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2024-04-16 Council Packet
of c�,y s Agenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 APRIL 16, 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 1. CALL TO ORDER/FLAG SALUTE 2. LAND ACKNOWLEDGEMENT 3. ROLL CALL 4. PRESENTATION 1. Earth Day 2024 Proclamation (5 min) 5. APPROVAL OF THE AGENDA 6. AUDIENCE COMMENTS THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. Edmonds City Council Agenda April 16, 2024 Page 1 7. RECEIVED FOR FILING 1. Claim for Damages for filing (0 min) 2. Written Public Comments (0 min) 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Minutes March 26, 2024 2. Approval of Special Meeting Minutes April 2, 2024 3. Approval of Council Minutes April 2, 2024 4. Approval of claim checks and wire payments. S. Approval of payroll and benefit checks, direct deposit and wire payments. 6. Snohomish County - City of Edmonds Interlocal Agreement for Mee Parkland Acquisition 7. Hankins PB Appointment Confirmation 8. Li PB Appointment Confirmation 9. Reid ESCC Appointment Confirmation 10. Stine ADB Appointment Confirmation 11. Henkes EAC Appointment Confirmation 12. 2023 Transportation Impact Fee Annual Report 13. Approval of 5-ft dedication for 98th Ave W right-of-way adjacent to 22214 98th Ave W 14. Approval of professional services agreement for KPG/Psomas to provide design engineering services for the Phase 5 Storm Utility Replacement/Rehabilitation Project. 15. Council Rules of Procedure Section 8 16. Council Rules of Procedure - Section 13 9. COUNCIL BUSINESS 1. Potential Action on Critical Aquifer Recharge Area Code Amendment (20 min) 2. Fitch Report: Fire Services Feasibility Assessment (60 min) 10. EXECUTIVE SESSION: PENDING OR POTENTIAL LITIGATION, RCW 42.30.110(1)(1) (45 MIN.) 11. COUNCIL COMMENTS 12. MAYOR'S COMMENTS ADJOURNMENT Edmonds City Council Agenda April 16, 2024 Page 2 4.1 City Council Agenda Item Meeting Date: 04/16/2024 Earth Day 2024 Proclamation Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Earth Day was founded in 1970 as a day of education about environmental issues. The brainchild of Senator Gaylord Nelson and inspired by protest of the 1960s, Earth Day began as a "national teach -in on the environment". Earth Day 2024 will occur on Monday, April 22. Staff Recommendation No action is required. Narrative Mayor Rosen will read a proclamation in honor of Earth Day 2024. The proclamation will be presented to members of the Edmonds Stewards who will provide information on the Earth Day in Edmonds Parks event that they will be helping to host on Saturday, April 20tn Attachments: Earth Day 2024 Packet Pg. 3 O PrIorriumattlor" y of Edmonds •Office of the Mayor Earth Day 2024 WHEREAS, the global community now faces extraordinary challenges, such as global warming, public health issues, food and water shortages, and economic struggles; and WHEREAS, all people, regardless of race, gender, income, or geography, have a moral right to a healthy, sustainable environment with economic growth; and WHEREAS, it is understood that the citizens of the global community must step forward and take action to combat the aforementioned global challenges; and WHEREAS, a green economy and healthy environment can be achieved on the individual level through educational efforts, public policy, consumer activism campaigns, and environmental stewardship; and WHEREAS, it is necessary to broaden and diversity this global movement to achieve maximum success; NOW THEREFORE, I, Mike Rosen, Mayor of the City of Edmonds, Washington, do hereby proclaim April 22, 2024 Earth Day in Edmonds and hereby encourage residents, businesses, and institutions to use Earth Day to celebrate the Earth and commit to building a sustainable and green economy. Mike Rosen; iMayor I April 16, 2024 Packet Pg. 4 7.1 City Council Agenda Item Meeting Date: 04/16/2024 Claim for Damages for filing Staff Lead: NA Department: Administrative Services Preparer: Marissa Cain Background/History N/A Staff Recommendation Acknowledge receipt of Claims for Damages for filing. Narrative Eric Dubbury Edmonds Police Department ($600.00) Attachments: Claim for Damages - Eric Dubbury - for council Packet Pg. 5 7.1.a CITY OF EDMONDS CLAIM FOR DAMAGES FORM Date Claim Form Received by City Please take note that Eric DUbbUry , who currently resides at mailing address home phone # , work phone # and who resided at The same address listed above at the time of the occurrence and whose date of birth is , is claiming damages against The City of Edmonds in the sum of $ 600 arising out of the following circumstances listed below. N m DATE OF OCCURRENCE: 02/25/2024 TIME: 6:30 AM E LOCATION OF OCCURRENCE: Swedish Medical Center Mill Creek L DESCRIPTION: E 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. 2 The attached medical bill from Eastside Emeraencv Phvsicians was sent to me in reaards to a medical visit that was non-voluntarv. I was taken to the SN V ;h Medical Center Mill Creek by the Edmonds Police Department on 02/25/2024 for a police in -custody jail clearance visit only. A portion of the Police report is attached in this email to you as well for reference. (attach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. 4. Have you submitted a claim for damages to your insurance company? Yes NO No If so, please provide the name of the insurance company: and the policy #: * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY License Plate # Driver License # Type Auto: (year) (make) (model) DRIVER: OWNER: Address: Address: Phone#: Phone#: Passengers: Name: Name: Address: Address: Form Revised 04/09/2021 page I of 2 Packet Pg. 6 7.1.a This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. C�� D Lug 03/26/2024 Signature of Claim4nt Date and place (residential address, city and county) Or Signature of Representative Date and place (residential address, city and county) Print Name of Representative Bar Number (if applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 5t" Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. Form Revised 04/09/2021 Page 2 of 2 Packet Pg. 7 7.2 City Council Agenda Item Meeting Date: 04/16/2024 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 March 26, 2024 and April 8, 2024. Attachments: Public Comment April 16, 2024 Packet Pg. 8 7.2.a Edmonds City Council Public Comments —April 16, 2024 Online Form 2024-03-26 06:47 PM(MST) was submitted by Guest on 3/26/2024 9:47:53 PM (GMT- 07:00) US/Arizona FirstName John LastName Zipper Email CityOfResidence Edmonds AgendaTopic Comp Plan Growth Alternatives Comments To the Council: Please direct this also to the mayor. 1. Council and Mayor: We are not all sitting at our laptops following every meeting with rapt attention and many of us do not intend to spend our evenings attending meetings. Please push pause on the Comp Plan Growth Alternatives and direct your consultants to give the public and our representatives on the Council more time to absorb this and provide comments, with more attention paid to informing the public about what is absolutely required by state law versus what is an assumption or a "best practice" or a "growth target" pulled out of thin air. The process for updating the Comp Plan is seriously broken. I submitted my written comments to the Planning Board today but, who knows if the department responsible for finalizing the Comp Plan Growth Alternatives will consider any public comments. (Or maybe the comments were too late? We're being told the number of high rises we have to accept at Five Corners was decided by a County committee a few years ago and will be enforced by the Dept of Commerce, whoever that is....) 2. The primary concerns I have with the two draft growth alternatives we are seeing right now are: (a) the state mandated upzone of the entire town to allow ADU/DADU presents an opportunity to disperse affordable housing. If properly handled with codes and incentives, these could result in the least impact on our infrastructure, streams, critical areas, views, street parking etc. compared to any of the other options presented to us. Yet the use of ADU/DADU housing to supplement existing houses is given short shrift and barely mentioned in the alternatives. The benefit of multi generational housing is not mentioned once. How we will ever move away from totally ignoring a viable option to analyzing various incentives to promote that option is beyond me. Should emphasis on affordable ADU/DADU additions be Option 3 or should it be an Existing Condition? Or should the high rise Option 1 be thrown out and restarted with emphasis on affordable ADU/DADU additions to existing residences? I hope the Council sees fit to step in and fix this process. (b) Short term rentals via AirBnB, VRBO, etc. are proven to drive up the cost of "starter homes" and to reduce the supply of short term rentals. This condition exists in Edmonds but is not mentioned in the Existing Conditions. I believe the Council should immediately prohibit short term rentals in Edmonds. This option has not been mentioned in any of the alternatives. Thank you. My detailed comments were submitted to the Planning Board today. I hope they will be taken seriously. m E 0 tU a a� Packet Pg. 9 7.2.a Edmonds City Council Public Comments — April 16, 2024 Online Form 2024-04-02 04:54 PM(MST) was submitted by Guest on 4/2/2024 7:54:44 PM (GMT-07:00) US/Arizona FirstName Natalie LastName Seitz Email CityOfResidence Edmonds AgendaTopic Comprehensive Plan Comments I will not be able to attend tonight and I am commenting as a resident of Edmonds. Comprehensive plans are not for the purpose of our current neighbourhoods, they are about planning for future generations. Please google "effect of economic disparity on child development" and read any article that you first see. The cost of investments downtown is not just dollars and cents, it is a life lifelong cost borne by kids in underserved areas and the preferential siting of population growth in areas that lack infrastructure and investment. Thank you for your time and consideration of this comment. Online Form 2024-04-06 08:05 AM(MST) was submitted by Guest on 4/6/2024 11:05:42 AM (GMT- 07:00) US/Arizona FirstName Brenda LastName Elston Email CityOfResidence edmonds AgendaTopic Growth Comments Slow, gradual, growth spread out amongst all the communities, makes the most sense to me. Why are you destroying any livability in our already overcrowded Westgate neighborhood? An area already so condensed it's a mess to navigate on a good day. As far as the misguided suggestion for more business developed at 226th and 15th- there are houses there now. Existing homes. And a cemetery on the other side- which I"m sure we're not moving- so how does this make any sense? I moved from Shoreline to Edmonds to escape all the random stupid development, where it's clear the only motivation is money. Please don't trash every neighborhood that happens to be unlucky enough to have services. Spread growth slowly and distribute it equally amongst us all. Thank you Packet Pg. 10 8.1 City Council Agenda Item Meeting Date: 04/16/2024 Approval of Council Minutes March 26, 2024 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 2024-03-26 Council Minutes Packet Pg. 11 8.1.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES March 26, 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 Michelle Bennett, Police Chief Angie Feser, Parks, Rec., & Human Serv. Dir. Todd Tatum, Comm., Culture & Econ. Dev. Dir 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. PRESENTATIONS 1. ANNUAL REPORT — SOUTH COUNTY FIRE AND RESCUE Fire Chief Thad Hovis, South County Fire (SCF), advised this is his fifth and final annual report to the Edmonds City Council. In five days, Assistant Chief Eastman will take over as fire chief, the City will be in good hands. Chief Hovis reviewed: Edmonds City Council Draft Minutes March 26, 2024 Page 1 Packet Pg. 12 South County Fire by the Numbers o Serves nearly 300,000 people across 53 square miles in south Snohomish County 0 15 neighborhood fire stations staffed 24/7, including three fire stations in Edmonds 0 350+ uniformed personnel 0 70 firefighters on duty during the day and 64 overnight 0 37,677 incidents in 2023, including 6,147 in Edmonds o Most calls are medical emergencies (86% in Edmonds) • Serving Our Residents o Fires o Medical emergencies o Motor vehicle collisions o Hazardous materials o Rescues `�' Mnvn NRepl.ke Mill '.. Creek SW.,FI.J_ KeNeYs --- Como Lynnwood /f Edmonds Mountlake j Terrace Brier o Marine / Water o Other hazards and emergency situations o Community health, safety and risk reduction Assistant Chief of Emergency Medical Services, Health & Safety Shaughn Maxwell reviewed: • Emergency Medical Services o This is our most requested service o All firefighters are emergency medical technicians or paramedics 0 86% of incidents in the City of Edmonds were dispatched as EMS in 2023 o South County Fire is the first agency in the county to carry whole blood to provide in -field blood transfusions for patients with life -threatening medical conditions or trauma injuries. o Cardiac arrest saves ■ South County Fire's cardiac arrest save rate across the RFA is consistently well above state and national averages o ACT Program ■ Focuses on three skills needed to save a life in the first few minutes of an emergency - Stop bleeding - CPR & AED training - Administering Narcan ■ Taught in three 15-minute modules ■ Have trained 20,000 people Captain Nicole Picknell reviewed: Community Resource Paramedics (CRP) o Supports people who are forgotten o Non -emergency service to help reduce 911 calls and hospital use o Serves older adults, behavioral health patients, disabled people, homeless and veterans o Breaks down barriers and creates access to care ➢ Case study ■ Elderly Edmonds woman, 54 calls to 911 in 3 months Edmonds City Council Draft Minutes March 26, 2024 Page 2 Packet Pg. 13 8.1.a - Often 2-3 calls/day to 911 - 9 calls over a 14-day period - Each call generated a response by an engine company, medic unit or both After enrollment in CRP program: - Housing with full-time care - 1 call to 911 in 3 years - Decrease in client call volume improve availability of Engine 17 & Medic 17 for emergency response in Edmonds Growth in Edmonds - 2022: 119 clients - 2023: 303 clients Community Outreach Manager Shawneri Guzman explained her team is responsible for providing education and resources to residents to help prevent tragedies like fire and other trauma and to help prepare them for major disasters, cardiac events, etc. They do that through: • Community Outreach o Free online classes ■ ACT First Aid & CPR ■ Disaster Preparedness ■ Child Car Seat Safety ■ Virtual Car Seat Checks ■ Home Fire Safety ■ Aging in Place ■ Child Safety & CPR o Free distribution of lifesaving devices (made available via grant funding) ■ Child car seats ■ Smoke alarms ■ CO alarms ■ Infant safe sleep sacks ■ Bike helmets ■ File of Life o Community events in Edmonds ■ More than 7,500 residents reached at events including Fire Camp, Fourth of July Parade and fire station open events in the city o Assisting groups with developing a community wide safety plan Fire Prevention Deputy Chief Todd Anderson reviewed: • Fire Prevention 0 2 personnel assigned to City of Edmonds to operate as fire code officials and work with building department o Increases in new construction permit inspections: ■ 4 times more than 2017, from 131 to 546 o Implementation of new maintenance inspection software to assist with conducting and tracking annual fire inspections o In 2023 ■ 379 plan reviews ■ 55 preconstruction meetings ■ 30 special event permits Training o Photo of twenty-one 2023 Academy Graduates Edmonds City Council Draft Minutes March 26, 2024 Page 3 Packet Pg. 14 8.1.a Chief Hovis reviewed: • Emergency Responses - 2023 by the numbers and contract -required metrics o How many calls? Total incidents in the City of Edmonds in 2023: 6,147 12.05% increase from 2019 2019 2020 2021 2022 &urce: Snohomish County 911 data What type of calls? 2023 medical aid Source: Snohomish County 911 data o Response times ■ Looks at 8-minute response time in four categories ■ This measures Sno9l l's call receipt to arrival ■ Comparisons of data for 2019-2023 ■ Percentage of calls within 8 minutes or less — 2019: 73.45% — 2020:56.19% — 2021: 68.41% — 2022:79.58% — 2023:78.58% ■ Response time on 90% of calls — 2019: 09:42 — 2020: 10:40 — 2021: 09:59 — 2022: 09:16 — 2023:09:26 o Turnout Time Edmonds City Council Draft Minutes March 26, 2024 Page 4 Packet Pg. 15 8.1.a ■ Measures the time from when Sno9l l call is dispatched to the time the apparatus leaves the station ■ The reporting standard in the contract is different from the city's adopted standard in the 1756 compliance report: 2:15 (contract) vs. 2:45 (compliance report) ■ South County Fire nearly met the city adopted standard of 2:45 (89.05%) ■ Turnout time percentage at 2:15 - 2019: 82.34% - 2020:81.28% - 2021:77.66% - 2022:78.07% - 2023:75.03% ■ 90% Turnout Time - 2019: 2:34 - 2020: 2:34 - 2021: 2:42 - 2022: 2:43 - 2023: 2:48 Neighboring Unit Utilization Factor (NUUF) o What it evaluates: Response of units across jurisdictional boundaries. o What the numbers mean: ■ 100% = an equal balance of cross jurisdictional response ■ Contract considers 90%-110% to be within balance range ■ Over 100% = units from neighboring jurisdictions are responding into Edmonds more than Edmonds units are responding outside the city o Why does this matter? ■ We have a regional emergency delivery system ■ This evaluates if level of service decisions in one jurisdiction negatively impact a neighboring jurisdiction o Neighboring Unit Utilization Added aid unit, March 2022 W_ 2019 2020 2021 2022 2023 ■ Mountlake Terrace ■ Lynnwood a RFA A Unit Hour Utilization Factor (UHUF) o What it evaluates: Percentage of time a fire unit is on a call o What the numbers mean: The higher the number, the busier the unit is ■ Unit Hour Utilization Factor is up for Edmonds stations, but within compliance with contract standards ■ This number is up at two of three Edmonds fire station ■ 20% is the trigger to start looking at deployment options and additional resources o Unit Hour Utilization Edmonds City Council Draft Minutes March 26, 2024 Page 5 Packet Pg. 16 8.1.a ■ Station 16 ■ Station 17 • Station 20 al 2019 2020 2021 2022 2023 • Transport Balancing Factor (TBF) o Looks at the balance between: ■ Edmonds --> Outside City - The number of times Edmonds -based units are doing transports outside the city ■ Outside City 4Edmonds - The number of times South County Fire units based outside the city are doing transports in Edmonds o In 2023, the factor was under 1.0 - Outside city units transporting in Edmonds less than Edmonds units transporting outside city - A factor of 1.0 means = in balance ■ Transnorts 2021 2022 2023 RFA transports in the City 575 595 430 Edmonds transports not in the City 460 794 713 Transport Balancing Factor (TBF) 1.250 0.749 0.603 • Other required metrics o Transport fees billed and collected in Edmonds and Esnerance Edmonds Billed Edmonds Collected Es erance Billed Es erance Collected 2019 $2,310,729 $973,880 $118,595 $48,838 2020 $2,164,260 $896,643 $85,807 $34,927 2021 $2,314,119 $870,562 $68,059 $27,601 2022 $2,500,700 $995,040 $79,605 $33,188 2023 $2,689,951 $1,154,454 $71,805 $31,865 o Shoreline units into Edmonds (measured in incident responses) ■ 2019: 119 ■ 2020: 56 ■ 2021: 97 ■ 2022: 16 ■ 2023: 48 o Edmonds unit into Woodway (measured in seconds) ■ 2019: 5,288 ■ 2020: 5,544 ■ 2021: 4,713 ■ 2022 287 ■ 2023 13,205 • Standards of Cover Compliance (1756 Report) I Standard 1 2021 1 2022 1 2023 1 Edmonds City Council Draft Minutes March 26, 2024 Page 6 Packet Pg. 17 8.1.a Turnout Time in Standard of Cover 2:45 2:42 2:43 2:48 Turnout time in contract 2:15 2:34 2:48 First arriving engine company to a fire 6:30 6:38 6:39 6:58 Full first alarm assignment at residential fire 7:45 8:15 10:55 10:41 Full first alarm assignment at commercial fire 9:00 12:35 9:16 13:29 BLS response 5:15 6:33 6:25 6:33 ALS response 6:45 6:13 6:20 6:14 • House Fire Response A minimum of 22 firefighters are dispatched to a house fire p�p�t rl rl rl 1 Technical Rescue Truck �n A A A 0.`.peoi 11 Iat 0 0 Tr .I .I 4 II II II Mrs- gi Z U-6:61 AAA I,_®_e 1 Ladder Truck 'n 1 Medical Services Officer r70"""WC; 11 11 � II 2 EMS Units 2 Battalion Chiefs Councilmember Eck said she has always had a high level of respect for the work SCF does and in her view, they are all heroes. She was happy to hear about the availability of whole blood in the field. With regard to the case study about the woman who called 911 a lot whom Community Resource Paramedics were able to assist, she asked what percentage of people utilizing that service were 65 or older. Captain Picknell said she did not have an exact percentage, but when she asked team members to provide significant calls in Edmonds, of the 10 cases provided, every one of them was over the age of 70. She could obtain the percentage if Councilmember Eck wished. Councilmember Tibbott referred to the graphic of equipment that responds to a house fire, and asked whether the amount and location of equipment would change as taller, more dense structures are built in Edmonds. Chief Hovis acknowledged Operations Chief Isotalo seated in the audience, anticipating his answer would be a commercial response to a taller building would include another ladder truck, another engine and another transport unit. Ladders are only so tall, so the problem has to be attacked with more people and resources. As communities continue to grow vertically, that is a consideration for SCF. SCF has only two ladder trucks on duty 24/7; consideration will need to be given to adding another in the future. Councilmember Tibbott observed there is one in Edmonds. Chief Hovis answered there is one at Station 14 in Blue Ridge (Lynnwood) next to Station 16. Councilmember Nand thanked SCF for the heroic work they are doing in Snohomish County. She recalled a question during last year's presentation about SFC's ideas for what Edmonds could do with its portion of the opioid settlement and how those funds could be used to save lives in the community. Assistant Chief Maxwell answered that is an exciting question; Captain Picknell is extremely passionate about that and likely could provide many ideas. Something he was hopeful could be implemented soon was getting out into the streets and helping people with addiction. There are medications that can be therapeutic to those with addiction problems. That funding can help SCF to actively engage with people instead of waiting until they overdose and need Narcan. Captain Picknell is working on robust plans to do that hopefully in the next year. Council President Olson thanked SCF for the data analytics, commenting it was helpful to compare year to year; her perception was Edmonds was in good place with regard to the contract. She also thanked them for the good work they do; truly public servants that the community relies on. With regard to the availability Edmonds City Council Draft Minutes March 26, 2024 Page 7 Packet Pg. 18 8.1.a of whole blood, she reminded the community that before SCF can do their good work, blood has to be donated. There is a donation center in Lynnwood at Highway 99 & 196t' and pop-up donation sites at the Waterfront Center; the next one is April 29 and 30. She encouraged the community to max out donors at that pop-up. Councilmember Paine thanked SCF for their service, saving lives every day. She was very glad to see the numbers come down which indicates the contract changes made in 2022 were appropriate. She asked what prevention work has been most effective such as the recent building codes revisions and what SCF would like to have implemented with regard to emergency medical and fire prevention. Deputy Chief Anderson answered the most useful related to prevention would be life safety measure codes in the 2023 edition which the council is in the process of adopting. Councilmember Paine relayed her belief those had been adopted. Deputy Chief Anderson advised there is a lot of new language that clarifies apparatus access, fire department connections and the ability to regulate those on inspection regarding gallons per minute they pump. For SCF to do their best work, it will be necessary to add more people. The contract has been in place since 2011 with no changes related to prevention. With regard to the codes, most of the changes to the 2018 version are minor. Councilmember Paine asked what was most useful related to emergency medical. Assistant Chief Maxwell answered the healthcare system is under extreme strain; nursing homes and rehab facilities are full which pushes into the hospital, into the emergency department and out to SCF. When people have no one else to call, whether it's social, behavioral, addition, etc., they call SCF. The incredible work Captain Picknell and her team do with opioids, behavior health and social services needs to be addressed upstream because it bogs down the entire system when emergency providers are dealing with them via the most expensive and inefficient approaches. There need to be investments in that upstream work which will help take the pressure off downstream. Councilmember Paine asked how long it takes to provide Narcan training to a group. Community Relations Manager Guzman answered the training takes less than an hour and can be adapted to all types of groups including workplaces, senior centers, etc. Two generous Verdant grants last year allowed SCF to distribute 400 Narcan kits (800 doses) during the holidays when they saw an uptick in overdoses. The training gets Narcan into the hands of those who need it as well as educating them about how to spot an overdose or signs of someone in addiction. She is on the Child Death Review Team for Snohomish County which is seeing teens 13-15 years of age who are overdosing and often those families have never been introduced to Narcan. Education and Narcan needs to be provided to middle schools, high schools, and parent groups as well as older adults who also experience addiction. Councilmember Chen added his appreciation to SCF and the great work they do every day to save lives and help with addictions and challenges, even providing education and community outreach events to seniors who do not speak English. The statistics in the presentation were very helpful, but there is no data related to the cost of running programs. From his rough calculation, Edmonds pays about $12 million for contract services, dividing that by 6,147 calls in 2023 is about $1,952/call. He wondered if there was any data available that compared the cost of SCF services to other fire agencies. He recognized cost was on SCF's mind as well and doing their job in the most cost-effective way. He suggested providing that information in the future if that data is available. Councilmember Dotsch thanked SCF for what they do for the community and the various services they provide. She was excited to hear SCF was top in the country in cardiac saves. She is a dentist and recalled having SCF provide training in their office. As Snohomish County is growing, including four times more new construction permit inspections and projections of 30% more people, she asked if SCF coordinates with state and county regarding the need for increased services as the population grows. Assistant Chief Eastman answered SCF has a comprehensive 25-30 year facility plan prepared by Berk and Associates, Edmonds City Council Draft Minutes March 26, 2024 Page 8 Packet Pg. 19 8.1.a TCA and other consultants. Berk and Associates prepared the Snohomish County comprehensive plan update so they have good knowledge of what was happening countywide. SCF is also working with Hospital District 2 on the Value Village property as a potential future site. A new station is needed as a result of growth occurring around Alderwood Mall Parkway, south of Fred Meyer and near Lake Stickney. SCF also has a property at Manor south of Gibson. SCF has looked at where fixed sites need to be located and once those infill fire stations are built and operating, SCF will have sticks and mortar where they are needed. As development increases vertically and becomes denser and call loads increase, resources at stations will need to be added. For example, instead of one fire engine, there may be two or a fire engine and two medic units. Once the fixed sites are operational, there will be efforts to double or triple house a station to address growth happening in South Snohomish County. Councilmember Dotsch asked how long that takes. Assistant Chief Eastman answered land acquisition sometimes takes a while and funding is something the board will need to discuss to increase fixed facilities; the real cost long term is the cost of personnel and equipment to operate those facilities. SCF is working on that, and he was hopeful that could be completed in the next 10-15 years. In addition to new fire stations, there are stations in the RFA such as Station 10 that need to be torn down/rebuilt. That will take 15-20 years to complete. The facility plan has been done, the rest of the planning, which includes funding and staff, is underway. Councilmember Dotsch commented on current response time versus with additional growth. She relayed her experience with her mom who lives at Edmonds Landing who went to Swedish -Edmonds in an ambulance and people were waiting to get into the ER. That illustrates the need to plan where people go; Swedish -Edmonds is one of the only hospitals in the area. She recognized the stress that puts on the fire department. Assistant Chief Eastman agreed infrastructure needs to be in place, there are only so many ER and hospital beds, adult family care homes and rehab centers and the community is woefully short on infrastructure for behavioral health challenges. The fire department and the city council need to talk to Olympia about the infrastructure challenges in Washington which has the fewest beds per population anywhere in the country. The problem isn't going away and will become more challenging. The RFA does its best to stay ahead of it and has been ahead of the hospital wall time issues for the last 2'/z years and are well connected with hospital leadership to maintain communication to ensure resources are available. Long term, there needs to be more infrastructure and that will require everyone working together. That work hasn't started yet and is not something SCF or the City can do alone, they will have to work together with help from Olympia and potentially Washington DC. Mayor Rosen thanked Chief Hovis for his service and for spending his career in South Snohomish County. He wished him well in his new chapter and was honored to have him as a resident of Edmonds. Mayor Rosen congratulated soon to be Fire Chief Eastman. 2. CITIZEN'S TREE BOARD 2024 ANNUAL REPORT Parks, Recreation and Human Services Director Angie Feser introduced Tree Board Chair Wendy Kliment and recognized Tree Board Members Janelle Cass and Ross Dimmick in the audience. Chair Kliment reviewed: • Tree Board Members o Wendy Kliment (Chair) o Bill Phipps (Vice -Chair) o Janelle Cass o Ian Higgins o Ben Mark o Crane Stavig Edmonds City Council Draft Minutes March 26, 2024 Page 9 Packet Pg. 20 8.1.a o Ross Dimmick (Alternate) o Jenna Nand (City Council/Ex-Officio) Tree Board's Main Mission o The Citizens' Tree Board actively encourages the planting, protecting, and proper maintenance of trees for long-term community benefit. Year in Review - 2023 o Edmonds is now in its 13th year as a Tree City USA o Earth Day - The Tree Board is now supported by the Edmonds Parks & Recreation Department, creating more opportunities for partnership, such as: ■ Yost Park Tree Planting ■ Bark Chips at Pine Ridge Park o Partnered with Edmonds in Bloom on their Garden Tour (7th year) o Arbor Day Event in October ■ Booth at the Farmers Market ■ Education component about critical areas - GIS interactive map at the Farmers Market ■ Gave away 90 trees to Edmonds residents ■ Afternoon tree tour with Instructor, Horticulturalist and Certified Arborist, Bess Bronstein o Winter market - Gave away 60 conifers to Edmonds residents at the December winter market o Provided input on the tree code Photographs from Earth Day, Farmers Market, and Winter Market 2024 Plans in Summary o Educate and assist through various activities and events including: ■ Earth Day, April 2024 ■ Tree seedling potting and giveaway at Watershed Fun Fair, May 2024 ■ Downtown Edmonds - educational tree tags ■ Edmonds in Bloom garden tour - tree identification ■ Farmers Market o Partner with Edmonds Parks and Recreation Department and Sound Salmon Solutions at Edmonds Parks o Continue to provide input on the Tree Code Councilmember Nand explained the reason the City has the designation of Tree City USA is the work of the volunteer tree board in conjunction with the administration. The work, outreach and education they do in a community where so many people are passionate about trees is amazing. Tree nerds, as she affectionately referred to them, have the incredible capacity and ability to talk to and educate people about trees. She appreciated their efforts, noting the City runs on its volunteers. Councilmember Chen expressed appreciation for the work the tree board is doing and the logo, right tree right place. He referenced the comprehensive plan and increasing development and asked what the tree board sees as its role during this transition period in addition to the great work they are already doing. Chair Klement responded the tree board is an advisory board that makes recommendations. Many tree board members are professionals who work with trees in their day jobs. The tree board has done a lot of work on the tree code, giving their opinion to the planning board on the development code, the tree code and the residential tree code are taking a back seat at the moment awaiting the comprehensive plan update. Ms. Feser commented prior to this year, the Planning & Development department supported the tree board. City code is housed under that department, not Parks, Recreation & Human Services, so those departments are splitting the responsibilities. When there are items related to code, comprehensive plan, or requests for feedback/recommendations, Planning & Development will be present at tree board meetings. Planning & Edmonds City Council Draft Minutes March 26, 2024 Page 10 Packet Pg. 21 8.1.a Development will be in touch with the tree board when they want their input, feedback and recommendations; Parks, Recreation & Human Services just does the fun stuff. Councilmember Paine commented a lot of councilmembers have either been on the tree board or served as liaison. She was on the tree board in the past when comprehensive tree code was developed that failed spectacularly. She congratulated the tree board on 13 years as a Tree City USA; she was on the tree board when the first renewal application was submitted. The tree board is remarkable and its members are all very accomplished and passionate about trees. She was particularly proud of the work the tree board does and the thoughtfulness of their outreach. She loved the tree giveaways and encouraged everyone to plant 2-3 trees. Councilmember Eck said she has had the pleasure of serving on the tree board. She thanked Janelle Cass for her service as the former chair and congratulated Wendy Kliment on being selected as chair. She recalled the delight in people's eyes when the tree board hands out free trees. The education that tree board members provide the community is invaluable, the work they do matters, and she is grateful to them for serving. Councilmember Dotsch thanked the tree board for the work they do. She recalled a lot of work was done on the tree code last year and she hoped the tree board was able to provide input on the comprehensive plan. She was at the farmers market in October for the tree giveaway and the GIS map display. She was glad to see the GIS map that shows what Edmonds looks like in reality, an important educational component. She wondered if there was a way to alert new homeowners when they have a critical area on their property. Council President Olson expressed appreciation for the presentation and the recap of last year. She was especially happy about the reorganization under Parks. The tree board should be proud of their 2023 Arbor Day event, it was one of the best in her memory. She looked forward to joining the tree board for Earth Day in 2024. Chair Klement advised there will be Arbor Day events at Yost and at Pine Ridge Parks, ivy pulling and tree planting at Yost and ivy pulling at Pine Ridge. 5. APPROVAL OF AGENDA COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER ECK, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER DOTSCH, TO AMEND THE AGENDA TO PULL ITEM 7.2, JANUARY MONTHLY REPORT, FOR A BRIEF DISCUSSION. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 5A. JANUARY MONTHLY REPORT (Previously Received for Filing Item 7.2) Councilmember Chen referred to Fund Balances on packet page 112, observing General Fund 001 is not shown although it is typically most important fund. The City is under stress in the General Fund, but that fund is not shown in the monthly report. Councilmember Nand asked for clarification of Councilmember Chen's point. Councilmember Chen advised the list of fund balances on page 112 starts with Fund 009, followed by 011, 012, 014, etc., but although General Fund 001 is the most important, it is missing from this report. Councilmember Nand observed the report on page 112 is the General Fund Subfunds Overview. Councilmember Chen agreed, noting Fund 001 is most important subfund and is present in every other monthly report. Edmonds City Council Draft Minutes March 26, 2024 Page 11 Packet Pg. 22 8.1.a Councilmember Tibbott commented the January Monthly Report has been in at least two and possibly three packets and the packet pages do not line up, but the information is correct. 6. AUDIENCE COMMENTS Roger Pence, Edmonds, former member and chair of the planning board, followed up on comments he made last week regarding data associated with the city's comprehensive planning process. Last week he expressed skepticism about the 13,000 projected population increase for the City of Edmonds over a period of 20 years which represents a 4.3 increase in the previous growth rate which did not seem probable. He attended the planning forum on Saturday in the Brackett Room hoping to find more evidence or documentation verifying that number, but it did not; the display board included the same numbers from previous PowerPoint presentations. He asked one of the consultants about the number, if we didn't have that 13,000 number floating around and the city just went about examining the history, data and evidence, would the city have come up with the projection of 13,000. The consultant said no, the city would not have come up with a number that large. Another equally incredulous number is the planned expansion of housing units, 9,068 new housing units to accommodate those 13,000 new people. Doing the math results in a unit occupancy of only 1.44 and he questioned the occupancy rate going from 2.25 people/unit to 1.44. He hoped someone would direct staff to make these numbers work because right now they are inexplicable and if they are the root of the city's comprehensive plan, they need to make sense. Anne Crawley, Edmonds, said she travels 100t1i and SR-104 very frequently. During the last three months, she noticed things happening on 100'/9t' related to the lane lines. Even more alarming was watching bicyclists coming from 100t' Avenue, crossing SR-104 and on 100t' where it intersects with 9t' and there is a big difference in the traffic 100' south of SR-104 where 100' becomes 9t''. She assumed the two white lines distinguish the bike lane from the parking. She has watched accidents almost happen when bicyclists cross SR-104 and proceed into this new bike lane. She anticipated that hazard increasing with more bicycles and electric bikes. Ken Reidy, Edmonds, expressed his support for the excellent comments made by Roger Pence and he hoped the council would listen carefully to what he said. He referred to the consent agenda item related to Council Rules of Procedures Section 3, commenting the proposed changes are not consistent with the Edmonds City Code. He recommended when adopting new Rules of Procedure that they be consistent with the City Code; the City Code clearly states the council president shall have the following responsibilities: formulate and prepare the agenda for city council meetings. If changes to the Rules of Procedure are not consistent with the City Code, the code needs to be revised first. He was disappointed the red light cameras presentation in tonight's agenda packet as he had hoped it would be removed. He referred to packet page 228, a comparison of City of Lynnwood Red Light Accident Reductions, advising that was not an accurate portrayal of the data as in 2017 Lynnwood made a major change to the way they calculate accidents. Two different data sets cannot be shown on one graph as if it is the same data point. He recommended asking who prepared that graph and not passing the resolution tonight which summarizes the data received and adopts the location analysis. With regard to the BID, he encouraged the council to listen to business owners who have been opposed to the BID for a long time; they have some great points, and it is likely time to let the BID sunset. 7. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FOR FILING 3. COUNCIL APPOINTMENT TO A BOARD/COMMISSION 4. OUTSIDE BOARDS AND COMMITTEE REPORTS 8. APPROVAL OF CONSENT AGENDA ITEMS Edmonds City Council Draft Minutes March 26, 2024 Page 12 Packet Pg. 23 8.1.a COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED (6-1) COUNCILMEMBER DOTSCH VOTING NO. The agenda items approved are as follows: 1. APPROVAL OF COMMITTEE MEETING MINUTES MARCH 12, 2024 2. APPROVAL OF SPECIAL MEETING MINUTES MARCH 12, 2024 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT 4. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 5. COUNCIL RULES OF PROCEDURE SECTION 3 9. COUNCIL BUSINESS RESOLUTION ADOPTING TRAFFIC SAFETY CAMERA LOCATION ANALYSIS Council President Olson explained this resolution is strictly about the data on the intersections and whether the data is an analysis of what the council needs and plans to use to make a decision in the future whether to implement red light cameras at zero, some, or all of the intersections that were studied. She reiterated the resolution is strictly about the data on the intersections. The data point identified under Audience Comments is being reviewed. Because there is interest in this item and not everyone has followed all the meetings regarding red light cameras, every packet included all the information. The information highlighted by the resident is not related to this decision on the resolution which is an analysis of the City of Edmonds intersections; the graph that was referenced was about Lynnwood's accident history and is not germane to this item. Approving the resolution accepts the analysis as the basis for decision making. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE RESOLUTION IN THE PACKET. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO AMEND THE TITLE OF RESOLUTION, TO STRIKE "SECOND" AND SUBSTITUTE WITH "INTERSECTION" SO THE TITLE READS, "... AN INTERSECTION SECOND TRAFFIC SAFETY CAMERA LOCATION ANALYSIS..." AMENDMENT CARRIED (6-1), COUNCILMEMBER DOTSCH VOTING NO. Councilmember Paine said she also has concerns with some of the other whereas clauses but will wait for other councilmembers to speak. Councilmember Dotsch was concerned that the study of intersections did not come from full council. The data presented included a third party who has a financial interest in the installation of the cameras; it should have been provided by an outside party. The automated enforcement checklist she cited at a previous meeting which the police said they were using, stated this should be part of a citywide public safety plan. This is narrowly focused on the most highly trafficked intersections, 100' & SR-104, 220' & Highway 99, and 76th & 212th. The data is very generalized; in reviewing the actual numbers, at the three intersections identified as the most dangerous, there were five accidents caused by running red lights in 2023, zero bicyclist or pedestrians were struck and there were zero injuries. The narrative that these are the most dangerous intersections and that there are 500+ accidents in Edmonds raises the question of whether the data is being considered properly and whether citywide safety is being considered. Mayor Rosen clarified the motion is to accept the accuracy of the data and not the use of the data. Councilmember Dotsch reiterated the data is very generalized. If the issue is drivers running red lights, the council needs accident data related to drivers running red lights. She questioned issuing $130 citations for running a red light when in reality there may be other things that cause more bodily harm, and whether this Edmonds City Council Draft Minutes March 26, 2024 Page 13 Packet Pg. 24 was the best place to invest police and court resources. This information was the result of a poor process last year and she still feels it is a poor process. Councilmember Nand thanked Council President Olson for her work and staff for their input. She expressed concern that this is supposed to be a neutral adoption of data for future consideration of whether to pursue red light cameras in Edmonds. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER DOTSCH, TO AMEND TO REMOVE THE 7TH WHEREAS CLAUSE THAT READS, "WHEREAS, THE CITY COUNCIL IS CONSIDERING WHETHER TO AUTHORIZE THE ADDITION OF TRAFFIC SAFETY CAMERAS AT UP TO NINE SPECIFIC SIGNALIZED INTERSECTION LOCATIONS." Councilmember Nand said include that statement in resolution is getting ahead of ourselves. Councilmember Paine preferred to retain that whereas clause to ensure the data that is adopted pertains to Edmonds. The greatest opportunities for determining where red light cameras need to be located will be those nine intersections. There is likely to be better behavior modification if cameras are installed at nine intersections because people will pay more attention if there are cameras at nine intersections instead of only three. Councilmember Nand relayed her preference to remove the whereas clause due to strong skepticism in the community last year when this was brought forward that it was a revenue generating strategy by the council and not specifically tied to safety. Presenting to the public that the council is considering going from zero red light cameras to nine, especially in a year where the City is experiencing a tight budget, casts a pall over the efficacy and purity of the council's motives. She preferred to remove the whereas clause and see if an argument can be presented to the community with a close nexus to public safety and not revenue generation. She was not comfortable with stating the council was considering nine red light cameras. Council President Olson said she was also in favor of retaining this whereas clause but for a very different reason. As someone involved in authoring the resolution, that clause is related to whether to authorize up to nine. There is no intent or commitment communicated in this clause to install nine cameras. The data for the nine intersections will be the basis for the decision whether to install zero, one or more red light cameras. Councilmember Eck also supported keeping this whereas clause to give the council wiggle room. The feedback from the public about being equitable and not concentrating on one neighborhood also needs to be factored in. Councilmember Chen also supported the whereas clause regarding nine locations because the data sources are all credible and provide a comparison of different intersections throughout the City in order to make equitable decisions to improve public safety versus just for revenue generation motives. Councilmember Dotsch recalled the council asked for police and court time and was provided limited data related to school zone cameras. The department is ten officers short, 40 hours in front of a screen. Councilmember Tibbott raised a point of order, stating Councilmember Dotsch's comments are not relative to the amendment. Mayor Rosen requested council comments relate to the amendment to strike the clause. AMENDMENT FAILED (2-5) COUNCILMEMBERS DOTSCH AND COUNCILMEMBER NAND VOTING YES. Councilmember Paine referred to the 9t1i whereas related to delaying the selection of any or all of the nine intersections to a subsequent council action and recommended leaving that to the administration. Edmonds City Council Draft Minutes March 26, 2024 Page 14 Packet Pg. 25 COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER ECK, TO STRIKE THE 9TH WHEREAS CLAUSE, "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." Councilmember Paine said this would allow the administration to choose the intersections based on the safety analysis. The administration will be administering the program, the City has a strong police force, and the council is supportive of public safety. This whereas clause is not synchronous with the rest of the resolution that references the nine locations. Councilmember Nand said she was strongly opposed to removing the 9t' whereas clause. This issue has received a high level of public scrutiny and due to the police department's prominent role in presenting this last year, they came under some harsh and unwarranted criticism. The decision to add red light cameras will be a political decision and should not implicate the independence, integrity or perception of the police department or court in any way. Council President Olson agreed with Councilmember Nand's comments, there is still a policy decision to be made regarding whether or not to have red light cameras. This resolution is not to usurp or get around that policy decision, simply to state that this data will be used as the basis for that decision. MOTION FAILED (2-5), COUNCILMEMBERS PAINE AND ECK VOTING YES. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER DOTSCH, TO AMEND WHEREAS 8 TO READ AS FOLLOWS, "WHEREAS, THE CITY COUNCIL, AFTER REVIEW AND DISCUSSION, HAS DETERMINED TTs�T TO ADOPT THE AUTOMATED TRAFFIC SAFETY CAMERA ANALYSIS OF THESE NINE SIGNALIZED INTERSECTION LOCATIONS PURSUANT TO RCW 46.63.170(1)(A). Councilmember Nand commented the resolution needs to be very neutral, there has already been high level of public scrutiny about Verra Mobility, who is potentially the City's contractor, providing this information free of charge, etc. This amendment will preserve the neutrality and stress that the council has not made any commitments, the data sources are legitimate, and the council will give this due deliberation before making this policy change. Councilmember Dotsch expressed support for the amendment because "interest" could be safety, financial or something else and the statement is very vague. Council President Olson pointed out the Verra Mobility data was not the only data provided; it was among the data provided for each of the intersections. It is in the City's best interest to adopt the basis for making future decisions. She was comfortable with wording as submitted. UPON ROLL CALL, AMENDMENT FAILED (2-5), COUNCILMEMBERS DOTSCH AND NAND VOTING YES; COUNCILMEMBERS ECK, CHEN, TIBBOTT, AND PAINE AND COUNCIL PRESIDENT OLSON VOTING NO. MAIN MOTION AS AMENDED CARRIED (5-2), COUNCILMEMBERS DOTSCH AND NAND VOTING NO. 2. RESOLUTION CONCERNING REESTABLISHMENT WORKPLAN OF THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT Edmonds City Council Draft Minutes March 26, 2024 Page 15 Packet Pg. 26 Council President Olson explained many Business Improvement Districts (BID) are formed with a ten year duration and after that time they cease to exist or are reinitiated. When the Edmonds BID was initiated 10+ years ago in 2013, there was no term of duration. It is time to reevaluate it and go through a reinitiation process even though formation of the BID did not include any term of duration. Having learned that that is a best practice and as a result of the BID leadership having conversations with consultants, it is something the BID leadership wants to do differently in the next iteration of the BID. While she initiated this agenda item, she was pleased to say there has been collaboration and cooperation with city administration and leadership of the Downtown Edmonds BID. BID President, Jen Lawson, Crow, and BID Advisory Board Member Kimberly Koenig, Rogue, who have been part of the BID since its inception, are present virtually to answer questions. Community, Culture & Economic Development Director Todd Tatum is also present. As council prefers to have two touches before decisions are made and this is the first time council has seen this, she made the following motion: COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, FOR COUNCIL TO DISCUSS THIS ITEM AND VOTE TO PLACE THE ATTACHED RESOLUTION CONCERNING THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT WORKPLAN ON A FUTURE CONSENT AGENDA. Councilmember Paine commented she was glad to see this come forward as it had been a source of discussion. Having a review of the BIDs bylaws after 10 years will be important and effective for the business community. Things change, perhaps this will be BID 2.0 and she looked looking forward to the analysis and discussion about how the BID would be reconstituted. If a decision were made to reinitiate the BID, she asked if it would be by petition or council action. Council President Olson said the workplan according to the resolution will come back to council for approval. Mr. Tatum said that is unknown right now; discussions are occurring with people who do this on routine basis. The intent is to develop a work plan to show council how that process will occur. BID Advisory Board Member Kimberly Koenig said BID leadership is just starting the process of exploration with a consultant; the work plan will identify the path forward. The intent is to ensure best practices are in place and the BID looks forward to future communication with council. Councilmember Paine asked if the information on Municipal Research Service Center (MRSC) is still accurate. Mr. Tatum answered yes, the law hasn't changed and MRSC's website reflects the most recent and accurate law. Councilmember Tibbott looked forward to the BID's work plan. One of the aspects he was interested in was an evaluation of the effectiveness of the funding model and whether there were other ways to assess businesses. There has been some difficulty collecting assessments in the past which raises the question of the effectiveness of that model. Ms. Koenig commented all BIDs across the country never have 100% payment; it is something all BIDs deal with. Councilmember Nand complimented the BID leadership, commenting this is a very democratic solution to questions that have been raised recently. She asked if the consultant fee would be funded by the BID and if there was any request for a contribution from the City. Mr. Tatum answered there has not been a contribution by the City. As a business owner who was previously located within the BID, Councilmember Nand looked forward to the BID leadership engaging and incorporating ideas and suggestions from member businesses to update the BID. She wished the BID good luck with the process and looked forward to the final outcome. MOTION CARRIED UNANIMOUSLY. 10. COUNCIL COMMENTS Edmonds City Council Draft Minutes March 26, 2024 Page 16 Packet Pg. 27 8.1.a Councilmember Nand recalled in 2022 after her pet rabbit, who was rescued from a meat breeder, died, she wrote a letter to the editor which was published by My Edmonds News asking the community to support banning backyard breeding at the local, county, state and national level. Due to last year's budget issues, there wasn't a good time to bring that legislation forward. She plans to bring it forward soon and hoped to have support from the community, administration and councilmembers to eliminate this form of animal cruelty in Edmonds. Councilmember Paine commented last week was a big week in terms of public participation in the comprehensive plan and the waterfront plan and this week is another big week. A lot of information is coming out; the comprehensive plan has been discussed for the last year and a lot of things are gelling now and for the next 6 months. She encouraged the public to attend meetings and participate in tabletop discussions. Saturday's open house was very well attended, and she appreciated everyone's interest and participation in the discussion. Monday's design charette regarding the waterfront was also very lively and she thanked residents for their input. Councilmember Dotsch echoed Councilmember Paine's comments about the public's attendance at the two meetings. She encouraged the public to stay engaged and provide input and sign up for announcements regarding upcoming meetings and opportunities for input. Council President Olson commented the community may be noticing the city attorney is not attending all council meetings in person. As a cutting measure, each week the council president and mayor decide whether the city attorney needs to attend in person. When the answer is no, he attends virtually. She assured he is still providing great legal service virtually. Councilmember Tibbott commented on the comprehensive planning process and addressed questions about the numbers. The 13,000 or 30% increase in population is a number provided to the City via the GMA process that the City has been asked to plan for and not something the City would have generated on its own. It is apparent this area is in a crisis of success due to fantastic jobs, a high level of prosperity and Western Washington is a great place to live so people are moving here. That crisis of success also requires the City to accommodate additional population growth. Growth will change the way Edmonds looks and feels, but the best course of action is to design and plan well and be involved in the planning process. Councilmember Tibbott continued, another factor that put Edmonds in the spotlight is Edmonds is considered a high -capacity transit city due to the light rail station which requires increasing density in places that have access to high capacity transit. In his opinion, Edmonds was not served well by the planning process related to high -capacity transit; for example, the new orange line ends at Edmond College and will not come anywhere close to downtown Edmonds. He has been asking for improved east -west connections for the past 10 years, but that has not happened, and he does not see it happening in the future. Edmonds needs to speak up and insist state politicians and those planning light rail get real about what it will require for Edmonds to participate, especially if the City is considered a high -capacity transit city. He has real concerns about the comprehensive planning process but wants to ensure the City is designing well for the anticipated growth. With regard to the number of housing units, Councilmember Tibbott said he also did the math and came up with 6,000 instead of 9,000. He assumed planners are anticipating more smaller houses and due to Snohomish County's fair share goals, the City is supposed to have a high percentage of housing at 30% AMI or less. As a result, there would be more houses with fewer people living in them. Councilmember Chen announced and congratulated Carrie Mandak whom he appointed to the Economic Development Commission (EDC). She has a tremendous amount of diverse experience that will benefit the Edmonds City Council Draft Minutes March 26, 2024 Page 17 Packet Pg. 28 EDC. When he interviewed her, she had fresh ideas about ways to bring economic development to the City overall through art and capturing the momentum of development on Highway 99 including an idea about a night market. He looked forward to the great work that she and the entire EDC do for the City. Councilmember Chen commented on citizens' involvement in the comprehensive plan process last Saturday. A lot of people attended the open house which shows residents do care. The City has many challenges ahead including finances, comprehensive plan, developments, etc. but regardless of the challenges, with strong support from residents, the council, administration and residents will pull together and overcome the difficulties and come out strong. He looked forward to working with everyone to get through whatever challenges lie ahead. Councilmember Eck commented the City has very strong resident engagement as shown by the attendance at Saturday's open house, last night's design charette regarding the waterfront and even new people who made public comment tonight. There are a lot of important transitions and requirements the City is tackling this year, and it is important to listen to everyone. Change is hard, including some of the things that the council discussed tonight. There is empowerment by learning about each other, learning what is required of the City and listening to what others need and putting yourself in others' shoes. She hoped everyone remembers that when having these difficult conversations. Councilmember Tibbott announced his appointment of Pete Spear to the EDC. He brings a wealth of experience in analytics and he looked forward to his participation on the EDC. 11. MAYOR'S COMMENTS Mayor Rosen thanked people who have participated at council meetings as well as other opportunities including the charette, online survey, and emails sent to councilmember and administration. That is how decisions are made and voices are heard. There have been several appointments during the past few weeks and he thanked everyone who volunteers including the recent appointees to the Historic Preservation, Arts, and Economic Development Commissions. The City has14 boards and commissions and a lot of great volunteers. Mayor Rosen advised his first State of the City on Thursday, March 28 at 6:30 p.m. at the Waterfront Center will focus exclusively on the state of the City's finances. Everyone is welcome to attend and it will also be available on Channel 21, YouTube and Zoom. ADJOURNMENT With no further business, the council meeting was adjourned at 8:58 pm. Edmonds City Council Draft Minutes March 26, 2024 Page 18 Packet Pg. 29 8.2 City Council Agenda Item Meeting Date: 04/16/2024 Approval of Special Meeting Minutes April 2, 2024 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 2024-04-02 Council Special Minutes Packet Pg. 30 8.2.a EDMONDS CITY COUNCIL SPECIAL MEETING DRAFT MINUTES April 2, 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 STAFF PRESENT Whitney Rivera, Municipal Court Judge Uneek Maylor, Court Administrator Rob English, City Engineer Ryan Hague, Capital Projects Manager Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council special meeting was called to order at 5:45 pm by Mayor Rosen in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. 2. COUNCIL BUSINESS PRESENTATION OF MAIN ST OVERLAY PROJECT UPDATE City Engineer Rob English introduced Project Manager Ryan Hague. He explained the purpose of this presentation is to update the council on the overlay projects on Main Street between 6t' and 9t' Avenues. He reviewed: • Project Funding o City pursued and won a $750K federal grant in 2020 for overlay of Main St from 6th Ave to 8th Ave. Included upgrading ADA curb ramps as well as bulb -outs. ■ Grant requires matching funds from City ■ Design funds became available in 2023 ■ Construction funds are available in 2024 Main Street 0 2017 Comprehensive Transportation Plan ■ Street Classification — Minor Arterial ■ Designated Bike Route from Ferry to Five Corners o Average Daily Traffic Count — 4,900 vehicles per day o Community Transit Routes & Bus Stops ■ Route 116 with existing bus stops ■ Future Route 0 40 - Pavement Condition Index (before utility work) o Non -compliant ADA ramps Edmonds City Council Draft Minutes April 2, 2024 Page 1 Packet Pg. 31 8.2.a o Parking on both sides of street Complete Streets o City Ordinance #3842 (ECDC 18.80.015) Complete Streets Ordinance - states that: ■ City of Edmonds will plan for, design, and construct all new transportation projects to provide appropriate accommodation for pedestrians, bicyclists, transit users, and persons of all abilities. - City of Edmonds staff, following this direction, identified an opportunity to add an eastbound (uphill) bicycle lane and "sharrows" in the westbound direction by narrowing travel and parking lanes throughout the corridor. Mr. Hague reviewed: Parking counts were performed morning, afternoon, and evening on through the morning of Monday, January 29, 2024 Existing Section • Proposed Section Wednesday, January 24th Edmonds City Council Draft Minutes April 2, 2024 Page 2 Packet Pg. 32 8.2.a Pedestrian Improvements o Curb bulb -outs ■ Bulb -outs improve safety for pedestrians by making them more visible to motorists o Ramp to accessible parking at Frances Anderson Center ■ Existing accessible parking at FAC does not have adequate facilities for users to access sidewalk. 7t1i & Main 4 MAIN ST <+e t+! ------------ 8" & Main MAIN Sr Edmonds City Council Draft Minutes April 2, 2024 Page 3 Packet Pg. 33 8.2.a • Public Meeting o City held a public meeting March 7th, 2024, and a recording was made available on City website o Meeting was advertised by postcard, message board, and press release o Public was able to provide comment until March 15 New Funding Sources o City secured an additional $50K in Federal Funding in March, 2024 o City pursued and won a $391K Transportation Improvements Board (TIB) grant in March Project Construction Costs o Estimated Construction Cost ■ $697,984 - Paving, Striping, Sidewalks ■ $326,315 - Drainage ■ $1,024,299 - Total o Funding Sources ■ $527,785 - Federal Grant ■ $305,637 - TIB Grant ■ $190,877 - City Road Funds - $132,104 - Road - $58,773 - Storm Next Steps o Design Completion - Spring 2024 o Construction Start - Summer 2024 o Construction Completed - Fall 2024 Councilmember Nand relayed there has been a lot of commentary on Complete Streets and she liked that there was mindfulness on preserving parking and adding a bike lane. She asked if the bulb -outs will have capacity for additional landscaping or public art. Mr. English answered will be areas that do not have concrete where plantings could be added in the future. Obviously there is a challenge with maintenance; staff will work with the parks department to potentially plant those areas in the future. Councilmember Nand relayed her support for the bike lanes as well as other ideas for getting people out of their cars and into other forms of transportation in the bowl due to parking congestion. The seasonal trolley is very popular and she envisioned having a trolley to the train park and ride or Highway 99 to bring people in and out of the bowl which retaining the street widths would accommodate. Councilmember Eck commented this project has been in the works for a while and complies with the Complete Streets ordinance. It makes sense to allow bicyclists to exit the ferry and go up Main Street. She was happy with increasing ways to inspire people to get out of their cars and providing additional ADA compliance. A concern she has heard in the last few days is bike lanes; experienced bike riders believe parking protected bike lanes would be best which would require moving the bike lanes adjacent to the sidewalks. She asked if that was feasible. Mr. English answered the bulb -outs protrude into the street so moving the bike lane adjacent to the curb would be a challenge and likely require eliminating some parking to make those transitions work. Feedback staff is looking into on the downhill sharrow is stripping a two - foot hatch pattern to keep bikes out of the door opening zone as well as shifting the bike sharrow into the roadway as a biker on a downhill section should have enough speed to ride with traffic. Mr. Hague agreed the bulb -outs definitely present an additional complication for a parking protected bike lane. Councilmember Eck appreciated that that had been explored. Councilmember Paine commented there are a lot of bikers in Edmonds and all roads are accessible to bicyclists whether they are a bike route or not. Mr. Hague agreed. Councilmember Paine referred to emails the council received about parking protected bike lanes, and asked if that would make ADA access to the Edmonds City Council Draft Minutes April 2, 2024 Page 4 Packet Pg. 34 sidewalk more difficult. Mr. Hague said that was absolutely likely. The way sidewalk access for people with different abilities is provided is via curb ramps. The proposed design would not affect curb ramps at all but parking protected bike lanes would result in additional challenges for some users. Councilmember Paine relayed her support for the bulb -outs which significantly slow traffic, noting there are main thoroughfares in neighborhood areas that also need attention. She was hopeful the schedule could move along so construction was not underway during the summer. Councilmember Chen expressed appreciation for the proposed design. He asked if the proposed configuration was only two blocks from 6' to 8' and asked about the remainder up to 5 Corners. Mr. English answered the portion done this summer would be 6' to 9ti', the section from 6' to 8t1i is a federal project and the locally funded overlay will pave the portion between 8t1' and 9t''. The portion between 9' and 5 Corners is still to be determined. The transportation plan is being updated and that corridor will be evaluated with regard to active transportation, Complete Streets, etc. In the 2009 and 2017 transportation plan, the stretch between the ferry and 5 Corners was a designated bicycle route. Councilmember Chen observed the city was tackling segments. Mr. English agreed. Council President Olson commented the project was exciting and it will be nice to have a smooth roadway. Although not always a fan of bulb -outs, she believed this was a good place for them due to the amount of small children at the fields. With regard to the bike lanes, while she appreciated the idea of trying to do Complete Streets everywhere, she did not feel the lanes on Main Street were wide, not just because of the parking but people entering and exiting the parked cars. She appreciated the restricted striped area to protect bikes from car doors opening, but the fact that cars doors will be opening and that required additional striping, she wondered with all the other road projects, if this was really a good investment. Dayton is wider and does not have as much traffic or cars entering and exiting on -street parking. She is on the email list for the Edmonds Bike Advocacy Group (EBAG) and even the most active bike advocates were not keen on what's happening on Main Street. Although striping is not the most expensive part of the infrastructure, it is still an expense that could be put toward other projects. She concluded it was not a die on the sword thing for her, but it did not seem like the best investment in terms of a bike lane on that street when there is such a good option or may already be a bike lane on Dayton. Mr. English responded there is not a bike lane on Dayton. It is a bike route, but there is no designated uphill bike lane like what is proposed on Main Street. As far as downhill, typically a biker would move into the lane because their speed would be sufficient to ride downhill in the lane. Mr. Hague advised the bike facilities on Main from 6' to 8t' will cost $668, the 800 block is slightly more expensive as it is locally funded; the cost is $4100 for a total cost of $4768. Mr. English advised the bike lane from 6t' to 8t' will cost more than that, but the grant pays the majority of the cost and local contribution is only $668. Councilmember Dotsch liked the safety features and sidewalk updates. She asked about the bike counts on Main. Mr. English answered there are no bike counts on the existing roadway. Councilmember Dotsch recalled there were bike counts for 9t1i & Bowdoin, 84'1i and 76th/212th. She drives this stretch often and sees very few bikes on that route. Dayton is a bike to health route that already has signage down to the waterfront and recalled when the 9th & Bowdoin bike route was proposed, it would connect to Dayton to reach the Sounder. Dayton is wider and does not have as many car doors opening and closing, it is not the main fire route or a main route out of town in the event of an emergency. She observed the bike lane stops at 9" & Main and wondered how a bike continued on, whether it would impact right turns, etc. Main is heavily traveled and she was concerned with telling kids Main was a safe bike route. She recommended thinking this through a little more and redesigning it. Councilmember Dotsch continued, relaying she participated in the 9th & Bowdoin meetings where Main Street was brought up as an option and people were told it was not an option and Bowdoin was a better option as it links to Yost, kids would use it more, it is a gentle slope, Main is steep, and does not have access Edmonds City Council Draft Minutes April 2, 2024 Page 5 Packet Pg. 35 8.2.a to Yost. The idea was to go from 5 Corners and down Dayton. As there is already a great route downtown, she was unsure three blocks were needed on Main. Riding downhill in the lane is a safety issue for children and reducing the parking width is concerning for things like people getting strollers out of cars and she feared larger vehicles would extend into the lane. This was not connecting to anything else and was in a vacuum. Councilmember Dotsch referred to technical difficulties with the community meeting that people were unable to access via Zoom. Making the meeting recording available to the public where they are unable to ask questions is not sufficient and she suggested in the future meetings be rescheduled so questions could be answered. With regard to the bulb -outs, at 6' & Main the centerline is being moved over, but not the other one so when traveling down Main the lanes do not line up and the same happens when driving up Main. She envisioned the lanes not matching up that would be a safety issue on those three blocks. Buses traveling north on 6't' and turning right on Main have to wait until no one is going downhill to turn. She recalled a bus that was unable to make the turn due to the bulb -out. On 8', the bus swings out toward the field to turn. The proposed configuration would compress the travel lanes and push vehicles toward each other. She liked the idea of increased safety such as the bulb -out on the south side of 8' similar to Olympic & Main but was unsure the bulb -out needed to be as big on the southwest corner of 8'. She commented PUD or the fire department already paved that and she wondered if those sidewalks would be torn up and redone. She did not support the bike lane. Councilmember Tibbott asked about the width of the parking on Main west of 6'. Mr. English answered when the section from 5'i' and 6' was rebuilt, the parking was reduced to 7 feet, the same as this proposal. Councilmember Tibbott said a 6-foot bike lane seems wider than usual. He asked the width of the bike lane on 76' Avenue. Mr. English the bike lane on Main is proposed to be 6 feet due to the adjacent parking; the bike lane on 76'a' is 5 feet. The bike lane is typically wider when adjacent to parking. Councilmember Tibbott asked whether the federal grant funding was contingent on having bike lanes. Mr. English answered the federal grant covered the overlay, bulb -outs and ADA compliant ramps. The bike lanes were a component of the TIB grant. Councilmember Tibbott summarized the TIB grant which staff is relying on for funding of this project is contingent on bike lanes on Main. Mr. English answered bike lanes were one of the components that helped secure that grant. Councilmember Tibbott said he was completely opposed to bike lanes on that stretch. It seemed like a complete stretch to put bike lanes on three blocks with nowhere to go. He has ridden a bike quite a lot on Main Street, specifically in that section and all the way up the hill. Depending on the time of day, it is completely safe without bike lanes. He was dubious about putting bike lanes on three blocks when there is no place to go on either end. He preferred to prioritize Dayton Street and suggested the TIB grant could be used for additional signage or sharrows on Main. He asked what it would take to eliminate the bike lane from this design. Mr. English answered it would just be the striping that is seen today along that stretch. Councilmember Tibbott observed the project would still do the bulb -outs and ADA ramps and eliminate the sharrows. Mr. English agreed, advising there are sharrows on the portion from 5' to 6' when that was rebuilt so there would be no connection to those existing bike sharrows. Main is identified as a bike route in long range planning. Councilmember Tibbott questioned whether it was, noting Dayton and Bowdoin were bike routes. Mr. English said Main is designated as a bike route in the transportation plan. Councilmember Tibbott suggested the plan needed to be changed, commenting Main to the ferry did not seem like a good bike route. Mr. English said he did not want to argue, but Main is designated as a bike route in the transportation plan which was publicly vetted and approved by the council at that time. Mr. English advised staff met with EBAG and they provided a letter of recommendation to add these facilities. Mr. Hague recalled there was a lively discussion specifically about downhill cyclists and the dreaded door zone. That is something staff is still looking at and discussions about the door zone led to Edmonds City Council Draft Minutes April 2, 2024 Page 6 Packet Pg. 36 8.2.a reading studies about cyclist behavior in cities around the country. Other than that, there was no pushback from EBAG about the uphill bike lane. The only request was for a parking -protected bike lane. Councilmember Tibbott said he will reread the minutes from EBAG and contact his friends in that group to learn more. He is in favor of eliminating the bike lane and asked what council action would be required to do that. Mr. English answered there would need to be a discussion amongst councilmembers about the council's wishes regarding the bike lanes. If the bike lanes are pulled, there would also need to be discussion with the TIB Board regarding how that would impact the grant. Councilmember Nand referred to the proposed section, commenting she transports her father who is wheelchair bound and the buffer created by the bike lanes is vital for congested streets. When transporting someone who uses a wheelchair, you never want to parallel park because it is very difficult to get the wheelchair and the disabled person out. Having the bike lane is good for bicyclists and for drivers parking there, especially families with young children using strollers or people with disabilities who need to get special equipment in and out of their car. Her family has lived near 76' SW since she was 12 and when she was growing up, kids would bike on the sidewalks. Now it is terrifying to see kids biking in traffic, sometimes with their parents. When the bike lane was constructed on 76' near Lake Ballinger, people started using it, but until it was there, it might not have occurred to most people to bike to the lake instead of driving. It is often after the infrastructure is built that people will utilize multimodal transportation. She was in favor of retaining the bike lane on Main Street because the streets are very congested, and there are families and people of all ability levels parking and getting in and out and trying to get to the FAC, the library, the Boys & Girls Club, the FAC fields, Civic Playfields, etc. This area has high pedestrian use and possibly if people see the bike lanes, they will feel it is safe to allow their children to ride their bike to the playfield instead of driving them. Councilmember Eck commented it would be helpful to understand the funding sources and how flexible they are. It's possible some of the funding may be lost depending on council's decisions. She also expressed interested in reviewing any safety analysis that has been done. 2. MUNICIPAL COURT ANNUAL REPORT Municipal Court Judge Whitney Rivera introduced Court Administrator Uneek Maylor. Judge Rivera reviewed: • 2023 Summary 0 3,481 cases filed in Edmonds Municipal Court ■ Consistent with number of cases in 2022 - SB 5536 (made knowing possession of a control substance a gross misdemeanor charged in municipal court) going into effect in July 2023 was anticipated to result in a large influx of cases, but that did not occur. o Case type breakdown ■ 1956 traffic infractions ■ 31 non -traffic infractions ■ 949 parking infractions (down from 2022 due to change in the way citations are filed for parking infractions) ■ 75 DUI cases ■ 51 criminal traffic cases ■ 419 criminal non -traffic cases (includes 70 domestic violence cases) • How a criminal cases proceeds Edmonds City Council Draft Minutes April 2, 2024 Page 7 Packet Pg. 37 8.2.a Arraignment Pretrial Hearing Continuance Disgositian Guilty Plea, SOC/Pretrial Diversion Motigns/Set Trial C,RLJ 3 5 & 3 6 Sentencing Guilty - Senencino Not Guilty Maximum 5 years or 2 Maximum 5 years or years probation 2 years probation Jury Trial Case dismissed vith prejudice • 2023 Hearings by Type 0 838 arraignments 0 102 bench warrant quash hearings 0 116 competency reviews 0 72 ex parte hearings 0 120 guilty plea/sentencing hearings 0 48 motions without testimony 0 10 motions with testimony (e.g. CrRLJ 3.5/3.6) 0 2,125 pretrial hearings 0 295 sentence compliance review hearings (i.e. probation violations) 0 1 jury trial • Interpreters in Court o Primary languages spoken by court users American Sign Language Korean Amharic Marshallese Arabic Moroccan Spoken Mongolian, Halh Arabic, Standard Panjabi, Eastern Cham, Western (Cambodian) Portuguese Chines, Mandarin Romanian Chinese, Yue (Cantonese) Russian Chuukese Samoan Farsi, Western Somali Fijian Spanish French Swahili Haitian Creole French Tagalog Hindi Thai Indonesian Tigrigna Japanese Vietnamese Ms. Maylor commented many city departments have professional services built into their budgets; the court's professional service budget is primarily for interpreters. The long list of interpreters may be the reason for the amount of the court's professional service budget. Judge Rivera continued: • Continuing to improve access for Limited English Proficiency (LEP) Court Users Edmonds City Council Draft Minutes April 2, 2024 Page 8 Packet Pg. 38 8.2.a o Focus on taking concrete steps to provide equal access to justice and court services/programs regardless of an individual's ability to communicate in English. o Finalize EMC Language Access Plan (LAP) o "I speak" cards o Started process of translating court forms o Navigating complicated issues involving interpreters Community Court Update o Ongoing state funding to support therapeutic programs in limited jurisdiction courts o Releasing individuals directly to custody from Community Court o Needs based assessments o Stipulated Orders of Continuance (pretrial diversion) involving accessing services and completing community service hours o Kudos Hearing Scheduled for August 12, 2024 at 1 pm Probation Services and Moral Reconation Therapy (MRT) classes o Two week MRT classes o Since beginning the program 159 successful graduations 0 94% have no subsequent DV convictions 0 90.5% have no subsequent convictions of any kind Passports o In January 2023, changed from an appointment system to a walk-in system for passport processing o Processed 128 passports in 2022 using appointment system o Processed 1,401 passports in 2023 (nearly 11 times as many) o Generated $49,051 revenue for the City Looking forward o School zone cameras began issuing infractions in February 2024 ■ Prosecutor contract did not include representing the City on school zone cameras ■ Averaging approximately 300 infractions per week ■ Results in an approximate annual increase of 12,000 parking filings ■ Significant impact to pro se infractions calendar and written statements Councilmember Paine congratulated Judge Rivera on her appointment to the Snohomish County Superior Court and said she would love an invitation to the robing ceremony. She thanked Judge Rivera and Ms. Maylor for unsnarling the passport situation and issuing substantially more passports. She was proud of the work the team is doing, from the prosecutors to the defenders and the court staff on stipulated orders which move things along and make things clear for low risk infractions. She noted there were 28 languages on the interpreter lists and recognized that some people can speak their language but are not literate in the language. Councilmember Paine asked how much the court was able to obtain in 2023 via grants. Judge Rivera said they are technically not calling it a grant as it is ongoing funding from the state that the court does not have to apply for annually. The court reports to the state how it is being used, but do not have to complete a grant request. She recalled it was approximately $126,000. Councilmember Paine observed the court does a lot with that funding. Judge Rivera was very proud of what has been done with community court, starting with an idea of providing services and getting a structure built around it. It is amazing to see the transformation of some of the people who come through community court. Councilmember Eck congratulated Judge Rivera on her appointment. She was grateful for the community court and for the court's hard work. She was pleased to see the outstanding success rate from MRT. She requested the council be informed about Kudo hearings so councilmembers have an opportunity to attend. Edmonds City Council Draft Minutes April 2, 2024 Page 9 Packet Pg. 39 8.2.a Councilmember Nand thanked Judge Rivera for stepping in when the EMC lost Judge Coburn. She was proud the City has been able to retain community court under Judge Rivera's leadership, especially when other jurisdictions chose to end their community courts. She was surprised to see Fijian as one of the languages the court encounters. Her family is from the Fiji Islands and most people grow up speaking the Queen's English. She gave the court kudos for having an Fijian interpreter. She recognized the importance of ensuring interpreters providing those services are certified and competent. She recalled from Judge Rivera's presentation that community court provides food and transportation and asked if the court has the ability to provide housing referrals for people who are unhoused. Judge Rivera said the community court would love to provide housing referrals but she was uncertain what resources were available. Councilmember Nand relayed there are private Oxford Houses in north King County and Snohomish County and other organizations taking in the unhoused. It can be difficult to place some people, particularly adult males experiencing addiction, in a controlled setting. Judge Rivera said the court has discussed with Mayor Rosen expanding the court's relationship with law enforcement assisted diversion (LEAD) and Ashley Dawson who restarted that program in Snohomish County after it went dormant and who has access to a number of resources beyond what the court has access to. The court hopes to continue building that relationship and have been in conversation with attorneys about having someone from LEAD at community court, even setting some property crimes directly to community court rather than to municipal court for an arraignment and then to community court. She offered to chat with Councilmember Nand about those ideas, recognizing housing was a huge barrier to many court users. Court users can set up appointments with a substance use disorder evaluator and/or a mental health treatment provider, but if they don't have a roof over their head, it is difficult to be successful in accessing services. Councilmember Nand said even a safe place to take a shower before going to an appointment and a place where no one will steal your stuff. Councilmember Nand suggested the administration provide support through the human services referrals. She was excited about the upcoming opportunity with the America's Best Hotel and was interested in how the city and administration can support the vital, lifesaving work the community court is doing. Councilmember Chen thanked Judge Rivera and Ms. Maylor for the good work done through the court system. He was impressed by the interpreter program, recognizing how challenging that can be. He relayed his experience taking his mother to the hospital and using an interpreter who was not accurately interpreting what the doctor said. He recalled an inquiry last year about the possibility of offering passports at the Highway 99 space as well. Judge Rivera explained Ms. Maylor worked with the state to get that set up and when it was scheduled to begin in January 2024, the state indicated there had been a miscommunication and they did not allow that many locations in such a small geographic area. A passport fair is allowed on a periodic basis which is something staff plans to do. Councilmember Chen asked of the 419 criminal non -traffic cases, how many were youth 18 and younger. Judge Rivera answered none of them would be 18 or younger; those go to juvenile court. The only juveniles the EMC hears are driving offenses under Title 46. For example, if a 16-year old who receives a reckless driving charge would come to EMC, but if they received a theft in the third degree, they would go to juvenile court in Everett. Mayor Rosen thanked Judge Rivera for her dedicated service to the people of Edmonds and wished her great success at Snohomish County Superior Court. Judge Rivera explained she applied for a Superior Court position and was notified she was selected and it was announced today. It is bittersweet because she loves her EMC team and is very proud of the work they have done and the work the City does. She will be in EMC for one more month before moving to Snohomish County Superior Court. ADJOURNMENT With no further business, the special council meeting was adjourned at 6:53 pm. Edmonds City Council Draft Minutes April 2, 2024 Page 10 Packet Pg. 40 8.3 City Council Agenda Item Meeting Date: 04/16/2024 Approval of Council Minutes April 2, 2024 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 2024-04-02 Council Minutes Packet Pg. 41 8.3.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES April 2, 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 Todd Tatum, Comm., Culture & Econ. Dev. Dir Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 7 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 Eck 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. PRESENTATION 1. ANNUAL REPORT FROM THE ECONOMIC DEVELOPMENT COMMISSION Community, Culture & Economic Development Director Todd Tatum introduced EDC Chair Nicole Hughes and EDC Vice -Chair Kevin Harris. He explained the code requires the EDC to provide an annual update to the council. The International Economic Development Council defines economic development as improving the economic wellbeing of a community through efforts that entail job creation, job retention, tax base enhancements and quality of life. The powers and duties of the EDC in City code 10.75.030 state the EDC is empowered to advise and recommend to boards, commissions, council and mayor on matters related to strategies, programs or activities intended to generate economic development and subsequently increase jobs and municipal revenue. This last year has shown how vitally important these tasks are for the city and how far collectively this needs to go in the near future. The region, community and the city's Edmonds City Council Draft Minutes April 2, 2024 Page 1 Packet Pg. 42 8.3.a finances are in the midst of substantive change which will require effective prioritization, collaboration and communication. Boards and commissions are key partners in this effort, not a staff replacement, but as community connectors. The EDC, the council's appointees, have proven time and again their level of commitment, depth of experience and willingness to pitch in on tough problems. EDC Chair Hughes explained the packet includes the EDC Report to City Council and tonight's presentation will highlight narratives and themes of the work the EDC has been doing that center around, 1) neighborhood business districts & infrastructure, 2) engagement in City -led initiatives, and 3) collaboration with Edmonds leadership boards and commissions. The report also includes background on the driving values and principles for the EDC's work to illustrate their commitment to driving their work through a diverse set of thoughts, background, and experiences. She invited the council to think about ways the EDC can continue to engage and elevate that interaction between partners such as staff, city leaders, the public, boards and commissions. EDC Vice -Chair Harris provided examples of work the EDC has done in the past year to illustrate the EDC's engagement. First, a walkabout related to the Landmark project. This is a contentious neighborhood issue; the question was how to civilly engage residents, elected officials, staff and others to come together outside of city hall and walk together to engage and learn from each other. Approximately 35 people including councilmembers and councilmember-elects, residents, etc. participated in the walk. Natalie Seitz, who lives in the area and is very knowledgeable about the issues, led the walk which ended with a debrief in the parking lot of the Burlington site. After the walk, people reported how effective that different type of engagement was. Residents had an opportunity to speak, staff engaged in dialogue and answered questions. The EDC intends to use this type of creative concept to continue to deepen public engagement on issues the EDC is involved in. The Landmark is project based but the larger concept includes community renewal on Highway 99 which the EDC hopes to be big part of in whatever way that moves forward. Vice Chair Harris described a second example of the EDC's work, the Edmonds Business Booster Portal (http://edmondsbizbooster.com/). This effort began a couple years ago with the former Community Services/Economic Development Director Patrick Doherty and the Chamber of Commerce who developed a barebones skeleton of the website. The website is a one -stop resource, a navigation site for startups, existing businesses, entrepreneurs, etc. to provide a menu of options and business resources. He relayed the experience of a young Latino gentleman doing landscaping work and when someone directed him to the Business Booster, that was the first time he recognized he had a business. The EDC took the website through two different iterations to version 2.0 and it is probably ready to be transformed to version 3.0. With a little attention and love, the website can provide information to many. He envisioned high school and college students using the site to imagine themselves as future business leaders and realize help is available. Mr. Tatum expressed appreciation for the EDC's role and reaction to the issues surrounding the Landmark project with real curiosity. Their walking tour brought the community together in an open manner to discuss issues, problems, etc. The conversations at the walking tour provided a punctuation point in the conversations about the Highway 99 area that focused on people and reaching solutions. The comprehensive plan includes an economic development element, a key chapter that brings together a lot of things. With regard to the definition of economic development, some things were done well in the past year, but the mark was missed on others and south county is a different place than it was 10 years ago. An EDC subcommittee meets regularly to shape the economic development element and the entire EDC is involved in deep policy level discussions about job creation, tax base enhancements, and quality of life which will be presented to council mid -year. He relayed how impressed he was with the depth, professional capabilities, willingness and collegiality of the EDC to engage in the topic and with each other, even when there are sometimes chasms between their views on a subject. Chair Hughes commented on the EDC's collaboration, explaining coming out of the pandemic she and Vice -Chair Harris began thinking about how to get more deeply intrenched in the City's work and engage with other boards and commissions and began asking people to experience their meetings including Edmonds City Council Draft Minutes April 2, 2024 Page 2 Packet Pg. 43 8.3.a councilmembers, members of other boards and commissions, etc. The EDC appreciated the opportunity to participate in the council's budget retreat and remains committed to helping leadership with recommendations. The EDC collaborated with the planning board on economic development goals and policies in the comprehensive plan. An EDC member participates on the creative district advisory board and has had very innovative ideas about participating in tax assessments for cultural awareness programs at the city and county level. The EDC has also considered offering EDC liaisons to other boards/commissions/committees. Vice -Chair Harris explained Chair Hughes and he have worked hard in the last couple years to internally reorganize the EDC and build trusted relationships. The EDC plans to consider and expand its formal liaison and informal relationships with boards and commissions, service organizations and others to create systemic and operational value for the city. The EDC plans to continue communicating well, but recognizes there are opportunities to work with the council to create effective feedback loops and unlock the EDC's value for the city and better communicate with council. The EDC invites the council to engage them early; the more time the EDC has to work on issues that are important to Edmonds, the more meaningful their recommendations will be. Chair Hughes underscored the eagerness of EDC members' interest in having a positive impact on the city and this work via collaboration with council, the public, city staff and other boards and commissions. The EDC appreciates the professional staff they get to work with; Director Tatum's deep knowledge and constant assistance with helping the EDC learn about economic practices and things they need to look at to take the city into the future. She expressed appreciation for everything he and Megan Luttrell do to keep the EDC's work moving forward. She recognized several EDC members in the audience including incoming Chair Matt Cox and Vice -Chair Allen Townsend who will assume leadership of the EDC beginning with the EDC's April 17 meeting. All are welcome to attend EDC meetings which include an opportunity for public comment. Councilmember Nand commented the EDC is one of most activist boards in the city and she commended their level of outreach. Edmonds runs on its volunteers and due to the passion of boards like the EDC and Chamber of Commerce, every Saturday in Edmonds is a like Small Business Saturday. Considering the failure rate of small businesses, many small business owners consider Edmonds a place they can succeed, have longevity and earn a living wage. It is an incredible compliment to the startup culture in Edmonds that not a lot of small business owners feel the need to franchise and are willing to open their own business with the help of supportive organizations like the EDC and the economic development department. Councilmember Nand said she did not know about the Edmonds Business Booster portal, but found it pretty cool when she checked it out. That type of accelerator activity supported by the city and the taxpayers builds the city's tax base and instead of sending money to the private equity sphere and the 1%, that money is retained and supports the community and especially in the lean years, boosts the tax base and ensures the economy in Edmonds is viable. The Edmonds economy is very self-contained and includes a great restaurant scene, numerous nature opportunities, arts and culture which provides a cultural opportunity. She recalled when she first joined the council how active both Kevin Harris and Nicole Hughes were in reaching out to the council and advocating for the small business community and the city's economic vitality. Councilmember Nand asked if the Business Booster portal does referrals to service providers in Edmonds or just to larger entities. Vice -Chair Harris advised it is not a formalized referral service; it is a navigator point -to type service at this point. There has been discussion with service providers about doing analytics, checking metrics related to the number of hits the portal is getting, how service providers assist users of the Business Booster who contact them, etc. and that may be part of version 4.0. In creating the portal, he learned a lot about how support for small businesses at the national and state level has waxed and waned, primarily waned over time. Edmonds City Council Draft Minutes April 2, 2024 Page 3 Packet Pg. 44 8.3.a Councilmember Nand commented on awareness and suggested connecting with the Foster Business School and/or business resources at Edmonds College, many of which have clinics that collaborate with small businesses and startups. Vice -Chair Harris advised he is faculty with both WSU and UW and knows people at the Foster School. The EDC wants their meetings to be a creative space for everyone including council. Councilmember Nand relayed she attended the walking tour, acknowledging the amount of work it requires to facilitate something like that. She found it incredibly enriching and thanked the EDC and staff for their work organizing it. She commented Edmonds has done remarkably well compared to cities in the area with regard to small businesses surviving the pandemic, especially in the Edmonds bowl/historic downtown business district where there are few empty business storefronts. She wondered if the comprehensive plan process includes ways to fill empty storefronts in the Highway 99 community and other neighborhood business districts that were negatively impacted without displacing existing small businesses and residents, especially in minority neighborhoods. Mr. Tatum answered yes, but there is a fair amount of work to do in the comprehensive plan with respect to displacement and equity. He recognized the importance of businesses in neighborhood hubs and centers thriving as they do downtown. The next couple months will include a deep dive into equity and displacement and focusing against those. Councilmember Nand expressed her appreciation for Chair Hughes, Vice -Chair Harris, Mr. Tatum and Ms. Luttrell for their incredible work to make the EDC a vital force in the community. Councilmember Eck, council liaison to the EDC, said she has been honored to get to know the members of the EDC. She agreed with the professionalism on the EDC, recalling after her first meeting remarking how well the EDC members get along, and treasure each other's ideas, skills and experiences in a collegial manner. She thanked Mr. Tatum for his input during tonight's presentation. She offered to assist with cross- pollination and reaching out to the DEIA community, recognizing the opportunity for collaboration. She congratulated incoming Chair Matt Cox and Vice -Chair Allen Townsend, expressing her excitement over what their new terms will bring. She also offered to assist with informing council and providing council feedback. She thanked Chair Hughes and Vice -Chair Harris for their commitment to the EDC. Councilmember Paine thanked Chair Hughes and Vice -Chair Harris and all the EDC members for their service. The EDC has consistently punched above the community's expectations including the walk and dialogue about the Landmark project and collecting ideas from councilmembers and community members. She agreed almost every day is a shop local day in Edmonds which is very fortunate. The fairy dust and magic in the downtown core needs to be spread further out to make the neighborhood commercial areas stronger and add economic diversity across the City. Highway 99 has a lot of interesting opportunities and the EDC has the right team to make that happen. Councilmember Chen agreed with the other councilmembers' comments, thanking Chair Hughes and Vice - Chair Harris and the entire EDC team for their hard work. The EDC has done a lot during the past year including involvement with the comprehensive plan, the Landmark project and other community engagement. He asked for an update on the relocation of city hall and police station. Chair Hughes answered the outcome of the EDC's work was a recommendation to think about buildings the city owns, not just city hall, but every plot of land the city owns and whether they are being used to the best and highest ability and whether they are serving the intended neighborhood. The EDC would love to pick that up again if there is an appetite for considering the location of services and property the city owns. There may be opportunities for development, bringing services to other areas of the city, etc. She summarized the EDC has not done any additional work on this topic, but could if there was interest in it. She recalled that memo was provided to council in 2019 or 2020; there may be new factors to consider post -pandemic. Councilmember Chen said although he did not speak for the entire council, it was not just an appetite, there was a need. There are public safety and economic development considerations in looking at relocation and realignment of city services. Councilmember Dotsch thanked Chair Hughes and Vice -Chair Harris for reaching out and gathering information as a part of their work. She congratulated incoming Chair Matt Cox and Vice -Chair Allen Edmonds City Council Draft Minutes April 2, 2024 Page 4 Packet Pg. 45 8.3.a Townsend and looked forward to the coming year. She was impressed by the EDC members' diverse backgrounds and willingness to discuss ideas. She also recognized Mr. Tatum's efforts. She looked forward to the EDC's engagement in the comprehensive plan process. She is passionate about the business cores in the city, relaying her experience in Shoreline where businesses were replaced by apartments. She wanted to be intentional with regard to small, family owned businesses that make Edmonds special and considering how to retain what makes Edmonds special while generating more revenue, jobs and opportunities. Mayor Rosen remarked economic development are two of his most favorite works. He thanked the EDC for their work and their report. 5. APPROVAL OF AGENDA COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. Councilmember Tibbott requested Item 8.5, Resolution Concerning Reestablishment Workplan of the Edmonds Downtown Business Improvement District, be removed from the Consent Agenda and moved to Council Business Item 9.3. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Darrol Haug, Edmonds, EDC member, commented he was appointed to the first EDC 15 years ago by former Councilmember Peggy Pritchard Olson. At the time, the commission consisted of 17 commissioners, 2 councilmembers and often all councilmembers and the mayor attended meetings. One of the key pieces of work done by that EDC was a two-year effort by the council, planning board, staff and the EDC to engage more than 2,500 people to produce 85 action items for the strategic action plan. Council first approved the strategic action plan in 2013 and reviewed and reapproved it in 2015. Page 62 of the strategic action plan includes an item entitled financial sustainability. Budgeting by priorities was the key item and rated by the public as high or very high with 79% of people supporting it. It was to be implemented in two years and would have been completed by 2015. Council has visited budgeting by priorities at most retreats since that time but has not yet approved implementation. Page 65 of the strategic action plan includes a chart from the 2009 budget with projections out to 2021 that show expenses exceeding revenues. Key to budgeting by priorities is citizen engagement to help council, staff and the city identify and prioritize essential and non- essential services. Implementing budgeting by priorities as approved by council in 2013 would likely have found and fixed many of the problems the city is facing today. He urged the council to proceed as quickly as possible with the key portion of budgeting by priorities, deep citizen engagement. Sam Bryan, Edmonds, referred to a letter written by he and several other residents to express their opposition to 5 and 4 story apartments in the growth alternative and to communicate what they would prefer. While walking in the neighborhood, they gathered over 80 signature from other neighborhood residents who agreed with their opposition. That letter was emailed to all councilmembers yesterday. The letter expressed their opposition to both alternatives which include 5 and 4 story apartments in Five Corners. In talking with neighborhood residents, not a single person thought this was the right approach and that ultimately their presence would prevent current and future residents from enjoying an aspect that many people cherish about Five Corners. This aspect is easy to overlook when doing density exercises on paper and some may not realize it until they live in Five Corners. This characteristic has kept many residents in the neighborhood and if preserved will retain future residents. It was not the reason he moved to the neighborhood five years ago, but is one of the reasons he stays. The letter concluded with a request to limit building heights in Five Corners to a maximum of 3 stories if zoning is necessary as well as a call for more proactive engagement on this matter with the residents in Five Corners. Less than 5 of the 80+ people who signed the letter had heard about the proposal, worrisome because the parcels analyzed for upzoning will Edmonds City Council Draft Minutes April 2, 2024 Page 5 Packet Pg. 46 soon be locked into a DEIS that cannot be changed. He worried if the DEIS ruled out enough parcels, the city would be cornered into 5 and 4 story apartments in Five Corners. He did not see the benefit of analyzing basically the same proposal twice in the DEIS and instead suggested having at least one proposal that includes some different parcels to provide an option to spread out the density which may allow lower building heights. He relayed the Five Corners residents' strong desire to keep building heights at 3 stories or less and asked that the city council and planning board ensure their feedback is incorporated into the proposals. He spoke with many neighborhood businesses in Five Corners who also had not heard about these proposals; they also had concerns and wrote letters to council. He hoped the council took time to read all the letters that were submitted. Erica Miner, Edmonds, added to Mr. Bryan's concerns for Five Corners. Five Corners is an example of what the city pledges to do to preserve the character and unique atmosphere of Edmonds. It is a very special, small, intimate place, a postage -stamp compared to other areas being considered for high density. With such a "pocket" neighborhood accessed by small, 2-lane roads, the infrastructure would be prohibitive for the proposed high density housing and cannot support high density in ways that other areas can such as the Highway 99 corridor. Five Corners also has two major schools and hospital within a mile; building up the small area of Five Corners and the increased traffic would be detrimental to children walking to/from school and people accessing the hospital. She was also concerned about the parking garage that would be required under any housing as no one knows what is underground. All these elements indicate that Five Corners is not the right area for high density housing. Mr. Kim, owner of 5 Corners Teriyaki, referred to information Mr. Bryan provided him last week regarding the city's development plans. As he does not understand the city's process, he has concern with the future of his business. He has not followed the city's project and has invested a lot of money in his business. He asked about the city's plan for him and others. 7. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FOR FILING 2. WRITTEN PUBLIC COMMENTS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF SPECIAL MEETING MINUTES MARCH 19, 2024 2. APPROVAL OF COUNCIL MINUTES MARCH 19, 2024 3. APPROVAL OF SPECIAL MEETING MINUTES MARCH 26, 2024 4. COUNCIL CONFIRMATION OF TREE BOARD APPOINTMENT 5. RESOLUTION CONCERNING REESTABLISHMENT WORKPLAN OF THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT 9. COUNCIL BUSINESS 1. RESOLUTION PROVIDING DIRECTION FOR COMP PLAN DRAFT GROWTH ALTERNATIVES Council President Olson expected this to be a brief item as it was primarily housekeeping. She wanted the public and councilmembers to be aware that Tuesday, April 9, which is typically a committee night, will include a special meeting in council chambers beginning at 7:30 pm which will include an agenda item related to the comprehensive plan growth alternatives. A cost impact is anticipated if council chooses to delay beyond April 9; more information will be provided at the April 9 meeting. Assuming the council will Edmonds City Council Draft Minutes April 2, 2024 Page 6 Packet Pg. 47 move forward with council business that evening, a draft resolution needed to be prepared in advance that includes spaces for the draft alternatives the council chose. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER NAND, TO DIRECT THE CITY ATTORNEY TO DRAFT A RESOLUTION THAT WOULD PROVIDE A FRAMEWORK FOR COUNCIL'S ANTICIPATED DIRECTION DURING THE APRIL 9TH SPECIAL MEETING REGARDING THE DRAFT GROWTH ALTERNATIVES. Council President Olson explained some councilmembers and members of the public were concerned with the council taking action that night. There will be a cost associated with delaying beyond April 9; the cost may be worthwhile and that information will be provided at that meeting or before so that the council can make that decision knowing the cost implications. The council may be ready to move forward at that meeting so having a draft resolution prepared would be helpful. Councilmember Nand expressed support for the motion for the reasons Council President Olson stated. This is not council action, it is only direction to have a draft resolution ready in case the council chooses as a body to take action on April 9. It is important to be prepared especially due to the cost impact of delaying. Councilmember Dotsch agreed the draft resolution was necessary, relayed her concern that the council usually has more than one touch on an item. She advocated for another touch at the regular council meeting the following week. This is a lot of information and it appears a lot of people haven't been engaged in the process and did not know about it and it is better to do a good job rather than a rushed job. Councilmember Paine requested the scope of the EIS also be provided with the contract. MOTION CARRIED UNANIMOUSLY. Council President Olson explained the second motion is to limit audience comment to the subject of the comprehensive plan growth alternatives at the April 9 meeting because there is a lot of information to cover and it is important the council has time to delve deeply into the subject at that meeting. The council does not typically limit audience comment so she wanted the council to vote on aspect. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO LIMIT AUDIENCE COMMENTS AT THE APRIL 9 SPECIAL COUNCIL MEETING TO THE SUBJECT OF COMPREHENSIVE PLAN GROWTH ALTERNATIVES. Councilmember Nand asked if such a restriction would be more appropriate for a public hearing versus general comments. City Clerk Scott Passey answered the council could call a public hearing, but that process requires 2-3 weeks advance notice. Conversely, the council can vote to have comment on a single subject, a de facto public hearing but not an official public hearing. Councilmember Nand said she understood the time constraints Council President Olson is attempting to address, but did not think the payoff of saving a few extra minutes if someone wants to make a general comment was enough to justify limiting general audience comments to a single subject. If a public hearing had been scheduled and audience comments was not included on the agenda, she would have been supportive of that. She reiterated limiting public comment and potentially shutting out someone who was passionate about something and that was the only meeting they could attend would not be enough of a payoff or time savings. Councilmember Paine asked about the meeting start time and end time. Council President Olson answered it would start at 7:30 pm and was scheduled to end at 9:30 pm. Edmonds City Council Draft Minutes April 2, 2024 Page 7 Packet Pg. 48 8.3.a Councilmember Chen shared the concern about limiting public comments. This topic is very important to the city's future growth and development. If more time is needed, he was willing to schedule another special meeting. He did not support the motion. Council President Olson clarified this is typically a committee night that does not have any audience comments so limiting public comments at a special meeting for the purpose of dealing with the comprehensive plan draft growth alternatives is an appropriate step. Councilmember Eck expressed support for the motion. April 9 is not a regularly scheduled council meeting and is regarding a single subject on which public comment will be accepted. Councilmember Dotsch said while she understood the time constraints, she was unsure who determined whether a public comment was pertinent or not. Growth alternatives affect a lot of people and in different ways and she wanted everyone to be able to participate. UPON ROLL CALL, MOTION CARRIED (4-3) COUNCILMEMBERS ECK, TIBBOTT, AND PAINE AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS CHEN, DOTSCH, AND NAND VOTING NO. 2. STATE OF THE CITY RECAP, FINANCIAL RESILIENCY, AND NEXT STEPS Mike Bailey, Financial Consultant, explained it was not his intent to do a recap of the State of the City Address which was handled very capably by Mayor Rosen, but to use it as starting place for the discussion about the path forward. He presented a PowerPoint entitled City of Edmonds Fiscal Fist Aid Council Update and Check -In: • Current Status and Lessons Learned o Government Finance Officers Association (GFOA) 12 step "Fiscal First Aid Methodology Stages of Financial Recovery Bridging Reform Transform Recovery Leadership 1 Recogn-V 11 Manage Recovery Progran 7 R Plan 9 L_V Tenn FnarKial Planning 8 Longer -Term Thempres . % Res`gencY Flnanc DefaiMd F inancie srs B Di nosis 12 \,Sustainabiliry Fiscal First Aid Bnkruptcy, Receivership -� ♦ Time♦ Decline Distress Stabilization Recovery Financial Health Stages of Financial Condition o Discussions and Conclusions Thus Far 1. Recognize — Council recognized this issue last summer / fall a. Invoked a "fiscal emergency" per policy 2. Mobilize — Mayor mobilized a Blue -Ribbon Panel ❖ Mike Bailey, CPA ❖ Erin Monroe, CPA ❖ Troy Rector, CPA, CGMA ❖ Carl Zapora ❖ Rick Canning •'• Scott James, CPA Edmonds City Council Draft Minutes April 2, 2024 Page 8 Packet Pg. 49 8.3.a ❖ Darrol Haug 3. Generic Treatments - Mayor initiated numerous treatments 4. Initial Diagnosis - See following slides 5. Fiscal First Aid o External Impacts ■ Between 2020 and 2024 Consumer Price Index increased 20%. ■ State 1 % restriction. ■ State requirements. Decisions Impact (Millions) RFA Funding from ARPA $6.25 Contra -Account $3.20 Sub Total "Problem" $9.45 20% of General Fund Additional Unbud eted Impacts Examples include: Negotiated union contract, additional police cars and technology, replenishing deferred bldg. Maint. fund, library repairs, new financial software, staff additions, staff salaries. $3.05 Revised Sub Total "Problem" $12.5 Additional Unbud eted Impacts Using reserve funds $8.0 Total problem $20.5 Councilmember Nand recalled discussion during the 2022 budget about using ARPA funds for additional police vehicles. In 2023, the council heard from Public Works Director Antillon that there was difficulty filling those orders. She asked if those funds had been spent or committed at this point. Mr. Bailey answered he did not have personal knowledge about what money was spent for what purpose. He offered to find out whether ARPA funds were used to acquire additional police vehicles or if other money was used and the status of the acquisition and outfitting of police vehicles. Councilmember Nand explained the reason she asked is during the 2022 budget cycle, she proposed an amendment to fund the additional police vehicles by purchasing three per year over a three year period out of the General Fund rather than using ARPA funds. If the money hasn't been committed due to fulfillment issues, she would like to bring that forward again as a potential amendment in 2024. Mr. Bailey continued: o Internal Impacts ■ Revenues grew 27.8% over 4 years (7% annually) ■ Expenditures grew 44.9% (11.2% annually) - Inflation - New staff / higher compensation - New programs / increased level of service Total Employees by Year Igo 170 150 130 .0 go 70 50 2029 2020 2021 2022 2023 2024 —Police —Non-Police Edmonds City Council Draft Minutes April 2, 2024 Page 9 Packet Pg. 50 8.3.a Fund Balance Amendment Effect o Forecasted revenues missed target estimates in three out of the last four years ■ 2020 by -$1.6 million ■ 2022 by -$3.4 million ■ 2023 by -$2.6 million 0 Fiscal First Aid (fifth step) o Strategy ■ 2024 Reduce expenses to get through it ■ 2024 Develop strategy to replenish reserve funds ■ 2024 Develop strategy to bridge 2025 ■ 2024/2025 Budget by priorities / Zero based budgeting Continue to identify savings ■ 2024/2025 Resolve fire service costs and issues ■ 2025 Utilize new budget process to identify future needs and identify funding gaps ■ 2025/2026 Identify additional savings and any additional revenue requirements Develop strategy to bridge 2025 o Options: 1. Reduce expenses to balance subsequent budgets — 25% 2. Seek voter approval for tax increases Edmonds City Council Draft Minutes April 2, 2024 Page 10 Packet Pg. 51 8.3.a a. Could be limited number of years (maybe 1) b. Won't be the last request for a tax increase 3. Borrow (internally) for interim solution a. Take more time to develop a longer -term solution 4. A combination of the above options (e.g. reduce expenses less than 25%; include either 2 or 3 above) Councilmember Nand referred to option 2 above, commenting much of her hesitation was due to inflation and the vulnerable and marginal members of the community who are at a breaking point and if the city increases their taxes, it could result in their being priced out of the community and absorbing significant lifestyle impacts. She asked if there were any progressive tax options such as capital gains, recognizing some community members could shoulder a tax increase particularly if was limited to 1-2 years to help bridge the city's financial issues. She referred to information provided by Snohomish County Assessor Linda Hjelle regarding property tax exemptions for seniors. Citing Washington's stubbornly flat tax model, Councilmember Nand asked whether any of the tax increases, especially the temporary ones, were more progressive and less burdensome to low income community members. Mr. Bailey answered no, there were not. Washington is a very progressive state but has a very regressive tax structure. Property taxes impact not only home owners' economics but also renters' economics. Taxes remain flat due to Washington's constitutional mandate and there is no income bracket tax type concept available. Councilmember Eck commented she found the information provided very helpful and expressed her gratitude for Mr. Bailey and the entire blue ribbon panel's work. Coming from a nonprofit, many of the concepts are similar such as zero based budgeting, budgeting based on priorities, not including items in the budget that do not have funding, etc. She asked about the impact to expenditures as a result of the pandemic in 2021 and 2022. The city was not in a budget deficit and expenses were not reduced which she assumed was due to the pandemic. Mr. Bailey answered the pandemic certainly impacted governments. He was at Municipal Research Services Center at the time which provided a number of webinars for cities, counties and special districts about that topic and many of the anticipated impacts ended up being different such as increased sales taxes, significant impacts to hotel/motel tax and the tourism industry, etc. What the city is dealing with since that time is due to inflationary pressures, compensation, ability of governments to retain staff, etc. He recognized Edmonds had done studies related to compensation in recent years, but issues related to filling positions and remaining competitive may or may not be remnants of the pandemic. It is not feasible to roll back some of the costs due to the economy and competing with neighboring jurisdictions for talent and good and services. Councilmember Eck referred to options for bridging 2025 and Mayor Rosen's request for the blue ribbon panel to develop a recommendation. She asked the target for providing that recommendation. Mr. Bailey answered this check -in is to determine whether this strategy going forward makes sense and if it does, the blue ribbon panel proposes to continue to keep these questions open and bridge 2025 rather than try to solve the problem in 2025 to provide time to communicate with the community and build a budget for the future that would be a new foundation for moving forward rather than trying to fix last year's budget. That is the strategy the panel is recommending. Councilmember Eck appreciated that as well as Mr. Bailey's comments around transparency. Her recommendation for explaining this to the residents is what the city may have expected in the way of basic needs/services 20, 40, 50 years ago may be different from what people think of as basic needs now. For example, what does it mean to keep up the parks and making it clear that these are choices, there could be some very difficult choices and how does that impact residents' expectations. She suggested the city do its best to solicit feedback from across the city at public meetings to ensure the best possible input on priorities. Mr. Bailey acknowledged that was always a challenge. Councilmember Paine referred to Mr. Bailey's comment that the street fund needed some attention. Although the focus was on the General Fund, she asked if the blue ribbon panel was looking at the health Edmonds City Council Draft Minutes April 2, 2024 Page 11 Packet Pg. 52 8.3.a of other funds. Mr. Bailey answered to a limited degree. An option is to incorporate the street fund as part of the general funds; many cities have combined the two because the street fund relies on the general fund due to the types of revenues dedicated to maintaining roads are not sufficient. For example in Redmond, the street fund was incorporated into the general fund to recognize it is a general government obligation that cannot stand on its own. The panel continues to hear from citizens about concerns with utility rates and other services the city provides that put pressure on financial resources. For example, the state puts mandates on providing for the environment, and that puts a lot of pressure on cities to maintain those services at a level the state requires, but the city must turn to citizens for resources to do that. To the degree that is part of the discussion, the impact on citizens has been part of the panel's scope of work. Councilmember Paine commented it would be helpful to learn what the entire universe looks like with a special focus on the general fund. She recognized the attention to the street fund, noting it will be helpful for the council to know about concerns related to other funds. Councilmember Dotsch referred to the slide that reports revenues grew 27% over 4 years and expenditures grew 44.9%, commenting that was a bottom line for her. She recalled the city did pretty well during covid and was unsure if projections for post-covid years were accurate. The city needs to take a hard look at expenditures first, anticipating that asking residents to tighten their belts would not be successful if the city did not tighten its belt. She asked about contingency reserve funds. Mr. Bailey assured panel members have expressed the same sentiment, the city needs to demonstrate it has tightened its belt and done everything possible to provide services with the dollars provided before asking citizens for more. With regard to reserve funds, Mr. Bailey explained the city maintains two reserve funds, 1) a 16% target which has been utilized and ended the year with approximately $2 million, and 2) a 4% contingency that remains intact at the end of 2023. With regard to discussions about how fund balances have been represented in reports and whether the budget needs to be amended to recognize they are different than anticipated, in his advice to Mayor Rosen based on his experience, a budget amendment does not change fund balance; fund balance is a consequence not something the council sets via the budget. Monthly reports should be very clear about the fund balance and if the beginning fund balance differs from the ending fund balance of the previous month, an explanation should be included in the report. He recognized fund balance was a concern; the council budget authorized use of the 16% fund balance down to about the $2 million target in the budget and the 4% contingency reserve remains intact. Councilmember Dotsch referred to the cash flow analysis for 2024 which for a private business shows whether bills are being paid and where money is coming from. She wanted to be sure things were on track because according to the cash flow analysis, the city may be dipping into the contingency reserve. She noted replenishing the reserves has to be part of financial recovery. She asked if replenishing reserves was included in the plan. Mr. Bailey answered the $20.5 million target anticipates replenishing the reserve fund to the degree it was used over the last year. The $12.5 million target focuses on revenue sufficient to provide for expenditures. The $8 million reserve fund replenishment would occur over a longer period of time through natural efficiencies such as conservative forecasting of revenues and underspending appropriated budgets. That is traditionally how reserves are rebuilt; there has not been discussions about doing something outside the norm to rebuild reserves. Councilmember Chen thanked Mr. Bailey and the blue ribbon panel for their expertise and hard work to help the city identify its imbalance and opportunities to turn the ship around going forward. He referred to the Fund Balance Amendment Effect graph and asked if the costs were expenditures that did not yield the results the city was hoping for. As a small business owner, if he purchases equipment that is not effective, it is a sunk cost/waste and he learns not to do that again in the future. He asked if those opportunities were identified. Mr. Bailey answered there has been some discussion about the nature of costs that occurred over the last 2-3 years. A significant part of any city budget is personnel compensation, the city is a service business that hires a lot of people who provide a lot of services. To remain competitive in the market, compensation has to increase to attract qualified people. There has been an increase in staff providing Edmonds City Council Draft Minutes April 2, 2024 Page 12 Packet Pg. 53 8.3.a service to the community. All the costs have provided service to the community and helped add to what people enjoy. Mr. Bailey continued, unlike the experience he has had in other communities where he's been asked to help, it is not like the dollars collected by the city have been used for purposes other than providing benefit and service to the community. The funds collected have all been directed toward providing community benefit. Since compensation is such a significant part of the budget, adding personnel, costs that continue into the future, and providing market rate compensation has been the largest driver in the city's expenditures. There have also been significant increases in professional services and contract services which the panel has looked at. Some on the panel have indicated interest in looking at that more closely. He does not recommend dwelling on that as those funds were expended and provided benefit. He recommends looking forward, considering what the city should be doing moving forward and how to pay for those. Councilmember Chen agreed with Councilmember Dotsch's comment about looking at both cost reduction opportunities as well as eventually asking residents for more money. Council President Olson referred to the $12.5 million target noting the $12.5 million includes investment in deferred building maintenance and the $20.5 target includes replenishing the reserve fund. She asked about the gap in the fire contract, commenting in 2025 there is still the option of remaining under contract with the current provider. The target slide does not reflect the $6 million to cover that. Mr. Bailey referred to $6.25 million RFA funding from ARPA which is included in the $12.5 million target which recognizes the city was unable to fund the entire fire contract from the general fund. He recognized there will be an increase in the contract which would be a normal budgetary increase that the city would budget for. Council President Olson observed capital investment in the Landmark property or other properties was not shown in the targeted amounts. Mr. Bailey agreed that was correct. The panel is also interested in addressing deficiencies related to funding street improvements. Council President Olson observed that deficiency is also not included in the $12.5 million target. Mr. Bailey agreed that was correct. Councilmember Nand referred to the list of options, and recommended pursuing option 4, a combination of options. She was interested in points of flexibility to reduce expenses to bridge to 2025 without lopping off limbs, getting rid of extremely valuable public assets such as publicly owned real estate as well as the value in the city's long term workforce. One lesson from the private sector is Elon Musk taking over Twitter and thinking he could slash and burn his way to profitability, dumping an extremely valuable workforce and destroying an institution. Some of the things that were discussed at the end of 2023 were renegotiating professional services contracts and possibly deferring planned maintenance and capital projects/improvements to avoid making extremely painful permanent choices due to a temporary situation. Mr. Bailey continued: • Budget by priorities/Zero based budgeting o Don't "cut" this budget — build the right budget — zero based o Engage firm to provide budget software and facilitate o ResourceX — a subsidiary of Tyler Technologies (our software vender) ■ Mr. Bailey disclosed he is affiliated with this company o Inform City budget priorities with community meetings o Develop 2025-26 biennial budget based on: ■ Council priorities informed by community meetings ■ Zero -based budget by priorities ■ Decisions regarding fire service provision (i.e. RFA) ■ Revised revenue targets and potential community vote • Questions we will be asking the community: o What services do WE want from government? o What are our service priorities? Edmonds City Council Draft Minutes April 2, 2024 Page 13 Packet Pg. 54 8.3.a o What metrics we will use? o How do we ensure equity? o What amenities do we need? o What assumptions do we use to anticipate the future? Mr. Bailey advised the packet includes a financial planning schedule and acknowledged Council President Olson's comment that the schedule is very aggressive. Councilmember Tibbott referred to a calendar related to the budget and asked if there were recommendations related to how to fit in the decision about the fire contract. If the council decides to go to a vote in November, a decision needs to be made in June. He asked about sequencing of that in light of other budget discussions. Mr. Bailey said the schedule leaves space for that. For example, if the community votes in November to join the RFA, that could take effect in 2025 or a vote could take effect in 2026 when the contract ends. The panel has not presumed any council decisions, other than being in a position to respond effectively based on the council's decision. Councilmember Tibbott asked how those discussions were sequenced with other budget discussions. Mr. Bailey said the budget would need to presume something; at this point it likely would presume the contract would continue through 2025 which will be interesting because 2025-2026 will be a biennial budget. At the end of the day, it depends on what the voters decide to the extent there is an ask of the voters with respect to fire service or something else. Council President Olson referred to the general fund beginning fund balance and the carryforward from last year, and asked when council could expect the carryforward amendments to be provided. Mr. Bailey responded he recommended to Mayor Rosen that council not amend the budget due to fund balance; fund balance is what it is. Instead, the monthly financial reports should make it very clear what the beginning fund balance is and how that compares with what was anticipated in the budget and the consequences. Beginning fund balance ended up being a bit less was anticipated in the 2024 budget; in his experience, he provide that information to council with an explanation of why that occurred and the consequences, but he would not recommend a budget amendment. Council President Olson asked if council would see it in the monthly reports. Mr. Bailey answered that would be his recommendation. Regarding the emergency contingency reserve, Council President Olson said the city has paid its bills without using those funds yet. Mr. Bailey recommended the council consider clarifying the policy regarding use of monies from one fund to pay bills in another fund. For example, the street fund ended last year in a fund balance deficit so money is already being borrowed from one fund to pay bills in a different fund. What is missing is council policy around that issue, something Councilmember Chen, City Attorney Jeff Taraday and he have discussed. It provides an opportunity for council to clarify how they want staff to handle that circumstance. As it was explained to him, staff is currently using monies from other funds to provide for cash flow deficits at month end when they occur in the street fund and general fund. As a finance director, he would be more comfortable if council was clear how to handle that administratively; at this point it is handled administratively on the council's behalf, but in a way that is consistent with the policy he would recommend. In other words, funds that are using monies from other funds are paying interest to the other fund and the monies from funds with surpluses are gaining interest so the mechanics are being handled correctly. It would be better if there was clarity that the council has expressed that that is a permissible practice and the council's expectations with regard to being advised when that is occurring, where it's occurring and for how long. Council President Olson asked Mr. Bailey, as a municipal financial professional, what he would recommend regarding using monies from other funds versus using the contingency reserve funds, why the council would make that choice. Mr. Bailey answered it was more about the nature of cash in cities. There are not separate cash accounts for each fund; there is one common pooled cash account and all the funds share that cash account and staff figures out what fund has which part of that cash account at the end of each month when Edmonds City Council Draft Minutes April 2, 2024 Page 14 Packet Pg. 55 8.3.a determining incoming revenues and outgoing expenses to reach a bottom line each month for each fund. The pooled cash fund is essentially fungible so when cash is needed for one account, it is naturally available or pulled from another account. Which account it is pulled from can be specified or just fungible where accounts pay interest or receive interest. Unless the council stated they want to know where the money is coming from, it is not something that happens in the course of day-to-day bookkeeping. He summarized if a fund had a deficit, it paid interest, if a fund had a surplus, it earned interest. Council President Olson said she would need time to mull on that. It seemed to her one of the reasons for separating operating and emergency reserve funds was to be aware when balances are entering a danger zone. The practice he described, instead of using the emergency fund, could let people fool themselves about reality. Mr. Bailey commented when monies are used from a reserve account it is because the use has been appropriated or authorized; the council has not authorized any funds from the 4% reserve account to be used by city staff so they are not using the 4% reserve for any purpose. Council President Olson appreciated that, but there have been conversations on numerous occasions whether council needs to grant that authority. Mr. Bailey said from his standpoint the answer was no at this point. With regard to the proposed software purchase, Council President Olson said some financially savvy residents asked why the purchase was necessary instead of using a spreadsheet, a valid question when the city is trying not to spend money it can avoid spending. Mr. Bailey answered the City of Redmond had a very sophisticated financial staff and in using spreadsheets. incurred a significant amount of risk to help pivot the perspective on the budget from line items in departments and divisions and funds to services, outcomes and programs. He did not recommend using spreadsheets due to the degree of risk involved. If the council feels there is a lack of clarity in the city's finances, adding spreadsheets plus implementing a new financial system and biennial budget, he recommended a plug -and -play approach versus spreadsheets. Councilmember Dotsch asked the cost of the software. Mr. Bailey answered $75,000-$80,000/year for the hosted software, a subscription similar to OpenGov. Councilmember Dotsch asked whether the city had purchased financial software that had not been used yet. Mr. Bailey answered yes, relaying his understanding that the fundamental financial system, Munis, that replaces the old Eden system, pays the bills, does all the bookkeeping, produces reports, processes payroll, etc. In addition a couple years ago the city paid for a two-year subscription for the OpenGov budgeting system which has yet to be implemented. The reasons it has not been implemented were described to the panel and at this point he recommended to Mayor Rosen that it not be implemented or that the city continue to invest in it. Councilmember Dotsch recalled transparency was an issue. She referred to the wastewater treatment plant, noting the need to lay bare the realities instead of siloing issues. She was hopeful that would be part of the broader conversation. She commented the public process in Edmonds has been very poor for quite some time. If the city plans to engage the public as partners in this process, surveys in the past have not been statistically significant and there has been very little follow up. Bellevue does a good job engaging their residents and doing follow up. She recommended something more robust to engage residents in a way that provides guidance and follow up to provide a partnership with the community. Mr. Bailey agreed Bellevue is known nationally for that. Redmond did an biannual citizen survey to inform the budget which is available on their website. One of the recommendations is some way for council to evaluate the services provided by staff to the community so performance management should be part of the council's decision -making. With regard to the treatment plant, he recommend a significant mid -year financial check -in because it is easy to get siloed and overlook things. Councilmember Nand acknowledged members of the blue ribbon panel in the audience and thanked them and Mr. Bailey for their service, noting this discussion has been extremely helpful for the council and administration. The past few budget cycles have been very unpleasant. Americans in general do not have a lot of financial education and municipal finances are very different than enterprise financing which some councilmembers are familiar with in the private sector versus household economics. She hoped this process would result in long term fiscal strategies and resiliency that was not impacted by politics and current events Edmonds City Council Draft Minutes April 2, 2024 Page 15 Packet Pg. 56 8.3.a and the council, administration and public could work together in a productive manner in a way that there were less hurt feelings. She thanked Mayor Rosen for convening the panel. Councilmember Chen echoed Councilmember Nand's appreciation for this open, candid conversation about facing challenges and finding solutions and the environment Mayor Rosen is creating where the council's questions are no longer ignored. He referred to annual versus biannual budget, recognizing the council passed a resolution to develop a biennial budget for 2025-2026. Considering the city's current situation, he asked if it would be more straightforward to have an annual budget or biennial budget, particularly with the uncertainty regarding the fire contract. Mr. Bailey answered a biannual budget certainly adds an interesting twist. He is a huge advocate for biannual budgeting as it helps the council lift the horizon and look longer term/bigger picture and that still applies. He anticipated a biannual budget for 2025-2026 would look at each year differently because the budget mechanics would be different in 2025 than 2026. They can be knit together at the end into a biannual budget which will provide more flexibility working toward fiscal resiliency moving forward. He anticipated the council would be looking at two very different years and talking about bridging 2025 and getting into 2026 with the right glide path. He anticipated by 2026 the council could anticipate being comfortable about being on solid footing and going in the right direction. Councilmember Chen said when the council made a decision to do a biannual budget the push was to hurry up to implement OpenGov, a software tool that would provide transparency. Now that OpenGov is no longer in the works, and given the current situation, he wondered if the council should reconsider a biannual budget, possibly delay it until 2027-2028. Mr. Bailey said as a practical matter, the council could do that even if at the end of the day it adopted an ordinance with a 2025-2026 budget and dealt with it annually. Councilmember Chen said a biannual budget adds complexity and the council can always repeal the resolution. Mr. Bailey said he looks at dozens of OpenGov budgets as part of his work doing peer review of budgets and it does a great job. Whether that is the right tool for the city at this time is his concern. Councilmember Chen said in comparing ResourceX to OpenGov, he was very impressed by what he saw, but he wondered whether OpenGov, ResourceX or something else was appropriate for the city. If the city switches service providers, the consultant may be different, but Edmonds has the same dedicated financial professionals. After investing $80,000/year in OpenGov with no results, he asked how he could be confident that investing $80,000 in ResourceX would provide results. Mr. Bailey was certain a lot of due diligence was invested in the OpenGov decision and it was not his place to second guess that, but circumstances have changed. In addition to the city's capable staff, including one who has experience with a priority budgeting approach, the implementation team from ResourceX would be onsite and are part of the parent company, Munis, that provides the city's financial systems which would provide some continuity. Eden was acquired by Tyler in the early 2000, Munis was a Tyler product prior to that, Tyler recently acquired ResourceX and is working to integrate that as well which would address some of the challenges with implementing OpenGov which was not as compatible with the city's other financial systems. He hoped that would alleviate some concern with investing in resources and not seeing benefits; the council should get ongoing updates regarding how ResourceX was going and whether it was meeting the city's needs. Councilmember Chen recalled when implementing OpenGov, council was kept out of the process. He recognized council was a policy -making body and not entering data and making schedules. He requested in the future a council representative be included as part of the team educated on ResourceX so the council was not kept in the dark. Councilmember Paine expressed appreciation to Mr. Bailey for guiding the council. With regard to a bridge for 2025, it seemed to imply borrowing from utility funds to provide a bridge and building a stronger program for 2026. Mr. Bailey affirmed her understanding and distinguished that from the day-to-day cash flow borrowing that he described earlier where cash is in a pool and is fungible. If council were to adopt a 2025 budget that anticipated resources from another fund in order to meet the needs of the general fund in 2025, he recommended the council formally identify the parameters of that loan, the maximum amount, how long it could last, etc. Councilmember Paine agreed, recognizing the utility fund is a ratepayer fund. Edmonds City Council Draft Minutes April 2, 2024 Page 16 Packet Pg. 57 It was her understanding that ratepayer funds are treated differently. Mr. Bailey answered they are in the same cash pool, but ratepayer funds are used to provide the services they are associated with — water, wastewater, surface water. Councilmember Paine asked the hazards of zero based budgeting. Mr. Bailey answered he is doing a workshop for another city in eastern Washington on zero based budgeting; he is recommending they not do that to solve their budget dilemma and instead use priority based budgeting. He offered to provide a white paper prepared by Jeff Way a couple years ago regarding this issue. Zero based budgeting was introduced in the 1960-1970s and President Carter brought it from the State of Georgia to balance the federal budget which didn't work. It is an overwhelming target to start with literally a blank sheet of paper and begin to determine what services need to be provided. Zero based budgeting is a great deal of work for everyone including councilmembers who have to review the work generated by staff and not all that work represents value. Priority based budgeting is meeting in the middle. Councilmember Paine recalled her public finance courses in grad school said zero based budgeting means everything has gone down the toilet and she was glad to hear that priority based budgeting was a modification of zero based budgeting. She thanked Mr. Bailey for his comments about spreadsheets, relaying she has worked in organizations that used spreadsheets. Her favorite story was a $5 million typo that was easy to find, but it is almost impossible to find a $50 typo. Better technology is cleaner and adds better vision than spreadsheets. Councilmember Paine said the schedule was as she expected. It was not necessarily aggressive but necessary. Mr. Bailey acknowledged it was aggressive but doable. Council President Olson referred to the options, pointing out the option of seeking voter approval of tax increases is off the table for this year after May; a council decision would be required by May. Due to the preference for council to have two touches, if that is an option council wants to pursue, there is very little time for decision -making and getting it on agendas. Mr. Bailey advised MRSC provides great information about other municipalities' experience with various ballot measures; he will share a synopsis at the Snohomish County Cities meeting. The secret to success is good communication with the community which takes time. That is why the panel feels bridging 2025 is in the city's best interest to allow time for a rich conversation with the community and make better decisions. 3. RESOLUTION CONCERNING REESTABLISHMENT WORKPLAN OF THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT Councilmember Tibbott proposed an amendment to the resolution in the packet. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO REVISE THE LAST WHEREAS IN THE RESOLUTION TO READ, "WHEREAS, THIS WORK PLAN IS LIKELY TO INCLUDE A VARIETY OF PROCEDURAL STEPS AVAILABLE TO REESTABLISH THE BID, INCLUDING A FIXED TERM OF DURATION, METHOD OF MEMBERSHIP RATIFICATION, APPLICABLE FEE STRUCTURE, ETC.; AND NOW THEREFORE," Councilmember Tibbott said the whereas clause addressed procedural steps and he wanted to add additional steps that would be explicitly considered. Councilmember Nand asked if outlining these specific steps in this whereas clause would limit the flexibility of the BID in how they seek their reestablishment. City Attorney Jeff Taraday said this was the first time he heard the amendment and had not had an opportunity to consider the language, but it was drafted purposefully open ended so as to not prescribe too much specificity about the exact procedural steps to recognize a general work plan would come forward. It is purposefully open ended but the council could amend it. Edmonds City Council Draft Minutes April 2, 2024 Page 17 Packet Pg. 58 8.3.a Councilmember Tibbott reread the amendment, advising he felt the word "reestablish" was too vague and does not provide enough specificity about what the BID has in mind. Councilmember Nand asked if this amendment would be in accordance with the consultant's scope of work. BID President Jen Lawson answered the BID is in the very beginning stages with the consultant so nothing has been solidified. Mr. Taraday said the statutes use the word establish and when one establishes a BID, all the details Councilmember Tibbott recited would necessarily be part of any reestablished BID. By incorporating reestablish, the council is essentially moving into the resolution by reference all the state law - required components of what is necessary to establish a BID. He was not saying the amendment was flawed, but using the word establish in this context was doing all the things the statute requires. Community, Culture & Economic Development Director Todd Tatum said the work plan will get into more specific details of what is described in the Whereas clause. He was not concerned with amended language. Councilmember Nand said her concern was it might commit the BID to more than they intended but that does not sound like the case so she will support the amendment. Councilmember Paine expressed support for the amendment to make it clearer for the council. She recognized the BID has an idea about the work plan. She was hopeful there will be a combination of the different methodologies described in the statutes. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO ADD A NEW SECTION 1 AND MOVE THE EXISTING SECTION 1 TO SECTION 2. THE NEW SECTION 1 WILL READ, "THE CITY COUNCIL REQUESTS THAT THE BID ADVISORY COMMITTEE PROVIDE AN OUTLINE OF THEIR WORKPLAN BY JULY 2024 WHICH INCLUDES A PROCESS FOR DETERMINING THE PROCEDURAL STEPS AND THEIR INTENDED METHOD FOR OBTAINING RATIFICATION OF THE PLAN OF THE MEMBERSHIP OF THE BID. Councilmember Tibbott said this relates to the reestablishment of the plan. In conversation with Mr. Tatum, they discussed that the BID would like enough time to work with a consultant, determine a process and develop a plan to present to the council. He accepted the BID will need time to develop a plan and procedure, but Mr. Tatum suggested a July 2024 date would focus the BID and the consultant on providing an outline to the council so the council understands the direction they are taking. One of the reasons this is so important is he did not want to get to spring 2025 and see a plan and then reject it because it did not adequately address his questions. Councilmember Nand agreed with requesting the BID provide the council a plan as long as it did not limit the consultant or their process. Ms. Lawson said the BID is excited to continue working with the council and providing next steps once additional information is available from the consultant. Councilmember Paine answered this will be interesting work and will provide better visibility into the intent and the workplan. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE RESOLUTION AS AMENDED. MOTION CARRIED UNANIMOUSLY. 10. MAYOR'S COMMENTS 11. COUNCIL COMMENTS Edmonds City Council Draft Minutes April 2, 2024 Page 18 Packet Pg. 59 8.3.a Councilmember Nand explained this is a very celebratory time of year; on March 24 Jewish neighbors celebrated the Festival of Purim, on March 25 Hindu neighbors which includes her and her family celebrated Holi, on March 31 Catholic and Christian neighbors celebrated Easter and the LGBTQ+ community celebrated Transgender Day of Visibility, and on April 9 Muslim neighbors will celebrate Eid al-Fitr, the end of Ramadan. She highlighted these celebrations as she prides herself on being part of a multicultural, acceptive and inclusive community. Councilmember Paine remarked all those celebrations sound like a great time. She reported the Orange Swift Line is now open, providing service from Edmonds College to Mill Creek with 10-minute headways, one of the new east -west lines established by Community Transit after a decade of planning. Implementation of the service is on time and under budget. The Orange Line will stop at the Lynnwood Transit Center where light -rail will be available beginning in September/October 2024. She attended the ribbon cutting on Saturday which included three federal representatives, the federal transit administrator, four state representatives, one state senator, and several Edmonds College trustees and other dignitaries including former Mayor Dave Earling. The opening included food trucks at Edmonds College, facepainting and henna. She was hopeful the Orange Swift line would eventually come into Edmonds. Community Transit is doing a lot to ensure there are clean, on -time, well -staffed buses. She was also interested in having the Community Transit Zip shuttle come to Edmonds. Zip shuttle can be used for short trips via an app and costs the same as the bus, $2.50. Council President Olson commented today was a great deal of visibility for volunteers. She gave a shoutout to the amazing job done by the blue ribbon panel and the economic development commission for their unique and interesting approach to public engagement, a great model for all, and the Edmonds downtown BID volunteers who do a lot of work on a regular basis for no money to keep that well-oiled machine running well. Council is conducting a town hall on Thursday, April 18 at the public works building, an opportunity to be face-to-face with councilmembers in a location more convenient for residents of the Highway 99 corridor. She reported Earth Day sign-ups are available; she was the first to sign up for the Pine Ridge Park event. Councilmember Tibbott relayed his appreciation to Councilmember Chen who raised the alarm about the budget and financial difficulties mid -year. In meetings with the administration, he was focused, not angry, brought the numbers and the reality to bear, which contributed to the council announcing a fiscal emergency. He was glad Councilmember Chen was on the finance committee and serving the city well as the council moves through a packed budget schedule. Councilmember Tibbott reported he is unable to attend the town hall on April 18 as he will be at the Snohomish County Cities meeting which includes councilmembers and mayors from 18 Snohomish County cities. He invited Mr. Bailey to speak at that meeting regarding city budgeting and financing. He looks forward to hearing about the town hall as well as sharing what he and others learn from Mr. Bailey's presentation at Snohomish County Cities. Councilmember Chen expressed his appreciation for the council's realization that the city is facing financial challenges and looking for solutions rather than diminish the reality. He commented on differences between the financial outlook in the proposed 2024 budget and the adopted budget. He was confident the blue ribbon panel, councilmembers, and community members will find a solution that works for the city and a more sustainable future. Councilmember Eck described her conversation with three community members who applied for positions on the tree board. They all brought value and the choice was very difficult. She honored their desire to contribute to the community and she hoped the residents not selected would continue to look for ways to serve on boards and commissions. She described the applicant she appointed, Ray White, semi -retired, in the field for decades, professor of fishery science at Montana State University, ecological restoration consultant, member of many organizations such as Wildlife Society Nature Conservancy, Ornithology Edmonds City Council Draft Minutes April 2, 2024 Page 19 Packet Pg. 60 8.3.a Society, Pilchuck Audubon Society, etc. and a 30-year Edmonds resident. She was excited to have his scientific knowledge, experience and passion for woodlands on the tree board. ADJOURNMENT With no further business, the Council meeting was adjourned at 9:54 pm. Edmonds City Council Draft Minutes April 2, 2024 Page 20 Packet Pg. 61 8.4 City Council Agenda Item Meeting Date: 04/16/2024 Approval of claim checks and wire payments. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #261865 through #262034 dated March 28, 2024 for $702,013.17 (re -issued check #262034 $1,430.00), claim checks #262035 through #262120 dated April 4, 2024 for $1,276,793.43 and wire payments of $6,291.76, $22,313.71 and $4,953.89. 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 03-28-24 Agenda copy Claims 04-04-24 Agenda copy Packet Pg. 62 8.4.a apPosPay Positive Pay Listing Page: 1 3/28/2024 2:20:29PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 079330 76 INVESTMENT LLC 261865 3/28/2024 7,541.32 076040 911 SUPPLY INC 261866 3/28/2024 3,416.33 070322 A&A LANGUAGE SERVICES INC 261867 3/28/2024 340.00 065052 AARD PEST CONTROL 261868 3/28/2024 373.50 000135 ABSCO ALARMS INC 261869 3/28/2024 4,353.70 069803 AIRVAC 261870 3/28/2024 2,510.80 077469 ALLEN, ROBERT 261871 3/28/2024 223.00 001528 AM TEST INC 261872 3/28/2024 185.00 079536 AMANDA HOUGH 261873 3/28/2024 2,800.00 074306 AMWINS GROUP BENEFITS INC 261874 3/28/2024 8,514.47 073573 ANIXTER 261875 3/28/2024 1,307.71 074718 AQUATIC SPECIALTY SERVICES INC 261876 3/28/2024 2,291.21 069751 ARAMARK UNIFORM SERVICES 261877 3/28/2024 175.65 069751 ARAMARK UNIFORM SERVICES 261878 3/28/2024 585.85 079353 ASPECT CONSULTING LLC 261879 3/28/2024 4,351.25 079382 ATWELL LLC 261880 3/28/2024 7,862.25 001777 AURORA PLUMBING & ELECTRIC 261881 3/28/2024 1,267.30 070305 AUTOMATIC FUNDS TRANSFER 261882 3/28/2024 3,911.56 001801 AUTOMATIC WILBERT VAULT CO 261883 3/28/2024 1,006.00 001835 AWARDS SERVICE INC 261884 3/28/2024 27.65 002258 BENS EVER READY 261885 3/28/2024 404.43 069226 BHC CONSULTANTS LLC 261886 3/28/2024 4,887.29 028050 BILL PIERRE FORD INC 261887 3/28/2024 3,352.75 078945 BIOAIR SOLUTIONS LLC 261888 3/28/2024 3,530.20 074307 BLUE STAR GAS 261889 3/28/2024 1,969.37 074994 BRINKLEY, SARAH 261890 3/28/2024 160.23 072005 BROCKMANN, KERRY 261891 3/28/2024 1,027.10 078467 BUILDERS FIRSTSOURCE INC 261892 3/28/2024 1,865.02 003001 BUILDERS SAND & GRAVEL 261893 3/28/2024 835.38 078083 BUYCE JR, RICHARD J 261894 3/28/2024 96.00 018495 CALPORTLAND COMPANY 261895 3/28/2024 422.13 073029 CANON FINANCIAL SERVICES 261896 3/28/2024 3,104.55 077353 CAPITOL CONSULTING LLC 261897 3/28/2024 3,900.00 071816 CARLSON, JESSICA 261898 3/28/2024 1,234.20 069813 CDW GOVERNMENT INC 261899 3/28/2024 2,791.23 003510 CENTRAL WELDING SUPPLY 261900 3/28/2024 224.92 071358 CERTIFIED LABORATORIES 261901 3/28/2024 259.07 063902 CITY OF EVERETT 261902 3/28/2024 1,487.70 019215 CITY OF LYNNWOOD 261903 3/28/2024 42,307.00 035160 CITY OF SEATTLE 261904 3/28/2024 33.61 073907 CLEMENS, BRYAN 261905 3/28/2024 141.36 076914 CM DESIGN GROUP LLC 261906 3/28/2024 39,296.00 078902 COLEMAN OIL COMPANY LLC 261907 3/28/2024 11,622.33 065891 CONLEY, LISA M 261908 3/28/2024 420.00 074382 CONTECH ENGINEERED SOLUTIONS 261909 3/28/2024 2,022.15 071417 CORE & MAIN LP 261910 3/28/2024 3,615.14 065683 CORRY'S FINE DRY CLEANING 261911 3/28/2024 545.42 075648 COVICH-WILLIAMS CO INC 261912 3/28/2024 388.64 005965 CUES INC 261913 3/28/2024 4,668.17 060914 CUMMINS SALES AND SERVICE 261914 3/28/2024 1,611.18 073823 DAVID EVANS & ASSOC INC 261915 3/28/2024 7,669.00 079013 DEALERSHIP GLASS AUTO GLASS 261916 3/28/2024 1,973.94 006626 DEPT OF ECOLOGY 261917 3/28/2024 1,067.89 Page: 1 Packet Pg. 63 apPosPay Positive Pay Listing 3/28/2024 2:20:29PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 064531 DINES, J EAN N I E 261918 3/28/2024 1,492.00 076172 DK SYSTEMS 261919 3/28/2024 10,456.96 065739 DTG RECYCLE 261920 3/28/2024 822.51 007253 DUNN LUMBER 261921 3/28/2024 330.09 079498 DYKMAN ELECTRICAL INC 261922 3/28/2024 3,251.60 079534 ECK, CHRIS 261923 3/28/2024 200.00 076610 EDMONDS HERO HARDWARE 261924 3/28/2024 565.70 038500 EDMONDS SENIOR CENTER 261925 3/28/2024 1,850.00 008705 EDMONDS WATER DIVISION 261927 3/28/2024 37,644.12 075200 EDUARDO ZALDIBAR 261928 3/28/2024 130.00 008812 ELECTRONIC BUSINESS MACHINES 261929 3/28/2024 1,520.95 079517 ELECTRONIC MOBILE SOLUTIONS 261930 3/28/2024 95.28 009350 EVERETT DAILY HERALD 261931 3/28/2024 486.76 076751 FALK, NICHOLAS 261932 3/28/2024 238.65 071026 FASTSIGNS OF LYNNWOOD 261933 3/28/2024 89.74 009815 FERGUSON ENTERPRISES INC 261934 3/28/2024 2,911.73 009815 FERGUSON ENTERPRISES INC 261935 3/28/2024 86.31 072493 FIRSTLINE COMMUNICATIONS INC 261936 3/28/2024 292.83 002500 GALLS LLC DBA BLUMENTHAL 261937 3/28/2024 431.38 072634 GCP WW HOLDCO LLC 261938 3/28/2024 277.90 076932 GIRARD RESOURCES & RECYCLING 261939 3/28/2024 1,180.00 068617 GLEISNER, BARBARA 261940 3/28/2024 1,948.81 012199 GRAINGER 261941 3/28/2024 3,429.16 074722 GUARDIAN SECURITY SYSTEMS 261942 3/28/2024 69.53 079287 HERITAGE PROF PRODUCTS GROUP 261943 3/28/2024 71.83 072647 HERRERA ENVIRONMENTAL 261944 3/28/2024 2,256.69 074966 HIATT CONSULTING LLC 261945 3/28/2024 200.00 078923 HKAGLOBAL INC 261946 3/28/2024 1,925.00 076240 HM PACIFIC NORTHWEST INC 261947 3/28/2024 1,216.40 067862 HOME DEPOT CREDIT SERVICES 261948 3/28/2024 1,388.31 061013 HONEY BUCKET 261949 3/28/2024 6,116.03 070786 HUNNICUTT & ASSOCIATES INC 261950 3/28/2024 750.00 069733 ICONIX WATERWORKS INC 261951 3/28/2024 1,177.24 072627 INTRADO LIFE & SAFETY INC 261952 3/28/2024 537.50 076136 JEFF ANDERSON 261953 3/28/2024 500.00 078965 KAISER FOUNDATION HEALTH PLAN 261954 3/28/2024 1,386.00 079069 KISHA POST 261955 3/28/2024 2,940.00 078946 KITCHENS, KYLEE 261956 3/28/2024 1,033.20 075159 LIFE INSURANCE CO OF NO AMER 261957 3/28/2024 16,922.76 075149 LIM, VANNARA 261958 3/28/2024 130.00 074263 LYNNWOOD WINSUPPLY CO 261959 3/28/2024 136.42 078177 MAHAMED, LIBAN 261960 3/28/2024 150.00 075716 MALLORY PAINT STORE INC 261961 3/28/2024 101.23 078428 MANU GROUP LLC 261962 3/28/2024 468.88 067235 MARYS TOWING INC 261963 3/28/2024 280.67 068489 MCLOUGHLIN & EARDLEY GROUP INC 261964 3/28/2024 1,819.94 020900 MILLERS EQUIP & RENT ALL INC 261965 3/28/2024 819.83 076264 MONO ROOFTOP SOLUTIONS 261966 3/28/2024 16,050.13 018950 NAPA AUTO PARTS 261967 3/28/2024 212.24 079535 NAPOLITINO, ROYCE 261968 3/28/2024 115.12 067834 NATIONAL CONSTRUCTION RENTALS 261969 3/28/2024 39.78 064570 NATIONAL SAFETY INC 261970 3/28/2024 225.42 067694 NC POWER SYSTEMS CO. 261971 3/28/2024 10,118.71 024302 NELSON-REISNER 261972 3/28/2024 322.75 Page: 2 Packet Pg. 64 apPosPay Positive Pay Listing 3/28/2024 2:20:29PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 075542 NORTHWEST LANDSCAPE SUPPLY 261973 3/28/2024 30.97 072739 O'REILLYAUTO PARTS 261977 3/28/2024 113.28 076902 OCCUPATIONAL HEALTH CTR OF WA 261974 3/28/2024 123.00 065746 OFF OF MINORITY WOMEN BUS ENT 261975 3/28/2024 2,496.42 065720 OFFICE DEPOT 261976 3/28/2024 575.02 002203 OWEN EQUIPMENT COMPANY 261978 3/28/2024 1,323.30 027060 PACIFIC TOPSOILS 261979 3/28/2024 1,443.00 078895 PADILLA, TRACIE 261980 3/28/2024 144.72 069873 PAPE MACHINERY INC 261981 3/28/2024 71,640.70 072507 PEACE OF MIND OFFICE SUPPORT 261982 3/28/2024 1,168.00 079464 PERKINS EASTMAN ARCHITECTS DPC 261983 3/28/2024 41,300.00 064167 POLLARD WATER 261984 3/28/2024 545.07 071811 PONY MAIL BOX & BUSINESS CTR 261985 3/28/2024 64.87 029117 PORT OF EDMONDS 261986 3/28/2024 4,567.65 079020 PRECISION LANGUAGE SERVICES 261987 3/28/2024 130.00 068697 PUBLIC SAFETY TESTING INC 261988 3/28/2024 396.00 046900 PUGET SOUND ENERGY 261989 3/28/2024 3,789.34 077429 PURE WATER AQUATICS 261990 3/28/2024 1,174.10 030780 QUIRING MONUMENTS INC 261991 3/28/2024 450.00 062657 REGIONAL DISPOSAL COMPANY 261992 3/28/2024 3,006.50 064769 ROMAINE ELECTRIC 261993 3/28/2024 199.19 079522 ROSEN, MIKE 261994 3/28/2024 42.88 079523 RUSTED ELEMENT DESIGN 261995 3/28/2024 792.00 075637 SCHNEIDER, P DIANE 261996 3/28/2024 142.73 072733 SCHWING BIOSET INC 261997 3/28/2024 11,080.35 066964 SEATTLE AUTOMOTIVE DIST INC 261998 3/28/2024 1,191.79 067076 SEATTLE PUMP AND EQUIPMENT CO 261999 3/28/2024 1,586.05 079519 SECURITE GUN CLUB LLC 262000 3/28/2024 275.25 070495 SEPULVEDA, PABLO 262001 3/28/2024 130.00 036041 SETINA MFG CO 262002 3/28/2024 3,206.43 079507 SITTS & HILL ENGINEERS INC 262003 3/28/2024 1,852.50 036950 SIX ROBBLEES INC 262004 3/28/2024 18.47 036955 SKY NURSERY 262005 3/28/2024 663.00 037375 SNO CO PUD NO 1 262007 3/28/2024 40,495.47 063941 SNO CO SHERIFFS OFFICE 262008 3/28/2024 41,246.67 063941 SNO CO SHERIFFS OFFICE 262009 3/28/2024 3,000.00 037521 SNO CO TREASURER 262010 3/28/2024 475.64 006630 SNOHOMISH COUNTY 262011 3/28/2024 563.00 076433 SNOHOMISH COUNTY 911 262012 3/28/2024 82,827.93 038300 SOUND DISPOSAL CO 262013 3/28/2024 569.48 038410 SOUND SAFETY PRODUCTS 262014 3/28/2024 269.56 068439 SPECIALTY DOOR SERVICE INC 262015 3/28/2024 2,971.50 040917 TACOMA SCREW PRODUCTS INC 262016 3/28/2024 1,649.92 079531 THE LEREN COMPANY 262017 3/28/2024 2,284.00 072649 THE WIDE FORMAT COMPANY 262018 3/28/2024 232.05 070774 ULINE INC 262019 3/28/2024 898.32 064423 USA BLUE BOOK 262020 3/28/2024 123.93 044960 UTILITIES UNDERGROUND LOC CTR 262021 3/28/2024 304.38 078770 VERSATERM PUBLIC SAFETY US INC 262022 3/28/2024 3,675.00 068259 WA ST CRIMINAL JUSTICE 262023 3/28/2024 9,894.00 067917 WALLY'S TOWING INC 262024 3/28/2024 561.84 067195 WASHINGTON TREE EXPERTS 262025 3/28/2024 2,431.00 045912 WASPC 262034 3/28/2024 1,430.00 065568 WATER SERVICES NW INC 262026 3/28/2024 179.84 Page: 3 Packet Pg. 65 apPosPay 3/28/2024 2:20:29PM Positive Pay Listing City of Edmonds Document group: jacobson Vendor Code & Name 075635 WCP SOLUTIONS 074609 WEST COAST ARMORY NORTH 071467 WEST COAST PET MEMORIAL 069691 WESTERN SYSTEMS 078389 ZENNER USA 011900 ZIPLY FIBER 073079 ZONES LLC Check # Check Date Amount 262027 3/28/2024 1,552.77 262028 3/28/2024 1,155.51 262029 3/28/2024 41.00 262030 3/28/2024 2,505.18 262031 3/28/2024 2,888.49 262032 3/28/2024 1,816.06 262033 3/28/2024 546.01 GrandTotal: 703,443.17 Total count: 168 N r c m E a d L �3 c U d t V E M V 4- 0 O L Q. CL Q Q O 0 M Q N co N M O N E M U r c d E t v O w Q Page: 4 Packet Pg. 66 8.4.b apPosPay Positive Pay Listing Page: 1 4/4/2024 12:34:20PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 065052 AARD PEST CONTROL 262035 4/4/2024 85.09 061029 ABSOLUTE GRAPHIX 262036 4/4/2024 184.47 064088 ADT COMMERCIAL 262037 4/4/2024 2,241.01 001528 AM TEST INC 262038 4/4/2024 220.00 074718 AQUATIC SPECIALTY SERVICES INC 262039 4/4/2024 25.45 069751 ARAMARK UNIFORM SERVICES 262040 4/4/2024 185.50 069751 ARAMARK UNIFORM SERVICES 262041 4/4/2024 309.10 071377 ARGUELLES, ERIN 262042 4/4/2024 330.00 064341 AT&T MOBILITY 262043 4/4/2024 43.35 001795 AUTOGRAPHICS 262044 4/4/2024 1,536.50 070305 AUTOMATIC FUNDS TRANSFER 262045 4/4/2024 575.07 075263 AVR PRODUCTION SERVICES LLC 262046 4/4/2024 1,400.00 001527 AWWA 262047 4/4/2024 2,444.00 071174 AXON ENTERPRISE INC 262048 4/4/2024 345.87 078762 AZAR, TAYLOR STRONG 262049 4/4/2024 198.00 076685 BAILEY, MICHAEL E 262050 4/4/2024 3,180.00 074307 BLUE STAR GAS 262051 4/4/2024 1,078.07 079549 BRANHAM, TINA 262052 4/4/2024 201.67 072005 BROCKMANN, KERRY 262053 4/4/2024 1,014.55 065565 BUD CLARY FORD HYUNDAI 262054 4/4/2024 98,891.25 073029 CANON FINANCIAL SERVICES 262055 4/4/2024 90.44 003510 CENTRAL WELDING SUPPLY 262056 4/4/2024 75.47 063902 CITY OF EVERETT 262057 4/4/2024 910.80 070323 COMCAST BUSINESS 262058 4/4/2024 398.46 068815 CORRECT EQUIPMENT 262059 4/4/2024 340.33 073823 DAVID EVANS & ASSOC INC 262060 4/4/2024 16,334.47 047450 DEPT OF INFORMATION SERVICES 262061 4/4/2024 285.00 007253 DUNN LUMBER 262062 4/4/2024 173.61 074674 ECOLUBE RECOVERY LLC 262063 4/4/2024 62.50 076610 EDMONDS HERO HARDWARE 262064 4/4/2024 227.16 008812 ELECTRONIC BUSINESS MACHINES 262065 4/4/2024 168.64 009350 EVERETT DAILY HERALD 262066 4/4/2024 53.32 079546 FOXTROT FENCING 262067 4/4/2024 14,365.00 079465 GCH DISASTER SOLUTIONS 262068 4/4/2024 2,740.00 076932 GIRARD RESOURCES & RECYCLING 262069 4/4/2024 539.00 012199 GRAINGER 262070 4/4/2024 208.20 012560 HACH COMPANY 262071 4/4/2024 4,517.34 012845 HARBOR SQUARE ATHLETIC CLUB 262072 4/4/2024 11,934.00 076240 HM PACIFIC NORTHWEST INC 262073 4/4/2024 2,044.83 067862 HOME DEPOT CREDIT SERVICES 262074 4/4/2024 828.40 067862 HOME DEPOT CREDIT SERVICES 262075 4/4/2024 46.92 076488 HULBERT, MATTHEW STIEG 262076 4/4/2024 500.00 072041 IBS INCORPORATED 262077 4/4/2024 230.85 014940 INTERSTATE BATTERY SYSTEMS 262078 4/4/2024 197.80 079227 JAMTOWN LLC 262079 4/4/2024 305.25 079338 JANA BARKER ELIASON 262080 4/4/2024 423.50 067568 KPG PSOMAS INC 262081 4/4/2024 24,011.25 079551 KURAUCHI, SHIHO 262082 4/4/2024 150.00 017135 LANDAU ASSOCIATES INC 262083 4/4/2024 2,697.50 078471 LEMM, KEVIN 262084 4/4/2024 412.10 074848 LONG BAY ENTERPRISES INC 262085 4/4/2024 1,060.00 020900 MILLERS EQUIP & RENT ALL INC 262086 4/4/2024 24.75 018950 NAPA AUTO PARTS 262087 4/4/2024 97.27 Page: 1 Packet Pg. 67 apPosPay Positive Pay Listing 4/4/2024 12:34:20PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 064570 NATIONAL SAFETY INC 262088 4/4/2024 889.16 024302 NELSON-REISNER 262089 4/4/2024 59.28 079454 NESS, JULIE ANN 262090 4/4/2024 399.75 075542 NORTHWEST LANDSCAPE SUPPLY 262091 4/4/2024 123.87 077628 NW CORROSION ENGINEERING LLC 262092 4/4/2024 3,511.61 065051 PARAMETRIX INC 262093 4/4/2024 5,986.25 028860 PLATT ELECTRIC SUPPLY 262094 4/4/2024 21.85 078800 POPA & ASSOCIATES 262095 4/4/2024 600.00 071594 PROFORCE LAW ENFORCEMENT 262096 4/4/2024 5,229.19 046900 PUGET SOUND ENERGY 262097 4/4/2024 16,675.66 079548 SAFETY MATTERS LLC 262098 4/4/2024 1,900.00 066964 SEATTLE AUTOMOTIVE DIST INC 262099 4/4/2024 252.92 068132 SHORELINE CONSTRUCTION CO 262100 4/4/2024 950.00 079507 SITTS & HILL ENGINEERS INC 262101 4/4/2024 3,360.00 036955 SKY NURSERY 262102 4/4/2024 46.29 075590 SMARSH INC 262103 4/4/2024 122.35 037375 SNO CO PUD NO 1 262104 4/4/2024 10,094.22 037303 SO SNOHOMISH CO FIRE & RESCUE 262105 4/4/2024 917,042.00 075875 SOUND CLEANING RESOURCES INC 262106 4/4/2024 1,209.00 038300 SOUND DISPOSAL CO 262107 4/4/2024 5,101.93 079533 STATE MECHANICAL 262108 4/4/2024 103.00 076061 T&L NURSERY INC 262109 4/4/2024 202.94 040917 TACOMA SCREW PRODUCTS INC 262110 4/4/2024 404.85 027269 THE PART WORKS INC 262111 4/4/2024 18.34 068141 TRANSPO GROUP 262112 4/4/2024 8,995.00 062345 URBAN FORESTRY NURSERY 262113 4/4/2024 2,373.70 067865 VERIZON WIRELESS 262114 4/4/2024 14,620.22 065035 WASHINGTON STATE PATROL 262115 4/4/2024 185.50 078314 WASTE MGMT DISPOSAL SVC OF OR 262116 4/4/2024 54,439.70 077188 WELCOME MAGAZINE 262117 4/4/2024 3,456.00 011900 ZIPLY FIBER 262118 4/4/2024 1,127.31 078889 ZOOM VIDEO COMMUNICATIONS INC 262119 4/4/2024 15,800.40 051282 ZUMAR INDUSTRIES INC 262120 4/4/2024 548.03 GrandTotal: 1,276,793.43 Total count: 86 Page: 2 Packet Pg. 68 8.5 City Council Agenda Item Meeting Date: 04/16/2024 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 check reissue #65992 dated March 20, 2024, payroll checks #65993 through #65995 dated April 5, 2024 for $1,904.25, direct deposit for $844,735.18, benefit checks #65996 through #66000 and wire payments for $756,915.63 for the pay period of March 16, 2024 to March 31, 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: 03-16 through 03-31 benefit checks summary 03-16 through 03-31 payroll earnings summary Packet Pg. 69 Benefit Checks Summary Report City of Edmonds Pay Period: 1,144 - 03/16/2024 to 03/31/2024 Bank: usbank - US Bank Check # Date Payee # Name Check Amt 65997 04/05/2024 chap1 CHAPTER 13 TRUSTEE 175.00 65999 04/05/2024 flex NAVIA BENEFIT SOLUTIONS 5,363.01 65998 04/05/2024 icma MISSIONSQUARE PLAN SERVICES 6,195.97 66000 04/05/2024 afscme WSCCCE, AFSCME AFL-CIO 3,141.68 65996 04/05/2024 bpas BPAS 6,418.96 21,294.62 Bank: wire - US BANK Check # Date Payee # Name Check Amt 3665 04/05/2024 mebt WTRISC FBO #N3177131 150,940.73 3668 04/05/2024 oe OFFICE OF SUPPORT ENFORCEMENT 705.00 3666 04/05/2024 pb NATIONWIDE RETIREMENT SOLUTION 6,313.79 3664 04/05/2024 us US BANK 157,338.57 3659 04/05/2024 pens DEPT OF RETIREMENT SYSTEMS 378,430.04 3667 04/05/2024 wadc WASHINGTON STATE TREASURER 38,637.34 3661 04/05/2024 aflac AFLAC 3,255.54 735,621.01 Grand Totals: 756,915.63 8.5.a [-: N Direct Deposit a> 0.00 0.00 0.00 0.00 c 0.00 _M 0 L 0.00 >+ ca a 0 �a Direct Deposit o 0- 0.00 CL Q 0.00 0.00 ca 0.00 E 0.00 E 0.00 v3i 0.00 w d 0.00 s w 0.00 0 c m M M O L CD 7 O L L y-r r M O w+ C d E t ii rt+ w+ Q 4/4/2024 Packet Pg. 70 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,144 (03/16/2024 to 03/31/2024) Hour Type Hour Class Description Hours Amount 118 ABSENT UNPAID L & 1 80.00 0.00 121 SICK SICK LEAVE 906.25 50,413.61 122 VACATION VACATION 929.25 52,608.22 123 HOLIDAY HOLIDAY HOURS 104.50 5,269.19 124 HOLIDAY FLOATER HOLIDAY 123.40 6,205.23 125 COMP HOURS COMPENSATORY TIME 161.75 8,422.33 128 HOLIDAY Holiday Bank WWTP 22.45 1,147.84 129 SICK Police Sick Leave L & 1 6.00 287.65 150 REGULAR HOURS Kelly Day Used 156.00 7,909.59 155 COMP HOURS COMPTIME AUTO PAY 93.75 5,285.70 160 VACATION MANAGEMENT LEAVE 104.00 8,587.79 170 REGULAR HOURS COUNCIL BASE PAY 700.00 11,936.19 174 REGULAR HOURS COUNCIL PRESIDENTS PAY 0.00 341.00 175 REGULAR HOURS COUNCIL PAY FOR NO MEDICAL 0.00 5,356.68 190 REGULAR HOURS REGULAR HOURS 17,600.50 970,243.85 191 REGULAR HOURS FIRE PENSION PAYMENTS 2.00 2,931.80 194 SICK Emerqency Sick Leave 24.00 1,640.03 196 REGULAR HOURS LIGHT DUTY 504.00 28,686.09 210 OVERTIME HOURS OVERTIME -STRAIGHT 15.00 778.49 215 OVERTIME HOURS WATER WATCH STANDBY 36.00 2,775.96 216 MISCELLANEOUS STANDBY TREATMENT PLANT 4.00 518.28 220 OVERTIME HOURS OVERTIME 1.5 247.50 20,802.92 225 OVERTIME HOURS OVERTIME -DOUBLE 74.00 7,523.81 400 MISCELLANEOUS MISC PAY 0.00 100.00 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 2,004.72 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 2,836.10 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 -564.07 602 COMP HOURS ACCRUED COMP 1.0 154.25 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 155.00 0.00 606 COMP HOURS ACCRUED COMP 2.0 4.00 0.00 901 SICK ACCRUED SICK LEAVE 7.78 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 351.82 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 04/04/2024 Packet Pg. 71 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,144 (03/16/2024 to 03/31/2024) Hour Type Hour Class Description Hours Amount 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 10,892.65 firear MISCELLANEOUS FIREARMS INSTRUCTOR 0.00 532.94 hol HOLIDAY HOLIDAY 10.00 1,002.02 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 1,185.98 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 1,440.10 Ig12 LONGEVITY Lonqevity 9% 0.00 1,439.16 Ig13 LONGEVITY Longevity 7% 0.00 1,349.83 Ig14 LONGEVITY Lonqevity 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 2,809.06 Iq7 LONGEVITY Longevity 1.5% 0.00 582.94 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 138.08 pfmp ABSENT Paid Family Medical Unpaid/Sup 272.00 0.00 pfms SICK Paid FAMILY MEDICAL/SICK 76.80 4,175.62 pfmv VACATION Paid Family Medical Vacation 55.00 3,354.55 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 traf MISCELLANEOUS TRAFFIC 0.00 262.90 22,629.18 $1,242,677.82 Total Net Pay: $846,639.43 8.5.b 04/04/2024 Packet Pg. 72 8.6 City Council Agenda Item Meeting Date: 04/16/2024 Snohomish County - City of Edmonds Interlocal Agreement for Mee Parkland Acquisition Staff Lead: Angie Feser Department: Parks, Recreation & Human Services Preparer: Angie Feser Background/History Narrative On February 20, 2024 the City Council authorized the acquisition of a one -acre property know as the Mee property. The property acquisition was closed on March 22, 2024 and the property is now in possession of the City. In 2023, in preparation for this land acquisition, Parks, Recreation & Human Services Department applied for and was successful in securing a Conservation Futures Program grant from Snohomish County that reimburses 75% of purchase price and related costs not to exceed $879,375. Mee Acauisition - Capital Budizet Imoacts Expenditures Purchase Price $ 925,000 Related Costs* $ 212,500 $ 1,137,500 Funding Sources Snohomish County Grant $ 853,125 Tree Fund 143 (Fee -In -Lieu) $ 200,000 REET 126 $ 84,375 $ 1,137,500 *Related costs include appraisal, title report, due diligence, site survey, ESA Phase 1, site security and buildings demolition. If the City chooses not to enter into the Interlocal Agreement the eligible grant expenditures of the park land acquisition and related costs will be paid for by city funding. Staff Recommendation City Council authorize the Mayor to execute the attached City of Edmonds - Snohomish County Conservation Futures Grant Interlocal Agreement for reimbursement of eligible expenditures related to the Mee parkland acquisition. Packet Pg. 73 8.6 Attachments: SnoCo - CoE CF Grant ILA re Mee Property Packet Pg. 74 8.6.a INTERLOCAL COOPERATION AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS CONCERNING ACQUISITION OF PROPERTY WITH CONSERVATION FUTURES FUNDS THIS INTERLOCAL COOPERATION AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS CONCERNING ACQUISITION OF PROPERTY WITH CONSERVATION FUTURES FUNDS (this "Agreement"), is made and entered into this day of , 2024, by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the "County'), and the CITY OF EDMONDS, a Washington municipal corporation (the "City") pursuant to Chapter 39.34 RCW. RECITALS A. The County manages a Conservation Futures funding program pursuant to RCW 84.34.200 et seq. and Chapter 4.14 Snohomish County Code. B. Cities and towns located in Snohomish County, nonprofit historic preservation corporations, and nonprofit nature conservancy corporations or associations as such are described in RCW 84.34.210 are eligible to apply to the County for resources to fund acquisition of interests or rights in real property located within Snohomish County that meet the conservation criteria described in RCW 84.34.210 et seq. C. The City applied for resources from the Snohomish County Conservation Futures Property Tax Fund to acquire fee simple interest to approximately 0.99 acres of real property located in the City of Edmonds, referred to as Mee Property Acquisition, and more particularly described in Section 1 below (hereinafter referred to as the "Property'). D. Whereas, on August 8, 2023 the Conservation Futures Program Advisory Board (the "Board") at its regularly scheduled meeting listened to the presentation, reviewed the project proposal and voted to recommend project funding, through the Conservation Futures Property Tax Fund in the amount of Eight Hundred Seventy -Nine Thousand Three Hundred Seventy -Five Dollars ($879,375.00) to assist with purchase of the Property. E. On December 13, 2023, the Snohomish County Council, by Motion No. 23-409, allocated funding in the amount of Eight Hundred Seventy -Nine Thousand Three Hundred Seventy -Five ($879,375.00) Dollars to the City of Edmonds from the Snohomish County Conservation Futures Property Tax Fund for that purpose. Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 1 of 9 Packet Pg. 75 8.6.a NOW, THEREFORE, in consideration of the mutual promises set out below and for other good and valuable consideration, the Parties agree as follows: 1. Identification of Property. The unimproved Property is located in the City of Edmonds, Washington and is generally legally described as follows: SEE ATTACHED EXHIBIT A. 2. Purpose of Property Acquisition. The Property is to be acquired for the purpose of conserving open spaces and areas as authorized by RCW 84.34.200 et seq., and for conservation and for passive, public recreation. 3. Duration. This Agreement shall become effective when executed by both parties and posted on the County's Interlocal Agreements website (the "Effective Date"). If the Property is acquired within the time frame provided in Section 5.1 below, this Agreement shall be in effect perpetually, subject to any amendments agreed to in writing by the parties. If the Property is not acquired within the time frame provided in Section 5.1 below, this Agreement shall be terminated; PROVIDED, HOWEVER, that the County and the City may mutually agree in writing, prior to termination, upon an extension of time. 4. Administrators. Each party to this Agreement shall designate an individual (an "Administrator") who may be designated by title or position, to oversee and administer such party's participation in this Agreement. The parties' initial Administrators shall be the following: Countv's Initial Administrator Tom Teigen, Director Snohomish County Parks and Recreation 6705 Puget Park Drive Snohomish, WA 98296 Citv's Initial Administrator: Angie Feser, Director City of Edmonds Parks, Recreation & Human Services Dept. 700 Main Street Edmonds, WA 98020 Either party may change its Administrator at any time by delivering written notice of such party's new Administrator to the other party. 5. Duties of the City to Acquire, Operate, Maintain and Conserve. The City shall: 5.1 Acquire the Property either before or within twenty-four (24) months of the Effective Date of this Agreement and upon closing maintain, operate and conserve the Property for open space and passive park purposes. The City shall undertake all Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 2 of 9 Packet Pg. 76 8.6.a reasonable efforts to acquire the Property but if the owner of is not a willing seller, the City shall not utilize the power of eminent domain to acquire the Property. 5.2 Immediately following acquisition of the Property, execute and record an instrument conveying a Conservation Easement for the Property to the County in substantially the form attached hereto as Exhibit B (the "Conservation Easement"). 5.3 Submit an annual report to the County on February 1 of each subsequent year detailing compliance with all on -going requirements of this Agreement. 5.4 Forward a copy of the recorded deed conveying the Property and a copy of the executed Conservation Easement for the Property to the County as soon as the same are returned from the Snohomish County Auditor. 5.5 Provide an identifying sign, the size and design of which shall be approved by the Snohomish County Department of Parks and Recreation, at the entrance to the Property which shall be in plain sight in perpetuity, listing the County as a participant in the acquisition of the Property through the Snohomish County Conservation Futures Program. 5.6 Fund any improvements that are made to the Property from revenue sources other than Conservation Futures Program Funds and limit any such improvements to those that meet the requirements and intent of RCW 84.34.200 et. seq. and the Conservation Easement. 5.7 Submit to the County a long-term maintenance plan for the Property and any improvements within three (3) months of the completed Property acquisition. 5.8 Provide the County with forty-five (45) days' written notice prior to any subsequent conveyance of the Property. Execute and record any and all necessary documents, as the County requires, to ensure the continuing validity and enforceability of the Conservation Easement regardless of the status of the transferee. Additionally, pay to the County, upon sale of any of the City's interest in the Property, or any portion thereof, a pro rata share of any consideration received, less the costs of improvements funded by the City. The pro rata share will be equal to the percentage of the cost of acquisition funded by the County pursuant to this Agreement. 5.9 Pay on a current basis all taxes or assessments levied on Property -related activities and the Property; PROVIDED, HOWEVER, that nothing contained herein will modify the City's right to contest any such tax, and the City will not be deemed to be in default as long as it is, in good faith, contesting the validity or amount of any such taxes. Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 3 of 9 Packet Pg. 77 8.6.a 5.10 Obtain and maintain, at its own costs and expense, all necessary permits, licenses and approvals related to the purchase, ownership, and on -going maintenance and management of the Property. 6. Payment from the County. The County shall provide financial assistance to the City in the amount of up to $879,375 from the Conservation Futures Fund for the acquisition of the Property. Payment shall be made within Thirty (30) days of County receipt of a City invoice submitted with documentation of imminent purchase of the Property and transfer of title, provided the City has complied with all of the terms of this Agreement. In no event shall the County be obligated to provide any payment to the City in excess of the actual purchase price of the Property. Any obligations of the County beyond the current fiscal year are subject to appropriation of funds for the specific purpose of funding this Agreement in accordance with its Charter and applicable law. 7. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules and regulations in performing this Agreement, including, but not limited to, laws against discrimination. 8. Records, Inspections and Audits. The City will keep such full and detailed accounts as may be necessary for proper financial management under this Agreement. The County may, at its sole discretion, from time to time whether before or after acquisition of the Property or termination of this Agreement inspect all books and records and other materials related to any matters covered by this Agreement and not otherwise privileged, belonging to the City or any contractor or to elect to have an audit conducted to verify acquisition -related costs through the date of the acquisition, income from the Property, maintenance and operation costs, and the cost of post -acquisition improvements. Such books, records and other materials shall be made available for County inspection during regular business hours within a reasonable time of the request. If the County elects to conduct such an audit, it will give notice to the City, and such audit will be conducted as soon as is reasonably feasible thereafter, but County payments to the City (if any) will not be delayed pending the outcome of the audit. Such audit will be conducted by an auditor selected by the County, and the County will, except as provided herein, pay the cost of such audit. The City agrees to cooperate with the auditor and to make available for examination at its principal office all of its books, records, correspondence and other documents deemed necessary to conduct the audit by the auditor. If the audit reveals a variation equal to five percent (5%) or more of the cost of acquiring the Property, then the City will pay the cost of the audit, not to exceed Ten Thousand and 00/100 Dollars ($10,000.00). The City will preserve all records for a period of seven (7) years; PROVIDED, HOWEVER, that if the City proposes to dispose of any documents materially related to the Property for a period less than seven (7) years, then the City will deliver the same to the County for disposition by the County. Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 4 of 9 Packet Pg. 78 8.6.a The County may at all times enter the Property to determine the City's compliance with the terms and conditions of this Agreement or to post notices. Any person or persons who may have an interest in the purposes of the County's visit may accompany the County. The City acknowledges and agrees that its obligations under this Section 8 will survive termination of this Agreement. 9. Risk of Loss. All of the City's personal property of any kind or description whatsoever, or that of its employees, agents, contractors, and/or invitees placed on the Property shall be at the City's sole risk, and the County will not be liable for any damage done to, or loss of, such personal property. 10. Public Records Act. This Agreement and all public records associated with this Agreement shall be available from the County for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the "Act"). To the extent that public records then in the custody of the City are needed for the County to respond to a request under the Act, as determined by the County, the City agrees to make them promptly available to the County. If the City considers any portion of any record provided to the County under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the City shall clearly identify any specific information that it claims to be confidential or proprietary. If the County receives a request under the Act to inspect or copy the information so identified by the City and the County determines that release of the information is required by the Act or otherwise appropriate, the County's sole obligations shall be to notify the City (a) of the request and (b) of the date that such information will be released to the requester unless the City obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the City fails to timely obtain a court order enjoining disclosure, the County will release the requested information on the date specified. The County has, and by this section assumes, no obligation on behalf of the City to claim any exemption from disclosure under the Act. The County shall not be liable to the City for releasing records not clearly identified by the City as confidential or proprietary. The County shall not be liable to the City for any records that the County releases in compliance with this Section or in compliance with an order of a court of competent jurisdiction. 11. Hold Harmless and Indemnification. The City shall assume the risk of, be liable for, and pay all damage, loss, costs and expense of any party arising out of the activities under this Agreement and all use of any improvements it may place on the Property. The City shall hold harmless, indemnify and defend the County, its officers, elected and appointed officials, employees and agents from and against all claims, losses, lawsuits, actions, counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to any property or business and/or any death, injury or Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 5 of 9 Packet Pg. 79 8.6.a disability to or of any person or party, including but not limited to any employee, arising out of or suffered, directly or indirectly, by reason of or in connection with the acquisition or use of the Properties and this Agreement; PROVIDED, that the above indemnification does not apply to those damages caused by the sole negligence or willful misconduct of the County, its elected and appointed officials, officers, employees or agents. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 12. Dispute Resolution. The Parties agree to use their best efforts to resolve disputes and other matters arising out of this Agreement or the ongoing administration of this Agreement. If a dispute arises, then (i) within ten (10) business days of a written request by either Party, the City's designated representative and County's designated representative shall meet and resolve the issue; if these parties cannot resolve the issue within ten (10) business days of the meeting, then (ii) the issue shall be submitted to the City's Mayor and to the Director of the Snohomish County Department of Parks and Recreation; if these parties cannot resolve the issue within fifteen (15) business days of submission to them, then (iii) the issue shall be submitted for mediation; if mediation does not successfully resolve the dispute, then (iv) either Party may file suit in a court of competent jurisdiction. The prevailing party in any legal action shall be entitled to a reasonable attorneys' fee and court costs. 13. Notice. All notices required to be given by any party to the other party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator or Administrator's designee at the addresses set forth in Section 4 above. Notice delivered by email shall be deemed given as of the date and time received by the recipient. 14. Miscellaneous. 14.1. Entire Agreement; Amendments. This Agreement shall constitute the full and complete Agreement of the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein. This Agreement may be amended only by written Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 6 of 9 Packet Pg. 80 8.6.a agreement of the parties, executed in the same manner as provided by the Interlocal Cooperation Act, Chapter 39.34 RCW, governing the execution of this Agreement. 14.2. Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 14.3. Governing Law and Stipulation of Venue. This Agreement shall be governed by the laws of the State of Washington and the parties stipulate that any lawsuit regarding this Agreement must be brought in Snohomish County, Washington. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. 14.4. Rights and Remedies. The rights and remedies of the Parties to this Agreement are in addition to any other rights and remedies provided by law except as otherwise provided in this Agreement. 14.5. No Third Party Rights. It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other party. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under, or by reason of, this Agreement on any persons other than the Parties. 14.6. Binding on Successors. All of the terms, provisions and conditions of this Agreement will be binding upon and inure to the benefit of the Parties hereto and their respective successors, permitted assigns and legal representatives. 14.7. No Waiver. Payment by the County under this Agreement shall not constitute a waiver by the County of any claims it may have against the City for any breach of this Agreement or for failure of City to perform the work or actions, as specified in this Agreement. Forbearance of the rights of the parties under this Agreement will not constitute waiver of entitlement to exercise their respective rights as to any future acts or omissions by the offending party. 14.8. No Employee Relationship. In performing work and services pursuant to this Agreement, the City, its, employees, consultants, agents, and representatives shall be acting as agents of the City and shall not be deemed or construed to be employees or agents of the County in any manner whatsoever. The City shall not hold itself out as, nor claim to be, an officer or employee of the County and will not make any claim, demand, Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 7 of 9 Packet Pg. 81 8.6.a or application to or for any right or privilege applicable to an officer or employee of County. The City shall be solely responsible for any claims for wages or compensation by the City's employees, consultants, agents, and representatives, including sub - consultants, or any agency, and shall defend, indemnify and hold County harmless therefrom. 14.9 Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 14.10 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same Agreement. 14.11 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 14.12 No Assignment. This Agreement shall not be assigned, either in whole or in part, by either party without the express written consent of the other party, which may be granted or withheld in such party's sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 14.13 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. 14.14 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 14.15 No Separate Entity Necessary. The parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. 14.16 Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with its performance under this Agreement will remain the sole property of such party, and the other party shall have no interest therein. Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 8 of 9 Packet Pg. 82 8.6.a 14.17. Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. EXECUTED this day of , 2024 SNOHOMISH COUNTY: CITY OF EDMONDS: Dave Somers Date Mike Rosen Snohomish County Executive Mayor APPROVED AS TO FORM: Attest/Authenticated: Rebecca J. Digitally signed by Rebecca J. Guadamud Guadamud Date:202''2 13:03:11-070000 Deputy Prosecuting Attorney Date Scott Passey, City Clerk APPROVED AS TO FORM: Date Office of the City Attorney Date Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 9 of 9 Packet Pg. 83 8.6.a EXHIBIT A Legal Description Fee Simple Acquisition LEGAL DESCRIPTION OF PROPERTY SUBJECT TO CONSERVATION EASEMENT Gerald and Evelyn Mee Property #1 AP N/Pa rce I I D : 00491100000805 (West parcel) LAKE MC ALEER 5 ACRE TRACTS BLK 000 D-05 - N 155FT OF S 530FT OF TR 8 & N 15FT OFS 390FT OF TR 9 LESS E 10FT FOR RD SUBJ ESE PUD 1 & LESS WD 397/187 TO CITY OF EDMONDS ALL THAT PORTION OF TRACTS 8 AND 9, LAKE MCALEER FIVE ACRE TRACT, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS PAGE 48, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 375 FEET NORTH OF THE SOUTHEAST CORNER OF SAID TRACT 9; THENCE NORTH 15 FEET; THENCE NORTH TO WEST LINE OF TRACT 9; THENCE NORTH ALONG SAID WEST LINE OF TRACT 9, 140 FEET;THENCE WEST TO EAST LINE OF RIGHT-OF-WAY OF SEATTLE EVERETT INTERURBAN RAILWAY; THENCE SOUTHWESTERLY ALONG SAD RIGHT-OF- WAY TO WEST LINE OF TRACT 8; THENCE SOUTH ALONG SAID WEST LINE OF TRACT 8 TO A POINT WEST OF POINT OF BEGINNING; THENCE EAST TO POINT OF BEGINNING EXCEPT COUNTY ROAD ON EAST SIDE TOGETHER WITH THAT PORTION OF TRACT 9, MCALEER FIVE ACRE TRACTS, RECORDED IN VOLUME 5 OF PLATS, PAGE 48, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT NORTH 2°32'33" WEST 530 FEET FROM THE SOUTH EAST CORNER OF SAID TRACT 9; THENCE SOUTH 88°06'2" WEST 300.14 FEET TO A POINT WHICH IS THE TRUE POINT OF BEGINNING; THENCE SOUTH 2°34'26" EAST 140 FEET; THENCE SOUTH 88°06'02" WEST 32 FEET; THENCE NORTH 2°34'26" WEST 140 FEET; THENCE NORTH 88°06'02" EAST 32 FEET TO THE TRUE POINT OF BEGINNING SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 10 of 22 Packet Pg. 84 8.6.a Gerald and Evelyn Mee Property # 2 APN/Parcel ID: None assigned LAKE MC ALEER 5 ACRE TRACTS BLK 000 D-04 - W 31.44FT OF N 140FT OF S 530FT LOT 9 THAT PORTION OF TRACT 9, MCALEER FIVE ACRE TRACTS, RECORDED IN VOLUME 5 OF PLATS, PAGE 48, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT NORTH 2°32'33" WEST 530 FEET FROM THE SOUTHEAST CORNER OF SAID TRACT 9; THENCE SOUTH 88°06'2" WEST 300.14 FEET TO A POINT WHICH IS THE TRUE POINT OF BEGINNING; THENCE SOUTH 2°34'26" EAST 140 FEET; THENCE SOUTH 88°06'02" WEST 32 FEET; THENCE NORTH 2°34'26" WEST 140 FEET; THENCE NORTH 88°06'02" EAST 32 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 11 of 22 Packet Pg. 85 8.6.a Conservation Easement Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 12 of 22 Packet Pg. 86 8.6.a After Recording Return to: Assistant Clerk Snohomish County Council 3000 Rockefeller Avenue MS 609 Everett, WA 98201 GRANT OF CONSERVATION EASEMENT Grantor: City of Edmonds, a municipal corporation of the State of Washington Grantee: Snohomish County, a political subdivision of the State of Washington Legal: (West Parcel 1) LAKE MC ALEER 5 ACRE TRACTS BILK 000 D-05 - N 155FT OF S 530FT OF TR 8 & N 15FT OFS 390FT OF TR 9 LESS E 10FT FOR RD SUBJ ESE PUD 1 & LESS WD 397/187 TO CITY OF EDMONDS; And (East Parcel 2) LAKE MC ALEER 5 ACRE TRACTS BILK 000 D- 04 - W 31.44FT OF N 140FT OF S 530FT LOT 9 THAT PORTION OF TRACT 9, MCALEER FIVE ACRE TRACTS, RECORDED IN VOLUME 5 OF PLATS, PAGE 48 Tax Parcel Nos.: West Parcel 1: 00491100000805; East Parcel 2: None assigned This grant of a perpetual CONSERVATION EASEMENT (hereinafter "Conservation Easement") is made this day of , 2024, by the City of Edmonds, a municipal corporation of the State of Washington (hereinafter "Grantor"), to Snohomish County, a political subdivision of the State of Washington (hereinafter "Grantee" or "County"), in perpetuity as holder of the Conservation Easement pursuant to RCW 64.04.130. RECITALS A. Grantor is the sole owner in fee simple of the property legally described on Exhibit A, which is attached hereto and incorporated herein by reference (the "Protected Property"), located in Snohomish County, Washington at approximately 24024 76TH W, EDMONDS, WA 98026, and which is an assemblage of the following Snohomish County Parcels: West parcel 00491100000805 and East parcel which is described as LAKE MC ALEER 5 ACRE TRACTS BILK 000 D-04 - W 31.44FT OF N 140FT OF S 530FT LOT 9. B. Grantor warrants that Grantor has good legal title to the Protected Property, as well as the right to convey this Conservation Easement, and that the Protected Property is free and clear of any encumbrances except those general exceptions contained in the title policy and any special exceptions shown on the Preliminary Commitment that are accepted by the Grantee; and C. Grantor warrants that Grantor has no actual knowledge of a release or threatened release of hazardous substances or waste on the Protected Property; and Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 13 of 22 Packet Pg. 87 8.6.a D. The Protected Property possesses significant long-term natural and open space values ("Conservation Values") of great importance to the people of Snohomish County for passive recreation; and E. This Conservation Easement is authorized by RCW 64.04.130, the provision of state law governing conservation easements; and F. The Grantor and the Grantee intend and have the common purpose of retaining the Protected Property for open space and passive recreation by placing restrictions on the use of the Protected Property, which shall continue as a servitude running with the land, and authorizing Grantee to monitor and enforce such restrictions, as described herein; and G. To document the present condition of the Protected Property so that Grantee or its assigns are able to monitor future uses and assure compliance with the terms of this Conservation Easement, Grantee has, at its expense, prepared baseline data consisting of photographs and other documentation summarized in Exhibit B and incorporated herein by reference as though set forth in full (the "Baseline Documentation") that the parties agree provide an accurate representation of the Protected Property as of the date of this Conservation Easement; and H. Snohomish County, as the Grantee of this Conservation Easement, is a qualified holder of conservation easements under RCW 64.04.130; and I. This Conservation Easement is being purchased with funds provided, in part, by the County's Conservation Futures Program pursuant to RCW 84.34.200, RCW 84.34.210, RCW 84.34.220 and chapter 4.14 SCC, which authorizes Snohomish County to purchase conservation easements for the purpose of protecting open space and timber land through restrictions on incompatible uses of the land; NOW, THEREFORE, for and in consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein and in payment of one dollar ($1.00) and other valuable consideration by Grantee, the receipt of which is hereby acknowledged by Grantor, and pursuant to the laws of the State of Washington, including chapters 64.04 and 84.34 of the Revised Code of Washington, the parties agree as follows: I. Grant. Grantor hereby grants to the Grantee a perpetual Conservation Easement over, under, across and through the Protected Property, as described in Exhibit A attached hereto, to protect, preserve, maintain, improve, restore, limit future use of or otherwise conserve the Protected Property as open space pursuant to chapter 84.34 RCW. II. Purpose. The purpose of this Conservation Easement is to assure that the Protected Property will be retained forever in its natural and open space condition and to prevent any use of the Protected Property that will significantly impair or interfere with the Conservation Values. Grantor intends that this Conservation Easement will confine the use of, or activity on, Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 14 of 22 Packet Pg. 88 8.6.a the Protected Property to such uses and activities that are consistent with this purpose. This statement of purpose is intended as a substantive provision of the Conservation Easement. Any ambiguity or uncertainty regarding the application of the provisions of this Conservation Easement will be resolved so as to further this purpose. III. Rights of the Grantee. Grantor hereby conveys to the Grantee all rights necessary to accomplish the purpose of this Conservation Easement, including, without limitation, the following: A. The right to protect, conserve, maintain, improve and restore the Conservation Values of the Protected Property; B. The right to enter the Protected Property or allow Grantee's invitees or licensees to enter, at a reasonable time and upon prior written notice to the Grantor, for the following purposes (i) to make general inspection of the Protected Property to monitor compliance with this Conservation Easement; (ii) to protect, preserve, maintain, improve and restore the Conservation Values of the Protected Property; and (iii) to mitigate or terminate any violation or otherwise enforce the provisions of this Conservation Easement. C. The right to enjoin any use of, or activity on, the Protected Property that is inconsistent with the purpose of this Conservation Easement, including trespasses by members of the public, and to require the restoration of such area or features of the Protected Property as may be damaged by uses or activities inconsistent with the provisions of this Conservation Easement, all in accordance with Section XI. D. The right to enforce the terms of this Conservation Easement, consistent with Section XI. E. The right to place a sign on the Protected Property which acknowledges this Conservation Easement, any conditions on access, and any funding contribution to the acquisition of the Conservation Easement. The foregoing are rights, not obligations, and shall not create any third -party rights of enforcement. IV. Permitted Uses and Activities. A. Grantor reserves to itself, and to its successors and assigns all rights accruing from its ownership of the Protected Property, including the right to engage in or permit or invite others to engage in all uses of the Protected Property that are not prohibited herein and are not inconsistent with the purpose of this Conservation Easement. In the event Grantor plans to undertake actions that could be inconsistent with the purpose of this Conservation Easement, Grantor shall provide Grantee written notice of such intent not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 15 of 22 Packet Pg. 89 8.6.a describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Conservation Easement. Grantee shall grant or withhold its approval in writing within sixty (60) days of receipt of Grantor's notice. Grantee's approval may be withheld only upon a reasonable determination by Grantee that the action proposed would be inconsistent with the purpose of this Conservation Easement. B. Any improvements to the Protected Property shall be limited to those which are passive in nature and meet the requirements and intent of RCW 84.34.200-220. Passive improvements include, but are not limited to, trails, interpretive centers, viewpoints, picnicking facilities, access, restrooms, playgrounds and restoration projects. Active recreational improvements are prohibited. Such improvements include, but are not limited to ball fields, use by motorized vehicles, swimming pools, and recreation centers. C. Nothing herein precludes the Grantor from demolishing, removing, and remediating existing improvements on the property as of the date of this Conservation Easement. V. Prohibited Uses and Activities. Neither Grantor nor its licensees or invitees shall use the Protected Property for any activity or purpose that is inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, the following activities are expressly prohibited in the Protected Property: A. The placement or construction of any buildings, structures, improvements or equipment of any kind except as permitted in subsection IV. B; B. The continuation, creation, expansion or intensification of any use or activity that is contrary to the purpose of this Conservation Easement or prohibited in this section; C. Mining or extraction of soil, sand, gravel, oil, natural gas or other mineral; D. Dumping or accumulation of trash or refuse; E. The use of motorized vehicles except for those necessary to conduct the uses permitted under this Conservation Easement; and F. Any construction, expansion, repair or other development activity that would result in more than ten percent (10%) of the area of the Protected Property being covered with impervious surfaces, including, without limitation, asphalt, concrete, gravel, buildings, or ponds VI. Transfer of Property. The Grantor agrees to: Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 16 of 22 Packet Pg. 90 8.6.a A. Incorporate the terms of this Conservation Easement by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Protected Property, including, without limitation, leasehold interests. B. Describe the Conservation Easement in and append it to any contract for the transfer of any interest in the Protected Property. C. Give written notice to the Grantee of the transfer of any interest in all or any portion of the Protected Property no later than forty-five (45) days prior to the date of such transfer. Such notice to the Grantee shall include the name, address and telephone number of the prospective transferee or the prospective transferee's representative. D. Execute and record any and all necessary documents, as required by the Grantee, to ensure the continuing validity and enforceability of the Conservation Easement regardless of the status of the transferee. The failure of the Grantor to perform any act required by this subsection shall not impair the validity of this Conservation Easement or limit its enforceability. VII. Extinguishment. This Conservation Easement may be terminated or extinguished, whether in whole or in part, only under one or more of the following circumstances: A. By judicial determination, by a court having jurisdiction over the Conservation Easement, those circumstances have rendered the purpose of this Conservation Easement impossible to achieve. B. In the event all or any of the Protected Property is taken by exercise of the power of eminent domain or acquired in lieu of condemnation, whether by public, corporate or other authority, except by the parties hereto. VIII. Proceeds. In the event of termination or extinguishment of this Conservation Easement, Grantee shall be compensated by Grantor for the fair market value of its interest in the Protected Property as determined by either a real estate appraiser licensed by the State of Washington or a court of competent jurisdiction. IX. Transfer or Assignment of the Conservation Easement. This Conservation Easement is transferable, but Grantee may assign its rights under this Conservation Easement only to an agency or organization that is authorized to acquire and hold conservation easements under RCW 64.04.130 or RCW 84.34.250, or otherwise qualified at the time of transfer under §170(h) of the Internal Revenue Code of 1986. As a condition of such transfer, Grantee shall require that the transferee exercise its rights under the assignment consistent with the purpose of this Conservation Easement. Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 17 of 22 Packet Pg. 91 8.6.a X. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep, and maintenance of the Protected Property. A. Taxes. Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Protected Property. B. Attornevs' fees and costs for enforcement. If the Grantee commences and successfully prosecutes an enforcement action pursuant to Section XI below, the Grantor shall pay all reasonable costs and expenses associated with the enforcement action, including but not limited to, reasonable attorneys' fees. XI. Enforcement & Monitoring. Grantee shall have the authority to enforce the terms of this Conservation Easement. To exercise this authority and thereby further the purpose of this Conservation Easement, the Grantee shall have the following rights under this Conservation Easement, which are subject to the stated limitations: A. Entry onto Protected Property with Reasonable Notice. If the Grantee has reason to believe that a violation of the terms of this Conservation Easement has occurred or is occurring, the Grantee shall have the right to enter the Protected Property, provided that reasonable advance notice is given to the Grantor, for the purpose of inspecting it for violations of any requirement set forth in this Conservation Easement. Additionally, the Grantee shall have the right to enter the Protected Property at least once a year, at a mutually agreed time, for purposes of inspection and compliance monitoring regardless of whether Grantee has reason to believe that a violation of this Conservation Easement exists. B. Enforcement Mechanisms and Remedial Measures. If the Grantee finds what it believes to be a violation of this Conservation Easement, it may, at its discretion, use any available legal or equitable remedy to secure compliance, including but not limited to seeking injunctive relief and/or specific performance requiring the Grantor to cease and desist all activity in violation of the terms of this Conservation Easement and to return the Protected Property to its condition prior to any violation(s). Except when an imminent violation could irreversibly diminish or impair the Conservation Values of the Protected Property, the Grantee shall give the Grantor written notice of the violation and thirty (30) days in which to take corrective action prior to commencing any legal action. The failure of Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time or constitute a waiver of its rights. Grantee may use the Baseline Documentation as a basis for enforcing the provisions of this Conservation Easement, but is not limited to the use of the Baseline Documentation to show a change of conditions. C. Emergency Enforcement. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damages to the Conservation Values of the Protected Property, Grantee may pursue its remedies under this Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 18 of 22 Packet Pg. 92 8.6.a section without prior notice to Grantor or without waiting for the period provided for cure to expire. D. Scope of Relief. Grantee's rights under this section apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that the Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. E. Costs of Enforcement. In the event Grantee must enforce the terms of this Conservation Easement, any costs of restoration necessitated by acts or omissions of Grantor, its agents, employees, contractors, invitees or licensees in violation of the terms of this Conservation Easement and Grantee's reasonable enforcement expenses, including reasonable attorneys' and consultants' fees and costs, shall be borne by Grantor, its successors or assigns. F. Waiver of Defenses. Grantor acknowledges it has carefully reviewed this Conservation Easement and has consulted or had the opportunity to consult with counsel of its terms and requirements. In full knowledge of the provisions of this Conservation Easement, Grantor hereby waives any claim or defense it may have against Grantee or its successors or assigns under or pertaining to this Conservation Easement based upon waiver, laches, estoppel or prescription. G. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle the Grantee to bring any action against Grantor to abate, correct or restore any condition in the Protected Property or to recover damages for any injury to or change in the Protected Property resulting from causes beyond Grantor's control, including fire, flood, storm, and earth movement or the like. XII. Hold Harmless. Grantor hereby agrees to release and hold harmless, indemnify and defend Grantee, its officers, elected and appointed officials, employees and agents (collectively "Indemnified Parties") from all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including, without limitation, reasonable attorneys' and consultants' fees arising from or in any way connected with: A. Injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition or other matter related to or occurring on or about the Protected Property that is not a consequence of an activity of the Indemnified Parties undertaken under the rights granted to Grantee under this Conservation Easement; Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 19 of 22 Packet Pg. 93 8.6.a B. Violations or alleged violations of, or other failure to comply with, any federal, state or local law or regulation relating to pollutants or hazardous, toxic or dangerous substances or materials, including without limitation CERCLA (42 U.S.C. 9601 et seq.) and MTCA (ch. 70.105D RCW), by any person other than any of the Indemnified Parties, in any way affecting, involving or relating to the Protected Property, unless such violations or alleged violations are due to the sole acts or omissions of any of the Indemnified Parties on the Protected Property; C. The presence or release in, on, from or about the Protected Property, at any time, of any substance now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement of any substance hazardous, toxic or dangerous to the air, water or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties. XIII. Recordation. Grantee shall record this instrument in the Office of the Snohomish County Auditor and may re-record it at any time. XIV. Notices. Any notice, demand, request, consent, approval, or communication that any party desires or is required to give to another party under the terms of this Conservation Easement shall be in writing and either served at or mailed to: Grantee: Snohomish County County Executive Office 3000 Rockefeller Avenue, M/S #407 Everett, WA 98201 Grantor: City of Edmonds Office of the Mayor 121 5t" Avenue North Edmonds, WA 98020 or to such other address as any party from time to time shall designate by written notice to others. XV. General Provisions. A. Amendment. If circumstances arise under which an amendment to this Conservation Easement would be appropriate, the Grantor and Grantee may jointly amend this Conservation Easement by a written instrument to be recorded with the Snohomish County Auditor, provided that such an amendment does not diminish the effectiveness of this Conservation Easement in carrying out its purpose to permanently preserve and protect in perpetuity the Conservation Values of the Protected Property. Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 20 of 22 Packet Pg. 94 8.6.a B. Controlling Law. The interpretation or performance of this Conservation Easement shall be governed by the laws of the State of Washington and the Laws of the United States. Any legal proceeding regarding this Conservation Easement shall be initiated in Snohomish County Superior Court. C. Interpretation. This Conservation Easement shall be interpreted to resolve any ambiguities and questions of the validity of specific provisions to give maximum effect to its preservation purpose, as stated in Section II, above. If the Grantor has any doubt concerning the Conservation Easement, covenants, conditions, limitations or restrictions herein contained with respect to any particular use of the said Protected Property, it may submit a written request to the Grantee for consideration and approval of such use. D. Definitions. Any masculine term used in this Conservation Easement shall include the female gender. The terms "Grantor" and "Grantee," wherever used in this Conservation Easement, and any pronouns used in their place, shall be held to mean and include respectively the above -named Grantor, its successors, and assigns, and the above - named Grantee, its successors and assigns. Entire agreement. This Conservation Easement sets forth the entire agreement of the parties with respect to the issues addressed herein and supersedes all prior discussions, negotiations, understandings, or agreements relating to these issues, all of which are merged herein. No forfeiture. Nothing in this Conservation Easement shall result in a forfeiture or revision of Grantor's title in any respect. G. Successors. As stated in the above recitals, all covenants, terms, conditions, and restrictions of this Conservation Easement shall run with the land and be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. H. Severability. If any portion of this Conservation Easement is declared unlawful or invalid, the remainder of the Conservation Easement shall remain in full force and effect. I. Authority of signatories. The individuals executing this Conservation Easement warrant and represent that they are duly authorized to execute and deliver this Conservation Easement. J. No merger. If Grantee at some future time acquires the underlying fee title in the Protected Property, the interest conveyed by this Conservation Easement will not merge with fee title but will continue to exist and be managed as a separate property interest. XVI. Environmental Compliance. Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 21 of 22 Packet Pg. 95 8.6.a A. Grantor represents and warrants that, after reasonable investigation and to the best of Grantor's knowledge, Grantor and the Protected Property are in compliance with all federal, state and local laws, regulations and requirements applicable to the Protected Property and its use, including without limitation all federal, state and local environmental laws, regulations and requirements. B. Grantor further represents and warrants that there has been no release, dumping, burying, abandonment or migration from offsite onto the Property of any substances, materials or wastes that are hazardous, toxic, dangerous or harmful or are designated as, or contain components that are subject to regulation as hazardous, toxic, dangerous or harmful by any federal, state or local law, regulation, statute or ordinance. There is no pending or threatened litigation affecting the Property or any portion of the Property that will materially impair the Conservation Values. No civil or criminal proceedings have been instigated or are pending against Grantor or its predecessors by government agencies or third parties arising out of alleged violations of environmental laws, and neither Grantor nor its predecessors in interest have received any notice of violation, penalties, claims, demand letters or other notifications relating to a breach of environmental laws. C. Remediation. If at any time there occurs or has occurred a release in, on or about the Property of any substances now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement as hazardous, toxic or dangerous to the air, water or soil, or in any way harmful or threatening to human health or environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Grantee, in which case Grantee shall be responsible for remediation. TO HAVE AND TO HOLD unto GRANTEE SNOHOMISH COUNTY, its respective successors and assigns forever. IN WITNESS WHEREOF the parties have, by their authorized officers, set their own hands as of the day and year first stated above. GRANTOR: CITY OF EDMONDS Mike Rosen, Mayor Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 22 of 22 Packet Pg. 96 8.6.a STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) I, certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the Mayor of the City of Edmonds, the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day of , 202_. Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: Attest/Authenticated: Scott Passey, City Clerk /9»:A3VIIII7_1,lfEel lei INul Office of the City Attorney Date Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 23 of 22 Packet Pg. 97 8.6.a Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 24 of 22 Packet Pg. 98 8.6.a ACCEPTED BY GRANTEE: On , the Snohomish County Council adopted Motion authorizing the County Executive to accept the Conservation Easement, pursuant to RCW 64.04.130. GRANTEE: SNOHOMISH COUNTY JIM Dave Somers Snohomish County Executive STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) I, certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the of Snohomish County, the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day of , 202_. Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: APPROVED AS TO FORM: Deputy Prosecuting Attorney Date Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 25 of 22 Packet Pg. 99 8.6.a EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SUBJECT TO CONSERVATION EASEMENT Gerald and Evelyn Mee Property #1 AP N/Pa rce I I D : 00491100000805 (West parcel) LAKE MC ALEER 5 ACRE TRACTS BLK 000 D-05 - N 155FT OF S 530FT OF TR 8 & N 15FT OFS 390FT OF TR 9 LESS E 10FT FOR RD SUBJ ESE PUD 1 & LESS WD 397/187 TO CITY OF EDMONDS ALL THAT PORTION OF TRACTS 8 AND 9, LAKE MCALEER FIVE ACRE TRACT, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS PAGE 48, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 375 FEET NORTH OF THE SOUTHEAST CORNER OF SAID TRACT 9; THENCE NORTH 15 FEET; THENCE NORTH TO WEST LINE OF TRACT 9; THENCE NORTH ALONG SAID WEST LINE OF TRACT 9, 140 FEET;THENCE WEST TO EAST LINE OF RIGHT-OF-WAY OF SEATTLE EVERETT INTERURBAN RAILWAY; THENCE SOUTHWESTERLY ALONG SAD RIGHT-OF- WAY TO WEST LINE OF TRACT 8; THENCE SOUTH ALONG SAID WEST LINE OF TRACT 8 TO A POINT WEST OF POINT OF BEGINNING; THENCE EAST TO POINT OF BEGINNING EXCEPT COUNTY ROAD ON EAST SIDE TOGETHER WITH THAT PORTION OF TRACT 9, MCALEER FIVE ACRE TRACTS, RECORDED IN VOLUME 5 OF PLATS, PAGE 48, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT NORTH 2°32'33" WEST 530 FEET FROM THE SOUTH EAST CORNER OF SAID TRACT 9; THENCE SOUTH 88°06'2" WEST 300.14 FEET TO A POINT WHICH IS THE TRUE POINT OF BEGINNING; THENCE SOUTH 2°34'26" EAST 140 FEET; THENCE SOUTH 88°06'02" WEST 32 FEET; THENCE NORTH 2°34'26" WEST 140 FEET; THENCE NORTH 88°06'02" EAST 32 FEET TO THE TRUE POINT OF BEGINNING SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. Gerald and Evelyn Mee Property #2 APN/Parcel ID: No ID LAKE MC ALEER 5 ACRE TRACTS BILK 000 D-04 - W 31.44FT OF N 140FT OF S 530FT LOT 9 THAT PORTION OF TRACT 9, MCALEER FIVE ACRE TRACTS, RECORDED IN VOLUME 5 OF PLATS, PAGE 48, DESCRIBED AS FOLLOWS; Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 26 of 22 Packet Pg. 100 8.6.a BEGINNING AT A POINT NORTH 2°32'33" WEST 530 FEET FROM THE SOUTHEAST CORNER OF SAID TRACT 9; THENCE SOUTH 88°06'2" WEST 300.14 FEET TO A POINT WHICH IS THE TRUE POINT OF BEGINNING; THENCE SOUTH 2°34'26" EAST 140 FEET; THENCE SOUTH 88°06'02" WEST 32 FEET; THENCE NORTH 2°34'26" WEST 140 FEET; THENCE NORTH 88°06'02" EAST 32 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 27 of 22 Packet Pg. 101 8.6.a EXHIBIT B BASELINE SITE ASSESSMENT CURRENT CONDITIONS Please describe the current conditions of the site at the time of acquisition. If a descriptor below does not apply, then indicate "Not Applicable". Please include a description of: I. PROPERTY DATA A. Structures (residential, commercial, agricultural, historic) One house and two small outbuildings in poor condition. Intent is to demolish all of the structures within two years. B. Access Roads and/or Road Frontage Access to the property is a driveway from 76th Avenue and no other road frontage. C. Percentage & Type of Impervious Surfaces (note: gravel is considered impervious) N/A D. Utilities (power, water, gas, sewer/septic, storm water) There is power, water, and sewer utilities on this property. E. Other Site Improvements None F. Easements (road, utility, trail, agricultural, other) 1. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Grantee: Puget Sound Power & Light Company Purpose: Electric transmission and/or distribution line Recording No.: 925030 Affects: Portion of Said premises as now located or as hereafter may be relocated or extended by mutual consent of the parties hereto 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Edmonds Purpose: Sewer Recording Date: January 23, 1963 Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 28 of 22 Packet Pg. 102 8.6.a Recording No.: 1588258 Affects: Portion of Tract 9 in Parcel A 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Edmonds Purpose: Cuts, slopes and fills Recording Date: March 20, 1970 Recording No.: 2138210 Affects: Portion of Tract 9 in Parcel A G. Present Use/Proposed Future Use(s) Currently, the house and outbuildings are secured and the property is temporarily fenced off from adjacent existing park property. After built structures are demolished and the site is secure and deemed appropriate for public access, the temporary fencing will be removed and the property will be considered open space. Later, the property will be subject to a Master Planning process to determine how to best integrate the property with the adjacent park and provide any eligible amenities supporting public access. H. Mineral Rights and/or Water Rights Held by Property Owner and/or Others None I. Critical Areas None identified Existing Critical Areas Protection Areas and/or Native Growth Protection Areas (attach a copy of any documentation, e.g. Critical Areas Site Plan) None K. Historic Site Features (Other than Structures) None II. GRAPHIC DOCUMENATION OF CURRENT SITE CONDITIONS Please attach documents for items A — D. A. High resolution aerial photo showing outline of acquisition area. B. Ground photos of existing site features of significance C. Site map. Map should note location of features identified above (A - F), including impervious areas. D. Property boundary survey, if partial acquisition. Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 29 of 22 Packet Pg. 103 8.6.a Mee Property: Aerial and Property Line Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 30 of 22 Packet Pg. 104 8.6.a Mee Property: Site Photos % Figure 1 - Sequoia that is 6' across at DBH. One of many specimen and mature trees on the property Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 31 of 22 Packet Pg. 105 8.6.a Mee Property: Basic Site Map �� r 9gaGa ROBRRT Z TRUATAS ADDITION M. 10 (N.W CORNER TRACT 9 l `3�• 326.054' (R4) c� w 70 EAST LINE R.OW) �� M-05' (R5) Y _ 326.06' (CALL. TO EAST ROW LINE) IV y 1D - - S88'04'42'E 331.82' (CALL TO NW COR. TRACT 9) N.W. CORNER 331.58(P) 16P�p��. TRACT 9) c�i 33I.62 (R2) 331.67' (R3) "pf�� TPN 00491100000903 LAKE McALllER �s`&•� /�J ld��„ty �p�" \ FOUND 3/4" IRON PIPE JC ON PROPERTY LINE ` FOUND 1/2' REBAR AND CAP P°� 3 LS 11390, LIES 0.J't N.E. OF H CALCULATED CORNER POSITION �, ��\ ;�• -FENCE LIES 0.9.+ 'NOR7H OF CORNER .�,lC• 109.89' \ ,-- L- -- N88'44'14'W 300.14--------- 91`n ,!( dV •"� N889442'w -=; n (f:+ _ N8844'14W .ate. W. ti' �'�° 6�� ���J�R�a g 5 ACRE TRACTS 10 �r moo. �y.(60� •�' U t�S 8 NousE $ 3 TPN 00491700000907 1P7! ooa91 700000906 IPN 04911000005105 3 °p FOUND 1/2' REBAR AAst ND CAP; LS 71390 fj AT PROPERTY CORNER POSITION. FENCE LIES SEMI-ATFACHED -J- 52 I.84N X 0.91E. OF FOUND PROPERTY CORNER P„�, 'RpyP� SHOP Cyy GARAGE FOUND 7/2' REBAR yrC'15 VOL 5 FC. 48 g "q1., i a Y WITH SMASHED CAP z �- ON PROPERLY LINE Y z TPN 00491100000805 6' KOOD FENCE N 10 'o c 4' CIAIN LINK FENCE o `" i �6' WOOD FENCE 270.09' c 35' WDOD FENCE - -ON LINE 240TH PL SW NBB'44'14'W 331.66' - _ - 630.81' N EYY END FENCE S88'44'14'E 660.81' $ M TPN 00491100000003 y TPN 00491100000802 TPN 00491100000306 — — C0.X E.P. APN 7WHON4 15' ACCESS AND UTILITY EASEMENT TPN 00491f00000908 NSEWER �1 A 9 PER AFN 7901710214 FOUND I/2" REBAR EASEMENT g TPN 004911000"ID I 7PN W49110000M CM PROPERTY LINE PER AFN 1566258 331.52' (C) 331.46 (P) J31.52 (R2) — . _— _ -M O ' a 7 NBB'44'14'W 828.79' (M FOUND MONUMENT !N CASE 628. n (�3 242ND ST SW 1.5' BRASS DISK, W TH 7Y FOUND MONUMENT IN CASE 1.0't OEEI, 0110512024 2.5' BRASS DISK' WITH 'PUNCH' DOWN 0.6"t; 01/05/2024 LEGEND B FOUND MONUMENT AS NOTED 03 CALCULATED MONUMENT POSITION O FOUND REBAR / [RON PIPE AS NOTED 4 UTILITY POLE (-- GUY ANCHOR BOUNDARY UNE ROAD CENTERUNE RIGHT OF WAY UNE PARCEL LINE �- TRACT LINE O CHAIN LINK FENCE —0C1 WOOD FENCE -PIP- OVERHEAD POWER UNE r" O3' N.— DISTANCE AND DIRECTION OF FEATURE FROM PROPERTY LINE Interlocal Cooperation Agreement between Snohomish County and City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds TPN TAX PARCEL NUMBER AFN AUDITOR'S FILE NUMBER ROW RIGHT OF WAY RDS RECORD OF SURVEY C.O.E. SP. CITY OF EDMONDS SHORT PLAT (RI) PER SURVEY REFERENCE NUMBER. (P) PER PLAT (C) CALCULATED (M) MEASURED RAD RADIAL UNE Page 1 of 1 Packet Pg. 106 8.7 City Council Agenda Item Meeting Date: 04/16/2024 Hankins PB Appointment Confirmation Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Due to the resignation of Planning Board position #6 member in November 2023, the Planning Board Alternate moved into the vacant #6 position, leaving the Alternate position open. With the election of new Mayor Mike Rosen, it was decided to postpone advertising for the position until he took office. The open position was advertised on February 20, 2024. On February 21, 2024, position #6 member resigned leaving a second position open. Five applications were received. Three of those applicants were interviewed by Mayor Rosen for the two open positions. Staff Recommendation Confirm appointment of Lee Hankins to Planning Board position #6. This position is a partial term that expires on 12/31/2024. Narrative Mayor Rosen recommends appointment of Lee Hankins to Planning Board position #6. Packet Pg. 107 8.8 City Council Agenda Item Meeting Date: 04/16/2024 Li PB Appointment Confirmation Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Due to the resignation of Planning Board position #6 member in November 2023, the Planning Board Alternate moved into the vacant #6 position, leaving the Alternate position open. With the election of new Mayor Mike Rosen, it was decided to postpone advertising for the position until he took office. The open position was advertised on February 20, 2024. On February 21, 2024, position #6 member resigned leaving a second position open. Five applications were received. Three of those applicants were interviewed by Mayor Rosen for the two open positions. Staff Recommendation Confirm appointment of Steven Li to the Planning Board Alternate position. This position is a partial term that expires on 12/31/2025. Narrative Mayor Rosen recommends appointment of Steven Li to the Planning Board Alternate position. Packet Pg. 108 8.9 City Council Agenda Item Meeting Date: 04/16/2024 Reid ESCC Appointment Confirmation Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History The Edmonds Sister City Commission currently has three open positions. Recruitment for these open positions has been ongoing. Dr. Karen Reid applied for one of the open positions. All three open positions are partial terms that expire on 12/31/2024. Staff Recommendation Confirm appointment of Dr. Karen Reid to Edmonds Sister City Commission position #1. This position is a partial term that expires on 12/31/2024. Narrative Mayor Rosen recommends appointment of Dr. Karen Reid to Edmonds Sister City Commission position #1. Packet Pg. 109 8.10 City Council Agenda Item Meeting Date: 04/16/2024 Stine ADB Appointment Confirmation Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Due to Architectural Design Board term limit retirements, position #2 Builder, and position #5 Architect became vacant on 12/31/2023. The two positions were advertised on October 3, 2023. Then Mayor, Mike Nelson, interviewed four candidates, two for each position. Two candidates were chosen for the open positions. Both candidates were scheduled for Council interviews and subsequent appointment confirmation at the December 19, 2023 meeting. Only one of the candidates showed up for the interview, that candidate was interviewed and appointed to position #2 Builder. Position #5 Architect was left open. With no other opportunities for council to interview the second candidate prior to the end of 2023, it was left to incoming Mayor, Mike Rosen, to fill the position. Mayor Rosen interviewed the two previously interviewed candidates for this position, along with a third candidate whose application was received in March 2024. Staff Recommendation Confirm appointment of Todd Stine to Architecture Design Board position #5 Architect. This is a full term position that expires on 12/31/2027. Narrative Mayor Rosen recommends appointment of Todd Stine to ADB position #5 Architect. Packet Pg. 110 8.11 City Council Agenda Item Meeting Date: 04/16/2024 Henkes EAC Appointment Confirmation Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Edmonds Arts Commission position #7 member resigned in January 2024 leaving that position open. The position was advertised on January 23, 2024. The EAC members reviewed applicants and put forth candidate Beth Henkes for Mayor Rosen to interview. Staff Recommendation Confirm appointment of Beth Henkes to Edmonds Arts Commission position #7. This position is a full term that expires on 12/31/2027. Narrative Mayor Rosen recommends appointment of Beth Henkes to Edmonds Arts Commission position #7. Packet Pg. 111 8.12 City Council Agenda Item Meeting Date: 04/16/2024 2023 Transportation Impact Fee Annual Report Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On April 9, 2024, this item was presented to the Parks and Public Works Committee. The item will be received for filing at the April 16, 2024 City Council meeting. Staff Recommendation Receive 2023 Transportation Impact Fee Annual Report for filing. Narrative In 2004, the City authorized the collection of Transportation Impact Fees to help pay for transportation projects that are needed to serve new growth and development. Pursuant to Section 3.36.080(C) of the Edmonds City Code (ECC), Attachment 1 is an accounting of the Transportation Impact Fee Fund for 2023. The City collected a total of $323,573 in transportation impact fees during 2023. These revenues combined with the earned interest of $74,640 and the 2023 beginning fund balance of $2,280,814 resulted in a total available funding of $2,679,027. On the expense side and in accordance with section 3.36.100 of the ECC, the transportation impact fee fund paid $21,388.23 for the annual debt service to the Public Works Trust Fund (PWTF) for the 220th Street SW Improvements Project and $35,976.01 for the local match on the design work completed in 2023 on the 76th Ave/220th St. Intersection Improvement Project. Attachments: Attachment 1 - 2023 Transportation Impact Fee Report Attachment 2 - 2023 Traffic Impact Fee Presentation Packet Pg. 112 8.12.a 2023 Transportation Impact Fee Receipts and Funds Transfer Transportation Impact Fee Fund Account Number: 112.502.345.86.000.00 RECEIPTS Owner/Applicant Fee Collected Permit Receipt Previous New with Building Date Number Number Site Address ITE Land Use ITE Land Use Notes Permit Fee Amount 02/18/2023 BLD2021-0809 R26544 Quantum Homes, LLC vacant SFR X $6,249.14 7903 240th St. SW 02/18/2023 BLD2021-0811 R26543 Quantum Homes, LLC vacant SFR X $6,249.14 7905 240th St. SW 02/18/2023 BLD2021-0812 R26542 Quantum Homes, LLC vacant SFR X $6,249.14 7907 240th St. SW 02/22/2023 BLD2022-1092 R26614 Select Homes Inc. vacant SFR X $6,249.14 19512 88th Ave. W 02/22/2023 BLD2022-1105 R26614 Select Homes Inc. vacant SFR X $6,249.14 19510 88th Ave. W 03/27/2023 BLD2021-0810 R27368 Quantum Homes, LLC vacant SFR X $6,249.14 7901 240th St. SW 04/12/2023 BLD2022-1276 R27790 Konasiewicz duplex triplex New studio apartment X $4,092.36 above garage. 7606 206th St. SW 04/14/2023 PLN2021-0034 R27875 Herzer SFR SFR SFR fee collected with $6,249.14 subdivision as SFR was already built, but creation of lot is new. No separate building permit required. 16209 74th Pl. W 06/15/2023 06/21/2023 BLD2022-0439 R29470 Angle vacant SFR X $6,249.14 15724 72nd Ave. W 07/27/2023 BLD2022-1319 R30275 Housing Hope vacant affordable 52 affordable housing X $29,131.11 housing apartment units and 1,228 sq. ft. general office. 8215 236th St. SW 08/15/2023 BLD2022-0746 R30703 Select Homes Inc. vacant SFR X $6,249.14 8929 220th St. SW 08/16/2023 BLD2023-0292 R30709 Select Homes Inc. vacant SFR X $6,249.14 8923 220th St. SW 08/17/2023 BLD2023-0072 R30779 Pacific Ridge DRH, LLC vacant SFR X $6,249.14 23904 91 st PI. W 08/17/2023 BLD2023-0253 R30780 Pacific Ridge DRH, LLC vacant SFR X $6,249.14 23906 91 st Pl. W 08/17/2023 BLD2023-0254 R30781 Pacific Ridge DRH, LLC vacant SFR X $6,249.14 23910 91 st Pl. W 08/17/2023 BLD2023-0255 R30778 Pacific Ridge DRH, LLC vacant SFR X $6,249.14 23903 91 st Pl. W 08/22/2023 BLD2023-0504 R30851 vacant SFR X $6,249.14 23901 91st Pl. W 08/22/2023 BLD2023-0510 R30850 Pacific Ridge DRH, LLC vacant SFR X $6,249.14 23908 91 st PI. W TRANSFERS 2023 N Transaction Amount Cumulative LL Fund Name Reference Transferred Total V Beginning Balance $2,280,81& Q $2,287,063. _ O $2,293,312., O $2,299,561.1 CL C t4 $2,305,8 ...' M $2,312,059.' p N $2,318,309. O t2 tv $2,322,401. d LL r t� to t2 E $2,328,650., C GJ 230098 PWTF Annual -$21,388.23 O Loan Payment $2,307,262., M O $2,313,511. N C i F- M $2,342,642.1 C N $2,348,891. r C $2,355,140.' t $2,361,390.1 V R Q $2,367,639. C d $2,373,888. E L V t4 $2,380,137. y Q $2,386,386.1_ Packet Pg. 113 8.12.a 2023 Transportation Impact Fee Receipts and Funds Transfer Transportation Impact Fee Fund Account Number: 112.502.345.86.000.00 08/22/2023 BLD2023-0686 R30848 Pacific Ridge DRH, LLC 23907 91 st PI. W 08/29/2023 BLD2023-0685 R31016 Pacific Ridge DRH, LLC 23905 91 st Pl. W 09/01/2023 BLD2022-0989 R31102 Village Life LLC 10234 242nd PI. SW 09/14/2023 BLD2022-1279 R31330 Select Homes Inc. 741 Aloha St. 10/23/2023 BLD2023-0750 R32179 Nova Family Center 21010 76th Ave. W 11/01/2023 BLD2022-0670 R32427 Avid Landscaping 7328 210th St. SW 12/05/2023 BLD2023-1136 R33009 Kuzma's Fish Market 21104 70th Ave. W 12/1112023 BLD2023-1429 R33171 North Haven Apartments 7929 236th St. SW 12/13/2023 BLD2023-0699 R33201 Edway Taphouse 22811 100th Ave. W, A 12/28/2023 BLD2022-0412 R33544 Pine Park 614 5th Ave. S, Building C 12/31 /2023 vacant SFR X $6,249.14 vacant SFR X $6,249.14 vacant SFR X $6,249.14 vacant SFR X $6,249.14 office daycare center Change in use from general X $4,979.62 office to daycare center. SFR commercial Chage in use from SFR to X $98, 703.06 landscape office. Independent fee calculation. manufacturing specialty retail Expansion of Kuzma's Fish X $8,359.30 Market specialty retail space into space previously used for manufacturing. office apartment Converted office space to X $4,092.36 apartment at existing apartment building, adding one new unit. specialty retail brewery/ 731 sq. ft. of space X $9,144.81 taphouse converted to a brewery taproom, while the remaining area will remain as specialty retail for new tenant. general office towhnhouse 8 new townhouse units. X $40,088.02 and ice cream parlor Total Transportation Impact Fess collected in 2023 = $323,573.44 Interest Earned 2023 $74,639.62 d d LL w c� Q $2,398,884.' E C $2,405,134.1 O r $2,411,383. p CL to $2,417,632. is L H M N $2,422,611.' N O IZ O $2,521,314.', d O LL t� to IZ $2,529,674.i C O R O Q $2,533,766.1 to C i H M N 0 N $2,542,911. _ d E t 0 $2,582,999. GJ 230276 to 76th/220th-$35,976.01 Q Intersection +- Improvements $2,547,023. d E L to 2023 YEAR-END BALANCE= $2,621,663.1 Q Packet Pg. 114 C%V Eli U 2023 Traffic Impact Fee Report April 9, 2024 8.12.b Impact Fees Expenditures 220t" St. Loan Payment 761n/2201n Intersection Improvements 2023 Interest Ending Balance $323,573 ($21,388) ($35,976) $ 74, 640 $2,621,663 Packet Pg. 116 8.12.b 11 2004-13 $1,083,941 2014 $202,295 2015 $66,334 2016 $139,031 2017 $372,481 2018 $201,348 2019 $442,245 2020 $805,648 2021 $292,730 2022 $323,888 2023 $323,573 Packet Pg. 117 8.13 City Council Agenda Item Meeting Date: 04/16/2024 Approval of 5-ft dedication for 98th Ave W right-of-way adjacent to 22214 98th Ave W Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On April 9, 2024, this item was presented to the Parks and Public Works Committee and was forwarded to the consent agenda. Staff Recommendation Approve street dedication. Narrative The City is currently reviewing a proposed 3-lot subdivision, at 22214 - 981" Ave W. In accordance with Edmonds Community Development Code (ECDC) 20.75.085 (Subdivision - Review Criteria), the city council may require dedication of land in the proposed subdivision for public use. In accordance with ECDC 18.50.020 (Official Street Map - Dedication presumption and requirement), applicants for a subdivision shall be presumed to create development impacts upon the street and transportation system of the city and such presumed impacts shall be mitigated by the dedication of such right-of-way to the city and to public use. The City's Official Street Map indicates a 5-foot right-of-way dedication is required along the 98t" Ave W property frontage of the subject development. As a condition of development, the 5-foot right-of-way shall be deeded to the City. Subsequent to Council approval of the street dedication, the dedication will be recorded against the subject property with the final plat documents for the subdivision. Attachments: Attachment 1 - Vicinity Map Attachment 2 - Site Plan and Dedication Packet Pg. 118 8.13.a EPEE City of Edmonds Vicinity Map 7■�qL7 o� J ■ U�J0. L•f�"�1L +,+ Q�po�rMrq � L7.7 L7 ill Tp rJi ter■ �e�e�ll�� ©rq IL , oT-H-1111111111 ■ x L C a > c1 LL i 4 [JA opT� tic:� �!�e o�l3 F3 ©� Qo oo Em � � �a o� Mrl" LU 00 rn 447.67 895.3 Feet 666.7 This ma is a user generated static output from an Internet mapping site and 8,��� p B p pp B reference only. Data layers that appear on this map may or may not be accL 1984_Web-Mercator _Auxiliary -Sphere current, or otherwise rell ty of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCI v :a Sg9 E] 3 Legend s Sections Boundary Sections Edmonds Boundary > ArcSDE.GI5.PROPERTY _BUILDIN( ArcSDE.GIS.STREET CENTERLINE' 00 - C) <all other values> i ' Interstate - - C Principal Arterial C Minor Arterial; Collector Local Street; On Ramp d State Highways — <all other values> -- 0 O 1 Q. CL 2 a County Boundary IZ Parks ArcSDE.GIS. PROPERTY WASHIN( r ArcSDE.GIS. PROPERTY _CITIES v ArcSDE.GIS.PROPERTY_CITIES City of Edmonds City of Lynnwood C d City of Mountlake Terrace Unincorporated King Co; Unincorpc City of Woodway Q Citv of Arlinaton: Citv of Bothell: Cit C N Notes E c� Q Packet Pg. 119 I 8.13.b I LEGAL DESCR/PT/ON (PER SUBDIVISION GUARANTEE 500125015C - REV 2 DATED 10.24.22) THAT PORTION OF THE EAST HALF OF THE NORTH HALF OF TRACT 3, FOURTNER S HOMESTEAD PLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 1 OF PLATS, PAGE 97, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTH HALF OF SAID TRACT 3, THENCE NORTH 88' 1645" WEST 374 FEET; THENCE NORTH 24'41 '07" EAST 180.25 FEET; THENCE SOUTH 88'1645" EAST 212.0 FEET,• THENCE SOUTH 01'09'04" WEST 145.97 FEET; THENCE SOUTH 88'16'45" EAST 90 FEET; THENCE SOUTH 01'05'30" WEST TO THE POINT OF BEGINNING; SITUATED IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. SURVEYOR NOTES 1. THIS SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF PARTIES WHOSE NAMES APPEAR HEREON ONLY, AND DOES NOT EXTEND TO ANY UNNAMED THIRD PARTIES WITHOUT EXPRESS RECERTIFICATION BY THE LAND SURVEYOR OF RECORD. SE -1/4, SEC25, TWP 27N, RGE 3E, W.M. 98TH AVE W SHORT PLAT MON. IN CASE: 3" BRASS DISC W/ 'X" IN 4"x4" CONC. POST DOWN 0.7' 1011112021 0.03'(N) & 0.17'(W) OF CALC D POSITION 2. BOUNDARY LINES SHOWN AND CORNERS SET REPRESENT DEED LOCATIONS; OWNERSHIP LINES MAY VARY. NO GUARANTEE OF OWNERSHIP IS EXPRESSED OR IMPLIED. \ BASIS OF BEARINGS THE MONUMENTED CENTERLINE OF 98TH AVE. W., \ AS THE BEARING OF N 01 03'27" E VERTICAL DATUM BENCHMARK \ MON /N CASE ON CENTERLINE OF 987H AVE. W. 25' LOT 10 EASTERLY OF SOUTHEAST CORNER (ON SOUTH LINE FOUND REBAR/CAP '50711" TW VIEW ESTATES EXTENDED) OF SUBJECT PROPERTY. 0.1'(W) OF WEST DEED LINE BENCHMARK ELEVATION = 378.37 9 CORNER(SEE NOTE 1) VO " 17, PGS" 56-57 (OBTAINED FROM GPS OBSERVATIONS) 00602100100900 \ DATUM : NA VD 88 NANCY P A W/LL/AMS FOUND REBAR/CAP \ "SVP 32442" 0.1 '(N) OF CORNER JIM 346 348 350352 `�ss� M VJ `�rno c�6 3\ `�� �, -6�-- —0 PRELIMINARY SNORT PLAT 220TH ST SW MON. IN CASE. • 3/8" BRASS ROD IN CONC. DOWN 1.5' 1011112021 N 88° 16' 15" W 653.41 '(C, R 1, R2) (653.58' MEAS.) (HELD FOR ROTATION) _ - 110 00602100101000 DOUGLAS J & ELLEN FAh EX 10DRAINAGE & UTILITY EASEMENT (1302082) N �p CID M N to M \ 1 1 % rI \ — 1 ' l / I \ i � r I / ►/ i i \\ 1► i i I � 1 I� G / ► r I 1 3 r ► \ Ii i �I ` S ,347iSF 00450700J00005 / N88 645 W 198.55' DUFFY/STECKL Y / / / / / / W / / / / / / / / �— — — — — — — — — — — — — — r��t I 20' ACCESS, DRAINAGE & UTILITY EASEMENT 10' JOINT UTILITY EASEMENT �\ N.'�/ // to 12 to yl, 061 SF �' I 1p,721 (NET) 1 EXISTING SHED — TO BE )?EMOVED / - / i 88 6'45"W 209.21 ' to 00450700J00004 CARL A & CYNTHIA L STOUT r UU1VU mr-0mrc/ i.nr o yr J24421 " 0.1 '(N) OF CORNER; LOT 3 FEN END 0.1'(N) & 0.7'(E) OF CORNER 00450700J00010 ROBERT POHL & NA THAN P MAL TOS/PHYLL/S KENNEY / LOT I / 00450700J00007 / DARCY J WALKER 3 CL I I ISP 292(7-77) (AFN 7804040281) I I / I EXISTINGHOUSE I I / TO BE REMOVED b 0 / A- 90 00'00" I ►� SF o / L=29.85' \ a 7 45"W FOUND REBAR/CAP + I I " SHED % „SVP 32442" AT I �... CORNER yJ 37¢_-. , I of �, 5 TO BE DED/GATED^ 1.00' ` �� o a. I TO CITY OF EDMONDS _i / 6 -58876'45 "E 90.00' EXISTING SHED Ll/J1/� TRACT 999 -+/ I L 77. TO BE REMOVED `� b ACCESS/UTLITY 3 _- 3 I I — " I. J /------_ �� - �\ _ 3,821 SF - - - - - - - - - N8'876 45 W 207.39' b 1\/ .1............. . FENCE, 2+00 N8876'45 374.00' — - �Tl/l/7/7T/lll/TTl/%77 HOUSE FOUND REBAR/CAP I FOUND REBAR/CAP 'SVP 32442" 0.1'(S) I '22969/12055" 0.1'(S) OF LINE OF CAI r"n POSITION r0i LOT 2 00450700J00012 FIRESTONE LIVING TRUST VICINITY MAP SCALE.- 1' = 2000' N SCALE.- 1" = 20' 0 10 20 40 P%AM ENGINEERING, INC. Civil Engineering / Land Planning 19109 36TH AVE W, SUITE 100 LYNNWOOD, WA 98036 PHONE: (425) 678-6960 WWW.RAMENGINEERINGINC.COM 31 m o y U W W 0c PROJECT TEAM OWNER/APPLICANT CIVIL ENGINEER SELECT HOMES RAM ENGINEERING, INC. 8304 212TH ST SW 19109 36TH AVE W, SUITE 100 EDMONDS, WA 98026 LYNNWOOD, WA 98036 (425) 742-6044 (425) 678-6960 EMAIL: KAYLA.CLARK@OUTLOOK.COM EMAIL: ROBL@RAMENG/NEER/NG/NC.COM CONTACT- KAYLA CLARK CONTACT. ROB L. LONG, PE SURVEYOR PACIFIC COAST SURVEYS, INC. PO BOX 13619 MILL CREEK, WA 98082 512-7099 CONTACT- DARREN J. RIDDLE, PLS lIiiiift SITE DATA Q SITE ADDRESS. • 22214 98TH A l/E W EDMONDS, WA 98020 TAX PARCEL ID NUMBER. 00450700J00002 TOTAL SITE AREA: 42,957 SF (0.99 AC) EXISTING ZONING. • RS-8 PROPOSED ZONING. NO CHANGE L NUMBER OF LOTS PROPOSED: 3 LOTS O O PROPOSED LAND USE. SINGLE FAMILY RESIDENTIAL MAX BUILDING HEIGHT- 25 FEET � O MAX LOT COVERAGE FOR STRUCTURES. 357. TOTAL LOT AREA Z MAX DENSITY.• 5.5 UNITS PER ACRE PARKING REQUIRED PER LOT- 2 ROAD AREA (ROW DEDICATION): 100 SF GROSS DENSITY (3/0.99): 3.03 D. U. PER ACRE N � � N CONSERVATION SUBDIVISION DESIGN Q 41 Z AVERAGE LOT SIZE (NET LOT AREA): 12,565 SF Z -4 J (37, 696 SF / 3) W 0 SMALLEST NET LOT SIZE (LOT 3): 9,347 SF y *SETBACK REQUIREMENTS: STREET SETBACK M/M/NUM = 15 FEET REAR SETBACK MIN/MUM = 10 FEET SIDE SETBACK MIN/MUM = 5 FEET * PER EDC 20.75.048(B)(1) 111�4- **MAXIMUM LOT COVERAGE ALLOWED = 13,194 SF (359 X 37, 696 SF) ACTUAL LOT COVERAGE = 6,622 SF **PER EDC 20.75.048(B)(3) AGENCIES/UTILITIES JURISDICTION CITY OF EDMONDS STORM DISTRICT CITY OF EDMONDS WATER DISTRICT OLYMPIC VIEW WATER & SEWER DISTRICT SEWER DISTRICT CITY OF EDMONDS SCHOOL DISTRICT EDMONDS SCHOOL DISTRICT NO. 15 FIRE DISTRICT SNOHOMISH COUNTY FIRE DISTRICT NO. 1 TELEPHONE ZIPLEY ELECTRICAL SNOHOMISH COUNTY PUD NO. 1 GAS PSE GARBAGE REPUBLIC SERVICE o ws LO O x d SHEET INDEX Q 5 � �Gis CITY OF EDMONDS �IONAL 1 PP-01 PRELIMINARY SHORT PLAT 2 EC-01 EXISTING CONDITIONS MAP Know what's below. Call before you dig. THE BOUNDARY AND TOPOGRAPHY SURVEY SHOWN ON THIS SITE PLAN WERE PREPARED UNDER THE DIRECT SUPERVISION OF A WASHINGTON STA TE PROFESSIONAL LAND SURVEYOR ENGINEER: Z Z C4 V) ROB L. LONG, PE DRAWN BY.• MIKE MORRIS ISSUE DA TE• SCALE.- 1113122 AS NOTED JOB NO: 21-011 SHEET.• PP-01 SHT 1 OF-2 I Packet Pg. 120 8.14 City Council Agenda Item Meeting Date: 04/16/2024 Approval of professional services agreement for KPG/Psomas to provide design engineering services for the Phase 5 Storm Utility Replacement/Rehabilitation Project. Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On June 13, 2023, staff presented Professional Services Agreement for design services for Phases 4 Storm Utility Replacement/Rehabilitation Projects to the Parks and Public Works Committee and it was forwarded to the consent agenda for Council approval. On June 20, 2023, City Council approved the above item on the consent agenda. On April 9, 2024, this item was presented to the Parks and Public Works Committee and was forwarded to the consent agenda. Additional clarification was requested for Site C and whether this was a third construction site in 2025. Staff Recommendation Approve agreement. Narrative The City issued a Request for Qualifications (RFQ) in November 2021 to hire a consultant to provide design engineering services for the Phase 4 and 5 Storm Replacement/Rehabilitation Projects. The City received statements of qualifications from four (4) engineering firms and the selection committee selected KPG/Psomas to provide design engineering services for these Projects. On June 20, 2023 Council approved KPG/Psomas to be the consultant to provide design services for the Phase 4 and 5 Storm Utility Replacement/Rehabilitation Projects and authorized the mayor to sign the Professional Services Agreement for the projects that were scheduled to be designed as part of the Phase 4 Storm Utility Replacement/Rehabilitation Project contract. A separate agreement has now been negotiated to design the improvements to be constructed in 2025 as part of the Phase 5 work. The City has negotiated a consultant fee of $137,544 for this phase. This agreement will be funded by the Storm Water Utility Fund. The Phase 5 Project will focus on rehabilitation of portions of the City's Storm Water network using Cured in Place pipe technology. It is estimated that approximately 2,100 feet of existing pipe within the City will be rehabilitated. Packet Pg. 121 8.14 The selection of the sites was determined using maintenance data supplied by the City's Storm Water maintenance and operations division for pipes that have large amounts of root intrusion or where the existing pipe material is corrugated metal, which is subject to corrosion. The existing corrugated metal pipe can be lined to ensure the continued function of these pipes and to mitigate the possibility of sinkholes due to the pipe corrosion. Additional Information for Site C: In addition, a third site, site 'C' has been added to the scope for evaluation and preliminary 10% design only. This site will not be included in the Phase 5 (2025) construction project. The site is located in an undeveloped parcel owned by the City, northeast of Seaview Park and directly north of 18325 80t" Ave W. The vast majority of the parcel is a steep slope critical area, thereby making trenchless rehabilitation and repair methods desirable. The pipe for site 'C' is deteriorated with the bottom of the pipe being rotted out in certain locations making CIPP rehabilitation difficult and potentially not possible. Other trenchless methods will be evaluated so that suitable trenchless rehabilitation alternatives, like pipe sliplining, a possibility. The consultant will provide a recommended alternative and provide an approximate construction cost. Attachments: Attachment 1 - Site Map Attachment 2 - Agreement Packet Pg. 122 lvtp�i City of Edmonds SEWER REPLACEMENT I 8.14.a I Ow 0P Ic \ AE W oR PUGET DR �— z - w a x 524 F- CASPERSST c D m Z Q �O j 4MAIN Q WALNU 1 ST 17 N 7a ROwf)O�N wAY F T 196TH ST SW o EDMONDS x S S5 SIkLT `58 T27'l 1 I r� �9r y Lu LYNNWOOD 00 1Z 208TH 5T SW `l l I LA) II I 212TH S I SW Ir, w < r, > I G SHT11 < xl- l I S41T13 IhT14 526 T27N S25 220TH STSW S24T27N R R' E � QP S o, C, ESPERANCE �P • 0r 226TH PL SW U > 228TH STSW WOODWAY a 0 0 IF SHORELINE (104 < 99 T pop r < rr •MOUNTLAKE I syr ;o 84 E �— 238TH STSW FDMONDS Wqy .fHSTSW — — -- — - TERRACE ,-SHT;I T& 2 T27A, R4E r' LAKE BALLINGER WAY Legend Sections Edmonds Boundary ArcSDE.GIS.STREET_CEN' <all other values, Interstate Principal Arterial Minor Arterial Collector Local Street; On Ramp State Highways <all other values> 0 1 a i 2 County Boundary Parks ArcSDE.GIS.PROPERTY _11 ArcSDE.GIS. PROP ERTY_C ArcSDE.GIS.PROPERTY _C City of Edmonds City of Lynnwood City of Mountlake Terrac Unincorporated King Co; City of Woodway y C City of Arlington; City of 1 L City of Gold Bar; City of ( City of Marysville; City of Mukilteo; City of Snohorr Town of Darrington; Tow Snohomish County Counties " ArcSDE.GIS. PROP ERTY_V 1:24,249 O Control Script failed 0 Control Script Control Feet LScaleBarDistance �..1 _.....�_� cfor This map is a user generated static output from an Internet mapping site and is for HalfDistance control reference only. Data layers that appear on this map may or may not be accurate, , Yg@�,1984_Web_Mercator_Auxiliary_Sphere , Source= current, or otherwise reliable. r && t1Et@fl5qygRa,ds HalfDistanceCalc _ScaleBarDist ance2, THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION Packet Pg. 123 1 8.14.b OF EpM °"� CITY OF EDMONDS MIKE 121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 WWW.EDMONDSWA.GOV ROSEN MAYOR ,,,,��a° 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 KPG Psomas, Inc., hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide design engineering services with respect to the Phase 5 Stormwater Utility Replacement/Rehabilitation project; 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 ONE HUNDRED THIRTY-SEVEN THOUSAND FIVE HUNDRED AND FORTY-FOUR DOLLARS ($137,544.00). 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. Packet Pg. 124 8.14.b 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. 3. Ownership and use of documents. All research, tests, surveys, 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. 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. Notwithstanding the foregoing, Consultant shall not be liable for delays due to causes beyond its reasonable control. 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, reckless, or intentionally wrongful acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole 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. 2 Packet Pg. 125 8.14.b 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 Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than 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). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or 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. During pendency of this Agreement, the Consultant shall not perform work for any project in which either the Consultant's work for another entity or its work on a property located within the City of Edmonds may be reasonably perceived as a conflict of interest with its work for the City without written notification to the City and the City's prior written consent. Packet Pg. 126 8.14.b 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party 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 use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 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 individuals, and any other standards or criteria as described in the Agreement to assure quality of services. Because this Agreement is subject to federal nondiscrimination laws, the Consultant 4 Packet Pg. 127 8.14.b 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: KPG Psomas, Inc. 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 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 2024. KPG PSOMAS, INC. Mike Rosen, Mayor BY: ITS: ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 5 Packet Pg. 128 8.14.b 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: 6 Packet Pg. 129 8.14.b 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. 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. 6. 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. Packet Pg. 130 (Appendix E of USDOT 1050.2A Standard Title VI Assurances) 8.14.b 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. 131 8.14.b EXHIBIT A City of Edmonds — Phase 5 2025 Stormwater Utility Rehabilitation Project — KPG Psomas Scope of Work March 2024 INTRODUCTION A. PROJECT BACKGROUND AND UNDERSTANDING The City of Edmonds (City) is developing a project hereby referred to as the Phase 5 2025 Stormwater Utility Rehabilitation Project (City Project). The City has inventoried several conveyance pipes that are located within major streets and rehabilitation is desired before potential failing. The City Project proposes rehabilitation of these CM conveyance pipes using Cured in Place Pipe Lining (CIPP) at several locations throughout the City: • 80u' Avenue W — existing 24-inch CMP (Pipe ID# - 2654, 2656, 2658, 2659, and 2662) • SR104 —existing 42-inch CMP (Pipe ID# - 4938, 4988, 4989, 4995, 4996, 10569, and 4997) In total, the City Project will rehabilitate approximately 2,125 linear feet of CM conveyance piping, utilizing CIPP technologies to the extent feasible to minimize disturbances. The City Project is anticipated to be put out for ad in Q1 2025 and constructed during 2025. Additionally, the City has identified a site, "Site C", with existing stormwater CM conveyance piping that was previously analyzed and potential improvements designed to a "rough" 30%-level. The City has requested a re-evaluation of both segments (Pipe ID# - 7787 and 7788) of the "Site C" existing conveyance piping be performed now that the nearby Seaview Park infiltration system is functional. The City has also requested that potentially suitable alternative rehabilitation method(s) (e.g. sliplining) be identified and recommendations provided for improvement. The existing conveyance piping is significantly deteriorated with the bottom of the pipe being rotted out in certain locations, thereby making CCTV inspection footage unavailable. The following scope of work outlines the KPG Psomas (KPG) consultant team's efforts to provide the desired design and related services to complete plans, specifications, and estimates (PS&E) in support of the City Project. General locations of proposed CIPP rehabilitation work are illustrated in the City -provided PDF maps at the end of this document. B. GENERAL ASSUMPTIONS The following general assumptions were identified to establish a scope and fee estimate for KPG's efforts associated with the City Project. Project assumptions related to specific individual tasks follow and are E included with individual task scope descriptions, hereafter. 0 • City -provided GIS data, LiDAR, and available aerial imagery will serve as the basis for the base a map used to develop Stormwater Rehabilitation Plans. City of Edmonds Phase 5 Page 1 KPG Psomas 2025 Stormwater Utility Rehabilitation Project March 2024 Packet Pg. 132 8.14.b EXHIBIT A • Should the City/KPG conclude that trenchless repair is infeasible, alternative methods may be assessed. Open trench pipe repair or replacement, if necessary, may require supplementary scope and/or budget on a case -by -case basis. • Applicable City/local agency, and/or WSDOT Standard Plans will be utilized as appropriate and included for reference in the provided Design Plans. • The City Project is anticipated to be completed without need for excavation and/or significant modification (i.e., relocation/replacement) of exiting buried utilities. Stormwater Rehabilitation Plans will be prepared without supporting field survey or utility locates. • Draft construction phasing plans and approved temporary traffic control plans will be developed for the project. • Existing stormwater utilities are understood to be located within existing right of way or recorded easements. As such, right of way acquisition and new permanent utility or temporary construction easements/rights of access are not included in this scope of work. • Plans will be developed utilizing AutoCAD or Civil 3D 2022 using KPG drafting standards and plotted on City of Edmonds title block. Plans will use City Standard Drawing symbols and nomenclature. Plans shall be assigned the local projection NAD83 Washington State Plan North, HARN, US Feet. • Stormwater conveyance capacity analyses are not required for this project; except as otherwise specifically identified, stated, and defined herein. • Stormwater utility profiles are not included in this scope of work. • ESC plans are not included in this scope of work. If required, the Contractor will develop the ESC plan for the project. The responsibilities of the Contractor shall be defined in the Project Manual. • A Stormwater Pollution Prevention Plan (SWPPP) is not included in this work scope. If required, the Contractor will develop a SWPPP for the project. The responsibilities of the contractor shall be defined in the Project Manual. • Proposed rehabilitation activities are SEPA exempt, as targeted pipe runs are within the confines of existing utilities and do not materially expand or change the use of existing utilities . As such, Stormwater Construction General Permit is not anticipated to be required. No specific environmental, City ROW, or other regulatory requirements are believed to be applicable; therefore, there are no other anticipated permits required for the project. If, however, any such requirements are applicable, they would be covered separately by the City/City Project. • Each site shall have a separate Opinion of Probable Construction Cost schedule. • The City will be responsible for Public Involvement/Outreach. • KPG will provide limited bid support (as defined herein) during project advertisement and through award. • Construction Engineering Support and Construction Management services are not included in this scope of work and will be provided by others. • The City requires three weeks to review submittals and provide comments back to KPG. • All submittals will be electronically posted to KPG's ftp site. C. CITY PROVIDED ITEMS The City will provide the following in aid of design. • Submittal reviews, comments, and approvals Available stormwater system record drawings, design files/technical reports, and/or recorded easement information, as needed. • GIS data, LiDAR, and available aerial imagery City of Edmonds Phase 5 Page 2 KPG Psomas 2025 Stormwater Utility Rehabilitation Project March 2024 Packet Pg. 133 8.14.b EXHIBIT A • CCTV logs and video inspection footage Applicable technical reports pertinent to the project (geotechnical, stormwater design, environmental, etc.), if required • City's standard boilerplate Project Manual documents and Standard Details SCOPE OF WORK Task 1— Management / Coordination / Administration This task covers the efforts required to manage the contract and to assure that the project meets the City's expectations for schedule, budget, and quality of product. Efforts included under this task are as follows: 1.1 Provide continuous project coordination and internal management for the project duration (estimate 9 months design and bid, May 2024 through January 2025). 1.2 Prepare for and attend a kick-off meeting with City staff to initiate project work/design. 1.3 Prepare for and attend general coordination/progress meetings with City staff during the design phase to discuss key issues encountered during plan development and track progress (estimate 4 meetings). Teams Meetings/calls will be scheduled to discuss key issues with the City as needed. These check -in and coordination meetings are separate from the various design submittal review meetings identified separately, in subsequent tasks. 1.4 Provide internal quality assurance/quality control (QA/QC) reviews of all work products prior to submittal for City review. 1.5 Prepare and submit electronic monthly invoices for review and approval by the City. Each invoice shall include the Billing Period (start and end date), description of work accomplished for the billing period, and the names, billing rate, and hours for each resource included with each task on the invoice. 1.6 Develop and update a project schedule (if/as necessary). Deliverables: • Monthly progress reports and invoices • Meeting notes • Project schedule and updates • QA/QC of all submittals Assumptions: • The anticipated design period is approximately nine (9) months. Task 2 — Project Assessment and Conceptual (10%) Design This task covers the efforts required to collect and review data and other pertinent information relative to �g the anticipated project including the following: a City of Edmonds Phase 5 Page 3 KPG Psomas 2025 Stormwater Utility Rehabilitation Project March 2024 Packet Pg. 134 8.14.b EXHIBIT A 2.1 Attend one field visit with City staff to review existing site(s) conditions and identify potential constraints. 2.2 Review City -provided GIS, available record drawings, and project base mapping information. 2.3 Review City -provided supplementary reports, analyses which may be applicable to proposed rehabilitation efforts. 2.4 Review available City easement documentation. 2.5 Review City -provided CCTV logs and video inspection footage. 2.6 Review existing 30-percent design plans and associated documentation for "Site C" as identified by the City, prepare capacity evaluation(s) for potential slip -lining rehabilitation, and review/identify other, minimally invasive design alternative(s) as applicable. Develop summary conveyance system improvement recommendations to Site C for the City's consideration. 2.7 Assess CIPP suitability for stormwater conveyance pipe rehabilitation. 2.8 Prepare summary memo addressing feasibility and a planning -level Engineer's Opinion of Probable Construction Cost (OPCC) of CIPP lining for each site identified by the City Project. 2.9 Conceptual (10%) Design Review Meeting: The purpose of this meeting is to confirm understanding and agreement regarding intended project design elements for the City Project prior to proceeding with continued design development. Deliverables: • Summary memorandum • Base map(s) illustrating project sites and conceptual rehabilitation plans • Planning -level (10%) Engineer's OPCC Assumptions: • The City will provide KPG with current City Project base mapping information and associated data/reports. • The City will provide KPG with all relevant available stormwater design documentation associated with "Site C", including any design report(s) associated with the existing 30-percent "Site C" stormwater design and/or the completed Seaview Park infiltration system. • Independent tributary basin delineation and/or hydrologic modeling for areas tributary to "Site C" will not be required. KPG will refer to the existing Perrinville Creek Stormwater Flow Reduction Study, completed by Tetra Tech in February 2015, as the primary basis for stormwater capacity evaluation(s) described under Task 2.6. • Capacity analysis for design alternative(s) associated with "Site C" will be limited to existing pipes to -be -replaced. Backwater analysis associated with the upstream and/or downstream conveyance system will not be performed. Task 3 — Preliminary (50%) Design This task covers the efforts and includes the anticipated work necessary to develop Preliminary (50%) Design submittal package for the City Project: 3.1 Preliminary (50%) Design/Stormwater Rehabilitation Plans. The 50% Plans for the selected r stormwater utility repairs are anticipated to consist of approximately ten (10) total plan sheets, or Q as required to accommodate all required design elements. City of Edmonds Phase 5 Page 4 KPG Psomas 2025 Stormwater Utility Rehabilitation Project March 2024 Packet Pg. 135 8.14.b EXHIBIT A 3.2 Incorporate all comments received during the Conceptual (10%) Design Review meeting. 3.3 Prepare Engineer's OPCC for proposed stormwater rehabilitation efforts based on preliminary (50%) design. 3.4 Prepare a draft Bid Schedule and list of planned special provisions to be included in the Pre -Final (90%) Design draft Project Manual. 3.5 Preliminary (50%) Traffic Control Plan to support proposed cured -in -place pipe (CIPP) lining activities at the SR-104 project site, including the following information: o Vehicle traffic control plan including lane closure(s), lane transitions, TC signing, flagging locations, and traffic cones/barrels as necessary. o ADA pedestrian traffic control plan including cones, demarcation lines, ramps and other ADA accessible facilities to move pedestrians through the work zone as necessary. o Traffic Control general notes and other requirements provided by the approving jurisdiction(s) (WSDOT and/or internal City Traffic Dept) 3.6 Preliminary (50%) Design Review Meeting: The purpose of this meeting is to confirm design elements shown in the preliminary design plans prior to proceeding with continued design development. Deliverables: • Preliminary (50%) Plans (PDF, Full Size) • Preliminary (50%) Project Manual (Word and PDF) including: o City's Standard "Front End" Documents o City Standard Supplemental Special Provisions (outline only) o Draft Bid Schedule o Required Appendices (outline only) • Preliminary (50%) Engineer's OPCC • Preliminary (50%) Traffic Control Plan(s) Assumptions: • Stormwater Rehabilitation Plans are anticipated to include one (1) or more sites per individual sheet, varying per the proposed length of CIPP lining. • KPG will coordinate with the City to select suitable CIPP curing technologies. UV or steam -cured CIPP lining will be prioritized over other methods in accordance with historic City preference. • KPG will utilize City general CIPP Special Provisions as a basis for developing stormwater-specific CIPP Special Provisions. • The Manual on Uniform Traffic Control Devices (MUTCD) and WSDOT traffic control standards will be used to support Traffic Control Plan development. • City to coordinate with the Washington State Department of Transportation (WSDOT) and/or internal City Traffic Dept. as necessary.Once the design decisions have been made at the Conceptual (50%) Design Review Meeting, subsequent "significant" changes to these decisions/the project design (e.g. pursuance of rehabilitation methods other than trenchless CIPP lining, including pipe and/or catch basin replacement) will be considered out of scope work. City of Edmonds Phase 5 Page 5 KPG Psomas 2025 Stormwater Utility Rehabilitation Project March 2024 Packet Pg. 136 8.14.b EXHIBIT A Task 4 — Pre -Final (90%) Design This task covers the effort required to prepare Pre -Final (90%) Design PS&E submittal for the City Project: 4.1 Develop Pre -Final (90%) Stormwater Rehabilitation Plans, incorporating all comments received during the Preliminary (50%) Design Review Meeting. 4.2 Developing the Pre -Final (90%) Project Manual. This includes the City's standard "Front End" documents, City standard Bid Forms, required City GSP's, Project Special Provisions, and Technical Specifications (including storm -specific CIPP special provisions) as an Appendix in the Special Provisions. 4.3 Engineer's Pre -Final (90%) OPCC: revised based on the Pre -Final (90%) Design/PS&E package and prior City comments. 4.4 Develop Pre -Final (90%) Traffic Control Plans, incorporating all comments received from the City and/or WSDOT during the Preliminary (50%) Design Review. 4.5 Pre -Final (90%) Design Review Meeting: The purpose of this meeting is to conduct a working review of the Pre -Final (90%) Design/PS&E. The comments, discussion, and decisions from this meeting will be incorporated into the final PS&E/Bid package. 4.6 Perform a constructability review of the Pre -Final (90%) Design/documents by KPG's Construction Management group. Deliverables: • Pre -Final (90%) Plans (PDF, Full Size) • Pre -Final (90%) Project Manual (Word and PDF) including: o City's Standard "Front End" Documents o City Standard Supplemental Special Provisions, as applicable o Bid Schedule o Appendices • Engineer's OPCC based on 90% Plans and Draft Project Manual (Excel and PDF) • Pre -Final (90%) Traffic Control Plan(s) • Bid Quantity tabulations for each bid item per layout sheet Assumptions: • Applicable City and/or WSDOT Standard Plans will be included in the Design Plans Task 5 — Final Design/Bid Documents This task covers the efforts required to prepare final design/bid documents for the City Project: 5.1 Develop the Final Design/Bid Documents. This includes all the documents defined previously 5.2 Engineer's OPCC: revised based on final design/bid documents and City comments. Deliverables: City of Edmonds Phase 5 Page 6 KPG Psomas 2025 Stormwater Utility Rehabilitation Project March 2024 Packet Pg. 137 8.14.b EXHIBIT A • Final Design Plans (PDF, Full Size) • Final Project Manual/Bid Documents (Word and PDF) including: o City Standard "Front End" Documents o City Standard Supplemental Special Provisions, as applicable o Bid Schedule o Appendices • Engineer's Final OPCC • Final Bid Quantity tabulations for each bid item per layout sheet • CADD or C3D Files Assumptions: • N/A Task 6 — Assistance/Support During Bid Period (Limited) This task includes efforts to provide assistance and support to the City on an as needed/requested basis during the bid period. Efforts under this task may include: 6.1 Attend a pre -bid conference for the City Project and provide support regarding the agenda. 6.2 Prepare addenda and respond to bidders' questions. 6.3 Other potentially, if/as requested. Deliverables: • Pre -bid conference specific agenda items in word format • Addenda documents (if necessary) • Recommendation of Award and backup documentation (word and PDF), if requested Assumptions: • The Consultant will not charge for work to prepare addenda if they are needed to correct or verify errors or omissions in the final plans and specifications. • The actual assistance/support needed during the bid period is unknown at this time, and therefore a provisional budget allowance of approximately $5,000 is included. Efforts beyond this amount will be considered extra (beyond scope) work unless otherwise mutually agreed upon and will be authorized separately by the City via the management reserve, amendment, or other contract as may be appropriate. Task 7 — Management Reserve A Management Reserve has been established for this project to provide flexibility of authorizing additional E funds to the Agreement for allowable unforeseen costs or reimbursing KPG for additional work beyond that already defined in this Agreement. Such authorization(s) shall be in writing by the City, prior to KPG r expending any effort on such services, and shall not exceed $15,000. a City of Edmonds Phase 5 Page 7 KPG Psomas 2025 Stormwater Utility Rehabilitation Project March 2024 Packet Pg. 138 8.14.b EXHIBIT A ADDITIONAL SERVICES It may be necessary for KPG to provide services in addition to those outlined above as requested and approved by the City. It is assumed that additional services could include tasks such as additional design elements, construction engineering support, and/or other work tasks not included in the Scope of Work. At the time these services are required, KPG shall provide the City with a detailed Scope of Work and an estimate of costs. KPG shall not proceed with the work until the City has authorized the work and issued a written Notice to Proceed. City of Edmonds Phase 5 Page 8 KPG Psomas 2025 Stormwater Utility Rehabilitation Project March 2024 Packet Pg. 139 8.14.b EXHIBIT B CONSULTANT LEVEL OF EFFORT / FEE ESTIMATE Client: City of Edmonds Project: Phase 5 2025 Stormwater Utility Rehabilitation Project KPG Psomas Project Number: Date: 3/28124 Task No. Task Description MA Labor Hour Estimate Total Hours and Labor Cost Computions by Task c w w o, e a c O1 o a c w x o `° c u c o U c - .2 u c o - y N e E a O JK SW VS $290.00 1166.00 $139.00 $196.00 $139.00 $110.00t20 6Task 1 - Management/Coordination/Administration 1.1 Pro ect Mana ement and Administrative Services 9 Months 8 16 8 $ 5,856001.2 Kick-off Meetin 2 4 $ 1,244.00 1.3 Pre are and Attend Coordination / Pro ress Meetin s 4 Meetin s 4 6 6 $ 2,990.00 1.4 QA/QC Reviews 8 12 $ 4,312.00 1.5 Pre are and Submit Monthl Invoices 9 Months 9 9 $ 2,484.001.6 Develop and Update Project Schedule 2 8 $ 1,908.00 Task Total 24 55 6 0 0 17 $ 18,794.00 Task 2 - Project Assessment and Conceptual (10%) Design 2.1 Sites Visit with City Staff 8 8 16 $ 3,648.00 2.2 Base Mapping Data Collection & Review 2 6 8 16 $ 2,688.00 2.3 Supplementary Reports Review 1 2 4 7 $ 1,178.00 2.4 Existing Easement Documentation Review 1 2 4 7 $ 1,178.00 2.5 CCTV Los & Videos Review 2 6 12 20 $ 3,244.00 2.6 "Site C" Capacity Evaluation, Alternatives Identification, & Improvements Recommend 4 12 16 32 $ 5,376.00 2.7 Assessment of CIPP Suitability per Provided CCTV Data 4 12 16 $ 3,152.00 2.8 Prepare Conceptual Design Memo & 10% Design OPCC 4 12 18 2 36 $ 5,874.00 2.9 Attend Conceptual 10 % Design Review Meeting 2 4 2 8 $ 1,522.00 Task Total 28 64 64 0 0 2 158 $ 27,860.00 Task 3 - Preliminary (50%) Design 3.1 Prepare Preliminary 50 % Design Plans 6 20 35 25 86 $ 13,400.00 3.2 Inoor orate All Comments Received During Conceptual 10% Design Meeting 6 8 14 $ 2,108.00 3.3 Pre are En ineer's Prelimina 50 % OPCC 2 6 8 16 $ 2,688.00 3A Prepare Dre8 Bid Schedule and List of Planned Special Provisions 2 6 8 6 22 $ 3,348.00 3.5 lPrepare Preliminary 50 % Traffic Control Plan(s) for SR104 Site 2 2 16 8 28 $ 4,248.00 3.6 lAttend Preliminary 50 % Design Review Meeting 2 4 2 8 $ 1,522.00 Task Total 14 44 77 0 33 6 174 $ 27,314.00 Task 4 - Pre -Final (90%) Design 4.1 Prepare Pre -Final 90% Design Plans 8 18 20 12 58 $ 9,756.00 4.2 Prepare Pre -Final 90% Project Manual 6 24 40 4 74 $ 11,724.00 4.3 Pre are Engineers Pre -Final 90% OPCC 2 8 12 22 $ 3,576.00 4.4 PreparePre-Final 90 % Traffic Control Plans for SR104 Site 2 2 12 2 18 $ 2,858.00 4.5 lAttend Pre -Final 90% Design Review Meeting 2 4 2 8 $ 1,522.00 4.6 IConstructability Review of Pre -Final 90% Design/Documents 8 8 $ 1,568.00 Task Total 20 56 86 8 14 4 188 $ 31,004.00 Task 5 - Final Design/Bid Documents 5.1 Pre are Final Desi n/Bid Documents 6 14 20 0 8 4 52 $ 8,396.00 5.2 Prepare Final Engineer's OPCC 2 8 12 22 1 $ 3,576.00 Task Total 8 22 32 0 8 4 74 $ 11,972.00 Task 6-Asistance/Support During Bid Period (Limited) 6.1 !Prepare for and Attend Pre -Bid Conference 2 4 2 8 $ 1,522.00 6.2 1 Prepare Addenda and Respond to Bidders' Questions 2 4 6 12 $ 2,078.00 6.3 lAdditional Support As Requested $ 1,500.00 Task Total 4 8 8 0 0 0 20 $ 5,100.00 Task 7 - Management Reserve General $ 15'000.00 Task Total $ 15,000.00 Total Labor Hours and Feel 98 249 273 8 55 1 33 716 $ 137,044.00 Subconsultants Subtotal $ Administrative Charge 5% $ Total Subconsultant Expense I $ - Reimbursable Direct Non -Salary Costs Mileage at cument IRS rate $ 250.00 Reproduction Allowance $ 250.00 Total Reimbursable Expensel $ 500.00 Total Estimated Budgetl $ 137,544.00 Packet Pg. 140 8.15 City Council Agenda Item Meeting Date: 04/16/2024 Council Rules of Procedure Section 8 Staff Lead: Council President Olson Department: City Council Preparer: Beckie Peterson 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. Packet Pg. 141 8.15 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 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. (minutes attached) On March 12, 2024 the PSPHSP Committee further considered the proposed rules for Section 8, including organizations presenting to council during audience comment, equity concerns of limiting comments during an agenda item to in person, and technical and logistical challenges. The committee recommended bringing Section 8 back to a future PSPSHS meeting. (minutes attached) The April 9, 2024 PSPHSP committee discussed and recommended this item be forwarded for full council approval on a future consent agenda. Recommendation Approval of Council Rules of Procedure amended Section 8 - Public Testimony. 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 - amended and approved 3/26/2024 SECTION 4. CONSENT AGENDA SECTION 5. COUNCIL MEETINGS SECTION 6. COUNCIL CONDUCT SECTION 7. CODE OF ETHICS SECTION 8. PUBLIC TESTIMONY - on PSPHSP agenda 4/9/2024, recommended by committee to future consent agenda 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 - on Finance committee agenda 4/9/2024 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). Packet Pg. 142 8.15 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. Once all segments are approved, adopt a resolution with the comprehensive set of rules of procedures as an attachment. SECTION 8; PUBLIC TESTIMONY Due to this year's extraordinary workload and the controversy that comes with proposing change and the potential unintended consequences/ possible need to change back, the draft proposed for consideration has been changed since the last committee meeting to reflect and document what Council is currently doing (instead of proposing something new we may want to try). Future Councils may want to edit the Rules of Procedure when workloads allow time for reflection on what they may like to change. The two committee members okayed that changed approach by email after the last committee meeting. Two versions are attached; the markup of proposed Section 8 reflecting numerous additions, changes and edits from previous committee meetings, now modified yet again to reflect and document what Council is currently doing, and a clean version for clarity. Former Sections 8.213 and 8.4 have been eliminated because they reflected proposed new procedure. Attachments: ROP Section 8 marked up ROP Section 8 clean version 4.9.2024 pages from PSPHSP Committee Minutes February 13, 2024 pages from PSPHSP Committee Minutes March 12, 2024 Packet Pg. 143 8.15.a Section 8. Public Testimony. 8.1 Public Hearings: Individuals will be allowed three minutes to sneak. The Presiding Officer may allow additional time for receipt of written testimony when needed. The Clerk shall be the timekeeper. Prior to closina the public hearina. the Presidina Officer shall inauire if there are any additional speakers other than those that have signed up and previously spoken, and if there are, they shall be allowed to testify. 8.2 Other Audience Comment at Regular Meetings AS. Audience comments are offered at the beginning of regular meetings. This is an opportunity for members of the public to sneak to anv topic not listed Packet Pg. 144 8.15.a C. The procedures for the Public Hearing testimony in 8.1 A and C above are generally followed for cif audience comment; 8.1 D is followed for audience comment as time allows. 8.3 When large numbers of people are signed up to speak on the same topic, the Presiding Officer may request that the group(s) select a limited number of speakers to cover their view and then ask all those who agree with that position to stand at the conclusion of each presentation. -- - mill. '141imi - ._ .. ... 8. Public testimony authorized in Section 8.2 and 8.3 may not include comments or information on any quasi-judicial matter pending before the City Council, or on any topic for which Council has closed the public record. 8. No person shall be allowed to address the Council while it is in session without the recognition of the Presiding Officer. 8. It shall be unlawful for any person in the audience at a Council meeting to do any of the following: Engage in disorderly, disruptive, disturbing, delaying or boisterous conduct, such as, but not limited to, handclapping, stomping of feet, whistling, making noise, use of profane language or obscene gestures, yelling or similar demonstrations, which conduct substantially interrupts, delays, or disturbs the peace and good order of the proceedings of the Council.' 8. Persons testifying shall identify themselves for the record as to name, City of residence and any organization represented. 8. An instruction notice for speakers will be available at the meeting. Speakers will be advised by the Presiding Officer that their testimony is being recorded. 1 Acosta v. City of Costa Mesa, 718 F.3d 800 (9th Cir. 2013), Id., at 816 Packet Pg. 145 8.15.a 8.9 Time cannot be donated by one speaker to another. 8.10 No person may use audience comment to promote or 0000se anv candidate for public office. In election years, a campaign officially begins when a candidate files their candidacy with the elections office and continues throuah the election. Packet Pg. 146 8.15.b Section 8. Public Testimony. 8.1 Public Hearings. A. Individuals will be allowed three minutes to speak. B. The Presiding Officer may allow time for receipt of written testimony when needed. C. The Clerk Shall be the timekeeper. D. Prior to closing the public hearing, the Presiding Officer shall inquire if there are any additional speakers other than those that have signed up and previously spoken, and if there are, they shall be allowed to testify. 8.2 Other Audience Comment at Regular Meetings A. Audience comments are offered at the beginning of regular meetings. This is an opportunity for members of the public to speak to any topic not listed as a public hearing or closed record review. B. A speaker sign-up form will be at the entry table. C. The procedures for the Public Hearing testimony in 8.1A and C above are generally followed for audience comment; 8.1 D is followed for audience comment as time allows. 8.3 When large numbers of people are signed up to speak on the same topic, the Presiding Officer may request that the group(s) select a limited number of speakers to cover their view and then ask all those who agree with that position to stand at the conclusion of each presentation. 8.4 Public testimony authorized in Section 8.1 and 8.2 may not include comments or information on any quasi-judicial matter pending before the City Council, or on any topic for which Council has closed the public record. 8.5 No person shall be allowed to address the Council while it is in session without the recognition of the Presiding Officer. 8.6 It shall be unlawful for any person in the audience at a Council meeting to do any of the following: Engage in disorderly, disruptive, disturbing, delaying or boisterous conduct, such as, but not limited to, handclapping, stomping of feet, whistling, making noise, use of profane language or obscene gestures, yelling or similar demonstrations, which conduct substantially interrupts, delays, or disturbs the peace and good order of the proceedings of the Council.' 8.7 Persons testifying shall identify themselves for the record as to name, City of residence and any organization represented. 8.8 An instruction notice for speakers will be available at the meeting. Speakers will Acosta v. City of Costa Mesa, 718 F.3d 800 (9th Cir. 2013), Id., at 816 Packet Pg. 147 8.15.b be advised by the Presiding Officer that their testimony is being recorded. 8.9 Time cannot be donated by one speaker to another. 8.10 No person may use audience comment to promote or oppose any candidate for public office. In election years, a campaign officially begins when a candidate files their candidacy with the elections office and continues through the election. Packet Pg. 148 8.15.c 02/13/24 PSPHSP Committee Minutes, Page 3 I Committee recommendation: Consent aqenda I 6. Council Rules of Procedure Councilmember Tibbott explained the intent is for various committees to review one procedure/month for the next several months. Mr. Passey explained best practices dictate rules beyond Roberts Rules of Order provide greater understanding and transparency about the roles, rights and responsibilities of councilmembers and the public and facilitate the orderly conduct of business at council meetings. The rules address many areas including duties of officers, agenda preparation, meeting management, decorum, motions, etc. Sections 6, Council Conduct, and 7, Code of Ethics, have been previously approved and will be incorporated into the final version of the Rules of Procedure. Mr. Passey explained the council is already following most of the rules that will be proposed; this will be an effort to memorialize current practices. For the rules that are already governed by other laws or rulings, a citation is include for ease of reference. Once all the sections have been reviewed, a resolution will be prepared adopting them all as one package. Council's Rules of Procedure may be amended at any time by subsequent resolution. Mr. Passey continued, today's discussion is regarding section 3, agenda preparation, and section 8, public testimony. As proposed, section 8 includes a definition for disorderly conduct from a 9th Circuit Court decision in 2013, Acosta v. City of Costa Mesa. If the council intends to enforce disorderly conduct, he recommended including a definition in the council's rules. There have been numerous reports and concerns in the region about hate speech expressed in public meetings; this proposed rule will not prevent it from occurring in Edmonds, but will set up the council to respond in a responsible way without risk of speech restrictions or viewpoint discrimination. With regard to enforcement, speaking permission can be removed for virtual speakers and for in -person comments, the chair would have the discretion to take action to address violations in real time. Council input regarding Section 8 included: • Section 8.2: limit public comment to 2 minutes when large numbers of people are signed up to speak on the same topic • Council is not required to publish public comments in the minutes • Written instructions at podium regarding procedures for public comment • Section 8.1: add opportunity for public comment on council business items after presentation, especially if information in the packet was updated(Council President Olson provided proposed language via email). Separate signup sheets would be provided for audience comment and for agenda items • Add language to revised language for section 8.1 that members of the public speaking during audience comments or during an agenda item would still be allowed to speak during a public hearing Council input regarding section 3 included: • Support two readings for ordinances Questions and discussion followed regarding using the verbatim definition of disorderly conduct from the court case in the council rules, pros and cons of having public comment during council business items, allowing the public to make comment on agenda items during audience comments or during the council business item, concern allowing comment during agenda items will not provide equitable access to meetings, current ability for constituents to reach councilmembers in multiple ways to comment on council business before the meeting as well as early in the agenda, and concern with he said/she said statement/rebuttal discussion. Packet Pg. 149 8.15.c 02/13/24 PSPHSP Committee Minutes, Page 4 Committee recommendation: Full council I 7. Abandonment of a Dependent Person Commander Hawley advised Items 7, 8 and 9 are city code updates adopting the RCW by reference; the city attorney has reviewed all three. The RCW regarding abandonment of a dependent person has existed since 2003. This amendment also strikes cyberstalking. The RCW changed and no longer includes cyberstalking; a new cybercrime code section will be introduced in the future which includes cyberstalking. Committee recommendation: Consent agenda 8. Interfering with Health Care Commander Hawley advised this exists in city code; the RCW has been updated so the city code also needs to be updated to adopt the RCW allowing it to be charged in municipal court as well as add definitions. This includes a non -chargeable RCW that covers legal picketing at healthcare facilities. Questions and discussion followed regarding lawful (non -chargeable) versus unlawful picketing, and the definition of lawful picketing. Committee recommendation: Consent agenda 9. Possession of Another's ID Commander Hawley explained this is to adopt the RCW regarding possession of another's identification, a misdemeanor crime. Typically when someone is arrested for possession of another's identification, they have other fraud related charges related to car prowling, purse theft, etc. Questions and discussion followed regarding use of another's identification for fraud, working with the new prosecutor to adopt criminal code into City's code, future code updates to adopt RCWs, inability to charge crimes in municipal court unless the RCW is adopted in the City code, exception for family members holding ID for a disabled family member, and whether enforcement has impacts on the undocumented population. Commander Hawley advised section 3 of the ordinances for Items 7, 8 and 9, should read, "This ordinance, being an exerGise of a power speGif;Ga"„ delegated to administrative function of the City Council legislative body, is not subject..." An updated version of the ordinance will be on the consent agenda. Councilmember Nand relayed she met with Snohomish County Councilmember Strom Peterson in Olympia and requested a town hall regarding Snohomish County's purchase and conversion of America's Best Value Inn on Highway 99 to bridge housing. Committee recommendation: Consent agenda 3. ADJOURN The meeting was adjourned at 4:59 p.m. Packet Pg. 150 8.15.d 3/12/24 PSPHSP Committee Minutes, Page 2 Commander Hawley explained this is related to adults committing crimes where a minor might be a willing party, but due to their age, are not able to consent or are unable to possess something. The amendment adopts RCWs by reference related to selling or giving tobacco to a minor and applying a tattoo to a minor. The amendment also removes several RCWs that have been removed or merged with other RCWs. Committee recommendation: Consent Agenda 5. Council Rules of Procedure Sections 3 & 8 Councilmember Tibbott explained the council approved allowing public comment after the staff presentation on an agenda topic; this amendment to the council rules of procedure will implement it. Questions and discussion followed regarding the amount of time an organization is allowed to speak, providing opportunity for organizations to make a presentation to council, concern with restrictions in Section 8.4 related to allowing only one five-minute presentation/year, rewording Section 8.4, a suggestion to limit comments during an agenda item to in -person, equity concerns with limiting comments during an agenda item to in -person, technology issues with allowing virtual comments during an agenda item, providing a disclaimer that virtual comments are allowed only during audience comments, whether to allow public comment following staff's presentation during an agenda item, and members of the public communicating with councilmembers during a meeting. Committee recommendation: Section 3 on Consent Agenda, bring Section 8 back to next PSPHSP meeting. 3. ADJOURN The meeting was adjourned at 4:09 pm. Packet Pg. 151 8.16 City Council Agenda Item Meeting Date: 04/16/2024 Council Rules of Procedure - Section 13 Staff Lead: Council President Olson Department: City Council Preparer: Beckie Peterson 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. Packet Pg. 152 8.16 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. April 9, 2024 Finance committee discussed and forwarded for full council approval on a future consent agenda. Recommendation Approval of Council Rules of Procedure Section 13 - Reimbursement of Expenses. 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 - amended and approved 3/26/2024 SECTION 4. CONSENT AGENDA SECTION 5. COUNCIL MEETINGS SECTION 6. COUNCIL CONDUCT SECTION 7. CODE OF ETHICS SECTION 8. PUBLIC TESTIMONY - on PSPHSP committee agenda 4/9/2024 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 - on Finance committee agenda 4/9/2024, forwarded to by committee to future consent agenda for council approval. 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. Once all segments are approved, adopt a resolution with the comprehensive set of rules of procedures as an attachment. Packet Pg. 153 8.16 Section 13 - REIMBURSEMENT OF EXPENSES Resolution #1516 passed November 1, 2022 and adopted the Employee Expenses, Volunteer Recognition, and Reimbursements policy. The policy includes Council. (Attached) The proposed additions (underlined) to Council Rules of Procedure Section 13 reference the Employee Expenses, Volunteer Recognition, and Reimbursement policy, as well as an option for the Council President to pre -approve councilmember training up to a preauthorized budget amount annually with the caveat that training must pertain to the councilmember role. The strikeouts in the Section 13 Reimbursements of Expenses were written before the aforementioned policy was adopted by Resolution #1516. Attachments: Resolution 1516 VO Proposed Sect 13 reimbursements Packet Pg. 154 8.16.a RESOLUTION NO. 1516 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING THE EMPLOYEE EXPENSES, VOLUNTEER RECOGNITION, AND REIMBURSEMENTS POLICY AS ATTACHED HERETO. WHEREAS, the City of Edmonds is committed to the highest standards of responsible financial management; and WHEREAS, the City Council Finance Committee reviewed the Employee Expenses, Volunteer Recognition, and Reimbursements Policy at the August 9, 2022 and September 13, 2022 Finance Committee meetings; and WHEREAS, best practice shows that finance related policies should be formally adopted by Resolution; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: ADOPT THE CITY OF EDMONDS EMPLOYEE EXPENSES, VOLUNTEER RECOGNITION. AND REIMBURSEMENTS POLICY. The city council hereby adopts the following attached document: City of Edmonds Employee Expenses, Volunteer Recognition, and Reimbursements Policy to read as set forth hereto, which is incorporated herein by this reference as if set forth in full. RESOLVED this 1st day of November 2022. CITY OF EDMONDS YOR, MIKE NELSON 3 Packet Pg. 155 8.16.a ATTEST: CITY CLERK, S TT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. October 28, 2022 November 1, 2022 1516 51 Packet Pg. 156 8.16.a EMPLOYEE EXPENSES, VOLUNTEER RECOGNITION, AND REIMBURSEMENTS Section I. General Reimbursement Policy The City of Edmonds reimburses its employees and elected or appointed officials for reasonable expenses incurred conducting City business providing the expenses are prudent and directly related to the individual's service on behalf of the City. The City of Edmonds is best served by the active participation of community citizens as volunteers. Volunteers learn more about their City and contribute to its effectiveness, thereby fostering increased cooperation and understanding. Section II. Administration The Administrative Services Director administers the reimbursement program, designs and distributes forms and instructions, and carries responsibility for review of claims. Claims will not be allowed without a detailed account of money spent certified by the individual making the claim. Section III. Documentation Claims for personal reimbursement must be made on official Employee Claim for Expenses form, be accompanied by the vendor's invoice, receipt or bankcard charge slip showing the date, vendor name, amount paid and items/services received, and must be signed by the individual seeking reimbursement. Should a receipt be lost or not be obtainable, an employee must fill out a Lost Receipt form and attach to the Claim for Expenses signed by his/her Department Head (or Mayor if the employee is a Department Head). This will serve as a substitute for a receipt. The person seeking reimbursement is responsible for ensuring that the reimbursement request is accurate, and that receipts or requests are not duplicated. In addition to the documentation above, claims for meals that feed others require the following documentation: 1. The names of the individuals being hosted. 2. Their official title or capacity as it relates to City business. 3. The nature of the topics discussed, nature of the occasion, what public purpose or policy was being served (and/or copy of agenda). Reimbursement is subject to budget being available for the event, and preapproval by the Mayor for staff -sponsored events, or by the Council President for Council -sponsored events. Employee claims for expenses must be signed by department heads, or in his/her absence, by his/her designee. Department head or acting department head claims must be signed by the Mayor. Council member expenses may be approved either by the Council President or by placing the reimbursement request on the Consent Agenda, giving the full Council the opportunity to approve or deny the request. Whenever possible, City expenses should be paid for using City funds. At times, however, an employee or elected official may find it expedient or necessary to pay for an expenditure using their 5 Packet Pg. 157 8.16.a personal funds and seek reimbursement from the City afterwards. When this occurs, the employee or elected official should obtain pre -approval for the expenditure, before using their personal funds. If such pre -approval was not obtained, approval after -the -fact is at the sole discretion of the applicable authority: their Department Director, the Mayor, or in the case of Council members, either the Council President or the full Council by placing the request on the Consent agenda. All Employee claims should be submitted in a timely manner; within 60 days. Section IV. Food and Beverage The City uses the following guidelines in determining the use of public funds for expenditures for food and beverages: 1. Who consumed this food and drink. 2. What was the nature of the occasion for the consumption. 3. What public purpose or policy objective was served. 4. Were the expenses reasonable. 5. Were the expenses consistent with the policy authorizing reimbursement. The city must also consider Internal Revenue Service regulations covering the income tax consequences of providing food and beverages to employees. Payment for food and beverage expenses that meet the IRS non-taxable criteria will be made through Accounts Payable. Payment for food and beverage expenses that do not meet the IRS non-taxable criteria will be made through Payroll and taxed at the current IRS rate. Section V. General IRS Meal Reimbursement Regulations (See following sections for specific examples) Please note that reimbursement for out-of-town travel is covered by ECC 2.25.050, Travel Authorization and Expense Reimbursement Policies. The following food and beverage expenses qualify as non-taxable under the IRS code and will be reimbursed through Accounts Payable. 1. Meals consumed while traveling on city business. To qualify as travel the employee must travel a distance of 40 miles or more from Edmonds and stay overnight. 2. Business meals between city employees and non -city employees that can reasonably be expected to bring a specific business benefit to the city. Restaurant meals with current or potential city suppliers (vendors/contractors/consultants, etc.) would not qualify under this category. 3. Meal expenses directly related to and necessary for attending business meetings or conventions of organizations directly related to city business. These organizations include chambers of commerce, business leagues and trade or professional organizations such as the American Planning Association, American Public Works Association, etc. 4. Meals provided by the city that meet the following three criteria: a. The meal must be brought to the employee; cash may not be given to the employee to buy a meal. b. The meal must be provided at the city's business premises. This may include temporary work sites, such as a hotel conference room, if business is conducted there. 11 Packet Pg. 158 8.16.a c. The meal must be provided for the city's convenience and have a sound business justification. Examples include: i. Meals furnished during work hours so employees are available for emergency calls during the meal. Evidence must be provided that an emergency occurred. ii. Meals delivered to the office at a group meeting that spans a mealtime. The following food and beverage expenses are taxable under the IRS code and will be reimbursed through Payroll. 1. Meals consumed while attending local training sessions/classes. Local training means training that does not qualify for travel by being 40 miles or more from the city and requiring an overnight stay. 2. Meals consumed while transporting city or non -city participants to recreation programs. 3. Meals between city employees and/or non -city employees off the city premises that otherwise qualify for reimbursement under city policy. 4. Meals consumed while transporting and/or chaperoning city or non -city participants to city sponsored Parks and Recreation programs or events where paid staff are required for safety and supervision. Examples include, but are not limited to, programs or events at restaurants for senior participants. Claims for taxable meal reimbursements must be submitted to Payroll on an Employee Reimbursement form. Meal reimbursements are included in the employee's regular paycheck. Section VI. Retreats/Meetings/Training Council Retreats/Executive Team Retreats/Department Retreats to determine goals and objectives for the department/City: The reasonable cost of necessary food and beverages while conducting a retreat is authorized for reimbursement. Nontaxable paid through Accounts Payable City Sponsored Training/Staff Meetings: The general rule is that meals and snacks are not reimbursable and are to be purchased by those individuals attending. However, the City will pay reasonable cost of beverages. Non-taxable under the IRS De Minimis meals category paid through Accounts Payable. Training Developed and Sponsored by Outside Organizations: The City of Edmonds considers training a necessary and reasonable cost of maintaining a high level of excellence in the services we provide. The City will pay for reasonable trainings, conferences, and workshops for employees and elected officials. Training should be approved by an employee's supervisor or by the Department Director, or the Council President or the Council body via the Consent Agenda for Council members, prior to registration and payment for the event. Professional Organization Sponsored Training or Seminars/Business Luncheon Meetings: The City will pay the cost of meals included as part of the registration or purchased separately to be consumed at meetings held during a mealtime. Examples include the Chamber of Commerce, American Planning Association, Snohomish County Clerks & Finance Officers Association, etc. Non-taxable per specific IRS regulation- paid through Accounts Payable 7 Packet Pg. 159 8.16.a Section VII. Awards/Recognition Service Awards Ceremonies: Expenditures for reasonable refreshments served at the Mayor's Annual City-wide Employee Awards Programs, including luncheon to recognize employees with years of service and breakfast or lunch to recognize employees selected for service awards. (Limited to one each per year) Non-taxable under the IRS De Minimis meals category paid through Accounts Payable. Department Head Appreciation Luncheon: Expenditures for reasonable refreshments served at the Annual Department Head Appreciation Luncheon for only City of Edmonds staff and Council members. (Limited to one per year) Non-taxable under the IRS De Minimis meals category paid through Accounts Payable. Section VIII. Special Events The City policy is to allow for reimbursement for the costs of reasonable refreshments for events such as Open Houses, City Anniversary Celebrations, and hosting delegations from other jurisdictions. Non-taxable under the IRS De Minimis meals category paid through Accounts Payable. Birthday Celebrations/ Welcoming Parties: these events are considered private parties and as such represent an inappropriate expenditure of public funds. The cost of any food or beverage or any incidental expenses related to these events (film, flowers, cards, etc.) are not eligible for reimbursements. Retirement Recognition: The City recognizes that it is sometimes appropriate to recognize and acknowledge the contribution that employees have made to the City during their career. The City will pay the reasonable cost of food and beverages at such an event. The City may also pay a reasonable cost for providing a service award to the retiring employee, not to exceed $200 in value. Normally when an employee retires there are small items that were issued to the employee that must be returned to the city. Examples of this are credit cards, cell phones, office keys, and iPads. Due to the nature of an iPad, unless they are essentially brand new, they have no remaining value after an employee retires and the iPad is disposed of. If an iPad is more than a year old and has no useful value or monetary value to the City, rather than being disposed of, any iPad with no value may be given to the retiree, after being scanned by an Information Services technician to ensure that sensitive or proprietary information has been removed. Volunteers: It is the policy of the City of Edmonds to recognize and acknowledge the contribution that volunteers make to the City. The City will pay the reasonable cost for providing service awards, as well as food and beverages, at an annual recognition event. These are non-taxable to Volunteers. Non-taxable to Employees if held on city premises and meals are provided paid through Accounts Payable. Taxable to Employees ifheld offcitypremises-employee's meal reimbursementpaid through Payroll. 0 Packet Pg. 160 8.16.a Section IX. Meals Business Meals between City Employees: Meals (including snacks) between City Employees will not normally be reimbursed. It is expected that City Business between City employees can for the most part be conducted on City premises during normal work hours. Working Lunches: the City recognizes that there are occasions when it may be necessary for a group of employees to work through lunch to meet a deadline or to keep a group convened in order to accomplish the task. To be considered for reimbursement as a working lunch, the meeting must span over a three-hour period which includes the group's normal lunch hour and have approval of the Mayor. Non-taxable if the meal is provided on the city premises for the convenience of the city paid through Accounts Payable. Business Meals between City Employees and Non -City Employees: the reasonable costs of necessary meals while conducting City Business with persons other than City employees either locally or out of town are authorized for reimbursement. Employees seeking reimbursement for meals of a non -City person must obtain prior approval from the Mayor. The employee's meal is non-taxable if the meal is provided on the city premises for the convenience of the city or the employee is on out- of-town travel for the city —paid through Accounts Payable. The employee's meal is non-taxable if it meets the IRS test of providing a specific business benefit to the city (normally only the Mayor will qualify in the specific business benefit category) —paid through Accounts Payable. The employee's meal is taxable if the meal is not related to city travel and is eaten off the citypremises —paid through Payroll. The meals for the non -city employees are paid through Accounts Payable. Packet Pg. 161 8.16.b Section 13. Reimbursement of Expenses. -- -- - ---- - - -- - -- - -- - -- .. _ . _ _ . . .. . _ .. _ .. . . . ... . . .. . . . • • .. _ • ■ AeAl Lens. Packet Pg. 162 8.16.b Council adopted the City of Edmonds Employee Expenses, Volunteer Recognition and Reimbursements PolicvI for application to Council as enumerated therein. In addition to the option of prior approval of training course -by -course as outlined in Section VI of the Policy, a Council President may also pre -authorize trainings relevant to the councilmember role up to a pre -authorized budaet amount per councilmember annually. 1 Resolution 1516, November 1, 2022 Packet Pg. 163 9.1 City Council Agenda Item Meeting Date: 04/16/2024 Potential Action on 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. 164 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 and then after during future project reviews. At the March 19 public hearing, Council Member Paine asked whether there has been any past contamination at the Deer Creek Springs site. Bob Danson, general manager of Olympic View, confirmed that there has not been. Staff Recommendation Staff recommends that Council approve the ordinance and amended CARA code language in Attachment 1. No additional information will be presented on April 16 but staff will be available to answer any further questions the Council may have. Regarding the draft code in Attachment 1, several grammatical and punctuation edits were made for clarity since the March 19 public hearing draft was reviewed by Council. In addition, the code adoption dates that had been proposed for the nonconforming section in ECDC 23.60.020.13 were removed to be consistent with other nonconforming language in the ECDC, which do not include such dates. Uses listed in the CARA code will become nonconforming on the date the adopted ordinance goes into effect. 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. 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. A public hearing on the topic was held on March 19, 2024 (the presentation and minutes from that meeting are included as Attachments 3 and 4). 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, including: 1) Remove mitigation section in 23.60.030(d)(1)(c); and Packet Pg. 165 9.1 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. Based on guidance from the City Attorney, the Planning Board reconsidered their original recommendation on March 13, 2024 and made a revised recommendation to Council to eliminate proposed modification #2 and allow shallow UIC wells throughout the Deer Creek CARA (Attachment 2). Additional Background As has been discussed, staff took the approach of creating stormwater regulations for both the Deer Creek and 2281h 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. 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. 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 - Edmonds CARA Ordinance and Exhibit A code Attachment 2 - Updated PB recommendation on CARA to Council Attachment 3 - Council Public Hearing CARA slides Attachment 4 - Excerpt minutes of Council hearing 2024-03-19 Olympic View 2023 Watershed Protection Plan Department of Health Wellhead Protection Guidance Packet Pg. 166 9.1 Department of Ecology Critical Aquifer Recharge Area Guidance Department of Commerce Critical Aquifer Recharge Area Webinar Planning Board 5.24.23 materials Planning Board 7.12.23 materials Planning Board 7.26.23 materials Report to Council 9.26.23 Department of Commerce Critical Areas Handbook Planning Board 10.25.23 materials Planning Board 11.29.23 materials Council 1.23.24 materials Packet Pg. 167 9.1.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING REGULATIONS RELATED TO THE PROTECTION OF CRITICAL AQUIFER RECHARGE AREAS. WHEREAS, critical aquifer recharge areas (CARAs) are established to protect groundwater and public drinking supplies from potential contamination and to ensure adequate groundwater availability; and WHEREAS, CARAs 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 WHEREAS, Edmonds became aware of the presence of CARAs within the City's jurisdiction in 2022; and WHEREAS, Olympic View provided best available science and mapping of their wellhead protection areas and buffer to the City, which were then added to the City's geographic information system (GIS); and WHEREAS, the adoption of new CARA regulations is the next step to further protect these critical areas; and WHEREAS, the agenda memo in the April 16, 2024 council packet provides other relevant background information; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 23.60 of the Edmonds Community Development Code (ECDC), entitled "Critical Aquifer Recharge Areas," is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if set forth in full. Section 2. ECDC section 23.40.005, entitled "Definitions pertaining to critical areas," is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if set forth in full. Packet Pg. 168 9.1.a Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. 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. 169 9.1.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 REGULATIONS RELATED TO THE PROTECTION OF CRITICAL AQUIFER RECHARGE AREAS. The full text of this Ordinance will be mailed upon request. DATED this day of 92024. 4840-7251-8158, v. 1 3 CITY CLERK, SCOTT PASSEY Packet Pg. 170 Exhibit A 9.1.a Chapter 23.60 CRITICAL AQUIFER RECHARGE AREAS .. . , .•. . •. . .. .. . . . ... Sections: 23.60.010 Scope. 23.60.020 Administration. 23.60.030 Regulated Activities. 23.60.010 Scope. Critical aauifer recharge areas (CARAs) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(3). 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. 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 public drinking water sources, and to prevent contamination of groundwater. 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended Packet Pg. 171 9.1.a Exhibit A 23.60.020 Administration. A. Designation. Olympic View Water and Sewer District (Olympic View) has two wellhead protection areas in Edmonds: Deer Creek Springs and the 2281h Street Wellfield. Deer Creek Springs itself is located west of Edmonds in the Town of Woodway while the 2281n 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. An area of exposed highly sensitive soils (Qva aquifer) is also mapped. 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. 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended 2 Packet Pg. 172 Exhibit A 9.1.a 3. Class 3 CARAs include those mapped areas in the critical aquifer recharge area buffer. 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 recharge areas located on site or immediately adiacent to the site. and the Dermeabilitv 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 Droposed Droiect on the groundwater aualitv and quantity, including: a. Predictive evaluation of groundwater withdrawal effects on nearby 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 activitv. 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; 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended Packet Pg. 173 9.1.a Exhibit A 10. An assessment of how the development activity meets the protection standards established in ECDC 23.60.030.D; 11. If the hydrogeologic report identifies impacts to critical aquifer recharge 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 chanter. 23.60.030 Reeulated Activities. A. Stormwater. 1. The use of stormwater infiltration best management practices (BMPs) including those that qualify as a Class V Underground Injection Control well (UIC), are prohibited for all land uses within all wellhead protection areas (WHPAs) associated with Olympic View Water and Sewer District's (OVWSD) 228th Street Wellhead, includine the buffer. 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 reeulated bv: 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 anv existine 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. 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended 4 Packet Pg. 174 9.1.a Exhibit A 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. New land uses or activities that pose a hazard to the City'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 the effective date of this code, are 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 Use Activity I CARA Restriction All mineral resource uses Mining, processing and reclamation of any type below the water table or the uDDer surface of the CARA and in 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. Cemeteries Cemeteries are prohibited in the Class 1 and 2 CARA and in exposed QVa soils in Class 3 CARA. Best management practices (BMPs) and integrated pest management (IPM) are required for the use in Class 3 CARA outside of the areas of exposed QVa. Hazardous liquid transmission pipelines As defined in Chapter 81.88 RCW, pipelines are prohibited in Class 1 and 2 CARA as well as in 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. Hazardous waste storage and/or Hazardous waste storage and/or treatment facilities, treatment facilities and/or processing, or as defined bV Chapter 173-303 WAC are prohibited disposal of radioactive substances in all CARA classes. Storage, processing, or disposal of radioactive 3rohibited in all CARA classes, except for medical equipment and/or material and medical waste. efined by RC isoosal. is held for proper Aboveground storage tanks for hazardous substances or hazardous wastes with primary and secondary containment area(s) and swill Drotection 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended 5 Packet Pg. 175 9.1.a Exhibit A in 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. Automotive uses Wrecking yards are prohibited in all CARA classes. Vehicle towing yards 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 Dry cleaning using chlorinated solvents or using solvent perchloroethylene is prohibited in all CARA classes. Large on -site sewage systems, as defined Prohibited in all CARA. in Chapter 246-272A 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 bV pipeline or tank vehicle, and are stored or blended in bulk for the purpose of distributing such substances bV 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 exposed QVa soils in Class 3 CARA. A hydrogeologic chemicals, plastics and resins, report is required for the use in Class 3 CARA outside pharmaceuticals, cleaning compounds, of the area of exposed QVa. Applicants must 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended 6 Packet Pg. 176 9.1.a Exhibit A paints and lacquers, and agricultural demonstrate that the facility complies with federal chemicals and state laws. 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. ReL-ulation of facilities handlinL- and storing hazardous materials. Activities may only be Dermitted in a critical aauifer recharee area if the applicant can show through providing a hydrogeologic report prepared by a qualified professional, that the proposed activity will not cause contaminants to enter the groundwater by compliance with the best management practices (BMPs) for handling and storing hazardous materials. The Citv may imDose develoament conditions in accordance with BMPs to Drevent deeradation of groundwater. 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended 7 Packet Pg. 177 Exhibit A 9.1.a 1. Best Management Practices for Handling and Storing Hazardous Materials. 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; H. 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. 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended Packet Pg. 178 Exhibit A 9.1.a Facilities that use aggregate quantities of hazardous materials equal to or greater than 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 auantities. 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: Retail sale of containers 5 gallons or less in size when the business has fewer than 500 gallons on the premises at any one time; and ii. Hazardous materials of no potential risk to the wellhead protection areas. b. HMMPs must demonstrate imDlementation of BMPs. An HMMP must be comDleted 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. SamDlinR 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 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended Packet Pg. 179 9.1.a Exhibit A including, but not limited to, abatement, injunction, mitigation, fines and penalties as set forth in Section 18.30.100 ECDC, Stormwater Management. 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 project redesign, relocation, or timing, to avoid or reduce impacts; and 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 develoament activities must comply with the groundwater aualitv 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 technology (AKART) appropriate to protect critical aquifer recharge areas. 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended 10 Packet Pg. 180 9.1.a Exhibit A 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 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. 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended 11 Packet Pg. 181 9.1.a Exhibit A "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)" 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. These areas are identified on the Citv'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 conservation areas as defined in Chapters 23.50, 23.601 23.701 23.80 and 23.90 ECDC, respectively. 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended 12 Packet Pg. 182 9.1.a Exhibit A "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 monitoring requirements or treatment -based standards are enforced under Chapter 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, 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. 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended 13 Packet Pg. 183 9.1.a Exhibit A 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 anv 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.3, Hazardous Materials Management Plan (HMMP). "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. 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended 14 Packet Pg. 184 9.1.a Exhibit A 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 priority: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps such as project redesign, relocation, or timing to avoid or reduce impacts; 3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project; 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods; 5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; 6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and 7. Monitoring the hazard or other required mitigation and taking remedial action when necessary. "Native vegetation" means vegetation comprised of plant species which are indigenous to the Puget Sound region and which reasonably could have been expected to naturally occur on the site. "Native vegetation" does not include noxious weeds as defined by the state of Washington or federal agencies. "Normal maintenance of vegetation" means removal of shrubs/nonwoody vegetation and trees (less than four -inch diameter at breast height) that occurs at least every other year. Maintenance also may include tree topping that has been previously approved by the city in the past five years. "Noxious weeds" means any plant that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to those plants on the state noxious weed list contained in Chapter 16-750 WAC. "Planning staff" means those employed in the planning division of the city of Edmonds development services department. 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended 15 Packet Pg. 185 9.1.a Exhibit A "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).) "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 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended 16 Packet Pg. 186 9.1.a Exhibit A 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 Injection Control Well" as defined in Chapter 173-218 WAC and associated idance 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. "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 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 23.40.320]. 2024-04-09 draft Edmonds CARA ECDC 23.60 v8 4.16.24 - Planning Board recommended 17 Packet Pg. 187 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. 188 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. 189 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. 190 9.1.c OV tp 11 C �r 'CIO Cx /IN I l l t zn ww..rA75"R 0 0 Q �a 0 a m. Packet Pg. 191 7 Currently no CARA regulations in Edmonds Propose prohibition of new intensive uses in CARAs + buffers Exceeds Department of Health requirements Propose monitoring of existing intensive uses in CARAs + buffer Exceeds Department of Health requirements Stormwater management in CARAs + buffers Exceeds Department of Ecology requirements 0 0 r Q w m 0 a Planning Board recommended approval Packet Pg. 192 220t" Street ,> N N. �n`��. • S 9.1.c • is • • :...-.v • � � �� 1 .�Woodwa . Y Edmonds ~ .0.: Esperance ••• • Terrace =_ • — Ir • • _. ,. ,r. 228th Street ellfield•WHPAJ � f •, { .t. Influences >y Deer Creek`� ' . •'j,• // Hall Cre Q ,,,,Springs �•• Q t •la 3 IF \ •1 ,3 I of - \ •. IL .art f' •. �• . �?�•: Lakr Neils [� • NO w04; Ts�.r' •-.e.�_ �\ J _ . ... \ '.. Legend � \ w • �' ' '. � _ __ J 6 Month Travel Time Zone � • ~, • 1 ; - •�--► \ Zone 1 (1 Year Travel Time Zone) Od J \ Zone 2 (5 Year Travel Time Zone) Q �� • .» �• 1, • 244t" Street t Zone 3 (10 Year Travel Time Zone) 1 _ 4 i� \� • • •• •• ; Shore_line' LJ Buffer Zone 2000' • .• _ _'ice•. �1 1 • , • I .. Water Sources �T� • �—� • • • ` 1' ' •► ' (. ( �•� Additional Protection Areas for Exposed Qva A Q �r ' •• • Olympic View Water and Sewer District Service Area Note: Basemap from PM: MTW Snohomish County Packet Pg. 193 8 USGS Edmonds August 2018 T 27 N/R 3,4 E U/ocf onr! Cocf ---- ---- _ ___-. A 4,4, nr��e• Planning Board Recommendation (revised) Moved approval of November 29, 2023 draft CARA code with two proposed changes Modification # 1 -Remove mitigation section in 23.60.030(d) (1) (c) Modification #2 - Disallow any UIC wells - shallow or drilled - in the QVa areas of the Deer Creek aquifer but allow shallow UIC wells in the other areas of that watershed 9.1.c 0' Meets the intent of the CARA... minimize loss of recharge quantity, maintain the protection of supply wells for public drinking water, and prevent contamination of groundwater Without modification, the stormwater management approach proposed by staff is more protective than required Protects DoH wellhead area AND buffer Buffer protection not required by DoH Meets and exceeds all Department of Ecology stormwater permit requirements Some treatment required regardless of soil treatment capacity Packet Pg. 195 9.1.c Willow Creek W Puget Sou Watershe �f SHOREUN Shellabarger Watershed i — — ;t HalNxCreek i Watershed 228TH ST SW r i I4 Q e onds Way Go ---;-- itershe4l 01 238TH ST SW P -244TH ST SW -------------- IAKr LLINGER WAY �_� __ Lake Ballin9�r Watershed Total Properties Located within Surficial QVa by Zone <Null> Count' BN Count RM-1.5 Count RS-8 Count WMU Count Grand Total tl4rzolw Bufferzone 29 3 1 574 8 615 L j"Y.., zo^• EDMOND6 10 Year Zone 29 3 451 490 L_, 5Y.., Z.- 5 Year Zone 29 1 Year Zone 23 198 30 227 53 L_jsN^^rnzo^. L_je.ne, zo^e - - - - 6 Month Zone 21 9 30 ®s°nr•' Qv Cityof Edmonds 'Null values are for properties not in City limits Deer Creek CARA Properties February 2024 Packet Pg. 196 9.1.c Treatment Required per DOE Soil Treatment Capacity Pollutant Loading Insignificant High Medium Low 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 Remove Oil Remove Oil Remove Oil and Solids Remove Oil and Solids Treatment Required per COE Soil Treatment Capacity Pollutant Loading High Medium Low Insignificant Insignificant Pretreatment Pretreament Remove Solids Remove Soli Low Remove Solids Remove Solids Remove Solids Remove Solids Medium Remove Oil and Solids Remove Oil and Remove Oil and Solids Solids Remove Oil and Solids High Remove Oil and Solids Remove Oil and I Solids Remove Oil and Solids Remove Oil and Solids a 0 w r a Packet Pg. 197 9.1.c 'rohfbftina Shalle deerC_...reel< C".'*AKP Closed stormwater basins Q 14 0, M 16' Area lacks municipal stormwater infrastructure ► Could lead to increased flooding at Deer Creek Increased cost of compliance could lead to de facto moratorium within low -density residential areas in SW Edmonds No federal or state standards exist for PFAS If standards are adopted and contamination ever detected, OV would have to treat for it or buy additional water from another provider Packet Pg. 198 9.1.c \1 r-k ,V -- 0 0 is a� 0 a m. Packet Pg. 199 9.1.d 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 Mike Clugston introduced Planning Board Chair Jeremy Mitchell, and Senior Utilities Engineer Mike De Lilla. Mr. Clugston reviewed: • Summary o Currently no CARA regulations in Edmonds o Propose prohibition of new intensive uses in CARAs + buffers ■ Exceeds Department of Health (DoH) requirements, not required to regulate buffer areas o Propose monitoring of existing intensive uses in CARAs + buffers ■ Exceeds Department of Health (DoH) requirements, not required to regulate buffer areas o Stormwater management in CARAs + buffers ■ Exceeds Department of Ecology (DOE) requirements o Planning Board recommended approval of the code amendment with modification • CARA Ma Woodway Edmonds Esperance T, V —� errata 228th Street ellfield �`' ,' j WHPA ll Influenced by Deer Cree > j/ Hall Creek S rings \\ i 3 �.;•� Legend �`_- - LAB MMI^ Tmvol Tlme Zone _ ?iTdl• • 1 - \\ \ Zone t (1 veer Travel Time Zaul Zone Z (5 Veer Travel Time 2me) 2441^Street_\ Shor. -zooe3(ioves na.d nma zoos) ��BWbrzone 2000' � �� ^ii:-�.J4 �. V• .9+ .. � � �.:i. ]aaananalrmxuon nroes io��ooeea aaM+irer Edmonds City Council Approved Minutes March 19, 2024 Page 5 Packet Pg. 200 9.1.d Planning Board Chair Jeremy Mitchell explained the planning board worked collaborative with Olympic View Water & Sewer District (OVWSD). On behalf of the planning board, he thanked Bob Danson and Lora Petso for their time and commitment to nine meetings where the CARA code amendment was discussed as well as their assistance with the subcommittee to reach a recommendation. The planning board's initial recommendation changed based on legal guidance discussed in executive session based on a risk mitigation assessment. OVWSD is implementing their Watershed Protection Plan, as required by the state, based on the source susceptibility assessment which provides guidelines on protecting the aquifer, watershed and drinking water quality. As the city is not the water purveyor, a balance is necessary between protecting the water source and weighing the amount taxpayers pay for permanent infrastructure He reviewed: • Planning board recommendations (revised) o Moved approval of November 29, 2023 draft CARA code with two proposed changes o Modification #1 remove mitigation section in 23.60.030(d)(1)(c) ■ Change to be made o Modification #2 — Disallow any UIC wells — shallow or drilled — in the QVa areas of the Deer Creek aquifer but allow shallow UIC wells in the other areas of that watershed ■ On March 13, voted 3-1 (one abstention) to remove proposed modification Senior Utilities Engineer Mike De Lilla reviewed: • Stormwater Management in Deer Creek CARA o Meets the intent of the CARA - minimize loss of recharge quantity maintain the protection of supply wells to public drinking water and prevent contamination of groundwater o Without modification the stormwater management approach proposed by staff is more protective than required o Protects DoH wellhead areas AND buffer ■ Buffer protection not required by DoH o Meets and exceeds all DOE stormwater permit requirements ■ Some treatment required regardless of soil treatment capacity • More protective than DoH requirements ShoUbarkler Watershed _ _--___ Willow Gerk - 3 watershedEf' 22arHSrsw Watehhed 8 �• ---- t l i Ld—ds Way T. Wat.rshed, f Southia�l� ! sdmodd. A �„ • WaterYMd - 238Th ST Sw' Pu M Sound Watershed / . % u a r southwest Edmonds B _ '- Wet —hod vFs` --- WOQQWAYcDMOND95 -. lake BdlinQar �� Watanhod ro1.. arwenMe wr.-�or.•nn, s.ex n�. � Sao ov:xre i -M�a Ce BN Geaet RM, Dl:eurr e5-e Ceure WtW Cewe nn •... EOMOND�rj ! if Yeer Lane ! ifi fYDer tdw A 1N rm .xa• tt) L i�^•"'f^• y_ _ v.er 2dM 2i t ,9 N L Ir'^"xe•� D M-*Z— 21 b ®�••�" Cityof Edmonds .aroMreeRemoea,no iRaeD Deer Creek CARA Properties February 2024 o Blue hatched area spans many drainage basins. o QVa is main recharge source for the aquifer and flows need to be maintained Edmonds City Council Approved Minutes March 19, 2024 Page 6 Packet Pg. 201 9.1.d o Comparison of what DOE requires and City of Edmonds requires ■ DOE's Technology Assessment Protocol Ecology (TAPE) program is a menu of technologies DOE has tested. IF reatment Required per DOE Soil Treatment Capacity Pollutant Loading High Medium Low Insignificant Insignificant Two -Stage Drywell Two -Stage Drywell Two -Stage Drywell Two -Stage Drywell ow Two -Stage Drywell Pretreament Pretreament emove Solids edium Pretreament Remove Solids Remove Solids Remove Solids i h Remove Oil Remove Oil Remove Oil and Solids Remove Oil and Solids "_A Required per COE Soil Treatment Capacity 77 Pollutant Loading High Medium Iow Insignificant Insignificant Low Pretreatment Pretreament eSolids Remove Solids ve Solids olids EMS Remove Solids Remove Oil and Medium Solids Remove Oil and move Oil and Solds Solids Remove Oil and Solids Remove Oil and ,High Solids Remove Oil and move Oil and Solids olids Remove Oil and Solids Listen to video Prohibiting Shallow UICs in Qva in Deer Creek CARA is infeasible o Closed stormwater basins o Area lacks municipal stormwater infrastructure o Could lead to increased flooding at Deer Creek o Increased cost of compliance could lead to de facto moratorium within low -density residential areas in SW Edmonds o No federal or state standards exist for PFAS ■ If standards are adopted and contamination ever detected Olympic View would have to treat for it or buy additional water from another provider Mr. Clugston reviewed: • Staff recommendation o Take public testimony o Additional council discursion tonight o Potential action/adoption April 16 Mayor Rosen opened the public participation portion of the public hearing. Bob Danson, General Manager, Olympic View Water & Sewer District, thanked the city for working with OVWSD on protecting the community's drinking water recourses by updating the CARA code. City staff has worked collaboratively with OVWSD to develop the recommended protections. He recognized the code has challenges due to the ramifications and although OVWSD supports a majority of the code update, they have some reservations. OVWSD has two shallow watershed wellhead protection areas that supply drinking water to the community. The reason for the buffers is because they are shallow and very susceptible to concern and OVWSD includes the buffers as part of the wellhead protection areas and designated in its Wellhead Protection Plan and requests they be include in the CARA. It is also one of the only sources in the area that is not part of the Seattle or Everett system so in the event of a catastrophic, this is potentially the water source for the entire community. Across the state, several sources have had contamination due to land uses which require at a minimum treatment which can be costly or the water source has to be abandoned. With regard to alternative sources, they are dwindling due to increased contamination; PFAS has eliminated several water sources as well as impacted salmon habitat. There is also the issue of overall growth and pressure from growth for the water resource. Drought conditions in recent years are the result Edmonds City Council Approved Minutes March 19, 2024 Page 7 Packet Pg. 202 9.1.d of the massive water resources in the mountain not being enough. Contamination of this critical resource could be very devastating and unfortunate. OVWSD's position has always been stormwater is a threat due to pollutants in stormwater and using infiltration of any kind in stormwater mitigation in the capture zones has potential for concern for the aquifer. The Qva layer is the water bearing layer and very susceptible to concern so OVWSD has major concerns with any infiltration which is why OVWSD recommends no UIC. OVWSD appreciates the efforts in the draft to only allow shallow infiltration and increase treatment requirements for infiltration options which will help with pollutants but is still concerned it will not stop everything such as PFAS. Diane Buckshnis, Edmonds, said Mr. Scardino left because he did not think the council was listening. She agreed with Mr. Danson's comments, noting she wrote about it in the newspaper. She recommended the council approve the planning board's original recommendation and not allow more digging. She pointed out the information staff provided was not visible to the audience. She referred to an email she received that said if the council sees science that convinces them more protection is needed, they will make the code more stringent. In her opinion, the council needed to protect the city's residents via a more stringent code and change the code later if science supported it. She urged the council to approve the code as recommended in December. With no further public comment, Mayor Rosen closed the public hearing. Councilmember Dotsch relayed her understanding the shallow area is sand so anything around it transmits more quickly toward the wellhead. She recalled someone asking during last year's meetings if the CARA has been around so long, why wasn't it contaminated. At that time Mr. Clugston said it was due to low density single family. With the pressures for growth and creating more impervious surfaces, more runoff and more potential for contamination and overwhelming system, she asked whether these areas could be designated for less intensive development. If ways to protect the aquifer are developed in the future, possibly more intensive development could be allowed. She was leaning toward being more protective of both these water sources. Mr. Clugston answered with regard to future growth, the state has said there are things the City must do to provide more density. Even in single family zones, like the bulk of the CARA and buffer, more housing will be developed, but fortunately it is low density. In the past 100 years the CARA has been recognized, there have not been any chemical exceedances and it has been an extremely clean source of drinking water and he did not see that changing. CARA regulations have been in the GMA since early the 1990s, but Edmonds did not have regulations because the City did not know the CARAs existed until several years ago. As these are predominantly single family zones, if new uses occur, they will be duplexes or triplexes. Councilmember Dotsch commented duplexes and triplexes result in more impervious surfaces; it was her understanding gutters have PFAS. Fortunately the two CARAs in Edmonds are clean, she has read that 50% of the water in the United States is contaminated. Although the state's housing guidelines include protection for CARAs, a bill the legislature approved this year took that away. She asked how to balance something as precious as clean water. She wanted to do everything possible to prevent any contamination and if things change in the future, that could be considered. She was inclined to be as protective as possible. Councilmember Tibbott relayed his understanding from the presentation that the CARA regulations as amended meet or exceed DOE's recommendations for a discharge area. Mr. Clugston answered that was correct. Councilmember Tibbott asked for a description of pretreatment concepts the City would prescribe prior to water filtration. Mr. De Lilla referred to the table that compares what DOE requires and City of Edmonds requires, explaining there are pollution generating impervious surfaces which according to DOE is any surface a car drives on. Non -pollution generating surfaces are roofs, sidewalks, and everything else. If the City were to use DOE's standard, non -pollution generating surfaces only require two -stage drywell (catch basin and pipe and infiltrate or put in a raingarden). For pollution generating surfaces, DOE requires Edmonds City Council Approved Minutes March 19, 2024 Page 8 Packet Pg. 203 9.1.d removal of solids which is water treatment such as rain gardens and a plethora of DOE tested technologies such as filter cartridges, water treatment boxes, etc. For example, the tree wells on Main Street between 5' and 6t1i contain water treatment facilities. Councilmember Tibbott relayed his understanding there are pretreatment options in the code. Mr. De Lilla agreed, advising PFAS is not regulated because no one knows what the standard should be yet. Councilmember Paine thanked the planning board for holding six meetings to address this topic. She asked what contamination, if any, has been found in the waters of Hall Creek and Deer Creek and what percentage of Deer Creek and Halls Creek supply water to OVWSD. Mr. De Lilla answered it was 0-40% depending on the time of the year. The majority of water comes from Seattle. Councilmember Chen said he was trying understand the difference between the planning board's original recommendation, eliminate all UIC wells, and the current recommendation to allow some. He asked the risks of contamination of the aquifer by making this concession. Mr. De Lilla referred to the City of Edmonds Deer Creek CARA Properties map, pointing out the blue crosshatched area is the Qva, highly sandy soil that the aquifer depends on to have water go into to be recharged. Every other place outside the Qva may go down a few feet, but eventually goes through the Qva. The planning board originally wanted to get rid of any UIC within the blue crosshatched area regardless of the fact that everything in the QVt also makes it to the Qva. If there cannot be infiltration and only rain gardens, there will be a lot more flooding and site conditions will make it difficult to have above grade facilities. Therefore the facilities need to be smaller which means development needs to be smaller, there will be localized flooding, drainage patterns change, etc. Only one technology is allowed within the blue crosshatched area to mitigate, but everywhere else has 26 other choices to resolve the situation which in his opinion was counterintuitive. Providing more choices and allowing adjustments related to the development is a good thing especially since all the technologies fall within the TAPE guideline. Qualitatively, there is no difference other than everybody can see a rain garden because it's above ground and infiltration is below ground. People think that anything underground is bad, but treatment occurs first, infiltration happens after. Councilmember Chen commented if UIC wells aren't allowed, would other tools like Green Streets, rain gardens, etc. to treat contaminated water purify water before it reaches the aquifer be allowed. Mr. De Lilla answered the technologies are all equivalent; with rain gardens, there is some piping underneath to help with drainage and dispersion, improve the efficacy and decrease the size of facility. If pipes aren't allowed, the facilities have to be much bigger and there are side factors to consider such as slopes, etc. Adding pipes allows much more to fit within in a smaller footprint. The majority of rain gardens have some level of piping; the current recommendation would allow pipes about 3 feet deep to help with dispersion and efficacy of the system. Mr. Clugston advised this item is scheduled to return to council for potential action on April 14. If further discussion is needed, possibly the 20 minutes allocated for that item could be extended to 30 minutes. Councilmember Nand asked if there is concern with PFAS from the pipe material used for shallow infiltration and whether there was any way to regulate the materials in rain garden pipes to address OVWSD's concerns. Mr. De Lilla said that would not be based on any best available science; PFAS is everywhere. It may be possible to use ductal iron pipe, but that breaks down. There are pluses and minuses with all materials and there are currently no standards related to PFAS. Councilmember Nand suggested considering other jurisdictions that regulate CARAs who have attempted to address PFAS. Mr. Clugston answered there are currently no state or federal limits for PFAS so no one is regulating it. Some jurisdictions around airports are having issues with PFAS from the use of firefighter foam. If DOE finds a treatment for PFAS in the future and their standards change, they will automatically Edmonds City Council Approved Minutes March 19, 2024 Page 9 Packet Pg. 204 9.1.d be incorporated into the City's rules. Mr. De Lilla summarized everyone is waiting for more information from the state and federal level. 10. COUNCIL BUSINESS 1. PLANNING STUDY FOR EDMONDS MARSH AND ESTUARY RESTORATION Public Works Director Oscar Antillon introduced Greg Ferguson, a volunteer involved in this effort, and acknowledged all the work of the volunteers to get to this place. He reviewed: • City received a NFWF/NOAA grant. • Request 1. Authorization to accept the grant 2. Authorization for staff time to work on the grant 3. Authorization to release RFQ Volunteers will do a lot of the heavy lifting related to the grant Mr. Ferguson reviewed: • National Fish and Wildlife Foundation — National Coastal Resilience Fund 2023 o "Restore increase and strengthen natural infrastructure, to protect coastal communities while also enhancing habitats for fish and wildlife." o Edmonds is a front-line coastal community. Marsh restoration can add critical estuary habitat while helping reduce flood risks. • Main grant goals 1. Evaluate the impact that restoration alternatives have on reducing flood risks 2. Evaluate the risk to future landowners resulting from contamination and identify solutions 3. Define a process that can help the Edmonds community decide on a restoration plan • How It Works o An environmental services contractor and MTCA law firm will be hired to do technical evaluations and complete reports o The City will review the reports and administer the grant o Citizens will help provide data to the experts and support City grant administration Why do we need it and why now? o Site info is needed before ownership decisions o The start of a multi -year process Edmonds City Council Approved Minutes March 19, 2024 Page 10 Packet Pg. 205 9.2 City Council Agenda Item Meeting Date: 04/16/2024 Fitch Report: Fire Services Feasibility Assessment Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History On September 26, 2023 Council passed Resolution 1531 expressing the intent to pursue the benefits of receiving fire and emergency medical services from the South Snohomish County Regional Fire Authority via annexation. In November 2023, Council approved a contract with Fitch & Associates, asking that they build upon their previous study and provide an updated analysis of fire services options that the City of Edmonds might consider. Recommendation Council will receive a presentation from William Sturgeon, Senior Associate from Fitch & Associates, outlining conclusions and actionable options. Narrative From the Scope of Work of the Professional Services Agreement: Element 1: Establishing Current and Desired Performance • Update a quantitative data assessment of response times. • Discuss with the policy group the desired performance and the associated costs for each service level. Element 2: Evaluate the efficacy of annexing into the RFA. • Evaluate the fiscal implications of the RFA proposal for the City. • Provide an assessment of the pros/cons of the approach. Element 3: Evaluate the efficacy of providing fire services as a City department. • Evaluate the fiscal and operational implications creating a new city department. • Provide an assessment of the pros/cons of the approach. Element 4: Evaluate the potential of contracting for services with another provider. • Evaluate the fiscal and operational implications of contracting with an alternative provider. • Provide an assessment of the pros/cons of the approach. Element 5: Prepare an Executive Summary Report and Presentation • Evaluate and provide alternatives for consideration that optimize current and future states. • Provide high-level fiscal projections for any prioritized alternatives. Packet Pg. 206 9.2 • Provide pros/cons of any prioritized alternatives. • Provide implementation strategies. Attachments: Final Edmonds PPT to City Officials April 16, 2024 Packet Pg. 207 COMPARISON OF FIRE AND EMS SERVICI OPTIONS IN EDMONDS, WA a Packet Pg. 208 Prepared for City Council April 2024 INTRODUCTIONS Fitch and Associates Edmonds Project Team Steve Knight, Ph.D. Partner Bill Sturgeon, MPA, EFO, CPM, ICMA-CM Senior Associate- Lead Project Manager Bruce Moeller, Ph.D. Senior Consultant I Prepared for City Council Dave Johnsen, MBA, EFO, CFO, NRP Senior Consultant Dan Gorton, Consultant MS, NRP April 2024 N O N •L Q Q N 0 U 0 H a a 0 E W U- E w Q Packet Pg. 209 Introduction Purpose of the Presentation Provide the City of Edmonds Council options to make an informed decision on continuing to provide a high level of emergency services to the citizens of the community. Goals of the project: Emergency services must support the existing and growing needs of the community. Emergency services must operationally be citizen centric. Emergency services must foster fiscal trust within the community. Prepared for City Council April 2024 1 Packet Pg. 210 9.2.a Finding the Right Balance Risk Performance Demand Operations Expectations Fiscal Realities Packet Pg. 211 High Risk Occupancies Edmonds includes more than 19,471 housing units and more than 1,642 non-residential occupancies, including office, professional services, retail/wholesale sales, restaurants/bars, hotels/motels, churches, schools, government facilities, healthcare facilities, and other non-residential uses. Commercial occupancies are classified as (Low, Moderate, High, and Maximum). tation R"PWNFN ' Risk Factors Total � St.16 St.17 St.20 • Occupancies Risk Scoring Evaluation Data retrieved from South County Fire Standards of Cover Prepared for City Council April 2024 N O N .Q a U 0 U 0 H a a 0 E W U_ E 0 w r a Packet Pg. 212 Critical Facilities in Edmonds South County Fire identified 155 critical facilities throughout the service area, 28 of which are located in Edmonds. A hazard occurrence with significant impact severity affecting one or more of these facilities would likely adversely impact critical public or community services. Station Response Zone Risk Factor Total St.16 St.17 St.20 Facilitates Critical Data retrieved from South County Fire Standards of Cover Prepared for City Council April 2024 N O N .Q a N R .2 tt= 0 O H a. IL c O E w R ii u c m E s a Packet Pg. 213 Call Volume- 3.01 % Annual Increase in calls 2019 2020 12.05% increase from 2019 2021 2022 Chart and data retrieved from South County Fire Annual Report to City of Edmonds April 2024 Prepared for City Council 2023 April 2024 1 Packet Pg. 214 SERVICE TYPE CALLS L 10 Busy time, or time on task, was measured from unit dispatch date and time to unit clear date and time. All units assigned to South County Fire for the City of Edmonds made 6,147 responses and were busy on calls for a total of 6,042 hours. The department ran an average of 16.8 calls for emergency services a day. 86.2% of the total call volume was requests for EMS. Data retrieved from South County Fire Annual Report to City of Edmonds April 2024 Prepared for City Council April 2024 N O N •L a U 0 U 0 a a _ 0 E w _ ii d E w r a Packet Pg. 215 Introduction Importance of Fire and EMS Services in Edmonds, WA SCF Fire Performance 90t" Percentiles- Response Times 2022-2023 (FITCH) Dispatch Turnout Travel Total Response Type Time Time Time Response Sample Size Time All Emergency Calls -Total 1:24 2:42 6:12 8:54 1,416 EMS n Fire r a Prepared for City Council April 2024 1Packet Pg. 216 Current Resources in Edmonds 3 Fire Stations Station 16 Maplewood Station 8429 196th Street SW Edmonds, WA Resources: Engine / Medic (cross -staffed) Personnel: 3 Station 17 Downtown Edmonds 275 Sixth Ave. North Edmonds, WA Resources: Engine / Medic (cross -staffed) Personnel: 3 Prepared for City Council Station 20 Esperance Station 23009 88th Avenue W Edmonds, WA Resources: Engine / Medic Personnel: 5 April 201 Packet Pg. 217 Current Resources in Edmonds f FITCH & A S S 0 C I A T E S Engines- 3 Personnel per Unit- 3 Medic/ Aide Units- 3-5 Personnel per Unit - 2 Prepared for City Council I: c r\� CV O U Water Rescue Boat a a Located at Port of Edmonds O W U- E w a April 201 Packet Pg. 218 South County Fire -Current Deployment Model isk Ty neni:iLmurr Ty ,_ ._sources Se Sen7t Wrotal DepartmeW �isk Personnel 1- Patient EMS 1 Engine/ Ambulance or Ladder Ambulance 3-5 FF Vehicle Fire 1 Engine 3 FF 2 Battalion Chiefs, 1 Medic Unit, 1 BLS Unit, 3 Fire in Residential Structure Engines, 1 Ladder, 1 Technical Rescue Unit and 1 22 FF Medical Services Officer Fire in Same as "Residential Fire" with One Additional Commercial Engine 25 FF Structure 2 Engines, 2 Ambulances, 1 Ladder, 1 Technical Technical Rescue Rescue and 1 Battalion Chief 17 FF First Alarm- 2 Engines Hazardous Second Alarm and above: Materials Decon Unit, Battalion Chief, Hazardous Materials 16-19 FF Response Technical Units and Ambulances Based on Patients Table retrieved from South County Fire Annual Report to City of Edmonds April 2024 Prepared for City Council April 20 Packet Pg. 219 The Fitch team assessed all possible outcomes to fulfill the purpose of the project. Four options were analyzed; three options presented themselves as the best options to analyze emergency services for the community. Annex into South County RFA cur-Dntions Analyzed Contract with Another Service Create Edmonds Fire Department Prepared for City Council Separate Fire and EMS Services Contract with EMS Provider r Q Aprill Packet Pg. 220 Financial Considerations Annex into South County Fire RFA Contract with Another Agency Form Edmonds Fire Department Reduce GF expenditures by Initial capital purchase and Estimated capital and start up -$6 million -$6.7 million costs -$6.7 million Relieved of $6.6 million-$83K Estimated cost to remodel, Estimated operational cost -$19 annually rebuild and relocate stations million annually LEOFF1liability(OPEB) -$20 million Estimated cost to remodel, rebuild Relieved of $401,107 for County 911 and relocate stations -$20 million Increase staffing by -44-51 City would need to hire fire/EMS operational personnel. positions. -56 personnel r Prepared for City Council N O N •L a 0 U 0 H a a _ 0 E W _ U- E w r a April IPacket Pg. 221 FITCH-Financial Comparison of Options Median Home Value (2020) Census Base Charge - 2,000 sq. ft. single family $ 761,300.00 $ 72.58 South County Fire (RFA) - 2024 levy Levy RaJ[ Dollar Val= Fire 0.79 $ 601.43 0.34 $n 258.84 Benefit Charge (City of Edmonds) Annual Cost IPM Monthly Cost Contract -Shoreline Fire Rescue- 2024 levy Fire & EMS combined (includes benefit charge) EMS (King Count Annual Cost Monthly Cost Form City of Edmonds Fire Department Fire (includes benefit charge) Annual Cost Monthly Cost 0.10 $ 72.58 1.23 $ 932.85 $ 77.74 Levy Rate 1 Dollar Value 1.27 $ 966.85 1.48 $ 1,126.72 Levy Rate Dollar Value 1.25 $ 952.70 $ 952JE $ 79.39 South County Fire (RFA) - 2024 levy Fire $ 12,128,816 EM $ 5,219,997 Benefit Charge $ 1,413,205 Annual Cost $�18,762,017' Shoreline Fire Rescue - 2024 levy Fire (includes benefit charge) $ 19,498,223 EMS (King County) $ 3,224,116 Debt Se $ 805 ,617 Annual Cost $ 23,527,955 Form City of Edmonds Fire Department Personnel & Operating* 18,000,000 Annual debt Service - facilities & apparatus** $ 2,212,839 Ambulance Transport fees (1,000,000) Annual Cost $ 19,212,839 Levy Equivalent $ 'W 1.25 *Includes ancillary and support services ** Annual debt service 20-years at 3.5% ** Apparatus for 10-years at 3.5% r N 0 N •L a Q 0 U 0 a a _ 0 w _ ii d E 0 w r Q Packet Pg. 222 Option 1: Annexation into RFA Pros Maintain level of fire & emergency services • Paramedic ambulances • Skilled all hazards response • Fire Marshal • Community Paramedicine 4 Prepared for City Council Edmonds would be relieved of the current firefighter portion of the LEOFF1, which equals $6.6 million (Annual Cost: $83K). No longer be responsible for the fire dispatch fees payable to Snohomish County 911. In 2024, that amount is $4019107.00. a April 20241 Packet Pg. 223 Option 1: Annexation into RFA • Increased Levy rate to taxpayers • Level of service is governed by elected fire commission- not the City of Edmonds 4 Cons Prepared for City Council April 2024 1 Packet Pg. 224 Option 2: Contracting with Shoreline Fire Rescue The Fitch team met with the Fire Chief of Shoreline Fire Department to assess the level of interest in entering a service contract with The City of Edmonds to provide Fire and EMS services. Due to the City of Edmonds being surrounded by South County Fire response area, Shoreline Fire Department is the only logical service available for emergency response. Pros Shoreline is an all -hazards fire department which offers services like South County Fire. Prepared for City Council Shoreline Fire already has inter -local agreement with Northshore to provide Fire and EMS services. N O N O •L Q a U 0 U 0 a a 0 E W U_ E w a April 20241 Packet Pg. 225 Option 2: Contracting with Shoreline Fire Rescue • Many variables within this scenario provide uncertainty on the level of uncertainty and the future cost to the City of Edmonds including Debt service, replacement capital funding, and labor rates. *No formal request has been made to Shoreline Fire from the City of Edmonds. Prepared for City Council April IPacket Pg. 226 Option 2: Contracting with Shoreline Fire Rescue Cons Due to funding through King County for EMS, it is still being determined if the Shoreline Fire Department could provide an EMS unit within the City of Edmonds. Requires interlocal agreement approved by governing body. The City of Edmonds needs capital equipment for fire and EMS services to explore and consider any option outside annexation with the RFA. Initial capital purchases and renovate facilities (TBD) Shoreline Fire would need to increase staffing by -44 operational personnel. Prepared for City Council N O N r �L a 0 U 0 a (L U) 0 E W _ U- w _ E w a April IPacket Pg. 227 Option 3: Forming Edmonds Fire Rescue Based Current Level of Service In 2009, the City of Edmonds dissolved its Fire Department, sold its assets, and merged its personnel to Snohomish County Fire Protection District NO. 1 (South County Fire). Pros The citizens of Edmonds would have control of their emergency services. * There is a myriad of options based on the acceptable level of risk in a community. A Prepared for City Council N O N •L Q a U 0 U 0 H a a _ 0 E w _ ii d E w r a April 202 Packet Pg. 228 Option 3: Forming Edmonds Fire Rescue Cons Given the current labor challenges, Edmonds may experience a significant challenge in recruiting, retaining, and hiring qualified personnel. The City would need to purchase apparatus, equipment, and firefighter protective gear. Will need to hire a complete command staff with support personnel to continue the present level of service. New apparatus is currently taking 20- 36 months for delivery. Prepared for City Council N O N O •L a U 0 U 0 H a a 0 E W U- E w a April 202 Packet Pg. 229 Option 3: Forming Edmonds Fire Rescue Estimated Capital and Start up Costs Fire Apparaaus (4)- includes 1 reserve $3,900,000 Ambulances (4)-includes 1 reserve $1,550,000 Command Staff Vehicles (3) $250,000 Firefighter Protective Equipment-(2) sets per fi refighter $401,000 Self Contained Breathing Apparatus (24) $250,000 EKG- Monitor Defibrillator (4) $150,000 Radios (25) -Tota l $250,000 $6,751,000 Prepared for City Council April 202 Packet Pg. 230 Option 3: Forming Edmonds Fire Rescue For the City to continue to provide the same level of service as it is currently receiving, It will require -51 operational personnel and --five (5) administrative/ support positions for a total of fifty-six -(56) personnel. Prepared for City Council r Q April 202 Packet Pg. 231 Option 3: Forming Edmonds Fire Rescue The operational costs would be approximately -$19M includes ancillary and support services. Cons The current fire stations within Edmonds need remodeling, rebuilding, and relocations. An independent consultant has forecasted a project price of -$20 million to complete this project. A City or Pre ared Council N f Y N O N r .Q a 20 0 U O H a (L U) O E w ii w a� E s �a w r a April 202 Packet Pg. 232 Option 4: Contracting Out EMS ONLY Cons Collective bargaining agreements for Shoreline Fire Department and Shoreline Firefighters Local 1760 South Snohomish County Fire & Rescue, Regional Fire Authority, and International Firefighters Local 1828 prohibit subcontracting for Emergency Medical Services. Currently, no advanced life support (ALS) private ambulances are operating within Snohomish County. This approach has declined nationally due to decreased private EMS providers and communities needing to retain transport fees and may require subsidies. Prepared for City Council April 20 Packet Pg. 233 9.2.a Finding the Right Balance Risk Performance Demand Operations Expectations Fiscal Realities Packet Pg. 234 FITCH-Financial Comparison of Options Median Home Value (2020) Census Base Charge - 2,000 sq. ft. single family South County Fire (RFA) - 2024 levy Fire EMS Base Charge (City of Edmonds) Annual o Monthly Cost Contract -Shoreline Fire Rescue- 2024 levy Fire & EMS combined (includes benefit charge) EMS (King County) Annual Cost w $ 761,300.00 $ 72.58 Levy RaJ[ Dollar Val= 0.79 $ 601.43 _. 258.84 0.10 $ 72.58 1.23 $ 932.85 - $ 77.74 Levy Rate Dollar Value 1.27 $ 966.85 �MM&1 59JM 1.48 $ 1,126.72 93.89 Form City of Edmonds Fire Department Levy Rate Fire (includes benefit charge) 1.25 $ 952.70 Annual Cost . Monthly Cost - $ 79.39 South County Fire (RFA) - 2024 levy Fire $ 12,128,816 EM $ 5,219,997 Benefit Charge $ 1,413,205 Annual Cost $�18,762,017' Shoreline Fire Rescue - 2024 levy Fire (includes base charge) $ 19,498,223 EMS (King County) $ 3,224,116 Debt Se $ 805 ,617 Annual Cost $ 23,527,955 Form City of Edmonds Fire Department Personnel & Operating* 18,000,000 Annual debt Service - facilities & apparatus** $ 2,212,839 Ambulance Transport fees (1,000,000) Annual Cost $ 19,212,839 Levy Equivalent $ "'W 1.25 *Includes ancillary and support services ** Annual debt service 20-years at 3.5% "Apparatus for 10 years r N 0 N •L a a U 0 U 0 a a _ 0 w _ ii d E c� w a Packet Pg. 235 Thank You Questions? William E. Sturgeon, MPA, CPM, EFO, ICMA-CM Senior Associate— Fitch & Associates FITCH Packet Pg. 236