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2024-03-19 Council Packet2 3 4 5 6 OF BbMG ti Agenda Edmonds City Council 1,00 REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 MARCH 19, 2024, 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 PRESENTATIONS APPROVAL OF THE AGENDA AUDIENCE COMMENTS Edmonds City Council Agenda March 19, 2024 Page 1 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. 7. RECEIVED FOR FILING 1. Mayor Reappointment to the Economic Development Commission (0 min) 2. Written Public Comments (0 min) 3. Council Annual Work Plan 2024 (0 min) 4. January 2024 Monthly Financial Report (0 min) 5. Public Works Update 4th Quarter 2023 (0 min) 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of Special Meeting Minutes March 5, 2024 2. Approval of Council Minutes March 5, 2024 3. Council Rules of Procedure Sections 3 4. Summer Market, Edmonds SpringFest, Edmonds Arts Festival, 4th of July and Taste Edmonds Special Event Agreements 5. EPOA Commissioned Collective Bargaining Agreement 1/1/24 - 12/31/25 6. Approval of Public Works Records Administrator Job Description 7. Approval of Amendment for On -Call Stormwater Review Services 8. Approval of Professional Services Agreement for Design Engineering Services with DEA for Phase 12 & 13 Sewerline Replacement and Rehabilitation Projects 9. Approval of 2024 Update of Development Related Fees 10. Approval of claim checks and wire payments. 11. Approval of payroll and benefit checks, direct deposit and wire payments. 12. Approval of Special Meeting Minutes February 27, 2024 13. Approval of Council Minutes February 27, 2024 14. Parks and Public Works Committee Meeting Proposed Time Change 15. Amending ECC 5.04.010 -Removing RCW 66.44.291 and RCW 66.44.320. 16. Amending ECC 5.12.020-Contributing to the delinquency of a minor 17. Amending ECC 5.34 -Adding a new section (ECC 5.35.010) to city code for "computer crimes" and adopting several parts of RCW 9A.90. 18. B&C Confirmation of Appointment - Arts Commission 19. B&C Confirmation of Appointment - Arts Commission 20. B&C Confirmation of Appointment - Historic Preservation Commission 21. B&C Confirmation of Appointment - Historic Preservation Commission 9. PUBLIC HEARING 1. Critical Aquifer Recharge Area Code Amendment (40 min) 10. COUNCIL BUSINESS 1. Planning Study for Edmonds Marsh and Estuary Restoration (10 min) 2. Design update on the Highway 99 Revitalization Projects - Stage 3 and Stage 4 (45 min) 3. Comprehensive Plan- Draft Growth Alternatives (45 min) 4. Resolution Adopting Traffic Safety Camera Location Analysis (20 min) Edmonds City Council Agenda March 19, 2024 Page 2 11. MAYOR'S COMMENTS 12. COUNCIL COMMENTS ADJOURNMENT 10:00 PM Edmonds City Council Agenda March 19, 2024 Page 3 7.1 City Council Agenda Item Meeting Date: 03/19/2024 Mayor Reappointment to the Economic Development Commission Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Volunteer board and commission members serve our community by providing advice and recommendations to the Mayor and City Council regarding programs, activities, and issues unique to their board/commission purpose and mission. N/A Narrative Mayor Rosen re -appoints Allan Townsend to the Economic Development Commission to Position #1 -- term will expire 3/31/2026. Packet Pg. 4 7.2 City Council Agenda Item Meeting Date: 03/19/2024 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 February 27, 2024 and March 11, 2024. Attachments: Public Comment March 19, 2024 Packet Pg. 5 7.2.a Edmonds City Council Public Comments —March 19, 2024 Online Form 2024-02-27 05:33 PM(MST) (1) was submitted by Guest on 2/27/2024 7:33:55 PM (GMT-07:00) US/Arizona FirstName David LastName Wagner Email CityOfResidence Edmonds AgendaTopic Sidewalk homeless encampments Comments I'm concerned as there is a homeless encampment on 244 St SW (by SR 99) on the sidewalk, right outside of Arby's. I'm pretty sure this is inside the city of Edmonds, though across the street is Shoreline. Someone, possibly the city??? has placed "Sidewalk closed" signs on both ends of the sidewalk before the encampment. This has been there for at least 2-3 days. While I have sympathy for the homeless, why are we condoning this behavior? There is trash and belongings all over the ground and someone, or possibly the city, has simply shut the sidewalk down to pedestrians, rather than solve the issue. I reported this to EPD but have yet to hear back on it. Has anyone tried to connect the homeless man there with services? My 2 big concerns here are 1) No public/safe public access to the sidewalk. 2) Allowing this type of behavior to occur and possible encourage others to do the same. This is Edmonds, not Seattle!!! Online Form 2024-02-28 05:39 PM(MST) was submitted by Guest on 2/28/2024 7:39:06 PM (GMT- 07:00) US/Arizona FirstName GREG LastName BREWER Email CityOfResidence EDMONDS AgendaTopic planning board DADU hearing Comments HB 1110 and 1337 go a long way to allow additional housing in the state. Maybe too far. Many municipalities are struggling to understand how these two laws will work together. Nobody knows exactly how these policies will look when built out. Edmonds, with its diverse landscape, lot sizes, terrain and view corridors will be adversely affected. The pending density will not be equitably placed for these very reasons. It will already be nearly impossible to guide with the State blanket up zones. The City has much to consider before proposing additional code changes. Why with all the unknowns would the City go above and beyond the State requirements? We can always adjust as needed after we digest this massive mandated shift in our housing policies. These new laws appear to be for adding density at any and all costs, streamlining the process with reduced fees with little or no thought to needed infrastructure. Any good builder or developer knows infrastructure comes first, then density can follow. For example, we are currently lacking a fully Packet Pg. 6 7.2.a Edmonds City Council Public Comments — March 19, 2024 functional sewage plant. We cannot add more density without solving our current sewage problem! Additionally, our roadways will be adversely affected with more density and the addition of bike Lanes, bulb outs and other traffic calming measures. The City is continually constricting our arterials while at the same time proposing more density and less parking. These two opposing philosophies do notjibe. This will inevitably lead to the degradation of our city's livability and quality of life. In watching last night's presentation to Council, another concern comes to mind -- the fact that the City will not allow for separate metering by the Edmonds' water department and is requiring property owners to meet this need on their own property. This could become messy as rentals or when the properties are divided and sold separately. As a builder, I know that separate metering is the preferred way to go. Furthermore, Olympic Water District, which serves part of Edmonds, requires a separate meter. It would behoove the City to align with Olympic and have one policy for y all. Shortcutting the infrastructure process in the beginning will lead to problems down the road. I E say pull back and absorb the State's initial mandate before forging ahead with even more liberal E code changes. We need to take the time to get it right. Our special city deserves this consideration. ti 2 a Online Form 2024-03-05 01:53 PM(MST) was submitted by Guest on 3/5/2024 3:53:43 PM (GMT- 07:00) US/Arizona L FirstName Will LastName Magnuson Email CityOfResidence Edmonds AgendaTopic ADU and Comprehensive code updates Comments Greetings Mayor, Council and Planning, The process to develop the updates to the ADU and Comprehensive codes is indeed a challenge. I fully support the adoption of ADU and comprehensive code updates to meet the mandates from our state legislature. Our city has been slow to provide adequate design standards and development codes to meet the rising needs for increased density. My hope is that you will develop code updates which simply fulfill the criteria of state mandates and properly address the needs of our community without providing an abundance of caveats, provisions or loopholes in the development codes as an attempt to head off foreseeable and/or unforeseeable special conditions. There are already too many bad provisions in our codes which cause great challenges for our community to understand and correct problems in our development code. An example of a bad development code provision is the 12,000 sf lot or 120 if overall building width before a BD zone property needs to provide desirable public space (BD ordinance 16.43.030 Section 10, item E). Public space in our core BD zones will be even more critically important as density increases in our community. Too often code provisions for special conditions do little but provide opportunity for unwanted design. It's a shame Edmonds couldn't find the courage long ago to set an example of forward thinking development standards rather than waiting to allow others to set the standards for us. The present residential zoning codes regarding setbacks and buildable areas are substantially adequate for ADU's and provide balanced standards Packet Pg. 7 7.2.a Edmonds City Council Public Comments —March 19, 2024 for all properties. Please strive to keep the ADU/Comprehensive Code updates balanced and universal for all properties to minimize errors. In other words, keep it simple. Thank you for all your dedicated work. Online Form 2024-03-05 09:55 PM(MST) was submitted by Guest on 3/5/2024 11:55:44 PM (GMT- 07:00) US/Arizona FirstName Joan LastName Bloom Email CityOfResidence Edmonds AgendaTopic Consideration of Change of Council Meeting Minutes Style 9.2, agenda 3-5-24 Comments Council and CP Olson, I urge all Council members to vote NO to a change in Council meeting minutes style. Voting yes would be a serious blow to transparency and would further erode citizens'trust in their elected officials. Because of my years long active involvement in Edmonds politics, as a citizen commenter and as a Council member, I take the following recommendation personally. On P. 332 of your packet "Don't include in minutes": "13. In our view minutes should not record detailed public comment. It is sufficient to say that "public comment was given." I began frequent attendance of Council meetings in 2006. I'd comment during open public comments and participate in public hearings, formulating my comments either before (at my Edmonds office) or during the meetings after listening to other commenters. The written summary in the meeting minutes never did my carefully crafted comments justice. But at least there was a summary. It's stressful to stand up in front of Council, staff and Mayor and express your point of view on issues of importance to you. The idea that those who comment in person or on Zoom would have their comments acknowledged with "public comment given" is highly disturbing. Marginalizing citizen concerns in that manner for a savings of a few thousand dollars is extremely disrespectful of your Edmonds constituents. Council members who support this change in minutes may use the reduced cost rationale, but will expose their underlying preference that citizen comments be marginalized and, ultimately, ignored. Those Council members will demonstrate with their vote that they favor staff opinion/advice over citizen input. Those Council members will be representing staff, not their constituents. Direct your focus to the enormous amount of work ahead of you in 2024; the fiscal crisis, the Comp Plan update, integrating the housing bills into our Comp Plan and code. Vote against changing Council meeting minutes style. Respectfully, Joan Bloom Council 2012-2015 e Packet Pg. 8 7.2.a Edmonds City Council Public Comments — March 19, 2024 Online Form 2024-03-09 10:10 AM(MST) was submitted by Guest on 3/9/2024 12:10:31 PM (GMT- 07:00) US/Arizona FirstName Finis LastName Tupper Email CityOfResidence Anacortes Wa AgendaTopic OPMATraining Comments Do the Edmonds City Council and Mayor Mike Rosen favor open, transparent and accountable government? Our State Legislature and Washington State Courts favor open government, finding and declaring that city business, including discussions and actions, be conducted openly and in public. RCW 42.30.010 (Legislative declaration). Council Actions include deliberations, discussions, considerations, reviews, evaluations and final actions. There appears to have been several Open Public Meeting Act violations during the March 5, 2024 City Council Meeting: 1. During the continuation of the ADU study session, Council President Olson intentionally and purposefully spoke about city business with her microphone turned off. Councilmember Paine participated in this discussion understanding what Olson said, and stating she would respond to her by email. The audience and online viewers were unable to hear this council discussion and deliberation between these parties. Mayor Rosen took action upon his involvement with the Olson and Paine private discussion, ruling Paine could continue with her comments. (Council Business Agenda item 9.3) 2. Council President Olson, after the final vote of the proposed change to council meeting minutes style, spoke to Mayor Rosen with her microphone turned off. Also prior to the final vote, Councilmember Paine spoke with her microphone turned off. (Council Business Agenda item 9.4) 3. Council President Olson removed her cell phone from her purse and was viewed reading something on her phone and then responding either by text message or email. City Attorney Jeff Taraday attended this meeting and participated twice, first about the city's regulatory authority of ADUs and second about the Mayor's ability to break a tie vote to change summary meeting minutes style. Mr. Taraday knows those attending the meeting have a right to listen and hear the discussion going on. Why didn't he say anything about councilmembers speaking with their microphones turned off? Also Mr. Taraday's attendance was paid for by the citizens and taxpayers of Edmonds. ($359.00 per hour, 2.11 hrs. total $757.49) Why didn't he interrupt the meeting about the Council President using her cell phone during the meeting? Sending electronic messages between the governing body regarding an issue under discussion violates the OPMA. Once again, the attendees have a legal right to know what is being said! The mayor and city council both appear to need more OPMA training. Why isn't Lighthouse Law Group protecting our elected officials and advising them when they act contrary to State law? e Packet Pg. 9 7.3 City Council Agenda Item Meeting Date: 03/19/2024 Council Annual Work Plan 2024 Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History The Edmonds City Council met in collaborative sessions on February 3rd to 4th and developed the following list of desired outcomes, major projects and policy considerations to provide an ongoing framework for legislative work in 2024. Recommendation N/A for information only Narrative Memo from Council President Vivian Olson to Mayor Rosen attached. Attachments: 03112024 Memo to Mayor re Council Annual Work Plan 2024 Packet Pg. 10 7.3.a CITY OF EDMOND S 121 5TH AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0248 - FAX 425-771-0254 Website: www.edmondswa.gov :a '890 i�q° CITY COUNCIL Date: March 11, 2024 To: Mayor Mike Rosen cc: Edmonds City Council Directors Received for Filing in next Council Agenda Packet From: Council President Vivian Olson Re: Council Annual Work Plan 2024 I am pleased to share the outcome of the February Council Retreat with you and your staff. This product represents thoughtful input from all councilmembers, expertly facilitated by Councilmember Neil Tibbott. The Edmonds City Council members met in collaborative sessions on February 3rd to 4th and developed the following list of desired outcomes, major projects and policy considerations to provide an ongoing framework for our legislative work in 2024. Primary 2024 Outcomes • Financial Stability—Subtasks include Revenues, Biennial Budgeting, Evaluation of Staffing, Financial Policies • Infrastructure Integrity — Subtasks include Stormwater, Facility Evaluation/Plan/Maintenance, Waste Water Treatment Plant • Public Services and Public Safety Delivery Systems — Subtasks include Fire Contract, Comprehensive Emergency Management Plan, Police resources, Human Services Major Projects • Comp Plan Completed • EMP Revised • Biennial Budget Passed • Landmark Decided • Fire Service Decided • Staffing Levels Evaluated • Climate Actions Planned • Marsh MOU Discussed • Financial Policies Revised • Code Revisions Continued • Wastewater Treatment Plant Completed Packet Pg. 11 7.3.a Policy Decision Questions: • How will we evaluate which programs to cut or stop temporarily? • How will we evaluate the process of moving the police station or establishing a sub station on Hwy 99? • How do we track Climate Resiliency goals? q • How does the city of Edmonds address Opioid issues in partnership with regional o municipalities? N • How will we evaluate the value of a Grant Manager for funding essential programs? a • How can we continue to improve our public engagement with and for our broader c community? • How will we increase the use of citizen experts and outsource information gathering and 3 solutions? Q • How can we improve financial reporting for monthly, quarterly, semi-annual and annual — presentations? _ • How will we accommodate the new State Laws regarding land use in our planning v process? le Packet Pg. 12 7.4 City Council Agenda Item Meeting Date: 03/19/2024 January 2024 Monthly Financial Report Staff Lead: Dave Turley Department: Administrative Services Preparer: Sarah Mager Background/History N/A Staff Recommendation Receive for Filing Narrative January 2024 Monthly Financial Report Attachments: January 2024 Monthly Financial Report Packet Pg. 13 I 7.4.a I O-V lac. 1 ISOv CITY OF EDMONDS MONTHLY BUDGETARY FINANCIAL REPORT JAN UARY 2024 Packet Pg. 14 1 GENERAL FUND SUMMARY 7.4.a General Fund Revenues and Expenses (Rolling 24 months) — — — General Fund Revenues General Fund Expenses 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 February May 12,000, 000 10,000, 000 8,000,000 6,000,000 4,000,000 2,000,000 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 CL 0 .v c M c ii 21 t 0 a N O N General Fund Tax Revenue (2018 through 2023) — — — Sa les Tax Property Tax - — EMS Tax Other Taxes Ca ------------------ �-ft -ft ft. # August November February May August November 2018 2019 2020 Sales Tax 2021 2022 2023 General Fund Tax Revenue (2024 YTD) rropercy i ax i $599,964 6,012 EMS Tax Other Taxes 1 Packet Pg. 15 I 7.4.a I City of Edmonds, WA Monthly Revenue Summary -General Fund 2024 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 2,696,328 $ 2,696,328 $ 2,532,339 February 5,382,958 2,686,630 March 8,188,834 2,805,875 April 12,797,317 4,608,484 May 21,760,095 8,962,778 June 24,435,228 2,675,133 July 27,403,259 2,968,031 August 30,732,913 3,329,654 September 33,505,242 2,772,329 October 39,039,376 5,534,133 November 47,850,227 8,810,851 December 51,056,792 3,206,565 Real Estate Excise Tax 1 & 2 -6.08 % City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 2024 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 225,388 $ 225,388 $ 158,734-29.57% February 376,297 150,909 March 569,768 193,471 April 775,427 205,659 May 1,036,020 260,593 June 1,293,139 257,119 July 1,573,012 279,874 August 1,849,679 276,667 September 2,151,102 301,423 October 2,420,735 269,633 November 2,687,175 266,440 December 3,000,000 312,825 *The monthly budget forecast columns are based on a five-year average. O CL d fa C M C M 21 L a+ C O 2 N O N L la 2 Packet Pg. 16 7.4.a SALES TAX SUMMARY Health & Personal Care, $5,207 Construction Trade, $141,832 Accommodation, $3,451 Clothing and \ Accessories, $30,451 Communications, $20,914 Wholesale Trade, $32,242 14,000,000 12,000, 000 10,000,000 8,000,000 6,000, 000 4,000, 000 2,000, 000 0 Sales Tax Analysis By Category Current Period: January 2024 Year -to -Date Total $975,066 Amusement & Automotive Repair, Recreation, $8,083 $23,007 Business Services, $112,981 Gasoline, $0 Misc Retail, $202,118 RE Others, $22,777 Annual Sales Tax Revenue Automotive, Food Stores, $32,250 Manufacturing, $8,081 Eating & Drinking, $105,051 $11,257,927 $11,614,826 $10,302,518 _ 1 $8,406,296 $8,452,715 $8,317,046 _ 2018 2019 2020 2021 2022 2023 YTD 2024 0 Q. 0 c M c ii t 0 2 N 0 N i 0 c ca 3 Packet Pg. 17 I 7.4.a I City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2024 Sales and Use Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 956,967 $ 956,967 $ 975,066 1.89% February 2,084,047 1,127,080 March 2,987,849 903,802 April 3,814,928 827,079 May 4,821,039 1,006,111 June 5,796,759 975,721 July 6,836,449 1,039,690 August 7,953,072 1,116,623 September 8,995,564 1,042,491 October 10,116,626 1,121,062 November 11,238,239 1,121,613 December 12,300,000 1,061,761 City of Edmonds, WA Monthly Revenue Summary -Real Personal/Property Tax 2024 Real Personal/Property Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 28,172 $ 28,172 $ 15,003-46.75% February 156,833 128,661 March 877,571 720,738 April 5,200,702 4,323,131 May 6,113,323 912,621 June 6,167,757 54,434 July 6,192,819 25,062 August 6,247,276 54,457 September 6,423,953 176,676 October 10,550,884 4,126,931 November 11,287,789 736,905 December 11,327,000 39,211 Real Pe rs onal/Prope rty Tax 12,000,000 11,000,000 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --P—CurrentYeaz Budget �PriorYear *The monthly budget forecast columns are based on a five-year average. O 1? d O C M C LL 21 L a+ C O 2 N O N L la 4 Packet Pg. 18 I 7.4.a I City ofEdmonds, WA Monthly Revenue Summary -Water Utility Tax 2024 Water Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 90,844 $ 90,844 92,691 2.03% February 154,355 63,511 March 244,152 89,797 April 304,356 60,204 May 393,634 89,278 June 463,947 70,313 July 573,149 109,202 August 666,476 93,327 September 791,033 124,557 October 881,630 90,597 November 983,292 101,662 December 1,047,289 63,997 Water Utility Tax 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget --D-- Prior Year City of Edmonds, WA Monthly Revenue Summary -Sewer Utility Tax 2024 Sewer Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 101,297 $ 101,297 $ 101,472 0.17% February 185,730 84,433 March 286,530 100,799 April 371,027 84,497 May 472,427 101,400 June 557,139 84,712 July 659,773 102,634 August 744,838 85,065 September 850,226 105,388 October 936,127 85,902 November 1,039,506 103,379 December 1,123,814 84,308 Sewer Utility Tax 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 IF 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget -d-- Prior Year *The monthly budget forecast columns are based on a five-year average. O lZ d t4 C M C M t C O 2 Iq N O N O 3 C ca 5 Packet Pg. 19 I 7.4.a I City of Edmonds, WA Monthly Revenue Summary -Meter Water Sales 2024 Meter Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 907,961 $ 907,961 $ 927,056 2.10% February 1,542,839 634,878 March 2,440,331 897,492 April 3,042,049 601,718 May 3,934,362 892,313 June 4,637,093 702,731 July 5,733,149 1,096,056 August 6,665,886 932,738 September 7,911,002 1,245,116 October 8,816,518 905,516 November 9,832,625 1,016,107 December 10,472,890 640,265 City of Edmonds, WA Monthly Revenue Summary -Storm Water Sales 2024 Storm Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 493,589 $ 493,589 $ 474,260 -3.92% February 1,573,695 1,080,106 March 2,071,892 498,197 April 2,515,478 443,586 May 3,014,352 498,874 June 3,458,035 443,682 July 3,948,598 490,563 August 5,030,812 1,082,214 September 5,530,169 499,357 October 5,974,369 444,200 November 6,473,743 499,375 December 6,901,960 428,217 Storm Water Sales 0 I JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --*-- Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O iZ d O C M C LL 21 L a+ C O 2 N O N L to 6 Packet Pg. 20 I 7.4.a I City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2024 Unmeter Sewer Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 1,013,537 $ 1,013,537 $ 1,015,482 0.19% February 1,857,511 843,974 March 2,866,119 1,008,607 April 3,710,735 844,616 May 4,725,346 1,014,611 June 5,572,110 846,764 July 6,598,121 1,026,011 August 7,448,415 850,294 September 8,502,903 1,054,488 October 9,361,565 858,662 November 10,395,964 1,034,399 December 11,238,143 842,179 Unmeter Sewer Sales 12,000,UUU 11,000,000 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC —*-- Current Yeaz Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O Q d 20 C M C_ LL t C O 2 Iq N O N O 3 C tE Packet Pg. 21 ■ 7.4.a City ofEdmonds, WA Monthly Expenditure Report -General Fund 2024 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 4,809,941 $ 4,809,941 $ 4,652,570 -3.27% February 8,929,460 4,119,519 March 12,949,656 4,020,196 April 16,605,542 3,655,886 May 20,680,830 4,075,289 June 25,263,943 4,583,113 July 29,265,855 4,001,912 August 33,410,962 4,145,107 September 37,568,248 4,157,286 October 41,684,233 4,115,985 November 46,834,881 5,150,648 December 51,892,793 5,057,912 General Fund 60,000,000 55,000,000 50,000,000 45,000,000 40,000,000 35,000,000 30,000,000 25,000,000 20,000,000 15,000,000 10,000,000 5,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -Current Year - Budget Prior Year City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2024 Non -Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 926,027 $ 926,027 $ 1,244,387 34.38% February 1,489,596 563,569 March 2,012,000 522,404 April 2,395,260 383,260 May 2,923,480 528,220 June 3,677,256 753,776 July 4,126,291 449,035 August 4,662,507 536,216 September 5,123,698 461,191 October 5,544,111 420,414 November 6,294,725 750,614 December 6,857,495 562,770 *The monthly budget forecast columns are based on a five-year average. F O CL d R C M C_ LL _A t C O 2 Iq N O N O 3 C ca S Packet Pg. 22 I 7.4.a I City ofEdmonds, WA Monthly Expenditure Report -City Council 2024 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 34,240 $ 34,240 $ 40,574 18.50% February 71,153 36,913 March 112,189 41,036 April 150,403 38,214 May 193,081 42,678 June 234,428 41,347 July 275,019 40,591 August 316,493 41,474 September 357,868 41,375 October 394,551 36,684 November 435,285 40,734 December 479,286 44,001 City of Edmonds, WA Monthly Expenditure Report -Office of Mayor 2024 Office of Mayor Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 40,561 $ 40,561 $ 33,901-16.42% February 82,159 41,598 March 124,596 42,436 April 165,441 40,846 May 205,791 40,350 June 245,843 40,052 July 287,251 41,408 August 327,468 40,217 September 367,326 39,858 October 406,988 39,662 November 449,726 42,738 December 490,875 41,149 500,000 Office of Mayor 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --I-CurrentYeaz Budget �PriorYear *The monthly budget forecast columns are based on a five-year average. F O Q d R C M C_ LL _A t r C O 2 Iq N O N O 3 C ca 9 Packet Pg. 23 I 7.4.a I City of Edmonds, WA Monthly Expenditure Report -Human Resources 2024 Human Resources Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 110,919 $ 110,919 $ 129,960 17.17% February 206,083 95,165 March 293,020 86,937 April 385,026 92,006 May 477,507 92,481 June 609,764 132,257 July 691,435 81,671 August 781,445 90,009 September 882,461 101,016 October 976,331 93,870 November 1,084,356 108,025 December 1,222,438 138,082 Human Resources 1,300,000 11200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ­0---CurrentYear Budget ­0--PriorYear City of Edmonds, WA Monthly Expenditure Report -Municipal Court 2024 Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 133,120 $ 133,120 $ 136,698 2.69% February 268,761 135,641 March 408,462 139,701 April 549,323 140,861 May 702,755 153,432 June 841,629 138,874 July 987,720 146,091 August 1,144,145 156,425 September 1,291,990 147,845 October 1,441,979 149,989 November 1,629,476 187,497 December 1,811,176 181,700 Municipal Court 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --l- Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O 1? d O C M C M 21 L C O 2 N O N L la 10 Packet Pg. 24 I 7.4.a I City of Edmonds, WA Monthly Expenditure Report -Community Services/Economic Development 2024 Community Services/Economic Development Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 70,938 $ 70,938 $ 84,711 19.42% February 150,629 79,691 March 228,686 78,058 April 308,932 80,246 May 391,061 82,128 June 480,392 89,331 July 570,789 90,397 August 679,369 108,580 September 777,142 97,773 October 877,976 100,834 November 1,007,121 129,145 December 1,162,045 154,924 Community Services/Economic Development 1,400,000 11300,000 11200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 - 400,000 300,000 200,000 100,000 >- 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _Current Year Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 11 Packet Pg. 25 I 7.4.a I City of Edmonds, WA Monthly Expenditure Report - Fund 512 - Technology Rental Fund 2024 Fund 512 - Technology Rental Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 278,067 $ 278,067 $ 450,425 61.98% February 459,653 181,586 March 687,018 227,364 April 781,894 94,876 May 882,974 101,080 June 1,005,318 122,345 July 1,131,059 125,740 August 1,299,834 168,775 September 1,465,789 165,955 October 1,643,179 177,391 November 1,772,621 129,442 December 2,011,076 238,455 Fund 512 - Technology Rental Fund 2,200,000 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -*--Current Year Budget -0-- Prior Year City of Edmonds, WA Monthly Expenditure Report -Administrative Services 2024 Administrative Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 288,918 $ 288,918 $ 274,596 -4.96% February 523,687 234,769 March 733,695 210,008 April 944,992 211,297 May 1,157,177 212,186 June 1,442,022 284,845 July 1,684,828 242,805 August 1,896,259 211,431 September 2,116,379 220,121 October 2,344,386 228,007 November 2,598,917 254,531 December 2,825,453 226,536 Administrative Services 3,000,000 2,800,000 2,600,000 2,400,000 2,200,000 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --P-- Current Yeaz Budget � Prior Yeaz *The monthly budget forecast columns are based on a five-year average. O Q d R C M C LL t C O 2 Iq N O N O 3 C ca 12 Packet Pg. 26 I 7.4.a City of Edmonds, WA Monthly Expenditure Report -City Attorney 2024 City Attorney Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 96,815 $ 96,815 $ - 0.00% February 193,630 96,815 March 290,445 96,815 April 387,260 96,815 May 484,075 96,815 June 580,890 96,815 July 677,705 96,815 August 774,520 96,815 September 871,335 96,815 October 968,150 96,815 November 1,064,965 96,815 December 1,161,780 96,815 City Attorney 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -Current Year Budget - Prior Year City of Edmonds, WA Monthly Expenditure Report -Police 2024 Police Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 1,325,644 $ 1,325,644 $ 1,320,779 -0.37% February 2,644,333 1,318,689 March 4,027,557 1,383,224 April 5,378,981 1,351,424 May 6,782,808 1,403,826 June 8,239,937 1,457,130 July 9,689,531 1,449,593 August 11,039,396 1,349,866 September 12,478,176 1,438,780 October 13,942,747 1,464,571 November 15,677,275 1,734,528 December 17,478,540 1,801,265 Police 18,000,000 12,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY RUN JUL AUG SEP OCT NOV DEC --I- Current Yeaz Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 13 Packet Pg. 27 I 7.4.a I City of Edmonds, WA Monthly Expenditure Report -Planning & Development 2024 Planning & Development Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 328,959 $ 328,959 $ 269,177-18.17% February 671,531 342,572 March 999,838 328,306 April 1,348,844 349,006 May 1,692,557 343,714 June 2,024,917 332,360 July 2,387,504 362,587 August 2,727,099 339,594 September 3,071,846 344,748 October 3,418,696 346,849 November 3,799,763 381,067 December 4,251,605 451,842 Planning & Development 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -*--Current Year Budget -0-- Prior Year City of Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2024 Parks & Recreation Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 498,850 $ 498,850 $ 453,277 -9.14% February 986,757 487,907 March 1,483,576 496,818 April 1,955,557 471,981 May 2,461,256 505,698 June 2,984,923 523,667 July 3,580,661 595,738 August 4,186,784 606,123 September 4,840,484 653,700 October 5,394,700 554,215 November 5,962,605 567,905 December 6,520,597 557,992 Parks & Recreation 6,500,000 6,000,000 5,500,000 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAX JUN JUL AUG SEP OCT NOV DEC --P-- Current Yeaz Budget � Prior Yeaz *The monthly budget forecast columns are based on a five-year average. O Q d R C M C LL t C O 2 Iq N O N O 3 C ca 14 Packet Pg. 28 I 7.4.a I City of Edmonds, WA Monthly Expenditure Report - Fund 016 - Building Maintenance Fund 2024 Fund 016 -Building Maintenance Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 93,773 $ 93,773 $ 138,032 47.20% February 187,546 93,773 March 281,318 93,773 April 375,091 93,773 May 468,864 93,773 June 562,637 93,773 July 656,410 93,773 August 750,182 93,773 September 843,955 93,773 October 937,728 93,773 November 1,031,501 93,773 December 1,125,275 93,773 Facilities Maintenance Fund 016 -Building Maintenance Fund 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -0-- Current Year Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2024 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 156,777 $ 156,777 $ 280,811 79.11% February 389,680 232,903 March 593,580 203,900 April 769,287 175,707 May 948,286 178,999 June 1,082,262 133,976 July 1,241,226 158,964 August 1,449,125 207,900 September 1,701,717 252,591 October 1,994,291 292,575 November 2,251,871 257,580 December 2,638,179 386,308 Facilities Maintenance 11,500,000 11,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year Budget �d­ Prior Year *The monthly budget forecast columns are based on a five-year average. O 1Z d O C M C LL 21 L C O 2 tV O tV L la 15 Packet Pg. 29 I 7.4.a I City of Edmonds, WA Monthly Expenditure Report -Engineering 2024 Engineering Cumulative Monthly YTD Variance Budget Forecast Budget Forecast ActuaIs January $ 301,531 $ 301,531 $ 283,081 -6.12% February 604,565 303,034 March 913,824 309,259 April 1,223,821 309,997 May 1,553,842 330,021 June 1,868,266 314,424 July 2,185,239 316,973 August 2,491,236 305,997 September 2,797,476 306,240 October 3,102,475 304,999 November 3,439,952 337,477 December 3,777,853 337,901 Engineering 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +CurrentYeaz Budget — Prior Year *The monthly budget forecast columns are based on a five-year average. O Q d R C M C_ M _A t C O 2 Iq N O N O 3 C iE 16 Packet Pg. 30 I 7.4.a I Page 1 of 1 CITY OF EDMO NDS REVENUES BY FUND - SUMMARY Fund 2024 Adopted 1/31/2023 1/31/2024 Amount No. Title Budget Revenues Revenues Remaining %Received 001 GENERAL FUND $ 51,056,792 $ 2,320,252 $ 2,532,339 $ 48,524,453 501( 009 LEOFF-MEDICAL INS. RESERVE 250,000 - - 250,000 00/( 016 BUILDING MAINTENANCE FUND 112,290 7,854 9,461 102,829 80/c 017 MARSH RESTORATION & PRESERVATION FUND - - 200 (200) 00/( 019 EDMONDS OPIOID RESPONSE FUND 50,000 - - 50,000 00/( 104 DRUG ENFORCEMENT FUND 4,520 127 292 4,228 60/, O 111 STREET FUND 2,630,600 120,069 102,407 2,528,193 40/, d 112 COMBINED STREET CONST/IMPROVE 4,946,998 14,713 39,657 4,907,341 10/( ca 117 MUNICIPAL ARTS ACQUIS. FUND 87,776 1,283 4,702 83,074 501( Z _ 120 HOTEL/MOTEL TAX REVENUE FUND 124,371 7,918 9,099 115,272 70/c C 121 EMPLOYEE PARKING PERMIT FUND 38,900 9,050 7,182 31,718 180/( LL 21 122 YOUTH SCHOLARSHIP FUND 1,740 29 128 1,612 70/( t 123 TOURISM PROMOTIONAL FUND/ARTS 44,193 2,799 3,627 40,566 5 80/, C 125 REAL ESTATE EXCISE TAX 2 1,627,900 81,737 94,784 1,533,116 60/c 126 REAL ESTATE EXCISE TAX 1 1,639,520 82,970 108,305 1,531,215 70/, C 127 GIFTS CATALOG FUND 215,830 9,751 22,140 193,690 N 100/c i>-, 130 CEMETERY MAINTENANCE/IMPROVEMT 152,990 23,518 11,561 141,429 80/, M= 136 PARKS TRUST FUND - 303 - - 00/( 137 CEMETERY MAINTENANCE TRUST FD 55,580 4,628 9,790 45,790 180/c 138 SISTER CITY COMMISSION 5,680 37 134 5,546 20/f O sz 140 BUSINESS IMPROVEMENT DISTRICT 79,209 29,798 23,822 55,387 300/, 141 AFFORDABLE AND SUPPORTIVE HOUSING FUND 65,000 7,639 8,397 56,603 130/, 142 EDMONDS RESCUE PLAN FUND 6,550,000 350 1,834,501 4,715,499 _ 280/( v 10 143 TREE FUND 220,930 425 1,646 219,284 1% _ LL 231 2012 LT GO DEBT SERVICE FUND 310,420 - 350 310,070 00/( 332 PARKS CAPITAL CONSTRUCTION FUND 316,240 341 30,104 286,136 100/( r _ 411 COMBINED UTILITY OPERATION - 11,010 12,430 (12,430) 00/( 421 WATER UTILITYFUND 12,314,744 986,743 1,090,370 11,224,374 90/, N 422 STORM UTILITY FUND 8,499,216 471,107 542,348 7,956,868 60/, N 423 SEWER/WWTP UTILITY FUND 20,019,768 1,225,668 1,476,339 18,543,429 70/, R 424 BOND RESERVE FUND 1,996,270 - 2,147 1,994,123 00/, 511 EQUIPMENT RENTAL FUND 2,706,730 192,708 249,620 2,457,110 90/( 512 TECHNOLOGY RENTAL FUND 2,173,664 117,106 181,567 1,992,097 80/c d $ 118,297,871 $ 5,729,932 $ 8,409,447 $ 109,888,424 70/( E 17 Packet Pg. 31 I 7.4.a I Page 1 of 1 CITY OF EDMO NDS EXPENDITURES BY FUND - SUMMARY Fund 2024 Adopted 1/31/2023 1/31/2024 Amount No. Title Budget Expenditures Expenditures Remaining %Spent 001 GENERAL FUND $ 51,892,793 $ 4,868,760 $ 4,652,570 $ 47,240,223 90/( 009 LEOFF-MEDICAL INS. RESERVE 367,140 27,422 25,348 341,792 70/( 014 HISTORIC PRESERVATION GIFT FUND 11,701 - - 11,701 00/c 016 BUILDING MAINTENANCE FUND 1,125,274 81,158 138,032 987,242 120/c 104 DRUG ENFORCEMENT FUND 39,000 - - 39,000 00/c 111 STREET FUND 2,662,492 450,818 340,359 2,322,133 130/c t O 112 COMBINED STREET CONST/IMPROVE 4,699,705 - - 4,699,705 00/, d 117 MUNICIPAL ARTS ACQUIS. FUND 282,880 475 - 282,880 00/c 120 HOTEL/MOTEL TAX REVENUE FUND 131,400 3,222 - 131,400 ca 0% 'v C 121 EMPLOYEE PARKING PERMIT FUND 26,880 - - 26,880 00/c C 122 YOUTH SCHOLARSHIP FUND 3,000 - 75 2,925 3% IL 21 123 TOURISM PROMOTIONAL FUND/ARTS 43,400 780 - 43,400 00/c 125 REAL ESTATE EXCISE TAX 2 2,460,645 7,348 9,268 2,451,377 5 00/, C 126 REAL ESTATE EXCISE TAX 1 1,379,355 - 855 1,378,500 00/c 127 GIFT S CATALOG FUND 618,646 3,731 26,382 592,264 40/, C 130 CEMETERY MAINTENANCE/IMPROVEMT 290,559 32,414 15,594 274,965 N 50/c i>-, 137 CEMETERY MAINTENANCE TRUST FUND 25,000 - - 25,000 00/, M= 138 SISTER CITY COMMISSION 11,900 - - 11,900 00/c 140 BUSINESS IMPROVEMENT DISTRICT 103,545 17 - 103,545 00/c 142 EDMONDS RESCUE PLAN FUND 6,550,000 241,583 1,834,084 4,715,916 28% Q 143 TREE FUND 214,800 - - 214,800 0% 231 2012 LT GO DEBT SERVICE FUND 310,420 - - 310,420 00/, 332 PARKS CAPITAL CONSTRUCTION FUND 139,685 141,463 - 139,685 00/c _ 10 421 WATER UTILITYFUND 13,568,408 688,320 503,314 13,065,094 4% LL 422 STORM UTILITY FUND 8,495,157 409,316 397,818 8,097,339 5% 423 SEWER/WWTP UTILITY FUND 22,720,243 1,340,398 1,373,009 21,347,234 6% 424 BOND RESERVE FUND 1,988,830 - - 1,988,830 00/c 511 EQUIPMENT RENTAL FUND 1,976,212 423,902 148,912 1,827,300 80/( N 512 TECHNOLOGY RENTAL FUND 2,011,076 355,645 450,425 1,560,651 22% N $ 124,150,146 $ 9,076,775 $ 99916,045 $114,234,101 80% R 18 Packet Pg. 32 I 7.4.a I Page 1 of 3 Title TAXES: 1 REAL PERSONAL / PROPERTY TAX 2 EMS PROPERTY TAX 3 VOTED PROPERTY TAX 4 LOCAL RETAIL SALES✓USE TAX 1 5 NATURAL GAS USE TAX 6 1/10 SALESTAX LOCAL CRIM JUST 7 ELECTRIC UTILITY TAX 8 GASUTILITY TAX 9 SOLID WASTE UTILITY TAX 10 WATERUTILITY TAX 11 SEWERUTILITYTAX 12 STORMWATERUTFLIT YTAX 13 T.V. CABLE UTILITY TAX 14 TELEPHONE UTILITY TAX 15 PULLTABS TAX 16 AMUSEMENT GAMES 17 LEASEHOLD EXCISE TAX LICENSES AND PERNUTS: 18 FIRE PERMITS -SPECIAL USE 19 POLICE -FINGERPRINTING 20 VENDING MACHINE/CONCESSION 21 FRANCHISE AGREEMENT-COMCAST 22 FRANCHISE FEE-EDUCATION/GOVERNMENT 23 FRANCHISE AGREEMENT-ZIPLY FIBER 24 OLYMPIC VIEW WATER DISTRICT FRANCHISE 25 GENERAL BUSINESS LICENSE 26 DEV SERV PERMIT SURCHARGE 27 RIGHT OF WAY FRANCHISE FEE 28 BUILDINGPERMITS 29 FIRE PERMIT 30 ENGINEERING PERMIT 31 ANIMAL LICENSES 32 STREET AND CURB PERMIT 33 STREET AND CURB PERMIT W/LEASEHOLD TAX 34 OT R NON -BUS LIC/PERMIT S 35 SPECIAL EVENT REVIEW INTERGO VERNNIENTAL: 36 DOJ 15-0404-0-1-754 - BULLET PROOF VEST 37 HIGH VISIBILITY ENFORCEMENT 38 STATE GRANTS- BUDGET ONLY 39 PUD PRIVILEDGE TAX 40 TRIAL COURT IMPROVEMENT 41 CJ - POPULATION 42 CRIMINAL JUSTICE -SPECIAL PROGRAMS 43 MARIJUANA EXCISE TAX DISTRIBUTION 44 DUI - CITIES 45 FIRE INS PREMIUM TAX 46 LIQUOR EXCISE TAX 47 LIQUOR BOARD PROFITS 48 MISCELLANEOUS INTERLOCAL REVENUE 49 INTERLOCAL GRANTS 50 FIRST RESPONDERS FLEX FUND C ITY O F EDMO NDS REVENUES - GENERAL FUND 2024 Adopted 1/31/2023 Budget Revenues 1/31/2024 Amount Revenues Remaining %Received $ 11,327,000 $ 26,466 $ 15,003 $ 11,311,997 00/( 4,578,000 10,534 6,012 4,571,988 00/( 500 - 1 499 00/( 12,300,000 879,231 975,066 11,324,934 80/( 9,600 - 1,205 8,395 130/( 1,150,000 85,227 84,922 1,065,078 70/( 1,900,000 185,846 - 1,900,000 00/( 895,000 125,375 88,533 806,467 100/( 384,000 30,272 41,273 342,727 110/( 1,047,289 86,092 92,691 954,598 90/( 1,123,814 89,935 101,472 1,022,342 90/( 690,196 41,771 47,430 642,766 70/( 850,000 66,442 65,149 784,851 80/( 773,000 14,206 69,318 703,682 90/( 80,200 19,201 7,969 72,231 100/( 350 - - 350 00% 326,000 0 - 326,000 00% 37,434,949 1,660,598 1,596,045 35,838,904 40% 250 - - 250 00/( 700 75 40 660 60/( 84,500 12,476 6,128 78,372 70/( 702,700 - 165,020 537,680 230/( 41,000 2,796 2,497 38,503 60/( 100,600 - - 100,600 00/( 450,000 101,463 - 450,000 00/( 250,000 24,287 27,400 222,600 110/( 80,000 6,360 9,450 70,550 120/( 30,000 13,962 62,575 (32,575) 2090/( 160,000 32,405 8,194 151,806 501( - - 700 (700) 00/( - - 10,607 (10,607) 00/( 24,000 7,060 2,801 21,199 120/( 50,000 5,830 (330) 50,330 -10/( - - 1,587 (1,587) 00% 20,000 - 1,486 18,514 70% - 1,664 - - 00/( 1,993,750 208,378 298,154 1,695,596 1501( 9,000 - - 9,000 00/( 11,100 - 11,100 00/( 20,000 - 20,000 00/( 210,500 - 210,500 00/( 16,740 - - 16,740 00/( 13,070 3,758 4,002 9,068 310/( 50,600 13,294 14,091 36,509 280/( 125,000 - - 125,000 00/( 4,500 53 1,429 3,071 320/( 75,000 - - 75,000 00/( 325,000 71,223 73,033 251,967 220/( 343,200 - - 343,200 00% - 500 - - 00/( - - 94,684 (94,684) 00% 1,000 - - 1,000 00/( 1,204,710 88,828 187,239 1,017,471 160% 2024 Local Retail Sales/Use Tax revenues are $95,835 higher than 2023 revenues Please also see pages pages 3 & 4. O Q d C M C M t .r C O N 0 N M c ca 19 Packet Pg. 33 I 7.4.a I Page 2 of 3 Title CHARGES FOR GOODS AND SERVICES: 1 RECORD/LEGAL INSTRUMENTS 3 ATM SURCHARGE FEES 4 CREDIT CARD FEES 5 COURT RECORD SERVICES 6 D/M COURT REC SER 7 WARRANT PREPARATION FEE 8 IT TIME PAY FEE 9 MUNIC.-DIST. COURT CURREXPEN 10 CLERKS TIME FOR SALE OF PARKING PERMIT S 12 PHOTOCOPIES 13 POLICE DISCLOSURE REQUESTS 14 ENGINEERING FEES AND CHARGES 15 ELECTION CANDIDATE FILINGFEES 16 CUSTODIAL SERVICES(SNO-ISLE) 17 PASSPORTS AND NATURALIZATION FEES 18 POLICE SERVICES SPECIAL EVENTS 19 CAMPUS SAFETY-EDM. SCH. DIST. 20 WOODWAY-LAW PROTECTION 23 FIRE DISTRICT #1 STATION BILLINGS 24 LEGAL SERVICES 25 ADULT PROBATION SERVICE CHARGE 26 BOOKING FEES 27 FIRE CONSTRUCTION INSPECTION FEES 28 EMERGENCY SERVICE FEES 29 EMS TRANSPORT USER FEE 30 FLEX FUEL PAYMENTS FROM STATIONS 32 ZONING/SUBDIVISION FEE 33 BUILDINGPLAN REVIEW AND INSPECTION 34 FIRE PLAN REVIEW 35 PLANNINGREVIEW AND INSPECTION 36 S.E.P.A. REVIEW 37 ENGINEERING PLAN REVIEW AND INSPECTION 38 CRITICAL AREA STUDY 39 GYM AND WEIGHTROOM FEES 40 PROGRAM FEES 41 HOLIDAY MARKET REGISTRATION FEES 42 UPTOWN EVENING MARKET FEES 43 WINTER MARKET FEES 45 LUNAR NEW YEARS FEES 46 BIRD FEST REGISTRATION FEES 47 INTERFUND REIMBURSEMENT -CONTRACT SVCS CITY OF EDMO NDS REVENUES - GENERAL FUND 2024 Adopted 1/31/2023 1/31/2024 Amount Budget Revenues Revenues Remaining %Received $ 3,000 $ $ 1,295 $ 1,706 430/( 600 16 61 539 100/( 1,000 - 1,000 00/( 150 150 0% 300 300 0% 4,000 - 4,000 00/( 1,000 6 1 999 00/( 50 32 32 18 640/( 25,000 - 25,000 00/( 100 20 80 200/( 1,000 - - 1,000 00/( 190,000 9,238 - 190,000 00/( 1,400 - - 1,400 00/( 80,000 11,605 600 79,400 10/( 70,000 2,380 3,320 66,680 501( 30,000 - - 30,000 00/( 14,000 - - 14,000 00/( 210,970 56,856 - 210,970 00/( 67,000 19,794 - 67,000 00/( 1,050 - - 1,050 00% 38,000 643 509 37,491 10/( 3,000 21 38 2,962 10/( 10,000 1,300 827 9,173 80% 3,500 59 Ill 3,389 30/( 1,200,000 - - 1,200,000 00/( 5,000 303 - 5,000 00% 65,600 12,960 - 65,600 00/( 940,000 40,074 67,186 872,814 70/( 19,000 1,422 1,639 17,361 90/( 50,500 - 8,148 42,352 160/( 6,000 740 - 6,000 00/( 225,000 - 12,103 212,897 501( 14,000 1,705 2,331 11,669 170/( 9,500 1,138 1,315 8,185 140/( 787,792 29,730 54,777 733,015 70/( 5,000 455 140 4,860 30/( 5,000 - - 5,000 00/( 5,000 4,680 4,060 940 810/( - - 740 (740) 00/( 1,000 - - 1,000 00/( 4,027,314 106,755 138,726 3,888,588 30/( 8,120,826 301,913 297,980 7,822,846 40% O Q d c is C LL t .r C O N O N M C ca 20 Packet Pg. 34 1 7.4.a Page 3 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2024 Adopted 1/31/2023 1/31/2024 Amount Title Budget Revenues Revenues Remaining %Received FINES AND PENALTIES: 1 PROOF OF VEHICLE INS PENALTY 2 TRAFFIC INFRACTION PENALTIES 3 NC TRAFFIC INFRACTION 4 TRAFFIC CAMERA INFRACTIONS 5 CRT COST FEE CODE LEG ASSESSMENT (LGA) 6 CURRENT TRAFFIC INFRACTIONS 7 NON -TRAFFIC INFRACTION PENALTIES 8 OTHER INFRACTIONS'04 9 PARKING INFRACTION PENALTIES 10 PARK/INDDISZONE 11 DWI PENALTIES 12 DUI - DP ACCT 13 CRIM CNV FEE DUI 14 DUI - DP FEE 15 CRIMINAL TRAFFIC MISDEMEANOR 8/03 16 CRIMINAL CONVICTION FEE CT 17 CRIM CONV FEE CT 18 OTHER NON-TRAF MISDEMEANOR PEN 19 OTHER NON TRAFFIC MISD. 8/03 20 COURT DV PENALTY ASSESSMENT 21 CRIMINAL CONVICTION FEE CN 22 CRIM CONV FEE CN 23 PUBLIC DEFENSE RECOUPMENT 24 BANK CHARGE FOR CONV. DEFENDANT 25 COURT COST RECOUPMENT 26 BUS. LICENSE PERMIT PENALTY 27 MISC FINES AND PENALTIES MISCELLANEOUS: 28 INVESTMENT INTEREST 29 INTEREST ON COUNTY TAXES 30 INTEREST - COURT COLLECTIONS 31 LOAN INTEREST 32 SPACE/FACILITIESRENTALS 33 BRACKET ROOM RENTAL 34 LEASESLONGTERM 35 DONATION/CONTRIBUTION 36 PARKSDONATIONS 37 BIRD FEST CONTRIBUTIONS 38 POLICE CONTRIBUTIONS FROM PRIV SOURCES 39 SALE OF JUNK/SALVAGE 40 SALES OF UNCLAIM PROPERTY 41 CONFISCATED AND FORFEITED PROPERTY 43 POLICE JUDGMENTS/RESTITUTION 45 OTHER MISC REVENUES 46 SMALL OVERPAYMENT 47 NSF FEES - PARKS & REC 48 NSF FEES - MUNICIPAL COURT 51 US BANK REBAT E TRANSFER IN: 54 TRANSFER FROM 014 55 INTERFUND TRANSFER FROM 016 TOTAL GENERAL FUND REVENUE $ 2,000 $ 151 $ 295 $ 1,705 1501( 130,000 12,824 4,310 125,690 30% 18,000 208 139 17,861 1% 500,000 - - 500,000 00/( 10,000 317 49 9,951 00/( 50,000 - 6,994 43,006 140/( 1,000 - - 1,000 00/( 1,500 108 - 1,500 00/( 125,000 1,370 5,685 119,315 501( 2,000 - 83 1,917 40/( 7,000 297 330 6,670 50% 300 - - 300 00/( 100 - - 100 00/( 1,500 87 164 1,336 110/( 25,000 469 137 24,863 10/( 2,000 84 103 1,897 501( 700 - 2 698 00/( 100 - 100 00/( 12,000 75 - 12,000 00/( 800 - 800 00/( 1,000 13 - 1,000 00/( 200 - - 200 00/( 6,000 480 51 5,949 1% 4,000 477 654 3,346 160/( 1,000 172 25 975 20/( 1,000 - - 1,000 00/( 150 - - 150 00/( 902,350 17,133 19,021 883,329 2% 527,860 19,518 25,378 502,482 501( 22,630 2,560 3,824 18,806 170% 2,430 169 49 2,381 20/( 7,270 - 55,316 (48,046) 7610/( 194,500 1,535 6,290 188,210 30% 2,100 - - 2,100 00/( 219,192 18,869 20,922 198,270 100/( 1,500 - - 1,500 00/( 5,000 500 500 4,500 100/( 1,500 - - 1,500 00/( 5,000 231 4,769 501( 300 - 300 00% 3,800 34 225 3,575 60/( 2,000 - 2,000 00/( 200 - 13 187 70% 5,000 216 21,123 (16,123) 4220% 100 1 - 100 00/( 100 - 30 70 300% 150 - 150 00/( 8,500 - - 8,500 00/( 1,009,132 43,402 133,900 875,232 1301( 5,801 - 5,801 00/( 385,274 385,274 00/( 391,075 - - 391,075 00% $ 51,056,792 $ 2,320,252 $ 2,532,339 $ 48,524,453 50% O Q d C is C LL t C O N 0 N M C R 21 Packet Pg. 35 I 7.4.a I Page 1 of 6 C ITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2024 Adopted 1/31/2023 1/31/2024 Amount Title Budget Expenditures Expenditures Remaining %Spent GENERAL FUND EXPENDITURES (001) 1 SALARIES AND WAGES $ 23,095,383 $ 1,976,003 $ 1,868,992 $ 21,226,391 80X 2 OVERTIME 643,080 75,728 116,684 526,396 180/( 3 HOLIDAY BUY BACK 294,001 - - 294,001 00/( 4 BENEFITS 7,868,408 662,382 740,340 7,128,068 90/( 5 UNIFORMS 126,931 14,473 13,909 113,022 11% 6 PENSION AND DISABILITY PAYMENTS 141,668 7,431 2,932 138,736 20X 7 SUPPLIES 677,285 10,870 13,474 663,811 20X 8 SMALL EQUIPMENT 239,791 5,535 1,388 238,403 10/( 9 PROFESSIONAL SERVICES 10,918,360 1,040,754 414,539 10,503,821 40/( 10 COMMUNICATIONS 236,105 1,967 11,170 224,935 50% 11 TRAVEL 51,187 4,360 695 50,492 10/( 12 EXCISE TAXES 30,000 1,365 2,725 27,275 90X 13 RENTAL/LEASE 3,913,541 218,020 315,916 3,597,625 80X 14INSURANCE 883,686 625,650 910,495 (26,809) 1030X 15 UTILITIES 663,800 55,926 56,826 606,974 90/( 16 REPAIRS&MAINTENANCE 388,300 73,337 81,539 306,761 210/( 17 MISCELLANEOUS 424,867 94,959 66,908 357,959 160X 18 INTERGOVERNMENTAL PAYMENTS 25,000 - - 25,000 00/( 19 INTERFUND SUBSIDIES 650,000 - 650,000 00% 20 BUILDINGS - 34,040 (34,040) 00% 21 PRINCIPAL PAYMENT LEASES 300,000 - 300,000 00/( 22 GENERAL OBLIGATION BOND PRINCIPAL 197,120 - 197,120 00/( 23 INTEREST ON LONG-TERM EXTERNAL DEBT 123,780 - 123,780 00N 24 OTHER INT EREST & DEBT SERVICE COSTS 500 - 500 0°/ 51,892,793 4,868,760 4,652,570 47,240,223 9°/ LEOFF-MEDICAL INS. RESERVE(009) 25 BENEFITS $ 206,650 $ 24,129 $ 22,055 $ 184,595 110/( 26 PENSION AND DISABILITY PAYMENTS 152,990 3,293 3,293 149,697 20/( 27 PROFESSIONAL SERVICES 7,000 - - 7,000 00/( 28 MISCELLANEOUS 500 - - 500 00/( 367,140 27,422 25,348 341,792 70/( HISTORIC PRESERVATION GIFTFUND (014) 29 SUPPLIES $ 100 $ - $ - $ 100 00% 30 PROFESSIONAL SERVICES 200 - 200 00/( 31 MISCELLANEOUS 5,600 - 5,600 00% 32 INTERFUND SUBSIDIES 5,801 - 5,801 00/( S 11,701 S - 11,701 00% BUILDING MAINTEVANCEFUND (016) 33 PROFESSIONAL SERVICES $ - S $ 138,529 $ (138,529) $ - 34 REPAIR&MAINTENANCE 740,000 81,158 - 740,000 00/( 35 INTERFUND SUBSIDIES 385,274 - - 385,274 00% 36 CONST RUCT IONS P ROJECT S - - (497) 497 00/( 1,125,274 81,158 138,032 987,242 120% DRUG ENFORCEMIENTFUND (104) 37 SMALL EQUIPMENT $ 39,000 $ - $ - $ 39,000 00% 39,000 - 39,000 00% E O lZ d C R C LL 21 t C O N 0 N L C ca 22 Packet Pg. 36 I 7.4.a I Page 2 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2024 Adopted 1/31/2023 1/31/2024 Amount Title Budget Expenditures Expenditures Remaining %Spent STREETFUND (111) 1 SALARIES AND WAGES $ 974,440 $ 224,815 $ 83,744 $ 890,696 90/( 2 OVERTIME 38,400 4,014 5,827 32,573 1501( 3 BENEFITS 444,582 61,857 36,399 408,183 80/( 4 UNIFORMS 6,000 - 1,768 4,232 290% 5 SUPPLIES 263,000 1,407 6,685 256,315 30/( 6 SMALL EQUIPMENT 90,000 - - 90,000 00/( 7 PROFESSIONAL SERVICES 23,210 4,184 34 23,176 00/( 8 COMMUNICATIONS 4,500 128 557 3,943 120/( 9 TRAVEL 1,000 - - 1,000 00/( 10 RENTAL/LEASE 311,630 25,244 25,815 285,815 80/( 11 INSURANCE 167,350 126,467 172,427 (5,077) 1030/( 12 UTILITIES 273,730 2,703 3,633 270,097 10% 13 REPAIRS & MAINTENANCE 52,000 - 2,044 49,956 40% 14 MISCELLANEOUS 8,000 1,427 6,573 180/( 15 GENERAL OBLIGATION BOND PRINCIPAL 4,420 - 4,420 00% 16INTEREST 230 230 00% $ 2,662,492 $ 450,818 $ 340,359 $ 2,322,133 130% COMBINED STREEI'CONST/IMPROVE(112) 17 PROFESSIONAL SERVICES $ 3,319,856 $ - $ $ 3,319,856 00/( 18 REPAIRS&MAINTENANCE 541,167 541,167 00% 19 INTERFUND SUBSIDIES 320,002 320,002 00/( 20 LAND 375,000 375,000 00/( 21 CONSTRUCTION PROJECTS 89,000 89,000 00/( 22 INTERGOVERNMENTAL LOANS 54,070 54,070 00/( 23 INTEREST 610 - 610 00/( $ 4,699,705 $ - $ - $ 4,699,705 00/1 MUNIC IPAL ARTS AC Q UIS. FUND (117) 24 SUPPLIES $ 4,700 $ 475 $ - $ 4,700 00% 25 SMALL EQUIPMENT 1,700 - - 1,700 00% 26 PROFESSIONAL SERVICES 266,500 - 266,500 00% 27 TRAVEL 80 - 80 00/( 28 RENTAL/LEASE 3,000 - 3,000 00% 29 REPAIRS & MAINTENANCE 300 - 300 00/( 30 MISCELLANEOUS 6,600 - - 6,600 00% $ 282,880 $ 475 $ - $ 282,880 00% HO TELIMO TEL TAX REVENUE FUND (120) 31 PROFESSIONAL SERVICES $ 127,400 $ 3,222 $ - $ 127,400 00/( 32 INTERFUND SUBSIDIES 4,000 - - 4,000 00/( $ 131,400 $ 3,222 $ - $ 131,400 00% EMPLOYEE PARKING PERMIT FUND (121) 33 SUPPLIES $ 1,790 $ - $ - $ 1,790 00/( 34 PROFESSIONAL SERVICES 25,090 - 25,090 00/( $ 26,880 $ $ - $ 26,880 00% YOUTH SCHOLARSHIP FUND (122) 35 MISCELLANEOUS $ 3,000 $ $ 75 $ 2,925 30/( $ 3,000 $ $ 75 $ 2,925 30/( TO URIS M PRO MO TIO NAL FUND/ARTS (123) 36 PROFESSIONAL SERVICES $ 43,400 $ 780 $ - $ 43,400 00% $ 43,400 $ 780 $ $ 43,400 00/( O sZ d d' 0 C R C LL t C O 2 Iq N O N M C to 23 Packet Pg. 37 I 7.4.a I Page 3 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2024 Adopted 1/31/2023 1/31/2024 Amount Title Budget Expenditures Expenditures Remaining %Spent REAL ESTATE EXCISE TAX 2 (125) 1 PROFESSIONAL SERVICES $ 760,293 $ - $ 2,685 $ 757,608 00% 2 REPAIRS&MAINTENANCE 1,132,992 7,348 5,928 1,127,064 1% 3 INTERFUND SUBSIDIES 1,060 - - 1,060 00/( 4 CONSTRUCTION PROJECTS 566,300 - 655 565,645 00/( $ 2,460,645 $ 7,348 $ 9,268 $ 2,451,377 00% REAL ESTATE EXCISE TAXI (126) 5 PROFESSIONAL SERVICES 6 REPAIRS & MAINTENANCE 7 INTERFUND SUBSIDIES 8 GENERAL OBLIGATION BONDS 9 INTEREST GIFTS CATALOG FUND (127) 10 SALARIESAND WAGES I OVERTIME 12 BENEFIT S 13 UNIFORMS 14 SUPPLIES 15 SMALL EQUIPMENT 16 PROFESSIONAL SERVICES 17 RENTAL/LEASE 18 MISCELLANEOUS 19 INTERFUND SUBSIDIES CEMETERY MAINTENANC F/IMPRO VEIVI ENT (130) 20 SALARIES AND WAGES 21 OVERTIME 22 BENEFIT S 23 UNIFORMS 24 SUPPLIES 25 SUPPLIES PURCHASED FOR INVENTORY/RESALE 26 PROFESSIONAL SERVICES 27 COMMUNICATIONS 28 TRAVEL 29 RENTAL/LEASE 30 UTILITIES 31 REPAIRS & MAINTENANCE 32 MISCELLANEOUS CE EIERYMAINTENANCETRUSTFUND(137) 33 SMALL EQUIPMENT SISTER CITY COMMISSION (138) 34 SUPPLIES 35 TRAVEL 36 MISCELLANEOUS BUSINESS IMPROVEMENTDISTRICTFUND (140) 37 SUPPLIES 38 PROFESSIONAL SERVICES 39 MISCELLANEOUS EDMONDS RESCUEPLAN FUND (142) 40 PROFESSIONAL SERVICES TREE FUND (143) 41 SUPPLIES 42 PROFESSIONAL SERVICES 43 LAND $ 295,291 $ $ 855 $ 294,436 00% 680,288 - 680,288 00% 141,026 - 141,026 00% 165,700 - 165,700 00/( 97,050 - 97,050 00% $ 1,379,355 $ $ 855 $ 1,378,500 00X $ 269,146 $ $ 16,046 $ 253,100 60% - - - 0% 127,000 6,469 120,531 501( 2,240 - 2,240 00/( 170,000 2,272 2,478 167,522 10% 500 - - 500 00% 32,500 - - 32,500 00/( 16,660 1,459 1,388 15,272 80/( 600 - - 600 00% - - - - 0% $ 618,646 $ 3,731 $ 26,382 $ 592,264 4% $ 152,092 $ 23,988 $ 10,101 $ 141,991 70% 3,500 - 234 3,266 70% 82,132 6,277 1,627 80,505 20/( 1,120 - - 1,120 00% 7,000 164 1,765 5,235 250/( 20,000 - 1,006 18,994 501( 4,200 793 - 4,200 00/( 1,700 144 144 1,556 80/( 500 - - 500 00/( 8,250 795 709 7,541 90/( 5,565 253 9 5,556 00X 500 - - 500 00/( 4,000 - - 4,000 00/( $ 290,559 $ 32,414 $ 15,594 $ 274,965 501( $ 25,000 $ $ $ 25,000 00/( $ 25,000 $ $ $ 25,000 00% $ 1,500 $ $ $ 1,500 00/( 4,500 4,500 00% 5,900 5,900 00/( $ 11,900 $ $ $ 11,900 00/( $ 10,750 $ $ $ 10,750 00% 88,425 88,425 00% 4,370 17 4,370 00/( 103,545 17 103,545 $ 6,550,000 $ 241,583 $ 1,834,084 $ 4,715,916 280/( 6,550,000 241,583 1,834,084 4,715,916 280% $ 1,000 $ $ - $ 1,000 00/( 14,800 - 14,800 00% 199,000 - 199,000 00/( 214,800 - 214,800 00% O sZ d ca C R C LL 21 t C O 2 N O N C M C to 24 Packet Pg. 38 Page 4 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2024 Adopted 1/31/2023 1/31/2024 Amount Title Budget Expenditures Expenditures Remaining %Spent 2012 LTGO DEBT SERVIC FUND (231) 1 GENERAL OBLIGATION BOND $ 240,000 $ $ - $ 240,000 00/( 2 INTEREST 70,420 - 70,420 00% $ 310,420 $ $ - $ 310,420 00% PARKS CONSTRUCTION FUND (332) 3 PROFESSIONAL SERVICES 4 CONSTRUCTION PROJECTS 5 GENERAL OBLIGATION BONDS 6 INTEREST WATER FUND (421) 7 SALARIES AND WAGES 8 OVERTIME 9 BENEFIT S 10 UNIFORMS 11 SUPPLIES 12 WATER PURCHASED FOR RESALE 13 SUPPLIES PURCHASED FOR INVENTORY/RESALE 14 SMALL EQUIPMENT 15 PROFESSIONAL SERVICES 16 COMMUNICATIONS 17 TRAVEL 18 EXCISE TAXES 19 RENTAL/LEASE 20INSURANCE 21 UTILITIES 22 REPAIRS & MAINTENANCE 23 MISCELLANEOUS 24 INTERFUND SUBSIDIES 25 CONSTRUCTION PROJECTS 26 GENERAL OBLIGATION BONDS 27 REVENUE BONDS 28 INTERGOVERNMENTAL LOANS 29 INTEREST S TO RM FUND (422) 30 SALARIES AND WAGES 31 OVERTIME 32 BENEFIT S 33 UNIFORMS 34 SUPPLIES 35 SMALL EQUIPMENT 36 PROFESSIONAL SERVICES 37 COMMUNICATIONS 38 TRAVEL 39 EXCISE TAXES 40 RENTAL/LEASE 41 INSURANCE 42 UTILITES 43 REPAIR & MAINTENANCE 44 MISCELLANEOUS 45 INTERFUND SUBSIDIES 46 CONSTRUCTION PROJECTS 47 GENERAL OBLIGATION BONDS 48 REVENUE BONDS 49 INTERGOVERNMENTAL LOANS 50 INTEREST $ - $ 2,938 $ - $ - 0 39,535 138,526 - 39,535 00/( 55,000 - - 55,000 00% 45,150 - - 45,150 00/( $ 139,685 $ 141,463 $ $ 139,685 00/( $ 1,126,709 $ 167,623 $ 71,935 $ 1,054,774 60/( 24,000 253 2,814 21,186 120/( 505,643 43,274 35,399 470,244 70/( 4,000 551 1,311 2,689 330/( 150,000 227 8,308 141,692 60/( 2,398,000 - - 2,398,000 00/( 180,000 11,871 19,471 160,529 11 % 22,460 - - 22,460 00/( 2,707,750 28,111 43,408 2,664,342 20/( 35,000 1,095 2,633 32,367 80/( 200 - - 200 00/( 1,487,289 118,468 125,737 1,361,552 80/( 189,052 15,339 15,428 173,624 80/( 135,625 225,379 139,740 (4,115) 1030/( 35,000 2,993 3,574 31,426 100/( 216,130 11,338 10,508 205,622 501( 203,600 14,514 23,049 180,551 110/( 642,130 - - 642,130 00/( 2,955,000 47,283 - 2,955,000 00/( 2,970 - - 2,970 00/( 353,590 - 353,590 00/( 25,840 - 25,840 00/( 168,420 - - 168,420 00/( $ 13,568,408 $ 688,320 $ 503,314 $ 13,065,094 40/( $ 1,013,672 $ 198,434 $ 104,456 $ 909,216 100% 26,000 1,415 150 25,850 10/( 413,048 51,177 33,425 379,623 80/( 6,500 - 2,118 4,382 330/( 46,000 1,000 801 45,199 20/( 4,000 - - 4,000 00/( 3,200,481 27,176 34,811 3,165,670 10/( 3,200 24 467 2,733 1501( 4,300 - - 4,300 00/( 754,196 47,866 53,689 700,507 70/( 314,693 23,976 25,762 288,931 80/( 110,972 31,680 114,339 (3,367) 1030/( 13,125 1,603 2,016 11,109 1501( 289,130 10,796 10,508 278,622 40/( 240,300 14,169 15,277 225,023 60/( 279,560 - - 279,560 00/( 1,345,000 - 1,345,000 00/( 108,240 - 108,240 00/( 168,500 - 168,500 00/( 61,600 - 61,600 00/( 92,640 - - 92,640 00/( $ 8,495,157 $ 409,316 $ 397,818 $ 8,097,339 501( 25 Packet Pg. 39 7.4.a Page 5 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2024 Adopted 1/31/2023 1/31/2024 Amount Title Budget Expenditures Expenditures Remaining %Spent SEWER FUND (423) 1 SALARIES AND WAGES $ 3,111,357 $ 440,524 $ 259,732 $ 2,851,625 80% 2 OVERTIME 130,000 23,412 18,966 111,034 150% 3 BENEFITS 1,199,819 122,066 93,702 1,106,117 80% 4 UNIFORMS 11,500 888 1,601 9,899 140% 5 SUPPLIES 571,500 46,146 15,224 556,276 30% 6 FUEL CONSUMED 20,000 - - 20,000 00% 7 SUPPLIES PURCHASED FOR INV OR RESALE 5,000 - - 5,000 00% 8 SMALL EQUIPMENT 75,000 642 - 75,000 00% 9 PROFESSIONAL SERVICES 4,811,500 93,468 76,216 4,735,284 20% 10 COMMUNICATIONS 48,000 1,476 3,309 44,691 70% 11 TRAVEL 5,000 - - 5,000 00% 12 EXCISE TAXES 1,338,814 105,265 119,748 1,219,066 90% 13 RENTAL/LEASE 438,031 25,451 35,861 402,170 80/( 14 INSURANCE 553,988 360,663 570,794 (16,806) 1030/( 15 UTILITIES 1,972,060 74,201 81,190 1,890,870 40/( 16 REPAIR& MAINTENANCE 600,630 19,061 65,067 535,563 110/( 17 MISCELLANEOUS 338,350 27,134 31,597 306,753 90/( 18 INTERFUND SUBSIDIES 3,066,814 - - 3,066,814 00/( 19 MACHINERY/EQUIPMENT 1,580,000 - 1,580,000 00/( 20 CONSTRUCTION PROJECTS 2,202,000 - 2,202,000 00/( 21 GENERAL OBLIGATION BONDS 130,980 - 130,980 00% 22 REVENUE BONDS 57,930 - 57,930 00% 23 INTERGOVERNMENTAL LOANS 104,730 - 104,730 00% 24INTEREST 347,240 - - 347,240 00/( $ 22,720,243 $ 1,340,398 $ 1,373,009 $ 21,347,234 60/( BOND RESERVE FUND (424) 25 REVENUE BONDS $ 875,020 $ - $ - $ 875,020 00/( 26 INTEREST 1,113,810 - 1,113,810 00% $ 1,988,830 $ $ - $ 1,988,830 0% 26 Packet Pg. 40 7.4.a Page 6 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2024 Adopted 1/31/2023 1/31/2024 Amount Title Budget Expenditures Expenditures Remaining %Spent EQ UIPMENT RENTAL FUND (511) 1 SALARIES AND WAGES $ 425,142 $ 75,618 $ 36,332 $ 388,810 90/( 2 OVERTIME 2,000 - - 2,000 00% 3 BENEFITS 155,443 18,292 13,058 142,385 80% 4 UNIFORMS 1,500 80 65 1,435 40% 5 SUPPLIES 149,120 2,146 8,366 140,754 60% 6 FUEL CONSUMED 1,000 - - 1,000 00/( 7 SUP P LIES PURCHASED FOR INVENT ORY/RE SALE 458,880 50,024 7,635 451,245 20/( 8 SMALL EQUIPMENT 58,000 - - 58,000 00/( 9 PROFESSIONAL SERVICES 47,500 192 138 47,362 00/( 10 COMMUNICATIONS 3,000 138 346 2,654 120N 11 TRAVEL 1,000 - - 1,000 00/( 12 RENTAL/LEASE 16,830 1,399 1,343 15,487 80% 13 INSURANCE 70,797 50,178 72,881 (2,084) 1030% 14 UTILITIES 24,000 2,681 2,793 21,207 120/( 15 REPAIRS & MAINTENANCE 60,000 3,851 5,320 54,680 90/( 16 MISCELLANEOUS 12,000 623 635 11,365 501( 17 MACHINERY/EQUIPMENT 490,000 218,681 - 490,000 00/( $ 1,976,212 S 423,902 $ 148,912 $ 1,827,300 80/( TECHNOLOGY RENTAL FUND (512) 18 SALARIES AND WAGES $ 654,329 $ 40,955 $ 48,279 $ 606,050 70% 19 OVERTIME 2,000 - - 2,000 00% 20 BENEFITS 226,298 12,215 19,193 207,105 80% 21 SUPPLIES 5,000 78 126 4,874 30/( 22 SMALL EQUIPMENT 220,300 (1,447) 8,750 211,550 40/( 23 PROFESSIONAL SERVICES 61,860 - - 61,860 00% 24 COMMUNICATIONS 58,770 4,213 2,952 55,818 501( 25 TRAVEL 1,500 - - 1,500 00/( 26 RENTAL/LEASE 5,190 137 183 5,008 40% 27 REPAIRS & MAINTENANCE 664,229 299,495 370,941 293,288 560% 28 MISCELLANEOUS 55,600 - - 55,600 00% 29 MACHINERY/EQUIPMENT 56,000 - - 56,000 00/( $ 2,011,076 $ 355,645 $ 450,425 $ 1,560,651 220/( TOTAL EXPENDITURE ALL FUNDS $ 124,150,146 $ 9,076,775 $ 9,916,045 $ 114,234,101 80% O Q d C R C LL t C O N O N O C R 27 Packet Pg. 41 7.4.a Page 1 of 1 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENTIN SUMMARY 2024 Adopted 1/31/2023 1/31/2024 Amount Title Budget Expenditures Expenditures Remaining %Spent CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT ADMINISTRATIVE SERVICES CITY ATTORNEY NON -DEPART MENTAL POLICE SERVICES SATELLITE OFFICE COMMUNITY SERVICES/ECONOMIC DEV PLANNING& DEVELOPMENT HUMAN SERVICES PROGRAM PARKS & RECREATION PUBLIC WORKS FACILITIES MAINTENANCE $ 479,286 $ 33,649 $ 40,574 $ 438,712 8% 490,875 32,343 33,901 456,974 7% 1,222,438 93,116 129,960 1,092,478 11% 1,811,176 114,975 136,698 1,674,478 8% 2,825,453 253,437 274,596 2,550,857 10% 0 O Q 1,161,780 24,570 - 1,161,780 0% 6,857,495 1,642,894 1,244,387 5,613,108 18% 17,478,540 1,041,369 1,320,779 16,157,761 8% C 172,105 8,786 11,538 160,567 7% IL 2, 1,162,045 84,200 84,711 1,077,334 7% t 4,251,605 286,492 269,177 3,982,428 6% 5 C O 320,940 11,995 13,526 307,414 4% N 6,520,597 589,720 453,277 6,067,320 7% N 4,500,279 316,193 358,635 4,141,644 8% 2,638,179 335,018 280,811 2,357,368 11% ca $ 51,892,793 $ 4,868,760 $ 4,652,570 $ 47,240,223 9% 71' C ITY O F EDMO NDS EXPENDITURES - UTILITY- BY FUND IN SUMMARY Title 2024 Adopted Budget 1/31/2023 Expenditures 1/31/2024 Expenditures Amount Remaining % Spent WATER UTILITY FUND $ 13,568,408 $ 688,320 $ 503,314 $ 13,065,094 4% STORM UTILITY FUND 8,495,157 409,316 397,818 8,097,339 5% SEWER/WWTP UTILITY FUND 22,720,243 1,340,398 1,373,009 21,347,234 6% BOND RESERVE FUND 1,988,830 - - 1,988,830 0% $ 46,772,638 $ 2,438,035 $ 2,274,141 $ 44,498,497 5% 28 Packet Pg. 42 I 7.4.a I Page 1 of 2 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title 2024 Adopted Budget 1/31/2023 Expenditures 1/31/2024 Expenditures Amount Remaining %Spent C TIY C O UNC IT, SALARIES AND WAGES $ 253,724 $ 18,593 $ 21,296 $ 232,428 8% BENEFITS 106,715 8,644 14,970 91,745 14% SUPPLIES 1,462 69 81 1,381 6% SERVICES 117,385 6,342 4,227 113,158 4% $ 479,286 $ 33,649 $ 40,574 $ 438,712 8% OFFICEOFMAYOR SALARIES AND WAGES $ 302,809 $ 21,423 $ 23,423 $ 279,386 8% BENEFITS 96,402 7,476 7,629 88,773 8% SUPPLIES 1,097 265 104 993 9% SERVICES 90,567 3,179 2,744 87,823 3% $ 490,875 $ 32,343 $ 33,901 $ 456,974 7% HUMAN RESOURCES SALARIES AND WAGES $ 752,306 $ 43,217 $ 53,124 $ 699,182 7% BENEFITS 241,822 15,560 20,351 221,471 8% SUPPLIES 10,026 - 172 9,854 2% SERVICES 218,284 34,340 56,313 161,971 26% $ 1,222,438 $ 93,116 $ 129,960 $ 1,092,478 11% MUNIC IPAL C O URT SALARIES AND WAGES $ 1,137,525 $ 80,791 $ 84,316 $ 1,053,209 7% BENEFITS 349,462 25,506 28,789 320,673 8% SUPPLIES 11,600 - - 11,600 0% SERVICES 312,589 8,677 23,592 288,997 8% $ 1,811,176 $ 114,975 $ 136,698 $ 1,674,478 8% ADMINISTRATIVE SERVICES SALARIES AND WAGES $ 1,886,891 $ 134,674 $ 142,090 $ 1,744,801 8% BENEFITS 539,701 39,141 45,251 494,450 8% SUPPLIES 11,965 105 1,539 10,426 13% SERVICES 386,896 79,518 85,716 301,180 22% $ 2,825,453 $ 253,437 $ 274,596 $ 2,550,857 10% CITY ATTORNEY SERVICES $ 1,161,780 $ 24,570 $ - $ 1,161,780 0% $ 1,161,780 $ 24,570 $ $ 1,161,780 0% NON -DEPARTMENTAL SALARIES AND WAGES $ (2,100,000) $ - $ - $ (2,100,000) 0% BENEFITS (805,332) 16,905 4,628 (809,960) 0% SUPPLIES 5,000 - - 5,000 0% SERVICES 8,761,427 1,625,989 1,239,759 7,521,668 14% INTERFUND SUBSIDIES 675,000 - - 675,000 0% DEBT SERVICE - PRINCIPAL 197,120 - 197,120 0% DEBT SERVICE -INTEREST 124,280 124,280 0% $ 6,857,495 $ 1,642,894 $ 1,244,387 $ 5,613,108 18% PO LIC E SERVIC E5 SALARIES AND WAGES $ 11,085,782 $ 667,834 $ 834,888 $ 10,250,894 8% BENEFITS 3,799,900 245,766 317,002 3,482,898 8% SUPPLIES 276,426 1,852 2,161 274,265 1% SERVICES 2,016,432 125,917 166,728 1,849,704 8% DEBT SERVICE - PRINCIPAL 300,000 300,000 0% $ 17,478,540 $ 1,041,369 $ 1,320,779 $ 16,157,761 8% SATELLITE O FFIC E SALARIES AND WAGES $ 45,689 $ 3,640 $ 3,807 $ 41,882 8% BENEFITS 31,570 692 2,844 28,726 9% SUPPLIES 12,000 - - 12,000 0% SERVICES 82,846 4,454 4,886 77,960 6% $ 172,105 $ 8,786 $ 11,538 $ 160,567 7% O Q d d' C R C LL 21 t C O N O N O C ca 29 Packet Pg. 43 1 I 7.4.a I Page 2 of 2 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2024 Adopted 1/31/2023 1/31/2024 Amount Title Budget Expenditures Expenditures Remaining %Spent COMMUNITY SERVICES/EC0N DEV. SALARIES AND WAGES $ 673,413 $ 52,358 $ 56,531 $ 616,882 8% BENEFITS 168,009 13,447 16,770 151,239 10% SUPPLIES 233 - 72 161 31% SERVICES 320,390 18,396 11,338 309,052 4% $ 1,162,045 $ 84,200 $ 84,711 $ 1,077,334 7% PLANNING & DEVELOPMENT SALARIES AND WAGES $ 2,394,050 $ 182,385 $ 166,784 $ 2,227,266 7% BENEFITS 870,471 64,899 63,741 806,730 7% SUPPLIES 15,879 171 - 15,879 0% SERVICES 971,205 39,038 38,652 932,553 4% $ 4,251,605 $ 286,492 $ 269,177 $ 3,982,428 6% HUMAN SERVICES PROGRAM SALARIES AND WAGES $ 121,472 $ 9,290 $ 10,203 $ 111,269 8% BENEFITS 34,330 2,670 3,107 31,223 9% SUPPLIES 10,968 - - 10,968 0% SERVICES 154,170 35 217 153,953 0% 320,940 11,995 13,526 307,414 40/. PARKS & RECREATION SALARIES AND WAGES $ 3,394,355 $ 403,588 $ 256,349 $ 3,138,006 870 BENEFITS 1,200,364 109,575 104,654 1,095,710 9% SUPPLIES 433,980 3,630 5,797 428,183 1% SERVICES 1,491,898 72,926 86,477 1,405,421 6% $ 6,520,597 $ 589,720 $ 453,277 $ 6,067,320 7% PUBLIC WORKS ADMINISTRATION SALARIES AND WAGES $ 422,973 $ 34,412 $ 46,434 $ 376,540 11% BENEFITS 128,003 10,535 15,259 112,744 12% SUPPLIES 8,740 2,684 635 8,105 7% SERVICES 162,710 7,144 13,227 149,483 8% $ 722,426 $ 54,775 $ 75,554 $ 646,872 10% FACILITIES MAINTENANCE SALARIES AND WAGES 1,132,741 217,058 99,554 1,033,187 9% BENEFITS 488,518 59,632 41,977 446,541 9% SUPPLIES 115,500 7,629 4,301 111,199 4% SERVICES 901,420 50,699 100,940 800,480 11% MACHINERY/EQUIPMENT 34,040 (34,040) 0% $ 2,638,179 $ 335,018 $ 280,811 $ 2,357,368 11% ENGINEERING SALARIES AND WAGES $ 2,528,734 $ 182,468 $ 186,877 $ 2,341,857 7% BENEFITS 887,072 63,838 70,208 816,864 8% SUPPLIES 2,200 - - 2,200 0% SERVICES 359,847 15,113 25,996 333,851 7% $ 3,777,853 $ 261,418 $ 283,081 $ 3,494,772 7% TOTAL GENERAL FUND EXPENDITURES $ 51,892,793 $ 4,868,760 $ 4,652,570 $ 47,240,223 9% O Q d d' ca C R C LL t C O N O N O C ca 30 Packet Pg. 44 7.4.a GENERAL FUND SUBFUNDS OVERVIEW BALANCES CHANGE IN FUND BALANCES GENERAL FUND ---- ESTIMATES ---- ---- ACTUAL ---- SUBFUNDS 1 /31 /2024 1 /31 /2024 Q1 YTD Fund Balance Cash Balance 009-Leoff-Medical Ins. Reserve 123,405 123,405 (25,348 011-Risk Management Reserve Fund - - - O CL 012-Contingency Reserve Fund 2,228,672 2,228,672 - 014-Historic Preservation Gift Fund 8,944 8,944 - 016-Building Maintenance 3,681,471 3,681,471 (128,572 017 - Marsh Restoration & Preservation 853,795 853,795 200= ii 018 - Edmonds Homelessness Response Fd 200,000 200,000 - >+ 019 - Opioid Response Fund 74,119 74,119 s - Total General Fund Subfunds $ 7,170,406 $ 7,170,406 $ - $ (153,719 0 N O N There are no interfund loans outstanding at this time. 3 C fE GOVERNMENTAL FUNDS OVERVIEW o CL BALANCES CHANGE IN FUND BALANCES ii 21 ---- ESTIMATES ---- ---- ACTUAL ---- GOVERNMENTAL FUNDS 1 /31 /2024 1 /31 /2024 Q1 YTD o Fund Balance Cash Balance 2 N General Fund Subfunds $ 7,170,406 $ 7,170,406 $ (153,719 N Special Revenue 13,768,651 20,079,880 55,556 3 Capital Projects - Fund 332 168,037 159,273 30,104 = c� Total $ 21,107,094 $ 27,409,559 $ - $ (68,060, r c d E s ca Q Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 31 Packet Pg. 45 7.4.a SPECIAL REVENUE FUNDS OVERVIEW BALANCES CHANGE IN FUND BALANCES GOVERNMENTAL ---- ESTIMATES ---- ---- ACTUAL ---- SPECIAL REVENUE 1/31/2024 1/31/2024 Q1 YTD Fund Balance Cash Balance 104 - Drug Enforcement Fund $ 40,610 $ 40,610 $ 292 111 - Street Fund (376,998) (345,917) (237,952 o 112 - Combined Street Const/Improve 1,853,251 1,218,217 39,657 CL � 117 - Municipal Arts Acquis. Fund 653,483 653,483 4,702 120 - Hotel/Motel Tax Revenue Fund 142,482 142,482 9,099 121 - Employee Parking Permit Fund 89,919 89,919 7,182 m 122 -Youth Scholarship Fund 17,691 17,766 53 ii 123-Tourism Promotional Fund/Arts 134,817 134,817 3,627 s 125 - Real Estate Tax 2,059,779 2,111,199 85,516 c 126 - Real Estate Excise Tax 1 * 4,014,080 4,014,080 107,450 2 127 - Gifts Catalog Fund 3,095,630 3,095,630 (4,242 N 130 - Cemetery Maintenance/Improvement 189,541 189,561 (4,033 N 137 - Cemetery Maintenance Trust Fund 1,206,330 1,206,330 9,790 138 - Sister City Com m ission 18,571 18,571 134 140 -Business Improvement Disrict 62,170 62,170 23,822 141 -Affordable and Supportive Housing Fd 309,127 309,127 8,397 142 - Edmonds Rescue Plan Fund 37,349 6,901,015 417 oo 143 -Tree Fund 220,820 220,820 1,646 CL Q Total Special Revenue $ 13,768,651 $ 20,079,880 $ - $ 55,556 *$200,000 of the fund balance in Fund 126 has been reserved for Marsh Restoration Funding, as well as $1,000,000 for the purchase of Open Space. ii ENTERPRISE FUNDS OVERVIEW '' 0 2 N O N BALANCES CHANGE IN FUND BALANCES 2_1 ---- ESTIMATES ---- ---- ACTUAL ---- 3 ENTERPRISE FUNDS 1/31/2024 1/31/2024 Q1 YTD Fund Balance Cash Balance d 421 -Water Utility Fund $ 33,272,522 $ 10,373,086 $ 587,057 422 - Storm Utility Fund " 18,810,709 6,863,386 144,529 423 - Sewer/WWTP Utility Fund 61 ,366,899 15,265,882 103,330 Q 424 - Bond Reserve Fund 864,341 864,341 2,147 411 -Combined Utility Operation 12,430 70,425 12,430 Total Enterprise Funds $ 114,326,901 $ 33,437,120 $ - $ 849,493 *$250,000 of the Storm Utility Fund Balance has been reserved for Marsh Restoration Funding. *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 32 Packet Pg. 46 7.4.a INTERNAL SERVICE FUNDS OVERVIEW BALANCES CHANGE IN FUND BALANCES INTERNAL SERVICE ---- ESTIMATES ---- ---- ACTUAL ---- FUNDS 1 /31 /2024 1 /31 /2024 Q1 YTD Fund Balance Cash Balance 511 -Equipment Rental Fund $ 9,584,878 $ 5,298,063 $ 100,707 Q 512 -Technology Rental Fund 465,059 169,176 (268,858 am W Total Internal Service Funds $ 10,049,937 $ 5,467,239 $ - $ (168,150 t� c M c ii A s r c O 2 N O N M 3 C O Q O ca C C LL 21 t C O 2 N O N R 3 C R r C d E t t� R Q *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 33 Packet Pg. 47 I 7.4.a I INVESTMENT PORTFOLIO SUMMARY City of Edmonds Investment Portfolio Detail As of January 31, 2024 Years Agency/ Investment Purchase to Par Market Maturity Coupon Issuer Type Price Maturity Value Value Date Rate FHLB Bonds 954,866 0.19 1,000,000 990,515 04/10/24 0.35% FM Bonds 996,082 0.38 1,000,000 990,360 06/17/24 2.80% FNMA Bonds 992,693 0.42 1,000,000 985,417 07/02/24 1.75% FFCB Bonds 1,960,906 0.62 2,000,000 1,980,007 09/13/24 3.50% FHLB Bonds 950,774 0.80 1,000,000 966,143 11/18/24 0.90% Spokane County WA Bonds 207,260 0.84 200,000 195,326 12/01/24 2.10% First Financial - Waterfront Center CD 245,000 0.91 245,000 245,000 12/27/24 2.47% FHLMC Bonds 974,798 1.12 1,000,000 988,290 03/13/25 3.75% Farmer Mac Bonds 1,995,088 1.21 2,000,000 1,987,416 04/17/25 4.25% FHLB Bonds 969,524 1.49 1,000,000 986,091 07/28/25 3.60% US Treasury Note Note 964,597 1.54 1,000,000 979,414 08/15/25 3.13% FFCB Bonds 1,982,692 1.85 2,000,000 1,986,639 12/08/25 4.13% Farmer Mac Bonds 1,994,172 2.01 2,000,000 1,984,322 02/02/26 3.95% FHLMC Bonds 993,661 2.47 1,115,000 1,020,976 07/22/26 0.83% Farmer Mac Bonds 2,057,309 2.80 2,305,000 2,117,373 11/17/26 1.15% First Financial - ECA CD 2,803,516 3.79 2,803,516 2,803,516 11/15/27 2.96% TOTAL SECURITIES 21,042,939 1.40 21,668,516 21,206,805 Washington State Local Gov't Investment Pool 27,481,195 27,481,195 Demand 5.42% Snohomish County Local Gov't Investment Pool 11,529,768 11,529,768 Demand 2.44% TOTAL PORTFOLIO $ 60,679,479 $ 60,217,768 Issuer Diversification First Financial- Spokane Farmer CD, 14% County WA, 1% Mac, 29% FFCB, 18% FHLMC, 10% F Cash and Investment Balances (in $ Millions) Checking, $5.61, 8% Note, $1.00, 2% Bonds, $17.62 , CD's, $3.05 27% 5% State LGIP, $27.48 , County 41% LGIP, $11.53 , 17% 34 Packet Pg. 48 1 INVESTMENT PORTFOLIO SUMMARY 7.4.a $ 2,000, 000 $1,500, 000 $1,236,875 $1,000,000 $500,000 2019 Annual Interest Income I $950,684 2021 $1,091,709 $1,683,872 0 $22=7 2023 YTD 2024 0 Q. 0) o: c M c ii t 0 2 N O N L Ca 71 35 Packet Pg. 49 7.5 City Council Agenda Item Meeting Date: 03/19/2024 Public Works Update 4th Quarter 2023 Staff Lead: Oscar Antillon Department: Public Works & Utilities Preparer: Royce Napolitino Background/History The Department of Public Works & Utilities is responsible for the operations and maintenance of the City's physical infrastructure, including: street transportation networks, right-of-ways, and traffic control systems; storm and surface water drainage systems and environmental pollutant discharge mitigation; municipal -owned buildings and other facilities, potable water distribution systems and water quality control, sewerage conveyance and collection systems; secondary wastewater treatment plant management; and maintenance of the City's vehicle fleet. Staff Recommendation This report is intended to provide information. There is no recommendation. Narrative This 4th Quarter 2023 report includes highlights, achievements, and other metrics for analysis. The Public Works Department budget is comprised of multiple utility funds, operational and capital funds, and the general fund. This report provides an overview of these budgets with details of the successes, accomplishments, and efforts made throughout the year. Attachments: PW&U Quarterly report 2023 Q4 Packet Pg. 50 - GATEWAY SIGNS _ • s .-t u 9-MEWRIKS •1.�1 t 4 0 TIES _ 1 i 4• c'at � �r r f� 1 ., ..: wt /nc. 1 xy0 7.5.a Organization The Public Works Department provides care and maintenance to the City's physical infrastructure. We strive to enhance reliability and performance of these systems while maintaining a safe, clean, and healthy environment. Our goal is to serve the community and to enhance the quality of life in the city. We achieve this through a department that is community and customer focused. We embrace leadership in environmental and energy design concepts & principles and leverage technology & management principles to achieve operational effectiveness. Budget Overview ■ REET1, 2023 Budget $4,315,418 , ■ REET2, Building 6% $2,627,383, Maintenance, 391c $1,275,000 , 2% Equipment Rental, $5,057,583 6% $Z , 53% rr P General, $9,160, 542 , 12% Street, 514,019,874 , 18% PW Expenditures 2023 Preliminary Actuals Broken Down by Fund REET1, REET2, $2,839,752 , $1,722,867 , Building 5% 1 3% General, Maintenance $7,724,014 , $728,888 , 13% 1% Equipment Rental, $2,913,549 5% Utilities, $34, 385,109 ,56% & 0 Street, $10,650,780 , 17% 2 Packet Pg. 52 7.5.a Facilities People Total positions approved 12 Loss 0 Gains 0 Current Vacancies 0 By The Numbers Facilities # of Buildings 21 Square footage 455,702 # Of restrooms maintained 36 Leases 7 & 3 Fire Stations Total SF of leased buildings 36,000 & 26,900 Q4 Highlights Quarter four was highlighted by several projects nearing completion including the Public Safety Solar project, Anderson Center transom window replacements and Gym floor refurbishment and striping. And the Public Safety lobby ADA upgrades restrooms, court/council chamber, and police lobby. Vendor coordination supporting Library grand opening including fire alarm, building balancing and HVAC operation and lighting controls. Projects development for projected 2024 projects including Anderson center South wall leak, Fire Station 16 fire alarm system, beach ranger station door and Public Safety parking lot fence and automatic gates. Training Facilities completed training general building winter controls settings ahead of winter weather, high visibility clothing when working in dark and communication on and off job for call in work. Custodians trained on types of ice melt and proper application amounts as well as how to read the SDS sheets for ice melt and other chemicals. 3 Packet Pg. 53 7.5.a Projects Library Upgrade: Library remodel support is on -going, Facilities attends weekly construction meetings and is advising Faber Construction. Grand opening event is scheduled for 1/13/24. Building systems and schedules are adjusted for occupancy. Fire and building final inspections scheduled for week of January 8th. 2023 Active Projects Projects (Planned) Status Budget Public Safety Solar Plant Complete/Punch List $690,385.0( Public Safety Card reader replacements Complete $20,000.0( Expansion of Public EV charging network Complete $230,000.0( Painting Exterior Fire Station 16 Complete $70,000.0( Interior Painting at six buildings In Progress (95%) $240,000.0( Library Lobby painting (in house labor) Complete $21,000.0( Library book drop demo Complete $4,000.0( Library parking lot insulation repair Complete $25,000.0( Electrical Service completed at City Park building Complete $80,000.0( Fleet EV chargers added at two locations (8 fleet chargers) In Progress $90,000.0( Anderson Center Fire Panel Replacement Complete $110,000.0( Anderson Center Gym floor refinishing Scheduled for Dec Break $60,000.0( Anderson Center transom window replacement In Progress $190,000.0( Anderson Center Elevator machine upgrade (code forced) Complete $90,000.0( Anderson Center Elevator and lobby (Flooring) Complete $17,000.0( Anderson Center Investment grade audit for HVAC In Progress $95,000.0( Anderson Center drinking fountains upgraded with bottle fillers In Progress $16,000.0( Fire Station 17 Garage ceiling refurbishment Complete $100,000.0( Fire Alarm radio updates at 4 locations Complete $20,000.0( City Park gazebo roof replacement Complete $20,000.0( City Park building parking lot repair/overlay Complete $160,000.0( Meadowdale Club House flooring and stair coverings at pre-school Complete $20,000.0( Public Works fleet electrical drops Complete $8,000.0( Total $1,223,615.0( a M N O N d r� Q. Y 0 a v a M N O N t= 0 Q. a� L L a� t= CU 0 C� a m E M 0 0 a 4 Packet Pg. 54 7.5.a Projects (Unplanned) Status Budget Anderson Center boiler tube replacement Complete $30,000.0( Boys and Girls Club flooring repairs Complete $47,000.0( Police pedestrian fence In Progress $126,655.9( Neighborhood City Office hallway door/wall (in house) Complete $5,000.01 Public Safety Lobby ADA door updates Complete $60,000.0( Public Safety office remodels, Detectives, Patrol, and Sargent's Complete TBD Support 4th of July, Porch Fest and Palozza events Complete $1,500.01 City Hall water pressure reducing valve rebuild (thanks Water Division) Complete $500.01 City Hall Emergency sewer pipe replacement Complete $4,500.01 City Hall Fire Marshal office relocation Complete $2,000.0( Library remodel construction support Complete $15,000.01 Library emergency window frame replacement Complete $15,000.01 Library fire alarm system replacement Complete $1Z000.0( Library security system Complete $81000.0( Library HVAC control upgrade Complete $10,000.0( City Park emergency water supply line replacement (thanks Water Division) Complete $Z000.0( Beach Ranger Station entry door replacement Complete 1/2024 $15,000.0( 7th Ave sidewalk project (Storm fund 50% and Bond 50%) on hold $300,000.0( Metrics Facilities Service Calls Total 160 140 120 100 80 60 40 20 I 11. ■ 1■ 1■ 1 1 I I I I I I 0 Jan Feb Mar Apr May Jun July Aug Sept Oct Nov De ■ Contract ■ In House ■ PM's C'J M N O N 4) R a _ Y L O 2� a Cl M N 0 N $569,459.1( c a m a) t= �a a Ca a a� E s a 5 Packet Pg. 55 7.5.a Sewer and Water Sewer Total positions approved 7 Loss 0 Gains 0 Current Vacancies 0 By The Numbers Sewer Sewer pipes 186 Miles Sewer lift stations 14 Residential grinder pumps 29 Accounts 9800 Manholes and cleanouts 3425 Sewer Comprehensive Plan August 2013 a M N O (14 d r� Q. D L 0 a a CI) N O N r_ 0 Q. L CU a 0 a c a� E 0 a Packet Pg. 56 7.5.a Q4 Highlights The Sewer Department is responsible for the maintenance of 14 sanitary lift stations, 3200 sanitary sewer manholes and over 186 miles of sanitary sewer mains serving 9800 customer accounts. Seven FTE's are responsible for these functions as well as the maintenance of 26 residential grinder pumps. • Sewer Department continues to clean and inspect sewer lines using the TV truck, push cameras and visual inspection of manholes. During the fourth quarter of 2023 they cleaned and inspected 44,158 feet of sewer main and inspected 568 manholes. They also performed root cutting in 7900 linear feet of main. • The Sewer Crew performed 673 utility locates in the third quarter. • Crews cleared three pump blockages - at lift stations to prevent sewer overflows. • Sewer Department crews repaired 1 sewer main and 3 sewer laterals' during the fourth quarter which = historically would have required an outside contractor. Crews focused on sewer cleaning, TV inspection and pipe rating. Sewer crews followed up with in-house main line repairs of pipe breaks identified during the forementioned inspection programs. Training Sewer Staff have completed cold weather safety and driving training. a M N O N d Q. N Y 0 a a M N O N O Q. L CU a a M 0 M a Packet Pg. 57 7.5.a Projects Crew continues to identify and correct system deficiencies utilizing the CCTV truck and pipe rating system. Metrics 800 654 600 400 200 0 Q1 60000 50000 40000 30000 20000 10000 0 Utility Locates Dispatches 705 748 10 9 602 g 7 6 6 5 4 2 0 Q2 Q3 Q4 Q1 Q2 Q3 Q4 ■ UULC ■ Private Request ■ After Hours CCTV and line Flush (LF) 5312753127 5429954299 39172 3347033470 0 � 35015 Q1 Q2 Q3 Q4 ■ CCTV (LF) ■ Pre Flushed / Jetted (LF) a M N O N d Q Y L 0 a v a CI) N O N r- 0 0. a� L a� 0 0 a a a� E M 0 0 Q 8 Packet Pg. 58 7.5.a Water People Total positions approved 9 Loss 0 Gains 0 Current Vacancies 0 By The Numbers Water Reservoirs 4 total 7.5 MG (one 3M & three 1.5M) Water Pipes 138 Miles Service Connections 10,372 Pressure Reducing Stations 19 Valves 3129 Hydrants 1205 Blow -off 305 Backflow Assemblies 2692 Comprehensive Water System Plan October 2017 Highlights The Water Division is responsible for the maintenance and operation of the City's water distribution system for the constant and safe delivery of potable water to over 10,372 �- accounts. The Water Division operates and rimr -_ N. maintains all storage and conveyance facilities including over 138 miles of distribution mains, 18 pressure reducing stations, three 1,500,000-gallon reservoirs, and one 3,000,000 gallon reservoir and pumping station. Nine FTE's are responsible for the above functions. 9 Packet Pg. 59 7.5.a • The Water Department installed four new water services during the 4th quarter. • The Water Quality Department collected over 160 samples during the third quarter. • Water Department had 29 afterhours calls for service during the third quarter. • Performed 781 utility locates. • Replaced 80 water meters. • This quarter we repaired 3 water service leaks and repaired two cast iron water main breaks in December. • PFAS water quality sampling was performed as required by the USEPA Unregulated Contaminate Monitoring Rule 5 (UCMR 5), results were received with no presence of PFAS detected. Training Water Staff have completed cold weather safety and driving training. Projects Water Crews upgraded services that required repair in the two previous quarters. We had three cast iron main breaks during 2023, two of which occurred in December. This October we continued to monitor the Five Corners steel reservoirs for corrosion control optimization, the results of which were satisfactory this year. 10 Packet Pg. 60 7.5.a Metrics s 7 6 5 4 3 2 1 0 Services 1111, 1111 II 1111 I 11111 II Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Installed (New) ■ Replaced ■ Repaired ■ Drop In Meter Install Meter Exchanges 60 40 — 20 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ 3/4" ■ 1" ■ 1.5" ■ 2" Dispatches 60 40 20 0 11 11111 ■I ■ _ flno ■ NLI 1 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Afterhours ■ Buisness Hours Turn off's 60 50 40 30 i° 0 C-0 >T C boo- +-' > U ii 2¢ �_ Q N O z cu o ■ Deliquents / Non -pay ■ Customer Reqested Locates 500 400 300 200 Zoo 0 �2i ¢ N ) g ¢ z ■ UULC ■ Private :4 V M N O N d CL L O O a c� C) N O N r_ O Q a� L L L CU V a c a� E t to Q 11 Packet Pg. 61 7.5.a Storm & Street ;Ell_ gw, r f VAO Storm People Total positions approved 8 Loss Gains Current Vacancies 11 (Trevor 11/22) Storm Maintenance position By The Numbers Storm Vegetation Control sites/locations 145 Stormwater catch basins 6971 Stormwater manholes 1682 Stormwater Culverts 2309 Detention Systems, Bio Swales & Rain gardens 632 Miles of Stormwater pipe 140 Creek areas monitored weekly 56 a M N O N d CU Q N Y L Q a v Ci CI) N O N r- O CL L CU a a E 0 2 a 12 Packet Pg. 62 7.5.a Q4 Highlights During the fourth quarter we have done numerous sump maintenance processes drawing down the water levels in preparation of heavy rain events. The "Atmospheric Rivers" seem to be happening more frequently requiring us to maintain our sump levels. We dug out the Perrinville Diversion structure as well as our in-house decant facility. We've been doing a lot of hauling of waste materials accumulated by these processes. Training Nothing to report this period. Metrics Storm Drain 800 700 600 500 400 300 200 1000 Jan Feb Mar Apr May Jun Jul ■ Storm drain inlet maintenance (number of inlets maintained) 1- L IN .■ Aug Sep Oct Nov Dec ■ Lines of Storm drain lines flushed a M N 0 N d Q. Cn .19 U_ a a Cl) N O N r_ 0 Q. a) L L 0) L CU cY a c E U 2 Q 13 Packet Pg. 63 7.5.a Street People Total positions approved 9 Loss 1 Gains Current Vacancies 11 (Chuck 4/23) Signal Tech position open By The Numbers Street Lane miles of Roads 290 Linear miles of painted lines 143 Crosswalks 497 Roadway symbols 4444 Signalized Intersections 25 Flashing signs 33 Rapid Flashing Beacons (RRFB's) 71 School Zone Flashers 24 Radar Feedback Signs 18 Traffic and street signs 7823 City Owned streetlights 59 Decorative Street lights 26 Sidewalks inspected (Miles) 93 14 Packet Pg. 64 Q4 Highlights Early in the fourth quarter the crew went through our snow and ice equipment to prepare for our winter response. The Council approved the purchase of a brine machine that we will incorporate into our response strategies this year. The city experienced two freeze events that our anti -ice equipment was mobilized and performed as expected. Our Halloween set up, one of the bigger events, went off without issue. Multiple RRFB and RFB installs and repairs were done both in support of the City's School Zone camera project and pedestrian safety program. We completed the Overlay support program by backing edges and applying hot tape at our freshly overlaid streets. The city experienced a couple heavy windstorms that added to our hazard tree removal processes, 7 trees and 4 locations along with the typical clean- up after a wind event. 15 Packet Pg. 65 7.5.a Primary Snow Routes tr... a.,.a. W tr.a.. streets Pcgrdr street• —Secondary Sheets ciov A Ed mor di lyr nw ood Wundike ie'race Woodwal vitotod i Training Nothing to report this period. 1nnauud 'Jfjdak= rijsa Oran.Mi. 2011 16 Packet Pg. 66 7.5.a Metrics Service Calls, Tree, Traffic Lights & Signs 120 100 80 — 60 40 — — 20 _ ._1 �■1 1 ,_� 1_ �■ �.1 1. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Customer service calls ■ Tree response issues ■ Traffic lights maintenance or repair ■ Signs repaired or replaced 700 600 500 400 300 200 100 0 100 80 60 40 20 0 Sidewalks & Pavement 1 I I-. I = Jan Feb Mar Apr May Jun ■ Sidewalk repairs or new (SF) L L 1. 1_ Jul Aug Sep Oct ■ Pavement patch (potholes) Special Events & After Hrs 1_ . Nov Dec ■ ■ _ ■ _ .. I _ I — I-- 1_ INN 1 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Special events support (Hrs) ■ Snow response (Hrs worked) ■ After hrs calls/Emergency ar M N 0 N R CL N Y L 3 3 a CY M N O N O Q L L 4) d a a� E s Q 17 Packet Pg. 67 7.5.a Wastewater Treatment Plant People Total positions approved 20 Loss 0 Gains 1 Current Vacancies 2 By The Numbers Sewer Treatment Plant Treatment capacity 11.8 MGD Current Average flow 6.5 MGD Winter, 4 MGD Summer Constructed 1957 Plant updated 1986-91 Plant update (carbon recovery) 2019-23 Service Area Q4 Highlights Staff: No changes this period. Completed Projects: • New SCADA servers installed and updated to latest version of Wonderware and Hach/Wims. • A new valve and actuator installed on NPW system. • New heating unit installed in 300 bldg. a M N O N d r� Q. D L O U_ a a M N O N r- O Q d L L CU a a c a� E M 0 2 a 18 Packet Pg. 68 7.5.a HP air compressor repaired and put back in service. Screw Press 603 Feed Pump Rebuilt �4 Process: The plant performed well during Q4. We processed over 450 million gallons of wastewater this quarter and processed over 2197 wet tons of biosolids. During the wet season, as plant influent flows increased, we put tanks and equipment in service as necessary to maintain process integrity and meet NPDES discharge permit requirements. Odor Control: Odor complaints remained minimal, as to be expected with cold and wet weather. We continue to work with Bioair on the overall system odor study which will evaluate the entire Lake Ballinger sewer line and help us to determine proper odor control equipment and sizing. We also continue to take odor readings at several locations along that line often and try to respond to each odor complaint in a timely fashion. We will continue to be proactive to try to minimize or eliminate these odors. Carbon Recovery Project: Commissioning continued through December 8th, at which point the contractor ceased operations until after the new year. They expect to resume commissioning around the end of January. Several issues with the process need to be addressed including: carbon filter issues, dust issues, processing influent screenings, and a few others. We have 19 Packet Pg. 69 7.5.a produced and hauled approximately 9.7 tons of flexchar with the system in Q4 and potentially have two businesses interested in beneficial reuse of the product depending on laboratory analysis of the product. r ft.4 71 10* IM a M N O N d r� Q D N Y O O a v a Cn N O N r- O Q d L L d fU O a a c a� E M 0 a 20 Packet Pg. 70 7.5.a Metrics Operations and Maintenance. 120 100 80 60 40 20 0 , Jan 3000 2500 2000 1500 1000 500 Maintenance & Repair loin in _ ■ ■ in ■ IN ■ ■ Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Preventive Maintenance/total WO ■ Repairs/Corrective WO Lab Work MEMO NONE soon ____ ____ III.I.III.E soon NINE NPDES PSNGP In-house Outsourced Biosolids BioAirTests: BOD/cBOD: TSS: Compliance Compliance Analyses: Analyses: Tests: Tests: Tests: ■Q1 ■Q2 ■Q3 ■Q4 a M N O N d r� Q Y L Q a a Cl) N O N r_ O Q a� L CU CY a E to Q 21 Packet Pg. 71 7.5.a Solid Waste, Treatment Treatment (Million Gal) 1,676 MG Treated in 2023 250 203.3 200 164.8 151.7 150 134.1 126.7 115.8 104 100 50 0 Jan Feb Mar Apr May Jun Jul 1200 1087.8 1000 800 725.4 764.4 600 400 200 0 0481.1 132 114 119 103 Aug Sep Oct Nov Dec Biosolids to landfill (Wet Tons including screenings) 10,215 Tons produced in 2023 970.6 922.6 884.1 891 931 841 I I I I 799 745 , � 653 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 22 Packet Pg. 72 7.5.a 400,000.00 350,000.00 300,000.00 250,000.00 200,000.00 150,000.00 100,000.00 50,000.00 Energy 2023 Total is 3,274,352 kWh Jan Feb Mar Apr May Jun Jul Aug Sep Oct ■ Electricity (kWh) ■ Gas (Therms converted to kWh) Fleet Q1 Highlights Total positions approved 4 Loss 0 Gains 0 Current Vacancies 0 By The Numbers Fleet PD Vehicles 43 PW Vehicles 125 Heavy Equipment (tractors, excavators etc) 27 Dump trucks (plows) 10 Electric Vehicles 11 Hybrid Vehicles 15 a M N 0 (14 d Q Nov Dec rn Y L O O a v a CI) N O N r- O CL CU a a E 0 2 a 23 Packet Pg. 73 7.5.a Trailers 19 Sweepers 2 Special Vehicles (camera truck, Vacuum truck) 7 Generators 14 Fuel island capacity (Unleaded) 22,000 Fuel island capacity (Diesel) 6,000 EV chargers 9 Fleet - 2023 Goals Goals that Fleet identified in the first quarter of 2023 were ambitious. Most of these goals were related to vehicle replacements and additions. Due to supply chain issues, inventory shortages, and delayed production, the list of carryforward projects from 2022 was well above average with 14 vehicle purchases. In addition to the large carryforward projects (14), the city council approved an unprecedented number of new vehicle additions (23) in addition to the regular scheduled vehicle replacements (9). The total number of vehicles and equipment to purchase in 2023 was 46. The intent was to purchase and outfit all 46 vehicles by the end of 2023. 2023 Achievements Vehicle Procurement and Outfitting Every vehicle purchase requires time to outfit and prepare before it can go into service as well as the time to decommission and surplus the vehicles being replaced. These new vehicle set-ups and teardowns take away from the regular workflow of the shop that must be performed to continue normal operations. Outfitting 20 of those vehicles with the necessary police equipment presented a unique challenge. Historically, fleet performed the police vehicle upfitting in house for quality control, scheduling accommodations, and flexibility for customizations. Performing the upfitting of 20 police vehicles in-house this year was not a feasible option. Fleet was able to secure a third party to execute these vehicles set ups. Fleet was also able to source all these vehicles in a competitive market with limited inventory by securing new interlocal agreements with Snohomish County and the State of Arizona. 24 Packet Pg. 74 7.5.a Fleet has been able to put into service 18 new vehicles this year and are in the process of finalizing another 18 by January 2024. We were also able to decommission and surplus 11 old vehicles from the fleet. Take -Home Vehicle Policy The need for all these extra vehicles is to accommodate a new car per officer program. Issuing a car per officer also includes the ability to assign those vehicles as take-home vehicles. As of recent, we did not have any policy or language in place to support a take-home vehicle program. Drafting and implementing a take-home vehicle policy was a necessary requirement to successfully manage the police fleet. Fleet was successful in drafting and implementing a new Take -Home Vehicle Policy that was adopted by the city council in April. New FTE Fleet Mechanic Anticipating the impact of our growing our fleet, it was also our intention to address the limited staffing resources available by increasing our staffing in the department from 2 Fleet Mechanics to 3 Fleet Mechanics. Contributing factors to justify the need for the staffing increase include the trend of gradual fleet growth over the past decade, sudden fleet growth in 2023, and the specific application of those new vehicle additions being allocated as police patrol vehicles that require above average maintenance and repairs. Although police account for 1/3 of our total fleet, they account for 2/3 of our shop labor. The 2023 vehicle additions resulted in an increase of 125% for our current police patrol fleet. Fleet was successful in increasing our staff with the addition of a new Fleet Mechanic in October. The experience and expertise of our new Fleet Mechanic has resulted in significant progress and advancements in the services that we are able to provide. CMMS and Fuel Site Updates The existing asset management software and fuel site management software used by Fleet has been outdated for some time and has not been supported since 2017. For accuracy, reliability, and efficiency of the department, Fleet transitioned to a new asset management software that records all work orders, labor hours, inventory tracking, and parts costs. The updated software has improved the processes for reporting, accurate costs analysis, records retention, and work request submissions. The fuel site 25 Packet Pg. 75 7.5.a management software updates included a new chip card reader at the fuel island and updated software. These updates have improved our ability to accurately record all costs associated with work performed and fuel transactions. Unscheduled repairs and preventive maintenance In addition to the unexpected increase in capital projects and operational changes, Fleet continued to execute its normal workflow with minimal interruptions. Fleet performed 341 preventative maintenance services, 367 unscheduled repairs, 25 safety recalls, and 18 vehicle accidents. 2024 Goals The accomplishments of 2023 reflect a very busy year for Fleet. There remain a lot of capital projects that are in progress but have not been finalized. 2024 will start off with an above average number of carryforward projects. Most of them will be finalized within the first quarter and the remaining projects will continue to progress along with the regularly scheduled replacements. 2024 has 10 scheduled replacements that will be executed along with the 2023 carryforwards. Training. Our new Fleet Mechanic will continue to learn about the variety of equipment that we have. Street sweepers, Vactor trucks, police equipment, heavy equipment, snow removal equipment, and dump trucks are some of the things that we will be training on. Attending CDL school and acquiring his CDL will be among the list of accomplishments he will be completing. Improved set up time of new vehicles As stated in the achievements of 2023, the police vehicle outfitting was performed by an outside vendor. I intend on bringing the outfitting of these police vehicles back in- house. This will ensure better quality control, project management, equipment sourcing, and customizations as we determine necessary. This will require additional hands-on training in-house and I will be working closely with our Fleet Mechanics on this throughout the year. 26 Packet Pg. 76 7.5.a Safety and regulatory requirements The fuel site located at Public Works was installed in 1995 and is going to require a well -planned and forecasted replacement plan. The aging underground storage tanks are in satisfactory condition but will need to be replaced soon. This replacement has been included in the CIP and will begin review and design for the replacements of our underground storage tanks. With vehicle use policies changing, including a new vehicle take home policy, Fleet is working to improve reporting and accountability for all fleet assets, this is critical for the operation and maintenance of the fleet and the readiness of the city. Budget The 2024 budget has presented many new challenges as it relates to our daily operations. Fleet will be carefully monitoring and evaluating our expenses throughout the year. It is the intent to identify areas where reductions can be made without compromising the level of services provided. One area of focus is our fuel costs. Fleet intends on identifying all eligible vehicles for propane conversions. This results in a reduced fuel cost (currently at $1.50/Gal) as well as reduced CO emissions. 27 Packet Pg. 77 7.5.a Metrics 150 100 50 0 Work Orders by Work Type 58 - I 80 Fleet Maintenance & Repair 1 , 1 Q1 Q2 Q3 Q4 ■ Preventive Maintenance (WO) ■ Repairs (WO) i - 4 -2 2 .CIDENT )MPLETE ANNUAL W VEHICLE SET UP )TSIDE AGENCY REPAIR tEV MAINTANENCE PAIR AILER SERVICE L WARRANTY New Vehicles 11 10 — 9 6 5 3 3 0 — „ 11 m 0 Q1 Q2 Q3 Q4 ■ New Vehicles Received ■ New Vehicles setup a M N O N d r� Q N Y L O O a a Cl) N O N r- O Q d L a� O O a a c a� E t 0 O r� r� Q 28 Packet Pg. 78 7.5.a Fuel and Miles Accidents 150000 122459 120474 8 100000 97224 6 59392 4 50000 1922 1517 1924 1254 2 0 M M =1 0 ■ Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 ■ Fuel used (GAI) ■ Total miles (all vehicles) ■ Accidents a M N O N d r� Q I N Y L O O a v a CI) N O N r- O Q d L L 0) L CU V a c a� E a 29 Packet Pg. 79 7.5.a Engineering Total positions approved 18.5 Loss 0 Gains 0 Current Vacancies 1 Q4 Highlights Grant-.- • SS4A Grant — The City will receive a $300,000 federal grant through the U.S. Department of Transportation's Safe Streets and Roads for All (SS4A) Grant Program. This program is focused on the development or update of local roadway safety plans by developing well-defined strategies to prevent roadway fatalities and serious injuries. It will also identify and prioritize future projects to help address roadway safety issues. The City partnered with ten other agencies, including Puget Sound Regional Council (PSRC), on a $2.87 million grant application. The City will be working closely with the agency to support the goal of reducing fatalities and serious injuries on roadways in the Puget Sound region. • A Transportation Improvement Board (TIB) grant application was submitted for the SR104 Adaptive System project in August 2023. In November, TIB released their grant awards and the project did not score high enough to receive funding Contracts Awarded December 2023 • 2024 Overlay Project — Professional Services Agreement signed with CM Design for the 2024 Overlay Project- $66,127 Contract Training December 2023 • Jenelle Ho, Associate Engineer, attended a Public Works Fundamentals course in Sequim, WA. 30 Packet Pg. 80 7.5.a • The Engineering staff completed annual Title VI training in compliance with FHWA and WSDOT requirements to prohibit discrimination on our projects and programs. Capital Projects • Storm & Surface Water Comprehensive Plan • A robust public engagement process was completed. This process included: o Press releases, o Facebook and other social media o Traditional media postings, o Virtual workshops o Project survey, and. o An in -person event. Feedback was achieved and used to refine project goals and develop an initial storm and surface water capital improvement plan that will be included in the Plan. Flood Mitigation Keep streets and private property dry to the maximum extent possible (Public health and safety & economic vitality). I - Operate, maintain, and upgrade stormwater infrastructure in a cost-efficient manner. Comply with Ecology's Municipal Stormwater Permit and all other applicable environmental regulations. I Improve existing infrastructure to reduce the impact of City stormwater flows on aquatic environments (On the Land). Reconnect floodplains, re -plant riparian (streamside) corridor, remove barrier culverts, and improve in -stream :onditions. (In and adjacent to the stream; City -owned property only). Additional information on this can be found the link below. https://www.edmondswa.gov/cros/one.aspx?portal Id=16495016&pageld=19792528 31 Packet Pg. 81 7.5.a • Citywide Bicycle Improvements/Elm Way Walkway Projects This project is currently under suspension due to the weather. Construction will resume in early spring of 2024. The storm and roadway improvements on 228th ST SW from 78th PI W to 80th Ave, roadway work and pedestrian improvements along Bowdoin Way from 84th Ave W to 9th Ave S are complete. Work for the Citywide Bicycle Project will resume in early spring of 2024. For the Elm Way Walkway Project, storm and roadway improvement work is 65% complete. Sidewalk and curb ramps are complete from 8th Ave S and Elm Way to Coronado PI and Elm Way are complete. Restoration and striping will be completed in the spring of 2024. • 7317 Lake Ballinger Property Purchase — Staff have been in • negotiations with the property owner to acquire the property at 7317 Lake Ballinger Way. The purchase and sales agreement will be prepared in La ke Ballinger the first quarter of 2024 to complete 0 0 the acquisition. 84t" Ave Walkway (238t" St — 234t" St) -- A decision package requesting $75,000 to fund up to 30% design of this project was approved by Council on 12/27/23. The completion of the 30% design is expected to take up to three months. 32 Packet Pg. 82 7.5.a • 2023 Utility Replacement Project — Installation of sewer main on Maple St and SR-104 was completed. Main St, Maple St, and SR-104 were repaved and striped. Due to inclement weather and material delays the completion of thermoplastic crosswalk bars and installation of Cured -in -place -pipe (CIPP) was postponed until Q1 of 2024. • 2024 Overlay Project — Design began in December on the overlay of approximately 3.5 lane -miles of City streets at various locations. The 2024 program is heavily focused on street segments in the Lake Ballinger and Maplewood neighborhoods. Additionally, several downtown streets will be paved after recent utility installations. Private Development • Through the quarter there was a high volume of Development related inquires over the phone, email, at the permit counter as well as in development review committee and pre -application meetings. • The development team continued to assist prospective developers, homeowners, business owners, project design professionals and city staff with the information necessary to make development related decisions and move forward with project permitting and construction. October 2023 • October brought the highest number of inspections performed in a month in 2023. On average 400 inspections are completed in a month and this past October staff recorded 465 inspections. November 2023 • Inspections totaled 394 December 2023 • The Engineering Development team (comprised of 5.5 FTE's) is down one staff person who is out on leave for several months. We expect to regain full staffing levels again the start of 2nd quarter 2024. 33 Packet Pg. 83 7.5.a • December is always slower due to the weather changes and holidays, but things will quickly pick up again in 2024. Metrics Private Development Review Response Time (Days) 50 40 30 -0 10 0 — October November December ■ Standard EUC ■ Minor EUC ■ New SFR -ENG New SFR -Storm ■ New Commercial/Mulb-Family - ENG ■ New Commercial/Multi-Family -Storm ■ Repairs/Partial Replacements # of Permits 30 25 20 15 10 October November Dece mbe r ■ Standard EUC ■ Minor EUC ■ New SFR - ENG ■ New SFR -Storm ■ New Commercial/Mulb-Family - ENG ■ New Commercial/Multi-Family - Storm ■ Repairs/Partial Replacements 500 450 400 350 3D0 250 2D0 ISO 1D0 50 0 Engineering Inspections ass 394 October Now mber ■ Engineenng Inspections 16-R December Cl M N CD N O R Q N Y L O _v 7 a Cl M N CD N 1 O Q O R 7 Ci a r-� C d E s rJ to Q 34 Packet Pg. 84 7.5.a Construction Active Contracts 7 6 6 5 4 3 3 3 3 2 1 0 0 0 0 0 0 Contracts under construction N of change orders completed # of RFI's answered ■ Oct ■ Nov ■ Dec Work in Place $1,400,000.00 $1,188,103.62 $1,200,000.00 $1,000,000.00 $800, 000.00 $576,371.98 $600,000.00 $400, 000.00 $144,503.17 $200,000.00 Mimi S- 1 ■ Oct ■ Nov ■ Dec C� M N CD N O R >Z N Y L O _V 7 a C!t M N CD N O sZ O L L 4) L M 7 d Ca a m E s M Q 35 Packet Pg. 85 7.5.a Engineering Project Status Reports a M N O N d r� Q N Y L O O a v Ci Cn N O N r- O Q d L L L CU V a c a� E 0 a 36 Packet Pg. 86 7.5.a C� M N O N d r� Q N Y L O O a v a Cl) N O N r- O Q d L L L M V a c a� E a 37 Packet Pg. 87 8.1 City Council Agenda Item Meeting Date: 03/19/2024 Approval of Special Meeting Minutes March 5, 2024 Staff Lead: Council Department: City Clerk's Office Preparer: Nicholas Falk Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 2024-03-05 Council Special Minutes Packet Pg. 88 8.1.a EDMONDS CITY COUNCIL SPECIAL MEETING MINUTES DRAFT MINUTES March 5, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember ELECTED OFFICIALS ABSENT Neil Tibbott, Councilmember 1. CALL TO ORDER STAFF PRESENT Susan McLaughlin, Planning & Dev. Dir. Rob English, City Engineer Jeff Levy, Senior Planner Jeanie McConnell, Engineering Program Mgr Rose Haas, Planner Nicholas Falk, Deputy Clerk The special Edmonds City Council meeting was called to order at 5:30 p.m. by Mayor Rosen in the Brackett Room, 121 5th Avenue North, Edmonds, and virtually. 2. COUNCIL BUSINESS 1. ACCESSORY DWELLING UNIT CODE UPDATE (AMD2023-0008) ACCESSORY DWELLING UNIT CODE AMENDMENT TO ALLOW FOR DETACHED ACCESSORY DWELLING UNITS — "EXPANDING HOUSING OPTIONS BY EASING BARRIERS TO THE CONSTRUCTION AND USE OF ACCESSORY DWELLING UNITS IN ACCORDANCE WITH HB 1337." Ms. McLaughlin reviewed: House Bills Applied — Single -Family Zones HB 1110 HB 1337 HB 1220 Increases middle housing in Require allowing 2 accessory Requires cities to differentiate single family residential areas dwelling units in all single family between housing types, ties these At least two homes per lot zoning districts types to affordability levels Four per lot if located within a Have sufficient capacity for each quarter -mile walking distance of housing type a major transit stop (Like SWIFT (The capacity target by housing BRT Stop or Amtrak station in types is provided by Snohomish Edmonds) County Housing Requirements Four per lot if one of the homes is Report as per Dept. of Commerce affordable.guidance) Edmonds City Council Draft Minutes March 5, 2024 Page 1 Packet Pg. 89 8.1.a Complying with HB 1220 - Edmonds is a Higher Cost Community o High average sale price for a middle housing unit (townhomes, duplex, triplex, quad) unit at > 120% AMI o Unit sales* in last two years in Edmonds average an estimated $720,000 with no sales below $590,000 o The sales prices would need to be below $400,000** to correspond to a rent or mortgage payment that would be considered affordable at <120% AMI *Costs are sourced from townhomes sold in Edmonds between March 2022 and January 2024, Redfin and realtors based in Edmonds with 47 data points. **According to the Department of Commerce recommended Fannie Mae calculator Complying with HB 1220 o 9,000 Total Unit Capacity must follow this distribution: Must be low-rise, or ADUs or low-rise, Middle housing or mid -rise apartments / mid -rise apartments/ any other type condos condos ' ooc I "*11*1 1: 11111114 H... in{ AIl-n. by I-, City if T-6 [Ap 1}2023 PM) 2,479 1 883 1987 1,475 977 142 0910-30% 0%-30% 30%-50% 50%--80% 80%-100% 100%&.120% on-PSH PSH o Due to Edmonds being a Higher Cost Community, the typology of Middle Housing can only count towards 126 units. Setting affordability incentives or regulations will not change this. o ADUs can count for a large number of units, combined with low-rise, mid -rise apartments. If only one ADU per lot is allowed, 900 additional multi -family units will need to be added Interaction of HB 110, HB 1337 and HB 1220 o ADU Highlights from VIA/Perkins-Eastman Methodology Memo ■ Method for Calculation New ADU Capacity: - Identify all single-family residential land use designated lots. - Remove lots with environmentally critical areas. - Remove publicly owned and tax-exempt lots. - Remove lots with less than 6,000 sf of buildable area remaining. - Apply capacity of two ADUs on remaining parcels (per HB 1337). - Reduce capacity by 90%, assuming a max 10% participation rate. This is a combination of a reasonable upper limit of property owners who would be interested in development and a factor to reduce based on considerations not already captured. ■ 1,800 ADU units left after calculations if assumed 2 per lot, and 900 ADU units are left if assumed 1 per lot. o If ADUs are limited to only one per lot, approx. 900 additional units of multi -family must be zoned. ■ There is a known discrepancy between the language of HB 110 (RCW 36.70A.635) and HB 1337 (RCW 36.70A.681) ■ Per HB 2321, referenced in the "User Guide for Middle Housing Model Ordinance" by Department of Commerce, ADUs "may" be considered part of HB 1110 unit density, making an applicable lot allow only two units, the primary unit and one ADU Edmonds City Council Draft Minutes March 5, 2024 Page 2 Packet Pg. 90 8.1.a ■ HB 1220 shows that due to affordability requirements, no other middle housing typology can be used to replace the density lost from limited ADUs to one per lot ■ Configurations allowed if City counts ADUs toward HB 1110 unit density o With either decision of one ADU or two ADU allowed per lot, we have a solution for our growth alternatives ■ In our EIS Growth Alternative Strategies, a final Draft EIS is developed by June 2024, after the two Growth Alternatives are studied (as well as a No -Action Alternative) ■ These are two bookends being studied, and the final Draft EIS will be a combination of both alternatives, including what works, excluding what does not, and adjusting based on public online open house feedback ■ The additional needed units can be zoned in the Medical District Center or taken from other elements studied in the two alternatives and put together to make a cohesive whole. Growth Alternatives Capacity Comparison Areas of Change Alt A: Focused Growth Alt B: Distributed Growth No of Units No of Units 200 9M Illediral Censer 1000-1200 1900-2000 TOTAL 2700-3000 3600-4000 Total numbers torAlt B: Distributed Growth represents unit count it ADUs are limited to 1 per lot based on HB 1110 & HB 1337 interaction. Westgate, 22% 5 Comers, 25% 1 Perinville, 4%;IIII1&W-h`a'C-oter Seaview EaExpansin 1% North Bowl, 1% t000-1200 Firdale North, 2% Perinville, Seaview East S% S% Westgate Firdale North, 256 S Caner, 6% North Now4 Medical Center Expansion ;�.2.0 Metrics are approximate, conceptual only and subject to change with further study Mayor Rosen advised council questions/comments will be via round robin with Council President Olson randomly choosing names. Council President Olson advised comments or questions on the same topic will be accepted before moving on to the next councilmember. Councilmember Dotsch commented on the importance of being knowledgeable about the opportunities in Edmonds because Edmonds is very unique and is not flat. Therefore the idea of more density in semi -rural areas with no sidewalks, limited sightlines, steep slopes, etc. does not make sense. There are also a lot of environmental issues in Edmonds that other cities do not have. A more comprehensive discussion about these options is helpful versus taking things one at a time in a silo. Edmonds City Council Draft Minutes March 5, 2024 Page 3 Packet Pg. 91 8.1.a Councilmember Chen, a member of the citizens housing commission in 2021, said this topic has been discussed by professionals, the community and the council for 3-4 years. If the council chose the strategy of 1 ADU per lot, another 900 units would need to be identified via other strategies. He asked if multifamily developments in the City count toward that. Ms. McLaughlin answered yes. The 900 unit delta between 1 versus 2 ADUs already accounted for the multifamily units that are in the growth alternatives. The City has to accommodate an additional 4,000 units which was done with the growth alternatives in the pie charts, but that methodology assumed 2 ADUs per lot. If those 900 units have to be removed via allowing only 1 ADU, an additional 900 units need to be identified. Senior Planner Jeff Levy explained that would be beyond what is already planned in the growth alternatives. Councilmember Chen asked if that included permits already in the pipeline. Ms. McLaughlin answered it is just zone capacity; zone capacity means the City is enabling development to happen and if all of it happened, the City would exceed its growth targets. The growth targets only assuming 10% of properties would build an ADUs over the next 20 years. In reality site constraints, finances, personal preferences, etc. will dictate whether development happens. Just because the City enables it via zoning, does not mean it actually happens. Councilmember Chen clarified the assumption is only 10% of allowable ADUs will end up being constructed. Ms. McLaughlin explained the zone capacity would enable more than 10%, but the market based theory is only 10% will take advantage of the opportunity to build an ADU and Department of Commerce allows assuming only 10%. Mr. Levy explained it is 10% of what is left after removing parcels with significant critical area, that do not have 600 square feet for an ADU, and that are tax exempt. Councilmember Paine asked for clarification, ADUs would not be capped at 10%. Ms. McLauglin answered no, to meet the growth targets, the City can only use 10%. Councilmember Paine asked how many ADUs currently exist in the City. She recalled the housing commission discussed ADUs as an opportunity before this legislation and a lot of households already have ADUs although some may not be legal. Ms. McLaughlin said the number of legally permitted ADUs could be determined, but not the ones that may not be permitted. With regard to one versus two ADUs per parcel, Council President Olson asked if there was a way to allow two ADUs per lot but no more than one could be detached. Ms. Haas did not believe that would be possible. Mr. Levy said that may be a question for Department of Commerce. Councilmember Dotsch commented ADUs are in both HB 1110 and HB 1337. If ADUs are folded into the unit count in HB 1110 as 2 per lot, it would restrict them to 2 per lot. One is a triplex bill and the other is a duplex bill. ADUs can be counted in the duplex bill, HB 1110. The challenge is allowing three per lot. She referred to the Maple Leaf neighborhood which is being decimated with these type of structures; a duplex with a DADU. With Edmonds' stormwater issues, streams, CARA, watersheds, etc., it will be challenging to do more than two units on a lot of lots. With three, that will have impacts on the environment. In her opinion, to avoid environmental areas and buffers and unurbanized areas that lack infrastructure, assuming lots can accommodate three units is unrealistic and destructive to the environment. Ms. Haas explained an ADU is subject to the City's critical area code, ECDC Title 23.40, just like a single family development. ESHB 2321, which is on the governor's desk for signature, clarified language in HB 1337 guidance regarding ADUs on a parcel that includes a critical area. It has been updated to match the single family zoning code which would allow for development outside a critical area or its buffer. The way it was written previously was the city could prohibit an ADU on the entire parcel; it was clarified to match the single family zoning code to state development would not be allowed within a stream buffer or steep slope, not the entire parcel. Just like single family homes, everything is subject to the critical area code Edmonds City Council Draft Minutes March 5, 2024 Page 4 Packet Pg. 92 8.1.a which is pretty stringent. A lot of parcels are constrained by critical area and development standards which will limit the number of ADUs that will fit on lots. With regard to attached versus detached and addressing the issue of affordability and smaller spaces which seem to the higher need, Council President Olson suggested that need could be meet without the other detriments. To the extent that could be approved, that would be amazing. Councilmember Eck said she is hearing some say more than two ADUs, but for the sake of this conversation, the proposal is to allow up to two. Ms. Haas agreed it was up to two. COUNCILMEMBER NAND MOVED THAT THE COUNCIL NO LONGER BE CONSTRAINED BY DRAWING NAMES FROM THE CUP AND BE ALLOWED TO ASK INDEPENDENT QUESTIONS. WITH THE PACE THIS IS GOING, SOME COUNCILMEMBERS WILL NOT BE ABLE TO ASK THEIR QUESTION BEFORE THE STUDY SESSION IS OVER. MOTION DIED FOR LACK OF A SECOND. Councilmember Nand encouraged councilmembers to be brief to allow other councilmembers to ask questions. Council President Olson commented if more time is needed, this topic may be added to the agenda during the regular meeting. Mayor Rosen suggested questions and answers be as concise as possible. Regarding whether the City can limit it to one detached and one attached, Ms. Haas read from RCW 36.70A.681.c: "The city or county must allow at least two accessory dwelling units on all lots that are located in all zoning districts within an urban growth area that allow for single-family homes in the following configurations: (i) One attached accessory dwelling unit and one detached accessory dwelling unit; (ii) Two attached accessory dwelling units; or (iii) Two detached accessory dwelling units, which may be comprised of either one or two detached structures." Councilmember Nand relayed her understanding that short term rentals have largely been unregulated in Edmonds and the City does not collect lodging taxes on short term rentals. If someone were building an ADU or DADU for a short term rental, that does not contribute to the goals of affordable housing because it does not provide housing. She questioned waiving impact fees to subsidize that business activity. Ms. McLauglin answered cities are concerned about short term rentals when there is a correlation between the amount of short term rentals and escalating housing rental costs. The comprehensive plan will get into this in more detail; however, a cursory look at the number of VRBOs and Airbnbs found there are not that many short term rentals in Edmonds. Staff plans to also review City business licenses for short term rentals. Ms. Haas explained Washington State Department of Revenue may be able to provide a number as the City does not currently regulate short term rentals. A cursory google of Airbnb and VRBO found about 50 units within Edmonds. Ms. McLaughlin said so far staff is not seeing a correlation between the number of short term rentals and rental prices. The reason that is relevant is an ADU is often a mitigation for rising housing costs that that property owner needs to offset with a short term rental. The collection of lodging tax is also a good point to consider. Councilmember Nand clarified she is not hostile to people using short term rentals to subsidize the cost of living in Edmonds which is very high. Because that is a business activity that can impact the neighborhood, she questioned subsidizing it by waiving impact fees when the intent is to build ADUs to provide more affordable housing. Ms. McLaughlin said staff is not recommending waiving impact fees, that is a point of discussion to be considered. Per HB 1337, the City cannot charge more than 50%. Councilmember Nand commented if council was interested in creating a tiered system for people using ADUs/DADUs for affordable housing, she would be in favor in creating an incentive system. Edmonds City Council Draft Minutes March 5, 2024 Page 5 Packet Pg. 93 8.1.a Councilmember Paine asked if impact fees were related to water and sewer hookups. Ms. Haas answered transportation and parks. Councilmember Paine relayed her understanding single family homes were not charged impact fees. Ms. McLaughlin agreed. Councilmember Eck emphasized not everyone who would be allowed to build an ADU will do so. She asked whether the planning department has analyzed the advantage of including those 900 units by allowing up to 2 per lot for the comprehensive plan. Ms. McLaughlin referred to the methodology memo, the consultant's viewpoint, that taking advantage of 2 ADUs per lot in HB 1337 is not only more context appropriate, but gives individual property owners a lot of housing choices while still looking at a 15 minute neighborhood growth alternative strategy that adds vibrancy and growth to neighborhood centers and hubs without overtaxing them with the additional 900 units. That is what staff is leaning toward; offering the most flexibility for single family property owners while moderating growth in neighborhood centers and hubs in a positive way. Councilmember Dotsch relayed in her opinion growth should be planned where there is access to transportation, urbanized streets with sidewalks, etc. She was concerned about triplexes in the far reaches of north Edmonds and preferred to plan density closer to transit options especially if parking is not required. If ADUs are not folded into HB 1110, there could be a duplex and 2 ADUs. Mr. Levy answered yes, if the lot is large enough to support it, not exceed 35% lot coverage, and can around the trees and critical area. Councilmember Paine observed parking is not prohibited, it is just not required. Ms. McLaughlin agreed. If lots further from transit were to build ADUs, Mr. Levy commented there is always the question of whether they would be rentable or saleable. Market factors will determine whether some of those possibilities are financially feasible. Councilmember Nand commented when looking at the mandatory density bills, there are a lot of concerns about crowding and impacts on parking. The Safeway on Highway 99 has complained that residents of new developments that lack enough parking are parking in their lot. While that is a concern and something cities have to grapple with, the benefit of ADU/DADUs to the community and residents is instead of being priced out of the community and selling to a developer, they are able to subdivide their property to subsidize their cost of living and remain in the community. With regard to utilities and wastewater treatment, Councilmember Chen observed Lynnwood has a big development on the horizon. He asked about the capacity for Edmonds with this anticipated growth and next steps with regard to capacity. Ms. McLaughlin answered the whole point of developing growth alternatives and providing bookends for the intensity of development anticipated over the next 20 years in accordance with growth targets goes into an in-depth environmental analysis that includes looking at utility capacity and its ability to sustain the growth identified in the alternatives. If significant environmental impacts are identified that the City does not have the capacity to sustain, mitigation measures will be recommended to meet the capacity. That analysis will identify the capacity of the infrastructure and utilities. Councilmember Paine asked about the EIS. Ms. McLaughlin answered recommendations are being finalizing via the growth alternatives. It will be available in an online open house in March and April so the public can provide input. It has already been to the planning board and economic development commission and will come to council soon. Mr. Levy explained the two growth alternatives are strategies and bookends. They would both be studied and if at the end of the day there is not adequate infrastructure, something from the other strategy that was studied can be used. Ultimately the different alternatives will be married to ensure there are no significant environmental impacts. Edmonds City Council Draft Minutes March 5, 2024 Page 6 Packet Pg. 94 8.1.a Councilmember Nand said she has seen YouTube videos about building detached dwelling unit. Installing a concrete pad and utilities and build the space make it quite expensive. She was hopeful there was something the City could do to aid homeowners especially those who will attempt to be their own general contractor and might deal with substandard building, fraud, etc., that could be detrimental to them as well as to the community. She envisioned a huge avenue for unscrupulous contractors or subcontractors taking advantage of homeowners. She was unsure whether the City could address that from a policy or enforcement perspective to prevent predation of elder and vulnerable seniors who might be interested in pursuing an ADU/DADU. Ms. McLauglin answered some cities have considered preapproved ADUs including off the shelf, preapproved plans. That is something staff has been intrigued by, but would require a grant writer to execute which staff does not have capacity to explore this year. Ms. Haas commented any ADU/DADU is still subject to the building code and codes applicable to single family construction. The City will not allow substandard development, it still has to go through the same process. With regard to the inhabitable area versus unheated areas, Councilmember Dotsch observed the limit in HB 1337 is 1000 square feet of inhabitable space. In addition there could be decks, patios, garages, unheated space, etc. so they could be quite large. If one looks at what's happening in Seattle, these are not small cottages or granny flats in the backyard. She asked for confirmation that unheated spaces would not be included in the inhabitable square footage. Ms. McLaughlin agreed, explaining any restrictions have to be consistent with restrictions on single family residents; there are currently no limitations on inhabitable space for single family. Ms. Haas explain what will dictate the overall size and footprint are the structural lot coverage and other lot standards that the primary unit is also subject to. She agreed the City could not dictate the amount of uninhabitable space within an ADU unless that is also done for single family homes. Councilmember Dotsch asked if an off the ground deck was different than a patio. Ms. Haas answered typically something over 3 feet in height and permanent adhered to the ground; 35% is the maximum structural lot coverage. Per the existing code, anything under 30" can extend into the setback 1/3 or 4 feet whichever is less. Ms. Haas clarified a question by Councilmember Dotsch, if setbacks were allowed to be reduced to 5 feet in the rear, could a concrete patio extend into the rear setback? She answered it could extend into the setback by 1 /3 of the 5 feet. Ms. McLaughlin clarified it is limited to RS-6 and RS-8 zoned lots which are primarily downtown. Ms. Haas said that has not been addressed yet but that is how staff is reading it, but it can revisited. One-third of 5 feet is a negligible amount. Walkways are not regulated so they can be in the setback. Council President Olson asked if a relatively thing could be done on the main residence as well. Ms. McLaughlin said from a staff resourcing standpoint, it is fairly arduous to have the ADU relative to the size of the main residences. Council President Olson clarified her question was relativity of the unconditioned space in the ADU to the percentage allowed in single family based on the total square footage. Ms. McLaughlin answered anything that is done for single family could be required for ADUs. Council President Olson suggested it could be done as a percentage for example there could be unconditioned spaces up to 10% for both the single family and the ADU. Ms. Haas answered it would need to apply equally to both. Council President Olson observed 10% of a single family home would be different than 10% of an ADU. Councilmember Eck was curious how the 10% was determined, that the City can only get credit for 10%. There's always the risk that people will go gangbusters, but she wondered if there was a national figure that once a zoning change was made, what percentage of the community take advantage of it. Ms. McLaughlin said she would have to get back to the council on how the Department of Commerce came up with the 10%. When that is equated to ADUs in Edmonds, it amounts to approximately 80 per year and based on the City's permit volumes, she did not anticipate seeing in excess of 10%/year. There is an opportunity to make a case Edmonds City Council Draft Minutes March 5, 2024 Page 7 Packet Pg. 95 8.1.a beyond 10% if the City can prove the market demand, but ADU permits do not show the demand will exceed 10%. Mr. Levy referred to the consultant's methodology memo which states the Department of Commerce reduced capacity of resultant ADU by 90% by applying a 10% maximum participation rate. This rate has been set by the Department of Commerce and accounts for feasibility considerations not already captured by this method as well as reasonable upper limits of the ratio of property owners who would be interested in redevelopment. Commerce believes that is a catchall that even after taking into consideration the things they haven't thought of, 10% max would participate. Councilmember Nand commented if the City wanted to incentivize ADUs as a solution to affordable housing and these are accompanied by state mandates, would there be a possibility of going to Department of Commerce to ask for preapproved plans. The design element is one of the cost burdens of building ADUs; preapproved designs would provide a level of control over what is built in the City stylistically, etc., and reduce the cost for homeowners. That seems to be win -win and if the state passes these mandates down to the City, that would be a reasonable ask. Mr. Levy said a couple of cities have programs; some have a competition asking local architects to submit designs and the top 10 are selected via a design process which are then the City's preapproved plans. Ms. McLaughlin said the project team has looked into that and she could see that as a next step in 2025. There are grants available which is how a lot of cities have done it. Mr. Levy said Leavenworth did it. With regard to the regulation that DADUs cannot be required to be less than 24 feet tall, Council President Olson asked if there is any variability in how that is measured. Ms. Haas answered the method for determining height for single family is based on the average original grade of the property. An architect would be asked to show the smallest rectangle around the footprint which includes bump outs, etc., and calculate the average of the four corners. The maximum height for single family is 25 feet from that point. For single family if the proposed height is 24-25 feet, once the foundation is laid, the building department requires a height survey. The same would be required for DADUs, calculate the average original grade and the height could not exceed 24 feet. Council President Olson said the City is choosing to take that approach or possibly it is the industry standard, but if there are options such as taking the slope into consideration so the DADU does not tower over the single family home, she would support exploring that to determine a better way. Councilmember Chen relayed his understanding the maximum height limit for DADUs is 24 feet but the main building's height limit is 25 feet. However, if the main house is a on hill and the ADU is on the downslope, it could be three stories and still not exceed the main house's 25 foot height limit. He asked if that would be something that could be entertained. Ms. Haas envisioned a main house and an ADU, if the unit is detached, it would be just around the four corners of the lower ADU so it could only be 25 feet. The single family would not be taken into account. If they are attached, the four corners of the entire structure would be used in the calculation. It would be relative to the space it is on, not the space that the other unit is on. Councilmember Chen said if the goal is to increase affordable housing, there should be exceptions to allow that to happen. Ms. McLaughlin said she was unsure that would be a barrier to development. Ms. Haas read from the state law, "cannot establish roof heights on an ADU of less than 24 feet unless the height limitation on the principal unit is less than 24 feet. Cannot impose a roof heigh limitation on ADUs less than the height limit that applies to the principal unit. If there is a 15 foot primary unit, because the code allows it to be up to 25 feet, an ADU would be allowed to be 24 feet." Council President Olson said her question was if the structures were not on the same level. Edmonds City Council Draft Minutes March 5, 2024 Page 8 Packet Pg. 96 8.1.a Councilmember Dotsch said the City planned for growth in the past in areas where density was near transit, had infrastructure, etc. Now the City is planning for 2-6 times more growth in areas that never expected that kind of density. She asked how that was reconciled infrastructure wise. Envisioning capital projects to create capacity for density will be exponentially increased. Ms. McLaughlin said that question was considered in the comprehensive plan EIS and study of the infrastructure capacity. Councilmember Dotsch requested Engineering Program Manager Jeanie McConnell answer her question. Ms. McConnell said she was probably not the right person to answer that question and referred to the answer Ms. McLaughlin provided or anything additional that City Engineer Rob English could provide with regard to capital projects. ADJOURNMENT With no further business, the Council meeting was adjourned at 6:28 p.m. Edmonds City Council Draft Minutes March 5, 2024 Page 9 Packet Pg. 97 8.2 City Council Agenda Item Meeting Date: 03/19/2024 Approval of Council Minutes March 5, 2024 Staff Lead: Council Department: City Clerk's Office Preparer: Nicholas Falk Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 2024-03-05 Council Minutes Packet Pg. 98 8.2.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES March 5, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember ELECTED OFFICIALS ABSENT Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Dave Turley, Administrative Services Director Susan McLaughlin, Planning & Dev. Dir. Rose Haas, Planner Jeff Levy, Senior Planner Lief Bjorback, Building Official Jeff Taraday, City Attorney Nicholas Falk, Deputy Clerk Beckie Peterson, Council Executive Assistant Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 6:59 pm by Mayor Rosen in the Council Chambers, 250 5'a' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Council President Olson read the City Council Land Acknowledge Statement: "We acknowledge the 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 Deputy Clerk Nicholas Falk called the roll. All elected officials were present with the exception of Councilmember Tibbott. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO EXCUSE COUNCILMEMBER TIBBOTT FOR INTERNATIONAL TRAVEL. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS 2023 PROSECUTOR'S OFFICE ANNUAL REPORT Renee Walls introduced Aaron Walls, explaining they are the entirety of the legal team at Walls Law Firm. They have two full-time paralegals, and one legal assistant who is fluent in Spanish. Edmonds City Council Draft Minutes March 5, 2024 Page 1 Packet Pg. 99 8.2.a As the last presentation had case numbers through 2021, their report includes case numbers for 2022 and 2023. Total criminal filings in 2022 were 588 and 545 in 2023. Their report contains a list of the total case filings which includes civil filings as well as criminal filings. The numbers provided are from the Washington Court's website. Walls Law Firm has been the City's prosecuting attorney for a portion of 2023; this presentation is intended primarily as an introduction and a status update as they do not have all the information for 2023. Their report include appeals; while Walls Law Firm has just gotten the written rulings from Snohomish County Superior Court in 2024, she felt it was important to inform the council about those rulings. The City's prior law firm, Zachor Stock & Krepps, filed a RALJ appeal in Superior Court after evidence was suppressed by the Department of Licensing (DOL) which prevented the City from proceeding. There are very few instances when a city can appeal a case and was one of those. When Walls Law Firm took over, briefs had already been written and Aaron Walls appeared for oral argument. As expected, the City was not successful in those appeals; other jurisdictions have also filed appeals with same results. The DOL changed their procedure over time making it difficult if not impossible to provide proof. Mr. Walls explained in Driving While License Suspended cases, caselaw requires proof that the process has been followed. Unfortunately, the DOL no longer maintains that documentation. They hope to work with the DOL and other jurisdictions to find a way around that. Ms. Walls said she was impressed with the resources made available at community court including food, and access to services such as treatment and assessments that service providers available online. As a result, they moved some of the food theft cases and certain crimes of poverty to community court to provide better access to services while the cases proceed. Ms. Walls reported on codification of SB 5536, the Blake Fix which addressed knowing possession of controlled substances and requirements regarding disposition and prosecution of those crimes. Under this statute, prosecution is strongly encouraged to consent to resolve these cases in therapeutic courts by means of pretrial diversions such as stipulated order of continuance (SOC) in community court. Those usually take six months and require the defendant agree to treatment. The defendants meet with probation and receive a chemical dependence assessment before entering the SOC. If the defendant is success in their treatment and following the terms of the agreement, at the end of six months, the charge is dismissed. If not, the court proceeds based on police reports to make a determination whether to find the person guilty or not guilty of a crime. Ms. Walls said they expected to see a significant increase in these crimes once the statute was in effect, but that did not happen in Edmonds or in other cities which was quite surprising. Councilmember Paine said she was glad to hear about community court and the SOC. She has a master's degree in public administration; one of her theses 20 years ago was on therapeutic courts and drug court when that concept was still fairly new. At that time, the dollar value for having a community court/therapeutic court was every dollar invested had a 12-fold return to the community because therapeutic courts work. She was glad Walls Law Firm has positive feeling about the community court. Ms. Walls said she has worked in therapeutic courts in the past and is a big fan. She has been trying to track the number of cases that entered SOCs and was hopeful next year's annual report she will be able to report on some outcomes. Councilmember Eck appreciated hearing about diversion efforts. She asked when conditions are established and a defendant agrees to seek treatment, are there enough facilities and providers to provide treatment. Ms. Walls answered yes. Councilmember Nand was excited to hear about Ms. Walls' background and experience in diversion and community court. She asked if there were graduations from the community court and could councilmembers Edmonds City Council Draft Minutes March 5, 2024 Page 2 Packet Pg. 100 attend to cheer people on. Ms. Walls answered she could research that and get back to Councilmember Nand. Councilmember Nand asked if access to services includes any housing placement such as into Oxford Houses or other sober living environments. Ms. Walls answered they ask people to meet with probation staff to discuss needs -based services and providing them a list of services that meet those needs and tracking whether those services were accessed. It was her understanding there are housing services, but she could confirm that and get back to Councilmember Nand. The court likely has information about available services. Councilmember Nand reported in her extended network, someone recently overdosed from dust -off which was something he thought he could use without triggering a positive drug test and lose his housing. It was actually much more dangerous than the opioids he was addicted to. There are so many fraught issues and diversion courts and community courts are worth the funding because they save lives and she thanked the Walls for their lifesaving work. Council President Olson said she was aware from committee discussion that the City's codes are being updated as a result of issues identified by the Walls Law Firm. She thanked them for being proactive and holistic in the services they provide to the City. She welcomed them and thanked them for being part of the Edmonds team. Councilmember Chen relayed he was impressed with the skill set the Walls Law Firm provides including multiple languages which ensure maximum coverage. With regard to the failed appeal, he assumed the DWLS was referred by law enforcement and asked about that relationship and why the appeal failed. Mr. Walls explained these are cases where a person's driver's license has been suspended for a number of reasons. Once their license is suspended, if they are stopped by an officer, they receive a citation for driving with a suspended license. Proving that the person committed the crime of driving with license suspended requires proof that there was due process in the suspension on their driver's license. The key part of that would be proving they received proper notice that their license would be suspended and options. Unfortunately, DOL no longer keep information showing that they were given proper notice. That needs to change so those cases can continue to be prosecuted. Councilmember Chen asked if there were any resources to help those people regain their driver's license. Mr. Walls said he was not sure about specific resources; when those cases come through the court, they try to work with their attorney to give them a roadmap of what they need to do to get their license back. Ms. Walls answered often their attorney will assist them with that process. A lot of license suspensions are for a specific time period and once that time period expires, they can get their license back. 2. ANNUAL PRESENTATION FROM THE EDMONDS CENTER FOR THE ARTS Executive Director Kathy Liu, Associate Executive Director Lori Meagher, and Edmonds Public Facilities District (EPFD) Board President Ray Liaw introduced themselves. Board President Liaw reviewed: Who we are: o Creation and History of Edmonds Public Facilities District (EPFD) and Edmonds Center for the Arts (ECA) ■ In 2001 the City created the EPFD following legislation to have sales tax revenue dedicated to a public facility, the baseball stadium in Seattle. Several regional centers in the state were developed under that legislation. ■ Creating the EPFD allowed it to secure .2% sales tax to fund the purchase of the former Edmonds High School. ■ EPFD also partnered with Snohomish County who distributes .2% sales tax to the four facilities in Snohomish County. Edmonds City Council Draft Minutes March 5, 2024 Page 3 Packet Pg. 101 8.2.a o Relationship between EPFD and the City of Edmonds ■ EPFD is a separate entity and is not under the City's control but has a strong relationship in a number of ways including by statute the council appoints the members of the EPFD Board. ■ The City backed bonds to fund the facility in 2002 and 2008. ■ The City also provided funds during the recession in 2008 that the EPFD is working to pay back with interest. o The ECA 501(c)3 nonprofit ■ Early in its formation, the EPFD realized, like most PACs, operating on revenue alone would not necessarily be feasible and the ECA nonprofit was formed. ■ ECA Board is a fantastic partner who fundraises to assist in providing the variety of programming the ECA offers. Ms. Liu reviewed: Edmonds Center for the Arts Mission o To celebrate the performing arts, strengthen and inspire our community, and steward the development and creative use of the ECA Campus What We Do o Program a robust and multi -genre performance season, bringing diverse artists of the highest quality to Edmonds o Serve our Edmonds and Snohomish community through education and outreach activities that cover both breadth and depth, including our educational programs for schoolchildren, senior - focused arts therapy programs, and arts enrichment programs for general audiences o Host and serve community, regional, national, and international organizations through an active rental program, including long-time partners Cascade Symphony Orchestra, Olympic Ballet Theatre, and Sno-King Community Chorale Board President Liaw reviewed: • Executive Director Transition o Transition and Search Process ■ Nearly year -long process ■ National Search Firm o Founding Executive Director Joe McIalwain departed ECA after 17 years of service on August 31, 2023 o Lori Meagher served as Interim Executive Director through the transition until November 1, 2023 o Kathy Liu joined as ECA's new Executive Director November 1, 2023 Ms. Liu reviewed: • 2023/2024 Season Edmonds City Council Draft Minutes March 5, 2024 Page 4 Packet Pg. 102 o The Manhattan Transfer I September 22 o Indigo Girls I September 27 o Nearly Dan I October 14 o Vienna Boys Choir I October 18 o Eli "Paperboy" Reed vs o Harlem Gospel Travelers I October 19 o Herb Albert & Lani Hall I October 21 o Mariachi Herencia de Mexico I October 25 o Lyric & Spirit I October 28 o Lindy West I November 9 o Jenny & The Mexicats I November 11 o Seattle Int'l Comedy I November 15 o An Evening with Amanda Knox I November 29 o Mark O'Connor's An Appalachian Christmas I December 4 o Amy Hanaiali'I I January 20 o Pink Martini ft. China Forbes I January 25 ECA's Audience Members o Marc Cohn I January 28 o Michael Cavanaugh I February 8 o Storm Large I February 14 o CelloGayageum I February 15 o Alan Doyle I February 25 o WE SPEAK Festival I March 1 o God is a Scottish Drag Queen: The 2nd Coming I March 2 o Leahy I March 6 o Time for Three I March 15 o Radical System Art I March 23 o Pamyua I April 4 o Oumou Sangare I April 6 o All Thing Equal: o The Life & Trials of RGB I April 17 o Roger McGuinn I April 20 o Colin & Brad: Scared Scriptless I April 26 • Education & Community Engagement — Serving Nearly 4,500 Annually o Youth and general engagement programs include: ■ Student Matinees ■ In -School workshops in the Edmonds School District (8 schools in 23/24 season) ■ Summer camps ■ Professional development for teachers ■ Pre -show talks o On January 27, the return of Kidstock! separately brought 1,500 attendees to ECA, comprised of young families with children under 12. o Senior programs include: ■ Dementia -Inclusive series ■ Windows to the Arts • 2023/2024 Rentals o Artemidorus: A Pink Floyd Experience o Meadowdale High School o ASHA for Education Tamil Band o Mosaic Arts NW o Ballyhoo o Multicultural Association of Edmonds o Barclay Shelton Dance Theatrics o Nana I Ke Kualu Pono o Cascade Symphony Orchestra o North Queen Drill Team Edmonds City Council Draft Minutes March 5, 2024 Page 5 Packet Pg. 103 8.2.a o Celtic Arts Foundation o Cherry Orchard Festival o Community Christian Fellowship o The Daily Herald o Demiero Jazz Festival o Don Friesen o Edmonds College o Edmonds Jazz Connection o Edmonds PTA o Edmonds School District o Edmonds Woodway High School o Eva Ayllon Eternamente Criolla o EXEM Entertainment o Faramarz Aslani o Golden Dancers o Gothard Sisters o Grand Kyiv Ballet o Hula O Lehualani o Kristina Orbakaite o Northwest Sherpa Association o Christmas Tea o Olympic Ballet Theatre o PACE Live o PIMA Graduation o Rhythm & Soul Dance Company o Rick Steves Travel Talks o Rock it Boy Entertainment o Scratch Distillery o Seattle Film Festival o Seattle Festival Orchestra o Sno-King Community Chorale o Sno-King Music Educators Association o US Air Force Band o Valeriy Meladze o Washington School of Dance o World Ballet Art Competition o Youth America Grand Prix Ms. Meagher explained ECA is a hosting venue that serves a multitude of clients, many of whom are bringing their event to a venue or a stage for the first time. Founding Executive Director Joe McIalwain recognized that and believed in engaging and supporting the communities ECA works with toward removing barriers to access to the venue. In August 2023, the McIalwain ECA Access Fund was officially named, designed with the intent to provide scholarships to offset a portion of the base rental cost using funds raised through last year's Center Stage. Additional access components to this fund include ECA's Arts for Everyone which provides discounted tickets to events as well as universal accessibility as it related to ADA and DEI improvements to the campus. This fund is still being finalized with hopes to fully execute it in the end of Q2 2024. Ms. Meagher reviewed: • 2023 Rentals o Rental and hosting program is continuing to see a return to pre -pandemic numbers with an 18% increase in rentals in 2023 over 2022. FY2022 Audit Results o FY2022 financial audit only ■ Unmodified Opinion Issued ■ No material misstatements identified ■ No uncorrected misstatements in the audited financial statements o Internal control deficiency finding Edmonds City Council Draft Minutes March 5, 2024 Page 6 Packet Pg. 104 ■ Related to the implementation of GASB87, Leases - Correction taken during audit process with restatement of financials ■ Additional measures to restore strength of internal controls: - Utilization of State Auditor's Office Year -End Checklist - Accounting team trained on upcoming GASB pronouncements - Updated financial policies & procedures manual - Associate ED review of year-end financial statements a documented process - Meeting scheduled for ECA's Associate ED and City of Edmonds Deputy Director of Administrative Services on 3/14/2024 o FY2023 will be both financial and accountability audits Financial Update o ECA is still recovering from the pandemic ■ Doors reopened in September 2021 after being closed for 18 months ■ 2023 was first full year with no COVID-19 impacts to operations ■ While seeing increases in rentals, much like other PACs across the country and in the region, facing challenges with ticket sales and ticket buyers changing their purchasing habits such as purchasing tickets to shows they recognize as well as last minute ticket purchases ■ The amazing programming team have been evaluating and taking this into account when building the upcoming season o A significant investment was made in staffing in 2023 to support programs and better serve the community. The team is doing a wonderful job controlling expenses which helped offset the e Financial Outlook Budget %0f FY2o2 FY2023 FY20M ge Chan" Amounts �� u,asanas FY FY22 OperatingRevenue 3,719 2,882 2,624 9.83% Operating 4,114 3,341 3,287 1.6 % Operating Surplus Goss) (395) (459 (523) -13.9% Amount � thy„ s B Fug 2t FY2o2$ FY2o22 % 0f Change FY23/FY22 Number 0f Events 196 183 141 29.80% Number of Attendees 74,625 67,684 48,0438.70% Tota( F rFs 28.4 .2 20.8 16. o% Revenue W FM 131 1 127 126 o.eo% e Projected Repayment of Loan from the City of Edmonds Edmonds City Council Draft Minutes March 5, 2024 Page 7 Packet Pg. 105 8.2.a Ms. Liu reviewed: Coming Soon 0 24/25 season ■ 24 shows + 10 mystery shows will be shared at Center Stage o New Strategic Plan development ■ Work with external consultant ■ Complete by end of 2025 o Building envelope study and campus future Ms. Liu expressed appreciation to the City for their support and partnership. Councilmember Nand complimented the ECA team for the incredible work they do behind the scenes to keep this resource available to the community. During the 2006 season, as a community college intern, she worked on the program for the Olympic Ballet performance. The EPFD collects .2% from sales tax and provides incredible benefit to the community via its direct offerings and engagement as well as providing a training and employment opportunity for young community members in South Snohomish County. Councilmember Eck commented it has been an honor to get to know the EPFD Board and ECA staff over the last couple months as the liaison to the EPFD. She reiterated her offer to support the EPFD/ECA in any way she can and assured other councilmembers feel same. She agreed the ECA contributes to an increased quality of life for the community. Councilmember Chen commented the .2% sales tax is put to good use in the quality of life improvements, programs, and economic impact the ECA bring to Edmonds. That doesn't just happen, it is due to the dedication and hard work of the leadership and the entire team. He applauded the EPFD/ECA's efforts and offered the City's support to help make the community even greater. Council President Olson commented the council has a lot of sensitivity to annual operating losses based on what the council is learning about budgets. She asked if the shortfall can be made up in the year it occurs and where does the money come from to address that imbalance. Ms. Meagher answered fortunately the EPFD is able to utilize sales tax revenue when needed to offset operational losses. Fundraising in the community also helps close that gap. Ms. Liu commented that is something that will obviously be part of the strategic plan; it is not a gap that can be made up in a year operationally. It likely will be a combination of expense reduction and revenue generation from ticket sales, rentals, and donations. Council President Olson commented in addition to donations, the community can support the ECA by attending shows, a win - win because it provides revenue and patrons have a good time. Edmonds City Council Draft Minutes March 5, 2024 Page 8 Packet Pg. 106 8.2.a Councilmember Dotsch was glad to hear the ECA was back to full programming, recognizing the challenging time the organization experienced. She liked the variety of programs the ECA offers, not just performances but programming like the dementia series. She asked how many people participate in the dementia program. Ms. Liu answered it fluctuates because it is free and due to the participants' circumstances; attendance varies from 5-20 per session. Councilmember Dotsch looked forward to hearing more about the strategic plan. Councilmember Paine asked if there were any complaints about the outdoor concerts in the summer which she found to be a lot of fun. Ms. Meagher said she did not recall any complaints. The music is well received and the neighborhood is used to it. Board President Liaw commented the concerts end well before 9:00 p.m. Councilmember Paine was pleased the ECA was getting out in the community and going into places where people aren't able to attend events at ECA. It is so meaningful to honor people where they are and brings new groups of people together which is what art is all about. Mayor Rosen thanked the ECA for what they bring to the City and what they do for our souls. 5. APPROVAL OF AGENDA COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER ECK, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER DOTSCH, TO AMEND THE AGENDA TO ADD A NEW ITEM 9.2, CONTINUATION OF DADU STUDY SESSION. MOTION CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Judi Gladstone, Edmonds, spoke regarding council meeting notes, relaying she has staffed many committees, been on commissions and advisory committees, is currently on the Edmonds planning board, has run nonprofits, and is an executive director on a board that keeps minutes. In every venue she has worked in, she has supported action -oriented minutes for many reasons. The planning board uses summary notes which has caused problems in the past. One of the main reasons she did not think detailed minutes were advantageous for the council to continue was they require excessive amounts of time for individual electeds and potentially the entire council to review and correct. Electeds' time is much better spent on understanding the issues before them rather than ensuring what they said at previous meetings is accurate, especially when there is little use for those type of minutes in the future. As a citizen, it's too much to slog through to get a sense of what the council said; it is best to know what the council did. As a planning board member, sometimes the council's notes are included in their packet and she finds it cumbersome and not necessarily adding a lot to a subject. Detailed minutes are also no longer needed because meetings are recorded and anyone can listen to the video. If notes can be created that indicate where things are, that is even better. Meeting summaries as an alternative to detailed notes can be helpful, but they can suffer from bias if some things are included and others are omitted. Trying to capture the essence of a conversation takes a good notetaker time to synthesize the information and provide a summary. She concluded the council would be better served by action oriented notes and she encouraged the council to give that their due consideration. 7. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FOR FILING 2. WRITTEN PUBLIC COMMENTS Edmonds City Council Draft Minutes March 5, 2024 Page 9 Packet Pg. 107 8.2.a 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER ECK, TO APPROVE THE CONSENT AGENDA. Council President Olson requested Item 8.3, Title 19 Building and Fire Codes, be removed from the Consent Agenda. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF REGULAR MEETING MINUTES FEBRUARY 20, 2024 2. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT ITEMS REMOVED FROM CONSENT 3. TITLE 19 BUILDING AND FIRE CODES COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO PASS TITLE 19 BUILDING AND FIRE CODES IN THE PACKET. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO AMEND THE CODE AS PROPOSED TO ADD AN EXCEPTION UNDER R.319.1 ADDRESS IDENTIFICATION. PER THE EMAIL FROM STAFF TODAY, THE ADDITION IS AS FOLLOWS: EXCEPTION. WHERE APPROVED BY THE FIRE CODE OFFICIAL, NUMBERS ATTACHED TO TRADITIONAL STYLE OR HISTORICAL STRUCTURES, OR WHERE OTHER CONTEXT MAY WARRANT, MAY BE LESS THAN 4 INCHES IN HEIGHT. Councilmember Nand observed Address Identification is in Section P.502.1, not Section R which appears to relate to automatic fire sprinkler systems. Council President Olson advised R.319.1 is related to address identification but it is under ECDC 19.05.020. Building Official Lief Bjorback responded the addressing provisions in the building code occur in three different places. The current proposal is to add an amendment to the residential building code, the IRC. Staff did not have enough time to make consistent changes in the commercial codes, IBC, and the fire code 19.25. He was hopeful this will be a step in the right direction to address residential structures as a start. Council President Olson asked if reference to R.319.1 is correct. Mr. Bjorback agreed it is correct, R.319.1 is the residential code in ECDC 19.05. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 9. COUNCIL BUSINESS DECEMBER 2023 QUARTERLY REPORT Administrative Services Director Dave Turley reviewed the 2023 Fourth Quarter Financial Update: • Revenue Update: o The local economy has been doing much better recently, with relatively low unemployment and inflation. Interest rates remain high, which negatively affects home sales and other property transactions, as well as motor vehicle sales. This negatively impacts our REET Revenues and sales tax revenues. However, higher interest rates have helped our investment portfolio bring in $1.7 million of revenue to the city in 2023, almost $450,000 (36%) more than any previous year. Edmonds City Council Draft Minutes March 5, 2024 Page 10 Packet Pg. 108 8.2.a o General Fund revenues (pg. 4) came in at $50.0 million, which is 4.9% under budget. General Fund expenses (pg. 10) came in at $59.7 million, or 7% under budget. Estimated ending fund balance (pg. 33) came in at $2.2 million, which is $830,000 less than the most recently updated estimate. o It is important to understand that numbers reported in the monthly reports are estimates that are subject to change after the final year-end close is performed. These are cash -basis numbers that are converted to accrual -basis for the financial reports. General Fund Revenues ended the year $4,689,355 ahead of last year, and $2,553,295 under budget General Faad Cumulative Monthly VrD Variance Budget Forecast Budget Forecast Actuals % January $ 2,843,094 $ 2,843,094 $ 2,320,252-18.39% February 5,636,382 2,793,288 4,920,100-12.71% March 8,487,993 2,851,611 8,150,445 -3.98% April 12,010,212 3,522,219 16,689,365 38,96% May 22,451,612 10,441,400 21,615,550 .3.72% June 25,498,180 3,046,568 23,772,230 -6.77% July 28,462,795 2,964,616 27,008,084 -5.11% August 31,857,014 3,394,219 30,494,023 -4.28% September 34,651,707 2,794,693 33,627,848 -2.95% October 39,245,890 4,594,183 41,665,078 6.16% November 49,438,148 10,192,259 46,406,295 -6.13% December 52,558,830 3,120,682 50,005,535 -4.86% General Fund Revenues by Quarter Operating Revenue Property Taxes -General Levy Property Taxes - EMS Levy RetailSales Tax Other Taxes Licenses and Permits Intergovernmental- CHIP Grant Intergovernmental- Other Charges for Services Fines and Forfeitures Interest Earnings Miscellaneous Total Operating Revenue 2023 022023 $ 824,405 $ 4,969,695 $ 240,675 $ 4,606,009 330,582 1,993,329 96,508 1,847,604 2,781,110 2,757,588 3,042,314 3,033,814 2,279,964 2,129,157 2,041,617 1,894,116 599,769 544,871 484,718 949,831 - - - 1,361,011 206,674 574,187 331,318 268,738 906,937 2,389,517 2,513,413 1,865,842 68,894 22,662 54,632 48,181 17,046 85,401 78,140 66,828 135,064 155,378 152,494 353,436 8,150,445 15,621,785 9,035,829 16,285,410 NonoperatingRevenue Transfers In 0 97.066 - Insurance Recoveries , - - 722.723 92,277 Total Revenue $ 8.150,445 5 15.621,785 $ 9.855,618 5 16.377,687 o Cash flow is very erratic, almost entirely due to property taxes. Nearly all property taxes are received in two months. Expenditure Update: o General Fund expenditures for the year are $10.6 million more than this time last year, which is still $4.3 million (7%) under the amount authorized by Council. o General Fund expenses by department can be found on pages 30-32. Every department in the General Fund finished the year under budget except for Administrative Services and the Police Department. These two departments combined were over budget by $261,963, or 1.5%. o Special Revenue Funds during the year spent only $17.8 million of their approved $24.7 million expenditure budget (72%). Much of the underspending comes from REET funds, which spent $2.4 million (66%) less than their budget, and the Street Construction Fund, which came in $3.1 million (28%) under budget. General Fund Expenses ended the year $10,647,348 greater than last year, and $4,307,234 under budget Edmonds City Council Draft Minutes March 5, 2024 Page 11 Packet Pg. 109 8.2.a General Fund Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % Genelnl Fund January $ 6,139,087 $ February 11,066,844 March 15,924,888 April 20,588,171 May 25,617,603 June 31,418,317 July 36,370,475 6,139,087 4,927,757 4,858,044 4,663.283 5,029,432 5,800,714 4,952,158 $ 4,868,760 .20.69% 10,063,682 -9.06% 14,793,075 -7.21% 28,985,494 .7.78% 23,497,459 -8.28% 28,704,022 -8.64% 33,359,621 -8.28% 5.000.000 .000.000 55.00D.ODO 000.000 5.000.000 40.000000 3500D.000 000.000 25 000.000 -000.000 - August 42,238,767 4,768,292 38,672,822 -5.99% 15.000.000 September 46,442,045 5,303,278 43,450,297 -6.44% 10A00.000 5,000,000 October 51,703,607 5,261,562 47,415,870 -8.29% 0 November 57,577,998 5,874,392 54,483,300 -5.37% L. N FEB -,L�R APR ML Y JO\ ;TL AT-G SEP OCT \OG DEC December 63,983,894 6,405,896 59,676,660 -6.73% �Currmt Yea Budget P.-Year General Fund Expenditures by Quarter Q12023 Q22023 Q32023 Q42023 ExperldRwes City Council 108,460 99,692 110,914 104,841 Office of the Mayor 101,671 93,558 95,377 93,006 Human Resources 230,737 224,554 239,553 308,680 Municipal Court 352,625 374,183 370,595 401,968 Administrative Services 774,413 552,880 609,193 626,760 City Attorney 186,270 241,560 276,653 349,876 Non -Departmental 4,986,307 3,419,284 4,335,640 2,777,969 Intergovernmental - CHIP Grant - - - 1,361,011 Police Department 3,173,554 3,487,960 3,897,118 4,482,268 Community Services /Econ. Develop. 289,600 366,664 402,218 379,955 Pia nning&Development 913,919 1,020,392 978,930 1,133,922 Parks, Recreation, Human Services 1,443,058 1,304,751 1,790,785 1,693,350 Public Works -Administration 160,542 155,827 171,625 198,950 Facilities Maintenance 1,264,752 737,662 640,493 1,360,629 Engineering 807,168 845,455 827,191 838,180 Total Expenditures 14,793,076 12,924,422 14,746,275 16,111,365 Q Edmonds City Council Draft Minutes March 5, 2024 Page 12 Packet Pg. 110 8.2.a Q12023 Q2 2023 Q3 2023 Q4 2023 OperathwRevenue PropertyTaxes- General Levy $ M405 S 4.969.695 $ 240,675 $ 4.606,009 PropertyTaxes - EMS Levy 330.582 1.993.329 96.508 1,847,6D4 RetaiLSalesTax 2,781.110 2.757.588 3.042,314 3.033.814 OtherTaxes 2,279.964 2.129.157 2.041.617 1,884,116 Licenses and Permits 599,769 544.871 484,718 949,831 Intergovernmental- CHIP Grant 1,361,011 Intergovernmental - Other 206,974 574.187 331.318 268.738 Charges for Services 906.937 2.399.517 2.513.413 1,865,842 Fines and Forfeitures 68,894 22 662 54,632 48,181 Interest Earnings 17,046 85.401 78,140 66,828 Miscellaneous 135,064 155.378 152,494 353.436 TotalOperating Revenue 8.150.445 15.621.785 9.035,829 16.285.410 NwiopetaftRevemme Transfers In - 97,066 - Insurance Recoveries 722,723 92.277 ToWRevenue $ 8,150,445 S 15,621,785 $ 9.855,618 $ M377,687 Q12023 Q22023 Q32023 Q42023 fxpendtures City Council 108,460 99.692 110.914 104.841 OlficeoltheMayor 101.971 93.558 95.377 93.006 Human Resources 230.737 224.554 239.553 308.680 Municipalcorrt 352.625 374.183 370,585 401.968 Administrative Services 774,413 552.880 609.193 626.760 CityAttomey 186,270 241.560 276.653 349.876 Non -Departmental 4.986,307 3.419.284 4.335.640 2.777.969 Intergovernmental- CHIP Grant 1,361,011 Police Department 3.173,554 3.467.960 3,897.118 4,482,268 Community Services I Econ. Develop. 289,600 396.664 402,218 379.955 Planning&Development 913.919 1.020.392 978.930 1,133,9M Parks, Recreation, Human Services 1.443,058 1,304.751 1,79D,785 1,693,350 Public Works -Administration 160,542 155.827 171.625 198.950 Facilities Maintenance 1.264,752 737.662 640.493 1,360,629 Engineering 807.168 845.455 827,191 838.180 Total Expenditures 14,793,076 12.924.422 14.746,275 16.111.365 Transfers Out 986.522 115,0D0 Total Revenues, Less Expenditures, Less Transfers Out $ (6,642,631) S 1.710.841 $ (4,89D.657) $ 151.322 • Interest income is improving; in 2023 we saw our highest amount of interest income ever. $2,000,000 $1,500,000 $1,000,000 $500,000 Annual Interest Income 2018 2019 2020 2021 • General Fund Departmental Budget Comparison o Budget amendments increased the adopted budget by 15% ■ Need to take care in future years to avoid this ■ Every department, with exception of City Attorney and PD, increased their budget, primarily due to salary increases that were approved after the first of the year Edmonds City Council Draft Minutes March 5, 2024 Page 13 Packet Pg. 111 8.2.a 2023 Final 2023 Adopted 2023 Budgetas Budget Amendments Amended Difference City Council $ 480,256 $ 6,463 $ 486,719 $ 6,463 1% Mayor 495,273 9,966 505,239 9,966 2% Human Resources 1,254,947 42,799 1,297,746 42,799 3% MunicipalCourt 1,451,763 375,946 1,827,709 375,946 26% Administrative Services 2,203,636 299,034 2,502,670 299,034 14% City Attorney 1,161,780 - 1,161,780 - 0% Non -Departmental 5,108,911 90,389 5,199,300 90,389 2% Fire Contract 10,071,514 1,500,000 11,571,514 1,500,000 15% CHIPGrant - 1,361,011 1,361,011 1,361,011 0% Xfer to Contingency Fund - 447,522 447,522 447,522 0% Police Department 14,981,027 (141,514) 14,839,513 (141,514) -1% Satellite Office 145,681 85,000 230,681 85,000 58% Community Services /EconDev. 1,105,451 207,104 1,312,555 207,104 19% Planning&Development 4,594,594 651,923 5,246,507 651,923 14% Human Services 324,650 23,332 347,982 23,332 7% Parks & Recreation 6,022,817 462,087 6,484,904 462,087 8% Public Works Admin 617,614 49,967 667,581 49,967 8% Facilities Maintenance 2,472,445 2,405,007 4,877,452 2,405,007 97% Engineering 3,224,439 391,070 3,615,509 391,070 12% $ 55,716,788 $ 8,267,106 $ 63,983,894 $ 8,267,106 15% • General Fund Budget Amendments Salaries & Benefits $ 1,928,000 ProjectCarryforwards- BuildingMaint 1,540,565 Project Ca rryforwa rds - Planning & Dev. 382,304 Fire Contract 1,500,000 CHIP Grant (fully reimbursed) 1,361,011 Repairs to Library (fully reimbursed) 500,000 Xfer to Contingency Fund (per policy) 447,522 Other 607,704 Total $ 8,267,106 • General Fund Budget Comparison o The following slide was included because it is important to understand the relative size of departments, when looking for places to make "budget cuts" ■ Many positions in the Parks Department and Planning Department generate revenue that support their costs ■ Most of Engineering bills to non- General Fund Funds ■ Most of the remaining Departments are already staffed at their most basic levels ■ Non -Departmental and City Attorney have no employees and most of the costs are under contract Percentage Adopted Percentage Department Adopted Budgets ofSubTotal FTEs ofSubTotal Police Department $ 17,478,540 40% 83.8 39% Parks, Rec, Human Services 6,841,537 16% 33.8 16% Planning & Development 4,251,605 10% 20.0 9.16 Engineering 3,777,853 9% 18.5 9% Public Works Admin/Facilities 3,360,605 8% 17.0 8% Administrative Services, City Clerk 2,825,453 6% 16.0 8% Municipal Court 1,811,176 4% 9.0 49% Comm Services/ Econ Development 1,334,150 3% 5.8 3% Human Resources 1,222,438 3% 5.6 39% Mayor's Office 490,875 1% 2.0 1% City Council 479,286 1% 1.0 0% Subtotal 43,873,518 100% 212.5 100% Non -Departmental 6,857,495 - CityAttorney 1,161,780 Total $ 51,692,793 212.5 Edmonds City Council Draft Minutes March 5, 2024 Page 14 Packet Pg. 112 8.2.a Councilmember Paine commented the detail gives a better picture about last year and how decision made regarding salary increases affected the budget. She also found it interesting to see which departments have a revenue component. There will be a lot of upcoming discussions and this is a decent place to start the year. She was also glad to have grants and reimbursables identified which are a pass -through Councilmember Nand referred to packet page 343, the list of mid -year budget amendments that helped spend the City into the hole. She recalled the press referring to the council last year as the tax and spend council; it is the council's responsibility to say yes or no to budget amendments and the council must adopt fiscal discipline to ensure there is a balance budget and not rely on high projected revenues because as Mr. Turley pointed out, General Fund revenues from property taxes are quite erratic. There has been a lot of controversy and criticism regarding the 2023 budget, but the decision -making power lies with the council, the council needs to enact fiscal discipline and transparency as well as fully educating themselves on how much money is coming in, where it's going and where vital services are. She thanked Mr. Turley and his department for their hard work putting together this information. Councilmember Chen praised Mr. Turley for presenting the quarterly report in this way rather than just repeating the monthly report like has been done in the past, a great improvement in his opinion. Additionally, the report highlights information illustrating the reason for the differences such as the $8 million in amendments. Like Councilmember Nand said, there is opportunity to get the budget closer to reality instead of adding $8-10 million in amendments that throw off the budget. Councilmember Chen pointed out opportunities that should be focused on, first, the investment portfolio is making more interest income than in prior years because market interest rates are higher. The foregone opportunity was not moving the investment portfolio from the lower return to the higher return until the latter half of the year. The General Fund is still using reserves including ARPA funds to fund general operations. It may be too early, but the council and administration need to work on a plan for replenishing reserves in the near future. Councilmember Dotsch referred to the statement at the beginning of the report that unemployment and inflation are relatively low. However, from what she is reading, inflation is still quite high and there could be challenges this year related to bids for transportation projects coming in much higher. For example, the state is seeing bids for some projects 100% higher than what they were expecting. She understood the companies that do the work are heavily employed by the state so smaller cities do not have much to choose from so they can bid quite high. She suggested keeping that in mind as far as expectations this year and she did not foresee the City getting lower bids this year. She was curious whether Mr. Turley had had any input on that or done any research. Mr. Turley said a google search of the current inflation rate is 4.4%. A couple years ago the inflation rate was 9-10%, the highest rate since the 1980s. At one point inflation was down to 3.5%; compared to the past couple years, the rate is amazing low. His presentation was intended to provide a high level, big picture on the economy which is difficult to do in a short presentation. Councilmember Dotsch commented as everyone knows going to the grocery store, everything costs more although food and gas are not included in the inflation rate calculation. From what she is seeing in other cities and the state, she recommended being extra careful and not expecting things to decrease this year. She expressed appreciation for the information Mr. Turley provided especially by department. Council President Olson referred to Mr. Turley's comment that the administration will be focusing on contract negotiation timing. To the degree that is not successful, she suggested anticipating those extra expenditures in the budget. She agreed the council approved those budget amendments, but they were the result of a bargaining agreement and the council was in tough spot and couldn't say no. Mr. Turley said the benefit of getting contracts signed early and included in the adopted budget versus amending the budget several months later is it also helps the council make decisions about other things that are in the adopted Edmonds City Council Draft Minutes March 5, 2024 Page 15 Packet Pg. 113 8.2.a budget. For example, there may have been things approved in the adopted budget that may have not been proposed or council may not have approved them if they knew how big the salary increases would be. Staff is also working on developing better and more robust financial policies. For example, there is no policy regarding how to handle a expense that is coming, but not much is known about it such as a labor contract. Mr. Turley continued, finance directors, mayors, and HR directors have had different opinions in the past; some do not want to add anything to the budget, believing that might affect labor negotiations and they want it to be more visible when it is added as an amendment. Others want to add everything that may be included in the labor contract plus more to avoid surprises and ending up in this situation. There needs to be a policy so future administrations and councils have better guideposts regarding what to do in that situation and ensure there is enough in the budget to account for labor contracts not have not been signed yet. Council President Olson suggested not naming the expenditure or having it under a specific department, but a buffer for the anticipated expenses. Council President Olson asked if the unusual investment interest was based on the unspent ARPA funds that are waiting to be spent. Mr. Turley said the total cash and investments is pretty level with prior years; overall the total cash investments is not that much different. Council President Olson agreed the information presented was very well laid out and she found the presentation very useful. Councilmember Eck agreed the information was very helpful. She thanked Mr. Turley for holding the council's hands and explain everything very well. Now that the council has this data, she is encouraged that everyone can work together to see this as our problem together, not finance, not the departments, but council and administration all together. She agreed with Councilmember Nand, the council needs to take a hard look at how decisions are made moving forward. She acknowledged things have gotten intense in the last few months and she hoped the council and administration could move beyond that together to look more creatively at problem solving instead of pointing fingers. This is a good opportunity for a fresh start for everyone to be in this together. 2. CONTINUATION OF ACCESSORY DWELLING UNIT CODE UPDATE (AMD2023-0008) ACCESSORY DWELLING UNIT CODE AMENDMENT TO ALLOW FOR DETACHED ACCESSORY DWELLING UNITS — "EXPANDING HOUSING OPTIONS BY EASING BARRIERS TO THE CONSTRUCTION AND USE OF ACCESSORY DWELLING UNITS IN ACCORDANCE WITH HB 1337." Councilmember Dotsch recognized she keeps belaboring this point, but she is trying to understand the idea of HB 1337 and HB 1110. She understands the differences but wanted to understand whether ADUs could be merged into HB 1110. She suggested looking at population growth areas, infrastructure, capital projects, etc. in totality before doing the code update so there is an opportunity to see the differences between the options. If ADUs are added into HB 1110, that allows 2 per lot which could be a duplex, a house and an ADU, or a house and a DADU. But if only HB 1337 is used, every house and every duplex can have 2 ADUs which would spread density in neighborhood where there is currently one house on a lot and it would compound quickly. She understood wanting to preserve lot coverage, but there are lots ripe for purchase, demolishing the existing house and constructing as many units as possible. She asked about the impacts of incorporating ADUs into HB 1110 versus not and how that would impact single family neighborhoods. She asked if that information could be provided before making a determination on a HB 1337 code alone. Planning & Development Director Susan McLaughlin asked if Councilmember Dotsch could clarify the question. Councilmember Dotsch commented the HB 1337 requirements of 2 per lot is moving forward and the City has the option of not using that if the ADU under HB 1110 is the second unit, so just 2 units per lot instead of 3; one is a triplex bill and one is a duplex bill. Her understanding is that under HB 1337 standalone, any unit can have 2 ADUs. She feared things mushroomed if ADUs were not used under HB 1110. There may be pros and cons and it would be helpful to understand those along with strategies for Edmonds City Council Draft Minutes March 5, 2024 Page 16 Packet Pg. 114 8.2.a accommodating population growth and not destroy what makes Edmonds what it is. Ms. McLaughlin clarified Councilmember Dotsch was asking for a pros and cons list for 1 versus 2 ADUs on a lot as it relates to the comprehensive plan growth alternatives. Councilmember Dotsch answered yes. Ms. McLaughlin referred to the study session earlier today where staff s recommendation and what has been included in the methodology, two ADUs per lot to moderate density in neighborhood centers and hubs. Staff would be happy to articulate that in a pros and cons list. She pointed out the environmental analysis is not done so the pros and cons would be purely from a land use policy perspective. There is flexibility in the schedule for passing ADU legislation. It is up to council, along with the planning board's recommendation, whether to allow one or two ADUs per lot. The benefit of deciding that earlier is accounting for that in the comprehensive plan growth alternatives in an intentional way versus later in a more reactive way. Councilmember Paine said she will ask questions that were answered in the study session because this is a regular council meeting. She asked how many ADUs could be expected based on historical trends and the target. Council President Olson raised a point of order, advising this was a continuation of the study session. Mayor Rosen allowed Councilmember Paine to continue. Councilmember Paine asked how many ADU applications were expected based on historical trends and how many were anticipated to be accomplished via the GMA legislation. Ms. McLaughlin answered just because ADUs are allowed, not every parcel in Edmonds will build an ADU and certainly not within a 20 year period. Department of Commerce also will not allow accounting for more than 10% of growth target assumptions in the ADU category. Ten percent equates to approximately 80 ADU per year; she could not imagine getting close to that number based on current applications for ADUs. Councilmember Chen commented even if the City decided to allow two ADUs per lot, it is not mandatory; people can choose to build only one. Ms. McLaughlin answered yes, pointing out it will be dictated to a large degree by site constraints; two would be a stretch for the majority of lots in the City. Councilmember Dotsch referred to condominiumization of ADUs and DADUs and what that would entail such as a separate mailbox, separate address, separate property taxes, etc. Ms. Haas answered the City does not regulate condos, that is done at the county level. Councilmember Dotsch asked how condominiumization works. Ms. Haas answered that would be a question for Snohomish County. Ms. McLaughlin said some basic assumptions would be it would require an address, taxes assessed by the county, utilities, etc. which is accounted for at the county level. Councilmember Dotsch commented that has never been allowed in Edmonds before. Ms. McLaughlin responded there are condos in Edmonds; it is a county regulatory function. City Attorney Jeff Taraday explained whether a multifamily building is condominiumized or not is a real property function. The owner records a declaration of condominium with the county which sets forth the common areas, etc. Whether a multifamily building is condominiumized or not is not something the City regulates. Councilmember Nand thanked staff for the excellent presentation during the study session. She was particularly excited by Senior Planner Jeff Levy's suggestion to consider prefab plans that can be offered to community members. There is a lot of enthusiasm in the community about pursuing ADU/DADUs for additional family members or possibly an income opportunity. She will send her questions to staff via email regarding opportunities for prefab plans and regarding impact fees. Councilmember Dotsch commented if ADUs are done under HB 1110, it has an alternative density where 25% of the land is set aside to not meet the density requirement and only look at 75% for the density in HB Edmonds City Council Draft Minutes March 5, 2024 Page 17 Packet Pg. 115 8.2.a I 110. She asked if that had been considered. Ms. McLaughlin answered she was not sure, that was not a methodology considered as part of the comprehensive plan growth targets, but it could be researched as it relates to ADUs. Councilmember Dotsch recalled it was related to critical areas and a way to have a less impactful option. Ms. McLaughlin answered critical area are addressed via the City's rigid critical area ordinance. She will have to research the reference to 75%/25%. Councilmember Dotsch referred to displacement, relaying what has happened in other cities as more affordable housing are targeted for purchase by investment groups. She recalled displacement was required to be considered in HB 1220 and other bills. Ms. McLaughlin answered displacement is absolutely a factor in the comprehensive plan analysis and will be part of the Environmental Impact Statement (EIS). Generally, Edmonds has a low displacement risk relative to regional partners. Ms. Haas responded, with regard to critical areas and ESHB 2321 which is currently on the governor's desk be signed, it includes some clarifying language. She repeated information she provided at the study session that any city subject to the requirements of this section shall apply to middle housing the same development permit and environmental review processes that apply to detached single family residences unless otherwise required by state law which would include shoreline regulations, energy codes and electrical codes. The regulations applied to single family will apply to any other development on the lots; there isn't an exception or easing of restrictions for ADUs or middle housing in critical areas. Councilmember Dotsch said sadly that bill passed which eliminated CARA protections. The 75/25 would allow the City to include protection of the clean drinking water CARAs which could be something to explore. Ms. McLaughlin answered CARAs are still critical areas per the code. Councilmember Dotsch answered they originally had better protections and now if there is a single family house, it can be densified where before the density did not have to be included in those areas. Mr. Levy said he was not sure if this was the 75/25 that Councilmember Dotsch was referring to, but per HB 1110 if areas are shown through the EIS process of being incapable of taking additional capacity, those areas cannot be forced to allow either HB 1110 or HB 1337 units because as with any building, there is a process to ensure the pipes are sized correctly. None of these are loopholes to allow construction in a way that the city infrastructure cannot handle. Councilmember Nand referred to the 75/25, recalling when Representative Jessica Bateman, the original drafter of the bill, put forward the regulations, there was significant pushback from cities, specifically cities on islands, cities with historically diverse neighborhoods that were at danger of displacement. The 75/25 was meant to protect neighborhoods with special circumstances that were vulnerable to displacement due to lower property values, critical areas and shoreline. The 75/25 was drafted in such a way that it cannot be used to protect areas that were ever racially exclusive due to redlining. She recalled several members of the council, primarily Councilmember Tibbott, advocated very strongly in regard to that. She was interested to see how that panned out in the comprehensive plan update. 3. CONSIDERATION OF CHANGE OF COUNCIL MEETING MINUTES STYLE Council President Olson explained information regarding a change in the council minutes style was initially made available via Request for Filing as well as in this week's agenda packet. The intent is related to money and to finally succumb to pressure from parliamentarian Ann McFarland who has encouraged the City as a best practice to make this change. Council President Olson acknowledged she was one of the hold outs in previous discussion, wanting to keep detailed minutes. She personally liked the detailed minutes in the past, but this is an opportunity to cut back. If this is just a preference and not a need, the council should definitely consider it. Edmonds City Council Draft Minutes March 5, 2024 Page 18 Packet Pg. 116 8.2.a Council President Olson continued, there has been a lot of input on this subject from the public; she thanked everyone who had taken the time to weigh in. The City is in a tough spot financially and every dollar is precious. Some have argued the savings from this are not significant enough at $7,000, but by way of comparison, it takes about three households in Edmonds to contribute that amount to the City from their property taxes in a year. That may be surprising to some people because when looking at their total property tax bill of $14,000, of that amount, only $2,000 or approximately 14% goes to the City. Council President Olson continued, in vetting this idea, she found all the south county cities the City partners with, Mountlake Terrace, Lynnwood, Mukilteo and Mill Creek, use summary notes as does Shoreline. Kirkland does summary notes and has a system that allows them to embed video clips under the agenda topics. She found their minutes to be very user friendly; however, that is not a short term cost savings as they use the Granicus system that the City does not currently have and does not have the money to purchase. Therefore, she was not recommending that system, even though she really liked their minutes. Bellevue utilizes detailed minutes and it was her understanding Bellevue recovered from a difficult financial situation a few years ago without changing their note style which illustrates it is not absolutely necessary to rectify the City's financial situation. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER ECK, TO INITIATE THE CHANGE TO SUMMARY MINUTES ON JANUARY 1, 2025. Council President Olson explained this date would be after all the hearings and additional hard work related to the comprehensive plan. In conversations about whether this was a good or bad idea, she was most moved by a councilmember who told her it would take them longer to do their job if they had to listen to the videos rather than accessing the written detailed notes. While she was inclined to think that was a short term issue, until the City has access to other technologies, such as the transcript gathered by Zoom or other Al options for preparing transcripts, there isn't a lot of extras time to figure out those steps while getting through this year's immense workload. Therefore, she was proposing the January 1, 2025 date which is after the hearings and the huge extra workload that the comprehensive plan puts on councilmembers and everyone else. Councilmember Paine expressed support for moving from detailed minutes to action oriented minutes. In listening to the public comment as well as her personal space and the way she does her work, action oriented minutes would be more effective. She appreciated the proposal to delay the start until after the comprehensive plan is completed. Councilmember Nand expressed appreciation for Council President Olson's work in bringing this forward, and to City Clerk Scott Passey and notetaker Jeannie Dines. As a dissenting voice, she pointed out multiple community members have said without summary style minutes, it would make transparency in the council's work more difficult. Personally, whenever she needs to look at historic actions of the council, including her own historic actions, she finds it extremely helpful to be able to view a summary of the thoughts of councilmember and audience comments especially dissenting voices if someone had an policy objection to an action the council took and explaining why that person was dissenting. Councilmember Nand referred to Council President Olson's point about the possibility of Al or Zoom, commenting she did not know if Zoom will exist in 100 years or what will happen to all the videos or how accessible they will be. Very likely as historical documents, the minutes will survive and may be the only standing record of the work the council did informing ordinances and other legal actions that were taken. When trying to explain to explain to present and to future constituents why the council did what they did, she was in favor of retaining the detailed style of minutes. She did not think saving $7,000/year would justify what would be lost in terms of the richness in transparency to the community. In addition, since Zoom videos are not close caption enabled, they are not necessarily accessible to everyone to use adaptive technology to read the minutes. Edmonds City Council Draft Minutes March 5, 2024 Page 19 Packet Pg. 117 8.2.a Councilmember Eck commented change is hard; it is smart to look at efficiencies. It is unfortunate that staff spends the better part of a couple days to prepare detailed notes when there is Zoom. If the motion, which she supports, is approved, the council has time to think about adaptive technology and other ways to ensure the public gets the information they are looking for. The financial savings as well as time savings are considerations. With all hands on deck and looking at every single role within the City, it is important to set everyone up for success to maximize the work they are doing. Councilmember Dotsch spoke against changing the format. She has used the full council minutes to get more clarity about situations in the past so she could provide informed public comments or bring information forward. The option to read the notes versus watch a 3-4 hour meeting, the notes are very accessible and easy to review and saving an inordinate amount of time. If she misses a meeting or wants to get a reap of a topic, the minutes are the quickest way versus watching a meeting. Some people can't watch a two-hour video, maybe they work and don't have not a lot of time; the notes are a way they can participate more quickly. One style is auditory and the other is not and access is not available if the minutes are a summary. A lot can be lost in a summary; she understood it is quicker for the council or a board to read, nonprofits are different than government. Edmonds has a rich history of government involvement and full minutes allow the public to be as fully informed as possible. For $7,000, there are lot of other things the council can consider instead. Almost every email and feedback she has received, other than the one public comment today, have been in support of retaining the detailed notes. Councilmember Chen said the idea of saving money is good, but at this point, for a proposal a year ahead, right now the council's energy should be focused on things with bigger impact than a cost savings of $7,000 that sacrifices transparency. The change to eliminate detailed minutes was too much sacrifice for little savings. The council's energy should be focused on the current financial situation, strengthening financial policies, revenue opportunities and other things that have a bigger impact. The council can revisit this idea in January 2025, but for the reasons stated by other councilmembers, now is not the time to make this change. Council President Olson commented whatever time is dedicated to this has already been dedicated so that is not a reason to make or not make this change. She agreed with the comment that change is hard. She envisioned 2025 will be the hardest year financially that the City has experienced. With a starting point of January 2025 and the $7,000 savings, at the end of that year, the council will know whether or not it worked. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER ECK, TO AMEND TO EVALUATE IN JANUARY 2026 WHETHER OR NOT TO CONTINUE WHICH WOULD BE COMMITTING TO A ONE YEAR TRIAL AND A REEVALUATION. UPON ROLL CALL, AMENDMENT FAILED (2-4), COUNCILMEMBER ECK AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS CHEN, DOTSCH, PAINE AND NAND VOTING NO. MAIN MOTION FAILED (3-3), COUNCILMEMBERS ECK AND PAINE AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS CHEN, DOTSCH AND NAND VOTING NO. City Attorney Jeff Taraday explained in the last vote, the tie can be broken by the mayor. The mayor is not obligated to break the tie, but has that option. Mayor Rosen said he would not exercise the option to break the tie. 10. MAYOR'S COMMENTS Mayor Rosen referred to the discussion at the study session prior to this meeting and continued during this meeting regarding housing. In his observation if he asked a resident what the prefect size for Edmonds was, they would probably say the day after they moved in. Change is coming and it cannot be stopped and there Edmonds City Council Draft Minutes March 5, 2024 Page 20 Packet Pg. 118 8.2.a are laws the City must comply with. The choice is what to do within the options available and impacts based on those decisions that will carry into the future. He appreciated the tone of the conversation and the concern for the environment, residents, and quality of life. 11. COUNCIL COMMENTS Councilmember Eck said she has been thinking a lot about this and has had several community members encourage her to speak about disturbing world events. In trying to be thoughtful, she has her thoughts and feelings about what goes on in the world stage. Lately the requests have been to condemn hate speech and threats of violence and targeting of anyone who is marginalized, whether they are LGBTQIA, different color, different religion, etc. She was happy to say she strongly condemns and will always condemn those threats to anyone in the community. She unequivocally appreciated community members who encouraged her to share that. Councilmember Chen commented he found the discussion regarding ADU/DADU very helpful. Not only is it the law for the City to comply, but it also presents opportunities for seniors on fixed income who want to age in place as well as ease housing pressures in the community. He looked forward to more discussion in the future and was feeling good about the discussion and the information presented tonight. Council President Olson announced a new volunteer program in Edmonds, the Property Tax Exemption Program for Seniors and Persons with Disabilities. She explained many homeowners were expecting a bigger property tax bill, but that didn't happen for many. It is an issue for many people and may be a bigger issue in the future. The program's goal is to have everyone qualified receive the reduction in their property taxes that is available to them. There will be four volunteers assisting seniors and disabled persons with the property tax exemption. The tax reduction has been in effect for many years but the maximum income to qualify has been increased by almost $20,000 which means many more people will now qualify. The documentation the program requires can be overwhelming to some qualified persons so they don't apply. The volunteers will manage the application process and answer questions. Further information is available in the Edmonds Waterfront Center newsletter or by calling their registration desk to attend an informational session or schedule an appointment with one of the volunteers. The first informational session is March 11 at the Edmonds Waterfront Center. Higher taxes are a fact of life, but this program will help qualified persons receive a significant cut in their tax bill. There are ten appointments available in March. She thanked all who are involved in the program; she knew only Theresa Hollis by name, but there are at least three others. Councilmember Paine commented the study session was very successful and a lot of good information was shared. She suggested formalizing the process so the study session can be extended to accommodate more dialogue and so the study session was not constrained by special meeting rules. She found study sessions very useful when she was on the school board and they can be useful for the council to have informal discussions and information sharing. Councilmember Paine reported she went to the Washington Kids in Transition Gala fundraising event. They have done a remarkable job this year with fundraising to benefit students and families experiencing housing instability who are impacted by today's economics. They provide housing, clothing, food, and resources for students. Not all families survived the 2008/2009 recession which was very traumatic for many families and many families have not recovered from the pandemic years. Food and housing insecurity are first and foremost; inflation is hitting those families the hardest. She was pleased that Washington Kids in Transition's fundraising did so well. Human services are important to the community because those are the groups that need support. Councilmember Nand reported on Thursday evening, in her personal capacity, she had the incredible honor of joining the Shariif family, including Abdikadir's mother and father along with Ahmed Mumin, executive Edmonds City Council Draft Minutes March 5, 2024 Page 21 Packet Pg. 119 8.2.a director of the Seattle Ride Share Drivers Association, SeaTac Mayor Mohammed Egal, Federal Way Councilmember Lydia Assefa-Dawson, and many others to celebrate Abdikadir's life and discuss the need for safety reforms for rideshare, taxi and delivery drivers in the state. The most impactful moment for her was when Mr. Shariif, Abdikadir's father, spoke about their family history and his son's life. With Ahmed Mumin translating, Mr. Shariif told the gathering that Abdikadir was born the night he and his wife were fleeing Samalia where civil war had broken out. In the refugee camp in Kenya where Abdikadir grew up, his son was known for sharing everything he had, even his last bottle of water. After they immigrated to the United States and Abdikadir started working as a rideshare driver, his son would take extra food from home to share with homeless people he encountered on his rides as well as seed for the birds. Mr. Shariif made a powerful point which was shared by other people, they fled Samalia because of guns; they came to the United States to be safe from gun violence only to lose their son's life to gun violence in the United States, in Edmonds. Mr. Shariif said even the birds are crying now that his son is gone. A lot of people cried on Thursday night because there was much trauma in the room, not just because of Abdikadir's painful loss, but because other rideshare drivers have lost their lives to gun violence in Washington State. The local rideshare community has lost five drivers in the last five years due to violence on the job; now they are pledging to turn their tears into action. ADJOURNMENT With no further business, the council meeting was adjourned at 9:11 pm. Edmonds City Council Draft Minutes March 5, 2024 Page 22 Packet Pg. 120 8.3 City Council Agenda Item Meeting Date: 03/19/2024 Council Rules of Procedure Sections 3 Staff Lead: City Clerk Department: City Clerk's Office Preparer: Nicholas Falk Background/History In 2013, the City Council passed Resolution No. 1295, which adopted Robert's Rules of Order as its parliamentary authority for the conduct of City Council meetings. In December 2013, the Council passed Resolution No. 1306 adopting a Code of Conduct and in June 2015, the Council approved a Code of Ethics by motion. On January 25, 2021, the Council adopted a new Code of Conduct by motion. Because Resolution No. 1295 is limited to parliamentary procedure in the context of Council meetings, such rules do not address many other processes and procedures in the conduct of City business. It is thought that a more comprehensive set of rules would provide greater understanding and transparency about the roles, rights, and responsibilities of councilmembers and facilitate the orderly conduct of business within the context of council meetings. The draft rules of procedure address Council organization, duties of officers, agenda preparation, meeting management, consent agenda, public testimony, decorum, motions, and other important areas. The draft also includes Council's recent adoption of a Code of Conduct as Section 6; this was done to consolidate all applicable rules into one document. It is important to note that many provisions of these rules of procedure are already governed by other codes, statutes, and rulings. Any provision that is footnoted with a citation to the Revised Code of Washington (RCW), the Edmonds City Code (ECC), or other statute or ruling is included for ease of reference only and is not intended to be adopted as a rule because it already constitutes governing law. Provisions that are not footnoted with a citation to the RCW or ECC are adopted by City Council resolution as the Council's procedural rules and may be amended at any time by subsequent resolution. On April 6, 2021, the Council passed Resolution 1470, which established that the Council adopted its own Code of Conduct separate from that which applies to the Mayor and members of City boards, commissions, committees, and work groups. The proposed Rules of Procedure and the Code of Conduct were presented and discussed on February 4, 2020, January 26, 2021, and April 6, 2021. For comparison purposes, prior drafts of the rules of procedure are included in the online Council meeting packets of February 4, 2020 and March 3, 2020. On April 6, 2021, a motion was passed to table consideration of the draft Rules of Procedure for a period of three weeks. The draft rules were scheduled on the June 1, 2021 council agenda, but consideration was postponed due to lack of time. On August 3, 2021, the Council considered the draft rules, made amendments, and instructed the city attorney to bring back additional language for potential amendments to various sections of the rules. A new Section 7 entitled "Code of Ethics" has been added to incorporate the Code of Ethics adopted by the City Council on June 2, 2015. On February 13, 2024, the PSPHSP Committee considered the proposed rules for Section 3 - Agenda Packet Pg. 121 8.3 Preparation and Section 8 - Public Testimony. There was consensus to approve both sections but to include an amendment to Section 8 - Public Testimony which would allow an attendee to speak either during audience comments or following the staff report on a specific agenda item. It is proposed that this change apply to in -person attendees and to use a modified sign -in sheet to enable the chair to facilitate public testimony during the meeting. On March 12, 2024, the PSPHSP Committee considered the proposed rules for Section 3 - Agenda Preparation and Section 8 - Public Testimony. There was consensus to place Section 3 on the March 19, 2024 consent agenda and to bring back Section 8 to the next PSPHSP Committee meeting for further deliberation and potential amendments. Recommendation Per the Public Safety Planning Human Services Personnel Committee section 3 is placed on consent for approval and section 8 will be brought back at the April Public Safety Planning Human Services Personnel Committee meeting. Narrative It is thought that approving the draft Rules of Procedure by Section, or in segments, would be the most practical approach to accomplishing this 2024 goal. The draft includes 14 sections, as follows: SECTION 1. AUTHORITY SECTION 2. COUNCIL ORGANIZATION SECTION 3. AGENDA PREPARATION SECTION 4. CONSENT AGENDA SECTION 5. COUNCIL MEETINGS SECTION 6. COUNCIL CONDUCT SECTION 7. CODE OF ETHICS SECTION 8. PUBLIC TESTIMONY SECTION 9. MOTIONS SECTION 10. ITEMS REQUIRING FOUR VOTES SECTION 11. ITEMS REQUIRING A UNANIMOUS VOTE SECTION 12. COUNCIL REPRESENTATION SECTION 13. REIMBURSEMENT OF EXPENSES SECTION 14. SUSPENSION AND AMENDMENT OF RULES Proposed Workplan for Adopting Council Rules of Procedure 1. Address the draft rules of procedure by section or segments, starting with the most timely/highest priority section(s). 2. Focus on one segment each month: a. City Clerk and Council staff review and indicate any recommended revisions. b. Council President review. C. Place on agenda for review of Council Committee d. If committee recommends segment for council approval on consent - place on a future consent agenda for approval and implement that segment as adopted policy. e. If committee recommends revisions or full council discussion - add to future council business when agenda time allows. Packet Pg. 122 8.3 Once all segments are approved, adopt a resolution with the comprehensive set of rules of procedures as an attachment. Attachments: ROP Sections 3 Packet Pg. 123 8.3.a Section 3. Agenda Preparation. 3.1 Under the direction of the Council President and Mayor, the City Clerk will prepare an agenda for each meeting of the full Council and Council committees, specifying the time and place of the meeting and setting forth a brief general description of each item to be considered by the Council. Agendas are subject to review and/or modification by the Council President. 3.2 An item for a Council meeting may be placed on the agenda by one of the following methods: A Majority vote or consensus of the Council. B. By the Council President or Council President Pro Tern when acting in the absence of the Council President. The Council President will make every effort to place an item Council approved by consensus or majority vote on an agenda. If time is not available for the requested date, it shall be placed on the next available agenda. 3.3 Agenda memos shall be in a standard format. The Mayor shall determine the format. 3.4 Agenda items will generally be prioritized in the following order of importance: 1) joint meetings or presentations involving outside agencies; 2) items scheduled for statutory compliance; 3) advertised public hearings; 4) continued items from a prior meeting; and 5) items scheduled for convenience, such as those involving outside consultants. 3.5 Except when the Council President has authorized an exception for items of an emergency or unexpected nature requiring immediate action, ordinances scheduled for Council action will receive a minimum of two readings. Action by the Council (by the consent agenda, or council motion and vote) will always be one of the readings. Other reading(s) will be in the number the topic warrants, and could include any or all of the following- 1 . publication on the extended agenda 2. presentation of the topic by staff 3. discussion at council committee and/or meetings of the full council 4. public hearings (sometimes mandated by law) Packet Pg. 124 8.4 City Council Agenda Item Meeting Date: 03/19/2024 Summer Market, Edmonds SpringFest, Edmonds Arts Festival, 4th of July and Taste Edmonds Special Event Agreements Staff Lead: Shannon Burley Department: Parks, Recreation & Human Services Preparer: Shannon Burley Background/History The City Council authorizes Event Agreements each year on behalf the City of Edmonds. All contracts were approved in 2023 and each of these special events took place on their typical dates. The Special Event Contracts under discussion are for large events that include street/right of way closures, expect to increase tourism and have significant positive economic impacts to the City. There are two additional events that meet this criteria including the Classic Car Show and Oktoberfest. Those event agreements are scheduled for review and approval by Council later this year. On March 12, 2024 the Parks and Public Works Committee reviewed these agreements and recommended they be placed on the March 19, 2024 Consent Agenda. Staff Recommendation Staff recommends City Council approve the attached Event Agreements authorizing the Mayor to execute the agreements. The contracts include formal agreements between the City of Edmonds and the Edmonds -South Snohomish County Historical Society for the Summer Market; the Urban Craft Uprising for Edmonds SpringFest; the Arts Festival Association for the Edmonds Arts Festival and the Edmonds Chamber of Commerce for the 4th of July and Taste Edmonds. Narrative Each Event Agreement is quite similar to previous years with the exception of Taste Edmonds returning to the Civic Center Playfield after temporarily relocating to the Frances Anderson Center while Civic was under renovation. All event producers are required to follow festival guidelines set forth by the State of Washington and the Snohomish County Health Department at the time of the event. The contracts have been reviewed and approved by our internal team (Police, Fire, Public Works, Parks, Recreation & Human Services, Risk Management (HR), Development Services, and Economic Development Departments) and approved as to form by the City Attorney. Summer Market Event Agreement (attached): Packet Pg. 125 8.4 The Summer Market takes place every Saturday from May 4 - October 19, 2024 (excluding August 10, 2024 which is Taste Edmonds weekend) and is run by the Edmonds -South Snohomish County Historical Society. In 2024 the Market will expand to include additional booths on 5th Ave just north of Bell Street as outlined in the map. In addition, the city will have one 10 x 10 booth space on the first Saturday of each month to promote City business such as the Comprehensive Plan update and/or additional public outreach efforts. These events are free and open to the public and an alcohol permit is not required. SpringFest Event Agreement (attached): This event is produced by Urban Craft Uprising and is held on the Saturday before Mother's Day (May 11, 2024) at the Frances Anderson Center on the Field. The event will feature numerous craft booths. Eighth Avenue will be limited to local access only between Main Street and Dayton Street to allow for food trucks to park on the west side of the street and provide food service. This event is free and open to the public and an Alcohol Permit is not required. Edmonds Arts Festival Event Agreement (attached): The 2024 Edmonds Arts Festival, hosted by the Arts Festival Foundation, will take place on Father's Day weekend (June 14, 15, 16) as is tradition. This event has grown from a small community art fair to one of the most prestigious in the Pacific Northwest, attracting artists from across the nation and Canada. This event is free and open to the public. The festival does have a small wine/beer garden and alcohol permits are required. The festival utilizes 8th avenue between Dayton and Main Streets, the Frances Anderson Center building, playfield and bandshell as well as the Plaza west of the building and Plaza Room above the library. Special arrangements have been made with the Engineering Department to ensure the Main Street overlay project will be demobilized throughout the duration of this event; further arrangements are made with the library to ensure the Plaza and Plaza Room are available for this event. July 4th Parade and 5/11K Event Agreement (attached): The Edmonds Chamber of Commerce has produced the 4th of July Main St. Parade since it's founding in 1907. This event is truly a reflection of the most positive aspects of "An Edmonds Kind of Day" bringing together thousands of people of all ages and walks of life. The Beat the Brackett races are a collaboration between the City of Edmonds and the Town of Woodway and typically attracts 400+ runners and walkers. The 4th of July agreement outlines details for the use of City Streets, sidewalks, parking and City Park to support the planned Beat the Brackett Race (both a 5K and 1K) and the Parade on the 4th of July. Special arrangements have been made with the Engineering Department to ensure the Main Street overlay project will not obstruct visitors from visiting the downtown areas for these events. There are fees to participate in the race and/or the parade but no fee for spectators to attend and enjoy watching the parade. Taste Edmonds Event Agreement (attached): Taste Edmonds will take place Friday, August 9 - Sunday, August 11. Taste Edmonds is the Chamber of Commerce's largest fundraising event each year with revenues supporting multiple free events such as Halloween, the Holiday Tree Lighting, and the 4th of July Parade. The mix of live music, beer garden and food has a long standing history in Edmonds. In 2024 the event will return to the Civic Center Playfield after temporarily relocating to the Frances Anderson Center while Civic Center was under construction. The event will utilize nearly the entire park as outlined on the event map in the attached contract. There is a fee to attend this event and alcohol permits are required. The event will be an all ages event with a 21+ fenced section. The current plan is Packet Pg. 126 8.4 to have a makers market that will remain free and available to the public. Attachments: 2024 Summer Market Event Agreement 2024 SpringFest Event Agreement 2024 Edmonds Arts Festival Event Agreement 2024 July 4 Event Agreement 2024 Taste Edmonds Event Agreement Packet Pg. 127 8.4.a EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY Event Dates — May 4-October 12, 2024 THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY (hereinafter referred to as the "Historical Society") (collectively, the "Parties"). WHEREAS, the Edmonds -South Snohomish County Historical Society has operated in the past a summer market ("Summer Market") to provide a marketplace for Edmonds residents to display their wares, which uniquely promotes artists and other small businesspersons and their products; and WHEREAS, the Parties, vendors, patrons and businesses located along 5th Avenue between Main and Bell Streets are supportive of continuing the Summer Market to commence the first Saturday in May and conclude the second Saturday in October; and WHEREAS, the City Council finds that in addition to providing an opportunity for economic development and a recreational resource to the citizens of Edmonds, the Summer Market promotes tourism to the community and could provide an initial springboard for the development of a small business; and WHEREAS, the City Council finds that the Summer Market provides an important opportunity for local farmers to provide fresh food to the community; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Historical Society and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: Responsibilities of the City (some Historical Society responsibilities included). 1.1 Summer Market (May 4 through October 12): The City will provide use of the right of way on Bell Street between 5th and 6th Avenues and on 5th Avenue between Main Street and the Southern edge of the South parking lot entrance to the Public Safety parking lot as outlined in Attachment A for farmer/producer-based vendors each Saturday. 1.2 The City will allow vendor parking on the south, east and west sides of the police parking lot each Saturday for the Summer Market, as well as in the parking area under the City Hall building. Packet Pg. 128 8.4.a 1.3 All use and configuration of tents and other temporary facilities used in the Summer Market will be inspected and reviewed prior to the event by the Edmonds Fire Marshal or designated representative, in accordance with the provisions of the Open -Air Market Ordinance and the "Outdoor Assembly Events" and "Regional Fire Marshals Food Truck Inspection Checklist" set forth in Attachment B, attached hereto and incorporated herein by this reference. Tarps, tents, canopies and covers will be tested and labeled for fire resistance. The Historical Society will ensure that all participants adhere to all provisions of State and local law to ensure that no lasting or permanent damage is done to any public facility or property. The Fire Marshal or the City, in accordance with its lawful authority under statute and ordinance, may use their discretion to cancel this event or to prohibit the attendance of the general public in certain areas when doing so would be a violation of state law or local ordinance. 1.4 The City will install Summer Market banners as provided by the Historical Society at approved sites. The Historical Society will obtain a Street Banner Permit from the Public Works Department and pay the required fee. 1.5 The City will place ten (10) barricades and one (1) local access only sign behind the Museum prior to May 1 for the duration of the Summer Market. 1.6 The City will place rope and signage around the Holiday Tree requesting people not to enter the landscaped area. 1.7 The City will install appropriate "No Parking Saturdays" signage on 51h Avenue North between Main and Bell Streets and on Bell Street between 5th Avenue North and 6th Avenue by April 24, 2024. Signage will include four (4) portable A frame "no parking on Saturdays" signs to be placed on the north and south sides of Bell Street and the east and west sides of 51h avenue between Bell and the Public Safety parking lot for the duration of the Summer Market. 1.8 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items to strongly encourage their use. The City will provide signage for the on -site collection containers, and any on -site collection containers for trash, recycling and composting. The City will also supply appropriate bags for each collection container and will bill the Historical Society for collection bags required at the Summer Market. The Historical Society will be responsible for transporting any items deposited in these containers to the City's collection site located along the south wall of Fire Station 17. 1.9 The City will supply a key to allow the Historical Society to unlock the public restrooms adjacent to the market at 6:00 a.m. A City employee will perform routine maintenance in the restrooms mid -day. The City will maintain responsibility for locking the restrooms in the evening. The City will supply a contact number for issues related to the restroom. 2. Responsibilities of the Historical Society (some City responsibilities included). 2 Packet Pg. 129 8.4.a 2.1 2024 Summer Market season: May 4 through October 12. 2.2 Set up hours begin at 6:00 a.m. on Saturdays on 51h Avenue and 6:30 a.m. on Saturdays on Bell Street. 2.3 During the Summer Market, the sections of the Police parking lot not used by the Market will be reserved for police parking only. Parking restrictions will be posted and vendor and customer parking will not be allowed in this area. Violators may be towed at their own expense. 2.4 For the Summer Market, parking restrictions will be posted indicating violators will be towed. The Police Department will attempt to notify owners. If not located by 6:30 a.m., the police will proceed to have violating vehicles towed. 2.5 The Summer Marke will make available to the City one 10 x 10 Vendor booth location on the first Saturday of each month for promotion of City related activities. 2.6 For the Summer Market, street barricades must be in place at 6:30 a.m. on Saturday and removed by 4:00 p.m. The Historical Society will ensure that Sound Disposal will have adequate access to the alley next to the Museum for Saturday morning pickup. Sound Disposal will enter 5th Avenue from Main Street and access the alley by 8:00 a.m. at the latest. 2.7 The Historical Society will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds shall be named as an additional insured on the Historical Society's General Liability insurance policy using ISO Additional Insured - Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain, that the Historical Society's insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds shall be excess of the Historical Society's insurance and shall not contribute with it. The Historical Society will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than ANII. 2.8 The Historical Society agrees that the Summer Market is a public event. The Historical Society further agrees that areas constituting the City -Provided Site that are Packet Pg. 130 8.4.a covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Historical Society will permit citizens attending events open to the general public at a City -Provided Site during the Market to exercise therein their protected constitutional right to free speech without interference. 2.9 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Historical Society will strongly encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.10 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Historical Society will place clearly marked, City -supplied recycling, compost and waste containers throughout the Summer Market event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Historical Society will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.10, below). 2.11 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of noncompostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at the Summer Market will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to event participants. The Historical Society will provide for the on -site collection of compostable and recyclable materials and garbage from event participants, using designated color -coded collection containers. The Historical Society will ensure that on -site collection containers are serviced properly and continually during the Summer Market. The Historical Society representative will meet with the City's Recycling Coordinator or representative prior to April 26, 2024, in order to be educated on the 3- container system to maximize diversion of compostable and recyclable materials from the garbage. 2.12 The Historical Society will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Historical Society's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the Historical Society of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.13 Neither the Historical Society nor any of its officers, agents, or employees will discriminate in the provision of services under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 4 Packet Pg. 131 8.4.a 2.14 The Parties acknowledge that pursuant to Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Summer Market or of the contracting organization are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Historical Society warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the events described in this Agreement. 2.15 Historical Society agrees to the following Market days: Summer Market: Saturdays, May 4 through October 12, 2024 Historical Society agrees to the following Market hours of operation: Set up: 6:00 a.m. - 9:00 a.m. (6:00 a.m. start on 5th Avenue; 6:30 a.m. start on Bell Street) Open: 9:00 a.m. - 2:00 p.m. Takedown: 2:00 p.m. - 3:30 p.m. 2.16 The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the Historical Society or the participants in the Summer Market. 2.17 The Historical Society will provide fire watch for all times in and around the booths and displays open to the general public as part of the Summer Market. 2.18 The Historical Society will provide a portable Sani-Can at 537 Bell Street for the duration of the Summer Market season. 2.19 The Historical Society will commit to being good stewards of the Veterans Plaza, including but not limited to monitoring and removal of garbage from the garbage can located in Veterans Plaza two (2) times per day and monitoring and prompt cleanup of any and all spills. 2.20 Individual vendors are responsible for packing out all of their own garbage. The Historical Society may deposit up to sixteen (16) thirty-three (33) gallon bags of garbage generated in their area in the dumpster located in the Public Safety Center's trash enclosure that abuts Fire Station 17. 2.21 The Historical Society will arrange for and pay for a recycling container from Sound Disposal. The container will be stored and serviced in the Public Safety Center's trash enclosure that abuts Fire Station 17. s Packet Pg. 132 8.4.a 2.22 Upon the completion of the event, the Historical Society will make adequate provisions for the cleanup and restoration of all sites rented or provided under terms of this Agreement, including but not limited to removal of any grease stains as a result of the event. 2.23 The Historical Society will pay the City all permit fees, in accordance with the provisions of Chapters 4.90 and 4.100 ECC, for the above -mentioned facilities use and services at least ten (10) days prior to the event. This Agreement will serve as the special event permit application required under ECC 4.100.040. 2.24 Colored flags or banners may not be placed in the existing holes in the public sidewalk designated for the American flag program. 2.25 No ground penetrations are allowed unless authorized first by the City electrician and City Parks Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Historical Society. It is not allowed to fasten anything to the buildings, structures or trees, and doing so may result in damage cost recovery and/or fine. 3. Miscellaneous. 3.1 Entire Agreement, integration, amendment, waiver, applicable law and venue. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, 6 Packet Pg. 133 8.4.a official, agent, employee or representative of the Historical Society will be deemed to be the same of the City for any purpose. The Historical Society alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Historical Society in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish County Health District, and the City. It is in the interests of the Parties that the health and safety of event attendees and the general public is protected. It is the Historical Society's responsibility to ensure that all of its representatives and all participants in the events comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to the Historical Society of issue(s) relating to public health or safety and such issue(s) are not promptly corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Parks Director and at the sole discretion of the City, such issue threatens public health and safety. 3.5 Termination. If the Historical Society breaches any of its obligations under this Agreement and fails to cure the same within five (5) day's written notice to do so by the City, the City may terminate this Agreement. DATED this day of CITY OF EDMONDS: Mike Rosen, Mayor ATTEST/AUTHENTICATED : Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2024. EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY: Barb Fahey, Board Chair Packet Pg. 134 8.4.a Attachment A °n °l 4th and ter5ecti c S1gn at clo the in d sed to trams bell stat, road busln esses °n►V 1 - pen t0 Iota O0 Packet Pg. 135 Attachment B 8.4.a REQUIREMENTS FOR Outdoor Assembly Events REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free r from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane a structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Packet Pg. 136 LH ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 8.4.a SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 137 8.4.a Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist This document is a regional fire inspection checklist for mobile food preparation vehicles with the intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find a list of the jurisdictions that are participating in this program. This program does not omit local jurisdiction requirements and their permitting processes. All mobile food preparation vehicle operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: Contact Person: Phone Number: L&I Number (VEN): Date Inspected: Inspector Signature: Email: License Plate#: Fire Agency: Summary of Inspection - Regional ❑ Approved — No Violations ❑ Approved to operate — violations noted below must be corrected ❑ Not approved to operate Regional Inspection Checklist Documentation 1. Washington State L&I Approval Sticker Cooking System Type-1 Hood (If produces grease laden vapors) 1. Cooking suppression system is UL300 listed, serviced, and cleaned. • Date of last service: (Semiannually) • Date of last cleaning: 2. Manual Pull Station accessible and unobstructed. PASS FAIL N/A ❑ ❑ ❑ PASS FAIL N/A ❑ ❑ ❑ ❑ ❑ ❑ Packet Pg. 138 Cooking Oil Storage PASS FAIL 1. Aggregate volume less than 120 gallons. ❑ ❑ 2. Storage tanks stored in such a way as to not be toppled or ❑ ❑ damaged during transport. 8.4.a N/ El ❑ N LP -Gas Systems PASS FAIL N/A 1. LP tanks located on the outside of the vehicle or in a vapor ❑ ❑ ❑ tight cabinet vented to the outside. 2. LP tanks located on back of vehicle are provided with ❑ ❑ ❑ adequate impact protection provided. 3. Maximum LP tank size less than 200 pounds. (4.23 lb = 1 gal) ❑ ❑ ❑ • Number of tanks: • Size of tanks: • Date last inspected: (Annually) • Date of last hydro: 4. LP tanks securely mounted and piping protected. ❑ ❑ ❑ 5. LP gas alarm installed, operational and tested. ❑ ❑ ❑ • Last test date: 6. LP shut off valves installed and accessible. ❑ ❑ ❑ 7. LP tanks used or stored outside of the vehicle shall be ❑ ❑ ❑ secured with a non-combustible strap or chain in an upright position and protected from impact. CNG Systems PASS FAIL N/A 1. All CNG containers are NGV-2 cylinders with a maximum ❑ ❑ ❑ size less than 1300 pounds. (1 W = 8 lbs) • Number of tanks: • Size of tanks: • Tank expiration date(s): • Date last inspected: (Every 3 years) • Date of last hydro: 2. Tanks securely mounted and piping protected. ❑ ❑ ❑ 3. Methane gas alarm installed, operational and tested. ❑ ❑ ❑ • Last tested date: Portable Fire Extinguishers PASS FAIL N/A 1. Class K Extinguisher installed along egress path (if using ❑ ❑ ❑ deep fat fryer or solid fuels). • Date last Serviced (Annually) 2. Fire protection system use placard installed near Class K ❑ ❑ ❑ Extinguisher. 2 Packet Pg. 139 3. 2A:10B:C portable extinguisher shall be provided along ❑ El8.4.a egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. • Date last serviced = (Annually) 0 E w Electrical PASS FAIL N/A 1. Extension cords protected from damage. ❑ ❑ ❑ 2. No open electrical junction boxes or wiring. ❑ ❑ ❑ Generators PASS FAIL N/A 1. Generators located a minimum of 10 feet from ❑ ❑ ❑ combustibles. y 2. Refueling of internal combustion engines shall not be ❑ ❑ ❑ allowed during cooking operations and only when the a electric generators and internal combustion power sources w are not in use. Keeo Reauired Documentation in Your Food Truck Please ensure you keep a copy of the following documents in your truck. You may be asked to produce these at any time by a fire department inspector. • Your fire inspection report (this form or other documentation provided to you by the fire agency that completed your inspection). • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire suppression system and extinguishers, completed by the contractor you use. • A copy of any permit(s) issued by a local fire department for your food truck. 3 Packet Pg. 140 8.4.a Additional Checklist Information and Guidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. c 2018 International Fire Code Sections: 105 — Permits 319 — Mobile food preparation vehicles 607 — Commercial kitchen hoods 608 — Commercial kitchen cooking oil storage 904.12 — Commercial cooking systems 906 — Portable extinguishers National Fire Protection Association Standards 17A — Wet chemical extinguishing systems 58 — Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type-1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 0 Packet Pg. 141 8.4.a • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. • Manual Actuator is installed between 48 to 42 inches above the floor. • System Annunciation indicator (audible or visual) is provided to show that the system has been activated. • Exhaust, including hood, grease -removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High -volume cooking operations such as 24-hour cooking, charbroiling or wok 3 months cooking. Low -volume cooking operations such as places of religious worship, seasonal 12 months businesses and senior centers. Cooking operations utilizing solid fuel -burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep -fat fryers — installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum fl- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances — To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning — Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char -broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP -Gas Systems (IFC 319.8/IFC 61) System location — LP -Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers — LP -gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. Packet Pg. 142 8.4.a Protection of system piping — LP -gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro — All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking for a manufacturer's 4-digit month/year stamped on the collar. Cylinders that have previously been recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 02X07E or 07ABC07E. Inspected for damage — Damage can threaten the integrity of the tanks. LP -gas alarm — A listed LP -gas alarm shall be installed within the vehicle in the vicinity of LP -gas system components, in accordance with the manufacturer's instructions. Shutoff valves — There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP -Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter -turn manual gas ball valve installed within the LP -Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage — Damage or exposure to certain chemicals can threaten the integrity of CNG tanks Protection of system piping — CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms — A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions. Diamond -shaped label - CNG vehicles shall be identified with a permanent, diamond -shaped label complying with the following: • Minimum of 4.72 in. long x 3.27 in. high • Marking in the label shall consist of a border and the letters "CNG" 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) N. Packet Pg. 143 Train Your Food Truck Staff on These Fire Safety Basics: 8.4.a • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful — Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. 00o iRUCX • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture -resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food -preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 7 Packet Pg. 144 ATTENTION. 8.4.a Are you aware that your compressed gas cylinders must be inspected? Cylinders are required to be requalified, or replaced every 5.12 years depending on the cylinder type, condition, and previous requafficatien method (Ref. 49 CFR §§ 180.205(d) and 180-209). The orxWal manufacturenest date and any requalification+'retest dates must be presented in a speafic manner. Cylinders that are overdue for requahfication must not be refilled, If propane tanks are manufactured to ASTM Standards and built into the truck's body making it difficult to remove, then these tanks are exempt from the DOT reinspection requirements. For more information, contact the Haznlat Info -Center 1-800-467-4922. RIN number identifying retester/requalif ier 7;214 Month last Year last requalified requalified Requalification Date 0505 Volumetric Test. Basic Marking. Must be requalified within \1 % J t 12 years of stamped date (Must be F requalified by 7/2026 in this example) Original Manufacture/ Test Date If no requalification �,. Proof Pressure Test. markings are found. the cylinder must be "IS" ndcates cylinder must he requalified 7 date be requasfred within 12 az 14S within years of stamped (Must years of the original requallfred by 712021 in this example{ marwfacture date. (Must be requalified by 5/2017 in this example) 1 External Visual Test. �(A', 4 'E" indicates cyfinder must be requalified within 5 years of stamped date (Must be ti requalfied by 712019 in this example) ® if cylinder is out of test find an approved requalffier to requality u S Dapartmonr your cylinder. A list of DOT approved requallfiers Is available of Transpwranon from the PHMSA website: ftellne and httpsv/ponal. phrnsa.dot,govr'rinlocator Harordous Materials Safety Administration R1 Packet Pg. 145 8.4.a Participating Fire Agencies This list will be revised based on changes and posted to the King County Fire Chiefs webpage located at: DOCUMENTS I KC Fire Chiefs (kingcountyfirechiefs.org) Bellevue Fire Bothell Fire Eastside Fire Enumclaw Fire Everett Fire KCFD #2 / Burien Fire King County Fire Marshal's Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Shoreline Fire Snohomish County Fire Marshal's Office / Unincorporated Snohomish County Snohomish Regional Fire and Rescue South King Fire Tukwila Fire Valley Regional Fire Authority Woodinville Fire & Rescue If your jurisdiction would like to become a participating agency, please contact Tami Dauenhauer at 425-276-9581 or tauenhauer@rentonrfa.org. Revised 12/5/2022 Packet Pg. 146 CERTIFICATE OF LIABILITY INSURANCE I 8.4.a I DATE (n 02/16/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE; BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tt the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thl certificate holder in lieu of such endorsement(s). PRODUCER Pro Insur, Inc dba Campbell Risk Management 9595 Whitley Drive, Suite 204 Indianapolis, IN 46240 Larry Spiker Ext 203 INSURED Edmonds -South Snohomish County Historical Society & Museum dba Edmonds Museum dba Edmonds Summer Market PO Box 298 Edmonds Washington 98020 `�; I Larry Spilker ext 203 317-848-9093 t,MAl�cc Ispilker@campbellrisk.com INSURER A: HANOVER INSURANCE GROUP I 22292 INSURER C : INSURER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/Y POLICY EXP MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000 CLAIMS -MADE FXOCCUR X X AA4031 LHW D481967-02 - 05 05/04/2024 05/04/2025 DAMAGE TO RENTED PREMISES Ea occurrence $ 100, MED EXP (Any one person) $ 5, PERSONAL & ADV INJURY $ 2,000, GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000, X POLICY PRO ❑ LOC JECT F—I$ PRODUCTS - COMP/OP AGG $ 4,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peraccident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DIED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECU I IVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below $ E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's operation. Blanket additional Insured applies per coverage form 421-2915 06 15. Certificate holdE if any, is hereby an additional insured. CERTIFICATE HOLDER CANCELLATION City of Edmonds, WA 121 5th Ave N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Edmonds, WA 98020 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AU(� TTHHO\�RIIZED REPRESENTATIVE + N C O E W N M H Ca t r+ 7 R N LL In 1 r.+ N N LL Of L ,000 OQQ- 04 0QJ OOA W Ot5 N E d L CD Q C d > W 10 4) CL co rr C d E 4) L Q 4) > W Y L E E In le 04 CD N c d E t ra 10 Q © 1988-2014 ACORD CORPORATION ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD All rights reserved. Packet Pg. 147 8.4.b EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND URBAN CRAFT UPRISING Event Date — May 11, 2024 THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the URBAN CRAFT UPRISING (hereinafter referred to as the "UCU") (collectively, the "Parties"). WHEREAS, the UCU has conducted a public event known as "Edmonds Spring Fest" (hereinafter referred to as the "Event") in 2018, 2019, 2021, 2022 and 2023; and WHEREAS, the City Council finds that the Event will enhance tourism and promote economic development, as well as providing an opportunity for enjoyment to its citizens; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the UCU and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City (certain UCU obligations included). 1.1 The City will provide use of the Frances Anderson Center Playfield ("Playfield") and 8th Avenue between Main Street and Dayton Street (depicted on the Site Map in Exhibit A) (collectively referred to as the "City -Provided Site") so as to allow for the following: 1.1.1 The Event setup will begin on Friday, May 10, 2024 at 2:00 p.m.; street barricades to be in place by Friday, May 10, 2024 at 2:00 p.m. 1.1.2 The Event will run from 10:00 a.m. to 5:00 p.m. on Saturday, May 11, 2024 1.1.3 The Playfield will be used for the craft and food booths. The section of 81h Avenue depicted in Exhibit A will be utilized as an area for food trucks. 1.2 All surfaces listed will remain available to the UCU for Event purposes until Saturday, May 11, 2024 at 10:00 p.m. Final cleanup will take place as set forth in paragraph 2.9, below. 1.3 The City may irrigate the field prior to the event to reduce dust. The Playfield irrigation system will be turned off by 8:00 a.m. on Friday, May 10, 2024. 1.4 The City will provide up to ten (10) picnic tables, to be delivered to the Playfield. The UCU will provide crew members to assist with the moving and placement of the picnic tables. The UCU will be responsible for providing compost, recycle and garbage collection and removal of all trash. 1.5 City will remove the baseball field backstop and place it near the trees on the South side of the field. Packet Pg. 148 8.4.b 1.6 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event must comply with the requirements of the "Outdoor Assembly Events" and the "Regional Fire Marshals Food Truck Inspection Checklist" set forth in Exhibit C, attached hereto and incorporated herein by this reference. Such structures, booths and facilities may be inspected and reviewed by City Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine the facilities in use comply with the provisions of Exhibit C and state and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. 1.7 Edmonds Fire Marshal will inspect the facilities prior to the opening to the general public on or before 9:00 a.m., May 11, 2024, as the Parties will agree, and note all potential problems. Prior to the opening of the Event, the UCU will correct all problems related to fire safety. In the event that such problems are not corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of the City, any violation or other condition that threatens life, health or property has not been corrected. 1.8 Alcohol will not be served at the Event. 1.9 The City will provide safety barriers at the following two (2) locations for street closures required to contain the City -Provided Site described in Paragraph 1.1 (see Traffic Control Plan in Exhibit B): 1.9.1 81h Avenue at Main Street, to close 8th Avenue 1.9.2 81h Avenue at Dayton Street, to close 8th Avenue 1.10 The City will identify ADA parking stalls and provide official handicapped parking signs One load/unload space each will be marked on Dayton and Main Street. 1.11 The City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits set forth in the ordinances of the City of Edmonds. 1.12 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or designee. Police staffing levels and fees to be paid to the City, if any, will be mutually determined by the Chief of Police, or designee, and the UCU. 1.13 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items. 1.14 The UCU must supply power as needed. The City Electrician will have final say in all electrical matters. (No ground penetrations are allowed unless authorized first by the City Electrician and City Parks Department). Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the UCU). The UCU is not authorized to fasten anything to the buildings, structures, or trees. Doing so may result in damage cost recovery and/or fine. 1.15 The UCU must have temporary panels and power poles, if applicable, removed by 12:00 noon on May 13 2024. Packet Pg. 149 8.4.b 2. Responsibilities of the UCU. 2.1 The UCU agrees to the following general open hours for the Event: Saturday, May 11, 2024 10:00 a.m. — 5:00 p.m. 2.2 The UCU will pay the City Three Hundred Seventy -Five Dollars ($375.00) for the above - mentioned facility use prior to April 12, 2024. 2.3 The UCU will submit a cleaning/damage deposit of Five Hundred Dollars ($500.00) to the City prior to April 12, 2024. The deposit will be refunded to the UCU if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. 2.2 The UCU will provide any and all security services necessary during the nighttime hours (nighttime hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the UCU or the participants in the Event. 2.3 The UCU is responsible for contracting with appropriate vendors for power. Further, the UCU will arrange for a walk-through with the City Electrician to obtain approval for the accommodation of power and electricity needs. 2.4 The UCU will provide sufficient portable sani-cans and wash stations. 2.5 The UCU will be responsible for all required City of Edmonds and State of Washington permits. The UCU will submit the fee for the park usage permit provided for by this Agreement. 2.6 The UCU will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.7 Garbage service will be contracted and paid for by the UCU. 2.8 UCU will contact community transit at Construction. Supervisorkcommtrans.org no later than April 11, 2024 to inform them of the closure of 8th avenue and the need to re-route their bus service during the closure. 2.9 The UCU will be responsible for restoring the Playfield to its original condition no later than 12:00 noon, Sunday May 12, 2024. A UCU representative will meet with a member of the City's Parks and Recreation Department on the afternoon of May 10, 2024, to inspect the facility to document the "original" condition of the Playfield. A final inspection of the Event area will be conducted by the City Parks Maintenance Division to determine if all areas are clean and returned to their original condition to include removal of all garbage and equipment related to the event. 2.10 The UCU will supply no fewer than four (4) sheets of plywood to cover the field entrance on Dayton Street to mitigate potential turf damage from vehicles entering and exiting the site. 2.11 The UCU will operate the Event. Neither the UCU nor any of its officers, agents or employees will discriminate in the provision of services under this Agreement against any Packet Pg. 150 8.4.b individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.12 The Parties acknowledge that, pursuant to the provisions of Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances, and in outdoor areas where public employees of the City and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The UCU warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.13 The UCU agrees that the Event is a public event. The UCU further agrees that areas provided by the City that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, and gardens, are traditional public forums. As a result, the UCU will permit citizens attending events open to the general public during the Event to exercise therein their protected constitutional right to free speech without interference on City property. 2.14 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the UCU will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass or plastic bottles from Event participants, and arrange for recycling services. 2.15 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The UCU will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.16 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of non-compostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at this public event will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC to event participants. The UCU will provide for the on -site collection of compostable and recyclable materials and garbage from event participants, using designated color -coded collection containers. The UCU will ensure that on -site collection containers are serviced properly and continually during the event. A UCU representative will meet with the City's Recycling Coordinator or representative prior to April 15, 2023, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage. 2.17 The UCU may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.18 The Parks & Recreation Director will provide a temporary exemption to the No Dogs on playfields ordinance and allow dogs to be on leash at the Event. The UCU will ensure dogs do not enter the playground area and will ensure all dog waste is removed from the site. Police will be Packet Pg. 151 8.4.b notified of any aggressive dog behavior. The Parks & Recreation Director retains the right to suspend this temporary exemption at any time. 2.19 All requests for additional services and concerns of the Event will be directed by the UCU to the City's designated representative, Parks & Recreation Deputy Director, who may be contacted at 425-771-0230. 2.20 The UCU will provide a fire watch for all times the Event is open to the general public. The Fire Marshall or representative will inspect the Playfield with the UCU designated representative prior to the Event opening to the public, and any potential problems will be noted and reported to the City prior to the Fire Marshall's briefing. At 9:00 AM on May 11, 2024, the Fire Marshal will brief designated representatives of the UCU of the location and use of fire service features (fire extinguishers, pull stations, etc.) in the Frances Anderson Center, as well as inspect for any electrical and fire safety hazards. The UCU and appointed representatives will be the responsible individuals for performing fire prevention and fire watch activities. 2.21 The UCU will insure that: 1) Kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances in locations other than the food vending area will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2) Vehicles will only be allowed on turfed areas to load and unload, with adjacent streets used for parking during the Event. The UCU will notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. 3) Tents are held down with sandbags and not stakes. 2.22 The UCU will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the UCU's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the UCU of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.23 The UCU will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds shall be named as an additional insured on UCU's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Packet Pg. 152 8.4.b The insurance policy shall contain, or be endorsed to contain, that UCU's insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds shall be excess of UCU's insurance and shall not contribute with it. The UCU will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 3. Miscellaneous. 3.1 Entire agreement, integration, amendment, waiver, applicable law and venue. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the UCU will be deemed to be the same of the City for any purpose. The UCU alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The UCU in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish County Health District, and the City. It is the UCU's responsibility to ensure that all of its representatives and all participants in the Event comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to UCU of issue(s) relating to public health or safety and such issue(s) are not promptly corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Parks Director and at the sole discretion of the City, such issue threatens public health and safety. Packet Pg. 153 8.4.b 3.5 Termination. If the UCU breaches any of its obligations under this Agreement and fails to cure the same within a reasonable time after receiving written notice to do so from the City, the City may terminate this Agreement. DATED this day of 2024. CITY OF EDMONDS: URBAN CRAFT UPRISING: Mike Rosen, Mayor ATTEST/ AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Lindsey Ross, Owner Packet Pg. 154 8.4.b EXHIBIT A: SITE MAP DIJJV 101 a3SOID SI 3nN3AV HIS N C O E W d N cu Packet Pg. 155 8.4.b EXHIBIT B: TRAFFIC CONTROL PLAN City of EdmoMs EdmondsSpringFest Traffic Plan EDMONDS ST z z z w w w � Q Q _ BELL STcc �. rn MAIN ST Barricades and Closure Signs provided by Public 0 o a Works. Closed to all Traffic. MOO* Rana• Ammr•on Utrary 4M•rwn CanrrFNW C►ner O f7 Barricades and Closure Signs provided by Public :.AY TON Works. Local Access Only. w Q F- 00 MAPLE ST w Q V w > < ALDER ST r` !' Road Oosure Barricade r Reserved for ACA P Parking Signs •aaa� Food Trucks WALNUT ST West side only Mjv 202C E d d a� Q C 0) W to 0) U_ a� •L CL Cn N O N w _ d E t U fC a Packet Pg. 156 Exhibit C 8.4.b REQUIREMENTS FOR Outdoor Assembly Events REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) N 0 W CU ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free a from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Packet Pg. 157 LH ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 8.4.b SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 158 8.4.b Regional Fire Marshals Mobile Food Preparation Vehicle Inspection _ N Checklist 0 E This document is a regional fire inspection checklist for mobile food preparation vehicles with the w intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find? a list of the jurisdictions that are participating in this program. This program does not omit local CU jurisdiction requirements and their permitting processes. All mobile food preparation vehicle 06 operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: 0 Q N d Contact Person: ai c •L a Phone Number: Email: `n CU L L&I Number (VEN): License Plate#: y Date Inspected: Fire Agency: a Inspector Signature: Summary of Inspection - Regional ❑ Approved — No Violations ❑ Approved to operate — violations noted below must be corrected ❑ Not approved to operate Regional Inspection Checklist Documentation 1. Washington State L&I Approval Sticker Cooking System Type-1 Hood (If produces grease laden vapors) 1. Cooking suppression system is UL300 listed, serviced, and cleaned. • Date of last service: (Semiannually) • Date of last cleaning: 2. Manual Pull Station accessible and unobstructed. PASS FAIL N/A ❑ ❑ ❑ PASS FAIL N/A ❑ ❑ ❑ ❑ ❑ ❑ Packet Pg. 159 8.4.b Cooking Oil Storage PASS FAIL N/ 1. Aggregate volume less than 120 gallons. ❑ ❑ ❑ 2. Storage tanks stored in such a way as to not be toppled or ❑ ❑ ❑ damaged during transport. _ 0 LP -Gas Systems PASS FAIL N/A w 1. LP tanks located on the outside of the vehicle or in a vapor ❑ ❑ ❑ tight cabinet vented to the outside. 2. LP tanks located on back of vehicle are provided with ❑ ❑ ❑ 06 adequate impact protection provided. 3. Maximum LP tank size less than 200 pounds. (4.23 lb = 1 gal) ❑ ❑ ❑ • Number of tanks: • Size of tanks: > • Date last inspected: (Annually) W • Date of last hydro: a 4. LP tanks securely mounted and piping protected. ❑ ❑ ❑ 5. LP gas alarm installed, operational and tested. El El Ela� c • Last test date: Q 6. LP shut off valves installed and accessible. El El El`n 7. LP tanks used or stored outside of the vehicle shall be ❑ ❑ ❑ CU secured with a non-combustible strap or chain in an upright position and protected from impact. vi CNG Systems PASS FAIL N/A 1. All CNG containers are NGV-2 cylinders with a maximum ❑ ❑ ❑ size less than 1300 pounds. (1 W = 8 lbs) • Number of tanks: • Size of tanks: • Tank expiration date(s): • Date last inspected: (Every 3 years) • Date of last hydro: 2. Tanks securely mounted and piping protected. ❑ ❑ ❑ 3. Methane gas alarm installed, operational and tested. ❑ ❑ ❑ • Last tested date: Portable Fire Extinguishers PASS FAIL N/A 1. Class K Extinguisher installed along egress path (if using ❑ ❑ ❑ deep fat fryer or solid fuels). • Date last Serviced (Annually) 2. Fire protection system use placard installed near Class K ❑ ❑ ❑ Extinguisher. 2 Packet Pg. 160 8.4.b 3. 2A:10B:C portable extinguisher shall be provided along ❑ ❑ egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. • Date last serviced y (Annually) o E LU Electrical PASS FAIL N/A 1. Extension cords protected from damage. ❑ ❑ ❑ CU 2. No open electrical junction boxes or wiring. ❑ ❑ ❑ 06 Generators PASS FAIL N/A 1. Generators located a minimum of 10 feet from ❑ ❑ ❑ combustibles. 2. Refueling of internal combustion engines shall not be ❑ ❑ ❑ allowed during cooking operations and only when the electric generators and internal combustion power sources are not in use. Keeo Reauired Documentation in Your Food Truck Please ensure you keep a copy of the following documents in your truck. You may be asked to produce these at any time by a fire department inspector. • Your fire inspection report (this form or other documentation provided to you by the fire agency that completed your inspection). • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire suppression system and extinguishers, completed by the contractor you use. • A copy of any permit(s) issued by a local fire department for your food truck. a) E a) W L Q i d W N d U- C �L 'Q. Cn N O N w C d E t U fC a 3 Packet Pg. 161 8.4.b Additional Checklist Information and Guidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. 2018 International Fire Code Sections: 105 — Permits 319 — Mobile food preparation vehicles 607 — Commercial kitchen hoods 608 — Commercial kitchen cooking oil storage 904.12 — Commercial cooking systems 906 — Portable extinguishers National Fire Protection Association Standards 17A — Wet chemical extinguishing systems 58 — Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type-1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 0 Packet Pg. 162 8.4.b • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. • Manual Actuator is installed between 48 to 42 inches above the floor. • System Annunciation indicator (audible or visual) is provided to show that the system has been activated. • Exhaust, including hood, grease -removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High -volume cooking operations such as 24-hour cooking, charbroiling or wok 3 months cooking. Low -volume cooking operations such as places of religious worship, seasonal 12 months businesses and senior centers. Cooking operations utilizing solid fuel -burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep -fat fryers — installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum fl- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances — To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning — Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char -broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP -Gas Systems (IFC 319.8/IFC 61) System location — LP -Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers — LP -gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. Packet Pg. 163 8.4.b Protection of system piping — LP -gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro — All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking for a manufacturer's 4-digit month/year stamped on the collar. Cylinders that have previously been recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 02X07E or 07ABC07E. Inspected for damage — Damage can threaten the integrity of the tanks. LP -gas alarm — A listed LP -gas alarm shall be installed within the vehicle in the vicinity of LP -gas system components, in accordance with the manufacturer's instructions. Shutoff valves — There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP -Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter -turn manual gas ball valve installed within the LP -Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage — Damage or exposure to certain chemicals can threaten the integrity of CNG tanks Protection of system piping — CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms — A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions. Diamond -shaped label - CNG vehicles shall be identified with a permanent, diamond -shaped label complying with the following: • Minimum of 4.72 in. long x 3.27 in. high • Marking in the label shall consist of a border and the letters "CNG" 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) N. Packet Pg. 164 Train Your Food Truck Staff on These Fire Safety Basics: 8.4.b • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful — Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. 00o iRUCX • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture -resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food -preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 7 Packet Pg. 165 ATTENTION. 8.4.b Are you aware that your compressed gas cylinders must be inspected? Cylinders are required to be requalified, or replaced every 5.12 years depending on the cylinder type, condition, and previous requafficatien method (Ref. 49 CFR §§ 180.205(d) and 180-209). The original manufacturenest date and any requalification+'retest dates must be presented in a speafic manner. Cylinders that are overdue for requahfication must not be refilled, If propane tanks are manufactured to ASTM Standards and built into the truck's body making it difficult to remove, then these tanks are exempt from the DOT reinspection requirements. For more information, contact the Haznlat Info -Center 1-800-467-4922. tills C Q W I N 8 = 8 ~ Owl06 RIN number identifying retester/requalif ier 7;214 Month last Year last requalified requalified Requalification Date 0505 Volumetric Test. Basic Marking. Must be requalified within \1 % J t 12 years of stamped date (Must be F requalified by 7/2026 in this example) Original Manufacture/ Test Date If no requalification �,. Proof Pressure Test. markings are found. the cylinder must be "IS" indicates cylinder must he requalified 7 date be requasfied within 12 az 14S within years of stamped (Must years of the original requallfred by 712021 in this example{ marwfacture date. (Must be requalified by 5/2017 in this example) 1 External Visual Test. �(A', 4 'E" indicates cyfinder must be requalified within 5 years of stamped date (Must be ti requalified by 712019 in this example) ® if cylinder is out of test find an approved requaliffier to requality u S Dapartmonr your cylinder. A list of DOT approved requallfiers Is available of Transpwranon from the PHMSA website: ftellne and https:ilponal. phmsa.dot,govr'rinlocator Harordous Materials Safety Administration R1 Packet Pg. 166 8.4.b Participating Fire Agencies 0 This list will be revised based on changes and posted to the King County Fire Chiefs webpage E located at: DOCUMENTS I KC Fire Chiefs (kingcountyfirechiefs.org) w a� CU Bellevue Fire 06 Bothell Fire Eastside Fire Enumclaw Fire CE Everett Fire KCFD #2 / Burien Fire King County Fire Marshal's Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Q. Cn Shoreline Fire Snohomish County Fire Marshal's Office / Unincorporated Snohomish County E a� Snohomish Regional Fire and Rescue a, a South King Fire d Tukwila Fire w Valley Regional Fire Authority U- a� Woodinville Fire & Rescue L Q. Cn If your jurisdiction would like to become a participating agency, please contact Tami c Dauenhauer at 425-276-9581 or tauenhauer@rentonrfa.org. N w m E 0 fC a Revised 12/5/2022 Packet Pg. 167 Permit FAC (Frances Anderson Center) PHONE:(425) 771-0230 700 Main Street FAX:(425) 771-0253 Edmonds, WA 98020 EMAIL:reczoneC@edmondswa.gov Customer Name Lindsey Ross -14534 Customer Type General Public Mailing Address Urban Craft Uprising 4207 SE Woodstock Blvd. #381 Portland, OR 97206 System User Todd Cort Spring Fest 24 Booking Summary START DATE/TIME May 10, 2024 2:00 PM May 11, 2024 8:00 AM START DATE/TIME May 10, 2024 2:00 PM May 11, 2024 8:00 AM Resource level fees END DATE/TIME May 10, 2024 9:00 PM May 11, 2024 9:00 PM END DATE/TIME May 10, 2024 9:00 PM May 11, 2024 9:00 PM START DATE/TIME END DATE/TIME May 10, 2024 2:00 PM May 10, 2024 9:00 PM May 11, 2024 8:00 AM May 11, 2024 9:00 PM Resource level fees Deposit EVENT RESOURCE DEPOSIT FEE CHARGE 8.4.b Permit # R5235 Status Approved Date May 18, 202312:40 PN N Home Phone Number (503) 488-6022 -p Email Address IindseyC@urbancraftuprising.com p E W N w N H 06 s r Rental Fee $375.00 �+ Discounts $0.00 4 Subtotal $375.00 Deposits $500.00 N Deposit Discounts $0.00 Li N Total Permit Fee $875.00 Q N N ILL Total Payment $0.00 C Refunds $0.00 Q Balance $875.00 N N M 3 resource(s) 6 booking(s) Subtotal: $875.00 c a� E m L Center:Q ATTENDEE AMT W/O TAX rt+ d 1 $0.00 W 'R_ 1 $0.00 v Q to ATTENDEE AMT W/O TAX .r d 1 $0.00 N L 1 $0.00 Q C $375.00 Center: FAC W ATTENDEE AMT W/O TAX ILL 0) 1 $0.00 'Ci Q 1 $0.00 N O $500.00 N C N E s ca w Q TAX AMOUNT PAID REFUNDS BALANCE # R5235 Status Approved Packet Pg. 168 Spring Fest FAC - Grass Damage 24 B Deposit Payment Schedules DUE DATE AMOUNT DUE Mar 11, 2024 $875.00 Date: FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone@edmondswa.gov $500.00 8.4.b $0.00 $0.00 $0.00 Original Balance: $875.00 Current Balance: $875.00 AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE to C $0.00 $0.00 $875.00 C E M W N w N H X: °6 s r 3 Date: Lindsey Ross v Customer ID: 14534 LL Home Phone Number: (503) 488-6022 Email Address: lindsey@urbancraftuprising.com Q N N LL ZA C C Q N N M to C N E d d L Q rt+ C > w Q U) rt+ C E L Q > w LL �L Q N O N C N t t) R Q # R5235 Status Approved Packet Pg. 169 8.4.c EVENT AGREEMENT N CITY OF EDMONDS, WASHINGTON AND Ca EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED y THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED (hereinafter referred to as the "Festival Association") (collectively, the "Parties"). WHEREAS, the Festival Association has for many years sponsored a public event known as the Edmonds Arts Festival, which provides educational and artistic benefits to the citizens of Edmonds; and WHEREAS, the City Council finds that in addition to providing an educational opportunity, the Edmonds Arts Festival showcases Edmonds' artists and helps promote tourism and thereby the economy of Edmonds; and WHEREAS, the City Council finds that the considerations to be provided to the Festival Association by the City are more than adequately recompensed by the compensation provided by the Festival Association and from the public benefits received by the citizens of the City; NOW, THEREFORE, in consideration of the promises, covenants, conditions, and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City (certain Festival Association obligations included). 1.1 The City will provide the following spaces at the Frances Anderson Center to the Festival Association: June 6 at 8:00 am to June 18 at 5:00 pm Rooms 114, 123, 206, 207, 208, 209 and 301 for nonpublic use. Under no circumstances will the Festival Association have access to the Sculptors Workshop Rooms 210 & 211. June 6 at 8:00 am to June 17 at 5:00 pm Gymnasium The Festival Association will cover the gym floor to prevent damage. June 12 at 8:00 am to June 18 at 8:00 am Playfield and amphitheater The Frances Anderson Center playfield ("Playfield") will be used for Artwork Booths. The City may irrigate the Playfield prior to the Festival to reduce dust. The Playfield irrigation system will be turned off by 8:00 am on June 11, 2024. The Festival Association agrees to cover the baseball infield dirt only. Packet Pg. 170 8.4.c The courtyard area adjacent to the Frances Anderson building (West of the amphitheater, N south of the gymnasium, east of the building) may be used for a food concession area. The M City will provide up to fifteen (15) picnic tables and up to fifteen (15) garbage cans to the Ca Frances Anderson Center field. The Festival Association will provide crew members to assist with the moving and placement of picnic tables and garbage cans. The Festival 3 Association will be responsible for providing a dumpster for trash and grease traps for wastewater disposal. The Festival Association will provide the City with a list of supplies > for use both inside the building and the Playfield (trash can liners, paper towels, etc.) which the City will order. The Festival Association will pay the invoices for all supplies in a timely fashion. 1.2 The City will provide the following spaces at the Edmonds Library Plaza to the Festival Association to be used for special functions: June 11 at 8:00 am to June 17, at 5:00 pm. Plaza Room June 11 at 8:00 am to June 17, at 5:00 pm. Plaza Patio 1.3 All of the rooms identified herein will be under the exclusive control of the Festival Association during the period identified due to the high value of the arts and crafts works that will be located therein. The City will make its best efforts to limit foot traffic not related to the Festival Association. 1.4 The City will check out two (2) sets of the required keys plus three (3) additional room keys to the Festival Association President, or designee, who will be responsible for security of all Festival Association displays and supplies. 1.5 The City will provide potable water access in two locations. First, attached to the Frances Anderson Center exterior behind the bandshell and the second near the corner of 81h and Main St. 1.6 The City will mark all irrigation lines on the playfield. 1.7 Eighth Avenue will be closed between Main Street and Dayton Street for an additional food concession area and eating tables from June 13 at 8:00 am until June 17 at 12:00 noon. The City will provide and install safety barriers at both ends of the closed street. The Festival Association will ensure that these safety barriers are kept in place for the duration of the event, see Exhibit A. 1.8 Except as provided below, the City grants the Festival Association the exclusive use of the parking lot between the Anderson Center and the Edmonds Library for permit parking from June 11 through June 17; provided, however, that the Festival Association will provide nine (9) parking permits and marked stalls for Library staff/patrons, which include three (3) handicapped parking stalls. The Dayton Street book drop and the Library Packet Pg. 171 8.4.c receiving area must remain open at all times. The City will provide official handicapped N parking signs as identified in Exhibit A. One (1) load/unload space each will be marked on (a Dayton and Main Street. Ca 1.9 The City will install Edmonds Arts Festival street banners at all approved sites. The Festival Foundation will obtain a Street Banner Permit from the Public Works Department and pay the required fee. 1.10 The City will provide one (1) 200-amp panel of electrical service; the Festival Association must supply any additional power. A Festival Association representative and a City Public Works representative will meet prior to June 2, 2024, to draw up an interior and exterior electrical plan. The Festival Association is responsible for notifying the Snohomish County PUD of hookups and scheduling inspection of temporary panels (including any necessary permits). The City will provide the City Electrician on an "on - call" basis, and is subject to reimbursement from the Festival Association for time and materials, minimum 4-hour overtime callback. The City Electrician will have final say in all electrical matters. No ground penetrations are allowed unless authorized first by the City Electrician and City Parks and Recreation Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Festival Association. It is not allowed to fasten anything to the buildings, structures, or trees. Doing so may result in damage cost recovery and/or fine. 1.11 The Festival Association must have temporary panels and power poles removed by 12:00 noon on June 19, 2024. 1.12 The City will supply a list of acceptable compostable and recyclable foodware items and of suppliers for the compostable items. The City will provide signage for the on - site collection containers and any additional containers, if needed. 1.13 The City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits set forth in the ordinances of the City of Edmonds. 2. Responsibilities of the Festival Association. 2.1 The Festival Association will operate the Edmonds Arts Festival consistent with its educational purposes and will not illegally discriminate in the provision of the event or in its entrance requirements against any person or organization in violation of state or federal statute or local ordinance. 2.2 In addition, the Parties acknowledge that, pursuant to the provisions of Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking Packet Pg. 172 8.4.c ban. The Festival Association warrants that it will comply with the smoking ban and will N utilize the services and advice of the Snohomish County Health Department in assuring M compliance during the event described in this Agreement. Ca 2.3 The Festival Association agrees that the Edmonds Arts Festival is a public event. The Festival Association further agrees that areas provided by the City that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Festival Association will permit citizens attending events open to the general public during the Edmonds Arts Festival to exercise therein their protected constitutional right to free speech without interference on City property. 2.4 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Festival Association will place clearly marked recycling containers throughout the event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Festival Association will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.6, below). 2.5 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Festival Association will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.6 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of non- compostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at this public event will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC to event participants. The Festival Association will provide for the on -site collection of compostable and recyclable materials and garbage from event participants, using designated color -coded collection containers. The Festival Association will ensure that on -site collection containers are serviced properly and continually during the event. A Festival Association representative will meet with the City's Recycling Coordinator or representative prior to June 12, 2024, in order to be educated on the 3- container system to maximize diversion of compostable and recyclable materials from the garbage. 2.7 Displays and artworks will not be hung from conduits or sprinkler pipes. Exits and exit signage will not be obstructed except with specific approval of the Fire Marshall or designee. Nothing will be attached to any piece of art displayed by the City, or on any metal surface, within the Edmonds Art Festival premises made available by the City to the Festival Association and covered by this Agreement. The Festival Association will be responsible for removing all paint, wires, and modifications made to the building for the Festival and restoring the premises to its original condition. No stakes will be used on grassy areas of the Plaza. A Festival Association representative will meet with a member Packet Pg. 173 8.4.c of the City's Parks and Recreation Department prior to June 12, 2024 and on June 18, 2024 N to inspect the facility to document the "original" and post event condition of the Anderson M Center, the Plaza Rooms, and outside areas. Ca 2.8 The Festival Association will provide sufficient portable sani-cans and wash stations. The Festival Association will take over cleaning and stocking the restrooms from June 6 at 8:00 am until June 17. The Festival Association will meet with the City's Lead Custodian to review cleaning expectations prior to event. In the event of a call -out during the event, the Festival Association will reimburse the City for time and materials, at a minimum rate of 4-hour overtime callback. 2.9 The Festival Association will notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. 2.10 The Festival Association will provide manpower to assist with the tear -down of Room 207, date and time TBD prior to June 6, 2024. Also, City clients will have access to the weight room (200A) for drop -in use up until 1:00 pm, Wednesday, June 12, 2024, and starting again at 8:30 am, Tuesday, June 18, 2024. The clients will use the alternate Main Street entrance (no access through the gym). The City will secure the hallway between the gymnasium and the weight room by 12:00 noon, Monday, June 10, 2024. The hallway must be opened by 2:00 pm, June 13 and must remain open, clear and unobstructed for egress during the Edmonds Arts Festival. 2.11 Permits: The Festival Association will be responsible for all required city and state permits. The Festival Association will submit all required application(s) and fees(s) for the Street Banner Permits provided for by this Agreement. All permits will be arranged through a designated representative of the City. The Festival Association is responsible for obtaining any necessary permits for serving alcohol on the premises from the State of Washington. 2.12 Clean -UP: The Festival Association will be responsible for clean-up of the festival grounds and indoor spaces as follows: 1) Restore all areas to their original condition. 2) Pick up all trash and remove all items and equipment related to the Edmonds Arts Festival by 12:00 noon, June 18, 2024 (including grounds and buildings). 3) Plaza room carpet will be professionally cleaned so that it is dry and ready for use by 8:30 am on Tuesday, June 18, 2024. 4) Carpet/rugs, hard floor surfaces, and stairs will be professionally cleaned, and otherwise restored to their original condition (with the exception of the gym) no later than June 18, 2024 at 12:00 noon. Packet Pg. 174 8.4.c 5) Restroom facilities will be professionally cleaned and ready for public use no N later than June 17 at 12:00 noon. 6) Power wash cleaning of the following: a. All paved food concession areas; b. Edmonds Library Plaza patio; and c. All pedestrian walkways/steps around amphitheater, Frances Anderson Center, and Library Plaza area. 7) Wash east -facing windows on the first and second floor of the Frances Anderson Center by 4:OOpm on June 18, 2024. (Care must be taken particularly with the Daycare windows below ground level, which have exhaust fans that are not able to be sealed). 8) Install drain guards on all affected storm drains prior to the beginning of the Festival, and for removing them after clean-up is complete. Drain guards will be provided by the City. Power washed materials (litter, etc.) must be collected and disposed of and not pushed to adjacent areas. 9) Disposal of wastewater will be according to the City policy using grease traps provided, cleaned and picked up, by the Festival Association. 2.13 Fire Watch: The Festival Association will provide a fire watch for all times the buildings and displays are open to the general public. The Fire Marshall or representative will inspect the Frances Anderson Center with the Festival Association President, or designated representative, prior to June 10, 2024 and any potential problems will be noted and reported to the City prior to Fire Marshall's briefing. At 9:00 am on June 14, 2024, the Fire Marshal will brief designated representatives of the Festival Association of the location and use of fire service features (fire extinguishers, pull stations, etc.) in the Anderson Center and Edmonds Plaza Room as well as inspect for any electrical and fire safety hazards. The Festival Association President and appointed representatives will be the responsible Festival Association individuals for performing fire prevention and fire watch activities. 2.14 The Festival Association will comply with all South County Fire guidelines, including the "Outdoor Assembly Events" and "Regional Fire Marshals Food Truck Inspection Checklist" set forth in Exhibit B, attached hereto and incorporated herein by this reference, and will additionally insure that: 1) Kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances in locations other than the food vending area will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Edmonds Arts Festival opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. Packet Pg. 175 8.4.c 2) Vehicles will only be allowed on turfed areas to load and unload. Food Court IM concessions will use the Main Street entrance for loading and unloading. Ca 3) Precaution and measures are taken to prevent water from entering into the interior of the Frances Anderson Center buildings. 2.15 Fees: The Festival Association will pay a fee of $5,500.00 for Anderson Center, under stage storage, Plaza Room and environs to the City for the use and services of the above -mentioned facilities in this Agreement no later than May 13, 2024. The Festival Association will pay directly to the contractor for supplies provided through the City for the actual cost of supplies furnished by the City within thirty (30) days of mailing of a final bill by the City. 2.16 Damage Deposit: The Festival Association will submit a cleaning/damage deposit of $1,000.00 to the City no later than May 13, 2024. The deposit will be refunded to the Festival Association if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning and supply costs. 2.17 Indemnification: The Festival Association shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Festival Association and the City, its officers, officials, employees, and volunteers, the Festival Association's liability hereunder shall be only to the extent of the Festival Association's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Festival Association's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 2.18 Insurance: The Festival Association will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds shall be named as an additional insured on the Festival Association's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $2,000,000 each occurrence ($1,000,000 Commercial General Liability and Packet Pg. 176 8.4.c $1,000,000 Umbrella), and $3,000,000 general aggregate ($2,000,000 Commercial N General Liability and $1,000,000 Umbrella). The insurance policy shall contain, or be endorsed to contain, that the Festival Association's insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds shall be excess of the Festival Association's insurance and shall not contribute with it. In the event that the Festival Association's employees and/or volunteers provide the service of alcohol at the event, the Festival Association's General Liability insurance will also include host liquor liability coverage. However, if the Festival Association contracts with a third -party vendor or vendors to provide all service of alcohol, the Festival Association will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming that the vendor(s) have Liquor Liability coverage, with limits no less than $1,000,000 per vendor. The City will be named as an additional insured on any third -party vendor(s)' Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the Festival Association's Certificate of Insurance. The Festival Association will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.19 Notices. All requests for additional services and concerns of the Festival Association will be directed by the Festival Association President to the City's designated representative, Parks Deputy Director, 425-771-0232. 3. Miscellaneous 3.1 Entire agreement, integration, amendment, waiver, applicable law and venue. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to pandemic -related restrictions, fire, flood, strike or other labor Packet Pg. 177 8.4.c difficulty, act of nature, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Festival Association will be deemed to be the same of the City for any purpose. The Festival Association alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Festival Association in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. It is the Festival Association's responsibility to ensure that all of its representatives and all participants in the events comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to the Festival Association of issue(s) relating to public health or safety and such issue(s) are not promptly corrected, the City may at its sole discretion cancel the event(s) or prohibit the attendance of the general public in certain areas, if in the opinion of the Parks Director and at the sole discretion of the City, such issue threatens public health and safety. 3.5 Termination. If the Festival Association breaches any of its obligations under this Agreement and fails to cure the same within a reasonable time after receiving written notice to do so by the City, the City may terminate this Agreement. DATED this day of CITY OF EDMONDS: Mike Rosen, Mayor ATTEST/ AUTHENTICATED Scott Passey, City Clerk 2024. EDMONDS ARTS FESTIVAL ASSOCIATION Diane Cutts, Arts Festival Co -President APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 178 K) Q 0 0 QI 0 2 Exhibit A Parking and Street Closure Map VqT7 14 a -a ig a zi J- 7, 0 > 0 > X pis z 0 I Packet Pg. 179 1 8.4.c p (O W V M In A W f j — T (n C C V) (n Ln Ln t!1 -0 m O EO EO O O O O-00O Z O M Q rD 0 0 0 0 0 3 O N N N O O C O T T-, 0 0 0 0 -0 0 0 m m rD a fl, ODaa nnn < O G C m D o 3 3 n n n o ° m a Q D m o 0 0 n n a N n n V i O Z V m m ENTRANCE o ■ ■ ■ m ao rn o O p 0 (D 00 V ' O 00 W N N nJ 14' V N 14' r 14' co Ln 61 W W W W W A J A W N A N _ X N X rn Ol ON A 3 In N X 41 6 In Ul A (n w FF 14 8s I v II N 14' W N A N X In X m m O1 ol (O `J ON In A W N N O N O fj O N O N O IV O N O N O tj N '2 CO N N O N N W N N � N � N 14 nj N N N N N N N N V N W ON fj W LJ Kj W A N W W N W Ij N W N W fj N 14' X W N N X N N X N N X N W N N — X .Nla ol ko N W V N A N A 11 & (n IV A A N A W N A N N A N A. V U VNi A (Nn W Ln N VNi ON 0 w 0 w 0 w 0 w 0 w 0 a LA f-j W N w nJ In W N A W IV N W hJ W 14' 14' W N 14' 14' w w w w w W W ON A W A W A N wLn W A lWn (WJl VWi W A N N N N N N N W In N N W W Ol A O1 K) mW X V w W X V W W X V W X V O � In V T� N m m Packet Pg. 180 Exhibit B 8.4.c REQUIREMENTS FOR Outdoor Assembly Events REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) to H ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free a from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Packet Pg. 181 8.4.c d M ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 182 8.4.c Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist This document is a regional fire inspection checklist for mobile food preparation vehicles with the intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find a list of the jurisdictions that are participating in this program. This program does not omit local jurisdiction requirements and their permitting processes. All mobile food preparation vehicle operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: Contact Person: Phone Number: L&I Number (VEN): Date Inspected: Inspector Signature: Email: License Plate#: Fire Agency: Summary of Inspection - Regional ❑ Approved — No Violations ❑ Approved to operate — violations noted below must be corrected ❑ Not approved to operate Regional Inspection Checklist Documentation 1. Washington State L&I Approval Sticker Cooking System Type-1 Hood (If produces grease laden vapors) 1. Cooking suppression system is UL300 listed, serviced, and cleaned. • Date of last service: (Semiannually) • Date of last cleaning: 2. Manual Pull Station accessible and unobstructed. PASS FAIL N/A ❑ ❑ ❑ PASS FAIL N/A ❑ ❑ ❑ ❑ ❑ ❑ Packet Pg. 183 8.4.c Cooking Oil Storage PASS FAIL N/ 1. Aggregate volume less than 120 gallons. ❑ ❑ ❑ 2. Storage tanks stored in such a way as to not be toppled or ❑ ❑ ❑ damaged during transport. W LP -Gas Systems PASS FAIL N/A 1. LP tanks located on the outside of the vehicle or in a vapor ❑ ❑ ❑ ;, tight cabinet vented to the outside. 2. LP tanks located on back of vehicle are provided with ❑ ❑ ❑ adequate impact protection provided. y 3. Maximum LP tank size less than 200 pounds. (4.23 lb = 1 gal) ❑ ❑ ❑ • Number of tanks: • Size of tanks: Q w • Date last inspected: W Ui (Annually) •L • Date of last hydro: Cn 4. LP tanks securely mounted and piping protected. El El El0 5. LP gas alarm installed, operational and tested. ❑ ❑ ❑ M • Last test date: 6. LP shut off valves installed and accessible. ❑ ❑ ❑ c 7. LP tanks used or stored outside of the vehicle shall be ❑ ❑ ❑ a� E secured with a non-combustible strap or chain in an upright position and protected from impact. a r c m CNG Systems PASS FAIL N/A w 1. All CNG containers are NGV-2 cylinders with a maximum ❑ ❑ ❑ size less than 1300 pounds. (1 W = 8 lbs) N • Number of tanks: • Size of tanks: r a� • Tank expiration date(s): E as L • Date last inspected: a (Every 3 years) • Date of last hydro: > w 2. Tanks securely mounted and piping protected. ❑ ❑ ❑ 3. Methane gas alarm installed, operational and tested. ❑ ❑ ❑, • Last tested date: as w N Portable Fire Extinguishers PASS FAIL N/A 1. Class K Extinguisher installed along egress path (if using ❑ ❑ ❑ o deep fat fryer or solid fuels). E • Date last Serviced w (Annually) N 2. Fire protection system use placard installed near Class K ❑ ❑ ❑ Extinguisher. 2 Packet Pg. 184 8.4.c 3. 2A:10B:C portable extinguisher shall be provided along ❑ ❑ egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. a� • Date last serviced y (Annually) Electrical PASS FAIL N/A 1. Extension cords protected from damage. ❑ ❑ ❑ 2. No open electrical junction boxes or wiring. ❑ ❑ ❑ Generators PASS FAIL N/A 1. Generators located a minimum of 10 feet from ❑ ❑ ❑ combustibles. 2. Refueling of internal combustion engines shall not be ❑ ❑ ❑ allowed during cooking operations and only when the electric generators and internal combustion power sources are not in use. Keeo Reauired Documentation in Your Food Truck Please ensure you keep a copy of the following documents in your truck. You may be asked to produce these at any time by a fire department inspector. • Your fire inspection report (this form or other documentation provided to you by the fire agency that completed your inspection). • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire suppression system and extinguishers, completed by the contractor you use. • A copy of any permit(s) issued by a local fire department for your food truck. 3 Packet Pg. 185 8.4.c Additional Checklist Information and Guidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. 2018 International Fire Code Sections: 105 — Permits 319 — Mobile food preparation vehicles 607 — Commercial kitchen hoods 608 — Commercial kitchen cooking oil storage 904.12 — Commercial cooking systems 906 — Portable extinguishers National Fire Protection Association Standards 17A — Wet chemical extinguishing systems 58 — Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type-1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 0 Packet Pg. 186 8.4.c • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. N • Manual Actuator is installed between 48 to 42 inches above the floor. M • System Annunciation indicator (audible or visual) is provided to show that the system has been 06 activated. s • Exhaust, including hood, grease -removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High -volume cooking operations such as 24-hour cooking, charbroiling or wok 3 months cooking. Low -volume cooking operations such as places of religious worship, seasonal 12 months businesses and senior centers. Cooking operations utilizing solid fuel -burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep -fat fryers — installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum fl- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances — To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning — Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char -broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP -Gas Systems (IFC 319.8/IFC 61) System location — LP -Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers — LP -gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. Packet Pg. 187 8.4.c Protection of system piping — LP -gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro — All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking N for a manufacturer's 4-digit month/year stamped on the collar. Cylinders that have previously been M recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 06 02X07E or 07ABC07E. r Inspected for damage — Damage can threaten the integrity of the tanks. LP -gas alarm — A listed LP -gas alarm shall be installed within the vehicle in the vicinity of LP -gas system components, in accordance with the manufacturer's instructions. Shutoff valves — There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP -Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter -turn manual gas ball valve installed within the LP -Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage — Damage or exposure to certain chemicals can threaten the integrity of CNG tanks Protection of system piping — CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms — A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions. Diamond -shaped label - CNG vehicles shall be identified with a permanent, diamond -shaped label complying with the following: • Minimum of 4.72 in. long x 3.27 in. high • Marking in the label shall consist of a border and the letters "CNG" 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) N. Packet Pg. 188 Train Your Food Truck Staff on These Fire Safety Basics: 8.4.c • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful — Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. 00o iRUCX • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture -resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food -preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 7 Packet Pg. 189 ATTENTION. 8.4.c Are you aware that your compressed gas cylinders must be inspected? Cylinders are required to be requalified, or replaced every 5.12 years depending on the cylinder type, condition, and previous requafficatien method (Ref. 49 CFR §§ 180.205(d) and 180-209). The orxWal manufacturenest date and any requalification+'retest dates must be presented in a speafic manner. Cylinders that are overdue for requahfication must not be refilled, If propane tanks are manufactured to ASTM Standards and built into the truck's body making it difficult to remove, then these tanks are exempt from the DOT reinspection requirements. For more information, contact the Haznlat Info -Center 1-800-467-4922. RIN number identifying retester/requalif ier 7;214 Month last Year last requalified requalified Requalification Date 0505 Volumetric Test. Basic Marking. Must be requalified within \1 % J t 12 years of stamped date (Must be F requalified by 7/2026 in this example) Original Manufacture/ Test Date If no requalification �,. Proof Pressure Test. markings are found. the cylinder must be "IS" ndcates cylinder must he requalified 7 date be requasfred within 12 az 14S within years of stamped (Must years of the original requallfred by 712021 in this example{ marwfacture date. (Must be requalified by 5/2017 in this example) 1 External Visual Test. �(A', 4 'E" indicates cyfinder must be requalified within 5 years of stamped date (Must be ti requalfied by 712019 in this example) ® if cylinder is out of test find an approved requalffier to requality u S Dapartmonr your cylinder. A list of DOT approved requallfiers Is available of Transpwranon from the PHMSA website: ftellne and httpsv/ponal. phrnsa.dot,govr'rinlocator Harordous Materials Safety Administration R1 Packet Pg. 190 8.4.c Participating Fire Agencies This list will be revised based on changes and posted to the King County Fire Chiefs webpage located at: DOCUMENTS I KC Fire Chiefs (kingcountyfirechiefs.org) Bellevue Fire Bothell Fire Eastside Fire Enumclaw Fire Everett Fire KCFD #2 / Burien Fire King County Fire Marshal's Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Shoreline Fire Snohomish County Fire Marshal's Office / Unincorporated Snohomish County Snohomish Regional Fire and Rescue South King Fire Tukwila Fire Valley Regional Fire Authority Woodinville Fire & Rescue If your jurisdiction would like to become a participating agency, please contact Tami Dauenhauer at 425-276-9581 or tauenhauer@rentonrfa.org. Revised 12/5/2022 d y Packet Pg. 191 Permit 8.4 ,c FAC (Frances Anderson Center) PHONE:(425) 771-0230 Permit # R5413 700 Main Street FAX:(425) 771-0253 Status Approved Edmonds, WA 98020 EMAIL:reczoneC@edmondswa.gov Date Jun 30, 202312:58 PN _ O Organization Name Edmonds Arts Festival - 4 '0 Customer Type Organization W� Organization Address P O. Box 212 N Edmonds, WA 98020 H 06 Agent Name Diane Cutts Home Phone Number (425) 742-8237 r Email Address twocuttsC@comcast.net 3 System User Chris Brinton w N Rental Fee $5,750.00 LL Discounts $0.00 U) Subtotal $5,750.00 Q Deposits $1,000.00 N N Deposit Discounts $0.00 LL Total Permit Fee $6,750.00 C sZ y N I Total Payment $0.00 M Refunds $0.00 Balance $6,750.00 _ N E d O L Arts Fest 24 16 resource(s) 187 booking(s) Subtotal: $6,750.00 Q a� Booking Summary i j is •.. v O START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX ) Jun 6, 2024 8:00 AM Jun 6, 202410:00 PM 1 $0.00 d E Jun 7, 2024 8:30 AM Jun 7, 2024 8:30 PM 1 $0.00 N L Jun 8, 2024 9:00 AM Jun 8, 2024 2:00 PM 1 $0.00 Q _ Jun 9, 2024 9:00 AM Jun 9, 2024 9:00 PM 1 $0.00 N W Jun 10, 2024 9:00 AM Jun 10, 2024 8:30 PM 1 $0.00 Jun 11, 2024 8:30 AM Jun 11, 2024 8:30 PM 1 $0.00 y N ILL Jun 12, 2024 8:30 AM Jun 12, 2024 8:30 PM 1 $0.00 N Q Jun 13, 2024 8:30 AM Jun 13, 2024 8:30 PM 1 $0.00 U) _ Jun 14, 2024 8:30 AM Jun 14, 2024 8:30 PM 1 $0.00 O E Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM 1 $0.00 W le N Jun 15, 2024 2:00 PM Jun 15, 2024 10:00 PM 1 $0.00 C N r.+ Jun 16, 2024 9:00 AM Jun 16, 2024 9:00 PM 1 $0.00 = N E Jun 17, 2024 9:00 AM Jun 17, 2024 8:30 PM 1 $0.00 s t) r # R5413 Status Approved Packet Pg. 192 Jun 18, 2024 7:00 AM Jun 18, 2024 9:30 PM Facility Notes Regular size carpeted classroom. No food or drink allowed. Holds 20 people. No tables or chairs. START DATE/TIME Jun 6, 2024 8:00 AM Jun 7, 2024 8:30 AM Jun 8, 2024 9:00 AM Jun 9, 2024 8:00 AM Jun 10, 2024 8:30 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:00 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 8:00 AM Jun 17, 2024 8:30 AM Jun 18, 2024 8:30 AM END DATE/TIME Jun 6, 2024 9:30 PM Jun 7, 2024 8:00 PM Jun 8, 2024 2:00 PM Jun 9, 2024 9:30 PM Jun 10, 2024 9:00 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 10:00 PM Jun 16, 2024 9:30 PM Jun 17, 2024 9:30 PM Jun 18, 2024 8:30 PM 8.4.c 1 N C O ATTENDEE AMT W/O TAX E 1 $0.00 W N 1 $0.00 w N H 1 $0.00 s r 1 $0.00 �+ 3 1 $0.00 1 $0.00 w N d 1 $0.00 LL N 1 $0.00 Q 1 $0.00 N N LL 1 $0.00 C Q CO) 1 $0.00 N 1 $0.00 1 $0.00 t/1 C 1 $0.00 N E d O L START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Q C Jun 6, 2024 8:00 AM Jun 6, 2024 8:00 PM 1 $0.00 d W Jun 7, 2024 8:30 AM Jun 7, 2024 8:00 PM 1 $0.00 �C N Jun 8, 2024 9:00 AM Jun 8, 2024 2:00 PM 1 $0.00 Jun 9, 2024 8:00 AM Jun 9, 2024 9:30 PM 1 $0.00 C C d Jun 10, 2024 8:30 AM Jun 10, 2024 9:00 PM 1 $0.00 N N L Jun 11, 2024 8:30 AM Jun 11, 2024 8:30 PM 1 $0.00 Q Jun 12, 2024 8:00 AM Jun 12, 2024 8:30 PM 1 $0.00 C N W Jun 13, 2024 8:30 AM Jun 13, 2024 8:30 PM 1 $0.00 R Jun 14, 2024 8:30 AM Jun 14, 2024 8:30 PM 1 $0.00 N N LL Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM 1 $0.00 N Jun 16, 2024 8:00 AM Jun 16, 2024 9:30 PM 1 $0.00 Q N Jun 17, 2024 8:30 AM Jun 17, 2024 9:30 PM 1 $0.00 C O E Jun 18, 2024 8:30 AM Jun 18, 2024 8:30 PM 1 $0.00 W W Facility Notes o N Regular size tiled classroom with 12 tables and 30 chairs. Room has a sink, projector screen and black board. Holds 25 -30 people. Food/drink allowed. ;j START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX # R5413 Status Approved Packet Pg. 193 Jun 6, 2024 8:00 AM Jun 7, 2024 8:30 AM Jun 8, 2024 9:00 AM Jun 9, 2024 8:00 AM Jun 10, 2024 8:30 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:00 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 8:00 AM Jun 17, 2024 8:30 AM Jun 18, 2024 8:30 AM Facility Notes For Gymnastics use only START DATE/TIME Jun 6, 2024 8:00 AM Jun 7, 2024 8:30 AM Jun 8, 2024 9:00 AM Jun 9, 2024 8:00 AM Jun 10, 2024 8:30 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:00 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 8:00 AM Jun 17, 2024 8:30 AM Jun 18, 2024 8:30 AM Facility Notes For Gymnastics use only Jun 6, 2024 8:00 PM Jun 7, 2024 8:00 PM Jun 8, 2024 2:00 PM Jun 9, 2024 9:30 PM Jun 10, 2024 9:00 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 9:30 PM Jun 16, 2024 9:30 PM Jun 17, 2024 9:30 PM Jun 18, 2024 8:30 PM END DATE/TIME Jun 6, 2024 8:00 PM Jun 7, 2024 8:00 PM Jun 8, 2024 2:00 PM Jun 9, 2024 9:30 PM Jun 10, 2024 9:00 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 9:30 PM Jun 16, 2024 9:30 PM Jun 17, 2024 9:30 PM Jun 18, 2024 8:30 PM 1 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 8.4.c $0.00 $0.00 N $0.00 cc E $0.00 w W N $0.00 �0) H $0.00 orj s r $0.00 $0.00 $0.00 > w N $0.00 iy N $0.00 a $0.00 LL $0.00 = •L Q AMT W/O TAX C $0.00 E d $0.00 $0.00 = d $0.00 W 5 $0.00 0 Q $0.00 $0.00 d E $0.00 N L $0.00 Q C $0.00 >> IJ.I $0.00 > $0.00 w N Li $0.00 N Q $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 6, 2024 8:00 AM Jun 6, 2024 8:00 PM 1 $0.00 Jun 7, 2024 8:30 AM Jun 7, 2024 8:00 PM 1 $0.00 # R5413 Status Approved Packet Pg. 194 Jun 8, 2024 9:00 AM Jun 9, 2024 8:00 AM Jun 10, 2024 8:30 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:00 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 8:00 AM Jun 17, 2024 8:30 AM Jun 18, 2024 8:30 AM Facility Notes Not available to public START DATE/TIME Jun 6, 2024 8:00 AM Jun 7, 2024 8:30 AM Jun 8, 2024 9:00 AM Jun 9, 2024 8:00 AM Jun 10, 2024 8:30 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:00 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 8:00 AM Jun 17, 2024 8:30 AM Jun 18, 2024 8:30 AM Facility Notes For Gymnastics use only Jun 8, 2024 2:00 PM Jun 9, 2024 9:30 PM Jun 10, 2024 9:00 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 4:00 PM Jun 16, 2024 9:30 PM Jun 17, 2024 9:30 PM Jun 18, 2024 8:30 PM END DATE/TIME Jun 6, 2024 8:00 PM Jun 7, 2024 8:00 PM Jun 8, 2024 2:00 PM Jun 9, 2024 9:30 PM Jun 10, 2024 9:00 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 9:30 PM Jun 16, 2024 9:30 PM Jun 17, 2024 9:30 PM Jun 18, 2024 8:30 PM 1 1 1 1 1 1 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 8.4.c $0.00 $0.00 N $0.00 cc E $0.00 w W N $0.00 �0) H $0.00 s r $0.00 $0.00 $0.00 > $0.00 w N Iy $0.00 to a N IL s� C Q CO AMT W/O TAX N $0.00 $0.00 t/1 C $0.00 E d $0.00 s� Q $0.00 = d $0.00 W 5 $0.00 0 Q $0.00 $0.00 d E $0.00 N L $0.00 Q C $0.00 >> IJ.I $0.00 > $0.00 w to N START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 6, 2024 8:00 AM Jun 6, 2024 8:00 PM 1 $0.00 Jun 7, 2024 8:30 AM Jun 7, 2024 8:00 PM 1 $0.00 Jun 8, 2024 9:00 AM Jun 8, 2024 2:00 PM 1 $0.00 Jun 9, 2024 8:00 AM Jun 9, 2024 9:30 PM 1 $0.00 # R5413 Status Approved Packet Pg. 195 Jun 10, 2024 8:30 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:00 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 8:00 AM Jun 17, 2024 8:30 AM Jun 18, 2024 8:30 AM Facility Notes For Gymnastics use only START DATE/TIME Jun 6, 2024 8:30 AM Jun 7, 2024 8:30 AM Jun 8, 2024 9:00 AM Jun 9, 2024 9:00 AM Jun 10, 2024 9:00 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:30 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 9:00 AM Jun 17, 2024 9:00 AM START DATE/TIME Jun 6, 2024 8:30 AM Jun 7, 2024 8:30 AM Jun 8, 2024 9:00 AM Jun 9, 2024 9:00 AM Jun 10, 2024 9:00 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:30 AM Jun 13, 2024 8:30 AM Jun 10, 2024 9:00 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 9:30 PM Jun 16, 2024 9:30 PM Jun 17, 2024 9:30 PM Jun 18, 2024 8:30 PM END DATE/TIME Jun 6, 2024 8:00 PM Jun 7, 2024 8:30 PM Jun 8, 2024 2:00 PM Jun 9, 2024 9:00 PM Jun 10, 2024 8:30 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 10:00 PM Jun 16, 2024 9:00 PM Jun 17, 2024 8:30 PM END DATE/TIME Jun 6, 2024 8:00 PM Jun 7, 2024 8:30 PM Jun 8, 2024 2:00 PM Jun 9, 2024 9:00 PM Jun 10, 2024 8:30 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM 1 1 1 1 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 1 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 1 1 8.4.c $0.00 $0.00 N $0.00 cc E $0.00 w W N $0.00 �0) H $0.00 s r $0.00 $0.00 $0.00 > w N d u_ rn a - AMT W/O TAX LL $0.00 C i Q CO $0.00 N $0.00 $0.00 C $0.00 d $0.00 Q $0.00 = d $0.00 W 5 $0.00 0 Q $0.00 $0.00 d E $0.00 N L $0.00 Q AMT W/O TAX $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 # R5413 Status Approved Packet Pg. 196 Jun 14, 2024 8:30 AM Jun 14, 2024 8:30 PM 1 Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM 1 Jun 16, 2024 9:00 AM Jun 16, 2024 9:00 PM 1 Jun 17, 2024 9:00 AM Jun 17, 2024 8:30 PM 1 START DATE/TIME END DATE/TIME ATTENDEE Jun 6, 2024 9:00 AM Jun 6, 2024 8:00 PM 1 Jun 7, 2024 8:30 AM Jun 7, 2024 8:00 PM 1 Jun 8, 2024 9:00 AM Jun 8, 2024 2:00 PM 1 Jun 9, 2024 8:00 AM Jun 9, 2024 9:30 PM 1 Jun 10, 2024 8:30 AM Jun 10, 2024 9:00 PM 1 Jun 11, 2024 8:30 AM Jun 11, 2024 8:30 PM 1 Jun 12, 2024 8:30 AM Jun 12, 2024 8:30 PM 1 Jun 13, 2024 8:30 AM Jun 13, 2024 8:30 PM 1 Jun 14, 2024 8:30 AM Jun 14, 2024 8:30 PM 1 Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM 1 Jun 16, 2024 8:00 AM Jun 16, 2024 9:30 PM 1 Jun 17, 2024 8:30 AM Jun 17, 2024 9:30 PM 1 Jun 18, 2024 8:30 AM Jun 18, 2024 8:30 PM 1 Facility Notes Regular size classroom with laminate floor. No tables, chairs, shoes, food or drink allowed. Holds 20 people. Permission required to rent. Edmonds Plaza Room - Banquet Room (Meeting) START DATE/TIME Center: Edmonds Plaza Room END DATE/TIME ATTENDEE Jun 11, 2024 8:00 AM Jun 11, 2024 8:00 PM 1 Jun 12, 2024 8:30 AM Jun 12, 2024 8:30 PM 1 Jun 13, 2024 8:30 AM Jun 13, 2024 8:30 PM 1 Jun 14, 2024 9:30 AM Jun 14, 2024 10:00 PM 1 Jun 15, 2024 9:30 AM Jun 15, 202410:00 PM 1 Jun 16, 2024 9:30 AM Jun 16, 2024 10:00 PM 1 Jun 17, 2024 8:30 AM Jun 17, 2024 8:30 PM 1 8.4.c $0.00 $0.00 N $0.00 cc W W AMT W/O TAX w N cc $0.00 1 $0.00 r $0.00 2' 3 $0.00 $0.00 d ILL $0.00 U) a $0.00 N N $0.00 L C $0.00 Q CO) AMT W/O TAX M N $0.00 $0.00 = d $0.00 N L $0.00 Q $0.00 = N $0.00 W� $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 11, 2024 9:00 AM Jun 11, 2024 8:00 PM 1 $0.00 Jun 12, 2024 8:30 AM Jun 12, 2024 8:30 PM 1 $0.00 Jun 13, 2024 8:30 AM Jun 13, 2024 8:30 PM 1 $0.00 Jun 14, 2024 9:30 AM Jun 14, 2024 10:00 PM 1 $0.00 Jun 15, 2024 9:30 AM Jun 15, 202410:00 PM 1 $0.00 Jun 16, 2024 9:30 AM Jun 16, 2024 10:00 PM 1 $0.00 # R5413 Status Approved Packet Pg. 197 Jun 17, 2024 8:30 AM Resource level fees Jun 17, 2024 8:30 PM 8.4.c 1 $6,750.00 START DATE/TIME Jun 12, 2024 8:30 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 9:00 AM Jun 17, 2024 9:00 AM Jun 18, 2024 8:00 AM START DATE/TIME Jun 12, 2024 8:30 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 9:00 AM Jun 17, 2024 9:00 AM Jun 18, 2024 8:00 AM START DATE/TIME Jun 12, 2024 8:30 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 9:00 AM Jun 17, 2024 9:00 AM Jun 18, 2024 8:00 AM Custom Questions QUESTION Do you plan on serving alcohol at your event? Notes: END DATE/TIME Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 202410:00 PM Jun 16, 2024 9:00 PM Jun 17, 2024 8:30 PM Jun 18, 202410:00 PM END DATE/TIME Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 10:00 PM Jun 16, 2024 9:00 PM Jun 17, 2024 8:30 PM Jun 18, 202410:00 PM END DATE/TIME Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 202410:00 PM Jun 16, 2024 9:00 PM Jun 17, 2024 8:30 PM Jun 18, 202410:00 PM ANSWER No Leave early ATTENDEE 1 1 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 1 1 AMT W/O TAX = O $0.00 E W $0.00 w N cc $0.00 H $0.00 r $0.00 % 3 $0.00 $0.00 d U- $0.00 U) - a AMT W/O TAX Li $0.00 = L Q $0.00 U) N $0.00 cc $0.00 t/1 $0.00 4) E d $0.00 d $0.00 Q C d $0.00 W v AMT W/O TAX Q $0.00 C d $0.00 E N N $0.00 Q $0.00 C N $0.00 W cC $0.00 N N $0.00 LL N $0.00 Q # R5413 Status Approved Packet Pg. 198 Deposit EVENT Arts Fest 24 RESOURCE EPR Patio Payment Schedules DUE DATE May 13, 2024 Date: DEPOSIT FEE CHARGE Damage $1,000.00 Deposit AMOUNTDUE $6,750.00 FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone@edmondswa.gov 8.4.c TAX AMOUNT PAID REFUNDS BALANCE $0.00 $0.00 $0.00 $1,000.00 w C O E W Original Balance: $6,750.00 Current Balance: $6,750.00 w; N H AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE s $0.00 $0.00 $6,750.00 3 X: w N d LL rn a Date: +r rn d LL Edmonds Arts Festival C Customer Type: Organization Q Customer ID: 88 N Mailing Address: P 0. Box 212, Edmonds, WA 98020 Authorized Agent Name: Diane Cutts Home Phone Number: (425) 742-8237 Email Address: twocutts@comcast.net N E d O L Q rt+ C > w Q co # R5413 Status Approved Packet Pg. 199 8.4.d EVENT AGREEMENT THE CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE Event Date — July 4, 2024 THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as "City"), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as "Chamber") (collectively, the "Parties"). WHEREAS, the Chamber has for many years sponsored a public celebration honoring Independence Day — 4th of July through a parade and 5K race; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for enjoyment by its citizens; and WHEREAS, the City Council finds that it is in the public interest to participate in the sponsorship of such events by providing the consideration set forth in this Agreement in order to enhance the safety of the public celebrations for its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City 1.1 The City will provide the following spaces to be used by the Chamber: Use of City streets as diagrammed in Exhibit A - Parade Site Plan, for parade to occur on July 4, 2024. City will provide traffic barriers as identified in Exhibits A & B. The Edmonds Police and Public Works Departments will determine whether any changes to the Parade Site Plan map will be needed and will communicate any such changes to the Chamber no later than May 1, 2024. Use of Hazel Miller Plaza for small stage, amplified sound, and parade announcements throughout parade on July 4, 2024. Use of City Park Parking lot, parking spaces on 3rd Avenue and sidewalks as diagrammed in Exhibit C — Race Route, and Exhibit D — No Parking Map, for the 5K race. The Edmonds Police and Public Works Departments will determine whether any changes to the Race Route or No Parking maps will be needed and will communicate any such changes to the Chamber no later than May 1, 2024. The City will provide a flatbed truck provided by the Parks Maintenance Division to be used as an elevated platform for parade announcements and amplified sound. Vehicle to be delivered and parked by City Staff, Chamber staff will not operate the vehicle. Packet Pg. 200 8.4.d 1.2 The City will waive fees for the Parade Permit. 1.3 The City will install 4th of July Celebration banners as provided by the Chamber of Commerce at approved sites. Chamber of Commerce will obtain a Street Banner Permit and pay the required fee through the Public Works Department. 1.4 The City will authorize a maximum of six (6) stationary self-contained vendors on closed sections of 5th or Main Streets off the parade route. No vendors will be authorized along the parade route. Vendors will operate at specified locations and will not block entrances or fire hydrants. Vendors must be self-contained; no power hookups are available for vendors. Vendors are responsible for having appropriate permits and for compliance with all local and state requirements. 2. Responsibilities of the Chamber. 2.1 The Chamber will assume all responsibility for coordination of the 4th of July Parade, including but not limited to hiring off -duty police officers to police the route and assuring that all participants are informed of and abide by the parade rules to ensure that no participants draw people viewing the parade onto the parade route. 2.2 The Chamber will assume all responsibility for coordination of the 5K race, including but not limited to ensuring that the flow of traffic is not disrupted on City Streets and that volunteers are stationed at street crossings to ensure runner safety. 2.3 The Chamber shall notify Community Transit of activities that may impact transportation services in Edmonds. 2.4 The Chamber will utilize the barricades and detour signs provided by the City and position them at their assigned locations at 6:00 am, July 4, 2024. 2.5 The Chamber will not illegally discriminate in the provision of either event or in their entrance requirements against any person or organization in violation of state or federal statute or local ordinance. 2.6 The Chamber agrees that the 4th of July celebration is a public event. The Chamber further agrees that areas constituting the City -Provided sites that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber will permit citizens attending events open to the general public at the City -Provided sites during the 4th of July celebration to exercise therein their protected constitutional right to free speech without interference on City Property. 2.7 Permits: The Chamber will be responsible for obtaining all required city and state permits. The Chamber will submit all required application(s) for the Parade Permit provided for by this Agreement. Packet Pg. 201 8.4.d 2.8 The Chamber will obtain The American Society of Composers, Authors and Publishers (ASCAP) and any other copyright licenses necessary. 2.9 The Chamber will provide sufficient portable sani-cans and wash stations along the parade route. 2.10 The Chamber will provide for security along the parade and race routes. 2.11 The Chamber will provide signs one (1) week prior to the event to indicate that chairs cannot be placed early. Signs must be laminated, no exceptions. 2.12 The Chamber will provide laminated "no parking" signs to Public Works one (1) month prior to the event. 2.13 The Chamber agrees to consult with the City Electrician and Parks Maintenance Manager before installing any electrical service or stakes in the ground. The City Electrician will have final say in all electrical matters. No ground penetrations are allowed unless authorized first by the City electrician and City Parks Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Chamber. It is not allowed to fasten anything to the buildings, structures or trees; doing so may result in damage cost recovery and /or fine. City staff will coordinate any utility locates. 2.14 The Chamber will comply with all applicable South County Fire guidelines, including the "Outdoor Assembly Events" and "Regional Fire Marshals Food Truck Inspection Checklist" set forth in Exhibit E, attached hereto and incorporated herein by this reference. 2.15 To comply with Chapter 6.80 of the Edmonds City Code (ECC) ("Plastic Bag Reduction"), which restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.16 To comply with RCW 70.93.093, concerning event recycling. The Chamber will place clearly marked recycling containers throughout the event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Chamber will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.14, below). 2.17 To comply with Chapters 6.90 ("Noncompostable Food Service Containers Prohibition") and 6.95 ECC ("Single -Use Plastic Utensils — Prohibition"), which prohibit the use of non-compostable food service containers and single -use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City. The Chamber will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Packet Pg. 202 8.4.d Chapters 6.90 and 6.95 ECC, to event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. The Chamber will provide for the on -site collection of compostable and recyclable materials from event participants, using designated color -coded collection containers. The Chamber will ensure that on -site collection containers are serviced properly and continually during each event. A Chamber representative will meet with the City's Recycling Coordinator or representative prior to June 6, 2024, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage. 2.18 To comply with Chapter 70.160 RCW (hereinafter the "smoking ban") pursuant to which smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.19 Clean -Up: The Chamber will be responsible for clean-up of the parade and race routes to include staging areas as follows: 2.19.1 To restore all public spaces to their original condition, including removing and disposing of any and all litter and trash to the size of a cigarette butt, including metal and litter debris, equipment, and any and all other items made necessary by or used in the provision of this event. 2.19.2 Pick up all trash and remove all items and equipment related to the 4th of July Parade and 5K race by 5:00 pm on July 4, 2024. 2.19.3 To return all event barricades, if applicable, to original locations at the end of the parade, exact locations to be determined by the Streets Department. 2.20 Insurance: The Chamber will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products - completed operations and contractual liability. The City of Edmonds will be named as an additional insured on the Chamber's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. Packet Pg. 203 8.4.d The insurance policy will contain, or be endorsed to contain, that the Chamber's insurance coverage will be primary insurance as respect the City of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the City of Edmonds will be excess of the Chamber's insurance and will not contribute with it. The Chamber will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than ANII. 2.21 Indemnification: The Chamber shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Chamber and the City, its officers, officials, employees, and volunteers, the Chamber's liability hereunder shall be only to the extent of the Chamber's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Chamber's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 3. Miscellaneous. 3.1 Entire agreement, integration, amendment, waiver, applicable law and venue. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to pandemic -related restrictions, fire, flood, strike or other labor 5 Packet Pg. 204 8.4.d difficulty, act of nature, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber will be deemed to be the same of the City for any purpose. The Chamber alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Chamber in the performance of this Agreement will comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. The Chamber will consult this information regularly during the course of the events to ensure that the latest guidelines and requirements are promptly implemented. 3.5 Termination. If the Chamber breaches any of its obligations under this Agreement and fails to cure the same within a reasonable time after receiving written notice to do so from the City, the City may terminate this Agreement. DATED this day of 52024. CITY OF EDMONDS: GREATER EDMONDS CHAMBER Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk OF COMMERCE: Ryan Crowther, President and CEO APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 205 8.4.d Exhibit A Parade Site Plan 4th of July o edmonds Parades CaspersSt LOCAL Y�x CHAMBER OF COMMERCE r �C Q ACCESS D i X x Street Closures 6, ONLY �`a Gdrur Ln z Vista PI Gam - 4pm `' Sater Ln Public Restrooms Main Parade Aloha St ♦ a� � Registration CafCi �/ay Staging Area } Route ,�.c4l a� Glen St X v Children's Parade ' z ♦ Registration ODaley St x� Daley St ,*ale Staging Area Route)"'° °' P1,1gue St z prague St D X 0 a' jr Z aP,ay� r E tic �¢ a p �i Mdi F ✓ones �` D K �� St Main St 4I4 St U- Parking (Library) 4UX xxx + rton St Dayton St ++ ayton St X Dayton St CL N a = X� � 03 D D x, CL N aple St Maple St X_11 N X a) Alder St x Ider St Alder St X x eck Ln X Walnut St X ++ Walnut St W X n + D Shelleberger A Holly Dr Creek ti Howell Way xX Spruce St 5 HomelandOt Go gle My Maps CD A n 'n N Hemlock St 7 Packet Pg. 206 8.4.d Exhibit B City / Streets Closures Map W U? 22 Ks � -1171 r 0 0.0350.07 0.14 0.21 0.28 = Miles Q 8 Packet Pg. 207 8.4.d Exhibit C Race Route Marina ach Park ,Rea Rwakel 1t f.AV INNEENOW— �. rho 8Q6 *Aaa&I Sella Coda Rd Edmonds, WA 98020 1 u Avenue South O• on on •n •n •n w 'a• �< • It `Aa •n 11 min � 0 6 miles • Beat Brackett 5K Baby Brackett 1 K 1 hr 3 min • 3 1 miles ' • •0 • �0 • ••• . • eW 22400-22798 O Woodwa Dogwood Lane • y i • • 0••00001�, C • _ , N • k • •••• • • • a • • • • DW Creek Woodway, WA 98020 �• • • • • Sherwood Elementary School Deer Creek Park IV 9 Packet Pg. 208 8.4.d Exhibit D No Parking Map for Race Start/Finish ti C: aV l.i in Q Edmonds F Creek Ace Hard;. edmonds QBeat Brackett 5k / 1k Miniatures 8 More Street Closures Barkada Edmonds Edmond* City Park v+ S D Har Homes NW Q N Erben or No Parking 6am - 11am (both sides of street) Chamber HQ Pore St K s s N Rich R Loan Officer �3 NMLS 0146, home Gerlach Construction, Inc Q 19 For PI 3r D 19 L. oPV Shamrock Plaza Condo N 7 D <r` Q, N Elm St a 10 Packet Pg. 209 Exhibit E 8.4.d REQUIREMENTS FOR Outdoor Assembly Events REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Packet Pg. 210 LH ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 8.4.d SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 211 8.4.d Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist This document is a regional fire inspection checklist for mobile food preparation vehicles with the intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find a list of the jurisdictions that are participating in this program. This program does not omit local jurisdiction requirements and their permitting processes. All mobile food preparation vehicle operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: Contact Person: Phone Number: L&I Number (VEN): Date Inspected: Inspector Signature: Email: License Plate#: Fire Agency: Summary of Inspection - Regional ❑ Approved — No Violations ❑ Approved to operate — violations noted below must be corrected ❑ Not approved to operate Regional Inspection Checklist Documentation 1. Washington State L&I Approval Sticker Cooking System Type-1 Hood (If produces grease laden vapors) 1. Cooking suppression system is UL300 listed, serviced, and cleaned. • Date of last service: (Semiannually) • Date of last cleaning: 2. Manual Pull Station accessible and unobstructed. PASS FAIL N/A ❑ ❑ ❑ PASS FAIL N/A ❑ ❑ ❑ ❑ ❑ ❑ Packet Pg. 212 8.4.d Cooking Oil Storage PASS FAIL N/ 1. Aggregate volume less than 120 gallons. ❑ ❑ ❑ 2. Storage tanks stored in such a way as to not be toppled or ❑ ❑ ❑ damaged during transport. N LP -Gas Systems PASS FAIL N/A C 0 1. LP tanks located on the outside of the vehicle or in a vapor ❑ El Elw tight cabinet vented to the outside. N 2. LP tanks located on back of vehicle are provided with ❑ ❑ ❑ adequate impact protection provided. 3. Maximum LP tank size less than 200 pounds. (4.23 lb = 1 gal) ❑ ❑ ❑ • Number of tanks: 21 • Size of tanks: • Date last inspected: >— (Annually) a� U_ • Date of last hydro: 4. LP tanks securely mounted and piping protected. ❑ ❑ ❑ a 5. LP gas alarm installed, operational and tested. ❑ ❑ ❑ a • Last test date: a' c 6. LP shut off valves installed and accessible. ❑ ❑ ❑ a 7. LP tanks used or stored outside of the vehicle shall be ❑ ❑ ❑ Cn secured with a non-combustible strap or chain in an a� L upright position and protected from impact. y w CNG Systems PASS FAIL N/A 1. All CNG containers are NGV-2 cylinders with a maximum ❑ ❑ ❑ size less than 1300 pounds. (1 W = 8 lbs) L Q • Number of tanks: • Size of tanks: a� > w • Tank expiration date(s): • Date last inspected: a (Every 3 years) • Date of last hydro: 2. Tanks securely mounted and piping protected. ❑ ❑ ❑ E 3. Methane gas alarm installed, operational and tested. ❑ ❑ ❑ a, • Last tested date: a a� Portable Fire Extinguishers PASS FAIL N/A v 1. Class K Extinguisher installed along egress path (if using ❑ ❑ ❑ 2% deep fat fryer or solid fuels). • Date last Serviced o (Annually) N 2. Fire protection system use placard installed near Class K ❑ ❑ ❑ E Extinguisher. 2 Packet Pg. 213 8.4.d 3. 2A:10B:C portable extinguisher shall be provided along ❑ ❑ egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. • Date last serviced (Annually) c 0 Electrical PASS FAIL N/A w 1. Extension cords protected from damage. ❑ ❑ ❑ a; 2. No open electrical junction boxes or wiring. ❑ ❑ ❑Ca I Generators PASS FAIL N/A 1. Generators located a minimum of 10 feet from ❑ ❑ ❑ 21 combustibles. 2. Refueling of internal combustion engines shall not be ❑ ❑ ❑ CU allowed during cooking operations and only when the electric generators and internal combustion power sources N are not in use. Q Keeo Reauired Documentation in Your Food Truck Please ensure you keep a copy of the following documents in your truck. You may be asked to produce these at any time by a fire department inspector. • Your fire inspection report (this form or other documentation provided to you by the fire agency that completed your inspection). • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire suppression system and extinguishers, completed by the contractor you use. • A copy of any permit(s) issued by a local fire department for your food truck. 3 Packet Pg. 214 8.4.d Additional Checklist Information and Guidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. 2018 International Fire Code Sections: 105 — Permits 319 — Mobile food preparation vehicles 607 — Commercial kitchen hoods 608 — Commercial kitchen cooking oil storage 904.12 — Commercial cooking systems 906 — Portable extinguishers National Fire Protection Association Standards 17A — Wet chemical extinguishing systems 58 — Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type-1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 0 Packet Pg. 215 8.4.d • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. • Manual Actuator is installed between 48 to 42 inches above the floor. • System Annunciation indicator (audible or visual) is provided to show that the system has been activated. • Exhaust, including hood, grease -removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High -volume cooking operations such as 24-hour cooking, charbroiling or wok 3 months cooking. Low -volume cooking operations such as places of religious worship, seasonal 12 months businesses and senior centers. Cooking operations utilizing solid fuel -burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep -fat fryers — installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum fl- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances — To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning — Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char -broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP -Gas Systems (IFC 319.8/IFC 61) System location — LP -Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers — LP -gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. Packet Pg. 216 8.4.d Protection of system piping — LP -gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro — All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking for a manufacturer's 4-digit month/year stamped on the collar. Cylinders that have previously been recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 02X07E or 07ABC07E. Inspected for damage — Damage can threaten the integrity of the tanks. LP -gas alarm — A listed LP -gas alarm shall be installed within the vehicle in the vicinity of LP -gas system components, in accordance with the manufacturer's instructions. Shutoff valves — There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP -Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter -turn manual gas ball valve installed within the LP -Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage — Damage or exposure to certain chemicals can threaten the integrity of CNG tanks Protection of system piping — CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms — A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions. Diamond -shaped label - CNG vehicles shall be identified with a permanent, diamond -shaped label complying with the following: • Minimum of 4.72 in. long x 3.27 in. high • Marking in the label shall consist of a border and the letters "CNG" 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) N. Packet Pg. 217 Train Your Food Truck Staff on These Fire Safety Basics: 8.4.d • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful — Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. 00o iRUCX • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture -resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food -preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 7 Packet Pg. 218 ATTENTION. 8.4.d Are you aware that your compressed gas cylinders must be inspected? Cylinders are required to be requalified, or replaced every 5.12 years depending on the cylinder type, condition, and previous requafficatien method (Ref. 49 CFR §§ 180.205(d) and 180-209). The orxWal manufacturenest date and any requalification+'retest dates must be presented in a speafic manner. Cylinders that are overdue for requahfication must not be refilled, If propane tanks are manufactured to ASTM Standards and built into the truck's body making it difficult to remove, then these tanks are exempt from the DOT reinspection requirements. For more information, contact the Haznlat Info -Center 1-800-467-4922. RIN number identifying retester/requalif ier 7;214 Month last Year last requalified requalified Requalification Date 0505 Volumetric Test. Basic Marking. Must be requalified within \1 % J t 12 years of stamped date (Must be F requalified by 7/2026 in this example) Original Manufacture/ Test Date If no requalification �,. Proof Pressure Test. markings are found. the cylinder must be "IS" ndcates cylinder must he requalified 7 date be requasfred within 12 az 14S within years of stamped (Must years of the original requallfred by 712021 in this example{ marwfacture date. (Must be requalified by 5/2017 in this example) 1 External Visual Test. �(A', 4 'E" indicates cyfinder must be requalified within 5 years of stamped date (Must be ti requalfied by 712019 in this example) ® it cylinder is out of test find an approved requalffier to requality u S Dapartmonr your cylinder. A list of DOT approved requallfiers Is available of Transpwranon from the PHMSA website: ftellne and httpsv/ponal. phrnsa.dot,govr'rinlocator Harordous Materials Safety Administration R1 Packet Pg. 219 8.4.d Participating Fire Agencies This list will be revised based on changes and posted to the King County Fire Chiefs webpage located at: DOCUMENTS I KC Fire Chiefs (kingcountyfirechiefs.org) Bellevue Fire Bothell Fire Eastside Fire Enumclaw Fire Everett Fire KCFD #2 / Burien Fire King County Fire Marshal's Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Shoreline Fire Snohomish County Fire Marshal's Office / Unincorporated Snohomish County Snohomish Regional Fire and Rescue South King Fire Tukwila Fire Valley Regional Fire Authority Woodinville Fire & Rescue If your jurisdiction would like to become a participating agency, please contact Tami Dauenhauer at 425-276-9581 or tauenhauer@rentonrfa.org. Revised 12/5/2022 a Packet Pg. 220 8.4.d I CERTIFICATE OF LIABILITY INSURANCE I DATE( O1/16/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE; BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Carol DuClOs Scott M. Campbell PHONE THM 600 Main Street, Ste. A INC, No Ext: (425) 775-6446 A/C No: (425) 640-922° E-MAIL Edmonds WA 98020 ADDRESS: info@insuranceservicesgroup.com INSURER A: Western National Mutual Insuranc INSURED INSURER B : Greater Edmonds Chamber of Commerce INSURER C : 121 5th Ave N INSURERD: Edmonds WA 98020 INSURERE: (425) 670-1496 INSURERF: COVERAGES CD CERTIFICATE NUMBER: Cert ID 10470 (10) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILT R LTR TYPE OF INSURANCE ADDL INSD SPOLICY VDY POLICY NUMBER MMDD YYY POLICY Y MMDD YYY LIMITS A X _ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C CLAIMS-MADE � OCCUR CPP129583101 09/01/2023 09/01/2024 DA AGE TO PREMSES E.occurence $ 100,00C _7RENTE MED EXP (Any one person) $ Excludec PERSONAL & ADV INJURY $ 1,000,00C GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00C X POLICY PRO JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,00C $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00C BODILY INJURY (Per person) $ * ANY AUTO CPP129583101 09/01/2023 09/01/2024 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTYDAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY A X UMBRELLA LIAB OCCUR UMB104981201 09/01/2023 09/01/2024 EACH OCCURRENCE $ 2,000,00C AGGREGATE $ 2,000,00C EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ 10,00C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE I I ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below $ E.L. DISEASE - POLICY LIMIT A Liquor Liability CPP129583101 09/01/2023 09/01/2024 $ 1,000,00C $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: An Edmonds Kind of 4th, July 4, 2024. 5:00 a.m. - 10:00 p.m City of Edmonds is Additional Insured if required by written contract per form CG MU 1078 12 20. C 0) E d Q L Q C d W N CD CERTIFICATE HOLDER CANCELLATION N r C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI 4' THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II E City of Edmonds ACCORDANCE WITH THE POLICY PROVISIONS. N 121 5th Ave N AUTHORIZED REPRESENTATIVE Q Edmonds WA 98020 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 221 Page - of - 8.4.d COMMERCIAL GENERAL LIABILITY CG MU 1078 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SPECIALTY SOLUTIONS ENHANCEMENT This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG 00 01) SUMMARY OF COVERAGES Description Limit Of Insurance Abduction Additional Insured — Broad Form Vendors Additional Insured — Lessor Of Leased Equipment Additional Insured — Managers Or Lessors Of Premises Additional Insured — State Or Political Subdivisions — Permits Additional Insureds By Written Contract Broad Form Property Damage Broad Knowledge/Notice Of Occurrence Damage To Premises Rented To You Designated Location(s) — General Aggregate Limit Employee Bodily Injury To A Co -Employee Insured Contract Amended Medical And Dental Payments Mobile Equipment Non -Owned Watercraft Occupational License Review Expense Property Damage Liability — Borrowed Equipment Property Damage Liability — Elevator And Sidetrack Agreement Supplementary Payments Increased Limits Bail Bonds Loss Of Earnings Per Day Unintentional Failure To Disclose Hazards Waiver Of Transfer Of Rights Of Recovery Against Others To Us $50,000 per Abduction/$50,000 Aggregate/$1,000 deductible Included Included Included Included Included $25,000 Per Occurrence Included $300,000 Any One Premises Included Included Included $10,000 Medical Expense Limit Included 51 Feet $2,500 Per Review/$5,000 Aggregate $25,000 Occurrence/$50,000 Aggregate Included $2,500 $1,000 Included Included CG MU 1078 12 20 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 222 8.4.d The terms and conditions of this policy are amended as indicated below: I. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Exclusion 2.g.(2) is revised as follows: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft. This provision does not apply if the insured has any other insurance for "bodily injury" or "property damage" liability that would also be covered under this provision, whether the other insurance is primary, excess, contin- gent or on any other basis. In that case, this provision does not provide any insurance. II. Damage To Premises Rented To You Under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, the last paragraph of 2. is deleted and replaced with the following: Exclusions c. through In. do not apply to "Property Damage" to the premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insur- ance applies to this coverage which is the greater of: 1. The Damage To Premises Rented To You Limit for Each Occurrence shown in the Declarations; or 2. $300,000 Under Section III — LIMITS OF INSURANCE, paragraph 6. does not apply. III. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A & B, are revised as follows 1. In paragraph 2., the limit of $250 for bail bonds is increased to $2,500. 2. In paragraph 4., the limit of $250 for daily loss of earnings is increased to $1,000. IV. Medical And Dental Payments Under SECTION I — COVERAGES, COVERAGE C. MEDICAL PAYMENTS, if COVERAGE C. MEDICAL PAYMENTS, is not otherwise excluded from this Coverage Part: 1. The Medical Payments Limit is changed to the greater of: a. $10,000; or b. The Medical Expenses Limit shown in the Declarations of this Coverage Part. 2. The provision, in C.1.a.(2) that the expenses must be incurred and reported to us within one year of the date of the accident, is increased to three years. V. Broad Form Property Damage Under SECTION I — COVERAGE A, Exclusion 2J. is amended as follows: 1. Paragraph (3) does not apply. 2. Paragraphs (4) and (6) do not apply to customer's property at your described premises. We do not cover any property: 1. Subject to motor vehicle registration; or 2. While being used to perform construction operations. Our limit for any one "occurrence" under this coverage provision is $25,000. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. CG MU 1078 12 20 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 223 8.4.d VI. Occupational License Review Expense The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the per review and annual aggregate limits of insurance stated in this endorsement, we agree to pay the "insured" for reasonable and necessary covered expenses, as listed below, incurred and paid by the "insured" as a direct result of a "occupational license review", conducted by a governmental bureau, board, commission or department, occurring during the policy period and in the "coverage territory". a. Covered Expenses include: (1) Fees and expenses of any licensed independent investigative services or legal counsel, hired by the "insured" for the purpose of assisting or representing the "insured" at the "occupational license review"; and (2) Costs of travel, accommodations, and meals incurred by the "insured" in order to appear before the governmental bureau, board, commission or department. b. Exclusions This coverage will not pay for: (1) Hearing fees; or (2) Fines, judgments, lawsuits, or settlement amounts as the result of or in conjunction with the "occu- pational license review"; or (3) Expense(s) directly or indirectly caused or resulting from the fraudulent, dishonest, or criminal acts of the "insured", any director or officer of the "insured", or agents thereof, whether acting alone or in collusion with others; or (4) Lost salary or wages claimed by or for any "insured" while preparing for or attending the "occupa- tional license review". 2. For the purposes of the coverage provided by this provision, SECTION III — LIMITS OF INSURANCE is amended as follows: With respect to this endorsement only, the following apply: a. The per review limit of insurance shown in this endorsement is the most we will pay per review, regard- less of the number of "insureds" reviewed or subject to the "occupational license review". b. The annual aggregate limit of insurance shown in this endorsement is the most we will pay for all cov- ered expenses for each policy period. c. In the event that the "occupational license review" continues over more than one policy period, the expenses shall be limited to the annual aggregate applicable to the policy period when the license review began. d. In no event will any expense claimed for an "occupational license review" be recoverable as expense for another `occupational license review". e. The limits of insurance stated in this endorsement are not part of and are in addition to, the Liability Limits of Insurance shown in the Declarations for this policy. 3. For the purposes of the coverage provided by this provision, the following are added under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: a. In the event of a "occupational license review" during the policy period, the "insured" will: (1) Make every reasonable effort to give us immediate written notice and timely updates concurrent with activity regarding the "occupational license review"; (2) Provide us with the official report of the "occupational license review"; and (3) Provide us with documentation, including receipts, for expenses claimed under this coverage. b. The insurance under this endorsement will be excess over any other valid insurance or bond. CG MU 1078 12 20 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 224 8.4.d 4. For the purposes of the coverage provided by this provision, the following are added under SECTION V — DEFINITIONS: a. "Insured" as used in this endorsement means an employee of the Named Insured shown in the Decla- rations, but does not include leased or temporary workers or volunteers. "Insured" does not include the Named Insured, unless the Named Insured is an individual person operating as a sole proprietorship, or any other business, whether corporation, partnership, limited liability company or other organization. "Insured" only includes natural persons. b. "Occupational license review" means a formal or informal proceeding conducted by a governmental bureau, board, commission or department charged with regulating the "insured's" occupational license and involving the review, modification, denial, suspension, or nonrenewal of the "insured's" occupa- tional license or involving disciplinary action against the "insured", including proceedings to impose a forfeiture or penalty; but "occupational license review" does not include a proceeding concerning any criminal or civil charge brought against the "insured". VII. Abduction The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the limits, aggregate and deductible as stated in this endorsement, we agree to pay the insured for reasonable and necessary Covered Expenses, as listed below, incurred and paid by the insured or "Guardian(s)" as a direct result of an "abduction" occurring during the policy period and in the "coverage Territory", provided that such "abduction" is otherwise the subject of this endorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the following unless otherwise stated: a. Up to fourteen (14) days after the recovery of the "Covered Individual(s)"; or b. Discovery of the death of the "Covered Individual(s)"; or c. Twelve (12) months after the date of the "abduction". Covered Expenses include the following incurred expenses: a. Fees and expenses of any independent investigative services, provided that we have given prior con- sent to the use of such independent investigative services; and b. Reward to an "Informant" for information leading to the recovery of the "Covered Individual(s)" and the arrest and conviction of the party(ies) responsible for the "abduction"; and c. Fees and expenses of independent forensic analysts engaged by the insured or "Guardian(s)" with prior authorization from us; and d. Fees and expenses of public relations consultants to assist in the location of the "Covered Individual(s)"; and e. Publicity costs incurred solely and directly to assist in the resolution of an "abduction"; and f. Costs of travel and accommodations incurred by the insured or "Guardian(s) while attempting to resolve an "abduction"; and g. Rest and rehabilitation expenses including travel, lodging and meals of the "Covered Individual(s)" and "Guardian(s)" incurred by the "Guardian(s)" and paid by the insured following resolution of the loss covered hereunder. The total amount under this provision shall not exceed $10,000 for any single loss; and h. Lost salary of "Guardian(s)", which is the amount of compensation paid at an annual rate including the average bonuses and commissions, that the "Guardian(s)" would normally have earned; and i. Fees for psychological or psychiatric counseling for the benefit of "Guardian(s)", or siblings of the "Cov- ered Individual(s)" beginning on the date of recovery of the "Covered Individual(s)", until the earliest of the following: (1) Up to three (3) months after the recovery or discovery of the death of the "Covered Individual(s)"; or = m (2) Twelve (12) months after the date of the "abduction"; and E r r Q CG MU 1078 12 20 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 225 8.4.d Fees for psychological or psychiatric counseling for the benefit of "Covered Individual(s)" beginning on the date of recovery of the "Covered Individual(s)" and continuing up to twelve (12) months thereafter; and k. Medical services and hospitalization costs incurred for the "Covered Individual(s)" as a result of the "abduction" beginning on the date of recovery of the "Covered Individual(s)" and continuing up to twelve (12) months thereafter; and Funeral and burial expenses of "Covered Individual(s)" resulting from an "abduction". 2. Exclusions We will not pay any expense(s) directly or indirectly caused or resulting from: a. The fraudulent, dishonest, or criminal acts of any "Insured", any director or officer of the "Insured", parents or "Guardian(s)" or agents thereof, whether acting alone or in collusion with others; or b. Any legal liability or costs of defense for administrative, regulatory, judicial or other claims hearings or lawsuits arising out of the "abduction"; or c. Payment of any "ransom" or demand for money. For the purposes of the abduction coverage provided by this provision, SECTION III — LIMITS OF INSURANCE is amended as follows: 1. The Limits of Insurance shown on this Endorsement and the rules below fix the most that we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bring "suits". 2. The Aggregate Limit shown on this Endorsement is the most we will pay for all Covered Expenses for each policy period. All expenses arising from an act or series of related acts involving one or more persons or an act error or event or a series of related acts, errors or events shall be treated as arising out of one "abduction". However we will not pay for any loss resulting from an "abduction" which is part of a series of related acts that began prior to the effective date of this insurance. 3. In no event will any expense claimed, incurred or paid under one "abduction" be recoverable under another "abduction". 4. The "abduction" limit is included as part of the Limits of Insurance under the Liability and Medical Expenses Aggregate Limit. 5. We will not pay for loss in any one "abduction" until the amount of loss exceeds the deductible shown on this Endorsement. We will than pay the amount of loss in excess of the deductible up to the applicable Limit of Insurance as shown in this Endorsement. The deductible will not reduce the Limit of Insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: 1. In the event of an "abduction" during the Policy Period, the "Insured" will make every reasonable effort to: (a) Determine that the "abduction" has actually occurred prior to incurring costs; and (b) Give immediate oral and written notice to us with periodic and timely updates concurrent with activity oc- curring during the incident; and (c) Immediately notify local, national or other appropriate law enforcement agency having jurisdiction over the matter. 2. Confidentiality The "Insured" will use all reasonable efforts not to disclose the existence of this Endorsement. 3. Other Insurance The insurance under this Endorsement will be excess over any other valid insurance. CG MU 1078 12 20 Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 226 8.4.d 4. Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. 5. Due Diligence You and every insured or "guardian" must exercise due diligence in doing all things reasonably practicable to avoid or diminish any loss covered under this insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION V — DEFINITIONS: 1. "Abduction" means the wrongful and illegal seizure of a "Covered Individual(s)", by someone other than a "Guardian(s)" or an agent thereof, from the "premises" of the insured or on any other premises while such "Covered Individual(s)" are under the control of the insured occurring during the policy period. "Abduction" as used in this endorsement does not include the actions of any official acting within their lawful authority. 2. "Covered Individual(s)" means individual(s) under the care, custody and control of the insured. 3. "Informant' means any person, other than a "Covered Individual', providing information not otherwise obtainable solely in return for a reward offered by the insured. 4. "Guardian(s)" means the natural and legal Parent(s) or legal and appointed Guardian, step-Parent(s) or foster Parent(s) of a "Covered Individual(s)" regardless of who has legal custody. 5. "Premises" means any place the insured conducts business. 6. "Ransom" means a consideration paid or demanded for the release of a "Covered Individual(s)" from captivity. Vill. Property Damage Liability — Elevators And Sidetrack Agreements The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Exclusions j. (3), (4) and (6) do not apply to the use of elevators. 2. Exclusion k. does not apply to: a. The use of elevators; or b. Liability assumed under a sidetrack agreement. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. IX. Designated Location(s)-General Aggregate Limit The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations at a single designated "location" shown in the Decla- rations: a. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or property damage" included in the "products -completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". CG MU 1078 12 20 Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 227 8.4.d c. Any payments made under COVERAGE A, for damages or under COVERAGE C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location" also shown in the Declarations. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which cannot be attributed only to operations at a single designated "location" shown in the Declarations: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Op- erations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location Aggregate Limit. 3. When coverage for liability arising out of the "products -completed operations hazard" is provided, any pay- ments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. 4. The following is added under SECTION V — DEFINITIONS "Location" means premises involving the same or connecting lots, or premises whose connection is inter- rupted only by a street, roadway, waterway or right-of-way of a railroad. 5. The provisions of LIMITS OF INSURANCE (SECTION III) not otherwise modified by this coverage shall continue to apply as stipulated. X. Property Damage Liability — Borrowed Equipment The following is added to Exclusion j. under Coverage A. (Section 1): Paragraph (4) of this exclusion does not apply to equipment which you borrow unless the "property damage" occurs while such equipment is being used by an insured at a job site. Subject to all of the terms of SECTION III — LIMITS OF INSURANCE, the maximum limit in any one occurrence is $25,000 and an annual aggregate of $50,000. This insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to you, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDI- TIONS 4. Other Insurance is changed accordingly. XI. Additional Insureds By Written Contract A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organ- ization that you are required to add as an additional insured to this policy by a written contract or written agreement that is: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury". B. The insurance provided to the additional insured applies as follows: 1. That person or organization is only an additional insured with respect to liability caused by your negli- gent acts or omissions at or from: (a) Premises you own, rent, lease, or occupy or (b) Your ongoing operations performed for the additional insured at the job indicated by written contract or agreement. 2. The limits of insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this policy whichever is less. These limits of insurance are inclusive of and not in addition to the limits shown in the Declarations. CG MU 1078 12 20 Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 228 8.4.d C. With respect to the insurance afforded these additional insureds, the following additional insured exclusion applies: 1. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings, designs or specifications; or (b) Supervisory, inspection, architectural or engineering activities. 2. The insurance afforded the additional insured does not apply to: (a) "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on the behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than the contractor or subcontractor engaged in per- forming operations for a principal as part of the same project. XII. Additional Insured — State or Political Subdivisions — Permits The following is added to SECTION II — WHO IS AN INSURED: 1. Any state or political subdivision which has issued a permit to you, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state, governmental agency or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of operations per- formed for the federal government, state or municipality; or (2) "Bodily injury' or "property damage" included within the "products -completed operations hazard". XIII. Additional Insured — Managers Or Lessors of Premises The following is added to SECTION II - WHO IS AN INSURED: 1. Any manager or lessor of premises shown in the Declarations is also an insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: The following exclusions are added: 1. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any man- ager or lessor of premises shown in the Declarations. XIV. Additional Insured — Lessor of Leased Equipment The following is added to SECTION II - WHO IS AN INSURED: 1. The person(s) or organization(s) who leases equipment to you for use in your business is also an insured, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. CG MU 1078 12 20 Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 229 8.4.d XV. Additional Insured — Broad Form Vendors The following is added to SECTION II - WHO IS AN INSURED: 1. Any person(s) or organization(s) (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance is also an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of a vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection; demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the dis- tribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a con- tainer, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub -Paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. This provision does not apply to any vendor included as an insured by an endorsement issued by us and made part of the Coverage Part. d. This provision does not apply if "bodily injury" or "property damage" included within the "products -com- plete hazards" is excluded either by the provisions of the Coverage Part or by endorsement. XVI. Employee Bodily Injury To A Co -Employee SECTION II- WHO IS AN INSURED paragraph 2.a.(1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co -"employee" or "volunteer worker" as a consequence of Paragragh (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. CG MU 1078 12 20 Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 230 8.4.d However, if a suit seeking damages for "bodily injury" or "personal and advertising injury" to any co -"employee" or other "volunteer worker" arising out of and in the course of the co -"employee's" or "volunteer worker's" em- ployment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co -"employee" or other "volunteer worker", is brought against you or a co -"employee" or a "volunteer worker", we will reimburse the reasonable costs that you incur in provid- ing a defense to the co -"employee" or "volunteer worker" against such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. XVII. Broad Knowledge/Notice Of Occurrence The following is added under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirement in condition 2.a. that you must see to it that we are notified of an "occurrence" or offense applies only when the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. If you report an accident to your Workers' Compensation insurance carrier which later develops into a liability occurrence, coverage for which is provided by this policy, failure to report such occurrence to us at the time of the accident shall not be a violation of the notification of loss condition in this policy (Condition 2. in Section IV). It is understood and agreed, however, that you shall give notification of such occurrence to us as soon as you are made aware of the fact that the particular accident has developed into a liability claim. XVIII. Unintentional Failure To Disclose Hazards Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 6. Representations is replaced by the following: By accepting this policy, you agree; 1. The statements in the Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this policy in reliance upon your representations; If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. CG MU 1078 12 20 Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 231 8.4.d XIX. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the paragraph 8. Transfer of Rights of Recovery Against Others To Us condition is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and include in the "products — completed operations hazard" when you have waived such right of recovery under a written contract with that person or organization. Such written contract must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury"; or 3. Executed after "bodily injury", "property damage", "personal and advertising injury" if: a. The terms and conditions of the written contract or written agreement had been agreed upon prior to the "bodily injury", "property damage", "personal and advertising injury"; and b. The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the "bodily injury", "property damage", "personal and advertising injury". XX. Insured Contract SECTION V — DEFINITIONS, "Insured Contract" paragraph 9.a. is replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'. XXI. Mobile Equipment The following is added under SECTION V — DEFINITIONS, 12. "Mobile Equipment": Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. CG MU 1078 12 20 Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 232 8.4.e EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE August 8 —12, 2024 THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as the "Chamber") (collectively, the "Parties"). WHEREAS, the Chamber has for a number of years sponsored a public event known as Taste Edmonds and proposes to do so again in 2024; and WHEREAS, the City Council finds that Taste Edmonds provides distinct benefits to local businesses and helps raise necessary funding to support events such as Car Show, Halloween, 41h of July and the Holiday Tree Lighting, while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for community engagement and activity to its citizens; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Chamber and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City (certain Chamber obligations included). 1.1 The City will provide use of Civic Center Playfield, parking on both sides of 7th avenue adjacent to Civic Center Playfield and 6th avenue in front of Civic Center Playfield from Bell St to Daley St. (See Exhibit A attached hereto and incorporated herein by this reference) (hereinafter referred to as the "City -Provided Site" or "park") for use as the venue for Taste Edmonds (hereinafter referred to as the "Event"), and agrees to the following: 1.1.1 No Parking Signs placed on both sides of 71h Avenue and on 61h Avenue will be placed on Monday, August 5, 2024 at 8:00 a.m. — see Exhibit A for no parking signage date range. 1.1.2 The Event setup will begin on Wednesday, August 7, 2024, at 6:00 a.m. 1.1.3 The Event will run from 2:00 p.m. to 10:00 p.m. Friday, August 9, 2024; 12:00 p.m. — 10:00 p.m. Saturday, August 10, 2024 and 12:00 p.m. — 8:00 p.m. on Sunday, August 11, 2024. Packet Pg. 233 8.4.e 1.1.4 All surfaces and areas listed will remain available to the Event until final cleanup, to be completed by Monday, August 12, 2024, at 2:00 p.m. 1.1.5 The City will designate twelve (12) additional ADA parking spaces to be located along 61h Avenue near the Event Box Office/Entrance (See Exhibit A). 1.2 The City will provide local access only signs for the two alleys adjacent to the park where they connect with 61h and 7th to discourage attendees from traveling on the alleys limiting residents' access to their private driveways. 1.3 The City will provide twelve (12) official ADA parking signs and two (2) loading zone signs on 61h Avenue as identified in Exhibit A. In addition, both sides of 71h Avenue adjacent to the park will be designated for reserved parking spaces and should be marked "No Parking" August 81h at 6:00 am through August 12th at 6:00 am as identified in Exhibit A. 1.4 City shall provide access to five (5) permanent restrooms restocking three (3) times per day on Friday, Saturday and Sunday of the event. Related fees are outlined in section 2.21 below. 1.5 The City may, upon request by the Chamber, install Taste Edmonds street banners as provided by the Chamber at approved sites; provided that the Chamber obtains a Street Banner Permit from the Public Works Department and pays the required fee. The Chamber may install a banner on the tennis court fence July 1, 2024. Size and location to be mutually agreed upon by the Chamber and Parks Director or designee. 1.6 The City may irrigate the field prior to the Event. The park irrigation system will be turned off by 8:00 a.m. on August 8, 2024. 1.7 The City will provide access to available power to include five (5) festival power receptacles (20A, 30A and 50A) and an additional fifteen (15) 20A receptacles as identified in Exhibit B. The Chamber must supply and additional power needed for the event. The Chamber may utilize the overhead field lights while the event is open to the public, the lights must be turned off at the conclusion of the event each night. Overhead lighting schedule to be mutually agreed upon by the Chamber and the City. A Chamber representative and a City Public Works representative will meet prior to July 18, 2024, to draw up an exterior electrical plan. The City Electrician will have final say in all electrical matters. No ground penetrations are allowed unless authorized first by the City Electrician and City Parks Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Chamber. 1.8 City shall provide potable water access in the southwest corner of the park (petanque courts) and in the northeast area of the park (playground area) for use by the food 2 Packet Pg. 234 8.4.e vendors. Additionally, the bottle filler station located near the permanent restrooms will be available. 1.9 The Chamber is not authorized to fasten anything to the buildings, structures, or trees unless authorized first by the City Parks Department. Doing so may result in damage cost recovery and/or fine. 1.10 Vehicles are only allowed to drive on the Sprague connection (east -west promenade) and in the food truck parking area as identified in Exhibit B. Any use of a vehicle larger than a gator on any other hardscape area may result in damage cost recovery and/or fine. 1.11 Alcohol may be served, so long as the Chamber obtains all required state licenses and approvals to serve alcohol. These will be furnished to the City at least five (5) business days prior to the event, or as soon as the Chamber receives the licenses. 1.12 The City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Seattle King County Department of Health or levels set forth in Chapter 5.30 of the Edmonds City Code. 1.13 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event must comply with the "Outdoor Assembly Events" and "Regional Fire Marshals Food Truck Inspection Checklist" set forth in Exhibit C, attached hereto and incorporated herein by this reference. Such structures, booths and facilities may be inspected and reviewed by the City Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine whether the facilities in use comply with the provisions of Exhibit C and state and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. 1.14 Edmonds Fire Marshal will inspect the facilities and all food trucks prior to the opening to the general public on or before 1:00 p.m., August 9, 2024, as the Parties will agree and note all potential problems. Prior to the opening of the Event, the Chamber will correct all problems related to fire safety. In the event that such problems are not corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of the City, any violation or other condition that threatens life, health or property has not been corrected. 1.15 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or designee, and the President and CEO of the Chamber. Packet Pg. 235 8.4.e 1.16 The City will supply a list of acceptable compostable and recyclable food ware items and suppliers for the compostable items. The City will provide signage for the on -site collection containers, and any additional containers, if needed. 2. Responsibilities of the Chamber 2.1 The Chamber agrees to the following general open hours of Taste Edmonds: 2.1.1 Friday, August 9, 2024: 2:00 p.m. —10:00 p.m. Alcohol last call 9:30 p.m., no service after 9:45 p.m. 2.1.2 Saturday, August 10, 2024: 12:00 p.m. — 10:00 p.m. Alcohol last call 9:30 p.m., no service after 9:45 p.m. 2.1.3 Sunday, August 11, 2024: 12:00 p.m. 8:00 p.m. Alcohol last call 7:30 p.m., no service after 7:45 p.m. 2.2 The Chamber will ensure that all vendors have the necessary state permits for serving and selling alcohol. The Chamber intends to allow Event attendees of all ages and agrees to make its best effort to prevent service of alcohol to minors, including appropriate fencing around the Event, posting security at the entrances of the Event, and checking identification in accordance with common practice. Required fencing is addressed at Section 2.6, below. 2.3 The Chamber will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.4 The Chamber will post "NO DOGS" signs on the City -Provided Site per Chapter 5.05 of the Edmonds City Code ("Animal Control"). The Chamber will notify vendors of this requirement as part of their registration instructions, and also inform vendors that this requirement will be enforced. This provision will not apply to service animals for the disabled. 2.5 The Chamber will provide a sufficient number of portable sani-cans and wash stations in addition to the City provided permanent restrooms. Portable restrooms are not authorized to be placed on any of the grass surfaces and portable restroom service trucks are not permitted to drive on any surface other than the Sprague Connection promenade running East-West in the park. 2.6 The Chamber will provide fence installation and removal at the Civic Center Playfields around the exterior of the park see Exhibit A. Precise fence location to be mutually agreed upon by the Chamber and the City in advance of the event. The Chamber will provide all fencing for Beer Garden and Wine Garden as required by law. 4 Packet Pg. 236 8.4.e 2.7 The Chamber shall coordinate with the Boys and Girls Club to ensure their business remains accessible to their participants and vehicles as needed. 2.8 Garbage service will be contracted and paid for by the Chamber. 2.9 The Chamber will insure that Kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2.10 Vehicles will only be allowed on Sprague Connection promenade and Food Truck area for load and unload, with adjacent streets used for parking during the Event. 2.11 The Chamber will notify all individual residents of the affected areas surrounding the park to provide awareness of the increase in park activity, noise, music and street closures a minimum of 30 days prior to the event. 2.12 Canopies, tents or similar structures must be held down with sandbags and not stakes. 2.13 The Chamber will arrange for a walk-through with the City electrician and obtain approval for the accommodation of power and electricity needs. 2.14 The Chamber will provide security services necessary during the daytime hours (daytime hours being defined as those hours which the Event is in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services nor will it be liable for any loss or damage incurred by the Chamber or the participants in the Event. 2.15 The Chamber will provide any and all security services necessary during the nighttime hours (nighttime hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services nor will it be liable for any loss or damage incurred by the Chamber or the participants in the Event. 2.16 The Chamber will provide a fire watch for all times the Event is open to the general public. The Fire Marshal or representative may inspect the Event with the Chamber CEO or designated representative, prior to 12:00 p.m., Friday, August 9, 2024. 2.17 The Chamber will be responsible for restoring the City -Provided Site to its original condition including steam cleaning and pressure washing whenever required for all hard surfaces impacted by the Event. A Chamber representative will meet with a member of the City's Parks and Recreation Department prior to August 9, 2024 and Packet Pg. 237 8.4.e on August 12, 2024 to inspect the City -Provided Site to document the "original" and "post event" conditions of the Civic Center Playfield and adjacent right of way spaces. 2.18 Cleanup areas include the City -Provided Site as described in paragraph 1.1 and all streets immediately surrounding the Event perimeter. 2.19 All garbage to the size of a cigarette butt, debris, litter, equipment, and any and all other items made necessary by or used in the provision of the Event will be picked up and removed by 2:00 p.m., Monday, August 12, 2024. 2.20 Damage Deposit: The Chamber will submit a cleaning/damage deposit of $2,000.00 to the City prior to Monday, July 15, 2024. The deposit will be refunded to the Chamber if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. 2.21 Fees: The Chamber will pay the City $2,250 for the use of the City -Provided Site and $450 for restroom cleaning and restocking fees for a total of $2,700 prior to Monday, July 15, 2024, and will reimburse the City for the actual costs of supplies or services furnished by the City, unless otherwise established, within thirty (30) days of mailing of a final bill by the City. 2.22Notices. All requests for additional services and concerns of the Chamber will be directed by the Chamber President to the City's designated representative, Parks Deputy Director at 425-771-0232. 2.23Insurance: The Chamber will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds will be named as an additional insured on the Chamber's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy will contain, or be endorsed to contain, that the Chamber's insurance coverage will be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds will be excess of the Chamber's insurance and will not contribute with it. In the event that the Chamber's employees and/or volunteers provide the service of alcohol at the event, the Chamber's General Liability insurance will also include host liquor liability coverage. However, if the Chamber contracts with a Packet Pg. 238 8.4.e third -party vendor or vendors to provide all service of alcohol, the Chamber will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming that the vendor(s) have Liquor Liability coverage, with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate per vendor. The City will be named as an additional insured on any third -party vendor(s)' Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the Chamber's Certificate of Insurance. The Chamber will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.24 The Chamber agrees that Taste Edmonds is a public event. The Chamber further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public rights of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber will permit citizens attending events open to the general public at the City -Provided Site during the Event to exercise therein their protected constitutional right to free speech without interference in a designated free speech zone that does not violate fire and ADA codes. 2.25 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.26 Pursuant to the provisions of RCW 70.93.093 concerning event recycling, the Chamber will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from Event participants. The Chamber will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.27, below). 2.27 Pursuant to the provisions of Chapters 6.90 ("Noncompostable Food Service Containers Prohibition") and 6.95 ECC ("Single -Use Plastic Utensils — Prohibition"), which prohibit the use of non-compostable food service containers and single -use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City, the Chamber will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to Event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. The Chamber will provide for the on -site collection of compostable and recyclable materials from Event participants, using designated color -coded collection containers. The Chamber will ensure that on -site collection containers are serviced properly and continually during the Event. A 7 Packet Pg. 239 8.4.e Chamber representative will meet with the City's Recycling Coordinator or representative prior to July 15, 2024, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage, and the City will work to identify mutually agreed upon locations for food waste stations. These stations will be identified on Event maps and website. 2.28Indemnification: The Chamber shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Chamber and the City, its officers, officials, employees, and volunteers, the Chamber's liability hereunder shall be only to the extent of the Chamber's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Chamber's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 2.29 The Chamber may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.30Neither the Chamber nor any of its officers, agents, or employees will discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.31 The Parties acknowledge that, pursuant to the provisions Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the Chamber are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 3. Miscellaneous a Packet Pg. 240 8.4.e 3.1 Entire agreement, integration, amendment, waiver, applicable law and venue. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber will be deemed to be the same of the City for any purpose. The Chamber alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with laws. The Chamber in the performance of this Agreement will comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. It is the Chamber's responsibility to ensure that all of its representatives and all participants in the Event comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to the Chamber of issue(s) relating to public health or safety and such issue(s) are not promptly corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Parks Director and at the sole discretion of the City, such issue threatens public health and safety. 3.5 Termination. Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by the Chamber will constitute a breach of this Agreement. In the event the Chamber fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event the Chamber violates any local, city, county, state, or federal law, in connection with the Event, upon giving the Chamber twenty-four (24) hours' advance written notice, the City may terminate this Agreement. Provided, the Parks, Recreation and Human 9 Packet Pg. 241 8.4.e Services Director may order the Chamber to cease operation of the Event hereunder immediately at any time should the Parks, Recreation and Human Services Director determine that the Event is detrimental to public safety, health, or welfare. Such a determination may be made in relation to COVID-19 or to any other public safety, health or welfare issue. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained will be terminated, the Chamber will have no further rights hereunder, and the City may require the immediate removal of all property of the Chamber and its vendors from the City - Provided Site. DATED this day of 2024. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Ryan Crowther, President and CEO Packet Pg. 242 8.4.e Exhibit A 2024 Taste Edmonds Site Plan & Traffic Control Plan 40 v p �o �n c� � � � � .: C ► � C m Z C t0 70 7�0 '�• j � D � � c � A c ro Z �' ca •rr �'" � ' m Yc C'7 C I 1 o z a i 1 M 2Cr, {. CM _.u.__ • r. . �s�''P i� IMF•" ' `\ �! ✓Alr �� Cwiw .,fib p -n pp g t o ca ii��77 �n to " I c c � d M PO R. lopt. n 1 z � � • -. r1l' 74 Aft y •� I T �111 � t- - L2 I � NIN MMOOM 11 Packet Pg. 243 8.4.e Exhibit B Civic Center Playfield Amenities Map am i —1) a Q= cm ®, 12 Packet Pg. 244 Exhibit C 8.4.e REQUIREMENTS FOR Outdoor Assembly Events REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane a structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Packet Pg. 245 LH ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 8.4.e SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 246 8.4.e Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist This document is a regional fire inspection checklist for mobile food preparation vehicles with the intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find a list of the jurisdictions that are participating in this program. This program does not omit local jurisdiction requirements and their permitting processes. All mobile food preparation vehicle operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: Contact Person: Phone Number: L&I Number (VEN): Date Inspected: Inspector Signature: Email: License Plate#: Fire Agency: Summary of Inspection - Regional ❑ Approved — No Violations ❑ Approved to operate — violations noted below must be corrected ❑ Not approved to operate Regional Inspection Checklist Documentation 1. Washington State L&I Approval Sticker Cooking System Type-1 Hood (If produces grease laden vapors) 1. Cooking suppression system is UL300 listed, serviced, and cleaned. • Date of last service: (Semiannually) • Date of last cleaning: 2. Manual Pull Station accessible and unobstructed. PASS FAIL N/A ❑ ❑ ❑ PASS FAIL N/A ❑ ❑ ❑ ❑ ❑ ❑ Packet Pg. 247 Cooking Oil Storage PASS FAIL 1. Aggregate volume less than 120 gallons. ❑ ❑ 2. Storage tanks stored in such a way as to not be toppled or ❑ ❑ damaged during transport. LP -Gas Systems PASS FAIL N/A 1. LP tanks located on the outside of the vehicle or in a vapor ❑ ❑ ❑ tight cabinet vented to the outside. 2. LP tanks located on back of vehicle are provided with ❑ ❑ ❑ adequate impact protection provided. 3. Maximum LP tank size less than 200 pounds. (4.23 lb = 1 gal) ❑ ❑ ❑ • Number of tanks: • Size of tanks: • Date last inspected: (Annually) • Date of last hydro: 4. LP tanks securely mounted and piping protected. ❑ ❑ ❑ 5. LP gas alarm installed, operational and tested. ❑ ❑ ❑ • Last test date: 6. LP shut off valves installed and accessible. ❑ ❑ ❑ 7. LP tanks used or stored outside of the vehicle shall be ❑ ❑ ❑ secured with a non-combustible strap or chain in an upright position and protected from impact. CNG Systems PASS FAIL N/A 1. All CNG containers are NGV-2 cylinders with a maximum ❑ ❑ ❑ size less than 1300 pounds. (1 W = 8 lbs) • Number of tanks: • Size of tanks: • Tank expiration date(s): • Date last inspected: (Every 3 years) • Date of last hydro: 2. Tanks securely mounted and piping protected. ❑ ❑ ❑ 3. Methane gas alarm installed, operational and tested. ❑ ❑ ❑ • Last tested date: Portable Fire Extinguishers PASS FAIL N/A 1. Class K Extinguisher installed along egress path (if using ❑ ❑ ❑ deep fat fryer or solid fuels). • Date last Serviced (Annually) 2. Fire protection system use placard installed near Class K ❑ ❑ ❑ Extinguisher. 2 Packet Pg. 248 3. 2A:10B:C portable extinguisher shall be provided along ❑ El8.4.e egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. • Date last serviced c (Annually) 0 E w Electrical PASS FAIL N/A 1. Extension cords protected from damage. ❑ ❑ ❑ 2. No open electrical junction boxes or wiring. ❑ ❑ ❑ r Generators PASS FAIL N/A 21 1. Generators located a minimum of 10 feet from ❑ ❑ ❑ combustibles. y 2. Refueling of internal combustion engines shall not be ❑ ❑ ❑ U- allowed during cooking operations and only when the a electric generators and internal combustion power sources are not in use. Keeo Reauired Documentation in Your Food Truck Please ensure you keep a copy of the following documents in your truck. You may be asked to produce these at any time by a fire department inspector. • Your fire inspection report (this form or other documentation provided to you by the fire agency that completed your inspection). • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire suppression system and extinguishers, completed by the contractor you use. • A copy of any permit(s) issued by a local fire department for your food truck. 3 Packet Pg. 249 8.4.e Additional Checklist Information and Guidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is w the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. o 2018 International Fire Code Sections: 105 — Permits 319 — Mobile food preparation vehicles 607 — Commercial kitchen hoods 608 — Commercial kitchen cooking oil storage 904.12 — Commercial cooking systems 906 — Portable extinguishers National Fire Protection Association Standards 17A — Wet chemical extinguishing systems 58 — Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type-1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 0 Packet Pg. 250 8.4.e • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. • Manual Actuator is installed between 48 to 42 inches above the floor. • System Annunciation indicator (audible or visual) is provided to show that the system has been activated. • Exhaust, including hood, grease -removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High -volume cooking operations such as 24-hour cooking, charbroiling or wok 3 months cooking. Low -volume cooking operations such as places of religious worship, seasonal 12 months businesses and senior centers. Cooking operations utilizing solid fuel -burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep -fat fryers — installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum fl- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances — To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning — Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char -broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP -Gas Systems (IFC 319.8/IFC 61) System location — LP -Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers — LP -gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. Packet Pg. 251 8.4.e Protection of system piping — LP -gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro — All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking for a manufacturer's 4-digit month/year stamped on the collar. Cylinders that have previously been recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 02X07E or 07ABC07E. Inspected for damage — Damage can threaten the integrity of the tanks. LP -gas alarm — A listed LP -gas alarm shall be installed within the vehicle in the vicinity of LP -gas system components, in accordance with the manufacturer's instructions. Shutoff valves — There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP -Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter -turn manual gas ball valve installed within the LP -Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage — Damage or exposure to certain chemicals can threaten the integrity of CNG tanks Protection of system piping — CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms — A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions. Diamond -shaped label - CNG vehicles shall be identified with a permanent, diamond -shaped label complying with the following: • Minimum of 4.72 in. long x 3.27 in. high • Marking in the label shall consist of a border and the letters "CNG" 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) N. Packet Pg. 252 Train Your Food Truck Staff on These Fire Safety Basics: 8.4.e • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful — Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. 00o iRUCX • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture -resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food -preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 7 Packet Pg. 253 ATTENTION. 8.4.e Are you aware that your compressed gas cylinders must be inspected? Cylinders are required to be requalified, or replaced every 5.12 years depending on the cylinder type, condition, and previous requafficatien method (Ref. 49 CFR §§ 180.205(d) and 180-209). The orxWal manufacturenest date and any requalification+'retest dates must be presented in a speafic manner. Cylinders that are overdue for requahfication must not be refilled, If propane tanks are manufactured to ASTM Standards and built into the truck's body making it difficult to remove, then these tanks are exempt from the DOT reinspection requirements. For more information, contact the Haznlat Info -Center 1-800-467-4922. RIN number identifying retester/requalif ier 7;214 Month last Year last requalified requalified Requalification Date 0505 Volumetric Test. Basic Marking. Must be requalified within \1 % J t 12 years of stamped date (Must be F requalified by 7/2026 in this example) Original Manufacture/ Test Date If no requalification �,. Proof Pressure Test. markings are found. the cylinder must be "IS" ndcates cylinder must he requalified 7 date be requasfred within 12 az 14S within years of stamped (Must years of the original requallfred by 712021 in this example{ marwfacture date. (Must be requalified by 5/2017 in this example) 1 External Visual Test. �(A', 4 'E" indicates cyfinder must be requalified within 5 years of stamped date (Must be ti requalfied by 712019 in this example) ® if cylinder is out of test find an approved requalffier to requality u S Dapartmonr your cylinder. A list of DOT approved requallfiers Is available of Transpwranon from the PHMSA website: ftellne and httpsv/ponal. phrnsa.dot,govr'rinlocator Harordous Materials Safety Administration R1 Packet Pg. 254 8.4.e Participating Fire Agencies This list will be revised based on changes and posted to the King County Fire Chiefs webpage located at: DOCUMENTS I KC Fire Chiefs (kingcountyfirechiefs.org) Bellevue Fire Bothell Fire Eastside Fire Enumclaw Fire Everett Fire KCFD #2 / Burien Fire King County Fire Marshal's Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Shoreline Fire Snohomish County Fire Marshal's Office / Unincorporated Snohomish County Snohomish Regional Fire and Rescue South King Fire Tukwila Fire Valley Regional Fire Authority Woodinville Fire & Rescue If your jurisdiction would like to become a participating agency, please contact Tami Dauenhauer at 425-276-9581 or tauenhauer@rentonrfa.org. Revised 12/5/2022 Packet Pg. 255 8.4.e I CERTIFICATE OF LIABILITY INSURANCE I DATE( O1/16/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE; BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Carol DuClOs Scott M. Campbell PHONE FAX 600 Main Street, Ste. A A/C No Ext: (425) 775-6446 A/C No: (425) 640-922° E-MAIL Edmonds WA 98020 ADDRESS: info@insuranceservicesgroup.com I INSURERA: Western National Mutual Insuranc I INSURED INSURER B : Greater Edmonds Chamber of Commerce INSURER C : 121 5th Ave N INSURERD: Edmonds WA 98020 INSURERE: (425) 670-1496 INSURERF: COVERAGES CD CERTIFICATE NUMBER: Cert ID 10470 (8) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILT R LTR TYPE OF INSURANCE ADDL INSD SPOLICY NDY POLICY NUMBER MMDD YYY POLICY Y MMDD YYY LIMITS A X _ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C CLAIMS-MADE � OCCUR Y CPP129583101 09/01/2023 09/01/2024 DA AGE To PREMSES E.occurence $ 100,00C _7RENTE MED EXP (Any one person) $ Excludec PERSONAL & ADV INJURY $ 1,000,00C GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00C X POLICY PRO JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,00C $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00C BODILY INJURY (Per person) $ * ANY AUTO CPP129583101 09/01/2023 09/01/2024 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X FIR PERTYDAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY A X UMBRELLA LIAB OCCUR UMB104981201 09/01/2023 09/01/2024 EACH OCCURRENCE $ 2,000,00C AGGREGATE $ 2,000,00C EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ 10,00C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE I I ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below $ E.L. DISEASE - POLICY LIMIT A Liquor Liability CPP129583101 09/01/2023 09/01/2024 $ 1,000,00C DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Taste Edmonds Dates: August 7 - 12, 2024. Location: Civic Center Play£ield. 310 6th Ave N. Edmonds, WA 98020 The below listed Certificate Holder is included as Additional Insured in regard to operations of the above Named Insured if required by written contract per policy form CG MU 1078 12 20. CERTIFICATE HOLDER CANCELLATION N O SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI N THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. _ City of Edmonds E 121 5th Ave N AUTHORIZED REPRESENTATIVE S 0 Edmonds WA 98020 Q © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 256 Page - of - 8.4.e COMMERCIAL GENERAL LIABILITY CG MU 1078 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SPECIALTY SOLUTIONS ENHANCEMENT This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG 00 01) SUMMARY OF COVERAGES Description Limit Of Insurance Abduction Additional Insured — Broad Form Vendors Additional Insured — Lessor Of Leased Equipment Additional Insured — Managers Or Lessors Of Premises Additional Insured — State Or Political Subdivisions — Permits Additional Insureds By Written Contract Broad Form Property Damage Broad Knowledge/Notice Of Occurrence Damage To Premises Rented To You Designated Location(s) — General Aggregate Limit Employee Bodily Injury To A Co -Employee Insured Contract Amended Medical And Dental Payments Mobile Equipment Non -Owned Watercraft Occupational License Review Expense Property Damage Liability — Borrowed Equipment Property Damage Liability — Elevator And Sidetrack Agreement Supplementary Payments Increased Limits Bail Bonds Loss Of Earnings Per Day Unintentional Failure To Disclose Hazards Waiver Of Transfer Of Rights Of Recovery Against Others To Us $50,000 per Abduction/$50,000 Aggregate/$1,000 deductible Included Included Included Included Included $25,000 Per Occurrence Included $300,000 Any One Premises Included Included Included $10,000 Medical Expense Limit Included 51 Feet $2,500 Per Review/$5,000 Aggregate $25,000 Occurrence/$50,000 Aggregate Included $2,500 $1,000 Included Included CG MU 1078 12 20 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 257 8.4.e The terms and conditions of this policy are amended as indicated below: I. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Exclusion 2.g.(2) is revised as follows: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft. This provision does not apply if the insured has any other insurance for "bodily injury" or "property damage" liability that would also be covered under this provision, whether the other insurance is primary, excess, contin- gent or on any other basis. In that case, this provision does not provide any insurance. II. Damage To Premises Rented To You Under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, the last paragraph of 2. is deleted and replaced with the following: Exclusions c. through In. do not apply to "Property Damage" to the premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insur- ance applies to this coverage which is the greater of: 1. The Damage To Premises Rented To You Limit for Each Occurrence shown in the Declarations; or 2. $300,000 Under Section III — LIMITS OF INSURANCE, paragraph 6. does not apply. III. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A & B, are revised as follows 1. In paragraph 2., the limit of $250 for bail bonds is increased to $2,500. 2. In paragraph 4., the limit of $250 for daily loss of earnings is increased to $1,000. IV. Medical And Dental Payments Under SECTION I — COVERAGES, COVERAGE C. MEDICAL PAYMENTS, if COVERAGE C. MEDICAL PAYMENTS, is not otherwise excluded from this Coverage Part: 1. The Medical Payments Limit is changed to the greater of: a. $10,000; or b. The Medical Expenses Limit shown in the Declarations of this Coverage Part. 2. The provision, in C.1.a.(2) that the expenses must be incurred and reported to us within one year of the date of the accident, is increased to three years. V. Broad Form Property Damage Under SECTION I — COVERAGE A, Exclusion 2J. is amended as follows: 1. Paragraph (3) does not apply. 2. Paragraphs (4) and (6) do not apply to customer's property at your described premises. We do not cover any property: 1. Subject to motor vehicle registration; or 2. While being used to perform construction operations. Our limit for any one "occurrence" under this coverage provision is $25,000. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. CG MU 1078 12 20 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 258 8.4.e VI. Occupational License Review Expense The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the per review and annual aggregate limits of insurance stated in this endorsement, we agree to pay the "insured" for reasonable and necessary covered expenses, as listed below, incurred and paid by the "insured" as a direct result of a "occupational license review", conducted by a governmental bureau, board, commission or department, occurring during the policy period and in the "coverage territory". a. Covered Expenses include: (1) Fees and expenses of any licensed independent investigative services or legal counsel, hired by the "insured" for the purpose of assisting or representing the "insured" at the "occupational license review"; and (2) Costs of travel, accommodations, and meals incurred by the "insured" in order to appear before the governmental bureau, board, commission or department. b. Exclusions This coverage will not pay for: (1) Hearing fees; or (2) Fines, judgments, lawsuits, or settlement amounts as the result of or in conjunction with the "occu- pational license review"; or (3) Expense(s) directly or indirectly caused or resulting from the fraudulent, dishonest, or criminal acts of the "insured", any director or officer of the "insured", or agents thereof, whether acting alone or in collusion with others; or (4) Lost salary or wages claimed by or for any "insured" while preparing for or attending the "occupa- tional license review". 2. For the purposes of the coverage provided by this provision, SECTION III — LIMITS OF INSURANCE is amended as follows: With respect to this endorsement only, the following apply: a. The per review limit of insurance shown in this endorsement is the most we will pay per review, regard- less of the number of "insureds" reviewed or subject to the "occupational license review". b. The annual aggregate limit of insurance shown in this endorsement is the most we will pay for all cov- ered expenses for each policy period. c. In the event that the "occupational license review" continues over more than one policy period, the expenses shall be limited to the annual aggregate applicable to the policy period when the license review began. d. In no event will any expense claimed for an "occupational license review" be recoverable as expense for another `occupational license review". e. The limits of insurance stated in this endorsement are not part of and are in addition to, the Liability Limits of Insurance shown in the Declarations for this policy. 3. For the purposes of the coverage provided by this provision, the following are added under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: a. In the event of a "occupational license review" during the policy period, the "insured" will: (1) Make every reasonable effort to give us immediate written notice and timely updates concurrent with activity regarding the "occupational license review"; (2) Provide us with the official report of the "occupational license review"; and (3) Provide us with documentation, including receipts, for expenses claimed under this coverage. b. The insurance under this endorsement will be excess over any other valid insurance or bond. CG MU 1078 12 20 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 259 8.4.e 4. For the purposes of the coverage provided by this provision, the following are added under SECTION V — DEFINITIONS: a. "Insured" as used in this endorsement means an employee of the Named Insured shown in the Decla- rations, but does not include leased or temporary workers or volunteers. "Insured" does not include the Named Insured, unless the Named Insured is an individual person operating as a sole proprietorship, or any other business, whether corporation, partnership, limited liability company or other organization. "Insured" only includes natural persons. b. "Occupational license review" means a formal or informal proceeding conducted by a governmental bureau, board, commission or department charged with regulating the "insured's" occupational license and involving the review, modification, denial, suspension, or nonrenewal of the "insured's" occupa- tional license or involving disciplinary action against the "insured", including proceedings to impose a forfeiture or penalty; but "occupational license review" does not include a proceeding concerning any criminal or civil charge brought against the "insured". VII. Abduction The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the limits, aggregate and deductible as stated in this endorsement, we agree to pay the insured for reasonable and necessary Covered Expenses, as listed below, incurred and paid by the insured or "Guardian(s)" as a direct result of an "abduction" occurring during the policy period and in the "coverage Territory", provided that such "abduction" is otherwise the subject of this endorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the following unless otherwise stated: a. Up to fourteen (14) days after the recovery of the "Covered Individual(s)"; or b. Discovery of the death of the "Covered Individual(s)"; or c. Twelve (12) months after the date of the "abduction". Covered Expenses include the following incurred expenses: a. Fees and expenses of any independent investigative services, provided that we have given prior con- sent to the use of such independent investigative services; and b. Reward to an "Informant" for information leading to the recovery of the "Covered Individual(s)" and the arrest and conviction of the party(ies) responsible for the "abduction"; and c. Fees and expenses of independent forensic analysts engaged by the insured or "Guardian(s)" with prior authorization from us; and d. Fees and expenses of public relations consultants to assist in the location of the "Covered Individual(s)"; and e. Publicity costs incurred solely and directly to assist in the resolution of an "abduction"; and f. Costs of travel and accommodations incurred by the insured or "Guardian(s) while attempting to resolve an "abduction"; and g. Rest and rehabilitation expenses including travel, lodging and meals of the "Covered Individual(s)" and "Guardian(s)" incurred by the "Guardian(s)" and paid by the insured following resolution of the loss covered hereunder. The total amount under this provision shall not exceed $10,000 for any single loss; and h. Lost salary of "Guardian(s)", which is the amount of compensation paid at an annual rate including the average bonuses and commissions, that the "Guardian(s)" would normally have earned; and i. Fees for psychological or psychiatric counseling for the benefit of "Guardian(s)", or siblings of the "Cov- ered Individual(s)" beginning on the date of recovery of the "Covered Individual(s)", until the earliest of the following: (1) Up to three (3) months after the recovery or discovery of the death of the "Covered Individual(s)"; or c N (2) Twelve (12) months after the date of the "abduction"; and m E s c� r r Q CG MU 1078 12 20 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 260 8.4.e Fees for psychological or psychiatric counseling for the benefit of "Covered Individual(s)" beginning on the date of recovery of the "Covered Individual(s)" and continuing up to twelve (12) months thereafter; and k. Medical services and hospitalization costs incurred for the "Covered Individual(s)" as a result of the "abduction" beginning on the date of recovery of the "Covered Individual(s)" and continuing up to twelve (12) months thereafter; and Funeral and burial expenses of "Covered Individual(s)" resulting from an "abduction". 2. Exclusions We will not pay any expense(s) directly or indirectly caused or resulting from: a. The fraudulent, dishonest, or criminal acts of any "Insured", any director or officer of the "Insured", parents or "Guardian(s)" or agents thereof, whether acting alone or in collusion with others; or b. Any legal liability or costs of defense for administrative, regulatory, judicial or other claims hearings or lawsuits arising out of the "abduction"; or c. Payment of any "ransom" or demand for money. For the purposes of the abduction coverage provided by this provision, SECTION III — LIMITS OF INSURANCE is amended as follows: 1. The Limits of Insurance shown on this Endorsement and the rules below fix the most that we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bring "suits". 2. The Aggregate Limit shown on this Endorsement is the most we will pay for all Covered Expenses for each policy period. All expenses arising from an act or series of related acts involving one or more persons or an act error or event or a series of related acts, errors or events shall be treated as arising out of one "abduction". However we will not pay for any loss resulting from an "abduction" which is part of a series of related acts that began prior to the effective date of this insurance. 3. In no event will any expense claimed, incurred or paid under one "abduction" be recoverable under another "abduction". 4. The "abduction" limit is included as part of the Limits of Insurance under the Liability and Medical Expenses Aggregate Limit. 5. We will not pay for loss in any one "abduction" until the amount of loss exceeds the deductible shown on this Endorsement. We will than pay the amount of loss in excess of the deductible up to the applicable Limit of Insurance as shown in this Endorsement. The deductible will not reduce the Limit of Insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: 1. In the event of an "abduction" during the Policy Period, the "Insured" will make every reasonable effort to: (a) Determine that the "abduction" has actually occurred prior to incurring costs; and (b) Give immediate oral and written notice to us with periodic and timely updates concurrent with activity oc- curring during the incident; and (c) Immediately notify local, national or other appropriate law enforcement agency having jurisdiction over the matter. 2. Confidentiality The "Insured" will use all reasonable efforts not to disclose the existence of this Endorsement. 3. Other Insurance The insurance under this Endorsement will be excess over any other valid insurance. CG MU 1078 12 20 Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 261 8.4.e 4. Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. 5. Due Diligence You and every insured or "guardian" must exercise due diligence in doing all things reasonably practicable to avoid or diminish any loss covered under this insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION V — DEFINITIONS: 1. "Abduction" means the wrongful and illegal seizure of a "Covered Individual(s)", by someone other than a "Guardian(s)" or an agent thereof, from the "premises" of the insured or on any other premises while such "Covered Individual(s)" are under the control of the insured occurring during the policy period. "Abduction" as used in this endorsement does not include the actions of any official acting within their lawful authority. 2. "Covered Individual(s)" means individual(s) under the care, custody and control of the insured. 3. "Informant' means any person, other than a "Covered Individual', providing information not otherwise obtainable solely in return for a reward offered by the insured. 4. "Guardian(s)" means the natural and legal Parent(s) or legal and appointed Guardian, step-Parent(s) or foster Parent(s) of a "Covered Individual(s)" regardless of who has legal custody. 5. "Premises" means any place the insured conducts business. 6. "Ransom" means a consideration paid or demanded for the release of a "Covered Individual(s)" from captivity. Vill. Property Damage Liability — Elevators And Sidetrack Agreements The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Exclusions j. (3), (4) and (6) do not apply to the use of elevators. 2. Exclusion k. does not apply to: a. The use of elevators; or b. Liability assumed under a sidetrack agreement. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. IX. Designated Location(s)-General Aggregate Limit The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations at a single designated "location" shown in the Decla- rations: a. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or property damage" included in the "products -completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". CG MU 1078 12 20 Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 262 8.4.e c. Any payments made under COVERAGE A, for damages or under COVERAGE C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location" also shown in the Declarations. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which cannot be attributed only to operations at a single designated "location" shown in the Declarations: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Op- erations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location Aggregate Limit. 3. When coverage for liability arising out of the "products -completed operations hazard" is provided, any pay- ments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. 4. The following is added under SECTION V — DEFINITIONS "Location" means premises involving the same or connecting lots, or premises whose connection is inter- rupted only by a street, roadway, waterway or right-of-way of a railroad. 5. The provisions of LIMITS OF INSURANCE (SECTION III) not otherwise modified by this coverage shall continue to apply as stipulated. X. Property Damage Liability — Borrowed Equipment The following is added to Exclusion j. under Coverage A. (Section 1): Paragraph (4) of this exclusion does not apply to equipment which you borrow unless the "property damage" occurs while such equipment is being used by an insured at a job site. Subject to all of the terms of SECTION III — LIMITS OF INSURANCE, the maximum limit in any one occurrence is $25,000 and an annual aggregate of $50,000. This insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to you, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDI- TIONS 4. Other Insurance is changed accordingly. XI. Additional Insureds By Written Contract A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organ- ization that you are required to add as an additional insured to this policy by a written contract or written agreement that is: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury". B. The insurance provided to the additional insured applies as follows: 1. That person or organization is only an additional insured with respect to liability caused by your negli- gent acts or omissions at or from: (a) Premises you own, rent, lease, or occupy or (b) Your ongoing operations performed for the additional insured at the job indicated by written contract or agreement. 2. The limits of insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this policy whichever is less. These limits of insurance are inclusive of and not in addition to the limits shown in the Declarations. CG MU 1078 12 20 Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 263 8.4.e C. With respect to the insurance afforded these additional insureds, the following additional insured exclusion applies: 1. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings, designs or specifications; or (b) Supervisory, inspection, architectural or engineering activities. 2. The insurance afforded the additional insured does not apply to: (a) "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on the behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than the contractor or subcontractor engaged in per- forming operations for a principal as part of the same project. XII. Additional Insured — State or Political Subdivisions — Permits The following is added to SECTION II — WHO IS AN INSURED: 1. Any state or political subdivision which has issued a permit to you, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state, governmental agency or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of operations per- formed for the federal government, state or municipality; or (2) "Bodily injury' or "property damage" included within the "products -completed operations hazard". XIII. Additional Insured — Managers Or Lessors of Premises The following is added to SECTION II - WHO IS AN INSURED: 1. Any manager or lessor of premises shown in the Declarations is also an insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: The following exclusions are added: 1. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any man- ager or lessor of premises shown in the Declarations. XIV. Additional Insured — Lessor of Leased Equipment The following is added to SECTION II - WHO IS AN INSURED: 1. The person(s) or organization(s) who leases equipment to you for use in your business is also an insured, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. CG MU 1078 12 20 Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 264 8.4.e XV. Additional Insured — Broad Form Vendors The following is added to SECTION II - WHO IS AN INSURED: 1. Any person(s) or organization(s) (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance is also an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of a vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection; demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the dis- tribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a con- tainer, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub -Paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. This provision does not apply to any vendor included as an insured by an endorsement issued by us and made part of the Coverage Part. d. This provision does not apply if "bodily injury" or "property damage" included within the "products -com- plete hazards" is excluded either by the provisions of the Coverage Part or by endorsement. XVI. Employee Bodily Injury To A Co -Employee SECTION II- WHO IS AN INSURED paragraph 2.a.(1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co -"employee" or "volunteer worker" as a consequence of Paragragh (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. CG MU 1078 12 20 Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 265 8.4.e However, if a suit seeking damages for "bodily injury" or "personal and advertising injury" to any co -"employee" or other "volunteer worker" arising out of and in the course of the co -"employee's" or "volunteer worker's" em- ployment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co -"employee" or other "volunteer worker", is brought against you or a co -"employee" or a "volunteer worker", we will reimburse the reasonable costs that you incur in provid- ing a defense to the co -"employee" or "volunteer worker" against such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. XVII. Broad Knowledge/Notice Of Occurrence The following is added under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirement in condition 2.a. that you must see to it that we are notified of an "occurrence" or offense applies only when the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. If you report an accident to your Workers' Compensation insurance carrier which later develops into a liability occurrence, coverage for which is provided by this policy, failure to report such occurrence to us at the time of the accident shall not be a violation of the notification of loss condition in this policy (Condition 2. in Section IV). It is understood and agreed, however, that you shall give notification of such occurrence to us as soon as you are made aware of the fact that the particular accident has developed into a liability claim. XVIII. Unintentional Failure To Disclose Hazards Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 6. Representations is replaced by the following: By accepting this policy, you agree; 1. The statements in the Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this policy in reliance upon your representations; If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. CG MU 1078 12 20 Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 266 8.4.e XIX. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the paragraph 8. Transfer of Rights of Recovery Against Others To Us condition is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and include in the "products — completed operations hazard" when you have waived such right of recovery under a written contract with that person or organization. Such written contract must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury"; or 3. Executed after "bodily injury", "property damage", "personal and advertising injury" if: a. The terms and conditions of the written contract or written agreement had been agreed upon prior to the "bodily injury", "property damage", "personal and advertising injury"; and b. The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the "bodily injury", "property damage", "personal and advertising injury". XX. Insured Contract SECTION V — DEFINITIONS, "Insured Contract" paragraph 9.a. is replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'. XXI. Mobile Equipment The following is added under SECTION V — DEFINITIONS, 12. "Mobile Equipment": Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. CG MU 1078 12 20 Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 267 Permit 8.4.e FAC (Frances Anderson Center) PHONE:(425) 771-0230 700 Main Street FAX:(425) 771-0253 Edmonds, WA 98020 EMAIL:reczoneCbedmondswa.gov Organization Name Edmonds Chamber Of Commerce - 34 Customer Type Organization Organization Address 121 5th Ave North Edmonds, WA 98020 Agent Name Ryan Crowther System User Chris Brinton Taste of Edmonds'24 Booking Summary START DATE/TIME Aug 7, 2024 9:00 AM Aug 8, 2024 9:00 AM Aug 9, 2024 9:00 AM Aug 10, 2024 9:00 AM Aug 11, 2024 9:00 AM Aug 12, 2024 9:00 AM START DATE/TIME Aug 7, 2024 9:00 AM Aug 8, 2024 9:00 AM Aug 9, 2024 9:00 AM Aug 10, 2024 9:00 AM Aug 11, 2024 9:00 AM Aug 12, 2024 9:00 AM END DATE/TIME Aug 7, 2024 9:00 PM Aug 8, 2024 9:00 PM Aug 9, 2024 9:00 PM Aug 10, 2024 9:00 PM Aug 11, 2024 9:00 PM Aug 12, 2024 9:00 PM END DATE/TIME Aug 7, 2024 9:00 PM Aug 8, 2024 9:00 PM Aug 9, 2024 9:00 PM Aug 10, 2024 9:00 PM Aug 11, 2024 9:00 PM Aug 12, 2024 9:00 PM Permit # R5714 Status Approved Date Dec 19, 2023 9:06 AM Organization Phone 1 (425) 670-1496 Number Home Phone Number (425) 670-1496 Rental Fee $2,700.00 Discounts $0.00 Subtotal $2,700.00 Deposits $2,000.00 Deposit Discounts $0.00 Total Permit Fee $4,700.00 Total Payment $0.00 Refunds $0.00 Balance $4,700.00 6 resource(s) 36 booking(s) Subtotal: $4,700.00 ATTENDEE 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 AMT W/O TAX $0.00 Q N $0.00 C $0.00 N E d d $0.00 Q $0.00 d $0.00 LU N C O AMT W/O TAX E $0.00 W y $0.00 N O H $0.00 p N $0.00 C d $0.00 t v to $0.00 Q # R5714 Status Approved Packet Pg. 268 Resource level fees 8.4.e $ START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Aug 7, 2024 9:00 AM Aug 7, 2024 9:00 PM 1 $0.00 Aug 8, 2024 9:00 AM Aug 8, 2024 9:00 PM 1 $0.00 N = O Aug 9, 2024 9:00 AM Aug 9, 2024 9:00 PM 1 $0.00 -0 W Aug 10, 2024 9:00 AM Aug 10, 2024 9:00 PM 1 $0.00 N m Aug 11, 2024 9:00 AM Aug 11, 2024 9:00 PM 1 $0.00 1 06 Aug 12, 2024 9:00 AM Aug 12, 2024 9:00 PM 1 $0.00 Resource level fees $2,000.00 3 START DATE/TIME Aug 7, 2024 9:00 AM Aug 8, 2024 9:00 AM Aug 9, 2024 9:00 AM Aug 10, 2024 9:00 AM Aug 11, 2024 9:00 AM Aug 12, 2024 9:00 AM ShadeCivic Field Structure END DATE/TIME Aug 7, 2024 9:00 PM Aug 8, 2024 9:00 PM Aug 9, 2024 9:00 PM Aug 10, 2024 9:00 PM Aug 11, 2024 9:00 PM Aug 12, 2024 9:00 PM ATTENDEE 1 1 1 1 1 1 Center: Civic Field AMT W/O TAX $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 cC N N LL N Q N �y C! Q N d - (Park) N START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX r.+ N E Aug 7, 2024 9:00 AM Aug 7, 2024 9:00 PM 1 $0.00 N L Aug 8, 2024 9:00 AM Aug 8, 2024 9:00 PM 1 $0.00 Q r C Aug 9, 2024 9:00 AM Aug 9, 2024 9:00 PM 1 $0.00 d W Aug 10, 2024 9:00 AM Aug 10, 2024 9:00 PM 1 $0.00 Aug 11, 2024 9:00 AM Aug 11, 2024 9:00 PM 1 $0.00 Q N Aug 12, 2024 9:00 AM Aug 12, 2024 9:00 PM 1 $0.00 Civic Field N E 4) START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Q Aug 7, 2024 9:00 AM Aug 7, 2024 9:00 PM 1 $0.00 C Aug 8, 2024 9:00 AM Aug 8, 2024 9:00 PM 1 $0.00 d > W N Aug 9, 2024 9:00 AM Aug 9, 2024 9:00 PM 1 $0.00 '0 C O Aug 10, 2024 9:00 AM Aug 10, 2024 9:00 PM 1 $0.00 E W Aug 11, 2024 9:00 AM Aug 11, 2024 9:00 PM 1 $0.00 4; N m Aug 12, 2024 9:00 AM Aug 12, 2024 9:00 PM 1 $0.00 1 Iq N O N Deposit c m E EVENT RESOURCE DEPOSIT FEE CHARGE TAX AMOUNT PAID REFUNDS BALANCE t R Q # R5714 Status Approved Packet Pg. 269 Taste of Civic Field - Damage Edmonds'24 Grass Small Deposit Payment Schedules DUE DATE AMOUNT DUE Feb 12, 2024 $450.00 Jun 8, 2024 $4,250.00 Date: FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone@edmondswa.gov 8.4.e $2,000.00 $0.00 $0.00 $0.00 $ Original Balance: $4,700.00 Current Balance: $4,700.00 c z AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE _ $0.00 $0.00 $450.00 7 ILI $0.00 $0.00 $4,250.00 X: Date: Edmonds Chamber Of Commerce Customer Type: Organization Customer ID: 33758 Mailing Address: 121 5th Ave North, Edmonds, WA 98020 Organization Phone 1 Number: (425) 670-1496 Authorized Agent Name: Ryan Crowther Home Phone Number: (425) 670-1496 # R5714 Status Approved Packet Pg. 270 8.5 City Council Agenda Item Meeting Date: 03/19/2024 EPOA Commissioned Collective Bargaining Agreement 1/1/24 - 12/31/25 Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History Per RCW 41.56.100 the City has a duty to engage in collective bargaining with the exclusive bargaining representative and shall not refuse to engage in such bargaining. Per this requirement, the City has completed bargaining of the EPOA Commissioned Collective Bargaining Agreement for the contract term of January 1, 2024 through December 31, 2025. The collective bargaining agreement (CBA) has been settled within the parameters given by the City Council and the the EPOA has voted and approved the collective bargaining agreement. Staff Recommendation Approve the collective bargaining agreement (CBA) for the EPOA Commissioned bargaining unit. Narrative Below is a summary of the economic changes in the CBA: Agreed to a two year contract term January 1, 2024 - December 31, 2025 Language that attendees at the Basic Law Enforcement Academy (BLEA) do not get paid meal periods Changed overtime to increments of 30 minutes rather than increments of 15 minutes o Normal rounding applied. Added Juneteenth as a holiday o Increased holiday banks and holiday cashout to reflect the additional holiday Established sick leave accrual based on assigned shift o 10 and 12 hour shifts o This did not change cashout limits of sick leave Provided $300 per year contribution to HRA/VEBA o Based on the bargaining unit making a good faith effort to meet the annual participation requirements for the AWC Well City Award Take home vehicles are limited to a 30 mile radius unless approved by the Chief of Police January 1, 2024 the wage schedule shall be increased by 12.5% o Wage schedule for 1st class officers (those who have graduated academy and have at least 1 year of employment with the City) was changed from a 5 step progression to a 3 step progression. Results in officers moving to the top of the wage schedule in a shorter Packet Pg. 271 8.5 amount of time. Changed time in first step from 6 months to 1 year. Previous progression was 42 months to top out. New progression is 24 months to top out. January 1, 2025 the wage schedule shall be increased by 100% of the CPI-U for Seattle/Tacoma/Bellevue June to June with a floor of 2% and a cap of 5% Specialty Assignment added o TAC Officer (Training Academy Cadre) Removed 1% reduction in specialty assignment pay for those officers who have a take home vehicle as this will now be a department -wide benefit Out of class pay for First Class Officers must be for a full shift Out of class pay for Corporals occurs after 3 consecutive days or by personnel order Ancillary Duty Pay o Grouped Ancillary duty assignments based on training, exposure, risk, and time commitment. Assigned duty pay to each group o Increased the following from a 1% to a 2% differential § Emergency Vehicle Operations Course (EVOC) or Motorcycle Instructor § Drug Recognition Expert (DRE) § Firearms Instructors § Defensive Tactics/Patrol Tactics Instructors § Less Lethal Instructors o Established SWAT/Negotiators at a 4% differential o SMART was added as an ancillary duty Added Language Pay o Approved additional language skills that are required to be used on the job will be compensated at a rate of $300 per month. o Target languages include: American Sign Language, Spanish, Asian and Pacific Islander, Indo-European. (other languages as approved by the Chief of Police) Changed access to blood scan and treadmill tests from every 3 years to every other year. o If required by physician, a coronary calcium scan will be covered instead of a treadmill test Attachments: EPOA Commissioned CBA final clean Packet Pg. 272 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS' ASSOCIATION (Representing the Law Enforcement Commissioned Employees) JANUARY 1, 2024 THROUGH DECEMBER 31, 2025 Page 1 of 68 Packet Pg. 273 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a TABLE OF CONTENTS ARTICLE I RECOGNITION, ASSOCIATION MEMBERSHIP & PAYROLL DEDUCTION- PAGE 3 ARTICLE II GENDER - PAGE 4 ARTICLE III ASSOCIATION RIGHTS- PAGE 4 ARTICLE IV HOURS OF WORK, OVERTIME AND CALLBACK- PAGE 5 ARTICLE V PROBATIONARY PERIODS, SENIORITY- PAGE 10 ARTICLE VI WAGES - PAGE 11 (also see Appendix "A") ARTICLE VII HOLIDAYS - PAGE 11 ARTICLE VIII VACATIONS - PAGE 12 ARTICLE IX LEAVES - PAGE 14 ARTICLE X INSURANCE - PAGE 18 ARTICLE XI UNIFORMS AND EQUIPMENT - PAGE 20 ARTICLE XII MISCELLANEOUS - PAGE 23 ARTICLE XIII NO STRIKE PROVISION - PAGE 25 ARTICLE XIV DISCHARGE OR SUSPENSION - PAGE 25 ARTICLE XV GRIEVANCE PROCEDURE - PAGE 25 ARTICLE XVI SAVINGS CLAUSE- PAGE 27 ARTICLE XVII DURATION - PAGE 28 ARTICLE XVIII ENTIRE AGREEMENT- PAGE 28 APPENDIX "A" - PAGE 29 APPENDIX `B" - PAGE 36 APPENDIX "B-1" - PAGE 44 APPENDIX "C" - PAGE 45 APPENDIX "D" - PAGE 48 APPENDIX "E" —PAGE 50 APPENDIX "F"- PAGE 59 Page 2 of 68 Packet Pg. 274 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS' ASSOCIATION JANUARY 1, 2024 THROUGH DECEMBER 31, 2025 (Representing the Law Enforcement Commissioned Employees) THIS AGREEMENT is by and between the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS' ASSOCIATION, hereinafter referred to as the Association. ARTICLE I. RECOGNITION, ASSOCIATION MEMBERSHIP & PAYROLL DEDUCTION 1.1 Recognition — The Employer recognizes the Association as the sole collective bargaining representative for all fully commissioned law enforcement officers of the City of Edmonds, Washington Police Department excluding the Chief of Police, Assistant Police Chiefs, Secretary to the Chief of Police, Supervisors, confidential employees and all other employees of the Employer. 1.2 Association Membership — The Employer recognizes that members of the bargaining unit may, at their discretion, become members of the Association. 1.2.1 Temporary Employees shall work under the terms of this Agreement and may, at their discretion, become members of the Association. 1.3 Payroll Deduct — Upon written authorization from the Association to the Employer that an employee in the bargaining unit has authorized the Association to deduct membership dues, the Employer shall deduct from the wages of that employee the sum certified as assessments and monthly dues of the Association and shall forward such sum to the Association except that all deductions for the above items must be uniform and regular to accommodate the monthly machine processed payroll., The Association shall indemnify, defend and hold the Employer harmless against any claims made and against any suit instituted against the Employer on account of any check -off of dues for the Association. The Association shall refund to the Employer any amounts paid to it in error on account of the check -off provision upon presentation of proper evidence thereof. 1.4 Cancellation — An authorization for payroll deduction may be cancelled upon written notice to the Association before the 15ffi day of the month in which the cancellation is to become effective, subject to the provisions of this article. 1.5 Association Notification — Within fifteen (15) days from the date of hire of a new Employee, the Employer shall notify the Association of the person's name and contact information and allow the Association the opportunity to meet with the employee as required by law. The Employer shall promptly notify the Association of all Employee's leaving its employment. Page 3 of 68 Packet Pg. 275 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a ARTICLE 11. GENDER 2.1 Wherever the words Employee or Employees are used in this Agreement, they are intended and shall be construed to be gender neutral. ARTICLE III. ASSOCIATION RIGHTS 3.1 Association Officials Time -Off — An Association Official who is an Employee in the Bargaining Unit (Association Board Officer, Negotiation Team Member and/or Shop Steward as appropriate to the specific activity) shall be granted a reasonable amount of release time if on duty while actually conducting contract negotiations, contract administration or discipline representation with the Employer on behalf of the Employees in the Bargaining Unit or actually engaged in preparatory meetings for said activities with the Employee. This does not include research and other preparation activities not specifically enumerated and provided: o They notify the Employer at least forty-eight (48) hours prior to the time -off, o The Employer is able to properly staff the Employee's job duties during the time- off, o And the wage cost to the Employer is no greater than the cost that would have been incurred had the Association Official not taken time -off. When Association activities, as enumerated above, must be scheduled during an Association Official's off duty hours, adjustments may be made to the Official's regular schedule on an hour for hour (straight time) basis or the employee may be compensated at the straight time hourly rate of pay on an hour for hour basis per the discretion of the employee provided that the employee's choice does not result in any overtime impacts. Additionally, the Employer shall allow two (2) delegates from the EPOA up to nine (9) work days per year of aggregate leave per delegate to attend each meeting of the Washington State Council of Police (WACOPS); provided that time spent in such endeavors is approved by an ACOP and shall not be considered compensable time within the meaning of the FLSA and; provided that such delegates pay all of their own expenses in attending the above meetings. 3.2 Association Investigation and Visitation Privileges — The Labor Representative of the Association, with the permission of the Department Head or designee, may visit the work location of Employees at any reasonable time and location for the purpose of investigating Grievances. Such Representative shall limit activities during such investigations to matters relating to this Agreement; provided however, the Labor Representative shall not interfere with the operation or normal routine of any department. 3.3 Bulletin Boards — The Employer shall provide suitable space for a bulletin board to be used exclusively by the Association. 3.4 Use of Equipment — Bargaining Unit Officials may make occasional but limited use of City owned/operated communication resources (telephone, facsimile, voice mail, electronic mail, Page 4 of 68 Packet Pg. 276 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a copier, computer) for communications; specifically, incidental or minimal use is permitted. Incidental or minimal use is that which is both brief in duration and accumulation and does not interfere with or impact the conduct of official City business due to volume, frequency or impedes Employee's performance of their official duties. In no event will the Association use the City communications resources for internal Association business beyond that permitted for minimal use or for any political use. 3.5 Association Office Space — The City agrees to provide limited office space in the Public Safety Building that may be used for EPOA business. Such space may be revoked by the City in its sole discretion, or the EPOA may be required to move to a different location based upon the needs of the Department. Documents that the EPOA expects to remain confidential must be kept in a designated, locked file cabinet owned by the EPOA. The office space itself must remain open for Department use, when not being used for EPOA business. The EPOA will exercise reasonable care in the use of the office space. The EPOA may use Department owned furnishings as available subject to immediate need by Department personnel for City business. ARTICLE IV. HOURS OF WORK, OVERTIME AND CALLBACK 4.1 The workweek shall be comprised of three (3) or more consecutive days ON duty and two (2) or more consecutive days OFF duty. The sum total of time worked shall not exceed forty (40) hours per week based on an annual average. Officers assigned to patrol will work a four (4) days ON and four (4) days OFF (4/4), twelve (12) hour schedule. Specific shift configurations (to include shift hours and days on/days off rotation) shall be as agreed between the Employer and the Association. FLSA 7(k) work period is mutually agreed to be twenty eight (28) days except for patrol working twelve (12) hour shifts shall be twenty four (24) days. 4.1.1 A workday shall normally include the following based on shift hours: Shifts of 8 hours: One (1) thirty (30) minute meal period Two (2) fifteen (15) minute rest periods Shifts of 10 hours: One (1) forty-five (45) minute meal period Two (2) fifteen (15) minute rest periods Shifts of 12 hours: One (1) forty-five (45) minute meal period Three (3) fifteen (15) minute rest periods All Employees shall be subject to immediate call during meal and rest periods for which no overtime or additional compensation shall be paid. An Employee recalled to work from a meal or rest period shall be entitled to an additional rest period. Employees working at the Law Enforcement Academy shall not receive a paid meal period as they are not subject to immediate call; provided, if such Employee is required to work through a meal period they will be compensated at the overtime rate. Page 5 of 68 Packet Pg. 277 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 4.1.2 Scheduling of K-9 Officers — K-9 Officers will be scheduled on a forty (40) hour per week basis utilizing a four (4) day per week, ten (10) hour per day schedule. 4.2 Overtime — Overtime shall be that time worked in excess of the scheduled hours of work which shall be compensated at the rate of one and one-half (1.5) times the Employee's regular straight time hourly rate of pay. 4.2.1 Call Back —The Employee is considered to be on paid status upon being ordered back to work (i.e. notification of a call out) and off paid status when leaving the police facility or other Employer designated work site. In the case of pre -scheduled meetings, court appearances and other scheduled events, paid status commences at the time scheduled for the event and ends when the event is over but at no time less than the three (3) hour minimum as described later in this Section. Employees ordered to report back to duty after going home after their regular shift, or ordered to report back to work on their day off, including time required to be spent in court, either as a witness or in assistance on another officer's case, or in attendance at department meetings shall be guaranteed three (3) hours at the rate of one and one-half (1.5) times the Employee's regular straight time hourly rate of pay. In the event an Employee is not notified by 12:00 noon forty eight (48) hours prior to a scheduled or subpoenaed Court appearance on a regularly scheduled day off that such an appearance is not necessary, the Employee shall be guaranteed two and one-half (2.5) hours at the Employee's regular straight time hourly rate of pay. If the employee is assigned to graveyard, and the Court appearance is scheduled during their work week, they will be notified before the end of their shift prior to the Court appearance. Employees ordered to report back to work on a prescheduled day off (Kelly day, compensatory time, holiday time, or vacation day) shall be provided additional compensation of straight time compensatory time or straight time overtime equivalent to 50% of the hours worked on that day. As an example, an employee has a prescheduled 12 hour vacation day and gets called in to work. The employee works 6 hours. The employee would utilize 6 hours vacation time on that day, and would be paid 6 hours regular time, plus would receive an additional 3 hours straight time comp time or straight time paid time for being called in. Employees assigned to graveyard who have a court appearance scheduled for the same day following a graveyard shift shall be allowed, except as precluded as described below, to use compensatory time to schedule six (6) hours off the shift immediately before or after a court appearance. If an employee takes compensatory time in accord with this paragraph, the employee shall have a corresponding amount of straight time compensatory time used reinstated to the employee's compensatory time bank, not to exceed six (6) hours for each incident. An employee's supervisor may deny a request for compensatory time off if the request results in staffing falling below minimum staffing and in the opinion of the supervisor falling below minimum staffing leads to unsafe working conditions. This benefit is intended to allow graveyard employees the ability to be rested for court testimony/duty and is not intended to replace or inhibit the compensation provided above. Page 6 of 68 Packet Pg. 278 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 4.2.2 All approved overtime shall be compensated in increments of thirty (30) minutes. Overtime shall be rounded up using normal rounding process so that the major portion of thirty (30) minutes will be paid as a full thirty (30) minutes. 4.2.3 However, if an employee is on vacation, and regardless of the shift needing to be covered, and absent being called back to duty involuntarily, no overtime shall be earned. If an employee choses to voluntarily cover a shift during previously scheduled vacation, those hours worked will be credited back to that employee's vacation hour bank. Should the employee voluntarily work an overtime shift that falls on what would be a regularly scheduled day off, even if in-between scheduled vacation days, then the employee will be compensated in accordance with section 4.2. 4.3 Shift Bid - For the purpose of this contract, the term "Squad" means one of four patrol groups, referred to as blue days (A), blue graves (B), silver days (C), silver graves (D). Squad assignment bid will be open from September 1st and close on or about October 1". A shift bid schedule shall be posted on the briefing room bulletin board. The schedule shall consist of a roster of Sergeants, Corporals, Officers listed in order of seniority. Employees will be allowed to rank each shift per trimester. Squads will be assigned by order of seniority. Employees shall be notified of the result of the bid on or about October 15. For the purpose of this Section "on or about" shall mean not to exceed three (3) days. Bid results may be subject to change due to events such as promotion, specialty assignment rotation, resignation or other good cause. When selecting a shift assignment, Officers should keep in mind the needs of the department. The following restriction shall apply to Officers during the bidding process: Traffic Officer: There will normally be only one Traffic Officer assigned per squad, and shift bidding will be by seniority. If, however, there are more Traffic Officer's assigned to a squad, the "extra" night Traffic Officer shall bid for squad based on seniority. Officers Receiving Language Incentive: No more than two Officers receiving language incentive of a common language may bid for the same squad. The Chief of Police or their designee may waive this restriction at the request of the effected Officers. Sergeants and Corporals are not counted towards Officers assigned to shifts for this restriction. Officers assigned to NSM SWAT: No more than two Officers assigned to NSM SWAT may bid for the same squad. The Chief of Police or their designee may waive this restriction at the request of the effected Officers. Sergeants and Corporals are not counted towards Officers assigned to shifts for this restriction. Any Employer initiated change to an Employee's previously assigned bid shift will require fourteen (14) day prior notification to the Employee. Any change to an Employee's previously assigned bid shift with less than fourteen -day (14) notice will result in the Employee receiving compensation at the rate of one and one-half (1.5) times the Employee's regular straight time hourly rate of pay from the date of the change through the fourteenth (14th) day. The fourteen Page 7 of 68 Packet Pg. 279 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a (14) day notification and the one and one half (1.5) times regular straight time hourly rate of pay requirement may be waived by the Employee or the Association on behalf of the Employee. The fourteen (14) day notification request will not apply in the case of a bona fide emergency or other good cause. 4.3.1 There will normally be only one Sergeant assigned per squad, and shift bidding will be by seniority in rank. If, however, there are more Sergeants assigned to the Patrol Division than there are squads, the "extra" Sergeant shall bid for squads based on seniority in rank. There will normally be only one Corporal assigned per squad, and shift bidding will be by seniority in rank. If, however, there are more Corporals assigned to the Patrol Division than there are squads, the "extra" Corporal shall bid for squads based on seniority in rank. 4.4 Training 4.4.1 Required Training — Required training as determined by the employer done on a regular duty day shall be done on a basis of shift adjustment whenever possible. Required training that occurs on a day off for the employee shall either be paid as overtime at the time and one-half (1.5) rate or with compensatory time -off at the time and one-half (1.5) rate, subject to Article IV at the discretion of the employee. 4.4.2 Non -Required Training — Shall be allowed at the sole discretion of the Employer. Any time accrued in furtherance of non -required training shall be paid at the straight -time hourly rate of pay, but with the concurrence of both the Employer and Employee, it may be accrued at the hourly rate with compensatory time -off on an hour -for -hour basis, subject to Article IV. 4.4.3 Training While On -Duty - If scheduled training occurs while on duty and consists of eight (8) hours or more; the hours of training shall constitute an entire workday, regardless of the Employee's hours of duty. While attending training on duty and the hours of instruction are less than eight (8) hours, the Employee has the option of returning to work or using leave time of their choice to complete their shift. 4.5 The utilization of any compensatory time accrued shall be at the Employee's option; provided, however, that the scheduling of holiday time accrued pursuant to Article VII and the compensatory time off under this Article shall create no undue hardship to the Employer nor shall it interfere with previously scheduled vacations An undue hardship is defined as the City being required to pay more than one employee overtime to allow for time off to be granted and still maintain minimum staffing levels. Page 8 of 68 Packet Pg. 280 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a 4.5.1 Requests to schedule compensatory or holiday time shall be made not less than fourteen (14) days in advance of the requested date, provided, however, that compensatory time may be scheduled with less than fourteen -day (14) notice only when the request would not require the Employer to call another Employee to work in order to meet minimum staffing requirements, provided further that an Employee requesting compensatory time with less than fourteen -day (14) notice shall be allowed the time off if the Employee arranges for a volunteer replacement. Whether the substitute Employee works at the request of the Employer or at the request of another Employee, overtime will be paid. Accumulation of compensatory time shall be limited to a maximum accrual of sixty (60) hours at any one time, Any hours accrued in excess of the maximum shall be paid to the Employee at the next regularly scheduled pay period. 4.5.2 Probationary employees may accrue compensatory time pursuant to terms of this agreement, provided however such accrued compensatory time may only be utilized when the employee is no longer in probationary status. 4.5.3 The following formula shall address "minimum staffing" as it relates to Employees' ability to be approved for time off. Between 0600 and 1800 hours, a Supervisor plus four (4) Officers [total of five (5)] Between 1800 and 0600 hours, a Supervisor plus four (4) Officers [total of five (5)] Officers assigned to the following specialty units shall be included in minimum staffing as follows: • Traffic Car • K9 PSET — Shall not be routinely considered as part of minimum staffing. However, should circumstances arise that are non -routine (e.g. large scale event, patrol officers scheduled for partial day training such as range, annual in-service training) the PSET will assist the on -duty patrol squad with routine calls until such time as the event has subsided. In an effort for consistency the following shall apply for implementing time off requests: o Employees shall contact their shift Supervisor if available. In the event that their shift Supervisor is not available then the Employee shall contact the "on -duty" shift Supervisor. o On -duty Supervisor will check the schedule and determine if staffing minimums allow for the time off request to be approved. o If approved, the on -duty Supervisor shall document the time off request on the schedule and on the Turn -over log. Page 9 of 68 Packet Pg. 281 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a o In addition, the on -duty Supervisor shall send an e-mail to "all" Sergeants and Corporals to provide for proper communication of the staffing change. It will be the responsibility of the Employee to provide as much notification as possible. Requests submitted less than twelve (12) hours prior to the start of a shift, may be denied by a Supervisor. While actually at work an Employee will be granted requested time off during that shift if minimum staffing levels are met as described above and there are no critical incidents that would require additional staffing at that time. Staffing minimums shall be increased during July 4th and December 31St by one (1) officer, without requiring any overtime coverage to meet those minimums. 4.6 In order to emulate an average of 2080 hours worked on an annual basis, Employees assigned to any given number of shift hour patrol schedules, will receive the appropriate number of "Kelly" days per year. It is the understanding of the parties that the contract work schedules are FLSA compliant. The term "Kelly" days or time is used for convenience and is not an indication that adjustments are required within the work period to avoid FLSA overtime thresholds. "Kelly" days will be accrued in a bank of hours. o Shifts of twelve (12) hour duration receive twelve (12) "Kelly" days totaling a bank of one hundred forty-four (144) hours in the bank. a) Forty-eight (48) hours per trimester will be credited to the bank. b) On a pro rata basis this will equate to twelve (12) hours per month. c) Employees shall use twenty-four (24) hours per trimester or shall be subject to forfeit those hours not used. d) Twenty-four (24) hours may be carried over each trimester. e) Up to seventy-two (72) hours may be cashed out annually. Each year, on or before June 30th, employees may cash out up to thirty-six (36) hours of unused and unscheduled "Kelly" hours. On or before October 30, employees may cash out an additional thirty-six (36) hours of unused and unscheduled "Kelly" hours. These hours shall be repurchased by the Employer at the Employee's regular straight time hourly rate of pay. This repurchase will be in the form of direct deposit or a separate check, separate from the Holiday repurchase. Employees are responsible for monitoring their "Kelly" hour balances and planning use of "Kelly" hours to avoid "use it or lose it" scenarios. In order to facilitate the final cash out prior to the end of the year, employees shall schedule any hours they intend to utilize as time off no later than October 31 st of each calendar year. The maximum "Kelly" hour buy-back in any six (6) month period is thirty-six (36). ARTICLE V. PROBATIONARY PERIODS, SENIORITY 5.1 Probationary periods upon initial appointment shall not exceed one (1) year beyond graduation from the Basic Law Enforcement Academy except as provided in Section 10.5 of the Civil Service Page 10 of 68 Packet Pg. 282 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a Rules and Regulations. Probationary periods for lateral hires and those receiving Promotions shall not exceed one (1) year beyond the date of hire or promotion except as provided in Section 10.5 of the Civil Service Commission Rules and Regulations. Any probationary period shall be extended automatically for the number of work days equal to the number of work days an Employee was absent in excess of ten (10) work days during the probationary period. In the event that the Employer requests the Civil Service Commission to extend an Employee's probation period, the Association will receive a copy of the notification provided to the Employee of said action. 5.2 "Seniority" as used in this Agreement shall accrue from an Employee's seniority date which shall be the Employee's first date of eligibility with the fully commissioned law enforcement employees bargaining unit, provided that Employees who return from layoff or period of disability, as provided in the Civil Service Rules and Regulations, shall retain the seniority held prior to the layoff or period of disability. In the event of promotion out of the bargaining unit, or demotion or reversion back into the bargaining unit, the employee will retain their original seniority held prior to leaving the bargaining unit. 5.2.1 In the event an Employee returns following a break in service, the Employee shall retain the seniority the Employee had accrued prior to the break in service. A break in service occurs when an Employee's employment relationship ends. No seniority shall accrue while an individual is on a reemployment Civil Service list. Seniority includes time spent in any leave status, including leaves without pay. 5.2.2 "Seniority by rank" as used in this Agreement shall accrue from the effective date of promotion to the Employee's current rank. 5.3 The Employer shall provide the Association with a list of all current Employees of the Bargaining st Unit with their respective seniority dates on July 1 of each year and shall post a copy of same on the Association bulletin board. 5.4 Preference in vacation scheduling and extra days off shall be administered in accordance with seniority as provided in Section 8.2 below. 5.5 An Employee shall lose all seniority in the event of discharge or voluntary termination. ARTICLE VI. WAGES 6.1 The classification of work and the corresponding rates of pay covered by this Agreement shall be as set forth in APPENDIX "A" which by this reference is incorporated herein as if set forth in full. ARTICLE VII. HOLIDAYS 7.1 The following days shall be recognized holidays: New Year's Day January 1 Martin Luther King Day Third Monday of January Washington's Birthday Third Monday of February Page 11 of 68 Packet Pg. 283 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a Memorial Day Last Monday of May Juneteenth June 19 Independence Day July 4 Labor Day First Monday of September Veteran's Day November 11 Thanksgiving Day Fourth Thursday of November Friday following Thanksgiving Day Christmas Eve December 24 Christmas Day December 25 7.1.1 All Employees shall be paid for all such holidays regardless upon which day in the week the holiday shall fall. Each day consists of ten (10) hours. This pay shall be in the form of a holiday bank equal to one hundred twenty (120) hours. If any work is performed by such Employee on such holiday, additional compensation at the overtime rate shall be paid, in addition to the day off at a later date. If overtime is worked on a holiday, straight time comp time equivalent to the number of overtime hours worked will also be given in addition to applicable overtime. No Employee shall be called to work on such a holiday for less than a minimum call -out time and rate. Employees scheduled to work Monday through Friday 8 hour days, Monday through Thursday 10 hour days, or Tuesday through Friday 10 hour days shall observe holidays which fall upon a Saturday on the proceeding scheduled Friday workday and any holidays which fall upon a Sunday on the following scheduled Monday workday. If a holiday occurs during an Employee's vacation, the Employee shall receive the holiday on a later mutually scheduled date. 7.2 Holidays shall be scheduled in accordance with the provisions of Section 4.5.1. st 7.3 On or before December 1 of each calendar year, all unused and unscheduled "Holiday" hours, up to and including ninety-six (96) hours shall be repurchased by the Employer at the Employee's regular straight time hourly rate of pay. This repurchase will be in the form of direct deposit or a separate check, separate from the Kelly hours repurchase. Employees are responsible for monitoring their "Holiday" hour balances and planning use of "Holiday" hours to avoid "use it or lose it" scenarios. Any hours in excess of ninety-six (96) shall be scheduled by the st Employee prior to October 31 of each calendar year. Any scheduled but remaining unused holiday hours still in the employee's bank on December 31 of each year shall be forfeited without any additional compensation. However, if the employer requires an employee to cancel a prescheduled holiday off during November or December, upon written approval of the Division's Assistant Chief, the holiday may be carried over to be used within 60 days of the new calendar year. ARTICLE VIII. VACATIONS 8.1 All regular full-time Employees shall receive vacation with full pay annually in accordance with the following: YEARS OF EMPLOYMENT HOURS OF VACATION After First 6 months 48 hours Second 6 months 40 hours additional 2 through 4 years 96 hours Page 12 of 68 Packet Pg. 284 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a 5 through 10 years 136 hours 11 through 15 years 176 hours 16 through 19 years 188 hours 20 through 24 years 200 hours 25 years and thereafter 216 hours Note: All accrual days are based on an eight (8) hour day. 8.2 In order to make provisions for timely vacation schedules, all Employees shall bid for vacations. Preference in bidding for vacation scheduling and extra days off shall be administered in accordance with seniority, as defined in Section 5.2. Employees who request a position transfer may be subject to losing their previously bid vacation. Vacation bidding for January through December shall open on or about October 15 and close on November 15 and shall be open for thirty (30) days. The Assistant Chief of Police — Field Services shall award vacation bids for the patrol unit, the traffic unit, and the K9 unit as a whole and pursuant to minimum staffing requirements (section 4.5.3). Notification will be provided on or about December 1. For the purpose of this Section, "on or about" shall mean not to exceed three (3) days. Pursuant to the December bidding process, and in an effort to account for officers who may be scheduled for training, be sick or injured, and to allow for the utilization of Holiday, Compensatory and Kelly hours, the number of officers awarded vacation shall not exceed that which would result in staffing being less than minimum plus one (1). Vacation requests made following the annual vacation bid approval will be on a first come first served basis for the remainder of the bid year. 8.3 Should an Employee terminate employment, having completed no less than six (6) months employment, the Employee shall receive pro rata vacation pay. 8.4 The maximum vacation leave carry-over from one calendar year to the next shall be limited to two (2) years' worth of accumulated leave at the Employee's current accrual rate. An Employee who st has reached the maximum accrual level may continue to accrue vacation until December 31 , at which time any vacation accrued in addition to the maximum carry-over will be forfeited, provided that the maximum accrual subject to cash -out upon separation shall be four hundred and thirty two (432) hours, provided further that this limitation shall not apply when the separation is caused by unanticipated events such as death, disability, illness, involuntary discharge or similar circumstances. Employees are responsible for monitoring their vacation balances and planning vacation to avoid "use it or lose it" scenarios. Where the Employee has failed to appropriately manage their vacation balances, the Employer need not incur overtime to avoid forfeiture. 8.5 In the event scheduling in Superior Court necessitates the appearance of an Employee during the Employee's previously scheduled vacation time that Employee shall be offered the opportunity of rescheduling vacation at a time mutually convenient to the Employee and the Employer as Page 13 of 68 Packet Pg. 285 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a determined by the Chief of Police. Once vacation has been approved and the affected Employee has incurred non-refundable or unusable expenses in planning for the same, the Employee shall be reimbursed by the City for those expenses. Upon request, the Employee shall assign any tickets or other benefits to the City for which reimbursement is made. Any Employee called back to duty for any reason once the vacation has begun shall be reimbursed for round trip transportation costs involved in returning for duty. Reimbursement for travel shall be made on the same basis as the original mode of transportation. If applicable, mileage shall be paid at the approved IRS rate. For the purposes of this Section "vacation" shall include leave of absence, bereavement leave or compensatory time off, including regularly scheduled days off, immediately preceding or following any of the aforementioned time off. ARTICLE IX. LEAVES 9.1 Sick Leave — All LEOFF II Employees shall receive sick leave accruals under Section 9.1.6, including a one thousand (1,000) hour maximum annual carryover, accrued at the rate of ten (10) or twelve (12) hours per month based on the Employee's assigned shift length. Sick leave accrued but not taken from one (1) hour to four hundred (400) hours shall be converted to pay at the Employee's regular rate of pay in effect at the date of termination and on the basis of the following schedule: With two (2) week notice — Honorable voluntary quit - 25% of hours accrued. Termination by City layoff — 25% of hours accrued. Termination for Retirement — 50% of hours accrued. Sick leave accrued but not taken from four hundred one (401) hours to eight hundred (800) hours shall be converted to pay, upon honorable termination of any nature, for fifty percent (50%) of hours accrued at the Employee's regular rate of pay in effect at the date of termination. At the Employee's option, sick leave accrued but not taken from four hundred one (401) hours to eight hundred (800) hours may be converted to vacation time, on the basis of one (1) hour for every two (2) hours accrued or fifty percent (50%), to be used prior to the Employee's termination date. Hours accrued from eight hundred one (801) hours to one thousand (1,000) hours are not eligible for compensation or conversion. After the employee exceeds 900 hours they have the ability to convert the hours (back to a minimum of 900 hours) at a ratio of one (1) hour for every two (2) hours accrued or fifty percent (50%). The maximum sick hours an employee can sell back is 48 hours, which will convert to 24 hours of vacation. The conversion will occur at the second paycheck in January. The converted hours will be added to the employee's vacation bank. For example an employee at 1000 hours could sell back 48 hours and place 24 hours into their vacation bank. Employees who terminate based on a disability may elect to either receive one hundred percent (100%) of the unused sick leave balance or remain in a paid status until the sick leave is exhausted. For the purposes of this section 9.1, retirement, in addition to its usual meaning, shall include those employees with twenty (20) or more years' service credit within the LEOFF II system who choose Page 14 of 68 Packet Pg. 286 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a to end employment with the City on a voluntary, honorable basis, even though the Employee has not yet attained regular retirement age, as defined by LEOFF. 9.1.1 Accrued sick leave may be used only for: A. Absences resulting from an employee's mental or physical illness, injury, or health condition; to accommodate the employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employees' need for preventative care; and B. To allow the employee to provide care for a family member with a mental or physical illness, injury, or health condition; care for a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventative medical care; and C. When the employee's place of business has been closed by order of a public official for any health -related reason, or when an employee's child's school or place of care has been closed for such a reason; and D. For absences which qualify for leave under the domestic violence leave act. E. Other circumstances if authorized by the Chief of Police. For the purposes of sick leave usage under this policy, "family member" is defined as • A child, including biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status; • A biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; • A spouse; • A registered domestic partner; • A grandparent; • A grandchild; • A sibling. At their election, Employees may use other accrued paid leave in place of or in addition to sick leave for any of the purposes described above. 9.1.2 Item (E) shall be subject to prior approval of the Chief of Police and shall be granted for the period of time required to meet the emergent situation considering all the circumstances such as distances involved, degree or kinship, etc. 9.1.3 The certificate of a doctor and/or written report concerning the need for the sick leave may be required by the Employer when an Employee is absent for a period in excess of four (4) Page 15 of 68 Packet Pg. 287 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a days or based upon an individualized suspicion of sick leave abuse and, if so required, shall be supplied by the Employee in order to qualify for sick leave with pay. Unreasonable Burden or Expense for Verification If the employee believes that obtaining verification for use of paid sick leave would result in an unreasonable burden or expense, they must contact Human Resources orally or in writing by completing the "Employee Verification for Authorized Use of Accrued Paid Sick Leave" form and submit the form to their department for processing. The employee should indicate that the absence is for an authorized purpose and explain why verification would result in an undue burden or expense. If the Employee chooses to provide this information in writing rather than orally, the employee may complete the "Employee Verification of Authorized Use of Paid Sick Leave Form" found on the Human Resources webpage or provided by the employee's supervisor, or the employee may send an email to Human Resources which provides the same information. Within ten (10) calendar days of receiving the employee's request, Human Resources will work with the employee to identify an alternative for the employee to meet the verification requirement in a way that does not result in an unreasonable burden or expense. The City has the option to withhold sick leave payment for days taken in excess of three (3) consecutive days until verification is provided. The employee has the right to contact the Mayor if the employee believes the proposed final alternative still results in an unreasonable burden or expense. If an employee is not satisfied with the City's final alternatives, they may consult with the Washington State Department of Labor and Industries. 9.1.4 In addition to the requirements herein, sick leave shall be granted and/or used in accordance with applicable laws. 9.1.5 In the event of death of the Employee, payment for all unused sick leave up to one thousand (1000) hours shall be made to the surviving spouse or domestic partner or to the employee's estate if there is no spouse, at the Employee's regular straight time hourly rate of pay. 9.1.6 All Employees hired will accrue sick leave at the rate of ten (10) or twelve (12) hours per month, based on the Employee's assigned shift length, commencing with the date of hire. In the event of significant job related injury or illness to the Employee which is approved as a claim by Washington State Labor and Industries (L & I), the Employee may at the Employee's option be placed on sick leave, and accrued sick leave (or if insufficient sick leave, then other paid leave) shall be utilized. In turn, the Employee shall sign over all payments received from L & I that relate to time loss from the Employer. The Employer will provide a sick leave supplement / "buy-back" for the affected Employee pursuant to RCW Title 41 LEOFF Supplement. Page 16 of 68 Packet Pg. 288 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a 9.2 State Paid Family and Medical Leave Act (PFML) — Employees are eligible for paid family and medical leave consistent with the state PFML. The premium costs for leave shall be split so that the Employer shall pay 50% of the premium and the employee shall pay 50% of the premium, 9.3 Jury Leave — Necessary leave shall be allowed by the Employer to permit any Employee to report for jury duty or to serve as a member of a jury. The Employee shall receive from the Employer as compensation during this leave period regular salary. The Employee shall sign over to the Employer compensation received from the Courts for jury duty and remain on full paid status. 9.4 Bereavement Leave — In the event of a death in the "immediate family" of an Employee, the Department Head shall upon request grant the Employee bereavement leave with pay. The maximum number of workdays granted shall be three (3); provided however, in the event of unusual circumstances or if travel is required to attend a funeral, additional time not to exceed three (3) days may be granted. Such additional leave shall be deducted from the Employee's sick leave account. The term "immediate family" shall include: o Spouse or domestic partner and children, including step children of the Employee; o Mother, Father, Brother, Sister of the Employee or spouse; o Grandparents of the Employee or spouse; o Grandchildren. 9.5 Leaves of Absence — If approved by the Employer, non -probationary (permanent) Employees may take up to six (6) months leave of absence without pay. Such leaves shall not constitute a break in service but no benefits shall accrue during the leave of absence. See guidance in section 5.1 regarding Break in Service and Seniority. 9.6 Light -Duty — In the event a LEOFF II Employee suffers an illness or injury that prevents the Employee from performing their full range of duties for a period in excess of two (2) weeks, light - duty shall be assigned as authorized by the treating doctor pursuant to the terms outlined in Article 9.6.3. 9.6.1 Work Assignments — Light -duty status shall include work assignments within the Police Department that the Employee is released to perform by the Employee's treating doctor until a full release for return to work is authorized. 9.6.2 Rate of Pay / Required Duty — Employees assigned light -duty status shall be paid at one hundred percent (100%) of their normal rate of pay. Employees shall work a forty (40) hour workweek schedule as determined by the Employer. Employees may work less than 40 hours per week (including partial days) if so ordered by the treating doctor. A forty (40) hour or less schedule includes changes to benefit calculations such as Kelly Hours. 9.6.3 Duration — A LEOFF II Employee with a favorable prognosis for return to full duty by the treating doctor will be assigned light -duty for a maximum period of three hundred thirty six (336) hours unless the Employee is earlier able to resume a full range of duties. The three hundred thirty six (336) hour period includes both full days and partial days on a prorated basis when required by the treating doctor. Such period may be extended upon mutual written agreement of Page 17 of 68 Packet Pg. 289 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E the Employer and the Association on behalf of the Employee when the medical prognosis of the Employee being able to return to full Employment within a reasonable period of time is received by the Employer. 9.6.4 Medical Reinstatement List & Effective Life of List — Names on Civil Service Commission's (CSC) Medical Reinstatement List for a class of Employee shall be in order of separation to be established by the Commission. Names of Employees on the Medical Reinstatement List shall be carried two (2) years from the Employee's last date of employment. ARTICLE X. INSURANCE 10.1 Coverage — The Employer shall make available to eligible regular full time Employees and their eligible spouses and dependents, an insurance program that includes medical, dental, vision insurance and employee assistance plan (EAP) benefit. For the purposes of this article, spouse also includes "registered domestic partner" as defined under Washington state law. This insurance program includes the following: Medical Insurance — Employee shall choose between the Medical insurance plans offered by the City of Edmonds in accordance with the provisions of this Agreement. Dental Insurance — Dental insurance is provided through the AWC Washington Dental Service Plan F with Option III (Orthodontia). Vision Insurance — Vision insurance is provided through AWC Vision Service Plan ($10.00 deductible). EAP Plan — The Employee Assistance Program is provided through the provider as may be established by AWC. Flexible Spending Account (FSA) — The City shall provide and administer a FSA using pre-tax deductions from employees for qualified medical, childcare, transportation, and other permitted uses as allowed by the Internal Revenue Service (IRS) Code Section 125 for employees. The City shall pay all fees for the establishment and maintenance of the FSA accounts for which it is legally allowed to pay. 10.2 The Employer shall pay the costs necessary to provide health, vision, life, dental and disability insurance plans specified in this agreement for all employees in the bargaining unit. The selection of a different/new provider shall be at the sole discretion of the Employer, provided that the benefit levels shall be substantially the same as those benefit levels in effect as of the signing of this agreement. In the event that the Employer receives notice of the termination of any plan specified in this agreement, the Employer will promptly notify the Association and the parties shall commence negotiation regarding replacement coverage and cost. 10.3 The Employer shall pay one hundred percent (100%) of those premiums necessary to maintain the existing level of hospital and medical care, dental care, orthodontic care, vision care, life and disability insurance coverage for each Employee. The Employer shall pay ninety percent (90%) of those premiums necessary to maintain the existing level of hospital, medical care, dental care, and orthodontic care insurance coverage for each Employee's Dependents. Page 18 of 68 Packet Pg. 290 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a 10.3.1 The Employer shall pay ninety percent (90%) of those premiums necessary to maintain the existing level of vision care insurance coverage for each Employee who requires Dependent coverage. 10.3.2 Dependent Health Insurance Coverage Opt -out — In recognition that employees may have dual medical insurance coverage that is provided through the employee's spouse's employer, which may cover the spouse and/or dependents, the City is offering a dependent medical insurance coverage Opt -out program. Should an employee opt to not have a spouse and/or dependents covered by the City's insurance plan, the employee will be entitled to 50% of the costs from the City's portion of the insurance premiums associated with the spouse and/or dependent coverage. This benefit will be implemented in compliance with state and federal law. Should the employee elect to Opt -out, the amount equal to 50% of the City's premium costs shall be placed into the employee's Deferred Compensation account. Employees are eligible for this benefit as of the date of hire, and have thirty (30) days from the date of hire to complete the Opt - out paperwork, Insurance Opt -out may thereafter occur only during a qualifying event, as defined by the health insurance plan, or on an annual basis during the regular open enrollment period for medical insurance. 10.3.3 Health Reimbursement ArrangementNoluntary Employees' Beneficiary Association (HRANEBA) — The City will establish an HRANEBA for each employee who is eligible and enrolled or covered by one of the City's health insurance plans. The City agrees to pay all fees for the establishment and maintenance of the HRANEBA accounts for which it is legally allowed to pay. The City maintains the right to select the third -party management of the HRANEBA. The City agrees to make the following contributions to the HRANEBA accounts to eligible employees: A) 2024 - $300(Contribution to be made within forty-five (45) days of ratification B) 2025 - $300 (Contribution made January 1, 2025) Employer's contributions for 2024 — 2025 in the amounts of $300 annually will be provided based upon the understanding that the bargaining unit will make a best faith effort to meet the annual participation requirements for the AWC Well City Award as outlined by AWC. Association members, as a group, may elect to make mandatory employee contributions via payroll deductions into the HRANEBA as established by the City. Association members, as a group, may elect to have leave cash -outs deposited into the HRANEBA as established by the City. Elections for both mandatory employee contributions and leave cash -out contributions may be adjusted by a majority vote of the Association members no more than once per year and with appropriate notice to City. 10.4 Liability — The Employer shall pay one hundred percent (100%) of those premiums necessary to provide liability insurance for each Employee. The Employer shall provide legal counsel or reasonable attorney's fees for representation and defense of lawsuits and to hold Employees harmless from any expenses connected with the defense, settlement or monetary judgments from Page 19 of 68 Packet Pg. 291 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a such actions, claims, or proceedings arising out of or incident to acts and/or omissions occurring while the Employee was acting in good faith in the performance or purported failure of performance of official duties or employment and provided further that the Employee was not engaging in criminal or malicious misconduct. A criminal conviction shall be deemed conclusive but not exclusive proof of criminal misconduct for the purposes of this section. If the City elects to pay reasonable attorney's fees hereunder, no claim for such payment may be made by an Employee prior to the conclusion of a criminal lawsuit. 10.5 Personal Possessions and Electronic Communications — The City cannot assume responsibility for any theft or damage to the personal belongings of City employees, unless otherwise agreed in a Collective Bargaining Agreement. Therefore, the City requests that employees avoid bringing valuable personal articles to work. Employees are responsible for ensuring that their personal belongings are secure while at work. Employees should have no expectation of privacy as to any items or information generated/stored on City owned servers, desktop computers, laptops, tablets, flash drives, portable hard drives mobile phones, or other City owned IT devices. Employees are advised that work -related searches of an employee's work area, workspace, desk, City provided locker, computer and electronic mail on the City's property may be conducted without notice. Use of Personal Electronic Devices for City Business: City employees are strongly discouraged from using their own personal electronic devices to conduct City business. This includes, but is not limited to: desktop computers, laptops, tablets, flash drives, portable hard drives and mobile phones. Should an employee use a personal device to conduct City business, the employee will be required to produce the appropriate records to respond appropriately to requests under the Public Records Act, RCW 42.56. City information, records, data, emails, reports or any other writings pertaining to City business should not be stored on personal devices. All records must reside on the City network. Employees who are unclear on this policy language should consult with the Public Disclosure and Records Management Specialist. 10.6 Electronic and Telephonic Communications Outside of Regularly Scheduled Work Hours — Non -supervisory employees are not expected to access City email accounts or City voicemail accounts outside of their regularly scheduled hours of work. This policy does not apply to the police department employees following department policy, to emergency situations, employees on call back, call out and stand-by or when the employee's supervisor has directed the employee to monitor email or voicemail. Please see Appendix F - INFORMATION SERVICES - ACCEPTABLE USE POLICY for guidelines on use of City computers. ARTICLE XI. UNIFORMS AND EQUIPMENT 11.1 The Employer shall provide the following uniform items to new Employees and replace any of the following uniform items of any Employee which in the reasonable opinion of the Employer require replacement, subject to the language of Section 11.3: Page 20 of 68 Packet Pg. 292 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a o Name Tags: One metal, requisite number of sewn on cloth name tags depending on types/numbers of uniforms selected by Employee; o Shirts: Up to three long sleeve and three short sleeve; o Trousers: Up to three pair; o Trouser Belt: One; o Jumpsuits: Up to two, with the understanding that each jumpsuit purchased by the Employer will be in lieu of the following three items collectively: one short sleeve shirt, one long sleeve shirt and one pair of trousers; o Hat: One, with Rain Cover; o Baseball Cap: One provided upon employee's request; o Knit Watch Cap: One provided upon employee's request; o Turtlenecks: One provided upon employee's request; o Ties: One for Employee opting for Employer provided jumpsuit, two for other Employees; o Tie Bar: One; o Department Insignia: One pair; o Shoulder Patches: Number dependent upon types/numbers of uniforms selected by Employee; o Badges: Two(one each for hat and uniform); o Shoes or boots: One pair; o Collapsible or Wooden Baton with Holder: One(designated by Employer); 0 3 in 1 Patrol Jacket: One; o Rain Pants: One; o Reflective Traffic Vest: One; o Ballistic Vest: One; o External Vest Carrier and Accessories: One; Additional items for K-9 Officers: o Jumpsuits; Three (3); o Boots 2 pair; o Cap 1; o Insulated vest (K-9 only) 1; Additional items for Motorcycle Officers: o Helmets- two (2); o Boots 2 pair consisting of one pair leather boots and one pair all-weather boots; o Leather Jacket 1; o Rain Suit (Jacket, pants, boots) 1; o Cap 1; o Breeches 3; o Insulated Pants 1; o Scarves (Blue or White) 2; o Gloves (light and medium weight) 1 pair each; o Safety Glasses (dark and clear) 1 pair each; o Jumpsuit 1; o Ear Plugs 1; Additional items for Street Crimes Officers: Subdued uniform items consisting of, Page 21 of 68 Packet Pg. 293 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a o Pants 2 pair o Shirts 3 o Jacket 1 o Chain badge holder 1 The Employer is responsible for procurement of new jumpsuits. Any jumpsuits previously purchased by an Employee at the Employee's expense will be owned by the Employee, not subject to reimbursement by the Employer. However, an Employee may utilize the City contracted dry cleaning services for a privately owned jumpsuit. It is understood, and agreed to by the parties, that each Employee shall maintain a minimum of one (1) Class A (long sleeve) Uniform as part of his/her issued uniform items. 11.2 The Employer shall provide each "Detective and Administrative assigned Employee" a clothing allowance in the amount of nine hundred dollars ($900.00) per calendar year. This amount shall cover the purchase of clothing. Employees who are initially assigned to plain clothes duty during the year shall be paid the full annual amount at the start of the assignment. An Employee receiving the full annual amount "up -front" will not be eligible to receive any further clothing allowance until completion of the first year of assignment. If an employee elects to leave the assignment within the first year the employee shall repay the clothing allowance on a pro rata basis at the time of reassignment. Professional/Plain clothes Employees are subject to the provisions of Section 11.2.1,11.5 and 11.6 below. All payments will be a separate check or direct deposit. 11.2.1 In an effort to clarify garments covered by this Section, only items used during employment will be covered. Dry Cleaning/Laundry Service will be provided based on a weekly average as follows: e.g. o Four (4) items Dry Cleaned or; o Two (2) items Dry Cleaned and four (4) items Laundered 11.3 Employees shall be furnished the required weapon, handcuffs, leather goods and other equipment authorized and required. Employees may choose to furnish their own weapon provided it meets the requirements of the Department and the Employer has no responsibility for replacement or repairs in the event of loss or damage. 11.4 The Employer shall provide contract dry cleaning service at no cost to Employees for the cleaning care and maintenance of uniform items listed above. Each uniformed Employee shall be allowed to have two sets of shirts and trousers cleaned per work period. Additional cleaning and maintenance for uniform items shall be as authorized by the Employer. 11.4.1 Employee's assigned to plain clothes assignments that receive clothing allowances under Section 11.2 may have uniforms (not to exceed two sets per work period) cleaned following City sponsored/assigned details that required the use of a uniform. 11.5 The Employee shall be held accountable for all uniform items and all other equipment so assigned to the Employee by the Employer. Loss or destruction of items of clothing or protective devices shall be replaced by the Employer where said loss was incurred as direct result of the performance Page 22 of 68 Packet Pg. 294 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a of the Employee while on the job, or as the result of an occurrence not due to the Employee's wrongful act or willful negligence. Any uniform items or equipment assigned to an Employee which is lost or mutilated or requires replacement as a direct result of the Employee's wrongful act or willful negligence shall be replaced at the Employee's expense from a supplier designated by the Employer. 11.6 All uniform items and equipment issued by the Employer to each Employee shall be the property of the Employer. 11.7 No clothing allowance that remains in effect shall accrue during any period in excess of thirty (30) days in which the Employee is on approved disability, and if previously paid it shall be refunded by the Employee through payroll deduction on a pro rata basis. ARTICLE XII. MISCELLANEOUS 12.1 Driver's License Checks — While operating City of Edmonds vehicles, all Employees must have a valid Washington State Driver's License in their possession at all times. This is required for compliance with state law and is also required by the City's insurance carrier. No less frequently than on an annual basis, the City will perform a driver's license check on each Employee to check driver license status. 12.1.1: Employees who operate City of Edmonds vehicles shall immediately notify their respective Assistant Chief through proper chain of command any time the employee's driver license for any reason becomes suspended, revoked or is in any way not valid or current. Employees shall not resume operation of any City vehicle until a valid, current driver's license is presented to their respective Assistant Chief. 12.2 Auto Vehicle Locator (AVL) — When the Edmonds Police Department begins using AVL technology in its vehicles which are operated by Edmonds Police Department employees, the City agrees that it will not review and use AVL data with the intent of generating any complaints or internal investigations against an Edmonds Police Department employee. AVL data may be used as corroborating evidence to prove or disprove allegations of misconduct made against an Edmonds Police Department employee. The City shall not rely solely on AVL data to sustain any allegation. Corroborating evidence is evidence which strengthens, adds to or confirms already existing evidence. AVL data shall not be used to monitor or evaluate an Edmonds Police Department employee's performance without precipitating cause. AVL data will be used to enhance officer safety and efficiency and is not intended to replace effective first -level supervisory practices, including knowledge of subordinates' activities on shift. AVL data shall not be used solely as a personnel management tool. 12.2.1 In the case of Edmonds Police Department employees having assigned take home vehicles, the City shall comply with RCW 42.56.250 and must redact all identifiable information from a records request for AVL data that would disclose a member's residential location and/or address. 12.3 Narcotics Detective Selection — Employees seeking assignment as a Narcotics Detective with the South Snohomish County Narcotics Task Force or any successor organizational Unit or Task Force Page 23 of 68 Packet Pg. 295 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a shall have a credit check performed by the Employer subsequent to the final selection but prior to such assignment. The purpose of the credit check is to review any outstanding debt/creditors that may place the Employee in the position of being unduly influenced or intimidated. In performing such check, the Employer will specifically seek information on indebtedness outside of usual, customary and timely paid obligations (usual and customary include mortgage, auto loans, credit cards). 12.3.1 Should the Employee dispute any information of concern on the credit report, the Employee may contest this information within ten business days from the date of any questionable credit report information that was presented to the Employee by the Employer. 12.3.2 Following review of the credit report by the Employer, the report will be given to the Employee for retention or destruction. The report will not serve as the basis for further investigation, nor will the information therein be used as a basis for disciplinary action. No copies of the Employee's credit report shall be retained by the City, South Snohomish County Narcotics Task Force or any succeeding Multijurisdictional Unit or Task Force. Should the Employee not be desirous of having the Employer conduct a credit check, the Employee will be allowed to withdraw from the selection process without prejudice. 12.4 Bill of Rights — Employees covered by this Agreement shall be entitled to those Rights specified in the attached Officers Bill of Rights, APPENDIX `B", which by this reference is incorporated herein as if set forth in full. 12.5 Management Rights — The Association recognizes the prerogative of the Employer to operate and manage its affairs in all respects in accordance with its responsibilities and the powers and authority which the Employer possesses. 12.5.1 The Association recognizes the exclusive right of the Employer to establish reasonable work rules. Provided, that nothing in this Section shall be construed as a waiver of any Rights the Association may have pursuant to RCW 41.56. 12.5.2 The Employer has the Right to schedule overtime work as required in a manner most advantageous to the Employer and consistent with the requirements of municipal employment and the public interest and to require pre -approval for any overtime worked when possible. 12.5.3 Every incidental duty connected with operations enumerated in job descriptions is not always specifically described. Nevertheless, it is intended that all such duties shall be performed by the Employee. 12.5.4 The Employer reserves the Right to discipline or discharge for cause. The Employer reserves the Right to lay-off for lack of work or funds or the occurrence of conditions beyond the control of the Employer or where such continuation of work would be wasteful and unproductive. The Employer shall have the Right to determine reasonable schedules of work, work standards and to establish the methods and processes by which such work is performed. Page 24 of 68 Packet Pg. 296 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a 12.5.5 The Employer retains the Right to determine which work assignments may be assigned take home vehicles except as currently being allowed which are K-9, SRO and Motorcycle Employees. The use of a take home vehicle may be discontinued for good cause. No take home vehicle will be assigned to any Employee who resides or subsequently moves beyond a radius of thirty (30) miles from the nearest City limits, subject to exceptions approved by the Chief of Police. All fees or tolls (ferry, parking etc.) associated with a take home vehicle, other than approved business expenses are the responsibility of the Employee. Motorcycles that are allowed to be taken home shall be secured inside an adequate structure at the Employees residence. 12.6 Definitions — "Days" when used in this contract shall refer to "calendar days" unless otherwise specified. 12.7 The parties agree that the current version of the City's Personnel Policies will apply to EPOA membership, with the exception of the following policies: Personal Possessions and Electronic Communications; Substance Abuse; and Drug and Alcohol Testing Policies and Procedures. 12.7.1 The following policies apply to the employees covered by this Agreement and where there is conflict with any City personnel policy, whether specifically named in Article 12.7, the attached policies prevail. Personal Possessions and Electronic Communications (Appendix F); and Substance Abuse and Drug & Alcohol Testing Procedures (Appendix E). ARTICLE XIII. NO STRIKE PROVISION 13.1 Nothing contained in this Agreement shall permit or be construed to grant any Employee or group of Employees the Right to strike or refuse to perform their prescribed duties. 13.2 During the life of this Agreement there shall be no strikes or refusal to perform official duties and there shall be no lockout. ARTICLE XIV. DISCHARGE OR SUSPENSION 14.1 Generally — The tenure of Employees covered by this Agreement shall be only during good behavior and any such person may be removed or discharged, suspended without pay, demoted or reduced in rank or deprived of vacation privileges or other special privileges for cause. 14.2 Physical Fitness — The Employer and the Association agree that satisfactory performance of Police Department duties requires that Employees maintain physical fitness. Each Employee shall maintain a level of physical fitness to adequately perform the essential functions of their job. ARTICLE XV. GRIEVANCE PROCEDURE 15.1 A Grievance shall be defined as an issue relating to the interpretation, application or violation of any terms or provisions of this Agreement. An Employee may either "Grieve" discipline or "Appeal" said discipline to the Civil Service Commission (CSC), provided that a Grievance shall Page 25 of 68 Packet Pg. 297 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a not be processed if any Employee has previously filed a Civil Service Appeal over the same matter and provided further, that the subsequent filing of a Civil Service Appeal shall operate to withdraw a Grievance, previously filed over the same matter. 15.1.1 When an Employee has a Grievance it shall immediately be brought to the attention of the immediate Supervisor and the Employee and Supervisor shall attempt to settle the Grievance. If the Grievance cannot be settled, the Employee shall state the Grievance in writing and present it to the Supervisor in accordance with the procedure set forth below. 15.1.2 An Employee and/or the Association may bring a Grievance at the appropriate step: o within thirty (30) days of the occurrence of an alleged Violation, or o within thirty (30) days of when the Employee and/or Association, by reasonable diligence, should have known of the occurrence of said Violation, provided that no remedy may be applied retroactively more than sixty (60) days prior to the actual filing of the Grievance. 15.1.3 The immediate Supervisor shall make every effort to resolve the Grievance: o within twenty (20) days. Failure of the immediate Supervisor to resolve the Grievance: o within the twenty (20) day period, shall permit the Employee and/or Association the Right to submit a written demand: o within twenty (20) days, of the Supervisor's answer for resolution of the alleged Violation to the Chief of Police or designee. The Chief or designee shall either schedule a meeting with the Association to discuss the Grievance or respond to the Grievance: o within twenty (20) days. If a meeting is scheduled, the Chief or designee shall be granted: o an additional twenty (20) days, from the date of the meeting to respond. 15.1.4 Failure of the Chief of Police to resolve the Grievance (involving only issues that have a monetary penalty proposed), within the time lines outlined in Section 15.1.3, shall permit the Employee and/or Association the Right to submit a written demand: o within twenty (20) days, of the Chief s answer for resolution of the alleged Violation to the Mayor or designee. The Mayor or designee shall either schedule a meeting with the Association to discuss the Grievance or respond to the Grievance: o within twenty (20) days. If a meeting is scheduled, the Mayor or designee shall be granted: o an additional twenty (20) days, Page 26 of 68 Packet Pg. 298 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a from the date of the meeting to respond. LO 15.1.5 If the Association is not satisfied with the City's response, it may submit a demand for r Arbitration to the Employer in writing within thirty (30) days. N 15.1.6 For grievances related to employee discipline, the parties shall request PERC to assign an arbitrator in accordance with RCW 41.58.070. For all other arbitration, the Employer and the Association shall immediately thereafter select an Arbitrator to hear the dispute. If the Employer and the Association are not able to agree upon an Arbitrator within ten (10) days, after receipt by the Employer of the written demand for arbitration, the Association may request a list of seven (7) Arbitrators from the Federal Mediation and Conciliation Service. After receipt of same, the parties shall alternately strike the names of the Arbitrators until only one name remains who shall, upon hearing the dispute, render a decision which shall be final and binding upon all parties. The party to strike first shall be determined by a flip of a coin. 15.2 Nothing herein shall prevent an Employee from seeking assistance from the Association or the Association from furnishing such assistance at any stage of the Grievance procedure. 15.3 The expenses of the Arbitrator and the cost of any Hearing Room shall be borne equally by the parties. In all instances, attorney's fees shall be the responsibility of each individual party. 15.4 If either party fails to take the action required within the times provided herein, the party failing to act shall forfeit its Right to further protest the Grievance, denial of the Grievance or interim recommended solution provided that the time frames enumerated herein may be extended with the mutual written agreement of the parties. 15.5 Matters within the Jurisdiction of the Civil Service Commission (CSC) shall not be subject to this Grievance procedure unless they are covered Agreement, provided nothing herein constitutes pursuant to RCW 41.56. by the specific terms and conditions of this a waiver of the Association's Right to bargain 15.5.1 By mutual agreement between the Association representative and the Mayor's Office or when that step is the lowest level at which a matter may be resolved, an Employee or the Association may initiate a Grievance at the Chief s level. ARTICLE XVI. SAVINGS CLAUSE 16.1 All provisions of this Agreement shall be complied with unless any of such provisions shall be declared invalid or inoperative by a court of competent jurisdiction or rendered invalid by operation of federal or state statute. In such event either party may request re -negotiations of such invalid provisions for the purpose of adequate and lawful replacement thereof, provided however, that such finding shall have no effect whatsoever on the balance of this Agreement. Page 27 of 68 Packet Pg. 299 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a ARTICLE XVII. DURATION 17.1 This Agreement shall be effective January 1, 2024, and shall remain in full force through December 31, 2025. ARTICLE XVIII. ENTIRE AGREEMENT 18.1 The parties agree that each has had full and unrestricted Right and opportunity to make, advance, and discuss all matters properly within the province of collective bargaining. The above and foregoing Agreement constitutes the full and complete Agreement of the parties and there are no others, oral or written, except as contained herein. Each party for the term of this Agreement specifically waives the Right to demand or to petition for changes herein or additions hereto. CITY OF EDMONDS, WASHINGTON Mike Rosen, Mayor DATE: ATTEST: Scott Passey, City Clerk DATE: EDMONDS POLICE OFFICERS ASSOCIATION DO"Signed ��bbyyy::///// BY: William Morris, EPOA President DATE: 3/8/2024 Page 28 of 68 Packet Pg. 300 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a APPENDIX "A" to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS' ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS' ASSOCIATION, hereinafter referred to as the Association. APPENDIX "A" COMPENSATION A.1 Effective and retroactive to January 1, 2024 the wage scale shall be increased by twelve and one half percent (12.5%) across the board as set forth in A.1.1. Beginning in 2024, the first two steps of the First Class Officer (Step l/A and Step 2/13) pay scale have been removed. Placements have been reviewed and agreed upon by the City and EPOA. Effective January 1, 2025 the wage scale shall be increased by One Hundred Percent of the the CPI-U for Seattle/Bellevue/Tacoma June to June with a floor of 2% and a cap of 5% across the board. The position of Corporal will be paid at a step fixed at nine and one half percent (9.5%) above top step of First Class Police Officer. The position of Sergeant will be paid at a step fixed at nineteen percent (19%) above top step of First Class Police Officer. Upon initial promotion and during the twelve (12) month probation period, Corporals shall be paid at least five percent (5%) above the top step of the First -Class Police Officer. Upon initial promotion and during the twelve (12) month probation, Sergeants shall be paid at five percent (5%) above step 2 of the Corporal salary schedule. Both Corporals and Sergeants shall advance to step 2 after completion of probation which shall be twelve (12) consecutive months, unless extended via the established process as outlined in the Civil Service Rules and Regulations. Unless otherwise noted, all steps in Section A.1.1 shall be a one year duration. A.1.1 All Employees shall participate in Employer's payroll "direct deposit" program. Page 29 of 68 Packet Pg. 301 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a JANUARY 1, 2024 PAY GRADE CLASSIFICATION MONTHLY RATES OF PAY* STEP 1 STEP 2 00 — 06 07 Months Months+ NE 9 Second Class Police 7,752 8,031 Officer STEP 1 STEP 2 STEP 3 12 Months 12 Months NE 11 First Class Police Officer 9,397 9,858 10,355 STEP 1 STEP 2 12 Months NE 12 Police Corporal 10,873 11,339 STEP 1 STEP 2 12 Months NE 13 Police Sergeant 11,906 12,322 *Standard rounding was used in this table. Actual amounts in the payroll system may differ slightly due to this. Page 30 of 68 Packet Pg. 302 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E A.2 Longevity Pay — An Employee shall receive in addition to their monthly rate of pay set forth within Section A.1, monthly Longevity Pay in accordance with the following: SENIORITY MONTHLY LONGEVITY PAY After 5 years 3% of Employee's monthly rate of pay After 10 years 5% of Employee's monthly rate of pay After 15 years 7% of Employee's monthly rate of pay After 20 years 9% of Employee's monthly rate of pay A.3 Physical Fitness Pay — Any Second Class Police Officer who has completed the twelve (12) month probation period, and any other Employee who fulfills the Physical Fitness Standards set forth within APPENDIX "C" shall receive in addition to their monthly rate of pay set forth within Section A.1, as further amended by Section A.12 and all subsequent wage increases, a monthly Physical Fitness Pay equal to one and one-half percent (1.5%) of the above referenced monthly rate of pay, provided the Chief of Police has discretion to waive the testing requirements as he deems appropriate. With the exception of injuries incurred while on -duty, any Officer who is unable to participate in the annual Physical Fitness testing process for medical reasons exceeding ninety (90) days duration beyond the last scheduled primary testing date will be deemed ineligible to collect the Physical Fitness Pay for the next calendar year. Each Employee injured while on duty is entitled to one year's compensation per individual injury with a doctor's written waiver. A.4 Education Pay — Any First Class Police Officer or Employee of a higher classification shall receive in addition to their monthly rate of pay set forth within Section A.1, as further amended by Section A.12 and all subsequent wage increases, monthly Education Pay in accordance with the following: JOB RELATED COLLEGE CREDITS MONTHLY EDUCATION PAY AA degree or 90 credits 2% of Employee's monthly rate of pay 135 credits 4% of Employee's monthly rate of pay BA degree 6% of Employee's monthly rate of pay A.4.1 Job related college credits shall mean all credits accepted by a nationally accredited college or university. A.5 Specialty Assignments — Any Employee who is regularly assigned as: o Detective o Training Corporal o Traffic Officer - Car o Traffic Officer - Motorcycle o Training Officer o TAC Officer* o PSET Officer o Detective Sergeant o Special Operations Sergeant o PSET Sergeant Page 31 of 68 Packet Pg. 303 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a shall receive a four percent (4.0%) pay incentive while acting in such capacity. The above noted positions shall be on a five (5) year rotation cycle under the terms below pertaining to specialty assignments: Each specialty position noted above shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment, for up to six (6) months, for good cause and based on department need. The Chief of Police may designate any specialty position as having an "indeterminate rotation" period based on the needs of the department. After serving a minimum of five (5) years, the incumbents in the designated specialty positions will be reviewed annually for extension based on overall performance and department need criteria. The designated positions are not considered permanent assignments and are subject to rotation at the discretion of the Chief of Police at the end of each annual review. In the absence of extenuating circumstances, or promotion, candidates will be expected to serve a minimum of three (3) years in the assignment before voluntarily leaving. At the conclusion of any full five (5) year rotation cycle, the incumbent currently assigned to the specialty may re -apply for the position, with the understanding that they will receive no special preference in the selection process. The Chief of Police will make all selections based upon the Employees applying for the position and their attributes. The term attributes include consideration of the career development needs of the individual and the organization. All specialty positions shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. If the currently assigned incumbent in a five (5) year rotation position is selected for another term, that person will have a two (2) year full rotation cycle, unless the incumbent is the sole applicant pursuant to the selection process, and whereby the Chief of Police desires to reappoint the incumbent to the same position, said rotation cycle shall be five years in duration. The city will not be responsible for any ancillary costs related to the employee's use of a take home vehicle such as road tolls and ferry fees. All city owned assigned vehicles shall be operated in accordance with Department policy. *The Employer and the Union, in recognition that a new TAC officer position was filled during bargaining for this 2024 — 2025 CBA, agree that such TAC officer's incentive pay will be retroactive to the date the position was filled on July 3, 2023. A.5.1 K-9 Officer Assignment — Each K-9 Officer position shall be on a five (5) year rotation, except that the Chief of Police may extend the K-9 assignment to include the length of the dog's working life, or for up to six (6) months for other good cause and based on department need. In the absence of extenuating circumstances, or promotion, candidates will be expected to serve a minimum of three (3) years in the assignment before voluntarily leaving. At the conclusion of any full rotation cycle, the currently assigned K-9 Officer may re -apply for the position, with the understanding that they will receive no special preference in the selection process. The Chief of Police will make the selection based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. The K-9 Officer position shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. Page 32 of 68 Packet Pg. 304 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a An Employee who is regularly assigned K-9 Officer duties shall receive a four percent (4.0%) pay incentive while so acting in such capacity. The K-9 Officer shall also receive fifteen (15) hours compensatory time per calendar month, at straight time, for care and maintenance of their animal. A.5.2 PSET Schedule — The work schedule rotation will be four days on/four days off, and the hours of work will be 1200 to 2400, working two days with the blue side of patrol and two days with the silver side of patrol, subject to short notice for schedule changes and subject to approval of the Assistant Chief of Police — Field Services. It is understood that the parties may further modify the work schedule rotation and normal hours of work specified herein upon mutual written agreement to be made part of this collective bargaining agreement. A.6 Pay Step Advancement — Advancement to the next higher pay Step shall be made after an Employee has been paid at a given pay Step for the period of time designated in Section A.1. If the completion of such period of time occurs at other than the beginning of a semi-monthly pay period, the advancement to the next pay Step shall become effective at the beginning of a semi-monthly pay period. A.7 Promotional Reclassification — An Employee promoted from one classification to another shall be placed into the lowest pay Step of the higher classification which still provides for a monthly minimum rate of pay, five percent (5%) higher than that currently being received by the promoted Employee. A.8 Demotion Reclassification — An Employee demoted from one classification to another shall be placed into the pay Step affording the same number of months service time that the Employee had prior to the demotion to the lower classification. A.9 Classification of Patrol Officers — Newly employed Officers without at least twenty- four (24) months of full time experience as a commissioned law enforcement officer with a state, county, or municipal law enforcement agency shall be classified as Second -Class Patrol Officers in Pay Grade NE9. Second Class Police Officers shall be qualified to advance to First Class Police Officer in Pay Grade NE I following completion of one (1) year of employment with the Employer and graduation from the Basic Law Enforcement Academy. Lateral Officers will be hired at the middle pay step of NE 11 and will receive a Step increase at the completion of probation. Appointments are subject to the Civil Service Rules and Regulations, Section 9. Salary increases that follow completion of probation are subject to Civil Service Commission Rules and Regulations, Section 10.3. A.10 The rates of pay set forth within Section A.1 provide for the maximum time an Employee shall be employed in any one particular pay Step. The Employer shall have the right to place a New Hire Employee in any pay Step set forth within Section A.1, in which event, advancement of said Employee to each of the next higher pay Steps shall be automatic upon completion of six (6) months in pay Step 1 and/or twelve (12) months in each higher pay Step except as noted in Section A.10. Page 33 of 68 Packet Pg. 305 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a A.11 Out of Class Pay — Any First Class Officer who is temporarily assigned to accept the full duties and responsibilities of a rank higher than their current regular classification shall be paid at the rate of the higher rank, which results in a pay increase, until they are returned to their normal classification. Temporary assignment for this purpose is a full shift or more. Corporals who work out of their classification for three (3) or more consecutive work shifts, or by personnel order, shall be paid at the Sergeant rate in the same step as their regular classification, effective on the fourth shift or on the date of the personnel order. A.12 Compensation of FTOs — Certified Field Training Officers when actually performing as an FTO in the training of entry level or lateral entry police officers in a formal field training program shall be compensated at the rate of two (2) hours of straight time compensatory time per shift of training. No compensation shall be paid when not actually engaged in training of new officers. A.13 Deferred Compensation — Starting January 1, 2017 the City will contribute 4% of the employees' base wage into a deferred compensation plan of the employees' choice. The employee will choose one of the three plans currently offered by the City. A.14 Ancillary Duty Pay — Ancillary duties are those duties listed below which are in addition to an employee's regular duty. Employees, including Sergeants and Corporals, will be selected through a competitive testing process for assignment to ancillary duties. If no employee applies for an ancillary duty, the Chief may appoint any employee to fulfill the position as necessary. Ancillary duties may have a minimum and maximum time commitment. Employees assigned to an ancillary duty, as listed below, shall receive additional pay incentive added to the employee's current base wage classification. Additional incentive for each ancillary duty is shown as a percentage. Employees assigned more than one ancillary duty may compound the incentive to a maximum of 2% incentive pay, except in cases where one acillary duty is higher than 2% in which case the employee would receive the higher ancillary duty pay. Ancillary Duty Pay Eligible assignments: • Fingerprint Technician 1 % • Collision Reconstructionist 1 % • Armorer 1 % • ALERT 1 % • PIO 1 % • SMART 1 % • EVOC or Motorcycle Instructor 2% • DRE 2% • Firearms Instructors 2% Page 34 of 68 Packet Pg. 306 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a • Defensive Tactics Instructors/ Patrol Tactics Instructors 2% • Less Lethal Instructors 2% • SWAT / Negotiators 4% A.15 Language Pay - Employees in the bargaining unit who possess approved additional language skills and are required by the City to provide interpretation services as part of their regular work function shall receive an additional three hundred dollars ($300) per month. Employees requesting Language Pay shall ask their supervisor to provide Human Resources with confirmation that the employee is required to provide interpretation services as part of their regular work function. Target languages include: American Sign Language, Spanish, Asian and Pacific Island languages; Indo-European languages, and other languages as approved by the Chief of Police. Page 35 of 68 Packet Pg. 307 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a APPENDIX "B" to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS' ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS' ASSOCIATION, hereinafter referred to as the Association. APPENDIX "B" BILL OF RIGHTS B.1 Employee Rights: It is agreed that the City has the Right to discipline, suspend, or discharge any Employee for just cause. B.2 Bill of Rights: B.2.1 In an effort to ensure that investigations made by an Officer as designated by the Chief of Police of the Police Department are conducted in a manner which is conducive to good order and discipline, the Employees shall be entitled to the protection of what shall hereafter be termed as the "Employee Bill of Rights." B.2.2 Every Employee who becomes the subject of an Internal Affairs (VA) investigation, as defined by department policy, shall be advised in writing at the time of the interview that they are suspected of (a) Committing a criminal offense; or (b) Misconduct that would be grounds for termination, suspension, or other economic sanction; or (c) Not being qualified for continued employment with the Police Department (such as job competency or fitness for duty). B.2.3 Any Employee who becomes the subject of a criminal investigation shall have all Rights accorded by the State and Federal Constitutions and Washington State law. B.2.4 The Employee under investigation must, at the time of an interview, be informed of the name of the Officer in charge of the investigation and the name of the Officer who will be conducting the interview. B.2.5 Forty-eight (48) hours before an Internal Affairs (I/A) Investigation interview commences, any Employee who is the subject of an Internal Affairs Investigation shall be informed, in writing, of the nature of the investigation, that the Employee is considered a "suspect" in the investigation and shall include the following information: o Who is the complainant or the victim, Page 36 of 68 Packet Pg. 308 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a o what reportedly took place, o when it happened, o and where it happened. No forty-eight (48) hour notice is required for, Employees subject to Investigations that will not result in any economic sanction, e.g. a Complaint Investigation; however if the Employee requests to contact an Association Representative, appropriate time will be allowed prior to the interview. Employees who are given a forty-eight (48) hour notification may waive that delay by signing a written waiver form. No forty-eight (48) hour notice or Association Representation is required for an Employee listed as a "witness" in an I/A or for routine Supervisor/Subordinate inquiries that will not result in any economic sanction. B.2.6 The interview of an Employee shall be at a reasonable hour, preferably when the Employee is on duty, unless the exigency of the interview dictates otherwise. Whenever practical, interviews shall be scheduled during the normal workday of the City. B.2.7 At the cost of the requesting party and in accordance with Washington State Law, RCW 9.73, the Employee or City may request that an investigative interview be recorded, either mechanically or by a stenographer. There can be no "off-the-record" questions. Upon request, the Employee under an investigation shall be provided an exact copy of any written statement the Employee has signed or, at the Employee's expense, a verbatim transcript of the interview. B.2.8 The Employee may be required to answer any questions in an investigation and will be afforded all Rights and privileges to which they are entitled under the laws of the State of Washington or the United States. Prior to being ordered to respond to any question, the Employee will be notified in writing and acknowledge receipt of the following: "You are about to be questioned as part of an internal investigation being conducted by the Police Department. You are hereby ordered to answer the questions which are put to you which relate to your conduct and/or job performance and to cooperate with this investigation. Your failure to cooperate with this investigation can be the subject of disciplinary action in and of itself, including dismissal. The statements you make or evidence gained as a result of this required cooperation may be used for administrative purposes but will not be used or introduced into evidence in a criminal proceeding." Employees who are subject to a Criminal Investigation shall be advised of their Miranda Rights. Page 37 of 68 Packet Pg. 309 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a B.2.9 Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. Written notice shall be provided forty-eight (48) hours prior to any Investigative (I/A) interview subject to the notice requirements of Section B.2.2. As noted in Section B.2.2 the Employee may provide a written waiver of the forty-eight (48) hour requirement. The Employee shall be afforded an opportunity and facilities to contact and consult with their Association Representative before being interviewed if requested. The Employee may be represented by the Association Representative to the extent permitted by law. The Employee shall be entitled to such reasonable intermissions as the Employee shall request for personal necessities, meals, telephone calls, consultation with their Representative, and rest periods. B.2.10 The Employee shall not be subjected to any profane language nor threatened with dismissal, transfer or other disciplinary punishment as a guise to obtain the resignation of said Employee nor shall the Employee be subjected to intimidation in any manner during the process of interrogation. No promises or rewards shall be made to the said Employee as an inducement to answer questions. B.2.11 Investigations shall be concluded within a reasonable period of time as defined in Section 1020 of the Department Policy Manual. Within a reasonable period after the conclusion of the investigation and no later than forty-eight (48) hours prior to a pre -disciplinary hearing, the Employee shall be advised of the results of the investigation and the potential disposition (which may include a range of possible discipline) and shall be provided a copy of the investigatory file. In the event an investigation is sustained but no discipline is to be imposed because it was not completed within established timelines, the Employee is still entitled to a Loudermill hearing and appeal process. (NOTE: Time frames for complaint investigations increased from 30 to 45 days; internal affairs investigations increased from 60 to 90 days. Section 26.1.4 of the Department Policy Manual will be changed accordingly.) B.2.12 All interviews shall be limited in scope to activities, circumstances, events, conduct or actions which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the Employee about information which is developed during the course of the investigation. B.2.13 No Employee shall be requested or required to submit to a polygraph test or to answer questions for which the Employee might otherwise properly invoke the protection of constitutional amendment against self- incrimination, except as required pursuant to Section B.2.8. Nor shall any Employee be dismissed for or shall any other penalty be imposed upon the Employee solely for a failure to submit to a polygraph test or to answer questions for which the Employee might otherwise invoke the protection of any constitutional amendment against self-incrimination; and provided further that this provision shall not apply to either the initial application Page 38 of 68 Packet Pg. 310 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E for employment or to persons in the field of public law enforcement who are seeking promotion. Should any section, subsection, paragraph, sentence, clause or phrase in this Article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this Article. B.2.14 Medical or Psycholo2ical Examinations: B.2.14.1 The Employer retains the right to require Employees to submit to medical or psychological examinations when there exists good cause to believe an Employee is unfit for duty. Any relevant medical history of the Employee which the examining professional conducting a psychological evaluation requests shall be released by the Employee only to the examining professional. B.2.14.2 The examining professional shall issue a written report to the Employer, as the client, provided however, that such report shall indicate only whether the Employee is "fit" or "unfit" for duty and in the event an Employee is unfit the expected prognosis and recovery period as well as any accommodations which could be made to allow an Employee to return to duty consistent with the attached form (APPENDIX `B-1"). The report shall be made available to the Employee. B.2.14.3 The Association shall have an opportunity at its expense, to discuss with the Employer's examining professional their conclusion and reasons therefore. If the Employee believes that the conclusions of the examining professional are in error, they may obtain an additional examination at their own expense and the Employer will provide the examining professional with documents which were utilized by the Employer's examining professional. In the event, the Employee and/or Association seek to contest the conclusion of the first examining professional, the Employee's report shall be in writing and shall be available to the Employer. The report shall be kept as confidential medical information and any use outside of the accommodation or fit for duty process shall be subject to a written medical release by the Employee. The Employee shall authorize the second examining professional to respond to reasonable questions clarifying the opinion, at the Employer's expense. Nothing herein prohibits the examining professionals from making safety disclosures required by law. B.2.14.4 The Employer will undertake to have the Employer's examining professional make themselves available to answer appropriate questions by the examining professional, at the Association's expense, who conducts the independent examination. B.2.14.5 Should an Employee Grieve a disciplinary or discharge action taken as a result of an examination, the Employer shall allow release of the Page 39 of 68 Packet Pg. 311 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a examination and supporting documents upon which it relies for the action, and all other prior examinations of the Employee. B.2.14.6 Should an Employee Grieve a demotion, discharge or other action subject to the Grievance process, taken as a result of an examination, the Employer and Employee shall allow release of all examinations and supporting documents upon which it will rely in the proceedings, and all other prior examinations of the Employee determined to be relevant by the Grievance Arbitrator after a confidential review by the Arbitrator. B.2.15 Personnel Records: B.2.15.1 Contents: A "personnel file" shall be defined as any file pertaining to the Bargaining Unit member's employment status, work history, training, disciplinary records, or other personnel related matters pertaining to the Bargaining Unit member. It is further understood that a personnel file does not include material relating to medical records, pre -appointment interview forms, Internal Affairs files, or applicant background investigation documents such as, but not limited to, psychological evaluations and polygraph results. B.2.15.2 The Employer will promptly notify an Employee upon receipt of a court order, subpoena or a public disclosure request for information in the Employee's personnel file. The Employer will also provide at least seventy-two (72) hours' notice before releasing any requested documents, provided, however, that in the event the City is required to respond to a subpoena or other court order in a time frame less than seventy-two (72) hours, it will provide prompt notice of its response date. The Employer will allow the Employee and the Association the fullest possible opportunity to legally object to unwarranted disclosures. B.2.15.3 Each Employee's personnel files shall be open for review by the Employee, provided that Employees shall not have the right to review psychological evaluations or supervisor's notes prepared for the purpose of preparing Employee's evaluations which are destroyed after the evaluation is prepared. The Employer shall maintain no secret personnel files not subject to inspection. B.2.15.4 All Complaints, Internal Affairs Investigations and Review Board shall be maintained in accordance with the Secretary of State — Archivist's record retention schedule, with the following exceptions: (1) Any instances where subsequent disciplinary action was relied upon as part of a process of progressive discipline. (2) When required by law to be retained, such as instances covered by the Federal Rehabilitation Act or the Americans with Disabilities Act. All such files will be retained in a separate confidential medical file only. Any records involved in any stage of litigation or other judicial process will be purged from the personnel file according to the schedule above but may be retained Page 40 of 68 Packet Pg. 312 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a by the Department in a separate litigation discovery file. All complaints and internal affairs investigations resulting in disciplinary action of a ten (10) or more day suspension, demotion or termination will not be purged. All files noted in this policy shall be kept confidential to the full extent permitted by law or the Collective Bargaining Agreement and the Rights created there under. In the event of a request for release or review of an investigative or disciplinary file, the Employee to whom the file relates will be provided written notice of the request and the City's intended response prior to the date of release. B.2.16 Use of Force: B.2.16.1 Statement of Purpose: The parties recognize that adequate training is critical for preventing unnecessary use of force and for minimizing the impact on an Employee who is involved in a situation where force must be used. The Department recognizes that it is its obligation to provide adequate training in this area, including the reactions of Employees in critical instances and in dealing with problems that result after being involved in a critical incident. B.2.16.2 Procedures: Any time an incident occurs involving a use of lethal force, against a person, the following will apply: B.2.16.3 When an Employee, whether on or off duty, uses lethal force which results in the injury or death of a person, or discharges a firearm in which no injury occurs, the Employee shall not be required to make a written or recorded statement for forty-eight (48) hours after the incident, except that immediately following the incident the Employee shall verbally report to a Superior a brief summary of the incident and any information necessary to secure evidence, identify witnesses, or apprehend suspects or similar information necessary to preserve the immediate safety of the public and fellow officers. The affected Employee may waive the requirement to wait forty-eight (48) hours. Beyond that the Department will not question the Employee(s) regarding any information regarding the incident, but will immediately inform the Employee involved in the incident that they have the Right to be allowed prompt access to any of the following: (a) Their spouse; (b) The Association's attorney and the attorney's agents; (c) The Employee's personal attorney; (d) Psychologists, psychotherapists, or ministers depending upon the Employee's choice and (e) Peer Support Counselor. The Department will encourage the Employee to have access to any of the above listed persons and to promptly do so telephonically if the Employee so requests. Any discussions about the incident that the Employee has with the above -mentioned personnel shall be confidential. The Page 41 of 68 Packet Pg. 313 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a Department and the Association shall mutually agree on designated Peer Support Counselors and appropriate training. B.2.16.4 The Department or its designee will conduct a thorough and competent investigation of the incident, including using the appropriate techniques for preservation of the scene if relevant where the use of force took place. All reports and findings from this investigation, following a determination as to whether criminal charges should be filed, will be promptly made available to the Association upon request. If the Department must preserve a chain of custody for weapon or weapons utilized in the incident, the Employee will be promptly issued replacement weapons unless it is inappropriate to do so. B.2.16.5 The Department or its designee will assign a properly trained interviewer to interview the Employee. The interviewer will be trained in the appropriate techniques of interview, interrogation and investigation of "Officer Involved Shooting." If there are multiple investigators assigned because of the concurrent investigations that are underway, the investigators will coordinate so that one investigator will be primarily responsible for the interview. All reasonable attempts will be made to minimize the need for successive interviews. B.2.16.6 No statement will be required within forty-eight (48) hours after the incident except as indicated above. The interview of the Employee involved in a lethal force situation will be done under circumstances intended to minimize the traumatic affect of the interview on the Employee. The Employee will be given reasonable breaks and periods to prepare for the interview, and be given reasonable telephonic access to the above listed personnel during the interview upon request. Additionally, the Employee shall have a Right to be represented during the interview by an Association Representative or the Employees attorney. If requested, the interview will be postponed until the Employee has had a reasonable opportunity to seek prompt professional counseling before the interview takes place. B.2.16.7 In the discretion of the Department, the Employee may be placed on administrative duty and assigned to responsibilities in training or other administrative areas with the specific nature of the Employee's duty to be assigned by the Department in consultation with the Employee. The Department may also place the Employee on administrative leave. The request to be considered for an administrative assignment or administrative leave may be initiated by the Employee. B.2.16.8 While on administrative assignment or leave, the Department will allow access to the Employee's choice of licensed mental or medical health professional without loss of pay or benefits to the Employee. B.2.16.9 When either the Employee or the Employer believes that the Employee should return to the Employee's regular assignment, at the Employer's Page 42 of 68 Packet Pg. 314 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a option the Employee will provide a letter from their licensed psychologist or medical doctor indicating that the Employee is ready to return to their regular duties or to modified duties. The Employer at its option may request an independent medical psychological exam, which will be conducted in conformity with the procedures outlined in this agreement and the Americans with Disabilities Act (ADA). B.2.16.10 While on administrative leave and after returning to duty, the Employee will be encouraged and allowed full access for up to four (4) sessions with licensed mental or medical health professional without loss of pay or benefits to the Employee while participating in such program. Page 43 of 68 Packet Pg. 315 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-lF66BD9EE12E 8.5.a APPENDIX "B-1" to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS' ASSOCIATION I, , hereby authorize Dr. to (Employee Name) (Doctors Name) provide the following medical information to my Employer, the City of Edmonds. In accordance with Sections 102(c)(B), 102(c)(C) and 102(c)(4)(C) of the Americans with Disabilities Act, the above named Doctor is required to maintain all medical records in association with their examination of me on separate forms and in separate medical files and must treat those records as a confidential medical record with the following exceptions: The Doctor will issue a written report to the Employer and the Employee. The report shall be a "Functional Diagnosis." Functional Diagnosis is defined as: The evaluation by a physician or psychologist ("treating professional") of how an underlying but undisclosed disability may affect an individual's performance in the workplace. The treating professional may outline symptoms, impediments to performance, or other impacts which the Employee may display in order to reasonably accommodate the Employee's return to work. The functional diagnosis shall be kept confidential as private health care information pursuant to the Americans with Disabilities Act and released only to the Chief of Police and Assistant Chiefs of Police; and, when appropriate, emergency medical personnel. Furthermore, I authorize the Doctor if they determine that I am able to perform the essential functions of my job, to so inform my Employer. This release is intended to grant no further access to my confidential medical records than the Americans with Disabilities Act allows and the examining physician is instructed accordingly. NOTE: This federal law creates a cause of action against any individual who violates its provisions. (Patient/Employee's Signature) Page 44 of 68 (Date) Packet Pg. 316 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a APPENDIX "C" to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS' ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and EDMONDS POLICE OFFICERS' ASSOCIATION, hereinafter referred to as the Association. C.1 Pursuant to Article A.3 of the Agreement between the parties signatory hereto, the following shall serve as the controlling document with respect to the establishment of a Physical Fitness Program and the procedures by which the aforementioned program shall be administered. C.2 Special tests may be requested by Employees who have physical handicaps or limitations, which interfere with the ability to do one or more of the regular tests. Special tests, if requested, will be devised by the treating doctor at the Employee's expense, and approved by the Police Department, unless the injury was incurred on duty. Approval is contingent on such tests being approximately equivalent to the regular test in terms of the ability tested. Physician certifications of limitations and correlating special test(s) shall be valid for one year, and subsequent requests must be supported with current documentation. In instances where the Employee may have a chronic condition (e.g. knee or shoulder condition), certifications of limitations and correlating special tests shall be valid for three (3) years; subsequent requests for the same condition must be re-evaluated and supported by a new authorization. In all cases, the treating doctor must certify in writing that the physical handicap, injury or limitation does not prevent the Officer from performing the essential functions of the job of a police officer. C.3 Employees of the Police Department may submit to the Physical Fitness Test set forth herein, or modification thereof pursuant to Section C.2 of this Appendix. The primary test will be scheduled annually by the department, unless waived by the Chief of Police pursuant to Section A.3 of the CBA. In the event of a waiver all Members of the bargaining unit will be compensated for the ensuing calendar year. A reasonable number of make-up dates will be scheduled as needed for the primary test if the Employee has an excused absence approved by their Division Commander. Any Employee unable to pass the primary Physical Fitness Test may be afforded only one opportunity, upon their written request, to repeat the entire test prior to December 31 st. The compensation period will run from January 1 through December 31 of each year based on the previous year's test. New Employees who become eligible for the Physical Fitness incentive prior to the annual test period will be compensated until the next test period if they successfully completed an equivalent Physical Fitness Test at the time of hiring. Page 45 of 68 Packet Pg. 317 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a CA The Employer may purchase a group membership at the Harbor Square Athletic Club for all Edmonds Police Officers covered by this Agreement. Any increase in the group membership or hourly court rate shall be borne by the Employer. C.5 Workout on Duty — To encourage employees to maintain or improve physical fitness and/or mental well-being, employees may be allowed up to four (4) hours per work week to exercise on duty. Employees may only exercise on duty when staffing and call -load permits and they have received approval from their supervisor. In no event will employees be allowed to take more than one (1) total hour for exercise on any workday. The one hour includes time needed for changing out, showering, and returning to duty. Utilization of City of Edmonds workout facilities is preferred while exercising on duty. Any employee who is exercising on -duty is subject to immediate recall by the supervisor for any emergency situation. C.6 Employees shall be compensated in pay at the applicable straight time or overtime rate when required to take Physical Fitness Tests. A retest as outlined in Section C.3 is not a required test and will not be compensated if taken while off duty. C.7 Employees shall cooperate with the physician in efforts to experiment with and improve the tests and standards contained herein. C.8 All Employees who are classified as Law Enforcement Officers and Fire Fighters Act II (LEOFF II) Employees shall be protected against loss of pay for time off work due to any injury sustained while participating in authorized Harbor Square Athletic Club conditioning programs. Should a LEOFF II Employee become disabled due to an injury of the aforementioned nature, the Employer shall compensate the Employee for all time off work beyond depletion of any accrued sick leave benefits until such time as the Employee shall have begun to receive State Disability Benefits, provided that the Employer shall receive credit for any other employment or disability benefits received by Employee during that time. C.9 Every other year, each Employee shall be given the option to obtain a blood scan and treadmill test from a physician/provider designated by the Employer. These tests will be provided at the Employer's expense. Employees may, if referred by their physician/provider, choose to complete a coronary calcium scan instead of a treadmill test. The location of this test will be determined by the Employee and their physician/provider. The test must be processed through the Employee's health insurance. The Employer will reimburse the Employee for out-of- pocket costs resulting from this test that are not covered by insurance. To receive this benefit, Employees must submit a reimbursement request to the department with a copy of the corresponding Explanation of Benefits (EOB) within six (6) months of the date of service. Employees shall not be compensated for the time involved for these tests. Page 46 of 68 Packet Pg. 318 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a C.10 The medical records shall be maintained in the office of the examining physician. C.11 Physical Test Description.— The physical tests for this shall be the current required BLEA PAT (Physical Agility Test) for admission.. The results of these tests shall be made available to the Employer. The current BLEA PAT (2024) consists of the following: 1. Pushup Test • BLEA: 90 seconds to complete a minimum of 20 pushups to pass • Followed by a three (3) minute rest period 2. Sit Up Test • BLEA: 90 seconds to complete a minimum of 25 sit ups to pass • Followed by a five (5) minute rest period 3. Squat Thrust Test • BLEA: Three (3) minutes to complete a minimum of 35 squat thrusts to pass C.12 The City agrees to indemnify and hold the Association harmless from liability to any Employee who successfully claims that the physical fitness standards or alternative standards adopted pursuant to this Appendix violate the Employee's Rights under the ADA or WSLAD or other law governing disability discrimination. Page 47 of 68 Packet Pg. 319 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a APPENDIX "D" to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS' ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS' ASSOCIATION, hereinafter referred to as the Association. The parties to this Agreement recognize that pursuant to GR 29(f)(5) of the Washington Rules of Court, the Judge of the Edmonds Municipal Court is responsible for the terms and working conditions of court personnel and the City is responsible for negotiating with regard to the wages of such personnel. The parties therefore have agreed to the following terms and conditions with regard to court security personnel, as follows: 1. Acknowledgement of Coverage. The parties stipulate and agree that court security services performed by armed individuals with the powers of arrest shall be considered bargaining unit work under the Collective Bargaining Agreement ("CBA") for its commissioned police officers between the Association and the City. Bailiff service performed by unarmed individuals who do not possess a power of arrest shall not be considered bargaining unit work under the CBAs for police support personnel or commissioned officers. The Association is the collective bargaining representative for commissioned police officers and police support personnel under two separate CBAs. 2. Judge's Discretion. Pursuant to Court Rule 9 the Judge shall, at his sole discretion, determine how security service shall be provided for the Edmonds Municipal Court. If the Judge elects to use unarmed individuals without the power of arrest and whose duties include only the ability to detain individuals pending arrest by a commissioned police officer, these persons shall not be subject to the CBA for its commissioned police officers. 3. Security Services; Commissioned Officers With Powers of Arrest. If the Judge elects to utilize armed individuals with the power of arrest to provide court services, that work shall be considered bargaining unit work and addressed under the terms of this agreement and future CBA, when approved. It is the intent of the parties that this agreement be embodied in any future CBA between the parties, but that binding effect shall not occur until a CBA is approved in full by the Edmonds City Council and the members of the applicable bargaining unit. 4. Personnel Pool Required. The parties agree and stipulate that a minimum pool of at least five interested officers in the bargaining unit are required to provide effective, continuous and trained services to the court. The Association shall be given first opportunity, on an annual basis, to provide a pool of officers for selection as court personnel. This option shall be exercised by October 31 St of the preceding year. If the Association fails to exercise its option, or at any time the Association is unable to fill a given court security shift (due to vacation, illness or Page 48 of 68 Packet Pg. 320 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a other reasons), the Judge shall be free to fill additional slots on the court security personnel roster through an interlocal agreement with the City of Mountlake Terrace, or such other law enforcement entity as the Judge in his sole discretion may elect. 5. Payment of Association Members. Officers on the duty roster for court security personnel shall be paid at a base rate for such work equal to two-thirds of their contract rate of pay under the CBA between the parties, or the federal minimum wage, whichever is greater. Such base rate shall include two-thirds of the longevity and any other premium pay to which the individual would be entitled under terms of the CBA. In addition, the parties acknowledge that the following rules shall be utilized to calculate the individual's final total payment. 5.1 Because officers on the duty roster will normally be assigned to a full 7K exempt work schedule, it is the belief and understanding of the parties that this work shall be subject to an overtime rate. The parties stipulate and agree that in addition to the base rate attached above, the parties shall also be entitled to the normal CBA overtime rate for the position which the individual holds. The overtime rate is believed and stipulated to be in excess of the Fair Labor Standards Act required overtime rate. In the event that the Fair Labor Standards Act would result in an overtime rate higher than that provided by this Agreement, the individual shall be paid such rate, but may be removed from the duty roster by the Judge at his discretion. It is the parties' understanding and intent that an individual who works additional hours as court security personnel shall be compensated at two-thirds of the normal contract rate of pay for the position that the individual holds with the City be combined with the stipulated overtime rate set by this Agreement. Overtime shall be calculated in accordance with the CBA between the parties rather than the Fair Labor Standards Act so long as that calculation results in a higher rate of pay. It is the parties' understanding and intent therefore that the contract rate of pay established pursuant to this Agreement and the CBA shall always be in excess of the Fair Labor Standards Act rate. Page 49 of 68 Packet Pg. 321 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a APPENDIX "E" to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS' ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the City, and the EDMONDS POLICE OFFICERS' ASSOCIATION, hereinafter referred to as the Association (EPOA). 1. PURPOSE. It is the policy and intent of the Employer and the Association to maintain a safe and healthy working environment for all employees, to ensure efficient and safe community service, to protect employees and the City from liability, to safeguard City property and assets, and to comply with all applicable laws and regulations governing substance abuse. The parties are committed to a substance -free workplace and have an obligation to ensure public safety and trust in its services and programs. Accordingly, the manufacture, distribution, dispensation, possession, or use of a controlled substance, the unauthorized use of prescription drugs, the use of drugs not medically authorized, or the use of any other substance, including alcohol, which would impair job performance or pose a hazard to the safety and welfare of the employee, the public, or other employees is strictly prohibited. Employees who possess or use substances in violation of this Policy may be subject to discipline in accordance with this Policy. It is imperative that employees, who abuse substances, as defined in this Policy, be aware of the seriousness of such misconduct and the potential penalties. In addition to law enforcement measures that could be invoked for criminal violations, such employees may be subject to discipline because of the serious safety, health, and service risks that they create. By avoiding substance abuse, such risks and penalties may be averted. All employees are strongly urged to follow the guidelines in this Policy and utilize rehabilitation services if substance abuse becomes a personal problem. 1.1 Medical Review Officer. The City has designated a licensed individual with knowledge of substance abuse disorders and appropriate medical training to serve as its Medical Review Officer ("MRO"). The MRO shall interpret drug test results for the City. The Medical Review Officer is Drug Free Business MRO Services, Dr. Dee McGonigle, MD, or designee or successor, 18912 North Creek Parkway, Suite 202, Bothell, WA 98011; (866) 448 — 0657. Page 50 of 68 Packet Pg. 322 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a 1.2 Substance Abuse Professional. The City has designated a licensed individual with knowledge of substance abuse disorders and appropriate medical training to serve as its Substance Abuse Professional ("SAP"). The SAP shall determine whether employees who fail a drug or alcohol test or refuse to submit to such a test need assistance in resolving problems associated with substance abuse. The SAP will recommend a course of action to such employees and determine whether they follow through with the SAP's recommendations. The SAP shall also determine the frequency and duration of follow-up testing for any such employees who are permitted by the City to return to work. The Substance Abuse Professional is obtained through Compsych, (800) 570 — 9315. 2. DEFINITIONS. 2.1 Employee. "Employee" includes members of the Edmonds Police Department subject to provisions of this collective bargaining agreement. 2.2 Substance. "Substance" includes drugs and alcohol, as defined below. 2.2.1 Drug. "Drug" means any substance that impairs an employee's ability to perform a job or duty, or poses a threat to the safety of the employee or others. This definition includes controlled substances (those substances whose dissemination is controlled by regulation or statute, including, but not limited to, those drugs included in Schedule I and II as defined by 21 U.S.C. 801 et seq., the possession of which is illegal under Chapter 13 of that title). Such controlled substances are frequently and commonly referred to in familiar terms and specifically include marijuana, cocaine, opiates, amphetamines, and phencyclidine ("PCP"). Further, this definition of drug also includes over-the-counter drugs and/or drugs which require a prescription or other written approval from a licensed medical practitioner for their use, if the use of such drug(s) is likely to or does impair the employee's ability to perform a job or duty, or poses a threat to the safety of the employee or others. It further includes any other substance capable of altering an individual's mood, perception, pain level, or judgment (e.g., mushrooms, glue). 2.2.2 Alcohol. "Alcohol" means any intoxicating liquor that when consumed to excess will produce some level of intoxication. Page 51 of 68 Packet Pg. 323 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a 2.3 Substance Abuse. "Substance abuse" means involvement with a substance in violation of this Policy. 2.4 Substance Test. "Substance test" includes both drug and alcohol tests, as defined below. 2.4.1 Drull Test. "Drug test" means a urinalysis test for the presence of amphetamines, cocaine, opiates, THC (marijuana), and phencyclidine (PCP). 2.4.2 Alcohol Test. "Alcohol test" means a breath test to determine an employee's alcohol concentration level pursuant to Section 4.6.2, below. 2.5 Passing a Substance Test. "Passing a substance test" means passing a drug and/or alcohol test, as defined below 2.5.1 Passing a Drug Test. "Passing a drug test" means that the test result does not show any positive evidence of the presence of a drug in the employee's system that is at or above a determined threshold level. The threshold level for drugs, shall be as set forth in Department of Transportation Standards 49 CFR PART 40 §40.87. An MRO must determine that the results of a drug test: (1) show no evidence or insufficient evidence of a prohibited drug or drug metabolite; (2) show evidence of a prohibited drug or drug metabolite, but there is a legitimate medical explanation for the result; (3) show evidence of a prohibited drug or drug metabolite below a determined threshold level; or (4) are suspect because of irregularities in the administration of the test or chain of custody procedures. Passing a drug test shall be referred to as "testing negative." 2.5.2 Passing an Alcohol Test. "Passing an alcohol test" means that the test result shows an alcohol concentration of 0.02. Passing an alcohol test shall be referred to as "testing negative." Page 52 of 68 Packet Pg. 324 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a 2.6 Failing a Substance Test. "Failing a substance test" means that the test result showed positive evidence of the presence of a substance in an employee's system that is at or above a determined threshold level. This determination shall be made by the City MRO under the same standards as passing a substance test. Failing a substance test shall be referred to as "testing positive." Refusal to submit to testing may result in disciplinary action up to and including termination. 2.7 Under the Influence. "Under the influence" is defined as a condition arising from using a substance, which may limit an employee's ability to safely and efficiently perform a job or duties, or may pose a threat to the safety of the employee or others, and it shall be determined by the presence of a substance in an employee's system as measured by a substance test in accordance with the terms of this Policy 2.8 Impaired. "Impaired" means a diminishing or worsening of an employee's mental or physical condition that is the result of using a substance. 2.9 Medical Authorization. "Medical authorization" means a prescription or other written approval from a licensed medical practitioner for the use of a substance in the course of medical treatment, which must include the name of the substance, the period of authorization, and whether the prescribed medication may impair job performance. This requirement also applies to refills of prescribed drugs. 3. PROHIBITED ACTIVITY. 3.1 Alcohol. The use or possession of alcohol during working hours, on City property, or in City vehicles is prohibited. Employees are not permitted to report for work or to perform any City business while under the influence of alcohol Employees who report to work with an alcohol concentration at or greater than 0.02, will not be permitted to report to work or remain at work. Additionally, an employee who reports to work with the obvious odor of intoxicating beverages on their breath, but not "under the influence" of alcohol as defined herein will not be allowed to perform any City business and may be subject to discipline. Reasonable exceptions to this policy may be made for the legitimate business needs of the department (i.e. undercover work). 3.2 Drugs. The manufacture, distribution, dispensation, possession, or use of a controlled substance, Page 53 of 68 Packet Pg. 325 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a a drug not medically authorized, or other substances that impair job performance or pose a hazard to the safety and welfare of the employee, the public, or other employees is prohibited. An employee is not permitted to report to work or perform any City business while under the influence of any drug, including medically authorized or over-the-counter drugs, which impair work performance. Employees who perform safety -sensitive functions must report the medical use of drugs or other substances that could impair safe job performance to a member of command staff or the City's HR Department and provide proper written medical authorization from a licensed medical practitioner that the substance will not adversely affect the employee's ability to safely perform work. It is the employee's responsibility to determine from the licensed medical practitioner whether the prescribed drug would impair safe job performance. Failure to report the medical use of such drugs, or failure to provide proper evidence of medical authorization, may result in disciplinary action, including possible termination. Reasonable exceptions to this policy may be made for the legitimate business needs of the department. (i.e. undercover work). 4. SUBSTANCE TESTING SITUATIONS. 4.1 Testing Based On "Reasonable Suspicion." When a supervisor or Command Staff member reasonably suspects that an employee may be under the influence of or impaired by a substance, the employee shall be required to submit to a substance test. Although an employee may be relieved of duty at any time because of such concerns, a supervisor's or manager's decision to require a substance test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee. The supervisor or manager making the determination must have received training in detecting the signs and symptoms of substance abuse. Except in emergency situations, the supervisor should consult with another supervisor, Command Staff member, or representative of the Human Resources Department to ensure that adequate grounds for reasonable suspicion exist. 4.2 Refusal to Submit to Testing. Refusal by an employee to take a substance test when directed to do so by his/her supervisor or manager after being advised of the basis for the reasonable suspicion and after being allowed to consult with an Association Representative (which consultation shall not unduly delay testing) may be considered insubordination, and the employee may be relieved of duties immediately pending investigation. Refusing to take a substance test includes: failure to appear for the test within a reasonable time after being directed to do so; failure to remain at the test site until the test is complete; failure to provide adequate breath or urine for testing without a valid medical explanation; failure to cooperate with any directions given during the testing process, including directions for an observed sample collection; use of a prosthetic device that could interfere with the test; or adulteration or substitution of the test sample. Refusal to submit to testing may result in disciplinary action up to and including termination. Page 54 of 68 Packet Pg. 326 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a 4.3 Return -to -Work and Follow -Up Testing. An employee who has refused to take a substance test, or who has tested positive for a substance, including those employees who have undergone evaluation and/or rehabilitation, will not be permitted to return to work until the employee has passed a substance test, has been evaluated by the SAP, the SAP has confirmed that the employee complied with his/her education and/or treatment plan, and the City determines that the employee is fit to return to duty. When the City, in its sole discretion, decides to return an employee who has tested positive for drugs or alcohol to duty, and there has not been a successful grievance or charge of unfair labor practice relating to the testing process, the employee shall follow the treatment plan as determined by the SAP and shall be subject to follow up random drug testing for a period of not more than twenty four (24) months. 4.4 Right to Representation. In all substance test situations, an employee may request the presence of his/her Association representative. Association representatives shall be immediately notified at the outset of any substances testing situation involving a bargaining unit member. Although an employee may later file a grievance against the direction to submit to substance testing, the employee must take the test when ordered to do so. At any time, the Association, upon request of the employee, will have the right to inspect and observe any aspect of the substance testing process with the exception of individual test results, provided that such inspection does not delay any testing procedure. The Association may inspect individual test results if the release of this information is authorized by the employee involved. 4.5 Urine Specimen Collection. Specimen collections for drug testing shall take place at Lynnwood Urgent Care (Immediate Clinic), 4725 196 St. SW, Lynnwood, WA 98036 during clinic hours and after hours at Swedish Hospital Edmonds, or any other site designated by the City. Employees are required to complete any necessary forms and to cooperate fully with collection and testing procedures. Sample collection shall be in accordance with DOT's Procedures for Transportation Workplace Drug and Alcohol Testing Programs, 49 CFR Part 40 ("DOT substance testing procedures"). These procedures are designed to ensure the integrity of the sample while maintaining employee privacy. In certain limited circumstances, employees will be required to provide a urine sample for testing under direct observation. Under no circumstances shall an employee's direct supervisor serve as the collection site person. At the employee's or the Association's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Association for testing. Any request to requisition a sample of the specimen must be made within seventy-two (72) hours of the specimen's collection. The cost of this test will be paid by the Association or the employee. The use or Page 55 of 68 Packet Pg. 327 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a non-use of this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. Any attempt to tamper with a urine sample or otherwise obstruct the testing process shall be considered the same as testing positive and will result in discipline, up to and including termination. 4.6 Test Procedures. All substance testing shall comply with DOT substance testing procedures. These procedures are designed to ensure the accuracy and integrity of the test results and include screening tests, confirmation tests, chain of custody safeguards, and appropriate privacy and confidentiality protections. 4.6.1 Drug Testing. Drug testing, during normal business hours, will normally be performed by urinalysis at Pathology Associates Medical Lab, PO Box 2687, 20730 Bond Road NE #205, Spokane WA 94220 (laboratory). Testing required outside of normal business hours shall be conducted at Swedish Hospital, 21601 76th Avenue West, Edmonds, WA 98026. The test involves an initial screening performed by the enzyme multiplied immunoassay test (`EMIT"). Any positive test is then confirmed by a second test of the same sample by Gas Chromatography/Mass Spectrometry ("GUMS"). The City's designated MRO shall receive and interpret test results and report them to the City. Prior to reporting a positive test result, the MRO shall give the employee an opportunity to discuss the test result. If the employee meets with the MRO and fails to present information affecting the test result, or if the employee refuses to meet with the MRO, the MRO will verify a positive test result and will inform the City Human Resources Director or other designated management representative, on a confidential basis, that the employee tested positive. The MRO will also inform the employee at the time the test result is verified that s/he may request a "re -test" within seventy-two (72) hours. (The "re -test" shall be performed at a different laboratory, at employee expense unless the employee passes the re -test.) Upon request, the employee shall be given a copy of the positive test results. 4.6.2 Alcohol Testing. Alcohol shall be tested by means of the Draeger machine currently in use or future equipment which may supersede the Draeger machine (but excluding the P.B.T device). Draeger alcohol tests shall be conducted utilizing one of the WSP Draeger testing sites. The testing shall follow the protocols established for criminal investigations, including the requirement of two breath samples within the proper variance. If the initial test indicates an alcohol concentration of 0.02 or greater, a Page 56 of 68 Packet Pg. 328 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a second test shall be performed to confirm the results of the initial test at the election of the employee. The confirmatory test shall also use a 0.02 blood alcohol concentration level to measure a positive test. If the employee declines to take the second confirmatory test, the first test will be used to determine alcohol concentration. At the employee's option, the employee may submit to a blood specimen to be collected and tested at a laboratory chosen by the employee or Association for testing. The blood specimen could be used to challenge the results of the breath test. The cost of this test will be paid by the Association or the employee. A decision not to use this option or an employee's failure to provide the results obtained under this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. 5. ENFORCEMENT AND DISCIPLINE. The City takes a strong stand against substance abuse and its impact on the workplace. Accordingly, violations of this Policy may be grounds for appropriate disciplinary action, up to and including termination. Additionally, law enforcement authorities will be notified in appropriate situations. 6. REPORTING VIOLATIONS. Experience indicates that individuals with substance abuse problems best respond to appropriate confrontation, dialogue, and notice about the impact and risks of their situation. Therefore, an employee who is aware of substance use or behavior in violation of this Policy is encouraged to promptly report the behavior to management. To the degree possible, the reporting employee's identity will be kept confidential. 7. REHABILITATION. The City offers employees the use of rehabilitative services subject to coverage limitations and in accordance with the terms of its benefit programs. Employees are personally responsible for seeking appropriate treatment for substance dependency. Employees who voluntarily seek treatment for substance dependencies will be allowed to use personal leave and benefits as for any other illness and will not have job security or opportunities for promotion jeopardized by seeking treatment. However, such employees are subject to the same prohibitions and penalties as other employees regarding the manufacture, distribution, dispensation, possession, or use of substances in violation of this Policy. In addition, substance -dependent employees are subject to appropriate disciplinary action, including possible termination, if they do not meet general performance standards, conduct requirements, or other conditions of employment. Employees who refuse to take a substance test, or who test positive for a substance in violation of this Policy, may be given the opportunity to enter a rehabilitation program in lieu of termination. Employees who successfully complete rehabilitation under such circumstances may be returned to work at the City's discretion in accordance with the return -to -work provisions of this Policy. Page 57 of 68 Packet Pg. 329 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a 8. RECORDS. Records of treatment for substance dependency, substance tests, or of employees or applicants involved in other situations related to this Policy will be maintained by the City as confidential medical records. Confidentiality of substance tests cannot be guaranteed if testing results are used by the City in a disciplinary action. Only City management representatives with a "need -to -know" responsibility will be made aware of substance abuse situations or test results. No third party shall be provided with such information without specific written authorization by the employee, except as required or permitted by law. 9. ASSOCIATION HELD HARMLESS The City shall be solely liable for any legal obligations and costs arising out of the provisions of this Policy and/or application of this Policy, except as otherwise provided herein. The Association shall be held harmless for all claims arising out of errors, omissions or negligent acts by the third -party contractors hired by the City to conduct the drug testing under this Policy, including failure to abide by the protocol established by this Policy; and for all claims arising out of the implementation/administration of this drug Policy. Page 58 of 68 Packet Pg. 330 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a APPENDIX "F" to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDSPOLICE OFFICERS' ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the City, and the EDMONDS POLICE OFFICERS' ASSOCIATION, hereinafter referred to as the Association (EPOA). 1.0 Purpose This documents acceptable use of City of Edmonds Device and Systems Policy, and provides guidance for managing the use of City owned electronic devices and systems by all departments, employees and users of City systems. 2.0 Background The City of Edmonds provides employees with a variety of devices, and technology systems such as telephones, voice mail, computers, facsimile machines, instant messaging, electronic bulletin boards, electronic mail (email) systems, cellular phones, wireless devices, Internet access, and social media. The City recognizes the importance of electronic devices and tools in accomplishing work in an efficient manner. Access to these systems provides rapid exchange of information that improves productivity. It is important, however, that these devices and systems be used in a manner which benefits the government and which is responsible to City taxpayers. The goal of this policy is to ensure economical, effective, and efficient management of communication systems and to ensure that employees use these systems in a professional manner that reflects positively upon the City. This policy establishes privileges and responsibilities for employees, and employees must agree to, and abide by this policy to utilize these systems. 3.0 Scope This policy applies to all employees, contractors, consultants, temporary employees, vendors and any others that are provided access to City of Edmonds communication systems, including those workers associated with any third parties who access these systems. Throughout this document, the word "employee" will be used to collectively refer to all such individuals. This policy also Page 59 of 68 Packet Pg. 331 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a applies to all communications and data systems owned by and/or administered by the City of Edmonds both on and off City property. 4.0 Authority RCW 42.56 Public Disclosure (42.17 re -codified 7/1/06 to 42.56) RCW 40.14 Public Records 5.0 Device & Systems Usage Policy The City of Edmonds provides access to the vast information resources available through communication devices and systems including, computers, servers, email, voice mail, bulletin boards, instant messaging, cell phones, telephones, wireless devices, tablets, and other telecommunications and information systems. These information resources are for use to help employees work better, faster and smarter, and be well-informed about effective business practices. The facilities to provide that access represent a considerable commitment of City resources. This usage policy is designed to help employees understand the City's expectations for the use of those resources. First and foremost, the City's supplied devices, software, and systems, are provided at significant cost. That means that the City expects these systems to be used for City business related purposes: to accomplish tasks, communicate with customers, suppliers, and associates, to research relevant topics and obtain useful business information. These systems may be used for private purposes on a limited basis that does not interfere with City business. Employees should have no expectation of personal privacy in using them. The City requires employees to conduct themselves honestly and appropriately in the use of the use of technology provided, and respect copyrights, software licensing rules, proprietary rights and prerogatives of others, just as in any other business dealings. To be absolutely clear on this point, all existing City policies apply to employees conducting business with these devices, software, and systems. This includes especially, but not exclusively, those that deal with intellectual property protection, misuse of City resources, harassment, including sexual harassment information and data security, and confidentiality. Unnecessary or unauthorized device and system usage costs money, and causes network and server congestion. It slows other users, takes away from work time, consumes supplies, and ties up printers and other shared resources. Unlawful devices or systems usage may also garner negative publicity for the City and expose Edmonds to significant legal liabilities. Internet postings, blogs, chat groups, social media, newsgroups, and email systems give each user an immense and unprecedented reach to propagate City messages and tell the City story. Because of that power the City must take special care to maintain the clarity, consistency and integrity of the City of Edmonds image and posture. Anything any one employee writes in the Page 60 of 68 Packet Pg. 332 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a course of acting for the City on the communication systems can be interpreted as a formal representation of the City's position. While the City's use of these devices and connections to systems offer many potential benefits, it can also open the door to significant risks to our data and systems if employees do not follow appropriate security discipline. As presented in greater detail, that may mean preventing machines with sensitive data or applications from connecting to a communication system entirely, or it may mean that certain users must be prevented from using certain communication systems or their features, for example remote file access or file transfers. The overriding principle is that security is to be a primary concern of every user. Employees may be held accountable for intentional or reckless breaches of security or confidentiality. Certain terms in this policy should be understood expansively to include related concepts. Document Covers any kind of file, or stream of data, that can be stored, printed, read, or viewed. This would include files for browsers, desktop applications, such as word processing or desk -top publishing, and specialized software programs databases, GIS, and their viewers. Graphics Includes photographs, pictures, video, images, animations, movies, or drawings. Display Includes monitors, flat -plane active or passive matrix displays, monochrome LCDs, projectors, televisions, handheld screens and virtual -reality tools. Audio Includes any sounds, recordings and files containing sounds or voice. All employees provided or granted device, software or systems access will be provided a copy of this policy or a "link" to the policy where it may be viewed and/or printed. Any questions concerning the policy should be directed to the employee's supervisor. If there is any portion of this policy that is not clearly understood by the employee, it is the employee's responsibility to bring the question to the attention of their supervisor for clarification. 6.0 Detailed Policy Provisions 6.1 Management and Administration 6.1.1 The City of Edmonds has software and systems in place that can monitor and record all software and systems usage. Most systems such as electronic mail, facsimile transmissions, Internet traffic, and voice mail are technologies that create an electronic record. This is what separates these from other forms of communication such as a telephone conversation. An electronic record, like a paper record, is reproducible and therefore special care must be taken to avoid improper dissemination of protected or confidential information. Electronic records are subject to public disclosure laws to the same extent as are paper Page 61 of 68 Packet Pg. 333 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a records. Electronic records may be inspected for audit or legitimate operational or management purposes. The City reserves the right to inspect any and all files stored in any areas of City systems in order to assure compliance with policy. Electronic records are to be kept, maintained, released, withheld, and destroyed only in accordance with the Public Disclosure Act (RCW 42.65) and the law governing preservation and destruction of public records (RCW 40.14). 6.1.2 The City's security systems are capable of recording (for each and every user) each World Wide Web site visit, each chat newsgroup or email message, and each file transfer into and out of City systems, and other communications related information. The City reserves the right to monitor and record such uses at any time. No employee should have any expectation of personal privacy as to their communication systems usage or use of any software or hardware provided by the City. The City will review communication systems activity and analyze usage patterns, and may use this data to assure that City communication systems resources are devoted to maintaining the highest levels of productivity. 6.1.3 The creation or transmission of any kind of sexually explicit image or document on any City system is a violation of the City's policy on sexual harassment (see Personnel Policies Section 2.4, Sexual Harassment Prohibited). Some images or documents do not apply to this policy, such as the legitimate needs of public safety agencies. In addition sexually explicit material may not be accessed, viewed, downloaded, archived, stored, distributed, edited or recorded using our network or communication systems unless required for the legitimate needs of public safety. The City of Edmonds uses independently supplied software and data to identify inappropriate or sexually -explicit material. The City may block access to all such sites of which the City becomes aware. If an employee is inadvertently connected to a site that contains sexually explicit or offensive material, the employee must disconnect from that site immediately, regardless of whether that site had been previously deemed acceptable by any screening or rating program. 6.1.4 The creation or transmission of derogatory, inflammatory or harassing messages or content using the City system (including, without limitation, derogatory, inflammatory or harassing remarks about an individual's race, age, gender, disability, religion, national origin, marital status, military or honorably discharged veteran status, sexual orientation, including gender expression or identity, genetic information or any other protected characteristic) is a violation both of this policy and of the City's Anti -Harassment Policy. 6.1.5 Use of City communication systems for solicitation of non -City business or for personal gain is prohibited. 6.1.6 The City of Edmonds communication systems and computing resources must not be used to violate the laws and regulations of the United States or any other nation Page 62 of 68 Packet Pg. 334 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a or the laws and regulations of any county, city, province or other local jurisdiction in any material way. Use of any City resources for illegal activity is grounds for discipline, up to and including immediate dismissal and consistent with applicable law. The City will cooperate with legitimate law enforcement and regulatory agencies for logs, diaries and archives on employee activities. 6.1.7 Any software or files downloaded via the City's devices, software, or systems into the City's systems may be used only in ways that are consistent with their licenses or copyrights. 6.1.8 No employee may use City systems to knowingly download or distribute pirated software or data. Any file that is downloaded must be scanned for viruses before it is run or accessed. 6.1.9 No employee may use a City device, software, or its systems to deliberately propagate any viruses or other code harmful to City data or systems. 6.1.10 No employee may use City devices, software, or systems to knowingly disable or overload any computer system or network or to circumvent any security feature of the systems. 6.1.11 Each employee shall identify themselves honestly, accurately and completely (including City department and function where requested) when participating in authorized chats or newsgroups, or when setting up accounts on outside computer systems. 6.1.12 Only those employees or officials who are duty authorized to speak on behalf of the City to the media, to analysts or in public gatherings may speak/write in the name of the City to any electronic media, such as newsgroup, chat room, blog, or social media. Other employees may participate in electronic media in the course of business when authorized and relevant to their duties, and should be cautious to make it clear when they are expressing an individual opinion as opposed to establishing or representing the City's position or policy on a matter. Where an individual participant is identified as an employee or agent of the City of Edmonds, the employee must refrain from political advocacy and must refrain from the unauthorized endorsement or appearance of endorsement by the City of any commercial product or service. 6.1.13 The City of Edmonds retains proprietary rights and the copyright to any material posted to any electronic media (including, without limitation, any social media, forum, newsgroup, chat room or World Wide Web) by any employee in the course of his or her duties with the City, unless otherwise provided by law. 6.1.14 Electronic transmission of protected or confidential City information is governed by the same rules and principles that govern paper transmittals. Protected or confidential City information may include, but is not limited to, certain financial Page 63 of 68 Packet Pg. 335 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a data, personal data, certain proprietary information, security information, trade secrets, and any other material exempted from disclosure, or required to be held confidential by law and City policies and/or procedures. The unauthorized release of protected information - whether or not the release is inadvertent - may subject an employee to penalties or discipline under existing policies and procedures. 6.1.15 A wide variety of materials may be deemed offensive by colleagues, customers or business suppliers. Employees must be aware of this and not store, view, print or redistribute any document or graphic file that is not directly related to the user's job or City activities, or that is likely to be deemed offensive by a reasonable person. (Exception: Viewing of unsolicited material sent to the employee.) 6.1.16 Employees must understand that copyright, trademarks, libel, slander and public speech control laws of all jurisdictions in which the City conducts business apply to the City and its employees. Care must be taken so that the use of the City communication systems does not inadvertently violate any laws which might be enforceable against the City. 6.1.16.1 Employees with device and communication systems access may only download software for direct business use, and they must arrange to have such software properly licensed and/or registered with Information Services. Downloaded software if subject to a license must be used only under the terms of its license. 6.1.16.2 Employees may not download entertainment software or games or play games with others over the communication systems. 6.1.16.3 Employees may not download audio, images or videos unless there is an explicit business -related use for the material and such downloading does not violate any copyright or licensing requirements. 6.1.17 Employees may not upload any software licensed to the City or data owned or licensed by the City without explicit authorization from the manager responsible for the system, software or data. 6.2 Technical 6.2.1 User identification (IDs) and passwords help maintain individual accountability for communication systems resource usage. However, the issuance of ID's and passwords is not intended to create any personal privacy rights. Any employee who obtains a password of or for a device or system resource must keep that password confidential, except for communication with authorized personnel. City policy prohibits the sharing of user IDs or passwords obtained for access to devices, software and systems. Employees shall not use the password or ID of Page 64 of 68 Packet Pg. 336 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a another user, except in cases of job related necessity. Employees shall not reveal the password or ID to an unauthorized person or entity. 6.2.2 Video and audio streaming and downloading technologies represent significant data traffic which cause local network congestion. Employees should schedule communications -intensive operations such as large file transfers, video or audio downloads, mass e-mailings and the like so as not to impact other users of the City's systems. The preferred time for such transfers are the off peak hours between 6:00 PM and 7:00 AM Pacific time. 6.2.3 Streaming audio/video on City provided smart phones and other similarly capable devices is discouraged due to contractual data limitations with the City's cellular provider(s). 6.3 Security 6.3.1 The City has installed a variety of firewalls, application, network address screening programs and other security systems to assure the safety and security of systems. Any employee who intentionally attempts to disable, defeat or circumvent any security facility is subject to discipline up to and including dismissal and possible criminal prosecution. 6.3.2 Files containing confidential and/or protected data that are transferred in any way across communication systems must be protected. 6.3.3 Devices that use their own network to create an independent data connection can sidestep network security mechanisms. These independent connections to outside networks can be used by an attacker to compromise City software, systems and networks. Any device used for an independent network connection must be isolated from the City's internal network. Only approved file sharing applications may be used on City systems. Hotspot connections directly to the City's internal network are prohibited. Questions regarding the application of this section should be directed to Information Services. 6.3.4 Only those communication systems, services and functions with documented City business purpose will be enabled at the systems firewall. 6.4 Incidental Use 6.4.1 De minimis use is an infrequent or occasional use that results in little or no actual cost to the City. An occasional brief local phone call, Internet access or email is an allowable de minimis use of communications systems. The cost of a brief local phone call is negligible and need not interfere with job performance. 6.4.2 The proper stewardship of City resources, including funds, facilities, tools, property, and employees and their time, is a responsibility that all employees Page 65 of 68 Packet Pg. 337 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a share. Accordingly, employees may not use devices, software, or systems for personal benefit or gain or for the benefit or gain of other individuals or outside organizations. Personal benefit or gain may include a use solely for personal convenience, or a use to avoid personal expense. 6.4.3 Responsibility and accountability for the appropriate use of devices, software, or systems ultimately rests with the individual City official and City employee, or with the City official or City employee who authorizes such use. Employees and officials are cautioned that their own personal use of devices, software, or systems should never interfere with another City official or employee, or obligate another employee to make personal use of City resources. In addition, City employees have an affirmative duty to ensure that any personal use of devices, software, and systems is the most efficient in terms of time and resources. 6.4.4 Extensive or repeated personal misuse of City resources, including time, significantly undermines public trust in government. Nevertheless, a very limited personal use of City devices, software, and systems that supports organizational effectiveness would not undermine public trust and confidence. 6.4.5 Subject to restrictions elsewhere in this policy, a City official or employee may make an occasional, but limited, personal use of devices, software, or system resources if: 6.4.5.1 There is little or no cost to the City; 6.4.5.2 Any use is brief in duration, occurs infrequently, and is the most effective use of time or resources; 6.4.5.3 The use does not interfere with the performance of the officer's or employee's official duties; 6.4.5.4 The use does not disrupt or distract from the conduct of City business due to volume or frequency; 6.4.5.5 The use does not disrupt other City employees and does not obligate them to make a personal use of City resources; and 6.4.5.6 The use does not compromise the security or integrity of City property, information, or software. 6.4.6 The City Code, state and federal laws, strictly prohibit uses of taxpayer resources for private benefit or partisan political purposes. Any use of City resources to support such activity clearly undermines public confidence in government and reflects negatively on City employees generally. In compliance with these provisions, this policy explicitly prohibits, at all times and to any degree, the following private uses of devices, software, and systems and resources: Page 66 of 68 Packet Pg. 338 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a 6.4.6.1 Any use for the purpose of conducting an outside business or private employment except for those instances, such as in the Police Department, where the private work has been approved by the Department (i.e. Off - duty police/security work in the City of Edmonds). 6.4.6.2 Any use for the purpose of supporting, promoting the interests of, or soliciting for an outside organization or group, including, but not limited to: a private business, a nonprofit organization, political candidate, a political parry, or a ballot issue (unless provided for by law, City code, or other policy). (Note: It is not intended to prohibit forwarding information related to United Way or other organizations related to city government such as the Association of Washington Cities (AWC); it is also not intended to prohibit the use of City resources to communicate information related to Labor Organizations or Labor Laws of the State of Washington). 6.4.6.3 Any use for the purpose of assisting a campaign for election of a person to a public office or for the promotion of or opposition to a ballot proposition. 6.4.6.4 Any use related to conduct that is prohibited by a federal or state law or rule, or a City code or policy; and 6.4.6.5 Any private use of any devices, software, or systems propelty that has been removed from City facilities or other official duty stations, even if there is no cost to the City. 6.4.7 The general ethics standard is that any use of devices, software, or systems resources other than for official business purposes needs to be brief in duration and frequency to ensure there is little or no cost and the use does not interfere with the performance of official duties. 6.5 Policy Changes; Other City of Edmonds Policies 6.5.1 The City of Edmonds Information Services may modify or revise its devices, software, and systems use policies (including these specific regulations). The City will notify the Union of any changes in policy prior to implementation and bargain any such change that affects wages, hours, or other terms and conditions of employment that constitute mandatory subjects of bargaining. Employees are required to comply with all such subsequent modifications or revisions. Modifications and/or revisions will be posted on a shared network resource, posted on City Web sites, distributed through email, staff meetings or other communication method. 6.5.2 These devices, software, and systems use policies are in addition to, and do not replace or supersede, any and all other policies promulgated from time to time Page 67 of 68 Packet Pg. 339 DocuSign Envelope ID: E1BF3AAC-FB68-421A-9CA9-1F66BD9EE12E 8.5.a which are applicable to City employees (including general policies relating to misuse of City assets or resources, sexual harassment, unauthorized public speaking and misappropriation or theft of intellectual property). Misuse or inappropriate use of devices, software, or resources, in violation of these or any other City policy, may result in discipline, up to and including discharge. 6.6 References: 6.6.2 Revised Code of Washington (RCW) 42.52.160, 42.52.180, 6.6.3 Washington Administrative Code (WAC) 292-120-035; 292-110-010 Page 68 of 68 Packet Pg. 340 8.6 City Council Agenda Item Meeting Date: 03/19/2024 Approval of Public Works Records Administrator Job Description Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History The Public Works Records Administrator position was approved in the 2024 Budget (Decision Package #19). The position is funded by the Utility funds. On March 12, 2024, staff presented this item to the PSPHSP Committee and it was forwarded to the consent agenda. Staff Recommendation Approve job description. Narrative The Public Works Department has identified the need to improve and bring current record keeping related to City owned above ground and below ground infrastructure, City projects and privately owned encroachments into the City right-of-way, that will need to be kept in perpetuity for repair, maintenance, and operational needs of City owned assets. These records consist of construction plans, as -built plans, agreements, easements, street vacations, street dedications, utility abandonment documents, etc. The current libraries of City assets/record drawings are a mix of paper and electronic scanned records spanning a multitude of differing filing systems, making their use challenging and time consuming. This position will establish and maintain a process that accounts for and makes electronically accessible all existing and future drawings and records created through Public Works activities such as capital improvement projects, private development, and operations. Attachments: Attachment 1 - Job Description Packet Pg. 341 8.6.a City of EDMONDS Washington Public Works Records Administrator 12C. t g9" Departments: Public Works Pay Grade: NE-29 Bargaining Unit: AFSCME Council 2 FLSA Status: Non -Exempt Revised Date: February 2024 Reports To: Public Works Director POSITION PURPOSE: Under administrative direction, establishes, formalizes, and maintains records management and archives that account for, and make electronically accessible, all existing documents and drawings for the Public Works Department. Inventories, organizes, and maintains all documents, electronic files, and systems to archive documents in accordance with state and federal laws. In addition, responds to, or supports Public Works staff, in responding to public records requests. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Organizes and maintains project, administrative, and address files for varied divisions of the Public Works department using appropriate manual and computerized indexes and information systems. • Analyzes, recommends, and implements improvements to records management systems including managing record series, indexes, and inventory control to enable efficient access. • Manages records in accordance with retention guidelines according to the Washington Secretary of State Common Records Retention Schedule (CORE). • Assigns retention periods and dispositions of records from schedule to varied records series. • Researches and references documents for staff and other users. • Serves as the department subject matter expert in records management and archival for all divisions under Public Works. • Prepares records for transfer to inactive storage, maintains transfer documentation and indexes, retrieves records when requested, prepares disposition documentation, and arranges disposition. • Lifts and moves boxes of records between work sites, shelving, and pallets. • Prepares and scans paper records to electronic format to store in a central document repository with appropriate metadata indexing for the record series type. Reviews files for content, organization, and identification. Assists in the preparation of materials to be archived and transfer to the appropriate storage location or the designated vendor. Public Works Records Administrator Last Reviewed: 02/05/2024 Last Revis Packet Pg. 342 JOB DESCRIPTION Public Works Records Administrator 8.6.a Page 2 of 4 • Manages relationships with existing consultants under contract that are currently managing file archiving projects. • Performs research, compiles data, and provides reports using manual and computerized index and filing systems. • Collaborates with Public Works staff to effectively coordinate and communicate procedures, processes, and policies for archiving documents. • Coordinates with the Deputy City Clerk and Public Records Officer to comply with internal City policies and State law. • Performs other related duties as assigned that are within the scope of this position classification. Required Knowledge of: • Knowledge of records management and public disclosure laws, regulations, and policies. • Records management systems, including filing and indexing systems. • Record -keeping and archiving techniques. • Active and inactive file storage procedures. • Imaging and document management software. • Scanning and other records technologies. • Complex office practices. • The organization, function, activities, policies, procedures, and practices of the area of assignment. Required Skill in: • Establishing and maintaining records indexes and complex filing systems using the appropriate system for the record series. • Working in and analyzing a complex records and information environment involving application and interpretation of rules, regulations, and policies. • Conducting file and document searches in electronic and paper document filing systems. • Working with technical staff to access records in electronic file formats from various storage systems. • Working with staff at all levels to apply policies and coordinate records systems. • Proficiently operate computers, software, and standard office equipment. • Microsoft Word, Excel, Outlook, Adobe Acrobat Pro, Laserfiche • Learning new and rapidly changing techniques used in modern records systems, including computer and imaging technologies. • Working with minimal supervision and independent problem -solving. • Maintaining a high level of accuracy and attention to detail. Public Works Records Administrator Last Reviewed: 02/05/2024 Last Revis Packet Pg. 343 8.6.a JOB DESCRIPTION Page 3 of 4 Public Works Records Administrator • Understand and follow oral and written instructions. • Communicating effectively verbally and in writing, including customer service. • Planning and organizing work to meet schedules and time lines. • Interpreting and applying federal, state, and local policies, laws and regulations related to area of responsibility. • Establishing and maintaining effective working relationships with staff, management, vendors, outside agencies, community groups and the general public. • Maintaining a work environment free of discrimination, harassment, and retaliation. • Supporting diversity and multicultural understanding in the workplace. MINIMUM QUALIFICATIONS: Education and Experience: Associate degree or equivalent in Records/Information Management, Library Science, Business, or a related field. An equivalent combination of education, training and experience which allows the incumbent to successfully perform the essential functions of the position may also be considered. Preferred Qualification: Prior clerical experience that includes records management. Required Licenses or Certifications: • A valid driver's license is required at time of hire. A State of Washington Driver's License is required within 30 days from date of hire. • Must be able to successfully complete and pass a background check. WORKING CONDITIONS: Environment: • Office and construction site environments. • Driving a vehicle to conduct work. Physical Abilities: • Hearing, speaking or otherwise communicating to exchange information in person and on the telephone. • Operating a computer keyboard and various tools. • Reading and understanding a variety of materials. • Bending at the waist, kneeling, or crouching, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks, including the ability to climb a safety ladder and to lift, push, pull, or carry media weighing up to 40 pounds. Public Works Records Administrator Last Reviewed: 02/05/2024 Last Revis Packet Pg. 344 8.6.a JOB DESCRIPTION Public Works Records Administrator Hazards: • Contact with dissatisfied individuals. Incumbent Signature: Date: Department Head: Date: Page 4 of 4 Public Works Records Administrator Last Reviewed: 02/05/2024 Last Revis Packet Pg. 345 8.7 City Council Agenda Item Meeting Date: 03/19/2024 Approval of Amendment for On -Call Stormwater Review Services Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On February 28, 2023, City Council approved on -call stormwater review services and authorized staff to advertise a request for qualifications. On March 12, 2024, staff presented this item to the Parks and Public Works Committee and it was forwarded to the consent agenda. Staff Recommendation Approve amendment. Narrative In February 2023, the City Council approved the use of on -call professional services for stormwater drainage review of private development permits to allow the City's stormwater Engineer to focus on the update of the City's Storm and Surface Water Comprehensive Plan. In early February, the City's Stormwater Engineer retired and the position is now vacant. There is an on- going recruitment to fill the vacancy, but it has been a difficult position to fill in the past, due to the specialized stormwater engineering experience and knowledge needed for the position. Staff must rely on the on -call services agreement to complete all stormwater drainage reviews for private development projects. The preliminary budget estimate for on -call stormwater drainage review services for the remaining duration of 2024 is $120,000. This estimate covers the period from March/April 2024 to the end of the year. The actual amount will depend on how much private development and permit activity occurs in 2024. The cost related to the on -call services will be reimbursed by permit applicants as part of their plan and permit review fees. Attachments: Attachment 1 - Amendment Packet Pg. 346 8.7.a CITY OF EDMONDS MIKE 1215T"AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 WWW.EDMONDSWA.GOV ROSEN MAYOR PUBLIC WORKS DEPARTMENT I ENGINEERING DIVISION AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Edmonds, a Washington municipal corporation, hereinafter referred to as the "City," and Atwell, LLC, hereinafter referred to as the "Consultant," entered into an underlying agreement for On -Call Stormwater Review Services, dated August 15, 2023 ("Underlying Agreement"); and WHEREAS, Section 12 of the Underlying Agreement provides that changes thereto must be documented by a written amendment executed by both parties; and WHEREAS, the parties have determined that it is necessary to increase the amount of the Underlying Agreement to allow the Consultant to complete the work provided for therein and to update the fee schedule with the Consultant's 2024 rates; NOW THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement of August 15, 2023 between the parties, incorporated by this reference as fully as if herein set forth, is hereby amended in, but only in, the following respects: 1.1 The $80,000 amount set forth in paragraph 2A of the Underlying Agreement and stated as an amount which shall not be exceeded, is hereby amended to include an additional not to exceed amount of $120,000 for the original scope of work identified in Exhibit A to the Underlying Agreement. As a result of this Amendment No. 1, the total contract amount of the Underlying Agreement is hereby increased to a new total not -to -exceed amount of $200,000 ($80,000 plus $120,000). 1.2 Exhibit B to the Underlying Agreement consisting of the rate and cost reimbursement schedule is hereby amended to include the form set forth on the attached Exhibit B to this Amendment No. 1, which provides the Consultant's 2024 rates and is incorporated by this reference as fully as if herein set forth. Packet Pg. 347 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth in this Amendment No. 1 but only as set forth herein. DONE this day of 2024. CITY OF EDMONDS ATWELL, LLC Mike Rosen, Mayor Robert Dahn, Senior Project Manager ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2 Packet Pg. 348 8.7.a STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day of 2024, before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Robert Dahn to me known to be the Senior Project Manager of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 349 Exhibit B 8.7.a f'%ATWELL 2024 PROFESSIONAL SERVICES FEE S HEDULE REAL ESTATE & LAND DEVELOPMENT PROJECT MANAGEMENT SERVICES Senior Project Manager $255/hour Project Manager 1-III $212 to $240/hour Associate Project Manage 1-11 $178 to $195/hour Project Coordinator 1-III $105 to $137/hour ENGINEERING & PLANNING SERVICES Senior Technical Advisor $325/hour Senior Project Enginee $223/hour Engineer/Designer I-V $141 to $212/hour Planner/Designe I-V $141 to $212/hour Technician I-V $65 to $126/hour SURVEYING & MAPPING SERVICES Senior Project Surveyo $223/hour Project Survey r I-V $141 to $212/hour Senior Crew Chief $164/hour Crew Chief 1-III $109 to $146/hour Crew Member 1-11 $80 to $95/hour Certified sUAS Pilot $190/hour Technician I-V $65 to $126/hour GIS Services $113 to $170/hour ENVIRONMENTAL & ECOLOGICAL SERVICES Senior Envir nmental/Ecological Consultant $223/hour Environmental C nsultant 1-V $141 to $212/hour Technician I-V $65 to $126/hour PROGRAM MANAGEMENT & CONSTRUCTION ADVISORY SERVICES Program Manager 1-11 $270 to $282/hour Senior Construction Manager $225/hour Constructi n Manager 1-11 $195 to $212/hour Constructi n Engineer 1-11 $138 to $175/hour Constructi n Coordinat r $128/hour Estimating Services $178 to $212/hour Safety Co rdinat r $142/hour MISCELLANEOUS Project C ntrolle Se vices $102 to $124/hour Project Executive $325/hour Expert Witness $250/hour Expert Testimony $325/hour In addition to the labor rates shown above, reimbursable expenses shall be charged in acc rdance with the attached rate schedule. ATWELL, LLC Professional Services I Real Estate & Land Development 2024 Fee Schedule Page 1 of 2 Packet Pg. 350 8.7.a f'%ATWELL 2024 PROFESSIONAL SERVICES NON -LABOR CHARGES REAL ESTATE & LAND DEVELOPMENT OFFICE 24" X 36" bond black and white plots/copies $2.50/each 24" X 36" bond black and white mylars $15/each 24" X 36" color imagery plots/copies $26/each 24" X 36" standard color plots/copies $15/each 8.5" X 11" black and white plots/copies $0.25/each 8.5" X 11" color plots/copies $1.50/each 11" X 17" black and white plots/copies $0.75/each 11" X 17" color plots/copies $3.00/each County GIS Data cost + 10% Postage & Shipping cost + 10% Recording Fees cost + 10% FIELD EQUIPMENT Laser Scanner $650/day Photoionization Detector (PID) $115/day 4-Gas Monitor w/ Remote Sensor $85/day UTV + Trailer $100/day Boat $300 to $600/day Unmanned Aircraft System (UAS) Drone (Camera) $175/day Unmanned Aircraft System (UAS) Drone (LIDAR) $1,750/day FIELD MATERIALS Wood Stakes $1.25/stake Iron Pipes $3.50/pipe Monuments cost + 10% MISCELLANEOUS Mileage IRS Rate Auto Rental cost + 10% Fuel cost + 10% Air Fare cost + 10% Lodging* cost + 10% Meals* cost + 10% Project Sub -consultants cost + 15% Misc./Out of Pocket Expenses** cost + 10% Rental Equipment cost + 15% Parcel Data $0.75/parcel Technology Fee/Specialized Software by Industry $50 to $200/day *Travel costs as noted, unless otherwise agreed to as a per diem charge per contract. **All permit, application, and submittal fees shall be paid directly by the client. ATWELL, LLC Professional Services I Real Estate & Land Development 2024 Fee Schedule Page 2 of 2 Packet Pg. 351 8.8 City Council Agenda Item Meeting Date: 03/19/2024 Approval of Professional Services Agreement for Design Engineering Services with DEA for Phase 12 & 13 Sewerline Replacement and Rehabilitation Projects Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On March 12, 2024, staff presented this item to the Parks and Public Works Committee and it was forwarded to the consent agenda. Staff Recommendation Approve professional services agreement. Narrative The City issued a Request for Qualifications (RFQ) in November 2023 to hire a consultant to provide engineering services for the Phase 12 (2025) and 13 (2026) Sewerline Replacement and Rehabilitation Projects. The City received statements of qualifications from five engineering firms and the selection committee selected DEA based on their qualifications and experience. The consultant will review and evaluate all sites planned to be completed as part of the Phase 12 and 13 Projects. Recommendations will be provided for the most effective repair method/solution for each site Preliminary engineering and construction estimates will be used to determine which sites will be completed as part of the Phase 12 and Phase 13 projects. This work is anticipated to be completed by fall 2024. The scope of work and fees to finish the design for each phase will be submitted separately to the City Council for review and approval. The City has negotiated a consultant fee of $237,624 that includes a management reserve of $21,541 for this agreement. This cost will be funded by the Sewer Utility Fund. In total, the Phase 12 & 13 Sewerline Replacement Projects will rehabilitate/replace approximately 9,000 linear feet of existing sewermain and associated appurtenances at various locations within the City. In addition, 36 separate sewer laterals will be included due to significant and constant root intrusion issues. The selection of sites was determined using data supplied in the 2013 Comprehensive Sewer System Plan, coordination with upcoming street, water, and storm drain projects, and input from Public Works Operations. The Phase 12 and 13 projects will focus on lining pipe segments and Packet Pg. 352 8.8 replacement/rehabilitation of pipes that Public Works Operations frequently maintains to prevent sewer backups and overflows. Attachments: Attachment 1 - Agreement Attachment 2 - Project Sites Packet Pg. 353 8.8.a 0F EDV MIKE ROSEN a CITY OF EDMONDS MAYOR 121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 WWW.EDMONDSWA.GOV n PUBLIC WORKS DEPARTMENT I ENGINEERING DIVISION PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and David Evans and Associates, Inc., hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering services with respect to the Phase 12 and Phase 13 Sewer Replacement and Rehabilitation Projects; and WHEREAS, the Consultant has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above -mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth in Exhibit B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of TWO HUNDRED THIRTY-SEVEN THOUSAND SIX HUNDRED TWENTY-FOUR DOLLARS ($237,624). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. E24GA.DEA PSA I Packet Pg. 354 8.8.a 3. Ownership and use of documents. All research, tests, surveys, preliminary data, reports, and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations, documentation and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this Agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. D. Reuse or modification of any Consultant -prepared materials without the written consent of the Consultant shall be at the City's sole risk. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. The Consultant's services must at all times and in all events be governed by the exercise of sound professional practices. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the negligent acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. E24GA.DEA PSA 2 Packet Pg. 355 8.8.a 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coveraize A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000) per claim/aggregate. Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time, which may be redacted by the Consultant or the Consultant's insurers' discretion to protect confidential or proprietary elements of the policies. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. The Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City, and subject to the Standard of Care. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property E24GA.DEA PSA 3 Packet Pg. 356 8.8.a located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other parry written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document, its Appendices 1 & 2, and the Scope of Work and fee schedule attached hereto as Exhibits A and B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A or B, this Agreement shall control. 12. Changes/Additional Work. The City may engage the Consultant to perform services in addition to those listed in this Agreement, and the Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. The Consultant represents that the Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. The Consultant and any persons employed by the Consultant shall perform the work in a manner consistent with the degree of care and skill ordinarily exercised by members of the Consultant's profession currently practicing under similar circumstances in the same locality. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he/she/they has/have not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they has/have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of E24GA.DEA PSA 4 Packet Pg. 357 8.8.a individuals, and any other applicable standards or criteria as described in the Agreement. Because this Agreement is subject to federal nondiscrimination laws, the Consultant agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this reference, apply to this Agreement. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: David Evans and Associates, Inc. 14432 SE Eastgate Way, Suite 400 Bellevue, WA 98007 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS day of CITY OF EDMONDS Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2024. DAVID EVANS AND ASSOCIATES, INC. Rodney Langer, Senior Associate E24GA.DEA PSA Packet Pg. 358 8.8.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 2024, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: E24GA.DEA PSA 6 Packet Pg. 359 8.8.a APPENDIX 1 CONTRACT (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows: 1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 21), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant/Contractor shall not participate directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the Consultant's/Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant/Contractor shall provide all information and reports required by the Regulations and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the appropriate state or federal agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or the appropriate state or federal agency may determine to be appropriate, including, but not limited to: • Withholding of payments to the Consultant/Contractor under the Agreement until the Consultant/Contractor complies; and/or • Cancellation, termination, or suspension of the Agreement, in whole or in part. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above paragraphs one (1) through five (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the City or appropriate state or federal agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the City; or may request that the appropriate state agency enter into such litigation to protect the interests of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States. E24GA.DEA PSA 7 Packet Pg. 360 8.8.a APPENDIX 2 CONTRACT (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Person with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Packet Pg. 361 EXHIBIT A 8.8.a SCOPE OF WORK AND SCHEDULE Phase 12 and 13 Sewer Replacement and Rehabilitation — Assessment, Design, Bidding, and Construction Engineering Services City of Edmonds February 23, 2024 This scope of work is the first of three contracts anticipated for this project as described below: • Phase 12 and 13 Assessment and 30% Design (this scope) • Phase 12 Final Design, Bidding, and Construction Support • Phase 13 Final Design, Bidding, and Construction Support This first scope of work (Phase 12 and 13 Assessment and 30% Design) describes the assessment and 30% design engineering services to be provided in support of the proposed replacement and rehabilitation of select sewer segments throughout the City of Edmonds sewer collection system. The overall project will focus primarily on the trenchless rehabilitation of sewer mains with open cut replacement as necessary. The primary goal of this project is to address the identified structural and hydraulic capacity deficiencies that result in service and maintenance problems for the City. The anticipated work elements are approximately 38 sewer mains totaling approximately 924 feet of 6-inch, approximately 6,973 feet of 8-inch, approximately 622 feet of 10-inch, approximately 334 feet of 12-inch, and approximately 193 feet of 18-inch pipe as well as 36 individual side sewer tees/lateral sites. Almost all the select pipe segments are isolated (one segment per site) with the remainder having two segments per site, which results in a total of 71 sites for the proposed work. DEA understands that the City continuously evaluates its collection system and that the preliminary information used to prepare this estimate may be supplemented by new information for pipes with a higher priority for rehabilitation and repair via the use of the Management Reserve. DEA understands that although priorities may change, the goal is to design this work over two phases (12 and 13) in 2025 and 2026 on approximately the number of repairs identified, presuming similar site constraints and design considerations. The assessment and 30% design activities include site visits as well as the review of CCTV video inspection records and easement, as -built, and GIS information. The site visits and information review will be used to determine the type of repair(s) suitable to address the existing deficiencies at each of the different sites. DEA will also request from the respective purveyor maps showing the location of all franchise and City -owned utilities (water, sewer, storm, gas, power, communications, internet, fiber, TV, etc) and prepare preliminary base maps from that information. DEA will add repair recommendations and phasing to both the master information spreadsheet and the 30% design plans and send them to the City for review and approval. PAC\C0ED00001713\0100PM\Phase 12 & 13 (2025-26) Sanitary Sewer Replacement and Rehabilitation Projects\COEDOOOOXXXX-Ph 12 & 13 Sewer Replacement and Rehab -Scope of Work.docx 1 Packet Pg. 362 8.8.a Once the recommendations have been reviewed and approved by the City, a separate scope of work will be prepared for the final design, bidding, and construction support of Phase 12. SCOPE OF WORK The scope of engineering services is as follows: 1. Project Management 1.1. Planning, scoping, and coordination 1.2. Monitoring and control 1.2.1. Submit monthly invoices with status reports if requested. The status report shall summarize activities completed for each task during the billing period and anticipated deliverables for the next month. The Consultant shall also summarize problems encountered and actions taken for their resolution, potential future delays, and issues requiring City direction. Any element that may impact the schedule and design fee shall be included in the report. 1.3. Closeout 2. Assessment 2.1. Existing information 2.1.1. Review easements, as-builts, and GIS sewer data 2.1.2. Review CCTV video inspection logs and videos 2.2. Site visits 2.2.1. Review of site information and available City sewer easements, generally confirm space available for access and construction staging 2.3. Preliminary construction cost estimates 2.3.1. For each site and for Phase 12 and 13 2.4. Master information and recommendation spreadsheet 2.4.1. QAQC of the spreadsheet before delivery to City 3. 30% Design 3.1. Base maps (71 sheets estimated) 3.1.1. Using City GIS layers and aerials 3.1.2. QAQC of the base maps 3.2. Franchise utility map requests 3.2.1. Add water, sewer, storm, gas, power, communications, internet, fiber, TV, etc. to base maps 3.3. 30% design plans 3.3.1. Design and phasing recommendations added to each sheet 4. Management Reserve 4.1. Tasks not included in the scope may be authorized in writing by the City Project Manager on a time and expense basis P:\C\COED00001713\0100PM\Phase 12 & 13 (2025-26) Sanitary Sewer Replacement and Rehabilitation Projects\COEDOOOOXXXX-Ph 12 & 13 Sewer Replacement and Rehab -Scope of Work.docx 2 Packet Pg. 363 8.8.a The City shall complete the corresponding work for this project as follows: • Provide available record drawings and sewer easements • Provide GIS data • Provide access to videos SCHEDULE Presuming approval by the City in late March 2024, the following is the proposed schedule. Task 2024 April May June July Aug Sept Oct Assessment Pre -Design Summary Memo City review PAC\C0ED00001713\0100PM\Phase 12 & 13 (2025-26) Sanitary Sewer Replacement and Rehabilitation Projects\COEDOOOOXXXX-Ph 12 & 13 Sewer Replacement and Rehab -Scope of Work.docx 3 Packet Pg. 364 EXHIBIT B David Evans and Associates, Inc. Project Fee Estimate Phase 12 and 13 Sewer Replacement and Rehabilitation - Phase 12 and 13 Assessment and Pre -Design CITY OF EDMONDS Project Number Date Prepared By 8.8.a COEDOOOOXXXX 2/23/2024 CFCH Estimated DEA Labor - Civil Engineering Services Task/Subtask ��� Personnel Positions and Approximate Hourly Billing Rates DEA Labor Total - w/ Expenses and Subs. QA/OC Project Manager Project Engineer Designer CAD/GIS Technician Survey Manager 2 Person Survey Crew Administration Assistant Total Hours Total Estimated Fee $245.00 $220.00 $208.00 $145.00 $135.00 $225.00 $145.00 $115.00 1 Project Management 41 $8,125 $8,125 1.1 Planning, scoping, and coordination 2 7 9 $2,030 1.2 Monitoring and control 21 7 28 $5,425 1.3 Closeout 2 2 4 $670 2 Assessment 110 142 605 $116,733 $117,403 2.1 Existing information 40 292 $53,790 2.2 Site visits 71 71 142 $30,388 2.3 Preliminary construction cost estimate 40 71 111 $19,095 2.4 Master information and recommendation spreadsheet 20 20 20 60 $13,460 3 30% Design 558 $90,555 $90,555 3.1 Base maps (71 sheets) 20 71 71 284 446 $69,155 3.2 Franchise utility map requests 20 8 20 24 32 $5,240 3.3 30% design plans 20 20 80 $16,160 4 Management Reserve 0 $21,541 $21,541 Total 62 370 111 308 304 40 0 9 1204 i $236,954 i $237,624 Estimated Direct Expenses Mileage & Other Expenses $670 Subconsultants $0 Total Expenses $670 Notes and Assumptions: (1) See detailed Scope of Work dated 2/23/24. Project Fee Estimate Summary and Total Total Estimated Labor $236,954 Total Estimated Expenses $670 Total Fee Estimate $237,624 (2) All hours and expenses are estimated, and may be increased or decreased within the total budget limit by DEA's project manager as approved by the City. The DEA project manager may transfer budget fror estimated expenses to labor and vice versa, as the City deems appropriate. Work will be billed on a time and expense basis, subject to the limit of the not -to -exceed Total Fee Estimate value. c •L a� 3 a� C0 M N a� R a 0 m U a> U) c y m L 0 Q C0 a 0 R 0 a a Q c aD E d Q c a� E U ca r Q c aD E U �a Q (3) Client shall be responsible for direct payment of all permit, agency review, advertisement, service or other project expenses not expressly included in the Project Fee Estimate and/or Scope of Work. Packet Pg. 365 David Evans and Associates, Inc. 14432 SE Eastgate Way, Suite 400, Bellevue, WA 98007 425.519.6500 www.deainc.com U$ r Phase 12 & 13 (2025 & 2026) Sewer Replacement Project Sites Phase 12 & 13 Sewer (Cured in Place Pipe) ■ Phase 12 & 13 Sewer (Lateral Spot Repairs) ■ ■ 1 ■ Packet Pg. 366 8.9 City Council Agenda Item Meeting Date: 03/19/2024 Approval of 2024 Update of Development Related Fees Staff Lead: Jeanie McConnell Department: Engineering Preparer: Emiko Rodarte Background/History The City adopts development fees by Council Resolution. On February 14, 2023, the last overall Planning & Development Fee Update was approved on the consent agenda by City Council. On March 12, 2024, staff presented this item to the Parks and Public Works Committee and it was forwarded to the consent agenda. Staff Recommendation Approve resolution. Narrative Minor updates occur periodically, and typically more substantive reviews and updates occur every three years. Even though an overall development fee update was completed at the beginning of 2023, the Engineering Division specifically has recognized that certain project permit review fees do not cover the cost of staff time and additional adjustments should be made. Several factors were considered with the proposed fee update, including the increased complexity in projects as seen for instance on/near Highway 99 and development of more challenging sites with steep slopes, critical areas, utility conflicts, etc. In addition, with continued increases in the cost of living and adjustments to labor rates, hourly fees charged for plan reviews and inspections are also proposed to be adjusted. The current fee update is based off the Seattle -Tacoma -Bellevue June -to -June Consumer Price Index (CPI) of 4.6%, which is the CPI recommended by the Finance Department. After review of the current fee schedule, the following updates are recommended: a) Increase hourly review and inspection fees for all reviewing departments/divisions based on CPI. General review and inspections fees will increase from $126/hr to $132/hr. b) Increase flat fees for engineering permits and reviews based on CPI. c) Add Fill/Grade Permit type for large multi -family & commercial projects with hourly review fees. d) Add Meter Drop -In Only Fee e) Clarify applicability of Development Project Peer Review fees. f) Add an in-house arborist review fee. g) Update Subdivision review fees to include an hourly fee for technical staff review. Packet Pg. 367 8.9 Staff in Building, Planning, Engineering and Fire have worked collaboratively on the fee schedule update and recommend forwarding to the City Council for adoption with an effective date of April 1, 2024. Attachments: Attachment 1 - 2024 Planning and Development Fee Guide - Clean Version Attachment 2 - 2024 Planning and Development Fee Guide - redline strikethrough Attachment 3 - 2024 Development Fee Resolution Packet Pg. 368 I 8.9.a I 2024 FEES ASSOCIATED WITH DEVELOPMENT of E Building - Engineering - Planning Fire 121 51h Ave N, Edmonds WA 98020 425.771.0220 Approved fees effective —April 1, 2024 — Valuation table updated, effective January 1,2024 CL O > 0 0 M CL N O N 4- 0 CL 0. Packet Pg. 369 1 GENERAL PLANNING & DEVELOPMENT PERMIT FEES I 8.9.a I Building / Planning / Engineering / Fire City Technology Fee for each permit application.................................................................................. $45.00 Development Review Committee Meeting.................................................................................................. $0 Pre -Application Meeting................................................................................................................... $1,000.00 (50% applied toward future plan check fee for that specific project only) Recording Fee (For recording documents with Snohomish County) ........................ Recording Cost + $126.00 Violation Compliance Fee................................................................................ $250.00 or up to 5x Permit Fee Residential State Building Code Surcharge Fee..................................................................................... $6.50 .................................................................................................................. Each additional dwelling unit $2.00 Commercial State Building Code Surcharge Fee................................................................................... $25.00 .................................................................................................................. Each additional dwelling unit $2.00 (Not applicable to certain minor permits such as plumbing, mechanical, re -roof) PLAN REVIEW & INSPECTION FEES: General plan review fee per reviewing department/division............................................$132.00/hr (%2 hr min.) Plan review for re -submittals after the 3rd review.......................................................................... $132.00/hr Development Project Peer Review (Peer Review)............................$132.00/hr + cost of consultant* review fee charged for outside consultant peer review services when City staff lacks the expertise and/or capacity to review a specific project or aspect of a project. This fee is assessed in addition to other applicable project review fees. General Inspection Fee per department/division............................................................................$132.00/ea Re -Inspection Fee.............................................................................................................................$132.00/ea Engineering Inspection Fee**..........................................................................3.3% of Value of Improvements * Consultant refers to any professional services, including legal, environmental, engineering, etc. ** Applies to Civil Site Improvements, such as Subdivisions, Commercial & Multi -Family Permits In-house Technical Reviews: Stormwater Engineer Review Fee................................................................................................... $155.00/hr Transportation Engineer Review Fee.............................................................................................. $155.00/hr Utility Engineer Review Fee............................................................................................................ $155.00/hr ArboristReview Fee........................................................................................................................ $132.00/hr For Valuation based projects, plan review fees are calculated at 85% of the building permit fee and includes up to 3 reviews per division/ department (Building, Planning, Fire & General Engineering). REFUNDS: The City may authorize refunding of any permit fee paid which was erroneously paid or collected. The City may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with the applicable code(s). The City may also refund not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. Refunds shall not be granted of any fee on an expired permit. Any application for a refund must be made in writing and describe the circumstances to justify. Refunds for permit fees covered by 19.70.025 ECDC may be authorized by the Building Official. The Planning Manager may authorize refunds of Planning fees or service charges. The City Engineer may authorize refunds of Engineering fees or service charges. E Q. 0 as d 0 0 d w a D Iq N O N 0 M 0 L a 0_ P Packet Pg. 370 1 I 8.9.a I BUILDING PERMIT FEES: Accessory Dwelling Unit Compliance (ADU) Adult Family Home Compliance (AFH)........ Alternate Methods Review .......................... Appeal of Building Official Interpretation ... Change of Use .............................................. Certificate of Occupancy Re -Issuance......... Demolition (Residential Primary Structure) .......... Demolition (Commercial Primary Structure)......... Demolition (Secondary Structure or Interior Only) Dock/Marina/Floats............................................... Electric Vehicle Charging Stations (EV) ................. $1,005.00 Fence...................................................................................................................................................... $126.00 Fill/Grade Permit (assoc. w/large Multi -Family and Commercial Building Permits).............................................. .................................................................Hourly review fee per reviewing department/division + Inspection Fees Hot Tub/Spa (Single-Family)................................................................................................................... $228.00 Manufactured Coach Installation — (Commercial Federal HUD Label) .................................................. $572.00 Manufactured Home Installation (Federal HUD Label).......................................................................... $628.00 Parking Lot.............................................................................................................................$228.00+TABLE 1 Re -roof (Commercial)......................................................Valuation based on $2.30 per square foot +TABLE 1 Re -roof (Residential - includes sheathing).............................................................................................. $100.00 Retaining Wall (Commercial, per wall)........................................................................... $846.00 + Peer Review Retaining Wall (Residential, per wall)............................................................................. $756.00 + Peer Review Solar/Photovoltaic (Residential)............................................................................................................. $138.00 Solar/Photovoltaic (Commercial) - Valuation does not include cost of solar panels or inverters......... TABLE 1 Swimming Pool (Pre -manufactured, above ground).............................................................................. $138.00 Swimming Pool (In-Ground)................................................................................................................... TABLE 1 Temporary Certificate of Occupancy (Commercial Only — valid for 60 days) ........................................ $376.00 Temporary Structures and Attached Tents (180 days or less per calendar year) ................................. $627.00 Unit Lot Subdivision Conversion, (Per unit)......................................................................................................... Wireless Communication and Facilities on Private Property................................................................. TABLE 1 SIGNS: Sign (Per sign excluding specific sign categories listed below) Monument Sign (Per sign) ....................................................... Blade Sign (Includes all blade signs in proposal) ..................... Pedestrian Sign (Includes all pedestrian signs in proposal) .... PoleSign (Per sign).................................................................. Murals (Includes all murals in a proposal) .............................. *Planning ADB Design Review may apply ..................................................... $188.00 ..................................................... $188.00 .............................................................. $0 ....................................................... $92.00 ..................................................... $942.00 ..................................................... $188.00 c aD E CL O m d G 0 CD M a v N 0 N 4- 0 0 a a Z Packet Pg. 371 1 I 8.9.a I ESLHA DESIGNATED PROPERTIES: Additional fees associated with development in the North Edmonds Earth Subsidence Landslide Hazard Area (ESLHA) ESLHA Administrative Fee.................................................................................................................$2,724.00 ESLHA Consultant Review....................................................................Full cost of review is paid by applicant. Deposit at Application for Peer Completeness Review................................................................... $750.00 Depositat Full Application................................................................................................................. $3,500 Deposit at Re -submittal if additional Peer Review is needed........................................................... $2,000 ESLHA Minor Project Administrative Processing Fee........................................................................... $343.00 ESLHASubmittal Packet......................................................................................................................... $17.00 MECHANICAL PERMITS: BASE PERMIT FEE: .................................................................................................................................. $57.00 UNIT FEE SCHEDULE: For the installation or relocation of each FURNACE - Forced -air or gravity -type, including ducts and appliance vents ....................................... $34.00 AIR HANDLER - Including ducts (Diffusers, blowers, etc.) Up to and including 10,000 cfm (4719 L/s)..................................................................................... $34.00 Over 10,000 cfm (4719 L/s) including ducts.................................................................................... $46.00 GAS HEATER - Suspended, recessed wall or floor -mounted unit ......................................................... $34.00 GENERATOR.......................................................................................................................................... $114.00 HYDRONIC HEATING SYSTEM..............................................................................................................$171.00 APPLIANCE VENT - (Type B, BW, L gas vent, etc.).................................................................................. $17.00 INCINERATOR...................................................................................................................................... $57.00 VENTILATION AND EXHAUST Fan connected to single duct (Bath, laundry, kitchen exhaust etc.) .............................................. $17.00 Each system which is not a portion of any heating or air-conditioning system ............................. $17.00 HOOD — Commercial Type 1, Type 2, Fume Hood including ducts.....................................................$171.00 GAS PIPING: (New or relocated) Gas -Piping systems of 1 to 5 outlets..................................................................................................... $34.00 Each additional outlet over 5................................................................................................................... $6.00 BOILER OR COMPRESSOR Up to and including 50 HP (176 KW).....................................................................................................$57.00 Over 50 HP (176 kW)........................................................................................................................... $114.00 ABSORPTION SYSTEM, AIR CONDITIONING SYSTEM OR HEAT PUMP Up to and including 1,750,000 Btu/h (512.9 kW)................................................................................. $57.00 Over 1,750,000 Btu/h (512.9 kW).......................................................................................................$114.00 OTHER FEES: Commercial Plan review hourly fee................................................................................................$132.00/hr Each appliance or piece of equipment regulated by the IMC for which no other fee is listed (Fire dampers, ductless mini- split systems, etc.)........................................................... $34.00 NEW SINGLE FAMILY MECHANICAL SYSTEMS: (Includes all mechanical systems as part of initial build).................................................................... $340.00 c aD E CL O m d G 0 CD M a v N O N 4- 0 O L Q Q Z Packet Pg. 372 1 I 8.9.a I PLUMBING PERMITS: c aD E BASEPERMIT FEE: .................................................................................................................................... $57.00 CL C UNIT FEE SCHEDULE: > For the installation, alteration, repair, addition, or relocation of each: .................................................... $17.00 d G Plumbing fixture (on one trap or a set of fixtures on one trap) p Drain w/in footprint of building (rainwater systems, roof deck drains, etc.) Water Heater (includes expansion tank) Q. Re -pipe - Drain, vent or water piping (each fixture served) Water Service Line (replacement or repair) N 0 N For the installation, alteration, repair, addition, or relocation of each: c Water treating equipment (water softener).......................................................................................... $40.00 Backflow protective device - 2 and smaller......................................................................................... $40.00 0 Backflow protective device - Over 2" $51.00 a Graywater system or reclaimed water system (in addition to fixture fee) .......................................... $74 .00 Q Non -grease waste pre-treatment interceptor (oil/water, separator, etc.) .......................................... $126.00 T Medical gas piping system serving 1 to 5 inlet/outlet(s) for a specific gas ......................................... $126.00 c Each additional medical gas inlet/outlet............................................................................................$17.00 Grease Trap (HGI Inside Building)......................................................................................................... $251.00 Gravity Grease Interceptor (GGI))........................................................................................................ $879.00 OTHER FEES: Commercial plan review fee hourly fee......................................................................................... $132.00/hr NEW SINGLE FAMILY PLUMBING SYSTEMS: (Includes interior systems and water line as part of the initial build) ....................................................... $373.00 IMPACT FEES PARK IMPACT FEES: Single-Family........................................................................................................ $2,734.05 per Dwelling Unit Multi-Family......................................................................................................... $2,340.16 per Dwelling Unit Non -Residential Development.......................................................................................$1.34 per square foot Residential Administrative Fee................................................................................................................$63.00 Commercial Administrative Fee............................................................................................................$126.00 ParkImpact Fee Appeal.........................................................................................................................$228.00 TRANSPORTATION IMPACT FEES: Refer to City Code & Handouts to calculate impact fee. The following applies in addition to impact fee Residential Administrative Fee................................................................................................................$63.00 Commercial Administrative Fee............................................................................................................$126.00 Independent Fee Calculation —Transportation Engineer Review ...................................................... $310.00 plus peer review fee as applicable Transportation Impact Deferral Fee.................................................................................................... $264.00 plus City Attorney Fees Packet Pg. 373 1 I 8.9.a I GRADING PERMIT FEES PLAN REVIEW: CUBIC YARDS PLAN REVIEW FEE 50 cubic yards or less $63.00 (When located in a designated critical area) 51 to 100 cubic yards $126.00 101 to 1,000 cubic yards $251.00 1,001 to 10,000 cubic yards $502.00 10,001 to 100,000 cubic yards $502.00 for the first 10,000 cubic yards, plus $126.00 for each additional 10,000 yards or fraction thereof. 100,001 to 200,000 cubic yards $1,633.00 for the first 100,000 cubic yards, plus $126.00 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more $2,889.00 for the first 200,000 cubic yards, plus $126.00 for each additional 10,000 cubic yards or fraction thereof. PERMIT FEE: CUBIC YARDS PERMIT FEE Base Permit Fee $40.00 50 cubic yards or less $126.00 (When located in a designated critical area) 51 to 100 cubic yards $126.00 101 to 1,000 cubic yards $126.00 for the first 100 cubic yards, plus $29.00 for each additional 100 cubic yards, or fraction thereof. 1,001 to 10,000 cubic yards $383.00 for the first 1,000 cubic yards, plus $51.00 for each additional 1,000 cubic yards, or fraction thereof. 10,001 to 100,000 cubic yards $845.00 for the first 10,000 cubic yards, plus $74.00 for each additional 10,000 cubic yards or fraction thereof. $1,513.00 for the first 100,000 cubic yards, plus $114.00 for 100,001 cubic yards or more each additional 10,000 cubic yards or fraction thereof. Packet Pg. 374 1 8.9 a r FIRE PERMIT FEES E CL O m FIRE SPRINKLER PERMITS: o Residential IRC Structures O New Residential Fire Sprinkler Systems.............................................................................................. $342.00 a� Residential Fire Sprinkler System Alteration........................................................................................ $228.00 Q. Commercial & Multi -Family Fire Sprinkler Systems c Newsystems........................................................................................................................ $342.00 + TABLE 1 N 4- 0 Modifications: 1 to 5 sprinklers.................................................................................................................................... 6 or more............................................................................................................................. Additional inspections/plan review as required..............................................................................$132.00/hr $286.00 $342.00 + TABLE 1 cU 0 a Q Q ... r C O .4 FIRE ALARM PERMITS: New fire alarm system........................................................................................................ $342.00 +TABLE 1 0 Emergency Responders Radio System (DAS)..................................................................... $126.00 +TABLE 1 N L Modifications: c 1 to 5 initiating devices, Communicator (AES, Cellular)...................................................................... $286.00 Md 6 or more, including panel replacement.............................................................................$342.00+TABLE 1 U Additional inspections/plan review as required..............................................................................$132.00/hr TANK PERMITS: Residential fill, remove or install (per each)......................................................................................... $252.00 Commercial fill, remove or install (per each).......................................................................................$514.00 OTHER FIRE PERMITS: Fire Suppression Systems: Commercial Hood Suppression System (per system).................................................................... $372.00 Standpipe........................................................................................................................................ $514.00 FireConnection..................................................................................................................................... $570.00 Fire Operational (Food trucks, beverage dispenser systems, self -standing temporary tents, etc.)..... $126.00 Fire Smoke Control Systems..............................................................................................................$1,004.00 Fire fees include plan review and inspections. Packet Pg. 375 I 8.9.a I PLANNING AND LAND USE FEES Type I (Staff decisions, no notice)........................................................................................................... $314.00 Type 11 A (Staff decisions with notice)................................................................................................. $1,108.00 Type IIIA (ADB/Hearing Examiner)........................................................... Hearing Examiner Cost + $2,284.00 Type I I I B (Hearing Examiner)...................................................................... Hearing Examiner Cost + $2,284.00 Type IV (Rezone, Development Agreement).......................................................................................$7,994.00 Type V (Plan & Edmonds Community Development Code Amendments) .......................................... $7,994.00 LotLine Adjustment............................................................................................................................ $1,199.00 Short Subdivision Preliminary Approval............................................$3,683.00 + Hourly Technical Review Fee Short Subdivision Civil Plan Review...................................................$3,483.00 + Hourly Technical Review Fee Short Subdivision Final Approval......................................................................................................... $1,816.00 Subdivision Preliminary Approval.............Hearing Examiner Cost + $7,434.00 + Hourly Technical Review Fee Subdivision Civil Plan Review............................................................$5,333.00 + Hourly Technical Review Fee Subdivision Final Approval.................................................................................................................$1,816.00 ModificationRequest..........................................................................................................................$1,108.00 Minor Change to Approved Plat............................................................................................................. $314.00 Major Change to Approved Plat..................................................................... Same as Original Application Fee PRD Preliminary Approval...................................................................................................................$7,434.00 PRDFinal Approval..............................................................................................................................$1,816.00 ADB Design Review —Signs ................................................................................................................. $1,108.00 Staff Design Review if project exceeds SEPA threshold...................................................................... $1,108.00 Landscape Plan Inspection Fee...................................................................................................1% of Estimate Multifamily Tax Exemption Application.............................................................................................. $1,000.00 SEPAReview........................................................................................................................................... $845.00 SEPA Planned Action Compliance Review(Hwy99)..............................................................................$314.00 EISReview..................................................................................................................................................... Cost AmateurRadio........................................................................................................................................ $314.00 Critical Areas Checklist Application........................................................................................................ $126.00 Critical Areas Checklist Update................................................................................................................ $63.00 Critical Areas Variance / Reasonable Use Application ............................... Hearing Examiner Cost + $8,725.00 Critical Areas Study Admin.............................................................................................. $132.00/hr (min. 1 hr) Critical Areas Contingent Review (See ECDC 23.40.195 for more detail on fees) .............................. $1,108.00 Shoreline Contingent Review (See ECDC 24.80. 100) ..........................................................................$1,108.00 Planning Fee not categorized............................................................................................................ $132.00/hr Request for Reconsideration.................................................................................................................. $314.00 Note: When an application is heard by the Hearing Examiner (HE), the cost of the hearing is billed to the applicant. APPEALS: Appeal of Staff Decision (Type I, II or Hearing Examiner)...................................................................... $514.00 Appeal of Type IIIB Decision to City Council.......................................................................................... $628.00 Appeal of Notice of Civil Violation....................................................................................................... $1,108.00 ADB = Architectural Design Board HE = Hearing Examiner SEPA = State Environmental Policy Act EIS = Environmental Impact Statement PRD = Planned Residential Development E CL 0 m d G 0 a> M CL v N O N 4- 0 O CL 0. Z Packet Pg. 376 1 I 8.9.a I ENGINEERING FEES MISCELLANEOUS FEES: Backflow Prevention Compliance Fee .................................................. $197.00 Developers Agreements.............................................................................. $264.00 + $132.00/hr + City Attorney Fees Fire/Aid Sign Address Fabrication Fee (Per sign) .................................. $119.00 Street Sign Fabrication Fee (Per sign) .................................................... $238.00 Signal Maintenance (Per hour).............................................................. $132.00 Water and Sewer Availability Letters (Per letter).....................................$77.00 Latecomers Agreement................................................................................ $264.00 + $132.00/hr + City Attorney Fees LID Sewer Agreement.................................................................................. $264.00 + $132.00/hr + City Attorney Fees Utility Company Agreement........................................................................ $264.00 + $132.00/hr + City Attorney Fees Variance from Underground Wiring.......................................................... $396.00 + $132.00/hr + City Attorney Fees GENERAL FACILITY CHARGES — UPDATED PER ORD. 4323, EFFECTIVE 1/1/2024 GFC's shall be paid at the time of permit issuance based on the GFC in effect on the date of each specific application. GFC's are charged in addition to other applicable permit fees. The following does not represent the entire fee schedule or project applicability. Please refer to ECDC 7.30.035 and ECDC 7.50.070. • Water Svstem GFC's are based on meter size: Meter Size General Facility Charge %" $ 6,358.00 1" $15, 895.00 11/2 " $31,790.00 2" $50,864.00 For Single Family Residences Only: GFC is based on meter size required for domestic demand (typically W). GFC shall not be based on meter upsizing for fire sprinkler system when using combination fire/domestic line • Sewer Utility GFC........................................................................$6,598.00 per ERU o A single-family residential development = 1.0 ERU per dwelling unit o A multifamily residential development = 0.67 ERU per dwelling unit o Applicants for non-residential development shall pay a GFC based on the size of the water meter. Stormwater Management GFC.................................................$3,122.00 per ESU o A single-family residential development with up to 5,000 sf hard surface area = 1.0 ESU o All other construction calculated according to a ratio of 1.0 ESU per 3,000 sq ft of new, replaced, or new plus replaced impervious surface area. o For subdivisions, payment shall be required at the time of civil construction plan issuance. Packet Pg. 377 1 I 8.9.a I RIGHT-OF-WAY FEES: Right -of -Way Construction Permit........................................$396.00 + Inspection Fees Right -of -Way Construction Permit —Small Wireless .......... $396.00 + $132.00/hour for any portion of an hour after the first three hours of staff review time + City Attorney Fees for legal review (if necessary) + Inspection Fees Right -of -Way Minor Construction Permit ............................ $132.00+Inspection Fees Street Restoration for Water Meter Installation ..............$1,195.00 + Street Overlay Cut Penalty Fee if applicable Street Overlay Cut Penalty Fee..............................................$264.00 + ROW Permit Fees + Add'I per SQYD charge times overlay cut multiplier Encroachment Permit............................................................. $396.00 + Inspection Fees + Recording Fees Street Use Permit.................................................................... $132.00 + Sidewalk Dining Fees if applicable Sidewalk Dining Street Use Permit ....................................... $132.00 + Monthly ROW Use Fee Sidewalk Dining Annual Renewal Fee......................................$36.00 Annual Fee + Monthly ROW Use Fee @ $0.50/ SO. FT x 12.84% (leasehold tax) Right -of -Way Disruption Fee ................................................. $264.00 + ROW Permit + Monthly Closure Fees Closure fees charged for any activity that occupies or closes, sidewalks, parking spaces(s), parking lanes(s) or other paved area of a street/road for more than 72 hours. Monthly portion of Fee [$ per month] = 1% of assessed value per square foot of abutting property x right of way area [SF] disrupted/closed. If disruption/closure affects any portion of the area of a parking space, the area of disruption closure is calculated based upon the area of a full parking space. SEWER FEES: General New Commercial & Multi-Family....................................$264.00 + Inspection Fees Facility New Single Family..........................................................$132.00 + Inspection Fees Charges May Apply Repair - Full Line Replacement.......................................$132.00 + Inspection Fees Repair- Partial Line Replacement...................................$132.00 (Includes 1 inspection + Add'I Inspection Fees, if applicable) Special Conditions (Grinder Pumps, Ejectors) ................. $132.00 + Sewer Fees + Utility Engineer Review Drainage Permit (Pool, Hot Tub, Jacuzzi)..........................$66.00 Each Occurrence STORMWATER FEES: Stormwater Permit..........................................................$396.00 + Inspection Fees WATER METER FEES: Meter Size Meter Fee* Meter Drop -In Only Fee *Installation of New Service & Meter 3/4" $3,488.00 3/4" upsize to 1" - $300.00 1" $3,548.00 1%2" $7,430.00 2" $7,633.00 *General Facility Charges may apply GFC = General Facility Charge ESU = Equivalent Service Unit ROW = Right of Way ERU = Equivalent Residential Unit Packet Pg. 378 1 I 8.9.a I ICC VALUATION TABLE August 2023 Adopted by City of Edmonds effective Jan 1, 2024 Group (2021 International Building Code) IA IB IIA IIB IIIA 11113 IV VA VB A-1 Assembly, theaters, with stage 335.89 324.58 316.94 304.93 286.87 278.00 295.62 266.02 257.55 A-1 Assembly, theaters, without stage 307.39 296.08 288.44 276.42 258.37 249.50 267.12 237.51 229.05 A-2 Assembly, nightclubs 269.94 261.93 254.48 245.85 230.56 223.99 237.02 209.57 202.79 A-2 Assembly, restaurants, bars, banquet halls 268.94 260.93 252.48 244.85 228.56 222.99 236.02 207.57 201.79 A-3 Assembly, churches 311.88 300.57 292.93 280.91 263.30 254.43 271.60 242.45 233.98 A-3 Assembly, general, community halls, libraries, museums 266.07 254.76 246.12 235.10 216.33 208.46 225.80 195.47 188.01 A4 Assembly, arenas 306.39 295.08 286.44 275.42 256.37 248.50 266.12 235.51 228.05 B Business 260.69 251.13 241.86 231.65 210.99 202.73 222.56 186.21 177.81 E Educational 273.46 263.96 255.62 245.04 228.69 1 217.00 236.61 1 200.36 193.94 F-1 Factory and industrial, moderate hazard 160.20 152.78 143.34 138.64 123.55 117.41 132.48 102.44 95.93 F-2 Factory and industrial, low hazard 159.20 151.78 143.34 137.64 123.55 116.41 131.48 102.44 94.93 H-1 High Hazard, explosives 149.46 142.04 133.60 127.90 114.12 106.97 121.74 93.00 N.P. H234 High Hazard 149.46 142.04 133.60 127.90 114.12 106.97 121.74 93.00 85.50 H-5 HPM 260.69 251.13 241.86 231.65 210.99 202.73 222.56 186.21 177.81 1-1 Institutional, supervised environment 262.22 252.95 244.31 235.67 215.42 209.47 235.71 193.82 187.73 1-2 Institutional, hospitals 434.15 424.59 415.32 405.12 383.35 N.P. 396.02 358.57 N.P. 1-2 Institutional, nursing homes 302.01 292.45 283.18 272.97 253.83 N.P. 263.88 229.05 N.P. 1-3 Institutional, restrained 295.86 286.31 277.03 266.83 247.95 238.69 257.74 223.17 212.77 14 Institutional, day care facilities 262.22 252.95 244.31 235.67 215.42 209.47 235.71 193.82 187.73 M Mercantile 201.37 193.36 184.91 177.28 161.72 156.15 168.45 140.73 134.95 R-1 Residential, hotels 264.67 255.41 246.77 238.13 218.35 212.40 238.17 196.75 190.67 R-2 Residential, multiple family 221.32 212.06 203.42 194.78 175.96 170.01 194.82 154.36 148.28 R-3 Residential, one- and two-family ° 209.61 203.74 198.94 195.12 188.41 181.45 191.77 175.86 165.67 R4 Residential, care/assisted living facilities 262.22 252.95 244.31 235.67 215.42 209.47 235.71 193.82 187.73 S-1 Storage, moderate hazard 148.46 141.04 131.60 126.90 112.12 105.97 120.74 91.00 84.50 S-2 Storage, low hazard 147.46 140.04 131.60 125.90 112.12 104.97 119.74 91.00 83.50 U Utility, miscellaneous 114.09 107.37 99.89 95.60 85.13 79.54 90.99 67.39 64.19 Square Foot Construction Costs a, b, a. Private Garages use Utility, miscellaneous b. For shell only buildings deduct20 percent c. N.P. = not permitted d. Unfinished basements (Group R-3) = $31.50 persq. ft. e. Carport = $29.00 per sq. ft. f. Sunroom (unheated) = $32.00 per sq. ft. g. Deck, Ramp, Stairs, Trellis, Porch = $23.00 per sq. ft. h. Dock = $40.00 per sq. ft. i. Unheated Storage = $29.00 per sq. ft. Packet Pg. 379 1 I 8.9.a I VALUATION BASED BUILDING PERMIT FEES TABLE 1 Total Valuation** Residential Commercial $1 to $500 $100 Base fee + $30 $100 Base fee + $36 $100 Base fee + $30 for the first $500 + $3 for $100 Base fee + $36 for the first $500 + $3.60 for $501 to $2,000 each additional $100, or fraction thereof to and each additional $100, or fraction thereof to and including $2,000 including $2,000 $100 Base fee + $75 for the first $2,001 + $14 for $100 Base fee + $90 for the first $2,001 + $16.80 $2,001 to $25,000 each additional $1,000, or fraction thereof to and for each additional $1,000, or fraction thereof to including $25,000 and including $25,000 $25,001 to $100 Base fee + $400 for the first $25,001 + $10 $100 Base fee + $480 for the first $25,001 + $12 $50,000 for each additional $1,000, or fraction thereof to for each additional $1,000, or fraction thereof to and including $50,000 and including $50,000 $50,001 to $100 Base fee + $650 for the first $50,001 + $7 $100 Base fee + $780 for the first $50,001 + $8.40 $100,000 for each additional $1,000, or fraction thereof to for each additional $1,000, or fraction thereof to and including $100,000 and including $100,000 $100,001 to $100 Base fee + $1,000 for the first $100,001 + $100 Base fee + $1,200 for the first $100,001 + $500,000 $6 for each additional $1,000, or fraction thereof $7.20 for each additional $1,000, or fraction to and including $500,000 thereof to and including $500,000 $500,001 to $100 Base fee + $3,400 for the first $500,001 + $100 Base fee + $4,080 for the first $500,001 + $6 $1,000,000 $5 for each additional $1,000, or fraction thereof for each additional $1,000, or fraction thereof to to and including $1,000,000 and including $1,000,000 $1,000,001 and $100 Base fee + $5,900 for the first $1,000,000 + $100 Base fee + $7,080 for the first $1,000,000 + up $4 for each additional $1,000, or fraction thereof $4.80 for each additional $1,000, or fraction thereof The Building Valuation Data table shall be updated on January 1st of each year to the latest version as published by ICC. **See Valuation Table located on previous page. TABLE 1 -VALUATION BASED APPLICABLE PERMITS: Commercial Structures: New, Additions & Remodels Garages & Carports Residential Structures: New, Additions & Remodels Swimming Pools (In -Ground) Accessory Structures (Greenhouse/Shed) Cell Communications/ Wireless Facilities Deck, Stairs, Ramps Other permit types as determined Commercial: Hot/Tub and Spas, Solar/ Photovoltaic Systems, Re -roofs & Tenant Improvements Plus: $6.50 Residential State Surcharge Fee per permit and $2 per each dwelling unit $25.00 Commercial State Surcharge Fee per permit and $2 per each dwelling unit Packet Pg. 380 1 I 8.9.a I Non -Development Services Fees SPECIAL EVENT PERMITS: (Direct any inquires to the City Clerk's office) Small event / less than 100 people.............................................................................$50.00 Small event — Edmonds -based NP entity.....................................................................$25.00 Major event / more than 100 people........................................................................$125.00 Major event — Edmonds -based NP entity...................................................................$62.50 Packet Pg. 381 1 I 8.9.b I 2024 FEES ASSOCIATED WITH DEVELOPMENT of E Building - Engineering - Planning Fire 121 51h Ave N, Edmonds WA 98020 425.771.0220 Approved fees effective April 1, 20234 — Valuation table updated, effective January 1,2024 0 CL N O N 4- 0 CL 0. a Packet Pg. 382 1 GENERAL PLANNING & DEVELOPMENT PERMIT FEES I 8.9.b I Building / Planning / Engineering / Fire City Technology Fee for each permit application.................................................................................. $45.00 Development Review Committee Meeting.................................................................................................. $0 Pre -Application Meeting................................................................................................................... $1,000.00 (50% applied toward future plan check fee for that specific project only) Recording Fee (For recording documents with Snohomish County) ........................ Recording Cost + $126.00 Violation Compliance Fee................................................................................ $250.00 or up to 5x Permit Fee Residential State Building Code Surcharge Fee..................................................................................... $6.50 .................................................................................................................. Each additional dwelling unit $2.00 Commercial State Building Code Surcharge Fee................................................................................... $25.00 .................................................................................................................. Each additional dwelling unit $2.00 (Not applicable to certain minor permits such as plumbing, mechanical, re -roof) PLAN REVIEW & INSPECTION FEES: General plan review fee per reviewing department/division....................... $32f6-99132.00 hr (1% hr min.) ply peeF Feview fee if plieable Plan review for re -submittals after the 3rd review............................................................... $446-99132.00 hr Development Project Peer Review (Peer Review) .................. $42-9A132.00 hr + cost of consultant* review fee charged for outside consultant peer review services when City staff lacks the expertise and/or capacity to review a specific project or aspect of a project. This fee is assessed in addition to other applicable project review fees. General Inspection Fee per department/division................................................................ $1 99132.00 ea Re -Inspection Fee................................................................................................................. $1V&.99132.00 ea Engineering Inspection Fee**..........................................................................3.3% of Value of Improvements * Consultant refers to any professional services, including legal, environmental, engineering, etc. **Applies to Civil Site Improvements, such as Subdivisions, Commercial & Multi -Family Permits In-house Technical Reviews: Stormwater Engineer Review Fee........................................................................................ $44 ,W155.00 hr Transportation Engineer Review Fee...................................................................................$448-.GG155.00 hr Utility Engineer Review Fee................................................................................................. $448-.GG155.00 hr ArboristReview Fee........................................................................................................................ 5132.00/hr For Valuation based projects,44e plan review fees areas calculated at 85% of the building permit fee and includes up to 3 reviews per division/ department (Building, Planning, Fire & General Engineering). REFUNDS: The City may authorize refunding of any permit fee paid which was erroneously paid or collected. The City may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with the applicable code(s). The City may also refund not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. Refunds shall not be granted of any fee on an expired permit. Any application for a refund must be made in writing and describe the circumstances to justify. Refunds for permit fees covered by 19.70.025 ECDC may be authorized by the Building Official. The Planning Manager may authorize refunds of Planning fees or service charges. The City Engineer may authorize refunds of Engineering fees or service charges. 4- 0 r ea Q. M 14 N O N 0 �a 0 L Q Q a Packet Pg. 383 1 I 8.9.b I BUILDING PERMIT FEES: Accessory Dwelling Unit Compliance (ADU) ......... Adult Family Home Compliance (AFH).................. Alternate Methods Review .................................... Appeal of Building Official Interpretation ............. Changeof Use ........................................................ Certificate of Occupancy Re -Issuance ................... Demolition (Residential Primary Structure) .......... Demolition (Commercial Primary Structure)......... Demolition (Secondary Structure or Interior Only) Dock/Marina/Floats............................................... Electric Vehicle Charging Stations (EV) ....................................... $462.00 ....................................... $628.00 $42-&99132.00 hr + Peer Review .................................... $1,108.00 ....................................... $582.00 ....................... $-�132.00 hr ....................................... $342.00 ....................................... $570.00 ....................................... $172.00 ...................... $228.00 + TABLE 1 Fence...................................................................................................................................................... $126.00 Fill/Grade Permit (assoc. w/large Multi -Family and Commercial Building Permits).............................................. .................................................................Hourly review fee per reviewing department/division + Inspection Fees Hot Tub/Spa (Single-Family)................................................................................................................... $228.00 Manufactured Coach Installation — (Commercial Federal HUD Label) .................................................. $572.00 Manufactured Home Installation (Federal HUD Label).......................................................................... $628.00 ParkingLot.............................................................................................................................$228.00+TABLE 1 Re -roof (Commercial)......................................................Valuation based on $2.30 per square foot +TABLE 1 Re -roof (Residential - includes sheathing).............................................................................................. $100.00 Retaining Wall (Commercial, per wall)........................................................................... $846.00 + Peer Review Retaining Wall (Residential, per wall)............................................................................. $756.00 + Peer Review Solar/Photovoltaic (Residential)............................................................................................................. $138.00 Solar/Photovoltaic (Commercial) - Valuation does not include cost of solar panels or inverters......... TABLE 1 Swimming Pool (Pre -manufactured, above ground).............................................................................. $138.00 Swimming Pool (In-Ground)................................................................................................................... TABLE 1 Temporary Certificate of Occupancy (Commercial Only — valid for 60 days) ........................................ $376.00 Temporary Structures and Attached Tents (180 days or less per calendar year) ................................. $627.00 Unit Lot Subdivision Conversion, (Per unit)......................................................................................................... Wireless Communication and Facilities on Private Property................................................................. TABLE 1 SIGNS: Sign (Per sign excluding specific sign categories listed below) Monument Sign (Per sign) ....................................................... Blade Sign (Includes all blade signs in proposal) ..................... Pedestrian Sign (Includes all pedestrian signs in proposal) .... PoleSign (Per sign).................................................................. Murals (Includes all murals in a proposal) .............................. *Planning ADB Design Review may apply ..................................................... $188.00 ..................................................... $188.00 .............................................................. $0 ....................................................... $92.00 ..................................................... $942.00 ..................................................... $188.00 4- 0 Q ca a v N 0 N 0 0 CL a Q Packet Pg. 384 1 I 8.9.b I ESLHA DESIGNATED PROPERTIES: Additional fees associated with development in the North Edmonds Earth Subsidence Landslide Hazard Area (ESLHA) ESLHA Administrative Fee.................................................................................................................$2,724.00 ESLHA Consultant Review....................................................................Full cost of review is paid by applicant. Deposit at Application for Peer Completeness Review................................................................... $750.00 Depositat Full Application................................................................................................................. $3,500 Deposit at Re -submittal if additional Peer Review is needed........................................................... $2,000 ESLHA Minor Project Administrative Processing Fee........................................................................... $343.00 ESLHASubmittal Packet......................................................................................................................... $17.00 MECHANICAL PERMITS: BASE PERMIT FEE: .................................................................................................................................. $57.00 UNIT FEE SCHEDULE: For the installation or relocation of each FURNACE - Forced -air or gravity -type, including ducts and appliance vents ....................................... $34.00 AIR HANDLER - Including ducts (Diffusers, blowers, etc.) Up to and including 10,000 cfm (4719 L/s)..................................................................................... $34.00 Over 10,000 cfm (4719 L/s) including ducts.................................................................................... $46.00 GAS HEATER - Suspended, recessed wall or floor -mounted unit ......................................................... $34.00 GENERATOR.......................................................................................................................................... $114.00 HYDRONIC HEATING SYSTEM..............................................................................................................$171.00 APPLIANCE VENT - (Type B, BW, L gas vent, etc.).................................................................................. $17.00 INCINERATOR...................................................................................................................................... $57.00 VENTILATION AND EXHAUST Fan connected to single duct (Bath, laundry, kitchen exhaust etc.) .............................................. $17.00 Each system which is not a portion of any heating or air-conditioning system ............................. $17.00 HOOD — Commercial Type 1, Type 2, Fume Hood including ducts.....................................................$171.00 GAS PIPING: (New or relocated) Gas -Piping systems of 1 to 5 outlets..................................................................................................... $34.00 Each additional outlet over 5................................................................................................................... $6.00 BOILER OR COMPRESSOR Up to and including 50 HP (176 KW).....................................................................................................$57.00 Over 50 HP (176 kW)........................................................................................................................... $114.00 ABSORPTION SYSTEM, AIR CONDITIONING SYSTEM OR HEAT PUMP Up to and including 1,750,000 Btu/h (512.9 kW)................................................................................. $57.00 Over 1,750,000 Btu/h (512.9 kW).......................................................................................................$114.00 OTHER FEES: Commercial Plan review hourly fee.....................................................................................$3_1&.-89132.00 hr Each appliance or piece of equipment regulated by the IMC for which no other fee is listed (Fire dampers, ductless mini- split systems, etc.)........................................................... $34.00 NEW SINGLE FAMILY MECHANICAL SYSTEMS: (Includes all mechanical systems as part of initial build).................................................................... $340.00 4- 0 a� ca a v N 0 N 0 0 L Q Q Q Packet Pg. 385 1 I 8.9.b I PLUMBING PERMITS: 0 BASEPERMIT FEE: .................................................................................................................................... $57.00 a� UNIT FEE SCHEDULE: Q- For the installation, alteration, repair, addition, or relocation of each: .................................................... $17.00 M v Plumbing fixture (on one trap or a set of fixtures on one trap) c Drain w/in footprint of building (rainwater systems, roof deck drains, etc.) 4- Water Heater (includes expansion tank) 0 Re -pipe - Drain, vent or water piping (each fixture served) C Water Service Line (replacement or repair) a Q For the installation, alteration, repair, addition, or relocation of each: Water treating equipment (water softener).......................................................................................... $40.00 r Backflow protective device - 2" and smaller......................................................................................... $40.00 0 Backflow protective device - Over 2".................................................................................................... $51.00 Mn Gra waters stem or reclaimed waters stem in addition to fixture ee 74 .00 Non -grease waste pre-treatment interceptor (oil/water, separator, etc.) .......................................... $126.00 Medical gas piping system serving 1 to 5 inlet/outlet(s) for a specific gas ......................................... $126.00 s Each additional medical gas inlet/outlet............................................................................................$17.00 0 Grease Trap (HGI Inside Building)......................................................................................................... $251.00 r Gravity Grease Interceptor (GGI))........................................................................................................ $879.00 OTHER FEES: Commercial plan review fee hourly fee..............................................................................$42499132.00 hr NEW SINGLE FAMILY PLUMBING SYSTEMS: (Includes interior systems and water line as part of the initial build) ....................................................... $373.00 IMPACT FEES PARK IMPACT FEES: Single-Family........................................................................................................ $2,734.05 per Dwelling Unit Multi-Family......................................................................................................... $2,340.16 per Dwelling Unit Non -Residential Development.......................................................................................$1.34 per square foot Residential Administrative Fee...................................................................................................... $69.9963.00 Commercial Administrative Fee................................................................................................ $129-99126.00 ParkImpact Fee Appeal.........................................................................................................................$228.00 TRANSPORTATION IMPACT FEES: Refer to City Code & Handouts to calculate impact fee. The following applies in addition to impact fee: Residential Administrative Fee...................................................................................................... $60.8963.00 Commercial Administrative Fee................................................................................................ $120.00126.00 Independent Fee Calculation —Transportation Engineer Review...........................................$296..99310.00 plus peer review fee as applicable Transportation Impact Deferral Fee.........................................................................................$292-99264.00 plus City Attorney Fees Packet Pg. 386 1 GRADING PERMIT FEES I 8.9.b I PLAN REVIEW: CUBIC YARDS PLAN REVIEW FEE 50 cubic yards or less $63.00 (When located in a designated critical area) 51 to 100 cubic yards $126.00 101 to 1,000 cubic yards $251.00 1,001 to 10,000 cubic yards $502.00 $502.00 for the first 10,000 cubic yards, plus $126.00 for 10,001 to 100,000 cubic yards each additional 10,000 yards or fraction thereof. $1,633.00 for the first 100,000 cubic yards, plus $126.00 100,001 to 200,000 cubic yards for each additional 10,000 cubic yards or fraction thereof. $2,889.00 for the first 200,000 cubic yards, plus $126.00 200,001 cubic yards or more for each additional 10,000 cubic yards or fraction thereof. PERMIT FEE: CUBIC YARDS PERMIT FEE Base Permit Fee $40.00 50 cubic yards or less $126.00 (When located in a designated critical area) 51 to 100 cubic yards $126.00 $126.00 for the first 100 cubic yards, plus $29.00 for each 101 to 1,000 cubic yards additional 100 cubic yards, or fraction thereof. $383.00 for the first 1,000 cubic yards, plus $51.00 for each 1,001 to 10,000 cubic yards additional 1,000 cubic yards, or fraction thereof. 10,001 to 100,000 cubic yards $845.00 for the first 10,000 cubic yards, plus $74.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more $1,513.00 for the first 100,000 cubic yards, plus $114.00 for each additional 10,000 cubic yards or fraction thereof. Packet Pg. 387 1 FIRE PERMIT FEES 8.9b FIRE SPRINKLER PERMITS: Residential IRC Structures New Residential Fire Sprinkler Systems .................. Residential Fire Sprinkler System Alteration ........... Commercial & Multi -Family Fire Sprinkler Systems New systems............................................................ Modifications: 1 to 5 sprinklers....................................................... 6 or more................................................................. Additional inspections/plan review as required...... FIRE ALARM PERMITS: ............... $342.00 ................ $228.00 $342.00 + TABLE 1 .................... $286.00 ... $342.00 + TABLE 1 $3r2LG-99132.00 hr New fire alarm system........................................................................................................ $342.00 +TABLE 1 Emergency Responders Radio System (DAS)..................................................................... $126.00 +TABLE 1 Modifications: 1 to 5 initiating devices, Communicator (AES, Cellular)...................................................................... $286.00 6 or more, including panel replacement.............................................................................$342.00+TABLE 1 Additional inspections/plan review as required...................................................................$4- 9132.00 hr TANK PERMITS: Residential fill, remove or install (per each)......................................................................................... $252.00 Commercial fill, remove or install (per each).......................................................................................$514.00 OTHER FIRE PERMITS: Fire Suppression Systems: Commercial Hood Suppression System (per system).................................................................... $372.00 Standpipe........................................................................................................................................ $514.00 FireConnection..................................................................................................................................... $570.00 Fire Operational (Food trucks, beverage dispenser systems, self -standing temporary tents, etc.)..... $126.00 Fire Smoke Control Systems..............................................................................................................$1,004.00 Fire fees include plan review and inspections. 4- 0 a� �a V a v N 0 N 4- 0 O L Q Q Q Packet Pg. 388 I 8.9.b I PLANNING AND LAND USE FEES GENERAL: Type I (Staff decisions, no notice)........................................................................................................... $314.00 Type 11 A (Staff decisions with notice)................................................................................................. $1,108.00 Type IIIA (ADB/Hearing Examiner)........................................................... Hearing Examiner Cost + $2,284.00 Type 1116 (Hearing Examiner)...................................................................... Hearing Examiner Cost + $2,284.00 Type IV (Rezone, Development Agreement)....................................................................................... $7,994.00 Type V (Plan & Edmonds Community Development Code Amendments) .......................................... $7,994.00 LotLine Adjustment............................................................................................................................ $1,199.00 Short Subdivision Preliminary Approval............................................$3,683.00 + Hourly Technical Review Fee Short Subdivision Civil Plan Review...................................................$3,483.00 + Hourly Technical Review Fee Short Subdivision Final Approval......................................................................................................... $1,816.00 Subdivision Preliminary Approval.............Hearing Examiner Cost + $7,434.00 + Hourly Technical Review Fee Subdivision Civil Plan Review............................................................$5,333.00 + Hourly Technical Review Fee Subdivision Final Approval................................................................................................................. $1,816.00 ModificationRequest..........................................................................................................................$1,108.00 Minor Change to Approved Plat............................................................................................................. $314.00 Major Change to Approved Plat..................................................................... Same as Original Application Fee PRD Preliminary Approval...................................................................................................................$7,434.00 PRDFinal Approval.............................................................................................................................. $1,816.00 ADB Design Review —Signs ................................................................................................................. $1,108.00 Staff Design Review if project exceeds SEPA threshold...................................................................... $1,108.00 Landscape Plan Inspection Fee...................................................................................................1% of Estimate Multifamily Tax Exemption Application.............................................................................................. $1,000.00 SEPAReview........................................................................................................................................... $845.00 SEPA Planned Action Compliance Review (Hwy 99).............................................................................. $314.00 EISReview..................................................................................................................................................... Cost AmateurRadio........................................................................................................................................ $314.00 Critical Areas Checklist Application........................................................................................................ $126.00 Critical Areas Checklist Update................................................................................................................ $63.00 Critical Areas Variance / Reasonable Use Application ............................... Hearing Examiner Cost + $8,725.00 Critical Areas Study Admin ...................................................................................$42 99132.00 hr (min. 1 hr) Critical Areas Contingent Review (See ECDC 23.40.195 for more detail on fees) .............................. $1,108.00 Shoreline Contingent Review (See ECDC24.80.100).......................................................................... $1,108.00 Planning Fee not categorized.................................................................................................$426-99132.00 hr Request for Reconsideration.................................................................................................................. $314.00 Note: When an application is heard by the Hearing Examiner (HE), the cost of the hearing is billed to the applicant. APPEALS: Appeal of Staff Decision (Type 1, 11 or Hearing Examiner)...................................................................... $514.00 Appeal of Type II IB Decision to City Council.......................................................................................... $628.00 Appeal of Notice of Civil Violation....................................................................................................... $1,108.00 ADB = Architectural Design Board HE = Hearing Examiner SEPA = State Environmental Policy Act EIS = Environmental Impact Statement PRD = Planned Residential Development 4- 0 �a Q. M 14 N O N 4- 0 R 0 L Q M a Packet Pg. 389 1 I 8.9.b I ENGINEERING FEES MISCELLANEOUS FEES: Backflow Prevention Compliance Fee ....................................... $38 00197.00 Developers Agreements............................................................ $25� 00264.00 + $32600132.00/hr + City Attorney Fees Fire/ Aid Sign Address Fabrication Fee (Per sign) ....................... $114 00119.00 Street Sign Fabrication Fee (Per sign) ......................................... $228.00238.00 Signal Maintenance (Per hour) ................................................... $12699132.00 Water and Sewer Availability Letters (Per letter) ........................... $;4:9977.00 Latecomers Agreement...............................................................$252.09264.00+ $12&99132.00 hr +City Attorney Fees LID Sewer Agreement................................................................ $252 00264.00 + $42-&.99132.00 hr +City Attorney Fees Utility Company Agreement....................................................... $25� 90264.00 + $44 90132.00 hr + City Attorney Fees Variance from Underground Wiring........................................$378-00396.00 + $42-6-.09132.00 hr + City Attorney Fees GENERAL FACILITY CHARGES — UPDATED PER ORD. 4323, EFFECTIVE 1/1/2024 GFC's shall be paid at the time of permit issuance based on the GFC in effect on the date of each specific application. GFC's are charged in addition to other applicable permit fees. The following does not represent the entire fee schedule or project applicability. Please refer to ECDC 7.30.035 and ECDC 7.50.070. • Water Svstem GFC's are based on meter size: Meter Size General Facility Charge %" $5,050.00 6,358.00 1" $12� 624.0915, 995.00 11/2" $2� 9931, 990.00 2" $49,397.9950, 864.00 For Single Family Residences Only: GFC is based on meter size required for domestic demand (typically W). GFC shall not be based on meter upsizing for fire sprinkler system when using combination fire/domestic line Sewer Utility GFC............................................. $4 n; .096,5 88.00 per ERU o A single-family residential development = 1.0 ERU per dwelling unit o A multifamily residential development = 0.67 ERU per dwelling unit o Applicants for non-residential development shall pay a GFC equal t the Eon 1 that iS made by the Publi . �Alerks Direete.- based on the size of the water meter. Stormwater Management GFC .......................... $799.093,122.00 per ESU o A single-family residential development with up to 5,000 sf hard surface area = 1.0 ESU o All other construction calculated according to a ratio of 1.0 ESU per 3,000 sq ft of new, replaced, or new plus replaced impervious surface area. o For subdivisions, payment shall be required at the time of civil construction plan issuance. Packet Pg. 390 1 1 8.9.b I RIGHT-OF-WAY FEES: Right-of-Way Construction Permit.....................................$378.99396.00 + Inspection Fees 4- 0 Right -of -Way Construction Permit —Small Wireless ..—.$378.99396.00 +-$42&99132.00 hour for any portion of r � an hour after the first three hours of staff Q. review time + City Attorney Fees for legal M review (if necessary) + Inspection Fees c Right -of -Way Minor Construction Permit ........... $3�6 99132.00 + Inspection Fees N 4- 0 Street Restoration for Water Meter Installation$',�81,195.00 + Street Overlay Cut Penalty Fee if applicable > Street Overlay Cut Penalty Fee ............................ $252.90264.00 + ROW Permit Fees o + Add'I per SQYD charge times overlay cut multiplier CL Q Encroachment Permit .......................................... $37899396.00 + Inspection Fees + Recording Fees Q Street Use Permit ................................................. $32699132.00 + Sidewalk Dining Fees if applicable r Sidewalk Dining Street Use Permit ....................... $4 )6 99132.00 + Monthly ROW Use Fee 0 Sidewalk Dining Annual Renewal Fee........................$24-9836.00 Annual Fee + Monthly ROW Use Fee a @ $0.50/ SO. FT x 12.84% (leasehold tax) y Right -of -Way Disruption Fee ................................ $252.90264.00 + ROW Permit + Monthly Closure Fees Closure fees charged for any activity that occupies or closes, sidewalks, parking spaces(s), parking lanes(s) or Im other paved area of a street/road for more than 72 hours. Monthly portion of Fee [$ per month] = 1% of c assessed value per square foot of abutting property x right of way area [SF] disrupted/closed. If t disruption/closure affects any portion of the area of a parking space, the area of disruption closure is calculated w 4) based upon the area of a full parking space. SEWER FEES: General New Commercial & Multi -Family ........................ $�SP 99264.00 + Inspection Fees Facility New Single Family ............................................... $3�9A132.00 + Inspection Fees Charges May Apply Repair - Full Line Replacement ........................... $32699132.00 + Inspection Fees Repair - Partial Line Replacement ....................... $12 99132.00 (Includes 1 inspection + Add'I Inspection Fees, if applicable) Special Conditions (Grinder Pumps, Ejectors)..... $4 �6 99132.00 + Sewer Fees + Utility Engineer Review Drainage Permit (Pool, Hot Tub, Jacuzzi).................$63 0066.00 Each Occurrence STORMWATER FEES: Stormwater Permit .............................................. $37800396.00 + Inspection Fees WATER METER FEES: Meter Size Meter Fee* Meter Drop -In Only Fee *Installation of New Service & Meter 3/4" $9,'�93,488.00 3/4" upsize to 1" - $300.00 1" $9,'�93,548.00 1%2" $'�3.097,430.00 2" $','�97,633.00 *General Facility Charges may apply GFC = General Facility Charge ESU = Equivalent Service Unit ROW = Right of Way ERU = Equivalent Residential Unit Packet Pg. 391 1 I 8.9.b I ICC VALUATION TABLE August 2023 Adopted by City of Edmonds effective Jan 1, 2024 Group (2021 International Building Code) IA IB IIA IS IIIA 11113 IV VA VB A-1 Assembly, theaters, with stage 335.89 324.58 316.94 304.93 286.87 278.00 295.62 266.02 257.55 A-1 Assembly, theaters, without stage 307.39 296.08 288.44 276.42 258.37 249.50 267.12 237.51 229.05 A-2 Assembly, nightclubs 269.94 261.93 254.48 245.85 230.56 223.99 237.02 209.57 202.79 A-2 Assembly, restaurants, bars, banquet halls 268.94 260.93 252.48 244.85 228.56 222.99 236.02 207.57 201.79 A-3 Assembly, churches 311.88 300.57 292.93 280.91 263.30 254.43 271.60 242.45 233.98 A-3 Assembly, general, community halls, libraries, museums 266.07 254.76 246.12 235.10 216.33 208.46 225.80 195.47 188.01 A4 Assembly, arenas 306.39 295.08 286.44 275.42 256.37 248.50 266.12 235.51 228.05 B Business 260.69 251.13 241.86 231.65 210.99 202.73 222.56 186.21 177.81 E Educational 273.46 263.96 255.62 245.04 228.69 217.00 236.61 1 200.36 193.94 F-1 Factory and industrial, moderate hazard 160.20 152.78 143.34 138.64 123.55 117.41 132.48 102.44 95.93 F-2 Factory and industrial, low hazard 159.20 151.78 143.34 137.64 123.55 116.41 131.48 102.44 94.93 H-1 High Hazard, explosives 149.46 142.04 133.60 127.90 114.12 106.97 121.74 93.00 N.P. H234 High Hazard 149.46 142.04 133.60 127.90 114.12 106.97 121.74 93.00 85.50 H-5 HPM 260.69 251.13 241.86 231.65 210.99 202.73 222.56 186.21 177.81 1-1 Institutional, supervised environment 262.22 252.95 244.31 235.67 215.42 209.47 235.71 193.82 187.73 1-2 Institutional, hospitals 434.15 424.59 415.32 405.12 383.35 N.P. 396.02 358.57 N.P. 1-2 Institutional, nursing homes 302.01 292.45 283.18 272.97 253.83 N.P. 263.88 229.05 N.P. 1-3 Institutional, restrained 295.86 286.31 277.03 266.83 247.95 238.69 257.74 223.17 212.77 14 Institutional, day care facilities 262.22 252.95 244.31 235.67 215.42 209.47 235.71 193.82 187.73 M Mercantile 201.37 193.36 184.91 177.28 161.72 156.15 168.45 140.73 134.95 R-1 Residential, hotels 264.67 255.41 246.77 238.13 218.35 212.40 238.17 196.75 190.67 R-2 Residential, multiple family 221.32 212.06 203.42 194.78 175.96 170.01 194.82 154.36 148.28 R-3 Residential, one- and two-family ° 209.61 203.74 198.94 195.12 188.41 181.45 191.77 175.86 165.67 R4 Residential, care/assisted living facilities 262.22 252.95 244.31 235.67 215.42 209.47 235.71 193.82 187.73 S-1 Storage, moderate hazard 148.46 141.04 131.60 126.90 112.12 105.97 120.74 91.00 84.50 S-2 Storage, low hazard 147.46 140.04 131.60 125.90 112.12 104.97 119.74 91.00 83.50 U Utility, miscellaneous 114.09 107.37 99.89 95.60 85.13 79.54 90.99 67.39 64.19 Square Foot Construction Costs a, b, ` a. Private Garages use Utility, miscellaneous b. For shell only buildings deduct20 percent c. N.P. = not permitted d. Unfinished basements (Group R-3) = $31.50 persq. ft. e. Carport = $29.00 per sq. ft. f. Sunroom (unheated) = $32.00 per sq. ft. g. Deck, Ramp, Stairs, Trellis, Porch = $23.00 per sq. ft. h. Dock = $40.00 per sq. ft. i. Unheated Storage = $29.00 per sq. ft. Packet Pg. 392 1 I 8.9.b I VALUATION BASED BUILDING PERMIT FEES TABLE 1 Total Valuation** Residential Commercial $1 to $500 $100 Base fee + $30 $100 Base fee + $36 $100 Base fee + $30 for the first $500 + $3 for $100 Base fee + $36 for the first $500 + $3.60 for $501 to $2,000 each additional $100, or fraction thereof to and each additional $100, or fraction thereof to and including $2,000 including $2,000 $100 Base fee + $75 for the first $2,001 + $14 for $100 Base fee + $90 for the first $2,001 + $16.80 $2,001 to $25,000 each additional $1,000, or fraction thereof to and for each additional $1,000, or fraction thereof to including $25,000 and including $25,000 $25,001 to $100 Base fee + $400 for the first $25,001 + $10 $100 Base fee + $480 for the first $25,001 + $12 $50,000 for each additional $1,000, or fraction thereof to for each additional $1,000, or fraction thereof to and including $50,000 and including $50,000 $50,001 to $100 Base fee + $650 for the first $50,001 + $7 $100 Base fee + $780 for the first $50,001 + $8.40 $100,000 for each additional $1,000, or fraction thereof to for each additional $1,000, or fraction thereof to and including $100,000 and including $100,000 $100,001 to $100 Base fee + $1,000 for the first $100,001 + $100 Base fee + $1,200 for the first $100,001 + $500,000 $6 for each additional $1,000, or fraction thereof $7.20 for each additional $1,000, or fraction to and including $500,000 thereof to and including $500,000 $500,001 to $100 Base fee + $3,400 for the first $500,001 + $100 Base fee + $4,080 for the first $500,001 + $6 $1,000,000 $5 for each additional $1,000, or fraction thereof for each additional $1,000, or fraction thereof to to and including $1,000,000 and including $1,000,000 $1,000,001 and $100 Base fee + $5,900 for the first $1,000,000 + $100 Base fee + $7,080 for the first $1,000,000 + up $4 for each additional $1,000, or fraction thereof $4.80 for each additional $1,000, or fraction thereof The Building Valuation Data table shall be updated on January 1st of each year to the latest version as published by ICC. **See Valuation Table located on previous page. TABLE 1 -VALUATION BASED APPLICABLE PERMITS: Commercial Structures: New, Additions & Remodels Garages & Carports Residential Structures: New, Additions & Remodels Swimming Pools (In -Ground) Accessory Structures (Greenhouse/Shed) Cell Communications/ Wireless Facilities Deck, Stairs, Ramps Other permit types as determined Commercial: Hot/Tub and Spas, Solar/ Photovoltaic Systems, Re -roofs & Tenant Improvements Plus: $6.50 Residential State Surcharge Fee per permit and $2 per each dwelling unit $25.00 Commercial State Surcharge Fee per permit and $2 per each dwelling unit Packet Pg. 393 1 I 8.9.b I Non -Development Services Fees SPECIAL EVENT PERMITS: (Direct any inquires to the City Clerk's office) Small event / less than 100 people.............................................................................$50.00 Small event— Edmonds -based NP entity.....................................................................$25.00 Major event / more than 100 people........................................................................$125.00 Major event — Edmonds -based NP entity...................................................................$62.50 a Packet Pg. 394 1 8.9.c RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A REVISED FEE SCHEDULE FOR THE CITY'S DEVELOPMENT -RELATED FEES AND CHARGES FOR SERVICES. WHEREAS, ECDC 15.00.020 provides for the establishment and amendment of certain fees charged by the city by resolution; and WHEREAS, city staff has analyzed the full costs associated with city permitting and service activities; and WHEREAS, the city council has previously established and affirms as its goal that permit fees shall be set to cover the costs of processing and issuing permits and requests for service; and WHEREAS, the city council adopted Resolution 1515 on February 21, 2023, which adopted a schedule of fees to be charged in relation to development activity; and WHEREAS, this resolution is intended to replace Resolution 1515; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The fees and charges for services set forth in the schedule attached as Exhibit A to this Resolution, which is incorporated herein by this reference, are hereby adopted, along with the referenced tables, which are also included therein, and shall be effective on April 1, 2024. Section 2. If any section, sentence, clause or phrase of this resolution or any fee or charge for service adopted or amended hereby should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase, or any fee or charge adopted or amended hereby. Section 3. Resolution 1515 shall have no further effect as of April 1, 2024 as the fees adopted by Resolution 1515 are being replaced by the fees adopted herein. RESOLVED this day of March, 2024. CITY OF EDMONDS Packet Pg. 395 8.9.c MAYOR, MIKE ROSEN ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Pg. 396 8.10 City Council Agenda Item Meeting Date: 03/19/2024 Approval of claim checks and wire payments. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #261610 through #261691 dated February 29, 2024 for $268,910.41, claim checks #261692 through #261795 dated March 7, 2024 for $918,667.49 and wire payments of $9,273.04, $73.61, $1,960.00 and $1,114.42. 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 02-29-24 Agenda copy Claims 03-07-24 Agenda copy Packet Pg. 397 8.10.a apPosPay Positive Pay Listing Page: 1 2/29/2024 7:42:29AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 079528 627 MAIN ST CONDO ASSOCIATION 261610 2/29/2024 500.00 065052 AARD PEST CONTROL 261611 2/29/2024 109.40 061029 ABSOLUTE GRAPHIX 261612 2/29/2024 134.92 079486 ACRE ENVIRONMENTAL CONSULTING 261613 2/29/2024 540.00 078347 ACTIVE INTEREST MEDIA HOLDCO 261614 2/29/2024 650.00 001528 AM TEST INC 261615 2/29/2024 185.00 065473 APSCO LLC 261616 2/29/2024 750.91 069751 ARAMARK UNIFORM SERVICES 261617 2/29/2024 458.70 070305 AUTOMATIC FUNDS TRANSFER 261618 2/29/2024 3,097.25 071174 AXON ENTERPRISE INC 261619 2/29/2024 17,370.19 028050 BILL PIERRE FORD INC 261620 2/29/2024 161.48 079516 BOARDWALK HOA 261621 2/29/2024 794.00 073029 CANON FINANCIAL SERVICES 261622 2/29/2024 1,157.43 077353 CAPITOL CONSULTING LLC 261623 2/29/2024 3,900.00 071816 CARLSON, JESSICA 261624 2/29/2024 1,086.91 003510 CENTRAL WELDING SUPPLY 261625 2/29/2024 395.58 019215 CITY OF LYNNWOOD 261626 2/29/2024 42,307.00 064369 CODE PUBLISHING LLC 261627 2/29/2024 1,973.53 072746 CONSOR NORTH AMERICA INC 261628 2/29/2024 11,553.00 077437 DASH MEDICAL GLOVES INC 261629 2/29/2024 330.74 073823 DAVID EVANS & ASSOC INC 261630 2/29/2024 22,804.94 064531 DINES, JEANNIE 261631 2/29/2024 2,008.00 076172 DK SYSTEMS 261632 2/29/2024 486.45 071255 ECOLIGHTS NORTHWEST LLC 261633 2/29/2024 1,337.90 076610 EDMONDS HERO HARDWARE 261634 2/29/2024 564.39 038500 EDMONDS SENIOR CENTER 261635 2/29/2024 1,500.00 008705 EDMONDS WATER DIVISION 261636 2/29/2024 948.63 008812 ELECTRONIC BUSINESS MACHINES 261637 2/29/2024 191.84 079517 ELECTRONIC MOBILE SOLUTIONS 261638 2/29/2024 1,989.00 078919 EMERALD CITY FLOORBALL 261639 2/29/2024 1,255.70 008975 ENTENMANN ROVIN CO 261640 2/29/2024 628.00 009350 EVERETT DAILY HERALD 261641 2/29/2024 295.84 009815 FERGUSON ENTERPRISES INC 261642 2/29/2024 4,343.63 065023 FLUKE ELECTRONICS 261643 2/29/2024 382.20 012199 GRAINGER 261644 2/29/2024 433.76 074722 GUARDIAN SECURITY SYSTEMS 261645 2/29/2024 69.53 067862 HOME DEPOT CREDIT SERVICES 261646 2/29/2024 284.38 073548 INDOFF INCORPORATED 261647 2/29/2024 246.22 014940 INTERSTATE BATTERY SYSTEMS 261648 2/29/2024 1,206.92 072627 INTRADO LIFE & SAFETY INC 261649 2/29/2024 537.50 079227 JAMTOW N LLC 261650 2/29/2024 350.08 079343 JC KILLIN GENERAL CONTRACTOR 261651 2/29/2024 828.75 079508 KANE ENVIRONMENTAL INC 261652 2/29/2024 2,800.00 079524 KIMLEY-HORN & ASSOCIATES INC 261653 2/29/2024 10,888.45 079525 LEFT COAST CRIME 2024 261654 2/29/2024 150.00 075159 LIFE INSURANCE CO OF NO AMER 261655 2/29/2024 16,982.84 078259 MILLER, STEVEN 261656 2/29/2024 357.00 076264 MONO ROOFTOP SOLUTIONS 261657 2/29/2024 14,702.03 018950 NAPA AUTO PARTS 261658 2/29/2024 70.39 067834 NATIONAL CONSTRUCTION RENTALS 261659 2/29/2024 39.78 062204 NELSON TRUCK EQUIP CO INC 261660 2/29/2024 14,264.46 075542 NORTHWEST LANDSCAPE SUPPLY 261661 2/29/2024 181.38 072739 O'REILLYAUTO PARTS 261663 2/29/2024 298.32 Page: 1 Packet Pg. 398 apPosPay Positive Pay Listing 2/29/2024 7:42:29AM City of Edmonds 8:10.a Document group: jacobson Vendor Code & Name Check # Check Date Amount 065720 OFFICE DEPOT 261662 2/29/2024 430.86 027060 PACIFIC TOPSOILS 261664 2/29/2024 2,707.25 072507 PEACE OF MIND OFFICE SUPPORT 261665 2/29/2024 272.00 071783 PIGSKIN UNIFORMS 261666 2/29/2024 753.14 028860 PLATT ELECTRIC SUPPLY 261667 2/29/2024 1,213.50 046900 PUGET SOUND ENERGY 261668 2/29/2024 18,971.72 062657 REGIONAL DISPOSAL COMPANY 261669 2/29/2024 3,140.20 068657 ROBERT HALF 261670 2/29/2024 2,252.25 079019 ROOT AND LIMB YOGA 261671 2/29/2024 1,066.80 076709 ROSEN, MICHAEL 261672 2/29/2024 34.84 066964 SEATTLE AUTOMOTIVE DIST INC 261673 2/29/2024 834.46 067076 SEATTLE PUMP AND EQUIPMENT CO 261674 2/29/2024 650.85 036955 SKY NURSERY 261675 2/29/2024 379.37 037375 SNO CO PUD NO 1 261676 2/29/2024 28,207.81 038100 SNO-KING STAMP 261677 2/29/2024 153.60 038410 SOUND SAFETY PRODUCTS 261678 2/29/2024 1,837.31 040917 TACOMA SCREW PRODUCTS INC 261679 2/29/2024 614.47 078863 THE LANGUAGE EXCHANGE INC 261680 2/29/2024 225.00 072649 THE WIDE FORMAT COMPANY 261681 2/29/2024 232.05 070040 TOTAL RECLAIM INC 261682 2/29/2024 1,426.68 068141 TRANSPO GROUP 261683 2/29/2024 1,632.12 073310 UNISAFE INC 261684 2/29/2024 1,582.68 068259 WA ST CRIMINAL JUSTICE 261685 2/29/2024 4,947.00 065568 WATER SERVICES NW INC 261686 2/29/2024 112.72 075635 WCP SOLUTIONS 261687 2/29/2024 1,889.70 064800 WEHOP 261688 2/29/2024 1,072.48 073552 WELCO SALES LLC 261689 2/29/2024 479.46 079526 WEX BANK 261690 2/29/2024 40.00 011900 ZIPLY FIBER 261691 2/29/2024 865.74 GrandTotal: 268,910.41 Total count: 82 Page: 2 Packet Pg. 399 8.10.b apPosPay Positive Pay Listing Page: 1 3/7/2024 11:39:21AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 076040 911 SUPPLY INC 261692 3/7/2024 6,415.93 070322 A&A LANGUAGE SERVICES INC 261693 3/7/2024 530.00 065052 AARD PEST CONTROL 261694 3/7/2024 227.64 079466 ADELIE DISASTER SOLUTIONS 261695 3/7/2024 6,375.00 074143 AFFORDABLE WA BACKFLOW TESTING 261696 3/7/2024 1,200.00 078469 AGUIRRE, RAUL 261697 3/7/2024 130.00 075836 AKTIVOV LLC 261698 3/7/2024 681.42 074306 AMWINS GROUP BENEFITS INC 261699 3/7/2024 8,514.47 069751 ARAMARK UNIFORM SERVICES 261700 3/7/2024 308.78 078237 ARIAS, ADRIAN 261701 3/7/2024 130.00 064341 AT&T MOBILITY 261702 3/7/2024 43.35 001777 AURORA PLUMBING & ELECTRIC 261703 3/7/2024 140.68 001795 AUTOGRAPHICS 261704 3/7/2024 1,536.50 078762 AZAR, TAYLOR STRONG 261705 3/7/2024 445.50 076685 BAILEY, MICHAEL E 261706 3/7/2024 2,910.00 028050 BILL PIERRE FORD INC 261707 3/7/2024 40.46 076741 BLOSSMAN SERVICES INC 261708 3/7/2024 611.81 073029 CANON FINANCIAL SERVICES 261709 3/7/2024 746.31 077385 CARDWELL, IRATXE 261710 3/7/2024 133.82 071816 CARLSON, JESSICA 261711 3/7/2024 198.00 069813 CDW GOVERNMENT INC 261712 3/7/2024 1,128.21 003510 CENTRAL WELDING SUPPLY 261713 3/7/2024 262.36 073249 CG ENGINEERING, PLLC 261714 3/7/2024 4,400.00 062975 COLLISION CLINIC INC 261715 3/7/2024 1,000.00 070323 COMCAST BUSINESS 261716 3/7/2024 542.41 065891 CONLEY, LISA M 261717 3/7/2024 230.00 075860 CONSOLIDATED SUPPLY CO 261718 3/7/2024 5,083.64 074444 DATAQUEST LLC 261719 3/7/2024 111.50 047450 DEPT OF INFORMATION SERVICES 261720 3/7/2024 285.00 007253 DUNN LUMBER 261721 3/7/2024 249.57 079281 DVAADVERTISING & PUBLIC REL 261722 3/7/2024 1,404.15 076610 EDMONDS HERO HARDWARE 261723 3/7/2024 446.19 038500 EDMONDS SENIOR CENTER 261724 3/7/2024 50,000.00 008705 EDMONDS WATER DIVISION 261725 3/7/2024 385.81 008812 ELECTRONIC BUSINESS MACHINES 261726 3/7/2024 369.85 079517 ELECTRONIC MOBILE SOLUTIONS 261727 3/7/2024 344.76 009350 EVERETT DAILY HERALD 261728 3/7/2024 58.48 009410 EVERETT STEEL INC 261729 3/7/2024 731.53 076751 FALK, NICHOLAS 261730 3/7/2024 97.02 075673 FARMER, MARIA 261731 3/7/2024 520.00 079465 GAIL C HARRIS 261732 3/7/2024 9,112.50 012199 GRAINGER 261733 3/7/2024 402.12 073960 GUTTER KING INC 261734 3/7/2024 5,248.75 010900 HD FOWLER CO INC 261735 3/7/2024 20,795.00 079287 HERITAGE PROF PRODUCTS GROUP 261736 3/7/2024 8,002.12 074966 HIATT CONSULTING LLC 261737 3/7/2024 200.00 013500 HINGSON, ROBERT 261738 3/7/2024 3,348.42 061013 HONEY BUCKET 261739 3/7/2024 400.95 074331 HOVICK, JAMES 261740 3/7/2024 3,940.88 075966 HULBERT, CARRIE 261741 3/7/2024 6,408.30 076488 HULBERT, MATTHEW STIEG 261742 3/7/2024 1,600.00 060165 HWA GEOSCIENCES INC 261743 3/7/2024 2,956.25 069733 ICONIX WATERWORKS INC 261744 3/7/2024 4,167.33 Page: 1 Packet Pg. 400 apPosPay Positive Pay Listing 3/7/2024 11:39:21AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 014940 INTERSTATE BATTERY SYSTEMS 261745 3/7/2024 330.19 078250 KAUFER DMC LLC 261746 3/7/2024 300.00 016850 KUKER RANKEN INC 261747 3/7/2024 141.52 078471 LEMM, KEVIN 261748 3/7/2024 494.00 073603 LIGHTHOUSE LAW GROUP PLLC 261749 3/7/2024 68,006.60 075149 LIM, VANNARA 261750 3/7/2024 390.00 074848 LONG BAY ENTERPRISES INC 261751 3/7/2024 1,591.25 020039 MCMASTER-CARR SUPPLY CO 261752 3/7/2024 236.97 075746 MCMURRAY, LAURA 261753 3/7/2024 177.60 020900 MILLERS EQUIP & RENT ALL INC 261754 3/7/2024 671.49 079223 MOORE, ANGELA 261755 3/7/2024 452.40 069923 MOTION INDUSTRIES INC 261756 3/7/2024 2,926.77 018950 NAPAAUTO PARTS 261757 3/7/2024 176.38 079454 NESS, JULIE ANN 261758 3/7/2024 438.00 075520 NOBLE, LINDA 261759 3/7/2024 260.00 072739 O'REILLYAUTO PARTS 261763 3/7/2024 31.87 070166 OFFICE OF THE STATE TREASURER 261760 3/7/2024 16,303.75 026200 OLYMPIC VIEW WATER DISTRICT 261761 3/7/2024 150.28 002079 OPEN SQUARE 261762 3/7/2024 185,547.42 027060 PACIFIC TOPSOILS 261764 3/7/2024 1,435.23 072507 PEACE OF MIND OFFICE SUPPORT 261765 3/7/2024 76.00 079464 PERKINS EASTMAN ARCHITECTS DPC 261766 3/7/2024 74,382.30 078800 POPA & ASSOCIATES 261767 3/7/2024 2,120.00 079020 PRECISION LANGUAGE SERVICES 261768 3/7/2024 130.00 070955 R&R STAR TOWING 261769 3/7/2024 364.98 068657 ROBERT HALF 261770 3/7/2024 1,905.75 064769 ROMAINE ELECTRIC 261771 3/7/2024 159.15 079387 SAYBR CONTRACTORS INC 261772 3/7/2024 5,117.80 072733 SCHWING BIOSET INC 261773 3/7/2024 3,738.37 066964 SEATTLE AUTOMOTIVE DIST INC 261774 3/7/2024 769.32 066918 SEDOR, NORMAN 261775 3/7/2024 7,000.00 071655 SHI INTERNATIONAL CORP 261776 3/7/2024 275.53 068132 SHORELINE CONSTRUCTION CO 261777 3/7/2024 66,227.11 036950 SIX ROBBLEES INC 261778 3/7/2024 137.52 075590 SMARSH INC 261779 3/7/2024 122.35 075543 SNO CO PUBLIC DEFENDER ASSOC 261780 3/7/2024 1,440.00 037375 SNO CO PUD NO 1 261781 3/7/2024 8,873.03 063941 SNO CO SHERIFFS OFFICE 261782 3/7/2024 54,058.47 070167 SNOHOMISH COUNTY TREASURER 261783 3/7/2024 202.22 075875 SOUND CLEANING RESOURCES INC 261784 3/7/2024 1,209.00 038300 SOUND DISPOSAL CO 261785 3/7/2024 3,362.15 040917 TACOMA SCREW PRODUCTS INC 261786 3/7/2024 1,159.10 078863 THE LANGUAGE EXCHANGE INC 261787 3/7/2024 678.04 075587 THE UPS STORE #6392 261788 3/7/2024 18.87 079359 THE WALLS LAW FIRM INC 261789 3/7/2024 25,000.00 067865 VERIZON WIRELESS 261790 3/7/2024 15,907.65 065035 WASHINGTON STATE PATROL 261791 3/7/2024 318.00 078314 WASTE MGMT DISPOSAL SVC OF OR 261792 3/7/2024 195,989.66 065568 WATER SERVICES NW INC 261793 3/7/2024 146.96 064800 WEHOP 261794 3/7/2024 1,009.91 011900 ZIPLY FIBER 261795 3/7/2024 1,153.76 GrandTotal: 918,667.49 Total count: 104 Page: 2 Packet Pg. 401 8.11 City Council Agenda Item Meeting Date: 03/19/2024 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 payroll check #65976 dated March 5, 2024 for $1,341.32, direct deposit for $872,980.33, benefit checks #65977 through #65981 and wire payments for $773,659.47 for the pay period of February 16, 2024 to February 29, 2024. 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: 02-16-2024 to 02-29-2024 benefit checks summary 02-16-2024 to 02-29-2024 payroll earnings summary report Packet Pg. 402 Benefit Checks Summary Report City of Edmonds Pay Period: 1,142 - 02/16/2024 to 02/29/2024 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 65977 03/05/2024 bpas BPAS 5,704.23 0.00 65978 03/05/2024 chap1 CHAPTER 13 TRUSTEE 175.00 0.00 65979 03/05/2024 icma MISSIONSQUARE PLAN SERVICES 6,220.97 0.00 65980 03/05/2024 flex NAVIA BENEFIT SOLUTIONS 5,363.01 0.00 65981 03/05/2024 afscme WSCCCE, AFSCME AFL-CIO 3,141.68 0.00 20,604.89 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3644 03/05/2024 pens DEPT OF RETIREMENT SYSTEMS 386,667.43 0.00 3646 03/05/2024 aflac AFLAC 3,255.54 0.00 3649 03/05/2024 us US BANK 163,478.51 0.00 3650 03/05/2024 mebt WTRISC FBO #N3177B1 157,224.02 0.00 3651 03/05/2024 pb NATIONWIDE RETIREMENT SOLUTION 5,672.90 0.00 3652 03/05/2024 wadc WASHINGTON STATE TREASURER 36,051.18 0.00 3653 03/05/2024 oe OFFICE OF SUPPORT ENFORCEMENT 705.00 0.00 753,054.58 0.00 Grand Totals: 773,659.47 0.00 3/6/2024 Packet Pg. 403 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,142 (02/16/2024 to 02/29/2024) Hour Type Hour Class Description Hours Amount 118 ABSENT UNPAID L & 1 80.00 0.00 121 SICK SICK LEAVE 603.50 33,980.33 122 VACATION VACATION 926.50 52,298.19 123 HOLIDAY HOLIDAY HOURS 162.50 8,167.78 124 HOLIDAY FLOATER HOLIDAY 79.50 3,909.76 125 COMP HOURS COMPENSATORY TIME 130.00 6,935.41 128 HOLIDAY Holiday Bank WWTP 76.00 4,046.37 131 MILITARY MILITARY LEAVE 18.00 848.82 141 BEREAVEMENT BEREAVEMENT 24.00 931.05 150 REGULAR HOURS Kelly Day Used 156.00 8,716.66 154 HOLIDAY FLOATER HOLIDAY BUY BACK 9.00 444.91 155 COMP HOURS COMPTIME AUTO PAY 135.02 7,899.66 157 SICK SICK LEAVE PAYOFF 10.34 511.15 158 VACATION VACATION PAYOFF 134.28 6,638.01 160 VACATION MANAGEMENT LEAVE 110.00 11,879.52 161 VACATION VACATION PREMIUM PAYOFF 16.00 790.95 162 HOLIDAY Wellness Day Earned -AFSCME 8.00 0.00 170 REGULAR HOURS COUNCIL BASE PAY 600.00 10,231.02 174 REGULAR HOURS COUNCIL PRESIDENTS PAY 0.00 341.00 175 REGULAR HOURS COUNCIL PAY FOR NO MEDICAL 0.00 4,382.18 190 REGULAR HOURS REGULAR HOURS 16,270.50 919,463.72 194 SICK Emerqency Sick Leave 116.00 7,277.47 210 OVERTIME HOURS OVERTIME -STRAIGHT 152.00 8,009.18 215 OVERTIME HOURS WATER WATCH STANDBY 60.00 4,308.22 216 MISCELLANEOUS STANDBY TREATMENT PLANT 4.00 493.66 220 OVERTIME HOURS OVERTIME 1.5 481.25 41,317.32 225 OVERTIME HOURS OVERTIME -DOUBLE 52.00 5,062.80 400 MISCELLANEOUS MISC PAY 0.00 3,100.00 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 812.45 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 2,674.08 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 -557.34 602 COMP HOURS ACCRUED COMP 1.0 136.50 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 129.60 0.00 606 COMP HOURS ACCRUED COMP 2.0 4.00 0.00 900 VACATION ACCRUED VACATION 24.00 0.00 8.11.b d a� CU 0 CU 0_ 0 0 0 L Q 0_ Z 03/06/2024 Packet Pg. 404 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,142 (02/16/2024 to 02/29/2024) Hour Type Hour Class Description Hours Amount 901 SICK ACCRUED SICK LEAVE -174.97 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 350.26 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 255.71 colre MISCELLANEOUS Collision Reconstruction ist 0.00 54.76 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 201.58 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 118.83 deftat MISCELLANEOUS DEFENSE TATICS INSTRUCTOR 0.00 94.36 det MISCELLANEOUS DETECTIVE PAY 0.00 138.08 det4 MISCELLANEOUS Detective 4% 0.00 972.90 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 925.54 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 575.92 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 10,883.29 firear MISCELLANEOUS FIREARMS INSTRUCTOR 0.00 532.94 fmla ABSENT FAMILY MEDICAL/NON PAID 80.00 0.00 hol HOLIDAY HOLIDAY 1,439.86 84,621.21 k9 MISCELLANEOUS K-9 PAY 0.00 269.53 less MISCELLANEOUS LESS LETHAL INSTRUCTOR 0.00 144.62 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 1,027.00 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 1,440.10 Ig12 LONGEVITY Longevity 9% 0.00 1,439.16 Ig13 LONGEVITY Longevity 7% 0.00 1,349.83 Ig14 LONGEVITY Longevity 5% 0.00 1,029.67 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 166.92 Iq3 LONGEVITY PAY LONGEVITY 6% 0.00 289.83 Iq4 LONGEVITY Longevity 1% 0.00 1,235.21 Iq5 LONGEVITY Longevity 3% 0.00 2,933.85 Iq7 LONGEVITY Longevity 1.5% 0.00 579.82 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 138.08 pfmh HOLIDAY Paid Family Medical Holiday 25.75 1,329.09 pfmp ABSENT Paid Family Medical Unpaid/Sup 200.75 0.00 pfms SICK Paid FAMILY MEDICAL/SICK 25.00 1,499.85 pfmv VACATION Paid Family Medical Vacation 51.50 3,091.79 phy MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 2,254.42 st REGULAR HOURS Serqeant Pay 0.00 164.27 str MISCELLANEOUS STREET CRIMES 0.00 219.02 8.11.b d a� CU 0 CU 0_ 0 0 0 L Q 0_ Z 03/06/2024 Packet Pg. 405 Hour Type Hour Class traf MISCELLANEOUS Payroll Earnings Summary Report City of Edmonds Pay Period: 1,142 (02/16/2024 to 02/29/2024) Description TRAFFIC Hours 0.00 22,356.38 Total Net Pay: Amount 262.90 $1,275,504.67 $874,321.65 8.11.b 03/06/2024 Packet Pg. 406 8.12 City Council Agenda Item Meeting Date: 03/19/2024 Approval of Special Meeting Minutes February 27, 2024 Staff Lead: Council Department: City Clerk's Office Preparer: Nicholas Falk Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 2024-02-27 Council Special Meeting Packet Pg. 407 8.12.a EDMONDS CITY COUNCIL SPECIAL MEETING DRAFT MINUTES February 27, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember ELECTED OFFICIALS ABSENT Jenna Nand, Councilmember 1. CALL TO ORDER STAFF PRESENT Jeff Taraday, City Attorney Carolyn LaFave, Mayor's Executive Assistant Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council special meeting was called to order at 6:00 pm by Mayor Rosen in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. 2. INTERVIEW CANDIDATE FOR APPOINTMENT TO CITY BOARD/COMMISSION 1. INTERVIEW CANDIDATE FOR ESCC APPOINTMENT Councilmembers interviewed Kiwa Tashiro for appointment to the Edmonds Sister City Commission (responses in italics). Council President Olson invited Kiwa Tashiro to tell the council about herself. I am a grad student at the University of Washington in the Executive Master of International Studies program. I came to Edmonds last September; before that I was working in Japan for about six years as journalist. My company put me in different locations in Japan including one close to Hekinan City. I came across the Sister City Commission booth at the Saturday market last October and asked about the program because I am very interested in Hekinan and Edmonds' Sister City program. Council President Olson relayed her appointment to the Sister City Commission is on tonight's Consent Agenda for approval. Councilmember Paine asked when she met the Sister City Commission at the Saturday Market booth, did she have an opportunity to meet any of the Hekinan councilmembers. There were three Sister City Commissioners at the booth who explained the program, asked about my background and my interest in the Sister City Commission. That 30 minute conversation led me to apply for the commission. Edmonds City Council Draft Minutes February 27, 2024 Page 1 Packet Pg. 408 8.12.a Councilmember Paine assumed she got to meet a Hekinan Councilmember who dresses as a clown. Mayor's Executive Assistant Carolyn LaFave said the Hekinan Council was not at the booth at that time. Councilmember Tibbott asked if she had ever been to Japan and had an opportunity to engage with the culture and what part of bridging would she like to see happen between Edmonds and Japan. I had a chance to meet with the people from Hekinan who came to Edmonds last year. I was asked to join one of their meetings and had a chance to talk with the people from Hekinan City and help with translating. I really love Edmonds, the people are very welcoming. Whenever I talk to people at the Saturday Market, they are heartwarming and welcoming and I love the atmosphere. I also want to share with Edmonds what kind of city Hekinan is because I lived close by. I can be a bridge between Edmonds and Hekinan City. Councilmember Chen commented she is a unique candidate as a graduate student at the University of Washington and having lived in Japan, a good mixture of skills and connections. He asked what she wanted to accomplish with her skill sets and whether she wanted to foster a connections between the UW and Hekinan students. I would like to be involved in the program that exists; in speaking with former Mayor Nelson, he was very interested in Edmonds residents going to Japan and learning how to prepare for natural disasters, especially earthquakes. I am interested in aprofessional level study abroad and exchange program. I am originally from the northern part of Japan where the biggest earthquake happened in March 2011 and I had to evacuate to a shelter for a couple months. Edmonds in the ring of fire and may have big earthquake in the future. Councilmember Eck commented her special skill set and experience including j ournalism will be extremely helpful. She invited Ms. Tashiro to reach out to the council after she is appointed if there was any way the council can help. Councilmember Dotsch asked Ms. Tashiro if, after speaking with the Sister City Commission, she had any ideas she wanted to explore. My only idea was what former Mayor Nelson said. I recently had a chance as a student volunteer to guide 100 high school students from Japan around the University of Washington and Seattle. I am interested in a high school or middle school exchange program. 3. CONVENE IN EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION PER RC2 42.30.110(1)(D At 6:10 pm, the Council convened in executive session to discuss pending or potential litigation per RCW 42.30.110(1)(i) for a period of 30 minutes. MEETING EXTENSION At 6:47 p.m., Mayor Rosen announced that the executive session would be extended for 5 minutes to 6:52 pm. 3. RECONVENE IN OPEN SESSION The meeting reconvened at 6:50 pm. ADJOURNMENT With no further business, the special council meeting was adjourned at 6:50 pm. Edmonds City Council Draft Minutes February 27, 2024 Page 2 Packet Pg. 409 8.13 City Council Agenda Item Meeting Date: 03/19/2024 Approval of Council Minutes February 27, 2024 Staff Lead: Council Department: City Clerk's Office Preparer: Nicholas Falk Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 2024-02-27 Council Meeting Packet Pg. 410 8.13.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES February 27, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Dave Turley, Administrative Services Director Oscar Antillon, Public Works Director Susan McLaughlin, Planning & Dev. Dir. Rob English, City Engineer Bertrand Hauss, Transportation Engineer Thom Sullivan, Facilities Manager Rose Haas, Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 6:59 pm by Mayor Rosen in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Dotsch read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Linda Ferkingstad, Edmonds, relayed on February 2, 2017, her then 81-year old father found 11/4 acres in Edmonds hoping to divide and build 4 downsized homes for their family. Her mom had been diagnosed with multiple myeloma and they wished to live close to their daughters. They obtained surveys and geotech reports and presented them to the planning department to ensure the property was divisible and buildable. With Kernen Lien and Mike Clugston's encouragement, they purchased the property in April 2017. In the Edmonds City Council Draft Minutes February 27, 2024 Page 1 Packet Pg. 411 last seven years, they have been misled, obstructed and extorted by the City of Edmonds. All aspects of their short plat division permit were finally approved mid -December 2022 except the trees. They must provide an arborist appraisal that costs $50,000 for all trees and pay the City the tree fee of $106,000. This for trees they have no right to touch since the emergency moratorium on division permits placed in December 2019 and the subsequent tree ordinance. In addition, their permit will not be approved until they sign as protected by the City on the property titles, the rights to every tree and the property shaded by them. They have spent $106,000 in tree fees, $50,000 for an arborist and $100,000 for architects, attorneys, arborists and engineers trying to comply as well as property taxes; $250,000 in costs before they can even design and break ground on their property which means less money to build the homes. Ms. Ferkingstad continued, high density Edmonds has greatly raised the cost of housing and resulted in losses for every owner of vacant property devalued by their own trees. Costs of new regulations and construction have increased 30-100% in the past 7 years. Edmonds has cost them precious time and continues to extort the funds they need to build; her mom passed away 16 months ago and her father, now 89, can no longer live on his own. She urged Mayor Rosen and councilmembers to restore property rights to property owners in Edmonds that were taken away in 2019. She has spent over 1000 hours of unpaid time trying to comply with Edmonds' demands and commented at over 70 city council, tree board and planning board meetings warning of the illegality of the non -equitable tree ordinance asking for equal rights afforded to home owners in Edmonds. For what she estimated as the 50' time, she asked the council to rescind the illegal tree ordinance; it is an emergency. Roger Pence, Edmonds, referred to the presentation regarding detached accessory dwelling units (DADU), and said he has a lot of ideas, thoughts and questions about the proposal which he supports in principle, but there has not been an opportunity for a question and answer period with staff or the planning board. There needs to be a public forum on the topic before proceeding to a public hearing. Staff is still surfacing new ideas, several of the slides in the presentation are labeled ideas we're exploring and topics for further discussion. The public needs an opportunity to participate in that further discussion. He urged the council to suggest to the planning board that the public hearing not be held tomorrow and instead schedule a public forum or open house, an opportunity to have a civic conversation about this important project. Jim Ogonowski, Edmonds, echoed Mr. Pence's comments, expressed concern with the approach that is being taken since this is a completely new law, yet the City seems to be on a path that is very liberal in its interpretation of the law and getting "way out over our skis" in his estimation. He cited specifics such as allowing DADUs on environmentally or geologically critical areas as defined in the GIS maps. HB 1337 allows for exceptions to these areas, yet the proposed code does not take that into account and appears to allow placement of DADUs in critical areas. Another specific is related to DADUs in Planned Residential Development zones, which he viewed as government overreach as those zones usually have restrictive property rights in their deeds and covenants. His deed has restrictive covenants that would suggest what is being proposed would be illegal on his property. He suggested the city attorney look into the property rights issues associated with staff s presentation. Another example is setback requirements, the graphics in the presentation show one DADU per lot versus the requirement to allow two which is misleading. He hoped to see a planning board member at the table with City staff to help answer council questions. 6. RECEIVED FOR FILING 1. OUTSIDE BOARDS AND COMMITTEE REPORTS 2. WRITTEN PUBLIC COMMENTS 3. CLAIM FOR DAMAGES FOR FILING 7. APPROVAL OF CONSENT AGENDA ITEMS Edmonds City Council Draft Minutes February 27, 2024 Page 2 Packet Pg. 412 8.13.a COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF SPECIAL MEETING/COUNCIL RETREAT MINUTES FEBRUARY 2, 2024 2. APPROVAL OF SPECIAL MEETING/COUNCIL RETREAT MINUTES FEBRUARY 3, 2024 3. APPROVAL OF COMMITTEE MEETING MINUTES FEBRUARY 13, 2024 4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT 5. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 6. CONFIRM APPOINTMENT OF ESCC CANDIDATE 7. INTERLOCAL AGREEMENT WITH ALLIANCE FOR HOUSING AFFORDABILITY (AHA) 8. COUNCIL BUSINESS 1. 2024 BUDGET AMENDMENT REQUESTS Administrative Services Director Dave Turley reviewed: • There are 25 requests tonight; more detailed information including the draft ordinance can be found in the council packet • These requests were discussed in detail during the February 13 Finance Committee meeting • If approved, this budget amendment would increase forecast non -General Fund revenues by $996,170 and would increase non -General Fund budgeted expenditures by $4,662,520 Fund Number Proposed Amendment Change in Revenue Proposed Amendment Change in Expense Proposed Amendment Chongein Ending Fund Balance 112 449,815 695,610 (245,795) 117 855 - 855 125 - 316,101 (316,101) 126 - 714,754 (714,754) 137 74,S00 (74,500) 332 (85,150) 85,150 421 269,176 1269,176) 422 472,500 1,202,265 (729,765) 423 - 677,264 (677,264) 511 73,000 798,000 (725,000) Total Change 1 996,1701 4,662,520 1 (3,666,3S0) mal of there uests: llrw Citywide Bicycle Improvements Sewer Replacement/Rehabilitation Projects Vehicle Purchases, Maintenance, Propane Conversions Lake Ballinger Way purchase/demolition Elm Way Walkway Main Street Overlay Yost/Seaview Reservoir Repairs Storm Rehabilitation and Marsh Improvements Cemetery Excavator Other projects under $100,000 Total Additional Expenditures Expense Revenue $ 1,130,240 $ 413,815 734,511 725,000 578,912 472,500 398,130 234,270 211,929 194,363 147,500 73,000 307,665 36,855 ' $ 4,662,520 $ 996,170 Edmonds City Council Draft Minutes February 27, 2024 Page 3 Packet Pg. 413 8.13.a Mr. Turley explained the cemetery excavator costs about $73,000; governmental accounting requires transferring money out of the Cemetery Fund into the Fleet Fund and then show the purchase of the excavator out of the Fleet Fund which shows the expense for a second time. He summarized all these requests are carryforwards from last year. For example, the Citywide Bicycle Improvements, this isn't the total amount budgeted in 2024; it is improvements budgeted in 2023 that were not completed so they are carried forward into 2024. Staff s recommendation is to approve the ordinance as included in tonight's packet. Councilmember Chen expressed his appreciation to Mr. Turley for bringing this to fall council, commenting the individual amendments were discussed at the finance committee and he sent a list of questions to Mr. Turley prior to the finance committee meeting. Like Mr. Turley said, these requests are projects budgeted in 2023 and not completed so they are carried forward to 2024. When the 2024 budget was developed, all the funds' beginning balances were estimated. Now that the actual December 2023 fund balance are available, that should be the beginning balance for 2024 for planning and budgeting purposes. This first budget amendment is a golden opportunity to bring those beginning fund balances to what they actually were in 2023. For example, the fund balance for the General Fund on December 31, 2023 was $2,231,830. However, in the 2024 budget book, the beginning balance was $3,047,445 which means the budget reflects $815,615 that the City actually doesn't have. The first budget amendment is a golden opportunity to give a true picture, especially right now when there is General Fund stress. He recommended having these carryforward amendments together with all the funds to provide the true picture. Mr. Turley responded the biggest project in the finance department right now is closing out 2023 yearend books and putting together the financial report that will be audited by the State Auditor's Office (SAO). By the middle of March, staff will have a good idea of the fund balances and they will be firmed up by the end of March. Staff will bring that information to council as soon as it is available to modify the beginning fund balance for all funds. Fund balances remain subject to change until the audit is completed which he hoped would be the end of June; the audit will confirm the calculations that determine the fund balance. Updated fund numbers are not available tonight, but will be available mid -March. Councilmember Chen responded December 2023 monthly financial report is available and if staff is recording accounting entries, those numbers should be fairly solid. Mr. Turley answered the monthly financial statement is cash basis which is completely different from the accrual basis report that is audited by the SAO. Cash basis, accrual basis, and budgetary basis are three different ways of looking at accounting. He summarized what Councilmember Chen was looking for was the audited numbers which will be available in mid -March . Councilmember Chen recalled in November 2023 there was a budget amendment to reduce the General Fund beginning balance by $4 million, much later in the process and caught the council off guard. He recommended having as true a number as possible early on instead of waiting until later. He has expressed that opinion and desire in email and in public multiple times. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE 4335 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE." Councilmember Paine commented this is part of normal City business. Councilmember Nand said she was tentatively in favor of the motion, but had a question about the language related to unintended transfers. As the junior member of the finance committee, she appreciated the concerns Councilmember Chen raised on behalf of members of the public, but was comfortable with the Edmonds City Council Draft Minutes February 27, 2024 Page 4 Packet Pg. 414 finance department reconciling its actual cash balances with the beginning fund balance at the end of March. She thanked Mr. Turley and his staff for their hard work. Council President Olson expressed appreciation for the comments by Councilmember Chen, noting she could have made those same comments. Due to the fiscal emergence, it would be her preference to have updates as early as possible that show a decrease in the General Fund balance even if the numbers are not final. She was comfortable with the fund balance coming to council in March. She could support an amendment to have the change today or vote to pass the budget amendment package knowing staff will provide that information in March. For the public and council's edification, the administration had concerns about publicizing a number that was not the final number because it could possibly be misleading and preferred to wait until the final numbers are available. Reasonable minds can disagree; having the lowest known number reflected might make everybody more aware of the need to be super careful and cautious about everything they are doing. Councilmember Dotsch asked if any additional expenses will be required to complete these projects in 2024. Mr. Turley answered he does not prepare the individual decision packages, those are prepared by the department by determining the budgeted expense that was not expended last year but is planned to be expended this year and that amount is carried forward. For example if a project has $200,000 to carryforward and additional costs, staff would do their best to identify the carry forward and identity any additional funds that would be required. As far as he knows, these are just carryforward amounts not expended last year. Councilmember Dotsch referred to discussion regarding the state's transportation budget which has a lot of challenges such as snowballing costs due to inflation, wages, limited contractors, higher bids, etc. She wanted staff to be really honest this year; it sounds like it will be a challenge to keep things on budget. Councilmember Chen clarified this is a different approach. What is proposed, the carryforwards are needed to complete the project which he totally agreed with. Considering that the General Fund balance is down to $2 million, it takes about $5 million to run the City, and there is a $2.2 million contingency fund. This is a critical time that needs to be closely monitored. If the council thinks there is $815,000 in the General Fund that is not actually there, clearly expenses can dip into the contingency fund without knowing it or worse, deplete the entire contingency fund without knowing it. He did not want to wait until the auditor finishes the audit, noting the exit interview for last year's audit of the 2022 financial statements did not happen until the end of the 2023. By March, the auditor has not even started the audit, they usually start in the summer. He wanted to explain those facts before councilmembers vote on this. He assured his comments are not against anyone, it is just a different approach because clearly the City is in financial stress, especially the General Fund, so things need to be crystal clear and closely monitored. Mayor Rosen clarified these amendments are not General Fund expenses. The fund balance that Councilmember Chen is referencing is related to the General Fund which is Mr. Turley will update by mid - March. Councilmember Nand said she looks forward to the work of the Blue Ribbon Panel and Councilmember Chen's Fiscal Policy Subcommittee in addressing some of the concerns the public raised regarding transparency in finances. She appreciated the finance department's level of caution and wanting to make sure everything is triple checked and correct before presenting it to the auditors. Councilmember Dotsch recalled when Mike Bailey made his presentation to council, he made recommendations on how the financial presentations could be more user friendly which she hoped would be reflected in the next budget amendment. She asked if there was any expectations related to using the contingency fund reserves or borrowing money. Mr. Turley answered all he can do is look at the budget that has been approved by council and according to that, he does not foresee the need to make any transfers Edmonds City Council Draft Minutes February 27, 2024 Page 5 Packet Pg. 415 8.13.a from the contingency fund in 2023 at this time. Councilmember Dotsch asked if he had an expectation when that might happen, observing things are moving fast toward it. Mr. Turley answered the only way that would be necessary is if revenue estimates were grossly overstated and came in $5-6 million by the end of the year which he did not anticipate. It is simple math when passing the budget and there is an ending fund balance; he did not anticipate needing to use the contingency fund as the budget is approved right now. MOTION CARRIED (6-1), COUNCILMEMBER CHEN VOTING NO. 2. CITY OF EDMONDS FACILITY CONDITION ASSESSMENT UPDATE BY MCKINSTRY Facilities Manager Thom Sullivan introduced Public Works Director Oscar Antillon. McKinstry staff members introduced themselves: Grant Granger, technical services team; Shelby Hinkle, energy team; and Andrew Williamson, business development. Mr. Granger reviewed: • Recap — Recent Facilities History o From 1990s-2014 annual facility repair budget was—$68k/yr 0 2018 McKinstry FCA highlighted staffing and funding gaps. 30-year deferred capital backlog assessed at $30,682,192 12023 30 Year deferred capital backlog $43,536,776 o City responded by increasing annual maintenance/facilities to $100-300k annually o Annual Capital renewal investments increases began in 2019 ■ 2019 - $700k 12020 $1,500,000 12021 $710,000 12023 No new Capital investment o By 2021 — Deferred maintenance short term was estimated at $11M 0 2021 Public Facilities District bond added $4.4M in Facilities Funding ■ Impactful, but still not enough to fully fund core deferred capital needs • Facility Condition Assessments: Why and How o A strong facility condition assessment program helps de -mystify deferred maintenance challenges and empowers facility directors and capital planners to make data -driven decisions .Q WASTE oocememenan Review 81n[erview J = eb of Time AUDIT ANALYZE REPORT City of Edmonds FCA Update 2023 Scope o Updating 2018 FCA and Expanding to new Facility Assets ■ Provide on -site field assessments of assets at City Hall and Public Safety Building ■ Targeted ADA Assessment of City Hall and Public Safety Building ■ Provide new FCA on -site field assessments of assets at 8 city park structures and salmon hatchery facility (113 new facility assets total) ■ Update all existing (2018) asset condition scores and life expectancies ■ Update all existing replacement cost estimates (like -for -like replacements) ■ Provide City of Edmonds with updated report and 30-year Capital Plan What Does an FCA not include? o Things not typically assessed in an FCA ■ Full project soft costs (replacements as project) ■ Full ADA assessment Edmonds City Council Draft Minutes February 27, 2024 Page 6 Packet Pg. 416 8.13.a ■ Code compliance ■ Building performance enhancement ■ Other compliance ■ Building systems testing ■ Space planning or use adequacy/enhancement ■ Building/facility revenue Definitions o Maintenance ■ Preventative Maintenance - Routine maintenance items to preserve expected asset life or prevent system failure/downtime. (floor care, air and water filter changes, equipment lubrication, routine inspection, and manufacturer prescribed maintenance to maintain warranty, etc.) ■ Operational Maintenance - Daily maintenance to maintain business operational needs (routine cleaning and sanitizing, ADA access readiness, roof cleaning and leak repair, security and lock maintenance, building controls programing and light duty repair of Plumbing Mechanical and Electrical systems, and life safety systems). o Capital Investment ■ Capital Renewal/Replacement - Replacement of larger building systems that have failed, are requiring frequent vendor support or no longer meet the business needs of the City. Elevator modernizations, Roof replacements, exterior envelope waterproofing and painting, complete system replacements or upgrades (i.e. replacing as a package; electrical panels, wiring, receptacles and lighting), complete fire alarm systems including panels, alarm devices, strobe lights and monitoring network). Re -plumbing of an entire building's water/sewer infrastructure, including piping. bathroom and kitchen fixtures, sprinklers, etc. Necessary Investments — 15 Year CapEX o 15 Year Budget Breakdown by Building NPV 1 z 3 9 s f ) t f W lz 9 u sw 7 w,o% $72 g23.W $LA1 w.lb %W] Su.W3 $LlA w w w,W2 $A,W9 SL359 sJ9.w 50 50 $1,W9 saLvn 59w SA.53) w SxLm SL$9D W3,13o w9l 51fi.132 SliWb w SLW -iryrun�in w.3W.ul w So W,.— w SA3%I sLS.eA wW,2W 532n.9oJ $W.3% 530353 $re,L32 k $19IAIC Wn,e9e $WS)2 nni�e Sir sxlc9u s?WLeu sx3.9W $Lul.>zl %19J $m %®3 $n,lu sL991 $11]SW w wLln s9A9. s=3.w w.9W Sxsgw w Wm.9A W,xefi %e=) w WsO,m w S wJe 518,31x zL3fiJ w wAx9 Sxu.Ou w $uLm W.9W,9s9 Sx,39)A9e Ww,eeo SLA,At S1xLm leo s]3L9=D SW.loe 539,w $wA38 wL%sl $17A S190.W w 52.A3 538,9r] 53AW 5%lW $141a0 w SnL9w $W,-,uo w3,Wt %]n Sx,9a 591AUD su.A3 5— $"I w w w30.]n 5ae,a51 $3a,519 $L9M WLB¢) SL101 $219W $].%> $31,W $KW $IL3A WJSW 5639 $IOU30 10M Sall 50 %253 SD 57 $15A98 w 5ML%5 w 50 50 $53,63 w $1]S,M3 $9ee z_ $L12D $ILOA SLAT Crary eu w.mAOi $Afi.9B3 S133.a63 w3.)W wo.ow $35aSW $19,A3 $L3W $0 50 S1L,959 SD "Al$3&D9 %ell $L=A w.w $M.W sis.]nl 515,3ll $m.Wx $W.9w SWAN Saucsa w Sam %3n w Sesssn 4.Dla WLem WLm !D wLml Sn.3n So SI%aW $143A !o w,m,lu w $rz.on w S1n,Jse w w w.Wl 5vs,lu wm.xJx SW.nI w w9.xA we,zsJ $x33D w 5xefou SM10.39) $AAW wta, wL3m SJAW $au,w wJSW $AxAt3 $W9 SW,aA W,aea WW,Is) wAxx WJ,9 wAJ] 59.sn9 w w W.33s SSW,JA W,aefi Sn.eu 49AW A10.]W w9A9J w 988fi9 $A$}K Sv 511;1z9 wAlil20 ".W %s0.lel 53fi9,2a1 %3W wLne w WLafi3 W)Ael $Liv 523,Z WA,9a3 $n.w s%AB $WAn WLafi= SARW $u,933 %W= w wn w W74— s]]a,A9 %JW 5]un $ssAe$ so & $LlM,W2 53A.us SN.9A sss,s95 950.A% $39.]nl $2iS1z w 532256 w W4»6 $2l$Aw 560.W) w 50 10 w $3fi.2W w %OW SUW SllltSfi w ffi9,t32 59 $W,B9) w $Lbtl w 50 so city iann1 S33W31 $>L$$e WSLm w $WJSI) $wAw w w,,-,,3,5D$ w S),W3 w w w 53a17 539.918 w orympil wsn vlsirors sutbn m ay i+an s1l0AA $ $n.1W $XW $6L LWx wLeW w w w w w w w w $m,w w wl,sos w w 51,82 $22cz1 51],s=e w Szze,eW w w S39Lm w $W,W3 w stJW3 Sas.ma w S1m,A] w wte.etJ $to�M9 5tts=)9 w w $i ie.n= $o w w 57 w w w w w • Necessary Investments — 15 Year CapEX $fi.o9D,oro S%_,Dee $A.$M 59,oDD.000 Baseline avg. annual capital 53�D� budget need: $2.7M $1.8M I $2.SM $2.DM $i.11.1 j2.IM 53,000,000 $19M 5� $Lsr Sl.o9D.o00 xiyfi, ■ $I.OM 1 i 3 a 5 6 ] a 9 30 11 li 13 • Facility Condition Index Edmonds City Council Draft Minutes February 27, 2024 Page 7 Packet Pg. 417 8.13.a o FCI is the total cost of the existing maintenance, repair, or renewal of the facility divided by the total estimated replacement value (or CRV, current replacement value) of the facility. Buildin Boys and Girls Club Maintenance $62,555.00 Rei)tace. t Costs (S $272,302.11 Estimated Building Co $334,857.11 Estimated Buildi $5,142,000.00 5 Year Ki Building $10,325.00 $12,404.45 $22,729,45 $569,250.00 �O�O�7Cemetery City Hall $265,405.00 $1,679,717.41 $1,945,122.41 $25,555,5W.00 Fishing Pier $11,930.00 $37,780.79 $49,610.79 $90D,000.00 0.06 Frances Anderson Center $389,105.00 $2,638,683.22 $3,027,788.22 $41,250,000.00 0.07 F516 $97,635.00 $404,804.86 $502,439.86 $8,025,000.00 0.06 F517 $162,595.00 $874,469.80 $1,037,064.80 $7,350,000.00 0.14 FS 20 $93,540.00 $143,219.24 $236,759.24 $4,800,000.00 OS Historic Log Cabin $4,460.00 $26,077.88 $30,537.88 $279,000.00 0.11 Historical Museum $51.310.00 $64,399.17 $115,709.17 $2,932,500.00 0.04 Library and Plaza Room $744,030.00 $1,371,824.36 $2,115,854.36 $14,640,000.DD 0 11 Meadowdale Club House $30,020.00 $94,075.7S $124,D95.75 $2,962,S00.00 0.04 Old Public Works $86,475.00 $379,785.05 $466,260.05 $10,575,000.00 Parks Maint. Building $34,645.00 $267,199.48 $301,844.48 $3,651,000.00 0.08 Public Safety building $306,265.00 $1,426,670.62 $1,732,935.62 $23,205,000.D0 0.07 Public Works O&M Center $146,730.00 $1,597,176.74 $1,743,906.74 $21,000,000.00 0.08 Wade James Theater $44,490.00 $493.029.92 $53751992 $4,716,750.00 0.11 Yost Pool House $84,610.00 $250,293.01 $334:903:01 $1498,0W.00 1 0.10 .051 to .1 Good -Fair .11to.3 Fair -Poor • Findings Summary o Key Takeaways from 2023 FCA Update ■ Facilities team doing a remarkable job given significant budget constraints - have worked hard maintaining assets given current staffing levels. ■ 67% of City of Edmonds assets (equipment) are more than 23 years old. Ms. Hinkley reviewed: ■ Frances Anderson Center: Significant facility needs (Project planned but not fully funded) - End -of -life equipment, no cooling OR ventilation in space, existing steam boiler challenges - Historical facility, houses critical services, important to community - Capital investment likely will be need for this space Mr. Granger continued: ■ Library not assessed post -flood ■ 24x7 Critical Facilities (Fire Stations and Public Safety Building) have 238 critical systems assets needing to be replaced within next 10 years ■ ($3.4M in 2023 dollars, without factoring in performance upgrades) ■ Critical Risk - City Hall network operations center and electrical infrastructure - Generator only backs up a portion of the site = operations risk. City estimates -$3-5M electrical upgrade needed to support addition of generator. o General Recommendations Capital funding levels: Condition alone merits annual funding levels of $1.8-2M, before accounting for improvements in system performance, energy efficiency, or compliance requirements Maintenance Repair Budget: Increase annual repair budget for facilities from -$100k-300k annually to $300-400k/yr - Increasing maint. repair funding to improve ability to self -perform smaller asset replacements (below $50k) and help prevent the deferred maintenance gap from growing even larger Maintenance Staffing: Increase (Right -Size) facilities staffing to allow more proactive maintenance and in-house small repairs - Recommended International Facility Management Association (IFMA) staffing levels for 250k-500k SFT is 9 FTE* (vs 4 FTE) Maintenance staff, does not include custodial Edmonds City Council Draft Minutes February 27, 2024 Page 8 Packet Pg. 418 8.13.a Councilmember Paine commented according to the presentation, it doesn't look like any money was expended in 2022 and 2023. Mr. Antillon responded quite a bit was done in 2023. Mr. Sullivan said most of the facilities work has been done out of the bond proceeds; there is a list of those projects. Councilmember Paine appreciated that this assessment helps prioritize the work, a never ending list of work similar to what many have in their own homes. She recalled during the retreat, the need for an emergency operations center was highlighted. When she hears that city hall needs an electrical system upgrade, she assumed that would be basement level replacement cost in terms of what is needed. Mr. Granger answered the cost in this assessment represents the floor. Councilmember Paine said she was not surprised that Frances Anderson Center needs polishing up, it is historic, well loved by the community, and abundantly used. She asked if facilities in the report such as the Boys & Girls Club would be removed from the list when/if it they are totally refurbished. Mr. Granger answered yes. Councilmember Paine said she looked forward to reviewing the report, recalling the previous report included facilities rated as poor -critical (red) and there are none now which means progress is being made. She thanked Mr. Sullivan and his team for their work. Mr. Antillon advised the third quarter report includes a list of projects that facilities worked on last year; the fourth quarter report will be available soon. Councilmember Eck commented this has been very enlightening and helpful; it takes away any subjectivity by a reader. She asked if the facilities need to be assessed through the lens of emergency management, who usually occupies buildings, does the building need to be occupied in the event of an emergency, etc. Mr. Granger answered the criticality rating includes accessing qualitative favors. For the City those include occupant impact and operational impact. That criticality rating allows weighting one asset versus another and how it is important. McKinstry has also provided staff a tool to allow them to run scenarios to focus on critical assets. Mr. Antillon said from the emergency management point of view, the condition of facilities is considered including life and safety requirements. None of the City's facilities are used as gathering places in an emergency; currently the newer facilities, Public Safety building and Public Works, are used for emergency operations center. Councilmember Tibbott commented the last discussion was a great segway into his comment, weighing what projects need to be done before others. In light of the City's financial situation, it might be feasible to begin thinking about facilities the City does not use. For example, perhaps the Frances Anderson Center might need to be closed. He asked who would make those decisions so the City could prioritize fixing city hall or keeping critical facilities open like fire stations. Another consideration is whether a portion of Frances Anderson Center could be closed and a portion kept open, and what programs would be eliminated if the City was not able to use that facility. He asked who answers those questions and how does it come to council. Mr. Granger answered that is often a partnership with an architect or an owners rep. He recommended an adequacy study with regard to how building are being used and operated. Mr. Williamson responded part of McKinstry's job is to provide objective data and they try to keep their agenda out of that and provide just the information to make smart decisions. In order to give good advice regarding what to do, they would need to know more about constraints and objectives. That was intentionally not part of the scope of this study because the intent was to start with data. Councilmember Tibbott's question is related to the next step. He agreed there are definitely some constraints; Frances Anderson Center is a historic building which may prevent the City from closing it. Knowing which assets contribute to crucial areas of the building, which areas can run to fail in a reasonable fashion, etc. will be important. He explained run to fail is often thought of as a bad term, but it can be a great strategy because it if fails, the City can be responsive rather than proactive as an effective strategy. He summarized the intent was to provide data to inform the council's decision making; the next step will be how to support the City's vision moving forward. Edmonds City Council Draft Minutes February 27, 2024 Page 9 Packet Pg. 419 8.13.a In response to Councilmember Tibbott's question, Councilmember Nand said there is an ongoing discussion about what to do with the City's public assets including buildings; ideas include selling and/or reaching out to regional, federal, state, county partners who are seeking to provide direct services and potentially using under underutilized spaces in the City. There is more interest from the state in providing direct services. Councilmember Nand explained the City is in a financial strained budget cycle so having hard, data driven numbers regarding fulfilling the fiduciary duty of care to the City and constituents is very important. The budget retreat included discussion about emergency operating centers and potential insurance exposure and only being reimbursed 70% if something catastrophic happened City buildings which was troubling for the council to hear. Her second question was related to resiliency of buildings and asked if that accounted for stormwater, noting flooding is becoming more of an issue. She asked what maintenance issues there were related to that. Mr. Antillon answered that question will be appropriate when the stormwater comprehensive plan is presented. Councilmember Nand was glad McKinstry raised the issue of soft costs and staffing issues. When the City has derelict, old buildings and staff and contractors/subcontractors get injured, there is Workmen's Comp, costs the City has to account for. She thanked McKinstry for the incredible amount of information they were able to include in a relatively slim scope of work. With regard to Councilmember Tibbott's question, Mr. Antillon advised it is always a budget decision. There are tradeoffs when deciding whether to continue operating a facility during improvements, using swing space, etc. That is determined via the use of a planning team that includes architects, project managers, etc. Sometimes it is more expensive and sometimes the City does not have the luxury of shutting down operations which requires paying for afterhours work. Council President Olson referred to the ADA upgrades to the Public Safety building which makes it more accessible for residents, assuring that others noticed and appreciated the upgrades. She asked how the assessment is used as a budgeting tool. She did a quick calculation regarding how much would be done annually plus deferred maintenance and came up with $2.5 million, but that seems to barely chips away at the big numbers in the graph of $8-10 million in the first 3 years. She asked how the City goes from $2.5 million/year to $10 million in 3 years. Mr. Granger answered by eliminating assets deemed noncritical and subject to a run to fail mentality. Every asset will have its own maintenance and capital replacement strategy. The tool set in the data gives the staff team the ability to find the right scenario for Edmonds. There are also assets whose expected end of life can be extended via investments in preventative maintenance. There are instances where the expected manufacturer and observed life expectancy seen in the field and in the report can be extended for 2-4 years if routine maintenance is performed on that asset. Council President Olson referred to Mr. Granger's comment that they would also be looking for things the City does not need to hold onto. Mr. Granger said he was referring to individual facility assets, so facility assets versus facilities themselves. For example a system that is rated low in criticality and has a low impact such as a unit that provides ventilation in a storage closet; it's nice the storage closet is ventilated, but if that unit fails, operations continue. It may not be replaced at the moment it is expected to fail or is it a candidate for run to fail. There are hundreds of those pieces of equipment in the City's portfolio for which maintenance and replacement could be delayed to the very last moment. Council President Olson asked about the cost of doing this assessment. Mr. Granger answered the initial assessment was the big investment of time and effort; updating the assessment includes adding new assets, considering existing assets in the inventory, etc. The original assessment in 2018 was $30,000-$40,000; this effort was approximately $15,000. They typically recommend that owners with large portfolios of asset do an update every 4-5 years to keep the data relevant and account for changes in how the buildings have been operated. For example, over the last three years, the City's assets have been operated differently than Edmonds City Council Draft Minutes February 27, 2024 Page 10 Packet Pg. 420 8.13.a they were pre-Covid, especially HVAC assets had different run times and different uses such as bringing in outside air which affects the overall condition age of the asset. Council President Olson asked if the information in the studies was most valid and important for the council as decision makers in the context of the budget. Mr. Granger agreed it was. Council President Olson asked when the FCA update was completed. Mr. Granger answered April 2023. Council President Olson stated for the public record that the former mayor forbade staff from sharing this information with council and council did not have it for the last budget cycle. Councilmember Chen said, similarly to what Councilmember Tibbott mentioned, it is a good idea to rank the importance of City's facilities. Obviously the fire stations, police station, sewer treatment plant must exist and be maintained; that level of importance is different compared to the Meadowdale Clubhouse for example. Given the City's budget, if a facility ranking determines the City doesn't really need a building, consideration could be given to a long term lease if the City wants to hold onto the asset and partnering with a nonprofit. Mr. Sullivan commented a couple of the facilities that council brought up are predominantly used by parks & recreation programs. The equitable nature of the use of those building for the community is hugely important. The City's largest community center has a lot of deferred maintenance, but the value to it brings to the community is very important such as the school, daycare, rec programing, etc. Meadowdale Clubhouse provides equitable rental space and a preschool. He emphasized the equity that parks brings to the community for those who maybe have less. Councilmember Chen commented the City has idle spaces in its facilities, but rents space on 76t1i for parks maintenance. Councilmember Paine referred to the cost of services in the contract that include the base scope: City of Edmonds — 2022 FCA Update and Targeted ADA Assessment and REVEAL Capital Planning Dashboard (includes setup + 5 years of access) and asked if the capital planning dashboard is in use. Mr. Granger said that is the tool he referenced that allows staff to run different scenarios; McKinstry needs to provide training for Mr. Sullivan and his team. The dashboard allows Edmonds staff to send McKinstry updates when assets are replaced or updated so that McKinstry's data can be refreshed. The dashboard is a way for the data to stay relevant year over year instead of becoming stagnant. Councilmember Paine recognized there are only four maintenance staff. Mr. Sullivan said staff has had this information since April 2023; not being able to talk with council about it until now has slowed progress on capital planning. Councilmember Nand commented while the council has had policy discussions regarding maintaining or closing facilities, there are no immediate plans to close anything or restructure the parks department because closing those assets would require laying off a significant number of FTEs and some programs are revenue generating or self-sustaining. These are large equity and service decisions that the council would make long term. This study by McKinstry is providing data so the council can make decisions during the budget season. She did not want the public to be alarmed and think the City was planning to shut down the Frances Anderson Center. Councilmember Dotsch thanked the amazing City team for keeping the City going, recognizing the facilities and equipment are old and they likely have amazing MacGyver skills to fix things. She liked the idea of prioritizing, recognizing that will be important moving forward with regard to occupant and operational impact. She asked if the amounts in the report are 2022 or 2023 dollars. Mr. Granger referred to the 15-year CapEX slide, explaining those are based on a 3% annual escalation, but the tool allows different escalation rates. Councilmember Dotsch asked when the assessment of the library post flooding would be done. Mr. Sullivan answered there has been no discussion about assessing the building post remodel. The newness is still wearing off; there is often a high failure rate at the start. He suggested assessing it sometime within the first Edmonds City Council Draft Minutes February 27, 2024 Page 11 Packet Pg. 421 8.13.a year. Some of the large needs in the building that aren't library specific are included in the CIP such as the plaza deck and the building envelope. Councilmember Dotsch asked how many of the City's buildings are historic. Mr. Sullivan believed only the Frances Anderson Center and the old Carnegie library/museum are on the historic registry. He was uncertain if the log cabin was. 3. UPDATE ON 2024 TRANSPORTATION PLAN, INCLUDING MULTIMODAL LEVEL OF SERVICE (MMLOS) Transportation Engineer Bertrand Hauss introduced Chris Comeau and Patrick Lynch, Transpo Group. Mr. Hauss reviewed: • Key Plan Updates o What's Going to be Different from the Existing Element? ■ Last Plan updated in 2015 ■ Planning Horizon year from 2023 to 2044 ■ Incorporate updated subarea plans ■ Updated long-term project list and costs (for all modes) ■ Financial strategies to identify how the high priority projects can be implemented ■ Multimodal Level of Service (MMLOS) — previously based on vehicular level of service • Planning Process o Major Steps to Updating the Transportation Element ■ Evaluate existing transportation systems conditions and issues ■ Prepare travel forecasts and evaluate needs ■ Define/update multimodal improvement projects ■ Update transportation policies ■ Documentation and quality control • Project Schedule 2023 2024 City Council Meeting ^yr Transportation Committee / Online Open Houses / Public Meeting Meeting — 3/7, 7/18, September TBD * Planning Board Meeting Chris Comeau, Transpo Group, reviewed: • Multimodal LOS (MMLOS) o GMA & RCW Amendments to Transportation Requirements o GMA Transportation Concurrency Requirements o LOS Outcomes, Trade -Offs, and Balance of Modes • Land use and Transportation o Transportation is the implementation of the land use vision Edmonds City Council Draft Minutes February 27, 2024 Page 12 Packet Pg. 422 8.13.a �I Alternative • �J Focused Growth Neighborhood Residential a.w.lnq ems c.nw•.n..i nnedpi—"..m an..tlonYd. -R .t.c.. .n" ." rW 1— .rd .p.W—ft t •Neighborhood Comet 1 M. i,. --d S .ommw(w'.Sk.. on q.ounO Boa nswd bcMwn. (Intl. Bonus w Neighborhood Hub N-ght) •-�Z. n.Ms a eorww .wn �.w 2-3 STorlos �•� e.... 1 r+�••• Medical District Expansion 46 Stories (Ind. Son.. t I Ne�ghtl p 15 Minute Neighborhoods r. �Oa. M.. tly. :!`bW M 6om .rq p6.e In er rrp�lorrm0. i r +..w.. � • i 1 H.r+..r « ______________________ ■t assrs".mrw i .. r.r.. `nr... `1 ........ What is Transportation Concurrency o Growth management requires multimodal transportation systems to be adequate to serve planned growth. Transportation concurrency links land use plans with multimodal transportation and capital improvement plans, providing a tool for effectively managing and balancing community growth Edmonds Existing LOS Standards o In the past two methods have been used from a roadway standpoint. Arterial street throughput counts cars and intersection seconds of delay per vehicle. ■ Measurements typically taken at highest demand period of the day, between 4-6 pm. Arterial Street Intersection Throughput Seconds of Delay per Vehicle o LOS C ■ All intersections on City collector streets o LOS D ■ Signalized intersections on City arterial streets ■ Intersections on Highways of Statewide Significance (HSS)* within Edmonds, including: - SR 104 - SR 99 south of SR 104 * Not subject to Edmonds LOS or Transportation Concurrency ordinance, but City required to identify HSS intersections not meeting WSDOT LOS D standard o LOS E ■ Intersections on Highways of Regional Significance (HRS) within Edmonds, including: - SR 99 north of SR 104 - SR 524 • Edmonds Vehicular LOS Standards Edmonds City Council Draft Minutes February 27, 2024 Page 13 Packet Pg. 423 8.13.a 0 2023 = Only 1 intersection not meeting ;-- City LOS D standard •" ` ■ SR 104 (Edmonds Way)/238th St �� a o Stop sign control on side streets "o o Low volume side streets experience delay to accommodate higher volume SR 104 traffic flow . o - o LOS F operation for worst movement only _ o (left turns) during PM peak hour p� V 0 O • O 0 3 pO p' O �i+ e - n O -- O • Traditional Highway Capacity Manual Vehicular LOS Standards o Issues with vehicular LOS ■ Counts Cars, Not People ■ Vehicle Thru put/Intersection Delay = Measures of Driver Inconvenience ■ Demand exceeds supply during narrow PM Peak Hour; Does not equal "Failure" ■ Major funding decisions using public tax dollars that will last for decades ■ Auto -centric LOS standards require auto- centric "capacity" (widening) mitigation ■ Contributes to urban sprawl and even more traffic congestion RM. Peak Traffic Volumes (The Local Evening Rush Hour) ,.o ,b a 'p s „o I­ ?0 g so S0 w i ,o ,0 0 • Complete Streets: Who Are We Planning For? ' Pedestrians Bicycles r: Public Transit Commercial/Freight -0 High Occupancy Vehicle Single Occupancy Vehicle BALANCE ALL mobility needs for ALL modes must be carefully considered, BALANCED, and implemented for the MULTIMODAL transportation system to provide space and safety for EVERYONE. Patrick Lynch, Transpo Group, reviewed: • Existing Transit Network o Existing (2024) fixed -route transit network (operated by Community Transit) Edmonds City Council Draft Minutes February 27, 2024 Page 14 Packet Pg. 424 9 0 Includes bus stops and'/4 mile buffers ■ Typical walksheds New Route 102 (from Edmonds to Lynnwood TC opens March 20 2024 (retiring Route 116) Sounder and Amtrack at Edmonds Station (downtown) LEGEND W 0 O Work Completed or in Process ✓ Traffic Calming Program Revisions — Summer 2023 ■ Administrative Request ■ Criteria updated; scoring revised ✓ Transportation Goal & Policy Audit ■ Evaluate 2015 goals & policies for compliance with GMA & PSRC ■ Strength test to maximize PSRC certification of 2024 Edmonds TE ✓ Existing Conditions Update ■ Update inventory of existing transportation conditions ✓ Monthly meetings with Transportation Advisory Committee ■ Information/Education on transportation issues/topics ■ Community input and interaction ■ Recommendations and guidance In Process or Upcoming Work ➢ Evaluating Pedestrian, Bicycle, Trail, & Transit Networks ■ Confirm primary & secondary pedestrian, bicycle, & transit routes ■ Identify gaps & improvement needs on each modal network ■ Consider prioritization factors (Centers, destinations, volumes, safety) ❑ Prepare Long-range Travel Forecasts ■ Based on updated Travel Demand Model ■ MMLOS = Mobility for people, not just vehicles ❑ Evaluate Future Transportation System ■ Refine MMLOS standards: Existing vs. Desired Multimodal Networks ■ Identify improvement project needs, costs, and priorities ❑ Financial Strategies to Maintain MMLOS Standards ■ Project list translates to cost of development & City implementation strategy ■ Refine LOS standards, if needed Edmonds City Council Draft Minutes February 27, 2024 Page 15 Packet Pg. 425 8.13.a Councilmember Nand referred to soft costs associated with trying to change behavior such as getting people out of their cars and utilizing public transportation, pedestrian and non -motorized options, commenting there is a big challenge in the region related to public safety and public cleanliness that is a barrier to people feeling safe. The City funds public safety from its own budget, but she assumed a lot of money would come from the federal and state government. She asked if there was any way to address that support; Edmonds wants to build all these great things such as Complete Streets and want people to feel safe using them, and letting their kids and grandparents use them. She asked if that was a criteria in any of the grants. Mr. Comeau said he was not aware of anything that addressed soft costs associated with education, encouragement and enforcement. Councilmember Nand said she has lived in other cities where people who earn six figure incomes and people who earn minimum wage ride the train together to work to the downtown core because it is safe and clean so people of all income levels feel safe utilizing it. That hasn't been the anecdotal feedback she has gotten on a lot of regional public transportation options and on a lot of nonmotorized transportation options people don't necessarily feel safe letting their kids ride their bikes to school. Mr. Comeau responded that is common from a perception standpoint. The transit agencies are doing a fantastic job and have a very tough job. He did not know how to address that from a local agency standpoint. With regard to price point, that is when people start paying attention to the cost and inconvenience of finding and paying for a parking space downtown which drives some mode choice behavior. Other than that, he was unsure how to get people to think of transit as hip and cool. There are a lot of things that can be done to encourage that including getting more people living in higher density so they can walk, bike and take short bus rides instead of getting in a car, driving and hassling with finding parking. In terms of grants, he was not aware of any. Councilmember Nand recognized the money will go toward construction and engineering costs and then public agencies have to maintain public safety and public cleanliness so people utilize the resources. That is the challenge. Mr. Comeau explained the Washington Traffic Safety Commission has some grant related to school zones and public perception about different modes. School districts have a big role to play in terms of getting parents to think it's safe for their kids to walk and bike to school. Things like starting a crossing guard program is very high profile and makes people feel safer about walking and biking to school. Mr. Hauss advised the Safe Route to Schools grant program for sidewalks or bike facility includes allocation of education funding. That was used to create an education program in the school district to help kids feel safe riding bicycles as well as walking to school. For example a $1 million project included $100,000 for education. Councilmember Eck commented while a lot of this is required by the GMA, it is great for the community and will increase quality of life. She asked whether wheelchairs are in the pedestrian category. Mr. Lynch answered they would be in the pedestrian network. This plan does not necessarily looking at ADA accessibility exclusively. The City has an ADA Transition Plan that will be referenced in the transportation plan. The plan does not necessarily identify barriers to accessibility. Councilmember Paine, a member of the transportation advisory committee, said MMLOS is required by the GMA. It is exciting to see this married with land use and she appreciated the approach of ensuring appropriate levels of service for all users in more dense areas. She was interested to see the funding opportunity that are available by having a MMLOS. She anticipated it would help reach climate action goals as well as getting people out of vehicles and walking to a bus stop or to local commercial districts. Adding more density and having the transportation infrastructure in tandem will help the community navigate. She realized not all the transportation could be built out first or homeowners left bereft without transportation infrastructure. Councilmember Dotsch recalled one of her questions at the PPW Committee, having grown up in Edmonds, Edmonds is a dead-end with only a few high capacity routes in and out. She wanted to ensure this plan was local and not using a template from another city. The aspirations are great, but right now there are a lot of Edmonds City Council Draft Minutes February 27, 2024 Page 16 Packet Pg. 426 8.13.a annexed areas that are semi -rural with no sidewalks or buses and for many areas, achieving MMLOS would require constructing a huge infrastructure. Her second concern was chicken and egg, land use versus transportation. There are only a few ways to go north -south in Edmonds because the City is narrow and long. If the intent is to cram this all into one road, it's not useful to move people, goods, cars and she worried drivers would then start using side streets in residential areas that do not have sidewalks. On paper it sounds good, but it will be a challenge to do in Edmonds. Councilmember Dotsch acknowledged the members of the transportation committee had already been selected. She referred to the graphic that illustrated subareas and recommended engaging local residents because they know best how they commute and get around. She commented on the huge differences in access and travel in various parts of Edmonds based on topography, etc. She did not see an effort to get input from the public or businesses and suggested adding more in -person opportunities, anticipating that would provide really good information. Mr. Comeau answered they have been working with land use consultants who have done a lot of engagement with the planning department. They are hearing a lot about how neighborhoods are connected and how people move around. To Councilmember Dotsch's point about keeping it local, there is no one right way to do this; they are sensitive to what Edmonds needs versus another community and want to get it right. Councilmember Chen commented this concept is great and as the City grows, more people are moving in. However, funding is key to accomplishing the projects. He recalled two years ago, the design of Highway 99 was changed to include bicycle lanes on both sides due to MMLOS. To have that citywide, funding will be the key. He remarked the City has a state transportation grant for Highway 99 and asked if there were other grants on the horizon that the City can apply for. Mr. Comeau answered their hope is when the Transportation Plan is done, the City will have a ready-made implementation program that can be used to pursue grants. The plan will identify projects that fit with certain grant funding programs and as they come up, staff can apply and get projects done. Councilmember Chen referred to a concept proposed last year, a greenbelt connection that would connect the whole city, commenting that is a great concept, but funding is unknown. He asked if that project is being looked at in the Transportation Plan. Mr. Comeau responded a project like the greenway loop would need to be done in phases over time. The City would pick the important section phase to pursue and it may be necessary to apply for multiple grants to fund a project depending on the cost. Doing a project like that in phases is absolutely doable over time; the City would need to be strategic, know when grant funding cycles are coming up and when the time is right to pursue a particular grant. Mr. Lynch commented as part of the MMLOS and updated Transportation Plan, the City's traffic impact fees will also be updated. The law now allows for pedestrian and bike improvements to be included in the impact fee program. In the past, parts of pedestrian and bike projects could be included, but now the whole project can be included which will help the City implement more multimodal level of service projects. With regard to grants, Mr. English explained with the infrastructure bill at the federal level, there are a lot of opportunities this year. One of the challenges the City of Edmonds has is the availability of a local match; each grant typically requires a 13 %2 -20%+ match. Therefore, the City has to be very strategic with regard to the grants that are applied for, knowing that the local match is a constrained part of the plan. Council President Olson recalled having a good conversation with Transpo during their previous presentation about the council's hopes and expectations and felt they were listening then and are listening now. With regarding to MMLOS, she knew everybody supports that 100% in concept, but as Councilmembers Dotsch and Chen said, the plan needs to be realistic. With regard to adequate for all, if it is super marginal for everybody versus minimally adequate for one in order to make it really useable for 1- 2 of the others, she hoped that was something where the balance tradeoff would be made. She encouraged Transpo representatives to watch/listen to the PPW Committee meeting last week, recalling Councilmember Dotsch brought up a lot of good points regarding areas with a lot of density and where more density may Edmonds City Council Draft Minutes February 27, 2024 Page 17 Packet Pg. 427 8.13.a be coming, such as the Edmonds bowl, where there only two ways out, Dayton and Main. On Main, the bulb -outs are quite large which may not be impactful in non -emergency situations, but if people were moving out from a tsunami, they might appreciate being able to be side by side. She was not proposing getting rid of the existing bulb -outs, but to think about that infrastructure in an emergency frame of mind as well as everyday use. The comment about impacts to neighborhoods when traffic on the main roads is not moving is another valid thought, the idea of what's good on paper versus what works in reality. She thanked Transpo and staff for their work and looked forward to the final plan. Councilmember Paine commented as part of their study, Transpo has asked for emails from neighborhoods who asked for traffic calming due to speeding which she will be forwarding. That will give Transpo direct information regarding areas where the public has identified a need for traffic calming. Councilmember Nand observed Mr. Hauss receives numerous emails about how to get sidewalks in a neighborhood. The City has been approached by community groups such as the Edmonds Bicycle Advocacy Groups asking about a pedestrian bridge to make the Interurban Trail more accessible. She encouraged the neighborhood associations, some new and some existing, to contact a councilmember or public works staff with their ideas about infrastructure and access and vision for the community. Mayor Rosen declared a brief recess. 4. AMD2023-0008 ADU CODE AMENDMENT ACCESSORY DWELLING UNIT CODE AMENDMENT TO ALLOW FOR DETACHED ACCESSORY DWELLING UNITS - "EXPANDING HOUSING OPTIONS BY EASING BARRIERS TO THE CONSTRUCTION AND USE OF ACCESSORY DWELLING UNITS IN ACCORDANCE WITH HB 1337." Mayor Rosen relayed council's intent tonight was be a presentation only; a significant amount of time has been dedicated for a work session on March 5. Planning & Development Director Susan McLaughlin explained ADUs provide affordable housing options in single family neighborhoods. The comprehensive plan update provides an opportunity to hone in on trends and data that highlight the importance of affordable housing options. Approximately 60% of the City's population is housed in single family units, taking up 85% of the land area containing residential units. With housing costs escalating and the majority of the space containing single family units, coupled with the aging population, a lot of seniors in particular, are finding it more challenging to stay in their homes on fixed incomes and age in place. Families are often priced out of the market without housing choices under the current average price of a moderate density unit - townhomes, duplexes, triplexes — which is $720,000. That amount highlights the challenges for families to get into the market, particularly first time homebuyers. In Edmonds, 45.6% of renter households are cost burdened (spending over 30% of their income spent on rent), 10% more than the regional average. In response to a public comment at the beginning of the meeting about public participation, Planner Rose Haas highlighted what has occurred to date. The public engagement process has included webinars and online engagement. The City's webpage, Edmondswa.gov/ADU was created in November and a press release issued. Thirty-two people attended an informational webinar held on November 30 for people interested in learning more about the code update and HB 1137, followed by a comment period from November 30 to December 31. In addition to another press release, the webpage was updated on February 7 which included a draft code, a new slideshow and FAQ with a new comment period in anticipation of the planning board's public hearing tomorrow. Ms. Haas continued, as of today at 7:30 pm, the City has received 66 written comments which will be presented to the planning board and will be available to the public. She displayed a flyer that has been sent out to stakeholders, posted in the City and advertised on the website. She summarized the public Edmonds City Council Draft Minutes February 27, 2024 Page 18 Packet Pg. 428 8.13.a participation has been successful. With regard to graphics showing multilevel units, that information is included in this presentation and will also be included in next week's slideshow. She remarked these are geometric schemas that do not necessarily represent real life. Ms. Haas reviewed: • Source: AARP Best Practices Big houses are being built, small houses are needed Do we really need more than three times as much living space per person as we did in 1950? Can we afford to buy or rent, heat, cool and care for such large homes? FACTi ADUs house more people per square foot of living area than single-family homes do. • What are ADUs? o An accessory dwelling unit is a small residence that shares a single-family lot with a primary dwelling. o An ADU is self-contained, with its own kitchen or kitchenette, bathroom and living/sleeping area. o An attached ADU is a dwelling unit located within or attached to another housing unit. o A detached ADU (DADU) is separate and unconnected to the other housing unit. o Types of ADUs What are the benefits of ADUs? o Support aging in place. o Provide additional financial support for homeowners. o Add value: Properties with an ADU are priced 35% higher. o Offer an efficient, low-cost way to build housing. o Meet diverse needs - suited well for young couples, small families, friends, young people, and seniors. o Allow multi -generational living. • What guidance did we use? YOUNG Y FAMILY It WORXSPA<E _ OR PETIREMFXT OPTI\ �%TPA INCOME PORTSUROR STUDI1!41 RECOEOIE EPAC[ HOME APARTMENT FOR ADULT CHILDREN Edmonds City Council Draft Minutes February 27, 2024 Page 19 Packet Pg. 429 8.13.a HOUSE BILL REPORT EHB 1337 (R�rIRR.r.n smi.im..N.�n.cntie. Rnrem R.N.4Tkmd[. �4u T6wig.r. HB 1337 MRSC Guide U1 IRIRIM n r Why DADUs in Edmonds today? o In 2021, the Citizens' Housing Commission stated the following policy recommendation for updating the ADU code to include DADUs: ■ "Allow either one attached or detached accessory unit on a property in the SFR area, with clear and definitive development requirements such as size, ownership, and parking, under the standard permitting process and not require a conditional use permit." o According to the 2021 American Community Survey, 21.5% of Edmonds' residents are over 65 years of age. o The most frequent over -the counter ADU question: ■ "Are DADUs allowed for `aging in place'?" • What does ECDC Currently Allow? The ABCs of ADUs •pbsb4c...wrt�rlA WbaNlwwpry . a&am raft"— �N will 16 ■ B BB l ■ I I I an Bill on -,rn _,rn ■ ■ THE EDMONDS CITIZENS' HOUSING COMMISSION WANTSTO HEAR FROM You. HARP Best Practices Citizens Housing Commission Survey Young professionals/ couple Grand parents t 1 f Youngfamfly J Teenager - ONHIM realer Permit needed YES - Conditional Use Permit - Type II decision. Type of Unit Attached ADU only. DADUs are not permitted. Number of Units May have only one accessory dwelling unit per lot. Size ✓ Must not exceed 40% of the livable floor area of the principal dwelling, up to a maximum of 800 square feet. ✓ No more than two bedrooms ✓ An exception allows increased size up to 50% of the floor area of the principal dwelling if the ADU is all on a single floor Design Architecturally match with the primary residence Entrance Side entrance that should be unobtrusive when viewed from the street Parking One off-street parking space in addition to the parking spaces normally required for the principal dwelling, but no less than threes aces per lot Occupancy Either the primary dwelling or the accessory dwelling unit must be owner - occupied • What will HB 1337 require? o Cities must ease barriers to the construction and use of accessory dwelling units. o Cities must allow ADUs as a secondary outright permitted use. o Legalizes two accessory dwelling units per lot and lifts numerous restrictions. Edmonds City Council Draft Minutes February 27, 2024 Page 20 Packet Pg. 430 o State legislation mandates that HB 1337 must be implemented no later than six months after the next Comprehensive Plan due date, or by July 1, 2025. Commerce language will supersede preempt, and invalidate any conflicting local development regulations if Edmonds does not adopt policy by June 30, 2025 ■ The requirements for the City of Edmonds will be as follows: - Allow two ADUs per lot (any configuration of ADU and DADU). - No owner -occupancy requirements. - Allow separate sale of ADUs. - No parking required within a half -mile of a major transit stop, as defined in RCW 36.70A.696(8). - Maximum size limitation no less than 1,000sf of gross floor area. Gross Floor Area is defined as the "interior habitable area of an accessory dwelling unit, including basements and attics but not including unconditioned space, such as a garage or non -habitable accessory structures." - Allow DADUs to be sited at a rear lot line when the lot line abuts a public alley. - No setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, or aesthetic requirements that are more restrictive than for the principal unit. - Allow ADUs of at least 24-feet in height. - Impact fees cannot be more than 50% of fees charged for the principal unit. What are Best Practices according to WA Dept of Commerce and AARP? o Allow all types of accessory units. o Require no additional parking spaces for ADUs. o Minimize permit and impact fees or waive them in specific situations. o Adopt flexible and simple regulatory requirements for setbacks, square footage, and design. o Allow prefabricated modular units. o Allow pre -approved units. o Owner occupancy not required. o Allow for rentals as well as sale as condominiums. • What the ECDC in y look like. Existing Code Proposed Code Update Permit needed Conditional Use Type rr deeision. Permitted secondary use*; Can be permitted in PRDs. -Permit Type of Unit Attached ADU only. DADUs and AADUs* Number of Units: May have only one accessory dwelling unit per lot. Allow two ADUs on all lots in any configuration.* Size o nnoi the livable floor- Most Max height 24'.* If rear lot line abuts a public alley, no rear setbacks are required.* In some instance, reduced rear setbacks. Depending on the zone, no more than 1,200 square feet gross floor area. not ee of area the dwelling, • p to of pr-ineipal a maximum a 900 square feet. N more than two L.o.l,-,.oms. if the ADU T is all o a single floor, a , r be r^.. the ADU T , t be exeeption made e to cnoi the floor- the iner-eased up of area of pr-ineipal dwelling. Design tees the No design restrictions.* r-ch ally matehA,ith pfimafy fesidenee Parking One off street parking space in addition to the parking spaces normally required for the principal dwelling, but no less than three spaces per lot. No additional parking required for ADUs Edmonds City Council Draft Minutes February 27, 2024 Page 21 Packet Pg. 431 Occupancy Owner not required to reside in dwelling „„it mast be eeoa one of the units.* *Required by 1337 City of Edmonds Code Update: Planning board discussion o Based on the discussions with Planning Board on January loth and January 24th, City staff is making the following updated recommendations: ■ Rear setback reductions on small parcels (10-feet) ■ Setback reduction incentives on small parcels if property owners limit height of ADU to 15' to preserve privacy, views, and character of existing neighborhoods (RS-6, RS-8). ■ Eliminating additional ADU parking requirements: - Decreases building costs; - Maximizes ADU usage on smaller lots; - Eliminates additional EV parking requirements. *Required by 1337 City of Edmonds Code Update: Ideas we are exploring o Development Standards - Height Restrictions and Decreased Setbacks: ■ Lot coverage will remain at 35% for all Single-family zones. ■ Limiting height to no less than 24 feet.* ■ No setbacks for ADUs that abut a public alley* - Primarily impacts parcels in RS-6 zones. ■ Decreasing rear setback requirements to allow for more flexibility on smaller lots (RS-6 and RS-8). - Allowing a minimum 10-foot rear setback on DADUs on small lots - Allowing a minimum 5-foot rear setback for ADUs on small lots that limit ADU height to 15-feet. *Required by 1337 o Development Standards - Gross Floor Area: ■ Limiting ADUs to 1,000 sf of gross floor area on small lots (RS-6 and RS-8). ■ Allowing ADUs to have up to 1,200 sf of gross floor area on one or two floors on large lots (RS-10, RS-12, RS-20) ■ Remember: - Gross floor area is defined as the "interior habitable area of an accessory dwelling unit, not including unconditioned space." - Habitable space can be divided by two floors limited at 24-feet in height. o Development Standards - Parking Requirements: ■ No additional parking required for ADUs - 2 parking spaces are currently required for all single-family homes. - Current regulations allow ADU parking to be tandem or within the existing driveway. - High cost of providing additional parking may limit some homeowners' ability to create additional housing. - Many lots do not have the capacity for a 3rd parking space. ■ Since 2021, no additional parking has been required for ADUs within'/4 mile of a major transit stop Distance to Transit Stop for RS Parcels Edmonds City Council Draft Minutes February 27, 2024 Page 22 Packet Pg. 432 8.13.a Legend Bus Ro l_ _ Eignln M1Iil,le _ Quarter Mile i Hell Mile r _ Half Mile from NIIIIr Transit o Development Standards — Putting it all together: C. T, We of ADU development standards. Su6m�c[ AAaamumAQSl G-18— Area IS,. Rl Efoimum ADU R— Setback's Madtnum ADU Heigh: Minimum parking Spaces RS-12 1200 25' a A RS-10 1200 20' 24' 0 RS-8 1000 10, 24' 0 RS-6 1200 1al 24' 0 7 No rear setbacks are required for detached accessory dwelling units from the rear lot line if that lot line abuts a public alley, regardless of detached accessory dwelling unit size. 2 Standard street and side setbacks per ECDC 16.20.030 apply. 3 The normally required rear setback may be reduced to a minimum of five feet for a detached accessory dwelling unit 15 in height or less. ■ Example: 1-story ADU (single story incentive) M ■ Example: 2-story ADU (no incentives) Edmonds City Council Draft Minutes February 27, 2024 Page 23 Packet Pg. 433 8.13.a 2-Story ADU (no incentives) _ RS-6 and RS-8 1,WD If. maa. (per HB1337) 10' From rear property line 24' Height limit (per H61337) 35%Lot coverage limit (eaisting code) - On alleyway, 0' rear setback (per HB1337) All others (RS-10, RS-12, RS-20, etc...) 1,2DD If. maa. (best practices) - Maintain eaisting setbacks - 35%Lot coverage limit (eaisting code) ■ Lots with 2 ADUs • Under Discussion: Critical Areas o EHB 1337 — Section 4 16 (4) The provisions of this section do not apply to lots 17 designated with critical areas or their buffers as designated in RCW 18 36.70A.O60, or to a watershed serving a reservoir for potable water 19 if that watershed is or was listed, as of the effective date of this 20 section, as impaired or threatened under section 303(d) of the 21 federal clean water act (33 U.S.C. Sec. 1313(d)). o Planning Division recommends ■ Allow ADUs on lots that contain critical areas or their associated buffers so long as they can meet protection standards in ECDC Title 23 (Natural Resources). • Under Discussion: Impact Fees o ECC Chapter 3.36 3. For the purposes of this chapter, development activity shall not include alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed. Note: accessory dwelling units (ADUs) are not considered to create additional dwelling units because ECDC 20.21.020 does not consider ADUs as increasing the overall density of a single-family residential neighborhood. o Planning Division recommends ■ Count ADUs toward density requirements, consistent with 2024 Comprehensive Plan Update and GMA requirements.* Edmonds City Council Draft Minutes February 27, 2024 Page 24 Packet Pg. 434 ■ Reduce impact fees to promote ADU development *Pending internal discussion and review by the city attorney Under Discussion: Utilities o Water meters, sewer connections, and utility undergrounding can add costs to ADU development. The Planning Division is working with Public Works and Olympic View Water and Sewer District (OVWSD) to update regulations. o Planning Division Recommendations: ■ Reduce costs for homeowners as much as possible. ■ Collaborate with the Public Works Department, Utility Billing, South County Fire, and OVWSD to ensure that all requirements are met. o Engineering Division Recommendations: ■ New and extended utilities must be undergrounded. ■ All units must have unrestricted access to utility control systems. ■ Only one water service and meter allowed per parcel. ■ Only one sewer lateral is allowed per parcel. ■ Upsizing or replacement of existing service lines/laterals may be required. We want your feedback! o Let us know your thoughts about the proposed ADU code updates: ■ Visit edmondswa.gov/ADU and use the comment box to ask a question or submit feedback. ■ Attend the Planning Board Public Hearing on February 28th at City Hall at 7pm. ■ Email Planning@edmondswa.gov to ask a question, make a comment, or join our mailing list. • Schedule 3 l Schedule 1W 1 )Nov 14th1 ) Dec lath )an loth I )an 24th I Feb 27th I I Feb 28th I I March 5th i M Councilmember Dotsch commented HB 1110 is a duplex bill for most single family zones, but HB 1337 is basically a triplex bill and she wondered how those relate. She read a Department of Commerce Fact Sheet for Implementing E2SHB 1110, "Given that all cities must allow two accessory dwelling units per lot under HB 1337, how does this harmonize with E2SHB 1110 middle housing? A city must allow accessory dwelling units and such units may help achieve unit count and the city also must allow middle housing types such as duplex that can satisfy the minimum density i.e. unit count per lot. For example, where a city must allow two or four units per lot, it does not have to increase the unit count to also accommodate two ADUs. A city may choose to allow such a higher count, but is not required to do so." Councilmember Dotsch said there is a scenario they show with the number of units per lot, the new way they do it versus acres, if it is counted toward the unit count of HB 1110, two units per lot, one could be the ADU or DADU, and the other way is if it is not counted toward the two units per lot. She wanted to be sure consideration was being given to the full picture with both state laws and what the City's options are. Ms. McLaughlin responded there were originally a couple slides regarding that in the presentation, but due to the complexity, it was better to provide those as part of the discussion on March 5. Edmonds City Council Draft Minutes February 27, 2024 Page 25 Packet Pg. 435 8.13.a Councilmember Chen referred to limiting height to no less than 24 feet. He asked if that was correct. Ms. Haas answered that is how the house bill is written and it has caused a lot of confusion. She explained that means the City cannot have a height restriction of less than 24 feet. Currently the maximum height for an accessory structure is 15 feet; 24 feet is staff s recommendation for the maximum height. Councilmember Chen asked if 24 feet was the maximum or the minimum. Ms. Haas answered 24 feet is staffs recommendation for the maximum which is also the minimum required by Department of Commerce. Councilmember Chen observed the City could allow higher than 24 feet. Ms. McLaughlin clarified the City could not require a height less than 24 feet. Councilmember Nand said she has absolutely no problem with not requiring owner occupancy and she has no hostility toward people who may want to build an ADU and Airbnb it to offset cost of living expenses. She suggested the City explore imposing additional fees on Airbnbs such as the City of Seattle has done to address the fact that Airbnbs displace a lot of affordable housing for long term residents. With regard to reducing impact fees to promote ADU development, she suggested if someone intended to use it for long term occupancy, the impact fee could be discounted, versus a penalty for people who want to use it for Airbnb to offset living costs. Ms. McLaughlin answered the issue of short term rentals needs to be addressed in the comprehensive plan, determine what is trending, whether it is an issue, define the threshold, etc. With regard to Councilmember Nand's recommendation regarding ADUs, she was concerned about enforcement; if someone received a discount, how the use would be monitored. Councilmember Nand said rigorous enforcement may not be needed, it could just be an idea proposed to property owners; if they were willing to dedicate the ADU to long term residency versus short term rental, the City could reduce their impact fee, but not knock on their door annually to ensure they were not using it as an Airbnb rental. Mayor Rosen suggested adding that as a discussion topic for the March 5 study session. Ms. Haas agreed that would be a good topic of discussion. She has read an RCW that pairs reduction of impact fees for long term housing. ���4010l Lei I ILO I M V W Councilmember Nand relayed Police Chief Bennett will be joining her in SeaTac in two days to meet with the parents of Abdikadir Gedi Shariif and his family members. Federal Way Councilmember Lydia Assefa- Dawson and Ahmed Mumin, executive director of the ride share driver association will also join them. She commended the Edmonds Police Department for their wonderful community outreach and support to the Shariif family during its investigation into this tragedy. Councilmember Paine advised the transportation committee's online discussion will be on March 7. With regard to the discussion about the facilities condition assessment, there has been no public discussion or consideration related to closing the Frances Anderson Center or other public amenities that serve the community. The council will have chance to address fiscal budget concerns this year and next year and she hoped there would not be any loss of use of the bigger facilities in Edmonds. Councilmember Dotsch commented there was a lot to digest at tonight's meeting. First, the presentation regarding finances which should be front of mind. She encouraged the public to participate in the comprehensive plan update related to transportation, housing, ADU/DADUs; there is a public hearing at the planning board tomorrow at 7 pm. As next week's council meeting is a study session, it was her understanding there is no opportunity for public comment and she encouraged the public to email their comments to council. Council President Olson announced the council is having a work session on ADU/DADU on March 5. She requested council submit questions to staff in advance of that meeting so staff can come prepared with answers and the conversation can be efficient and productive. She reiterated the planning board's public Edmonds City Council Draft Minutes February 27, 2024 Page 26 Packet Pg. 436 hearing is tomorrow at 7 pm in the Brackett Room at city hall and virtually. The earlier that feedback is provided the better. For those who were not at the council's special meeting at 6 pm to meet Kiwa Tashiro, Council President Olson said it was a good reminder of how amazing the City's residents are. Ms. Tashiro was a journalist/reporter with Kyodo News in Japan for several years and is now a grad student at UW's Jackson School of International Studies and is interested in volunteering in the city where she lives. She relayed her appreciation for Ms. Tashiro's willingness to volunteer and for everything all the volunteers in Edmonds do. Councilmember Chen reported he attended a Port of Edmonds Commission meeting yesterday and walking there he smelled the fresh paint in their new building which is a very nice facility. The Port Commission is sending commissioners to Washington D.C. to speak with Senator Cantwell and Congressman Larsen about funding for the Port, a creative idea that sets a good example for other entities to follow. Councilmember Eck said as she reflects on the hard and direct conversations the council is having and will continue to have the rest of the year on topics such as budget, preserving environment, dealing with infrastructure needs, supporting community members in need, planning more housing options, etc., it will entail everyone working together, being open, listening to each other, patience, and keeping empathy and creativity in the forefront. She appreciated that behavior among councilmembers on the dais and was sure the council could continue to model that moving forward. It will take everyone in the community working together. Mayor Rosen said he would welcome the opportunity to ask for money and support from the delegation in Washington D.C. He did visit Olympia and had conversations with Senator Liias, Representatives Peterson, Ortiz -Self and Ryu with exactly that intent. He recently met with other regional and community partners in search of synergistic opportunities. Mayor Rosen commented once every 4 years on February 29, people born on that day get to celebrate their birthday. He wished a Happy Birthday to those celebrating their birthday on February 29. ADJOURNMENT With no further business, the Council meeting was adjourned at 9:56 pm. Edmonds City Council Draft Minutes February 27, 2024 Page 27 Packet Pg. 437 8.14 City Council Agenda Item Meeting Date: 03/19/2024 Parks and Public Works Committee Meeting Proposed Time Change Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History Council Committee meetings are detailed in ECC 1.04.010 B - Regular Public Meeting Times and currently specify the Parks and Public Works Committee meeting from 7:30 p.m. to 9:30 p.m. A change to the start time requires a modification to this code. This item was on the PPW committee agenda on March 12, 2024 and forwarded by the committee to a future consent agenda. Recommendation Adopt the proposed ordinance and code change to ECC 1.03.0106. Narrative The PPW Committee supports topics from Parks and Recreation departments, as well as Public Works including Engineering, Facilities, Water and Sewer and Stormwater, and Wastewater Treatment. PPW committee meetings are attended and viewed virtually, and do not include public/audience comment. Recordings of committee meetings are posted online. The proposed meeting time change is from the current 7:30-9:30 pm to an earlier 1:30 - 3:30 pm. This meeting time is amenable to the current councilmembers of the committee and the city staff participants. It will be appropriate for the meeting start time to be reviewed each January when committee council assignments are made, and adjusted (by code) as needed. Attachments: 2024-03-04 ordinance re council committee meeting times v2 Packet Pg. 438 8.14.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CHANGING THE REGULAR MEETING TIME OF THE CITY COUNCIL'S PARKS AND PUBLIC WORKS ("PPW") COMMITTEE WHEREAS, the city council has the power to organize and regulate its internal affairs under RCW 35A.11.020; and WHEREAS, the city council has determined that regular meeting time of the parks and public works ("PPW") committee should occur at 1:30 pm instead of 7:30 pm on the second Tuesday of each month; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Subsection B of section 1.04.010 of the Edmonds City Code, entitled "Regular public meeting time and days," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike thr-o g ): B. Council Committees. The city council shall have the following standing committees: finance; parks and public works ("PPW"); public safety, planning, human services, and personnel ("PSPHSP"). Regular meetings of the city council standing committees shall be held on the second Tuesday of every month. Councilmembers and staff may attend all committee meetings virtually. Members of the public may view the meeting virtually from their own device or from a monitor provided by the city in the city council conference room, 121 5th Avenue North, Edmonds WA 98020. The respective regular committee meeting times shall be as follows: (1) PSPHSP shall commence at 3:30 p.m. and end at 5:30 p.m.; (2) finance shall commence at 5:30 p.m. and end at 7:30 p.m.; and (3) PPW shall commence at 1:30 70 p.m. and end at 3:30 940 p.m. Recordings of city council standing committee meetings shall be made and posted online. Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Packet Pg. 439 8.14.a Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: IM JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 440 8.14.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2024, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CHANGING THE REGULAR MEETING TIME OF THE CITY COUNCIL' S PARKS AND PUBLIC WORKS ("PPW") COMMITTEE The full text of this Ordinance will be mailed upon request. DATED this day of , 2024. CITY CLERK, SCOTT PASSEY 3 Packet Pg. 441 8.15 City Council Agenda Item Meeting Date: 03/19/2024 Amending ECC 5.04.010 -Removing RCW 66.44.291 and RCW 66.44.320. Staff Lead: Commander Shane Hawley Department: Police Services Preparer: Alexandra Ehlert Background/History This ECC amendment removes two RCW's from ECC 5.04.010 (Liquor Control Section). Both RCW's are no longer state law as they were stricken. All the other RCW's in ECC 5.04.010 are still valid. This amendment removes the following RCW's: RCW 66.44.291 Minor Purchasing Liquor RCW 66.44.320 Sale of Liquor to minors Staff Recommendation Accept the amendment as provided, removing RCW 66.44.291 and RCW 66.44.320 from Edmonds City Code. Narrative <Type or insert text here> Attachments: 2024-02-12 Ordinance Amending ECC 5.04 RCW 66.44 (Liquor Control) Packet Pg. 442 8.15.a ORDINANCE NO. c N M It AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 5.04.010 ECC, ENTITLED "ALCOHOLIC BEVERAGE CONTROL — ENFORCEMENT", TO REMOVE REFERENCE TO = REPEALED STATUTES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. N WHEREAS, in 1985 the City Council passed Ordinance 2531 to adopt by reference certain Washington state law charges relating to alcoholic beverage control enforcement into the Edmonds City Code at Chapter 5.04 (Alcoholic Beverages); and WHEREAS, the language of ECC 5.04.010 contains reference to statutes related to alcoholic beverage control enforcement that have been repealed from the Revised Code of Washington, and therefore the code language is no longer accurate; and WHEREAS, the Police Department has recommended an update to the language of ECC 5.04.010 to remove the references to the repealed statutes; and WHEREAS, after review and discussion, the City Council has determined it to be appropriate to amend Section 5.04.010 ECC to remove the references to repealed statutes RCW 66.44.291 and RCW 66.44.320; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECC 5.04.010, entitled "Alcoholic beverage control — Enforcement." is amended as follows (deleted text is shown in st-ike through; new text is shown in underline): 5.04.010 Alcoholic beverage control — Enforcement. Packet Pg. 443 8.15.a The following statutes of the state of Washington are adopted by reference and wherever the word "title" or words "this title" are used therein the same shall be construed to mean and refer to RCW Title 66 and "this act" shall mean and refer to the Washington State Liquor Act: RCW 66.04.010 Definitions 66.20.200 Unlawful acts relating to card of identification and certification card 66.20.210 Licensee's immunity to prosecution or suit— Certification card as evidence of good faith 66.28.080 Permit for music and dancing upon licensed premises 66.28.090 Licensed premises open for inspection — Failure to allow 66.44.010 Local officers to enforce law —Authority of board— Liquor enforcement officers 66.44.040 Sufficiency of description of offenses in complaints, information, process, etc. 66.44.050 Description of offense in words of statutes — Proof required 66.44.060 Proof of unlawful sale establishes prima facie intent 66.44.070 Certified analysis is prima facie evidence of alcoholic content 66.44.080 Service of process on corporation 66.44.090 Acting without license 66.44.100 Opening/consuming liquor in public, penalty 66.44.120 Unlawful use of seal 66.44.130 Sales of liquor by drink or bottle 66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal — Unlawful operation, possession of still or mash 66.44.150 Buying liquor illegally 0 N M Iq U Packet Pg. 444 8.15.a 66.44.160 Illegal possession, transportation of alcoholic beverages 66.44.170 Illegal possession of liquor with intent to sell — Prima facie evidence, what is 66.44.175 Violations of law 66.44.180 Jurisdiction 66.44.200 Sales to persons apparently under the influence of liquor 66.44.210 Obtaining liquor for ineligible person 66.44.240 Drinking in public conveyance — Penalty against carrier 66.44.250 — Penalty against individual 66.44.270 Furnishing liquor to minor — Possession — Use — Exemptions 66.44.280 Minor applying for permit 66.44.290 Minor purchasing liquor 66.44.300 Treating minor, etc., in public place where liquor sold 66.44.310 Minors frequenting tavern Misrepresentation of age —Classification of licenses 66.44.316 Musicians 18 years and older permitted to enter and remain upon licensed premises during employment 66.44.325 Unlawful transfer to a minor of an identification of age 66.44.328 Preparation or acquisition and supply to persons under 21 of facsimile of official ID card — Penalty 66.44.340 Employees 18 years and over allowed to sell and carry beer and wine for class E and/or F licensed employees 66.44.350 Employees, 18 years and over allowed to serve and carry liquor Packet Pg. 445 8.15.a 66.44.365 Juvenile driving privileges — Alcohol or drug violation 66.44.370 Resisting or opposing officers in enforcement of title. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an administrative function of the city council, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED : CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: Packet Pg. 446 8.15.a PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 447 8.15.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of 2024, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 5.04.010 ECC, ENTITLED "ALCOHOLIC BEVERAGE CONTROL — ENFORCEMENT", TO REMOVE REFERENCE TO REPEALED STATUTES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of 2024. CITY CLERK, SCOTT PASSEY 0 N M It to cc U c Packet Pg. 448 8.15.b 66.44.291 Minor purchasing or attempting to purchase liquor — Penalty against persons between eighteen and twenty, inclusive. [2002 c 175 § 42; 1987 c 101 § 1; 1965 c 49 § 2.] Repealed by 2003 c 53 § 421, effective July 1, 2004. 66.44.320 Sales of liquor to minors a violation. [1973 1 st ex.s. c 209 § 19; 1933 c 2 § 1; 1929 c 200 § 1; RRS § 7328-1.] Repealed by 1999 c 189 § 4. 6 N Ci le v to U Packet Pg. 449 8.16 City Council Agenda Item Meeting Date: 03/19/2024 Amending ECC 5.12.020-Contributing to the delinquency of a minor Staff Lead: Commander Shane Hawley Department: Police Services Preparer: Alexandra Ehlert Background/History ECC 5.12.020 covers crimes related to minors. More specifically, adults committing crimes where a minor might be a willing party, but due to their age, they are not able to consent or are unable to possess something. The two main areas relate to possession of tobacco and applying tattoos to minors. This amendment adopts by reference: RCW 26.28.080 Selling or giving tobacco to a minor RCW 26.28.085-Applying a tattoo to a minor This amendment removes the following RCW's, as they have been removed or merged with those listed above: RCW 26.28.080(2) RCW 26.28.080(3) RCW 26.28.080(4) RCW 26.28.080(5) Staff Recommendation Accept and modify Edmonds Municipal Code section 5.12.020 adding RCW 26.28.080 and RCW 26.28.085 and removing RCW 26.28.080 (sections 2-5) from city code. Narrative <Type or insert text here> Attachments: 2024-02-12 Ordinance Amending ECC 5.12 RCW 26.28 (Crimes Involving Minors) Packet Pg. 450 8.16.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 5.12.020 ECC, ENTITLED "CONTRIBUTING TO THE DELINQUENCY OF A MINOR", TO UPDATE STATUTORY REFERENCES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, in 1985 the City Council passed Ordinance 2531 to adopt by reference certain Washington state law charges relating to crimes relating to children and minors into the Edmonds City Code at Chapter 5.12 (Children And Minors, Crimes Relating To); and WHEREAS, the language of ECC 5.12.020 ("Contributing to the delinquency of a minor.") contains reference to RCW 26.28.080 that has been substantially amended, and therefore the code language is no longer accurate; and WHEREAS, the Washington State Legislature has adopted RCW 26.28.085, codifying a misdemeanor relating to applying a tattoo to a minor, which the Police Department has recommended adopting by reference into the city code; and WHEREAS, after review and discussion, the City Council has determined it to be appropriate to amend Section 5.12.020 ECC to update the language adopting by reference statute RCW 26.28.080, and to adopt by reference RCW 26.28.085; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECC 5.12.020, entitled "Contributing to the delinquency of a minor." is amended as follows (deleted text is shown in stfike *t,,.,,,,g ; new text is shown in underline) 5.12.020 Contributing to the delinquency of a minor. Packet Pg. 451 8.16.a In all cases when any child is dependent or delinquent as defined in RCW 13.34.030, any person who, by act or omission, encourages, causes, or contributes to the dependency or delinquency of such child, shall be guilty of a misdemeanor. These violations shall include but not be restricted to violations of the following state statutes adopted herein by this reference: RCW 26.28.080 Selling or giving tobacco to minor —Belief of representative capacity, no defense —Penalty. 26.28.085 Applying tattoo to a minorPenalty. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an administrative function of the city council, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. Packet Pg. 452 8.16.a APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: 10 JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 453 8.16.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of 2024, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 5.12.020 ECC, ENTITLED "CONTRIBUTING TO THE DELINQUENCY OF A MINOR", TO UPDATE STATUTORY REFERENCES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of 2024. CITY CLERK, SCOTT PASSEY Packet Pg. 454 8.16. b RCW 26.28.080 Selling or giving tobacco to minor —Belief of representative capacity, no defense —Penalty. (1) A person who sells or gives, or permits to be sold or given, to any person under the age of twenty- one years any cigar, cigarette, cigarette paper or wrapper, tobacco in any form, or a vapor product is guilty of a gross misdemeanor. (2) It is not a defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another. (3) For the purposes of this section, "vapor product" has the same meaning as provided in RCW 70.345.010. [2019 c 15 § 1; 2016 sp.s. c 38 § 1; 2013 c 47 § 1; 1994 sp.s. c 7 § 437. Prior: 1987 c 250 § 2; 1987 c 204 § 1; 1971 ex.s. c 292 § 37; 1919 c 17 § 1; 1911 c 133 § 1; 1909 ex.s. c 27 § 1; 1909 c 249 § 193; 1901 c 122 § 1; 1895 c 126 §§ 1, 3 and 4; RRS § 2445. Formerly RCW 26.08.080, 26.08.090, and 26.08.100.] Effective date-2019 c 15: "This act takes effect January 1, 2020." [2019 c 15 § 12.] Finding—Intent—Severability-1994 sp.s. c 7: See notes following RCW 43.70.540. Effective date-1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010. Severability-1971 ex.s. c 292: See note following RCW 26.28.010. RCW 26.28.085 Applying tattoo to a minor —Penalty. Every person who applies a tattoo to any minor under the age of eighteen is guilty of a misdemeanor. It is not a defense to a violation of this section that the person applying the tattoo did not know the minor's age unless the person applying the tattoo establishes by a preponderance of the evidence that he or she made a reasonable, bona fide attempt to ascertain the true age of the minor by requiring production of a driver's license or other picture identification card or paper and did not rely solely on the oral allegations or apparent age of the minor. For the purposes of this section, "tattoo" includes any permanent marking or coloring of the skin with any pigment, ink, or dye, or any procedure that leaves a visible scar on the skin. Medical procedures performed by a licensed physician are exempted from this section. [1995 c 373 § 1.] Packet Pg. 455 8.17 City Council Agenda Item Meeting Date: 03/19/2024 Amending ECC 5.34 -Adding a new section (ECC 5.35.010) to city code for "computer crimes" and adopting several parts of RCW 9A.90. Staff Lead: Commander Shane Hawley Department: Police Services Preparer: Alexandra Ehlert Background/History This ECC amendment creates a new city code section (ECC 5.35.010) for misdemeanor computer crimes. Last month, Cyberstalking was removed from the city code, as the RCW no longer existed. It was replaced with Cyber Harassment under a new RCW. RCW 9A.90 covers a variety of computer related crimes. This amendment would adopt all of the applicable misdemeanor crimes by reference into this new ECC section. This amendment adopts by reference: 9A.90.030 Definitions. 9A.90.050 Computer trespass in the second degree. 9A.90.070 Spoofing. 9A.90.090 Electronic data tampering in the second degree. 9A.90.110 Commission of other crime. 9A.90.120 Cyber harassment Staff Recommendation Accept and create Edmonds Municipal Code section 5.35.010, adding the selected sections of RCW 9A.90. Narrative <Type or insert text here> Attachments: 2024-02-21 Ordinance adopting 5.35 RCW 9A.90 Sections Packet Pg. 456 8.17.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A NEW CHAPTER 5.35 ECC, ENTITLED "COMPUTERS, CRIMES RELATED TO"; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds Police Department is engaging in a review of Title 5 of the Edmonds City Code (ECC) in order to ensure that the Washington state laws adopted by reference are up to date and accurate; and WHEREAS, currently statutes adopted by reference into the City code pertaining to computers are found in both Chapter 5.34 (Persons, Crimes Relating To) and Chapter 5.36 (Property, Crimes Relating To); and WHEREAS, the Police Department has recommended that the City codify all crimes related to computers in their own chapter of the ECC; and WHEREAS, after review and discussion, the City Council has determined it to be appropriate to adopt a new chapter of the ECC, titled "Computers, Crimes Related To," wherein all computer -related crimes can be found; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new chapter 5.35 entitled Computers, Crimes Related To, is hereby added to the Edmonds City Code to read as follows: CHAPTER 5.35 COMPUTERS, CRIMES RELATED TO Sections: 5.35.010 Crimes related to computers. Packet Pg. 457 8.17.a 5.35.010 Crimes related to computers. The following statutes of the state of Washington are adopted by reference: RCW 9A.90.030 Definitions. 9A.90.050 Computer trespass in the second degree. 9A.90.070 Spoofing. 9A.90.090 Electronic data tampering in the second degree. 9A.90.110 Commission of other crime. 9A.90.120 Cyber harassment. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an administrative function of the city council, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHENTICATED : CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Im JEFF TARADAY APPROVED: MAYOR MIKE ROSEN Packet Pg. 458 8.17.a FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 459 8.17.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of 2024, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A NEW CHAPTER 5.35 ECC, ENTITLED "COMPUTERS, CRIMES RELATED TO"; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of 2024. CITY CLERK, SCOTT PASSEY Packet Pg. 460 8.17.b RCW 9A.90.030 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Access" means to gain entry to, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of electronic data, data network, or data system, including via electronic means. (2) "Cybercrime" includes crimes of this chapter. (3) "Data" means a digital representation of information, knowledge, facts, concepts, data software, data programs, or instructions that are being prepared or have been prepared in a formalized manner and are intended for use in a data network, data program, data services, or data system. (4) "Data network" means any system that provides digital communications between one or more data systems or other digital input/output devices including, but not limited to, display terminals, remote systems, mobile devices, and printers. (5) "Data program" means an ordered set of electronic data representing coded instructions or statements that when executed by a computer causes the device to process electronic data. (6) "Data services" includes data processing, storage functions, internet services, email services, electronic message services, website access, internet-based electronic gaming services, and other similar system, network, or internet-based services. (7) "Data system" means an electronic device or collection of electronic devices, including support devices one or more of which contain data programs, input data, and output data, and that performs functions including, but not limited to, logic, arithmetic, data storage and retrieval, communication, and control. This term does not include calculators that are not programmable and incapable of being used in conjunction with external files. (8) "Electronic tracking device" means an electronic device that permits a person to remotely determine or monitor the position and movement of another person, vehicle, device, or other personal possession. As used in this definition, "electronic device" includes computer code or other digital instructions that once installed on a digital device, allows a person to remotely track the position of that device. (9) "Identifying information" means information that, alone or in combination, is linked or linkable to a trusted entity that would be reasonably expected to request or provide credentials to access a targeted data system or network. It includes, but is not limited to, recognizable names, addresses, telephone numbers, logos, HTML links, email addresses, registered domain names, reserved IP addresses, user names, social media profiles, cryptographic keys, and biometric identifiers. (10) "Malware" means any set of data instructions that are designed, without authorization and with malicious intent, to disrupt computer operations, gather sensitive information, or gain access to private computer systems. "Malware" does not include software that installs security updates, removes malware, or causes unintentional harm due to some deficiency. It includes, but is not limited to, a group of data instructions commonly called viruses or worms, that are self -replicating or self -propagating and are designed to infect other data programs or data, consume data resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the data, data system, or data network. Certified on 9/1 /2023 RCW 9A.90.030 Page 1 (11) "White hat security research" means accessing a data program, service, or system solely for purposes of good faith testing, investigation, identification, and/or correction of a security flaw or vulnerability, where such activity is carried out, and where the information derived from the activity is used, primarily to promote security or safety. (12) "Without authorization" means to knowingly circumvent technological access barriers to a data system in order to obtain information without the express or implied permission of the owner, where such technological access measures are specifically designed to exclude or prevent unauthorized individuals from obtaining such information, but does not include white hat security Packet Pg. 461 8.17.b research or circumventing a technological measure that does not effectively control access to a computer. The term "without the express or implied permission" does not include access in violation of a duty, agreement, or contractual obligation, such as an acceptable use policy or terms of service agreement, with an internet service provider, internet website, or employer. The term "circumvent technological access barriers" may include unauthorized elevation of privileges, such as allowing a normal user to execute code as administrator, or allowing a remote person without any privileges to run code. [2022 c 231 § 2; 2016 c 164 § 3.] RCW 9A.90.050Computer trespass in the second degree. (1) A person is guilty of computer trespass in the second degree if the person, without authorization, intentionally gains access to a computer system or electronic database of another under circumstances not constituting the offense in the first degree. (2) Computer trespass in the second degree is a gross misdemeanor. [2016 c 164 § 5.] RCW 9A.90.070 Spoofing. (1) A person is guilty of spoofing if he or she, without authorization, knowingly initiates the transmission, display, or receipt of the identifying information of another organization or person for the purpose of gaining unauthorized access to electronic data, a data system, or a data network, and with the intent to commit another crime in violation of a state law not included in this chapter. (2) Spoofing is a gross misdemeanor. [2016 c 164 § 7.] RCW 9A.90.090 Electronic data tampering in the second degree. (1) A person is guilty of electronic data tampering in the second degree if he or she maliciously and without authorization: (a) Alters data as it transmits between two data systems over an open or unsecure network under circumstances not constituting the offense in the first degree; or (b) Introduces any malware into any electronic data, data system, or data network under circumstances not constituting the offense in the first degree. (2) Electronic data tampering in the second degree is a gross misdemeanor. [2016 c 164 § 9.] RCW 9A.90.110 Commission of other crime. A person who, in the commission of a crime under this chapter, commits any other crime may be punished for that other crime as well as for the crime under this chapter and may be prosecuted for each crime separately. [2016 c 164 § 11.1 Packet Pg. 462 8.17.b RCW 9A.90.120 Cyber harassment. (1) A person is guilty of cyber harassment if the person, with intent to harass or intimidate any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to that person or a third party and the communication: (a)(i) Uses any lewd, lascivious, indecent, or obscene words, images, or language, or suggests the commission of any lewd or lascivious act; (ii) Is made anonymously or repeatedly; (iii) Contains a threat to inflict bodily injury immediately or in the future on the person threatened or to any other person; or (iv) Contains a threat to damage, immediately or in the future, the property of the person threatened or of any other person; and (b) With respect to any offense committed under the circumstances identified in (a)(iii) or (iv) of this subsection: (i) Would cause a reasonable person, with knowledge of the sender's history, to suffer emotional distress or to fear for the safety of the person threatened; or (ii) Reasonably caused the threatened person to suffer emotional distress or fear for the threatened person's safety. (2)(a) Except as provided in (b) of this subsection, cyber harassment is a gross misdemeanor. (b) A person who commits cyber harassment is guilty of a class C felony if any of the following apply: (i) The person has previously been convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a no -contact or no -harassment order; (ii) The person cyber harasses another person under subsection (1)(a)(iii) of this section by threatening to kill the person threatened or any other person; (iii) The person cyber harasses a criminal justice participant or election official who is performing the participant's official duties or election official's official duties at the time the communication is made; (iv) The person cyber harasses a criminal justice participant or election official because of an action taken or decision made by the criminal justice participant or election official during the performance of the participant's official duties or election official's official duties; or (v) The person commits cyber harassment in violation of any protective order protecting the victim. (3) Any criminal justice participant or election official who is a target for threats or harassment prohibited under subsection (2)(b)(iii) or (iv) of this section, and any family members residing with the participant or election official, shall be eligible for the address confidentiality program created under RCW 40.24.030. (4) For purposes of this section, a criminaljustice participant includes any: (a) Federal, state, or municipal court judge; (b) Federal, state, or municipal court staff; (c) Federal, state, or local law enforcement agency employee; (d) Federal, state, or local prosecuting attorney or deputy prosecuting attorney; (e) Staff member of any adult corrections institution or local adult detention facility; Certified on 9/1/2023 RCW 9A.90.120 Page 1 (f) Staff member of anyjuvenile corrections institution or localjuvenile detention facility; (g) Community corrections officer, probation officer, or parole officer; (h) Member of the indeterminate sentence review board; (i) Advocate from a crime victim/witness program; or (j) Defense attorney. (5) For the purposes of this section, an election official includes any staff member of the office of the secretary of state or staff member of a county auditor's office, regardless of whether the Packet Pg. 463 8.17.b member is employed on a temporary or part-time basis, whose duties relate to voter registration or the processing of votes as provided in Title 29A RCW. (6) The penalties provided in this section for cyber harassment do not preclude the victim from seeking any other remedy otherwise available under law. (7) Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received. (8) For purposes of this section, "electronic communication" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. "Electronic communication" includes, but is not limited to, email, internet-based communications, pager service, and electronic text messaging. [2022 c 231 § 1; 2004 c 94 § 1. Formerly RCW 9.61.260.] Severability-2004 c 94: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected" [2004 c 94 § 6.] Effective dates-2004 c 94: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 24, 2004], except for section 3 of this act, which takes effect July 1, 2004" [2004 c 94 § 7.] Packet Pg. 464 8.18 City Council Agenda Item Meeting Date: 03/19/2024 B&C Confirmation of Appointment — Arts Commission Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Due to a retirement on the Arts Commission at the end of 2023, Position #1, visual, is open. This position was advertised in November 2023. This position is a 4-year full -term that expires on 12/31/2027. Staff Recommendation Confirm appointment of Katie Leute to Arts Commission position #1, visual. Narrative Mayor Rosen recommends confirmation of the appointment of Katie Leute to Arts Commission position #1, visual. Packet Pg. 465 8.19 City Council Agenda Item Meeting Date: 03/19/2024 B&C Confirmation of Appointment — Arts Commission Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Due to a mid-term resignation on the Arts Commission at the end of 2023, Position #4, Performing, is open. This position was advertised in November 2023. This position is a 2-year partial term that expires on 12/31/2025. Staff Recommendation Confirm appointment of Ute-Christiane Freund to Arts Commission position #4 performing. Narrative Mayor Rosen recommends confirmation of the appointment of Ute-Christiane Freund for Arts Commission position #4, performing. Packet Pg. 466 8.20 City Council Agenda Item Meeting Date: 03/19/2024 B&C Confirmation of Appointment — Historic Preservation Commission Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Professional position # 1 of the Historic Preservation Commission is open due to a resignation in October 2022. Professional position #2 of the HPC is open due to a resignation in March 2023. Position #1 was advertised in October 2022 with no qualified applicants received. Both positions were then advertised in April 2023 with no qualified applicants received, and again in October 2023 which netted two qualified applicants. Staff Recommendation Confirm appointment of Doug Trost to HPC position #1, professional. This is a full -term appointment that will expire on 12/31/2026. Narrative Mayor Rosen recommends confirmation of the appointment of Doug Trost to HPC position #1, professional. Packet Pg. 467 8.21 City Council Agenda Item Meeting Date: 03/19/2024 B&C Confirmation of Appointment — Historic Preservation Commission Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Professional position # 1 of the Historic Preservation Commission is open due to a resignation in October 2022. Professional position #2 of the HPC is open due to a resignation in March 2023. Position #1 was advertised in October 2022 with no qualified applicants received. Both positions were then advertised in April 2023 with no qualified applicants received, and again in October 2023 which netted two qualified applicants. Staff Recommendation Confirm appointment of Karen Engelhart Brown to HPC position #2, professional. This is a partial term and will expire on 12/31/2025. Narrative Mayor Rosen recommends confirmation of the appointment of Karen Engelhart Brown to HPC position #2, professional. Packet Pg. 468 9.1 City Council Agenda Item Meeting Date: 03/19/2024 Critical Aquifer Recharge Area Code Amendment Staff Lead: Mike Clugston Department: Planning Division Preparer: Michael Clugston Background/History Critical aquifer recharge areas (CARAs) are established to protect groundwater and public drinking supplies from potential contamination and to ensure adequate groundwater availability. They are treated as critical areas under the Growth Management Act (GMA) and defined in Chapter 23.60 ECDC, which was last updated in 2016 and states: Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2). CARAs have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. CARAs are protected as critical areas under the Washington State Growth Management Act. However, no areas meeting criteria for CARAs exist in the vicinity of the city of Edmonds. Thus, additional specific provisions for protection of this critical area type are not provided within this title. [Ord. 4026 § 1 (Att. A), 2016, Ord. 3527 § 2, 2004]. [Emphasis added] In 2022, Edmonds became aware of the presence of CARAs within the City's jurisdiction when the Olympic View Water and Sewer District (OVWSD) appealed the City's SEPA Determination of Nonsignificance (DNS) for a stormwater code update. While OVWSD's appeal was denied by the hearing examiner, staff committed to updating the ECDC to reflect the presence of possible CARAs within city boundaries. Olympic View provided best available science and mapping of their wellhead protection areas and buffer to the City (Attachment 2), which were then added to the City's geographic information system (GIS). The code update in file AMD2023-0004 is a follow-up to that work and will establish regulations for CARAs in Edmonds consistent with the GMA in RCW 36.70A.020 and RCW 36.70.330. There are two locations in Edmonds considered critical aquifer recharge areas. Both are locations where Olympic View has drinking water wells, which supplement the drinking water they purchase from the City of Seattle: Deer Creek Springs and 228th Street. Deer Creek Springs is in the Town of Woodway and has operated for decades but much of the protection area and buffer around the springs that will comprise the CARA are in Edmonds. Land uses in this CARA are low intensity, primarily single-family residential uses. The 228th Street wellfield, recently completed but awaiting final approval from the State Department of Health before it can come online, is in Esperance. Much of the wellhead protection area around this wellfield is in Esperance (under Snohomish County's jurisdiction) but some of the area and buffer is in Edmonds. The CARA code will apply to both areas to continue to protect groundwater and ensure continued access to clean drinking water for Olympic View customers. Packet Pg. 469 9.1 Staff from the City and Olympic View have been working closely on the draft code amendments and will continue to do so until the amendment is completed. Staff Recommendation No action is requested. Staff will provide a brief presentation on the stormwater component of the CARA draft prior to public testimony. If time allows, discussion can continue after the conclusion of public testimony on March 19. If the Council would like an additional work session on the topic, that could be scheduled. Otherwise, potential action on an ordinance adopting the updated CARA language is scheduled for April 16. Narrative Amendments to Chapter 23.60 ECDC are a Type V legislative decision, which requires the Planning Board to hold a public hearing before making a recommendation to the City Council. A public hearing is also held by City Council prior to adoption of the code amendment by ordinance. Planning Board Process The Planning Board held several meetings on the topic (meeting materials from each of the meetings are weblinked as are reference documents on CARAs from Olympic View and the Departments of Commerce, Ecology and Health): 1) May 24, 2023 - Introduction to the CARA code amendment 2) July 12, 2023 - Work session 3) July 26, 2023 - Public hearing #1 (held open to August 23 and then to September 13 but ultimately closed to allow time for additional work, primarily regarding stormwater) 4) October 25, 2023 - Work session on stormwater 5) November 29, 2023 - Public hearing #2 Consistent with ECDC 20.15A, a SEPA Determination of Nonsignificance was issued on November 9, 2023 - no comments or appeals were received. Notice of the draft code amendment was also provided to the Department of Commerce. Following their public hearing on November 29, 2023, the Planning Board recommended that the City Council approve the draft language in the CARA code amendment reviewed by the Planning Board on November 29. The Board also proposed two modifications to that draft code, including: 1) Remove mitigation section in 23.60.030(d)(1)(c); and 2) Disallow any UIC wells - shallow or drilled -in the QV areas of the Deer Creek aquifer but allow shallow UIC wells in the other areas of that watershed. For reference, shallow underground injection control (UIC) wells are structures built to allow fluids to flow into the ground, typically under the force of gravity, and include dry wells and infiltration trenches containing perforated pipe among other options. Council Process Staff reported on the progress of the code update project on September 26, 2023, and the CARA code was presented to the Council in full on January 23, 2024. The draft code presented that evening included the removal of the mitigation language in ECDC 23.60.030(d)(1)(c) consistent with Planning Board Modification #1. However, additional discussion about the Planning Board's proposed Modification #2 - to prohibit all underground injection control (UIC) wells in the QVa soils within the Deer Creek CARA - required further review and analysis based on guidance from the City Attorney. The code draft in the packet for the March 19 public hearing is that which the Planning Board approved Packet Pg. 470 9.1 following their public hearing (Attachment 1) and their recommendation with two proposed modifications is included as Attachment 2. It is possible that the Planning Board may make a revised recommendation following discussion at their March 13 meeting, which would be included with the Council's packet for March 19. As has been presented previously, staff took the approach of creating stormwater regulations for both the Deer Creek and 228th Street critical aquifer recharge areas that applied to both the mapped wellhead protection areas (6 month to 10-year travel times based on Department of Health requirements) in addition to the buffer areas, which form the entirety of the capture zone for each of the wellheads. The Department of Health does not require regulating the buffer areas but the City is proposing to do that to be more protective of the CARA. The CARAs are further divided into areas with QVa soils (unconfined soils offering less buffering to the aquifer below) and areas outside the QVa. The map in Attachment 3 shows these areas, specifically for Deer Creek. In each case, stormwater management is proposed to be more protective of the CARA than otherwise required by the Department of Ecology through their stormwater permit. For example, both deep (drilled) and shallow UIC wells are proposed to be prohibited within the 228th Street CARA and buffer. This is because the area has more intensive land uses, which could lead to a greater chance for potential contamination. At the same time, there is existing stormwater infrastructure throughout that area. Therefore, connecting to the stormwater system is an option and infiltration is not a necessary management alternative. The Deer Creek CARA, on the other hand, is characterized almost exclusively by low intensity single- family residential development. In addition, there are portions of that CARA that are in closed stormwater basins with no existing stormwater infrastructure. Between the less intensive land uses and the inability to move stormwater out of the area due to lack of infrastructure, infiltration is a needed treatment option, even in the QVa soils. As proposed, deep UIC wells would be prohibited within the Deer Creek CARA. However, shallow UICs would be allowed both inside and outside of the QVa soils since that is a treatment technique consistent with Ecology requirements and one available in closed stormwater basins with no infrastructure. Additional treatment above what Ecology requires is proposed for all shallow systems (Attachment 4). The top table lists Ecology's requirements, and the bottom table lists the treatment proposed by the City of Edmonds; the City is proposing pretreatment, removal of solids, or removal of oil and solids in every case, regardless of soil treatment capacity. This approach is more protective of the CARA than that required by Ecology. Attachments: Attachment 1 - PB recommended CARA code redlined Attachment 2 revised - Updated PB recommendation to Council - CARA code —Final Attachment 3 - Deer Creek CARA Map Attachment 4 - Stormwater Treatment Comparison Chart - Ecology and Edmonds Olympic View 2023 Watershed Protection Plan Department of Health Wellhead Protection Guidance Department of Ecology Critical Aquifer Recharge Area Guidance Department of Commerce Critical Aquifer Recharge Area Webinar Department of Commerce Critical Areas Handbook Planning Board 5.24.23 materials Packet Pg. 471 9.1 Planning Board 7.12.23 materials Planning Board 7.26.23 materials Report to Council 9.26.23 Planning Board 10.25.23 materials Planning Board 11.29.23 materials Council 1.23.24 materials Packet Pg. 472 9.1.a Draft Edmonds CARA Update 2023 Chapter23.60 CRITICAL AQUIFER RECHARGE AREAS Sections: 23.60.010 Scope. 23.60.020 Administration. 23.60.030 Regulated Activities. 23.60.010 Scope. Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(-23). CARAs have prevailing geologic conditions that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. GARAs aFe FE)te-.+ d as rwt4ral ..dprth IN �; + c+ + �.,.wth M@Ra ..,m eRt Ae-+. The Growth Management Act requires cities to adopt regulations to protect CARAs. The purpose of this chapter is to establish critical aquifer recharge area (CARA) and groundwater protection standards to protect aquifers from degradation and depletion. The intent is to minimize loss of recharge quantity, to maintain the protection of &uqqW-w-es#e JgUbl ^ dFOR R9 water -public drinking water sources, and to prevent contamination of groundwater. draft Edmonds CARA ECDC 23.60 v5 11.29.23 Commented [CM1]: Proposed changes in this sec based on Olympic View feedback. Grey highlighted i Packet Pg. 473 9.1.a Draft Edmonds CARA Update 2023 23.60.020 Administration. A. Mapp44gDesignation. Olympic View Water and Sewer District (Olympic View) has two Commented [CM2]: Rewording suggested by Doi wellhead protection areas in Edmonds: Deer Creek Springs and the 228th Street Wellfield. Deer Creek Springs itself is located west of Edmonds in the Town of Woodway while the 228th Street Wellfield is located in Esperance (unicorporated Snohomish County), which is surrounded by Edmonds. Both areas have been mapped and modeled using best available science and include four travel time zones (6 month, 1 year, 5 year, and 10 year) plus an additional buffer, ` h'eh '" the eRt*r, 7ARP A f,.ARtr:H„+OA-R fee the wellhead l3Fete-4ie.. awea. Commented [MC3]:'Buffer' definition expanded An area of exposed highly sensitive soils (Qva aquifer) is also mapped. include CARA reference B. Classification. CARAs are classified using the following criteria: 1. Class 1 CARAs include those mapped areas located within the 6 month, one (1) and five (5) year capture zones of a wellhead protection area. 2. Class 2 CARAs include those mapped areas located within the ten (10) year capture zone of a wellhead protection area. 3. Class 3 CARAs include those mapped areas in the wellhead ^FE)tee eP -•^a critical aquifer recharge area buffer. Commented [MC4]: As above draft Edmonds CARA ECDC 23.60 v5 11.29.23 w C d c d Q :� M U Packet Pg. 474 9.1.a Draft Edmonds CARA Update 2023 C. Applicability. The provisions of this chapter apply to regulated activities occurring within Class 1, Class 2 and Class 3 CARAs as identified in the City of Edmonds GIS, which may be updated as new information becomes available. D. Local consultation. The City of Edmonds will notify Olympic View when new development applications are submitted within the mapped CARAs. Typical applications will include but not be limited to: single family/multifamily/commercial building permits, and short/formal subdivisions. E. Hydrogeologic report. A hydrogeologic report is required for activities as noted in the table ECDC 23.60.030.C. The report must contain the following information: 1. The surface location of all critical aquifer rechar>e areas located on site or immed adjacent to the site, and the permeability of the unsaturated zone; 2. Groundwater depth, flow direction, and gradient based on available information; 3. Currently available data on wells and springs within one fourth mile of the site; 4. Currently available information on the location of surface waters within one fourth mile of the site; 5. Historic water quality data for the area to be affected by the proposed activity or use compiled for at least the previous five-year period; 6. Discussion of the effects of the proposed project on the groundwater quality and quantity, including: a. Predictive evaluation of eroundwater withdrawal effects on nearbv wells and surface water features; b. Predictive evaluation of contaminant transport based on potential releases to groundwater; c. Recharge potential of the site including permeability and transmissivity; and d. If water use is proposed for the development activity, a description of the groundwater source of water to the site or a letter from an approved water purveyor stating the ability to provide water to the site; 7. Best management practices relevant to the proposed activity or use; 8. Provisions to monitor the groundwater quality and quantity; 9. A spill plan that identifies equipment and structures that could fail, resulting in an impact to the critical aquifer recharge area. Spill plans shall include provisions for regular inspection, repair, and replacement of structures and equipment with the potential to fail; 10. An assessment of how the development activity meets the protection standards established in ECDC 23.60.030.D; draft Edmonds CARA ECDC 23.60 v5 11.29.23 Commented [MCS]: (E) is a new subsection with detail per DoH guidance Packet Pg. 475 9.1.a Draft Edmonds CARA Update 2023 11. If the hvdroeeoloeic report identifies impacts to critical aquifer recharee areas. the project applicant will be required to: a. Identify and provide an analysis of alternatives by which such impacts could be avoided or prevented; and b. Provide a detailed mitigation plan for any unavoidable impacts. The mitigation plan should include preventative measures, monitoring, process control and remediation and a contingency plan, as appropriate; 12. Recommendations for implementation and operation of activities, including size limitations, monitoring, reporting and best management practices (BMP); and 13. Anv other information necessary to determine compliance with this chapter. 23.60.030 Regulated Activities. A. Stormwater. 1. The use of stormwater infiltration best management practices (BMPs) including those that qualify as a Class V Underground Iniection Control well (UIC), are prohibited for all land uses within all wellhead protection areas (WHPAs), including the buffer, associated with Olympic View Water and Sewer District's (OVWSD) 228th Street Wellhead. 2. Within all WHPAs, associated with Olympic View's Deer Creek Springs, including the buffer, the following shall apply: a. All new bored. drilled. or driven shaft UICs for stormwater management purposes are prohibited. b. All other new stormwater infiltration BMPs that are not bored, drilled, or driven shaft UICs shall be regulated by: i. Chapter 173-218 WAC, that meet that chapter's definition of a Class V UIC well. The UIC regulations are implemented by the Washington State Department of Ecology (Ecology). ii. The requirements of ECDC 18.30 (stormwater Management), including the Ecology stormwater manual adopted by ECDC 18.30, and the current Edmonds Stormwater Addendum. c. In addition, these requirements shall apply to the following allowed activities: i. All new UICs that replace any existing UIC that has reached its useful life. ii. Any area that proposes connecting to an existing City -owned and operated UIC. d. These requirements shall apply until Ecology approves a subsequent version of its stormwater manual that is more protective of the aquifers than the above requirements. At that time, the more protective requirements shall apply. B. Table 23.60.030.1, CARA Prohibited and Restricted Uses, establishes land uses and related activities that are prohibited and restricted within a specific CARA classification and applies draft Edmonds CARA ECDC 23.60 v5 11.29.23 Packet Pg. 476 9.1.a Draft Edmonds CARA Update 2023 to any new use or activity proposed after [MONTH DAY], 2024. New land uses or activities that pose a hazard to the Citv's groundwater resources, resulting from storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances, are prohibited in Critical Aquifer Recharge Areas 1 and 2. Some uses are prohibited in all CARA classes. Uses and activities lawfully established prior to [MONTH DAYI, 2024, are not considered to be legal nonconforming uses subject to Chapter 17.40 ECDC, and may continue to operate within the scope of the existing use. Table 23.60.030.1. CARA Prohibited and Restricted Uses All mineral resource uses RA and in exposed OVa soils in Class 3 CARA. A RA Cemeteries Imanaeement OPMI are reauired for the use in Class Hazardous liquid transmission pipelines Hazardous waste storage and/or Hazardous waste s treatment facilities and/or processing, or as defined by Chap disposal of radioactive substances �in all CARA classes. leauipment and/or material and medical waste. ubstances or hazardous wastes with orimary and draft Edmonds CARA ECDC 23.60 v5 11.29.23 5 Packet Pg. 477 9.1.a Draft Edmonds CARA Update 2023 h dro eolo is report is required for the use in Class 3 CARA outside of the area of exposed QVa. Automotive uses Wrecking yards are prohibited in all CARA classes. Vehicle towing ards that store vehicles on permeable surfaces are also prohibited. Service stations are prohibited in Class 1 and 2 CARA as well as in exposed QVa soils in Class 3 CARA. In Class 3 CARA outside of the area of exposed QVa, vehicle repair and servicing must be conducted indoors over impermeable pads. For underground storage tanks UST with hazardous substances applicants must demonstrate that the facility complies with federal and state laws. Dry cleaning DrV cleaning using chlorinated solvents or using solvent perchloroeth lene is prohibited in all CARA classes. Large on -site sewage systems, as defined Prohibited in all CARA. in Chapter 246-272 WAC Solid waste landfills Prohibited in all CARA. Solid waste is defined in WAC 173 304-100. Solid waste transfer stations Prohibited in all CARA. Solid waste is defined under WAC 173-304-100. Petroleum refinement processes, including any related reprocessing or Prohibited in all CARA. storage Bulk storage facilities where flammable or Prohibited in all CARA. combustible liquids, solids, or gels are received by pipeline or tank vehicle, and are stored or blended in bulk for the purpose of distributing such substances by pipeline, tank vehicle, portable tank, or container Chemical manufacturing, including but not Prohibited in Class 1 and 2 CARA as well as in limited to organic and inorganic chemicals, plastics and resins, pharmaceuticals, cleaning compounds, exposed QVa soils in Class 3 CARA. A h dro eolo is report is required for the use in Class 3 CARA outside of the area of exposed QVa. Applicants must paints and lacquers, and agricultural demonstrate that the facility complies with federal chemicals land state laws. draft Edmonds CARA ECDC 23.60 v5 11.29.23 Q Packet Pg. 478 9.1.a Draft Edmonds CARA Update 2023 Primary and secondary metal industries Prohibited in all CARA. that manufacture, produce, smelt, or refine ferrous and nonferrous metals from molten materials Commercial wood preserving and wood Prohibited in all CARA. products preserving Mobile fleet fueling operations Prohibited in all CARA. "Mobile fleet fueling" means the practice of filling fuel tanks of vehicles from tank vehicles. Mobile fleet fueling is also known as wet fueling and wet hosing. Mobile fleet fueling does not include fueling at construction sites. Permanent dewatering of the aquifer Prohibited in all CARA. when done as part of remediation action that is approved by the Department of Ecology Irrigation and infiltration of greywater Prohibited in all CARA. Reclaimed or recycled water use with the Prohibited in all CARA. exception of uses that discharge to the sanitary sewer Rainwater collection and use Allowed in all CARA. Hydrocarbon extraction Prohibited in all CARA. Metal recycling facilities with outdoor Prohibited in Class 1 and 2 CARA as well as in storage and handling activities exposed QVa soils in Class 3 CARA. A hydrogeologic report is required for the use in Class 3 CARA outside of the area of exposed QVa. C. Regulation of facilities handling and storing hazardous materials. Commented [MC6]: SnoCo DOH provided guidan discussed by the PB on July 26. PB needs to determ whether to prohibit greywater outright or allow for some circumstances. Activities may only be permitted in a critical aquifer recharge area if the applicant can show, through providing a hydrogeologic report prepared by a qualified professional, that the (Commented [CM7]: Requirement for a study per or000sed activitv will not cause contaminants to enter the groundwater by compliance with Il guidance the best management practices (BMPs) for handling and storing hazardous materials. The City may impose development conditions in accordance with BMPs to prevent degradation of groundwater. 1. Best Management Practices for Handling and Storing Hazardous Materials. draft Edmonds CARA ECDC 23.60 v5 11.29.23 Packet Pg. 479 9.1.a Draft Edmonds CARA Update 2023 Any facility, activity, or residence in the City in which hazardous materials or other deleterious substances are present must be operated in a manner that ensures safe storage, handling, treatment, use, production, and recycling or disposal of such materials and substances and prevents their unauthorized release to the environment. Businesses, cemeteries and schools that store and/or handle hazardous materials must, at a minimum, comply with the following BMPs: a. Waste disposal and record keeping of disposal and use activity; b. Spill containment supplies and an emergency response plan; c. An emergency response training plan for all employees; d. Hazardous materials must be stored using secondary containment measures at all times; e Periodic monitoring of the storage areas and methods used for containment must be reviewed: i. On a regular basis; ii. Whenever business practices change regarding hazardous materials; and iii. As required by laws and regulations; f. In no case may hazardous materials or other deleterious substances be stored, handled, treated, used, produced, recycled, or disposed of in a way that would pose a significant groundwater hazard within the City. 2. Hazardous Materials Inventory (HMI). The HMI statement is intended reflect all current and anticipated types and quantities of hazardous materials that will be stored, handled, treated, used, produced, recycled, or disposed of at a facility. The HMI must always be kept on site. New and existing commercial land uses. schools and cemeteries located in Class 1 and Class 2 CARAs must submit an HMI statement: a. Within 1 year of the effective date of the ordinance codified in this chapter; b. With any new land use or building permit application; c. With a new business license; and d. At periodic intervals as needed to keep up with changing business practices. 3. Hazardous Materials Management Plan (HMMP). Hazardous materials quantities correspond to the aggregate total of all hazardous materials, not individual chemicals. Facilities that use aggregate quantities of hazardous materials equal to or greater than draft Edmonds CARA ECDC 23.60 v5 11.29.23 Packet Pg. 480 9.1.a Draft Edmonds CARA Update 2023 20 gallons or the equivalent of 200 pounds, or that use hazardous materials that may be a potential risk to the WHPA, are reviewed to determine the potential risk to the groundwater and the need for an HMMP. Commercial land uses and activities using aggregate quantities of hazardous materials equal to or greater than 50 gallons or the equivalent of 500 pounds, or that use hazardous materials that are considered to be a potential risk to the groundwater in lower quantities, must submit an HMMP to the CitV. a. The City requires an HMMP based on the type and aggregate quantity of inventoried material. The following are exempt from an HMMP: i. Retail sale of containers 5 gallons or less in size when the business has fewer than 500 gallons on the premises at anV one time; and ii. Hazardous materials of no potential risk to the wellhead protection areas. b. HMMPs must demonstrate implementation of BMPs. An HMMP must be completed by the facility operator and must always kept on site and include: i. A description of the facility including a floor plan showing storage, drainage and use areas. The plans must be legible and approximately to scale; ii. The plan must include and identify all hazardous materials containers, sizes, storage locations and methods of secondary containment of the hazardous materials; and iii. The plan must, at a minimum, include how the facility implements the BMPs as identified in this code. 4. Inspections. The City has the right to inspect a facility at reasonable times for the purpose of determining compliance with this chapter. Inspections may include, but are not limited to: a. Visual inspections of hazardous materials storage and secondary containment areas; b. Inspections of HMMP; and c. Sampling of soils, surface water and groundwater. 5. Third -Party Review. The City may employ a hydrogeologic consultant licensed in Washington State at the applicant's expense for third -party review for compliance with the BMPs, the HMI and the HMMP. 6. Enforcement. Whenever a person has violated any provisions of this chapter, the Planning and Development Director, in consultation with the Public Works Director as necessary, may take code enforcement action based on the nature of the violation including, but not limited to, abatement, inlunction, mitigation, fines and penalties as set forth in Section 18.30.100 ECDC, Stormwater Management. draft Edmonds CARA ECDC 23.60 v5 11.29.23 9 Packet Pg. 481 9.1.a Draft Edmonds CARA Update 2023 D. General requirements. 1. A project applicant must make all reasonable efforts to avoid and minimize impacts to critical aquifer recharge areas according to the requirements of this section, in the following sequential order of priority: a. Avoiding impacts altogether by not taking a certain action or parts of an action; or when avoidance is not possible; b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, using appropriate technology, or by taking affirmative steps, such as protect redesign, relocation, or timing, to avoid or reduce impacts; and c. Mitigation for the impacts to the critical aquifer recharge area. 2. Any activity or use specifically listed in this chapter must comply with the best management practices and mitigation plan identified in the hydrogeologic report. 3. All development activities must comply with the groundwater quality standards contained in WAC Chapter 173-200 and RCW Chapter 90.48. 4. Where the Director determines that an activity or use not specifically listed in this chapter has the potential to harm water quality or quantity within critical aquifer recharge areas, the applicant must apply best management practices and all known and available reasonable technologv MART) aaaroariate to Drotect critical aauifer recharge areas. draft Edmonds CARA ECDC 23.60 v5 11.29.23 10 Commented [MC8]: Adapting general critical are; 'mitigation' requirements to CARA per DoH guidanc Packet Pg. 482 9.1.a Draft Edmonds CARA Update 2023 23.40.005 Definitions pertaining to critical areas. For the purposes of this chapter and the chapters on the five specific critical area types (Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC) the following definitions shall apply: "Adjacent" means those activities located on site immediately adjoining a critical area; or distance equal to or less than 225 feet of a development proposal or subject parcel. "Alteration" means any human -induced action which changes the existing condition of a critical area or its buffer. Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife or wildlife habitat value of critical areas. "Aquifer" means a body of soil or rock that contains sufficient saturated material to conduct groundwater and yield usable quantities of groundwater to springs and/or wells. Best Available Science. See ECDC 23.40.310. "Best management practices" means a system of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, and toxics; 2. Control the movement of sediment and erosion caused by land alteration activities; 3. Minimize adverse impacts to surface and ground water quality, flow, and circulation patterns; and 4. Minimize adverse impacts to the chemical, physical, and biological characteristics of critical areas. "Buffer" means the designated area immediately next to and a part of a steep slope or landslide Commented [MC9]: DoH recommended change hazard area and which protects slope stability, attenuation of surface water flows and landslide hazards reasonably necessary to minimize risks to persons or property; or a designated area immediately next to and part of a stream or wetland that is an integral part of the stream or wetland ecosystem. For critical aquifer recharge areas, the buffer is that area outside of the WHPA time of travel zones established by WAC 246-290, which defines the entire zone of contribution for the CARA. "Chapter" means those sections of this title sharing the same third and fourth digits. "City" means the city of Edmonds. City Council or Council. See ECDC 21.15.030. draft Edmonds CARA ECDC 23.60 v5 11.29.23 11 Packet Pg. 483 9.1.a Draft Edmonds CARA Update 2023 "Class" or "wetland class" means descriptive categories of wetland vegetation communities within the wetlands taxonomic classification system of the U.S. Fish and Wildlife Service (Cowardin, et al., 1979). "Clearing" means the act of cutting and/or removing vegetation. This definition shall include grubbing vegetation and the use or application of herbicide. "Compensation project" means an action(s) specifically designed to replace project -induced critical area or buffer losses. Compensation project design elements may include, but are not limited to: land acquisition procedures and detailed plans including functional value assessments, detailed landscaping designs, construction drawings, and monitoring and contingency plans. "Compensatory mitigation" means replacing project -induced losses or impacts to a critical area, and includes, but is not limited to, the following: 1. "Creation" means actions performed to intentionally establish a wetland at a site where it did not formerly exist. 2. "Reestablishment" means actions performed to restore processes and functions to an area that was formerly a critical area, where the former critical area was lost by past alterations and activities. 3. "Rehabilitation" means improving or repairing processes and functions to an area that is an existing critical area that is highly degraded because one or more environmental processes supporting the critical area have been disrupted. 4. "Enhancement" means actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality. 5. "Preservation" means actions taken to ensure the permanent protection of existing high - quality wetlands. "Creation" means a compensation project performed to intentionally establish a wetland or stream at a site where one did not formerly exist. "Critical aquifer recharge areas (CARAs)" ^ s that ^ a^t^....:^^a to hayp a .,fi^ � are areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge, as "identified in t4e-C+• ,�. These areas are identified on the City's GIS using information provided by Olympic View Water and Sewer District, as periodically updated. "Critical areas" for the city of Edmonds means wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat draft Edmonds CARA ECDC 23.60 v5 11.29.23 12 Commented [MC10]: DoH recommended change WAC 365-190-030(3) Commented [CM11]: OV to provide City updated mapping Packet Pg. 484 9.1.a Draft Edmonds CARA Update 2023 conservation areas as defined in Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC, respectively. "Deleterious substances" include, but are not limited to, chemical and microbial substances that are not classified as hazardous materials per this chapter, whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitorine reauirements or treatment -based standards are enforced under Chaoter 246- 290 WAC. "Development proposal" means any activity relating to the use and/or development of land requiring a permit or approval from the city, including, but not limited to: commercial or residential building permit; binding site plan; conditional use permit; franchise; right-of-way permit; grading and clearing permit; mixed use approval; planned residential development; shoreline conditional use permit; shoreline substantial development permit; shoreline variance; short subdivision; special use permit; subdivision; flood hazard permit; unclassified use permit; utility and other use permit; variance; rezone; or any required permit or approval not expressly exempted by this title. "Director" means the city of Edmonds development services director or his/her designee. "Division" means the planning division of the city of Edmonds development services department. "Enhancement" means an action taken to improve the condition and function of a critical area. In the case of wetland or stream, the term includes a compensation project performed to improve the conditions of an existing degraded wetland or stream to increase its functional value. "Erosion" means the process in which soil particles are mobilized and transported by natural agents such as wind, rain, frost action, or stream flow. Erosion Hazard Areas. See ECDC 23.80.020(A). Fish and Wildlife Habitat Conservation Areas. See Chapter 23.90 ECDC. "Floodplain" means the total area subject to inundation by a "100-year flood." "100-year flood" means a flood having a one percent chance of being equaled or exceeded in any given year. "Footprint of existing development" or "footprint of development" means the area of a site that contains legally established: buildings; roads, driveways, parking lots, storage areas, walkways or other areas paved with concrete, asphalt or compacted gravel; outdoor swimming pools; patios. Frequently Flooded Areas. See Chapter 23.70 ECDC. "Functions" means the roles served by critical areas including, but not limited to: water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, draft Edmonds CARA ECDC 23.60 v5 11.29.23 13 Packet Pg. 485 9.1.a Draft Edmonds CARA Update 2023 conveyance and attenuation; ground water recharge and discharge; erosion control; wave attenuation; aesthetic value protection; and recreation. These roles are not listed in order of priority. Geologically Hazardous Areas. See Chapter 23.80 ECDC. "Geologist" means a person licensed as a geologist, engineering geologist, or hydrologist in the state of Washington. For geologically hazardous areas, an applicant may choose a geologist or engineering geologist licensed in the state of Washington to assess the potential hazard. "Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil engineer in the state of Washington who has at least five years of professional employment as a geotechnical engineer in responsible charge including experience with landslide evaluation. "Grading" means any one or a combination of excavating, filling, or disturbance of that portion of the soil profile which contains decaying organic matter. "Habitats of local importance" means areas that include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alterations such as cliffs, talus, and wetlands. In urban areas like the city of Edmonds, habitats of local importance include biodiversity areas and corridors, which are characterized by a framework of ecological components which provides the physical conditions necessary for ecosystems and species populations to survive in a human -dominated landscape. "Hazardous materials" means any material, either singularly or in combination, that is a physical or health hazard, whether the materials are in usable or waste condition; and any material that may degrade surface water or groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged. Hazardous materials also include: all materials defined as or designated by rule as a dangerous waste or extremely hazardous waste under Chapter 70A.300 RCW and Chapter 173-303 WAC; hazardous materials also include petroleum or petroleum products that are in liquid phase at ambient temperatures, including any waste oils or sludges. "Hazardous materials inventory (HMI)" is an inventory of all current and anticipated types and quantities of hazardous materials that will be stored, handled, treated, used, produced, recycled, or disposed of at a facility as required in ECDC 23.60.030.C.2, Hazardous Materials Inventory (HMI). "Hazardous materials management plan (HMMP)" is a plan completed by the operator that demonstrates how the facility implements required BMPs as required in ECDC 23.60.030.C.: Hazardous Materials Management Plan (HMMP). draft Edmonds CARA ECDC 23.60 v5 11.29.23 14 Commented [MC12]: Hazardous Waste Manager Packet Pg. 486 9.1.a Draft Edmonds CARA Update 2023 "In -lieu fee program" means a program which sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the in - lieu program sponsor, a governmental or nonprofit natural resource management entity. Landslide Hazard Areas. See ECDC 23.80.020(B). "Mitigation" means the use of any or all of the following actions for activities and development on sites containing critical areas, except critical area aquifer recharge areas, which are listed in descending order of pFefeFe riorit : 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps such as project redesign, relocation, or timing to avoid or reduce impacts; 3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project; 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods; 5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; 6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and 7. Monitoring the hazard or other required mitigation and taking remedial action when necessary. "Native vegetation" means vegetation comprised of plant species which are indigenous to the Puget Sound region and which reasonably could have been expected to naturally occur on the site. "Native vegetation" does not include noxious weeds as defined by the state of Washington or federal agencies. "Normal maintenance of vegetation" means removal of shrubs/nonwoody vegetation and trees (less than four -inch diameter at breast height) that occurs at least every other year. Maintenance also may include tree topping that has been previously approved by the city in the past five years. draft Edmonds CARA ECDC 23.60 v5 11.29.23 15 Commented [MC13]: Change per DoH guidance 2 :i Packet Pg. 487 9.1.a Draft Edmonds CARA Update 2023 "Noxious weeds" means any plant that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to those plants on the state noxious weed list contained in Chapter 16-750 WAC. "Planning staff" means those employed in the planning division of the city of Edmonds development services department. "Qualified critical areas consultant" or "qualified professional" means a person who has the qualifications specified below to conduct critical areas studies pursuant to this title, and to make recommendations for critical areas mitigation. For geologically hazardous areas, the qualified critical areas consultant shall be a geologist or engineering geologist licensed in the state of Washington to assess the potential hazard. If development is to take place within a geologically hazardous area, the qualified critical areas consultant developing mitigation plans and design shall be a professional engineer licensed in the state of Washington and familiar with landslide and slope stability mitigation. For wetlands and streams, the qualified critical areas consultant shall be a specialist in botany, fisheries, wetland biology, and/or hydrology with a minimum of five years' field experience with wetlands and/or streams in the Pacific Northwest. Requirements defining a qualified critical areas consultant or qualified professional are contained within the chapter on each critical area type. For critical aquifer recharge areas, the qualified professional must be a currently licensed Washington State geologist holding a current specialty license in hydrogeology. "Reasonable economic use(s)" means the minimum use to which a property owner is entitled under applicable state and federal constitutional provisions in order to avoid a taking and/or violation of substantive due process. "Recharge" means the process involved in the absorption and addition of water from the unsaturated zone to groundwater. "Redeveloped land(s)" means those lands on which existing structures are demolished in their entirety to allow for new development. The director shall maintain discretion to determine if the demolition of a majority of existing structures or portions thereof constitute the redevelopment of a property or subject parcel. "Restoration" means the actions necessary to return a stream, wetland or other critical area to a state in which its stability, functions and values approach its unaltered state as closely as possible. For wetlands, restoration as compensatory mitigation may include reestablishment or rehabilitation. Seismic Hazard Areas. See ECDC 23.80.020(C). "Species of local importance" means those species that are of local concern due to their population status, their sensitivity to habitat manipulation, or that are game (hunted) species. (See ECDC 23.90.010(A)(4).) draft Edmonds CARA ECDC 23.60 v5 11.29.23 16 Commented [MC14]: DoH recommended langua Packet Pg. 488 9.1.a Draft Edmonds CARA Update 2023 "Storm Water Management Manual" means the storm water manual specified in Chapter 18.30 ECDC. "Streams" means any area where surface waters produce a defined channel or bed which demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices (drainage ditches) or other entirely artificial watercourses unless they are used by salmonids or used to convey streams naturally occurring prior to construction of such watercourse. Streams are further classified into Categories S, F, Np and Ns and fishbearing or nonfishbearing 1, 2 and 3. (See ECDC 23.90.010(A)(1).) "Title" means all chapters of the city of Edmonds Development Code beginning with the digits 23. "Undeveloped land(s)" means land(s) on which manmade structures or land modifications (clearing, grading, etc.) do not exist. The director retains discretion to identify undeveloped land(s) in those instances where historical modifications and structures may have existed on a property or subject parcel in the past. "Underground Infection Control Well" as defined in Chapter 173-218 WAC and associated guidance documents. "Wellhead protection area (WHPA)" means protective areas associated with public drinking water sources established by water systems and approved or assigned by the state Department of Health. the ;;Pd ;-_-hSidPf;;ce ;;Pp—;; swicFewnding a we." A.F v.xpll field that supplies a Public wateF system ..h which r ntAmi..AntI; A a likely to pass a Rd eye Rtua!l., r aGh the ...;t.,r ..,Ills\ as deriRn ate d. --in d. er the [Peal., ral r'I(.-... %Vater A G t. "Wetland functions" means those natural processes performed by wetlands, such as facilitating food chain production; providing habitat for nesting, rearing and resting sites for aquatic, terrestrial or avian species; maintaining the availability and quality of water; acting as recharge and/or discharge areas for ground water aquifers; and moderating surface water and storm water flows. "Wetland mitigation bank" means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources. "Wetlands" means those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands draft Edmonds CARA ECDC 23.60 v5 11.29.23 17 Commented [MC15]: New definition related to stormwater in CARAs Commented [MC16]: DoH recommended changE WAC 365-190-030(23) Packet Pg. 489 9.1.a Draft Edmonds CARA Update 2023 created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands if permitted by the city (WAC 365-190-030(22)). Wetlands are further classified into Categories 1, 2, 3 and 4. (See ECDC 23.50.010(B).) [Ord. 4026 § 1 (Att. A), 2016; Ord. 3952 § 1, 2013; Ord. 3931 § 2, 2013; Ord. 3527 § 2, 2004. Formerly 23.40.3201. draft Edmonds CARA ECDC 23.60 v5 11.29.23 18 Packet Pg. 490 9.1.b March 14, 2024 To: Edmonds City Council Members From: Edmonds Planning Board Members Subject: Amended CARA Code Update Recommendation Background On March 13, 2024, the Planning Board revisited and deliberated on our initial November 29, 2023 recommendation slated to go to the City Council regarding the draft language in the Critical Aquifer Recharge Area (CARA) code amendment in light of new information provided by staff and legal counsel from the city's attorney. The initial Planning Board recommendation on November 29, 2023, approved staff's recommendation with two modifications: 1) Remove mitigation section in 23.60.030(d)(1)(c); and 2) Disallow any UIC wells —shallow or drilled— in the QV areas of the Deer Creek aquifer but allow shallow UIC wells in the other areas of that watershed. Staff provided additional clarification to the Board at their March 13, 2024 meeting regarding shallow UICs in the Deer Creek CARA. The Deer Creek CARA is characterized almost exclusively by low intensity single-family residential development. In addition, there are portions of that CARA that are in closed stormwater basins with no existing stormwater infrastructure. Between the less intensive land uses and the inability to move stormwater out of the area due to lack of infrastructure, infiltration is a needed treatment option, even in the QVa soils. Deep UIC wells would still be prohibited within the Deer Creek CARA. However, shallow UICs would be allowed both outside and inside of the QVa soils since that is a treatment technique consistent with Ecology requirements and one available in closed stormwater basins with no infrastructure. The additional treatment proposed by staff for shallow UICs would exceed Ecology requirements, therefore being more protective than otherwise required. The proposed language also protects the entire capture area for the Deer Creek CARA (10-year travel zone plus buffer), which exceeds Department of Health requirements. If the Departments of Health and Ecology indicate further protective measures are to be implemented based on the best available science, the City's code already is set up to adopt those new guidelines. Updated Recommendation After deliberation and reconsideration, the Board voted 3-1, with one recusal, to remove the second modification from the original January 24, 2024 recommendation. Shallow UIC wells would be allowed throughout the Deer Creek aquifer, including in the QVa soils. Packet Pg. 491 9.1.b January 24, 2024 Recommendation To: Edmonds City Council Members From: Edmonds Planning Board Members Subject: CARA Code Background The Planning Board (PB) received its first briefing on the Critical Aquifer Recharge Area (CARA) Code on May 24, 2023 and began its review of the draft code in a work session at the July 12, 2023 PB meeting. The PB considered the result of Planning Department staff's work with Olympic View Water & Sewer District (OVWSD) to develop appropriate protections for the groundwater supply of drinking water that serves a portion of the city's residents. A public hearing was begun at the PB meeting on July 26, 2023, and carried over to the August 23, 2023 meeting. However, since discussions with OVWSD were incomplete at that time, particularly in relation to the stormwater code, the PB closed the public hearing for a later date. Finally, a second public hearing was conducted on November 29, 2023 and the PB agreed to a recommendation to Council. During the course of discussing the code, PB members raised several issues of concern that staff addressed with additional information and revisions. Greywater in the aquifer areas was considered because of its water conservation value. However, in the end, PB members agreed that it was best to prohibit greywater in the CARA because it can contain potential contaminants that could infiltrate into the aquifer, particularly in the areas that are very shallow with no confining layer of soil to provide protection. The idea of requiring Pollution Liability Insurance to fund cleanups if there is a spill where a risky use is allowed was floated in the discussion. Without additional information on how that could work in this situation, the idea was not incorporated into the recommendation. Some public comment was received during the public hearing about the potential of new regulations related to Detached Accessory Dwelling Units (DADUs) and other middle housing having a negative impact in the CARA. After some consideration, PB members were in consensus that any housing restrictions related to the CARA should occur in the housing code or policies, not in the CARA code, especially since the state housing bills exempted those types of housing in CARA designated areas. During the public hearings, the PB also heard public comment from an individual and OVWSD about the importance of the stormwater code to providing appropriate protections. Some of those comments were addressed in the course of discussions between OVWSD and Edmonds Planning Department staff and were reflected in the final version of the code presented to the PB. A part of the PB recommendation included modifications to the staff recommended code to accommodate the concerns expressed during public comment. Packet Pg. 492 9.1.b Recommendation Planning Department and Public Works staff were commended at the public hearings by OVWSD for their collaborative and thorough work on the code. There were two remaining issues that OVWSD brought to the PB's attention at the public hearing, however. One of the concerns was about mitigation in the CARAs. The proposed code includes mitigation standards that would apply specifically to CARAs, pending review by the state Department of Health. However, individual PB member conversation with DOH revealed that their position is that there is no mitigation for critical areas because the whole point is to avoid the problem in the first place. For this reason, the PB recommendation includes the modification to remove the mitigation section in 23.60.030(D)(1)(C). The second issue OVWSD identified was of concern to PB members: allowing underground injection control (UIC) wells in the Deer Creek aquifer, while they were being prohibited in the 228th St. aquifer area. This form of stormwater control was discussed because the Deer Creek aquifer has areas where there is no confining layer of soil to allow for any filtering of contaminants from stormwater. PB discussion evolved around the balance of protecting the aquifer and the limitations of development or redevelopment in the Deer Creek aquifer where there is no other type of stormwater control available. Understanding these conflicting interests, the PB considered prohibiting UIC wells only in the area of the Deer Creek aquifer where there is little or no confining layer, called the QV area of the aquifer. That compromise was supported by the majority of the PB members, so it was included in the final recommendation from the PB. The recommendation to Council from the PB, passed with one member abstaining, is: to recommend approval of the CARA code as proposed by staff with two modifications: 1) remove mitigation section in 23.60.030(d)(1)(c); and 2) disallow any UIC wells — shallow or drilled — in the QV areas of the Deer Creek aquifer but allow shallow UIC wells in the other areas of that watershed. Packet Pg. 493 F94 3 IM DrEMMS - - Mw•,\1r•,:rre 9.1.d reatment Required per DOE I Soil Treatment Capacitv Pollutant Loading High Medium Low Insignificant Insignificant Two -Stage Drywell Two -Stage Drywell Two -Stage Drywell Two -Stage Drywell Low Two -Stage Drywell Pretreament Pretreament Remove Solids Medium Pretreament Remove Solids Remove Solids Remove Solids High reatment Required per COE Pollutant Loading Remove Oil Remove Oil Soil Treatment Remove Oil and Solids Capacity Remove Oil and Solids High Medium Low Insignificant Insignificant Pretreatment Pretreament Remove Solids Remove Solids Low Remove Solids Remove Solids Remove Solids Remove Solids Medium Remove Oil and Solids Remove Oil and Solids Remove Oil and Solids Remove Oil and Solids Remove Oil and Remove Oil and Remove Oil and Remove Oil and MGM � �II1Ri� �IMGIWQ��M11CR ca 0 0 0 w ca s U 0 An M a E 0 U r c d E c� m L L 3 E 0 U) I* Packet Pg. 495 10.1 City Council Agenda Item Meeting Date: 03/19/2024 Planning Study for Edmonds Marsh and Estuary Restoration Staff Lead: Oscar Antillon Department: Public Works & Utilities Preparer: Emiko Rodarte Background/History In partnership with a citizen volunteer group, the City applied for a National Fish and Wildlife Foundation Grant to support the planning process for the eventual restoration of the Edmonds Marsh. The scope of the work includes completing a gap analysis of the existing data, listing restoration alternatives, potential impact of exposing contaminated soil to surface water, listing the permits and approvals required for restoration, evaluating project land purchase and restoration funding options, identifying a process that defines community goals for the marsh and producing a scoping document that lists the tasks required to complete the restoration plan. Staff Recommendation Staff Recommends this item be placed on the March 19th consent agenda for approval with the following actions: 1. Authorize the Mayor to sign the grant agreement (attachment 1) with National Fish and Wildlife Foundation Grant. 2. Authorize budget authority for staff to expend time and professional services beginning in March 2024 to work on the study. The matching funds for the grant will be provided by the March restoration and preservation fund. A second quarter budget amendment will be submitted to program the grant funding, local match, and expenditures in the stormwater utility fund. 3. Authorize the advertisement of a Request for Qualifications in accordance with the City's Purchasing Policy to select a consultant to complete the study. Refer to attachment 2 for the scope of work. Project Abstract Proposed restoration planning tasks include assembling and identifying gaps in the existing data, listing restoration alternatives, assessing the potential impact of exposing contaminated soil to surface water, listing the permits and approvals required for restoration, evaluating project land purchase and restoration funding options, identifying a process that defines community goals for the marsh, and producing a scoping document that lists the tasks required to complete a restoration plan. Updated hydrologic and hydraulic modeling will assess the effect of recreating the estuary on flood levels in the marsh, estuary and developed portions of the City under increasingly intense storms and Packet Pg. 496 10.1 rising sea level. Previous modeling did not address complete removal of fill from the original wetland area of the Unocal property. The City of Edmonds owns the 22 acre marsh and Marina Beach Park. The City has a first right of refusal to purchase the adjacent 22 acre Unocal property for the purpose of excavating the site and restoring the estuary for the marsh through Marina Beach Park. The Unocal property is contaminated and undergoing clean-up under the direction of the Department of Ecology. There are certain risks due to potential remaining contamination. Attachments: Attachment 1 - Agreement Attachment 2 - Scope of work Packet Pg. 497 10.1.a 1. NFWF PROPOSAL ID: 2. NFWF GRANT ID: NATIONAL FISH AND WILDLIFE 79945 0318.24.079945 FOUNDATION 3. UNIQUE ENTITY IDENTIFIER 4. INDIRECT COST RATE bH 4NOY GRANT AGREEMENT (UEI) (REFERENCE LINE 17 for RATE NFIAQNT457R7 TERMS) N/A S. SUBRECIPIENT TYPE 6. NFWF SUBRECIPIENT State or Local Government City of Edmonds 7. NFWF SUBRECIPIENT CONTACT 8. NFWF GRANTS ADMINISTRATOR/NFWF CONTACT INFORMATION Oscar Antillon Graeme Logan City of Edmonds National Fish and Wildlife Foundation 1215th Ave N 1133 15t" Street, N.W. Suite 1000 Edmonds, WA 98020 Washington, D.C. 20005 Tel: (425) 771-0235 Tel:202-857-0166 Oscar.Antillon@Edmondswa.gov Fax: 202-857-0162 graeme.logan@nfwf.org 9. PROJECT TITLE Building Capacity for Edmonds Marsh and Estuary Restoration (WA) 10. PROJECT DESCRIPTION Collect and evaluate existing data, develop a planning process, assess the impact of contaminated soil exposure, and update hydrologic and hydraulic models to assess the effect of restoration on flood levels in the marsh, estuary, and developed portions of the City of Edmonds. Project will support the planning process for the restoration of the Edmonds Marsh, adding rare estuary and juvenile salmon habitat to Puget Sound and reducing flood risks to the city. 11. PERIOD OF PERFORMANCE 12. TOTAL AWARD TO 13. TOTAL FED. 14. TOTAL NON -FED. June 1, 2023 to December 20, 2024 SUBRECIPIENT FUNDS FUNDS $135,000 $35,000 $100,000 15. FEDERAL MATCH REQUIREMENT 16. NON-FEDERAL MATCH REQUIREMENT N/A $91,000 17. SUBRECIPIENT INDIRECT COST RATE TERMS The rate specified in Line 4 reflects that the Subrecipient has elected not to claim an indirect cost rate and that this election shall apply throughout the project's period of performance. 18. TABLE OF CONTENTS SEC. DESCRIPTION 1 NFWF Agreement Administration 2 NFWF Agreement Clauses 3 Representations, Certifications, Obligations, and Other Statements — General 4 Representations, Certifications, and Other Statements Relating to Federal Funds- General 5 Representations, Certifications, and Other Statements Relating to Federal Funds — Funding Source Specific 6 Other Representations, Certifications, Statements and Clauses Page 1 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 0 w co L 0 N d cU 3 w cU s L CU c 0 E w L 0 3 CD c c ca a m E 0 d L CM El Packet Pg. 498 10.1.a 19. FUNDING SOURCE INFORMATION/FEDERAL AND NON-FEDERAL A. FUNDING SOURCE B. NFWF FS C. FS AWARD D. FAIN E. TOT FED. AWARD F. TOT OBLG. G. FS END H. CFDA (FS) ID DATE TO NFWF TO NFWF TO DATE SUBRECIPIENT National Oceanic FC.R562 08/23/2023 NA23NOS4730219 $96,790,126.00 $29,200.84 05/30/2028 11.473 And Atmospheric Administration National Oceanic FC.R537 07/21/2022 NA22NOS4730208 $96,820,677.00 $5,799.16 05/31/2027 11.473 And Atmospheric Administration Salesforce TR.A425 N/A N/A N/A $100,000 12/31/2024 N/A 20. NOTICE OF AWARD The National Fish and Wildlife Foundation (NFWF) agrees to provide the NFWF Award to the NFWF Subrecipient for the purpose of satisfactorily performing the Project described in a full proposal as identified on line 1 and incorporated into this Agreement by reference. The NFWF Award is provided on the condition that the NFWF Subrecip agrees that it will raise and spend at least the amount listed on lines 15 and 16 in matching contributions on the Project, as applicable. The Project must be completed, with 1 NFWF funds and matching contributions spent, during the Period of Performance as set forth above. All items designated on the Cover Page and the Table of Contents are incorporated into this Agreement by reference herein. NFWF Subrecipient agrees to abide by all statutory or regulatory requirements, or obligations otherwise required by I Subrecipient is obligated to notify NFWF if any of the information on the Cover Page changes in any way, whether material or immaterial. A. NAME AND TITLE OF AUTHORIZED SUBRECIPIENT SIGNER (Type or Print) D. NAME AND TITLE OF NFWF AWARDING OFFICIAL Holly A. Bamford, PhD, Chief Conservation Officer B. SUBRECIPIENT C. DATE E. NATIONAL FISH AND WILDLIFE FOUNDATION F. DATE BY BY NFWF prohibits discrimination in all its programs and activities on the basis of race, color, religion, age, sex, national origin, ancestry, marital status, personal appearance, citizen status, disability, se orientation, gender identity or expression, pregnancy, child birth or related medical conditions, family responsibilities, matriculation, genetic information, political or union affiliation, veteran status a other status protected by applicable law ("Protected Categories"). In addition, NFWF prohibits retaliation against an individual who opposes an unlawful educational practice or policy or files a chat testifies or participates in any complaint under Title V1. NFWF complies with all applicable federal, state and local laws in its commitment to being an equal opportunity provider and employer, accordingly, it is NFWF's policy to administer all employment actions, including but not limited to, recruiting, hiring, training, promoting, and payment of wages, without regard to any Protected Cotegory(ies). See Reporting Schedule on the following page. Page 2 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 499 10.1.a 21. REPORTING DUE DATES/SUBRECIPIENT REPORTING SCHEDULE Reporting Task Task Due Date Annual Financial Report June 1, 2024 Interim Programmatic Report June 1, 2024 Interim Financial Report June 1, 2024 Interim Financial Report December 1. 2024 Final Financial Report March 20, 2025 Final Programmatic Report March 20, 2025 Page 3 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 500 10.1.a SECTION 1 NFWF AGREEMENT ADMINISTRATION 1.1. Amendments. During the life of the Project, the NFWF Subrecipient is required to immediately inform in writing the NFWF Grants Administrator of any changes in contact information, Key Personnel, scope of work, indirect cost rate, as well as any difficulties in completing the performance goals articulated in the Project description. NFWF Subrecipients must request an amendment from NFWF upon determination of a deviation from the original Grant Agreement as soon as such deviation is detected. NFWF reserves the right to approve, deny and/or negotiate any such request. Alternatively, NFWF may initiate an amendment if NFWF determines an amendment is necessary at any time. Amendment requests are to be submitted via NFWF's grants management system. 1.1.1. Budget Amendment Request. If the NFWF Subrecipient determines that: 1) the amount of the budget is going to change in any one direct cost category by an amount that exceeds 10% of the Award, or 2) there is a need to increase indirect costs, the NFWF Subrecipient must seek prior written approval via an amendment request in NFWF's grants management system. 1.1.2. Extension of Performance Period. If additional time is needed to complete the approved Project, the NFWF Subrecipient should contact the NFWF Grants Administrator at least 45 calendar days prior to the project period expiration date to initiate the no -cost extension request process in NFWF's grants management system. In addition, if there are overdue reports required, the NFWF Subrecipient must ensure that they are submitted along with or prior to submitting the no - cost extension request. 1.2. Matching Contributions. Matching Contributions consist of cash, contributed goods and services, volunteer hours, and/or property raised and spent for the Project. Matching Contributions for the purposes of this Project must meet the following criteria: (1) Are verifiable from the NFWF Subrecipient's records; (2) Are not included as contributions for any other federal award; (3) Are necessary and reasonable for the accomplishment of project or program objectives; (4) Are allowable under OMB Cost Principles; (5) Are not paid by the U.S. Government under another federal award except where the federal statute authorizing a program specifically provides that federal funds made available for such program can be applied to matching or cost sharing requirements of other federal programs when authorized by federal statute; (6) Are provided for in the approved budget when required by the federal awarding agency; (7) Are committed directly to the project and must be used within the period of performance as identified in this Agreement; (8) Otherwise conform to the law; and, (9) Are in compliance with the requirements of Section 3.3 of this Agreement concerning Compliance with Laws. Page 4 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 501 10.1.a 1.2.1. Documentation and Reporting of Matching Contributions. The NFWF Subrecipient must retain supporting documentation, including detailed time records for contributed services, original receipts, appraisals of real property, and comparable rentals for other contributed property, at its place of business in the event of an audit of the NFWF Subrecipient as required by applicable federal regulations. The NFWF Subrecipient must report match progress in Payment Requests and Financial Reports. 1.2.2. Assessing Fair Market Value. Fair market value of donated goods, services and property, including volunteer hours, shall be computed as outlined in §200.306 of 2 CFR Subtitle A, Chapter II, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (hereinafter "OMB Uniform Guidance"), regardless of whether this Agreement is federally funded. 1.3. Payment of Funds. To be eligible to receive funds, NFWF Subrecipient must submit to NFWF (1) an original executed copy of this Agreement for the Project; (2) any due financial and programmatic reports; and (3) a complete and accurate Payment Request via NFWF's grants management system. At any time, NFWF reserves the right to require submission of source documentation, including but not limited to timesheets, cash receipts, contracts or subaward agreements, for any costs where the NFWF Subrecipient is seeking reimbursement by NFWF. NFWF reserves the right to retain up to ten percent (10%) of funds until submission and acceptance of final reports. 1.3.1. Reimbursements. NFWF Subrecipient may request funds on a reimbursable basis. Reimbursement requests must include expenditures to date and an explanation of any variance from the approved budget. 1.3.2. Advances. NFWF Subrecipient may request advance payment of funds prior to expenditure provided that the NFWF Subrecipient: (1) demonstrates an immediate need for advance payment; (2) documents expenditure of advanced funds; 3) maintains written procedures that minimize the time elapsing between the transfer of funds and disbursement; and (4) has established appropriate financial management systems that meet the needs and standards for fund control and accountability. Approval of any advance payment of funds is made at the sole discretion of NFWF, based on an assessment of the NFWF Subrecipient's needs. 1.3.3. Interest. Any interest earned in any one year on funds advanced to the NFWF Subrecipient that exceeds $500 must be reported to NFWF, and the disposition of those funds negotiated with NFWF. Interest amounts up to $500 per year may be retained by the NFWF Subrecipient for administrative expense. Page 5 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 502 10.1.a 1.4. Reports. 1.4.1. Interim Programmatic Reports. The NFWF Subrecipient will submit interim programmatic reports to NFWF based on the reporting schedule in Line 21 of the Cover Sheet to this Agreement, as may be amended at NFWF's sole discretion. The interim programmatic report shall consist of written statements of Project accomplishments and updated metric values since Project initiation, or since the last reporting period, and shall be submitted via NFWF's grants management system. NFWF may require specific formatting and/or additional information as appropriate. 1.4.2. Interim Financial Reports. The NFWF Subrecipient will submit interim financial reports to NFWF based on the reporting schedule in Line 21 of the Cover Sheet to this Agreement, as may be amended at NFWF's sole discretion. The interim financial report shall consist of financial information detailing cumulative expenditures made under this Project since Project initiation and shall be uploaded via NFWF's grants management system. NFWF may require specific formatting and/or additional information as appropriate. 1.4.3. Annual Financial Report. The NFWF Subrecipient will submit annual financial reports to NFWF based on the reporting schedule in Line 21 of the Cover Sheet to this Agreement, as may be amended at NFWF's sole discretion. The NFWF Subrecipient must enter a justification when there is a difference between the amount disbursed by NFWF and the amount expended by the grantee. Failure to submit an annual financial report in a timely manner will delay payment of submitted payment requests. 1.4.4. Final Reports. Based on the reporting schedule in Line 21 of the Cover Sheet to this Agreement, the NFWF Subrecipient will submit (1) a Final Financial Report accounting for all Project funds received, Project expenditures, and budget variances (if any) compared to the approved budget; (2) a Final Programmatic Report summarizing and documenting the accomplishments and metric values achieved during the Period of Performance; (3) copies of any publications, press releases and other appropriate products resulting from the Project; and (4) photographs as described in Section 1.4.3.1 below. The final reports and digital photo files should be uploaded via NFWF's grants management system. Any requests for extensions of final report submission dates must be made in writing to the NFWF Grants Administrator and approved by NFWF in advance. NFWF may require specific formatting and/or additional information as appropriate. 1.4.4.1. Photographs. NFWF requests, as appropriate for the Project, a representative number of high - resolution (minimum 300 dpi) photographs depicting the Project (before -and -after images, images of species impacted, and/or images of staff/volunteers working on the Project). Photographs should be uploaded with the Final Programmatic Report via NFWF's grants management system as individual Jpg files. The Final Programmatic Report narrative should list each photograph, the date the photograph was taken, the location of the photographed image, caption, photo Page 6 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 503 10.1.a credit, and any other pertinent information (e.g., species, activity conducted)describing what the photograph is depicting. By uploading photographs to NFWF's grants management system the NFWF Subrecipient certifies that the photographs are unencumbered and that NFWF and Project Funders have a fully paid up non-exclusive, royalty -free, irrevocable, perpetual, worldwide license for posting of Final Reports and for any other purposes that NFWF or the Project Funder determines appropriate. 1.4.5. Significant Developments. The NFWF Subrecipient shall report on events that may occur between the scheduled performance reporting dates that have a significant impact on the Project. Such reporting shall be made as soon as the following conditions become known: 1.4.5.1. Problems, delays, or adverse conditions which will materially impair the ability to meet the Project objective, including but not limited to the objective itself, its schedule and/or the budget. This disclosure must include a statement of the action taken, or contemplated, and any assistance needed to resolve the matter; and/or, 1.4.5.2. Favorable developments which enable meeting time schedules and objectives sooner or at less cost than anticipated or produce more or different beneficial results than originally planned. 1.5. Reports and Payment Requests. All reports, financial, programmatic, or otherwise, or payment requests under a federal award must be submitted by a representative of the NFWF Subrecipient who has the NFWF Subrecipient's full authority to render such reports and requests for payment and to provide required certifications as set forth in 2 CFR 200.415, as applicable. 1.6. Record Retention and Access. 1.6.1. Retention Requirements for Records. NFWF Subrecipient shall maintain all records connected with this Agreement for a period of at least three (3) years following the latest end date of the funding source(s) referenced above in line 19. FUNDING SOURCE INFORMATION/FEDERAL AND NON-FEDERAL or the close-out of all pending matters or audits related to this Agreement, whichever is later. As funding source end dates may be extended over time, the NFWF Subrecipient will be notified of the most up-to-date record retention requirements upon closure of this Award. If any litigation, claim, or audit is started (irrespective of the NFWF Subrecipient's involvement in such matter) before the expiration of the 3-year period, the records shall be retained until all litigation, claims or audit findings or pending matters involving the records have been resolved and final action taken. NFWF shall notify NFWF Subrecipient if any such litigation, claim or audit takes place or if funding source end dates) is extended so as to extend the retention period. Records for real property and equipment acquired with federal funds must be retained for at least three (3) years following disposition of such real property. For awards solely funded with funding sources with "N/A" listed as the end date, NFWF Subrecipient shall maintain all records connected with this Agreement Page 7 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 504 10.1.a for a period of at least three (3) years following the date of final payment or the Period of Performance end date, whichever is later. 1.6.2. Access to Records. NFWF or any of its authorized representatives shall have access to such records and financial statements upon request, as shall Inspectors General, the Comptroller General of the United States or any of their authorized representatives if the Funding Source or any funding entity (i.e., a secondary funding source) is a federal agency and/or any portion of the Project provided herein is paid with federal funds. The rights of access in this section are not limited to the required retention period but last as long as the records are retained. Page 8 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 505 10.1.a SECTION 2 NFWF AGREEMENT CLAUSES 2.1. Restrictions on Use of Funds. The NFWF Subrecipient agrees that any funds provided by NFWF and all Matching Contributions will be expended only for the purposes and programs described in this Agreement. No funds provided by NFWF pursuant to this Agreement or Matching Contributions may be used to support litigation expenses, lobbying activities, or any other activities not authorized under this Agreement or otherwise unallowable under the Federal Cost Principles set forth in the OMB Uniform Guidance. 2.2. Assignment. The NFWF Subrecipient may not assign this Agreement, in whole or in part, to any other individual or other legal entity without the prior written approval of NFWF. 2.3. Subawards and Contracts. When making subawards or contracting, NFWF Subrecipient shall:(1) abide by all applicable granting and contracting procedures, including but not limited to those requirements of the OMB Uniform Guidance (2 C.F.R. Part 200); (2) ensure that all applicable federal, state and local requirements are properly flowed down to the subawardee or contractor, including but not limited to the applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part 200); and (3) ensure that such subaward or contracting complies with the requirements in Section 3.3 of this Agreement concerning Compliance with Laws. NFWF Subrecipient shall also include in any subaward or contract a similar provision to this, requiring the use of proper grant and contracting procedures and subsequent flow down of federal, state, and local requirements to lower -tiered subawardees and contractors. 2.4. Unexpended Funds. Any funds provided by NFWF and held by the NFWF Subrecipient and not expended at the end of the Period of Performance will be returned to NFWF within ninety (90) days after the end of the Period of Performance. 2.5. Publicity, Acknowledgment of Support, and Disclaimers. 2.5.1. Publicity. The NFWF Subrecipient gives NFWF the right and authority to publicize NFWF's financial support for this Agreement and the Project in press releases, publications, and other public communications. 2.5.2. Acknowledgment of Support. The NFWF Subrecipient agrees to: (1) give appropriate credit to NFWF and any Funding Sources identified in this Agreement for their financial support in any and all press releases, publications, annual reports, signage, video credits, dedications, and other public communications regarding this Agreement or any of the project deliverables associated with this Agreement, subject to any terms and conditions as may be stated in Section 5 and Section 6 of this Agreement; and (2) include the disclaimer provided at Section 2.5.4. Page 9 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 506 10.1.a 2.5.3. Logo Use. The NFWF Subrecipient must obtain prior NFWF approval for the use relating to this Award of the NFWF logo or the logo or marks of any Funding Source. 2.5.4. Disclaimers. Payments made to the NFWF Subrecipient under this Agreement do not by direct reference or by implication convey NFWF's endorsement nor the endorsement by any other entity that provides funds to the NFWF Subrecipient through this Agreement, including the U.S. Government, as applicable, for the Project. All information submitted for publication or other public releases of information regarding this Agreement shall carry the following disclaimer, which NFWF may revise at anytime at its sole discretion: For Projects funded in whole or part with federal funds: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government or the National Fish and Wildlife Foundation and its funding sources. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government, or the National Fish and Wildlife Foundation or its funding sources." For Projects not funded with federal funds: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions of the National Fish and Wildlife Foundation or its funding sources. Mention of trade names or commercial products does not constitute their endorsement by the National Fish and Wildlife Foundation or its funding sources." 2.6. Posting of Final Reports. The NFWF Subrecipient hereby acknowledges and consents for NFWF and any Funding Source identified in this Agreement to post its final programmatic reports and deliverables on their respective websites. In the event that the NFWF Subrecipient intends to claim that its final report contains material that does not have to be posted on such websites because it is protected from disclosure by statutory or regulatory provisions, the NFWF Subrecipient shall so notify NFWF and any Funding Source identified in this Agreement and clearly mark all such potentially protected materials as "PROTECTED," providing an accurate and complete citation to the statutory or regulatory source for such protection. 2.7. Website Links. The NFWF Subrecipient agrees to permit NFWF to post a link on any or all NFWF websites to any websites created by the NFWF Subrecipient in connection with the Project. 2.8. Evaluation. Throughout a program or business plan, NFWF engages in monitoring and evaluation to assess progress toward conservation goals and inform future decision -making. These efforts use both data collected by grantees as part of their NFWF grant as well as post -award project data collected by third -party entities commissioned to conduct a program evaluation. The NFWF Subrecipient agrees to cooperate with NFWF by providing timely responses to all reasonable requests for information Page 10 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 507 10.1.a to assist in evaluating the accomplishments of the Project period of five (5) years after the project end date. 2.9. Intellectual Property. Reports, materials, books, databases, monitoring data, maps and spatial data, audio/video, and other forms of intellectual property created using this grant may be copyrighted or otherwise legally protected by the NFWF Subrecipient or by the author. The NFWF Subrecipient agrees to provide to NFWF and any Funding Source identified in this Agreement a non-exclusive, royalty -free, irrevocable, perpetual, worldwide license to use, publish, copy and alter the NFWF Subrecipient's intellectual property created using this award for non-commercial purposes in any media — whether now known or later devised — including posting such intellectual property on NFWF's or Funding Source websites and featuring in publications. NFWF retains the right to use project metrics and spatial data submitted by the NFWF Subrecipient to estimate societal benefits that result and to report these results to funding partners on a case -by -case basis as determined by NFWF. These may include but are not limited to: habitat and species response, species connectivity, water quality, water quantity, risk of detrimental events (e.g., wildfire, floods), carbon accounting (e.g., sequestration, avoided emissions), environmental justice, and diversity, equity, and inclusion. 2.10. System for Award Management (SAM) Registration. The NFWF Subrecipient must maintain an active SAM registration at www.SAM.gov until the final financial report is submitted or final payment is received, whichever is later. If the NFWF Subrecipient's SAM registration expires during the required period, NFWF will suspend payment to the NFWF Subrecipient until the SAM registration is updated. 2.11. Arbitration. All claims, disputes, and other matters in question arising out of, or relating to this Agreement, its interpretation or breach, shall be decided through arbitration by a person or persons mutually acceptable to both NFWF and the NFWF Subrecipient. Notice of the demand for arbitration shall be made within a reasonable time, not to exceed three years, after the claim, dispute, or other matter in question has arisen. The award rendered by the arbitrator or arbitrators shall be final. The terms of this provision will survive termination of this Agreement. 2.12. Indemnity. The NFWF Subrecipient shall indemnify and hold harmless NFWF, any Funding Source identified in this Grant Agreement, their respective officers, directors, agents, and employees in respect of any and all claims, injuries, losses, diminution in value, damages, liabilities, whether or not currently due, and expenses including without limitation, settlement costs and any legal or other expenses for investigating or defending any actions or threatened actions or liabilities arising from or in connection with the Project. The terms of this provision will survive termination of this Agreement. 2.13. Insurance. The NFWF Subrecipient agrees to obtain and maintain all appropriate and/or required insurance coverages against liability for injury to persons or property from any and all activities undertaken by the NFWF Subrecipient and associated with this Agreement in any way. NFWF reserves the right to require additional insurance limits and policies based on specific activities under this Agreement, that NFWF be named insured on all applicable insurance policies, and that the NFWF Subrecipient Page 11 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 508 10.1.a provide a certificate of insurance and/or copies of applicable insurance policies as requested by NFWF. The terms of this provision will survive termination of this Agreement. 2.14. Choice of Law/Jurisdiction. This Agreement shall be subject to and interpreted by the laws of the District of Columbia, without regard to choice of law principles. By entering into this Agreement, the NFWF Subrecipient agrees to submit to the exclusive jurisdiction of the courts of the District of Columbia. The terms of this provision will survive termination of this Agreement. 2.15. Stop Work. NFWF may, at any time, by written order to the NFWF Subrecipient, require the NFWF Subrecipient to stop all, or any part, of the work called for by this Agreement for a period of 90 days after the order is delivered to the NFWF Subrecipient. The order shall be specifically identified as a stop - work order issued under this section. Upon receipt of the order, the NFWF Subrecipient shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to this Agreement covered by the order during the period of work stoppage. Within a period of 90 calendar days after a stop -work order is delivered to the NFWF Subrecipient, or within any extension of that period to which the parties shall have agreed, NFWF shall either cancel the stop -work order or terminate the Agreement under section 2.16. 2.16. Termination. 2.16.1. Upon the occurrence of any of the following enumerated circumstances, NFWF may terminate this Agreement, or any portion thereunder, upon receipt by the NFWF Subrecipient of NFWF's written notice of termination, or as otherwise specified in the notice of termination: 2.16.1.1. the NFWF Subrecipient is adjudged or becomes bankrupt or insolvent, is unable to pay its debts as they become due, or makes an assignment for the benefit of its creditors; or, 2.16.1.2. the NFWF Subrecipient voluntarily or involuntarily undertakes to dissolve or wind up its affairs; or, 2.16.1.3. suspension or debarment by the Government of the NFWF Subrecipient; or, 2.16.1.4. any breach of the requirements set forth in Section 3.3 of this Agreement concerning Compliance with Laws; or, 2.16.1.5. NFWF learns that NFWF Subrecipient has an organizational conflict of interest, or any other conflict of interest, as determined in the sole discretion of NFWF, that NFWF believes, in its sole discretion, cannot be mitigated; or, 2.16.1.6. after written notice and a reasonable opportunity, the NFWF Subrecipient is unable to cure a perceived non-compliance with any material term (other than those enumerated at 2.16.1.1— 2.16.1.5) of this Agreement. The cure period shall be considered the timeframe specified by the Funding Source(s), if Page 12 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 509 10.1.a any, minus one (1) to five (5) days or as agreed upon by the Parties in writing, or if no time is specified by the Funding Source(s), ten (10) days or as otherwise agreed upon by the Parties. Within this time period the NFWF Subrecipient shall, as determined by NFWF, (a) satisfactorily demonstrate its compliance with the term(s) originally believed to be in non-compliance; or (b) NFWF, at its sole discretion, may determine that NFWF Subrecipient has satisfactorily demonstrated that reasonable progress has been made so as not to endanger performance under this Agreement; or, 2.16.1.7. if the Funding Source issues an early termination under the funding agreement(s) covering all or part of the Project at issue hereunder. 2.16.2. Either Party may terminate this Agreement by written notice to the other Party for any reason by providing thirty (30) days' prior written notice to the other Party. 2.16.3. In the event of termination of this Agreement prior to Project completion, the NFWF Subrecipient shall immediately (unless otherwise directed by NFWF in its notice if NFWF initiated the termination) undertake all reasonable steps to wind down the Project cooperatively with NFWF, including but not limited to the following: 2.16.3.1. Stop any portion of the Project's work that is incomplete (unless work to be completed and a different date for termination of work are specified in NFWF's notice). 2.16.3.2. Place no further work orders or enter into any further subawards or contracts for materials, services, or facilities, except as necessary to complete work as specified in NFWF's notice. 2.16.3.3. Terminate all pending Project work orders, subawards, and contracts for work that has not yet commenced. 2.16.3.4. With the prior written consent of NFWF, promptly take all other reasonable and feasible steps to minimize and/or mitigate any damages that may be caused by the failure to complete the Project, including but not limited to reasonable settlements of any outstanding claims arising out of termination of Project work orders, subawards, and contracts. NFWF will reimburse the NFWF Subrecipient for non -cancelable allowable costs incurred by the NFWF Subrecipient prior to termination that cannot be mitigated. However, the foregoing is subject to the complete reimbursement of such costs by the Funding Source; accordingly, any amounts ultimately not paid, or which are recouped by the Funding Source, are subject to recoupment by NFWF. 2.16.3.5. Deliver or make available to NFWF all data, drawings, specifications, reports, estimates, summaries, and such other information and material as may have been accumulated by the NFWF Subrecipient under this Agreement, whether completed or in progress. 2.16.3.6. Return to NFWF any unobligated portion of the Award. Page 13 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 510 10.1.a 2.17. Entire Agreement. These terms and conditions, including the Attachments hereto, constitute the entire agreement between the Parties relating to the Project described herein and supersede all previous communications, representations, or agreements, either oral or written, with respect to the subject matter hereof. No representations or statements of any kind made by any representative of a Party, which are not stated herein, shall be binding on said Party. 2.18. Severability. Each provision of this Agreement is distinct and severable from the others. If one or more provisions is or becomes invalid, unlawful, or unenforceable in whole or in part, the validity, lawfulness and enforceability of the remaining provisions (and of the same provision to the extent enforceable) will not be impaired, and the Parties agree to substitute a provision as similar to the offending provision as possible without its being invalid, unlawful or unenforceable. 2.19. Interpretation and Construction. 2.19.1. This Agreement shall be interpreted as a unified contractual document with the Sections and the Attachments having equal effect, except in the event of any inconsistency between them. In the event of a conflict between any portion of this Agreement and another portion of this Grant Agreement, first the Sections will apply in the following order of precedence: 5, 4, 3, 1, 2 and 6, and then any supplemental attachments. 2.19.2. The title designations of the provisions to this Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement. 2.19.3. Every right or remedy conferred by this Agreement upon or reserved to the Parties shall be cumulative and shall be in addition to every right or remedy now or hereafter existing at law or in equity, and the pursuit of any right or remedy shall not be construed a selection. 2.19.4. The failure of NFWF to exercise any right or privilege granted hereunder or to insist upon the performance and/or compliance of any provision of this Agreement, a referenced contractual, statutory or regulatory term, or an Attachment hereto, shall not be construed as waiving any such right, privilege, or performance/compliance issue, and the same shall continue in full force and effect. 2.19.5. Notwithstanding any express statements regarding the continuation of an obligation beyond the expiration or termination of this Agreement, the rights and obligations of this Agreement, which by their nature extend beyond its expiration or termination, shall remain in full force and effect and shall bind the Parties and their legal representatives, successors, heirs, and assigns. Page 14 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 511 10.1.a SECTION 3 REPRESENTATIONS, CERTIFICATIONS, OBLIGATIONS AND OTHER STATEMENTS — GENERAL 3.1. Binding Obligation. By execution of this Agreement, NFWF Subrecipient represents and certifies that this Agreement has been duly executed by a representative of the NFWF Subrecipient with full authority to execute this Agreement and binds the NFWF Subrecipient to the terms hereof. After execution by the representative of the NFWF Subrecipient named on the signature page hereto, this Agreement represents the legal, valid, and binding obligation of the NFWF Subrecipient, enforceable against the NFWF Subrecipient in accordance with its terms. 3.2. Additional Support. In making this Award, NFWF assumes no obligation to provide further funding or support to the NFWF Subrecipient beyond the terms stated in this Agreement. 3.3. Compliance with Laws. 3.3.1. In General. By execution of this Agreement and through its continued performance hereunder, the NFWF Subrecipient represents, certifies and agrees that it is and shall continue to conduct all such activities in compliance with all applicable federal, state, and local laws, regulations, and ordinances and to secure all appropriate necessary public or private permits and consents. The terms of this provision will survive termination of this Agreement and must be flowed down to any and all contractors, subcontractors or subrecipients entered into by NFWF Subrecipient in the performance of this Agreement. 3.3.2. Compliance with Anti -Corruption Laws. The NFWF Subrecipient represents, certifies and agrees to ensure that no payments have been or will be made or received by the NFWF Subrecipient in connection with this Agreement in violation of the U.S. Foreign Corrupt Practices Act of 1977, as amended (15 U.S.C. §dd-1 etseq.), or any other applicable anti -corruption laws or regulations (e.g., UK Bribery Act 2010) in the countries in which the NFWF Subrecipient performs under this Agreement. 3.3.3. Compliance with Anti -Terrorism Laws. The NFWF Subrecipient represents, certifies and agrees not to provide material support or resources directly or indirectly to, or knowingly permit any funds provided by NFWF pursuant to this Agreement or Matching Contributions to be transferred to, any individual, corporation or other entity that the NFWF Subrecipient knows, or has reason to know, commits, attempts to commit, advocates, facilitates, or participates in any terrorist activity, or has committed, attempted to commit, advocated, facilitated or participated in any terrorist activity, including, but not limited to, the individuals and entities (1) on the master list of Specially Designated Nationals and Blocked Persons maintained by the U.S. Department of Treasury's Office of Foreign Assets Control, which list is available at www.treas.gov/offices/enforcement/ofacs (2) on the consolidated list of individuals and entities maintained by the "1267 Committee" of the United Nations Security Council at http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml; (3) on the consolidated Page 15 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 512 10.1.a list maintained by the U.S. Department of Commerce at http://export.gov/ecr/eg_main_023148.asp, or (4) on such other list as NFWF may identify from time to time. 3.3.4. Compliance with Additional Laws and Restrictions. The NFWF Subrecipient represents, certifies and agrees to ensure that its activities under this Agreement comply with all applicable U.S. laws, regulations and executive orders regarding money laundering, terrorist financing, U.S. sanctions laws, U.S. export controls, restrictive trade practices, boycotts, and all other economic sanctions or trade restrictions promulgated from time to time by means of statute, executive order, regulation or as administered by the U.S. Department of State, the Office of Foreign Assets Control, U.S. Department of the Treasury, or the Bureau of Industry and Security, U.S. Department of Commerce. 3.4. Subrecipient Debarment and Suspensions. By and through NFWF Subrecipient's execution of this Agreement, NFWF Subrecipient warrants and represents its initial and continued compliance that it is not listed on the General Services Administration's, government -wide System for Award Management Exclusions (SAM Exclusions), in accordance with the OMB guidelines at 2 C.F.R Part 180 that implement E.O.s 12549 (3 C.F.R., 1986 Comp., p. 189) and 12689 (3 C.F.R., 1989 Comp., p. 235), "Debarment and Suspension." The NFWF Subrecipient further provides that it shall not enter into any subaward, contract or other agreement using funds provided by NFWF with any party listed on the SAM Exclusions in accordance with Executive Orders 12549 and 12689. The SAM Exclusions can be found at https://www.sam.gov/portal/public/SAM/. 3.5. Conflicts of Interest. By execution of this Agreement, NFWF Subrecipient acknowledges that it is prohibited from using any Project funds received under this Agreement in a manner which may give rise to an apparent or actual conflict of interest, including organizational conflicts of interest, on the part of the NFWF Subrecipient. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of NFWF Subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. An organizational conflict of interest is defined as a relationship that because of relationships with a parent company, affiliate, or subsidiary organization, the non-federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. The NFWF Subrecipient represents and certifies that it has adopted a conflict of interest policy that, at a minimum, complies with the requirements of the OMB Uniform Guidance, and will comply with such policy in the use of any Project funds received under this Agreement. NFWF Subrecipient may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of NFWF Subrecipient. If NFWF Subrecipient becomes aware of any actual or potential conflict of interest or organizational conflict of interest, during the course of performance of this Agreement, NFWF Subrecipient will immediately notify NFWF in writing of such actual or potential conflict of interest, whether organizational or otherwise. Page 16 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 513 10.1.a SECTION 4 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS RELATING TO FEDERAL FUNDS - GENERAL 4.1. If the Funding Source or any funding entity (i.e., a secondary funding source) is a federal agency and/or any portion of the Project provided herein is paid with federal funds, the NFWF Subrecipient must read and understand certain applicable federal regulations, including but not limited to, the following in Sections 4 and 5 of this Agreement as set forth herein. The NFWF Subrecipient will need to understand and comply with the OMB Uniform Guidance (including related Supplements as may be applicable to a specific federal funding source(s), and Appendices as may be applicable), in addition to other applicable federal regulations. This includes, but is not limited to, the provisions of the Federal Funding Accountability and Transparency Act (FFATA), which includes requirements on executive compensation, and also requirements implementing the Act for the non-federal entity at 2 CFR part 25 Financial Assistance Use of Universal Identifier and System for Award Management and 2 CFR part 170 Reporting Subaward and Executive Compensation Information. The most recent version of the Electronic Code of Federal Regulations can be found at https://www.ecfr.gov/. 4.2. 2 CFR § 200 Subpart F Audits. It is the responsibility of the NFWF Subrecipient to arrange for audits as required by 2 CFR Part 200, Subpart F — Audit Requirements. The NFWF Subrecipient shall notify NFWF in writing about 2 CFR Subpart F audit findings related to projects funded by NFWF pass -through funds. The NFWF Subrecipient understands that NFWF may require the NFWF Subrecipient to take corrective action measures in response to a deficiency identified during an audit. 4.3. Real and Personal Property. In accordance with 2 C.F.R. § 200.316 (Property trust relationship), real property, equipment, and intangible property acquired or improved with federal funds must be held in trust by the NFWF Subrecipient as trustee for the beneficiaries of the project or program under which the property was acquired or improved. This trust relationship exists throughout the duration of the property's estimated useful life during which time the Federal Government retains an undivided, equitable reversionary interest in the property (Federal Interest). During the duration of the Federal Interest, the NFWF Subrecipient must comply with all use, reporting, and disposition requirements and restrictions as set forth in 2 C.F.R. §§ 200.310 (Insurance coverage) through 200.316 (Property trust relationship) and 200.329 (Reporting on real property), as applicable. 4.4. Mandatory Disclosure. NFWF Subrecipient must disclose, in a timely manner, in writing to NFWF all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. Failure to make required disclosures can result in any of the remedies described in this Agreement, including termination, and any remedies provided under law, including suspension or debarment by cognizant federal authorities. 4.5. Trafficking in Persons. Pursuant to section 106(a) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g)) (codified at 2 C.F.R. Part 175), NFWF Subrecipient shall comply with the below provisions. Further, NFWF Subrecipient shall flow down these provisions in all subawards and contracts, Page 17 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 514 10.1.a including a requirement that Subrecipients similarly flow down these provisions in all lower -tiered subawards and subcontracts. The provision is cited herein: Trafficking in persons. a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the federal awarding agency's pass -through entity may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either — A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement),". b. Provision applicable to a recipient other than a private entity. We as the federal awarding agency's pass -through entity may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either— i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement),". c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and Page 18 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 515 10.1.a ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for -profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 4.6. 41 United States Code (U.S.C.) 4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection: (a) This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 U.S.C. 4712. (b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712. (c) The recipient shall insert this clause, including this paragraph (c), in all subawards and contracts over the simplified acquisition threshold related to this award. 4.7. 41 USC §6306, Prohibition on Members of Congress Making Contracts with Federal Government. No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this award, or to any benefit that may arise therefrom; this provision shall not be construed to extend to an award made to a corporation for the public's general benefit. NFWF Subrecipient Page 19 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 516 10.1.a shall flow down this provision in all subawards and contracts, including a requirement that subrecipients similarly flow down this provision in all lower -tiered subawards and subcontracts. 4.8. Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving. (Sub)Recipients are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order. NFWF Subrecipient shall flow down this provision in all subawards and contracts, including a requirement that subrecipients similarly flow down this provision in all lower -tiered subawards and subcontracts. 4.9. 43 CFR §18 New Restrictions on Lobbying. By execution of this Agreement, the NFWF Subrecipient agrees to comply with 43 CFR 18, New Restrictions on Lobbying, and certifies to the following statements: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the NFWF Subrecipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. (c) The NFWF Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification, as represented by execution of this Agreement, is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. All liability arising from an erroneous representation shall be borne solely by the entity filing that representation and shall not be shared by any entity to which the erroneous representation is forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails to file a required certification or disclosure, the United States may pursue all available remedies, including those authorized by section 1352, title 31 of the U.S. Code. 4.10. Prohibition on Issuing Financial Assistance Awards to Entities that Require Certain Internal Confidentiality Agreements. Page 20 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 517 10.1.a The NFWF Subrecipient must not require their employees, subrecipients, or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees, subrecipients, or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information. The NFWF Subrecipient must notify their employees, subrecipients, or contractors that existing internal confidentiality agreements covered by this condition are no longer in effect. 4.11. Drug -Free Workplace. The NFWF Subrecipient must make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in 41 USC Chapter 81 Drug -Free Workplace. 4.12. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. (Effective 8/13/2020) As required by 2 CFR 200.216, the NFWF Subrecipient is prohibited from obligating or expending funds awarded under this Agreement to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services from Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, and Dahua Technology Company, or any other company, including affiliates and subsidiaries, owned or controlled by the People's Republic of China, which are a substantial or essential component of any system, or as critical technology as part of any system. By and through the NFWF Subrecipient's execution of this Agreement, the NFWF Subrecipient warrants and represents that the NFWF Subrecipient will not obligate or expend funds awarded under this Agreement for "covered telecommunications equipment or services" (as this term is defined and this restriction is imposed under 2 CFR 200.216). 4.13. Domestic Preference for Procurements. a) Under this Agreement and in accordance with 2 C.F.R. § 200.322, the NFWF Subrecipient shall to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). b) For purposes of this agreement, the following definitions apply: i. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and ii. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Page 21 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 518 10.1.a SECTION 5 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS RELATING TO FEDERAL FUNDS - FUNDING SOURCE SPECIFIC NFWF Subrecipient acknowledges that when all or part of this Agreement is funded by a federal award that certain representations, certifications, and other statements relating to the use of such funds or performance of the Project may be necessary. These representations, certifications and other statements are set forth below. Unless otherwise stated in this Agreement, the execution and submission of this Agreement serves as affirmative acknowledgement of an agreement with the below representations, certifications, and other statements. Further, should circumstances of the NFWF Subrecipient change during the performance of this Agreement that would render one of these representations, certifications and/or other statements inaccurate, invalid or incorrect, the NFWF Subrecipient shall promptly notify NFWF of such change in circumstance. Finally, NFWF reserves the right to update and require subsequent acknowledgement of an agreement with new or revised representations, certifications, and other statements at no additional cost under this Agreement. FC. R562: Department of Commerce (DOC) Compliance Requirements. The NFWF Subrecipient must comply with the terms and conditions of a DOC financial assistance award, including applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part 200), and all associated Terms and Conditions set forth in the Department of Commerce Financial Assistance Standard Terms and Conditions Dated November 12, 2020, available at https://www.commerce.gov/sites/defa u It/files/2020- 11/DOC%2OStandard%2OTerms%20and%2OConditions%20- %2012%20November%202020%20PDF_O.pdf. See 2 C.F.R. § 200.101(b)(1) (Applicability), which describes the applicability of 2 C.F.R. Part 200 to various types of Federal awards and §§200.331- 333 (Subrecipient monitoring and management). Additionally, the NFWF Subrecipient must flow these requirements down to all subrecipients and contractors, including lower tier subrecipients. Data Sharing Directive. The Data and Publication Sharing Directive for NOAA Grants, Cooperative Agreements, and Contracts ensures that environmental data funded extramurally by NOAA are made publicly accessible in a timely fashion (typically within two years of collection), and that final manuscripts of peer -reviewed research papers are deposited with the NOAA Central Library (upon acceptance by the journal, or no later than at time of publication). Therefore, non -Federal entities, or recipients, must make data produced under financial assistance publicly accessible in accordance with the Data Management Plan included with the Proposal, unless the grant program grants a modification or an exemption. The text of the Directive is available at https://nosc.noaa.gov/EDMC/PD.DSP.php. a) Data Sharing: Environmental data collected or created under this Grant, Cooperative Agreement, or Contract must be made publicly visible and accessible in a timely manner, free of charge or at minimal cost that is no more than the cost of distribution to the user, except where limited by law, regulation, policy, or national security requirements. Data are to be made available in a form that would permit further analysis or reuse: data must be encoded in a machine-readable format, preferably using existing open format standards; data must be sufficiently documented, preferably using open metadata standards, to enable users to independently read and understand the data. The location (internet Page 22 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 519 10.1.a address) of the data should be included in the final report. Pursuant to NOAA Information Quality Guidelines, data should undergo quality control (QC) and a description of the QC process and results should be referenced in the metadata. Failure to perform quality control does not constitute an excuse not to share data. Data without QC are considered "experimental products" and their dissemination must be accompanied by explicit limitations on their quality or by an indicated degree of uncertainty. b) Timeliness: Data accessibility must occur no later than publication of a peer -reviewed article based on the data, or two years after the data are collected and verified, or two years after the original end date of the grant (not including any extensions or follow-on funding), whichever is soonest, unless a delay has been authorized by the NOAA funding program. c) Disclaimer: Data produced under this award and made available to the public must be accompanied by the following statement: "These data and related items of information have not been formally disseminated by NOAA, and do not represent any agency determination, view, or policy." d) Failure to Share Data: Failing or delaying to make environmental data accessible in accordance with the submitted Data Management Plan, unless authorized by the NOAA Program, may lead to enforcement actions, and will be considered by NOAA when making future award decisions. Funding recipients are responsible for ensuring these conditions are also met by sub -recipients and subcontractors. e) Funding acknowledgement: Federal funding sources shall be identified in all scholarly publications. An Acknowledgements section shall be included in the body of the publication stating the relevant Grant Programs and Award Numbers. In addition, funding sources shall be reported during the publication submission process using the Fund Ref mechanism (http://www.crossref.ora/fundref/) if supported by the Publisher. f) Manuscript submission: The final pre -publication manuscripts of scholarly publications produced with NOAA funding shall be submitted to the NOAA Institutional Repository at http://Iibrary.noaa.gov/repository after acceptance, and no later than upon publication, of the paper by a journal. NOAA will produce a publicly -visible catalog entry directing users to the published version of the article. After an embargo period of one year after publication, NOAA shall make the manuscript itself publicly visible, free of charge, while continuing to direct users to the published version of record. g) Data Citation: Publications based on data, and new products derived from source data, must cite the data used according to the conventions of the Publisher, using unambiguous labels such as Digital Object Identifiers (DOls). All data and derived products that are used to support the conclusions of a peer -reviewed publication must be made available in a form that permits verification and reproducibility of the results. Scientific Integrity. a) Maintaining Integrity. The NFWF Subrecipient shall maintain the scientific integrity of research performed pursuant to this grant or financial assistance award including the prevention, detection, and remediation of any allegations regarding the violation of scientific integrity or scientific and research misconduct, and the conduct of inquiries, investigations, and adjudications of allegations of violations of scientific integrity or Page 23 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 520 10.1.a scientific and research misconduct. All the requirements of this provision flow down to subrecipients. b) Peer Review. The peer review of the results of scientific activities under a NOAA grant, financial assistance award, or cooperative agreement shall be accomplished to ensure consistency with NOAA standards on quality, relevance, scientific integrity, reproducibility, transparency, and performance. NOAA will ensure that peer review of "influential scientific information" or "highly influential scientific assessments" is conducted in accordance with the Office of Management and Budget (OMB) Final Information Quality Bulletin for Peer Review and NOAA policies on peer review, such as the Information Quality Guidelines. c) In performing or presenting the results of scientific activities under the NOAA grant, financial assistance award, or cooperative agreement and in responding to allegations regarding the violation of scientific integrity or scientific and research misconduct, the NFWF Subrecipient and all subrecipients shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto. That Order can be found at https://nrc.noaa.gov/Scientificlntegrit)tCommons.aWx. d) Primary Responsibility. The NFWF Subrecipient shall have the primary responsibility to prevent, detect, and investigate allegations of a violation of scientific integrity or scientific and research misconduct. Unless otherwise instructed by the grants officer, the recipient shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so. e) By executing this grant, financial assistance award, or cooperative agreement the NFWF Subrecipient provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of a violation of scientific integrity or scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation, and reporting of such misconduct. f) The NFWF Subrecipient shall insert this provision in all subawards at all tiers under this grant, financial assistance award, or cooperative agreement. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials. If applicable, and pursuant to the Infrastructure Investment and Jobs Act ("IIJA"), Pub.L. No. 117- 58, which includes the Build American, Buy American (BABA) Act, Pub. L. No. 117-58, §§ 70901-52 and OMB M-22-11, recipients of an award of Federal financial assistance from the Department of Commerce (DOC) are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States —this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining Page 24 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 521 10.1.a the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States —this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. This requirement also applies to subrecipients. Waivers: When necessary, recipients may apply for, and DOC may grant, a waiver from these requirements. DOC will notify the recipient for information on the process for requesting a waiver from these requirements. When DOC has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which DOC determines that: a. applying the domestic content procurement preference would be inconsistent with the public interest; b. the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or c. the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. DOC will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at whitehouse.gov/omb/management/made-in-america. Definitions: "Construction materials" includes an article, material, or supply —other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives —that is or consists primarily of: non-ferrous metals; plastic and polymer -based products (including polyvinyl chloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall. "Domestic content procurement preference" means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. "Infrastructure" includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. "Project" means the construction, alteration, maintenance, or repair of infrastructure in the United States. -- Page 25 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 522 10.1.a 1 Excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. 2 IIJA, § 70917(c)(1). Implementation of Domestic Sourcing Requirements Prior to initiation of any construction that may arise in this award, the NFWF Subrecipient is required to inform NFWF whether it is using iron, steel, manufactured products, or construction materials as described in "Required Use of American Iron, Steel, Manufactured Products, and Construction Materials" above. In addition, the NFWF Subrecipient is required to inform the NFWF whether those materials are produced or manufactured in the United States, or alternatively, it is requesting one or more waivers, as described in the award condition. Equipment Reporting. Equipment or supplies (aggregate supplies, not per unit) at a cost of $5,000 or greater per unit value, including its fair market value, must be inventoried at least once every two years and at award closeout (2 CFR 200.313). NFWF Subrecipients may use the outdated SF-428 form series to report on tangible property or submit their own customized report including a description of federally owned equipment, identification information, acquisition cost, and acquisition date. More guidance on property definitions and forms is posted online at coast.noaa.gov/funding/forms.htm1. Field Work. The NFWF Subrecipient is required to follow recognized best practices for minimizing impacts to the human and natural environment when applicable and will provide for safety in their projects as needed, including addressing the safety of personnel, associates, visitors, and volunteers in their projects. In addition, any use of unoccupied aircraft systems in projects under this award must be in compliance with all applicable Federal Aviation Administration regulations, and any other applicable federal, state, or local regulations. Invasive Species Control. Pursuant to Executive Order # 13112, recipients of NOAA funding cannot implement any actions that are likely to cause or promote the introduction or spread of invasive species, and should provide for restoration of native species and habitat conditions in ecosystems that have been invaded. The NFWF Subrecipient is expected to take positive steps to prevent the introduction of invasive species, provide for control of invasive species, and minimize the economic, ecological, and human health impacts that invasive species cause. Where possible and/or practicable, the NFWF Subrecipient should also respond rapidly to and control populations of invasive species in an environmentally sound manner, promote public education on invasive species, and conduct post - construction monitoring to ensure that impacts on native species did not occur (as applicable). NOAA can provide additional guidance on the detection, control and prevention of invasive species impacts upon request. FC.R537: Department of Commerce (DOC) Compliance Requirements. The NFWF Subrecipient must comply with the terms and conditions of a DOC financial assistance award, including applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part 200), and all associated Terms and Conditions set forth in the Department of Commerce Financial Assistance Page 26 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 523 10.1.a Standard Terms and Conditions Dated November 12, 2020, available at http://www.osec.doc.gov/oam/grants_management/policy/. See 2 C.F.R. § 200.101(b)(1) (Applicability), which describes the applicability of 2 C.F.R. Part 200 to various types of Federal awards and §§200.331-333 (Subrecipient monitoring and management). Additionally, the NFWF Subrecipient must flow these requirements down to all subrecipients and contractors, including lower tier subrecipients. Field Work. The NFWF Subrecipient is required to follow recognized best practices for minimizing impacts to the human and natural environment when applicable and will provide for safety in their projects as needed, including addressing the safety of personnel, associates, visitors, and volunteers in their projects. In addition, any use of unoccupied aircraft systems in projects under this award must be in compliance with all applicable Federal Aviation Administration regulations, and any other applicable federal, state, or local regulations. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials. If applicable, and pursuant to the Infrastructure Investment and Jobs Act ("IIJA"), Pub.L. No. 117- 58, which includes the Build American, Buy American (BABA) Act, Pub. L. No. 117-58, §§ 70901-52 and OMB M-22-11, recipients of an award of Federal financial assistance from the Department of Commerce (DOC) are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States —this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States —this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. This requirement also applies to subrecipients. Waivers: When necessary, recipients may apply for, and DOC may grant, a waiver from these requirements. DOC will notify the recipient for information on the process for requesting a waiver Page 27 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 524 10.1.a from these requirements. When DOC has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which DOC determines that: a. applying the domestic content procurement preference would be inconsistent with the public interest; b. the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or c. the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. DOC will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at whitehouse.gov/omb/management/made-in-america. Definitions: "Construction materials" includes an article, material, or supply —other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives —that is or consists primarily of: non-ferrous metals; plastic and polymer -based products (including polyvinyl chloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall. "Domestic content procurement preference" means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. "Infrastructure" includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. "Project" means the construction, alteration, maintenance, or repair of infrastructure in the United States. -- 1 Excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. 2 IIJA, § 70917(c)(1). Implementation of Domestic Sourcing Requirements Prior to initiation of any construction that may arise in this award, the NFWF Subrecipient is required to inform NFWF whether it is using iron, steel, manufactured products, or construction materials as described in "Required Use of American Iron, Steel, Manufactured Products, and Construction Materials" above. In addition, the NFWF Subrecipient is required to inform NFWF whether those materials are produced or manufactured in the United States, or alternatively, it is requesting one or more waivers, as described in the award condition. Page 28 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 525 10.1.a Data Sharing Directive. The Data and Publication Sharing Directive for NOAA Grants, Cooperative Agreements, and Contracts ensures that environmental data funded extramurally by NOAA are made publicly accessible in a timely fashion (typically within two years of collection), and that final manuscripts of peer -reviewed research papers are deposited with the NOAA Central Library (upon acceptance by the journal, or no later than at time of publication). Therefore, non -Federal entities, or recipients, must make data produced under financial assistance publicly accessible in accordance with the Data Management Plan included with the Proposal, unless the grant program grants a modification or an exemption. The text of the Directive is available at https://nosc.noaa.gov/EDMC/PD.DSP.php. a. Data Sharing: Environmental data collected or created under this Grant, Cooperative Agreement, or Contract must be made publicly visible and accessible in a timely manner, free of charge or at minimal cost that is no more than the cost of distribution to the user, except where limited by law, regulation, policy, or national security requirements. Data are to be made available in a form that would permit further analysis or reuse: data must be encoded in a machine-readable format, preferably using existing open format standards; data must be sufficiently documented, preferably using open metadata standards, to enable users to independently read and understand the data. The location (internet address) of the data should be included in the final report. Pursuant to NOAA Information Quality Guidelines, data should undergo quality control (QC) and a description of the QC process and results should be referenced in the metadata. Failure to perform quality control does not constitute an excuse not to share data. Data without QC are considered "experimental products" and their dissemination must be accompanied by explicit limitations on their quality or by an indicated degree of uncertainty. b. Timeliness: Data accessibility must occur no later than publication of a peer -reviewed article based on the data, or two years after the data are collected and verified, or two years after the original end date of the grant (not including any extensions or follow-on funding), whichever is soonest, unless a delay has been authorized by the NOAA funding program. c. Disclaimer: Data produced under this award and made available to the public must be accompanied by the following statement: "These data and related items of information have not been formally disseminated by NOAA, and do not represent any agency determination, view, or policy." d. Failure to Share Data: Failing or delaying to make environmental data accessible in accordance with the submitted Data Management Plan, unless authorized by the NOAA Program, may lead to enforcement actions, and will be considered by NOAA when making future award decisions. Funding recipients are responsible for ensuring these conditions are also met by sub -recipients and subcontractors. Page 29 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 526 10.1.a e. Funding acknowledgement: Federal funding sources shall be identified in all scholarly publications. An Acknowledgements section shall be included in the body of the publication stating the relevant Grant Programs and Award Numbers. In addition, funding sources shall be reported during the publication submission process using the Fund Ref mechanism (http://www.crossref.org/fundref/) if supported by the Publisher. f. Manuscript submission: The final pre -publication manuscripts of scholarly publications produced with NOAA funding shall be submitted to the NOAA Institutional Repository at http://Iibrary.noaa.gov/repository after acceptance, and no later than upon publication, of the paper by a journal. NOAA will produce a publicly -visible catalog entry directing users to the published version of the article. After an embargo period of one year after publication, NOAA shall make the manuscript itself publicly visible, free of charge, while continuing to direct users to the published version of record. g. Data Citation: Publications based on data, and new products derived from source data, must cite the data used according to the conventions of the Publisher, using unambiguous labels such as Digital Object Identifiers (DOls). All data and derived products that are used to support the conclusions of a peer -reviewed publication must be made available in a form that permits verification and reproducibility of the results. Scientific Integrity. a. Maintaining Integrity. The NFWF Subrecipient shall maintain the scientific integrity of research performed pursuant to this grant or financial assistance award including the prevention, detection, and remediation of any allegations regarding the violation of scientific integrity or scientific and research misconduct, and the conduct of inquiries, investigations, and adjudications of allegations of violations of scientific integrity or scientific and research misconduct. All the requirements of this provision flow down to subrecipients. b. Peer Review. The peer review of the results of scientific activities under a NOAA grant, financial assistance award, or cooperative agreement shall be accomplished to ensure consistency with NOAA standards on quality, relevance, scientific integrity, reproducibility, transparency, and performance. NOAA will ensure that peer review of "influential scientific information" or "highly influential scientific assessments" is conducted in accordance with the Office of Management and Budget (OMB) Final Information Quality Bulletin for Peer Review and NOAA policies on peer review, such as the Information Quality Guidelines. c. In performing or presenting the results of scientific activities under the NOAA grant, financial assistance award, or cooperative agreement and in responding to allegations Page 30 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 527 10.1.a regarding the violation of scientific integrity or scientific and research misconduct, the NFWF Subrecipient and all subrecipients shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto. That Order can be found at https://nrc.noaa.gov/ScientificlntegrityCommons.aspxx. d. Primary Responsibility. The NFWF Subrecipient shall have the primary responsibility to prevent, detect, and investigate allegations of a violation of scientific integrity or scientific and research misconduct. Unless otherwise instructed by the grants officer, the recipient shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so. e. By executing this grant, financial assistance award, or cooperative agreement the NFWF Subrecipient provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of a violation of scientific integrity or scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation, and reporting of such misconduct. f. The NFWF Subrecipient shall insert this provision in all subawards at all tiers under this grant, financial assistance award, or cooperative agreement. Page 31 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 528 10.1.a SECTION 6 OTHER REPRESENTATIONS, CERTIFICATIONS, STATEMENTS AND CLAUSES NFWF Subrecipient acknowledges that all or part of this Agreement may be funded by a non- federal source that requires certain representations, certifications, and other statements relating to the use of such funds or performance of the Project. These representations, certifications and other statements are set forth below. Unless otherwise stated in this Agreement, the execution and submission of this Agreement serves as affirmative acknowledgement of an agreement with the below representations, certifications, and other statements. Further, should circumstances of the NFWF Subrecipient change during the performance of this Agreement that would render one of these representations, certifications and/or other statements inaccurate, invalid or incorrect, the NFWF Subrecipient shall promptly notify NFWF of such change in circumstance. Finally, NFWF reserves the right to update and require subsequent acknowledgement of an agreement with new or revised representations, certifications, and other statements at no additional cost under this Agreement. None Page 32 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 529 10.1.b SCOPE OF WORK A. Methods and Activities: There are four project activities: 1. hydrologic and hydraulic modeling to determine the impact of restoration alternatives on City flooding, 2. the analysis of the potential impacts of site contamination on restoration actions, 3. development of a planning process that supports community involvement in restoration design, and 4. public outreach and engagement. This project involves three separate land parcels, the watershed of the Edmonds Marsh, and flood prone areas of the City. The three parcels are shown on the uploaded site plan. Marina Beach Park is owned by the City of Edmonds and would be where a surface water channel would connect Puget Sound and the Marsh. Existing bridges will pass flow under a railroad to the park channel. The 21 acre Unocal parcel is located between the existing Edmonds Marsh, the third parcel, and Marina Beach Park. The 22 acre Edmonds Marsh is a wildlife sanctuary and is part of the Edmonds parks system. Hydrologic and Hydraulic Modeling Work Element: Budget ratio: 50% 1. Meet with City staff to refine the scope of work. 2. Meet with Public Works staff to collect existing information: a. Previous hydrologic and hydraulic models b. Topographic data for Marsh and Marina Beach Park c. Existing conditions of stream and stormwater sources to and under the Marsh 3. Evaluate Existing conditions. a. Determine maximum (historic marsh area) excavation area of the Unocal site and estuary channel to Puget Sound through the existing railroad bridge. b. Identify stream and stormwater sources. i. Existing stream and stormwater sources ii. Opportunities to daylight all surface water and stormwater connections to the marsh iii. Opportunities to create overflow connections to existing outflow pipes from the marsh to Puget Sound. Determine ability of overflow connections to help alleviate flooding adjacent to the marsh. 4. Identify estuary design alternatives for modeling purposes. Develop two alternatives for less than maximum excavation of the Unocal site i. Excavation of a channel at the west end of the Unocal site ii. Maximum excavation of the Unocal site but retaining islands around most contaminated portions of the site. iii. Prepare cross-section of topography for proposed alternatives b. Develop alternatives in consideration of sea level rise i. Select time scales to be evaluated ii. Select emission scenarios to be evaluated. c. Identify alternatives (e.g., berms, tide gates, flood wall) to prevent overflow from the marsh to the Dayton Avenue basin during storm and high-water conditions. 5. Hydrologic and Hydraulic Analysis a. Hydrologic Model Evaluate the Ecology WHMM model for suitability for modeling hydrologic inflows to the marsh. Packet Pg. 530 10.1.b ii. Review previous hydrologic modeling for the sources of inflow to the marsh. iii. Prepare and run a new hydrologic model if necessary. b. Hydraulic Model i. Review previous hydraulic models for the marsh. ii. Select appropriate hydraulic model. iii. Prepare and run hydraulic model for existing conditions and all proposed estuary alternatives Evaluate and summarize results of existing conditions and alternatives modeling to answer the following questions. i. What will water levels be in and around the marsh during king tides associated with major storm events. How will water levels change for these conditions with sea level rise? ii. How will the alternatives affect flooding levels in surrounding areas? iii. What is the range in water levels due to inflow and Puget Sound levels? iv. What will be the range of flow velocity through the marsh and out to Puget Sound and how will flow conditions affect Channel erosion potential and accessibility for juvenile salmon? 6. Prepare preliminary draft, draft and final Alternatives Evaluation report documenting existing conditions, hydrologic and hydraulic modeling and alternatives development and performance. Deliverables: • Background data. • Hydrologic model • Hydraulic model • Pre -draft, Draft and final Alternatives Evaluation Report Contamination Impact Analysis Work Element: Budget ratio: 30% 1. Review and summarize existing Washington State Department of Ecology (Ecology) and Unocal clean-up documents. These documents describe the clean-up process and the existing state of contamination. 2. Review and summarize Ecology and Washington Administrative Code (WAC) cleanup regulations and guidance documents as they relate to allowable site restoration actions. Identify risks from contamination to future landowners and actions to reduce or eliminate the risk. (This task will be completed by an attorney specializing in MTCA.) 3. Using the existing documentation, identify likely areas of where contaminated soil and groundwater remain and the concentrations of contaminants remaining. 4. Evaluate and summarize disposal and treatment options for contaminated soil and water that may be generated during restoration actions. 5. Estimate if contaminated soil contact with surface water could violate water quality standards or otherwise have a detrimental environmental effect. 6. Evaluate potential human health impacts from exposing contaminated soils. 7. Identify measures (e.g., excavation, cap and fill, dual phase extraction systems, Phyto remediation etc.) that can be taken to mitigate potential impacts. 8. Prepare preliminary draft, draft and final report. Planning Work Element: Budget ratio: 20% 1. Locate existing Edmonds Marsh restoration data. Past project studies, Washington State Department of Ecology clean-up reports, and citizen water quality studies are among the sources of information. Create a single document with hyperlinks that allows broad access to this data. Packet Pg. 531 10.1.b 2. Identify gaps in the existing data set that are relevant to restoration planning and propose additional data collection steps. 3. Identify similar estuary restoration projects on contaminated sites. Draft short summaries of those projects and include hyperlinks to their full descriptions. 4. List restoration permit requirements and estimated timelines for permitting. 5. List potential funding sources for land acquisition, design and construction. 6. Outline a community engagement process that leads toward the selection of a preferred restoration alternative. 7. Describe a restoration plan scoping process. Include a proposed timeline and a public engagement process for pre -design, land acquisition, and final design steps. Include a discussion about how this project would fit into a comprehensive watershed restoration plan that includes managing stormwater flows, protecting marsh/estuary water quality and vegetation, and restores habitat in watershed creeks. 8. Write a restoration planning process pre -draft, draft, and final report. Public Outreach and Engagement The draft grant application was prepared by volunteers with the Edmonds Marsh Estuary Advocates (EMEA). https://www.edmondsmarshestuary.org/. Volunteers from EMEA will be assisting with portions of the project. 1. Plan, advertise and conduct two public open -houses; one to explain the project and one to present and explain the findings. 2. Provide status reports to local news media. B. Implementation Timeline and Milestones: A consultant scope of work will be drafted and advertised, and consultant selection will occur after the NFWF award announcement in early January, 2024. Consultant work will begin in April, 2024. The 3 draft work element reports will be completed and ready for review by December 30, 2024. Final reports and project completion will be April 30, 2025. Critical Timeline: To allow the local community to provide their input into the future of a restored Edmonds Marsh before the Washington Department of Transportation (WSDOT) takes ownership of the Unocal parcel, the work described in this proposal needs to be completed in this funding cycle. The next NCRF Phase, 2. Preliminary Design, would involve the process of the public selection of a preferred restoration alternative. That phase would begin in early 2025 and be completed by early 2026. This fits with the timing of completion of the Unocal clean-up actions and transfer of ownership, which is also scheduled for early 2026. C. Monitoring Project Impact: The resilience metric for the hydraulic modeling work element will be the change in predicted flood elevations that result from alternative restoration designs. The ecological metric for the contamination impact work element is the impact to water quality and human health that result from restoration construction. Important ecological metrics for the Edmonds Marsh restoration project are acres of existing wetland habitat opened to Puget Sound and acres of new saltwater estuary created. Future phases of project development will address those metrics. This work is high priority in several regional plans for Puget Sound and salmon recovery efforts. Packet Pg. 532 10.1.b Volunteers have funded long-term monitoring of bird use in the marsh throughout the seasons following science -based protocols. This work will continue and document avian use as the restoration progresses. D. Project Team & Partners: The City of Edmonds will manage the project: Project Manager: Oscar Antillon, PE. Director of Edmonds Public Works and Utilities. Public Works director of several cities since 2012 where he has managed multiple hydraulic modeling projects. Project Engineer: Mike Dellila, PE, senior engineer, Edmonds Public Works, and Utilities. Public outreach and engagement Leader: Angie Feser, ASLA, LEED AP. Director of Edmonds Parks, Recreation & Cultural Services. Registered Landscape Architect with 12 years' experience directing northwest city parks departments, has managed multiple large projects that involve relevant community engagement processes. Project Partners: The City will partner with the Port of Edmonds, the Washington State Department of Transportation, and the Tulalip Tribes. Other stakeholders include the Suquamish Tribe, Snohomish County, the Snohomish Conservation District, Mid -Sound Fisheries enhancement Group, and Sound Salmon Solutions, Pilchuck Audubon Society, Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Salmon Recovery Council, Washington Department of Ecology, and the Washington Department of Fish and Wildlife. These stakeholders will be consulted as needed to complete the work elements. Volunteers: Significant amounts of work will be done on the project by the EMEA members of this team. For the Planning Work Element, they will perform 90% of the work on tasks 1, 3 and 5 and 30% on 2 and 4. For the Contamination Impact Analysis work element they will perform 80% of the work on task 1 and 10% on tasks 2-8. Packet Pg. 533 10.2 City Council Agenda Item Meeting Date: 03/19/2024 Design update on the Highway 99 Revitalization Projects — Stage 3 and Stage 4 Staff Lead: Bertrand Hauss/Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On October 11, 2022 professional services agreements with SCJ for Highway 99 Stages 3 & 4 were presented to the Parks and Public Works Committee and it was forwarded to full council. On October 25, 2022 professional services agreements with SCJ for Highway 99 Stages 3 & 4 were presented to City Council. On November 1, 2022 the professional services agreements with SCJ for Highway 99 Stages 3 & 4 were approved by City Council. On March 28, 2023, City Council approved the new active transportation recommendations along Hwy 99 and new capacity recommendations at Hwy 99 @ 2201" St. SW into the Design phase. On March 12, 2024, this design update was presented to the Parks and Public Works Committee and forwarded to the next City Council meeting for a full presentation. Staff Recommendation n/a Narrative The goal of the Highway 99 Revitalization project is to extend the successful transformation of Highway 99 in Shoreline through Edmonds from 244th St. SW to 210th St. SW. Due to the high cost of completing all the other proposed improvements along the corridor, the 2.25 mile stretch was divided into 7 segments. Stage 2 was recently completed, which included the installation of a raised landscaped center median from 244th St. SW to 210th St. SW with mid -block refuge island, a HAWK signal — 600' north of 234th St. SW, and a Gateway sign on both ends of the project. The scope of the Stage 3 segment, from 244th St. SW to 238th St. SW, includes capacity improvements at Hwy 99 at 238th St. SW with the addition of a left turn lane for the northbound movement. Packet Pg. 534 10.2 The scope of the Stage 4 segment, 224th St. SW to 220th St. SW, includes capacity improvements at Hwy 99 at 220th St. SW with the addition of a left turn lane for the northbound and southbound movements and the addition of a left turn lane for the westbound movement. Both projects include the addition of a planter strip and a bike lane behind the curb on both sides of the street, a new sidewalk, new street/pedestrian lighting, better stormwater management, targeted water/sewer utility replacements, potential undergrounding of overhead utilities, and softscape treatments along this stretch of Highway 99. Bike lanes will be added along 238th St. SW from Hwy 99 to 84th Ave. W, as well as a shared -use path on the north side of 220th St. SW / east of Hwy 99 @ 220th St. SW that connects to the Interurban Trail (less than 1/10 mile). The 30% Design plans for both projects were submitted to the City for review in January 2024. Coordination with Washington State Department of Transportation (WSDOT) on the channelization plans is on -going. Due to the upcoming Department of Ecology Stormwater Manual modifications, the proposed stormwater upgrade requirements are still being finalized. Since both projects have either secured Federal Funding (Stage 4) and might need future Federal funds as part of the Construction phase (Stage 3), a Biological Assessment (BA) is being completed for both projects. The Right of Way acquisition phase cannot begin until the Biological Assessment is approved and the environmental phase is completed on each project. The Biological Assessment report for Stage 4 was submitted in February 2024 and the one for Stage 3 will be submitted in April 2024. The review and approval of each document by the National Marine Fisheries Service (NMFS) is estimated to take approximately two years. The decision to underground overhead utility lines, except for the high voltage lines on the west side of the corridor, will be discussed at a future City Council meeting. Stage 3 is funded with State funds (Connecting Washington and Move Ahead WA Funds) and local funds (REET). Stage 4 is funded with Federal grants, State Connecting Washington Funds and traffic impact fees. The $22.5M in Move Ahead WA funds for Stage 3 are currently programmed for 2031. Staff has requested to move the funds forward in the current legislative session to help fund the right of way acquisition phase (2026) and the construction phase (2028). Attachments: Attachment 1 - Presentation Packet Pg. 535 U Hwy 99 Gateway Revitalization Stages 3 & 4 Projects Update March 19th1 2024 SO Alliance / City Staff Agenda •Scope of Improvements •Schedule • Right of Way Acquisitions •Overhead Utilities • Funding • Next steps •I•I=41ImIIII III 1161MUIII: O N d A9 � 1 � i J - 210th St SW 3 212twst sw 3 d v t O d a rr Cu CL 220th St SW - J iJ .y �• 11 0 236th St SW -1.. 1 � Lake Ballinger 46 CITY OF EDMOND HIGHWAY 99 GATEWAY -REVITALIZATION Packet Pg. 538 1 o Sidewalks o Separated bike lanes o Landscape buffers o Stormwater treatment o Street /pedestrian light poles o Capacity Improvements at signalized intersections (238 th and 220t") Inc. 1890 o SR-104 Interchange Active Transportation Safety Improvements o Art opportunities , o Distinct Districts o Possible Conversion to Underground Utilities BAT 1 1 tAN[ i 6 1' 4 5 11 11 11 �, 9 11 LOOKING NORTH I * 1 BAT I 1 1 LANE M"EW. •Notable Changes sincE start design phase o Items approved by Council at March 2023 Meeting ■ WSDOT Complete Streets Implementation • Added separated bike lanes along entire corridor ■ Improvements along 238th and 220th • Added bike lanes along 238tn from Hwy 99 to 84t" • Added active transportation path along 220t" from Hwy 9� to Interurban Trail / 70t" Ave l (City of Mountlake Terrace) Notable Environmental Stormwater Changes Stormwater Treatment -Salmon and 6PPD-quinone o 2020: 6PPD-quinone identified as toxic to adult salmon, especially for coho ■ Dust from vehicle tires contains 6PPD-q ■ Stormwater runoff carries tire dust from roadways Coho solmi spawn 0 2022: USFW and NMFS requires formal consultation for the ESA (salmon), unless stormwater is 100% infiltrated ■ Previously, ESA for stormwater was usually informal and programmatic ■ Now, formal ESA consultations add —2 years to the timeline for f 0 2024: WSDOT is working with N M FS on new programmatic guidance ■ New programmatic agreements may help re( schedule impacts ■ New stormwater manuals through Ecology potentially out in 2024 ■ Likely is litigation between advocacy groups US EPA 10.2.a 220th�St SW ly 212th St SW 1 Edmonds 1 Woodway I Aldercrest He.ii� Health High School 6 Rehab Cep_ 1 Swedish District 1 Hospital 3 ml Medicine Lwegronal Heart ml center n 220th St SW L .. 1 1 1 ' p'°n' International 224th St SW Pl,.. + District 99RaAch 1 Public Marlpt Storage 228th St SWr230th Carket St SW 232nd St SW 234th St SW 99 s a 236th St SP Aurora Gate Marketplace 238th St SW Dist 240th St SW pOCoa ngton 242nd St Sactory n F0 0 nryS 244th St 5 way Lake n ger rict all ♦�� O Major Q Transportation .L,_ Gateway _ of Packet Pg. 544 10.2.a 9 =,a 0 Milestones and Schedule I Preliminary Design Environmental WE ARE HERE Preliminary Design EnvAiironmental 1 UsIII [: L02AMEMILL2O27j Final Design Right of Way Public Involvement Final Design Right of Way Public Involvement L 2028JENER 2029, Construction L 2030 Construction Packet Pg. 545 Right of Way • Facts and Figures o Existing width -100 feet o Proposed width -105 feet to 112 feet o Number of parcels ■ Stage 3: 18 parcels ■ Stage 4: 28 parcels o Preliminary Cost Estimate (planning level in 2022) ■ Stage 3: $2.4 million ■ Stage 4: $5.6 million o 30% Design Level Preliminary Cost Estimate ■ Stage 3: $4.0 million ■ Stage 4: $9.0 million o Reasons for increase ■ Added width for Complete Streets (-I foot to 9 feet) ■ Extended improvements along 2381" and 220th ■ Added acquisition locations for art opportunities ■ Inflation and value appreciation Overhead Utilities Inc. 1890 • Aerial to Underground Conversion Costs o Fully Paid by certain Utility Companies (Comcast & Wave) o Paid by the City for other Utility Companies (PUD & Ziply) ■ with Aerial to Aerial cost credited to the City �� J L�Z 6 DINNER HOUSF Overhead Utility Conversions �A I • Preliminary Cost Summary nc. 1890 • Stage 3 • Aerial to Aerial - $800,000 • Aerial to Underground (net City cost) $5.8 million • Stage 4 • Aerial to Aerial $1.8 million • Aerial to Underground (net City cost) $8.4 million �r 6 DINNER f j -b. ! L ► 1 10.2.a LEGEND: _ HARDSCAPING _ CURB AND GUTTER i CURB RAMP [— _ _ BIKE LANE _ SUS SHELTER E D M 0 N D S H WY 99 STG 3 _ LANDSCAPING ®NEW CROSSWALK DETECTABLE WARNING STRIP —OVERHEAD sari Packet Pg. 549 10.2.a sing - stag LEGEND: _ HARDSCAPING _ CURB AND GUTTER j CURB RAMP [- _ _ BIKE LANE _ SUS SHELTER E D M 0 N D S H WY 99 STG 3 _ LANDSCAPING ®NEW CROSSWALK DETECTABLE WARNING STRIP -OVERHEAD sari Packet Pg. 550 Stage 4 Inc. 1890 Preliminary Cost Estimate $35.7 million � • Design $4.5 million • Right of Way $9.1 million � • Construction $22.1 million • (includes utility undergrounding at $8.4 M) ---------------------------------------------------- Funding — Stage 4 Funding Sources (Design & ROW Phases) Inc• 1890 • Connecting Washington $1.6 Million • Federal Grants $4.2 Million • Move Ahead *** $1.3 Million IL • Local Funds (local match) • Traffic Impact Fees $3 million • REET $1.3 million *** pending request to move forward Move Ahead WA funds LIM 11111111111 - / ---------------- 1111111111111111 ' ... r 10.2.a • • • Ah 2 • at iii ��� -e- - T, -4 E mw ----7 \ — *- 1p, , Nq or IN LEGEND: _ HARDSCAPING - CURB AND GUTTER CURB RAMP m BIKE LANE EDMONDS HWY 99 STG 4 Packet Pg. 553 LANDSCAPING ® NEW CROSSWALK _ DETECTABLE WARNING STRIP —BIDS SHELTER i r:, — cut wan U Next steps • Decision to underground overhead utility lines • Pending legislative request to program Move Ahead WA funds earlier t • Amend SCJ Agreement to continue Design work • New Environmental / Stormwater requirements • Design work for 2381" St and 2201" St extensions • Work on ILA Agreement with WSDOT regarding future Hwy 99 overlay • Public Outreach 10.2.a questions � Q Packet Pg. 555 10.3 City Council Agenda Item Meeting Date: 03/19/2024 Comprehensive Plan- Draft Growth Alternatives Staff Lead: Susan McLaughlin Department: Planning & Development Preparer: Susan McLaughlin Background/History The City of Edmonds is updating its Comprehensive Plan (the Plan) to be consistent with the Growth Management Act (GMA), Vision 2050 Growth Strategy, Snohomish County Countywide Planning Policies, and other local plans and policies. The city is committed to developing a comprehensive, consistent, and culturally relevant plan that will guide the City's decision -making and development through 2044. The Plan update is titled Everyone's Edmonds to reflect our commitment to inclusivity and to elevating voices of underrepresented members and organizations within our community. Since the city completed its last periodic update in 2015, Edmonds was designated as a high -capacity transit (HCT) community in PSRC's Vision 2050 regional growth strategy, which shifted expectations on future growth. According to the growth targets adopted by Snohomish County in 2021, Edmonds will need to accommodate an additional 13,000 residents, 9,000 housing units, and 3,000 jobs by 2044. While previous planning indicated a surplus capacity for population and employment until 2035, the current planning foresees a deficit of approximately 4,000 residents and 500 jobs by 2044 based on existing zoning. The city must plan for this additional growth as a part of this periodic update while meeting the affordability, income, and density requirements of House Bills 1220, 1110, and 1337, which the state legislature adopted in 2021 and 2023. Staff Recommendation This is an informational briefing. Staff and the Consultant team will present the growth alternatives at the meeting and will be available for Council questions. Narrative The City is developing growth alternatives to identify areas suitable for accommodating anticipated growth to comply with the State Environmental Policy Act (SEPA) requirements for the Plan's environmental impact statement (EIS). These alternatives show different ways that the city could meet its forecasted population and employment growth. The goal of the SEPA EIS process is to provide decision makers with information that they need about environmental impacts so that they can make a project decision. In this case, the decision maker is the council voting to adopt a 2024 Comprehensive Plan Update considering the impacts that were disclosed in the EIS. The decision could be to adopt one Packet Pg. 556 10.3 of the action alternatives or to create a blend of the two, as long as all potential impacts have been analyzed in the EIS. The EIS identifies environmental conditions, potential impacts of the different growth alternatives, infrastructure investment needs, and measures to reduce or mitigate any significant, unavoidable adverse environmental effects. SEPA regulations require a "no action" alternative and a minimum of two reasonable alternatives with actions that can feasibly attain or approximate a proposal's objectives. The alternatives must include sufficiently detailed analysis to enable a comparative evaluation. Two growth alternatives have been developed based on community input and staff analysis, taking into account state and county - recommended methodologies. All three alternatives assume consistent growth with the 2044 Initial Population, Housing, and Employment Growth Targets, developed and adopted by the County in alignment with PSRC's VISION 2050. The attached Existing Conditions Memo (Attachment 1) is a foundation for analysis, decision -making, and planning. The memo includes preliminary findings from the community outreach events held between September and December 2023, along with demographic, economic, and spatial data analysis. Additionally, it highlights ongoing or new City initiatives relevant to the comprehensive plan, laying the groundwork for the proposed growth alternatives. The Land Use Capacity Analysis Memo (Attachment 2) outlines proposed methods and assumptions for the forthcoming City of Edmonds' Land Capacity Analysis within the Everyone's Edmonds Comprehensive Plan Update. This method aligns with the GMA targets for new jobs and housing, while ensuring compliance with recently adopted state legislation (1110, 1337 and 1220). The Planning Board has helped to shape the draft growth alternatives (Attachment 3) and the public will have a chance to review, comment and question them over a month long online open house at https://edmonds2044.infocommunity.org/, which opened on Monday, March 11. The City will also host an in -person public forum on March 23rd at City Hall Brackett room from 10:30a-12:30p, in collaboration with the Planning Board. In addition, the City's new Community Champions committee will assist in gathering feedback from the underrepresented communities in Edmonds. Attachments: Attachment 1 - Existing Conditions Memo Attachment 2 - Land Capacity Analysis Methodology Attachment 3: Growth Alternatives _City Council _March 19_Final Packet Pg. 557 Draft Existing Conditions Memo 10.3.a Outline: A. Purpose of the Memo B. Planning Context: City of Edmonds B.1. Local and Regional Context B.2. Community's vision for the City of Edmonds B.3. City's key initiatives C. Land Use C.1. Existing Land Use C.2. Parks and Open Spaces C.3. Environmentally Critical areas D. Housing D.1. Existing housing types D.2. Key Housing Facts D.3. Changing Context D.4. Equity and Housing E. Economic Development E.1. Commuting and Employment E.2. Employment Sectors in Edmonds vs Comparison Cities E.3. Working from Home Trends F. Area Profiles F.1. Downtown F.2. Waterfront F.3. Westgate F.4. Five Corners F.5. Firdale F.6. North Bowl F.7. Perrinville G. Highway 99 Subarea Plan Appendix: Existing Conditions for Highway 99 Subarea 1 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 558 10.3.a Draft Existing Conditions Memo Existing Conditions Purpose of the memo The purpose of this memo is to summarize existing conditions for the City of Edmonds, providing a basis of information for analysis, decision -making, and planning. The memo presents preliminary findings from September to December 2023, including demographic, economic, and spatial data analysis. This memo also identifies the ongoing or new City initiatives relevant to the comprehensive plan as available. This memo sets the stage to advance draft conceptual growth alternatives. City of Edmonds: Local + Regional Planning Context The City of Edmonds is in south Snohomish County on the western shores of Puget Sound, approximately 14 miles north of Seattle. Situated within the urbanized Puget Sound region, the city encompasses approximately 8.9 square miles (5,700 acres) in area, including five linear miles of marine shoreline. Puget Sound bounds the city on the west, Lynnwood and Mountlake Terrace on the east, unincorporated Snohomish County on the north, and Woodway and the City of Shoreline on the south. The unincorporated area of Esperance, located in the city's southeast corner, is an enclave of Edmonds. A. State Framework Goals The Washington Growth Management Act (GMA) establishes a framework for jurisdictions to manage and accommodate growth. The GMA sets requirements for comprehensive planning to guide future growth towards shared goals and ensure consistency and coordination between jurisdictions. Per the GMA, Edmonds is projected to grow by 13,000 people over the next twenty years. The City of Edmonds Comprehensive Plan updates are responsive to the capacity needs of this growth and are in accordance with the requirements of the GMA. The GMA contains statewide planning goals intended to guide the development and adoption of comprehensive plans. B. Regional Goals The Puget Sound Regional Council (PSRC) is a Regional Transportation Planning Organization under chapter 47.80 RCW. The City of Edmonds is a member of PSRC. VISION 2050 provides a framework for how and where development occurs and how the region supports efforts to manage growth. "VISION 2050 is the shared regional plan for moving toward a sustainable and more equitable future. It encourages decision -makers to use existing resources and planned transit investments wisely while achieving the region's shared vision. VISION 2050 sets forth a pathway that strengthens economic, social, and environmental resiliency while enhancing the region's ability to cope with adverse trends such as climate change and unmet housing needs. As the region experiences more growth, VISION 2050 seeks to provide housing, mobility options, and services in more sustainable ways. Most importantly, VISION 2050 is a call to action to meet the needs of a growing population while considering the current needs of residents. VISION 2050 recognizes that clean air, health, life expectancy, access to jobs, and good education can vary dramatically by neighborhood. VISION 2050 works to rectify past inequities, especially for communities of color and people with low incomes. " 2 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 559 10.3.a Draft Existing Conditions Memo C. Planning Policies New state housing bills have been passed to address long-term state trends around housing availability in single-family zones in the Puget Sound Region. These bills are intended to promote housing supply, choice, and affordability. HB 1110 requires at least two homes to be allowed per lot. HB 1337 requires at least two accessory dwelling units (ADUs) per lot must be permitted in attached or detached configurations. The Edmonds Comprehensive Plan will address changes based on these specific regulations. More information on implementing these policies and regulations will be included in the Draft Housing Element, the Draft City of Edmonds Land Use Capacity Analysis, and its subsequent Growth Scenarios. D. Community's Vision for the City of Edmonds: Following extensive public outreach in the summer of 2022 and subsequent review by the Edmonds Planning Board, the following vision statement was developed for the Comprehensive Plan. "Edmonds is a charming and welcoming city offering an outstanding quality of life for all with vibrant and diverse neighborhoods, safe streets, parks, and a thriving arts scene shaped to promote healthy lifestyles, climate resiliency, and access to the natural beauty of our community." The consultant team held community meetings in December 2023, focusing on seven different geographic areas within Edmonds. Notable themes heard from the community are summarized below. The community's feedback and the city's common vision statement will be used to develop the City of Edmonds's growth alternatives. • Improve access, safety, and walkability to and within neighborhood commercial areas and centers... We heard ideas about increasing bus frequency, improving bus shelters, optimizing parking (reducing its impact and visibility), and creating connective pedestrian pathways that address missing crosswalks and incomplete sidewalks and mitigate high-speed traffic. • Introduce selective elements for place -making ... We heard community members discussing the need for more places to gather within the public realm and access to outdoor comfort and activities- e.g., seating, canopies, and heating. Community centers (public uses) and mixed - use development can be designed and introduced selectively to animate centers. • Protect and expand environmental assets.... Consistent support for more greenspace, trees, and nature within the built environments; desire to keep waterfront natural, protect the marsh, and reduce the visual impact of surface parking. • Grow mindfully.... Provide options for the neighborhood's commercial areas to grow and enhance existing assets. This includes introducing a range of services not currently available and exploring compact, diversified housing while keeping things low rise. People like the modest scale of Edmonds. • Preserve and enhance Edmond's uniqueness... through more attention to aesthetics, architectural styles, and local culture, and (maintaining) the experience of key City viewsheds to the water. Public art and popular businesses are intrinsic to what it means to be in Edmonds. Celebrate the identity of each neighborhood center. 3 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 560 10.3.a Draft Existing Conditions Memo E. City of Edmonds Key Initiatives: The Comprehensive Plan Update is an opportunity to integrate new components, including an updated Parks, Recreation and Open Space (PROS) Plan, Comprehensive Plans for Water system, Sanitary Sewer, and Storm and Surface Water management. In addition, aspects of the city's key initiatives can be reflected in updated goals and policies. Initiatives and approaches are summarized below: Climate Action Plan of 2023: This plan identifies actions the city and community can take to remain on target through 2035. This plan examines some of the ways climate change is likely to affect Edmonds. It identifies steps needed to understand and prepare for changes to rainfall and snowpack, summer heat and drought, and sea level rise. This Plan provides a roadmap and a few indicator metrics to help the community know how they are doing. The Comprehensive Plan will include climate -responsive policies and update the city's goals in the community sustainability element of the document. Growth alternatives may adopt sustainable land uses and transportation strategies that support mixed -use and transit -oriented development in neighborhood commercial centers to encourage close -to -home local shopping and employment opportunities. The comprehensive plan update is also an opportunity to introduce the subject of equity in the discussion of climate change. Climate action and equity can be applied as one of the comparative metrics for the growth alternatives. Reimagining Neighborhoods + Streets: Creating Community Spaces Together: This project is an opportunity to plan what the streets of tomorrow will look and feel like. New street typologies will consider vehicle movement and ensure that street design serves social, environmental, and economic needs and functions. Public space typologies will be designed to optimize the existing right of way by enabling social hubs, expanding connectivity, and improving environmental outcomes. Policies in the Comprehensive Plan will reflect these changes and city priorities. • Accessory Dwelling Unit Code Amendment to allow for Detached Accessory Dwelling Units: The city is currently developing a new policy approach to expand housing options by easing barriers to the construction and use of accessory dwelling units in accordance with HB 1337. The core objectives are to: • Allow DADUs in the City of Edmonds. • Align with HB 1337 in terms of development standards. • Provide clear and objective guidance for those who add ADUs or DADUs to their property. • Provide code standards for height, floor area, parking, utilities, etc. The comprehensive plan will coordinate and align with these objectives and resulting policies. • Tree Code Updates: Tree protection ordinances are one of the ways cities balance urban growth with preserving a healthy, sustainable, and livable community. In 2020-2021, Edmonds' tree code was updated to support the Urban Forest Management Plan (UFMP) Goal I to reduce development impacts on the urban forest. In early 2022, Edmonds completed a Tree Canopy Assessment measuring tree 4 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 561 10.3.a Draft Existing Conditions Memo canopy cover to guide canopy -enhancing strategies such as tree planting programs, public education, and tree code updates. The tree code updates are still in process. Growth projections in Edmonds Snohomish County produces a "Buildable Lands Report" based on Countywide population projections, most recently adopted in 20211. A detailed methodology defined by the county determines the "baseline" capacity available for growth within each City. The Buildable Lands report does not account for the assumed increase in available capacity resulting from the House Bills 1110, 1337, and 1225. This has shifted the context for planning in single-family residential areas to enable Accessory Dwelling Units and encourage "missing middle housing types." 2020 Target 2044 Growth Population 42,853 55,966 13,113 Housing Units 19,005 28,073 9,068 Jobs 14,174 17,232 3,058 1 https://snohomishcountywa.gov/1352/Buildable-Lands 5 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 562 Draft Existing Conditions Memo 10.3.a Existing Land Use Much of the city is characterized by detached single-family residential lots, representing about 75% of the total land area and 85% of the land area containing residential units. Edmonds is lower scale and suburban; its corresponding zoning prescribes height limits. Three stories are allowed for much of the city — this is slightly lower on downtown shopping streets and slightly higher in select areas, except for 75' along the Hwy 99 corridor (as defined in the Highway 99 Sub Area Plan). The 2020 Comprehensive Plan Future Land Use Map resembles the existing land use pattern. It focuses future development into two defined "activity centers": • The MedicaUMighway 99 Activity Center Hotel and healthcare uses are clustered along Hwy 99 • The Downtown/Waterfront Activity Center Hosts a variety of commercial and non- residential uses, including an Arts District. Beyond downtown, commercial and mixed -use areas are spread across the city. Parks and Open Spaces Existing Land Use Detached Residential Accessory/Attached - S-Plex Residential. 91 Units Residential` General Commercial & Office y Parks and Open Space Public Services Healthcare - Education r �" Utilities and Industrial~ Hotel Vacant Historic _ R'^ "Including ground i� . ■� - floor mixed use ^•_ a A t' T�]msc � ■^ ■ WA. . _ Miles 1' - 500' N 0 1 2 4 Figure 1: Existing Land Use Data Source: 2021 Snohomish County Buildable Lands Study The 2022 PROS Plan is the six -year, functional plan for the Parks, Recreation, Cultural Arts and Human Services Department, serving as the blueprint for the management, enhancement, and growth of the City of Edmonds parks and recreation system and anticipates the programming and capital infrastructure investments necessary to meet the community's need for parks, recreation, open space, trails, and arts and culture. Key recommendations from the 2022 PROS Plan include the following: • Acquisitions to Fill the Park System Gap to address inequities in parkland distribution. • Park Development & Enhancements (Like Yost Pool replacement), which will also be part of the Capital Facilities element of the Comprehensive Plan Document. • Trail Connections including sidewalk and bike lane improvements. ADA, Accessibility & Other User Convenience EnhancementsFindings in the Plan inform the 2024 Comprehensive Plan update, aiming to facilitate ways for more people to enjoy existing parks and identify actions to expand park facilities. 6 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 563 Draft Existing Conditions Memo 10.3.a Environmentally Critical Areas RCW 36.70A.030(5) defines five types of critical areas in Washington State: • Wetlands. • Areas with a critical recharging effect on aquifers used for potable water. • Frequently flooded areas. • Geologically hazardous areas (e.g. steep slopes) • Fish and wildlife habitat conservation areas. Steep slopes in Edmonds are located primarily in the northern and central edges of the city, creating a physical separation of its neighborhoods to the east within the downtown. Significant vegetation is at Yost Park, Pine Ridge Park, Maplewood Park, Southwest County Park, and east of Edmonds Marsh. Almost all the waterfront and a small part of south downtown are in a 100-Year Floodplain and Liquefaction Zone. In 2024, the City of Edmonds is developing a Critical area Aquifer Recharge site designation, which will be referenced in the Comprehensive Plan and might impact future areas of change. Hazards Moderate Risk Liquefaction Zone High Risk Liquefaction Zone 100yr Flood Zone Stream / Shoreline Figure 2 Liquefaction risk and flood map for Edmonds Waterfront Area Data Source: USGS 7 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 564 Draft Existing Conditions Memo 10.3.a I_1 City of Edmonds WASHINGTON y. ;.: w r ',,I''. Single Family Zoning & Critical Areas Figure 3 Single Family Zones and Critical Areas Source: City of Edmonds ouee.xi� 8 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 565 Draft Existing Conditions Memo 10.3.a Housing As noted, Single-family residences are the predominant land use within Edmonds. Figure 4 illustrates the location and percentage of units by building type. About 60% of the city's population is housed in single- family units, taking up 85% of the land area containing residential units. About one -quarter of the city's population is housed within the purple areas of the map — clustered downtown, Westgate/along SR 104 in buildings larger than 12 units. Most of the city's residential lots contain 1 unit, with few duplexes. 51-100 Unit, 101-300 5.50% Unit, 5.90% 13-50 5-12 Unit, Single 6.70% Family, 59.80% Tri/Quadp lex, 3.10Tr Duplex, 4.40% Unit Count �2 3-4 5-12 13-50 51-100 101-300 -A — - _ \ Miles 1"=500' N 4 Figure 4 Distribution of housing types across City of Edmonds Data Source: 2021 Snohomish County Buildable Lands Study Housing and household statistics for the City of Edmonds: Housing units, 2020 47,023 Owner -occupied housing unit rate, 2020 71.6% Median value of owner -occupied housing units, 2018-2022* $761,300 Median gross rent, 2018-2022* $1,821 Households, 2018-2022* 18,269 Persons per household 2.29 Source: Housing Characteristics and Needs in Snohomish County Report 2023 *2022 data from https.//www.census.gov/guickfacts/fact/table%dmondscitywashington 9 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 566 Draft Existing Conditions Memo 10.3.a Cost burdened households: There are more homeowners in Edmonds than renters. Total renter -occupied households: 28.4% In Edmonds, rental housing is strongly associated with multifamily and is clustered in the areas shown in the figure at right. Renters also comprise more cost -burdened households defined as >30% of income on rent/mortgage. Edmonds contains: • 45.6% of renter households (est. 37% regionally in 2020) are cost burdened. • 29.9% of owner households are cost -burdened. • 90% of subsidized units are in multifamily with smaller units and infrastructure costs. Miles 1-500' N 0 1 1 4 Figure 5 Renter occupied households Data Source: 2020 Census 10 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 567 Draft Existing Conditions Memo 10.3.a Age of Housing Stock: Much of the existing housing stock is now aging. Year Buit It was built between 1949 and 1972, placing 1872- 1%4 many lots within the city in position for ® 1905- 1918 replacement and potential redevelopment. -1934 19191919- 1948 1949-1957 1958 - 1964 1965-1972 1973-1983 1984-1997 1998 - 2013 City Lim Rs R1' � f � % , � A • L O 42 Figure 6 Age of Housing stock Image from Housing Profile of City of Edmonds by the Alliance for Housing Affordability, 2015 Data Source: Snohomish County Assessor, 2012 11 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 568 10.3.a Draft Existing Conditions Memo Lot Sizes Lot sizes in Edmonds generally correlate to the location and age of development. The smallest lots are located closer to downtown, while the largest are in the northern neighborhoods and along the waterfront. The average lot size is about '/4 acre. A Changing Context e� — Miles 1"=500' u 0 1 2 4 Figure 7 Lot size in Single Family Zones Data Source: 2021 Snohomish County Buildable Lands Study Edmonds Citizen's Housing Commission, initiated in 2019, was tasked with providing a fresh look at Edmond's housing policy in the context of the ongoing housing crisis. A package of policy recommendations was submitted to the Council in 2021. The Commission recommendations outline best practice mechanisms to support housing affordability and provide greater access to housing choices for renters and homeowners of all incomes. The Citizen's Commission explored practices to introduce infill, ground -oriented housing units that fit within existing neighborhoods. Ground -oriented housing constitutes accessory dwelling units, duplexes, triplexes, and quadraplexes, often complemented by nearby small-scale retail. Reintroducing these forms of walkable, low -impact housing has been popularized under the term "missing middle."" These units have been found to a) increase rental and homeownership options in desirable neighborhoods, b) make efficient use of existing municipal infrastructure, and c) not impact the scale or character of neighborhoods. The Citizens Housing Commission supports sensitively placed housing— e.g., adding a secondary dwelling unit or replacing a single-family detached home with a fourplex or duplex. The Commission also 2 https://mrsc.org/explore-topics/planning/housing/missing-middle-housing 12 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 569 Draft Existing Conditions Memo 10.3.a includes supporting statements for new "urban villages" within accessible areas to share growth more equitably. Residential Permit Data for the City of Edmonds is included in the following. 140 120 100 80 60 40 20 0 Housing Permits Issued in the City of Edmonds by Type Single Family—2 to 4 Unit Structures —5+ Unit Structures 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Housing Permits Issued, City of Edmonds, 2012- 22 2 to 4 Unit Structures, 6^ 6% Single Family, 406.37% Figure 8 Housing permits issued in Edmonds by housing type Data Source: U.S. Department of Housing and Urban Development (HUD); https://www.huduser. goy/portal/datasets/socds.html 13 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 570 Draft Existing Conditions Memo 10.3.a Housing Displacement Risk As part of the VISION 2050 plan update, the PSRC has developed the Displacement Risk Mapping tool that combines data on local community characteristics into an index that classifies areas as having lower, moderate, or higher risk of displacement based on current neighborhood conditions and data from economic and local demographic pressures. Identifying specific areas with a heightened risk of displacement helps achieve more equitable outcomes in planning by supporting local communities and focusing mitigation programs and strategies toward these areas. Although the City of Edmonds falls under the "Lower" risk category, the risk shown is relative to the Puget Sound region. It does not identify the potential risk of displacement at a geographic scale finer than the U.S. Census tract. The comprehensive plan will consider multiple ' studies and data points to reflect the City's equity goals and propose policies that help mitigate displacement risks. Displacement Risk Data Lower Moderate H-gher �I w Figure 9 Housing Displacement Risk Source: https://www.psrc.orglour-work/displacement- risk-mapping 14 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 571 Draft Existing Conditions Memo 10.3.a Environmental Health Disparities WA State Department of Health's environmental health disparities map provides a weighted equity benchmark. It estimates a cumulative environmental health impact score for each census tract, reflecting pollutant exposures and factors that affect people's vulnerability to environmental pollution. The model is based on a conceptual formula of Risk = Threat * Vulnerability, where threat and vulnerability are based on several indicators. The threat is represented by indicators that account for the pollution burden, a combination of environmental effects, and environmental exposures in communities. Vulnerability is defined by indicators of socioeconomic factors and sensitive populations for which there is clear evidence that they may affect susceptibility or vulnerability to an increased pollution burden. The data on the map includes 19 indicators not limited to: • Exposure to Environmental Pollutants • Environmental Effects such as proximity to hazardous waste treatment etc • Educational Attainment • Cost -Burdened Households • Poverty Rate • Population with a Disability • Life Expectancy Figure 10 Environment Health Disparities Map Source: https://doh.wa.gov/data-and- statistical-reports/washington-tracking- network-wtn/washington-en vironmental- health-disparities-map 15 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 572 10.3.a Draft Existing Conditions Memo Housing Affordability Household income is another important determinant of housing demand, especially regarding affordable housing. For the county as a whole, the median annual household income is slightly over $89,000 (Source: American Community Survey (ACS)). This is the county median income, distinct from the Housing and Urban Development Area Family Median Income (AMI) for Snohomish County, part of the Seattle Bellevue Metro Area. For affordability analysis, the Housing and Urban Development Area Family Median Income (AMI) for Snohomish County value is used, which is $113,300 for 2020 (Source: Housing Characteristics and Needs in Snohomish County Report, Pg 33) Income level definitions in RCW 36.70A.030: Extremely low income: 0-30% of AMI Very Low Income: 30-50% of AMI Low Income: 50-80% of AMI Moderate income: 80-120% of AMI Equitable Housing Policy Median Household Income ($) C 0 Q 1 - 10000 10001-75000 - 75001 - 100000 _ 100001 - 158750 0 0.5 1 N i Wes I Graph. u o(land USFWS Figure 11 Median Houshold Income (at Census block group level) Source: US Census The goal of the Comprehensive Plan update is to set conditions in place to encourage the market to develop housing that is affordable to all members of the community. Achieving equity in housing is crucial for creating inclusive and diverse communities. Existing comprehensive plan policies within the Housing element include equity supportive strategies such as allocating a density bonus for low-income senior housing, low-cost housing type provisions, and housing financing strategies. Based on guidance from House Bill 1220 and extending the City's focus on equitable distribution of housing and jobs, an updated Housing element may more intentionally address racially disparate impacts, exclusion, and displacement risk in housing through policies and regulations. The housing analysis will be updated with a description of household diversity, affordable housing concerns, household income trends, and more detail regarding housing type and size diversity. 16 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 573 Draft Existing Conditions Memo 10.3.a Economic Development Commuting and Employment Patterns In 2020, 92% of employed Edmonds residents commuted elsewhere for their jobs. Historically, a significant part of economic development in Edmonds has been to provide residents with a great community so they can access jobs located elsewhere. Jobs in Edmonds are concentrated in the Medical Activity Center/Swedish Medical Center, Downtown, Highway 99, and other locations. Out of—19,300 employed residents of Edmonds, 17,900 commute out of Edmonds. Only 1400 both live and work in Edmonds. 11,800 people commute to Edmonds for their jobs. Employment Sectors in Edmonds vs Comparison Cities Location of Jobs Figure 12 Location of Jobs in Edmonds Source: US Census, LEHD On The Map, 2021 Healthcare and social assistance are the largest source of jobs for Edmonds' employees and residents. Manufacturing is the mostly absent sector. Industry Category Edmonds vs Bothell & Woodinville Health care and education 2.9% Construction 2.2% Edmonds has Finance, insurance, and real estate 1.9% more jobs than Arts, recreation, accommodation and food services 1.6% comparison cities. Transportation and warehousing, and utilities 0.8% Retail trade 0.7% Other services 0.1% Public administration 0.0% Agriculture, forestry, and mining -0.1% Wholesale trade -0.5% Information (including technology) -1.8% Edmonds has Manufacturing -2.8% fewer jobs than Professional, scientific, management, & other services -5_0% Comparison cities. Figure 13 Employment sectors in Edmonds vs Bothell and Woodinville Source: US Census and American Community Survey Data via PSRC Community Profiles. 17 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 574 Draft Existing Conditions Memo A second "tier" of industries provides a significant number of jobs for Edmonds residents and employees: • Retail • Professional, Scientific and Technical Services • Accommodation and Food Service (more commute in to do this) • Education Working from Home Statistics The COVID pandemic has changed where Americans work. Work from home rates vary widely across the country. Large metro areas with high employment rates in professional and technology fields, such as Puget Sound, Portland, and the San Francisco Bay Area, have high rates of remote work. In contrast, smaller cities and rural areas have low rates of remote work. Before the pandemic, around 5 percent of the nation's workforce worked from home on a given day. As the pandemic ended, that number settled to about 25 to 30 percent —five times the pre -pandemic amount. In 2022, data from the American Community Survey (ACS) / U.S. Census Bureau indicated that 25.3% of workers in the Edmonds area were working from home or remotely. Share of Workers Age 16 + who Worked Remotely in 2022 < 6.9% 6.9%-9.9% E 9.9%-13.2% 13.2%-17.1 % "7.1 %-21.9r-b 21.9%-28.8% ■ z 28.8% Figure 14 Share of Remote workers Age+16 in 2022 Source. Economic Innovation Group, American Community Survey (A CS) - U.S. Census Bureau, https://eig.org/remote-work-in-20221 18 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 575 10.3.a Draft Existing Conditions Memo Impact on Land Use and Economic Development Policy: • With more people working from home, there may be a renewed focus on local community spaces and services, revitalizing neighborhood centers and local businesses. There could be an increased emphasis on local retail, neighborhood amenities, and delivery services to serve residents working from home. • The Comprehensive Plan can adopt flexible land use policies to accommodate the changing work dynamics, e.g., mixed -use developments can create co -working spaces within residential areas. Area Profiles The Consultant team assessed a set of neighborhoods and conducted a series of Neighborhood Community meetings to understand the opportunities and challenges in each area. These discussions help to inform plan alternatives and will underpin future policy development. The profiles below are not intended to be comprehensive of the Community Meetings. All Community Meeting Presentations are available on the City of Edmonds website, including "key themes." A. Downtown Key characteristics: • Mixed Use Core • Shifting grid of streets, oriented to waterfront • Variety of lot sizes & historic properties • Ferry traffic and the railway act as barriers to accessing the waterfront Dayton Ave: Looking west 19 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 576 10.3.a Draft Existing Conditions Memo Centerfor thea Arts ' t. Civic Playfield Arts Corridor Municipal ComplexId .� Pet I r 4� i Salish� Main Street Theater/ _Crossing Library '7 ii Dayton St 3 Treatment o c Harbor Plant Square 1 (Q Marsh _ F ; City Park t Y d L CQ G 0 4th Avenue South Streetscape L? 1,- 20 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 577 10.3.a Draft Existing Conditions Memo Opportunities Challenges Dayton Ave is a critical connection between the Ferry Traffic and Railroad are barriers to the Waterfront, Downtown, and the transit station. Waterfront. Explore opportunities for streetscape design and infill development. Edmonds downtown is one of the two economic The community's input is conservative on centers of the city. It has the capacity to support facilitating change to downtown: Build on what more economic activity and hence support local is here already, improve what exists, and infill Businesses. Explore the potential for appropriate with new opportunities that maintain existing policies, e.g. modest, strategic height, or density character. bonuses in exchange for desired land uses and public benefits/amenities. How do we create a "Sense of Place" and Vibrancy without change? B. Waterfront The Port of Edmonds is in the southern portion of the city's waterfront. The Port owns and manages 33 upland acres and a small boat harbor and marina, with space for 1,000 boats (approximately 11 acres). Various services and marine -related businesses are located on the Port's properties. Waterfront Today: There are multiple projects planned around the waterfront and the Marina. A brief status update for the projects is summarized below. 21 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 578 Draft Existing Conditions Memo 10.3.a OEdmonds Crossing New Ferry Terminal Project Cancelled ©Marsh Restoration Dependent on Unocal Property Clean Up © Transfer of Unocal Property Site clean up almost complete OMissing Pedestrian Walkway link Still under litigation ©Bulkhead Reconstruction Construction estimated to begin in 2025 OSound Transit Station Access Projects relayed O BNSF Railway Double Tracking Part of multi year capital investment plan. Timeline unknown QMarina Beach Park improvements Design ano construction occurring 2024 - 2026 (independent Masterplan) With the removal of the Edmonds Crossing project, the comprehensive plan update will include a `vision for the waterfront', including potential changes to land use designation. The Waterfront can be divided into t Area 1: Ferry Terminal Zone Area 2: Salish Crossing & Harbor Square Area 3: Marina & Waterfront Promenade Area 4: Edmonds Marsh to d R C Q t 0 :7 R L G C M a d 5 C Q s m a E 0 U 22 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 579 Draft Existing Conditions Memo 10.3.a Area Opportunities Challenges Area 1 • Crafting a new vision for the Ferry • Mitigating Ferry Traffic impacts Ferry Terminal Area Terminal • Improve Public Access to the Waterfront Zone Area 2 • Dayton Street, with pedestrian • Publicly owned parcels with transit and improvements, can be developed as a key parking uses Salish link between Waterfront and Downtown •Strong opposition to increases in height Crossing & . Infill development along Dayton St. allowances reduces the likelihood of Harbor Square private sector investment that can help • More Uses for Salish Crossing Parcel pay for infrastructure upgrades • Existing uses within Harbor Square can be preserved; explore additional uses to support waterfront activity Area 3 • Repair the Marina Seawall and Replace • Regulation barriers to new commercial the Portwalk with a Sustainably development Marina & Designed Surface. (Current Port Waterfront Initiatives) Promenade • Increase Public Enjoyment and Usability of Port Property. Area 4 • Protect & Enhance the Marsh for Future • Transfer of Unocal Property to the City Generations of Edmonds Edmonds . Create Flood Protection Measures to get • Daylighting of Willow Creek Channel Marsh ahead of future sea level rise for Salmon Habitat • Initiate Environmental Restoration • Establish Funds for Marsh Restoration Educational Opportunities C. Westgate Key Characteristics: • Established retail center at the crossroads of 100t1i Ave /Edmonds Way • Central location between Downtown and SR-99 • Serves South Edmonds neighborhoods (instead of traveling Downtown or 1-99) • On Route to and from the ferry terminal • Served by Bus transit 23 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 580 Draft Existing Conditions Memo 10.3.a Opportunities Challenges Explore adding new housing — adjust design Car -oriented, traffic impacts, need for traffic standards to support building forms that can calming measures. Improved pedestrian better integrate with the public realm and networks around the intersection revitalize the neighborhood Explore means encouraging more visible and Steep slopes form a natural boundary around accessible public spaces, e.g., pocket parks, the commercial center, act as a limit on lighting, and landscaping. Consider expansion streetscape and prioritize placing the public realm "up front" at the street edge. Explore the potential for new civic spaces, such as a community center, to act as a broader neighborhood catalyst. D. Five Corners Key Characteristics: • Five -way intersection connects neighborhoods, intersection with iconic roundabout. • Local restaurants, cafes, and services — unique and community -oriented spaces. • Adjacent multi -family. • Node located west of the I-99 corridor, served by bus transit. • Connects to Main Street leading to Downtown. • Serves central Edmonds neighborhoods. 24 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 581 Draft Existing Conditions Memo 10.3.a Opportunities Challenges Create new public spaces, e.g. explore the Need for traffic calming measures. Improved reconfiguration of the 5-corners intersection. pedestrian networks around the main intersection Enhance multi -modal transportation and Concern for universal access, which is extend bike routes. Pedestrian amenities: currently inconsistent throughout the center widen sidewalks and crosswalks; bring forward the natural environment with connections to green spaces and trails. Explore means to ensure future development Surface parking areas detract from the can be oriented to the street edge and place character parking behind. Explore means to attract anchor businesses; increase types of businesses and destinations, e.g. east of roundabout along 212, capturing students from high school Explore select urban development to give Five -Corners a destination and create a "sense of place" E. Firdale Village Key Characteristics: • Originally established in 1966 as an arts center, Firdale Village Shopping Plaza features over 25 businesses operating out of a colonial -style building. • Phoenix Theater and surrounding businesses provide a foundation of social infrastructure and neighborhood culture; Existing buildings offer a unique character. • Serves south Edmonds neighborhoods (instead of traveling Downtown or 1-99); Served by bus transit. 25 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 582 Draft Existing Conditions Memo 10.3.a • Adjacent multi -family residential development. Opportunities Challenges Connect to existing residential land uses with Need for traffic calming measures: improved pedestrian pathways, pedestrian -friendly pedestrian networks, missing sidewalks, attributes on streets stairways. Explore selective housing (re)development, Constrained by steep slopes at one end with some small-scale commercial use at Firdale Village and in selective areas of North Firdale Consider ways to reconfigure/redevelop Missing opportunities to stop and stay, surface parking to create new public space including coffee shops, gathering spaces, or and amenities more cultural destinations Explore selective locations to add affordable housing, mixed -use, and missing middle housing F. North Bowl Key Characteristics • Acts as a gateway location to North Bowl & Seaview residential neighborhoods • Convenient stop with local restaurants, shops, & gas station • Adjacent to Edmonds Elementary School • Views of Puget Sound, Sunlight, with southwest exposure • Bus transit, close drive to Downtown 26 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 583 10.3.a Draft Existing Conditions Memo Opportunities Challenges Explore policies that "connect" North Bowl Need for traffic calming measures. Improved to existing residential (e.g. pedestrian pedestrian networks around the main pathways) intersection Support community health through Constrained by steep slopes at one end preservation/expanding green space; explore dual use of playfield Explore adding selective density, low-rise Stormwater management, downhill apartments, and other ground -oriented conditions, concern around landslides housing to improve housing equity in the City of Edmonds and support local business Create a new sense of place for the neighborhood along Puget Drive, leverage Elementary School G. Perrinville 27 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 584 10.3.a Draft Existing Conditions Memo Key Characteristics • Newer commercial development in Lynnwood • Unique community character • Steep slopes and forested areas naturally limit this area • Local bus service Opportunities Challenges Build on Perrinville's unique environment to Unsafe pedestrian crossings make a walkable street edge Explore opportunities to add housing choices leveraging the good accessibility to commercial uses in Lynnwood. Highway 99 Subarea Plan Highway 99 occupies a narrow strip of retail and commercial uses bounded by residential neighborhoods. To improve planning for the future of the corridor, the City undertook a subarea planning process, resulting in the adoption of a Highway 99 Subarea Plan. Supported by an extensive public participation process, this plan refined the district concepts for the corridor and provided more in-depth plans for transportation and the built environment, especially its design and relationships to surrounding residential areas. At the time of adoption in 2017, the Subarea Plan was supported by the Planned Action Ordinance (PAO)3. 3 A planned action involves detailed State Environmental Policy Act (SEPA) review and preparation of EIS documents in conjunction with sub -area plans, consistent with RCW 43.21C.031 and WAC 197-11-164 through WAC 197-11- 172. Such up -front analysis of impacts and mitigation measures then facilitates environmental review of subsequent individual development projects. Source: https://mrsc.org/explore-topics/planning/land-use-administration/planned-action 28 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 585 Draft Existing Conditions Memo Future development proposals that are consistent with an adopted planned action ordinance and meet the conditions of the PAO (and will not have impacts that exceed those included in the FEIS) complete a SEPA checklist and are not subject to SEPA appeals when consistent with the planned action ordinance, including specified mitigation measures. However, the PAO was rescinded by the City Council in November 2023. The consultant team has summarized the existing conditions for the subarea plan in the attached appendix. Comprehensive Plan's Influence on Highway 99 Subarea Plan As per the 2020 Comprehensive Plan, the Subarea Plan will be referenced with no significant land use changes to the area within the boundary. However, the plan will explore gaps and potential policy tools to help solve concerns identified by the community for areas adjacent to the subarea plan boundary. 29 PERKINS EASTMAN EXISTING CONDITIONS DRAFT MEMO - 02-08-2024 Packet Pg. 586 10.3.b PERKINS - EASTMAN MEMO McLaughlin, Susan <susan.mclaughlin@edmondswa.gov> Perkins Eastman Architects DPC Fate Project Name 2/8/2024 Edmonds Comprehensive Plan Update Subject Draft Land Capacity Analysis Methodology From Perkins Eastman s.malu@p@perkinseastman.com To Susan McLaughlin City of Edmonds, Planning & Development Director susan.mclaughlin@edmondswa.gov cc: Jeff Levy, Navyusha Pentakota, Todd Tatum Attachments: None This memo outlines the consultant team's proposed method and assumptions that will be used to develop the City of Edmonds' Land Capacity Analysis' (LCA) for the Everyone Edmonds 2050 Comprehensive Plan Update. The method responds to the GMA targets for new jobs and housing and assumes minimum compliance with recently adopted Washington State legislation addressing the region's acute housing shortage: • House Bill 1110 (Increasing middle housing in areas traditionally dedicated to single-family residential detached housing) • House Bill 1337 (Expanding housing options by easing barriers to the construction and use of accessory dwelling units) • House Bill 1220 (Supporting emergency shelters and housing through local planning and development regulations.) This bill updates the housing goals of the Growth Management Act to include planning for and accommodating affordable housing. It requires jurisdictions to address moderate, low, very low, and extremely low-income housing in the housing element of the comprehensive plan. It also requires jurisdictions to address racially disparate impacts and displacement in the housing element of the comprehensive plan Sections 1 and 2 of this Memo describe housing requirements. Employment targets are discussed in section 3. 1 Washington State defines the LCA as "a comparison between the collective effects of all development regulations operating on development and the assumed densities established in the land use element." The LCA is how the city measures the number of housing and jobs that would be accommodated by a growth alternative. Packet Pg. 587 10.3. b PERKI NS EASTMAt The Memo is organized as follows: 1.0 Growth Management -Context ................................................................................................2 1.1 City of Edmonds Housing Targets..........................................................................................3 2.0 Housing Capacity Calculations - Closingthe Gap..............................................................6 2. 1 Lower Density Residential Areas............................................................................................7 2.2 Low -Rise and Mid -rise Multi -family Areas..............................................................................8 3.0 Jobs Capacity Overview..............................................................................................................9 3.1 Jobs Capacity and Land Use..................................................................................................10 3.2 Jobs Capacity and Remote and Hybrid Work.....................................................................10 1.0 Growth Management - Context The Growth Management Act (RCW 36.70a) was created to contain urban growth and encourage sustainable development patterns. The stature growth is accommodated within the designated urban growth boundary; the State assigns population and job targets to counties, which are assigned to cities Cities must plan for adequate capacity to meet these targets. The Puget Sound Region is growing rapidly, and housingsupply has not kept pace with demand. This has led to a housing affordability crisis, displacement, homelessness, and hardship for many. Historic patterns of racial exclusion and inequity have also aggravated the crisis.Z,3 To address this, the WA state legislature passed a suite of bills that togetherreduce obstaclesto housing production — with a renewed focus on enabling the types of housing that tend to be more affordable.' These bills both modify the GMA and work in tandem with it. Each city must provide their fair share of housing and jobs capacity to meet the region'sgoal. Municipal Governments are now workingto understand how to apply these bills to their Comprehensive Plan updates. HB 1220 substantially amends the housing -related provisions of the Growth Management Act (GMA). It strengthened the GMA housing goal from "Encourage the availability of affordable housing to all economic segments of the population" to "Plan for and accommodate housing affordable to all economic segments of the population of this state." It is also important to frame the context for growth. The Comprehensive Plan process is an opportunity to tailor how and where growth occurs to maximize community benefit, foster economic development and to increase quality of life. Tailored growth is critical to achieving the vision for Everyone's Edmonds and the actions outlined in the Edmonds' Climate Action Plan. Additional investment in housing choices and mixed land uses can make healthy lifestyles more feasible by bringing supporting services and 2 https://www.psrc.org/about-us/media-hub/new-report-shows-housing-region-continues-cost-too- much 3 https://mrsc.org/explore-topics/planning/housing/affordable-housing-background 4 https://mrsc.org/stay-informed/mrsc-insight/july-2023/major-changes-to-washington-housing-laws Packet Pg. 588 10.3. b PERKI NS EASTMAt amenities closer to home and funding street, sidewalk, and park improvements to allow for walking and biking. Growth is also critical foreconomic development, supporting a thriving arts scene and increasing the number and health of local businesses. Additional tax revenue and impact fees can allow for more significant investments in city services. By increasing housing choice and affordability, growth can foster a more diverse and inclusive community. The Comprehensive Plan Goal is to distribute employment and housing equitably. In Edmonds, the City must consider applying this change to its ongoing assumptions about its existing capacity and the affordability level of its housing types — particularly in its single-family residential land use areas. 1.1 City of Edmonds Housing Targets Snohomish County's HO-5 Report (adopted May 2023)5 relates to the City of Edmonds' housing targets Edmonds has 19,000 housing units and a future land supply established in 2021 of 5,148 (see Figure 1).1 Future Land Supply Status Buildable Acres Single- Family Townhouses Multi- Family Senior Apartments Total Pending 17 49 15 561 0 625 Vacant 44 115 7 422 31 575 Partially Used 21 62 0 0 0 62 Redevelopable 231 -24 63 3,508 340 3,887 City 313 201 84 4,491 3711 5148 Figure 1. Source: The Housing Characteristics and Needs in Snohomish County report 2023 (HO 5 Report) In this planning cycle, to accommodate population growth, the City must increase its unit capacity by 3,921 for 9,069 housing units. These 9,069 units must be distributed according to the requirements and affordability levels designated in HB 1220 (see Figure 2). For each Snohomish County City, the HO-5 report provides a similar graph. Seven classifications are expressed as a percentage of the median income a household would have to make for housing to be affordable. Housing is considered "Affordable" when a family spends less than 30% of their income on rent or a mortgage. The units of housing that Edmonds must plan at each classification's affordability level are designated atthe top of the column. For more information, reference the HO-5 report, Section 4. a Housing Characteristics and Needs in Snohomish County Report prepared pursuant to Countywide Planning Policy HO-5 by The Planning Advisory Committee of Snohomish County Tomorrow May 2023 https://snohomishcountywa.gov/6039/Housing-Characteristics-and-Needs-Report 6 Snohomish County Buildable Lands Report (2021) see p. 9 httos://snohomishcountvwa.gov/DocumentCenter/View/84919/Letter-to-Dept-of-Commerce--Snohomish- County-Buildable-Lands-Report?bid Id= Packet Pg. 589 10.3. b PERKI NS EASTMAt The Department of Commerce translates these housing classification levels into building types. The Department of Commerce guidance also considers how these building types are impacted by the underlying cost of land with separate tables for "moderate cost communities" and "higher cost communities," helping to address disparities at the regional scale. The City of Edmonds falls into the "higher cost community" category due to the high average sale price for a "Moderate Density unit" (townhomes, duplex, triplex, quad) unit at> 120% AMI. Fifty of the most recent "Moderate Density" unit sales in Edmonds average an estimated $720,000, with no sales below $590,000.7 According to the Department of Commerce recommended Fannie Mae calculator, these sale prices would need to be below $400,000 to correspond to a rent or mortgage payment considered affordable at <120% AMI. Figure 3 describes housing types applicable to each income classification. The column titled "Zone Category" definesthe housing type or categories. In contrast, the column titled "Assumed Affordability Level for Capacity Analysis" describes the assumed affordability level of that housingtype to be used in a City's capacity assessment. Note that two rows do not currently apply to Edmonds. Per HB 1110, "Detached Single Family Homes;" in Edmonds are too populous to plan for this density level as a maximum within its residential areas. The second is High-Rise/Tower because Edmonds highest building height is 75' along Highway 99 (corresponding to Mid -Rise Multi -family). Method C: 2020-2044 Housing Allocations by Income, City of Edmonds (Apr-13-2023 PAC) 3 000 2.500 2000 1,500 1479 1000 500 142 126 0 0-30% Non-PSH 0-30% PSH >30-50% >So-80% >80-100% >100-120% >120% Percent Distribution: 21% 1 11% 27% 1 16% 22% 1 2% 1% (of2010-2044 Change) 32% Percent Distribution: 2% 1 0% 8% 1 18% 13% 1 20% 40% (of 2020 Housing Stock) 2% Figure 2. 2023 Housing Characteristics and Needs ReportAppendix G breaks down Edmonds' total housing capacity requirement 9,069 by affordability classification. See: 7 Costs are sourced from townhomes sold in Edmonds between March 2022 and January 2024, Redfin and realtors based in Edmonds with 47 data points. Metric is based on Department of Commerce guidance to reference the rents orsale prices of newly developed homes. Although these costs relative to area median income may decrease overthe 20-year horizon, this is considered by the Department of Commerce to be outside the scope of a Land Capacity Analysis. Vouchers and other ways to subsidize housing, although effectively increasing housing affordability, are also outside the scope of the Land Capacity Analysis. Packet Pg. 590 10.3. b PERKI NS EASTMAt https.11snohomishcountywo. goy/DocumentCenter/View/108870/HO-5-Report--Combin ed-Appendices page G-6. Low Density Detached single family homes Higher income Not feasible at Higher income (>120% (>120%AMI) scale AMI) Moderate Density Townhomes, duplex, triplex, Higher income Not typically feasible Higher income (>120 % quadplex (>120 % AMI) at scale* AMI) Low -Rise Multifamily Walk-up apartments, condominiums Moderate Extremely low, Very income (>80- low, and Low-income Low income (0-80% (2-3-floors) 120 % AMI) (0-80 % AMI) AMI) and PSH Moderate Extremely low, Very Low income (0-80% Mid -Rise Multifamily Apartments, condominiums income (>80- low, and Low-income AMI) and PSH 120%AMI) (0-80%AMI) High-Rise/Tower Apartments, condominiums Higher income Moderate income Moderate income (>120%AMI) (>80-120%AMI) (>80-120%AMI) ADUs (all zones) ADUs on developed residential lots Moderate income (>80- N/A Moderate income (>80-120 % AMI) 120% AMI) Figure3. Department of Commerce Guidebook for Applying HB 1220 - Translating housing type to affordability level (for high cost communities) see: https.11www.commerce.wa.gov/serving- communitieslgrowth-mcinagementlgrowth-mancig men t-topics/planning-for-housing/upd atin q-gma- housing-elements/ Edmonds' designation as a "high -cost community" impacts the required allocation for types of housing units. When matched to income brackets shown in Figure 2, the housing capacity Edmonds must plan for is: • 6,814 units at the Low 0-80% AMI Income level - Low -Rise or Mid -Rise Multi -family, e.g. walk-up apartment buildings — this is the largest category of need in Edmonds. • 2,129 units at the Moderate <80-120%AMI Income level — these may be ADUs. • 126 units at the High -Income level - these may be Moderate Density (duplex, quad, triplex) Edmonds current supply comprises 5,148 units, of which 201 units are single-family detached, 84 units are Moderate Density (e.g., duplex, triplex, quad), and 4,862 units are Low-rise or Mid -Rise Multi -family (walk-up apartments), Note that ADUs were not assessed by the BLR.$ During the 2024 update cycle, the City of Edmonds must provide a net capacity change of the following as shown in Figure 4: • A net increase of at least 1,952 units in the low- or Mid -rise multi -family apartment category. • A net increase of at least 2,129 ADUs, or that are in the Low-rise or Mid -rise multi -family apartment category. 8 Buildable Lands Studies have not assessed the feasibility of ADUs, making this capacity that is effectively unaccounted for. As the City'sgrowth targets reference and build from the County's BLS, the Consultant team proposes to count all ADU capacity created through implementing HB 1337 legislation toward the ADU target. Packet Pg. 591 10.3. b PERKI NS EASTMAt A net increase of at least 42 units that are Moderate density, ADUs, or in the Low-rise or Mid - rise multi -family apartment category. 7000 6000 5000 4000 3000 2000 1000 Low -Mid Rise Apmts, Condos ■ Required Units 2129 126 ADUs Existing Capacity (BLR) Figure 4 Net capacity change by Housing type 2.0 Housing Capacity Calculations — Closing the Gap Townhornes, Duplex, Triplex, Quadplex Units To be added* There are two categories of land for which a net change in capacity will be calculated. The first is Edmonds' single-family/low-density Residential land use areas making up much of the City's land area, and the second is its denser multi -family and mixed -use land use areas. Under HB 1110 and 1337, single-family residential/low-density Residential land use area capacity assumptions must shift. Effectively, the State no longer allows one -family detached zoning. As such, Edmonds' single-family residential/low-density residential land use areas may be assumed to have the ability to (re)develop to any one of the following density scenarios: • two additional ADUs in attached or detached configurations • two units in any configuration • four units in any configuration if one unit is affordable, i.e., rented or purchase price restricted and limited to lower income tenants or purchasers These (re)development scenarios are not additive (i.e., a parcel need not have a minimum entitlement of two units in any configuration plus two ADUs). Rather, we assume each parcel has the potential to (re)develop to the minimum provisions of each Bill, but at a "realistic level" of participation by applying a) feasibility/market factors and b) a process that designates and screens out parcels unlikely to have redevelopment potential. A reduction factor has been included to account for potential "double counting" resulting from the interaction between the two calculation methods. Packet Pg. 592 10.3. b PERKI NS EASTMAt Findings' related to local land value, recent real estate transactions, and likelihood/thresholds for (re)developmentguide assumptions aboutwhich and how many of each of the above (re)development scenarios are applicable and can contribute to assumed capacity. The Comprehensive Plan Action Alternatives and Draft Housing Element, now in process, will further modify these assumptions and the City's policy approach to promote particular types of housing growth. A policy framework that identifies and removes barriers to realizing the Land Capacity Analysis is also required per HB 1220. HB 1110 also provides that four units in any configuration are allowable by right in a low -density residential zone within a 1/4 mile of a defined "major transit stop." The City of Edmonds has two SWIFT BRT Stops on Hwy 99 and a Sounder Rail Station that qualify. Edmonds Sounder Rail Station area contains no parcels that would be affected, and the Hwy 99 stop area includes 70 parcels that would be affected. 2. 1 Lower Density Residential Areas Method and Assumptions for calculating a new capacity — ADUs: 1. Identify all single-family residential land use designated parcels. 2. Conduct Screening based on the Buildable Land Report (BLR) and Department of Commerce Guidance: o Remove environmentally critical areas (as designated in 2021 Snohomish County BLR). o Remove publicly owned and tax-exempt parcels (as identified in BLR, such as schools, parks, and churches). 3. Conduct high-level feasibility screening; remove parcels with less than 6,000 SF11 of buildable area remaining after deducting environmentally critical areas. 4. Apply capacity of two (2) ADUs on remaining parcels (minimum allowed per HB 1337). 5. Reduce the capacity of resultant ADUs by 90% by applying the 10% maximum "participation rate." The Department of Commerce has set this rate and accounts for feasibility considerations not already captured by this method, as well as a reasonable upper limit of the ratio of property owners who would be interested in redevelopment. Method and Assumptions for calculating a new capacity assumption - Moderate Density (duplex, triplex, quad) capacity: 1. Identify Single Family land use areas. 2. Conduct Screening based on BLR and Department of Commerce Guidance: o Remove environmentally critical areas (as designated in 2021 Snohomish County BLR) o Remove publicly owned and tax-exempt parcels (as identified in BLR, such as schools, parks, and churches) 3. Conduct feasibility screening: Remove parcels with less than 4,000 SF of buildable area 9 Forum Placemaking (consultant) market research 10 Assumed effective lot area needed to add two ADUs to a parcel with an existing principal structure, retaining reasonable lot coverage and tree retention restrictions. Lot area needed to add one ADU is assumed to be within the margin of the participation rate, and how specific development regulations would affect feasibility. Packet Pg. 593 10.3. b PERKI NS EASTMAt remaining" 4. Remove parcels with an existing land value exceeding $450,000.12 5. Apply capacity of two (2) units for each remaining parcel (e.g. duplex). 6. Subtract existing units.13 7. Reduce capacity by 5%14. This factor accounts for any unique interactions between site conditions, market, and development regulations that hinder site feasibility. 2.2 Low -Rise and Mid-rise15 Multi -family Areas The following outlines the method to calculate a net capacity change within existing Multi -family and Mixed -Use areas. The method distinguishes between areas that are proposed for change in Action Alternatives and Low-rise and Mid -Rise multi -family areas that will not be affected by Action Alternatives. The methodology follows these general steps: • For parcels without change in a proposed land use alternative, apply capacity assumptions in the BLR. For parcels where a change is proposed, and there is already current capacity assumed in the BLR, identify net capacity changes by removing existing capacity and adding "ideal proposed capacity" building from market research related to the new land use designation (see tables 2 and 3 following). A "net capacity" change will count toward closing the capacity gap. For parcels where a change is proposed and no current capacity is assumed in the BLR, confirm if the change would make redevelopment feasible. If so, assume an "ideal proposed capacity." If not, use the current BLR assumption of zero capacity. Edmonds' Market Studies have been conducted to provide the following development feasibility thresholds and yields associated with Low-rise and Mid -rise multi -family development. Figure 5 below shows the assumed density yield associated with multi -family (re)development by building height. Height limit can be used to approximate density yield on a D/U basis. Figure 6 shows assumed thresholds forthe maximum parcel purchase price that could be feasibly re -developed to the associated height. Figure 5 — Assumed DU/Acre by Height _ Floors DU/Ac. "Assumed minimum area to achieve a redevelopment of the principal structure to duplex, accounting for reasonable lot coverage and tree retention restrictions. 12 Parcels over $450,000 are screened from the capacity calculation. These parcels are assumed to be beyond the threshold forfeasibility, e.g. land cost is too expensive to allow for redevelopment to duplex per consultant economic research. 13 This step assumesthe ability to create a duplex by either removing an existing single-family home and building a duplex or expanding or dividing an existing single-family home. 14 Consultant's professional judgment 15 Low-rise and Mid -rise classification for the Apartments and condos is an intensity classification, not construction type. Packet Pg. 594 10.3. b PERKI NS EASTMAt 3 36 4 70 5 109 6 140 (Source: Consultant Market Economic Research, Forum Placemaking). Figure 6— Feasibility Threshold Floors $/SF 3 <$34 4 <$57 5 <$80 6 <$103 (Source: Consultant Market Economic Research, Forum Placemaking) Low-rise and Mid -rise Multi -family Method and Assumptions: 1. Identify Eligible Land Use Areas: o Currently, multi -family or mixed -use properties are being redesignated in away to impact future capacity significantly. o Land use area not currently designated multi-family/mixed-use, redesignated to an eligible multi -family and mixed -use type. 2. Subtract capacity associated with proposed land use designation changes may reduce development capacity from what is assumed by the BLR. 3. Conduct screening: o Remove environmentally critical areas (as designated in 2021 Snohomish County BLR). o Remove publicly owned and tax-exempt parcels (identified in BLR, not countable toward capacity per BLR and Department of Commerce guidance). 4. For areas with development potential identified per the BLR, apply density yield assumptions corresponding to the proposed height limit (Figure 5). 5. For areas designated as not re -developable per the BLR, apply a threshold test to confirm if the parcel may become re -developable under the new designation (Figure 6). If it becomes re - developable, apply density yield assumptions (Figure 5). 3.0 Jobs Capacity Overview Edmonds must provide a total capacity of 3,058jobs. The Snohomish County Tomorrow steering committee set the growth target and now exists in the Snohomish County Code. The city must provide capacity to meet this target to comply with state growth management statutes. Per the Snohomish County Buildable Lands Study, Edmonds has an existing capacity for 2,548jobs. Therefore, Edmonds must show a net addition in capacity for 510 jobs for the 2024-2044 planning period. A combination of two factors will meet this net new capacity. The first is calculating the change in capacity associated with proposed land use changes. This is discussed in section 3.1. The second is calculating the difference in capacity not associated with land use — that is, adequate capacity associated with workingfrom home. This is discussed in section 3.2. Due to the large job capacity created this way, land use policy decisions regarding employment (includingthe future land use map from which zoning Packet Pg. 595 10.3. b PERKI NS EASTMAt will be derived) will be driven by the city's economic development goals rather than meeting capacity requirements. The actual capacity change of a proposed future land use alternative will be calculated by combining the net capacity change from future land use changes described in section 3.1 and the remote and hybrid work strategy described in section 3.2. 3.1 Jobs Capacity and Land Use The method for calculating job capacity, much like the method for calculating housing capacity, starts with assumed capacity per the Buildable Lands Report (BLR). Then, for parcels where a change in future land use is identified, a change in net jobs capacity is calculated for those parcels if they are considered (re)developable. For more information on how a parcel is considered (re)developable and therefore countable toward capacity, please see section 2.2 of this memo. Ground floor retail is assumed to accommodate 10jobs per acre for capacity associated with low-rise and mid -rise re -development. This figure is based on the yield of recent local mixed -use developments. 3.2 Jobs Capacity and Remote and Hybrid Work Supporting work from home is a critical part of Edmonds' growth strategy, accomplishing multiple objectives, including encouraging sustainable transportation, supporting local businesses, and growing vibrant neighborhood centers. As local amenities and quality of life increase, a segment of Edmonds residents will continue to choose hybrid and remote work in the coming decades. There are twofactors that contribute to employment capacity created through remote work. The first is employment capacity effectively created — and filled - by remote workers as new residents move to Edmonds. The second is current work from home capacity that has not yet been accounted for in growth planning. The population of Edmonds is expected to grow by more than 13,000 between 2020 and 2044. Edmonds labor participation rate is assumed to be 60%, similar to the current statewide average of 65% (It is assumed to be lower due to the relatively large proportion of retirees). This implies that the number of employed Edmonds residents is expected to grow by more than 7,800 over the next two decades. Considering the current trends, many new residents will work from home. Figure 8: Employment growth by demographic trends Population growth, 2020-2044 13,113 Labor Participation Rate 60% Growth in the number of employed Edmonds Residents, 2020- 2044 7,868 Source: Labor Participation Rate: Federal Reserve Bank of St. Louis, https.Ilfred.stlouisfed. orq/seriesILBSNSA53 Packet Pg. 596 10.3. b Work from home rates vary widely across the country. Large metro areas with high employment rates in professional and technology fields, such as Puget Sound, Portland, and the San Francisco Bay Area, have high rates of remote work. In contrast, smaller cities and rural areas have low rates of remote work. Figure 9: Share of workers age 16- Source: Economic Innovation Grou, - U.S. Census Bureau; https.Ileig.( PERKI NS EASTMAt <6.9% 6.9%-9.9% ■ 9.9%-13.2% ■ 13.2%-17.1% ■ 17.1%-21.9% ■ 21.9%-28.8% ■ >_ 28.8% A Snohomish County 4 (Southwest) --Edmonds, Lynnwood & Mountlake Terrace Cities PUMA: Washington -hare WFH: 25.346974142255597 % wor C In 2022, data from the American Community Survey (ACS) / U.S. Census Bureau indicated that 25.3% of workers in the Edmonds area were working from home or working remotely. Assuming contingencies and changes in trends, we assume that work from home rates in the future (2044) will be about 20%, down from 25% today. According to the Economic Innovation Group, "[ACS] data shows remote work is stable over the last year [2021 to 20221, and if anything, has increased slightly. There is no sign that return -to -office is gaining steam on a national scale." Packet Pg. 597 CONCEPTUAL GROWTH ALTERNATIVES City Council Discussion March 19, 2024 � Agenda 10.3.c EDMOND 1. Growth Alternatives Process 2. Planning for Growth in Edmonds 3. Methodology for Growth Targets 4. Defining Centers and Hubs 5. Draft Conceptual Alternatives 6. What's Next: Online Open House ---------------------------------------------------------------------------------- City of Edmonds Comprehensive Plan Update I I Packet Pg. 599 �L EDMIO s All 9T •IK: next! Today's Meeting ■ ■ ■ ■ Validate required Summarize Key Proposed growth, and Themes for growth Alternatives (High ■ ■ ■ ■affordability level alternatives Level Estimates)■ ■ i■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ For Reference Policy • Existing conditions memo approaches • Methodology memo and today's discussion. 10.3.c ---------------------------------------------------------------------------------- City of Edmonds Comprehensive Plan Update I I Packet Pg. 600 EDMS_ •I• MRA60`SO [OY. We want your feedback on the following key questions: 1. Are there any questions about the Growth Target Methodology? 2. How do you feel about the " centers and hubs" approach to the Growth Alternatives. I Are there any red -flags you see from your perspectives? 4. Did we miss anything? 10.3.c --———————————————————————————————————————————————————————————————————————————————— City of Edmonds Comprehensive Plan Update I Packet Pg. 601 10.3.c Packet Pg. 602 � � p5 EDM_� 771 • Enable housing choices & a mix of land uses. • Equitably distribute employment and housing. • Identify infrastructure needs & opportunities. • Protect environmentally critical areas & natural assets. • Foster economic development. • Promote cultural arts and community. • Generate revenue to allow for greater investments in city services. 10.3.c WHERE TO INVEST? ��diTl Roads Airports Ports Healthcare Railways Energy Utilities Social or ---------------------------------------------------------------------------------- City of Edmonds Comprehensive Plan Update I Packet Pg. 603 ®�1L � 10.3.c MMO ✓ City of Edmonds' adopted plans and initiatives lend ideas on how to explore future growth (land use changes) in updated Comp Plan: • Pros Park Plan • Climate Action Plan • Reimagining Neighborhoods • ADU Code Updates • Citizen's Housing Commission • WA State House Bill legislation ✓ Comprehensive Plan meetings in December 2023 discussed neighborhood level opportunities and challenges ■CITIZENSG GOMMIss1ON so .-M 0 ��■ CITIUSNNG uu� COMMIss1ON (a�9°�Popula��on • MoY genefi� � (ars- PoPoloGo" n pr150n5 Mode�Ne- sero�+ Policy Come fom low- �sons ---------------------------------------------------------------------------------- City of Edmonds Comprehensive Plan Update I Packet Pg. 604 S EDM_ ILA =Q 1111[0 MR r9 Per the Growth Management Act: Edmonds is projected to grow by 13,000 people over the next twenty years Edmonds currently has capacity for 2,500 jobs. Capacity for jobs must be added Edmonds has 19,000 housing units and ca acit 55000. It must increase unit capacity b 4,000 or a total of 9,000 :l 01Z 30000 25000 781 15000 10000 5000 N Housing Units Existing Units 74""rm 11 001 9,000 r----- 1 5, 000 I 11 1 i Current Required Capacity Capacity 10.3.c ---------------------------------------------------------------------------------- Data Source: The Housing Characteristics and Needs in Snohomish County report has been compiled City of Edmonds Comprehensive Plan Update Packet Pg. 605 pursuant to Countywide Planning Policy (CPP) HO-5 EDMS_ 11 [knnrc Update City's approach to Single Family Detached to comply with House Bills. 0 Identify and define a set of "Neighborhood Centers" and " Neighborhood Hubs": • Foster 15 min neighborhoods with public amenities and activities to serve local community • Enable more equitable distribution of housing in a range of income categories. %� Rethink Downtown/Waterfront Activity Center's Land Use policies to encourage uses that contribute to Edmond's Arts District and downtown local businesses. Explore potential to accommodate growth in the Medical District along the Hwy 99 corridor. Evaluate transition zones within the Hwy 99 sub -area vicinity 10.3.c Packet Pg. 606 `C EDMs_ ruse Bills Ann A& EL ak M Ildbi H B 1110 • Increases middle housing in single family residential areas • At least two homes per lot • Four per lot if located within a quarter -mile walking distance of a major transit stop (Like SWIFT BRT Stop or Amtrak station in Edmonds) • Four per lot if one of the homes is affordable. •1M Requires allowing 2 accessory dwelling units in all single-family zoning districts 10.3.c •l 2 [: I "L . HB 12 • Requires cities to differentiate between housing types, ties these types to affordability levels • Have sufficient capacity for each housing type (The capacity target by housing types is provided by Snohomish County Housing Requirements Report as per Dept. of Commerce guidance) ---------------------------------------------------------------------------------- City of Edmonds Comprehensive Plan Update I Packet Pg. 607 EDMS_ 4111[0]110 6 0 • High average sale price for a Middle housing unit (townhomes, duplex, triplex, quad) unit at > 120% AMI. • Unit sales* in last two years in Edmonds average an estimated $720,000, with no sales below $590,000 • The sale prices would need to be below $400,000** to correspond to a rent or mortgage payment that would be considered affordable at <120% AM I. *Costs are sourced from townhomes sold in Edmonds between March 2022 and January 2024, Redfin and realtors based in Edmonds with 47 data points. **According to the Department of Commerce recommended Fannie Mae calculator 10.3.c --———————————————————————————————————————————————————————————————————————————————— City of Edmonds Comprehensive Plan Update I Packet Pg. 608 EDMS_ Department of Commerce Guidebook for Applying H 6 1220 Translating housing type to affordability level (for high -cost communities) r. Low Density 611161040 Moderate Density Detached single family homes Townhomes, duplex, triplex, quadplex •111110 Higher income Not feasible at (>120% AMI) 1 scale* 10.3.c a1rj►1I Higher income (>120% AMI) Higher income Not typically feasible Higher income (>120% (>120% AMI) 1 at scale* I AMI) Walk-up apartments, condominiums Moderate Extremely low, Very Low -Rise Multifamily (2-3-floors) income (>80- low, and Low-income 120% AMI) (0-80% AMI) Moderate Extremely low, Very Mid -Rise Multifamily Apartments, condominiums income (>80- low, and Low-income 120% AMI) (0-80% AMI) High-Rise/Tower Apartments, condominiums Higher income AMI) Moderate income(>120% (>80-120% AMI) Moderate ADUs (all zones) ADUs on developed residential lots income (>80- N/A 120% AMI) Low income (0-80% AMI) and PSH Low income (0-80% AMI) and PSH Moderate income (>80-120% AMI) Moderate income (>80-120% AMI) ---------------------------------------------------------------------------------- https://www.commerce. wa.0ov/servinO-communities/orowth-manaoement/growth- City of Edmonds Comprehensive Plan Update Packet Pg. 609 management-topics/planning-for-housing/updating-gma-housing-elements/ EDMS_ 9l11l6IM11111• HB 1220 • Requires cities to differentiate between housing types per affordability levels • Have sufficient capacity for each housing type • (The capacity target by housing types is provided by Snohomish County Housing Requirements Report as per Dept. of Commerce guidance) 10.3.c 9,000 approx. Total Unit Capacity Must follow this distribution 2,129 ADUs or low-rise, — 126 Middle housing or mid -rise apartments/ condos other type 6,814 units must be low-rise, mid -rise apartments / condos Housing distribution by Area Median Income (AMI) ---------------------------------------------------------------------------------- Data Source: The Housing Characteristics and Needs in Snohomish County report has been City of Edmonds Comprehensive Plan Update Packet Pg. 610 compiled pursuant to Countywide Planning Policy (CPP) HO-5 EDMS_ 9111161MINI• Total units needed r (Per Snohomish Countv growth targets)I: 9.069 Existing Capacity per BLR I : 4,862 I Remaining Needed is 4,207 L — — — 4,207 Required 4,862 )taI Existing per BLR 3169 All these count towards low/midrise category (part of the 6,814 units bucket) Remaining 1,952 • 10.3.c 9,000 approx.Total Unit Capacity Must follow this distribution Miame nousing or other type ADUs or low-rise, mid -rise Must be low-rise, or mid -HE apartments/ condos apartments / condos 126 units I 2,129 units Distribution of the required 4,207 units ---------------------------------------------------------------------------------- BLR: Buildable Lands Report City of Edmonds Comprehensive Plan Update I Packet Pg. 611 7C l p5 CDMON r. oilM As discussed on the previous slide, the remaining units needed:4,207 ADU Capacity filled by HB 1337 1,642 Capacity filled by HB 1110 : + 42 Capacity filled by both combined : = 1,684 Estimated unit increase due to potential zone downsizing Approx. 2700 units W1 Total 4.,207 10.3.c 16 tial Downsizing BLR: Buildable Lands Report ---------------------------------------------------------------------------------- City of Edmonds Comprehensive Plan Update I Packet Pg. 612 10.3.c Packet Pg. 613 ps EDM_� •l r iii[• Creating 15-minute neighborhoods Most daily necessities and services can be easily reached by a 15-minute walk, bike ride, or public transit ride. It emphasizes mixed land use, pedestrian -friendly infrastructure, and efficient public transportation systems to create vibrant and livable urban environments. To support mobility for people, not just vehicles; the city is moving towards implementing Multi -modal Level of Service (MMLOS). By incorporating MMLOS, Edmonds can better prioritize investments in transportation infrastructure, promote sustainable and equitable transportation options, and enhance the overall quality of life for residents and visitors Cots Daily Needs, Amenities ft \ • Offices Walk/ bike facilities Outdoor facilities Schools Open Spaces Businesses Activity spaces Z i Community spaces for events & gathering 10.3.c Services ---------------------------------------------------------------------------------- City of Edmonds Comprehensive Plan Update I Packet Pg. 614 E "Centers" B "Centers" Existing Attributes "� CD Perrinville 1. Potential for redevelopment (underutilized) to 2 meet community goals + enhance public realm 2. Location has retail and other commercial businesses. North Bowl 3. Moderate scale existing multifamily residential land �-� --, East Seavie o uses Downtown/ v 4. Potential for good multimodal access with Waterfront existing transit service Activity Cent > "Hubs" Existing Attributes .............................. 1. Potential for redevelopment (underutilized) to meet Five Corners community goals + enhance public realm ' Highwa �i Subare c 2. Smaller scale, includes some mixed land uses, e.g. retail E or commercial businesses '•• 3. May include low rise apartments or missing middle %'•� ' a ousing Westgate , .• c as 4. Potential for good multimodal access with ""�" Bus Transit Routes ��--'� '•; E 0 -,, existing transit service �,� Neighborhood Center �•••••...: a `_ Firdale North (.; Hub_ FirdaleVillage �� _________________________________�_;; _Neighborhood Discussed at Neighborhood meetings in December 2023. ------ -- Packet Pg. 615 10.3.c EDMONDS Growth Alternatives will: Prntntvr Explore adjustments to land use designations to introduce 3-4 floors mixed use, mid -rise residential as appropriate. Explore five floor mixed -use with incentives. Low Scale Multi- family Apartments or condominiums (2-3 floors) Low Scale Apartments or condominiums (w/ Mixed -Use retail/commercial/offices on ground floor in select locations) (3-4 floors) Mid Scale Mixed- Apartments or condominiums w/ Use retail/commercial/offices ground floor in select locations (4-5 floors) n MW r-I ------------------------------------ City of Edmonds Comprehensive Plan Update I I Packet Pg. 616 S EDMPNvoices I7170,7pion Hubs- rl— Growth Alternatives will: 011011W O D Explore land use changes to enable a more diverse land use mix, with some smaller scale retail, and residential 3 floors. • Explore four floors mixed -use with incentives. Low Scale Multi- Apartments or condominiums (2-3 floors) family Low Scale Mixed -Use Apartments or condominiums (w/ retail/commercial/offices on ground floor in select locations) (3-4 floors) Wire 10.3.c ---------------------------- ---- ------------------------------------ City of Edmonds Comprehensive Plan Update I Packet Pg. 617 10.3.c Packet Pg. 618 GWC�`LWI EDM_ ,) Actin 0 Am Am This alternative is non -compliant with Washington State Growth Management Act requirements. Neighborhood Residential (Housing Bills Compliance) Middle housing: Duplexes. Triplexes, ADUs, townhomes, quadplexes (only with one affordable unit), stacked flats, cottage style and courtyard apartments Transit Routes Bus Stop High Capacity BRT Route ---------------------------------------- - - - - - - Downtown/ Waterfront Activity Center 0,VMpkVWWw ....... 19&h St. Alain St. t 220th St. 'a 1 a 9 g. 228th St. 212th St. J r� C % Highwal 7� Subarea v 00 Packet Pg. 619 MMOND S„ Land Use 1 r'] r'] 10.3.c ►. City of Edmonds Comprehensive Plan Update I Packet Pg. 620 `� 'A: 10.3.c EDMOND tive Voices Focused Growth Neighborhood Residential plympic View (Housing Bills Compliance) � Middle housing: Duplexes, Triplexes, ADUs, townhomes, quadplexes (only with one affordable unit), stacked flats, i cottage style and courtyard apartments ------------- Neighborhood Center Mid -scale mixed -use: Apartments or condos with retail/ 4-5 Floors ......... i „6 i ._ ....... ,..� ... commercial/offices on ground floor in select locations Downtown/ > Neighborhood Hub Waterfront z Medical District' t C it ti � vy Center Low -scale mixed -use: Apartments or condos with retail/ 2-3 Floors Activity P��-'-------� "�"�� _ — Expansion______ ' - commercial/ offices on ground floor in select locations .....Five Five Corners i a .., Main St ..................�• Medical District Expansion 4-5 Floors ° a 15 Minute Neighborhoods Hghwa E Most daily necessities and services can be easily zzornsc - subarei 0 = ——� *3/4 Mile reached by a 15-minute walk, bike ride, or transit from Q •-- any point in the neighborhood. Westgate Transit Oriented HousingW"h' a Transit Routes connecting the Centers and Hubs Bus Stop --—————————————— — — — — —— , �.... �•�' High Capacity BRT Route ..0 Packet Pg. 621 Firdale Village �' 00oicAlternative B: - es Distributed Grc Neighborhood Residential (Housing Bills Compliance) Middle housing: Duplexes, Triplexes, ADUs, townhomes, quadplexes (only with one affordable unit), stacked flats, cottage style and courtyard apartments Neighborhood Center Mid -scale mixed -use: Apartments or condos with retail/ 3-4 Floors commercial/offices on ground floor in select locations Downtown/ Neighborhood Hub Waterfront Low -scale mixed -use: Apartments or condos with retail/ 3-4 Floors Activity Center commercial/ offices on ground floor in select locations Medical District Expansion 3-4 Floors 15 Minute Neighborhoods Most daily necessities and services can be easily �3/4 Mile reached by a 15-minute walk, bike ride, or transit from any point in the neighborhood. Transit Oriented Housing Transit Routes connecting the Centers and Hubs Bus Stop High Capacity BRT Route 10.3.c C IL oiymPic View Perrinville� s M North Bowl O East Seaviei it. ..........T..y i >� Medical District Expansion L l a? Firdale North Firdale Village Five Corners Moin St. ., ..i........ ?12ifi St a 22MSt -- -_ F Westgate . Q A• a• � • O • L • M Highwa E Subarei 5 J Q ' E a Packet Pg. 622 EDMS_ 10.3.c A Aft_m 10 rAM A: Focused Growth Am Areas of Change Majority of residential capacity is allocated to create vibrant, mixed use "Neighborhood Centers." Neighborhood Commercial shifts to Mixed -Use Residential. Centers expand in areas of limited impact. • Introduce opportunity for targeted capacity to create smaller mixed residential Neighborhood Hubs at a moderate scale •i11rAm = B: Distributed Growth • Moderate increase in capacity in Neighborhood Centers, centers do not expand. • Growth is distributed more broadly within the City. Moderate increase in capacity in Neighborhood hubs Housing Typologies • Mixed -Use Residential introduce max 5 Mixed -Use Residential introduce max 4 floors (4 floors base with 1 bonus floor) floors (3 floors base with 1 bonus floor) within all identified Neighborhood Centers within Neighborhood Centers • Mixed -Use and Multi -family (2-3 floors) Mixed -Use and Multi -family (3-4 floors) within Neighborhood Hubs within Neighborhood Hubs ---------------------------------------------------------------------------------- City of Edmonds Comprehensive Plan Update I Packet Pg. 623 EDMS_ SATAK• 10 Areas of Change Centers Medical Center Expansion TOTAL lr> 1 T L--1 40 40 Ah 6111[Ah W Alt A: Focused Growth Alt B: Distributed Growth No of Units No of Units MEN" 200 900 1000-1200 2700-3000 1900-2000 3600-4000 10.3.c *Total numbers for Alt B: Distributed Growth represents unit count ifADUs are limited to 1 per lot based on HB 1110 & HB 1337 interaction Westgate, 34% Perrinville, 6% Seaview East 2% Firdale North, 2% 5 Corners, 40% Firdale Village, 14% Medical Center (� Expansion North Bowl, 2% \ 1000-1200 Perrinville, 11% Seaview East 18% Westgate, 17% Firdale North, 15% 5 Corners, 17% North Bowl, 8/ Firdale Village, 14% Medical Center Expansion 1900-2000 1 ------------------------------- ------------------------------------------ Metrics are approximate, conceptual only and subject to change with further study. City of Edmonds Comprehensive Plan Update I I Packet Pg. 624 EDMS_ J 1. Be consistent with the GMA, PSRC Vision 2050, and Snohomish County countywide planning policies 2. Implement State Housing Bills 3. Create opportunities for the City to achieve Community's vision go "Edmonds is a charming and 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. " 10.3.c ---------------------------------------------------------------------------------- City of Edmonds Comprehensive Plan Update I I Packet Pg. 625 10.3.c Packet Pg. 626 EDMS_ or. Opportunity to leverage Edmonds Creative Arts District status: • I ncentivize "Live -work" land uses along Dayton Street and Arts Corridor. • Live -work spaces can vary in scale from mixed - use developments with residential units above ground -floor shops to smaller home offices or studios. • They are proposed to be flexible to accommodate a range of business types, including creative industries, professional services, and artisanal production. Single Family Residential Multi -family Housing Commercial Downtown Core Retail Arts Corridor Bus Stop gal W& ■�F City Park Q F Arts Corridor Live -work 10.3.c (3 Floors) Multi-famil, (3 Floors) 7 Civic Field Edmonds Library and Francis Anderson Center Main St. - Dayton St.. Dayton St. Live -work (3 Floors) Multi -family (3 Floors) Packet Pg. 627 1 EDMS_ or. Opportunity to support Downtown's vibrancy • Downtown population supports a variety of businesses and services, including shops, restaurants, and cultural institutions. • Edmonds' downtown is already a 15-minute neighborhood. By adding more multi -family adjacent to existing multi -family uses, more residents can easily access amenities and services, leading to improved public health outcomes and a higher quality of life. • The plan is exploring expansion of multi -family land uses near City Park and along 5t" Avenue. Single Family Residential Multi -family Housing Commercial Downtown Core Retail --——————————————————— — — — — — — Arts Corridor Bus Stop City Park Q F Arts Corridor Live -work 10.3.c (3 Floors) Multi-famil, (3 Floors) 7 Civic Field Edmonds Library and Francis Anderson Center Main St. - Dayton St.. Dayton St. Live -work (3 Floors) Multi -family (3 Floors) Packet Pg. 628 1 EDMS_ • •Y1 r: n Opportunity to encourage better transitions into residential neighborhoods • Explore a strategy of shifting heights within the subarea plan boundary to enable a transition zone on selected parcels. This is not necessarily for every parcel along Hwy 99. • It entails increasing the heights allowance for some parcels adjacent to Highway 99 from 75' to 85' and reducing those maximum heights for some parcels beyond Highway 99 adjacency to 55'. • This will not impact the net growth capacity of Highway 99 subarea but create better design outcomes for the residential areas next to the subarea. Highway 99 Subarea Plan Boundary Max Ht - 75' Transit Oriented Housing l 4 Housing units on parcels within 1/4 mile \ radius of BRT Stop 212th St. Q Q N 1 � I Variable heights within subarea boundary to create transition zone rJ r--J I I r— j � I I I 1 1 1 I 1 a Packet Pg. 629 -VERY � NETS E � � ' vision • PI :1 to 101 OIel 10 10I0I6 Ruiz] 21 [Ah : No Action Neighborhood Residential (Housing Bills Compliance) Middle housing: Duplexes, Triplexes, ADUs, townhomes, quadplexes (only with one affordable unit), stacked flats, cottage style and courtyard apartments Mixed -Use Neighborhood Commercial Multi -Family School Bus Stops Alt A: Focused Growth cm[e[:l[Ah : 10.3.c Alt 6: Distributed Growth Enable 4 floors EXPANSION: Enable 4 floors mixed -use Metrics are approximate, conceptual only and subject to change with further study. — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — City of Edmonds Comprehensive Plan Update I Packet Pg. 630 MS ED�N V Eel 016I0110[0I0I6«:IN[Ah : No Action Neighborhood Residential (Housing Bills Compliance) Middle housing: Duplexes, Triplexes, ADUs, townhomes, quadplexes (only with one affordable unit), stacked flats, cottage style and courtyard apartments Alt A: Focused Growth Alt 6: Distributed Growth 10.3.c Existing: 3 floors (25'+) Enable 5 floors Enable 4 floors L 212th St Q •% , 21nh st. Pd' 212th SL M F rr C d E V all l�a- -51 Snow S��� EXPANSION. Enable 3 EXPANSION.. Enable 4 � Neighborhood Commercial floors multi -family / floors multi -family mixed - Multi -Family mixed -use use Q School Bus Stops Metrics are approximate, conceptual only and subject to change with further study. -------------------------------------------------------------------------------- City of Edmonds Comprehensive Plan Update I Packet Pg. 631 MS ED�N �dical E No Action Neighborhood Residential (Housing Bills Compliance) Middle housing: Duplexes, Triplexes, ADUs, townhomes, quadplexes (only with one affordable unit), stacked flats, cottage style and courtyard apartments r Existing: 3 floors (25'+) Medical Uses Neighborhood Commercial Multi -Family School Bus Stops OY.l 0 Rol [• Alt A: Focused Growth EXPANSION: Enable 4 floors mixed -use Enable 5 floors 5 corners 212thSt. _expansion_± ■ Alt 6: Distributed Growth EXPANSION: Enable 4 floors mixed -use , 10.3.c Enable 4 floors ILI w Q 0220th St. • 2: Oth St. r� r� Q ESPERANCE - EXPANSION : Enable EXPANSION : Enable 3 floors multi -family 4 floors mixed -use --------------------------------------------------------- Metrics are approximate, conceptual only and City of Edmonds Comprehensive Plan Update 11Packet Pg. 632 subject to change with further study. V to 101 OIel 10 10I0I6 Ruiz] 21 [Ah : No Action Neighborhood Residential (Housing Bills Compliance) Middle housing: Duplexes, Triplexes, ADUs, townhomes, quadplexes (only with one affordable unit), stacked flats, cottage style and courtyard apartments Existing: 3 floors (25'+LJ Ellin Neighborhood Commercial Multi -Family School • Bus Stops Alt A: Focused Growth Enable 3 floors multi -family / mixed -use low - lip lit, e- or M 1 r1 4 T � 11 1T I P FIRDALE VILLAGE:: Enable 5 floors C C 6 [:11W Alt 6: Distributed Growth Enable 4 floors multi -family / mixed -use Ji q a a u FIRDALE VILLAGE: Enable 5 floors 10.3.c EXPANSION: Enable 3 floors multi -family - -`- 1 - . I ,4 --———————————————————————————————————————————————————————— Metrics are approximate, conceptual only and City of Edmonds Comprehensive Plan Update Packet Pg. 633 subject to change with further study. G �� S EDM�N V to 101 OIel 10 10I0I6 No Action Neighborhood Residential (Housing Bills Compliance) Middle housing: Duplexes, Triplexes, ADUs, townhomes, quadplexes (only with one affordable unit), stacked flats, cottage style and courtyard apartments .I Existing: 3 floors (25'+) vl� 196th St. d Q t Neighborhood Commercial Multi -Family School Bus Stops I i7i►C�Tri7more Alt A: Focused Growth Enable 3 floors multi -family / mixed -use o E � o> 10.3.c Alt 6: Distributed Growth Enable 4 floors multi -family / mixed use EXPANSION: Enable 3 floors multi -family / mixed -use J Q Metrics are approximate, conceptual only and subject to change with further study. - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — City of Edmonds Comprehensive Plan Update I Packet Pg. 634 -VERY � NETS E � � ' vision • PI No Action Neighborhood Residential (Housing Bills Compliance) Middle housing: Duplexes, Triplexes, ADUs, townhomes, quadplexes (only with one affordable unit), stacked flats, cottage style and courtyard apartments r Existing: 3 floors (25'+) 3 a Q NO 0"I Alt A: Focused Growth Enable 3 floors multi -family / mixed -use 0 0 3 3 d v u a •o _T Neighborhood Commercial Multi -Family School Bus Stops 10.3.c Alt 6: Distributed Growth Enable 4 floors mixeri-imin d 45Ai1 - d E t C) to Q Metrics are approximate, conceptual only and subject to change with further study. --—————————————————————————————————————————————————————— City of Edmonds Comprehensive Plan Update I Packet Pg. 635 CL L S rlll­�vmpMON� I M OleOR 0 • • O E No Action Neighborhood Residential (Housing Bills Compliance) Middle housing: Duplexes, Triplexes, ADUs, townhomes, quadplexes (only with one affordable unit), stacked flats, cottage style and courtyard apartments Existing: 3 floors (25'+) Neighborhood Commercial Multi -Family School Bus Stops • 771 Alt A: Focused Growth Fnahla . flnnra miilti-fnmilu / Vro \YI [Ah W Alt 6: Distributed Growth 10.3CN mixed -use a Metrics are approximate, conceptual only and subject to change with further study. — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — City of Edmonds Comprehensive Plan Update I Packet Pg. 636 EDMS_ SATAK• 10 Areas of Change Centers Medical Center Expansion TOTAL lr> 1 T L--1 40 40 Ah 6111[Ah W Alt A: Focused Growth Alt B: Distributed Growth No of Units No of Units MEN" 200 900 1000-1200 2700-3000 1900-2000 3600-4000 10.3.c *Total numbers for Alt B: Distributed Growth represents unit count ifADUs are limited to 1 per lot based on HB 1110 & HB 1337 interaction Westgate, 34% Perrinville, 6% Seaview East 2% Firdale North, 2% 5 Corners, 40% Firdale Village, 14% Medical Center (� Expansion North Bowl, 2% \ 1000-1200 Perrinville, 11% Seaview East 18% Westgate, 17% Firdale North, 15% 5 Corners, 17% North Bowl, 8/ Firdale Village, 14% Medical Center Expansion 1900-2000 1 ------------------------------- ------------------------------------------ Metrics are approximate, conceptual only and subject to change with further study. City of Edmonds Comprehensive Plan Update I I Packet Pg. 637 EDMoN�Past • UW March 11 Online Open House Launch (Till April 05) March(TBD) Community Champions Orientation December First Neighborhood Meetings Jan Jan 24 PB Meeting Feb 14t" PB+ EDC Meeting C April 13 "Pencils Down" For Growth March 23 Alternatives Citywide Forum March 25 Waterfront Design Cha rette WE March Apri March 19 City Council March 13 PB+ EDC Meeting April 17 (tentative) Waterfront Design Workshop April -May Neighborhood Meetings pril (TBD) City Council April 10 PB Meeting (Transportation, Land Use) 10.3.c Jul DEIS Findii September (TB Draft EIS Commi Period Beg May(TBD) Waterfront Vision ii May May (TBD) May 08 City Council PB Meeting (Herrera: DEIS R ■ Community Outreach Events +City Council Meetings ♦ Planning Board Meetings • EIS Milestones ---------------------------------------------------------------------------------- City of Edmonds Comprehensive Plan Update I I Packet Pg. 638 i Vision plan QUESTIONS ? Q COMMENTS? Email us @ everyonesedmonds@edmondswa.gov For more updates, visit edmondswa.gov/everyonesedmonds 10.4 City Council Agenda Item Meeting Date: 03/19/2024 Resolution Adopting Traffic Safety Camera Location Analysis Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History February 2023 - Council passed Ordinance 4292 authorizing the use of automated traffic safety cameras in approved school zone locations and adopting ECC 8.01 automated traffic safety cameras. (attached) November 14, 2023 - (minutes attached) Red Light Camera Presentation to Edmonds City Council by Edmonds Police Department. Public Hearing on Installation of Red Light Cameras During 2024 Budget deliberations, a motion "to deny decision package 7, red light cameras, at this time and reconsider in 2024" passed 5-2. February 20, 2024 - At Council President Olson's request, Red Light Camera Presentation to Edmonds City Council by Edmonds Police Department. (updated slides used during February 20, 2024 presentation and minutes attached) Staff Recommendation Adopt the attached resolution, which summarizes the data received by the Council and adopts the location analysis for the purpose of informing the Council's upcoming decisions to implement, or not implement, the red light traffic safety cameras at any of the nine intersections under consideration. Narrative Council is undertaking an analysis of the possible use of traffic safety cameras at signalized intersections. At the request of Council President Olson, the city attorney has drafted a resolution that, if passed, acknowledges Council's satisfaction with data collected and adopts the analysis provided of proposed intersection locations for stoplight automated traffic safety cameras. The resolution's Exhibit A: Summary of Location Analysis is a table organizing the intersection location data presented to Council in the February 20, 2024 presentation by Chief Bennett. Supporting documents referenced in the February 20, 2024 presentation to council are attached to this agenda memo. The November 6, 2023 SLS Report includes average annual daily traffic and the Verra Mobility rating. A spreadsheet containing 2020-2022 Intersection Accidents data is also attached. New, still -preliminary data of 2023 Accidents displayed in the presentation as a table showing some (not all) intersections with multiple accidents in 2023 is also attached. Packet Pg. 640 10.4 Any decision to authorize the use of traffic safety cameras for any or all of these nine signalized intersection locations will occur not through this resolution but through subsequent council action. Attachments: 2024-03-12 resolution adopting analysis for red-light cameras Exhibit A Summary of Location Analysis Ordinance 4292 pages from November 14, 2023 EDMONDS CITY COUNCIL MINUTES Presentation - Edmonds Police Redlight Camera Council Meeting 2.15.24 - Updated pages from Edmonds City Council Minutes February 20, 2024 November 6 2023 SLS Report 2020-2022 Data Red Light Camera Intersections slides with 2023 Data from Edmonds Police Redlight Camera Council Meeting 2.15.24 - Updated Packet Pg. 641 10.4.a RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A SECOND TRAFFIC SAFETY CAMERA LOCATION ANALYSIS CONDUCTED PURSUANT TO RCW 46.63.170 WHEREAS, the Washington State Legislature, under Chapter 46.63 RCW, established its intent to promote the public safety and welfare on public highways and facilitate the implementation of a uniform and expeditious system for the disposition of traffic infractions; and WHEREAS, as part of that effort, the Legislature enacted RCW 46.63.170 relating to the use of automated traffic safety cameras; and WHEREAS, that statute authorizes the use of automated traffic safety cameras by local jurisdictions, provided that, before enacting an ordinance allowing for the use of such cameras, the appropriate local legislative authority first prepares an analysis of the locations within the jurisdiction where automated traffic safety cameras are proposed to be located; and WHEREAS, the City Council has previously adopted such an analysis for the use of traffic safety cameras in school zones; and WHEREAS, certain school zone traffic safety cameras were subsequently authorized by Ordinance 4292; and WHEREAS, the City Council is now undertaking an analysis of the possible use of traffic safety cameras at signalized intersections; and WHEREAS, the City Council is considering whether to authorize the addition of traffic safety cameras at up to nine specific signalized intersection locations; and WHEREAS, the City Council, after review and discussion, has determined that it is in the best interests of the city to adopt the automated traffic safety camera analysis of these nine signalized intersection locations pursuant to RCW 46.63.170(1)(a); and WHEREAS, any decision to authorize the use of traffic safety cameras for any or all of these nine signalized intersection locations will occur, not through this resolution, but through subsequent council action; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Recitals. The recitals set forth above are hereby incorporated by reference as if set forth fully herein. Packet Pg. 642 10.4.a Section 2. Adoption of Analysis. Pursuant to RCW 46.63.170(1)(a), the Edmonds City Council hereby adopts the automated traffic safety camera analysis of nine signalized intersection locations, as summarized in the table attached hereto as Exhibit A and incorporated herein by this reference. Section 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. RESOLVED this day of March, 2024. CITY OF EDMONDS MAYOR, MIKE ROSEN ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Pg. 643 10.4. b Exhibit A Summary of Location Analysis 22011 and Highway 99 Average Daily Traffic' 20,000 Accidents in 2020-20222 10 Verra Mobility Analysis Rating3 5.3 2023 Accidents' 12 212th and 76th Average Daily Traffic 6,000 Accidents in 2020-2022 15 Verra Mobility Analysis Rating 4.08 / 4.06 / 3.995 2023 Accidents 4 Highway 104 and 100th Average Daily Traffic 13,000 Accidents in 2020-2022 6 Verra Mobility Analysis Rating 3.5 / 3.42* 2023 Accidents Not yet available 224th and Highway 99 Average Daily Traffic 16,000 Accidents in 2020-2022 12 Verra Mobility Analysis Rating 3.41 2023 Accidents Not yet available 238th and Highway 99 Average Daily Traffic 20,000 Accidents in 2020-2022 5 Verra Mobility Analysis Rating 4.72 2023 collisions Not yet available 216th and Highway 99 Average Daily Traffic 20,000 Accidents in 2020-2022 5 Verra Mobility Analysis Rating 3.68 2023 Accidents Not yet available 228th and Highway 99 Average Daily Traffic 16,000 Accidents in 2020-2022 3 Verra Mobility Analysis Rating 4.05 2023 collisions 5 212th and Highway 99 Average Daily Traffic 20,000 Accidents in 2020-2022 2 Verra Mobility Analysis Rating 3.1 2023 Accidents Not yet available 220th and 76th Average Daily Traffic 12,000 Accidents in 2020-2022 13 Verra Mobility Analysis Rating 2.91 2023 Accidents 6 ' Source: City of Edmonds, presented to Council February 20, 2024 2 Source: Edmonds Police Department, presented to Council February 20, 2024 3 Source: Verra Mobility, presented to Council February 20, 2024 4 Source. preliminary 2023 data, Edmonds Police Department, presented to Council February 20, 2024 5 When more than one Verra Mobility rating exists, individual directions of the intersections were rated. Packet Pg. 644 10.4.c ORDINANCE NO.4292 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE USE OF AUTOMATED TRAFFIC SAFETY CAMERAS IN APPROVED LOCATIONS AND ADOPTING A NEW CHAPTER 8.10 (AUTOMATED TRAFFIC SAFETY CAMERAS); PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND SETTING AN EFFECTIVE DATE. WHEREAS, in 2022, the City initiated a pedestrian safety campaign and expressed interest in the use of automated traffic safety cameras, as governed by RCW 46.63.170; and WHEREAS, in 2022, the Washington State Legislature adopted amendments to that statute to authorize the use of such cameras in additional areas, including on any roadway identified in a school walk area, as well as in the previously authorized school speed zones; and WHEREAS, RCW 46.63.170 requires that local legislative authorities prepare an analysis of proposed camera locations, and the City Council has approved Resolution No. 1514 to adopt the required analysis prepared at the request of City staff; and WHEREAS, RCW 46.63.170 requires that the City provide public notice and signage relating to the automated traffic safety cameras, to include signs following the specifications of the manual of uniform traffic control devices that clearly indicate that the driver is within a school walk area or that the driver is entering an area where speed violations are enforced by an automated traffic safety camera; and WHEREAS, the Edmonds Police Department has coordinated with the City Engineer to provide the public with the required notice and signage; and WHEREAS, RCW 46.63.170 requires that the City post annual reports with traffic accident and infraction information and other relevant information about the automated traffic safety cameras that the City deems appropriate on the City's website; and WHEREAS, the Edmonds Police Department has coordinated with other City departments to generate and post the reports required under the statute; and Packet Pg. 645 10.4.c WHEREAS, the City Council approves the use of automated traffic safety cameras at the locations identified in the City's location analysis in school speed zones and school walk areas within the City of Edmonds in accordance with the provisions of RCW 46.63.170; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Authorization. City staff is authorized to install, operate, maintain and administer five (5) automated traffic safety cameras at the locations identified in the City's location analysis in school speed zones and school walk areas within the City of Edmonds in accordance with the provisions of RCW 46.63.170, and the Mayor is hereby authorized to enter into any necessary agreements to effectuate this purpose. Section 2. Adoption of New Code Section. A new Chapter 8.10 as set forth in full in the document attached to this ordinance is hereby adopted into the Edmonds City Code. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Corrections. The City Clerk is authorized to make necessary corrections to this ordinance and the new Chapter 8.10 ECC including, but not limited to, the correction of scrivener's and clerical errors, references, numbering, and any references thereto. Section 5. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAY MIKE NELSON 2 Packet Pg. 646 10.4.c ATTEST/AUTHENTICATED: CIT RK, COTT EY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADA FILED WITH THE CITY CLERK: February 17, 2023 PASSED BY THE CITY COUNCIL: February 21, 2023 PUBLISHED: February 24, 2023 EFFECTIVE DATE: March 1, 2023 ORDINANCE NO. 4292 Packet Pg. 647 10.4.c SUMMARY OF ORDINANCE NO.4292 of the City of Edmonds, Washington On the 21" day of February 2023, the City Council of the City of Edmonds, passed Ordinance No. 4292. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE USE OF AUTOMATED TRAFFIC SAFETY CAMERAS IN APPROVED LOCATIONS AND ADOPTING A NEW CHAPTER 8.10 (AUTOMATED TRAFFIC SAFETY CAMERAS); PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 21" day of February 2023. 4 CLERK, SCOTTIPASSEY Packet Pg. 648 10.4.c Chapter 8.10 AUTOMATED TRAFFIC SAFETY CAMERAS Sections: 8.10.010 Automated traffic safety cameras - Detection of violations - Restrictions. 8.10.020 Notice of infraction. 8.10.030 Prima facie presumption. 8.10.040 Infractions processed. 8.10.050 Fine. 8.10.060 Nonexclusive enforcement. 8.10.010 Automated traffic safety cameras - Detection of violations - Restrictions. A. City law enforcement officers and persons commissioned by the Edmonds police chief are authorized to use automated traffic safety cameras and related automated systems to detect and record the image of: (1) school speed zone violations; and (2) speed zone violations on any roadway identified in a school walk area as defined by RCW 28A.160.160; provided, however, pictures of the vehicle and the vehicle license plate may be taken only while an infraction is occurring, and the picture shall not reveal the face of the driver or of any passengers in the vehicle. B. Before adding additional cameras or relocating any existing camera to a new location, an analysis of the locations where automatic traffic safety cameras are proposed must be presented to the city council for approval. C. Each location where an automated safety camera is used shall be clearly marked by signs and/or flashing beacons placed in locations that clearly indicate to a driver that the driver is entering a zone where traffic laws are enforced by an automated traffic safety camera. D. "Automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle whenever a vehicle exceeds a speed limit to a school speed zone or school walk area as detected by a speed measuring device. 1 8.10.020 Notice of infraction. A. A notice of infraction must be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter's name and address. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. Packet Pg. 649 10.4.c B. If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction is issued, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 18 days of receiving the written notice, provide to the agency by return mail: (1) a statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or (2) a statement under oath that the business is unable to determine who was driving or renting the vehicle when the infraction occurred; or (3) in lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this statement to the agency shall relieve the rental car business of any liability under this chapter for the infraction. C. The law enforcement officer issuing a notice of infraction shall include with it a certificate or facsimile thereof, based upon the inspection of photographs, microphotographs or electronic images produced by an automated traffic safety camera, citing the infraction and stating the facts supporting the notice of infraction. This certificate or facsimile shall be prima facie evidence of the facts contained in it and shall be admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. D. The registered owner of a vehicle is responsible for an infraction detected through the use of an automated traffic safety camera unless the registered owner overcomes the presumption set forth in EMC 8.10.030, or, in the case of a rental car business, satisfies the conditions under subsection B of this section. if appropriate under the circumstances, a renter identified under subsection B of this section is responsible for an infraction. E. All photographs, microphotographs or electronic images prepared under this chapter are for the exclusive use of law enforcement in the discharge of duties under this chapter and, as provided in RCW 46.63.170(1)(i), they are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this chapter. No photograph, microphotograph or electronic image may be used for any purpose other than enforcement of violations under this chapter nor retained longer than necessary to enforce this chapter. 8.10.10.030 Prima facie presumption. A. In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this chapter, proof that the particular vehicle described in the notice of traffic infraction was involved in a stoplight violation or school speed zone violation, together with proof that the person named in the notice of infraction was at the time of the violation the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred. Packet Pg. 650 10.4.c B. This presumption may be overcome only if the registered owner, under oath, states in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody or control of some person other than the registered owner. I 8.10.040 Infractions processed. Infractions detected through the use of automated traffic safety cameras shall be processed in the same manner as parking infractions. 8.10.050 Fine. The fine for an infraction detected under authority of this chapter shall be a base monetary penalty of $130.00; and provided further, that whenever, in the future, the state of Washington increases the fine imposed under this chapter, by legislation or court rule, the city's fine shall be increased to a like amount upon the effective date of such legislation or court rule. 8.10.060 Nonexclusive enforcement. Nothing in this chapter prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1)(a), (b) or (c). Packet Pg. 651 10.4.c Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH972164 ORDINANCE 4292/4293 as it was published in the regular and entire issue of said paper and not as a supplement fornn thereof for a period of 1 issue(s), such publication commencing on 02/24/2023 and ending on 02/24/2023 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount the fee for s h publication is P Uncia $37.84. My P r_==_ b 'sJ'" ,25 Subscribed and sworn bef re me on this day ,,t /i Notary Public in and for the State of Washington. Cay of Edmonds- LEGAL ADS 114101416 SCOTI PASSEY Packet Pg. 652 Classified Proof 10.4. c OF:DINANCE SLlh+1_AARY uFlhz Cdy GI drclrm OgjllnAran On Phe 71%1 clay 0I Fatru0Fy 2023 Itie Coy Cauncu Or IIN@ Clty OI FW&l5ntl5. passed lnI following OFalrlafAe5- !hO sum n14rICS Of sa ra Ordinamas Lansm%ing of atlas are prOVIded SS 1p1I0 Yy: L')ROlN0.NCE NO 4242 AN ORDINANCE � CI:Y OF £DFJONDS 1NASii NGTON. AUTHORIZING -IHE USE OF ALTOMATED TRAFFIC SAFETY CAMERAS IN APPROVE.O LOCATIONS AND ADOPTING. A NEW CHAPTER 8.10 (AUTOMATE© TRAFFIC SAFETY GAMERAS); PROVIDoNG FOR SEVERABILITY AND CORRECTION& AND SETTING AN EFFECTIVF DATE, 6RDIplANt;E N(}, q28? AN ORDNANCE d• THE MY OF EDMONDS. WASHINGSON. CHANGING THE REGULAR MEETING TIME OF THE CITY COUNCIL'S PUBLIC SAFETY PLANNING, HUMAN SERvICE.S. AND PERSONNEL CPSPHSP') GOI.IMITTEE DATED1hls 7.ta+Day of F®hrunry. 2023. CITY CLERK. SCO PASS EDH9721fiA Pubrf51led: February 24. 2023 Proofed by Phillips, Linda, 02/24/2023 02:22:31 pm .N m a C O O J m d E U m cn U w L Q O Q O 3 O 0) Nd LPL (V cn N d U C m C a L 0 C d E t m Q Page: 2 Packet Pg. 653 10.4.d 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 Approved Minutes November 14, 2023 Page 2 Packet Pg. 654 10.4.d 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 Number of Accidents reported reflect collisions occurring wdhin the intersection. e 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 Approved Minutes November 14, 2023 Page 3 Packet Pg. 655 10.4.d 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 Approved Minutes November 14, 2023 Page 4 Packet Pg. 656 10.4.d 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 Approved Minutes November 14, 2023 Page 5 Packet Pg. 657 10.4.d 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 Approved Minutes November 14, 2023 Page 6 Packet Pg. 658 10.4.d 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 Approved Minutes November 14, 2023 Page 7 Packet Pg. 659 10.4.d - 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 Approved Minutes November 14, 2023 Page 8 Packet Pg. 660 10.4.d 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 Approved Minutes November 14, 2023 Page 9 Packet Pg. 661 10.4.d 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 Approved Minutes November 14, 2023 Page 10 Packet Pg. 662 10.4.d 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 Approved Minutes November 14, 2023 Page 11 Packet Pg. 663 10.4.d 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 Approved Minutes November 14, 2023 Page 12 Packet Pg. 664 10.4.d 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 Approved Minutes November 14, 2023 Page 13 Packet Pg. 665 10.4.d 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 Approved Minutes November 14, 2023 Page 14 Packet Pg. 666 10.4.d 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 Approved Minutes November 14, 2023 Page 15 Packet Pg. 667 10.4.d 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 CW Project Site & Description 2024 2025 2026 2027 2028 2029 6-Year Total Shell Creek Restoration �ARBYFORIYAR0. R39 Stream health and erosion control of shell Creek in Yost Park, scope TBD based 5 120,1e $ 380,000 S - S - S - $ - S 610,000 on study-3twly existing condition analysis in 2024- Design, permitting and S 250,000 construction work in 2025. R8 Yost Park & Pool R4 Park enhancements, repair and maintenance to include c �154,99 5 1,296,400 S S S $ S 1,296,400 R6 R31 playground and pool upgrades in 2025. Olympic Beach Park 2fle.e R7 - Replacement of failed ventilation system in 5 20,000 5 33,900 5 - 5 - S - 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, 1 5 100,000 5 340,370 R14 small shelter with picnic tables and habitat restoration, and consideration of a 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 Approved Minutes November 14, 2023 Page 16 Packet Pg. 668 10.4.d 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 Approved Minutes November 14, 2023 Page 17 Packet Pg. 669 10.4.d 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 Approved Minutes November 14, 2023 Page 18 Packet Pg. 670 IFPolice Departmei_ N LO N CD C d d a Edmonds Police Department Red -Light Cameras oz/Zo/Zoz4 If 1) H 11 CA I Cl I Packet Pg. 672 1 10.4.e • From hiring challenges to Hwy 99 to homelessness, new police chief addresses community questions • Posted: November 22, 2021 • Chief Bennett made it clear that she would like to see traffic cameras at every school crossing; in fact, "I would make all traffic infractions covered by cameras." Traffic issues, she added, are the number -one complaint the city gets. Fair warning. — By Bob Throndsen Packet Pg. 673 " > i 4w AF'W O*410 WAIP.� Lx&1L 7 ��- m lm,mm_ IF = L Limb 0.13M.0-rx parts (.1 .19) Mon. ISM4 P, lol M IS P, W4 P, ,Owr mo;qw. 10.4.e Packet Pg. 674 10.4.e Comparable Data • The intersections suggested are the highest volume intersection related accidents in the city. • Lynnwood, Kent, Lake Forest Park, Renton, Sea-Tac, Seattle have these, and many other agencies (Everett, Bothell) are also looking at them. • The city of Lynnwood is a relevant comparable city. LYNNWOOD W A S H I N G T O N 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 website. 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 / 196th St S.W. 6,070 3 44'h /Aid. Mall Blvd. 3,514 8 (A) 44'h / 19611- St S.W. 0 - Under Construction. 6 184'h / Aid. Mall Pkwy 4,728 6 196'h / Ald. Mall Pkwy 14,163 2 Maple / Aid. Mall Pkwy 1,900 3 19611 / Hwy 99 2,834 5 441" / 20011 St S.W. 5,063 8 (A) Hwy 99 / 20011 St S.W. 1,164 3 Number of Number of School Zone Citations Accidents a 18200 -18800 BLK 44th Ave West 4,175 1 5500 - 6600 BLK 168th St S.W. 2,660 Number of Accidents reported reflect collisions occurring within the intersection Packet Pg. 675 Lynnwood Red Light Camera Collisions 280 260 240 220 200 so so i40 2D 2022 44 2021 36 2020 29 2019 11 2018 14 2017 20 2016 80 2015 92 2014 83 2013 111 2012 161 0 Packet Pg. 676 10.4.e 11:481 .I LTE CE AA & mynorthwest.com 6 97.3FM K1�RROADIO _ CHOKEPOINTS 'Speeding is getting to be a bigger concern': Auburn's school zone traffic cameras return Mar 22, 2022, 5:38 AM I Updated: 9:39 am (Chris Sullivan, KIRO Newsradio) BY CHRIS SULLIVAN KIRO Newsradio traffic reporter < > U Share P► � l Didn't some cities do away with Red Light Cameras? • 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 rear -end collisions increased, he stated that they have actually gone down. • Kenmore is adding two cameras this year. • Auburn: Researching their website yesterday, led me to their links about photo enforcement... Reinstating cameras: March 22nd, 2022, adding 6-12 cameras. • Communicated with Redmond Police Lieutenant Julie Beard 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: • Communication sent to Chief Ted Boe of Burien PD. Chief Boe 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 are assigned to the city. We have 26 cops to handle 21,000 calls per year. Packet Pg. 677 Accidents and Safety 10.4.e Packet Pg. 678 Edmonds Proposed Pilot Red -Light Camera Program: Collision Data Data for accidents in Edmonds intersections was collected from 2020- 2022. An analysis of collision data was conducted, in addition to gathering input from the officers who investigate many of these collisions. Also considered were officer's observations of high pedestrian areas as well as areas of common citizen complaints. Accidents: Three Years of`�.at� �2020-2022) tential Red -Light Camera Intersections 10.4.e A 6 C D E F G H I J K 1` Collision Report Number Collision Date County City Jurisdiction Agency Primary TraljiCWdy Secondary Tra(Acway Block Number Intersection Related Weather Condition 2 EA01404 1/1/202018:23 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 224THSTSW 22400 Y Raining 3 EA17398 2/22/202021,58 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 220TH ST SW 22000 Y Raining 4 EA20495 3/3/202017:36 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 220THSTSW 22000 Y Clear 5 EA21122 3/8/202013:12 Snohomish Edmonds State Road Municipal/City Police HWY 99 23UH ST SW 23700 Y Overcast 6 EA30525 4/17/202014:53 Snohomish Lynnwood State Road State Patrol SR 99 228TH ST SW 22800 Y Clear 7 EA61800 9/6/202023:00 Snohomish Edmonds State Road Municipal/City Police SR 99 244TH ST SW 24400 Y Clear 8 EA63049 9/8/202014:48 Snohomish Edmonds State Road Municipal/City Police HWY 99 224TH ST SW 22400 Y Clear 9 EA68779 30/2/202022.28 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 2381HSTSW 23800 Y Clear 10 EA76826 10/31/202013:22 Snohomish Edmonds State Road Municipal/City Police HWY 99 216TH ST SW 21600 Y Clear 11 EA82349 11/18/20208:SO Snohomish Edmonds State Road Municipal/CityPolice HWY 99 224STSW 22400 Y Raining 12 EA86389 12/3/20209:20 Snohomish Edmonds State Road Municipal/City Police SR99 216TH ST SW 21600 Y Clear 13 EB09806 2/26/202116,34 Snohomish Edmonds State Road Municipal/City Police HWY 99 224THSTSW 22300 N Y 14 EB10820 3/2/202113:48 Snohomish Edmonds State Road Municipal/City Police SR99 216THSTSW 21600 N Y 15 EB13203 3/10/202115:36 Snohomish Edmonds State Road Municipal/City Police SR99 244THSTSW 24400 N Y 16 EB14597 3/17/202113:42 Snohomish Edmonds State Road Municipal/CityPolice HIGHWAY 99 220THSTSW 22D00 N Y 17 E518605 4/1/202116:30 Snohomish Edmonds State Road Municipal/City Police HWY 99 220TH ST SIN 21900 N Y 18 EB33976 5/27/202115:30 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 239TH ST SW 23800 N Y 19 EB63582 9/1/202117:55 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 220TH ST SW 22000 N Y 20 E569371 9/19/202117:25 Snohomish Edmonds State Road Municipal/City Police HWY 99 236TH ST SW 23600 N Y 21 EBBo909 10/17/202121:18Snohomish Edmonds State Road Municipal/CityPolice HWY 99 220STSW 21900 N Y 22 EB81118 10/2412021227 Snohomish Edmonds State Road Municipal/CityPolice HIGHWAY 99 220THSTSIN 21900 N Y 23 EB83111 10/28/202120:54 Snohomish Edmonds State Road Municipal/City Police SR99 229TH ST SW 22800 N Y 24 EB98477 12/2/202119.14 Snohomish Edmonds State Road Municipal/City Police HWY 99 224 ST SW 22400 N Y 25 EC14225 1/22/202215.36 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 224THSTSW 22400 N Y 26 EC16976 2/2/20220.57 Snohomish Edmonds State Road Municipal/City Police SR99 216THSTSW 21600 N Y 27 EC20595 2/14/20226:30 Snohomish Edmonds State Road Municipal/CityPolice HIGHWAY 99 244THSTSW 24400 N Y 28 EC20173 2/14/20221148 Snohomish Edmonds State Road Municipal/City Police HWY 99 224TH ST SW 22400 N Y 29 EC21933 2/20/202222,50 Snohomish Edmonds State Road Municipal/City Police HWY 99 23UHSTSW 23800 N Y 30 EC45462 5/10/202216.40 Snohomish Edmonds State Road Municipal/City Police SR-99 224TH ST SW 22400 N Y 31 EC51868 6/2/2022 21:16 Snohomish Edmonds State Road Municipal/City Police HWY 99 220 ST SW 21900 N Y 32 EC54781 6/10/202213:36 Snohomish Edmonds State Road Municipal/City Police HWY 99 224TH ST SW 22400 N Y 33 EC59118 6/23/202218:30 Snohomish Edmonds State Road Municipal/City Police HWY 99 220TH ST SW 22D00 N Y 34 EC70496 8/3/20226:31 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 212TH ST SW 21200 N Y 35 EC82621 9/10/2022 20.56 Snohomish Edmonds State Road Municipal/City Police HWY 99 22UH ST SW 22800 N Y 36 EC84480 9/15/202218:16 Snohomish Edmonds State Road Municipal/City Police HWY 99 212TH ST SW 21200 N Y 37 EC98425 10/29/202222:11 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 224THSTSW 22400 N Y 38 E010622 12/2/202223:37 Snohomish Edmonds State Road Municipal/City Police HWY 99 224THSTSIN 22400 N Y 39 ED13020 12/10/20226:35 Snohomish Edmonds State Road Municipal/City Police HWY 99 224 ST SW 22300 N Y 40 ED18246 12/24/20221942 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 220TH ST SW 22000 N Y 41 L M N Light ng Condition Injury Severity Object Struck Dark -Street Lights On Minor Injury Collision Dark -Street lights On Minor Injury Collision Daylight Minor Injury Collision Daylight Minor Injury Collision Daylight NoInjury Collision Dark -Street Lights On No Injury Collision Daylight NoInjury Collision Dark -Street Lights On No Injury Collision NONE Daylight NoInjury Collision Daylight Minor injury Collision Metai l) ity Boa Daylight NoInjury Collision Overcast Daylight NoInjury Collision Clear Daylight linorInjury Collisic Clear Daylight NoInjury Collision Clear Daylight NoInjury Collision Clear Daylight Noinjury Collision Raining Daylight NoInjury Collision Clear Daylight NoInjury Collision Overcast Daylight linor Injury Collisic Raining Dark -Street lights On NoInjury Collision Clear Dark -Street Lights On linor Injury Collisic Raining Dark -Street Lights On Noinjury Collision Clear Dark -Street lights On NoInjury Collision Clear Daylight linor Injury Collisic Clear Dark -Street Lights On linor Injury Collisic Overcast Dark -Street Lights On linor Injury Collisic Clear Daylight linor Injury Collisic Clear Dark -Street Lights On NoInjury Collision Clear Daylight NoInjury Collision Clear Dark -Street Lights On linor Injury Collisic Overcast Daylight Noinjury Collision Clear Daylight Noinjury Collision Clear Daylight NoInjury Collision Fog or Smog or Smoke Dark -Street lights On linor Injury Collisic Clear Daylight known Injury Collis Clear Dark -Street Lights On NoInjury Collision Snowing Dark -Street Lights On linor Injury Collisic Raining Dark -Street Lights On linorInjury Collisic Clear Dark -Street lights On NoInjury Collision Damage Threshold Met Hitand Run Notor vehices ^,c Y N 2 Y N 2 2 2 2 2 2 2 1 2 2 2 2 2 2 2 1 2 2 3 3 2 2020 HWY 99 Collisions 220th and 76th Collisions 22Dth and 9th Collisions 212th and 76th Collisions HWY 104 and Dayton Collisions HWY 104 and 100th Collisions 228th and 76th Collisions Packet Pg. 681 Six Potential Highway 99 Red - Light Camera Intersections • 224t" and Highway 99: 12 Accidents, 16,000 cars per day • 220t" and Highway 99: 11 Accidents, 20,000 cars per day • 238t" and Highway 99: Five Accidents, 20,000 cars per day • 216t" and Highway 99: Five Accidents, 20,000 cars per day • 228t" and Highway 99: Three Accidents, 16,000 cars per day • 212t" and Highway 99: Two Accidents, 20,000 cars per day Additional High Accident and Car Volume Intersections (Non -Highway 99) • 2201" and 761": 13 Accidents, 12,000 cars per day • 2121" and 761": 15 Accidents, 6000 cars per day • Highway 104 and 1001": Six Accidents, 13,000 cars per day File Home Insert Draw 19 v n v Page Layout Formulas Data Review View Automate Help Q Tell me what you want to do F 10.4.e P Cor Z4 v A A B C D E F G F• K Collision Report Number Collision Date County City Jurisdiction Agency PrimaryTrafficway SecondaryTrafficway Block Number School Zone Intersection Re EA15884 2/5/2020 14:10 Snohomish Edmonds City Street Municipal/City Police 220TH ST SW 76TH AVE W 7500 N y EA21441 3/6/2020 19:29 Snohomish Edmonds City Street Municipal/City Police 220TH ST SW 76TH AVE W N EA55371 8/14/2020 15:00 Snohomish Edmonds City Street Municipal/City Police 220TH ST SW 76TH AVE W N 5 EA61190 9/3/2020 20:26 Snohomish Edmonds City Street Municipal/City Police 220 ST SW 76 AVE W 7600 N 6 EA23427 3/12/2020 10:45 Snohomish Edmonds City Street Municipal/City Police 76 AVE W 220 ST SW 22000 N 7 EA12363 2/4/2020 17:52 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 220TH ST SW 21900 N 8 EA14906 2/14/2020 12:48 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 220TH ST SW 22000 N 9 EA88314 12/9/2020 17:25 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 220TH ST SW 2200 N 10 EA92026 12/21/2020 16:40 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 220TH ST SW N 11 EB06244 2/14/2021 19:40 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 220TH ST SW N 12 EB23743 4/20/2021 16:15 Snohomish Edmonds City Street Municipal/City Police 220TH ST SW 76TH AVE W N 13 EC63100 7/10/2022 21:36 Snohomish Edmonds City Street Municipal/City Police 220TH ST SW 76TH AVE W 7600 N 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 > - 2020 HWY 99 Collisions Workbook Statistics 220th and 76th Collisions 220th and 9th Collisions 212th and 76th Collisions HWY 104 and I Packet Pg. 684 Excel Red Light Camera Intersectionsidu 1 Download Q Save to OneDrive File Horne Insert Draw Page Layout Formulas Data Review View Automate Help Q Tell me what you rit to do 1i n B A B C D E F G H 1 1 K L M N 1 Collision Report Number Collision Date County City Jurisdiction Agency PrimaryTrafhcway SecondaryTrafticway Block Number School Zone Intersection Related Weather Condition Lighting Condition Injury Severity 2 EA15169 2/15/202020:06 Snohomish Edmonds City Street Municipal/City Police 212TH ST SW 76TH AVE W N Y Raining Dark -Street Lights On No Injury Collision 3 EA59850 8/31/202015:06 Snohomish Edmonds City Street Municipal/City Police 212TH Sr SW 76TH AVEW 7600 N Y Clear Daylight Minor Injury Collision 4 FA01885 1/12/2020 21:17 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 212TH ST SW N Y Snowing Dark -Street Lights On No Injury Collision 5 EA11297 2/5/202013:17 Snohomish Edmonds City Street Municipal/City Police 76TH AVEW 212TH ST SW 21200 N Y Raining Daylight No Injury Collision 6 EA70780 10/9/202017:28 Snohomish Edmonds City Street Municipal/City Police 76TH AVEW 212TH ST SW 7600 N Y Clear Daylight No Injury Collision 7 EB98901 12/8/202117:20 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 212TH Sr SW 21200 N Y Raining Dark -Street Lights On No Injury Collision 8 EB29948 5/13/202218:20 Snohomish Edmonds City Street Municipal/City Police 212TH ST SW 76TH AVEW 7600 N Y Clear Daylight No Injury Collision 9 EB38228 6/11/202115:32 Snohomish Edmonds City Street Municipal/City Police 212TH ST SW 76TH AVEW 7600 N Y Raining Daylight No Injury Collision 10 EB67478 9/14/20217:10 Snohomish Edmonds City Street Municipal/City Police 212 ST SW 76 AVEW N Y Clear Daylight Minor Injury Coll isior 11 EC66447 7/21/202210:00 Snohomish Edmonds City Street Municipal/City Police 222 ST SW 76 AVEW N Y Clear Daylight No Injury Collision 12 ED16286 12/19/20229:00 Snohomish Edmonds City Street Municipal/City Police 212 ST SW 76 AVEW N Y Clear Daylight No Injury Collision 13 ED16188 12/19/202210:30 Snohomish Edmonds City Street Municipal/City Police 212 ST SW 76 AVEW N Y Clear Daylight No Injury Collision 14 EC46309 5/12/2022 21:30 Snohomish Edmonds City Street Municipal/City Police 212TH ST SW 76TH AVE W N Y Clear Dark -Street Lights On No Injury Collision 15 EC29476 3/17/202215:24 Snohomish Edmonds City Street Municipal/City Police 76TH AVEW 212TH ST SW N Y Raining Daylight Minor Injury Collision 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 < - HWY 99 Collisions 220d1 and 76th Collisions 22001 and 9th Collisions 21M and 76%Coll' '- HWY 104 and Dayton Collisions HWY 104 and 100th Collisions 226th and 76th Collisions 10.4.e Packet Pg. 685 1 1 5 6 7 8 9 10 I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A A B C D E F G H , Collision Report Number Collision Date County City Jurisdiction Agency Primary Trafficway Secondary Trafficway Block Number School Zone EA16280 2/19/2020 15:10 Snohomish Edmonds State Road Municipal/City Police SR 104 100TH AVE W 10000 N EA18534 2/26/2020 11:21 Snohomish Edmonds State Road Municipal/City Police HWY 104 100TH AVE W N EA56441 8/17/2020 12:40 Snohomish Edmonds State Road Municipal/City Police HWY 104 100TH AVE W N EB30611 5/16/2021 12:53 Snohomish Edmonds State Road Municipal/City Police HWY 104 100 AVE W N ED01660 11/6/2022 23:00 Snohomish Edmonds State Road Municipal/City Police SR 104 100TH AVE W N ICI < > = 220th and 9th Collisions 212th and 76th Collisions HWY 104 and Dayton Collisions Workbook Statistcs HWY 104 and 100th Collisions 2 10.4.e N L0 r N K lei C Intersection Rel Y N Y Y y = 7 y O U ca m tE U w s a� N N t1 O a C O E W C w i4 w C N N N L a- r c N t� RQ Q Packet Pg. 686 10.4.e I 2.38 1 Name SLS Request O Ion Number SLS a Name 1 V 2 •• 3 1 Average DailyTraffk Year ADT Count oval Value Updated AADT ADT Source U Constructible Construct bil Comments WAEDM 2 Red Light IComplete EB 224th St@SW Pacific Hwy/SR 99 F T � N/A(don't have data for that approach( N/A 3.82 N/A Yes Google earth shows vehicles pad 3 WAEDM Red Light 1Complete NB SR 99/Pacific Hwy @220th St SW F 't` ?' 20,000 2022 3.71 Provided by Ci Yes 20'Slanted stop bar separation b, 4 WAEDM Red Light 1Complete SB SR 99/Pacific Hwy @220th St SW F % ?' 20,000 2222 3.83 Provided by Cit Yes 27 slanted stop bar seperabon b, 5 WAEDM Red Light 1Comlete SB Pacific Hwy/SR 99@212th St SW F t T 4 2o,0Do 2022 3.1 Provided by Yes 16'slanted stop barSinle pole ris 6 WAEDM Red Light 1 Complete SB Pacific Hwy/ SR 99 @ 216th St SW F % % -) 20,000 2022 3.63 Provided by Ci Yes 22'slanted stop bar,Sin le pole r 7 WAEDM Red Light IComplete NO SW Pacific H / SR 99@ 238th St SW E 'P 11 20,000 2022 3.91 Provided by Ci Yes 27 slanted stop bar/stop bar sep 8 WAEDM Red Light 3Complete SB SW Pacific Hwy /SR 99@238th St SW F % % 20,000 2022 4.72 Providedb Ci Yes 17 slanted stopbar,Sin le pole r 9 WAEDM Red Light IComplete NO Pacific H /SR 99@224th St SW F 'i' T 16,000 2022 3.11 Providedb CI Yes 23'slanted stop bar,5 stem play l0 WAEDM Red Light 1 Complete SB Pacific Hwy/ SR 99 @ 224th St. SW F % % 16,000 2D22 2.52 Provided by CI Yes 20'slanted stop bar,5 stem plaa LS WAEDM Red Light IComplete NO SW Pacific Hwy /SR 99@228th St SW F 'P 'r 16,000 2022 4.05 Provided by CI Yes 22'slanted stop bar,Sin le poler 12 WAEDM Red Light 1Complete SB SW Pacific Hwy/ SR 99@ 228th St SW F % % 16,000 2D22 2.53 Provided by Cl Yes At max distanm;21'slanted stop 13 WAEDM Red Light IComplete WB220th St SW@SR 99/Pacific Hwy 14,000 2022 2.95 Provided by Ci Yes 20'slanted stop bar seperabon b, L4 WAEDM Red Light N/A Not Constructible WB 76th Ave W @ 220th St SW FT 14,000 2022 N/A N/A No System placement issue due to o L5 WAEDM Red Light 1 Complete NB Hwy 104 @ IODth Ave W Ti 13,000 20I2 3.42 Provided by Ci Yes At min distance from stop bar,Sir l6 WAEDM Red Light 1 Complete WB 100[h Ave W @ Hwy 304 13,O00 2022 3.19 Provided by Cit Conditional Conditional, Ma'ar tree Irirrl;Tree L7 WAEDM Red Light 1 Complete EB 220kh St SW @ 76th Ave W F T 'T'i 12,000 2022 2.91 Provided by Ci Yes Single pole rear radar in range or L8 WAEDM RedUht I Complete SB Hwy 104 @ 100th Ave W 32,OOO 2022 3.5 Provided by Ci Yes Single pole rear radar in range or L9 WAEDM Red Light I Complete EB 100th Ave W @ Hwy 104 F % T� 12,DO0 2022 3.46 Provided by Ci Yes Slightly curved approach;Sin le LO WAEDM Red Light I Complete Ell 220th St SW @ SR 99/ Pacific HWY 11,OD0 2022 5.3 Provided by Ci Yes 16'slanted stop bar separation b, LI WAEDM Red Light 1 Complete NB 1ODkh Ave /9th Ave S @ Elm Way / 200th St SW <- i 8,000 2022 2.81 Provided by Ci Yes Single pole rear radar in rang— ?2 WAEDM Red Light 1Complete SB 100th Ave/9th Ave S@Elm Way/200th St SW F 'r4 81000 2022 2.69 Provided by CI Yes Single pole rear radar in range or U WAEDM Red Li tit 1 Complete SB 76th Ave W @ 220Ih St SW 6'WG 2022 2.95 Provided by CI Yes Single pole rear radar in range or N WAEDM Red li tit I Complete NO 76th Ave W @ 212th Street SW F 'r 61000 2022 4.08 Provided by Cit Yes jUblibes in areaSin le pole rear rr 6 WAEDM Red Li tit N/A Not Constructible SB 76th Ave W @ 210h Street SW F t 6,000 2D22 N/A N/A No 5 stem Iacement issue, not wit( 26 WAEDM Red Light 1 Complete EB 212th Street SW @ 76th Ave W F t 4 61000 2022 3.99 Provided by Ci Yes Single pole rear radar in ran eor 27 WAEDM Red Light 1 Complete WB 212th Street SW @ 76th Ave W F i' 6,000 2022 4.06 Provided by Ci Yes Single pole rear radar in ran eor 28 WAEDM Red Light Cormilete Ell 212th St SW 9D Pacific SR 99 F'r ?4 GAW 2022 2.52 Provided by Ci Yes Single Pole rear radar in range or 29 WAEDM Red Light N/A Not Constructible WB Elm Way/200th St SW@100th Ave/9th Ave FT 4,000 2022 N/A N/A No Donotrecommend,'Vii-Ilea 10 WAEDM Red Light IComplete EB 216th St SW@Pacific Hwy /SR 99 3,200 2023 2.38 Provided CI Yes Sin lepole rearradar in rang, or 11 WAEDM Re t 1Com late WB 224th St@SW Pacific Hwy /SR 99 F'j' 3,200 2D23 2.651Provided by CH, Yes NO ROW on shoulder,Recommen 12 WAEDM Red Light N/A Not Constructible NO 76th Ave W @ 220th St SW F 14 Z500 2022 N/A N/A No System placement issue, no ADA 13 WAEDM Red Light 3Com late WB 228th St SW@SW Pacific Hwy /SR 99 F T� 2,5W 2D23 2.73 Providetlb CI Yes Sin le ole rear radar in range or I6 WAEDM Red Light N/ANot Constructible EB 278th St @SW Pacific /SR 99 F q'� 2,000 2023 N/A Providedb Cl No System placement issue due to IS WAEDM Red Light N/ANot Constructible EB Elm We /20Dth St SW@100th Ave /9th Ave FT 2 1,500 2D22 N/A N/A No Do not recommend, no ROW, cui 16 WAEDM Red Light IComplete EB 238th St SW@SW Pacific Hwy/SR 99 F,' r 1,SW 2023 Provided by Ci Yes I Bus stop on shoulder,Yielding RT le N r N C 'rr C� L — 7N 3 1'. �0♦ 1: V Inl L G> in Etit io tit V or }s Ae t —n �m d Id1 ey rk LL qk r V le .O _k d rk I VJ = nn 0 G tra8 LU _ W ra w Q Packet Pg. 687 11 - fx Average Daily Traffic . u n 10.4.e JA—W N Mar AOfCWt AOf%—UQComa—tal C—unattal ltymare N/A dont have data 2 for that aoproaCh) N/A N/A Yes (3oogle earth snows venides parked on ROW,Small raised curbed shoulder;Single pole rear radar in range on shoulder night before driveway, about 98' from stop bar to capture Ll & 2; 3 20.000 2022 3. Provided by City Yes 20slanted stop bar seperstion betwem Ll and 4.&rqle pole rear radar in range on shoulder after driveway, about 100'" the bottom of the slanted stop bar to capture Ll Mru 4; 4 20,000 2022 SM Provided by City Yes 27' slanted stop bar separation between Ll and 4,Sngle pole rear radar in range on shoulder after driveway, about 100' from the bottom of the slanted stop bar to capture L1 thru 4, 5 20000 2022 3.1 Provided by City Yes I6'slamed stop badingle pole rear radar in nittile on shoulder after drivewary to capture LI tlfru 4; 6 20,000 2022 SM Provided by City Yes 22' slanted stop bar,Ssngle pole rear radar in range on shoulder to capture Ll thru 4; 7 200000 2022 3N Provided by City Yes 27' slanted stop bar/stop bar sepmrion,Single pole rear radar in range w shoulder, about 93' from LT stop bar to capture LI Uru 4;20mm ANPR required; 8 20,000 2022 4.72 Provided by City Yes 17' slanted stop bar,Single pole rear radar in range on shoulder about 100' from bottom of the stop bar to capture Ll thru 4;20mm ANPR required; 9 16,000 2022 3AI Provided by Vas 23' slanted stop bar;5ystem placement limitation due to driveway, Unable to capture LT lane,Sngle pole rear radar In range on shoulder, about 102' from stop bar to capture L2 thru 4,Possible tree thm 10 16,000 2022 25 Provided by Yes 20' slanted stop bar;System placement limitation due to driveway, unable to capture RT lane 4At max distance,Single pole rear repair in range on shoulder right after driveway/befbm storm drain, about 117 from bottom of LT stop bar to capture Ll thru 3; Il 16,000 2022 4.05 Provided by City Yes 22' slanted stop bar;Single pole rear radar on shoulder after storm brain / before driveway, abort 120 from top of the stop bar to capture Ll thru 4;20mm ANPR required; 12 16,000 2022 253 Provided by City Yes At max distance,21' slanted stop bar,Uneble to capture RT lane 4 due to driveway; Single pole rear radar in range on shoulder right after or,veway/before storm drain to capture LI thru 3; 13 11000 2022 2 Provided by Yes 20' slanted stop bar separation between Ll and 3Approach is uphill, about 9%mclineSystern placement limitation clue to curve and obstruction from utility pole near stop bar driveM, unable to capture RTSingle pole rear radar in range on shoulder after utility pole, about 14 14,000 2022 N/A NO System placement issue due to obstruction from unity poles; other utilities in area; 15 13 Wl) 2022 3.4 Provided by Yes At min distance from stop bar;Single pole rear radar in range m shoulder before norm drain, about 100' from stop bar to capture Ll & 2; 16 13000 2022 3.19 Provided by City Conditional Conditional, Major tree tnm;Tree on snoulder obstructing traffic signal.Unde,ground unimes in area;Si pole rear radar in range on shoulder, about 100' from stop bar to capture Ll thnl 3; 17 12,01W 2022 29 Provided by City Yes Single pole rear radar in range w shoulder before utility pole, about 95' from the stop bar to capture Ll & 2; 18 IzW0 2022 3. Provided by CityVas Si ngle pole fear radar In range w shoulder before driveway, about 122' from stop bar to capture LI thru 3; 19 izow 2022 3.4rA Provided by CityYes Sr ntiy Curved approach;5i ! Ode rear raper in ra eon shoulder, abort 100' horn stop bar to Capture LI tinN 3; 20 1 000 2022 5. Provided by Yes 16' slanted stop bar separation between Ll and 3,Si a pole rear radar in ran eon shoulder after udliry pole, about 100' iron the bottom of Ne slanted nap Osr tocara Ll Vau 3; 21 SAW 2022 2.8 Provided by City Yes Single pole rear radar in range on shoulder before utility pole, about 95' from stop bar to capture L3 & 2; 22 8,000 2022 2. Provided Oy City Yes Si ngle pole rear radar in range on shoulder before storm dram, about 95' from stop bar to capture Ll & 2; 23 6,000 2022 2.0 Provided by City Yes Si ngle pole rear radar in range on shoulder before utility pole, about 92' from the L2 stop bar to capture Ll & 2; 24 6,000 2022 4. Provided by Cityvas Utilities in area5in a pole rear radar In range on shoulder before before light pole, about 95' from stop bar to capture LI thru 3; 25 60000 2022 N/A NO System placement issue, not vAthm recommended placement due to Onveway and underground utilmes; 26 6.000 2022 3.0 Provided by City Yes Single pole rear radar in range on shoulder after, abort 122' from stop bar to capture Ll thru 3; 27 6,000 2022 4. Provided by City Yes Single pole rear radar in range on shoulder after driveway, about 125ftom stop bar to capture Ll thru 3; 28 6 OW 2022 2.52 P—ded IN, Clef Yes Sirale pole rear raper In range on shoulder about 100' from SWO bar to capture LI & 1 29 4,000 2022 Wt4 N/A NO Do not recommend, >4' ADA clearance; 30 3,200 2023 Provided by City Yes Singlepoierear radar in range on shoulder after driveway to capture Ll 8, 2; 31 3,200 2023 2fA Provided by City Yes No ROW on shoulder;Recornmend single pole rear radar on opposde side after driveway, about 100' from the stop bar to capture L3 & 2; 32 Z500 2022 Ill N/A No System placement issue, no ADA Clearance; 33 2,500 2023 2.731 ProvdWWy Orly Yes I Sinoepole rear radar in range on shoulder about 100' from bottom of the stop bar to capture LI & 2; 34 2,W0 2023 Provided by No System placement issue due to driveway, 35 1,500 36 1,500 37 700 2022 2023 1 2023 N/A Provided bV Smyes Provided bvcimy. Imp Do not recommend, no ROW curved road, approach is on a Ngh slope, I Bus stop of shoulderfilelcing RT lane 2,single pole rear radar in range on shoulder after bus stop, about 115' from stop br to cal U; ISingle pole rear radar in range w shoulder after driveway, about 110'trom stop bar to capture Ll; Page 1 } Workbook Statistics ® P Type here to search Gi - 50°F Cloudy n 4D I,)) 13,11 11/11/2021 50.4 Total per day x 30 = 1512, x31 = 1562 • Column L represents the number of daily projected violations for that specific movement (based on the running VERRA Mobility of their algorithm). • The rows where a N/A is shown are the ones where specific Rating ( to low) restrictions have been identified for such an addition (such as limited ROW, topography issues (as identified in Column P). Packet Pg. 688 • 2201" and Highway 99: VERRA Rating- 5.3 (10 accidents) 20, 10.4.e cars per day • 2381" and Highway 99, Southbound: VERRA Rating- 4.72 (five accidents) 20,000 cars LO • 2281" and Highway 99: VERRA Rating- 4.05 (three accidents) 161000 cars • 2121" and 761" Northbound: VERRA Rating- 4.08 (15 accidents) 6000 cars 0 • 2121" and 761" Westbound VERRA Rating- 4.06 (15 accidents) 6001 U ca rs • 2121" and 761" Eastbound VERRA Rating- 3.99 (15 accidents) 6000 ca rs • 238t" and Highway 99 Northbound: VERRA Rating- 3.91 (five 0 accidents) 16,000 cars • SR 99 and 216t": VERRA Rating- 3.68 (five accidents) 20,000 cars 0 W • Hwy 104 and 100t" Southbound: VERRA Rating- 3.5 (six accidents) o 131000 cars 2 • Hwy 104 and 100t" Northbound: VERRA Rating- 3.42 (six a accidents) 13,000 cars • SR 99 and 224t": VERRA Rating- 3.41 (12 accidents) 16,000 cars 0 Hwy 104 and 100t" Westbound: VERRA Rating- 3.19 (six accidents a 131000 cars 0 SR 99 and 212t"VERRA Rating- 3.1 (two accidents) 20,qPacket Pg. 689 10.4.e Another Potential Danger Of Intersection Related Crashes Police: Edmonds man `overreacted,' shot apologetic rideshare driver Alex Waggoner was reportedly crossing the street when Abdulkadir Shariff Gedi almost hit him. Waggoner then opened fire. by Jonathan Tall Friday, January 12, 2024 5:24pm EDMONDS — After Abdulkadir Shariff Gedi almost struck a pedestrian while making a left turn in Edmonds, the driver appeared to roll down the window to apologize, according to a police review of dashcam footage. Detectives believe Alex Waggoner, 21, then shot the rideshare driver to death in a brief and random confrontation, where the shooter was in no imminent danger. Amare Geda, a longtime ride -hail driver and father of two, was killed while on the iob in Sodo in August. Prosecutors charged an 18-year-old woman with first -degree murder in that case. Driver advocates have previously pushed for more cameras, improved technology and legislation to ensure drivers are paid enough to avoid working second jobs or late -night hours. Packet Pg. 690 10.4.e nrL6destrlan 2201h and HWY 99 = 1 • 2121h and 761h= 2 iccidents • HWY 104 and 100t" = 0 (Recently a homicide at the light at Hwy 104 and .ntersection the 8800 block, (12 blocks away) Intersection related near pedestrian crash. Packet Pg. 691 AL N K no Academic and Empirical Research I �10- -- I Is --v 10.4.e U L. M (3) C) nrolo U Road crashes are a prime cause of death and disability, and red- light running is a common cause of crashes at signalized intersections. 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. 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. A U � z , � o U 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 aXM,-,.,:T.M • to see how that country used automated en orcement to reduce traffic deaths. "Law enforcement has really stepped back from enforcing traffic laws," 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 fairly. And we do want to look at technology — cameras don't see race, they don't see gender." ad 10.4.e Two pedestrians struck in Perrinville neighborhood Sunday Edmonds police on Sunday afternoon were called to the scene of a vehicle collision in the Perrinville neighborhood, where two pedestrians were struck near 76th Avenue West and Olympic View Drive. Both patients were transported to Seattle's Harborview Medical Center, Edmonds Packet Pg. 695 10.4.e C J Academic Research: Studies Cited PUBLICATIONS: • National Academies of Sciences, Engineering, Medicine • Insurance Institute for Highway Safety • Safety Evaluation of Red - Light Cameras, Federal Highway Administration • National Library of Medicine • Journal of Safety Research .wb 6GO&W N ADO. © :+•v.� dmft r. M 4 .c O ,... ti.....10.010 ....OMebb via ar...g Packet Pg. 696 10.4.e • National Academies of Sciences, Engineering, and Medicine • American scientific academv • The National Academies of Sciences, Engineering, and Medicine, also known as the National Academies, is a congressionally chartered organization that serves as the collective scientific national nations lacadem ies.org Founder Federal Government of the United States • Headquarters Keck Center • 500 5th Street, NW, Washington, D.C. 20001 • Subsidiaries National Academy of Sciences (NAS) • National Academy of Engineering (NAE) • National Academy of Medicine (NAM) • Legal status Congressionally Chartered Nonprofit Organization • Purpose Provide independent, objective advice to inform policy with evidence, spark progress and innovation, and confront challenging issues for the benefit of society. • Location Executive Office National Academy of Sciences Building 2101 Constitution Avenue NW, Washington, DC 20418, United States • Membership Scientists, engineers, and health professionals • The National Academies of Sciences, Engineering, and Medicine (NASEM), also known as the National Academies, is a congressionally chartered organization that serves as the collective scientific national academy of the United States-. These esteemed institutions provide independent, objective advice to inform policy decisions, ignite progress and innovation, and address complex challenges for the betterment of society-. Let's delve into their significant contributions: • National Academy of Sciences (NAS): • the NAS iz a prestigious organization Nat recognizes outstanding scientific achievements across various fields, including the physical, biological, social, and medical sciences. Packet Pg. 697 10.4.e ERALHIGHWAYADMINI afetv Evaluation of Red -Light Came Publication Type: Technical Report OR Publication Number: FHWA-HRT-05-048 Abstract: The objective of this final study was to determine the effectiveness of red -light -camera (RLC) systems in reducing crashes. The study used empirical Bayes before -and -after research using data from seven jurisdictions across the United States at 132 treatment sites. The purpose of the study was to estimate the crash and associated economic effects of RLC systems and specially derived rear end and right-angle unit crash costs for various severity levels. Crash effects detected were consistent in direction with those found in many previous studies: decreased right-angle crashes and increased rear end ones. The economic analysis examined the extent to which the increase in rear end crashes negates the benefits for right-angle crashes. Th analysis showed an aggregate crash cost benefit of RLC systems. A disaggregate analysis found that the greatest economic benefits are associated with the highest total entering average annual daily traffic, the largest ratios of right-angle to rear crashes, and with the presence of protected left turn phases. There were weak indications of a spillover effect that points to a need for a more definitive, perhaps prospective, study of this issue. Publishing Date: April 2005 Author(s): Council, Forrest Persaud, Bhagwant Eccles, Kim Lyon, Criag Publishing Office: Office of Safety Research and Development FHWA Program(s): Safety Research AMRP Program(s): Safety Data and Analysis FHWA Activities: Highway Safety Information System Subject Area: Safety and Human Factors U.S. DEPARTMENT OF TRANSPORTATION Federal Highway Administration 1200 NEW JERSEY AVENUE, SE WASHINGTON, DC 20590 202-366-4000 Packet Pg. 698 fill j - 4t' ss it dip The Insurance Institute for Highway Safety (IIHS) is an independent, nonprofit scientific and educational organization dedicated to reducing deaths, injuries and property damage from motor vehicle crashes through research and evaluation and through education of consumers, policymakers and safety professionals. The Highway Loss Data Institute (HLDI) shares and supports this mission through scientific studies of insurance data representing the human and ;conomic losses resulting from the ownership and operation of different types of vehicles and by publishing insurance loss results by vehicle make and nodel. 3oth organizations are wholly supported by An IIHS-HLDI resource for students and teaches Newsletter archive 10.4.e A Safety and Health Research Forum A Joint Publication of the National Safety Council The Journal of Safety Research is a multidisciplinary publication that provides for the exchange of scientific evidence in all areas of safety and health, including traffic, workplace, home, and ... National Safety Council Inin MCC $3220 Article publishing charge for open access 12 days Time to first decision 180 days Review time 294 days Submission to acceptance 30 June 2021 View all special issues and article collections ViOIAI all icci icc Print ISSN: 0022-4375 Online ISSN: 1879-1247 Copyright © 2024 National Safety Council and Elsevier Ltd. All rights reserved For authors Resources for authors Track your accepted paper Journal_Finder Researcher -Academy Rights and permissions Journal Article u iPT fishing Support Center For editors Resources for editors Publishing Ethics Resource Kit Guest editors For reviewers Resources for reviewers Reviewer recognition All content on this site: Copyright © 2024 Elsevier B.V. its licensors, and contributors. All rights are reserved, including those for text and data mining, Al training, and similar technologies. for all open access content, the Creative Commons ,Icensln9 t—,ppiy M a 1(! 110� U . ns; oe National Safety Council Packet Pg. 700 10.4.e T NMDI P R NA TIONA I RAR O MEDICINE N M An official website of the United States government C O I C T A NC II NMT N D 223224M C C P M I A 2 24 N MI R P Intramural research at NLM consists of the development and application of computational approaches to a broad range of problems in biomedicine, molecular biology, and health. READ RESEARCH HIGHLIGHTS I MEET OUR PRINCIPAL INVESTIGATORS I EXPLORE TRAINING OPPORTUNITIES 8600 Rockville Pike Bethesda, MD 20894 Web Policies FOIA NLM NIH HHS USA.gov Packet Pg. 701 All fatal crashes at signalized intersections in 14 cities that terminated cameras programs during 2010-14 were 30 and 16 percent higher, respectively, after cameras were turned off than would have been expected had cameras remained ©1996-2023, Insurance Institute for Highway Safety, Highway Loss Data Institute, 501(c)(3) organizations Effects of turning on and off red IigLht cameras on fatal crashes in large U.S. cities Hu, Wen I Cicchino, Jessica B. Journal of Safety Research June 2017 Introduction: Although numerous studies have demonstrated that automated enforcement reduces red light running, a growing number of communities have deactivated their [ed_ 2 camera programs in recent years This study updates estimates of the effects of turning on cameras and offers a first look at the effects of turning them off Method: Among the 117 large U S cities with more than 200,000 residents in 2014, trends in citywide per capita rates of fatal red light running crashes and of all fatal crashes at intersections were compared among 57 cities that initiated camera programs during 1992-2014 and 33 cities without cameras during this period to examine the effects of activating camera programs Trends also were compared between 19 cities that turned off cameras and 31 regionally matched cities with continuous camera programs to evaluate the effects of terminating camera programs Because several cities turned cameras off during 2005-08, the estimated effects might have been confounded by the U.S economic downturn immediately afterward The primary analyses were limited to the 14 cities that turned off cameras during 2010-14 and compared trends in the 14 cities with those in 29 regionally matched cities with continuous camera programs Poisson regression was used to examine the relationship of activating and deactivating camera programs with fatal crash rates Results: After controlling for temporal trends in annual fatal crash rates, population density, and unemployment rates, rates of fatal red light running crashes and of all fatal crashes at signalized intersections in cities with cameras programs were 21 and 14 percent lower, respectively. after cameras were turned on than what would have been expected without cameras Rates of fatal red light running crashes and of all fatal crashes at signalized intersections in 14 cities that terminated cameras programs during 2010-14 were 30 and 16 percent higher, respectively, after cameras were turned off than would have been expected had cameras remained Increases in rates of fatal red light running crashes (18%) and of all fatal crashes at signalized intersections (8%) in all 19 cities that turned cameras off were not significant Conclusions: The current study adds to the body of existing research indicating that red light cameras can reduce the most serious crashes and is the first to demonstrate that kerminating camera programs increases fatal crashes Practical applications: Communities interested in improving intersection safety should consider this evidence Legislators and communities thinking about terminating camera programs should consider the impact to safety if programs end Packet Pg. 702 10.4.e Effects of red light running camera systems installation and then deactivation on intersection safety Munehoon Ko=, Srinivas Reddc Gccdinalls=: Troy Duane Walden-, Robert Carl Wunderl[ch' Affiliations and Abstract Introduction: The primary objective of this paper is to evaluate the safety impacts of red-light running camera (RLC) system installation and then deactivation at 48 intersections in Houston, Texas. The second objective is to evaluate the spillover effect at nearby non -treated intersections in Houston after the deactivation. Methods: To accomplish study objectives, an Empirical Bayes (EB) before -after analysis was used. Results: The results indicate statistically significant collision reductions on all red-light running (RLR) crash types (37 percent) as well as right-angle RLR crashes (47 percent) at the treated intersections after RLC activation. By way of comparison, the RLC deactivation analysis indicated that crashes increased by 20 percent for all RLR crash types and by 23 percent in right-angle RLR crashes at the formerly treated intersections. After deactivation, all severity RLR crashes increased more than expected at nearby non - treated intersections, which indicates the possibility of an adverse spillover effect. However, fatal/injury crashes associated with rear -end decreased after deactivation at both formerly treated and non -treated intersections, although those rear -end crashes account for smaller proportions when compared to all crash types/right-angle crashes. Practical applications: Overall, removing RLC treatments results in a negative reaction to the safety benefits that the treatment provides when it is in place and actively working and to the nearby intersections where the treatment has not been implemented. This study helps define the effects that RLCs have on safety at signalized intersections after installation and deactivation. The results indicate statistically significant collision reductions on all red-light running (RLR) crash types (37 percent) as well as right-angle RLR crashes (47 percent) at the treated intersections after RLC activation Packet Pg. 703 10.4.e Effects of refit camera enforcement on red light violations in Arlington County, Virginia McCartt, Anne T. I Hu, Wen Journal of Safety Research February 2014 Objectives: In June 2010, Arlington County. Virginia, installed red light cameras at four heavily traveled signalized intersections Effects of camera enforcement on red light y tQD5A= examined Methods: Traffic was videotaped during the 1-month warning period and 1 month and 1 year after ticketing began at the four camera intersections, four non -camera "spillover" intersections in Arlington County (two on travel corridors with camera intersections, two on different corridors), and four non -camera "control" intersections in adjacent Fairfax County Logistic regression models estimated changes in the likelihood of violations at camera and spillover intersections. relative to expected likelihood without cameras, based on changes at control intersections. Results: At camera intersections. there were significant reductions 1 year after ticketing in odds of violations occurring at least 0 5 s (39%) and at least 1 5 s (86%) after lights turned red, relative to expected odds without cameras, and a marginally significant 48% reduction in violations occurring at least 1 s into red At non -camera intersections on corridors with camera intersections, odds of violations occurring at least 0 5 s (14%). 1 s (25%). and 1 5 s (63%) into the red phase declined compared with expected odds, but not significantly Odds of violations increased at the non -camera intersections located on other Arlington County travel corridors Conclusions: 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. Spillover benefits were observed only for nearby intersections on travel corridors with cameras and were not always significant Practical application: This evaluation examined the first year of Arlington County's red light camera program, which was modest in scope and without ongoing publicity A larger. more widely publicized program is likely needed to achieve community -wide effects. 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. • 9)1996-2023, Insurance Institute for Highway Safety, Highway Loss Data Institute, 501(c)(3) organizations Packet Pg. 704 10.4.e Red-light cameras for the prevention of road traffic crashes A S Aeron-Thomas . S He„ Abstract Background: Road crashes are a prime cause of death and dudbil and red-light running is a common cause of crashes at b lam, 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. Obiectives: To quantify the impact of red-light cameras on the incidence and severity of road crashes and casualties, and the incidence of red-light violations. Search strategy: We searched the following electronic databases TRANSPORT (NTIS, TRIS, IRRD,TRANSDOC), Cochrane Injuries Group 5g=d�Register, Cochrane Controlled Trials Register, MEDLINE, EMBASE and the Australian Transport Index. We checked the reference lists of relevant papers and contacted research and advocacy 9%0,0 A"i Selection criteria: Rd or quasi -controlled trials and controlled before -after studies of red-light cameras. For crash impact evaluation, the before and after periods each had to be at least one year in length. For violation studies, the after period had to occur at least one year after camera installation. Data collection and analysis: Two reviewers independently extracted data on study type, charactenstics of camera and control areas, and data collection period. Before -after data were collected on number of crashes by severity, collision type, deaths and injuries, and red-light violations. Rate ratio was calculated for each study Where there was more than one, rate ratios were pooled to give an overall estimate, using a generic inverse variance method and a random -effects model Main results: No (Ap0 controlled trials were identified but 10 controlled before -after studies from Australia, Singapore and the USA met our inclusion criteria. Authors' conclusions: Red-light cameras are effective in total casualty crashes. reducing Packet Pg. 705 10.4.e 1 TRIDthe TRIS and ITRD database EVALUATION OF RED LIGHT CAMERA ENFORCEMENT IN FAIRFAX, VA., USA More than one million crashes occur annually at traffic signals in the United States, and redli htht cameras increasingly are being used to supplement police - enforcement efforts by automatically photographing vehicles whose drivers run red lights. This feature evaluates nine intersections studied in the city of Fairfax, Virginia. Red light camera enforcement in Fairfax was preceded by a 30-day warning period, during which cameras were used to photograph violators, but no tickets were issued. Red light violation data were collected immediately prior to the warning period and then 3 months and one year after enforcement began. Random sample telephone surveys of residents about their awareness and opinions of red light camera enforcement were also conducted approximately one month before and one year after the enforcement program began. 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. Overall reductions at the two noncamera sites were 14% after 3 months and 34% after one year. The overall violation rate at the control sites essentially was unchanged. Public support for camera use increased from 75% before enforcement to 84% one year after enforcement. Corporate Authors: Institute of Transportation Engineers (ITE) Washington, DC United States • Authors: o Retting, R A o Williams, A F o Farmer, C M o Feldman, A F • Publication Date: 1999-8 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. Packet Pg. 706 10.4.e Safety Evaluation of Red -Light Cameras. US Department of Transportation, Federal Highway Administration XII. DISCUSSION AND CONCLUSIONS 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. Their use has not been without controversy, primarily related to the use of private firms to implement the program, and questions concerning changes in signal timing during program implementation. Part of the controversy has stemmed from the lack of sound research concerning the effects of RLCs on intersection crashes. Many studies of RLC effectiveness were conducted in jurisdictions outside the United States, and most of the U.S. and non-U.S. studies have experienced methodological problems, as was documented by the critical review of literature conducted in this effort. This current study was an attempt to overcome these methodological issues and to examine the crash -related effects in multiple U.S. jurisdictions to see if consistent results were found AAat using the same methodology, "fine and points" was found to be associated with a greater benefit than "fine only." In summary, the multijunsdictional database deY ed and the crash - based and economic analyses used made it possible to answer most of the questions posed by FHWA. This economic analysis represents the first attempt in the known literature to combine the positive effects of right-angle crash reductions with the negative effects of rear end crash increases, and to identify factors that might further enhance the effects of RLC systems Larger crash sample sizes would have added even more information The following primary conclusions are based on these current analyses • Even though the positive effects on right-angle crashes of RLC systems is partially offset by negative effects related to increases in rear end crashes, there is still a modest to moderate economic benefit of between $39,000 and $50,000 per treated site year, depending on whether one examines only injury crashes or includes PDOs, and on whether the statistically non -significant shift to slightly more severe right-angle crashes remaining after treatment is, in fact, real. • Even if modest, this economic benefit is important. In many instances today, the RLC systems pay for themselves through red -light -running fines generated. However, in many jurisdictions, this differs from most safety treatments where there are installation, maintenance, and other costs that must be weighed against the treatment benefits. • The modest benefit per site is an average over all sites. As the analysis of factors that impact showed, this benefit can be increased through careful selection of the sites to be treated (e.g., sites with a high ratio of right-angle to rear end crashes as compared to other potential treatment sites) and program design (e.g., high publicity, signing at both intersections and jurisdiction limits) 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 and rear end crashes increase 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 Packet Pg. 707 10.4.e Reductions in injury crashes associated with red light camera enforcement in Oxnard, California Retting, Richard A. l KyUgbjWI Q. Sergey Y. Amencan Joumal of Public Hea;,'� November 2002 Objectives: This study estimated the impact of red light camera enforcement on motor vehicle crashes in one of the first US communities to employ such cameras — Oxnard, California. Methods: Crash data were analyzed for Oxnard and for 3 comparison cities. Changes in crash frequencies were compared for Oxnard and control cities and for signalized and nonsicinalized intersections by means of a generalized linear regression model. Results: 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%. Conclusions: Because red light cameras can be a permanent component of the transportation infrastructure, crash reductions attributed to camera enforcement should be sustainable. 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. Packet Pg. 708 10.4.e • or s nig (Assoc! ww. g h %cm • • Pedestrian 2021 PRELIMINARY DATA k)h y (January- December) • Automated traffic enforcement ion (particularly speed enforcement), while controversial, has irrefutably led 'firg to reductions in motorist speeds and crashes. A literature review of studies Ole evaluating speed cameras concluded that all studies measuring speed or speeding saw reductions when the cameras were present.31 • 31. Cecilia, W., Charlene, W., Joan, H. K., Le Brocque, R., & Bellamy, N. (2010, November 10). Speed cameras for the prevention of road traffic injuries and deaths. https://doi.org/10.1002/14651858.CDO04607.pub4 32 Packet Pg. 709 Pedestrian Fatalities on the Rise in Washington State Washington State sees a high number of pedestrian fatalities on its roads every year. Even though lawmakers have - - III - o reduce traffic - related deaths, our numbers have continued to claim. Pedestrians continue to be vulnerable road users, with nothing to protect them from the force of a colliding vehicle. 10.4.e 2 P 2 22 T D 2 2 0 T DOT How Many Pedestrian Fatalities are There in Washington? More than 100 pedestrians are killed by motorists every year in Washington State. However, that does not paint the full picture of the hundreds of additional pedestrians who are struck and seriously injured on our roads. Not to mention, the lives of families and friends impacted by each victim. Packet Pg. 711 10.4.e 2008 Red -Light Cameras Is -a p proves-tria I-ru n-of-red-light-cam eras/ = Q � 51*F HeraldNet Tuesday, February 20, 2024 EVERETT. WAENINGTON Local news Sports Food & Drink Life Business Opinion Obituaries Classifieds Edmonds approves trial run of red -light cameras By Chris Fyall For The Herald Friday. September 19, 2008 9:37pm EDMON DS LOCAL NEWS 00000 EDMONDS — First they were in Seattle, then Lynnwood, then almost everywhere — Issaquah, Puyallup, Spokane — and now red-light cameras appear headed to Edmonds, at least on a trial basis. The city approved this week the installation of trial cameras at three busy intersections in south Edmonds. The intersections are at Highway 99 at 22oth Street SW, Highway 99 at 238th Street SW and Edmonds Way at both Avenue W. If the city ultimately installs the cameras, red-light violators would be subject to $124 fines. There need to be 1.2 violations daily in each direction to justify permanent cameras, Assistant Police Chief Gerry Gannon said. Packet Pg. 712 10.4.e 2008 Red -Light Cameras Q 51°F Herald a Sign In ® U C Tuesday. February 20. 202z. 0 U Local news Sports Food & D/inK Life Business Opinion i>brtuenes Classifieds Jobs Marketplace All sections L � E fC U "There are probably a lot of near -misses at those intersections that we P don't even know about," he said. d W Not everybody is in favor of the cameras. For instance, some believe the cameras are used to help cities increase revenue. a� v .o Lynnwood, for example, raised $1.i million in red-light violations in the d first six months after it installed 12 cameras last summer. Seattle also has to raised millions in violations revenue. O E That isn't Edmonds' priority, council member Deanna Dawson said. W Some nearby cities, including Mill Creek and Mountlake Terrace, have ' considered the cameras, but found they didn't want them, or that drivers p didn't run enough red lights. That could happen in Edmonds, too. "Going through the survey is an important thing to do," Edmonds Mayor C N Gary Haakenson said in August. "We may actually find out that we do not L have a problem." d In Edmonds, the test cameras would be installed and monitored by d American Traffic Solutions, the same company that has installed cameras in E Lynnwood. v If an intersection warrants a permanent camera, the city would have to Q approve the final installation, but ATS would install and monitor it for free. ATS' fee is more than $4,000 per camera, but the company takes that earth Packet Pg. 713 10.4.e 2008 Red -Light Cameras .m/news/edmonds-approves-trial-ru n-of-red-light-cameras/ Q 51'F &ral&et Sign In Tuesday, February 20, 2024 EYEE[TT, wALNINOTOM e1 - Local news Sports Food & Drink Life Business Opinion Obituaries Classifieds Jobs Marketplace All sections The trial will take place within the next month, officials said. It could be 2009 before permanent cameras are installed, Gannon added. Advocates believe the cameras increase safety at dangerous intersections. "If you have a crash in the middle of an intersection, it is usually because somebody was not paying attention to the traffic signal," Edmonds Police Chief Al Compaan said. "I don't think there's any question that at those intersections where cameras are installed, people are better at taking the traffic signals seriously." Each of the intersections getting a camera in Edmonds has averaged about one right-angle collision a year, said Bertrand HaUSs, a traffic engineer with the city. Thev eet crowded durine rush hour, and drivers uush the limits, Hauss told The City suggested cameras at three busy intersections including: • Highway 99 and 220th • Highway 99 and 238th • Edmonds Way and 100th 16 years later... Packet Pg. 714 10.4.e 2023 Data: Hot off the Press Although pedestrian involved collisions represented a low number of parking lot collisions, the overall number of pedestrian related collisions in 2023 increased. The table below categorizes pedestrian related collisions into 6 locations for each trimester of 2023. 1 2 3 Tota I Parking Lots 3 1 4 8 H WY 99 0 1 2 1 3 H WY 104 1 0 0 1 HWY 524 0 2 0 1 2 Downtown 1 0 4 5 Other 1 1 3 10 14 Total 6 8 19 The total number of pedestrian related collisions for the first two trimesters are typical of previous years. However. the total number of pedestrian related collisions in the third trimester is over 3 times more than it was in 2022 (6) and almost 2 times as much as 2021 (10). Since 2020, there was a significant decrease in pedestrian related collisions. However. the totals for 2023 resemble pre -pandemic numbers with 22 total collisions in 2018 and 28 total collisions in 2019. Packet Pg. 715 10.4.e Vehicle vs. Pedestrian Collisions by Year 3,-) 30 ;.) 2U 1 10 S 0 2018 2019 2020 2021 2022 Packet Pg. 716 201Q 202u 2021 2022 2023 10.4.e The last data set that I analyzed was intersection collisions. There were 204 collisions that occurred in intersections in 2023. There were many intersections that had multiple collisions. but some of the more prevalent locations are as follows: HWY 99 and 220th St. SW 7q HWY 99 and 228th S HWY 104 and 240th St. SW 220th St. SW and 76th Ave W 6 220th St. SW and 100th Ave W/9th Ave S 6 212th St SW and 72nd Ave W 212Mt. SW and 76thARv6reW 228th St. SW and Main St. and 9th Ave 13 The locations highlighted in red are locations that are controlled by traffic signals. while the locations highlighted in gray are controlled by stop signs (in at least one direction). Further discussion with the City's traffic engineer will be needed in order to identify if there is an engineering adjustment that can be made for these locations. However, one adjustment that can be made for the locations in red are the implementation of red light cameras. There are multiple studies that have been done that support the positive impact that red light cameras have on decreasing the number of violations, which lead to intersection related collisions. I believe that these could be a benefit at these intersections, as well as a few others that may not have the collision data to support it, but have a high volume of pedestrian traffic and a high volume of complaints about drivers running red lights (such as HWY 104 and Dayton St.). Packet Pg. 717 4, Costs and Offsets of a Red -Light Camera Program 10.4.e Are the costs of the camera offset or will they cost the city additional money? • VERRA charges $5000 per camera per month • Seven cameras would be $35,000 total per month • Court costs: Monthly 2475 tickets=$17,859 + $5000 (est. cost $24,900 per month) 2475 tickets a month would be 82.5 a day= 11 per camera, per day. • Court costs: Monthly 1680 tickets $16,722 + $5000 (est. cost $21,700 per month) 1680 tickets per month would be 56 tickets a day= 8 per camera, per day. • Police costs are currently neutral. • 2,475 tickets per month x $130 average fine = $321,000 •-$241900 costs • $262,000 delta in the positive per month • (A year: $3,144,000) • 1680 tickets per month x $130 average fine=$262,000 •-$21,700 costs • $229,300 delta in the positive • (A year: $2,751,600) Packet Pg. 719 10.4.e What is the impact related to court costs? • 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. • These hearings take place from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 2:00 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. Packet Pg. 720 Workload impact assuming (1) 2,475 red light citations per month; and (2) 1,680 red light citations per month. Assuming 2,475 red light citations each month with 18.5% of individuals cited requesting a hearing, this will result in an additional 458 infraction hearings per month. The increase in hearings would require Edmonds Municipal Court to move from infractions being held on two days per month to 13.5 days per month. . • Assuming 2,475 citations per month, Edmonds Municipal Court estimates that the increased Court Clerk workload from red light cameras would require an additional two to three FTEs. • The annual salary of a Court Clerk at Step One 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 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 $3,737 per month. • Assuming 2,475 citations per month, Edmonds Municipal Court estimates that its increased monthly costs would be between $17,859 and $24,920 10.4.e Packet Pg. 722 10.4.e • Assuming a total of 1,680 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 infractions hearings that Edmonds Municipal Court conducts each month. • The increase in hearings would require Edmonds Municipal Court to move from infractions hearings being held two days per month to 10 days per month. • Additional capacity could 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, Edmonds Municipal Court estimates that the increased Court Clerk workload from red light cameras would require an additional 2 FTEs. Edmonds Municipal Court estimates that its increased monthly costs would be $16,722. Packet Pg. 723 • Conservatively, based on conversations with Lynnwood PD, it takes approximately one minute to view three tickets. • 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. • 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 of the violation online. • The steps on how to respond to the infraction are decided upon by the court. • There is a boiler plate narrative from police on each ticket. • 2,475 tickets per month, divided by 3 tickets a minute, is 825 minutes a month (or 13.75 hours a month). • 1680 tickets per month, divided by 3 tickets a minute, is 560 minutes a month (or 9.3 hours a month). 10.4.e Packet Pg. 724 Options and Recommendations Red Light Camera Program 10.4.e Packet Pg. 725 10.4.e Pilot Program Red -Light Camera Sites: Three Intersections 1. 220t" and Highway 99: 5.3 (10 accidents) 20,000 cars per day 1. One approach :16101U1 1,1P.11116 MIN [o • • 2. 212t" and 76t" : 4.08 (15 accidents) 6000 cars per day 1. Three approaches 3. Hwy 104 and 100t" : 3.5 (six accidents) 13,000 cars per day 1. Three approaches Thre'71Mtersect�1,680 potential citations Packet Pg. 726 Install Cameras at six Highway 99 intersections an 1o.4.e three additional high accident intersections: Nine intersections total • 224t" and Highway 99: 12 Accidents, 16,000 cars per day • 220t" and Highway 99: 11 Accidents, 20,000 cars per day • 238t" and Highway 99: Five Accidents, 20,000 cars per day • • • • 216t" and Highway 99: Five Accidents, 20,000 cars per day Option 2 • 228t" and Highway 99: Three Accidents, 16,000 cars per day • 212t" and Highway 99: Two Accidents, 20,000 cars per day • 2201" and 761": 13 Accidents, 12,000 cars per day • 2121" and 761": 15 Accidents, 6000 cars per day • Highway 104 and 1001": Six Accidents, 13,000 cars per day Nine Intersections 2,475 potential citations Packet Pg. 727 10.4.e 0 • Install red-light cameras at three Highway 99 intersections and three non -highway 99 intersections. Six intersectiM2,077 potential citations Packet Pg. 728 Nrnnn The proposed red-light camera enforcement systems (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. i For 2024, best case scenario is having cameras operational by July, so for the remaining six months of the year they would be functional. The proposal is to install red light cameras at determined high accident risk intersections. 10.4.e eographic U 0 As Packet Pg. 730 Economic and Geographic Differencesin camera placement = A Camera violations do not distinguish gender, economic status, race, etc. Most Highway 99 traffic is through traffic travelling through the city to other destinations. Highway 104 and 100t" would potentially capture those heading to the ferry or living in the Edmonds Bowl. 212tn/220tn and 76t" captures a more residential area of Edmonds and high school traffic. Income by Location Use the dropdown to filter by race/ethnicity. RACUETHNICITY Total HIGHEST MEDIAN HOUSEHOLD INCOME (TOTAL) 1. Census Tract 506 2. Census Tract 503 3. Census Tract 502 In 2021, the place with the highest Median Household Income (Total) in Edmonds, WA was Census Tract 506 with a value of S191,250, followed by Census Tract 503 and Census Tract 502, with respective values of S152,613 and S131,136. The following map shows all of the places in Edmonds, WA colored by their Median Household Income (Total). Data from the Census Bureau ACS 5-year Estimate. 0 ❑a ston View Data Save Image 4 Aountlakc Share / Embed Add Data to Cart Aiderwood Manor Mill Crcck North Cry O OpenStreetMap contributors. © CARTO Median Household Income $40.9k - $69.8k $69.9k - $92.2k $92.2k - $124k 0 $125k - $190k E $191 k+ 2013 2014 2015 2016 2017 2018 2019 2020 Packet Pg. 732 Citation Information g Packet Pg. 733 10.4.e Pa�4 DECLARATION OF NON -RESPONSIBILITY Complete the Declaration of Non Responsibility If you wero not the driver. This Doctanfnm may no1 be used by amployors/pnncipals to he"fal.spons,NNy b their emptuyaeslagents. As a mane, of law. a vehicle ,egistared 10 an empby"lo"crpal that Is tlriven by an employee remains h the "cam, custody, aM mnhol' a/ the ampbyer/agent and thus, file empbye,/pnncrpal is responsrbla To, the payment of the penalty. Notice Number: Liens. Plata Number: State: I received the above-releranced Notice of Inhactlon. At the time of Mindu e Aollrbon llld In the Notice of Infraction, the vehlcla described In the Notice as ( I Stolen () Sold I I In the care, custody, or control of another person Tno statement —, rebuts the prasumptmn of 1 ad q Vou may also provide the loeovnng Infor—bon to confirm espors:blity a odice repUn (,electing the vehicle was elites). Report of Sale from the DepaUhhent of Licenairag (mnecting that the vehde was sad). or the person ITIO had care, custodyor co,"i of the vehhde at the lime of the violation Driver's Name' _ Drlver'a Address: CityState ZIP I declare under penalty of perjury ,it,, the limn of this State of Washington that the Information provided In this Declaration is true and correct to the best of my knowledge. Signed this_ day of (month)_(year) at (cly state) Print your name Telephone N—I,ar your street address Coy. State ZIP Return the Completed and signed Declararon Lynnwood Municlpal Court 19321 Oath Ave W Lynnwood, WA 98036 STATEMENT OF DECLARATION FOR HEARING BY MAIL Thu following le my wines statement for my mitigation or contested hearing. PUT—: to IRLJ 3 5(a I(4) there can be, n. appr:rl Irn,- a tletSirn o^ a written statammmt I declare under penalty of ,jury under the laws of the State of Washington that the IMnrm rtion provided! in this declaaion UT true and cor t Io the bast of my knowledge. Dated thls_day of ,2_., (city, state) Signals. NIraai$rawl LYNNWOOD MUNICIPAL COURT Pege3 Hearing Request Form Automstad Traffic S." Canon IOU uUST RESPOND TO T.s iglKE aF INFRAGMIH WRHH THIRTY-THREE 111) all OF ns DATE TTIE HOME WAs YAIFD. wihee nsperrss raaral M alai Ilesmra,esel na rm Mn mdngM m M ssy Or reeaPsae 4 era.. REQUEST FOR HEARINGNm : < Dw.on recalwy • Pea Mecca, Mxb w eassme by r soory ra bale, so* mnrns They m.Dwd b M more oy miw nr renew Thal Ym ,mud t a ine a .umm . 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Lyrwml WA.eaM rM rim. as w nrrra aw PuaP,ip. rtl.r.aa, rl rpT naurryy.aaia in M sore. a . rer amaturedwk.b—. awma—.m l.=rmrmo—'. o-nar. a fa_. wDwaawy am m r a.rmm a 9.+e b i1EYWYY� w .r . con m p .i. . r. >. ., ..• Ts Packet Pg. 734 Info. L LYNNWOOD w A S H I N G T O N City of Lynnwood, WA REVIEW EVIDENCE Print © Photosensitive Warning: Videos may contain flashes of light that may be harmful to those who have photo sensitivities Click on an icon below to view an image or video associated with your violation EOibitA Exhibit License Plate Video clip 0 Frequently Asked Questions 1111Y23, 12 ac : hone ADDITIONAL RESOURCES 4 R � Hearing Request Pay Your Declaration of Non- Form Infraction Responsibility Form Need to talk to someone? Get help by phone. 1-866-790-4111 Monday - Friday between the hours of 5:00 am - 5:00 pm (PST) Please direct email inquiries to Info@Vlolationlnfo.com include your Notice a in your a -mail. Copyright 0 2022 Vero Mobility. MI right: q *r d. P,Nscy Policy I Terms L Conditions I cookies Policy I Accessibility Info -,,n Packet Pg. 735 10.4.e Y*-*n •1 Z / What about School Zones? A. (04IN School Zones In The City • The next document shows the schools within the City. • The schools highlighted in green are the schools currently in the process of getting a camera. • We would have to request the vendor to come out and do a speed study to determine whether that specific school would qualify for a speed camera. • Cameras went up in January • There was 30-day warning period. • Almost 900 warnings were given during that 30-day period • 900 x $130 = $117,000. Five cameras at 5k each = $25,000, assuming highest in city of 2475 citations a month, max cost $24,920 a month, $117,000-$49,920 = $67,080 or I 10.4.e Packet Pg. 737 jx School Zone Times 10.4.e 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 11 B C, H School Zone Times Early Release School Zone Scnocl Address Office Phone Start Time End Time Times Flashing Lights On Off Chase Lake Elementary 21603 84th Ave W 25-431-749 8:40 15:10 11:40 8:10 8:50 15:00 15:30 Edmonds Elementary 1215 Olympic Ave 425-431-7374 3:00 14:30 11:00 7:40 8:10 14:20 14:50 Seavie%v Elementary 8426 188th St. SW 425-431-7383 8:00 14:3C 11:00 7:40 8:10 14:20 14:50 Sherwood Elementary 22901 106th Ave W 425-431-7460 9:20 15:50 11:00 9:00 9:30 15:40 16:10 West ate Elementary 9601 220th St. SW 425-431-7470 8:40 15:10 11:40 8:20 8:90 IL 15:00 15:30 Madrona K-8 9300 236th St. SW 425-431-7979 9:20 15:5C 12:20 9:00 9:30 15:25 16:10 Maplewood K-8 8500 200th St. SW 425-431-7515 9:20 15:50 12:20 9:00 9:30 15:40 16:10 Holy Rosary K-8 770 Aloha St. 425-778-3197 8:10 15:15 Mondays 7:55 8:25 13:30 15:05 15:35 Edmonds-Woodway HS 7600 212th St. SW 425-431-7900 7:20 13:50 10:30 7:00 7:30 13.40 14:10 Scriber Lake HS 23200 100th Ave W 425-431-7270 8:35 14:38 11:32 8:15 8.45 14:28 14:58 Packet Pg. 738 10.4.e End of Presentation "k iiiiillllln Packet Pg. 739 10.4.f Councilmember Dotsch commented she saw something recently about Porchfest and asked about the cost. Ms. McLaughlin answered the intent was to empower residents to do things on their own; Porchfest is an example of how that is working. Councilmember Dotsch asked about the budget for Porchfest. Ms. McLauglin answered there is no funding in 2024 for Porchfest; she believed a nonprofit organization had been formed and it was not City supported except get it to where they are which is very exciting. Councilmember Eck commented whenever that many people come to the City core for 4t1i of July, Porchfest, etc., it increases revenue and results in repeat customers. She asked whether Ms. McLaughlin or Mr. Tatum have considered what that looks like. Ms. McLaughlin answered they have had conversations with downtown retailers relative to those events and the anecdotal answer is yes, it those events boost business. One of the exciting things that came out of reimaging is leveraging those events to advertise other City events. For example, bringing hundreds of people out for a comprehensive plan conversation typically does not happen, but combining that with a music festival or an exciting public event leverages the money that would have been spent on a basic public open house that a fraction of the people would have attended. It is a great way to get money to go further. Councilmember Eck commented she knew of a number of people who made a day of those events with brunch, dinner, shopping. She agreed those events inspire that type of behavior. Councilmember Nand commented as a former Edmonds Chamber of Commerce board member, the City is not responsible for the 4t1i of July, that is put on by the Chamber, although the City helps subsidize it by providing security. There have been issues in the past where the Chamber feels the City takes credit for their events, using their images without permission, etc. For the public's edification, she wanted to clarify the 4' of July is funded by the nonprofit Chamber and has no General Fund impact other than subsidizing it via a police presence to manage crowds. Mayor Rosen declared a brief recess. 10. PRESENTATION 1. RED LIGHT CAMERA PRESENTATION Mayor Rosen reminded this is intended to be a presentation and discussion only, no action will be taken tonight. Police Chief Michelle Bennett explained they were asked to return with more data about red light cameras. Data for 2023 was received two days ago which will be included in this presentation. She reviewed: My Edmonds News o From hiring challenges to Hwy 99 to homelessness, new police chief addresses community questions o Posted: November 22, 2021 o Chief Bennett made it clear that she would like to see traffic cameras at every school crossing; in fact, "I would make all traffic infractions covered by cameras." Traffic issues, she added, are the number -one complaint the city gets. Fair warning. — By Bob Throndsen Using cameras for traffic -related citations tends to lead to less conflict between officers/police department and drivers because a camera states evidence that is hard to argue with versus discretionary decision making by officers which can often lead to anger, disruption and poor relations with the police department Comparable Data o The intersections suggested are the highest volume intersection related accidents in the city. Edmonds City Council Draft Minutes February 20, 2024 Page 19 Packet Pg. 740 10.4.f o Lynnwood, Kent, Lake Forest Park, Renton, Sea-Tac, Seattle have these, and many other agencies (Everett, Bothell) are also looking at them. o The City of Lynnwood is a relevant comparable city. 2022 Annual Automated Traffic Safety Camera Report X 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 Ciy's website. The below data comprises the number of accidents and citations issued at each respective intersection and sch0ot zone where traffic safety cameras are deployed. Intersection Number of Citations 'Numberof Accidents 36a 1 196th St S.W. 6,070 3 4411 / Ald. Mall Blvd. 3,514 8 " 44- / 196r" St S.W. 0 - Under Construction. 6 1841h I Aid. Mall Pkwy 4,728 6 1961° / Aid. Mall Pkwy 14,163 2 Maple / Md. Mall Pkwy 1,900 3 1;" J Hwy 99 2,834 5 1 -1/ 0°sts.W. 5,063 8 " Hwy 99 / 200- St S.W. 1,164 3 School Zone Numberof Citations Numberof Accidents 18200 -18800 BLK 44th Ave West 4,175 1 5500 - 6600 BILK 168th St S.W. 2,660 4 -number or "moena repor—i renea wnisions oaurring wnnm me mcersemon. Lynnwood Cameras: Red Light Camera Accident Reductions - Cameras went live in 2011 ■ 2022 44 Lynnwood Red Light Camera Collisions ■ 2021 36 ■ 2020 29 ■ 2019 11 w ■ 2018 14 „o ■ 2017 20 ■ 2016 80 ■ 2015 92 ■ 2014 83 ■ 2013 111 / ■ 2012 161 ,a • 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 rear -end collisions increased, he stated that they have actually gone down. o Kenmore is adding two cameras this year. o Auburn: Researching their website yesterday, led me to their links about photo enforcement... Reinstating cameras: March 22nd , 2022, adding 6-12 cameras. o Communicated with Redmond Police Lieutenant Julie Beard 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 Chief Ted Boe of Burien PD. Chief Boe 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 are assigned to the city. We have 26 cops to handle 21,000 calls per year. • Accidents and Safety o Edmonds Proposed Pilot Red -Light Camera Program: Collision Data ■ Data for accidents in Edmonds intersections was collected from 2020-2022. Edmonds City Council Draft Minutes February 20, 2024 Page 20 Packet Pg. 741 10.4.f ■ An analysis of collision data was conducted, in addition to gathering input from the officers who investigate many of these collisions. ■ Also considered were officer's observations of high pedestrian areas as well as areas of common citizen complaints. o Accidents: Three Years of Data (2020-2022) Potential Red -Light Camera Intersections (A formula was used to analyze potential intersections based on high traffic volumes and high numbers of accidents.) ■ Highway 99 - Total: 39 accidents - Highway 99, (11* intersection verified) - Average Daily Traffic: 6,000-20,000 cars *there is a percentage of intersection related accidents miscategorized, up to 75% o Six Potential Highway 99 Red -Light Camera Intersections ■ 224th and Highway 99: 12 Accidents, 16,000 cars per day ■ 220th and Highway 99: 11 Accidents, 20,000 cars per day ■ 238th and Highway 99: Five Accidents, 20,000 cars per day ■ 216th and Highway 99: Five Accidents, 20,000 cars per day ■ 228th and Highway 99: Three Accidents, 16,000 cars per day ■ 212th and Highway 99: Two Accidents, 20,000 cars per day o Additional High Accident and Car Volume Intersections (Non -Highway 99) ■ 220th and 76th: 13 Accidents, 12,000 cars per day ■ 212th and 76th: 15 Accidents, 6000 cars per day ■ Highway 104 and 100th: 6 Accidents, 13,000 cars per day Comparison of Daily Intersection Traffic Volumes (high to low) o Verra Mobility Rating (high to low) ■ Column L on spreadsheet represents the number of daily projected violations for that specific movement (based on the running of their algorithm). ■ If all 9 were installed, the total would be 50.4 total per day based on Verra Mobility's algorithm. 50.4 x 30 = 1,512, x 31 = 1,562 violations per month o Highest Rating per Verra Mobility (combined with accidents and Average Per Day Car Volume) ■ 220th and Highway 99: Verra Rating- 5.3 (10 accidents) 20,000 cars per day ■ 238th and Highway 99, Southbound: Verra Rating- 4.72 (five accidents) 20,000 cars ■ 228th and Highway 99: Verra Rating- 4.05 (three accidents) 16,000 cars ■ 212th and 76th Northbound: Verra Rating- 4.08 (15 accidents) 6000 cars ■ 212th and 76th Westbound Verra Rating- 4.06 (15 accidents) 6000 cars ■ 212th and 76th Eastbound Verra Rating- 3.99 (15 accidents) 6000 cars ■ 238th and Highway 99 Northbound: Verra Rating- 3.91 (five accidents) 16,000 cars ■ SR 99 and 216th : Verra Rating- 3.68 (five accidents) 20,000 cars ■ Hwy 104 and 100th Southbound: Verra Rating- 3.5 (six accidents) 13,000 cars ■ Hwy 104 and 100th Northbound: Verra Rating- 3.42 (six accidents) 13,000 cars ■ SR 99 and 224th : Verra Rating- 3.41 (12 accidents) 16,000 cars ■ Hwy 104 and 100th Westbound: Verra Rating- 3.19 (six accidents) 13,000 cars ■ SR 99 and 212th Verra Rating- 3.1 (two accidents) 20,000 cars Pedestrian accidents are another potential danger of intersection related crashes o Analysis from 2020-2022 ■ 220th and HWY 99 = 1 ■ 212th and 76th = 2 ■ SR 104 and 100th = 0 (Recently a homicide at the light at Hwy 104 and the 8800 block, (12 blocks away) Intersection related near pedestrian crash. Academic and Empirical Research o Empirical Research Says: Edmonds City Council Draft Minutes February 20, 2024 Page 21 Packet Pg. 742 10.4.f 9 ■ 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. 13 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. ■ 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. ■ Red-light running at signalized intersections is a significant 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. Recent Article in My Edmonds News: ■ 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. ■ "Law enforcement has really stepped back from enforcing traffic laws," 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 fairly. And we do want to look at technology — cameras don't see race, they don't see gender." ■ Two Pedestrians Struck in Perrinville Neighborhood Sunday Empirical Studies related to Red Light Cameras (Academically based) ■ National Academies of Sciences, Engineering, Medicine ■ Insurance Institute for Highway Safety ■ Safety Evaluation of Red -Light Cameras, Federal Highway Administration ■ National Library of Medicine ■ Journal of Safety Research ■ National Academies - National Academies of Sciences, Engineering, and Medicine - American scientific academy - The National Academies of Sciences, Engineering, and Medicine, also known as the National Academies, is a congressionally chartered organization that serves as the collective scientific national nationalacademies.org - Founder Federal Government of the United States - Headquarters Keck Center • 500 5th Street, NW, Washington, D.C. 20001 - Subsidiaries National Academy of Sciences (NAS) • National Academy of Engineering (NAE) National Academy of Medicine (NAM) - Legal status Congressionally Chartered Nonprofit Organization - Purpose Provide independent, objective advice to inform policy with evidence, spark progress and innovation, and confront challenging issues for the benefit of society. - Location Executive Office National Academy of Sciences Building 2101 Constitution Avenue NW, Washington, DC 20418, United States - Membership Scientists, engineers, and health professionals - The National Academies of Sciences, Engineering, and Medicine - (NASEM), also known as the National Academies, is a congressionally chartered organization that serves as the collective scientific national academy of the United Statesl. These esteemed institutions provide independent, objective advice to inform policy decisions, ignite progress and innovation, and address complex challenges for the betterment of society2. - National Academy of Sciences (NAS): Edmonds City Council Draft Minutes February 20, 2024 Page 22 Packet Pg. 743 10.4.f o Reference in presentation to numerous studies/research o Governor's Highway Safety Association www.ghsa.org @GHSAHQ ■ Pedestrian 2021 PRELIMINARY DATA (January - December) - Automated traffic enforcement (particularly speed enforcement), while controversial, has irrefutably led to reductions in motorist speeds and crashes. A literature review of studies evaluating speed cameras concluded that all studies measuring speed or speeding saw reductions when the cameras were present. 31. Cecilia, W., Charlene, W., Joan, H. K., Le Brocque, R., & Bellamy, N. (2010, November 10). Speed cameras for the prevention of road traffic injuries and deaths. https://doi.org/10.1002/14651858.CDO04607.pub4 32 Sep 9, 2022 — The Washington State Department of Transportation (WSDOT) just released the numbers of pedestrian deaths of 2021, and it has hit a 20-year high. o Pedestrian Fatalities on the Rise in Washington State o Washington State sees a high number of pedestrian fatalities on its roads every year. Even though lawmakers have enacted measures to reduce traffic- related deaths, our numbers have continued to claim. Pedestrians continue to be vulnerable road users, with nothing to protect them from the force of a colliding vehicle How Many Pedestrian Fatalities are There in Washington? o More than 100 pedestrians are killed by motorists every year in Washington State. o However, that does not paint the full picture of the hundreds of additional pedestrians who are struck and seriously injured on our roads. Not to mention, the lives of families and friends impacted by each victim. City researched red light cameras in 2008 o September 19 2008, Everett Herald reported Edmonds approved trial run of red light cameras at Highway 99 & 200', Highway 99 & 238t' St SW and Edmonds Way & 100t' Ave W 2023 data o 2023 Collision Results Month of Year Total Collisions Fatal Collisions Injury Collisions Number of Fatalities Number of Injuries January 48 0 6 0 6 February 45 0 12 0 14 March 43 0 6 0 6 April 43 0 8 0 8 May 49 0 7 0 10 June 52 0 16 0 18 July 41 0 10 0 14 August 51 0 13 0 18 September 55 0 12 0 15 October 49 0 13 0 15 November 41 0 12 0 13 December 44 0 1 5 0 5 Report Totals: 561 0 1 120 0 1 142 o Heat map of accidents: 2023 CC 0 ,4 Edmonds City Council Draft Minutes February 20, 2024 Page 23 Packet Pg. 744 10.4.f o Total accidents by day of the week: 2023 Day of the Week Total Collisions Fatal Collisions In)ury Collisions Number of Fatalities Number of Injuries MONDAY 86 0 19 0 23 TUESDAY 79 0 18 0 22 WEDNESDAY 83 0 11 0 11 THURSDAY 74 0 16 0 20 FRIDAY 103 0 22 0 24 IT DAY 77 0 18 0 21 SUNDAY 59 0 16 0 21 Report Totals: 1 561 0 1 120 1 0 1 242 o 2023 Pedestrian Accidents 1 1 2 3 Total Parking Lots 3 1 4 8 HWY99 0 2 1 3 HWY 104 1 0 0 1 HWY524 0 2 0 2 Downtown 1 0 4 5 Other 1 3 10 14 Total 6 8 19 o 2023 Vehicle vs. Pedestrian accidents 35 30 25 20 1s 10 0 2018 2019 2020 2021 I022 2023 o Intersection related collisions total and location ■ Total of 204 collisions occurred in intersections in 2023. Many intersections that had multiple collisions, but some of the more prevalent locations are as follows: ■ Locations highlighted in red are controlled by traffic signals; locations highlighted in gray are controlled by stop signs (in at least one direction). Further discussion with the City's traffic engineer will be needed to identify if there is an engineering adjustment that can be made for these locations. However, one adjustment that can be made for these locations in red is the implementation of red light cameras. Traffic Sergeant Recommendation o The implementation of red light cameras at specific locations would also help decrease the number of collisions in Edmonds. In addition to decreasing collisions, the cameras would decrease the risky behavior that results in collisions, even in locations where ethe number of collisions is relatively low. The Edmonds PD Traffic Unit will continue working with other Edmonds City Council Draft Minutes February 20, 2024 Page 24 Packet Pg. 745 10.4.f members of the City as well as the Snohomish County Target Zero Task Force to promote vehicle and pedestrian safety. - Sergeant Kraig Strum #2833 Are the costs of the camera offset or will they cost the city additional money? o Verra charges $5000 per camera per month ■ Seven cameras would be $35,000 total per month o Court costs: Monthly 2475 tickets=$17,859 + $5000 (est. cost $24,900 per month) 2475 tickets a month would be 82.5 a day-- 11 per camera, per day. o Court costs: Monthly 1680 tickets $16,722 + $5000 (est. cost $21,700 per month) 1680 tickets per month would be 56 tickets a day-- 8 per camera, per day. o Police costs are currently neutral 0 2,475 tickets per month x $130 average fine = $321,000 ■ $24,900 costs - $262,000 delta in the positive per month - (A year: $3,144,000) 0 1680 tickets per month x $130 average fine=$262,000 ■ $21,700 costs - $229,300 delta in the positive - (A year: $2,751,600) 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 currently conducts pro se infractions hearings on the second and fourth Fridays of the month. ■ These hearings take place from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 2:00 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. o Workload impact assuming (1) 2,475 red light citations per month; and (2) 1,680 red light citations per month. o Assuming 2,475 red light citations each 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 Edmonds Municipal Court conducts each month. o The increase in hearings would require Edmonds Municipal Court to move from infractions being held on two days per month to 13.5 days per month. o Assuming 2,475 citations per month, Edmonds Municipal Court estimates require an additional two to three FTEs. ■ The annual salary of a Court Clerk at Step One 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 the pro tempore judge additional calendars. - This would result in an estimated additional cost of $3,737 per month. o Assuming 2,475 citations per month, Edmonds Municipal Court estimates that its increased monthly costs would be between $17,859 and $24,920 Edmonds City Council Draft Minutes February 20, 2024 Page 25 Packet Pg. 746 10.4.f o Assuming a total of 1,680 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 infractions hearings that Edmonds Municipal Court conducts each month. o The increase in hearings would require Edmonds Municipal Court to move from infractions hearings being held two days per month to 10 days per month. o Additional capacity could 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. o Assuming 1,680 citations per month, Edmonds Municipal Court estimates that the increased Court Clerk workload from red light cameras would require an additional 2 FTEs. Edmonds Municipal Court estimates that its increased monthly costs would be $16,722. What are the impact to Police? o Conservatively, based on conversations with Lynnwood PD, it takes approximately one minute to view 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 sent to the violator includes a picture of the violation, the steps on how to respond to the infraction and hyperlink to view a video of the violation online. ■ The steps on how to respond to the infraction are decided upon by the court. ■ There is a boiler plate narrative from police on each ticket. 0 2,475 tickets per month, divided by 3 tickets a minute, is 825 minutes a month (or 13.75 hours a month). 0 1680 tickets per month, divided by 3 tickets a minute, is 560 minutes a month (or 9.3 hours a month) ■ Traffic Unit indicates 9.3 hours/month is doable within their current work shifts or by offices on light duty Options and Recommendations — Three Potential Recommendations o Option 1 1. 220th and Highway 99: 5.3 (10 accidents) 20,000 cars per day ■ One approach 2. 212th and 76th: 4.08 (15 accidents) 6000 cars per day ■ Three approaches 3. Hwy 104 and 100th: 3.5 (six accidents) 13,000 cars per day ■ Three approaches, Three Intersections 1,680 potential citations o Option 2 ■ Install cameras at 6 Highway 99 intersections and 3 additional high accident intersections, 9 intersections total 1. 224th and Highway 99: 12 Accidents, 16,000 cars per day 2. 220th and Highway 99: 11 Accidents, 20,000 cars per day 3. 238th and Highway 99: Five Accidents, 20,000 cars per day 4. 216th and Highway 99: Five Accidents, 20,000 cars per day 5. 228th and Highway 99: Three Accidents, 16,000 cars per day 6. 212th and Highway 99: Two Accidents, 20,000 cars per day 7. 220th and 76th: 13 Accidents, 12,000 cars per day 8. 212th and 76th: 15 Accidents, 6000 cars per day 9. Highway 104 and 100th: Six Accidents, 13,000 cars per day ■ Nine Intersections 2,475 potential citations o Option 3 ■ Install red-light cameras at three Highway 99 intersections and three non -Highway 99 intersections. Edmonds City Council Draft Minutes February 20, 2024 Page 26 Packet Pg. 747 10.4.f ■ Six intersections: 2,077 potential citations Red Light Cameras Proposal o The proposed red-light camera enforcement systems (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 cameras operational by July, so for the remaining six months of the year they would be functional. o For 2025 and beyond, they would be operational year-round. There is a 30-day warning period. o The proposal is to install red light cameras at determined high accident risk intersections. Assistant Chief Rod Sniffen addressed traffic engineering, explaining Verra Mobility did most the analysis for the school zone cameras; they have many systems operating in Washington State and are very familiar with the RCW and its requirements. They use algorithms and publicly available traffic data to predict what will happen from their systems and make recommendations. That is what was used for installation of the City's five school zone cameras. The algorithms they use are based on similar systems and traffic counts in the area. When he and Traffic Engineer Bertrand Hauss looked at the data, they found Verra was using outdated data that wasn't very accurate and they provided them better traffic counts for many of the locations to assist Verra's analysis. That analysis satisfies the analysis required by state law before the legislative body can enact these legislative programs. Assistant Chief Sniffen continued, Verra takes publicly available data that is published either by the city, state or DOT and their staff gather snapshot in time information using tube counters or sophisticated radar equipment to count cars on the street. That information is used in calculations to predict the number of violations, the flow of cars, etc. Using that data, Verra came up with a number that makes it cost neutral for the jurisdiction to put in red light cameras. If the numbers as a result of their analysis find there is not enough activity to warrant cameras, Verra will not recommend installation of cameras in that location because it will not be cost neutral. Chief Bennett advised Verra will not recommend installation of cameras at an intersection if it does not meet the algorithm in Column L of their analysis which is typically 3 or above before they recommend installation of a camera. The nine locations in Option 2 all have an algorithm above 3. Chief Bennett continued her presentation: • Economic and Geographic Diversity in Edmonds o Economic and Geographic Differences in camera placement ■ Camera violations do not distinguish gender, economic status, race, etc. ■ Most Highway 99 traffic is through traffic travelling through the city to other destinations. ■ Highway 104 and 104th would potentially capture those heading to the ferry or living in the Edmonds Bowl. ■ 212th/220th and 76th captures a more residential area of Edmonds and high school traffic. o Economic Diversity in Edmonds Edmonds City Council Draft Minutes February 20, 2024 Page 27 Packet Pg. 748 10.4.f Income by Location RACUCTXMI(ITY Total MIGNEW MEDIAN MOUSEMOID INCOME nolr U L Census Tract 506 z Census Tract 503 3. Census Tract 502 In 2021, the place with the highest Median Household Income (Total) in Edmonds, WA was Census Tract 506 with a value of $191,250, followed by Census Tract 503 and Census Tract 50Z with respective values of $152,613 and $131.136 The following map shows all of the places in Edmonds, WA colored by their Median Household Income ITotall. Data 1— ��+ Save image Sh_c/C—d Add Dala to Can 5 Openstreewap can--, 0 CAWO Ned- 1- Wd iMa S4091, S69.8k S699k S92.2k 0 592 A S124k081251, 819W0$191k- 2013 2014 2015 2016 201) 2018 2019 2020 —1 Assistant Chief Sniffen added with the school zone speed camera enforcement, the court was adamant that there be methodologies for people who have an inability to pay and those are listed on the citation. There are several options on the citation for violators to petition the court, have hearings and mitigate the cost of the violation. • Citation Information wnat does me otiender aet mine maiir o What the offender sees when they click on the hyperlink Info �~ ADDITIONAL RESOURCES LTNNWOOD City of Lynnwood, WA REVIEW EVIDENCE MEMO ..._..rr •— ..s. r..w w.0 Need to talk to wineone2 30 help by phone. • School Zones in the City o The schools highlighted in green are the schools currently in the process of getting a camera. o We would have to request the vendor to come out and do a speed study to determine whether that specific school would qualify for a speed camera. o Cameras went up in January o There was 30-day warning period. Edmonds City Council Draft Minutes February 20, 2024 Page 28 Packet Pg. 749 10.4.f ■ Almost 900 warnings were given during that 30-day period - 900 x $130 = $117,000. Five cameras at 5k each = $25,000, assuming highest in city of 2475 citations a month, max cost $24,920 a month, $117,000-$49,920 = $67,080 o School Zone Cameras 2 3 a 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 D E F G H School Zone Times School Add—, Office Phone Start Tl me End Time Early Release Times School Zone Flashin t Lights On Off 5- 931-7495 8:40 15:10 11:40 8:10 15:00 8:50 15:30 Edmonds Elementary 1215 Olympic Ave 425.431.7374 M 14:30 11:00 7:40 8:10 14:20 14:50 Seasiew Elementary 8426188th St. SW 425-431-7383 &00 14:30 11:00 7:40 8:10 14:20 14:50 Sherwood Elementa 22901105th Ave W 425-432-7460 920 15:50 11:00 9'00 9:30 15:40 16:10 West ate Ei—nwy 9601 220th St. SW 425-431-7470 8:40 Madmna K-8 9300 236M St. SW 425431.7979 9:20 15:50 12:20 9:00 9:30 15:25 16:10 Maplewood K-8 8500200th St. SW 425.431.7515 9:20 15:50 12:20 9.00 9:30 15:40 16:10 Holy Pose K-8 770 Aloha St. 425-778-3197 8:10 15:15 M 7:55 8:25 13:30 15:05 15:35 St. SW 425d31-7900 7:20 13:50 201.30 7.00 7:30 14:10 13:40 MENWillif Lain HS 1 23200 100th Ave W 425-431-7270 9:35 14:38 1LU 8:15 14:28 8:45 14:58 Councilmember Nand recognized that the police department put a lot of work and effort into this presentation and she appreciated how data driven it was. For the public, she explained this is one potential tool the council is considering to deal with traffic safety issues at targeted busy intersections. During the pandemic, a friend ended up in the hospital with a broken pelvis due to a pedestrian/vehicle conflict on Highway 99. She was very annoyed when the engineering department put in the raised medians because she was worried her car would get scraped, but she noticed people have stopped running across 7 lanes of traffic going 45+ mph on Highway 99. This is very much a policy decision that will come from the leadership of the administration which is the mayor, and the city council. She assured the police department is very neutral in presenting this information. Councilmember Tibbott said he has a lot of questions and will email some of them to staff. If the City were to move forward with red light cameras, one of his desired outcomes would be that the number of citations would decrease over time. He recalled Chief Bennett thought that could happen, but there was no data provided relative to that. Chief Bennett displayed the graph of Lynnwood's red light cameras accident reduction which is the closest comparable. Councilmember Tibbott pointed out that graph is accident reduction; he was talking about a reduction in citations or in other words, more compliance with following the law. Chief Bennett displayed Lynnwood Police Department's comparable data for 2022 that lists the number of citations and offered to provide data for 2023 and previous years. Councilmember Tibbott relayed an experience while driving in Lynnwood toward the mall when he stopped at a red light and someone sped through the intersection, nearly hitting a pedestrian on the other side of the street at a high rate of speed. He was concerned behavior wouldn't change and as the population increases in the area and it takes longer to get around and people look for shortcuts, one of the ways is to run a red light. The second desired outcome would be an increase in the number police officers in other parts of the City versus parked by a red light writing citations. Edmonds City Council Draft Minutes February 20, 2024 Page 29 Packet Pg. 750 10.4.f Chief Bennett assured officers do not spend their time parked at red lights, that is currently not part of their duties. The police department is very busy and short staffed. There are currently ten vacancies and overtime is mandated almost every day to keep up with minimum staffing. She would be surprised if there wasn't a reduction in behavior just based on people knowing there is a red light cameras at an intersection and anticipated the data would bear that out. As Councilmember Nand said, it is one of the tools to reduce red light running. With a multitude of tools such as education, media, driving school presentations, automated traffic enforcement, etc. will assist with that reduction. This is just one method. Chief Bennett continued, having received a red light camera ticket herself, she guaranteed it changed her behavior when approaching a red light. She assumed most reasonable people would be concerned about running red lights or exceeding the speed limit in a school zone once they received a citation. She has not received a school zone camera infraction; she has four children and is very careful in school zones. In her experience, when drivers see the flashing light in school zones, they slow to 20 mph almost all the time. That speed reduction is very important because studies show every mph more increases the likelihood of serious injury or death to a child. Councilmember Eck expressed appreciation for the analysis and statistics which help show a very logical picture. She agreed no decision has not made; it is something for the council to consider. In her view, any injury resulting from someone running a red light is one too many regardless of the seriousness of the injury. Drivers are distracted by phones and there is no shortage of stress in people's lives. From the standpoint of saving planet, people are encouraged to get out of the cars and walk and bike more often which increases the danger. If a driver is following the law, there is nothing to worry about. When she hears the concern that people will not drive through Edmonds due to red light cameras, she does not sense that Lynnwood's red light cameras have been a problem or impacted their revenue. People from all over the region, not just Edmonds residents or residents of specific areas, use the City's roads. Councilmembers are also community members and are prepared to comply with the law related to red lights. Councilmember Eck asked if a community member is driving and complying with all applicable laws, was there any reason for worry if the City implemented red light cameras. Chief Bennett answered no. Every single citation has to be reviewed to ensure the violation actually occurred. When the light turns red, the car has to be all the way past the line in the intersection to be an infraction Assistant Chief Sniffen said one of the criticism of red light cameras programs he hears a lot is the slow roll right turns and when the violation actually occurs. The law states the vehicle has to enter the intersection when the light turns red; if a driver enters the intersection when the light is yellow, it is not violation. That is why there are white lines in all the intersections to show when the violation actually occurred. With regard to not completely stopping before a right turn on red, in discussions with Lynnwood, that has been the most controversial. Edmonds can set the BRQ rules so those violations aren't triggered or set rules for the people doing the reviewing so it doesn't become a lightning rod for the program. The goal is not a gotcha for people not coming to a complete stop before making a right turn; it is to look for egregious violations that are accident causing behavior. Chief Bennett explained the City would have the ability to determine whether a slow right turn roll through a red light was egregious behavior and whether it was something for which a citation would be issued. It is not intended to be a gotcha program, it is to cite people who are blowing red lights, something she has seen happen with increasing regularity while in her personal car but couldn't do anything about it. That is the behavior the red light cameras are trying to address to avoid death and injury. Councilmember Paine asked Chief Bennett to send out the presentation as it contained more data than the presentation in the packet. With regard to a comment from the public, there are engineering things that can be done to help make things safter. One of those is to slow the walk cycle to give pedestrians more time to cross with no cars in the intersection. She asked what the police department has heard from the 900 warnings Edmonds City Council Draft Minutes February 20, 2024 Page 30 Packet Pg. 751 10.4.f that were issued from the school zone cameras, noting that was a lot in one month especially considering the amount of time the cameras are operational. Assistant Chief Sniffen answered the cameras are on for 30 minutes in the morning and afternoon in five school zones. The goal is to change driver behavior. There have been 800 citations issued in the 2% weeks the school zone cameras have been live. The City began issuing citations on February 5 so he was uncertain if any of them had reached the court yet. There was very little feedback from the public from the warnings. An automated system sent out the warnings; infractions have to be reviewed, warnings do not, although most of them were reviewed. Anecdotally he heard some people who received a warning said Edmonds is getting serous. From watching the cameras, he has noticed that traffic has slowed in school zones. Councilmember Paine said the decision process in the presentation was very helpful such as cities who couldn't install red light cameras do due to staffing. Other cities like Redmond didn't install red light cameras due to Microsoft which is a political decision, not a public safety decision. She appreciated the data driven proposal, commenting it is good for everyone to remember there are still a lot of decisions to be made. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER ECK, THAT THIS COME BACK TO CITY COUNCIL FOR A DECISION DURING APRIL WHETHER TO GO WITH ANY OF THE OPTIONS OR GO WITH RED LIGHT CAMERAS AT ALL. Councilmember Paine commented this is the third presentation; there was one in February when the ordinance was prepared and in November where more information was provided and now the City has some experience with the school zone cameras. For planning and workload purposes, a decision needs to be made regarding whether to proceed with red light cameras and April would be a good timeline to do that. Council President Olson commented this was intended to be a presentation today. Although she acknowledged parliamentary procedures allow the council to take action at any time, she will vote no on the motion in the spirit of this being a presentation. Council will have further discussions and at some point will need to make a decision whether or not to move forward. Councilmember Nand said Councilmember Paine's motion was premature. Red light cameras in Edmonds would require an ordinance or an amendment to the school zone camera ordinance. There still needs to be discussions about funding the studies and the General Fund impacts from the additional FTEs. She felt attempting to rush this through when the school zones cameras were just installed and the community was getting used to them would be unfortunate. As the council contemplates making this major change, there needs to be 100% transparency with the public and appropriate outreach and community engagement which is not the police department's job, it is the council's job because this is a political decision. She will also vote against the motion. Councilmember Paine commented there is an ordinance in place, the one she sent around earlier today also allows for traffic enforcement via red light cameras and the studies are already authorized via that ordinance. Councilmember Dotsch said in reviewing the ordinance she did not believe it allowed for red light cameras as that was a totally separate issue than school zone cameras. This is her first bite at the apple as a councilmember regarding red light cameras and she has a lot of questions that have not yet been answered. She will vote no on the motion as this was intended to be information only. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS ECK, CHEN AND PAINE VOTING YES; COUNCILMEMBERS TIBBOTT, DOTSCH, AND NAND AND COUNCIL PRESIDENT OLSON VOTING NO. Edmonds City Council Draft Minutes February 20, 2024 Page 31 Packet Pg. 752 10.4.f Council President Olson explained this was brought back by council for discussion, not by the administration or police department staff. She thanked the police department staff for being responsive to her request for a presentation. For the public who may not have been following the issue in November, she referred to the November 14, 2023 minutes that include a vote on red light cameras She quoted from the minutes, "Councilmember Teitzel moved, seconded by Councilmember Buckshnis, to deny decision package 7, red light cameras, at this time and reconsider in 2024." The minutes reflect that several councilmembers explicitly stated they wanted to come back and study red light cameras outside the construct of the budget. That is the reason for this presentation and she thanked police department staff for the data they provided. is. For residents who said they have found information in the media saying red light cameras don't help, she acknowledged support for any position on any subject can be found on the internet and in the media. The sources provided by the police department were very carefully vetted and used source data and peer reviewed articles that support the value of red light cameras. Council President Olson continued, whether there are other ways to achieve the same values can be discussed, but in full transparency, there are several realities, one of which is an increased in reckless driving since the pandemic which she has noticed even on her street. There is also less police enforcement, whether due to a decrease in staffing, increase in violent crimes that keeps officers otherwise occupied, changes in philosophy about the police's engagement with the public, etc. Another reality is the City has some serious financial woes and there is probably a net positive from implementing red light cameras. It is unlikely the City can get out of its financial difficulties by just cutting expenses, there will need to be ways to generate revenue. To the extent the council can deal with some of the problems, such as reckless driving, in a way that helps with public safety as well as addresses the revenue situation in a net positive way is certainly something the council needs to consider as an option. Some people have said red light cameras are not a deterrent; however, she drives very differently than she did before she got pulled over for speeding and received a red light cameras citation. Council President Olson referred to Olympic View Drive, an area with reckless driving, recalling that was not one of the options for a speed camera or red light cameras. Chief Bennett answered Edmonds Elementary is near Olympic View Drive so a school zone camera was something the traffic sergeant believed was implementable. An analysis would need to be done to determine if there are speeding issues. Council President Olson commented that may not be the segment of Olympic View Drive where the fastest speeds are occurring, but if a school zone camera would improve safety for the students, it may be of interest. With higher density comes more pedestrians and near misses don't show up in the data. She applauded the information provided and hoped residents who are so sure the cameras are not needed for a public safety reason would take time to read the presentation which she found very helpful and enlightening. Councilmember Chen expressed appreciation for the studies, data and evidence to support public safety. He agreed his behavior also changed after getting a ticket in Lynnwood. The presentation mentioned red light cameras were studied in 2008 and the same 3 intersections identified then were identified in 2023/2024 so this is nothing new. The council needs to make a decision that will save lives and reduce accidents. The cameras can be studied for another 20-30 years, but lives are being lost and accidents are happening. The council needs to make decision and not wait another 10 years. There is plenty of evidence that red light cameras will improve public safety. He encouraged the council and the public to think about what if the person hit in a red light accident was their family member. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO EXTEND TO 10:15. MOTION CARRIED UNANIMOUSLY. Councilmember Nand said she was glad Councilmembers Paine, Olson and Chen raised the policy part of discussion. It is a happy accident that the presentation from Ms. Kyle regarding the Snohomish County Public Defenders Association and the amount of privilege and barriers to access to justice for low income, immigrant populations, and people with disabilities and vulnerabilities was also tonight. She cautioned the Edmonds City Council Draft Minutes February 20, 2024 Page 32 Packet Pg. 753 10.4.f council to think about the privilege it requires to be able to take off time in the middle of a work day to go to court and face a judge and prosecutor to contest a ticket. She knew people whose income is over $ 1 00,000/year with college educations who speak English as a first language who have done it; not a lot of people who have to work 40+ hours/week who speak English as a second language or might have trauma or issues of intimidation going to court will do it. This is a policy discussion that needs to occur between politicians that should not involve the police department or courts. She encouraged the council when sharing their personal stories about paying a ticket and it being what they spent on a dinner to consider that that is not the reality for a lot of people who would be affected by this proposal. Councilmember Dotsch relayed in researching 2008, she learned cameras were set up and it was determined it would not have been worth the money to install them. To her, school zone cameras and red light cameras are two totally different things; school zones cameras are universally accepted by the community as necessary to keep kids safe. In looking at the numbers, there is no comparison of the accidents at red lights, stop signs or no traffic control. The data needs to be objective; when driving around Edmonds, she routinely sees drivers running stop signs including a van that ran the stop sign at Dayton & 5' today. She travels 220' a lot; in the data provided regarding the number of vehicles and the number of accidents, it would be 1 accident for every 2.19 million car trips, and Hwy 104 & 100t' would be 1 accident for every 2.37 million car trips. She was trying to understand if the effort and time, especially the police's time when there is such limited staffing, is best used to review red light cameras citations. Councilmember Dotsch referred to the signal at 220' & Highway 99 heading east, at 9:30 a.m. today, the left turn to go north on Highway 99 let 3 cars through and the 4' car ran the light. She referred to an automated enforcement checklist she shared today that was produced by Advocates for Highway and Auto Safety, the Governor's Highway Safety Association, National Safety Council, and AAA that states successful programs are transparent and have a strong public information component. She advocated for more engagement with the public regarding red light cameras and the location of cameras. She referred to the intersection comparisons which do not reflect what is happening two blocks away where there isn't a red light cameras. The safety groups caution against comparing the same intersections and data because it does not indicate whether there is an overall reduction. With regard to speeding in school zones, she said it would be interesting to know if speeds are decreasing there as well. Councilmember Dotsch suggested considering how to engage with the public before making a decision on red light cameras. It may be worthwhile to consider the timing of signals and whether it is appropriate for the volume of traffic; signals that only let a limited number of cars through may motivate drivers to run the red light. She asked if that was reviewed as part of this proposal, something that the safety group's checklist recommended. Chief Bennett said most of the studies Councilmember Dotsch cited were the same ones she cited in her presentation. The safety group's recommendation follows Verra's program including media piece, identification, doing research, etc. Community engagement is important such as was done with the school zone cameras. Traffic engineers can consider timing of signals; they utilize an algorithm and methodology for signal timing as there are a lot of factors in determining signal timing. Even if someone gets delayed at a signal, it does not give them the right to run the red light because the other direction then has a green light and running the red light can result in a T-bone accident that often results in major injuries. Assistant Chief Sniffen agreed the proposal went through a lot of the same steps cited by the safety group. There was engagement done regarding the school zone cameras and agreed the engagement the safety groups recommended such as stakeholder groups would be a good step. With regard to timing of the signals, engineering would need to be involved due to the number of inputs that determine timing. Chief Bennett commented on the importance of an advisory group having a diverse set of opinions including schools, law enforcement, fire department, etc. She was not opposed to an advisory group as long as it was well balanced with a variety of stakeholders including the court. The data she received for 2020-2022 did not have a lot of depth and breadth to it. The 2023 data does identify actual intersection related collisions; at 220t' & Highway 99, there were 13 in 2023. She referred to the intersection related collisions total and location for Edmonds City Council Draft Minutes February 20, 2024 Page 33 Packet Pg. 754 10.4.f 2023, indicating the ones in gray are stop sign controlled intersections, the intersections in red are signal controlled intersections. Information will continue to be tracked through 2024; it is really important to be transparent and communicate with the community about the numbers as it should not be a program that is implemented without due process and transparency. Councilmember Dotsch asked if those accidents were all the result of running the red light or just accidents that happened at the intersection. Chief Bennett answered the accidents are intersection -related. Councilmember Dotsch said she was surprised to see how many one car accidents there were. As there are are now U turns on Highway 99; Councilmember Dotsch asked if the red light cameras would catch those. Chief Bennett answered if the light is still green or yellow when the vehicle enters the intersection, it is not a violation. Assistant Chief Sniffen said the camera takes a series of three photographs as the car moves through the intersection. Councilmember Eck commented as the council discusses this over the next few weeks or months, she encouraged councilmembers to look at the logic and the statistics and keep in mind this is about empathy and caring for our family members, neighbors, and community members and not having one person injured. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO EXTEND TO 10:23. UPON ROLL CALL, MOTION FAILED (4-3) FOR LACK OF A SUPER MAJORITY, COUNCILMEMBERS ECK, PAINE, AND NAND AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS CHEN, TIBBOTT AND DOTSCH VOTING NO. 11. MAYOR'S COMMENTS Mayor Rosen had no comments. 12. COUNCIL COMMENTS Councilmember Eck acknowledged February is Black History Month. It is a tradition that started in the Jim Crow era and was officially recognized in 1976 as part of the national bicentennial celebration. It aims to honor the contributions that African Americans have made and to recognize their sacrifices. It is an important recognition to pause and take note of. Councilmember Paine expressed appreciation for the conversation about red light cameras. She pointed out driver's ed is no longer taught in schools so there are at least 20 years' worth of students who if they did not receive driver training through a private vendor, no longer get it in school which is something to consider in the driving mishaps that occur. Council President Olson expressed her extreme appreciation to Snohomish County for the wonderful, supportive grant they provided for parks and open space. Councilmember Nand acknowledged the loss of Alexei Navalny on February 16, the leader of the opposition to Vladimir Putin and his murderous regime. This is a great loss for the opportunity for peace, democracy, and government accountability in Russia. She is making these comments due to disturbing pro- Putin comments she has seen in local Facebook groups. ADJOURNMENT With no further business, the council meeting was adjourned at 10:14 pm. Edmonds City Council Draft Minutes February 20, 2024 Page 34 Packet Pg. 755 10.4. g November 6, 2023 SLS Report Name SLS Request Type Option N SLS Stage Name 1 2 3 4 Average Daily Traffic Year ADT Count SLS Approval Value Updated AADT Data ADT Source URL Constructable WAEDM Red Light 1 Complete NB SR 99 / Pacific Hwy @ 220th St SW 20,000 2022 3.71 Provided by City Yes WAEDM Red Light 1 Complete SB SR 99 / Pacific Hwy @ 220th St SW 20,000 2022 3.83 Provided by City Yes WAEDM Red Light 1 Complete EB 220th St SW @ SR 99 / Pacific Hwy F 'r I' 70 11,000 2022 5.3 Provided by City Yes WAEDM Red Light 1 Complete WB 220th St SW @ SR 99 / Pacific Hwy F 14,000 2022 2.85 Provided by City Yes WAEDM Red Light N/A Not Constructible NB 76th Ave W @ 220th St SW 2,500 2022 N/A N/A No WAEDM Red Light 1 Complete SB 76th Ave W @ 220th St SW 6,000 2022 2.85 Provided by City Yes WAEDM Red Light 1 Complete EB 220th St SW @ 76th Ave W F'I` 'ram 12,000 2022 2.91 Provided by City Yes WAEDM Red Light N/A Not Constructible WB 76th Ave W @ 220th St SW 4 14,000 2022 N/A N/A No WAEDM Red Light 1 Complete NB 100th Ave / 9th Ave S @ Elm Way / 200th St SW 4 8,000 2022 2.81 Provided by City Yes WAEDM Red Light 1 Complete SB 100th Ave / 9th Ave S @ Elm Way / 200th St SW F 'ram 8,000 2022 2.69 Provided by City Yes WAEDM Red Light N/A Not Constructible EB Elm Way / 200th St SW @ 100th Ave / 9th Ave S F'I` 1,500 2022 N/A N/A No WAEDM Red Light N/A Not Constructible WB Elm Way / 200th St SW @ 100th Ave / 9th Ave S F'i` 4 4,000 2022 N/A N/A No WAEDM Red Light 1 Complete NB 76th Ave W @ 212th Street SW F 'r 6,000 2022 4.08 Provided by City Yes WAEDM Red Light N/A Not Constructible SB 76th Ave W @ 212th Street SW F T 6,000 2022 N/A N/A No WAEDM Red Light 1 Complete EB 212th Street SW @ 76th Ave W 4 61000 2022 3.99 Provided by City Yes WAEDM Red Light 1 Complete WB 212th Street SW @ 76th Ave W F 'j` 4 6,000 2022 4.06 Provided by City Yes WAEDM Red Light 1 Complete NB Hwy 104 @ 100th Ave W F 13,000 2022 3.42 Provided by City Yes WAEDM Red Light 1 Complete SB Hwy 104 @ 100th Ave W 4 12,000 2022 3.5 Provided by City Yes WAEDM Red Light 1 Complete EB 100th Ave W @ Hwy 104 12,000 2022 3.46 Provided by City Yes WAEDM Red Light 1 Complete WB 100th Ave W @ Hwy 104 F T T4 13,000 2022 3.19 Provided by City Conditional WAEDM Red Light 1 Complete SB Pacific Hwy / SR 99 @ 212th St SW F T T 4 20,000 2022 3.1 Provided by City Yes WAEDM Red Light 1 Complete EB 212th St SW @ Pacific Hwy / SR 99 4 6,000 2022 2.52 Provided by City Yes WAEDM Red Light 1 Complete SB Pacific Hwy / SR 99 @ 216th St SW F 'j` 'j` 20,000 2022 3.63 Provided by City Yes WAEDM Red Light 1 Complete EB 216th St SW @ Pacific Hwy / SR 99 4 3,200 2023 2.38 Provided by City Yes WAEDM Red Light 1 Complete NB Pacific Hwy / SR 99 @ 224th St SW F T 16,000 2022 3.41 Provided by City Yes .N _ Q 0 r ca 0 0 J L E M U d U) L a� _ a 0 Q _ 0 0 0 W a� Q: 0 a m W N J U) M N O N L E 0 z w _ m t Q Packet Pg. 756 10.4. g WAEDM Red Light 1 Complete SB Pacific Hwy / SR 99 @ 224th St. SW F 'j` 16,000 2022 2.52 Provided by City Yes WAEDM Red Light 1 Complete EB 224th St @ SW Pacific Hwy / SR 99 F'r N/A (don't have data for that ar N/A 3.82 N/A Yes WAEDM Red Light 1 Complete WB 224th St @ SW Pacific Hwy / SR 99 F'j` 3,200 2023 2.66 Provided by City Yes WAEDM Red Light 1 Complete NB SW Pacific Hwy / SR 99 @ 228th St SW F 'r 'j` 16,000 2022 4.05 Provided by City Yes WAEDM Red Light 1 Complete SB SW Pacific Hwy / SR 99 @ 228th St SW F 'r 'j` 16,000 2022 2.53 Provided by City Yes WAEDM Red Light N/A Not Constructible EB 228th St SW @ SW Pacific Hwy / SR 99 2,000 2023 N/A Provided by City No WAEDM Red Light 1 Complete WB 228th St SW @ SW Pacific Hwy / SR 99 2,500 2023 2.73 Provided by City Yes WAEDM Red Light 1 Complete NB SW Pacific Hwy / SR 99 @ 238th St SW F 'j` 'j` 20,000 2022 3.91 Provided by City Yes WAEDM Red Light 1 Complete SB SW Pacific Hwy / SR 99 @ 238th St SW F 'j` 'j` 4 20,000 2022 4.72 Provided by City Yes WAEDM Red Light 1 Complete EB 238th St SW @ SW Pacific Hwy / SR 99 <- �' 1,500 2023 0.73 Provided by City Yes WAEDM iRed Light I 1 Complete JWB 238th St SW @ SW Pacific Hwy / SR 99 1 F'r-> I 1 1 700 1 2023 1 1.591 Provided by City IYes in (SR_104 @ Dayton: State Intersection / Hwy 99 @ 244th: City of Shoreline) Shared intersction between City of Edmonds and City of Lynnwood (Lynnwood owns the east side of intersection) Packet Pg. 757 10.4.g Constructability Comments 20' slanted stop bar seperation between L1 and 4; Single pole rear radar in range on shoulder after driveway, about 100' from the bottom of the slanted stop bar to capture L1 thru 4; 27' slanted stop bar seperation between L1 and 4; Single pole rear radar in range on shoulder after driveway, about 100' from the bottom of the slanted stop bar to capture L1 thru 4; 16' slanted stop bar seperation between L1 and 3; Single pole rear radar in range on shoulder after utility pole, about 100' from the bottom of the slanted stop bar to capture L1 thru 3; 20' slanted stop bar seperation between L1 and 3; Approach is uphill, about 9% incline; System placement limitation due to curve and obstruction from utility pole near stop bar driveway, unable to capture RT; Single pole rear radar in range on shoulder after utility pole, about 100' from the bottom of the slanted stop bar to capture L1 thru 3, LT & ST only; System placement issue, no ADA Clearance; Single pole rear radar in range on shoulder before utility pole, about 92' from the L2 stop bar to capture L1 & 2; Single pole rear radar in range on shoulder before utility pole, about 95' from the stop bar to capture L1 & 2; System placement issue due to obstruction from utility poles; other utilities in area; Single pole rear radar in range on shoulder before utility pole, about 95' from stop bar to capture L1 & 2; Single pole rear radar in range on shoulder before storm drain, about 95' from stop bar to capture L1 & 2; Do not recommend, no ROW, curved road, approach is on a high slope; Do not recommend, >4' ADA clearance; Utilities in area Single pole rear radar in range on shoulder before before light pole, about 95' from stop bar to capture L1 thru 3; System placement issue, not within recommended placement due to driveway and underground utilities; Single pole rear radar in range on shoulder after, about 122' from stop bar to capture L1 thru 3; Single pole rear radar in range on shoulder after driveway, about 125' from stop bar to capture L1 thru 3; At min distance from stop bar; Single pole rear radar in range on shoulder before storm drain, about 100' from stop bar to capture L1 & 2; Single pole rear radar in range on shoulder before driveway, about 122' from stop bar to capture L1 thru 3; Slightly curved approach; Single pole rear radar in range on shoulder, about 100' from stop bar to capture L1 thru 3; Conditional, Major tree trim; Tree on shoulder obstructing traffic signal; Underground utilities in area; Single pole rear radar in range on shoulder, about 100' from stop bar to capture L1 thru 3; 16' slanted stop bar Single pole rear radar in range on shoulder after driveway to capture L1 thru 4; Single pole rear radar in range on shoulder about 100' from stop bar to capture L1 & 2; 22' slanted stop bar; Single pole rear radar in range on shoulder to capture L1 thru 4; Single pole rear radar in range on shoulder after driveway to capture L1 & 2; 23' slanted stop bar; System placement limitation due to driveway, Unable to capture LT lane; Single pole rear radar in range on shoulder, about 102' from stop bar to capture L2 thru 4; Possible tree trim N .y 21 c a c 0 0 0 J M a� M U T 0 L a� c a 0 a c 0 :r 0 0 a� 0 0_ d CO J Cn M N O N W m E am 0 z c d z U 0 r Q Packet Pg. 758 10.4.g 20' slanted stop bar; System placement limitation due to driveway, unable to capture RT lane 4; At max distance; Single pole rear radar in range on shoulder right after driveway/before storm drain, about 117' from bottom of LT stop bar to capture L1 thru 3; Goo le earth shows vehicles parked on ROW; No ROW on shoulder; Recommend single pole rear radar on opposite side after driveway, about 100' from the stop bar to capture L1 & 2; 22' slanted stop bar; Single pole rear radar on shoulder after storm drain / before driveway, about 120 from top of the stop bar to capture L1 thru 4; 20mm ANPR required; At max distance; 21' slanted stop bar; Unable to capture RT lane 4 due to driveway; Single pole rear radar in range on shoulder right after driveway/before storm drain to capture L1 thru 3; System placement issue due to driveway; Single pole rear radar in range on shoulder about 100' from bottom of the stop bar to capture L1 & 2; 27' slanted stop bar/stop bar seperation; Single pole rear radar in range on shoulder, about 93' from LT stop bar to capture L1 thru 4; 20mm ANPR required; 17' slanted stop bar; Single pole rear radar in range on shoulder about 100' from bottom of the stop bar to capture L1 thru 4; 20mm ANPR required; Bus stop on shoulder; Yielding RT lane 2; single pole rear radar in range on shoulder after bus stop, about 115' from stop bar to capture L1; Single pole rear radar in range on shoulder after driveway, about 110' from stop bar to capture L1; N .1 0 c Q c O O J M a� E M U r JT L a� c r a O a c O :r 0 a� O a d U) J N M N O N W i d E d O Z C N E t ct R r r Q Packet Pg. 759 10.4. h Collision Report Secondary Intersection Weather Damage Hit and Motor Vehicles Passengers Commercial School Bus Pedestrians Pedalcyclists Number Collision Date County City Jurisdiction Agency Primary Trafficway Trafficway Block Number Related Condition Lighting Condition Injury Severity Object Struck Threshold Met Run Involved Involved Carrier Involved Involved Involved Involved EA01404 1/1/2020 18:23 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 224TH ST SW 22400 Y Raining Dark -Street Lights On Minor Injury Collision Y N 2 Y N N 0 0 EA17398 2/22/2020 21:58 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 220TH ST SW 22000 Y Raining Dark -Street Lights On Minor Injury Collision Y N 2 N N N 0 0 EA20495 3/3/2020 17:36 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 220TH ST SW 22000 Y Clear Daylight Minor Injury Collision Y N 1 Y N N 1 0 EA21722 3/8/2020 13:12 Snohomish Edmonds State Road Municipal/City Police HWY 99 238TH ST SW 23700 Y Overcast Daylight Minor Injury Collision N N 1 N N N 1 0 EA30525 4/17/2020 14:53 Snohomish Lynnwood State Road State Patrol SR 99 228TH ST SW 22800 Y Clear Daylight No Injury Collision Y N 2 Y N N 0 0 EA61800 9/6/2020 23:00 Snohomish Edmonds State Road Municipal/City Police SR 99 244TH ST SW 24400 Y Clear Dark -Street Lights On No Injury Collision Y N 2 N N N 0 0 EA63049 9/8/2020 14:48 Snohomish Edmonds State Road Municipal/City Police HWY 99 224TH ST SW 22400 Y Clear Daylight No Injury Collision Y Y 2 Y N N 0 0 EA68779 10/2/2020 22:28 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 238TH ST SW 23800 Y Clear Dark -Street Lights On No Injury Collision NONE Y N 2 Y N N 0 0 EA76826 10/31/2020 13:22 Snohomish Edmonds State Road Municipal/City Police HWY 99 216TH ST SW 21600 Y Clear Daylight No Injury Collision Y N 2 Y N N 0 0 EA82349 11/18/2020 8:50 Snohomish Edmonds State Road Municipal/City Police HWY 99 224 ST SW 22400 Y Raining Daylight Minor Injury Collision Metal Utility Box Y N 3 Y N N 0 0 EA86389 12/3/2020 9:20 Snohomish Edmonds State Road Municipal/City Police SR 99 216TH ST SW 21600 Y Clear Daylight No Injury Collision Y N 2 N N N 0 0 EB09806 2/26/2021 16:34 Snohomish Edmonds State Road Municipal/City Police HWY 99 224TH ST SW 22300 N Y Overcast Daylight No Injury Collision Y N 2 Y N N 0 0 EB10820 3/2/2021 13:48 Snohomish Edmonds State Road Municipal/City Police SR 99 216TH ST SW 21600 N Y Clear Daylight Ainor Injury Collisio Y N 2 Y N N 0 0 EB13203 3/10/2021 15:36 Snohomish Edmonds State Road Municipal/City Police SR 99 244TH ST SW 24400 N Y Clear Daylight No Injury Collision Y N 2 Y N N 0 0 EB14597 3/17/2021 13:42 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 220TH ST SW 22000 N Y Clear Daylight No Injury Collision Y N 2 N Y N 0 0 EB18605 4/1/2021 16:30 Snohomish Edmonds State Road Municipal/City Police HWY 99 220TH ST SW 21900 N Y Clear Daylight No Injury Collision Y Y 2 Y N N 0 0 EB33976 5/27/2021 15:30 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 238TH ST SW 23800 N Y Raining Daylight No Injury Collision Y N 2 N N N 0 0 EB63582 9/1/2021 17:55 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 220TH ST SW 22000 N Y Clear Daylight No Injury Collision N N 2 Y N N 0 0 EB69371 9/19/2021 17:25 Snohomish Edmonds State Road Municipal/City Police HWY 99 236TH ST SW 23600 N Y Overcast Daylight Ainor Injury Collisio N N 1 Y N N 0 1 EB80909 10/17/2021 21:18 Snohomish Edmonds State Road Municipal/City Police HWY 99 220 ST SW 21900 N Y Raining Dark -Street Lights On No Injury Collision Y Y 2 N N N 0 0 EB81118 10/24/2021 2:27 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 220TH ST SW 21900 N Y Clear Dark -Street Lights On Ainor Injury Collisio Y N 2 N N N 0 0 EB83111 10/28/2021 20:54 Snohomish Edmonds State Road Municipal/City Police SR 99 228TH ST SW 22800 N Y Raining Dark -Street Lights On No Injury Collision N N 2 N N N 0 0 EB98477 12/2/2021 19:14 Snohomish Edmonds State Road Municipal/City Police HWY 99 224 ST SW 22400 N Y Clear Dark -Street Lights On No Injury Collision Y Y 2 N N N 0 0 EC14225 1/22/2022 15:36 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 224TH ST SW 22400 N Y Clear Daylight Ainor Injury Collisio Y N 2 Y N N 0 0 EC16976 2/2/2022 0:57 Snohomish Edmonds State Road Municipal/City Police SR 99 216TH ST SW 21600 N Y Clear Dark -Street Lights On Ainor Injury Collisio Y N 2 Y N N 0 0 EC20595 2/14/2022 6:30 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 244TH ST SW 24400 N Y Overcast Dark -Street Lights On Ainor Injury Collisio Y N 2 N N N 0 0 EC20173 2/14/2022 11:48 Snohomish Edmonds State Road Municipal/City Police HWY 99 224TH ST SW 22400 N Y Clear Daylight Ainor Injury Collisio Y N 1 N N N 0 1 EC21933 2/20/2022 22:50 Snohomish Edmonds State Road Municipal/City Police HWY 99 238TH ST SW 23800 N Y Clear Dark -Street Lights On No Injury Collision Y N 2 N N N 0 0 EC45462 5/10/2022 16:40 Snohomish Edmonds State Road Municipal/City Police SR-99 224TH ST SW 22400 N Y Clear Daylight No Injury Collision Y Y 2 N N N 0 0 EC51868 6/2/2022 21:16 Snohomish Edmonds State Road Municipal/City Police HWY 99 220 ST SW 21900 N Y Clear Dark -Street Lights On Ainor Injury Collisio Y N 3 Y N N 0 0 EC54781 6/10/2022 13:36 Snohomish Edmonds State Road Municipal/City Police HWY 99 224TH ST SW 22400 N Y Overcast Daylight No Injury Collision Y N 3 N N N 0 0 EC59118 6/23/2022 18:30 Snohomish Edmonds State Road Municipal/City Police HWY 99 220TH ST SW 22000 N Y Clear Daylight No Injury Collision Y N 2 Y N N 0 0 EC70496 8/3/2022 6:31 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 212TH ST SW 21200 N Y Clear Daylight No Injury Collision Y N 2 Y N N 0 0 EC82621 9/10/2022 20:56 Snohomish Edmonds State Road Municipal/City Police HWY 99 228TH ST SW 22800 N Y Fog or Smog or Smoke Dark -Street Lights On Ainor Injury Collisio Y N 2 Y N N 0 0 EC84480 9/15/2022 18:16 Snohomish Edmonds State Road Municipal/City Police HWY 99 212TH ST SW 21200 N Y Clear Daylight known Injury Collis) Y Y 1 N N N 0 0 EC98425 10/29/2022 22:11 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 224TH ST SW 22400 N Y Clear Dark -Street Lights On No Injury Collision Y N 2 Y N N 0 0 ED10622 12/2/2022 23:37 Snohomish Edmonds State Road Municipal/City Police HWY 99 224TH ST SW 22400 N Y Snowing Dark -Street Lights On Ainor Injury Collisio Y Y 2 Y N N 0 0 ED13020 12/10/2022 6:35 Snohomish Edmonds State Road Municipal/City Police HWY 99 224 ST SW 22300 N Y Raining Dark -Street Lights On Ainor Injury Collisio Y N 2 N N N 0 0 ED18246 12/24/2022 19:42 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 220TH ST SW 22000 N Y Clear Dark -Street Lights On No Injury Collision Y N 2 N N N 0 0 Packet Pg. 760 10.4.h Collision Report Number EA15884 EA21441 EA55371 EA61190 EA23427 EA12363 EA14906 EA88314 EA92026 EB06244 EB23743 EC63100 Collision Date 2/5/2020 14:10 3/6/2020 19:29 8/14/2020 15:00 9/3/2020 20:26 3/12/2020 10:45 2/4/2020 17:52 2/14/2020 12:48 12/9/2020 17:25 12/21/2020 16:40 2/14/2021 19:40 4/20/2021 16:15 7/10/2022 21:36 County City Jurisdiction Snohomish Edmonds City Street Snohomish Edmonds City Street Snohomish Edmonds City Street Snohomish Edmonds City Street Snohomish Edmonds City Street Snohomish Edmonds City Street Snohomish Edmonds City Street Snohomish Edmonds City Street Snohomish Edmonds City Street Snohomish Edmonds City Street Snohomish Edmonds City Street Snohomish Edmonds City Street Agency Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Primary Trafficway 220TH ST SW 220TH ST SW 220TH ST SW 220 ST SW 76 AVE W 76TH AVE W 76TH AVE W 76TH AVE W 76TH AVE W 76TH AVE W 220TH ST SW 220TH ST SW Damage Commercial Secondary Intersection Threshold Hit and Motor Vehicles Passengers Carrier School Bus Pedestrians Pedalcyclists Trafficway Block Number School Zone Related Weather Condition Lighting Condition Injury Severity Met Run Involved Involved Involved Involved Involved Involved 76TH AVE W 7500 N Y Clear Daylight Minor Injury Collision Y Y 2 N N N 0 0 76TH AVE W N Y Clear Dark -Street Lights On No Injury Collision Y N 3 N N N 0 0 76TH AVE W N Y Clear Daylight No Injury Collision N N 2 Y N N 0 0 76 AVE W 7600 N Y Clear Dark -Street Lights On No Injury Collision Y Y 2 N N N 0 0 220 ST SW 22000 N Y Overcast Daylight No Injury Collision Y N 3 N N N 0 0 220TH ST SW 21900 N Y Raining Dark -Street Lights On No Injury Collision Y N 2 N N N 0 0 220TH ST SW 22000 N Y Clear Daylight No Injury Collision Y N 2 Y N N 0 0 220TH ST SW 2200 N Y Overcast Dark -Street Lights On No Injury Collision Y N 2 N N N 0 0 220TH ST SW N Y Raining Dark -Street Lights On No Injury Collision Y N 2 N N N 0 0 220TH ST SW N Y et or Hail or Freezing R Dark -Street Lights On No Injury Collision Y Y 2 N N N 0 0 76TH AVE W N Y Clear Daylight No Injury Collision Y N 2 N N N 0 0 76TH AVE W 7600 N Y Clear Dusk No Injury Collision Y N 2 N N N 0 0 Packet Pg. 761 10.4. h Collision Report Secondary Block School Intersection Number Collision Date County City Jurisdiction Agency Primary Trafficway Trafficway Number Zone Related EA45963 7/5/2020 4:05 Snohomish Edmonds City Street Municipal/City Police 9TH AVE S 220TH ST SW N Y EB18852 4/2/2021 20:50 Snohomish Edmonds City Street Municipal/City Police 220TH ST SW 100TH AVE W 9900 N Y EB24518 4/23/2021 15:42 Snohomish Edmonds City Street Municipal/City Police 100TH AVE W 220TH ST SW N Y EB48665 7/14/2021 15:40 Snohomish Edmonds City Street Municipal/City Police 9TH AVE S 220TH ST SW N Y EB83491 10/28/2021 18:44 Snohomish Edmonds City Street Municipal/City Police 220TH ST SW 100TH AVE W 9900 N Y EC75696 8/19/2022 8:28 Snohomish Edmonds City Street Municipal/City Police 100TH AVE W 220TH ST SW N Y ED01006 11/4/2022 18:40 Snohomish Edmonds City Street Municipal/City Police 9TH AVE S 220TH ST SW 22000 N Y ED14161 12/12/2022 18:05 Snohomish Edmonds City Street Municipal/City Police 9TH AVE S 220TH ST SW 1100 N Y Weather Condition Lighting Condition Clear Dark - Unknown Lighting Clear Dark -Street Lights On Clear Daylight Clear Daylight Raining Dark -Street Lights On Raining Daylight Overcast Dark -Street Lights On Clear Dark -Street Lights On Injury Severity No Injury Collision No Injury Collision Minor Injury Collision No Injury Collision No Injury Collision No Injury Collision Minor Injury Collision Minor Injury Collision Damage Motor Commercial Threshold Hit and Vehicles Passengers Carrier Met Run Involved Involved Involved Y Y 1 Y N Y N 1 N N Y N 3 Y N Y N 2 N N Y N 2 Y N Y N 2 N N Y N 2 N N Y N 3 N N School Bus Pedestrians Pedalcyclists Involved Involved Involved N 0 0 N 0 0 N 0 0 N 0 0 N 0 0 N 0 0 N 0 0 N 0 0 Packet Pg. 762 10.4. h Collision Report Number EA15169 EA59850 EA01885 EA11297 EA70780 EB98901 EB29948 EB38228 EB67478 EC66447 ED16186 ED16188 EC46309 EC29476 Collision Date 2/15/2020 20:06 8/31/2020 15:06 1/12/2020 21:17 2/5/2020 13:17 10/9/2020 17:28 12/8/2021 17:20 5/13/2021 18:20 6/11/2021 15:32 9/14/2021 7:10 7/21/2022 10:00 12/19/2022 9:00 12/19/2022 10:30 5/12/2022 21:30 3/17/2022 15:24 County Snohomish Snohomish Snohomish Snohomish Snohomish Snohomish Snohomish Snohomish Snohomish Snohomish Snohomish Snohomish Snohomish Snohomish City Edmonds Edmonds Edmonds Edmonds Edmonds Edmonds Edmonds Edmonds Edmonds Edmonds Edmonds Edmonds Edmonds Edmonds Jurisdiction City Street City Street City Street City Street City Street City Street City Street City Street City Street City Street City Street City Street City Street City Street Agency Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Primary Trafficway 212TH ST SW 212TH ST SW 76TH AVE W 76TH AVE W 76TH AVE W 76TH AVE W 212TH ST SW 212TH ST SW 212 ST SW 212 ST SW 212 ST SW 212 ST SW 212TH ST SW 76TH AVE W Secondary Trafficway 76TH AVE W 76TH AVE W 212TH ST SW 212TH ST SW 212TH ST SW 212TH ST SW 76TH AVE W 76TH AVE W 76 AVE W 76 AVE W 76 AVE W 76 AVE W 76TH AVE W 212TH ST SW Damage Block School Intersection Weather Threshold Hit and Motor Vehicles Passengers Commercial Carrier School Bus Pedestrians Pedalcyclists Number Zone Related Condition Lighting Condition Injury Severity Met Run Involved Involved Involved Involved Involved Involved N Y Raining Dark -Street Lights On No Injury Collision N N 2 Y N N 0 0 7600 N Y Clear Daylight Minor Injury Collision N N 2 Y N N 0 0 N Y Snowing Dark -Street Lights On No Injury Collision Y N 1 N N N 0 0 21200 N Y Raining Daylight No Injury Collision Y N 2 N N N 0 0 7600 N Y Clear Daylight No Injury Collision Y N 2 N N N 0 0 21200 N Y Raining Dark -Street Lights On No Injury Collision Y N 2 N N N 0 0 7600 N Y Clear Daylight No Injury Collision N N 2 Y N N 0 0 7600 N Y Raining Daylight No Injury Collision Y N 2 Y N N 0 0 N Y Clear Daylight Minor Injury Collision Y N 1 N N N 0 1 N Y Clear Daylight No Injury Collision Y N 2 Y Y N 0 0 N Y Clear Daylight No Injury Collision Y N 2 Y N N 0 0 N Y Clear Daylight No Injury Collision Y N 2 Y N N 0 0 N Y Clear Dark -Street Lights On No Injury Collision Y N 2 N N N 0 0 N Y Raining Daylight Minor Injury Collision N Y 1 N N N 1 0 Packet Pg. 763 10.4. h Damage Collision Report Primary Weather Lighting Threshold Hit and Motor Vehicles Passengers Commercial School Bus Pedestrians Pedalcyclists Number Collision Date County City Jurisdiction Agency Trafficway Secondary Trafficway School Zone Intersection Related Condition Condition Injury Severity Met Run Involved Involved Carrier Involved Involved Involved Involved ED07421 11/24/2022 11:07 Snohomish Edmonds State Road Municipal/City Police >R104 DAYTON ST N Y Clear Daylight No Injury Collision Y N 2 Y N N 0 0 Packet Pg. 764 10.4. h Collision Report Number EA16280 EA18534 EA56441 EB30611 ED01660 Collision Date County City Jurisdiction 2/19/2020 15:10 Snohomish Edmonds State Road 2/26/2020 11:21 Snohomish Edmonds State Road 8/17/2020 12:40 Snohomish Edmonds State Road 5/16/2021 12:53 Snohomish Edmonds State Road 11/6/2022 23:00 Snohomish Edmonds State Road Agency Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Municipal/City Police Primary Trafficway SR 104 HWY 104 HWY 104 HWY 104 SR 104 Secondary Trafficway 100TH AVE W 100TH AVE W 100TH AVE W 100 AVE W 100TH AVE W School Intersection Weather Block Number Zone Related Condition 10000 N Y Clear N Y Clear N Y Clear N Y Clear N Y Raining Lighting Condition Daylight Daylight Daylight Daylight Dark -Street Lights On Injury Severity No Injury Collision No Injury Collision Minor Injury Collision No Injury Collision Minor Injury Collision Damage Threshold Hit and Motor Vehicles Passengers Commercial Carrier Met Run Involved Involved Involved Y N 2 N N Y N 2 N N Y N 2 N N Y N 2 Y N Y N 2 N N School Bus Pedestrians Pedalcyclists Involved Involved Involved N 0 0 N 0 0 N 0 0 N 0 0 N 0 0 Packet Pg. 765 10.4. h Collision Report Primary Secondary School Intersection Weather Damage Hit and Motor Vehicles Passengers Commercial Carrier School Bus Pedestrians Pedalcyclists Number Collision Date County City Jurisdiction Agency Trafficway Trafficway Block Number Zone Related Condition Lighting Condition Injury Severity Threshold Met Run Involved Involved Involved Involved Involved Involved EA79824 11/10/2020 15:20 Snohomish Edmonds City Street Municipal/City Police 228 ST SW 76 AVE W 22700 N Y Overcast Daylight No Injury Collision Y N 2 Y N N 0 0 EA73654 10/16/2020 9:09 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 228TH ST SW 22800 N Y Clear Daylight Minor Injury Collision Y N 2 Y N N 0 0 EB87781 11/7/2021 15:20 Snohomish Edmonds City Street Municipal/City Police 76 AVE W 228 ST SW N Y Overcast Daylight No Injury Collision Y Y 2 N N N 0 0 EB53244 7/29/2021 11:55 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 228TH ST SW 22800 N Y Clear Daylight Minor Injury Collision Y N 2 Y N N 0 0 EB15428 3/21/2021 16:04 Snohomish Edmonds City Street Municipal/City Police ?28TH ST SW 76TH AVE W N Y Raining Daylight No Injury Collision Y N 2 N N N 0 0 EB62301 8/23/2021 16:16 Snohomish Edmonds City Street Municipal/City Police 228TH ST SW 76TH AVE W 7600 N Y Clear Daylight Minor Injury Collision Y Y 2 N N N 0 0 EB67889 9/15/2021 9:32 Snohomish Edmonds City Street Municipal/City Police ?28TH ST SW 76TH AVE W N Y Overcast Daylight Minor Injury Collision Y N 2 N N N 0 0 EB94309 11/26/2021 17:11 Snohomish Edmonds City Street Municipal/City Police ?28TH ST SW 76TH AVE W 7600 N Y Raining Dark -Street Lights Off No Injury Collision Y N 3 N N N 0 0 EC32547 3/28/2022 13:33 Snohomish Edmonds City Street Municipal/City Police 228 ST SW 76 AVE W 7700 N Y Overcast Daylight No Injury Collision Y N 2 Y N N 0 0 EC78407 8/23/2022 17:14 Snohomish Edmonds City Street Municipal/City Police 228 ST SW 76 AVE W N Y Clear Daylight Minor Injury Collision Y N 2 Y N N 0 0 EC61068 7/3/2022 13:44 Snohomish Edmonds City Street Municipal/City Police 228TH ST SW 76TH AVE W 7600 N Y Raining Daylight Minor Injury Collision Y N 2 N N N 0 0 ED14162 12/12/2022 18:30 Snohomish Edmonds City Street Municipal/City Police 228TH ST SW 76TH AVE W 22800 N Y Clear Dark -Street Lights On No Injury Collision Y N 2 N N N 0 0 Packet Pg. 766 10.4. i 2023 Data: Hot off the Press Although pedestrian involved collisions represented a low number of parking lot collisions, the overall number of pedestrian related collisions in 2023 increased. The table below categorizes pedestrian related collisions into 6 locations for each trimester of 2023. 1 1 2 3 Total Parking Lots 3 1 4 8 HWY 99 0 2 1 3 HWY 104 1 0 0 1 HWY 524 0 2 0 2 Downtown 1 0 4 5 Other 1 3 10 14 Total 6 8 19 The total number of pedestrian related collisions for the first two trimesters are typical of previous years. However, the total number of pedestrian related collisions in the third trimester is over 3 times more than it was in 2022 (6) and almost 2 times as much as 2021 (10). Since 2020, there was a significant decrease in pedestrian related collisions. However, the totals for 2023 resemble pre -pandemic numbers with 22 total collisions in 2018 and 28 total collisions in 2019. N LO N 0 U a� CU U s aM as 0 a- M c 0 E w E 0 L CU r CU 0 C) N 0 N a� .N a) E 0 a Packet Pg. 767 10.4. i Vehicle vs. Pedestrian Collisions by Year 35 30 2S 20 is 10 0 2018 2019 2020 N LO 7 N C d d C 7 O U L d E Cu U 2M a) 02 a W C O E W E O L r Cu 0 C) N O N t d .N i I 'j — _ a� E a Packet Pg. 768 10.4. i 2019 202u 2021 2022 2023 The last data set that I analyzed was intersection collisions. There were 204 collisions that occurred in intersections in 2023. There were many intersections that had multiple collisions, but some of the more prevalent locations are as follows: • HWY 99 and 220th St. SW 12 HWY 99 and 228th St. SW 5 HWY 104 and 240th St. SW 5 220th St. SW and 76th Ave W 19 6 220th St. SW and 100th Ave W/9th Ave S 212th St SW and 72nd Ave \N 5 212th St. SW and 76th Ave W 4 228th St. SW and 76th Ave W Main St. and 9th Ave 13 The locations highlighted in red are locations that are controlled by traffic signals, while the locations highlighted in gray are controlled by stop signs (in at least one direction). Further discussion with the City's traffic engineer will be needed in order to identify if there is an engineering adjustment that can be made for these locations. However, one adjustment that can be made for the locations in red are the implementation of red light cameras. There are multiple studies that have been done that support the positive impact that red light cameras have on decreasing the number of violations, which lead to intersection related collisions. I believe that these could be a benefit at these intersections, as well as a few others that may not have the collision data to support it, but have a high volume of pedestrian traffic and a high volume of complaints about drivers running red lights (such as HWY 104 and Dayton St.). le N LO 7 N _ a� d _ 0 U L m E CU U t d a� v 0 IL w _ 0 E w E 0 L CU 0 C) N 0 N t M W 2 N a� E 0 a Packet Pg. 769