for youth and adult participation in team sports increase opportunities for outdoor recreation Community Partners City of Lynnwood, City of Edmonds, Edmonds School District, Washington State Recreation & Conservation Office, Snohomish County, and Snohomish County Tourism Promotion Area Total Project Cost Estimate (value -engineered) • $4,740,000 (base -bid infill) SECURED Funding • $2,597,155 • $1,000,000 • $ 750,000 • $ 500,000 • $ 200,000 • 100,000 $5,147,155 City of Lynnwood 2014 ESD Bond RCO (Local Parks & YAF) City of Edmonds Snohomish County TPA Exhibit D: Page 1 2017 Meadowdale Playfields Development Agreement Page 29 Packet Pg. 149 7.7.b Project Schedule • December 13 • January 25 • January 30 • January — March • March 30 • April - May • June — November • December 31 Exhibit D: Page 2 Project Community Open House Project Stakeholder Open House Council Briefing Final Design Construction Ad Bid Opening & Notice to Proceed Construction Construction Complete and Project Closeout MEADOWDALE PLAYFIELDS 27 Acres 16700 66th Ave W 2017 Meadowdale Playfields Development Agreement Page 30 Packet Pg. 150 7.7.b I lit Exhibit D: Page 3 2017 Meadowdale Playfields Development Agreement Page 31 3 16 i �+ J r ELn Ln Packet Pg. 151 7.7.b 305 306 EXHIBIT E 307 National Park Service Agreement & 6f Boundary Map 308 309 310 2017 Meadowdale Playfields Development Agreement Page 32 Packet Pg. 152 7.7.b • •UMB No. 1024-0033 09/30/84 UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SXRVICB Land and Water Conservation Fund Project Agreement State Washington Project Number 53-00594 Project Title Meadowdale Playfields Project Period ;- " Ir136 Project Stage ALL to June 30, 1991 Covered by this Aareement Project Scope (Description of Project) This project involves the further development of the existing'Meadowdale Playfield complex. ' <, Project Cost Total Cost S 390,000 Fund Support not to exceed 50% Fund Amount $ 150,000 Cost of this Stage $ 390,000 Assistance this Stage $ 150,000 DIPS 10-90 2 (7-81) The following are hereby incorporated into this agreement: 1. General Provisions (LWCF Manual) 2. Project Application and Attachments. 3. 4. i I 2017 Meadowdale Playfielopment Agreement Page 3 Packet Pg. 153 7.7.b The United States of America, represented by the Director, National Park Service, United States Department of the Interior, and the State named above (herinafter referred to as the State), mutually agree to perform this agreement in accordance with the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964), the provisions and conditions of the Land and Water Conservation Fund Grants !Manual, and with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances attached hereto or retained by the State and hereby made a part hereof. The United States hereby promises, in consideration of the promises made by the State herein, to obligate to the State the amount of money referred to above, and to tender to the State that portion of the obligation which is required to pay the United States' share of the coats of the above project stage, based upon the above percentage of assistance. The State hereby promises, in consideration of the promises made by the United States herein, to execute the project described above in accordance with the terms of this agreement. The following special project terms and conditions were added to this agreement before it was signed by the parties hereto: In witness whereof, the parties hereto have executed this agreement as of the date entered below. THE t3NITED S ATES OF AMSRI�A STATE SY� WASH I NGTON By (Signature) Signature) National Park Service United States Department of the Interior Date/-?--`; '� NPS 10-902 (7-81) ROBERT L. WILDER (Name) Director (Title) 2017 Meadowdale Playfields Development Agreement Page 34 Packet Pg. 154 ACC43 • UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL P:.RK SERVICE 7.7.b N d STATE Washington 7 (53) Project Amendment No. 53-0059�+ AMENDMENT TO PROJECT AGREEMENT THIS AMENDMENT To Project Agreement No.86-0450is hereby made and agreed upon by the United States of America, acting through the Director of the National Park Service and by the State of Washington pursuant to the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964). The State and the United States, in mutual consideration of the promises made herein and in the agreement of which this is an amendment, do promise as follows: That the above mentioned agreement is amended by adding the following: the project cost is increased by $390,000 ($150,000 LWCF/$240,000 local). Project scope is increased to allow for additional development of the Meadowdale Playfield complex. With this amendment the total project cost is $780,000 ($300,000 LWCI= and $4+80,000 local), In all other respects the agreement of which this is an amendment, and the plans and specifications relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below. I THE UNITED STATES OF AMERICA/ STATE By �1�</1•_ - Washington Signature) (State) CF EF, DIVISION By (Title) Signature) National Park Service ROBERT L. WILDER United States Department of (Name) the Interior Date t 1986 Director NPS 10-902a ( 7—B 1) 2017 Meadowdale Playfields Development Agreement Page 35 (Title) Packet Pg. 155 i7 r- m 7.7.b • Packet Pg. 157 1 7.7.c Feser, Angie From: Sharon Cates <sharon@lighthouselawgroup.com> Sent: Thursday, February 16, 2023 12:01 PM To: Feser, Angie Cc: Burley, Shannon; Cort, Todd; Woods, Kyle Subject: Re: CoE - CoL ILA legal opinion Good morning, Angie, There may be some semantic nuances that may come into play, so please let me know if you think I'm missing something, but to answer your questions, below: The current (2017) ILA (see highlighted copy attached) clearly states that the shared financial and other responsibilities of the parties specified in the ILA relate to the defined "Project," which is described in Section 1 as including the redevelopment of two multipurpose fields, three softball fields, and backstops, perimeter fencing, and walking pathways. The ILA also refers to certain athletic fields owned by the District as the "Meadowdale Playfields" (see third "Whereas" paragraph.) The ILA doesn't refer to the property as the "Meadowdale Playfields Park," as you do in your question below, and I don't know if there is a difference between that term and the "Meadowdale Playfields" referenced in the ILA. The 2017 ILA is restricted to the Playfield improvements noted above. Assuming that your question is referencing these improvements as the "initial park development," there is no provision in the ILA that commits either Edmonds or Lynnwood to provide any further funding or other support for additional athletic field or park improvements. Section 27 states that, "[e]xcept as provided in the 1985 ILA, as amended, this Agreement represents the entire agreement between the District and the Cities with respect to the Project." The 1985 ILA, which more broadly contemplates improvement to the District property defined therein, states at Section 1 that the District will make certain of its property available for development by the parties to that ILA, and at Section 4 that "The Cities, County, or School District may propose additional development plans for the recreation site after first consulting with the other parties to this Agreement concerning the feasibility of such development." This indicates to me that the 2017 ILA was the result of such a consultation, and that any future development of the District's property would be done through a new ILA. Please let me know if this doesn't fully answer your questions. Best regards, Sharon Sharon Cates 600 Stewart Street, Suite 400 Seattle, WA 98101 Phone: 206-273-7440 E-mail: sharon@lighthouselawgroup.com THIS MESSAGE IS PRIVATE AND PRIVILEGED. IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS MESSAGE, PLEASE DELETE IT AND PLEASE DO NOT COPY OR SEND IT TO ANYONE ELSE. Packet Pg. 158 7.7.c From: "Feser, Angie" <Angie.Feser@edmondswa.gov> Date: Thursday, February 16, 2023 at 9:09 AM To: Sharon Cates <sharon@lighthouselawgroup.com> Cc: Shannon Burley <Shannon.Burley@edmondswa.gov>, Tort, Todd" <Todd.Cort@edmondswa.gov>, "Woods, Kyle" <Kyle.Woods@EdmondsWa.Gov> Subject: CoE - CoL ILA legal opinion Sharon, I am resuming work on renewing the city's ILA with City of Lynnwood for Meadowdale Playfield Park. I have a couple of questions about the existing ILA on which I would like to get your legal opinion. 1. Does the current ILA clearly state or imply that ALL improvements to the park are a shared responsibility of the parties of the agreement or just the athletic fields? 2. Does the current ILA clearly state that both the cities of Edmonds and Lynnwood are each responsible for 50% of park improvements beyond the initial park development? Thank you, Angie Feser I Director I She/Her Frances Anderson Center 1 700 Main Street I Edmonds WA 98020 425.771.0230 (office) 425.771.0256 (direct) 1425.361.5697 (cell) Website I Facebook Instagram EDMONDS Pm", REcwAnc N s wmuoii smt Packet Pg. 159 7.7.d LLE LYNNWOOD W A S N I N G T O N DARKS, RECREATION 6 CULTURAL ARTS DATE: October 4, 2023 FROM: Parks, Recreation & Cultural Arts Director Sordel, Presenter and City of Lynnwood Contact RE: Meadowdale Playfields Playground Project BACKGROUND: MEMORANDUM For the past 38 years, the cities of Edmonds (COE) and Lynnwood (COL) have shared equally the costs and responsibilities of the operations and maintenance of the Meadowdale Playfields. In 1985, a 40-year Development and Operations agreement Operations and Maintenance Agreement provided the foundation of the partnership (See Attachment 1). This document provided the background and need for parks and recreation services and the fact the Edmonds School District (ESD) agreed to make the 25 acres available for development. The park's Master Plan was also made part of this agreement. Section 8 on page 2 provided the foundation and language for the future operations and maintenance costs of the new park. This is where the cities were held responsible to "equally share the costs and responsibility of maintenance and operation for each phase of the project." A detailed maintenance agreement was to be developed after the final master plan was accepted by both cities. In late 1990, a second Playfields Operation and Maintenance Agreement was created (Attachment 2). This document was created after the park was developed and reinforced the commitment for the cities to equally share the costs of maintenance and operations of the new park. Please note there is no reference for ESD to contribute to the ongoing maintenance and operations of the park. ESD contributed the land for development and was never a part of the park's maintenance. These two important documents reinforced the fact both cities were created to be "co -equal partners" to share the ongoing cost of the operations and maintenance of the park. Through the years, the costs of materials, supplies and equipment have been equally shared. This partnership has been essential to the success of the quality of care to the park. PLAYGROUND PROJECT The original playground equipment was installed in 1990. In 2021, COL determined the equipment should be replaced as it had completed its useful life. Many safety and liability c`''•i issues were known so COL informed COE of its intent to remove the playground and begin to N seek community input on the new equipment. c m E COL initiated a robust outreach effort which included every student at Meadowdale Elementary School, and residents of both cities were requested to submit their ideas. a Page I packet Pg. 160 7.7.d LLE LYNNWOOD W A S H 1 N G T O N PAIRS. oicouTior A CYITYIA� APTS Hundreds of surveys were received, and the overwhelming responses included the need for an inclusive type of playground with as many swings as possible. COL began to work with playground vendors and, through its procurement procedures, selected Great Western Recreation to lead the development. The project's scope was refined to include the important findings from the outreach work. COL shared the design and plans for the replacement. An important fact to note was that, when the project was initiated, all of the significant ADA issues were identified and made part of the project. This included the new ADA parking stalls, pathway from the parking lot to the new playground and a concrete pad for the picnic table adjacent to the new structure. The poured in place (PIP) surface was selected because of its known safety benefits and durability along with considerations to the ongoing maintenance of the surface. PROJECT COSTS The total cost of the project including the ADA improvements was $509,344.31. COL received a $10,000 contribution from Snohomish County's Small Capital Project Partnership program. This reduced the cost to $499,344.31. A 50% contribution from COE is $249,672.15. Detailed invoices are included for review (Attachment 3). SUMMARY This project was important to both cities. The Playfields are a highly valued site and the new playground was designed using the tremendous input received. As "co -equal" partners, it is hoped the costs would be shared equally as described in the ILA documents. The playground was a deferred maintenance project, and the new investment should last another 30+ years. COE's boundary is contiguous to this park. Your community members use this park on a regular basis. This is exactly why we sought input for the park's design. We sincerely hope COE will honor the terms of the Agreements and the investments made to create this beautiful park. Page 2 packet Pg. 161 Attachment 1 7.7.d eati•S-�l- 5 �0�S1Y5- RECEIVED 6 JUN 2 5 1985 Ueafte okvs DEVELOPMENVOPERATION AGREEMENT MEADOWDALE PLAYFIELD SITE WHEREAS, each of the subscribed signatories hereto is a public agency as defined by RCW Chapter 39.34; WHEREAS, each of the subscribed signatories desire and agree to enter into a joint action and to cooperate with each other for the purpose of developing, operating, maintaining, and scheduling a recreation-site;and; WHEREAS, Edmonds School District No. 15 owns approximately twenty five (25) acres located at 66th Avenue West and 168th Street S.W., and has indicated said acres to be called "Meadowdale Playfield Site," and WHEREAS, the Cities of Edmonds and Lynnwood, Snohomish County, and Edmonds School District No. 15 have identified a need for parks and recreation sites that will accord best with geographic, economic, population, and other factors influencing the development of the local communities, and; WHEREAS; Edmonds School District has identified the need for additional athletic fields in this area to enhance the District's educational program; NOW THEREFORE, the parties do agree as follows: 1. The Edmonds School District No. 15 agrees to make the property available for development by the agencies identified in this Agreement for consideration of use of the fields for school district -sponsored educational activities. The Cities of Lynnwood, Edmonds, and Snohomish County intend to establish the responsibility of each party to this agreement for the development, operation, maintenance, and scheduling of the recreation site. 2. The drawing dated March; 1985, entitled "Master Plan," adopted by the Councils of Lynnwood and Edmonds, Snohomish County's Parks and Recreation Advisory Board and County Council, and Edmonds School District No. 15, is hereby made a part of this Agreement. The plan outlines development on the twenty five -acre site and considers future developments and scheduling of adjacent School District property: Meadowdale Elementary, Meadowdale Middle School, and Meadowdale High School. 3. The Cities, County and School District agree that no call for bids will be authorized for each phase of the construction until such c a� E s �a Packet Pg. 162 - - -- ----------- time as all agencies have approved the final plans, specifications and cost estimate for each phase. Also that no award of a construction contract shall be made until approved by all agencies. 4. The Cities, County, or School District may propose additional development plans for the recreation site after first consulting with the other parties to this Agreement concerning the feasibility of such development. The costs of preparing such development plans will be borne entirely by the initiating agency unless a written agreement to share such costs is approve by all parties prior to the incurring of any costs. Development plans for the recreation site shall be first approved by the other agencies prior to initiating construction, improvement or installation. The preparation of proposed development plans does not obligate the initiating agency to proceed with construction. 5. The Cities shall bear the costs of construction. Snohomish County will contribute $150,000 in 1984/85 and additional amounts, as is later determined. The Cities of Lynnwood and Edmonds will each contribute $120,000 per year for five years for construction of the project. 6. The City of Lynnwood will serve as the construction agent for the purpose of initially incurring all expenses for all elements of the construction of the joint facility, including but not limited to architect and engineering fees, site development/construction fees, Washington State sales tax, etc. The Parks and Recreation Director of Lynnwood will act as the Construction Administrator. The Edmonds Parks and Recreation Director will act a Construction Administrator.in the absence of the Lynnwood Parks and Recreation Director. 7. The City of Lynnwood shall bill the City of Edmonds and Snohomish County for their share of the project costs in accordance with the amounts listed in Section 5. Lynnwood shall keep appropriate books and accounts covering all construction related costs for review or audit by the agencies. 8. The Cities will share equally the costs and responsibility of v maintenance, and divide the maintenance and operation responsibility c as each phase of the project is completed. The Cities will each account for the costs of maintenance and operation of the playfields c and adjust responsibilities annually if they are not equal. The N School District will pay for the costs of field preparation for the District's use. A detailed maintenance agreement will be developed S after the final master plan is accepted by all cities and an agreement is reached on the phases of the project's development. a Packet Pg. 163 7.7.d 9. If it is prudent to close or reduce scheduled use of a field because of severe adverse weather conditions or other unforeseen causes, the agencies involved shall confer and agree concerning reduced use. 10. If the Cities''Parks and Recreation Departments and the District's representative are unable to come to an agreement in the administration of this Agreement and/or any dispute involving this Agreement, including payment of assessments or making good on maintenance agreements, the matter shall be referred to the Cities' Mayors and the District's Superintendent for resolution. Should agreement not be reached among the Mayors and the Superintendent, the Cities and the District will each appoint an arbitrator at their respective expense. The three arbitrators will be given a designated time to arrive at a decision which shall be binding on all parties. 11. At least once a year, or upon written request of any party, this Agreement shall be reviewed by all parties' representatives for the purpose of reconsidering the equitable distribution of the responsibilities of each party. Recommendations for amendments shall be made to the Cities' Mayors and the District's Superintendent and presented to the Cities' Councils and the School Board for approval. 12. The Cities and the District, but not the County, shall indemnify and hold harmless each of the other parties including the E County, to this Agreement and their respective officers, agents and employees, from any and all loss, damage, liability or expense, _ including expense of litigation, resulting from any actual or alleged c injury to any person or firm or to such person or firm's property, caused by or resulting from any act or omission of the party which constructs, maintains, or designs any facility or from any act or L omission which occurs as a result of the use of any area or facility :2 by the party or its guest or invitee. It is the intent of the parties that each party bear, and indemnify the other parties, from all claims, costs or loss which relate to that particular party's use, the N use of its guests or invitees and the party's design, construction, or c maintenance of any area or facility. Joint use, design, construction ° or maintenance shall result in indemnification by such parties of all w parties not participating in sucYr joint use, design, construction or c maintenance. Participation by any party by the payment of funds alone w under this Agreement shall not be "used" for the purposes of this paragraph. It is the stated intent of the parties that the County's c liability under this contract be limited to the amount of its monetary N contribution and that the County shall be liable for no other cost, N charge, claim or liability of any kind. c E s 13. The Cities and the District shall agree on a set of policies a Packet Pg. 164 7.7.d for use of the facilities. Attached in Appendix "A" are policies and procedures for the fields. 14. Each agency, in the use of the areas and.facilities shall be responsible for the damage caused by the acts of its officers, agents, employees, guests, invitees," or visitors that use the facilities, not to include normal wear and tear. The costs or repairs or replacement due to vandalism will be shared equally by the Cities. 15. The Cities may assess and collect fees from participants for any activity held on the site. Edmonds and Lynnwood will agree on a schedule of fees and charges annually. 16. The Cities or District will furnish and supply all expendable materials necessary for carrying on their activity at the facility. 17. Scheduling procedures: A. The Cities will jointly schedule use of the site with each agency receiving equal time for scheduling community programs. Schedules will be coordinated to assure maximum use of the facility. B. Scheduling will be based on three seasonal time periods, i.e., Winter - January through March; Spring/Summer - April - August; and Fall - September through December. C. School District programs will receive priority use of the site during the normal school year (September through May), up to 6:00 p.m., Monday through Friday. Scheduling of school programs after 6:00 p.m. will be coordinated with other community programs. D. Actual scheduling procedures, i.e., field use applications, rental fees, scheduling dates, supervision of activities, group priorities, etc., will be jointly developed and coordinated by staff from both Cities. E. The District will not pay field rental fees for its use of o the facilities for educational purposes. The District will be N assessed for field lighting costs and field preparation done by the N Cities' maintenance crews (lining, dragging, placement of bases, c ai etc.). E s F. The Cities and the District will maintain records that will W Q Packet Pg. 165 7.7.d make clear the lines of responsibility and liability of the scheduling agencies. 18. This Agreement.shall be ir, effect for. forty. (40) years from this date or until terminated by a majority vote of the parties, except as provided for in 18.c., or mutually amended in writing in the same manner as this agreement was executed. a. Should either of the Cities or the County unilaterally wish to withdraw from this Agreement, they shall do so only after having given the other parties written notice of intent to terminate at least one hundred eighty (180) days prior to such action. b. Unilateral withdrawal from this Agreement gives the withdrawing party no rights to recover any portion of its investment in the site or to use any portion of the site. Ownership of any improvement other than portable equipment items shall be vested in the District subject to such rights as shall be agreed upon in writing prior to the initiation of such improvements. C. If the District terminates this Agreement before its full term, the District will give the Cities and the County one hundred. eighty (180) days notice of its intent and will reimburse the Cities and the County for the amortized value of the development costs and costs of improvements. Value shall be calculated by using the formula: Years Agreement in Force X Replacement Value of All project 40 costs at the time of termination. 19. If a negative Declaration for Environmental Impacts is not approved, and conditions or mitigations are imposed in accordance with the State Environmental Protection Act that would impose greatly increased costs not anticipated by this Agreement, any party may withdraw from this Agreement without penalty. Packet Pg. 166 7.7.d 20. If any action, subsection, sentence, clause, or phrase of this Agreement is for any reason held to be unconstitutional or illegal, such decision shall not affect the validity of the remaining portions of this Agreement. This Agreement shall be filed with the City Clerks, Snohomish County Auditor, and the Secretary of State. DATED this 5th day of June 1985.. CITY OF EDMONDS: CITY OF LYNNWOOD: Ma-�'of Lynnwood EDMONDS SCHOOL DISTRICT NO. 15 P6kq t 9 IeX Su e ntendent of Schools SNOHOMISH COU .. TH0il,A5 DEPL Y.ECUTIV ntv 'Exect-five 5 1989 E Packet Pg. 167 7.7.d APPE= X MEADOWDALE PLAY FIELDS FACILITY USE REGULATIONS JANUARY, 1985 1. Alcoholic beverages and drugs are prohibited at the complex, and sm is prohibited on the playing fields. 2. No golfing is permitted on the site unless approved by the Parks an Recreation Department. 3. Motorized vehicles are to be parked only in designated parking area are prohibited on the fields. 4. Pets must be on leash at all times except as may be permitted for s events approved by the Parks and Recreation Department. 5. No person shall engage in the sale of merchandise or services or op a concession without approval of the Parks and Recreation Departmen 6. No person shall mutilate, deface, or damage any facility improvemen All litter shall be disposed of in designated receptacles. 7. Youth organizations will not be permitted to utilize the facilities without adequate adult supervision at all times. 8. All organizations, groups, and/or individuals utilizing the facilit must leave them in satisfactory condition. Failure to do so will r in additional maintenance costs charged to the organization, group, individuals responsible for additional clean-up. 9. The Parks and Recreation Department reserves the right to cancel an facility use permit for just cause or to amend the procedures set f in this document at any time. 10. The Parks and Recreation Department is not responsible for accident injuries, or loss of property. 11. Misuse of park facilities or failure to conform with these regulati will be sufficient grolunds for immediate permit suspension and/or d of future applications. 12. The groups using the facilities agree to hold harmless the cities o 0 Edmonds and Lynnwood, Edmonds School District, and Snohomish County N and against any and all claims for damages resulting from death, pe N injury, or property loss or damage suffered or claimed to have been suffered by any person whatsoever and rising out of any act or omis of an applicant and/or its agents during use of facilities. 13. Umpires and/or referees shall be the final -authority for governing a behavior during scheduled activities. 1 Packet Pg. 168 K 7.7.d MEADOWDALE PLAY FIELDS FACILITY USE REGULATIONS Page 2 14. Anyone whose action jeopardizes safety or engages in abusive or belligerent behavior will be disqualified from play and barred from the facility. 15. The Facility Supervisor is -responsible for the total operation of the complex and makes the final decisions regarding facility use. MD/kw 082SR w a Packet Pg. 169 7.7.d Attachment 2 MEADOWDALE PLAYFIELD OPERATION AND MAINTENANCE AGREEMENT WHEREAS, the cities of Edmonds and Lynnwood, Snohomish County, and Edmonds School District No. 15 have jointly developed a site known as the Meadowdale Playfield site pursuant to a Development and Operations Agreement dated June 5, 1985; WHEREAS, paragraph 8 of such agreement provides in part that ". . . the cities will share equally the costs and responsibilities of maintenance and each account for the cost of maintenance and operation of the playfields and adjust responsibilities annually if they are not equal. The School District will pay for the cost of field preparation for the District's use. A detailed maintenance agreement will be developed after the final master plan is accepted by all cities and an agreement is reached on the phases of the project's development"; and WHEREAS, the parties wish to provide for a more permanent basis of operation and maintenance responsibility. NOW, THEREFORE, In consideration of the mutual benefits to be derived and the promises set forth herein, the City of Lynnwood, Washington (hereinafter "Lynnwood"), and the City of Edmonds, Washington (hereinafter "Edmonds"), do hereby enter into the following agreement under the terms and conditions herein set forth: 1. Term of Agreement. This agreement shall run from year to year with annual amendments by the parties as herein set forth. Its initial term shall be for the budget year January 1, w a WSS52526A/0006.120.054 -1- EXHIBIT I WSS/klt 12/04/90-2 Packet Pg. 171 7.7.d 1991, through December 31, 1991. It shall be automatically renewed unless the underlying Development and Operations Agreement is terminated by the parties. 2. Managing Agency. Lynnwood is hereby designated as the managing agency and shall incur all costs associated with the normal operation and maintenance of the joint facility subject to appropriate reimbursement from the other parties as herein provided. 3. Billing. The City of Lynnwood shall provide a detailed billing statement of the net costs and maintenance operation of the joint facility to the City of Edmonds on a quarterly basis. The School District shall pay the cost of field preparation for District use. The following estimated costs of such operation and maintenance shall be established annually as provided below in paragraph 4. Such estimated costs shall not be conceded on a quarterly basis without the express written consent of the other parties. 3.1. Upon receipt the parties shall have twenty (20) working days to review said bills and tender payment. 3.2. In the event of dispute regarding the amount or appropriateness of any charge, the affected party shall notify Lynnwood in writing by depositing same in the U.S. mail addressed in care of the City Clerk, City of Lynnwood, Lynnwood, Washington, within the twenty (20) day review period and shall pay any amount not in dispute within said period. w a WSS52526A/0006.120.054 -2- WSS/k1t 12/04/90-2 Packet Pg. 172 7.7.d 3.3. The parties shall attempt to first resolve the issue between themselves. If they are unable to resolve the dispute within thirty (30) days of the mailing of the notice of dispute, the parties shall submit the matter to binding arbitration before an arbitrator to be mutually agreed upon. The cost of arbitration shall be born equally between the parties; provided, however, that either party may refuse to submit to arbitration any charge or cost alleged to be prohibited by law or the Constitution of the State of Washington or the United States of America. 4. Annual Estimates. Lynnwood shall submit annually on or before September 15 of each year the estimated maintenance and operation costs for the full following budget year. The cost shall reflect complete maintenance and field preparation for fields 1, 2, 3, 4 and 5 as well as the anticipated electrical and other utility charges necessary to light all fields and otherwise provide for the operation of the complex. Such information shall be submitted by that date in order to be reviewed as a part of the normal budget process. The maintenance charges shall be deemed incorporated into this operation and maintenance responsibility when such estimate of charges is attached hereto as approved by the City Council of the affected party through the budget process. Upon such attachment, this Agreement shall be deemed to be renewed for an additional year. 5. Accounting Procedures. Lynnwood shall keep appropriate books and accounts covering the operation and maintenance for review or audit by a paying party. A separate accounting shall a WSS52526A/0006.120.054 -3-- WSS/klt 12/04/90-2 Packet Pg. 173 7.7.d be maintained for all revenue collected from the complex and fully credited to each city's or other party's operating and maintenance account. 6. Insurance. Lynnwood shall provide the necessary property insurance required for adequate protection of the facility and naming Edmonds as an additional named insured. The deductible applicable to all claims shall be $1,000.00 per occurrence unless otherwise agreed upon by the parties. 7. Interpretation and Inoorporation. The prior agreement between the parties dated June 5, 1985, is hereby incorporated by this reference as fully as if herein set forth. Such agreement shall remain in full force and effect and shall govern the interpretation of the provisions of this Agreement. Also to be utilized in any interpretation of this Agreement is the "Master Plan" adopted by the parties and dated March 1985. S. Normal operation and Maintenance. Normal operation and maintenance of the facility shall include the following items: 8.1. operation. 8.1.1. Receiving and processing of use request forms, collection of fees and original scheduling of approved activities in accordance with the provisions of the original agreement. 8.1.2. Set up and supervision of all scheduled activities. 8.1.3. Organization, coordination, and supervision; c of the concession stand operation. E w a WSS52526A/0006.120.054 -4- WSS/klt 12/04/90-2 Packet Pg. 174 7.7.d 8.1.4. Purchase of required operating materials including but not limited to soccer nets, bases, field lining material, and other similar and normal operational materials. 8.1.5. Payment of all utility charges including but not limited to electric, water, sewer, garbage, telephone, alarm and monitoring. 8.2. Maintenance. 8.2.1. Purchase of all materials required for the normal maintenance of the facility including but not limited to restroom supplies, garbage bags, fertilizers, seed, sand, soils, bark, chemicals, irrigation supplies and lighting supplies. 8.2.2. Purchase of all equipment and tools required for normal maintenance of the facility including but not limited to tractor and trailer, field liner, drags, and hand tools. 8.2.3. Mowing, trimming, aerating, verti cutting, top dressing, seeding, fertilizing and weed control of all turf areas. 8.2.4. Maintenance of the control building (includ- ing restrooms, storage and office areas). > a 8.2.5. Programming and maintenance of the auto- _ mated irrigation system throughout the facility. E w 8.2.6. Collection and disposal of all litter. 8.2.7. Cleaning and maintenance of parking lots, 0 0 walkways, hard court surface area and bleachers. N 0 N 8.2.8. Repair of items damaged by vandals or other r _ d misuse. E w a WSS52526A/0006.120.054 -5- WSS/klt 12/04/90-2 Packet Pg. 175 7.7.d 8.2.9. Performing such other normal operation and maintenance duties as are normally required in the operation of this facility whether or not listed above. 9. Estimated Annual Charge. The total estimated annual charge for the Meadowdale facility for each and every budget year shall be attached to this Agreement as an exhibit and upon attachment shall be incorporated as fully as if herein set forth. The total estimated cost for the facility for 1991 is $65,800 for operations and maintenance. The cost for any year or any calendar quarter shall not exceed 110% of the original estimate for such period without the prior written approval of the City Councils of Lynnwood and Edmonds. 10. Revenues. The revenue from the facility shall include field rental fees and the concession operation. Such revenue shall be shared equally by Edmonds and Lynnwood. Each city shall collect revenue from their own league activities and may, at the option of each City, permit such monies to be credited against their obligations under this Agreement. 11. Integration; Termination. This Agreement shall be integrated with and interpreted in accordance with the development/operation agreement for the Meadowdale Playfield of June 5, 1985, and may be terminated only in accordance with the termination provisions set forth in that agreement. DONE this -�- day of , 199k-- CITY OF EDMONDO /f By: r c d hten, Mayor w a WSS52526A/0006.120.054 -6- WSS/klt 12/04/90-2 Packet Pg. 176 7.7.d ATTEST/AUTHENTICATED: Jacelllne G. Parrett, City Clerk Approved as to form: f 1) �Yffr;v City torney CITY OF LYNNWOOD N By ._.. t/ M. Hrdlicka, Mayor AT ST/AU E ICATED: obert W. ack, City Clerk Approved as to form: J City Attorney WSS52526A/0006.120.054 —7— WSS/klt 12/04/90-2 Packet Pg. 177 7.7.d MEADOWDALE PLAYFIELDS 1991 Estimated Maintenance and Operation Costs The following estimated cost covers maintenance and operation of the facility for the full year. Costs reflect complete maintenance and field preparation for all fields. Totals include labor, materials and equipment rental costs. 1. Turf Maintenance a. Mowing $6,800 b. Aerating, verticutting, top dressing seeding, etc. 1,700 C. Fertilizing and weed control 3,900 2. Irrigation Control and Repair 1,800 3. Building Maintenance Daily Maintenance, Repairs, Telephone Alarm Monitoring 1,750 4. Litter Control and General Clean-up 5,250 5. Sand Field Maintenance 2,000 6. General Site Maintenance Pruning, Play Equipment, Storm Drains Holding Ponds, Leaves, Landscape Materials and Fence Repairs, 2,800 7. Field Preparation and Facility Monitoring 22,200 Year -Round for all fields. 8. Water, Sewer and Electricity 11,129 a. Sewer reflects a 5% increase b. Water reflects a 8% increase 9. Insurance 6,000 10. Administrative Costs __ 500_ TOTAL ESTIMATED COST FOR 1991 $65,800 Edmonds Share 32,900 Lynnwood Share 32,900 E a 455RI/7 Packet Pg. 178 7.7.d Remit to: Attachment 3 GameTime� Game Time Invoice PO Box 680121 Page 1 of 5 Fort Payne, AL 35968 A I=LAYcoRE Company Invoice number PJI-0193933 Customer no 00043022 j 150 PlayCore Dr SE, Fort Payne, AL 35967 Invoice date 9/26/2022 Customer PO PO 20220408-00 3 www.gametime.com Payment terms Net 30 days Reference 2207020 (256) 845-5610 * (800) 633-2394 Date shipped 9/23/2022 N L Sold to: Ship to City of Lynnwood City of Lynnwood 19100 44th Ave W Meadowdale Playfield Q Lynnwood, WA 98046 18900 44th Ave W W Lynnwood, WA 98036 N N O Original Order No: 2187318 N Project Name Meadowdale Playfield Playground Option 3 J Sales Group: Great Western Y Recreation a m Catalog No Description Qty Unit price Amount R 13 RDU PLAYGROUND EQUIPMENT 1.00 109,762.000 109,762.00 ?, 26057 2 WAY X-POD STEP (BASIC:SB SKY-BLUE) (ROTOPLASTIC:PE 1.00 0.000 0.00 O PERIWINKLE) ca d 6232 1'-0"POD (BASIC:SB SKY-BLUE) (ROTOPLASTIC:PE PERIWINKLE) 4.00 0.000 0.00 2 3903 12"HYPNETIC SPINNER 2SIDE 1.00 0.000 0.00 '0 O 3960 MAZE SLIDER 1.00 0.000 0.00 3 4958 GIZMO ASSY (HYPNO WHEEL) 1.00 0.000 0.00 = 4962 Echo Chamber 1.00 0.000 0.00 = 26071 SYMMETRIC CLIMBING WALL (BASIC:SB SKY-BLUE) 1.00 0.000 0.00 J 26080 STRETCHED LOOP LADDER (ACCENT:BH BG290) 1.00 0.000 0.00 O A 26094 TRIANGULAR SHROUD 8.00 0.000 0.00 �= U 26121 90 DEG 3-WAY X-POD STEP (BASIC:SB SKY-BLUE) 1.00 0.000 0.00 (ROTOPLASTIC:PE PERIWINKLE) 0 26143 90 DEG 2-WAY X-POD STEP (BASIC:SB SKY-BLUE) 1.00 0.000 0.00 O (ROTOPLASTIC:PE PERIWINKLE) 26153 GRIP RAIL LINK (ACCENT:BH BG290) (BASIC:SB SKY-BLUE) 1.00 0.000 0.00 C 26162 CONNECTSCAPE CLIMBER 2'-6 (ACCENT:BH BG290) 1.00 0.000 0.00 O 26170 XCELERATOR (ACCENT:BH BG290) (BASIC:SB SKY-BLUE) 1.00 0.000 0.00 0) 27074 60 DEG TRAPEZOID OVERHEAD (ACCENT:BH BG290) 1.00 0.000 0.00 ca 39012 TOT'S LEAF (BASIC:SB SKY-BLUE) (ROTOPLASTIC:PE 2.00 0.000 0.00 (L PERIWINKLE) 80000 49" SQ PUNCHED STEEL DECK (DECK:PVC:GA RAL_7012 GRAY) 1.00 0.000 0.00 d 80078 6"STEPPED PLATFORM (DECK:PVC:GA RAL_7012 GRAY) 1.00 0.000 0.00 �+ ca 80082 SLIDE TRANSFER (ACCENT:BH BG290) (BASIC:SB SKY-BLUE) 3.00 0.000 0.00 a (DECK:PVC:GA RAIL_7012 GRAY) N 80686 HANDHOLD/KICKPLATE PKG (ACCENT:BH BG290) (ACCENT_2:BH 2.00 0.000 0.00 = O BG290) E 80687 HANDHOLD/KICK PLATE PKG (ACCENT:BH BG290) 1.00 0.000 0.00 _0 W (ACCENT_2:13H BG290) '0 O 81669 HAND CYCLER (2_COLOR_HDPE:BB BLU/BGE/BLU) 1.00 0.000 0.00 r 81684 TELESCOPE (ACCENT_2:BH BG290) (BASIC:SB SKY-BLUE) 1.00 0.000 0.00 0 81699 BONGOS (ROTOPLASTIC:PE PERIWINKLE) 1.00 0.000 0.00 0 oC 81766 LEAF STEP (ACCENT:BH BG290) (ROTOPLASTIC:PE PERIWINKLE) 2.00 0.000 0.00 M 90005 TWO PIECW HEX DECK-ADA (DECK:PVC:GA RAIL_7012 GRAY) 2.00 0.000 0.00 C 90109 SCHOONER CLIMBER 7'-6"/8' (ACCENT:BH BG290) 1.00 0.000 0.00 N 90176 CROW'S NEST W/GIZMO-ADA (ACCENT:BH BG290) 1.00 0.000 0.00 = (DECK:PVC:GA RAL_7012 GRAY) (ROTOPLASTIOPE PERIWINKLE) d t 90189 GANZA (ACCENT:BH BG290) (ROTOPLASTIC:PE PERIWINKLE) 1.00 0.000 0.00 90197 NATURE PANEL (ROTOPLASTIC:PE PERIWINKLE) 1.00 0.000 0.00 V ca w 90216 RUNG ENCLOSURE BARRIER (ACCENT:BH BG290) 2.00 0.000 0.00 Q 90264 6' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY_BLUE) 2.00 0.000 0.00 90265 7' UPRIGHT ASSEMBLY(ALUM) (BASIC:SB SKY-BLUE) 3.00 0.000 0.00 90266 8' UPRIGHT ASSEMBLY(ALUM) (BASIC:SB SKY-BLUE) 1.00 0.000 0.00 Packet Pg. 179 7.7.d Remit to: GOGame Time Invoice PO Box 680121 Page 2 of 5 Fort Payne, AL 35968 A I=LAYcoRE Company Invoice number PJI-0193933 Customer no 00043022 j 150 PlayCore Dr SE, Fort Payne, AL 35967 Invoice date 9/26/2022 Customer PO PO 20220408-00 3 www.gametime.com Payment terms Net 30 days Reference 2207020 (256) 845-5610 * (800) 633-2394 Date shipped 9/23/2022 N L Sold to: Ship to City of Lynnwood City of Lynnwood 19100 44th Ave W Meadowdale Playfield Q Lynnwood, WA 98046 18900 44th Ave W W Lynnwood, WA 98036 N N O Original Order No: 2187318 N Project Name Meadowdale Playfield Playground Option 3 J Sales Group: Great Western Y Recreation L ca a Catalog No Description Qty Unit price Amount m 90269 11' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY-BLUE) 1.00 0.000 0.00 3 90271 13' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY-BLUE) 2.00 0.000 0.00 O 90272 14' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY-BLUE) 4.00 0.000 0.00 to d 90429 CROW'S NEST W/WHEEL-ADA (ACCENT:BH BG290) 1.00 0.000 0.00 (DECK:PVC:GA RAIL_7012 GRAY) O 90530 LITTLE FOOT SLIDE (ACCENT:BH BG290) (ROTOPLASTIOPE 1.00 0.000 0.00 0 PERIWINKLE) (TUBE:PE PERIWINKLE) _ 90534 RUNG KICKPLATE 3'-0" (ACCENT_2:13H BG290) 1.00 0.000 0.00 = 90545 WAVE CLIMBER (ROTOPLASTIC:PE PERIWINKLE) 1.00 0.000 0.00 J 90546 CLIMBER ARCHWAY W/D-RING (ARCH:BH BG290) 1.00 0.000 0.00 4- O 90575 SCRAMBLE UP 6'-6"/8'-0" (BASIC:SB SKY-BLUE) (HDPE:BL 1.00 0.000 0.00 r BLUE2002) U 90891 8 Ft Straight Slide (ROTOPLASTIC:PE PERIWINKLE) 1.00 0.000 0.00 O 91139 ENTRYWAY BARIER (ACCENT:BH BG290) 3.00 0.000 0.00 E 91209 CLIMBER ENTRYWAY BARRIER (ACCENT:BH BG290) 2.00 0.000 0.00 O 91334 CLIMBER OFFSET -BARRIER (ACCENT:BH BG290) 1.00 0.000 0.00 C 91475 SENSORY RAMP LINK 1'-6"/2 (ACCENT:BH BG290) (DECK:PVC:GA 1.00 0.000 0.00 O RAL_7012 GRAY) (HDPE:BL BLUE2002) 0) 91539 ROLLER SLIDE (3' DECK HT) (ACCENT:BH BG290) (BASIC:SB 1.00 0.000 0.00 c4 SKY-BLUE) (DECK:PVC:GA RAIL_7012 GRAY) d 91551 Maracabasas Panel (Below Deck) (2_COLOR 1.00 0.000 0.00 y _HDPE:BB BLU/BGE/BLU) (HDPE:BL BLUE2002) d 91555 6' RAMP ATTACHMENT (GUARDRAIL) (ACCENT:BH BG290) 1.00 0.000 0.00 (BASIC:SB SKY-BLUE) (DECK:PVC:GA RAIL _7012 GRAY) 91592 Rung Kickplate 4'-0" Rise (ACCENT:BH BG290) 1.00 0.000 0.00 N 91664 Umbra Hex Roof (ROOF:PE PERIWINKLE) 1.00 0.000 0.00 C G90262 4'UPRIG HT ASSY(GALV) (BASIC:SB SKY-BLUE) 4.00 0.000 0.00 0 G90265 7' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE) 1.00 0.000 0.00 -00 G90266 8' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE) 1.00 0.000 0.00 - G90269 11' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE) 2.00 0.000 0.00 r G90271 13' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE) 4.00 0.000 0.00 U 14928 NDS INCLUSIVE PLAY SIGN PKG 1.00 0.000 0.00 0 5179 WELCOME SIGN 5-12 YEAR OLD (BASIC:SB SKY-BLUE) 1.00 561.000 561.00 5056 ARCH SWING (BASIC:BL BLUE2002) 1.00 7,296.000 7,296.00 M NC 5151 PRIMETIME SOLO SWING (BASIC:BL BLUE2002) 1.00 1,365.000 1,365.00 N 8537 3 1/2"ADAPTIVE SEAT-GALV (ROTOPLASTIOPE PERIWINKLE) 1.00 419.000 419.00 8696 3 112" ENCLOSED TOT-GALV 1.00 359.000 359.00 d t 8910 3 112" BELT SEAT-GALV 2.00 288.000 576.00 5158 EXPRESSION SWING 3.5" 8'H (BASIC:SB SKY-BLUE) 1.00 1,783.000 1,783.00 0 (ROTOPLASTIC:PE PERIWINKLE) w Q 17247 ADAPTIVE SWING SAFETY BLT 1.00 155.000 155.00 18826 PRIMETIME ARCH SWING FS (BASIC:BL BLUE2002) 2.00 1,416.000 2,832.00 SURCHARGE SURCHARGE 1.00 19,833.600 19,833.60 Packet Pg. 180 7.7.d GOGame Remit to: Time Invoice PO Box 680121 Page 3 of 5 A PLAYcoRE Company Fort Payne, AL 35968 Invoice number PJI-0193933 Customer no 00043022 150 PlayCore Dr SE, Fort Payne, AL 35967 Invoice date 9/26/2022 Customer PO PO 20220408-00 www.gametime.com Payment terms Net 30 days Reference 2207020 (256) 845-5610 * (800) 633-2394 Date shipped 9/23/2022 Sold to: Ship to : City of Lynnwood City of Lynnwood 19100 44th Ave W Meadowdale Playfield Lynnwood, WA 98046 18900 44th Ave W Lynnwood, WA 98036 Original Order No: 2187318 Project Name Meadowdale Playfield Playground Option 3 Sales Group: Great Western Recreation Catalog No Description Qty Unit price Amount 91687 Umbra Roof Cap (ROOF_2:PE PERIWINKLE) 6.00 0.000 0.00 3 G90267 9' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 O 200829 HYBRID TOOL KIT PS + 4.00 0.000 0.00 to d LJNH4R 5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 LJNH4S 5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 0 O LJNH4T 5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 O C LJNH4U 5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 DJNH4V 5"AL PIP W/AL CAP 6' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 > DJNH4W 5"AL PIP W/AL CAP 7' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 J LJNH4X 5"GV PIP W/AL CAP 11' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 O LJNH4Y 5"GV PIP W/AL CAP 8'6" (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 U_BLUE) 0 LJNH50 5"GV PIP W/O CAP 13' (BASIC:SB SKY 1.00 0.000 0.00 LJNH51 5"GV PIP W/O CAP 13' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 O y DJNH52 5"AL PIP W/O CAP 13' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 LJNH53 5"GV PIP W/O CAP 13' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 2 DJNH54 5"AL PIP W/O CAP 13' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 = 3 LJNH55 5"GV PIP W/O CAP 13' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 O DJNH56 5"AL PIP W/AL CAP 6' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 a DJNH57 5"AL PIP W/AL CAP 7' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 DJNH58 5"AL PIP W/O CAP 7' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 y LJNH59 5"GV PIP W/AL CAP 7' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 d DJNHSA 5"AL PIP W/AL CAP 8' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 LJNHSB 5"GV PIP W/AL CAP 8' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 LJNHSC 5"GV PIP W/AL CAP 11' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 a DJNHSD 5"AL PIP W/AL CAP 11' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 C DJNHSE 5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 O E DJNHSF 5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 -0 DJNHSG 5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 - DJNHSH 5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 > 6262 INCLUSIVE WHIRL - BASIC 1.00 13,999.000 13,999.00 U 205282 TOOL KIT(TORX BIT)PS 2012 1.00 0.000 0.00 0 205283 HYBRID TOOL KIT PS 2012 1.00 0.000 0 0.00 M 200830 HYBRID TOOL KIT PT 1.00 0.000 0.00 c 139361 AEROSOL PAINT 4.5 OZ. (BASIC:BH BG290) 2.00 0.000 0.00 N 139361 AEROSOL PAINT 4.5 OZ. (BASIC:BL BLUE2002) 1.00 0.000 0.00 = 139361 AEROSOL PAINT 4.5 OZ. (BASIC:SB SKY_BLUE) 2.00 0.000 0.00 d t 168284 2-5 AGE APPROPRIATE 1.00 0.000 0.00 168285 5-12 AGE APPROPRIATE 4.00 0.000 0.00 M w 169163 2/5-5/12 AGE APPROPRIATE 4.00 0.000 0.00 Q 169164 ASTM WARNING LABEL 9.00 0.000 0.00 Sub total 158,940.60 Packet Pg. 181 7.7.d CGOmeTime� A PLAYCoRE-- company 150 PlayCore Dr SE, Fort Payne, AL 35967 www.gametime.com (256) 845-5610 * (800) 633-2394 Sold to: City of Lynnwood 19100 44th Ave W Lynnwood, WA 98046 Remit to: Game Time PO Box 680121 Fort Payne, AL 35968 Invoice date 9/26/2022 Payment terms Net 30 days Invoice Page 4 of 5 Invoice number PJI-0193933 Customer no 00043022 Customer PO PO 20220408-00 Reference 2207020 Date shipped 9/23/2022 Ship to : City of Lynnwood Meadowdale Playfield 18900 44th Ave W Lynnwood, WA 98036 Original Order No: 2187318 Project Name Meadowdale Playfield Playground Option 3 Sales Group: Great Western Recreation Catalog No Description Qty Unit price Amount Freight Freight 1.00 8,000.000 8,000.00 Sub total 8,000.00 Installation Installation Charges 1.00 72,892.500 72,892.50 Sub total 72,892.50 Discount Invoice Discount (1.00) 38,220.090 (38,220.09) Sub total (38,220.09) Total Sales subtotal amount 201,613.01 INVOICE TOTAL DUE 201,613.01 Sales tax 21,370.98 USD $222,983.99 C d E t v M w Q Packet Pg. 182 7.7.d CGameTime) A PLAYCORE Company 150 PlayCore Dr SE, Fort Payne, AL 35967 www.gametime.com (256) 845-5610 * (800) 633-2394 Sold to: City of Lynnwood 19100 44th Ave W Lynnwood, WA 98046 NOTICE OF CREDIT CARD PROCESSING FEE: Remit to: Invoice Game Time PO Box 680121 Page 5 of 5 Fort Payne, AL 35968 Invoice number PJI-0193933 Customer no 00043022 Invoice date 9/26/2022 Customer PO PO 20220408-00 Payment terms Net 30 days Reference 2207020 Date shipped 9/23/2022 Ship to : City of Lynnwood Meadowdale Playfield 18900 44th Ave W Lynnwood, WA 98036 EFFECTIVE APRIL 4, 2022, A PROCESSING FEE OF 2.50% OF THE PAYMENT AMOUNT WILL BE ASSESSED ON ALL CREDIT CARD TRANSACTIONS. YOU HAVE THE OPTION TO PAY BY CHECK, ACH OR WIRE WITHOUT ANY ADDITIONAL FEE. We now offer the option of emailing invoices! Please let us know if you would like to take advantage of this feature by emailing us at ar@gametime.com. Please include the email address you would like your invoices to go to and a contact name and number. CONCEALED SHORTAGES MUST BE REPORTED TO GAMETIME WITHIN 60 DAYS OF RECEIPT OF MERCHANDISE. CONDITIONS: TITLE TO THIS MERCHANDISE PASSES TO BUYER WHEN SELLER DELIVERS GOODS TO CARRIER Please note that GAMETIME is a material supplier only and therefore not subject to payment retainage. Shipment of goods which appear on this invoice constitutes completion of this contract by GAMETIME. Payment in full is required within the agreed terms stated on this invoice. Warranty claims and back charges may not be deducted from contract payments without prior approval of GAMETIME customer service personnel. Seller hereby certifies, to the best of its knowledge, information and belief, that its selling price does not exceed the maximum price permissible under any prevailing applicable law or regulation. Seller agrees to refund any amounts paid by Buyer which are subsequently determined to be in excess of such maximum price. We hereby certify that these goods were produced in compliance with all applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under Section 14 thereof. Tell me about your experience. Call me at 256-997-5308 or email at SpencerC@GameTime.com Spencer Cheak Group President a Packet Pg. 183 7.7.d CGOmeTime� A PLAYCoRE-_ company 150 PlayCore Dr SE, Fort Payne, AL 35967 www.gametime.com (256) 845-5610 * (800) 633-2394 Sold to: City of Lynnwood 19100 44th Ave W Lynnwood, WA 98046 Remit to: Invoice Game Time PO Box 680121 Page 1 of 5 Fort Payne, AL 35968 Invoice number PJI-0193933 Customer no 00043022 Invoice date 9/26/2022 Customer PO PO 20220408-00 Payment terms Net 30 days Reference 2207020 Date shipped 9/23/2022 Ship to : City of Lynnwood Meadowdale Playfield 18900 44th Ave W Lynnwood, WA 98036 Original Order No: 2187318 Project Name Meadowdale Playfield Playground Option 3 Sales Group: Great Western Recreation Catalog No Description RDU PLAYGROUND EQUIPMENT 26057 2 WAY X-POD STEP (BASIC:SB SKY-BLUE) (ROTOPLASTIC:PE PERIWINKLE) 6232 1'-0"POD (BASIC:SB SKY-BLUE) (ROTOPLASTIC:PE PERIWINKLE) 3903 12"HYPNETIC SPINNER 2SIDE 3960 MAZE SLIDER 4958 GIZMO ASSY (HYPNO WHEEL) 4962 Echo Chamber 26071 SYMMETRIC CLIMBING WALL (BASIC:SB SKY-BLUE) 26080 STRETCHED LOOP LADDER (ACCENT:BH BG290) 26094 TRIANGULAR SHROUD 26121 90 DEG 3-WAY X-POD STEP (BASIC:SB SKY-BLUE) (ROTOPLASTIC:PE PERIWINKLE) 26143 90 DEG 2-WAY X-POD STEP (BASIC:SB SKY-BLUE) (ROTOPLASTIC:PE PERIWINKLE) 26153 GRIP RAIL LINK (ACCENT:BH BG290) (BASIC:SB SKY-BLUE) 26162 CONNECTSCAPE CLIMBER 2'-6 (ACCENT:BH BG290) 26170 XCELERATOR (ACCENT:BH BG290) (BASIC:SB SKY-BLUE) 27074 60 DEG TRAPEZOID OVERHEAD (ACCENT:BH BG290) 39012 TOT'S LEAF (BASIC:SB SKY-BLUE) (ROTOPLASTIC:PE PERIWINKLE) 80000 49" SQ PUNCHED STEEL DECK (DECK:PVC:GA RAL_7012 GRAY) 80078 6"STEPPED PLATFORM (DECK:PVC:GA RAL_7012 GRAY) 80082 SLIDE TRANSFER (ACCENT:BH BG290) (BASIC:SB SKY-BLUE) (DECK:PVC:GA RAIL_7012 GRAY) 80686 HANDHOLD/KICKPLATE PKG (ACCENT:BH BG290) (ACCENT_2:BH BG290) 80687 HANDHOLD/KICK PLATE PKG (ACCENT:BH BG290) (ACCENT_2:13H BG290) 81669 HAND CYCLER (2_COLOR_HDPE:BB BLU/BGE/BLU) 81684 TELESCOPE (ACCENT_2:BH BG290) (BASIC:SB SKY-BLUE) 81699 BONGOS (ROTOPLASTIC:PE PERIWINKLE) 81766 LEAF STEP (ACCENT:BH BG290) (ROTOPLASTIC:PE PERIWINKLE) 90005 TWO PIECW HEX DECK-ADA (DECK:PVC:GA RAL_7012 GRAY) 90109 SCHOONER CLIMBER 7'-6"/8' (ACCENT:BH BG290) 90176 CROW'S NEST W/GIZMO-ADA (ACCENT:BH BG290) (DECK:PVC:GA RAL_7012 GRAY) (ROTOPLASTIOPE PERIWINKLE) 90189 GANZA (ACCENT:BH BG290) (ROTOPLASTIC:PE PERIWINKLE) 90197 NATURE PANEL (ROTOPLASTIC:PE PERIWINKLE) 90216 RUNG ENCLOSURE BARRIER (ACCENT:BH BG290) 90264 6' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY_BLUE) 90265 7' UPRIGHT ASSEMBLY(ALUM) (BASIC:SB SKY-BLUE) 90266 8' UPRIGHT ASSEMBLY(ALUM) (BASIC:SB SKY-BLUE) Qty Unit price Amount 1.00 109, 762.000 109,762.00 1.00 0.000 0.00 4.00 0.000 0.00 1.00 0.000 0.00 1.00 0.000 0.00 1.00 0.000 0.00 1.00 0.000 0.00 1.00 0.000 0.00 1.00 0.000 0.00 8.00 0.000 0.00 1.00 0.000 0.00 1.00 0.000 0.00 1.00 0.000 0.00 1.00 0.000 0.00 1.00 0.000 0.00 1.00 0.000 0.00 2.00 0.000 0.00 1.00 0.000 0.00 1.00 0.000 0.00 3.00 0.000 0.00 2.00 0.000 0.00 1.00 0.000 0.00 1.00 0.000 0.00 1.00 0.000 0.00 1.00 0.000 0.00 2.00 0.000 0.00 2.00 0.000 0.00 1.00 0.000 0.00 1.00 0.000 0.00 c m 1.00 0.000 0.00 t 1.00 0.000 0.00 w 2.00 0.000 0.00 Q ('�III�11[IIIII�11(III 3.00 0.000 0.00 1.00 0.000 0.00 Packet Pg. 184 7.7.d Remit to: GOGame Time Invoice PO Box 680121 Page 2 of 5 Fort Payne, AL 35968 A I=LAYcoRE Company Invoice number PJI-0193933 Customer no 00043022 j 150 PlayCore Dr SE, Fort Payne, AL 35967 Invoice date 9/26/2022 Customer PO PO 20220408-00 3 www.gametime.com Payment terms Net 30 days Reference 2207020 (256) 845-5610 * (800) 633-2394 Date shipped 9/23/2022 N L Sold to: Ship to City of Lynnwood City of Lynnwood 19100 44th Ave W Meadowdale Playfield Q Lynnwood, WA 98046 18900 44th Ave W W Lynnwood, WA 98036 N N O Original Order No: 2187318 N Project Name Meadowdale Playfield Playground Option 3 J Sales Group: Great Western Y Recreation L ca a Catalog No Description Qty Unit price Amount m 90269 11' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY-BLUE) 1.00 0.000 0.00 3 90271 13' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY-BLUE) 2.00 0.000 0.00 O 90272 14' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY-BLUE) 4.00 0.000 0.00 to d 90429 CROW'S NEST W/WHEEL-ADA (ACCENT:BH BG290) 1.00 0.000 0.00 (DECK:PVC:GA RAIL_7012 GRAY) O 90530 LITTLE FOOT SLIDE (ACCENT:BH BG290) (ROTOPLASTIOPE 1.00 0.000 0.00 0 PERIWINKLE) (TUBE:PE PERIWINKLE) _ 90534 RUNG KICKPLATE 3'-0" (ACCENT_2:13H BG290) 1.00 0.000 0.00 = 90545 WAVE CLIMBER (ROTOPLASTIC:PE PERIWINKLE) 1.00 0.000 0.00 J 90546 CLIMBER ARCHWAY W/D-RING (ARCH:BH BG290) 1.00 0.000 0.00 4- O 90575 SCRAMBLE UP 6'-6"/8'-0" (BASIC:SB SKY-BLUE) (HDPE:BL 1.00 0.000 0.00 r BLUE2002) U 90891 8 Ft Straight Slide (ROTOPLASTIC:PE PERIWINKLE) 1.00 0.000 0.00 O 91139 ENTRYWAY BARIER (ACCENT:BH BG290) 3.00 0.000 0.00 E 91209 CLIMBER ENTRYWAY BARRIER (ACCENT:BH BG290) 2.00 0.000 0.00 O 91334 CLIMBER OFFSET -BARRIER (ACCENT:BH BG290) 1.00 0.000 0.00 C 91475 SENSORY RAMP LINK 1'-6"/2 (ACCENT:BH BG290) (DECK:PVC:GA 1.00 0.000 0.00 O RAL_7012 GRAY) (HDPE:BL BLUE2002) 0) 91539 ROLLER SLIDE (3' DECK HT) (ACCENT:BH BG290) (BASIC:SB 1.00 0.000 0.00 c4 SKY-BLUE) (DECK:PVC:GA RAIL_7012 GRAY) d 91551 Maracabasas Panel (Below Deck) (2_COLOR 1.00 0.000 0.00 y _HDPE:BB BLU/BGE/BLU) (HDPE:BL BLUE2002) d 91555 6' RAMP ATTACHMENT (GUARDRAIL) (ACCENT:BH BG290) 1.00 0.000 0.00 (BASIC:SB SKY-BLUE) (DECK:PVC:GA RAIL _7012 GRAY) 91592 Rung Kickplate 4'-0" Rise (ACCENT:BH BG290) 1.00 0.000 0.00 N 91664 Umbra Hex Roof (ROOF:PE PERIWINKLE) 1.00 0.000 0.00 C G90262 4'UPRIG HT ASSY(GALV) (BASIC:SB SKY-BLUE) 4.00 0.000 0.00 0 G90265 7' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE) 1.00 0.000 0.00 -00 G90266 8' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE) 1.00 0.000 0.00 - G90269 11' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE) 2.00 0.000 0.00 r G90271 13' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE) 4.00 0.000 0.00 U 14928 NDS INCLUSIVE PLAY SIGN PKG 1.00 0.000 0.00 0 5179 WELCOME SIGN 5-12 YEAR OLD (BASIC:SB SKY-BLUE) 1.00 561.000 561.00 5056 ARCH SWING (BASIC:BL BLUE2002) 1.00 7,296.000 7,296.00 M NC 5151 PRIMETIME SOLO SWING (BASIC:BL BLUE2002) 1.00 1,365.000 1,365.00 N 8537 3 1/2"ADAPTIVE SEAT-GALV (ROTOPLASTIOPE PERIWINKLE) 1.00 419.000 419.00 8696 3 112" ENCLOSED TOT-GALV 1.00 359.000 359.00 d t 8910 3 112" BELT SEAT-GALV 2.00 288.000 576.00 5158 EXPRESSION SWING 3.5" 8'H (BASIC:SB SKY-BLUE) 1.00 1,783.000 1,783.00 0 (ROTOPLASTIC:PE PERIWINKLE) w Q 17247 ADAPTIVE SWING SAFETY BLT 1.00 155.000 155.00 18826 PRIMETIME ARCH SWING FS (BASIC:BL BLUE2002) 2.00 1,416.000 2,832.00 SURCHARGE SURCHARGE 1.00 19,833.600 19,833.60 Packet Pg. 185 7.7.d GOGame Remit to: Time Invoice PO Box 680121 Page 3 of 5 A PLAYcoRE Company Fort Payne, AL 35968 Invoice number PJI-0193933 Customer no 00043022 150 PlayCore Dr SE, Fort Payne, AL 35967 Invoice date 9/26/2022 Customer PO PO 20220408-00 www.gametime.com Payment terms Net 30 days Reference 2207020 (256) 845-5610 * (800) 633-2394 Date shipped 9/23/2022 Sold to: Ship to : City of Lynnwood City of Lynnwood 19100 44th Ave W Meadowdale Playfield Lynnwood, WA 98046 18900 44th Ave W Lynnwood, WA 98036 Original Order No: 2187318 Project Name Meadowdale Playfield Playground Option 3 Sales Group: Great Western Recreation Catalog No Description Qty Unit price Amount 91687 Umbra Roof Cap (ROOF_2:PE PERIWINKLE) 6.00 0.000 0.00 3 G90267 9' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 O 200829 HYBRID TOOL KIT PS + 4.00 0.000 0.00 to d LJNH4R 5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 LJNH4S 5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 0 O LJNH4T 5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 O C LJNH4U 5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 DJNH4V 5"AL PIP W/AL CAP 6' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 > DJNH4W 5"AL PIP W/AL CAP 7' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 J LJNH4X 5"GV PIP W/AL CAP 11' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 O LJNH4Y 5"GV PIP W/AL CAP 8'6" (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 U_BLUE) 0 LJNH50 5"GV PIP W/O CAP 13' (BASIC:SB SKY 1.00 0.000 0.00 LJNH51 5"GV PIP W/O CAP 13' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 O y DJNH52 5"AL PIP W/O CAP 13' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 LJNH53 5"GV PIP W/O CAP 13' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 2 DJNH54 5"AL PIP W/O CAP 13' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 = 3 LJNH55 5"GV PIP W/O CAP 13' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 O DJNH56 5"AL PIP W/AL CAP 6' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 a DJNH57 5"AL PIP W/AL CAP 7' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 DJNH58 5"AL PIP W/O CAP 7' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 y LJNH59 5"GV PIP W/AL CAP 7' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 d DJNHSA 5"AL PIP W/AL CAP 8' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 LJNHSB 5"GV PIP W/AL CAP 8' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 LJNHSC 5"GV PIP W/AL CAP 11' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 a DJNHSD 5"AL PIP W/AL CAP 11' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 C DJNHSE 5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 O E DJNHSF 5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 -0 DJNHSG 5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 - DJNHSH 5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE) 1.00 0.000 0.00 > 6262 INCLUSIVE WHIRL - BASIC 1.00 13,999.000 13,999.00 U 205282 TOOL KIT(TORX BIT)PS 2012 1.00 0.000 0.00 0 205283 HYBRID TOOL KIT PS 2012 1.00 0.000 0 0.00 M 200830 HYBRID TOOL KIT PT 1.00 0.000 0.00 c 139361 AEROSOL PAINT 4.5 OZ. (BASIC:BH BG290) 2.00 0.000 0.00 N 139361 AEROSOL PAINT 4.5 OZ. (BASIC:BL BLUE2002) 1.00 0.000 0.00 = 139361 AEROSOL PAINT 4.5 OZ. (BASIC:SB SKY_BLUE) 2.00 0.000 0.00 d t 168284 2-5 AGE APPROPRIATE 1.00 0.000 0.00 168285 5-12 AGE APPROPRIATE 4.00 0.000 0.00 M w 169163 2/5-5/12 AGE APPROPRIATE 4.00 0.000 0.00 Q 169164 ASTM WARNING LABEL 9.00 0.000 0.00 Sub total 158,940.60 Packet Pg. 186 7.7.d CGOmeTime� A PLAYCoRE-- company 150 PlayCore Dr SE, Fort Payne, AL 35967 www.gametime.com (256) 845-5610 * (800) 633-2394 Sold to: City of Lynnwood 19100 44th Ave W Lynnwood, WA 98046 Remit to: Game Time PO Box 680121 Fort Payne, AL 35968 Invoice date 9/26/2022 Payment terms Net 30 days Invoice Page 4 of 5 Invoice number PJI-0193933 Customer no 00043022 Customer PO PO 20220408-00 Reference 2207020 Date shipped 9/23/2022 Ship to : City of Lynnwood Meadowdale Playfield 18900 44th Ave W Lynnwood, WA 98036 Original Order No: 2187318 Project Name Meadowdale Playfield Playground Option 3 Sales Group: Great Western Recreation Catalog No Description Qty Unit price Amount PP1000 Poured in Place 1.00 183,972.800 183,972.80 Sub total 183,972.80 Freight Freight 1.00 8,000.000 8,000.00 Sub total 8,000.00 Installation INSTALLATION Installation Charges 1.00 145,785.000 145,785.00 Sub total 145,785.00 Discount Invoice Discount (1.00) 38,220.090 (38,220.09) Sub total (38,220.09) Total Sales subtotal amount 458,478.31 INVOICE TOTAL DUE PAYMENT RECEIVED BALANCE DUE 458,478.31 Sales tax 48,598.70 USD $507,077.01 -222,983.99 $284,093.02 C d E t v M w Q Packet Pg. 187 7.7.d CGameTime) A PLAYCORE Company 150 PlayCore Dr SE, Fort Payne, AL 35967 www.gametime.com (256) 845-5610 * (800) 633-2394 Sold to: City of Lynnwood 19100 44th Ave W Lynnwood, WA 98046 NOTICE OF CREDIT CARD PROCESSING FEE: Remit to: Invoice Game Time PO Box 680121 Page 5 of 5 Fort Payne, AL 35968 Invoice number PJI-0193933 Customer no 00043022 Invoice date 9/26/2022 Customer PO PO 20220408-00 Payment terms Net 30 days Reference 2207020 Date shipped 9/23/2022 Ship to : City of Lynnwood Meadowdale Playfield 18900 44th Ave W Lynnwood, WA 98036 EFFECTIVE APRIL 4, 2022, A PROCESSING FEE OF 2.50% OF THE PAYMENT AMOUNT WILL BE ASSESSED ON ALL CREDIT CARD TRANSACTIONS. YOU HAVE THE OPTION TO PAY BY CHECK, ACH OR WIRE WITHOUT ANY ADDITIONAL FEE. We now offer the option of emailing invoices! Please let us know if you would like to take advantage of this feature by emailing us at ar@gametime.com. Please include the email address you would like your invoices to go to and a contact name and number. CONCEALED SHORTAGES MUST BE REPORTED TO GAMETIME WITHIN 60 DAYS OF RECEIPT OF MERCHANDISE. CONDITIONS: TITLE TO THIS MERCHANDISE PASSES TO BUYER WHEN SELLER DELIVERS GOODS TO CARRIER Please note that GAMETIME is a material supplier only and therefore not subject to payment retainage. Shipment of goods which appear on this invoice constitutes completion of this contract by GAMETIME. Payment in full is required within the agreed terms stated on this invoice. Warranty claims and back charges may not be deducted from contract payments without prior approval of GAMETIME customer service personnel. Seller hereby certifies, to the best of its knowledge, information and belief, that its selling price does not exceed the maximum price permissible under any prevailing applicable law or regulation. Seller agrees to refund any amounts paid by Buyer which are subsequently determined to be in excess of such maximum price. We hereby certify that these goods were produced in compliance with all applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under Section 14 thereof. Tell me about your experience. Call me at 256-997-5308 or email at SpencerC@GameTime.com Spencer Cheak Group President a Packet Pg. 188 7.7.d GREAT WESTERN R E C R E A T 1 O N From: Great Western Recreation 975 S Hwy 89 Logan, UT 84321 435-245-5055 Change Order Date: 12/21/2022 Project: Meadowdale Playfield Playground To: City of Lynnwood 20522 60th Ave W Lynnwood, WA 98036 The Original Agreement is hereby modified and amended by the following deviations from the original plans and specifications: Original Quote Amount: $ 507,077.01 Quote #105669-01-03 Change Order # 1 $ 2,267.30 Concrete pad Revised Amount: $ 509,344.31 Change Order Requests It is mutually agreed that for such change the contract price is increased by two thousand, two hundred sixty-seven dollars and thirty cents ($2,267.30), payable with the payments due under the original agreement. It is mutually agreed that for such change (35 days) be added to the completion time schedule. All other provisions of the original quote and agreement shall remain in full force and effect without change because of the above deviations. Except as amended herein, all terms, covenants, and conditions of the Original Agreement shall remain in full force and effect. Great Western Recreation Printed Name: Sarauna Openshaw Title: Manager of Sales Operations Signature: AX111.1 "_0_ Date: 12/21/2022 City of Lynnwood Printed Name: Title: Signature: Date: Packet Pg. 189 =—T---- + A", s �i r � N' C O W 0 U 0 0 r N O N 7.7.e PARKS & PUBLIC WORKS COMMITTEE MEETING June 14, 2022 Elected Officials Participating Virtually Councilmember Neil Tibbott (Chair) Councilmember Kristiana Johnson Council President Vivian Olson (ex-officio) Other Councilmembers Present Councilmember Diane Buckshnis CALL TO ORDER Staff Participating Virtually Rob English, Acting Public Works Director Angie Feser, Parks, Rec. & Cultural Arts & Human Serv. Dir. Bertrand Hauss, Transportation Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk The Edmonds City Council virtual online PPW Committee meeting was called to order at 7:32 p.m. by Councilmember Tibbott. 2. COMMITTEE BUSINESS 1. City of Lynnwood/Meadowdale Park ILA 2022 Expenditure Request Ms. Feser explained the cities of Lynnwood and Edmonds have an ILA for Meadowdale Park. In January Lynnwood was planning a simple renovation to the existing playground with a total project of $200,000 (Edmonds' portion of the cost was $100,000). In April Lynnwood notified her the renovations were upgraded to a fully inclusive playground and the cost of the project was closer to $500,000 (Edmonds' portion of the cost was $248,538. She described potential funding sources for Edmond's portion of the project: Yost Pool replaster project savings $94,500 Greenhouse replacement relocation committed donation to cover this expenditure $50,000 Civic Park Stormwater Mitigation Project If ARPA funding is allocated to cover this expenditure $104,038 Total $248,538 Ms. Feser said another option is to provide $100,000, half the amount the City was originally quoted. The committee may want to staff to discuss the ILA with the full council in view of anticipated requests in future years including a sizeable contribution from Edmonds in 2025 of nearly $1 million. Questions and discussion followed regarding support to bring this to full council, learning from past ILAs as the City enters into ILAs with other cities, preference to have this expenditure in the CIP, projects Lynnwood delayed due to COVID, whether Edmonds School District will contribute to the playground, grant from Snohomish County, whether the inclusive playground should be located at the elementary school across the street, upgrades made to the baseball fields in 2017, Edmonds' responsibility for maintenance under the ILA, concern this was not a good investment for Edmonds at this time, and arbitration process between parties. Action: Full council 2. Presentation of Supplemental Agreement with KPG Psomas Related to Design Services for Citvwide Pedestrian Crossina Enhancements Proiect Packet Pg. 191 7.7.e 06/14/22 PPW Committee Minutes, Page 2 Mr. English explained this is a supplemental agreement to an existing contract. The supplement recognizes the change of the consultant's name as well as extends the completion date from June 30, 2022 to December 31, 2022 to complete all federal documentation and preform the record as-builts. Action: Consent Agenda 3. Presentation of Supplemental Agreement with KPG Psomas Related to Construction Management Services for Citywide Pedestrian Crossing Enhancements Protect Mr. English advised the supplement recognizes change of the consultant's name as well as extends the completion date from June 30, 2022 to December 31, 2022. Action: Consent Agenda 4. Presentation of Supplemental Agreement with KPG Psomas for 76th Ave and 220th Ave Intersection Improvements Protect Mr. English advised the supplement recognizes the change of the consultant's name. Action: Consent Agenda 5. Presentation of Right of Entry and Maintenance Agreement between City of Edmonds and Property Owner at 21000 Highway 99 Mr. English explained right of entry and maintenance agreement with the property owner would allow the City to enter the property on the west side of Highway 99 adjacent to the north gateway sign in the center median to plant it; the contract includes a one-year plant establishment period. At the end of the one-year period, the landscaping will be maintained by the property owner. This differs from the original proposal made at the end of last year that included purchasing the right-of-way where the landscaping would be planted. The City did not purchase the property, but is proposing an agreement with the property owner for landscaping and maintenance for one year. Questions and discussion followed regarding preparation of the agreement by the city attorney's office and the location of the landscaping covered by the agreement. Action: Consent Agenda. 6. Protect Update for the 76th Ave. W (a)- 220th St. SW Intersection Improvements Project Mr. Hauss provided an introduction: • Federal grants secured o Design $702,000 ($232,000 local match) o Right of Way $387,500 ($387,500 local match) • Project description o Add dedicated eastbound and westbound left turn lanes so turning movements are concurrent, install new traffic signal system, widen sidewalk with planter strips at select locations, add ADA compliant pedestrian curb ramps, up -grade City utilities, add street lighting and extend bike lanes thru intersection for south bound/eastbound movements. • Preliminary Design tasks completed so far o Survey, Determination of environmental documentation, Lighting Analysis, Stormwater Requirements, and Underground Utility Conversion Requirements Packet Pg. 192 7.7.e 06/14/22 PPW Committee Minutes, Page 3 Discussion items o Intersection configuration: 2 options (as identified in grant / reduced footprint) o Conversion of overhead utilities to underground Photographs of lane configuration and signals for westbound, eastbound, southbound and northbound movements • Option 1 (identified in grant application) o Option Elements ■ Added southbound RT turn lane ■ Added eastbound dedicated thru lane • Added westbound LT turn lane • 4 ft planters and 7 ft on north, south and east legs ■ 7 ft sidewalks w/trees in grates on west leg • Extend dedicated bike lanes on north and west legs to intersection • Longer pedestrian crossings ■ Most impact to adjacent property owners ■ Biggest ROW acquisition need ■ Longest construction timeline Option 2 (modified from grant application/reduce footprint) o Option Elements ■ Added westbound LT turn lane • Removed 2nd eastbound lane on east leg for approx.. 400 ft ■ 4 ft planters and 7 ft sidewalks on north, south and east legs ■ 7 ft planters with trees in grates on west leg • Extended dedicated north and west leg, bike lanes to intersection ■ Added dedicated bike lanes on south leg ■ Requires bus stop relocation on east leg ■ Shorter pedestrian crossings — north, west and east legs ■ Lower impact to adjacent property owners — significantly reduces impacts to SW, NW and NE corners, slightly higher impact to SE corner ■ Lower ROW acquisition needs ■ Shorter construction timeline Packet Pg. 193 7.7.e 06/14/22 PPW Committee Minutes, Page 4 Conversion of overhead utilities to underground (possible improvements in grant application) o Removal of 8 utility poles (excluding poles holding high tension lines along 220th St. SW that will remain) ■ 1 on west leg ■ 1 pole on SE and SW corners ■ 4 poles on north leg ■ 2 poles on east leg o Total cost of this addition: $1.8 Million (same cost for both options) Conclusion o Staff recommends Option 2 over Option 1: ■ Total project cost is less ($1.9M less) ■ Similar improvement to level of service ■ Pedestrian crosswalk distance is less ■ Right of way acquisition cost and property impacts are less ■ Reduced area for new impervious surfaces Questions and discussion followed regarding the grant for design and ROW, undergrounding utilities, source of matching funds, capacity added in option 2, preference for option 2, next steps with the grant to change grant from option 1 to option 2, including utility undergrounding as an option with the goal of securing additional grant funding, high tension lines that will remain, describing to full council the efficiencies discovered in the analysis that changed the recommendation from option 1 to option 2, and a supplement to the design contract that will be required for option 2. Mr. English described the process for changing the grant from option 1 to option 2. The PSPP committee expressed support for staff's recommendation. Action: Presentation to full council June 21 7. Presentation of Local Agency Consultant Agreement with Transpo for the SR-104 Adaptive System from 236th St SW to 226th St SW Mr. English relayed Mr. Hauss secured a federal grant for design of an adaptive signal control system for 5 traffic signals on SR-104 from 236th to 2261h. An adaptive system allows for coordination between the five signals to improve traffic flow which reduces vehicle emissions. The timing of signals will adjust based on real time data collectors that count vehicles and provide more green time to movements with higher volume such during traffic from ferry unloading. An RFQ was issued, three firms responded, and the selection committee chose Transpo. The preliminary scope of work covers eight task items related to design plans to implement the system. The goal is to get the design far enough to apply for a grant for construction. He was confident this project would receive grant funding as signal improvements Packet Pg. 194 7.7.e 06/14/22 PPW Committee Minutes, Page 5 projects that improve coordination and signal timing score well. A brief discussion followed regarding the local match. Action: Consent Agenda 8. Presentation of Construction Contract for the Seaview Park Infiltration Facility Phase 2 Project Mr. English explained Seaview phase 2 is part of improvements to the upper portion of Perrinville Creek basin to address stormwater flows. The project was advertised June 8th and bids are due June 28th. If bids are opened June 28th and there is not a large budget impact, the bid award could be on the July 5th or 19th council agenda. This is on the agenda tonight as there is no public works staff available for the July 12th PPW committee meeting. Questions and discussion followed regarding whether to put the bid award on the Consent Agenda, no impact to Seaview park, and this project assisting with reducing peak runoff to Perrinville Creek. Action: Full council 9. Presentation of Professional Service Agreement for Design Services for the Yost and Seaview Reservoir Repairs and Upgrades Mr. English explained the Yost reservoir was built in 1973 and the Seaview reservoir in 1976; both are 1.5 million gallons and improvements and/or maintenance are needed on both. An assessment of the Yost reservoir found significant issues with leakage and structural issues with the roof and walls. An assessment of Seaview found minimal leakage; the structural assessment is ongoing. This agreement will take the design to 30% for both structures; staff will return with a supplement agreement for final design for both. The contract in the packet is $253,941 which includes a $30,000 management reserve. All project costs will be funded by the 421 Water Utility Fund. Questions and discussion followed regarding use of reservoirs to store water, impacts to the sport court on top of Yost reservoir, and how the Yost tank is accessed. Action: Consent Agenda 10. Select Homes 7918 203rd St SW 10-foot Right -of -Way Dedication Mr. English explained this is a right of way dedication for a 2-lot subdivision on 203rd street. The 2-lot subdivision is currently under review and in accordance with the development code, the official street map requires a 10-foot street dedication. Discussion followed regarding a street map amendment to the west where right-of-way was vacated, other parcels on 203rd that have had a 10-foot street dedication, and whether more trees could be saved if more flexibility was provided on house location. Action: Consent Agenda 11. Presentation to Update Edmonds City Code Chapter 3.36 to Include Impact Fee Waivers for Early Learning Facilities Mr. English explained RCW 82.02.060 was amended last July to allow impact fee exemptions for early learning facilities (facilities providing regularly scheduled care for a group of children 1 month through 12 years of age for periods of less than 24 hours). The RCW provides several options; staff is proposing Packet Pg. 195 7.7.e 06/14/22 PPW Committee Minutes, Page 6 a 80% exemption for early learning facilities. The exemption would be conditioned on at least 25% of the children using the facility quality for state subsidized child care, and if the property were converted to a use other than an early learning facility, impact fees would be required to be paid. If the early learning facility did not meet the 25% requirement at any time, the full impact fee would be required. A covenant would be recorded documenting those requirements. A search of the past five years found two early learning facilities paid transportation impact fees, one paid $4,000 and the other paid $96,000. This option aligns with the City's existing 80% exemption for low income housing. Mr. Taraday added the RCW provides several options to make it easier to establish new early learning facility. The covenant tool allows recording a covenant to exempt up to all the impact fee, the no covenant model which would allow exempting up to 80%, and the replacement funds model (not supported by the engineering department) which replaces the impact fee with payment from the general fund to make up lost impact fee dollars. Questions and discussion followed regarding other cities with the same exemption for early learning facilities, how the 25% threshold is monitored/audited, providing incentive for early learning facilities providing state subsidized child care, applicability of impact fees on change of use of existing building, limited effect on impact fees collection, whether a public hearing is required, and priority of this item. Action: Full council 12. Public Works CIP-CFP Review Councilmember Tibbott advised he and Councilmember K. Johnson will meet to discuss the information provided and schedule further committee review. Councilmember Buckshnis offered to participate. Committee members expressed their appreciation for the spreadsheet and photographs. Action: Schedule future review For Council President Olson, Mr. English advised the overlay project on 76th is from 196th to Olympic View Drive. Council President Olson asked about traffic calming due to speeding on 76th north of OVD. Mr. English advised he forwarded an email from Council President Olson regarding this issue to Mr. Hauss and traffic counts are being conducted. He will follow-up with him tomorrow. Discussion followed regarding the possibility that it is the neighbors who are speeding and whether a radar feedback sign would slow traffic. 3. ADJOURN The meeting was adjourned at 9:13 p.m. Packet Pg. 196 7.7.f EDMONDS CITY COUNCIL MEETING APPROVED MINUTES July 5, 2022 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Vivian Olson, Council President Kristiana Johnson, Councilmember Will Chen, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Laura Johnson, Councilmember ELECTED OFFICIALS ABSENT Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Whitney Rivera, Municipal Court Judge Uneek Maylor, Court Administrator Angie Feser, Parks, Rec., Cultural Arts & Human Services Director Rob English, Acting Public Works Director Jeanie McConnell, Eng. Program Manager Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 7:01 p.m. by Mayor Nelson in the Council Chambers, 250 5t' 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 Councilmember Tibbott. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO EXCUSE COUNCILMEMBER TIBBOTT. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS 1. MUNICIPAL COURT ANNUAL REPORT Municipal Court Judge Whitney Rivera reviewed: • Court Operations Update o Restarted Community Court in January 2022 ■ Many thanks to our temporary home at Community Health Center Edmonds City Council Approved Minutes July 5, 2022 Page 1 Packet Pg. 197 7.7.f ■ Moved to our new Community Court Space on Highway 99 o Began processing passports in November 2021 o Completed multiple jury trials safely o Processing infractions for individuals who did not respond during COVID o Legal financial obligation relief and Unified Payment (UP) Program o Fully operational in hybrid model Photos of Edmonds Municipal Court Team and of the community court Lookin at the numbers Traffic Non- DUI/Physical Other Criminal Total Year Infractions Traffic Control Criminal Non- Total Criminals Infractions Traffic traffic Filings 2017 3,825 53 90 331 502 4,801 923 2018 4,547 29 144 328 466 5,514 938 2019 2,804 38 135 343 507 3,827 985 2020 1,819 32 105 183 512 2,651 800 2021 1 2,212 20 65 72 318 2,687 455 • Life Cycle: Criminal Case Filing l Resuming Jury Trials o Resumed in April 2021 0 171 cases set for trial o Since resuming, completed 5 jury trials and 1 bench trial o Charges included ■ Reckless driving ■ DWLS 3 + Reckless Driving ■ Two counts of stalking ■ Driving Under the Influence ■ Assault 4 (non -DV) ■ Violation of No Contact Order (DV) Community Court Update o Received a grant from the Administrative Office of the Courts (AOC) as part of SB 5476 o Grant goes towards enhancing and improving therapeutic programs in courts of limited jurisdiction o Vendors present during Community Court hearing dates o Connecting individuals with services to address underlying issues Statewide Leadership o DMCJA — District & Municipal Court Judges' Association o DMCMA — District and Municipal Court Management Association o MPA — Misdemeanant Probation Association Edmonds City Council Approved Minutes July 5, 2022 Page 2 Packet Pg. 198 7.7.f o Washington State Criminal Justice Training Commission o Washington State Minority and Justice Commission (working to identify and to eradicate the effects of racial, ethnic, and cultural bias in our state court system) Court Administration o Uneek Maylor, Court Administrator ■ District & Municipal Court Management Association (DMCMA) — Executive Board Member, Technology Chair, Education Committee Member, Long Range Planning Committee Member ■ Minority & Justice Commission Jury Demographics Study Work Group ■ Member of work group for new case management system through Administrative Office of the Courts (AOC) ■ Career & technical education advisor for Edmonds School District Probation o Omar Gamez, Probation Officer ■ Training & Education Co -Chair for the Misdemeanant Probation Association ■ Committee member on Deferred Prosecution Revision workgroup ■ Misdemeanant Probation Academy Instructor at the Criminal Justice Training Center ■ DV and DV-MRT Facilitator ■ Volunteer at Saint Vincent de Paul • Judicial o District & Municipal Court Judges' Association (DMCJA) ■ Co -Chair of Legislative Committee ■ Member of the Public Outreach Committee ■ Member of Council on Independent Courts o Presenter at the Spring DMCJA Judicial Conference on racial disparities in imposition of legal financial obligations based on 2021 task for report on race in the criminal legal system • Looking Forward o Sections of SB 5476 that makes possession of a controlled substance a misdemeanor sunsets July 1, 2023 o Updating jury summons processing o Continuing to develop Language Access Plan and interpreter services o Change in law to provide for ability to pay hearings for infractions goes into effect in 2023 o Potential for state funding for pretrial services that impact public safety (SCRAM, EHM, GPS) o Transition to new case management system in 2023 o Expanding pretrial services, including text and email reminders for court dates Councilmember Buckshnis observed the number of infractions and DUIs have gone down and asked if that correlated with staffing issues in the police department. Judge Rivera assumed that was part of it as well as COVID. Ms. Maylor assumed it was related to staffing. Councilmember Buckshnis commented these issues do not miraculously go away. Judge Rivera said she did not presume that people were speeding less or driving less after consuming alcohol; there was likely a correlation with staffing. Councilmember Buckshnis thanked Judge Rivera for answering her email and for including numbers in the presentation. Councilmember Paine commented it was great to hear the court was working on pretrial issues and helping to keep people out of jail as much as possible while still keeping community safety in mind. She asked about challenges associated with transitioning to the new case management system. Ms. Maylor answered courts have used the same case management system since 1983 which means the printer is as large as her first car and the system is a black screen with dots. It will be a huge change in how the judge looks at files and how papers are processed internally and there will be mechanisms for people to respond Edmonds City Council Approved Minutes July 5, 2022 Page 3 Packet Pg. 199 7.7.f via the web, which is not available currently, recordings will be added to the website immediately, and people will be able to access documents faster. Some of the problems are due to the court still having paper files prior to going electronic during COVID and those need to be processed into the system before the system launches as well as getting everybody in the state trained. It will be exciting to have the ability for the public to access their documents and respond which hopefully will improve access to justice. Judge Rivera commented it will give judges better information by allowing access to documentation in other counties as well as allow the public to see the documentation at same time. It will help with transparency and uniformity across the courts to ensure they are all seeing the same thing. Councilmember Paine asked where backup drives are stored, assuming it was offsite. Ms. Maylor answered the Judicial Information System (JIS) is stored through the Administrative Office of the Courts (AOC). Physical files on Laserfiche are stored through the City's IT department and she was unsure if there was a backup generator but assumed a governmental agency would have a secondary backup for electronic files. The data regarding criminal histories or DOL is backed up through Olympia and has multiple backups. Councilmember Paine recalled she was involved with the court at the time of the Cascadia earthquake and the court was able to access files as they were stored in Grant county. Councilmember L. Johnson referred to changes that occurred due to COVID and going virtual and asked what would continue in the interim or become permanent. Judge Rivera answered hybrid appearances will continue. Certain statutes require people to appear in person such as an arraignment for a domestic violence offense or a DUI for example. The Supreme Court has modified some court rules to allow people to appear via Zoom. For example, she has had people appear while on their job at a construction site. Pre- COVID, people spent a lot of time finding childcare, taking time off work or finding transportation to appear at a 30-second court hearing because their attorney was asking for a continuance. When there is a something substantive that needs to be addressed in court, court rules give her the authority to set a hearing over and require someone appear in person. The rules evolved very quickly, partially due to the Supreme Court's response to the pandemic; they can pass rules and emergency orders, some of which are still in place and she anticipated would remain. It was a nice confluence that former Judge Coburn had converted to a paperless system when the pandemic happened. During COVID, a lot was learned about the obligations put on people who are already struggling to come to court and she doubted few courts would return to the old ways of doing things. Councilmember L. Johnson commented for a lot of businesses, courts, city council, etc., there has been a silver lining due to things learned from COVID and she was glad the court had the ability to keep some of those in place. She remembered attending a kudos presentation by Probation Officer Omar Gamez and asked if that would be done again. She found that very thought provoking and educational, to hear from people who were struggling, went through court system, where they were today and how proud they were of the work they had done. Judge Rivera answered there is not a kudos scheduled, it fell by the wayside during COVID. The court sees that regularly, people who come to court and want to share their accomplishments. She agreed a mechanism should be developed to share that with members of the community. It gives people faith in the reliance of human beings to see how well people are doing. She offered to add that to the list of things to follow up on. Councilmember L. Johnson commented it puts a human face to it when people usually only hear about the worst. Council President Olson expressed appreciation for Judge Rivera and Ms. Maylor's flexibility when the court's presentation had to be rescheduled. She also appreciated their responsiveness to council questions. She referred to the numbers, commenting the community is looking for more feedback between the court, police and staff. She was thrilled the court is working directly with human services, remarking on the principle of public safety being everyone's issue and working on it together as a community. Judge Rivera said the court is happy to provide information. She agreed with the overlapping circles. Edmonds City Council Approved Minutes July 5, 2022 Page 4 Packet Pg. 200 7.7.f Councilmember Chen commented the City often receives complaints from the community about speeding, but the number of cases is very low. He referred to Ordinance 4261 which took effect on June 19', and asked if any cases had come to the court as a result. Judge Rivera answered they have not seen any yet. 5. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO MOVE UP DISCUSSION OF COUNCIL RESPONSE TO SUPREME COURT DECISION TO OVERTURN ROE V. WADE TO COUNCIL BUSINESS ITEM 9.2. Councilmember L. Johnson pointed out there were many people in the audience to hear that item who did not need to sit through the OPMA training on the agenda. Moving the item up would be most respectful of the people who are present today. Councilmember Paine said she would support the amendment for the reasons stated. Although she enjoys OPMA training, she recognized there were people present specifically to listen and/or speak regarding the resolution before council so out of respect for the community, she supported moving that item to 9.2. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson described the procedures for in -person audience comments. Jay Grant, Port of Edmonds Commissioner, liaison to Edmonds and Woodway, provided an update regarding the Port. He explained the Port is a separate government under Washington State law that works to bring economic value to the community. The businesses in the Port do not pay property tax because it is government land, instead the state charges a leasehold tax of approximately 13% of which Edmonds receives approximately 30%. A portion of the sales tax generated by the Port goes to the City. For example, when Jacobsen sells a $300,000 boat, about 4% or $12,000 goes to the City. The Port plans to formally announce next week plans to build a new Port headquarters at a cost of approximately $8 million. The taxes and fees the Port will pay the City total approximately $400,000. Once the new headquarters are built, the old building will be demolished and about 900 feet of the north side of the Port walk reconstructed (from the Port building to the fishing pier) and the former building location will be a park. Joan Longstaff, Edmonds, thanked the city council for making an Edmonds kind of day with the 4t' of July parade that honored the police, fire, and service organizations. The Pledge of Alliance includes the words, one nation under God with liberty and justice for all, but the United States is nearly in a civil war again and very divided. There are many important issues including the shooting in the Chicago parade. She found it very inappropriate for the council to be addressing women's rights and abortion. Fortunately, Washington is very pro women's rights and voices are being heard. Speaking for those who are pro -life, they are the council's constituents; the population of Edmonds is 43,580 and the council represents thousands of pro -life people. There are many big issues the council needs to work on. Edmonds City Council Approved Minutes July 5, 2022 Page 5 Packet Pg. 201 7.7.f Rebecca Anderson, Edmonds, said she spent the last several days with a heavy heart reflecting on the reproductive freedom resolution before council tonight, questioning whether taxpayer time and resources should be spent discussing a resolution that would endorse abortion so that Edmonds can claim to be an abortion sanctuary. She questioned whether Edmonds needed to be an abortion sanctuary. Washington State has very liberal abortion laws, in fact abortion was legal in Washington years before the Roe decision in 1973. During the state's last legislative session, a law was passed that no longer requires only doctors perform abortions and replaces "woman" with "person," so it is now legal in Washington for not just a woman but a person to get an abortion and it no longer has to be done by a doctor. People in the state have very few barriers to obtaining an abortion so why does Edmonds need to be an abortion sanctuary? She wondered whether anyone had stopped to think about those in the City who have been wounded physically, emotionally, mentally and spiritually by abortion. Almost a half century of abortion on demand in the United States has resulted in the death of 63.5 million children. Most people know at least one woman who has had an abortion, grandmothers, mothers, sisters, daughters, aunts, nieces and cousins in their families, and the loss they feel needs to be acknowledged and it would be callous to do otherwise as the City declares it a safe place that encourages women to have abortions. Ms. Anderson explained during an abortion, the life of a tiny human being ends. Not all women want to kill their unborn children, not all women who aborted their children are glad they did it, many women who have had abortions deal with regret and great loss. For those who have been directly or indirectly affected by abortion, she was sorry our culture failed them when they needed life affirming support and love for them and their unborn child. She consoled that they were not alone and prayed they had encountered the human mercy of God and if they had not, that they would and if they had started on that path, prayed they would continue. There are several beautiful ministries specifically for women who have experienced the hurt and sorrow of abortion including Project Rachel and it does not matter how long since a person's abortion. She quoted Mother Theresa when speaking at the 1982 Harvard commencement, "It is something unbelievable that today a mother herself murders her own child, afraid of having to feed one more child, afraid to educate one more child. A nation, people, family that allows that, that accepts that, they are the poorest of the poor." For the good of Edmonds, she urged the council to vote no on the resolution; the women of Edmonds deserve better. Denise Alvarado, Edmonds, said Edmonds is considering a very divisive resolution on a topic that has already been handled at the state and federal levels. A nonpartisan council should not make such a resolution; it is very inappropriate and does not reflect the views of many Edmonds citizens. Washington State has had abortion rights in place even prior to 1973. Certain councilmember are fear mongering with this resolution in what appears to be a kneejerk and incredibly partisan reaction. She did not want her taxes going to pay for any support for an already well -endowed Planned Parenthood. There is discussion about protection or an escort for people going into the Planned Parenthood on 196t1i, commenting she was not aware that there has even been a need for protection. There has recently been vandalism and threatening graffiti at the local pregnancy center that serves and supports women seeking help during and after pregnancy. Planned Parenthood is outside the city limits as is the pregnancy center, if protection is given to Planned Parenthood, she asked that it also be given to the pregnancy center. She gave birth to and cared for a 26'/2 week old baby, now a 26 year old, and knows what a pre -term infant looks like. Washington state currently allows abortion up to 24-28 weeks. About 97% of biologists recognize that life begins at conception; abortion is killing a genetically unique human being and 800,000 abortions happen per year in the United States. What the council is considering is very divisive and many do not support it. She wished the council would consider not approving the resolution. Janet Way, Shoreline, expressed her support for the proposed resolution because women's rights are human rights and reproductive rights are healthcare and women's healthcare needs to be supported. She appreciated the council's willingness to take up the resolution; it will benefit families, the economy and Edmonds City Council Approved Minutes July 5, 2022 Page 6 Packet Pg. 202 the human rights of women, children and men. She asked the council to vote yes to support access to reproductive choice, anticipating it mattered to the majority of voters. Maralyn Chase, Esperance, commended the council for bringing this important issue that threatens democracy to a public policy discussion. The U.S. Supreme Court recently overturned the constitutional rights of young women, the right to control one's own body, but that is only the beginning. The U.S. Supreme Court has seriously challenged the First Amendment mandating the separation of church and state. This country was established, the first in the world, without an official religious doctrine, total separation of church and state and that is being challenged. She referred to hospital mergers, commenting 49% of hospitals in Washington are owned and managed by the Catholic church according to the ethical and religious directives of the Catholic healthcare services of the U.S. Conference of Catholic Bishops. When someone goes to a Catholic hospital, they are treated as if they are a Catholic and can only receive medical care that adheres to the Catholic religious directives. The religious directives governing hospital policies in half of Washington hospitals prohibits a full range of reproductive health services even if the woman's life is in danger, including ectopic pregnancies. These hospital directives prohibit death with dignity, a direct challenge to the constitutional rights of old people and also prohibit contraception, invitro fertilization, the only way some families can build their families, and care for LGBTQ patients and more. This is a serious public policy issue that fundamentally threatens democracy. Tony Shapiro, Edmonds, hoped the primary and overriding objective of this and any city council would be to focus on the challenges and issues affecting efficient management of the city. Edmonds City Council recently exemplified this objective when it denied permission for camping on public property and he applauded the council for addressing that issue before it became an overwhelming eyesore that is difficult to stop once permitted on government property. Taking up issues outside the parameters of the council's responsibility is counterproductive to the efficient use of the council's time and detract from constructive efforts to move the City in a positive direction. Tonight's discussion focuses on issues outside the legal parameters this council has the authority to govern. Additionally, bringing this issue to the forefront effectively divides the citizenry in a manner that does no objective good for the overall wellbeing of the community and was very aptly expressed in an opinion letter to the council by Paster Barry this weekend. Morally, he is opposed to abortion and deeply believes that God does not look lightly or kindly on the taking of innocent human life. Anyone arguing that abortion is not the taking of life is not looking at the facts. The DNA of a fetus in a woman is not her DNA, the heartbeat within the woman is not her heartbeat; she is the caretaker of the baby being formed within her womb and it is that woman's and the subsequent mother's responsibility to care for and cherish that life. Abortion does neither of those things and degrades all individuals involved, bringing a stain on womanhood, society and the country. Colleen Tracy, Edmonds, expressed support for the strongest resolution possible to protect and keep abortion access safe, legal and available. She had concerns with access to other health resources such as birth control, family planning and general healthcare that could also go down with the ship. Access is imperative and vital. When she was out recently in support of pro -choice, a couple men shouted at her that it is still legal here, causing her to think, for how long? People who want women and other minorities to have fewer rights will never stop chipping away. She was saddened, sickened and felt very unsure for the country. She could not imagine the feelings of horror of the women in states with stone -age abortion laws now and in the near future. She requested the council protect women's rights and keep the City out of the stone -age with whatever is within their power. It is absolutely appropriate and important for the council to do this. Citizens cannot do this alone, they need allies near and far. It is not just a women's issue; young men will also pay for this lack of access. She has heard people in the room mention forced abortion, commenting no one is forcing anyone to have an abortion — get over it. The reality is some people need to have abortions; whatever the reason, it is their choice. Edmonds City Council Approved Minutes July 5, 2022 Page 7 Packet Pg. 203 7.7.f Carin Chase, Edmonds, expressed appreciation for the time the council would take to discuss the council's response to the Supreme Court's decision to overturn Roe v. Wade. Speaking as one of the majority of women in the country and community that support protections afforded by Roe v. Wade, she was terribly angry and disappointed that for the first time in history, young women now have fewer rights than their mothers. She was angry and disappointed at the leadership shown by the country's highest court. Seeing the resolution that Councilmembers L. Johnson and Paine brought forward gave her faith in her elected officials. She was pleased the resolution would be discussed tonight and that the council has an opportunity to show the leadership the community needs. The community needs to know its leaders have their back and that they recognize rights are under attack and she urged everyone to support the resolution. She read from the resolution, "therefore, be it resolved that the City Council of Edmonds Washington that: The Edmonds City Council adopts this resolution to express its official position in support of amendments to the Washington State and United States Constitution to codify an individual's right to comprehensive, safe and accessible reproductive health care including abortion, contraception, gender affirming healthcare and marriage equality and urge our federal and state legislators to act in support of said rights. The Edmonds City Council also directs copies of this resolution be sent to Governor Inslee and representatives as a means of showing support of a constitutional amendment guaranteeing full access to abortion care services and increasing oversight of hospital mergers that have often interfered with reproductive health care services for all people. Edmonds is a supportive community and welcome people from other states coming to the area for full support of legal and safe reproductive support services. We direct that this policy by the city council that the police department will not commit any of their police services to the pursuit of any investigations related to those people seeking or providing abortion care." Patty Whitmarsh, expressed her opposition to the resolution entitled reproductive freedom. The Supreme Court of the United States is the final arbitrator and law of the land of the constitution. They have corrected their error after nearly 50 years and the death of over 63 million unborn babies. Councilmembers swore an oath to uphold the constitution and if they do not, they are in violation. Nowhere in the constitution does it say abortion is a right. Using a councilmembers' position to further their opinion or ideological view to what the Supreme Court of the United States already determined is outside their jurisdiction does not represent herself nor many Edmonds citizens. No city council should ever deny an unborn baby its life or right to live. They can better serve the citizens of Edmonds by immediately dropping this resolution. The country has been in a state of great division and moral decline; pursuing this resolution regarding reproductive freedom will only further hostility and prevent the City from being a place of nonpartisan, wholesome and quality living. On July 1, 2022, she sent each councilmember an email stating her concerns. She thanked Council President Olson and Councilmembers Buckshnis and Tibbott for their prompt responses, noting she never heard from the other councilmembers. She requested each Edmonds councilmember search their hearts, stay within the parameters in which they vowed an oath and seek godly wisdom, discernment, prudence and righteousness as they strive for peace and unity in this great City. Mark Ibsen, Edmonds, registered his opposition to the resolution regarding abortion freedom. This is primarily a state issue and should not be taken on by a small city and there are other issues to be concerned with. The impact of the resolution will be very small and will be seen as purely partisan and will divide the City. Unborn citizens are the most vulnerable and need our voices too. To his detractors, he said respect for the rights of human life knows no specific gender. He respectfully requested the council vote no to this resolution. Ruth Johnson Pirie, Edmonds, thanked the council for the many ways they serve the community and thanked citizens for what they do to make Edmonds a beautiful place to be. She expressed her opposition to the resolution. She has heard there needs to be respect for women who have chosen abortion; she has many friends who have done so and she understood their reasons due to choices she has made herself but Edmonds City Council Approved Minutes July 5, 2022 Page 8 Packet Pg. 204 7.7.f looking back there is also a choice for life that women must consider, the life of a human placed in their womb. There is a reason a human being was placed in a woman's womb to nurture and protect, each of us was one of those. In 1974 when abortion was legalized in Sweden, her mother was told she should have an abortion for medical reasons and chose not to; 28 years later, her mom had a massive heart attack and went into cardiac arrest and that daughter, her sister Rebecca, revived her. She is a math and science teacher who advocates for the poor and needy, an immigrant who now lives in France and works with orphaned children. She urged the city council to put the resolution aside, to consider life and consider men who also have a stake in this issue. If a man is required to pay for a child after it is born, they also have a choice when the child is in the womb. Tiffany Mecca, Edmonds, spoke in support of the resolution in opposition to the Supreme Court decision that overturned Roe v. Wade. She supported the strongest version, Resolution #1. She grew up knowing she had this protection if she needed it which told that her life, her dreams, who she was, and whether she wanted to be a parent mattered and that her existence independent of whether she would be a mother or bear a child mattered. She had that right when she went to bed Thursday night a week ago, but it was gone when she woke up Friday morning. This right has been chipped away for years at the federal level and in other states. She was terrified and angry when she learned about the Supreme Court's decision and it felt like an emergency. As a person who can get pregnant but doesn't want to, and a person who has a lot of privilege in that decision, she has always had the ability to access birth control and healthcare and had parents who understand the implications of being pregnant when you're not ready, her mom was 19 and has had frank conversations with her. She has a caring partner and access to birth control and healthcare, but not everybody has that. It is important for the city council to support women's rights at a local level. This is similar to other medical decisions that people cannot force her to make such as give blood or donate a kidney, or wear a mask, yet women will be forced to bear a child. Cassie Friedle, Edmonds, wearing the wings and blood red color depicted in a Handmaid's Tale, quoted from the late and great Ruth Bader Ginsberg, "speak your mind even if your voice shakes." She recalled being 9 years old and in the 41 grade when she got her period; at 9 years old she was fertile and could have had a child, a fetus that could have killed her as she carried something she could not comprehend, carrying a death sentence. She questioned whether any councilmember would have stood by and watched a handful of cells rupture their daughter's uterus and watch her die. She envisioned they would instead do everything in their power to save that person. For those who think it's God plan and would have let her die, they are lying to themselves; no one should be forced to be an incubator because it's God will. Yet across the nation, women of all ages are being forced to carry a handful of cells that could kill them, carrying a stillborn or ectopic pregnancy that will cause sepsis or a ruptured fallopian tube that will surely kill them. In North Carolina last week, patients with lupus and rheumatoid arthritis were denied life- saving medication because they are of viable fertility age. Across the nation, doctors are being forced to break their sacred oath of doing no harm because of four men and one woman who swore to protect our constitution. For those who say it will never be outlawed in Washington and question why we are fighting, something shouldn't happen to ourselves or our loved ones for us to care. Elected representatives are elected to follow their constituents' will; Edmonds demands protection of its daughters and securing reproductive rights. Shame on those who let their personal views or grudges overrule their duty as elected representatives. Councilmembers may not see the repercussions of their actions now or in five years, but she and other constituents will do everything in their power to unseat them and someday soon they were realize they were a coward but it will be too late. Megan Wolfe, Edmonds, expressed her gratitude to Councilmembers Paine and L. Johnson for proposing this resolution. At a time when it seems everyone in power is doing a lot of awful things, it is nice to know local officials have their backs. She supported a lot of what has been said about having rights taken away. She is now seen as a vessel to have babies, but she is much more than that as are all people who can become pregnant. They deserve equal, easy access to basic healthcare which is what Edmonds City Council Approved Minutes July 5, 2022 Page 9 Packet Pg. 205 7.7.f abortion is. She struggles with the hypocrisy in this very emotional topic, people who claim they are pro - life but are not fighting for things that would actually save lives such as easier access to healthcare, better sex education at all ages, things that would prevent the need for abortion, but abortion should be easy to access as needed because it saves lives. As someone who has had a miscarriage, what came out of her body in no way resembled a human life. The fact that people are fighting for that sack of sells over a living, breathing, and contributing human being is difficult to understand. She strongly supports the resolution and thinks the local level is where there actually can be a very big impact because councilmembers are telling their constituents that they care about them and see them as whole human beings. Sofia Marie Castillo, Edmonds, a high school student, expressed support for the resolution because it supports her, her peers and many others. The formation of the United States was not religiously affiliated. Dawn Modsen, unincorporated Edmonds, said she planned to move into incorporated Edmonds and hoped to vote for the Edmonds council. As a person of baby -making age, with baby -making hormones, the past week has been an absolute nightmare. Although this is Washington, what the Supreme Court did with gun rights recently could also be done in Washington. She asked each councilmember to go on record stating their beliefs by voting for or against the resolution. Stephanie Smith, Edmonds, asked the council to support human rights with the strongest possible form of the resolution. Elected officials need to stand up for basic bodily autonomy and protecting citizens and residents' rights by, 1) ensuring City resources are not used to assist other jurisdictions in investigating and prosecuting individuals accessing basic healthcare, and 2) using the City's clout to ensure people's rights at the national and state level. Lisa Utter, Lynnwood, was glad the council was looking at this issue. She found it appalling that people were urging the council to focus on potholes instead of human rights. Councilmembers took an oath to protect the constitution and previously passed a resolution supporting human rights. She encouraged the council to pass the resolution. Gracelyn Shibayama, Edmonds, encouraged the council to vote yes on the resolution which is near and dear to her heart. She has struggled over the past few weeks knowing her rights have stripped. Knowing the City she lives in cares about her, her friends and her family to put this forward, to think about them, to protect them is very important. The council has to pass this resolution for people her age and younger to be an encouraging and welcoming City and to let young girls thrive and flourish. Denise Cooper said choosing to make abortion part of the discussion has placed a division in the community. She is pro -life, in support of the born and the unborn along with her heavenly father. What Councilmembers Paine and L. Johnson did by bringing abortion to the city council was a reckless move, bullying fellow councilmembers into saying that they support something that possibly they don't. The answer to preventing babies from coming into the world is safe sex or sustaining from sex; killing babies is not birth control. Checking twice, ensuring you have taken your pills or are wearing protection so the woman does not get in a predicament where she has to choose to kill her unborn child. She was unsure why the Catholic church was brought up, but they are pro -life and offer child and family services, adoption, elder care and spiritual care. She asked the council to leave this as a federal decision and not a City statement because not all citizens agree and are not all pro -abortion, some of them choose life. Ken Reidy, Edmonds, encouraged the council to remove the special event permit item from tonight's consent agenda. If the council wants to review the special event permit code, he suggested initiating a policy -making process, tasking the planning board with it as a first step and not add more new problems to the City code. At a minimum, he requested the following terms be correctly defined in the City code: Edmonds City Council Approved Minutes July 5, 2022 Page 10 Packet Pg. 206 7.7.f easement, right-of-way, opened public street, opened public alley, unopened public street, and unopened public alley. He requested the council clearly identify who has maintenance responsibilities for all portions of both opened and unopened streets and alleys. He questioned where the idea came from that the City can issue a special event permit to use a right-of-way that the City has never used, plus issue such a permit without the fee owner's approval. The City has experienced a property owner taking legal action to establish adverse possession of a City easement. The City won that 1989 case because the property owner's construction and maintenance of a fence in the easement area was not considered adverse or hostile to the City's easement. The law allows the fee owner to use their land before the City opens a street or alley so the construction and maintenance of the fence was not adverse or hostile to the City's easement. Mr. Reidy continued, however, if the City brings in a third party and allows permits to be issued to third parties for use of unopened streets and alleys, the situation changes. If the City does so, a property owner's use of their property may now become adverse or hostile to the City's right-of-way. If the council decides to go forward, he strongly recommended all permit applications to make use of the unopened streets and alleys require the signed approval of the fee owner; approval by both parties with legal rights to the property might protect the City from opening the door to adverse or hostile use of a City easement by the fee owner. The fee owner should be involved in the permit process if someone wants to use part of an opened street or alley that the fee owner is required to maintain. He urged the council to take time to get this right, to allow property owners with land subject to an unused right-of-way or with maintenance responsibilities an opportunity to be heard on this important topic starting at the planning board level. Bill McClain, Shoreline, recalled fishing in the 1980s and bagging seven silvers, one of which the hook almost went through the fish's eye. Imagine a hook going through the eye and being dragged into a boat. He commented on the pain inflicted by boiling crab. In an abortion of the unborn, the abortionist crushes the baby's skull or cuts off the arms and legs while it is alive and struggling, fighting against the abortionist's actions. He acknowledged having an unplanned child was hard on a woman, but the mother can have the child and it can be adopted. The torture that the unborn experience during an abortion is unimaginable. Slavery was abolished in the 1800s in spite of the inconvenience to the slave masters, the plantation owners as well as to the country; it cost 500,000 lives to put an end to slavery. The overriding reason was because slaves were people. The unborn are people too and need protection under the law. Mary Jennings, unincorporated Edmonds, said she was 15 when she was taken advantage of and became a very young mother. She was told to abort, that she would never graduate from high school and not to bring an unwanted child into the world. She had her daughter; her daughter is now 49 years old, a successful executive with Nordstrom. She herself graduated from high school in the top percentile and went on to Fresno State University and is a retired law enforcement officer, spending 25 years as a undercover investigator for the State of California. Edmonds is a great place to retire and be closer to her daughter. She is thankful she had her child regardless of what people said and raised her as a single mom until she turned 16. She is extremely pro -life and her daughter texted her recently thanking her for giving birth to her. Kristen Johnson said this is an incredibly large subject and cannot be solved in an hour or two. Not only have children been allowed to die, but women have also suffered due to what they did. She never had to do that, she brought forth her children and her youngest daughter commanded her heart to beat in the mighty name that we never hear about or dare to discuss because it is forbidden in society. She has seen the greatness of his power in so many ways for many decades. She encouraged everyone to consider that they are a living miracle, put together so fantastically but their offspring are being killed, people who could become doctors, etc. as she has seen in her incredibly smart grandchildren. At 88 years old, she is experiencing difficulty with her knees. She referenced the story relayed by Ruth Johnson Pirie about her daughter reviving her, commenting she was here tonight as a mighty testimony. Edmonds City Council Approved Minutes July 5, 2022 Page 11 Packet Pg. 207 7.7.f Heather Damron, Edmonds, said the stripping of rights does not stop here. Washington is one bad election away from what is happening federally happening in Washington. Church and state must be kept separate, legislators must be encouraged to codify Roe at the state level as soon as possible. She urged the council to vote yes to approve the most strongly worded resolution possible. Mayor Nelson described the procedures for virtual audience comments. Dawn Siewert, Director, Edmonds Lutheran Learning Center, was proud Edmonds was taking up the Roe v. Wade discussion. She spoke in favor of the approval of an update to Edmonds City Code to include Impact Fee Waiver for Early Learning Facilities. This came about as a result of her center which has been trying to change the use of the fireside room to be an educational center for children. The fee to change the use for childcare is about $36/square foot. At a time when childcare is so important to so many families, having this space or allowing a reduction in the fee for other centers would allow many more childcare spaces to open up. She urged the council to approve the fee waiver amendment. The information in the Child Care Collaborative Task Force report attachments is from November 2019 so it can be multiplied by COVID. She commended the hard work that childcare teachers, directors, and staff have done over the last two years during the pandemic, in -person with children and taking on an immeasurable amount of stress and keeping things as normal as possible for the children, some of whom have only been alive during COVID. She has 15 kids now that only know COVID, seeing parent and others wearing masks. Opening more childcare spaces as families return to work is important and she urged the council to vote yes on the fee waiver. Linda Ferkingstad, Edmonds, said Britain's restrictions and fees for cutting pine trees motivated the Declaration of Independence on July 7, 1776. Property rights continue to motivate immigration to the U.S. Her parents were 5 years old when 400 Nazis occupied their tiny island in Norway, doubling their population. For five years Nazis kicked families out of their homes in the dark of night, moved in and took their food supplies. When supplies ran out, Nazis moved to the next home. Every home housed either two families or Nazis who took what they wanted, making families buy back their own supplies, their own property. In 1965 her parents immigrated to Seattle with their children and were proud to become naturalized when they were sworn in as American citizens. Their father employed 100s, served on museum, charity and hospital boards, volunteered thousands of hours at Ballard Food Bank, Nordic Heritage Museum and supported those in need, paying for drug and alcohol addicted employees' sobriety. Her mom supported him and their five children in everything, inspiring them to give what's needed and expect nothing in return. In 2017 they purchased 1.2 acres in Edmonds to downsize and live beside each other. Inexperienced, they first got the go-ahead from the geotech and planning department but then got the runaround. After five years, they are close to a permit for division. Shockingly 82 years after the terrifying Nazi occupation, it is happening to them again in the USA. Ms. Ferkingstad continued, they cannot live on the property until they pay Edmonds for their own trees. Edmonds has permanently seized rights to all trees on their property without just compensation. Permits for tree removal for three homes are denied until $107,000 is received in tree fees in addition to the likely $100,000 in permits and Edmonds' permanent seizure of all rights to trees is recorded on property titles at the county. Their Ukrainian neighbors have to pay $64,000 in tree fees to build a home for their parents, a south Asian family cannot build homes without paying hundreds of thousands, and retired couples cannot afford to divide and sell half their property for retirement. Immigrant families and senior citizens are forced to compensate for tree canopy loss of 100 years of development. Edmonds' seizures and excessive fees restricting the use of vacant properties has decreased values and owners' equity. They are denied constitutional protections that all citizens benefit from. She asked whether the council would honor the pledge they made at all meetings, liberty and justice for all and asked whether all citizens will be free to live peacefully and productively without interference from the government. She asked for this to be Edmonds City Council Approved Minutes July 5, 2022 Page 12 Packet Pg. 208 placed on next week's agenda, immediately rescind the illegal tree ordinance and prioritize their constitutional rights. Cynthia Sjoblom, Edmonds, said people from Lynnwood and Shoreline speaking tonight do not have a say in Edmonds' politics. She was appalled by a remark by an audience member to "get over it." The resolution is an overreach and overrides the state's authority. The state of Washington has already decided to keep women's rights in place so fear -mongers saying people will be unable to get birth control, she suggested they get over it because they will be able to get birth control. To those who say, my body my choice, they are the same people, along with the government, telling unvaccinated people what to do with their bodies, shaming people for not being vaccinated or not wearing a mask. When it comes to my body my choice, they only believe it when it is convenient for them. She recalled Councilmember L. Johnson telling others to get vaccinated. There are two sides to every story; many women regret their abortions. In an article by the Daily Caller, former state lawmaker Alveda King, Dr. Martin Luther King Jr.'s niece and media personality Corinne Kimble spoke about their abortion stories and how the experience changed their lives. "Abortion is a civil wrong. Life is a civil right" said Alveda King. King stated her OB/GYN coerced into getting her first abortion and recommended she obtain her second one due to struggles in her marriage and the age of her first child and referred her to Planned Parenthood with the advice not to talk to her family or church about women's health matters and that Planned Parenthood would be a friend to talk to. King had two abortions and an abortion -related miscarriage before she began to look more closely into the issue, before she experienced the reality of the sanctity of life. "If I told my grandfather he would have helped me choose life. He convinced my mother not to let me in 1950." Corinne Kimball, a pro -life advocate and media personality, was pressured by her family and boyfriend who said their lives would be changed and it would affect their careers. She reported being tugged in every direction and crying hysterically because she could not think about going through with an abortion. She wished Planned Parenthood had been honest with her about the pain, guilt and especially options. She said they weren't trying to help her but pushing abortions and no information was given about adoption. She had expected Planned Parenthood to be a safe place for women. She urged the council not to pass the resolution. Mary Kimball, Edmonds, a queer woman, was heartened to see so many pride flags when she experienced the Edmonds 4th of July parade for the first time yesterday. She was heartened by the actions of Council President Olson and Councilmembers L. Johnson and Paine to include all people who may need access to reproductive rights and reproductive health care. She recognized it was incredibly unusually for a city council to take up a matter that does not practically impact the City. As others noted, there are no places in Edmonds that perform abortions. These are unprecedented times, Roe v. Wade has been overturned and is no longer law and access to comprehensive reproductive care and other forms of healthcare including those affecting the LGBTQA+ community are under threat. She urged the council to vote yes on either of the resolutions; she liked the first one but both are fantastic. These are unprecedented times that demand unusual comprehensive solutions to protect democracy and civil rights. Charlie Ann Lu, Edmonds, thanked the council for their willingness to consider the resolution on abortion and reproductive rights. While she considered herself pro -choice, she is also pro -life; a human live that begins at viability, not at conception. Not all people believe fertilized eggs are babies and since some cited science, as a published scientist, in the strictest biological definition, an embryo is actually a parasite, unable to sustain itself without a host. Women as a whole should not be forced, or to use some others' words, enslaved to become a host to a parasite. Many reference women who regret their abortion, but looking at science, a landmark study at UCFF recently showed 95% of women do not regret their decision and the overwhelming majority had positive feelings or none at all. She had a lifesaving abortion in her 20s and the only trauma she ever experienced is from people who accused her of murder. Despite that trauma, she has become very open with her story and because of that transparency, she has spent the past 25 years advising others on their reproductive decisions. While she does not always agree with every case in which a person chooses an abortion, she believes that every individual must have the freedom to Edmonds City Council Approved Minutes July 5, 2022 Page 13 Packet Pg. 209 7.7.f control their own reproductive autonomy and neither she nor the government should impose their own views on other people's medical decisions. Therefore, she supported the council's resolution on abortion and reproductive rights in its strongest form. This is especially important in the context of Edmonds' commitment to equity since restrictive reproductive choices disproportionately harm people of color and those who are economically disadvantaged. Edmonds is small but mighty and this resolution can signal to the governor, senators, representatives that the City is in strong support of women, people of color and other who are economically disadvantaged. She urged the council to vote yes. Natalie Seitz, Edmonds, continued her comments previously provided to council on the most recent version of the PROS Plan. The current council is not able to make commitments to improvements in the next round of the PROS Plan and she wanted a durable public record of the feedback the council received and disregarded. Page 17, the outcome of the community tabling events in SR-99 is only identified by a few sentences on that page and includes no separate write-up in appendix D. This is the only outreach for which this is the case. If the City wants to build relationships with underserved communities, the City needs to do a better job of documenting the feedback received from the community and directly connect it to policy, CFP/CIP, and new inserted action plan. She asked that a separate write-up from the feedback received from the tabling events be included. Figure 5 Map 1, the City erroneously counts land owned by the PUD in the SR-99 area as a special use park. She referred to the email provided to council on June 26t1i from the PUD identifying there is no access or agreement between the City and the PUD for areas south of the park and that these locations are signed no trespassing. She requested all figures and tables be revised to remove this area from depictions and calculations of City services. Page 74-76, open space, greater attention should be paid to equity and access as well as the revised definition of open space to focus on restoration of forest land and wetlands that can be or are located in all areas of the City. If the City is going to change the definition of open space to better accommodate acquisition of the marsh, then that concept of restoration and not just citing open space where natural features exist needs to be applied throughout the City including underserved areas. Ms. Seitz continued, additionally, the City included a walkability analysis to open space within the maps but provides no text analysis of the accessibility gap within the open space section. She requested a text analysis of the location of significant access gaps be included. Page 75, wetlands, the Unocal property identified in the wetland section is primarily upland and contaminated fill pad and provides very limited potential for direct wetland restoration, only the stormwater pond and ditch. Many other properties within the City provide a greater ability to directly provide wetland habitat. She requested the Unocal property be eliminated from the wetland section or discussion expanded to include any property within the City that would provide equivalent proportions of land that could be restored to wetlands. This would include but is not limited to the entire area north of the marsh west of SR-104 and south of Dayton as well as properties along Lake Ballinger. Next week she will start with Chapter 6. She referred to the Supreme Court's decision that this is not a federal issue, and said it is entirely appropriate for the council to take up the matter and provide the City's point of view to the state. There is no such thing as an unborn citizen; there is birthright citizenship in this country. She absolutely supported bodily autonomy. Susan Hughes, Edmonds, referred to a post in My Edmonds News by Councilmembers Paine and Councilmember L. Johnson that they drafted a resolution in support of abortion. Now they want the Edmonds City Council to adopt it. They did not state that large parts of the resolution are copied from Resolution 3054 submitted by Marxist Seattle City Councilwoman Kshama Sawant who is openly Marxist and has been noted as such on CNN, New York Times, Seattle Times, etc. Councilmembers Paine and L. Johnson distributed the resolution on local news media before disclosing it to their fellow councilmembers. She recalled Councilwoman Sawant brought protestors to then Mayor Durkan's home and unlocked Seattle city hall for protestors and questioned whether Edmonds had to look forward to. Some people who live, work or visit Edmonds support the United States Supreme Court decision. The constitution does not confer a right to abortion and returns the authority to regulate abortion to the people Edmonds City Council Approved Minutes July 5, 2022 Page 14 Packet Pg. 210 7.7.f and their elected representatives. People of both viewpoints are free to have their own opinion and citizens of Edmonds all deserve representation by Edmonds City Council. The U.S. Supreme Court is the highest tribunal in the nation for all cases and controversies arising under the constitution or the laws of the United States. As a final arbitrator of the law, the court is charged with ensuring American people the promise of equal justice under law and thereby also function as guardian and interpreter of the constitution. Edmonds councilmembers have taken an oath of office to support the constitution and laws of the United States. The city council code of ethics states the chief function of local government at all times is to serve the best interest of all the people. Edmonds City Council is foisting opposition to the U.S. Supreme Court ruling which exposed citizens to choose between staying silent out of fear or risking harm if they publicly oppose the resolution. Pro -choice and pro -life people deserve to be safe and to feel invited in the community. This resolution should not be part of Edmonds City government and Councilmembers Paine and L. Johnson should be censured for violating their oath of office, the code of ethics, and the code of conduct. 7. RECEIVED FOR FILING 1. MARCH QUARTERLY FINANCE REPORT 8. APPROVAL OF THE CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER CHEN, TO APPROVE THE CONSENT AGENDA. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO PULL ITEM 8.7, ORDINANCE REPEALING OR AMENDING CERTAIN CHAPTERS OF ECC TITLE 4 LICENSES AND ADDING A NEW CHAPTER RELATED TO SPECIAL EVENT PERMITS, AND PUT IT ON THE AGENDA AS ITEM 9.3. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JUNE 27, 2022 2. APPROVAL OF COUNCIL MEETING MINUTES OF JUNE 28, 2022 3. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 5. CONFIRM APPOINTMENT OF BOARD/COMMISSION CANDIDATE 6. EDMONDS CITIZENS' TREE BOARD APPOINTMENT CONFIRMATION 8. RESOLUTION ADDING SPECIAL EVENT PERMIT FEES TO THE CITY'S FEE SCHEDULE 9. PLN2022-0009 REZONE 9516 & 9530 EDMONDS WAY 9. COUNCIL BUSINESS APPROVE UPDATE TO EDMONDS CITY CODE CHAPTER 3.36 TO INCLUDE IMPACT FEE WAIVERS FOR EARLY LEARNING FACILITIES Edmonds City Council Approved Minutes July 5, 2022 Page 15 Packet Pg. 211 7.7.f Acting Public Works Director Rob English introduced Engineering Program Manager Jeanie McConnell. He reviewed: • Impact Fee Waiver o ECC 3.36 — regulates Street and Parks Impact fees o ECC 3.36.040 — provides partial exemption for low-income housing units o In 2018, the state legislature created a Child Care Collaborative Task Force to incentivize employer -supported childcare as well as improve childcare access and affordability. Their 2019 report included many recommendations, one of which was to partner with entities and jurisdictions to eliminate local construction impact fees. o July 2021 — RCW 82.02.060 was amended to also allow exemptions for early learning facilities Proposed code update to allow for partial exemption of street and park impact fees 0 80% exemption with remaining 20% paid at building permit issuance o Covenant to be recorded ■ 25% or more of children and families qualify for state subsidized child care ■ Annual report and supporting documentation to be submitted to the City ■ Exempted portion of fees to be paid for failure to comply with covenant ■ Full fees required for property conversation Staff recommends the change Councilmember K. Johnson advised the Parks and Public Works Committee reviewed this proposal and supports staff s recommendation. It was brought to council due to the code change. The committee felt it would be an asset to childcare and learning facilities in the City. The fees that will be waived are not significant for the City and can be recovered if the conditions are not met. Council President Olson thanked staff for the complete packet. She pointed out the permit system will be used to track receipt of the annual reports to ensure compliance. Councilmember Paine appreciated this coming to city council. She thanked former Student Representative Brook Roberts for bringing this forward after being contacted by Ms. Siewert. It was her understanding that child care facility would be next to the Housing Hope facility near the Lutheran Church. Ms. McConnell advised Ms. Siewert operates a business within the Edmonds Lutheran Church which is adjacent to the future Housing Hope location. Councilmember Paine expressed support for the proposed change as the apartments at Housing Hope will be large enough for families so it will be important to have access to childcare nearby. As a parent who paid for childcare, she realized it was expensive. Councilmember Buckshnis thanked staff for the complete packet. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 3.36.040 OF THE EDMONDS CITY CODE TO ADD A PARTIAL IMPACT FEE EXEMPTION FOR EARLY LEARNING FACILITIES. MOTION CARRIED UNANIMOUSLY. Mayor Nelson declared a recess from 9:09 — 9:15 p.m. 2. DISCUSSION OF COUNCIL RESPONSE TO SUPREME COURT DECISION TO OVERTURN ROE V. WADE Council President Olson said before the council discusses the merits of one resolution over the other, she wanted it to be clear that the council wanted to make a statement on this issue. Edmonds City Council Approved Minutes July 5, 2022 Page 16 Packet Pg. 212 7.7.f COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO ABSTAIN FROM MAKING A STATEMENT AS A CITY COUNCIL. Council President Olson said she did not come to the role as a city councilmember to be a politician, she came to serve her community in a nonpartisan role. Whenever the council acts, they should like the process regardless of the subject matter. She felt this process does not work and she did not want the council to weigh in on national issues. The council position is promoted as a part-time job and in her experience, being both an activist and doing the City's business makes it a full time job plus. She was not willing to stop doing the work of the City to be an activist in this role. She was not saying she or anyone else should be silent on this matter, but she shouldn't be speaking on behalf of the community on this matter, she preferred not to and she preferred not to be put in the position of doing so. If this becomes a resolution and the body does not accept her proposal, she will vote on the resolution because she has already taken a stand on this issue. However, nonpartisanship is also part of the council's charter. Council President Olson continued, as council president, she attends a monthly meeting with all the other south Snohomish County city council presidents and Edmonds is the only city taking up this action. All the others are saying their city is choosing not to get involved due to their nonpartisan charter. A councilmember's role is determining what is best for Edmonds. Those who think choice is important, as a lot of people do, would say this is something they have to do. She has looked at this issue very exhaustively this week and last and feels strongly that these rights are secure in Washington State and that a further statement in Edmonds is not needed because the situation will be the same regardless of whether a statement is made or not. Councilmember Paine said she was not in favor of doing nothing. As one of the authors of the resolution, she pointed out with the ruling of the Supreme Court, everything has changed. Decades of case law regarding privacy and access to medical care have been lost with this ruling. The decision has been delegated to the states and she hoped the council would stand up and send the resolution to state representatives and the Governor to add reproductive care to the state constitution. The council has heard stories tonight and via email, lived experiences that should not be ignored or treated lightly. She believes in choice and as a parent she chose to have her daughters, but that is not everyone's path. This is a good vote for the city council to take, to stand up for the people who lost their rights a week and a half ago when the country went backwards. She will not support the motion to do nothing. Councilmember L. Johnson said she was also not in favor of doing nothing. She did not accept the argument that the council should not speak out because this is a divisive issue. It should not be divisive to protect freedom, equality, human health and human rights. To those who say this a partisan issue, she asked if they were saying one party did not support religious freedom, equality and human rights. She respects the rights of others to their personal religious beliefs as it pertains to their individual choice. This resolution is about supporting, protecting, codifying individual choice and human rights. She was not here to protect people's feelings or desires to control the rights and choices of others. She was here to protect the right to choice, bodily autonomy and freedom which comes in many forms. This is unprecedented, many have had their rights threatened and stripped away and for that reason she cannot do nothing. Councilmember Buckshnis thanked Council President Olson for putting together the agenda packet so everyone can review it. As the longest serving councilmember, she recognized this was an extremely emotional topic and tonight's public comments on both sides of the issue may have been the longest. It is an emotional issue, church versus state. She is a very religious person and carries a rosary in her purse. The council has looked at state issues before and provided opinions, approximately 8-10 times in the past 12 years. From a partisan standpoint, this issue is very divisive and the country is extremely divided. She was still processing whether the council should say something and further the division. She used to teach self-defense for the Portland Police and often heard women talk about incest, abuse, rape, date rape, etc. Edmonds City Council Approved Minutes July 5, 2022 Page 17 Packet Pg. 213 7.7.f The onus is on women and nothing happens to the man even though it takes two. She hears both sides and recognizes it is a difficult issue to process. She thanked everyone who has contacted her, acknowledging some people are very angry. She anticipated the council would be thoughtful in their decision. Councilmember Chen thanked the community for speaking up and writing to the council to let them know where they stand. This is a very important issue and people are very passionate about it. This was a national issue and has become a local issue as abortion rights and choice are now up to the state. He said choice regarding abortion is the freedom to choose, it is not a forced abortion. He was born and raised in China in the 70s and his relatives went through forced abortion due to the one child policy. In Washington there is choice, women have the freedom to choose. The founding fathers founded this country based on the concept of religious freedom. Forced abortion is wrong, the freedom to choose is a way of life that we pursue and treasure. He immigrated as a first generation to the U.S. with the idea of pursuing freedom. For that reason, the council needs to send a message to the state lawmakers that they want freedom. Councilmember K. Johnson expressed support for the motion to take no action. The Supreme Court is the determinant of the constitution; they made a ruling and defer it to the states for further action. That upset a lot of people as illustrated by many who spoke tonight, but others said this is not the role for local government, it is up to the state to decide. No other cities in south Snohomish County are considering this action. This is a very divisive issue and it is up to a person's personal belief to take action and they have avenues to contact their state legislators and the governor. This is not an appropriate role for the City of Edmonds and as a representative government, she was unsure how councilmembers could promote their own agendas without taking into account there are over 40,000 people in the City and not all are fully represented by this decision. This is a divisive issue and not everyone agrees so councilmembers cannot take a position. UPON ROLL CALL, MOTION FAILED (2-3-1), COUNCILMEMBER K. JOHNSON AND COUNCIL PRESIDENT OLSON VOTING YES, COUNCILMEMBERS CHEN, PAINE AND L. JOHNSON VOTING NO, AND COUNCILMEMBER BUCKSHNIS ABSTAINING. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO ACCEPT A RESOLUTION OF THE EDMONDS CITY COUNCIL IN SUPPORT OF ACCESS TO A FULL RANGE OF REPRODUCTIVE RIGHTS INCLUDING ABORTION SERVICES AND URGING FEDERAL AND STATE ELECTED OFFICIALS TO CODIFY THESE RIGHTS. Councilmember L. Johnson clarified the motion was to approve the resolution that was handed out. This updated resolution is a combination of two resolutions in the packet. She appreciated the improvements that came with the opportunity to update the resolution, specifically adding more information about Washington State and what Washington has done to -date. She and Councilmember Paine undertook this resolution and wording is borrowed from five cities, Minneapolis, San Diego, Morro Bay, Pasadena as well as the State of Washington Governor's office. Many of the statistics and additional wording come from the American Psychological Association, the ACLU and the Rabbinical Assembly. Instead of reinventing the wheel, they did their research and used language from other places along with the original language that they and other councilmembers provided. She was proud of the resolution. The reason for the resolution is the U.S. is a country founded on the principle of separation of church and state. Councilmember L. Johnson continued, last week 168 million people who may become pregnant had the fundamental right to reproductive freedom and privacy stripped away; a floodgate was opened allowing individual bodily autonomy and reproductive choice to be dictated by others' religious beliefs. If a constitutional right that was long established by law can be stripped away, what's next, the right to use contraception, marriage equality, protection from criminalizing the private conduct of LGBTQ persons?. In 2007, the council unanimously resolved that it is their utmost responsibility to uphold the rights and freedoms of the families and individuals they represent and that they believe as elected representatives of Edmonds City Council Approved Minutes July 5, 2022 Page 18 Packet Pg. 214 7.7.f the people of Edmonds, they have a special responsibility to speak out against discrimination against any residents and chose to be a leader in protecting human rights, equity, public safety and social wellbeing. Councilmember L. Johnson continued, after Friday's decision, many in the community were terrified about their and their family members, friends and neighbors' safety and wellbeing. Now more than ever as stated in the Safe City Resolution, the council, as elected representatives of the people of Edmonds, have a special responsibility to speak out against discrimination against any residents and choose to be leaders by protecting human rights, equity, public safety and social wellbeing. The council owes it to those who are terrified about the loss of human rights to use their voice to call upon the state and federal government to codify these rights into the Washington State and United States Constitutions so that going forward the right to bodily autonomy and reproductive freedom is protected at the highest level and not threatened in the future. In this resolution, the council stands by those commitments and uses its collective voice to advocate for the restoration and preservation of reproductive freedom and choice. Councilmember Paine spoke in favor of the resolution, a resolution that directly impacts the most intimate decision a family makes, conversations that happen at the kitchen tables, on the phone, everywhere, conversations that need to be held with medical providers and others that a person trusts. These are not discussions for legislators who tell people they no longer have a choice. The Supreme Court's ruling has undone the ability for people to seek clinical care because Casey v. Planned Parenthood was taken away. Roe v. Wade, access to safe, legal abortion care was taken away overnight. Not having the ability to get good counsel will put everyone at risk. There have been discussions about a national law outlawing abortion as soon as the next election. The Supreme Court has been packed with people who do not believe in choice. Having the state and federal constitutions recognize reproductive rights and freedom is absolutely essential so people continue to have access to clinical care for reproductive services and it is nobody else's business. Councilmember Paine continued, what is proposed is not outrageous or out of line with what existed two weeks ago. The council has heard from a lot of people tonight and have received an equal amount or more emails on this topic. It has been overwhelmingly representative of the state's positions of 80/20 or sometimes 90/10 in favor of preserving women's right to access to care. She requested the council support the resolution. She noted domestic violence is an issue, abuse in the family dynamic is part of what needs to be discussed. Someone with a coercive, violent partner does not have a choice. She wanted to preserve these rights for individuals and families in the future. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO AMEND TO REMOVE SECTION 4 WHICH ENGAGES THE EDMONDS POLICE DEPARTMENT IN PURSUIT OF INVESTIGATIONS RELATING TO PEOPLE SEEKING OR PROVIDING ABORTION, FINDING THAT OVERREACH. Councilmember Buckshnis commented this is a very difficult topic, she was old enough to know what happens; at 13 she was a hotel maid and saw what happens when someone tries to self -abort and it wasn't pretty. She has prayed a lot on this, and it is important to understand the implications of what happened and why it is important for the council to make a statement at the city level to state legislators. She summarized Section 4 was too overreaching. Councilmember L. Johnson said this section is important; the State of Washington has already set the groundwork for this by issuing something similar to the Washington State Patrol (WSP). Edmonds has its own police department and it is appropriate to make such a statement regarding the City of Edmonds police department and not committing services in pursuit of any investigations related to people who are seeking or providing abortion care or reproductive health care services and it is not a public safety priority for the Edmonds community. Edmonds City Council Approved Minutes July 5, 2022 Page 19 Packet Pg. 215 7.7.f Councilmember Paine pointed out Governor Inslee issued a directive to the WSP, but each community has their own police department and she did not believe this was not overreach or inappropriate to make a policy that this was the lowest priority in the police department. She encouraged councilmembers to support the declaration that pursuit of people coming to the community seeking reproductive health care services, abortion services or those investigations because that is not a public safety issue for Edmonds. Council President Olson said that was a section she wanted to rewrite as it appeared to order or direct the police department which is more of an administration issue. The section she included in one of her versions of the resolution stated the Edmonds City Council and Edmonds Police Department recognize and agree to the restrictions in RCW 9.02.100 prohibiting local law enforcement from penalizing, prosecuting or taking any adverse action against patients exercising their reproductive rights. Instead of the council ordering the police department, it would state the council and Edmonds Police Department support what is already state law. She liked the tone of that language better and suggested voting no on this amendment with a subsequent motion to add the alternative language. Councilmember Chen referred to section 4, commenting it was important to state the police department will not engage in criminalizing anyone seeking abortion services, but he wanted to ensure the language was clear about those seeking abortion services versus other crimes. He feared people would use this clause as a shelter for other wrongdoing. City Attorney Jeff Taraday said one option would be to reference state laws that protect those rights in RCW 9.02, but simply referencing that chapter does not say much. He was unsure if the drafters of section 4 intended for it to go above and beyond what the state is protecting in RCW 9.02. The council does not need to tell the police to protect a right that state law already protects; RCW 9.02.100 states, "The state may not deny or interfere with a pregnant individual's right to choose to have an abortion prior to viability of the fetus or to protect the pregnant individual's life or health." The only possible ambiguity he saw was state law protects up to viability and also to protect the pregnant individual's life or health; the language in section 4 is not limited in that way, but could easily be amended to apply that limitation. He was unsure that would achieve the drafters' intent. Councilmember L. Johnson appreciated Council President Olson bringing up the Governor's directive 22- 12, a directive to the WSP. She supported applying the wording in that directive to the City of Edmonds Police Department. Councilmember Paine also supported the inclusion of the Governor's directive and the language in RCW 9.02 which was recently revised by the legislature to make abortion care access a lot broader. Council President Olson asked if the Governor's directive applied to local law enforcement. Mr. Taraday answered it does not. One of the paragraphs in the June 30th press release from the Governor's office states, "though the governor does not have jurisdiction over local law enforcement agencies, state law prohibits anyone including all state and local enforcement from penalizing, prosecuting or taking any adverse action against patients exercising their reproductive rights." The Governor's press release expressly states it does not have jurisdiction over local law enforcement agencies. Council President Olson pointed out the press release also states that state law prohibits penalizing, prosecuting or taking any adverse action against patients exercising their reproductive rights. She did not understand how both could be true. Mr. Taraday said the question it raises is if state law already prohibits anyone including all state and local enforcement from penalizing, prosecuting or taking any adverse action against patients exercising their reproductive rights, the purpose of the Governor's directive is not clear. The directive describes what it does but he was unsure whether it was a real world impact or a symbolic thing. For example, the press release states, "The order directs the WSP to decline cooperation with most subpoenas, search warrants or court orders from states with laws that ban or significantly restrict abortion access. WSP must review and process such requests in conjunction with the Office of the Edmonds City Council Approved Minutes July 5, 2022 Page 20 Packet Pg. 216 7.7.f Attorney General and Governor's general counsel." Mr. Taraday suggested if the council wanted to do something similar to the Governor's order, they more closely copy the language used in the Governor's order in the way that it references search warrants or court orders from states with laws that ban or significantly restrict abortion access as that is the meat of the Governor's order. That may be what was intended by section 4, but section 4 does not exactly say that and he did not want to presume the authors' intent. As one of authors of section 4, Councilmember L. Johnson said what the Governor wrote does a much better job of encapsulating the intent. Councilmember K. Johnson raised a point of order, advising Councilmember L. Johnson had already spoken twice on this subject. Councilmember L. Johnson agreed she had spoken twice and was simply clarifying the intent of the authors. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO EXTEND TO 10:15. MOTION CARRIED UNANIMOUSLY. City Clerk Scott Passey restated the motion TO STRIKE SECTION 4. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO AMEND THE MOTION TO TAKE THE VERBIAGE IN THE GOVERNOR'S DIRECTIVE 22-12 THAT APPLIES TO THE WASHINGTON STATE PATROL AND ADOPT IT TO APPLY TO THE CITY OF EDMONDS POLICE DEPARTMENT WHICH INCLUDES THE RCW THAT WAS CITED WITHIN THE DIRECTIVE. UPON ROLL CALL, AMENDMENT CARRIED (5-1), COUNCILMEMBERS CHEN, BUCKSHNIS, PAINE, L. JOHNSON AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBER K. JOHNSON VOTING NO. Because the last amendment the council voted on was not a full insertion of language, Mr. Taraday asked if the intent was for the resolution to come back on consent next week so he could draft language that was in the spirit of the motion for the council's review prior to a final vote. If not, more work would be necessary to ensure he got the language right. Council President Olson pointed out next week is committee night and asked if it would be possible to work on the wording now. Mr. Taraday said he was trying to capture the spirit of the discussion as well as be mindful that the council was a legislative body speaking to a police department; in the Governor's situation, it is the executive branch speaking to its own law enforcement agency. For that reason he suggested the following, "With the passage of this resolution, the Edmonds City Council requests the City of Edmonds Police Department to decline cooperation with most subpoenas, search warrants or court orders from states with laws that ban or significantly restrict abortion access." Councilmember L. Johnson said the Governor's directive states, refrain from providing any cooperation or assistance whatsoever to any out of state law enforcement agency, public entity or private party if the matter concerns abortion -related conduct or other reproductive health and establish a process in conjunction. Mr. Taraday observed she was looking at the actual directive, he was looking at the press release which is a shorthand version of the directive. Councilmember L. Johnson said the actual directive does a thorough job of encapsulating the intent of the original section 4. Her motion was to take the language from the directive and adopt it for the City of Edmonds. Mr. Taraday asked if it would work to reference directive 22-12 and add that the council requests the Edmonds Police Department follow the Edmonds City Council Approved Minutes July 5, 2022 Page 21 Packet Pg. 217 7.7.f directions provided in the Directive of the Governor 22-12. Councilmember L. Johnson said that would be acceptable to her, but was unsure about the rest of the council. Council President Olson agreed that would be simpler and better. Councilmember Buckshnis raised a point of order, asking about parliamentary procedure since the council already voted. Mr. Taraday suggested another motion to amend to tighten up the spirit of what was previously voted on by expressly referencing 22-12 which may be more consistent with Councilmember L. Johnson's motion. Councilmember L. Johnson clarified she referenced the directive, not the press release and the council voted on the directive, not the press release. Her motion was to have the directive worded to apply to the City of Edmonds Police Department. Mr. Taraday asked if her request was for the mayor to issue a directive to the police department. If he directly translated the directive, that's what it would be. Councilmember L. Johnson appreciated that Mr. Taraday was asking for clarity; that would be acceptable to her, but the council would need to vote on it. As Councilmember L. Johnson began to make a motion, Councilmember Buckshnis raised a point of order, commenting this would be a reconsideration as the content of what the council voted on was being changed. Mr. Taraday agreed it could be characterized as a reconsideration if someone on the prevailing side wanted to do that. At the end of the day, he was not sure what the council just voted on, which was why he brought this up. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, FOR RECONSIDERATION REGARDING SECTION 4 OF THIS RESOLUTION. WITH THE PASSAGE OF THIS RESOLUTION, THE EDMONDS CITY COUNCIL REQUESTS THE EDMONDS POLICE DEPARTMENT REFRAIN FROM PROVIDING ANY COOPERATION OR ASSISTANCE WHATSOEVER TO ANY OUT OF STATE LAW ENFORCEMENT AGENCY, PUBLIC ENTITY OR PRIVATE PARTY IF THE MATTER CONCERNS ABORTION RELATED CONDUCT OR OTHER REPRODUCTIVE HEALTH CARE SERVICES THAT ARE LAWFUL IN WASHINGTON, INCLUDING BUT NOT LIMITED TO, DECLINING TO COOPERATE WITH AN OUT OF STATE SUBPOENA, SEARCH WARRANT OR COURT ORDER THAT HAS NOT BEEN DOMESTICATED IN THE STATE OF WASHINGTON. Councilmember Buckshnis raised a point of order, suggesting the council vote on the reconsideration before the amendment. Mr. Taraday agreed. Councilmember Paine restated the motion: TO RECONSIDER THE MOTION. MOTION TO RECONSIDER CARRIED UNANIMOUSLY. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, WITH PASSAGE OF THIS RESOLUTION, THE EDMONDS CITY COUNCIL REQUESTS THE EDMONDS POLICE DEPARTMENT REFRAIN FROM PROVIDING ANY COOPERATION OR ASSISTANCE WHATSOEVER TO ANY OUT-OF-STATE LAW ENFORCEMENT AGENCY, PUBLIC ENTITY OR PRIVATE PARTY IF THE MATTER CONCERNS ABORTION -RELATED CONDUCT OR OTHER REPRODUCTIVE HEALTH CARE OR SERVICES THAT ARE LAWFUL IN WASHINGTON, INCLUDING BUT NOT LIMITED TO DECLINING TO COOPERATE WITH AN OUT-OF-STATE SUBPOENA, SEARCH WARRANT, OR COURT ORDER THAT HAS NOT BEEN DOMESTICATED IN WASHINGTON. Edmonds City Council Approved Minutes July 5, 2022 Page 22 Packet Pg. 218 7.7.f Councilmember Buckshnis said she was not sure where this language came from. She had not read it in any of the materials and therefore would not support it. Council President Olson recalled a comment by the city attorney to have the mayor direct staff rather than the council asking the police department. Mr. Taraday said the motion contains the word "request" versus "direct," a key distinction. The council should not direct employees to do anything. Council President Olson said an earlier version referred to a City of Edmonds policy which may be more appropriate and stronger. She asked if the maker of motion would make that change, to reference City of Edmonds policy. Councilmember K. Johnson said she was also concerned with the language. She wondered if it would be preferable to direct the mayor to ask the police department because the council can tell the mayor what to do but cannot tell his staff what to do. As the executive, the mayor takes direction from the city council. Mr. Taraday clarified the council adopts policy; where that policy is in the form of a law, the mayor is tasked with enforcing the laws of the City. An independently elected mayor does not have the same relationship to the council as a city manager who reports to the city council. Councilmember K. Johnson asked if the council could make it the policy of City to fit within that chain of command. Mr. Taraday said that was similar to the motion that Council President Olson was contemplating by including the word "policy" in the motion. Councilmember K. Johnson asked if Mr. Taraday could craft that language. Mr. Taraday said one option would be, "With the passage of this resolution, it shall be the policy of the City of Edmonds to refrain from providing any cooperation or assistance whatsoever to any out-of-state law enforcement agency, public entity or private party if the matter concerns abortion -related conduct or other reproductive health care or services that are lawful in Washington including but not limited to declining to cooperate without any out-of-state subpoena, search warrant or court order that has not been domesticated in Washington." Councilmember K. Johnson offered that language to keep the mayor, council and staff in its proper order. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO EXTEND TO 10:30. MOTION CARRIED (5-1) COUNCILMEMBER K. JOHNSON VOTING NO. Mr. Taraday restated the pending amendment: AMEND SECTION 4 TO READ AS FOLLOWS: "WITH THE PASSAGE OF THIS RESOLUTION, IT SHALL BE THE POLICY OF THE CITY OF EDMONDS TO REFRAIN FROM PROVIDING ANY COOPERATION OR ASSISTANCE WHATSOEVER TO ANY OUT- OF-STATE LAW ENFORCEMENT AGENCY, PUBLIC ENTITY OR PRIVATE PARTY IF THE MATTER CONCERNS ABORTION -RELATED CONDUCT OR OTHER REPRODUCTIVE HEALTH CARE OR SERVICES THAT ARE LAWFUL IN WASHINGTON INCLUDING BUT NOT LIMITED TO DECLINING TO COOPERATE WITHOUT ANY OUT-OF-STATE SUBPOENA, SEARCH WARRANT OR COURT ORDER THAT HAS NOT BEEN DOMESTICATED IN WASHINGTON.. AMENDMENT CARRIED UNANIMOUSLY. UPON ROLL CALL, MAIN MOTION AS AMENDED CARRIED (6-0), COUNCILMEMBERS K. JOHNSON, CHEN, BUCKSHNIS, PAINE AND L. JOHNSON AND COUNCIL PRESIDENT OLSON VOTING YES. 3. ORDINANCE REPEALING OR AMENDING CERTAIN CHAPTERS OF ECC TITLE 4 LICENSES AND ADDING A NEW CHAPTER RELATED TO SPECIAL EVENT PERMITS (Previously Consent Agenda Item 8.7) Edmonds City Council Approved Minutes July 5, 2022 Page 23 Packet Pg. 219 City Clerk Scott Passey said he asked Council President Olson to pull this from consent as he received late breaking information from the development services department about retaining chapter 4.80 related to aircraft landing permits. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, FOR ADOPTION OF THE PROPOSED ORDINANCE AND STRIKING THE REPEAL OF CHAPTER 4.80. Councilmember K. Johnson asked if this was related to handheld aviation devices. Mr. Passey said he was not sure what it relates to; there was apparently reference in the code to chapter 4.80 in a few places and staff felt to be safe, they wanted to keep it in the code for the time being and strike it later if necessary. MOTION CARRIED UNANIMOUSLY. Council President Olson referred to the citizen comment about unopened rights -of -way. She asked if that was on the fee schedule. This has been on the agenda no fewer than six times and that wasn't something that came up. She acknowledged the citizens comment, it will be looked at and brought back for amendment if necessary. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO ADOPT ORDINANCE NO. 4269, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE REPEAL OF OR AMENDMENT TO CERTAIN CHAPTERS OF TITLE 4 ECC LICENSES AND THE AND ADOPTION OF A NEW CHAPTER TO TITLE 4 ECC RELATING TO SPECIAL PERMITS, PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE, AS AMENDED. MOTION CARRIED UNANIMOUSLY. 4. CITY OF LYNNWOOD/MEADOWDALE PARK ILA 2022 EXPENDITURE REQUEST Council President Olson relayed Councilmember K. Johnson's interest in this going back to committee Parks, Recreation, Cultural Arts & Human Services Director Angie Feser advised this was pretty complicated and it may be best to take it back to committee. She recommended it be considered in conjunction with the anticipated renewal of the 2025 deadline on the entire ILA. OPEN PUBLIC MEETINGS ACT (OPMA) TRAINING (PART 2) Due to the late hour, this item was postponed to a future meeting. 10. MAYOR'S COMMENTS Mayor Nelson thanked everyone who came to the 41 of July parade, the Edmonds Chamber of Commerce for putting it together, and City staff for their support. It was great to see the new police bike patrol and well as South County Fire's bike patrol. He thanked those who refrained from lighting off fireworks, acknowledging some were disappointed the City did not have official, authorized fireworks this year. He was confident fireworks would return to the redone Civic Park next year. 11. COUNCIL COMMENTS Councilmember Chen expressed appreciation for everyone's input in the process. As we celebrate the birth of the nation, remember we are all here because of one idea, treasuring freedom. The 4t1' of July is a big celebration to carry on that spirit. Edmonds City Council Approved Minutes July 5, 2022 Page 24 Packet Pg. 220 Councilmember Buckshnis commented everyone had a good time at the 4t1i of July parade. She was shocked and saddened to hear what happened in Highland Park, an area she used to visit, commenting it was unfortunate people will shoot up a 4t1i of July parade. She appreciated everyone who contacted her about Roe v. Wade, noting it is a very complicated issue due to financial implications and abortions related to domestic violence, incest, domination, etc. Council President Olson recognized the different times that various members of our society have gain their freedom. She looked forward to a day when the 4' of July can be celebrated as freedom for everyone and appreciating everyone's freedoms. There was a fair amount of fireworks in spite of the ban and she hoped in the future the community would embrace the ban as fireworks are very dangerous and a fire hazard. She thanked Ms. Feser for being professionally dressed and ready to go for her agenda item. Councilmember Paine thanked everyone involved in the great 4t1i of July celebration. It was a wonderful time, and it was great to have the parade back and people downtown. It sounded a bit like a war zone on the 41 of July; she preferred a more silent 4' of July celebration instead of the booms and bangs, particularly after the semi -automatic gunfire that Highland Park experienced during their parade. There has to be something better for people to do and there needs to be a better way to treat people before they do that. Councilmember L. Johnson thanked everyone who came out tonight and/or emailed the council to share their concerns, fears and personal stories. It is not an easy topic for anyone and she appreciated those who were willing to be vulnerable, share and advocate for what they believe is right. She shared her feelings of deep sadness for the six people who were shot and killed in Highland Park at a parade celebrating the idea of freedom from oppressive rule. It is an idea because not everyone is free. That speaks volumes about the state of the nation and the work left to do when people can be shot and killed while celebrating freedom. 12. ADJOURN With no further business, the council meeting was adjourned at 10:29 p.m. Edmonds City Council Approved Minutes July 5, 2022 Page 25 Packet Pg. 221 7.7.g PARKS & PUBLIC WORKS COMMITTEE MEETING October 10, 2023 Elected Officials Present Councilmember Dave Teitzel (Chair) Councilmember Diane Buckshnis Council President Neil Tibbott (ex-officio) Councilmember Vivian Olson Councilmember Jenna Nand CALL TO ORDER Staff Present Oscar Antillon, Public Works Director Rob English, City Engineer Angie Feser, Parks, Rec. & Human Serv. Dir. Francis Chapin, Arts & Culture Mgr. Mike De Lilla, Senior Utilities Engineer Scott Passey, City Clerk Sharon Cates, Lighthouse Law Group Guests Present Lynn Sordel, Lynnwood Director of Parks & Rec. The Edmonds City Council PPW Committee meeting was called to order virtually and in the City Council Conference Room, 121 — 5t" Avenue North, Edmonds, at 4:30 p.m. by Councilmember Teitzel. The agenda was amended to move Items 2.6 and 2.7 to follow Item 2.3. 2. COMMITTEE BUSINESS 1. International District Permanent Banner Design Protect Ms. Chapin described the original artwork installation on Highway 99, red lanterns on the light poles in the International District installed in 2013. Temporary fabric banners were also installed but did not hold up well and were removed. Replacing the banners was delayed due to improvements on Highway 99. Funding for replacement banners is still available in Fund 332. The Arts Commission was interested in a visible art project on Highway 99 and enthusiastically supported using public art funds to supplement the $39,000 available in Fund 332. The project will create permanent cut -metal banners to be mounted on the poles. A bracket design will be engineered before the call for artists goes out. The call for artists is a request for qualifications; up to 8 artists will be selected to create designs for 11 poles using specifications provided by the City; the theme is Welcome to the International District and images should reflect the culture and nature of the neighborhood. Artists will be paid a $2,000 design fee; the City will fabricate the metal banners using the artists' designs and install them on the poles in the International District. Discussion followed regarding who would install the banners, sign companies that manufacture and install signs, whether the banners would conflict with the horizontal Welcome to International District signs, cutouts in the metal signs to allow for wind flow, artists providing a letter of interest, and the banners reflecting the full array of cultures in the International District. Committee recommendation: Consent Agenda on 10/24/23 2. Presentation of PSA Amendment with Consor North America, Inc for Yost and Seaview Reservoir Repairs and Upgrades Protect Mr. English explained in June 2022 the city council approved a contract with Murray Smith & Associates (now Consor North America) to do the preliminary design work for both the Seaview and Yost reservoirs. Packet Pg. 222 7.7.g 10/10/23 PPW Committee Minutes, Page 2 The Yost reservoir was built in 1973 and Seaview was built in 1975/76; both reservoirs are concrete reinforced structures and have a 1.5M gallon capacity. The preliminary design identified structural and non-structural upgrades primarily related to structural seismic load issues. Non-structural issues in the Yost reservoir include failing joint sealant that is causing leaks, pipes in both reservoirs lack flexibility which could be problematic in a seismic event, the gate valves at Yost need to be replaced, and pipe maintenance internal to the structures needs to be addressed. The Seaview reservoir has similar seismic issues that need to be addressed, minor cracking, a vault ladder that is not up to code, and corroded hatch hardware that needs to be replaced. The main structural fix is a fiberglass reinforced polymer (RFP) strip that provides rigidity in the structure to address lateral movement that would occur in a seismic event. The fee for final design is approximately $422,000 which includes a $40,000 management reserve. The funding source is the water utility fund. The first reservoir would be upgraded in 2025 and the second in 2026. Questions and discussion followed regarding underground reservoirs, design cost for the Five Corners reservoir, whether the dollar amounts are in the CIP/CFP, and the start date for design to accommodate spring construction. Committee recommendation: Full council. 3. Presentation of Supplemental Agreement with WSP for Construction Management Services on the 76th Ave Overlay Protect Mr. English advised this is a time extension of the agreement with no increase in budget. The construction work is complete and final close-out will continue into 2024. The current expiration is the end of 2023 and there is the potential WSP services will be required for a WSDOT audit so the request is to extend the contract to June 2024. He responded to a question regarding Lynnwood paying for approximately 50% of the project as the east side of 76th is in Lynnwood. Committee recommendation: Consent Agenda 6. Presentation of Supplemental Agreement with WSP for Highway 99 Revitalization & Gateway Project Mr. English advised this is a time extension of the agreement with no increase in budget. WSP was hired to provide construction management and inspection services. The project is currently in the landscape maintenance phase which will continue into late summer 2024. The request is to extend the agreement end date to December 2024 to provide support services to close out the project when plant establishment is complete. Committee recommendation: Consent Agenda 7. Supplemental Agreement with SCJ for Highwav 99 Stage 2 Mr. English explained this is to extend the agreement end date to December 2024 as SCJ's services will be needed to do as -built drawings during 2024. There is no additional fee, only extending the date of the agreement. Committee recommendation: Consent Agenda. 4. City of Lynnwood/Meadowdale Playground Expenditure Request Ms. Feser introduced Lynn Sordel, Lynnwood Director of Parks & Recreation. She explained this agenda item is related to the Interlocal Agreement for Meadowdale Playfields and a project to replace Packet Pg. 223 7.7.g 10/10/23 PPW Committee Minutes, Page 3 the playground. The playground was originally designed to be an ADA level replacement, but based on community input, Lynnwood decided to upgrade it to an inclusive level. Edmonds has an existing ILA with Lynnwood and the Edmonds School District (who owns the underlying park property) for a past park improvement project as well as an ongoing maintenance and operations agreement whereby Edmonds and Lynnwood share O&M costs. Edmonds also gets priority scheduling for the softball fields; Edmonds run a significant softball program for Edmonds and Lynnwood. Ms. Feser explained Lynnwood has requested reimbursement for the playground expenditure. In early 2022 Edmonds was informed the ADA level playground would be $200,000 which was included in the capital program. Lynnwood subsequently upgraded the playground to inclusive level which increased the project cost to about $500,000. The question became whether Edmonds was willing to pay $248,000 for the playground instead of $111,000. There is some interpretation in the ILA about new improvements to the facility and approval by other entities and cost sharing. Staff feels that happened at the ADA level but may not have happened at the inclusive level. There is also some question whether this improvement is classified as maintenance or capital. Edmonds staff does not necessarily agree it is maintenance which the City would fund 50%. The council has the prerogative to fund the playground at whatever level they feel appropriate. Savings from Civic Park could be used to cover the $111,0000. In 2024 the cities need to renegotiate the ILA which ends in 2025, but she recommended focusing on the playground expenditure now. Mr. Sordel relayed Lynnwood and ESD's interest in extending the ILA beyond 2025, and described initiation of the 2017 ILA due to loss of the former Lynnwood High School site, benefits of the playground to the park, survey of elementary students on the playground design, reasons for the increased cost of the playground (parking, ADA path, concrete pad and inclusive playground), $10,000 Snohomish County grant that mandated substantial progress on the playground in 2022, Lynnwood's view of the playground as maintenance because it replaces the existing playground and language in the existing ILA regarding if Edmonds ceases its use (currently anticipated to occur in 2025). Questions and discussion followed regarding not wanting to undermine Edmonds' great relationship with Lynnwood, the $137,000 difference between $111,000 and $248,000, interest by the parties to extend the relationship in the ILA beyond 2025, difference of opinion whether Edmonds was formally notified and whether Edmonds Council took action to authorize the additional cost, policy nuance, whether the upgrade to inclusive is considered maintenance, concern with making a significant investment at the end of the ILA, intent to extend the ILA in the future, assuring the ILA will be extended before providing an increased level of funding, memorandum of understanding identifying the intent of parties to continue the relationship, payment of $111,000 with an agreement to an MOU and payment of additional $137,000 when the extension of the ILA is approved, Lynnwood's contribution to the playfield renovation, making a $111,000 payment now and meeting with Lynnwood leadership regarding an MOU later this year, and interest in continuing the relationship with Lynnwood and ESD. Councilmember Teitzel offered to contact Lynnwood City Council President Shannon Sessions to discuss policy issues and following their conversation, bring this to full council. Mr. Sordel offered to update Lynnwood City Council President Sessions. Committee recommendation: Full council 5. Longbay Enterprises Contract Amendment No. 6 Ms. Feser explained this amendment will extend the scope of work with Longbay Enterprises, the City's real estate consultant. For example, the council will consider approval of a purchase and sale agreement for a parkland acquisition next week. The amendment requests an additional $50,000 to complete work on the current parkland acquisition. She would typically have done this in 2024 but the contract is reaching the end of the $150,000 allocation. Packet Pg. 224 7.7.g 10/10/23 PPW Committee Minutes, Page 4 Questions and discussion followed regarding the funding source, work in the contract related to the Landmark/Highway 99 property, the need to make hard decisions due to the 2024 budget, concern with spending money on consultants for a project that may not continue, concern a sole source contract morphed into a contract over $150,000 without an RFP/RFQ process, and ability to fund due diligence from parkland acquisition. Committee recommendation: Full council. 3. ADJOURN The meeting was adjourned at 5:38 p.m. Packet Pg. 225 Proposal for 7.7.h City of Lynnwood Prepared by A96&.- GREAT WESTERN R I E A i l_ 05-12-2022 Job # 105669-01 Meadowdale Playfield Playground Option 3 GameTime 435-901-9544 1 www.gwpark.com Packet Pg. 226 Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA PR IL J A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F: 435 245-5057 Quinnc@gwpark.com Packet Pg. 22 Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA 4*0-44440 A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F: 435 245-5057 Quinnc@gwpark.com C PacklPq. Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA G R E A A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F: 435 245-5057 Quinnc@gwpark.com Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA � .. " .als._ w' '.,sir•. �� f' �o •.�:. �. - G R E A A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F: 435 245-5057 Quinnc@gwpark.com Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F: 435 245-5057 Quinn@gwpark.com Packet Pq. 23, a Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA ,ramj 4/A4f� 4F:f'e'{,li titer" � a.� A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F: 435 245-5057 Quinnc@gwpark.com ..: _" Pa1q. cket P23: Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F: 435 245-5057 Quinnc@gwpark.com PacklPq. Project: 105669-01-Opt 3 Surfacing: 50-50 PIP PRIMARY PALETTES Allegiance Gum Drop() () Metal Plastic HDPE D( Jovial Butt—«<h ,o Metal HDPE • • Patriot O ButtorscotU ooion.n f wQ PALETTE COLOR SELECTIONS Approved by: NATURAL PALETTES CONTEMPORARY PALETTES ®� Arctic ®() Avalon 0 Uprights • Metal HDPE • IZ oaah n O WNW Bayou Q Wh1P �� Deep Space to () Jungle i•11 A . Uprights e.onze s Plastic HDPE Decks Light DGaNn Gay ,^•n Brown Green Uprights meow." Malibu O 0 Metal Emerald Ye"°"" I, Metal HDPE h Y""w Honeysucideo () Passion Fruit Uprights wrote Whimsy O 7.7.h 4- 0 U CL O d 0 E w w cn 0 U c m c a� d 0 c 0 L a a@ 0 a m 3 0 0 m c d E w r Q Packet Pg. 235 GameTime C/O Great Western Recreation Ga�i0121 leTime Fort Pay, AL 35967 Office:135-245-5055 Fax:435-245-5057 • `=,LA. CORE C­� , www.gwpark.com Meadowdale Playfield Playground Option 3 City of Lynnwood Attn: Eric Peterson 20522 60th Ave W Lynnwood, WA 98036 Phone: 425-670-5595 epeterson@lynnwoodwa.org 05/ Quote # 105669-01-03 Ship to Zip 98037 Playground Equipment 1 RDU GameTime - Custom 5-12 Inclusive Play Structure- $109,762.00 $73,832.43 $73,832.43 *Reference Drawing 105669-01-Opt 3 1 6263 GameTime - Inclusive Whirl - Natural $13,999.00 $13,579.03 $13,579.03 1 14928 GameTime - NDS Inclusive Play Sign Package 1 5179 GameTime - Welcome Sign (5-12) $561.00 $493.68 $493.68 Swing Equipment 1 5056 GameTime - Arch Swing $7,296.00 $6,128.64 $6,128.64 1 5151 GameTime - Pt Solo Swing Frame 3 1/2" X 8' $1,365.00 $1,324.05 $1,324.05 1 8537 GameTime - Adaptive Swing W/Chain $419.00 $368.72 $368.72 1 8696 GameTime - Encl Seat 3 1/2"(8696) $359.00 $301.56 $301.56 2 8910 GameTime - Belt Seat 3 1/2"Od(8910) $288.00 $241.92 $483.84 1 5158 GameTime - Express Swing W/Todd Seat 3 1/2"X8' $1,783.00 $1,497.72 $1,497.72 1 17247 GameTime - Adaptive Swing Safety Belt $155.00 $130.20 $130.20 2 18826 GameTime - Primetime Swing 3 1/2" X 8' $1,416.00 $1,373.52 $2,747.04 6630 PIP GT-Impax - 6630 SF Provide and Install of PIP- $33.12 $27.16 $180,070.80 6630 Total Sq Ft, 8' CFH Includes 50/50 std epdm and black - tbd Includes TTA pads at 3 swing inserts 4x8, 1 swing insert 4x4, 3 slide inserts 4x4 Aromatic Binder, Prevailing Wages 1 SECURITY GT-Impax - Site Security- $3,902.00 $3,902.00 $3,902.00 Prevailing Wages 1 INSTALL Install - Receive and Unload Equipment- $2,880.00 $2,880.00 $2,880.00 Prevailing Wages 1 INSTALL Install - Remove and Dispose of Existing Equipment, Concrete Footers- $6,910.00 $6,910.00 $6,910.00 Prevailing Wages 1 INSTALL Install - Installation of Equipment- $93,955.00 $93,955.00 $93,955.00 Prevailing Wages 1 INSTALL Install - Excavate and Dispose of Dirt, Import and Compact Rock, Install 115 ft of 6 ft $14,970.00 $14,970.00 $14,970.00 Wide Concrete Path - Prevailing Wages 1 INSTALL Install - Prep 4 Inches Subbase for Playground and Swing Pits- $4,030.00 $4,030.00 $4,030.00 Prevailing Wages 1 INSTALL Install-Dumpster for Trash- $1,155.00 $1,155.00 $1,155.00 Prevailing Wages Page 1 of 5 OMNIA Q P A R T Packet Pg. 236 GameTime C/O Great Western Recreation Ga�i0121 leTime Fort Pay, AL 35967 Office:135-245-5055 Fax:435-245-5057 • `=,LA. CORE C——, www.gwpark.com Meadowdale Playfield Playground Option 3 05/ Quote # 105669-01-03 1 INSTALL Install - Excavate and Dispose of Dirt and Sod for Swing Pit 255 LF- $9,215.00 $9,215.00 $9,215.00 Prevailing Wages 1 INSTALL Install - Pour 12 Inch Concrete Border for Swing Pit- $12,670.00 $12,670.00 $12,670.00 Prevailing Wages Contract: OMNIA #2017001134 Sub Total $430,644.71 Material Surcharge $19,833.60 Freight $8,000.00 Tax $48,598.70 Comments Your Sales Rep is Quinn Connell. Please reach out to Quinn at 435-901-9544 if you should have any questions regarding this quote. Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. "Material Surcharge reflects raw material price increase" Shipping to Site Address: 16700 66th Ave W Lynnwood, WA 98037 'Freight charges are based on listed zip code and are subject to change if shipping information changes. Customer is responsible for offloading. Prevailing Wages OMNIA # 5157328 Page 2 of 5 OMNIA Q P A R T Packet Pg. 237 CGameTimer • `=,LA. CORE c­, GameTime C/O Great Western Recreation P.O. Box 680121 Fort Payne, AL 35967 Office:135-245-5055 Fax:435-245-5057 www.gwpark.com Meadowdale Playfield Playground Option 3 Remit Payment to: GameTime P.O. Box 680121 Fort Payne, AL 35968 Taxes: All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided. If sales tax exempt, you must provide a copy of certificate to be considered exempt. Prices: FOB Factory. 05/ Quote # 105669-01-03 Orders: All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime. Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed. Equipment, Taxes & Freight as noted above Installation and Surfacing billed as completed and Due Upon Receipt. Terms: Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount. Payment via credit card: If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check, ACH or Wire without any additional fees. Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require: Completed Project Information Sheet (if applicable) Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices. Retainage not accepted. Orders under $5,000 require payment with order. INSTALLATION CONDITIONS: • ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. • STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation. • FOOTER EXCAVATION: Installation pricing is based on Tooter excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost. • UTILITIES: Owner is responsible for locating any private utilities. • ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change. Page 3 of 5 OMNIA Q P A R T Packet Pg. 238 GameTime C/O Great Western Recreation Ga�iP.O. Box 680121 leTime Fort Payne, AL 35967 Office:135-245-5055 Fax:435-245-5057 • `=,LA. CORE C——, www.gwpark.com Meadowdale Playfield Playground Option 3 ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By (printed): Telephone: Title: Fax: P.O. Number: Date: Purchase Amount: $507,077.01 SALES TAX EXEMPTION CERTIFICATE (PLEASE PROVIDE A COPY OF CERTIFICATE) Salesperson's Signature Customer Signature DIR Project # (California only) F Page 4 of 5 05/ Quote # 105669-01-03 OMNIA Q P A R T Packet Pg. 239 GameTime C/O Great Western Recreation Ga�iP.O. Box 680121 leTime Fort Payne, AL 35967 Office:135-245-5055 Fax:435-245-5057 • `=,LA. CORE C­� , www.gwpark.com Meadowdale Playfield Playground Option 3 Customer Order Info: BILLING INFORMATION: Bill to: Contact: Address: Address: City, State: Zip: Tel: Fax: E-mail SHIPPING INFORMATION (IF DIFFERENT FROM ABOVE)_ Ship to: Contact: Address: Address: City, State: Zip: Tel: Fax: E-mail: Page 5 of 5 05/ Quote # 105669-01-03 OMNIA Q P A R T Packet Pg. 240 8.1 City Council Agenda Item Meeting Date: 11/21/2023 Resolution thanking Dave Teitzel for Service on the City Council Staff Lead: Council Department: City Council Preparer: Beckie Peterson Background/History It has been customary to adopt a resolution thanking Councilmembers for their service at the end of their term. Staff Recommendation Adopt a resolution thanking Councilmember Teitzel for his dedication and service. Narrative A resolution will be presented to Councilmember Teitzel. Attachments: Resolution Thanking Councilmember Dave Teitzel Packet Pg. 241 8.1.a RESOLUTION NO. A RESOLUTION OF THE EDMONDS CITY COUNCIL THANKING COUNCILMEMBER DAVE TEITZEL FOR HIS SERVICE TO THE EDMONDS CITY COUNCIL WHEREAS, Dave Teitzel was elected to serve as a Councilmember from 2016 to 2019, and was then appointed to the City Council in September 2022 to fill the position vacated by Kristiana Johnson;and WHEREAS, during both tenures, Councilmember Teitzel represented the city with the concerns of Edmonds citizens' best interest in mind, working and communicating with City staff, community leaders and other elected officials; and WHEREAS, Councilmember Teitzel approached his duties diligently, apprising himself of all the facts and ensuring that the Council as a body had all the relevant information needed to make informed decisions; and WHEREAS, Dave Teitzel has reflected well on the Council and the City with his agreeable demeanor and professional discourse, and support mentoring and advising new elected officials; and WHEREAS, Councilmember Teitzel diligently led efforts supporting Council to evaluate our legal services provider, analyze options for Edmonds legal needs, assess comparative data, and finalize a new legal services contract; and WHEREAS, Councilmember Teitzel took diversity, equity, inclusion and accessibility to heart in encouraging qualified individuals of all backgrounds to run for office; and WHEREAS, Councilmember Teitzel has navigated the city's complicated and stressed financial systems with strong financial skills and insights during these after-COVID years; and WHEREAS, while serving on this short Council term, Councilmember Teitzel was involved with many committees and commissions on behalf of the City of Edmonds including: • Parks and Public Works Committee, Chair • Diversity, Equity, Inclusion and Accessibility Commission • Port of Edmonds • Historical Preservation Commission • Public Facilities District Board • SnoCom9l l NOW THEREFORE BE IT RESOLVED that Councilmember Dave Teitzel be applauded and thanked for admirably serving twice on the City Council. The Council looks forward to his continued dedication and service to the citizens of Edmonds. Packet Pg. 242 8.1.a RESOLVED this 2 1 " day of November 2023. CITY OF EDMONDS MAYOR, MIKE NELSON ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Pg. 243 8.2 City Council Agenda Item Meeting Date: 11/21/2023 Planning Board Recommendation on Comprehensive Plan Vision Statement Staff Lead: Susan McLaughlin Department: Planning Division Preparer: Michael Clugston Background/History The City of Edmonds kicked off a robust community visioning process for the Comprehensive Plan update with a six -week themed outreach campaign over the summer 2022. Over 8,500 comments were received via survey, email and in person commentary throughout the process, which included a range of activities in different areas throughout the City. After the six week engagement period, City staff drafted a community vision statement directly from the initial 8,500 comments with the intent to authentically represent the collective view and to remain inclusive and representative. In September 2023, Council passed Resolution 1529 (attachment 1), tasking the Planning Board to engage in further review of the draft Comprehensive Plan vision statement. On November 8, 2023 Planning Board suggested minor modifications to the vision statement, which was unanimously support in their motion to forward the alternative vision statement to Council for consideration by November 30, 2023. Staff Recommendation Staff recommends that Council review and approve the Planning Board's recommended revised community vision statement. Narrative The Planning Board's recommendation on the Comprehensive Plan vision statement is included as Attachment 2. Minutes from the October 11 and November 8 meetings where the statement was discussed are Attachments 3 and 4. Attachments: Attachment 1 - Resolution 1529 Attachment 2 - Planning Board recommendation to Council Attachment 3 - October 11, 2023 Planning Board minutes Attachment 4- November 8, 2023 Planning Board minutes Packet Pg. 244 8.2.a RESOLUTION NO. 1529 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON FOR FINALIZING THE CITY OF EDMONDS 2024 COMPREHENSIVE PLAN VISION STATEMENT WHEREAS, a Vision Statement is a legislative policy; and WHEREAS, the Council is the legislative branch of government with the authority to set policy; and WHEREAS, a State requirement does not require a Vision Statement to be part of the Comprehensive Plan; and WHEREAS, much outreach was done to gather inputs on the community vision; and WHEREAS, data was collected in a fair and representative way during this outreach; and WHEREAS, the Administration, Council, and public all want to honor the inputs and have a Vision Statement for the 2024 Comprehensive Plan update process that represents those inputs; and WHEREAS, the Council is dissatisfied that an ambiguous term in the Vision Statement was not defined in the initial validation survey issued; and WHEREAS, the validation survey of the public as to whether the City got the Vision Statement right generated only 150 responses, and those were evenly split 5 1 % "yes" to 49% "no"; and WHEREAS, the community provided more validation input in a public hearing on August 2, 2023 and in other input processes since concerning how the vision statement could be edited to better represent the inputs from the community engagement; and WHEREAS, the Council wants to make sure the community's true values and vision are guiding our 2024 Comprehensive Plan process by ensuring the vision statement accurately reflects the citizen input submitted, and reflects the best iterative process, rather than finalized with first draft; THEREFORE, BE IT RESOLVED: 1. That the vision statement validation inputs (from the August 2, 2023 public hearing and other) be considered by staff for best representation of the original data collected, and then the staff s second draft, modified or not from the first, be sent to the Planning Board and Council as soon as possible, but not later than October 11, 2023. 2. That the word cloud, Edmonds Visioning Survey results, the original draft vision statement, and the Bloom revision of the draft vision statement will be provided to the Packet Pg. 245 8.2.a Planning Board in their board packet, as soon as possible, but not later than October 11, 2023. 3. That the Planning Board will provide feedback and recommendations to the City Council about which of the versions to adopt ("as is" or with suggested revisions) as soon as possible, but not later than November 30, 2023. 4. That the revised draft Vision Statement will then come to Council for approval, and 5. That the Council will approve and make final the 2024 Edmonds Comprehensive Plan Update Vision Statement as soon as possible, but no later than the last Council meeting of 2023, for the purposes of guiding the 2024 Comprehensive Plan update work by the staff, consultants, and any other parties guiding or leading the update process. RESOLVED this 51h day of September 2023. CITY OF EDMONDS Jr MAYOR, MIKE NELSOI ATTEST: C CLERK, C ASSEY FILED WITH THE CITY CLERK: September 1, 2023 PASSED BY THE CITY COUNCIL: September 5, 2023 RESOLUTION NO. 1529 Packet Pg. 246 8.2.b ►OFPLME To: Edmonds City Council From: Judi Gladstone, Planning Board Chair Date: November 16, 2023 City staff developed a vision statement for the 2024 Comprehensive Plan (Comp Plan) Update after conducting a community engagement process. In September 2023, Council passed Resolution 1529, tasking the Planning Board to review the draft Comp Plan vision statement and provide a recommendation to Council by November 30, 2023, which could include recommending the statement as -is or a revised statement. Discussion by the Planning Board at the October 11 meeting resulted in a subcommittee being created to bring a recommendation for a revised vision statement to consider by the November 8 meeting. The goal was to honor the community input while making it more of a vision statement rather than a values statement. The subcommittee offered a statement that aligned with what a vision statement is: forward - thinking, aspirational, concise, and clearly communicated to create a picture of what we want the city to be. The proposed revisions still use the most common words from the community input, although in a slightly different structure that better aligns with what a vision statement is intended to do. The subcommittee offered the following for Planning Board discussion: "Edmonds is a welcoming city that has a small town feel offering outstanding quality of life for all with vibrant and diverse neighborhoods, safe streets, parks, and a thriving arts scene shaped in a way to promote healthy lifestyles, climate resiliency, and the natural beauty of our community." Board members discussed the public comment received and input from the student representative. That discussion considered two concepts. The first concept discussed was "small town feel." While those are words that emerged from the community input, Planning Board members agreed that they could be misconstrued. For that reason, Planning Board members thought it best not to include them. The second concept discussed was the importance of "access to" the natural beauty of our community. That concept seemed important to be clear what it was that the community was seeking, so the Planning Board members agreed to include this in the vision statement. The discussion resulted in the unanimous recommendation to the Council to approve the following vision statement for the 2024 Comp Plan Update: "Edmonds is a welcoming city offering outstanding quality of life for all with vibrant and diverse neighborhoods, safe streets, parks, and a thriving arts scene shaped in a way to promote healthy lifestyles, climate resiliency, and access to the natural beauty of our community." Packet Pg. 247 8.2.c the Council President, and they got off to a bumpy start. They just had their first meeting two weeks ago. They anticipate keeping the advisory group going until final decisions are made on the property. Vice Chair Tragus- Campbell suggested adding a section to the agenda for an advisory board report out. Board Member Maxwell said it is somewhat important to acknowledge that the success of the Civic Park indicates that they have some talent at creating public spaces which matters. Based on other public spaces in the City, it is very promising that it would work out well. Board Member Martini concurred and added that the accessibility for the new Civic Park is amazing. B. Comprehensive Plan Vision Statement Review Vice Chair Tragus-Campbell said the City Council requested that the Planning Board review the original vision statement and associated word cloud and make a recommendation to the Council by November 30. Director McLaughlin provided some background on the Comprehensive Plan branding process and the six -week targeted public outreach process. Throughout the process, 8500 comments were received and categorized. From this, a draft vision statement was created along with a graphic illustration of the process. The statement was put through a multilingual review process to make sure that words weren't misinterpreted or not understood by different languages. 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. A survey was put in the city newsletter to see if they generally got the statement right. 51 % of those who responded were supportive of the statement. 49% were not. Director McLaughlin reviewed how each of the phrases correspond to the most commonly used words. She explained that Council had specific concerns about the phrase "healthy streets". While "healthy" was not a word that was necessarily represented, staff thought it did represent the other words used such as walkability, green, biking, pedestrian, kids, etc. She summarized the Council resolution as previously discussed by Vice Chair Tragus-Campbell with the request that Planning Board provide feedback and recommendations to the City Council about which of the versions to adopt ("as is" or with suggested revisions) as soon as possible. Director McLaughlin stated she is confident in their process and believes that the draft community vision statement is representative of the comments. She thinks if they have to revisit the statement for an extended period of time, they risk delaying the plan itself. She pointed out that the State does not require a vision statement to be part of the comprehensive plan for the Growth Management Act. It was something staff wanted to use to energize people around in high level conversation. They did that and were able to categorize key themes to be used moving forward. If the Board wishes to advance another version, staff recommend striking the word "healthy" and just keeping it to "safe streets". Discussion: Board Member Mitchell pointed out that the Council wouldn't have drafted the resolution if they were happy with it. He assumed they wanted the Board to revise it. Vice Chair Tragus-Campbell concurred. Board Member Mitchell said he didn't like how the resolution was drafted in the first place, pinning the original draft vision statement to the Bloom version. A more appropriate resolution would have been to send it to a steering committee of some kind to evaluate the data, come up with two versions, and bring those two versions to the Planning Board Meeting Minutes October 11, 2023 Page 6 of 8 Packet Pg. 248 8.2.c Planning Board. It seems like a step was missed in the process engagement by just picking Ms. Bloom's version. He suggested making the revisions to the original statement rather than just sending one or the other back. Board Member Maxwell thought that Director McLaughlin's approach was reasonable rather than jumping to rewriting the vision statement. Vice Chair Tragus Campbell asked the Board if they wanted to tackle any sort of revision or if they support going with the staff recommendation of just moving forward. Chair Gladstone recalled they had discussed the vision statement earlier in the year and that there was a general feeling that it wasn't really a vision statement; instead, it was more of a statement of values. She thought that the phrases in the vision statement were fair representations of the comments they received. In her mind, it would be improved by voicing it as a vision statement and not a value statement, but she didn't know if this was what Council had in mind. She thinks to go without a value statement is going to plague the process of the comprehensive plan with various residents. She recommended spending time on this at a different meeting to try to coalesce around a vision statement that contains most of the concepts here. Board Member Golembiewski said she thinks this vision statement is very close to acceptable. She thinks it accurately reflects the comments received. She thinks it could be as simple as, "Edmonds strives to be a welcoming city ..." She agrees that the word "healthy" associated with streets is a little weird although she understands the thought process behind it. Health is something they value as far as being an active, healthy community that takes pride in outdoor spaces and walkability and things like that. Board Member Kuehn agreed with Chair Gladstone that this seems more like a statement of values rather than a vision statement. He also agreed that it was very close and could use some tweaking to voice it as a vision statement. He would like to tweak it at a future meeting and send a recommendation to Council. Board Member Martini expressed concern about kicking this down the road. She recommended establishing a timeframe in which to finish this. Student Representative Distelhorst said she was surprised they were still talking about the vision statement. She doesn't understand why this has taken so long. Vice Chair Tragus-Campbell recommended forming another subcommittee. Director McLaughlin commented that staff would want to be part of that to make sure that all those statements are taken into account. The translation issue is also very important. They do not have any consultant funding at all for this right now. Board Member Kuehn thought that if they just tweak some of the wording to make it a vision statement, but don't change the message, it could be good enough. It wouldn't need to be anything that changes from the word cloud. Director McLaughlin explained it was intended to be written in the present tense as if you were already in the future. Board Member Golembiewski asked if they could just call it a value statement since a vision statement isn't a required element of the comprehensive plan. Board Member Kuehn said he recommended that months ago. Planning Board Meeting Minutes October 11, 2023 Page 7 of 8 Packet Pg. 249 8.2.c MOTION MADE BY BOARD MEMBER MARTINI TO DECLARE THIS TO BE A VALUE STATEMENT INSTEAD OF A VISION STATEMENT AND THAT THE PLANNING BOARD CONSTRUCT MINOR MODIFICATIONS TO IT AT THE NEXT PLANNING BOARD MEETING. THE MOTION DIED FOR LACK OF A SECOND. MOTION MADE BY CHAIR GLADSTONE, SECONDED BY BOARD MEMBER KUEHN, THAT THEY WORK WITH STAFF TO TWEAK THIS AND COME BACK TO THE PLANNING BOARD NO LATER THAN TWO MEETINGS FROM NOW. MOTION PASSED UNANIMOUSLY. PLANNING BOARD EXTENDED AGENDA There will be a tree code update at the next meeting. There will also be a discussion or recommendation on the Critical Aquifer Recharge Zone and a comprehensive plan discussion. Highway 99 community renewal program update is being removed from the 25th. If there are any comments regarding the Parks, Recreation & Human Services Department - 2023 Q3 Accomplishments, they should be sent to Director Feser. PLANNING BOARD CHAIR COMMENTS Chair Gladstone said it was nice to see Director McLaughlin at the meeting. She thanked Ms. Powers for filling in for Mike Clugston. PLANNING BOARD MEMBER COMMENTS Vice Chair Tragus-Campbell thanked everyone for their participation. ADJOURNMENT: The meeting was adjourned at 9:17 p.m. Planning Board Meeting Minutes October 11, 2023 Page 8 of 8 Packet Pg. 250 8.2.d • Prior to the 2017 up zone, the Census Tract 509 was already designated as an area with a moderate risk of displacement. It is a historically disadvantaged community which has gotten worse in terms of what people are making versus what it costs to live there. The bubbles overlying the transit places to up zone are the exact same locations that would trigger the other part of that House Bill around anti -displacement strategies. How are the anti -displacement strategies for that community going to be developed. Director McLaughlin replied this is something that is high on their radar but it is too early to be able to answer it. The group recessed for five minutes from 8:53 to 8:57 p.m. while the Economic Development Commission members left the meeting. UNFINISHED BUSINESS A. Comprehensive Plan Vision Statement Review Director McLaughlin thanked the subcommittee for taking a look at this. She commented that they honored the commonly used words while modifying it modestly so it is still consistent with community feedback. She spoke to the importance of acknowledging Student Representative Distelhort's concerns. Chair Gladstone explained that unfortunately Student Rep. Distelhorst was not able to participate in the discussion. In order to do this in a timely fashion they had to do it via email. She presented a draft to the group which attempts to convert this from a part vision/part value statement to a vision statement. She thinks that a vision statement is important for the Comprehensive Plan because the community is expecting it and because it sets the stage for policy to come. A vision statement should be forward thinking and aspirational. She reviewed the process taken to convert the statement to a vision statement encompassing the responses from the engagement survey. She invited discussion regarding Student Representative Distelhort's concerns about "small town feel" conjuring up something of the past and not of the future. Chair Gladstone explained that "small town feel" was included because it had 211 hits in the community responses. There was also a comment from Ron Eber mentioning access to natural beauty, and not just the fact that it exists. Board Member Maxwell said he thought he understood what people meant by "small town feel" but Student Representative Distelhorst's comment made it clear that there are other interpretations. She is concerned that a small town could become synonymous with suburban. To him it is related to grid streets, easy walkability, and short buildings not more than three stories tall. Board Member Golembiewski agreed but noted that it is hyper -focused on the bowl. Using it to describe Edmonds as a whole, and so early in the vision statement, re-emphasizes that the bowl is where they are focusing their priorities. She thought it would be inaccurate to list "small town" in the vision statement for Edmonds as a whole. Chair Gladstone said she felt comfortable having it in there because it relates to the walkability, the interconnectedness, and the shorter buildings. She lives near Highway 99 and isn't sure that having 75-foot buildings everywhere is what they want to aim for either. She was fine with striking it but noted that if they tried to put something else in there, they would be moving away from reflecting some of the language in the responses. Planning Board Meeting Minutes November 8, 2023 Page 5 of 7 Packet Pg. 251 8.2.d Board Member Kuehn expressed appreciation for Board Member Distelhorst's comments. He noted that "small town feel" was something that was continuously brought up in the responses. He thinks this is more a character of the city itself and a lot of the neighborhoods or communities. A lot of areas within the city have characteristics of their own that have that kind of feel. Also, a lot of people are drawn to Edmonds because of that small town feel within it. He doesn't want to get away from that characteristic because it is one of the things they consistently heard from the respondents. Board Member Mitchell commented that from an urban planning perspective, they could still plan from that term. It could mean things like smaller streets, larger public realms, etc. You can still have a small town feel in a densified area. Director McLaughlin commented that the phrase might be challenging for non-English speakers. She also thought that the fact that people need to explain what they mean by it also raises some concerns. Board Member Nutsch commented that what it seemed like they were trying to get at is that Edmonds is a place you want to live and where you want to be, not just where you have your address. Chair Gladstone asked if there was any other word they would want to include if they drop that phrase. There was agreement to strike the phrase, "that has a small town feel". Chair Gladstone asked for feedback about the suggestion to include "access to" the natural beauty of the community. There was general agreement to include this. She read the revised proposed vision statement as follows: Edmonds is a welcoming city offering outstanding quality of life for all with vibrant and diverse neighborhoods, safe streets, parks, and a thriving art scene, shaped in a way to promote healthy lifestyles, climate resiliency, and access to the natural beauty of our community. MOTION MADE BY BOARD MEMBER MITCHELL, SECONDED BY BOARD MEMBER MAXWELL, TO RECOMMEND THE ALTERNATIVE VISION STATEMENT AS READ TO THE CITY COUNCIL. MOTION PASSED UNANIMOUSLY. PLANNING BOARD EXTENDED AGENDA • November 29 meeting - Private property tree code recommendations from the work group, CARA public hearing, and introduction of detached ADUs. • The December 5 City Council meeting report will be pushed out to January because of the City Council schedule. • December 13 meeting — Detached Accessory Dwelling Units. • Some adjustments will need to be made to the extended agenda for everything beyond November 29. • Chair Gladstone requested more specificity as they move forward on which elements of the Comp Plan will be addressed and when they will be addressed. Director McLaughlin agreed. • Commissioner Maxwell asked about the process of making land use changes that are reflected in the Comprehensive Plan. Director Mclaughlin explained that the Comprehensive Plan is first adopted and that leads code development. Subsequent to adoption of the Comprehensive Plan, staff will work to Planning Board Meeting Minutes November 8, 2023 Page 6 of 7 Packet Pg. 252 8.3 City Council Agenda Item Meeting Date: 11/21/2023 Replenishment Report Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History The Council adopted a Fund Balance Reserve Policy in July of 2019. Articles III and IV of the policy state that "If any use of the committed Contingent Reserve has occurred, the Finance Director must present to Mayor and City Council an annual Replenishment Report during the month of November." Staff Recommendation No recommendation; discussion only. Narrative Articles III and IV of the Fund Balance Reserve Policy state that "If any use of the committed Contingent Reserve has occurred, the Finance Director must present to Mayor and City Council an annual Replenishment Report during the month of November." Staff will provide this replenishment report tonight. Attachments: Replenishment Report November 2023 Packet Pg. 253 Replenishment Report In accordance with the Fund Balance Reserve Policy, adopted July, 2019 November 21, 2023 pF EDM U,,-k Packet Pg. 254 Replenishment Report Introduction - What is this report tonight? Fund Balance Reserve Policy Article III - If any use of the General Fund Operating Reserve has occurred, the Finance Director must present to Mayor and City Council an annual Replenishment Report during the month of November. The Replenishment Report must be presented each year, until the reserves are fully replenished. The Replenishment Report must include the following information: `A OF EDMD�O � N Packet Pg. 255 O CL Replenishment Report 1) Amount of Reserves used 2) Whether it is anticipated additional Reserves will be needed in the following budget cycle, or 3) If no additional Reserves are needed, then the Replenishment Report must include a plan for replenishing the Reserve to policy mandated levels. `A OF EDMD�O � N Packet Pg. 256 O CL E Replenishment Report The Replenishment Report must include the following information: 1) Amount of Reserves used Citing the information provided in the September quarterly report, our current estimate shows that end ofyear fund balance will be about $3,047,446. The amount currently required by policy is $8,067,160, which means we are estimated to have used 62% of the General Fund Operating Reserve by December 31, 2023. `A OF EDMD�O � N Packet Pg. 257 O CL E Replenishment Report The Replenishment Report must include the following information: 2) Whether it is anticipated additional Reserves will be needed in the following budget cycle Based on the actions taken by Council last week to remove significant revenues from the Proposed Budget, we do anticipate that the use of General Fund Operating Reserves will be required in the 2024 budget cycle. `A OF EDMD�O � N Packet Pg. 258 O CL E Replenishment Report The Replenishment Report must include the following information: 3) If no additional Reserves are needed, then the Replenishment Report must include a plan for replenishing the Reserve to policy mandated levels. See the Budgetary Plan included in a later slide. `A OF EDMD�O � N Packet Pg. 259 O CL E Replenishment Report r- 0 CL Article III also states: "If the reserve is drawn down by 26-50% of the reserve fund balance, then N 0 a budgetary plan shall be implemented to return the reserve level to " between 75% and 100% of the minimum balance over a 5 to 7 year Z period" (Note the specific usage of the term "budgetary plan") Q To be clear, we are not required to bring the reserve balance back to 100% of policy requirements immediately; rather we are supposed to implement a budgetary plan that would accomplish that within 5 to 7 years. `A OF EDMAI D�O � N Packet Pg. 260 Budgetary Plan 0 "If the reserve is drawn down by 26-50% of the reserve fund balance, then a budgetary plan shall be implemented to return the reserve level to between 75% and 100% of the minimum balance over a 5 to 7 year period." M The budgetary plan presented by the Administration was included in the Proposed Budget, and included a combination of 1) increasing property taxes by the allowable 1%plus recapturing banked capacity, 2) transferring $6.5 million of ARPA money to the General Fund, 3) transferring $2.0 million from Fund 016 to the General Fund, and 4) installing red light cameras to both improve public and pedestrian safety as well as increase infractions revenue. If taken by Council, these four actions would bring the General Fund Operating;°�E°Moro . N Reserve back into full compliance with Policy by December 31, 2024. Packet Pg. 261 Replenishment Report - Recap The Replenishment Report must include the following information: 1) Amount of Reserves used -Estimated amount for 2023 was provided. 2) Whether it is anticipated additional Reserves will be needed in the following budget cycle - It is currently anticipated that Reserves will be needed in the 2024 budget cycle. 3) If no additional Reserves are needed, then the Replenishment Report must include a plan for replenishing the Reserve to policy mandated levels -The Budgetary Plan created by the Administration and included in the 2024 Proposed Budget was provided. `A OF Eb4f C. N Packet Pg. 262 O CL E This concludes tonight's Replenishment Report. Thank you. Packet Pg. 263 8.4 City Council Agenda Item Meeting Date: 11/21/2023 Third Quarter financial update to Council Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History Tonight's presentation is intended to be a brief financial update to Council on the City's finances through the third quarter of 2023. Staff Recommendation Presentation only, no recommendation. Narrative N/A Attachments: Quarterly Report November 21 Packet Pg. 264 2023 Third Quarter Financial Update and end of year projection iiiglK QUA REPORT x November 21, 2023 EDMD�O cP Q Packet Pg. 265 Some items to note % of the way through the year are: • Sales Tax revenue is up $280,697 from this point last year, which is 3.4% higher than this time last year, and behind budget by $102,571. • Property Tax revenues are up $279,507, which coincidentally is also 3.4% higher than this time last year. • Sales Tax and Property Tax combined make up over 50% of General Fund Revenues. With inflation ranging between 4% to nearly 10% over the last three years, our general fund revenues are significantly lagging behind inflation. • Interest revenues are up $435,097 from this point last year, a 57% improvement. `A OF EDMD�O Packet Pg. 266 Year-to-date Revenues in the General Fund for the 9 months ended September 30 are $1,023,859 under budget (2.95%) If this holds true through the end of the year, the ending GF Revenue for 2023 O would be $51,008,345 ($52,558,830 X 97.05%) General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast ActuaIs % January $ 2,843,094 February 5,636,382 March 8,487,993 April 12,010, 212 May 22,451,612 June 25,498,180 July 28,462,795 August 31,857,014 September 34,651,707 October 39,245,890 November 49,438,148 December 52,558,830 $ 2,843,094 $ 2,320,252 -18.39% 2,793,288 4,920,100 -12.71% 2,851,611 8,150,445 -3.98% 3,522,219 16,689,365 38.96% 10,441,400 21,615,550 -3.72% 3,046,568 23,772,230 -6.77% 2,964,616 27,008,084 -5.11% 3,394,219 30,494,023 -4.28% 2,794,693 33,627,848 -2.95% 4,594,183 10,192,259 3,120,682 2 c ii Ge ne rat Fund L a� � a L ».000,000 50.000.000 N 45.000.000 40.000.000 E 'o 35.000.000 z 30.000.000 0 25.000,000 - 20.000.000 15.000-000 a� 10.000.000 3 a 5.000.000 E 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC a Current Year -Budget Prior Year ' Packet Pg. 267 Year-to-date Expenses in the General Fund for the 9 months ended September 30 are $2,982,210 under budget (6.42%) If this holds true through the end of the year, the ending GF Expenses for 2023 would be $59,863,832 ($63,970,754 X 93.58%) General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 6,137,826 February 11,064,571 March 15,921,618 April 20,583,943 May 25,612,342 June 31,411,865 July 36,363,006 August 41,130,318 September 46,432,507 October 51,692,989 November 57,566,174 December 63,970,754 Gene in 1 Fimd 65 ,000,000 S 6,137,826 54,868,760 -20.68% 60,000,000 4,926,745 10,063,682 -9.05% ?5,000,000 - 0.000.000 4,857,047 14,793,075 -7.09% -35 ,000,000 4,662,325 18,985,494 -7.77% 40,000.000 - 5,028,399 23,497,459 -8.26% 35,000,000 30,000,000 5,799,523 28,704,022 -8.62% _'5 ,000,000 4,951,141 33,359,621 -8.26% ?0,000,000 - 4,767,313 38,672,822 -5.97% 15,000.000 10.000.000 5,302,189 43,450,297 -6.42% 5,OOQ000 5,260,482 0 1 5,873,185 JAN FEB MAR APR MAY JUN JUL AUG 5EP OCT NOV DEC' 6,404,580 �Cuff ent Year Budget Prior Year O U O CL 2 c ii L c� a s N L aEi O z r O a m 21 d 3 a w c s Q Packet Pg. 268 Year-to-date Real Estate Excise Tax Revenues for the 9 months ended September 30 are $290,386 behind last year, and $967,976 under budget. Slowing development in Edmonds and high interest rates everywhere are negatively affecting Real Estate Purchase/Sale transactions. Real Estate Excise Tax 1 & 2 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 343,196 $ 343,196 $ 151,084 -55.98% February 564,002 220,806 270,799 -51.99% March 914,189 350,187 521,829 -42.92% April 1,199,839 285,649 745,931 -37.83% May 1,552,936 353,097 1,053,507 -32.16% June 1,933,322 380,387 1,272,041 -34.20% July 2,318,897 385,574 1,582,268 -31.77% August 2,728,590 409,693 1,854,598 -32.03% September 3,157,962 429,373 2,189,986 -30.65% October 3,549,820 391,858 November 3,941,307 391,487 December 4,400,000 458,693 Real Estate Excise Tax 1 & 2 .500.000 .000.000 3.500_ C►00 3.000.000 2.500.000 ".000.000 1.500.000 1.000.000 500.000 woe 0 JaN FEB AL-'LR APR �LaI" J -N J -L A G CEP C>CT DEC �Cturent Year -Budget Pnor Year Packet Pg. 269 Conversely, high interest rates everywhere mean that our interest revenue is improving. Our investment portfolio this year will return the highest amount of interest income ever for the city. Annual Interest Income $1,400, 000 $1,200,000 $1,000, 000 $800,000 $600,000 $400,000 $200,000 $1,197,609 OF ED,yo +� YTD 2023 Packet Pg. 270 YTD Sales Tax Revenue for the 9 months ended September 30 are $280,697 (3.4%) ahead of last year, and $102,571 (1.18%) under budget. The Consumer Price Index for the Seattle region over the last 12 months advanced 4.8%. This means that our sales tax growth is lagging 1.4% behind area inflation. The city is going to need to explore new revenue sources just to keep up with inflationary pressures. Sales and t-se Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 911,577 $ 1,999,408 2,854,859 3,643,225 4,624,484 5,567,972 6,580,085 7,669,335 8,683,583 9,768,647 10,864,900 11,900,000 911,577 $ 1,087,831 855,451 788,366 981,259 943,488 1,012,114 1,089,249 1,014,248 1,085,064 1,096,253 1,035,100 879,231 1,908,832 2,781,110 3,621,184 4,607,308 5,538,698 6,542,037 7,597,605 8,581,012 3.55% 4.53% -2.58% -0.60% -0.37% -0.53% -0.58% -0.94% 1.18% Sales and Use 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 NL-kR APR AIRY JUN JUL AUG SEP OCT NOV DEC' Current Year Budget Pnor Year O U O 2 ii d M 3 a N L E a) O z O a m rr 21 Q 3 a c m E s to�N Q Packet Pg. 271 Breakdown by business category of the change in Sales Tax revenue for first three quarters of 2023 compared to first three quarters of 2022 Change hi Sales Tax Revenue: September 2023 compared to September 2022 Total $280 697 Constriction Trade $120 82 Eating & Drinking $92 800 Business Sen-ices 523F2,833 Retail Food Stores $228 Amusement & Recreation ,299 Health & Personal Care Misc Retail 5310,463 Automotive Repair 1$9,241 Retail Automotive S5,631 Conmmnications IS4,333 Manufacturing $3,851 Gasoline ($10) Acconunodation ($1,419 Others ($2,828 N'Vlnolesale Trade ($12,616) Clothing and Accessories ($21,285) ($250.000) $0 $250.000 $500.000 of. ED_4 Packet Pg. 272 Strategic Outlook from the 2024 Proposed Budget Book: Bcl;uuiing Hurl Balance Rc%ce PIoperty Taxes Reran Sales Taxes Other Sales Taxes UtBiy Taxes Other Taxes UcenscsTcmatti'Fmnc hsc Construction Pcrr»ns Grants State Resters Ctrergcs for Goods & Scnlxes Itrtcrlird Servxc Charges Firs & Forfcatres Mscellarrom RctiYnrs TransErs Total Revenues Rc%cn c %Charggc YOY F % nc nditures I. ibof Bcncfb Supplies ScnTtcs Cap[al Debt Scmec Tmmfcrs Total Expenses E Vcmc %' Cbenge YOY Change in Ending Fund Balance Antic4►atod Under-Experdnur finding Fund Balance STRATEGIC OtriLOoK 7 n' OF EDMONDS GENERAL FUND ICI -\ t ! I-S. EXPENDITURES, AND FUND WMANCES 2021 - 202f1 ANALYSIS 2021 2022 2023 2824 2025 2026 2027 2029 .%ctual Actual j0 stintatc B ct Outlook Outlook Outlook Outlook 13A43.806 1S,91S,3 11.902.933 01 6,664594 12,105,000 15.9051000 19.121.000 21.960,000 14,654 572 14.843.369 15.905.100 15,905500 11,490,000 11.006.000 11.734.000 11.863.000 10508,460 11.313,760 12,100.000 12300,000 13,039,000 13.690.000 14-375.000 14,950,000 977.315 1.041,146 1.150.000 1.150,000 1,242,000 1.304.000 1.309.000 1.437.000 6,463,896 6,599,936 7314,500 7.473.652 8,072,000 8.476.000 8,900,000 9,345.000 375,461 410,894 421.550 416.150 441,000 463.000 486.000 510,000 1.761282 1,790.243 1.869,102 1.833.750 1,925.000 2.021.000 2,122,000 2.228,000 691.904; 769,928 390,000 160.000 168.000 176.000 185.000 194,000 368,37h 259,347 1.960.929 6-541.100 200,000 200,000 200.000 200,000 1,240.271 1,107,943 1.188,610 1.163.610 1,187,000 1,211,000 1.235.000 1.260.000 2,792,824 3,020,628 3.903.302 4.093512 3,216,000 3.312.000 3.411.000 3,513,000 3,120,735 - 3.427,765 4.032-314 4,194,000 4.404.000 4.624,000 4,855,000 272.303 182,884 302,350 4.402350 4,946,000 4.995.000 5,045.000 5.095.000 469.739 1,074.351 1582518 1.009.132 1,029,000 1.050.000 1.071.000 1,092,000 413547 26,300 97,726 2.011,701 40,000 40,000 40,000 40,000 44.110.686 42.440.729 51.613.452 62.492.771 51,178.000 52.948000 54.797.000 56,582.000 4% 4% 22% 21% -18% 3% 7% 7% 17.919.401 17,498,086 22.675,683 24,086.455 25,773.000 27.319.000 28.685.000 30,119,000 6.278.943 6,076,441 7.615.630 8.151-355 8,722,000 9,245,000 9,80D,00D 10,388.000 708590 837,672 1.062.576 1.031516 1,002,000 1,094.000 1.127.000 1.161.000 16.145.255 18,736,558 22,701,765 24.703508 13,445.000 13,848,000 14.263,000 14,691,000 268.886 1,597.773 1.130.565 - - - - - 60.228 391,523 323.590 901.400 800,000 800.000 800.000 800.000 657,870 1,315,062 1.341.982 655,000 600,000 600,000 600.000 600,000 42.039.173 46,453.115 56.851,791 59,429 234 50,402,000 52.906,000 55.275.000 57.759.000 -5% 10% 22% 54!'o -15% 5% 4% 4% 2.071513 (4,012.386) (5,238339) 3.063337 776,000 42,000 (478,000) (1,177,000) - - - 2.376.869 3,024,000 3,174,000 3.317.000 3,466,000 159I ¢ z 19 11.902,9 6.664 i94 1 J12.105.000 1 15,90S,000 1 19.121.000 21.960,000 24,249.000 OF EDA f � tiO Q Packet Pg. 273 Be%!innin I urd Balance RC%Cnue PropCrty Taxes Retard Saks Taxes Other Saks Taxes t'tilm Taxes utiri Taxes Licenscs,Pcmtt ftanctasc Constrtrtion Pcmtis Grants Static Rcserucs Charges fix Goods & Scr wes Intcrtuttl Servim Charges Fires & ForEit=s Mocclaneot6 RcNvnucs Transfers Total Revenwes Rc%rmuc % Change YOY V y nC tditures Libor Bcnc fas Supplies Senices Capital Debt Senicc Transfers Total Expenses Exp nsc''o C hanW YOY Change in Erdng Fad Balance Anticipatod Undcr-EVerldrum Eodutg FWad Balance STRATEGIC OUIII)OK Crn' OF EDMONDS GENERAL RIND REYF\ 1 "ES. E.XPENDMIRES, AND FUND BALANCES 2021 - 2029 ANALYSIS 2c12 t 2022 2023 2024 2025 2021. 21127 202K ACtnal Actual Estimate Btalget Outinok Outl(M)k Outkrok OtAlook 13.843,811E 15,9150 11."2.933 6.664,594 12,105,000 15,905.000 19.121,000 21.960.000 14,654 572 14,943,369 15.905.100 15,905,500 11,480,000 11,606.000 11,734,000 11,863,000 10,508,460 11,313,760 12.100.000 12300.000 13,038,000 13.690.000 14.375.000 14.950.000 977.315 1,041,146 1.150.000 1.150.000 1,242,000 1.304.000 1.369.000 1.437,000 6,463,89E 6.599,936 7.314,500 7,473,652 8,072,000 8,476.000 8,900.00D 9.345.000 375.461 410,894 421.550 416,150 441.000 463.000 486.000 510.000 1,761.28_ 1,790.243 1.869.102 1.833,750 1,925,000 2.021.000 2,122,000 2.228.000 691,W 769,928 390.000 160.000 168,000 176.000 185.00D 194,000 368,37E 259,347 1.960.929 6,541.100 200.000 200.000 200.000 200.000 1.240.271 1,107,943 1.188.610 1,163.610 1,187,000 1.211.000 1.235,00D 1260.000 2,792,824 3.020.628 3.903.302 4.093.512 3,216,000 3.312.000 3,411.000 3,513,000 3,120.735 - 3.427.765 4.032.314 4,194.000 4.404.000 4.624.000 4.855.000 272.303 182,884 302.350 4,402.350 4,946,000 4.995.000 5.045.000 5,095.000 469.739 1.074.351 1.582.518 1,0D9,132 1,029,000 1.050.000 1.071.000 1,092,000 413.547 26,300 97,726 2.011,701 40,000 40.000 40.000 40.000 44,110.686 42,440,729 51,613,45, '.492,771 51.178,000 52,94&000 54,797,000 56,582,000 4% -4% 22% -1 % -19% 3° n 7% 7% 17.919,401 17,498.086 22.675.683 24.086.455 25,773,000 27,319,000 28,685.000 30.119.000 G 278,943 6,076,441 7.615.630 8.151.355 8,722,000 9,245.000 9,800.000 10,388.000 708-590 837,672 1.062.576 1.031-516 1,002,000 1.094.000 1.127.000 1,161,000 16,145 255 18,736,558 22.701.765 24.703-508 13,445,000 13.948.000 14.263.000 14.691.000 268.886 1.597.773 1.130,565 - - - - - 60 228 391,523 323,590 801,400 800.000 800.000 800.000 800,000 657.870 1,315,062 1.341.982 655.000 600.000 600.000 600,000 600.000 42.039.173 46,453,115 56,951.791 59.429.234 50,402,000 52.906.000 55.275,000 57,759,000 -5% 10% 22% 5% -155.4 5% 4% 4% 2.071.513 (4,012.386) (5,238.339) 3.063-537 776,000 42.000 (478,00D) (1.177.000) - 2376.969 3,024.00ti 3.174,000 3.317,000 3.466,000 15,9153191 11.902,9 6.6G4 i94 IJ12.10.0011 15,905,1101, 1 19.121.1N1t1 21 90).000 1 24.249,000 Start with original beginning fund balance estimate: $11,902,933 Remove the Revenue and Expense Estimates that were prepared in July Of $51,613,452 and $56,851,791 Replace with updated Revenue and Expense Estimates of $51,008,345 and $59,863,832 Gives you an updated estimate for Ending Fund Balance of $3,047,446 instead of $6,664,594 OF EDM0 .r Q ;Packet Pg. 274 Bel;uuiing Fund Balance Re%enuc PIoperty Taxes Rctail Sales Taxes Other Sales Taxes Util't). Taxes Other Taxes 1-iccrscsTcrrntti'Fmnc hsc Construction Pcrr»ns Grants State Resters Charges for Goods & Scnlxes ltrtcrtird Se vxv Charges Firs & Forkatres Mscellaneots RexYrun TransErs Total Revenues Rc%cn c %Charggc YOY F. % nt' nditures Labor Bcnc6s Supplies ScnTtcs Cap[al Debt Scmec Tnuslicts Total Expenses E Vcmc %' Change YOY Changc in Ending Fund Balance Antic4►atod Urder-Experdnur Finding Fund Balance STRATEGIC OIriLOoK ('ITl' OF EDMONDS GENERAL FUND RE% F ', I ES, EXPENDITURES, AND FIND WMANCES 2021 - 202f1 ANALINIS 2021 2022 2023 2824 2025 2026 2027 2029 %ctual Actual j0 stintatc B ct Outlook Outlook Outlook Outlook 13A43.806 15,915,3 11.902.933 01 6,664 594 12,105,000 15.9051000 19.121.000 21.960,000 14,654 572 14.843.369 15.905.100 15,905500 11,490,000 11.006.000 11.734.000 11.863.000 10508,460 11.313,760 12,100.000 12300,000 13,039,000 13.690.000 14-375.000 14,950,000 977.315 1.041,146 1.150.000 1.150,000 1,242,000 1.304.000 1.309.000 1.437.000 6.463.896 6,599,936 7314,500 7.473.652 8,072,000 8.476.000 8,900,000 9,345.000 375,461 410,894 421.550 416.150 441,000 463.000 486.000 510,000 1,761?82 1,790.243 1.869,102 1.833.750 1,925.000 2.021.000 2,122,000 2.228,000 691.905 769,928 390,0D0 160.000 168.000 176.000 185.000 194,000 368,376 259,347 1.960.929 6-541.100 200,000 200,000 200.000 200,000 1,240.271 1,107,943 1.188,610 1.163.610 1,187,000 1,211,000 1.235.000 1.260.000 2,792.824 3,020,628 3.903.302 4.093512 3,216,000 3.312.000 3.411.000 3,513,000 3.120.735 - 3.427,765 4.032-314 4,194,000 4.404.000 4.624,000 4,855,000 272.303 182,884 302,350 4.402350 4,946,000 4.995.000 5,045.000 5.095.000 469.739 1.074.351 1582518 1.009.132 1,029,000 1.050.000 1.071.000 1,092,000 413547 26,300 97.726 2.011,701 40,000 40,000 40,000 40,000 44.110.686 42.440.729 51.613.452 62.492.771 51,178.000 52.948000 54.797.000 56,582.000 4% 4% 22% 21% -18% 3% 7% 7% 17.919.401 17,498,086 22.675,683 24,086.455 25,773.000 27.319.000 28.685.000 30,119,000 6.278.943 6,076,441 7.615.630 8.151-355 8,722,000 9,245,000 9,80D,00D 10,388.000 708590 837,672 1.062.576 1.031516 1,002,000 1,094.000 1.127.000 1.161.000 16.145.255 18,736,558 22.701,765 24.703508 13,445.000 13,848,000 14.263,000 14,691,000 268.886 1,597.773 1.130.565 - - - - - 60.228 391,523 323.590 901.400 800,000 800.000 800,000 800.000 657,870 1,315,0621 1.341.982 655,000 600,000 600,000 600.000 600,000 42.039.173 46,453.115 56.851,791 59.429 234 50,402,000 52.906,000 55.275.000 57.759.000 -5% 10% 22% 54!'o -15% 5% 4% 4% 2.071513 (4,012.386) (5,238339) 3.063337 776,000 42,000 (478,000) (1,177,000) - - - 2.376.869 3,024,000 3,174,000 3.317.000 3,466,000 15.915 z 19 1 11.902,9 6.664 594 J12.105.000 1 15,905,000 i 19.121.000 21.960,000 1 24.249.000 Updating the estimate for 2023 Ending Fund Balance by $3,617,148 ($6,664,594 minus $3,047,446) carries forward to the 2024 Beginning Fund Balance and should be taken into account during 2024 budget deliberations. After the 2024 budget is formally adopted, the Strategic Outlook will be updated to reflect current estimates for 2023. OF EDM0 Q Packet Pg. 275 Thank you. r N L E 4) i O Z O Q NN4) 1.6 L 3 LJ 8.5 City Council Agenda Item Meeting Date: 11/21/2023 Council 2024 Budget Deliberations Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History On October 2, Mayor Nelson presented the proposed 2024 City Budget. On October 17 and November 6, Council held public hearings on the 2024 budget. Recommendation N/A Narrative City Councilmembers will have discussion on the budget and amendments they would like to consider for the 2024 City Budget. Attachments: DPs from council 11.17.2023 with voting 11.14.2023 Budget amendment costs reductions —Chen by Budget amendment Hwy 99 Police Substation —Chen Budget assumption labor inflation factor amendment_Chen by Budget assumption RFA amendment —Chen by DP 7 amendment teitzel fix DP 8 amendment teitzel DP 14 amendment teitzel DP 18 amendment teitzel fix DP 61 amendment teitzel DP 64 amendment Teitzel DP 83 amendment teitzel DP 87 amendment teitzel Amend DP 56 Buckshnis Amend DP 66 Buckshnis Amend DP 89 Buckshnis Amend DP 96 Buckshnis 11.17.23 NEW Olympic Beach Park Teitzel 2023.11.17 - New Decision Packet -Small Business Grants Packet Pg. 277 Amendments and DPs from Council 8.5.a November 20, 2023 / November 21, 2023 or NEW CM Fund Description DepartmentAmend DP 7 Teitzel GF Remove DP 7 Traffic Cameras Police 5-2 motion carries DP8 Teitzel GF Remove DP 8 Grant Specialist new position CSED 5-2 motion carries DP14 Teitzel GF Remove DP 14 Climate Action Manager new position Planning & Dev 5-2 motion carries DP18 Teitzel GF Remove DP 18 Security and Safety System Facilities *Table 5-2 DP61 Teitzel B fund Remove DP Vehicle replacements Fleet 3-4 motion lost DP64 Teitzel Fund 016 Reduce DP by $65,000 (cost of replacement motorized gate) Bld Maint 5-2 motion carries DP65 Teitzel GF/ Fund 016/ ARPA Reduce 016 Transfer to $0, Reduce ARPA Transfer to $2M Bld Maint/ Budget DP83 Teitzel Fund 125 Remove DP Waterfront Emergency Study Parks Capital Projects motion carries DP87 Teitzel Fund 126 Remove DP 87 Land Acquisition Support Parks Capital Projects 4-3 motion carries NEW Chen GF Reduce 2024 Overall Expenditures Budget NEW Chen ARPA Highway 99 Police Substation Police amend Budget Chen amend Strategic Outlook RFA Assumption Budget amend Budget Chen amend Strategic Outlook Labor Inflation factor Budget DP65 (from dais) Olson Fund 016 Reduce 016 Transfer to GF Bldg Maint motion carries DP56 Buckshnis Remove DP 56 WWTP DP 66 Buckshnis Remove DP66 Street Capital Projects DP89 Buckshnis Remove DP 89 Budget DP96 Buckshnis Remove DP 96 Budget NEW Teitzel REET Add $20,000 for Olympic Park Bathrooms 2024 Parks Capital Projects NEW Nand ARPA Add $250,000 for Small Business Grants CSED c O M a� 0 m O m V N 0 N M N O N r c O t .r 3 M N O N It- 7 r r C 7 O 0 E O L a 0 r c m E .r a Packet Pg. 278 8.5.b Decision Package Budget Report City of Edmonds — City Council New Decision Package - Title: 2024 overall expenditure reduction by $4 million. Amendment Regarding DP#: Date Budget Year Councilmember Duration Approval Status 11/7/2023 2024 Will Chen One Time Pending Item Description The proposed budget for 2024 General Fund Expenditures needs to be reduced by $4 million in order to balance with the budget amendments to reduce revenue from Grants, Fines & Forfeitures, and Transfers from Building Maintenance Fund 016. Justification As declared by Resolution 1532, the city is in a fiscal emergency due to the structural budget imbalance where expenditures outpaced revenues. In addition, the proposed budget revenue from Grants of $6.5 million ARPA, Fines & Forfeitures of $3.5 million from red-light cameras, and Transfers of $2 million from Building Maintenance Fund 016 are not well vetted and may not be supported by Council. It's necessary for the mayor and administration, not Council, to find ways to strategically reduce expenditures by $4 million, approximately 7% of the proposed expenditure. Describe All Funding Sources General Fund 001 Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expediture): Expenditure reduction by $4 million. Protect Status (if Applicable) n/a FISCAL DETAILS Expenditures: Reduction by $4 million Revenues: $0. Net Budget: $4 million. Packet Pg. 279 8.5.c Decision Package Budget Report City of Edmonds — City Council New Decision Package - Title: Establish police substation on Hwy 99 Amendment Regarding DP#: Date Budget Year Councilmember Duration Approval Status 11/5/2023 2024 Will Chen One Time Pending Item Description Establish police substation on Hwy 99 at the 7-11 site. Justification Hwy 99 and Southeast Edmonds continue to be our city's public safety concerns. Over 80% of the crime that occurs in Edmonds happens here. Describe All Funding Sources ARPA funding Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expediture): One time land acquisition costs are estimated to be $2 million. Project Status (if Applicable) n/a FISCAL DETAILS Expenditures: Estimated to be $2 million Revenues: ARPA Net Budget: $0. Packet Pg. 280 8.5.d Decision Package Budget Report City of Edmonds — City Council New Decision Package -Title: Labor expenditure inflation factors of 7% in 2025,6% in 2026, 5% in 2027 and 5% in 2028 should be replaced with 4% assumption for each year. (Strategic Outlook, 2024 Proposed Budget, pg. 16) Amendment Regarding DP#: Date Budget Year Councilmember Duration Approval Status 11/5/2023 2025-2028 Will Chen Ongoing Pending Item Description The staff assumption of labor expenditure inflation factor of 7% in 2025, 6% in 2026, 5% in 2027, and 5% in 2028 should be lowered to 4% in the respective year. lustificatinn The Federal Reserve and other creditable sources expect the federal inflation rate to be around 2.2%. A 4% inflation rate assumption is already being conservative. Describe All Funding Sources General Fund 001 Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expediture): Reduction in expenditure for labor and benefit would be $ $967,678 in 2025, $ $1,695,585 in 2026, and $ $2,221,848 in 2027, and $ $2,793,322 in 2028, respectively. Project Status (if Applicable) n/a FISCAL DETAILS Expenditures: Reduction in expenditure for labor and benefits would be $ $967,678 in 2025, $ $1,695,585 in 2026, and $ $2,221,848 in 2027, and $ $2,793,322 in 2028, respectively. Revenues: n/a Net Budget: Reduction in expenditure for labor and benefit would be $ $967,678 in 2025, $ $1,695,585 in 2026, and $ $2,221,848 in 2027, and $ $2,793,322 in 2028, respectively. Packet Pg. 281 8.5.e Decision Package Budget Report City of Edmonds — City Council New Decision Package - Title: Remove annexation into RFA (Strategic Outlook, 2024 Proposed Budget, page 16) Amendment Regarding DP#: Date Budget Year Councilmember Duration Approval Status 11/5/2023 2025 - 2028 Will Chen Ongoing Pending Item Description The assumption of City of Edmonds being annexed into RFA by 2025 should be removed because this assumption is premature. The associated Property Tax Revenue of $5.6 million and SCF Service Contract Costs of $12 million should be added back to the 2025 budget and the outyears. Justification The contract between the City of Edmonds and South County Fire doesn't end until 2030. The City Council is now studying this issue further to determine what other options may be available to ensure Edmonds residents receive the highest possible level of fire/EMS services at the lowest possible cost. In addition, the costs associated with the special election for RFA annexation are not considered in 2025 proposed budget. Describe All Funding Sources General Fund 001 Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expediture): Property Tax Revenue of $5.6 million SCF Service Contract Costs of $12 million Project Status (if Applicable) n/a FISCAL DETAILS Expenditures: $12 million SCF Service Costs for 2025 Revenues: $5.6 million Property Tax Revenue for 2025 Net Budget: Remaining $6.4 million should be covered by General Fund 001 because Fire Services is one of the most critical public safety services that our city must provide to our residents and businesses. Packet Pg. 282 8.5.f Decision Package Budget Report City of Edmonds — City Council Decision Package: Traffic Cameras Amendment Regarding DP#: 7 Date Budget Year Councilmember Duration Approval Status 11/3/23 2024 Teitzel Ongoing Pending Item Description This DP proposed addition of traffic cameras at six Edmonds intersections where accident rates are higher than normal. Justification Installation of red light cameras purportedly result in a reduction of accidents at busy intersections. However, supporting data shows conflicting results in this regard. In fact, the Redond City Council recently voted to remove all red light cameras that had previously been installed there because the safety benefits were not clear. More research is needed to justify installation of red light cameras in Edmonds to clearly demonstrate the safety benefits. In addition, this DP does not identify additional costs that will result from the addition of personnel in EPD and the Court to process the citations and resultant appeals. Until that research and quantification is completed, this DP should be denied. After all empirical evidence and quantification of revenue and expenses can be quantified (including identification of additional EPD and Court FTEs required to process the citations), this proposal should be reintroduced in 2024 for Council consideration. Describe All Funding Sources Fund 001: Principal Payment/Leases Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expediture): Lease costs: $180,000. Protect Status (if Applicable) n/a FISCAL DETAILS Expenditures : $180,000/year Revenues : $3.5 million/year Net Budget $ $3,320,000/year Packet Pg. 283 8.5.g Decision Package Budget Report City of Edmonds — City Council Decision Package : Grants Specialist Amendment Regarding DP#: 8 Date Budget Year Councilmember Duration Approval Status 11/3/23 2024 Teitzel Ongoing Pending Item Description Adds one FTE for the position of Grants Specialist. This position would be responsible for investigating grant opportunities and writing grants to fund new strategic initiatives and capital projects. Justification This FTE is purported to be able to bring in an incremental amount of grant funding that would more than offset the annual cost of the position (benefits and salaries) While this position is worthy of consideration, this DP should be denied at this time. The city's financial condition is currently uncertain, and adding an FTE adds significant expenditure with an uncertain return. This request should be reevaluated in mid-2024 and brought forward as a mid -year budget amendment for consideration after the city's actual 2024 financial condition becomes more clear. Describe All Fundine Sources Fund 001: General Fund Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expediture): $183,000/year Project Status (if Applicable) NA FISCAL DETAILS Expenditures Revenues Net Budget $183,000/year Packet Pg. 284 8.5.h Decision Package Budget Report City of Edmonds — City Council Decision Package : Climate Action Manager Amendment Regarding DP#: 14 Date Budget Year Councilmember Duration Approval Status 11/3/23 2024 Teitzel Ongoing Pending Item Description Adds one FTE for the position of Climate Action Manager. Justification This FTE is intended to coordinate specific actions to advance the goals of the Climate Action Plan to ensure those goals are met. While this is a worthy proposal, the city's financial condition does not support addition of a new FTE for this purpose at this time at an annual cost of $145,000. This request should be denied. However, this item should be reintroduced in mid-2024 after the city's actual financial condition can be reassessed and considered for approval at that time. Describe All Funding Sources Fund 001: General Fund Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expenditure): $149,623/year Project Status (if Applicable) NA FISCAL DETAILS Expenditures Revenues Net Budget $149,623/year Packet Pg. 285 8.5.i Decision Package Budget Report City of Edmonds — City Council Decision Package : Security and Safety system changes Amendment Regarding DP#: 18 Date Budget Year Councilmember Duration Approval Status 11/3/23 2024 Teitzel One time Pending Item Description This Decision Package requests funding to upgrade security systems (cameras. Alarms, etc) in 2024. Justification This decision package proposes to upgrade security systems in city facilities and structures. However, the narrative does not suggest the current security systems are wholly inadequate. In view of the serious fiscal issues now facing the City, this Decision Package should be denied at this time. This item should be reintroduced in the 2025 budget cycle for Council consideration, after the 2024 City financial actuals reveal whether the city budget can absorb this expense. Describe All Funding Sources Fund 001.000.66.518.30.48 (Repair/Maintenance) Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expenditure): n/a Project Status (if Applicable) NA FISCAL DETAILS Expenditures: Proposed: $125,000 Revenues Net Budget Increased proposed one-time expense of $125,000. If this DP is deferred, $0 budget effect in 2024. Packet Pg. 286 8.5.j Decision Package Budget Report City of Edmonds — City Council Decision Package : Vehicle Replacements Amendment Regarding DP#: 61 Date Budget Year Councilmember Duration Approval Status 11/3/23 2024 Teitzel One time Pending Item Description Scheduled 2024 City of Edmonds vehicle replacements due to age or mileage Justification This decision package proposes to replace 8 City of Edmonds vehicles (6 police and 2 Public Works) per the standard replacement schedule. However, the city's financial situation is currently significantly stressed across all funds, and these vehicle replacements should be deferred until the 2025 budget cycle. This Decision Package should be denied at this time. Describe All Funding Sources Fund 511.100.77.594.54 Equipment B fund Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expenditure): $475,000 Project Status (if Applicable NA FISCAL DETAILS Expenditures: $475,000 Revenues Net Budget $475,000 Packet Pg. 287 8.5.k Decision Package Budget Report City of Edmonds — City Council Decision Package : Capital Maintenance Projects Amendment Regarding DP#: 64 Date Budget Year Councilmember Duration Approval Status 11/5/23 2024 Teitzel One time Pending Item Description Proposes incremental $65,000 in funding to replace existing manual gate system with motorized gate and access controls. This would make Public Works maintenance yard ingress and egress more efficient. This is a reasonable request. However, in view of the city's current fiscal instability, every effort must be made to reduce expenditures. This request should be denied at this time, and reconsidered for implementation in 2025. I ictifiratinn This decision package should be denied. Describe All Funding Sources Fund 016.000.66.518.30.48 (Repairs/Maintenance Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expenditure): N/A Project Status (if Applicable) NA FISCAL DETAILS Expenditures: Expenditure savings of $65,000 in 2024 budget Packet Pg. 288 8.5.1 Decision Package Budget Report City of Edmonds — City Council Decision Package : Waterfront Emergency Study Amendment Regarding DP#: 83 Date Budget Year Councilmember Duration Approval Status 11/3/23 2024 Teitzel One time Pending Item Description Proposes $50,000 for restudy of Edmonds waterfront emergency response options to enhance response to fires, disasters and medical emergencies on the Edmonds waterfront. It appears this funding is to underwrite consultant expenses for this study. Instead, this effort should be assigned to a task force for further study consisting of the City, the Port, citizens, BNSF, etc. to identify creative solutions for this need. Justification This decision package should be denied. Describe All Funding Sources Fund 125.000.68.542.30.41 Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expenditure): N/A Proiect Status (if Aoolicable) NA FISCAL DETAILS Expenditures: Packet Pg. 289 8.5.m Decision Package Budget Report City of Edmonds — City Council Decision Package : Land Acquisition Support Amendment Regarding DP#: 87 Date Budget Year Councilmember Duration Approval Status 11/3/23 2024 Teitzel One time Pending Item Description Proposes incremental $50,000 in funding to support real estate professional consulting services to assist the city in seeking additional open space acquisition for green space/parks. This request should be denied at this time. In view of the city's current fiscal instability, every effort must be made to reduce ongoing expenditures. In view of the total number of properties that have been identified over the past 12 months for potential acquisition, it is not apparent this investment is providing adequate ROI for the city. Further, the funding source for this position is REET 1. The savings associated with denial of this request can be reallocated to other critical Parks needs. Justifiration This decision package should be denied. Describe All Funding Sources Fund 126.000.64.576.80.41 (Professional Services) Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expenditure): N/A Proiect Status (if ADDlicable) NA FISCAL DETAILS Expenditures: Packet Pg. 290 8.5.n Decision Package Budget Report City of Edmonds — City Council New Decision Package - Title : Amendment Regarding DP#: 56 Carbon Recover Project (Close-out/ Hauling) Date Budget Year Councilmember Duration Approval Status 11/16/23 2024 Buckshnis One Time or Ongoing Pending Item Description Carry over or close out cost associated with the carbon recover project. luctifirntion This decision package should be denied as this contract is an all-inclusive project and so the designer/contractor should be responsible for these funds. Another reason to deny is that the Administration can come forth with a budget amendment in 2024 if something seemed to be allowed The CFP for this is PWP 02 should be moved out a year in case the all-inclusive stands firm legally. Describe All Funding Sources From DP 56 - Fund 423 and WWTP Partners according to respective percentage of capacity. Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expediture): Proiect Status (if Aaalicable) FISCAL DETAILS Expenditures Revenues Net Budget ($253,950) Packet Pg. 291 8.5.0 Decision Package Budget Report City of Edmonds — City Council New Decision Package - Title : Amendment Regarding DP#: 66 2024 Transportation Plan Update Date Budget Year Councilmember Duration Approval Status 11/16/23 2024 Buckshnis One Time or Ongoing Pending Item Description Remove DP #66 Justification Due to the late status of the City's Comprehensive Plan and then need for a comprehensive environmental impact statement throughout the City and more specifically the greater Highway 99 area and the Highway 104 corridor which are both major areas for redevelopment. Consequently, this decision packet should be denied and performed in 2025 after environmental review and policy has been created as of land -use. Considering the City has moved to a multi -modal form of transportation and is currently being completed as well, so it seems logical and time sequencing to wait a year and add this element of the Comprehensive Plan in 2025. Describe All Fundiniz Sources From DP66 — Fund 112 Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expediture): From DP66 - Total project cost is estimated at $406,000 Proiect Status (if Applicable From DP66 — This update began in 2023 and is scheduled for completion in 2024 (similar to Comprehensive Plan) FISCAL DETAILS Expenditures Revenues Net Budget ($216,085.00) Packet Pg. 292 8.5.p Decision Package Budget Report City of Edmonds — City Council New Decision Package - Title : Amendment Regarding DP#: 89 — Add Ongoing 2023 Budget Amendments Date Budget Year Councilmember Duration Approval Status 11/16/23 2024 Buckshnis One Time or Ongoing Pending Item Description From DP 89: Add Ongoing 2023 Budget Amendments to the 2024 Budget luctifirntion Remove DP 89. Some of these expense and revenue descriptions do not appear to follow along with any amendment policy or internal control policy and either adjustments need to be made or the entire DP be denied as an explanations are needed for policy as some of these items are large amounts such as an expenditure of $1,500,000 for the fire contract. Why would the City only carrying forward only a portion of the 2023 payable into the 2024 budget? The same with the other large expenditures of lease payments for $300K and repair and maintance for $170, 197 — all seem to be odd expenditures to carry -forward to 2024 and should be paid. On the revenue side, revenue is showing $500,000 for traffic camera infractions? Also the TBD Vehicle Fee of $700,000 as a new revenue which Council passed this year and has yet to take effect. These revenues should be recognized when they occur next year and the traffic camera infractions obviously is not a revenue to add to the ending fund balance. A decision packages like this means the Administration should be communicating to the City Council regarding these large items and how were those on -going adjustments actually determined? Were these revenue DPs reflected in the 2024 budget? And were the expenses? Describe All Funding Sources Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expediture): Proiect Status (if Aoolicable FISCAL DETAILS Expenditures Revenues Packet Pg. 293 8.5.p Decision Package Budget Report City of Edmonds — City Council Net Budget _ 0 L d 0 a.� d m N O N L t N U 7 m O CO a 0 a� E a as E M V a Packet Pg. 294 8.5.q Decision Package Budget Report City of Edmonds — City Council New Decision Package - Title : Amendment Regarding DP#: 96 — Vacancy Rate Adjustments Date Budget Year Councilmember Duration Approval Status 11/15/23 2024 Buckshnis One Time or Ongoing Pending Item Description Remove DP 96. I ictifiratinn This is a policy issue that needs to be addressed with the City Council next year as it has a tremendous impact on future expense streams. Also, in a time of a financial crisis or challenges, it may be possible that the Administration may remove funding from designated budgeted positions. GFOA is an association of Government Finance Officers and provide best practices guidance as illustrated in this decision package. They aim to promote and facilitate positive change rather than merely codifying current accepted practices. Describe All Funding Sources Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expediture): Proiect Status (if Aaalicable FISCAL DETAILS Expenditures Revenues Net Budget Packet Pg. 295 8.5.r Decision Package Budget Report City of Edmonds — City Council Decision Package: NEW ITEM: Olympic Beach Park Restroom (at fishing pier) Amendment Regarding DP#: R7 from CIP/CFP Date Budget Year Councilmember Duration Approval Status 11/13/23 2024 Teitzel One time Pending Item Description This item relates to CIP/CFP item R7 regarding renovation of the Olympic Beach Park restroom (this is the restroom at the Fishing Pier). This item was previously in the CIP/CFP to commence work in 2024, but was moved back to commence in 2025 in the proposed CIP/CFP. This work Is needed now, as this restroom is heavily used by waterfront visitors and fishing pier users. According to Parks Director Feser, the work was delayed so it could be coordinated with needed roof repairs at the restroom. But in further discussions with Council, it appears that coordination can still be accomplished if this project is moved forward into 2024. lustifiratinn This item should be advanced in the city schedule to commence in 2024. It is needed and has also been requested by the Port of Edmonds as a necessary upgrade. It is identified in the CIP/CFP as being fully funded by REET II funding. Describe All Funding Sources Fund 125 (REET II tax funds) Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expenditure): N/A Proiect Status (if Aoolicable) NA FISCAL DETAILS Expenditures: $20,000 in 2024. Packet Pg. 296 8.5.s Decision Package Budget Report City of Edmonds — City Council New Decision Package - Title : Small Business Support Grants Date Budget Year Councilmember Duration Approval Status 11/16/2023 2024 Nand One Time Pending Item Description Allocate $250,000.00 of American Rescue Plan Act (ARPA) funds for Community Services and Economic Development to disperse $5000.00 grants to qualifying small businesses. Qualifying small businesses must: 1) Be presently in operation, AND 2) Be headquartered located in Edmonds or conduct more than 50% of their business activities within city limits, AND 3) Have been in operation for any period of time between January 31, 2020 and May 11, 2023, AND 4) Have had the financial health of their business affected by the COVID-19 related economic recession, AND 5) Qualify as a "small business," with fewer than 20 employees and less than $1,000,000.00 in annual gross revenue. h mtifiratinn In 2022, Council authorized the Administration to distribute $250,000.00 in ARPA funds to Edmonds businesses for the purpose of fagade improvement. However, the administration did not have capacity to advertise or administer the program to benefit Edmonds' business community. In 2023, thus far, the Administration has allocated $0.00 of ARPA funds to support the local small business community. ARPA funds must be distributed by 2024. By directing Community Services and Economic Development to distribute $5000.00 grants to qualifying local small businesses in Edmonds, Council can ensure that these funds are administered as originally intended in the 2023 budget. Describe All Funding Sources Describe Future on Ongoing Costs (Expenditure) or Savings (Reduction of Expediture): ARPA funds much be distributed by 2024. Project Status (if Applicable) FISCAL DETAILS Expenditures: $250,000.00. Revenues: $0.00. Net Budget:-$250,000.00. ri N O N c a� E s 0 ca 21 Packet Pg. 297