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2015.02.24 CC Agenda Packet              AGENDA EDMONDS CITY COUNCIL Council Chambers ~ Public Safety Complex 250 5th Avenue North, Edmonds SPECIAL MEETING FEBRUARY 24, 2015             6:30 P.M. - CALL TO ORDER   1.(30 Minutes)Convene in executive session to discuss collective bargaining per RCW 42.30.140(1)(b) and real estate per RCW 42.30.110(1)(c).   STUDY SESSION FEBRUARY 24, 2015   7:00 P.M. - CALL TO ORDER / FLAG SALUTE   2.(5 Minutes)Roll Call   3.(5 Minutes)Approval of Agenda   4.(5 Minutes)Approval of Consent Agenda Items   A.AM-7494 Approval of City Council Meeting Minutes of February 17, 2015.   B.AM-7511 Approval of claim checks #212946 through #213004 dated February 19, 2015 for $99,966.33. Approval of payroll direct deposit and checks #61502 through #61511 for $465,060.76, benefit checks #61512 through #61518 and wire payments of $516,891.19 for the pay period February 1, 2015 through February 15, 2015.   C.AM-7505 Acknowledge receipt of two Claim for Damages from Marian Ungureanu ($2,000.00 total)   D.AM-7497 Authorization to Contract with James G. Murphy to Sell Surplus City Vehicles   5.Audience Comments (3 minute limit per person)*       Packet Page 1 of 280 5.Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings   6.(20 Minutes) AM-7490 Diversity Commission   7.(10 Minutes) AM-7503 Presentation of a Supplemental Agreement with Perteet for the 228th St. SW Corridor project   8.(30 Minutes) AM-7500 Draft Economic Development Element for 2015 Comprehensive Plan Update   9.(10 Minutes) AM-7512 Presentation of Code Revision to Chapter 18.80.060 – Driveway and curb cut requirements.     10.(10 Minutes) AM-7502 Presentation of an Interlocal Agreement with the Cities of Lynnwood and Mountlake Terrace on City-wide bicycle improvements   11.(10 Minutes) AM-7501 Presentation of a grant agreement with the State Recreation and Conservation Office (RCO) for $157,331 for the Preliminary Design and Environmental Permitting of the Willow Creek Daylighting Project   12.(10 Minutes) AM-7504 Interlocal Agreement with the City of Lynnwood to formalize roles, responsibilities and usage of existing and proposed emergency interties that interconnect watermains between the City of Edmonds and City of Lynnwood.   13.(10 Minutes) AM-7506 Presentation of a Supplemental Agreement with The Blueline Group for Capital Projects Construction Management, Engineering & Inspection Services for 2015.   14.(15 Minutes) AM-7498 Access Options for Potential Lots near Restlawn Cemetery   15.(20 Minutes) AM-7485 Discussion regarding Code of Ethics   16.(10 Minutes)Report on Outside Boards and Committees   17.(5 Minutes)Mayor's Comments   18.(10 Minutes)Council Comments   19.Convene in executive session regarding pending or potential litigation per RCW 42.30.110(1)(i).   20.Reconvene in open session. Potential action as a result of meeting in executive session.   ADJOURN         Packet Page 2 of 280    AM-7494     4. A.              City Council Meeting Meeting Date:02/24/2015 Time:Consent   Submitted By:Scott Passey Department:City Clerk's Office Type: Action  Information Subject Title Approval of City Council Meeting Minutes of February 17, 2015. Recommendation Review and approve meeting minutes. Previous Council Action N/A Narrative Attachment 1 - 2-17-2015 Draft Council Meeting Minutes Attachments 02-17-14 Draft City Council Meeting minutes Form Review Form Started By: Scott Passey Started On: 02/17/2015 12:52 PM Final Approval Date: 02/17/2015  Packet Page 3 of 280 EDMONDS CITY COUNCIL DRAFT MINUTES February 17, 2015 The Edmonds City Council meeting was called to order at 5:00 p.m. by Council President Fraley- Monillas in the Council Chambers, 250 5th Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Dave Earling, Mayor (arrived 7:00 p.m.) Adrienne Fraley-Monillas, Council President Diane Buckshnis, Councilmember Kristiana Johnson, Councilmember Lora Petso, Councilmember Joan Bloom, Councilmember Thomas Mesaros, Councilmember ALSO PRESENT Noushyal Eslami, Student Representative STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev. & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Renee McRae, Recreation Manager Sharon Cates, City Attorney’s Office Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder 1. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Mayor Earling. 2. INTERVIEW OF APPLICANTS FOR COUNCIL POSITION #2 VACANCY The Council interviewed the following candidates for City Council Position #2 vacancy: • David Preston • Michael Jay Nelson • Debbie Matteson • Jeff Scherrer 3. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Bloom requested Item D be removed from the Consent Agenda. COUNCILMEMBER PETSO, MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE REAMINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Packet Page 4 of 280 A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF FEBRUARY 10, 2015 B. APPROVAL OF CLAIM CHECK #212837 THROUGH #212945 DATED FEBRUARY 12, 2015 FOR $295,349.33. APPROVAL OF PAYROLL CHECK #61501 DATED FEBRUARY 6, 2015 FOR $2,126.51. C. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM BURT HOPKINS (AMOUNT UNDETERMINED), JAY AND ALLISON BREWER ($2,490.00), AND STACIE TRYKAR ($59.99) E. AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH THE YMCA TO OPERATE YOST POOL FOR THE 2015 SEASON F. DISCUSSION OF AN ORDINANCE AMENDING THE 2015 BUDGET FOR CARRYFORWARD ITEMS PREVIOUSLY DISCUSSED AND APPROVED BY COUNCIL DURING THE 2014 BUDGET YEAR G. POLICE UNIFORM VENDOR CONTRACT RENEWAL H. AUTHORIZATION TO PURCHASE FREIGHTLINER VACTOR 2100 CB VACUUM TRUCK ITEM D: APPROVAL OF EDMONDS DOWNTOWN ALLIANCE (AKA EDBID) GRANTS PROGRAM Councilmember Bloom commented among the many reasons she voted against the formation of the Edmonds Downtown Alliance; her main objection has been that she did not think a small group of business owners, in this case the 12-member board, should have the authority to spend the money of other businesses. She was also opposed to the small grant program in which a three-member committee is spends the money of other business owners. She will vote against this item. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE ITEM D. MOTION CARRIED (5-1), COUNCILMEMBER BLOOM VOTING NO. 5. AUDIENCE COMMENTS Dave Page, Edmonds, said he thought the naming of Fire Station 16 after Betty Mueller was going to be on tonight’s Consent Agenda. Councilmember Bloom relayed her understanding a public hearing was required prior to Council approval. 6. PUBLIC HEARING ON DRAFT ECONOMIC DEVELOPMENT ELEMENT FOR 2015 COMPREHENSIVE PLAN UPDATE Development Services Director Shane Hope explained the packet has a brief overview memo, a clean version of Economic Development Element and a version with tracked changes in the goals and policy section. The draft Economic Development Element reflects comments from the Economic Development Commission (EDC) and the Planning Board; the Planning Board provided their recommendation at the February 11 meeting for which minutes are not yet available. Tonight is a public hearing on the element and not a final decision. Economic Development & Community Services Director Patrick Doherty provided background on the Economic Development Element: • Existing Economic development element was approved in 2006 Packet Page 5 of 280 • As such, it is the oldest and least updated element of the Comprehensive Plan • The proposed revisions constitute a substantial rewrite of the element • EDC reviewed and provided substantive revisions to the goals and policies section at their December 17, 2014 meeting • Planning Board reviewed entire draft Element and provided substantive revisions to narrative sections and goals and policies at February 11, 2015 meeting • While much of text is new or revised, the preexisting format was followed • Element is broken into four sections: o Introduction and Discussion of Economic Development o The Edmonds Economy o Economic Development Goals and Policies o Implementation He explained this element is intended to enshrine the City’s goals, policies and strategies for growing the local economy in order to enhance the quality of life. Programs and activities strive to broaden and strengthen the local tax base, provide greater range of goods and services, and provide employment and entrepreneurial opportunities while recognizing social, cultural, environmental values. The Element is comprised of four basic sections: • Population • Employment • Retail Sales • City Revenues and Sustainability The population section provides information on: • Total population • Average age • Ethnic make-up • Households • Household income • Labor force population Summary of conclusions from population section: • Population growth lags Countywide averages • Labor force population is smaller percentage than in similar-sized cities • Retiree population is relatively larger than average • Household income is relatively higher than average • Higher-income retirees may create sizable cohort with disposable income and leisure time • Potential for turn-over in housing stock, converting to couples and young families, creating increased demand for certain goods and services • Generally more affluent population creates demand for wide variety of goods and services • Higher-priced housing creates demand for more affordable housing options The employment section provides information on: • Jobs per capita • Size of the labor force • Jobs by sector Summary of conclusions from the employment section • Services sector will continue to be largest, especially health care sector • Retail sector provides potential for employment growth Packet Page 6 of 280 • Remain stable: education, government, FIRE, WTU • Manufacturing sector small, but artisanal and specialty industries emerging • Substantial gap between residents in labor force (21,174) and in-city jobs (13,149) • Additionally, only 20% of Edmonds labor force works in town, meaning approx. 17,000 residents commute away for work, while approx. 8,900 commute into Edmonds The retail sales section provides information on: • Top retail sales sectors • Taxable retail sales per capita • Retail sales “leakage” by category Summary of conclusions from retail sales section: • Edmonds captures 84% of total anticipated retail sales per capita (Western US average) • Vehicle sales skew the data. Extracting vehicles leaves only 51% of anticipated retail sales • So almost 50% leakage of potential nonvehicle sales • Therefore, nonvehicle retail sectors could provide substantial growth potential Mr. Doherty displayed a pie chart of City revenues and reviewed a summary of conclusions from the City revenues and sustainability section: • Recapture of even modest amount of retail sales leakage could yield much-needed sales tax revenue • Appropriate new (re)development would provide: o One-time “new construction” property tax, adding to future property tax revenue baseline o Sales tax from construction materials and activity o Sales and utility tax from new residents, workers, etc. With regard to the Economic Development Goals and Policies, he explained staff and the EDC worked through a SWOT (strengths, weaknesses, opportunities and threats) analysis and placed particular emphasis on identifying new opportunities. He highlighted opportunities in the SWOT analysis: • Leverage amenities and “character” for business growth • Leverage arts community, ECA for economic impact • Leverage telecommunications/technology assets • Plan and implement infrastructure improvements • Work with property owners and developers to pursue appropriate redevelopment, including hospitality, in key locations, such as Hwy 99, Westgate, Downtown fringe • Expand and enhance tourism • Senior and more affluent households provide potential for capturing more spending locally Mr. Doherty reviewed Economic Development Goals and Policies: • Goal A: Foster a healthy business community that encourages appropriately scaled growth and investment that offers a wide range of goods and services, provides employment, and enhances municipal revenue. o Policies A1-A9 promote the following:  Business-friendly regulatory environment  Business recruitment  Business retention and expansion  Local purchasing policies  Local business promotion campaigns  Emerging business sector – artisanal and specialty mfg.  Partnership with business orgs, leaders Packet Page 7 of 280  Ferry traffic-related business opportunities  Greater energy efficiency that can free up discretionary income • Goal B: Revitalize and enhance the city’s business districts, balancing the needs for housing, commerce and employment development with neighborhood character, amenities and scale. o Policies B1-B11 promote the following:  Regulations supporting compatible redevelopment  Monitor and right-size parking requirements  Regulations encouraging redevelopment in key locations  Enhance vitality of Downtown; monitor & support BID  Explore potential of other BIDs  Maximize synergy and impact of ECA and Downtown  Historic preservation  Brand and promote business districts  Work with property owners, developers on key properties  Regulations supporting viable commercial space  Infrastructure and tech improvements to support businesses • Goal C. Diversify and grow the city’s economic make-up to reduce sales leakage, attract spending from nearby communities, enhance local employment, and increase municipal tax revenues to support local services. o Policies C1-C6 promote the following:  Growth of under-represented sectors to meet unmet demand  Leverage technology assets  Recruitment and “buy local” to stem retail leakage  Attract consumer spending from beyond Edmonds  Incentives for appropriate redevelopment  Longer business hours and/or evening uses to capture more peak-hours spending • Goal D: Support and enhance the community’s quality of life for residents, workers and visitors in order to sustain and attract business and investment, and enhance economic vitality. o Policies D1-D5 promote the following:  Provide diverse, affordable housing supply  Culture that respects diversity as progressive community where businesses wish to locate  Social, cultural, artistic, recreational & education opportunities  Communicate with public re: economic vitality  Integrate economic development with environment, culture, social equity, etc. • Goal E: Expand and enhance the tourism sector to attract outside spending to help fuel the local economy. o Policies E1-E7 promote the following:  Support for events, festivals  Support for arts/culture sector  Support for sports, nature, outdoor events/activities  Strategic use of marketing to attract visitors  Market Downtown as year-round destination  Support tourism infrastructure  Enhance hospitality infrastructure Mr. Doherty explained the Implementation section discusses measures, resources and programs that can implement the various Goals and Policies, including: • Staff support, outreach and activities • Legislative actions • City expenditures • Activities and programs by Port of Edmonds Packet Page 8 of 280 • Programs by Edmonds Community College • Collaborative efforts between Chamber, City and others Strategic Action Plan (SAP): • Strategic Objective #1 states: “create economic health, vitality and sustainability.” • 22 of the 88 action items in the Council-approved SAP relate directly to economic development • Council will be presented an implementation package for the SAP in March • Several action items are complete; many on-going • Other action items span short (3-5 years) and long terms (5-10+ years) With regard to a performance measure, Mr. Doherty explained the success of economic development efforts is difficult to pinpoint and measure. Economic growth or decline may be more tied to regional and national economic cycles than a city’s efforts. Nevertheless, progress can be measured to some degree. As one of the two most basic performance measures, staff intends to track and measure employment. Annual employment growth (or decline) is trackable via State and US census data. In addition, since Snohomish County growth targets have assigned 2,269 new jobs to Edmonds for the planning horizon of 2035, we can measure employment both in absolute terms and in relation to this target. Ms. Hope reviewed new steps: • Public hearing tonight on the draft Economic Development Element • February 24 City Council Study session on draft Economic Development Element • February 25 open house, 5 to 7 p.m., Brackett Room, City Hall • Continued work and public meetings on various draft Comprehensive Plan elements • Refinement of draft language on all elements • Public hearing on full draft Comprehensive Plan update scheduled for June • Final adoption mid-2015 Councilmember Mesaros referred to the growth target of 2,269 jobs by 2035. If the City currently has 13,000 jobs, that represents a 20% growth in the next 20 years. He asked whether that growth target seemed reasonable and how the number was determined. Ms. Hope answered these numbers are from PSRC estimates, there has been a lot of background work done followed by an allocation process whereby each city and county takes their share based on population size. The targets are approximation of what the City should plan for. Mr. Doherty added PSRC looks at the City’s track record and tries to improve it a little. Councilmember Buckshnis observed some of the SAP has been incorporated in the goals and policies. Mr. Doherty responded the SAP is an implementation measure; everything in the SAP has a home goal in the document. Councilmember Petso thanked Mr. Doherty for responding to her email, noting some of the concepts were incorporated into the presentation. She expressed concern with the statement, “Large numbers of workers who commute to Edmonds create demand for affordable housing.” She suggested it may be better to acknowledge the high property values create a problem rather a large number of people commuting to Edmonds for work. She expressed appreciation for the response to political questions and suggested revising certain buzz words and possibly asking the City Attorney about the appropriateness of comingling economic policy and government in the Comprehensive Plan. Councilmember Petso relayed a question that arose in one of the candidate interviews, whether the City has considered building on parks and other open space. Mr. Doherty said certainly not parks; sometimes a neighborhood considers a vacant lot as open space. For example the vacant lot adjacent to the carwash on Edmonds Way; although not open space by definition, some neighbors may consider it open space and do Packet Page 9 of 280 not want it to be developed. Infill development recognizes opportunities in an existing built environment on vacant or under-developed properties for development that is appropriately scaled and respectful of the character of an existing neighborhood. Councilmember Petso referred to the phrase, “downtown fringe” in the presentation which she did not see in the document. She suggested using downtown fringe to differentiate from the downtown core. Next, Councilmember Petso recalled a suggestion for an Economic Development Commissioner to include the flower program as a strength. Mr. Doherty explained Commissioners had many suggestions; he attempted to augment the statements about the aesthetic nature without including specifics. The Council could amend the statement about amenities to include the flower program. Councilmember Bloom referred to the second sentence in Policy B4 “Monitor and enhance the Edmonds Downtown Business Improvement District in its efforts to fund business promotion, marketing, improvement projects, beautification, etc.” She questioned the point of including that in the Economic Development Element when the Council is doing that in the work plan every year. Mr. Doherty answered that was already referenced in the existing document. In addition, policies in the elements often support language in the code; a requirement in the BID ordinance does not negate an overarching policy. If the Council found it entirely redundant, the language could be modified. Councilmember Bloom saw it as redundancy particularly since there is controversy associated with the BID and it will be several years before this document is updated again. Mr. Doherty noted the City has the opportunity to update the Comprehensive Plan annually. If the Council made a significant change to the BID, the Comprehensive Plan policies likely would also be updated. Councilmember Bloom reiterated her opinion that it was redundant. Councilmember Bloom referred to policy B5, “Explore the potential of additional Business Improvement Districts in other commercial areas to help fund business promotion, marketing, improvement projects, beautification, etc., in a sustainable fashion,” noting the BID was supposed to have been brought forward by 60% of the businesses owners in the district but ended up being formed in a different way. She was opposed to including language in the Economic Development Element that the Council and the City will explore potential of additional BIDs and preferred it be left to the business owners. She suggested eliminating that language as the formation of a BID should come from business owners not the Council. Councilmember Bloom pointed out there the element does not mention development of a year-round market which is a huge potential draw. A year-round market is in the SAP and the Capital Improvement Plan and should be included in this element. Mayor Earling opened the public participation portion of the public hearing. There was no one present who wished to provide testimony and Mayor Earling closed the public participation portion of the public hearing. Mayor Earling declared a 15-minute break. Mayor Earling left the meeting at 7:44 p.m. 7. CONTINUATION OF INTERVIEWS FOR COUNCIL POSITION #2 VACANCY The Council interviewed the following candidates for City Council Position #2 vacancy: • Stephen Clifton • Neil Tibbott • Mario Brown • David L. Teitzel • Adam Cornell • Alvin Rutledge Packet Page 10 of 280 8. ADJOURN With no further business, the Council meeting was adjourned at 11:00 p.m. Packet Page 11 of 280    AM-7511     4. B.              City Council Meeting Meeting Date:02/24/2015 Time:Consent   Submitted For:Scott James Submitted By:Nori Jacobson Department:Finance Review Committee: Committee Action:  Type: Action  Information Subject Title Approval of claim checks #212946 through #213004 dated February 19, 2015 for $99,966.33. Approval of payroll direct deposit and checks #61502 through #61511 for $465,060.76, benefit checks #61512 through #61518 and wire payments of $516,891.19 for the pay period February 1, 2015 through February 15, 2015. Recommendation Approval of claim, payroll and benefit direct deposit, checks and wire payments. Previous Council Action 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 expenditures. Fiscal Impact Fiscal Year:2015 Revenue: Expenditure:1,081,918.28 Fiscal Impact: Claims $99,966.33 Payroll Employee checks and direct deposit $465,060.76 Payroll Benefit checks and wire payments $516,891.19 Total Payroll $981,951.95 Attachments Claim cks 02-19-15 Project Numbers 02-19-15 Payroll Summary 02-15-15 Packet Page 12 of 280 Payroll Benefit 02-15-15 Form Review Inbox Reviewed By Date Finance Scott James 02/19/2015 01:30 PM City Clerk Scott Passey 02/19/2015 01:34 PM Mayor Dave Earling 02/19/2015 02:48 PM Finalize for Agenda Scott Passey 02/19/2015 02:51 PM Form Started By: Nori Jacobson Started On: 02/19/2015 12:06 PM Final Approval Date: 02/19/2015  Packet Page 13 of 280 02/19/2015 Voucher List City of Edmonds 1 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212946 2/19/2015 065052 AARD PEST CONTROL 345972 WWTP - PEST CONTROL February Service 423.000.76.535.80.41.23 73.00 9.5% Sales Tax 423.000.76.535.80.41.23 6.94 Total :79.94 212947 2/19/2015 072189 ACCESS 0884725 SHRED COURT PAPERS SHRED COURT PAPERS 001.000.23.523.30.49.00 60.00 Total :60.00 212948 2/19/2015 068657 ACCOUNTEMPS 42334269 TEMPORARY HELP WEEK ENDING 2/06/15 Temporary help week ending 02/06/15 - C 001.000.31.514.23.41.00 1,406.08 Total :1,406.08 212949 2/19/2015 001375 AMERICAN PLANNING ASSOCIATION 115730-1514 APA AND AICP SHANE HOPE APA AND AICP SHANE HOPE 001.000.62.524.10.49.00 773.00 Total :773.00 212950 2/19/2015 069751 ARAMARK UNIFORM SERVICES 1987866027 WWTP - UNIFORMS, MATS & TOWELS uniforms 423.000.76.535.80.24.00 3.80 mats & towels 423.000.76.535.80.41.11 70.94 9.5% Sales Tax 423.000.76.535.80.24.00 0.36 9.5% Sales Tax 423.000.76.535.80.41.11 6.74 PARKS MAINT UNIFORM SERVICE1987866028 PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.24.00 56.23 1Page: Packet Page 14 of 280 02/19/2015 Voucher List City of Edmonds 2 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :138.072129502/19/2015 069751 069751 ARAMARK UNIFORM SERVICES 212951 2/19/2015 074031 BARTH, RUTH 19626 NO FEAR DRAW 19626 NO FEAR DRAWING INSTRUCTOR FEE 19626 NO FEAR DRAWING INSTRUCTOR FEE 001.000.64.571.22.41.00 473.73 Total :473.73 212952 2/19/2015 073760 BLUELINE GROUP LLC 9691 E3GA.E4JA.SERVICES THRU FEBRUARY 2015 E3GA.Services thru February 2015 423.000.75.594.35.41.30 171.00 E4JA.Services thru February 2015 421.000.74.594.34.41.10 9,352.50 Total :9,523.50 212953 2/19/2015 002500 BLUMENTHAL UNIFORMS & EQUIP 120170 INV#120170 - EDMONDS PD - BATTERIES ULTRA STINGER-20XP BATTERIES 001.000.41.521.22.31.00 59.85 9.5% Sales Tax 001.000.41.521.22.31.00 5.69 Total :65.54 212954 2/19/2015 067391 BRAT WEAR 14160 INV 14160 - EDMONDS PD - PLOEGER JUMPSUIT - PLOEGER 001.000.41.521.22.24.00 515.00 9.5% Sales Tax 001.000.41.521.22.24.00 48.93 INV 14161 EDMONSD PD - MOORE JUMPSUIT14161 JUMPSUIT - MEL MOORE 001.000.41.521.22.24.00 515.00 9.5% Sales Tax 001.000.41.521.22.24.00 48.93 Total :1,127.86 212955 2/19/2015 072005 BROCKMANN, KERRY 19514 PILATES YOGA 19514 PILATES YOGA FUSION INSTRUCTOR FEE 19514 PILATES YOGA FUSION INSTRUCTOR FEE 001.000.64.571.27.41.00 384.45 19526 HATHA YOGA INSTRUCTOR FEE19526 HATHA YOGA 2Page: Packet Page 15 of 280 02/19/2015 Voucher List City of Edmonds 3 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212955 2/19/2015 (Continued)072005 BROCKMANN, KERRY 19526 HATHA YOGA INSTRUCTOR FEE 001.000.64.571.27.41.00 206.55 19535 HATHA YOGA INSTRUCTOR FEE19535 HATHA YOGA 19535 HATHA YOGA INSTRUCTOR FEE 001.000.64.571.27.41.00 680.40 19538 HATHA YOGA INSTRUCTOR FEE19538 HATHA YOGA 19538 HATHA YOGA INSTRUCTOR FEE 001.000.64.571.27.41.00 294.30 Total :1,565.70 212956 2/19/2015 069295 BROWN, CANDY 19675 BACKYARD BIRDS 19675 BACKYARD BIRDS INSTRUCTOR FEE 19675 BACKYARD BIRDS INSTRUCTOR FEE 001.000.64.571.22.41.00 49.50 Total :49.50 212957 2/19/2015 074294 BROWN, TODD 19677 MASON BEES 19677 MASON BEES INSTRUCTOR FEE 19677 MASON BEES INSTRUCTOR FEE 001.000.64.571.22.41.00 82.50 Total :82.50 212958 2/19/2015 073029 CANON FINANCIAL SERVICES 14636400 C/A 572105 CONTRACT# 001-0572105-004 Finance dept copier contract charge 001.000.31.514.23.45.00 249.99 9.5% Sales Tax 001.000.31.514.23.45.00 23.75 Total :273.74 212959 2/19/2015 069457 CITY OF EDMONDS E4JB.ROW Permt E4JB.ROW PERMIT ENG20150040 E4JB.ROW Permit ENG20150040 421.000.74.594.34.41.10 205.00 Total :205.00 212960 2/19/2015 074255 COAL CREEK ENVIRONMENTAL ASSOC 120902-09 WWTP - PROFESSIONAL SERVICES Technical Assistance in Complying with 423.000.76.535.80.41.11 1,478.91 3Page: Packet Page 16 of 280 02/19/2015 Voucher List City of Edmonds 4 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,478.912129602/19/2015 074255 074255 COAL CREEK ENVIRONMENTAL ASSOC 212961 2/19/2015 005965 CUES INC 425403 E4FF.NEW CABLE TO RUN DUC DIGITAL CAMERA E4FF.New Cable to Run DUC Digital Camera 422.000.72.594.31.41.20 7,382.45 E4FF.Handling Charges 422.000.72.594.31.41.20 7.95 Freight 422.000.72.594.31.41.20 790.09 9.5% Sales Tax 422.000.72.594.31.41.20 777.15 E4FF.MATERIALS FOR DUC CAMERA426369 E4FF.Materials for DUC Camera~ 422.000.72.594.31.41.20 659.04 Freight 422.000.72.594.31.41.20 9.06 9.5% Sales Tax 422.000.72.594.31.41.20 63.47 Total :9,689.21 212962 2/19/2015 072700 CURVATURE LLC 503853 CISCO CATALYST ETHERNET SWITCH Cisco Catalyst 2960S 48 GIGE POE 001.000.31.518.88.35.00 2,514.11 Total :2,514.11 212963 2/19/2015 006200 DAILY JOURNAL OF COMMERCE 3296804 E5FB.RFQ ADVERTISEMENT E5FB.RFQ Advertisement 422.000.72.594.31.41.20 413.40 Total :413.40 212964 2/19/2015 064531 DINES, JEANNIE 15-3526 COUNCIL MINUTES 2/3/15 & 2/10/15 02/03/15 & 2/10/15 City Council 001.000.25.514.30.41.00 442.20 Total :442.20 212965 2/19/2015 074302 EDMONDS HARDWARE & PAINT LLC 000590 PM TAP & DRILL SET, TAP WRENCH 4Page: Packet Page 17 of 280 02/19/2015 Voucher List City of Edmonds 5 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212965 2/19/2015 (Continued)074302 EDMONDS HARDWARE & PAINT LLC PM TAP & DRILL SET, TAP WRENCH 001.000.64.576.80.31.00 15.98 9.5% Sales Tax 001.000.64.576.80.31.00 1.52 Total :17.50 212966 2/19/2015 008705 EDMONDS WATER DIVISION 1-00575 OLYMPIC BEACH SPRINKLER / METER 75832746 OLYMPIC BEACH SPRINKLER / METER 75832746 001.000.64.576.80.47.00 90.47 BRACKETT'S LANDING RESTROOM / METER 72851-00825 BRACKETT'S LANDING RESTROOM / METER 001.000.64.576.80.47.00 567.51 SPRINKLER 21 MAIN ST / METER 16191-00875 SPRINKLER 21 MAIN ST / METER 1619 001.000.64.576.80.47.00 37.77 SUNSET & CASPER SPRINKLER/ METER 27191-02125 SUNSET & CASPER SPRINKLER/ METER 2719 001.000.64.576.80.47.00 37.77 SPRINKLER 290 MAIN ST / METER 718703461-03710 SPRINKLER 290 MAIN ST / METER 71870346 001.000.64.576.80.47.00 37.77 SPRINKLER 290 DAYTON ST / METER 752275311-03900 SPRINKLER 290 DAYTON ST / METER 75227531 001.000.64.576.80.47.00 37.77 SPRINKLER 101 2ND AVE N / METER 75401-05125 SPRINKLER 101 2ND AVE N / METER 7540 001.000.64.576.80.47.00 37.77 SPRINKLER 102 W DAYTON ST / METER 7189251-05285 SPRINKLER 102 W DAYTON ST / METER 001.000.64.576.80.47.00 37.77 SPRINKLER 190 DAYTON ST / METER 16331-05340 SPRINKLER 190 DAYTON ST / METER 1633 001.000.64.576.80.47.00 37.77 CITY PARK SPRINKLER/ METER 714586761-05650 CITY PARK SPRINKLER/ METER 71458676 5Page: Packet Page 18 of 280 02/19/2015 Voucher List City of Edmonds 6 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212966 2/19/2015 (Continued)008705 EDMONDS WATER DIVISION 001.000.64.576.80.47.00 37.77 CITY PARK MAINTENANCE SHOP / METER 2701-05675 CITY PARK MAINTENANCE SHOP / METER 270 001.000.64.576.80.47.00 610.49 SPRINKLER @ 3RD/PINE / METER 719647871-05700 SPRINKLER @ 3RD/PINE / METER 71964787 001.000.64.576.80.47.00 37.77 SPRINKLER 350 MAIN ST / METER 699729491-09650 SPRINKLER 350 MAIN ST / METER 69972949 001.000.64.576.80.47.00 37.77 SPRINKLER 390 DAYTON ST / METER 320385471-09800 SPRINKLER 390 DAYTON ST / METER 32038547 001.000.64.576.80.47.00 37.77 FOUNTAIN 490 MAIN ST/METER 757614521-10778 FOUNTAIN 490 MAIN ST/METER 75761452 001.000.64.576.80.47.00 37.77 SPRINKLER 500 MAIN ST / METER 51621-10780 SPRINKLER 500 MAIN ST / METER 5162 001.000.64.576.80.47.00 37.77 SPRINKLER 439 5TH AVE S / METER 87291-16130 SPRINKLER 439 5TH AVE S / METER 8729 001.000.64.576.80.47.00 37.77 SPRINKLER 500 DAYTON ST / METER 699897051-16300 SPRINKLER 500 DAYTON ST / METER 69989705 001.000.64.576.80.47.00 37.77 LOG CABIN SPRINKLER / METER 699727311-16420 LOG CABIN SPRINKLER / METER 69972731 001.000.64.576.80.47.00 37.77 CENTENNIAL PLAZA SPRINKLER 150 5TH AVE1-16450 CENTENNIAL PLAZA SPRINKLER 150 5TH AVE 001.000.64.576.80.47.00 44.57 SPRINKLER 575 MAIN ST / METER 752139791-16630 SPRINKLER 575 MAIN ST / METER 75213979 001.000.64.576.80.47.00 37.77 SPRINKLER 590 DAYTON ST / METER 719650861-17475 6Page: Packet Page 19 of 280 02/19/2015 Voucher List City of Edmonds 7 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212966 2/19/2015 (Continued)008705 EDMONDS WATER DIVISION SPRINKLER 590 DAYTON ST / METER 71965086 001.000.64.576.80.47.00 37.77 PINE STREET PLAYFIELD / METER 61631-19950 PINE STREET PLAYFIELD / METER 6163 001.000.64.576.80.47.00 73.91 SPRINKLER 1141 9TH AVE S / METER 32858301-36255 SPRINKLER 1141 9TH AVE S / METER 001.000.64.576.80.47.00 37.77 HICKMAN PARK STORM DRAIN, UTILITY TAX8-40000 HICKMAN PARK STORM DRAIN, UTILITY TAX 001.000.64.576.80.47.00 947.14 Total :3,051.72 212967 2/19/2015 075136 ENVIRONMENTAL SCIENCE ASSOC 112532 CRITICAL AREAS UPDATE CONSULTANT CRITICAL AREAS UPDATE CONSULTANT 001.000.62.558.60.41.00 4,938.50 Total :4,938.50 212968 2/19/2015 009350 EVERETT DAILY HERALD EDH613546 CITY APPLICATIONS LEGAL ADS- EVERETT HER CITY APPLICATIONS LEGAL ADS- EVERETT 001.000.62.558.60.41.40 58.48 E5JA.RFQ ADVERTISEMENTEDH613726 E5JA.RFQ Advertisement 421.000.74.594.34.41.10 89.44 DRAFT ECONOMIC DEV. 2/17 PUBLIC HEARINGEDH614109 DRAFT ECONOMIC DEV. 2/17 PUBLIC HEARING 001.000.25.514.30.41.40 37.84 Total :185.76 212969 2/19/2015 009410 EVERETT STEEL INC 81224 PM FISHING PIER WATER LINE PM FISHING PIER WATER LINE 001.000.64.576.80.31.00 660.90 9.5% Sales Tax 001.000.64.576.80.31.00 62.79 7Page: Packet Page 20 of 280 02/19/2015 Voucher List City of Edmonds 8 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :723.692129692/19/2015 009410 009410 EVERETT STEEL INC 212970 2/19/2015 071026 FASTSIGNS OF LYNNWOOD 443 16020 CORNER PARK TAGS CORNER PARK TAGS 127.000.64.575.50.31.00 102.00 9.5% Sales Tax 127.000.64.575.50.31.00 9.69 Total :111.69 212971 2/19/2015 012560 HACH COMPANY 9231649 WWTP - REPAIR/MAINTENANCE, LAB pH gel probe 423.000.76.535.80.48.31 254.00 Freight 423.000.76.535.80.48.31 30.89 9.5% Sales Tax 423.000.76.535.80.48.31 27.07 Total :311.96 212972 2/19/2015 075133 HERRIN, NICOLE BID-2015-02-07 ADMINISTRATIVE AND WEB SERVICES Administrative and web services 140.000.61.558.70.41.00 535.00 Total :535.00 212973 2/19/2015 067862 HOME DEPOT CREDIT SERVICES 1023050 Fac Maint - Unit 95 Supplies Fac Maint - Unit 95 Supplies 001.000.66.518.30.31.00 87.87 9.5% Sales Tax 001.000.66.518.30.31.00 8.35 City Park - Supplies1024167 City Park - Supplies 001.000.66.518.30.31.00 78.98 9.5% Sales Tax 001.000.66.518.30.31.00 7.50 Fac Maint - Unit 95 - Supplies2011611 Fac Maint - Unit 95 - Supplies 001.000.66.518.30.31.00 40.88 8Page: Packet Page 21 of 280 02/19/2015 Voucher List City of Edmonds 9 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212973 2/19/2015 (Continued)067862 HOME DEPOT CREDIT SERVICES 9.5% Sales Tax 001.000.66.518.30.31.00 3.88 Fac Maint - Shop Supplies2022975 Fac Maint - Shop Supplies 001.000.66.518.30.31.00 153.58 9.5% Sales Tax 001.000.66.518.30.31.00 14.59 Traffic- Supplies2024057 Traffic- Supplies 111.000.68.542.64.31.00 70.78 9.5% Sales Tax 111.000.68.542.64.31.00 6.72 Fac Maint Shop Supplies2024116 Fac Maint Shop Supplies 001.000.66.518.30.31.00 46.99 9.5% Sales Tax 001.000.66.518.30.31.00 4.46 Fac Maint - Unit 26 & Shop Supplies23167 Fac Maint - Unit 26 & Shop Supplies 001.000.66.518.30.31.00 44.85 9.5% Sales Tax 001.000.66.518.30.31.00 4.26 City Hall - Supplies23198 City Hall - Supplies 001.000.66.518.30.31.00 91.73 9.5% Sales Tax 001.000.66.518.30.31.00 8.71 Fac Maint - Shop Supplies23216 Fac Maint - Shop Supplies 001.000.66.518.30.31.00 56.98 9.5% Sales Tax 001.000.66.518.30.31.00 5.41 Yost Pool - Supplies3023970 Yost Pool - Supplies 9Page: Packet Page 22 of 280 02/19/2015 Voucher List City of Edmonds 10 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212973 2/19/2015 (Continued)067862 HOME DEPOT CREDIT SERVICES 001.000.66.518.30.31.00 51.99 9.5% Sales Tax 001.000.66.518.30.31.00 4.94 Fac Maint Shop Supplies4021851 Fac Maint Shop Supplies 001.000.66.518.30.31.00 28.25 9.5% Sales Tax 001.000.66.518.30.31.00 2.68 FAC - Supplies4023881 FAC - Supplies 001.000.66.518.30.31.00 6.98 9.5% Sales Tax 001.000.66.518.30.31.00 0.66 Traffic - Supplies5594874 Traffic - Supplies 111.000.68.542.64.31.00 14.28 9.5% Sales Tax 111.000.68.542.64.31.00 1.36 PS - Supplies6022543 PS - Supplies 001.000.66.518.30.31.00 65.62 9.5% Sales Tax 001.000.66.518.30.31.00 6.23 Fac Maint - Supplies6022549 Fac Maint - Supplies 001.000.66.518.30.31.00 6.98 9.5% Sales Tax 001.000.66.518.30.31.00 0.66 PS - Boiler Parts6080674 PS - Boiler Parts 001.000.66.518.30.31.00 20.50 9.5% Sales Tax 001.000.66.518.30.31.00 1.95 PS - Returns6253950 10Page: Packet Page 23 of 280 02/19/2015 Voucher List City of Edmonds 11 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212973 2/19/2015 (Continued)067862 HOME DEPOT CREDIT SERVICES PS - Returns 001.000.66.518.30.31.00 -31.08 9.5% Sales Tax 001.000.66.518.30.31.00 -2.94 Traffic - Supplies7010077 Traffic - Supplies 111.000.68.542.64.31.00 40.94 9.5% Sales Tax 111.000.68.542.64.31.00 3.89 City Hall - Supplies7012132 City Hall - Supplies 001.000.66.518.30.31.00 15.98 9.5% Sales Tax 001.000.66.518.30.31.00 1.52 PS - Hooks7022444 PS - Hooks 001.000.66.518.30.31.00 3.96 Fac Maint - Supplies 001.000.66.518.30.31.00 92.81 9.5% Sales Tax 001.000.66.518.30.31.00 9.19 Fac Maint - CAT Dig Multimeter8022324 Fac Maint - CAT Dig Multimeter 001.000.66.518.30.35.00 48.97 9.5% Sales Tax 001.000.66.518.30.35.00 4.65 Fac Maint - Unit 26 - Supplies8024484 Fac Maint - Unit 26 - Supplies 001.000.66.518.30.31.00 23.22 9.5% Sales Tax 001.000.66.518.30.31.00 2.21 Sewer - Supplies8573672 Sewer - Supplies 423.000.75.535.80.31.00 6.97 11Page: Packet Page 24 of 280 02/19/2015 Voucher List City of Edmonds 12 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212973 2/19/2015 (Continued)067862 HOME DEPOT CREDIT SERVICES 9.5% Sales Tax 423.000.75.535.80.31.00 0.66 FAC - Door Stopers8613130 FAC - Door Stopers 001.000.66.518.30.31.00 43.34 9.5% Sales Tax 001.000.66.518.30.31.00 4.12 Water Supplies9080395 Water Supplies 421.000.74.534.80.31.00 11.16 9.5% Sales Tax 421.000.74.534.80.31.00 1.06 Total :1,230.23 212974 2/19/2015 073548 INDOFF INCORPORATED 2581706 TYPEWRITER RIBBONS Dataproducts R7300 Typewriter ribbons - 001.000.31.514.23.31.00 13.77 9.5% Sales Tax 001.000.31.514.23.31.00 1.31 Office Supplies2582659 Office Supplies 001.000.22.518.10.31.00 72.26 9.5% Sales Tax 001.000.22.518.10.31.00 6.86 AVERY PHOTO PAGE (OFFICE SUPPLIES) ENG2582692 AVERY PHOTO PAGE (OFFICE SUPPLIES) ENG 001.000.62.524.10.31.00 97.67 AVERY MAILING LABELS2583198 Avery Mailing Labels 7500/box 001.000.31.514.23.31.00 74.99 9.5% Sales Tax 001.000.31.514.23.31.00 7.12 Total :273.98 212975 2/19/2015 071634 INTEGRA TELECOM 12740472 C/A 768328 12Page: Packet Page 25 of 280 02/19/2015 Voucher List City of Edmonds 13 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212975 2/19/2015 (Continued)071634 INTEGRA TELECOM PR1-1 & 2 City Phone Service 001.000.31.518.88.42.00 907.21 Tourism Toll free lines 877.775.6929; 001.000.61.558.70.42.00 6.46 Econ Devlpmnt Toll free lines 001.000.61.558.70.42.00 6.56 Total :920.23 212976 2/19/2015 070250 IRON MOUNTAIN 200540483 01-15 OFF SITE DATA STORAGE SERVICES Jan-2015 Off site data storage services 001.000.31.518.88.41.00 265.41 Total :265.41 212977 2/19/2015 068677 KONECRANES AMERICA INC SEA00981079 WWTP - ANSI INSPECTION annual inspection 423.000.76.535.80.41.11 778.00 9.5% Sales Tax 423.000.76.535.80.41.11 73.91 Total :851.91 212978 2/19/2015 017050 KWICK'N KLEEN CAR WASH 02062015-01 INV#02062015-01 - EDMONDS PD 23 CAR WASHES $5.03(INC TX) 1/15 001.000.41.521.22.48.00 115.69 Total :115.69 212979 2/19/2015 017135 LANDAU ASSOCIATES INC 34602 E3FH.SERVICES THRU 1/31/15 E3FH.Services thru 1/31/15 422.000.72.594.31.41.20 1,733.00 Total :1,733.00 212980 2/19/2015 074749 LARSON, KELLIE 19588 ART START 19588 ART START INSTRUCTOR FEE 19588 ART START INSTRUCTOR FEE 001.000.64.571.22.41.00 323.30 Total :323.30 212981 2/19/2015 018980 LYNNWOOD HONDA 901174 PM PARTS: ECHOMAT, SHIELD, ARM 13Page: Packet Page 26 of 280 02/19/2015 Voucher List City of Edmonds 14 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212981 2/19/2015 (Continued)018980 LYNNWOOD HONDA PM PARTS: ECHOMAT, SHIELD, ARM 001.000.64.576.80.31.00 73.63 9.5% Sales Tax 001.000.64.576.80.31.00 6.99 PM PARTS: SPRAYER901181 PM AUTO PART SPRAYER 001.000.64.576.80.31.00 139.98 9.5% Sales Tax 001.000.64.576.80.31.00 13.30 Total :233.90 212982 2/19/2015 074099 MARTIN, GARY 1/22 YOGA INSTRUCTOR 1/22 YOGA INSTRUCTOR FEE 1/22 YOGA INSTRUCTOR FEE 001.000.64.571.27.41.00 56.70 Total :56.70 212983 2/19/2015 020120 MEB MANUFACTURING CO 28253 WWTP - REPAIR/MAINTENANCE, MECHANICAL Stub nuts 423.000.76.535.80.48.21 217.15 9.2% Sales Tax 423.000.76.535.80.48.21 19.98 WWTP - REPAIR/MAINTENANCE, MECHANICAL28366 threaded nuts 423.000.76.535.80.48.21 1,211.22 9.2% Sales Tax 423.000.76.535.80.48.21 111.43 Total :1,559.78 212984 2/19/2015 063773 MICROFLEX 00022271 01-15 TAX AUDIT PROGRAM TAX AUDIT PROGRAM 001.000.31.514.23.41.00 166.16 Total :166.16 212985 2/19/2015 020900 MILLERS EQUIP & RENT ALL INC 205045 PM AIR FILTER, BLOWER SERVICE KIT PM AIR FILTER, BLOWER SERVICE KIT 14Page: Packet Page 27 of 280 02/19/2015 Voucher List City of Edmonds 15 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212985 2/19/2015 (Continued)020900 MILLERS EQUIP & RENT ALL INC 001.000.64.576.80.31.00 47.92 9.5% Sales Tax 001.000.64.576.80.31.00 4.55 Total :52.47 212986 2/19/2015 068662 MINNIHAN, TERRY 11 LEOFF 1 Medical Reimbursement LEOFF 1 Medical Reimbursement 009.000.39.517.20.23.00 2,784.22 Total :2,784.22 212987 2/19/2015 061013 NORTHWEST CASCADE INC 2-1130624 CIVIC FIELD HONEY BUCKET CIVIC FIELD HONEY BUCKET 001.000.64.576.80.45.00 113.85 Total :113.85 212988 2/19/2015 063511 OFFICE MAX INC 144816 2 SIGNATURE STAMPS 2 SIGNATURE STAMPS 001.000.23.512.50.31.00 101.73 520437 P&R FILES, PEN439660 OFFICE SUPPLIES: FOLDERS AND PEN 001.000.64.571.21.31.00 13.35 9.5% Sales Tax 001.000.64.571.21.31.00 1.27 P&R WINDEX468750 P&R WINDEX 001.000.64.571.21.31.00 4.92 9.5% Sales Tax 001.000.64.571.21.31.00 0.46 P&R LIQUID PAPER468922 P&R LIQUID PAPER 001.000.64.571.21.31.00 7.21 9.5% Sales Tax 001.000.64.571.21.31.00 0.68 Total :129.62 15Page: Packet Page 28 of 280 02/19/2015 Voucher List City of Edmonds 16 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212989 2/19/2015 074557 OFFICER SURVIAL INITIATIVE 2015-340 INV 2015-340 EDMONDS PD HALO CHEST SEALS 001.000.41.521.40.31.00 125.65 COMBAT APPLICATION TOURNIQUETS 001.000.41.521.40.31.00 89.64 PATROL FIRST AID KIDS 001.000.41.521.40.31.00 978.74 9.5% Sales Tax 001.000.41.521.40.31.00 113.43 Total :1,307.46 212990 2/19/2015 063951 PERTEET ENGINEERING INC 20140026.001-5 E2FB/E4FA.SERVICES THRU 02/01/15 E2FB.Services thru 02/01/15 422.000.72.594.31.41.20 477.78 E4FA.Services thru 02/01/15 422.000.72.594.31.41.20 345.97 Total :823.75 212991 2/19/2015 071911 PROTZ, MARGARET 19561 FELDENKRAIS 19561 FELDENKRAIS INSTRUCTOR FEE 19561 FELDENKRAIS INSTRUCTOR FEE 001.000.64.571.27.41.00 396.00 19564 FELDENKRAIS INSTRUCTOR FEE19564 FELDENKRAIS 19564 FELDENKRAIS INSTRUCTOR FEE 001.000.64.571.27.41.00 528.50 Total :924.50 212992 2/19/2015 037225 SCCFOA 2015 Dues 2015 ANNUAL DUES dues for city clerk & deputy city clerk 001.000.25.514.30.49.00 50.00 Total :50.00 212993 2/19/2015 067262 SENIOR SOFTBALL USA LEAGUES 1894 SENIOR 55 + AND 40 + SOFTBALLS SENIOR 55 + AND 40 + SOFTBALLS 001.000.64.571.25.31.00 356.50 Sales Tax 001.000.64.571.25.31.00 33.50 16Page: Packet Page 29 of 280 02/19/2015 Voucher List City of Edmonds 17 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :390.002129932/19/2015 067262 067262 SENIOR SOFTBALL USA LEAGUES 212994 2/19/2015 074906 SITE WORKSHOP LLC 3612 CITY PARK SPRAY & PLAY LANDSCAPE ARCHITE CITY PARK SPRAY & PLAY LANDSCAPE 132.000.64.594.76.41.00 7,293.60 Total :7,293.60 212995 2/19/2015 037375 SNO CO PUD NO 1 2002-6027-1 YOST POOL YOST POOL 001.000.64.576.80.47.00 1,137.49 SIERRA PARK IRRIGATION 8100 190TH ST SW2025-4064-7 SIERRA PARK IRRIGATION 8100 190TH ST SW 001.000.64.576.80.47.00 32.86 Total :1,170.35 212996 2/19/2015 038300 SOUND DISPOSAL CO 104757 WWTP 200 2ND AVE S / ASH DISPOSAL WWTP 200 2ND AVE S / ASH DISPOSAL 423.000.76.535.80.47.65 3,843.15 Total :3,843.15 212997 2/19/2015 063939 TYLER TECHNOLOGIES INC 045-126617 ADVANCED BUDGETING CONVERSION SERVICES EDEN Advanced Budgeting Conversion 001.000.31.518.88.41.00 225.00 EDEN Advanced Budgeting Conversion 001.000.31.514.23.41.00 225.00 ADVANCED BUDGETING TRAINING045-127226 EDEN Advanced Budgeting Training 001.000.31.518.88.41.00 2,444.71 EDEN Advanced Budgeting Training 001.000.31.514.23.41.00 2,444.70 Total :5,339.41 212998 2/19/2015 062693 US BANK 0108 INV#0108 02/06/15 - THOMPSON - EDMONDS P HON HIGH BACK CHAIR (HAWLEY) 001.000.41.521.21.31.00 317.96 ERGONOMIC KEYBOARD (FROLAND) 001.000.41.521.21.31.00 32.80 17Page: Packet Page 30 of 280 02/19/2015 Voucher List City of Edmonds 18 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212998 2/19/2015 (Continued)062693 US BANK CD-R RECORDABLE DISCS 001.000.41.521.21.31.00 93.90 Advertising- Sesonal PT Ranger0378 Advertising- Sesonal PT Ranger 001.000.22.518.10.41.40 25.00 Office Supplies- business card holder 001.000.22.518.10.31.00 30.05 Police Sergeant Assesment Center Lunches 001.000.22.518.10.49.00 182.68 Advertising-Seasonal PT Ranger 001.000.22.518.10.41.40 10.00 WWTP - JANUARY 2015 CC2985 mist eliminator replacement 423.000.76.535.80.48.21 205.16 mdf and interior trim - bath shelving 423.100.76.594.39.65.10 136.83 Operator Examination - Jonathon Jones 423.000.76.535.80.49.71 93.00 PUMPS 101 - Brian Funk 02/11/15 423.000.76.535.80.49.71 185.00 PUMPS 101 - Eric Duenas 02/11/15 423.000.76.535.80.49.71 185.00 Operator Cert. Exam Prep - Jeanne 423.000.76.535.80.49.71 280.00 PUMPS 101 - Jonathan Jones Thomas 423.000.76.535.80.49.71 185.00 9.5% Sales Tax 423.100.76.594.39.65.10 12.99 POSTAGE FOR PASSPORTS3249 POSTAGE FOR PASSPORTS 001.000.23.512.50.42.00 20.20 RIBBON FOR SET-UP FOR JUDGE'S SWEARING 001.000.23.512.50.31.00 5.42 NEW KEYBOARD FOR JOAN'S COMPUTER 18Page: Packet Page 31 of 280 02/19/2015 Voucher List City of Edmonds 19 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212998 2/19/2015 (Continued)062693 US BANK 001.000.23.512.50.35.00 53.98 FUNITURE FOR PROBATION OFFICE 001.000.23.523.30.49.00 743.51 POSTAGE FOR PASSPORTS 001.000.23.512.50.42.00 30.30 JUDICAL COLLEGE HOTEL COST 001.000.23.512.50.43.00 876.70 POSTAGE FOR PASSPORTS 001.000.23.512.50.42.00 80.80 INV#3314 - LAWLESS - EDMONDS PD3314 TRIDENT SIGHTING TARGETS 628.000.41.521.23.31.00 32.77 CASES FOR ED SCHOOL DIST KEYS 001.000.41.521.22.31.00 17.50 FBINAA DUES - LAWLESS 001.000.41.521.10.49.00 90.00 IACP MEMBERSHIP DUES 001.000.41.521.10.49.00 170.00 Storm - Work Coveralls3355 Storm - Work Coveralls 422.000.72.531.90.24.00 95.95 Refreshments for Strom Peterson's3389 Refreshments for Strom Peterson's 001.000.11.511.60.31.00 91.72 IMS - Fac Maint - E Matthews Member Fees3405 IMS - Fac Maint - E Matthews Member Fees 001.000.66.518.30.49.00 85.00 MI Controls - Class for E Matthews 001.000.66.518.30.49.00 95.00 MI Controls - Class for E Matthews ( 001.000.66.518.30.49.00 95.00 Rockler - Supplies 001.000.66.518.30.31.00 5.46 Guardian - Old PW 19Page: Packet Page 32 of 280 02/19/2015 Voucher List City of Edmonds 20 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212998 2/19/2015 (Continued)062693 US BANK 001.000.66.518.30.48.00 55.00 NEEC - D Housler 001.000.66.518.30.31.00 65.00 DOMAIN NAME REGISTRATION, BINDER COMBS F3470 Bulkregister.com - Domain name 001.000.31.518.88.49.00 41.85 Bulkregister.com - reczone.org 001.000.31.518.88.49.00 13.95 Office Max/Office Depot - Binding combs 001.000.31.514.23.31.00 5.28 INV#3520 02/06/15 - TRAINING 2 - EDMONDS3520 FEDEX CHG #15-0038 001.000.41.521.10.42.00 15.56 FEDEX CHG #14-4276,5203 001.000.41.521.10.42.00 15.67 GEAR FOR DT INSTRUCTOR CLASS 001.000.41.521.22.31.00 43.78 REG. NAMOA - ROTH 001.000.41.521.40.49.00 150.00 REG. NAMOA - FALK 001.000.41.521.40.49.00 150.00 REG. NAMOA - HARBINSON 001.000.41.521.40.49.00 150.00 Green River - WETRC - Water Class - P3546 Green River - WETRC - Water Class - P 421.000.74.534.80.49.00 185.00 Calendars - Calendars for PW 001.000.65.518.20.31.00 19.53 Protect - Sewer - Computer cover 423.000.75.535.80.31.00 60.95 NWA HIGHSCHOOL: HEALTH & FITNESS AD ON4675 NWA HIGHSCHOOL: HEALTH & FITNESS AD ON 001.000.64.571.22.41.40 250.00 RUBBERSTAMPS.NET: RUBBER STAMP FOR YOST 20Page: Packet Page 33 of 280 02/19/2015 Voucher List City of Edmonds 21 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212998 2/19/2015 (Continued)062693 US BANK 001.000.64.571.23.31.00 24.85 ACORN NATURALISTS: KRILL GAME, 001.000.64.571.23.31.00 61.10 BANNERS.COM: BANNER FOR OLYMPIC BEACH 001.000.64.571.23.31.00 48.16 LOVEMAINELOBSTER.COM: TWO NEW WHEELS 001.000.64.571.23.31.00 78.00 ORIENTAL TRADING: DADDY DAUGHTER DANCE 001.000.64.571.23.31.00 38.99 DISPLAY & COSTUME: BIRTHDAY PARTY 001.000.64.571.28.31.00 181.19 EVENTBRITE: FLOWER & GARDEN SHOW TICKETS 001.000.64.576.80.49.00 71.96 AMAZON.COM: BALANCE TRAINER 001.000.64.571.28.31.00 179.98 FLAGHOUSE: GYMNASTICS INSTANT COLD PACKS 001.000.64.571.28.31.00 18.50 ETSY: BATMAN BAT SIGNAL RUBBER STAMP 001.000.64.571.28.31.00 15.50 NORBERTS: GYMNASTICS SUPPLIES 001.000.64.571.28.31.00 183.00 NORBERTS: GYMNASTICS MINOR EQUIPMENT 001.000.64.571.28.35.00 565.10 AMAZON.COM: STAMPS AND INK FOR ALL 001.000.64.571.28.31.00 122.25 FLAGHOUSE: GYMNASTICS FLYWEIGHT BALL 001.000.64.571.28.31.00 44.03 OFFICE SUPPLIES4697 alpha tabs 001.000.21.513.10.31.00 12.99 1.5v button cell battery 001.000.21.513.10.31.00 5.45 frame 001.000.21.513.10.31.00 14.07 21Page: Packet Page 34 of 280 02/19/2015 Voucher List City of Edmonds 22 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212998 2/19/2015 (Continued)062693 US BANK shipping & handling fees 001.000.21.513.10.31.00 8.33 bottled water 001.000.21.513.10.31.00 7.99 shipping fees 001.000.21.513.10.31.00 4.95 certificate frames 001.000.21.513.10.31.00 8.78 2015 Chamber Banquet 001.000.21.513.10.49.00 50.00 literature holders 001.000.21.513.10.31.00 10.47 kleenex 001.000.21.513.10.31.00 10.99 delivery fees 001.000.21.513.10.31.00 9.95 frames & framing costs for retirement 001.000.21.513.10.41.00 240.00 brochure paper 001.000.21.513.10.31.00 15.99 wire file holders 001.000.21.513.10.31.00 9.98 waterproof labels 001.000.21.513.10.31.00 37.05 9.5% Sales Tax 001.000.21.513.10.31.00 12.38 9.5% Sales Tax 001.000.21.513.10.41.00 23.77 ASUS LED MONITORS, HP PRINTERS,5179 Newegg.com - Microsoft 3TJ-00001 Black 001.000.31.518.88.31.00 39.98 Newegg.com - Insten 675812 10 ft 1X 001.000.31.518.88.31.00 8.93 Newegg.com - Coboc model 22Page: Packet Page 35 of 280 02/19/2015 Voucher List City of Edmonds 23 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212998 2/19/2015 (Continued)062693 US BANK 001.000.31.518.88.31.00 27.31 FastSpring - SecureCRT 3 yr license 001.000.31.518.88.31.00 139.00 Newegg.com - ASUS VS Series VS228H-P 001.000.23.512.50.35.00 129.99 Newegg.com - ASUS VS Series VS228H-P 001.000.31.518.88.35.00 2,779.80 MailChimp - credits purchased for 001.000.31.518.88.49.00 200.00 HP M476NW CF385A LaserJet Pro Wireless 001.000.65.518.20.35.00 982.69 Newegg.com - 16Y286 Corrugated Loom 001.000.31.518.88.31.00 17.90 Link Depot HHSN-25-MF 25 ft HDMI high 001.000.31.518.88.31.00 23.59 ExpertsExchange.com - IT Solutions 001.000.31.518.88.49.00 19.95 QLUE Limited - Qlue Accordion for 001.000.31.518.88.49.00 17.44 Newegg.com - Tripp Lite N820-05M 16 ft 001.000.31.518.88.31.00 91.40 MEMBERSHIP, RECORDING FEES5593 International Institue of Municipal 001.000.25.514.30.49.00 120.00 Snohomish County Recording- Recording 421.000.74.534.80.49.00 132.00 Snohomish County Recording- Recording 423.000.75.535.80.49.00 132.00 RECORDING FEES5593 Misc recorded documents - City Clerk 001.000.25.514.30.49.00 91.00 Snohomish County Recording of Utility 421.000.74.534.80.49.00 160.00 Snohomish County Recording of Utility 23Page: Packet Page 36 of 280 02/19/2015 Voucher List City of Edmonds 24 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212998 2/19/2015 (Continued)062693 US BANK 423.000.75.535.80.49.00 160.00 PARKING, LODGING FOR DIRECTOR WHILE ATTE5923 Parking while attending meeting on 001.000.61.558.70.49.00 12.00 Lodging expense for Director Doherty 001.000.61.558.70.43.00 160.02 Final Facebook advertising from 12/31/14 001.000.61.558.70.41.40 259.13 2015 APA Membership Shane Hope6045 2015 APA Membership Shane Hope 001.000.62.524.10.49.00 730.00 Click 2 Mail 2015 Sewer Replacement - 423.000.75.594.35.41.30 65.56 Sabrent HS 10 Por 40 AMP Dual Car 001.000.62.558.60.49.00 56.73 Creative Cloud Indiv ALL MLP DSP Ret 001.000.62.558.60.49.00 54.74 Cell phone case for Henry - in Eng 001.000.67.532.20.49.00 25.67 Refreshments for Linda Ross retirements 001.000.22.518.10.49.00 16.00 Refreshments for Linda Ross Retirement7209 Refreshments for Linda Ross Retirement 001.000.22.518.10.49.00 29.98 Shane Hope CNU Membership 2015 001.000.62.524.10.49.00 195.00 INV#7476 02/06/15 - BARD - EDMONDS PD7476 MINDFLASH-MO FEE FOR ONLINE TRAINING 001.000.41.521.40.49.00 199.00 MIRANDA CARDS (PACKS) 001.000.41.521.22.31.00 54.57 SAFARILAND LEVEL 2 HOLSTERS 001.000.41.521.22.35.00 305.98 SNAGIT UPGRADE 24Page: Packet Page 37 of 280 02/19/2015 Voucher List City of Edmonds 25 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212998 2/19/2015 (Continued)062693 US BANK 001.000.41.521.40.49.00 27.32 PARKING NEW WORLD MTG 001.000.41.521.40.43.00 3.00 ACURITE HUMIDITY MONITOR 001.000.41.521.80.35.00 10.93 TOPAZ CAPTURE PAD 001.000.41.521.80.35.00 459.99 CABLE 001.000.41.521.80.31.00 39.64 REG. IAPE - MANDEVILLE 001.000.41.521.40.49.00 300.00 TLO SEARCHES 01/15 001.000.41.521.21.41.00 25.00 REG. IAPE - SCHEELE 001.000.41.521.40.49.00 350.00 REG. ALICE TRAINING-RICHARDSON 001.000.41.521.40.49.00 595.00 MAYOR'S MEETING7483 January Mayor's Meeting 001.000.21.513.10.49.00 12.00 February Mayor's Meeting 001.000.21.513.10.49.00 11.84 Jacobsen Marine - Unit M16 - Parts7492 Jacobsen Marine - Unit M16 - Parts 511.000.77.548.68.31.10 68.26 Fisheries Supplies - Unit M16 - Supplies 511.000.77.548.68.31.10 52.65 Fisheries Supplies - M16 - Supplies 511.000.77.548.68.31.10 167.60 Filters Fast - Supplies 511.000.77.548.68.31.10 44.94 Home Depot - Unit 17 - Supplies 511.000.77.548.68.31.10 3.42 LKQ - Unit eq100po - Floor Mats 25Page: Packet Page 38 of 280 02/19/2015 Voucher List City of Edmonds 26 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212998 2/19/2015 (Continued)062693 US BANK 511.100.77.594.48.64.00 93.08 Home Depot - Unit 21 - Supplies 511.000.77.548.68.31.10 18.00 ASAP Parts - Hot start 511.000.77.548.68.31.10 134.34 Truck Trails - Swat Bus Repairs 511.000.77.548.68.48.00 1,000.00 Shop pumps - Unit 46 - Service Kit 511.000.77.548.68.31.10 1,188.09 King Salmon - Supplies 511.000.77.548.68.31.10 55.78 ENG CREDIT CARD JANUARY 20158017 Schroder.2015 Water Storage Workshop 001.000.67.532.20.49.00 52.12 Piezometer Locking Plug 422.000.72.531.40.31.00 19.92 WFOA MEMBERSHIPS, GFOA WEBINAR8842 GFOA webinars for D Sharp - How to 001.000.31.514.23.49.00 170.00 WFOA Memberships - D Sharp & S Mager 001.000.31.514.23.49.00 100.00 Total :20,342.28 212999 2/19/2015 068724 US HEALTHWORKS MED GROUP OF WA 0588470-WA INV 0588470-WA EDMONDS POLICE DEPARTMENT DREYER - LEAD LAB TEST ZPP 001.000.41.521.40.41.00 60.00 DREYER - LAB VENIPUNCTURE FEE 001.000.41.521.40.41.00 28.00 Total :88.00 213000 2/19/2015 072634 WHISTLE WORKWEAR 80703 WWTP - 2015 UNIFORM, ERIC DUENAS 2015 uniform, Eric Duenas 423.000.76.535.80.24.00 242.67 9.2% Sales Tax 423.000.76.535.80.24.00 22.33 26Page: Packet Page 39 of 280 02/19/2015 Voucher List City of Edmonds 27 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213000 2/19/2015 (Continued)072634 WHISTLE WORKWEAR WWTP - 2015 UNIFORMS, ROBERT SLENKER80745 2015 Uniform, Robert Slenker 423.000.76.535.80.24.00 206.64 9.2% Sales Tax 423.000.76.535.80.24.00 19.01 Total :490.65 213001 2/19/2015 075161 WHISTLE WORKWEAR 76569 WWTP - 2015 UNIFORM, DAN KORSTAD 2015 Uniform, Dan Korstad 423.000.76.535.80.24.00 243.79 8.7% Sales Tax 423.000.76.535.80.24.00 21.21 Total :265.00 213002 2/19/2015 071104 WIPPEL, TERESA 20150215 VIDEOTAPING STATE OF THE CITY ADDRESS Videotaping of State of the City 001.000.21.513.10.41.00 500.00 Total :500.00 213003 2/19/2015 063008 WSDOT RE-313-ATB41112136 E7AC.GENERAL PM / DISCIPLINE STUDIES NOI E7AC.General PM / Discipline Studies 112.200.68.595.33.41.00 395.92 Total :395.92 213004 2/19/2015 075122 YAKIMA CO DEPT OF CORR YAKIMA JAIL JAN 2015 INV YAKIMA JAIL - JAN 2015 INMATE HOUSING - JAN 2015 - 104 DAYS 001.000.39.523.60.51.00 5,694.00 Total :5,694.00 Bank total :99,966.3359 Vouchers for bank code :usbank 99,966.33Total vouchers :Vouchers in this report59 27Page: Packet Page 40 of 280 02/19/2015 Voucher List City of Edmonds 28 12:00:11PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 28Page: Packet Page 41 of 280 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 E0AA STR 15th St. SW Walkway (Edmonds Way to 8th Ave)c424 E3DC STM 190th Pl SW Wall Construction c428 E3FF STR 2009 Street Overlay Program c294 E9CA WTR 2010 Waterline Replacement Program c363 E0JA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB WTR 2011 Waterline Replacement Program c333 E1JA STM 2012 Citywide Storm Drainage Improvements c382 E2FE SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement c347 E1GA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE STM 2013 Citywide Drainage Replacement c406 E3FA STM 2013 Lake Ballinger Basin Study & Associated Projects c407 E3FB SWR 2013 Sewerline Replacement Project c398 E3GA WTR 2013 Waterline Replacement Program c397 E3JA STR 2014 Chip Seals c451 E4CB STM 2014 Drainage Improvements c433 E4FA STM 2014 Lake Ballinger Associated Projects c436 E4FD STR 2014 Overlay Program c438 E4CA STR 2014 Waterline Overlays c452 E4CC WTR 2014 Waterline Replacement Program c422 E4JA STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E5FA STR 2015 Overlay Program c463 E5CA SWR 2015 Sewerline Replacement Project c441 E4GA STR 2015 Traffic Calming c471 E5AB WTR 2015 Waterline Replacement Program c440 E4JB WTR 2016 Water Comp Plan Update c460 E4JC SWR 2016-17 Sanitary Sewer Replacement Projects c469 E5GA WTR 2016-17 Waterline Replacement Projects c468 E5JA STR 220 7th Ave N Sidewalk c421 E3DA STR 220th Street Overlay Project c462 E4CD WTR 224th Waterline Relocation (2013)c418 E3JB Revised 2/19/2015 Packet Page 42 of 280 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 236th St. SW Walkway (Edmonds Way to Madrona School)c425 E3DD STR 238th St. SW Walkway (100th Ave to 104th Ave)c423 E3DB STR 5th Ave Overlay Project c399 E2CC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE SWR Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP)c390 E2GB WTR AWD Intertie and Reservoir Improvements c324 E0IA STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB PRK City Spray Park c417 E4MA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB STR Citywide Safety Improvements c404 E2AC SWR City-Wide Sewer Improvements c301 E8GD STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave)c409 E3FD STM Dayton Street Stormwater Pump Station c455 E4FE FAC Edmonds Fishing Pier Rehab c443 E4MB WTR Edmonds General Facilities Charge Study c345 E1JC STM Edmonds Marsh Feasibility Study c380 E2FC FAC Edmonds Museum Exterior Repairs Project c327 E0LA FAC ESCO III Project c419 E3LB STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA PM Fourth Avenue Cultural Corridor c282 E8MA FAC Frances Anderson Center Accessibility Upgrades c393 E3LA STR Hwy 99 Enhancements (Phase III)c405 E2AD PM Interurban Trail c146 E2DB STM Lake Ballinger Associated Projects 2012 c381 E2FD STM LID Retrofits Perrinville Creek Basin c434 E4FB SWR Lift Station #1 Basin & Flow Study c461 E4GC Revised 2/19/2015 Packet Page 43 of 280 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08)c298 E8GA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA WTR Main Street Watermain c375 E1JK PM Marina Beach Additional Parking c290 E8MB STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM NPDES m013 E7FG SWR OVD Sewer Lateral Improvements c142 E3GB WTR OVD Watermain Improvements (2003)c141 E3JB STM Perrinville Creek Culvert Replacement c376 E1FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD STM Public Facilities Water Quality Upgrades c339 E1FD FAC Public Safety Controls System Upgrades c444 E4LA STR School Zone Flashing Beacon/Lighting Grant c420 E3AA PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA FAC Senior Center Roof Repairs c332 E0LB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB STR Shell Valley Emergency Access Road c268 E7CB STR SR104 Corridor Transportation Study c427 E3AB General SR104 Telecommunications Conduit Crossing c372 E1EA STR SR104/City Park Mid-Block Crossing c454 E4DB General SR99 Enhancement Program c238 E6MA STM Storm Contribution to Transportation Projects c341 E1FF STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM Stormwater Development Review Support (NPDES Capacity)c349 E1FH STM Stormwater GIS Support c326 E0FC STR Sunset Walkway Improvements c354 E1DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH STM Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation c307 E9FB Revised 2/19/2015 Packet Page 44 of 280 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR Trackside Warning System c470 E5AA ENG Train Trench - Concept c453 E4DA STR Transportation Plan Update c391 E2AA STM Update Stormwater Management Code & Associated Projects c467 E5FB STM Video Assessment of Stormwater Lines c459 E4FF Revised 2/19/2015 Packet Page 45 of 280 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title STR E0AA c329 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade STM E0FC c326 Stormwater GIS Support WTR E0IA c324 AWD Intertie and Reservoir Improvements WTR E0JA c363 2010 Waterline Replacement Program FAC E0LA c327 Edmonds Museum Exterior Repairs Project FAC E0LB c332 Senior Center Roof Repairs STR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR E1AB c343 2011 Residential Neighborhood Traffic Calming STR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STR E1DA c354 Sunset Walkway Improvements General E1EA c372 SR104 Telecommunications Conduit Crossing STM E1FD c339 Public Facilities Water Quality Upgrades STM E1FF c341 Storm Contribution to Transportation Projects STM E1FH c349 Stormwater Development Review Support (NPDES Capacity) STM E1FM c374 Dayton Street & SR104 Storm Drainage Alternatives STM E1FN c376 Perrinville Creek Culvert Replacement SWR E1GA c347 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement WTR E1GB c370 Sewer, Water, Stormwater Revenue Requirements Update WTR E1JA c333 2011 Waterline Replacement Program WTR E1JB c344 76th Ave W Waterline Extension with Lynnwood WTR E1JC c345 Edmonds General Facilities Charge Study WTR E1JD c346 PRV Station 11 and 12 Abandonment WTR E1JE c340 2012 Waterline Replacement Program WTR E1JK c375 Main Street Watermain STR E2AA c391 Transportation Plan Update STR E2AB c392 9th Avenue Improvement Project STR E2AC c404 Citywide Safety Improvements STR E2AD c405 Hwy 99 Enhancements (Phase III) WTR E2CA c388 2012 Waterline Overlay Program WTR E2CB c389 Pioneer Way Road Repair STR E2CC c399 5th Ave Overlay Project PM E2DB c146 Interurban Trail STM E2FA c378 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study STM E2FD c381 Lake Ballinger Associated Projects 2012 Revised 2/19/2015 Packet Page 46 of 280 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title STM E2FE c382 2012 Citywide Storm Drainage Improvements SWR E2GA c369 2012 Sanitary Sewer Comp Plan Update SWR E2GB c390 Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP) STR E3AA c420 School Zone Flashing Beacon/Lighting Grant STR E3AB c427 SR104 Corridor Transportation Study STR E3DA c421 220 7th Ave N Sidewalk STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) STR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) STR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S STM E3FA c406 2013 Citywide Drainage Replacement STM E3FB c407 2013 Lake Ballinger Basin Study & Associated Projects STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study STM E3FD c409 Dayton Street Storm Improvements (6th Ave - 8th Ave) STM E3FE c410 Northstream Pipe Abandonment on Puget Drive STM E3FF c428 190th Pl SW Wall Construction STM E3FG c429 Storm Drainage Improvements - 88th & 194th STM E3FH c430 SW Edmonds-105th/106th Ave W Storm Improvements SWR E3GA c398 2013 Sewerline Replacement Project SWR E3GB c142 OVD Sewer Lateral Improvements WTR E3JA c397 2013 Waterline Replacement Program WTR E3JB c418 224th Waterline Relocation (2013) WTR E3JB c141 OVD Watermain Improvements (2003) FAC E3LA c393 Frances Anderson Center Accessibility Upgrades FAC E3LB c419 ESCO III Project STR E4CA c438 2014 Overlay Program STR E4CB c451 2014 Chip Seals STR E4CC c452 2014 Waterline Overlays STR E4CD c462 220th Street Overlay Project ENG E4DA c453 Train Trench - Concept STR E4DB c454 SR104/City Park Mid-Block Crossing STM E4FA c433 2014 Drainage Improvements STM E4FB c434 LID Retrofits Perrinville Creek Basin STM E4FC c435 2014 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 2014 Lake Ballinger Associated Projects STM E4FE c455 Dayton Street Stormwater Pump Station Revised 2/19/2015 Packet Page 47 of 280 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title STM E4FF c459 Video Assessment of Stormwater Lines SWR E4GA c441 2015 Sewerline Replacement Project SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I SWR E4GC c461 Lift Station #1 Basin & Flow Study WWTP E4HA c446 Sewer Outfall Groundwater Monitoring WTR E4JA c422 2014 Waterline Replacement Program WTR E4JB c440 2015 Waterline Replacement Program WTR E4JC c460 2016 Water Comp Plan Update FAC E4LA c444 Public Safety Controls System Upgrades PRK E4MA c417 City Spray Park FAC E4MB c443 Edmonds Fishing Pier Rehab STR E5AA c470 Trackside Warning System STR E5AB c471 2015 Traffic Calming STR E5CA c463 2015 Overlay Program STM E5FA c466 2015 Citywide Drainage Improvements/Rehab Projects STM E5FB c467 Update Stormwater Management Code & Associated Projects SWR E5GA c469 2016-17 Sanitary Sewer Replacement Projects WTR E5JA c468 2016-17 Waterline Replacement Projects STR E6DA c245 76th Avenue West/75th Place West Walkway Project STR E6DB c256 Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project General E6MA c238 SR99 Enhancement Program STR E7AA c265 Main Street Lighting and Sidewalk Enhancements STR E7AC i005 228th St. SW Corridor Improvements STR E7CB c268 Shell Valley Emergency Access Road STM E7FG m013 NPDES PM E7MA c276 Dayton Street Plaza SWR E8GA c298 Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR E8GD c301 City-Wide Sewer Improvements PM E8MA c282 Fourth Avenue Cultural Corridor PM E8MB c290 Marina Beach Additional Parking STR E9CA c294 2009 Street Overlay Program STR E9DA c312 226th Street Walkway Project STM E9FB c307 Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation SWR E9GA c304 Sewer Lift Station Rehabilitation Design PM E9MA c321 Senior Center Parking Lot & Landscaping Improvements Revised 2/19/2015 Packet Page 48 of 280 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title WTR c141 E3JB OVD Watermain Improvements (2003) SWR c142 E3GB OVD Sewer Lateral Improvements PM c146 E2DB Interurban Trail General c238 E6MA SR99 Enhancement Program STR c245 E6DA 76th Avenue West/75th Place West Walkway Project STR c256 E6DB Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project STR c265 E7AA Main Street Lighting and Sidewalk Enhancements STR c268 E7CB Shell Valley Emergency Access Road PM c276 E7MA Dayton Street Plaza PM c282 E8MA Fourth Avenue Cultural Corridor PM c290 E8MB Marina Beach Additional Parking STR c294 E9CA 2009 Street Overlay Program SWR c298 E8GA Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR c301 E8GD City-Wide Sewer Improvements SWR c304 E9GA Sewer Lift Station Rehabilitation Design STM c307 E9FB Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation STR c312 E9DA 226th Street Walkway Project PM c321 E9MA Senior Center Parking Lot & Landscaping Improvements WTR c324 E0IA AWD Intertie and Reservoir Improvements STM c326 E0FC Stormwater GIS Support FAC c327 E0LA Edmonds Museum Exterior Repairs Project STR c329 E0AA 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade FAC c332 E0LB Senior Center Roof Repairs WTR c333 E1JA 2011 Waterline Replacement Program STM c339 E1FD Public Facilities Water Quality Upgrades WTR c340 E1JE 2012 Waterline Replacement Program STM c341 E1FF Storm Contribution to Transportation Projects STR c342 E1AA Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR c343 E1AB 2011 Residential Neighborhood Traffic Calming WTR c344 E1JB 76th Ave W Waterline Extension with Lynnwood WTR c345 E1JC Edmonds General Facilities Charge Study WTR c346 E1JD PRV Station 11 and 12 Abandonment SWR c347 E1GA 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement STM c349 E1FH Stormwater Development Review Support (NPDES Capacity) Revised 2/19/2015 Packet Page 49 of 280 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title STR c354 E1DA Sunset Walkway Improvements WTR c363 E0JA 2010 Waterline Replacement Program STR c368 E1CA 76th Ave W at 212th St SW Intersection Improvements SWR c369 E2GA 2012 Sanitary Sewer Comp Plan Update WTR c370 E1GB Sewer, Water, Stormwater Revenue Requirements Update General c372 E1EA SR104 Telecommunications Conduit Crossing STM c374 E1FM Dayton Street & SR104 Storm Drainage Alternatives WTR c375 E1JK Main Street Watermain STM c376 E1FN Perrinville Creek Culvert Replacement STM c378 E2FA North Talbot Road Drainage Improvements STM c379 E2FB SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM c380 E2FC Edmonds Marsh Feasibility Study STM c381 E2FD Lake Ballinger Associated Projects 2012 STM c382 E2FE 2012 Citywide Storm Drainage Improvements WTR c388 E2CA 2012 Waterline Overlay Program WTR c389 E2CB Pioneer Way Road Repair SWR c390 E2GB Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP) STR c391 E2AA Transportation Plan Update STR c392 E2AB 9th Avenue Improvement Project FAC c393 E3LA Frances Anderson Center Accessibility Upgrades WTR c397 E3JA 2013 Waterline Replacement Program SWR c398 E3GA 2013 Sewerline Replacement Project STR c399 E2CC 5th Ave Overlay Project STR c404 E2AC Citywide Safety Improvements STR c405 E2AD Hwy 99 Enhancements (Phase III) STM c406 E3FA 2013 Citywide Drainage Replacement STM c407 E3FB 2013 Lake Ballinger Basin Study & Associated Projects STM c408 E3FC Perrinville Creek Stormwater Flow Reduction Retrofit Study STM c409 E3FD Dayton Street Storm Improvements (6th Ave - 8th Ave) STM c410 E3FE Northstream Pipe Abandonment on Puget Drive PRK c417 E4MA City Spray Park WTR c418 E3JB 224th Waterline Relocation (2013) FAC c419 E3LB ESCO III Project STR c420 E3AA School Zone Flashing Beacon/Lighting Grant Revised 2/19/2015 Packet Page 50 of 280 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title STR c421 E3DA 220 7th Ave N Sidewalk WTR c422 E4JA 2014 Waterline Replacement Program STR c423 E3DB 238th St. SW Walkway (100th Ave to 104th Ave) STR c424 E3DC 15th St. SW Walkway (Edmonds Way to 8th Ave) STR c425 E3DD 236th St. SW Walkway (Edmonds Way to Madrona School) STR c426 E3DE ADA Curb Ramp Upgrades along 3rd Ave S STR c427 E3AB SR104 Corridor Transportation Study STM c428 E3FF 190th Pl SW Wall Construction STM c429 E3FG Storm Drainage Improvements - 88th & 194th STM c430 E3FH SW Edmonds-105th/106th Ave W Storm Improvements STM c433 E4FA 2014 Drainage Improvements STM c434 E4FB LID Retrofits Perrinville Creek Basin STM c435 E4FC 2014 Willow Creek Daylighting/Edmonds Marsh Restoration STM c436 E4FD 2014 Lake Ballinger Associated Projects STR c438 E4CA 2014 Overlay Program WTR c440 E4JB 2015 Waterline Replacement Program SWR c441 E4GA 2015 Sewerline Replacement Project FAC c443 E4MB Edmonds Fishing Pier Rehab FAC c444 E4LA Public Safety Controls System Upgrades WWTP c446 E4HA Sewer Outfall Groundwater Monitoring STR c451 E4CB 2014 Chip Seals STR c452 E4CC 2014 Waterline Overlays ENG c453 E4DA Train Trench - Concept STR c454 E4DB SR104/City Park Mid-Block Crossing STM c455 E4FE Dayton Street Stormwater Pump Station SWR c456 E4GB Citywide CIPP Sewer Rehab Phase I STM c459 E4FF Video Assessment of Stormwater Lines WTR c460 E4JC 2016 Water Comp Plan Update SWR c461 E4GC Lift Station #1 Basin & Flow Study STR c462 E4CD 220th Street Overlay Project STR c463 E5CA 2015 Overlay Program STM c466 E5FA 2015 Citywide Drainage Improvements/Rehab Projects STM c467 E5FB Update Stormwater Management Code & Associated Projects WTR c468 E5JA 2016-17 Waterline Replacement Projects Revised 2/19/2015 Packet Page 51 of 280 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title SWR c469 E5GA 2016-17 Sanitary Sewer Replacement Projects STR c470 E5AA Trackside Warning System STR c471 E5AB 2015 Traffic Calming STR i005 E7AC 228th St. SW Corridor Improvements STM m013 E7FG NPDES Revised 2/19/2015 Packet Page 52 of 280 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number ENG Train Trench - Concept c453 E4DA FAC Edmonds Museum Exterior Repairs Project c327 E0LA FAC Senior Center Roof Repairs c332 E0LB FAC Frances Anderson Center Accessibility Upgrades c393 E3LA FAC ESCO III Project c419 E3LB FAC Public Safety Controls System Upgrades c444 E4LA FAC Edmonds Fishing Pier Rehab c443 E4MB General SR104 Telecommunications Conduit Crossing c372 E1EA General SR99 Enhancement Program c238 E6MA PM Interurban Trail c146 E2DB PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 E8MA PM Marina Beach Additional Parking c290 E8MB PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA PRK City Spray Park c417 E4MA STM Stormwater GIS Support c326 E0FC STM Public Facilities Water Quality Upgrades c339 E1FD STM Storm Contribution to Transportation Projects c341 E1FF STM Stormwater Development Review Support (NPDES Capacity)c349 E1FH STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM STM Perrinville Creek Culvert Replacement c376 E1FN STM Edmonds Marsh Feasibility Study c380 E2FC STM 2012 Citywide Storm Drainage Improvements c382 E2FE STM 2013 Citywide Drainage Replacement c406 E3FA STM 2013 Lake Ballinger Basin Study & Associated Projects c407 E3FB STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC STM Dayton Street Storm Improvements (6th Ave - 8th Ave)c409 E3FD STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM 190th Pl SW Wall Construction c428 E3FF STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH STM 2014 Drainage Improvements c433 E4FA STM LID Retrofits Perrinville Creek Basin c434 E4FB STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STM 2014 Lake Ballinger Associated Projects c436 E4FD Revised 2/19/2015 Packet Page 53 of 280 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STM Dayton Street Stormwater Pump Station c455 E4FE STM Video Assessment of Stormwater Lines c459 E4FF STM Update Stormwater Management Code & Associated Projects c467 E5FB STM NPDES m013 E7FG STM Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation c307 E9FB STM North Talbot Road Drainage Improvements c378 E2FA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM Lake Ballinger Associated Projects 2012 c381 E2FD STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E5FA STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 E0AA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR Sunset Walkway Improvements c354 E1DA STR Transportation Plan Update c391 E2AA STR 9th Avenue Improvement Project c392 E2AB STR Citywide Safety Improvements c404 E2AC STR Hwy 99 Enhancements (Phase III)c405 E2AD STR 5th Ave Overlay Project c399 E2CC STR School Zone Flashing Beacon/Lighting Grant c420 E3AA STR SR104 Corridor Transportation Study c427 E3AB STR 220 7th Ave N Sidewalk c421 E3DA STR 238th St. SW Walkway (100th Ave to 104th Ave)c423 E3DB STR 15th St. SW Walkway (Edmonds Way to 8th Ave)c424 E3DC STR 236th St. SW Walkway (Edmonds Way to Madrona School)c425 E3DD STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE STR 2014 Overlay Program c438 E4CA STR 2014 Chip Seals c451 E4CB STR 2014 Waterline Overlays c452 E4CC STR 220th Street Overlay Project c462 E4CD STR SR104/City Park Mid-Block Crossing c454 E4DB STR Trackside Warning System c470 E5AA STR 2015 Traffic Calming c471 E5AB STR 2015 Overlay Program c463 E5CA STR 76th Avenue West/75th Place West Walkway Project c245 E6DA Revised 2/19/2015 Packet Page 54 of 280 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Main Street Lighting and Sidewalk Enhancements c265 E7AA STR 228th St. SW Corridor Improvements i005 E7AC STR Shell Valley Emergency Access Road c268 E7CB STR 2009 Street Overlay Program c294 E9CA STR 226th Street Walkway Project c312 E9DA SWR 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement c347 E1GA SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP)c390 E2GB SWR 2013 Sewerline Replacement Project c398 E3GA SWR OVD Sewer Lateral Improvements c142 E3GB SWR 2015 Sewerline Replacement Project c441 E4GA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB SWR Lift Station #1 Basin & Flow Study c461 E4GC SWR 2016-17 Sanitary Sewer Replacement Projects c469 E5GA SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08)c298 E8GA SWR City-Wide Sewer Improvements c301 E8GD SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR AWD Intertie and Reservoir Improvements c324 E0IA WTR 2010 Waterline Replacement Program c363 E0JA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB WTR 2011 Waterline Replacement Program c333 E1JA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB WTR Edmonds General Facilities Charge Study c345 E1JC WTR PRV Station 11 and 12 Abandonment c346 E1JD WTR 2012 Waterline Replacement Program c340 E1JE WTR Main Street Watermain c375 E1JK WTR 2012 Waterline Overlay Program c388 E2CA WTR Pioneer Way Road Repair c389 E2CB WTR 2013 Waterline Replacement Program c397 E3JA WTR 224th Waterline Relocation (2013)c418 E3JB WTR OVD Watermain Improvements (2003)c141 E3JB WTR 2014 Waterline Replacement Program c422 E4JA WTR 2015 Waterline Replacement Program c440 E4JB WTR 2016 Water Comp Plan Update c460 E4JC WTR 2016-17 Waterline Replacement Projects c468 E5JA Revised 2/19/2015 Packet Page 55 of 280 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number WWTP Sewer Outfall Groundwater Monitoring c446 E4HA Revised 2/19/2015 Packet Page 56 of 280 Payroll Earnings Summary Report City of Edmonds Pay Period: 741 (02/01/2015 to 02/15/2015) Hours AmountHour Type Hour Class Description Educational Pay CorrectionREGULAR HOURS-ed2 0.00 -156.28 10% OUT OF CLASSMISCELLANEOUS00c1 0.00 256.35 NO PAY LEAVEABSENT111 12.00 0.00 SICK LEAVE - L & ISICK120 88.00 2,018.50 SICK LEAVESICK121 623.75 23,729.76 VACATIONVACATION122 655.64 24,663.49 HOLIDAY HOURSHOLIDAY123 14.75 537.77 FLOATER HOLIDAYHOLIDAY124 37.50 1,236.50 COMPENSATORY TIMECOMP HOURS125 76.11 2,734.58 Police Sick Leave L & ISICK129 80.00 3,341.50 Holiday Compensation UsedCOMP HOURS130 1.75 58.57 MILITARY LEAVEMILITARY131 60.00 2,245.00 Kelly Day UsedREGULAR HOURS150 144.00 5,558.28 COMPTIME AUTO PAYCOMP HOURS155 45.90 2,032.35 MANAGEMENT LEAVEVACATION160 5.00 316.82 REGULAR HOURSREGULAR HOURS190 15,121.15 577,404.27 LIGHT DUTYREGULAR HOURS193 107.00 2,791.39 ADMINISTRATIVE LEAVEREGULAR HOURS195 80.00 2,912.50 LIGHT DUTYREGULAR HOURS196 32.00 1,336.60 OVERTIME-STRAIGHTOVERTIME HOURS210 3.50 126.55 WATER WATCH STANDBYOVERTIME HOURS215 48.00 2,195.06 STANDBY TREATMENT PLANTMISCELLANEOUS216 8.00 744.52 OVERTIME 1.5OVERTIME HOURS220 189.25 11,547.11 OVERTIME-DOUBLEOVERTIME HOURS225 6.25 321.46 SHIFT DIFFERENTIALSHIFT DIFFERENTIAL411 0.00 585.39 ACCRUED COMPCOMP HOURS602 11.50 0.00 Holiday Comp 1.0COMP HOURS603 9.00 0.00 ACCRUED COMP TIMECOMP HOURS604 93.75 0.00 ACCREDITATION PAYMISCELLANEOUSacc 0.00 24.70 Accreditation 1% Part TimeMISCELLANEOUSacp 0.00 0.00 ACCRED/POLICE SUPPORTMISCELLANEOUSacs 0.00 169.99 BOC II CertificationMISCELLANEOUSboc 0.00 81.17 Collision ReconstructionistMISCELLANEOUScolre 0.00 138.69 TRAINING CORPORALMISCELLANEOUScpl 0.00 143.68 02/19/2015 Page 1 of 2 Packet Page 57 of 280 Payroll Earnings Summary Report City of Edmonds Pay Period: 741 (02/01/2015 to 02/15/2015) Hours AmountHour Type Hour Class Description CERTIFICATION III PAYMISCELLANEOUScrt 0.00 516.16 DETECTIVE PAYMISCELLANEOUSdet 0.00 100.25 Detective 4%MISCELLANEOUSdet4 0.00 965.68 EDUCATION PAY 2%EDUCATION PAYed1 0.00 780.22 EDUCATION PAY 4%EDUCATION PAYed2 0.00 718.40 EDUCATION PAY 6%EDUCATION PAYed3 0.00 4,639.11 FAMILY MEDICAL/NON PAIDABSENTfmla 40.00 0.00 HOLIDAYHOLIDAYhol -9.00 -360.19 K-9 PAYMISCELLANEOUSk9 0.00 95.43 LONGEVITY PAY 2%LONGEVITYlg1 0.00 1,741.27 LONGEVITY 5.5%LONGEVITYlg10 0.00 407.75 LONGEVITY PAY 4%LONGEVITY PAYlg2 0.00 822.00 LONGEVITY 6%LONGEVITY PAYlg3 0.00 5,513.34 Longevity 1%LONGEVITYlg4 0.00 157.65 Longevity .5%LONGEVITYlg6 0.00 302.98 Longevity 1.5%LONGEVITYlg7 0.00 873.74 Longevity 3.5%LONGEVITYlg9 0.00 86.45 MOTORCYCLE PAYMISCELLANEOUSmtc 0.00 200.50 Public Disclosure SpecialistMISCELLANEOUSpds 0.00 46.65 PHYSICAL FITNESS PAYMISCELLANEOUSphy 0.00 1,683.52 PROFESSIONAL STANDARDS SERGEANMISCELLANEOUSprof 0.00 153.70 SPECIAL DUTY PAY 5%MISCELLANEOUSsdp 0.00 504.43 ADMINISTRATIVE SERGEANTMISCELLANEOUSsgt 0.00 153.70 TRAFFICMISCELLANEOUStraf 0.00 315.78 VACATION ADD BACKVACATIONvab 24.00 0.00 Total Net Pay:$465,060.76 $689,514.79 17,608.80 02/19/2015 Page 2 of 2 Packet Page 58 of 280 Benefit Checks Summary Report City of Edmonds Pay Period: 741 - 02/01/2015 to 02/15/2015 Bank: usbank - US Bank Direct DepositCheck AmtNamePayee #DateCheck # 61512 02/20/2015 dlni DEPARTMENT OF L & I 103.51 0.00 61513 02/20/2015 epoa2 EPOA-POLICE 2,808.00 0.00 61514 02/20/2015 epoa3 EPOA-POLICE SUPPORT 436.50 0.00 61515 02/20/2015 flex FLEX-PLAN SERVICES, INC 808.33 0.00 61516 02/20/2015 teams TEAMSTERS LOCAL 763 4,262.00 0.00 61517 02/20/2015 icma VANTAGE TRANSFER AGENTS 304884 1,499.51 0.00 61518 02/20/2015 mebt WTRISC FBO #N3177B1 85,341.50 0.00 95,259.35 0.00 Bank: wire - US BANK Direct DepositCheck AmtNamePayee #DateCheck # 2178 02/20/2015 awc AWC 303,751.70 0.00 2184 02/20/2015 us US BANK 91,871.54 0.00 2186 02/20/2015 wadc WASHINGTON STATE TREASURER 20,737.50 0.00 2188 02/20/2015 pb NATIONWIDE RETIREMENT SOLUTION 5,157.60 0.00 2189 02/20/2015 flex FLEX-PLAN SERVICES, INC 65.00 0.00 2190 02/20/2015 oe OFFICE OF SUPPORT ENFORCEMENT 48.50 0.00 421,631.84 0.00 516,891.19 0.00Grand Totals: Page 1 of 12/19/2015 Packet Page 59 of 280    AM-7505     4. C.              City Council Meeting Meeting Date:02/24/2015 Time:Consent   Submitted By:Linda Hynd Department:City Clerk's Office Type: Action  Information Subject Title Acknowledge receipt of two Claim for Damages from Marian Ungureanu ($2,000.00 total) Recommendation Acknowledge receipt of the Claims for Damages by minute entry. Previous Council Action N/A Narrative Marian Ungureanu 16342 72nd Avenue W. Edmonds, WA 98026 ($2,000.00) Attachments Ungureanu Claims for Damages Form Review Inbox Reviewed By Date Mayor Dave Earling 02/18/2015 07:38 PM Finalize for Agenda Scott Passey 02/19/2015 07:22 AM Form Started By: Linda Hynd Started On: 02/18/2015 04:32 PM Final Approval Date: 02/19/2015  Packet Page 60 of 280 Packet Page 61 of 280 Packet Page 62 of 280 Packet Page 63 of 280 Packet Page 64 of 280 Packet Page 65 of 280 Packet Page 66 of 280 Packet Page 67 of 280 Packet Page 68 of 280 Packet Page 69 of 280    AM-7497     4. D.              City Council Meeting Meeting Date:02/24/2015 Time:Consent   Submitted For:Phil Williams Submitted By:Kody McConnell Department:Public Works Type:  Information Subject Title Authorization to Contract with James G. Murphy to Sell Surplus City Vehicles Recommendation It is recommended that authorization be given to Public Works to contract with James G. Murphy Auctioneers to sell surplus city vehicles. Previous Council Action Narrative Previously, the City has utilized the services of James G. Murphy Auctioneers to sell surplus city vehicles and equipment. This has proven to be a cost effective method to manage surplus items. The following vehicles are ready for auction: Unit# 338-POL  2008 Crown Victoria VIN# 2FAHP71V38X175038 Fiscal Impact Fiscal Year:2015 Revenue:$2,500 Expenditure: Fiscal Impact: Monies will be deposited into B-Fund Replacement Account. Form Review Inbox Reviewed By Date City Clerk Scott Passey 02/19/2015 07:22 AM Mayor Dave Earling 02/19/2015 09:48 AM Finalize for Agenda Scott Passey 02/19/2015 09:58 AM Form Started By: Kody McConnell Started On: 02/17/2015 02:45 PM Final Approval Date: 02/19/2015  Packet Page 70 of 280    AM-7490     6.              City Council Meeting Meeting Date:02/24/2015 Time:20 Minutes   Submitted By:Carrie Hite Department:Parks and Recreation Type: Action  Information Subject Title Diversity Commission Recommendation Council receive the Diversity Task Force recommendation establishing ECC 10.65, forming the Edmonds Diversity Commission. Council forward to the consent agenda for adoption. Council consider the recommendation for staff support and a small budget for the commission and forward for approval on the consent agenda. Previous Council Action On August 2, 2011, Council discussed the formation of a Diversity Commission and adoption of a resolution of intent to form a Diversity Commission. The Council forwarded this to the Community Services/Development Services Council committee for further discussion. On September 13, 2011, the CS/DS committee discussed this, but did not form a recommendation. On December 2, 2014, the Council again discussed the formation of a Diversity Commission. The Council charged Councilmembers Buckshnis, Petso, and Peterson with inviting interested citizens to form a task force for the purpose of bringing forth a recommendation to Council on the formation of a Diversity Commission. Narrative Over the past several years, City Council has had various discussions about the formation of a Diversity Commission for Edmonds. In December, Council charged three Councilmembers to work with staff to form a task force with the intent on bringing a recommendation back to the City Council.  The Councilmembers met with staff Carrie Hite and discussed the compilation of the task force. There were several citizens that had already reached out and expressed interest. There were also a few members in the community that came up in conversations, and some targeted recruitment ensued. The Councilmembers agreed on the following list of members: Mario Brown, Tung Bui, Venue Deming, Emily Hill, Jeanne Park, Gayle Ketzel, and Diane Talmadge.  The Task Force met on January 9th and 30th. Attached are the agenda’s and minutes for each of these meetings. These meetings were also noticed on the City’s website.  Mario Brown will present the final recommendation to the City Council. The Task Force is Packet Page 71 of 280 recommending the formation of a Diversity Commission, and attached is the final Ordinance and new ECC 10.65 for Council’s consideration. In addition to the Task Force recommendation, staff Hite met with Councilmembers Buckshnis and Petso to discuss staff support and budget for this commission. In order for this commission to be successful, it is recommended that the Council consider providing a budget of $10,000 to hire a contract staff to support the commission, and provide a small budget for any kind of events and/or celebrations the Commission would like to implement.  Attachments Diversity Commission Ordinance Diversity Commission Code Attachment A January 9 agenda and minutes January 30 agenda and minutes Form Review Inbox Reviewed By Date City Clerk Scott Passey 02/12/2015 03:41 PM Mayor Dave Earling 02/12/2015 03:54 PM Finalize for Agenda Scott Passey 02/13/2015 08:28 AM Form Started By: Carrie Hite Started On: 02/12/2015 02:00 PM Final Approval Date: 02/13/2015  Packet Page 72 of 280 ORDINANCE NO.XXX AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, TITLE 10, TO ADD A NEW CHAPTER 10.65 CREATING A DIVERSITY COMMISSION ___________________________________________________________________ WHEREAS, the City of Edmonds is committed to ensuring the rights of all citizens; and WHEREAS, the City of Edmonds honors the Civil Rights Act of 1964 confirming the values of freedom and justice in our City; and WHEREAS, the City of Edmonds recognizes other legal protections have since been granted to certain groups who have been subjected to discrimination; and WHEREAS, these legal protections must continue to recognize and ultimately prevent the discrimination that still exists; and WHEREAS, the City of Edmonds adopted Resolution 1202 on July 7, 2009, supporting the creation of the Human Rights Commission in Snohomish County; and WHEREAS, the local community can better identify resources that may be missed or not utilized by the State or County to address local concerns and issues; and WHEREAS, on December 2, 2014, the Edmonds City Council gave direction to three Councilmembers to work with a Diversity Task Force to bring forth recommendations to the full Council about forming a Diversity Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code, Title 10, is hereby amended by the adoption of a new chapter 10.65 Edmonds Diversity Commission 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. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. Packet Page 73 of 280 APPROVED: MAYOR DAVE EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 74 of 280 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2015, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, TITLE 10, TO ADD A NEW CHAPTER 10.65 CREATING A DIVERSITY COMMISSION The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2015. CITY CLERK, SCOTT PASSEY 4840-7251-8158, v. 1 Packet Page 75 of 280 Chapter 10.65 Edmonds Diversity Commission Sections: 10.65.010: Establishment and purpose of the Commission 10.65.020: Appointment, membership and terms of appointment 10.65.030: Officers of Commission – Meetings-Quorum 10.65.040: Powers and Duties 10.65.010: Establishment and purpose of the Commission A. There is hereby created an Edmonds Diversity Commission consisting of 9 members. B. The mission of the Edmonds Diversity Commission is to promote and embrace diversity through action, education, and guidance. The Commission seeks to foster an understanding that includes, accepts, respects and appreciates each individual member of our community. 10.65.020: Appointment, membership and terms of appointment A. The Edmonds Diversity Commission will seek to attract candidates that are interested in diversity issues, can respect different views, are action oriented, and have some personal experience that will contribute to a diverse commission. The Mayor, City Council and Commission will consider the EEOC goals in selecting members. Members of the commission should live, work, and/or go to school in the city of Edmonds, Esperance area, and/or the town of Woodway. B. The first commissioners seated will be selected by the Mayor and City Council. The Mayor will appoint two members, and each of seven Council members will appoint one member to the commission. Subsequent appointments will be made by the seated Commission and will be subject to Council confirmation. C. Terms of the commission will be three years, except as set forth below. There will be no term limits. D. In the event that any commissioner resigns or fails to attend three consecutive commission meetings, that position will be deemed vacant, and a subsequent appointment will be made by a vote of the seated commission, subject to Council confirmation. E. In order to ensure the fewest terms will expire in any one year, the initial terms of the appointed positions will be staggered in the following manner: Position 1: Expires after one year: Appointed by the Mayor Position 2: Expires after one year: Appointed by Council seat #1 Packet Page 76 of 280 Positon #3: Expires after one year; Appointed by Council seat #2 Position #4: expires after two years: Appointed by Council seat #3 Position #5: expires after two years: Appointed by Council seat #4 Position #6: expires after two years: Appointed by Council seat #5 Position #7: expires after three years: Appointed by Council seat #6 Position #8: expires after three years: Appointed by Council seat #7 Position #9: expires after three years: Appointed by the Mayor F. Members may be removed by the Mayor with the approval of City Council after a public hearing before the City Council, for inefficiency, neglect of duty, or malfeasance in office. Any vacancy on the commission shall be advertised, and the new appointee shall be selected from the applications received. Any appointment to a position vacated other than by the expiration of the term of the appointment shall be to fill the unexpired portion of the term. G. The seated commission will adhere to the code of conduct adopted by City Council and pertinent to Boards and Commissions. Violations of the code of conduct shall constitute malfeasance in office. 10.65.030: Officers of Commission – Meetings-Quorum Members of the commission shall meet and organize by electing from the members of the commission a chair, vice chair, and such other officers as may be determined by the commission. It shall be the duty of the chair to preside at all meetings. The vice chair shall perform this duty in the absence of the chair. Five members shall constitute a quorum for the transaction of business. A majority of the quorum may transact any particular business of the commission. The commission shall set its own meeting dates and shall give notice of such meeting in compliance with the Open Public Meeting Act of the State of Washington, as it now exists and as it may be amended from time to time. Professional and general staff will be provided at the discretion of the Mayor and City Council. 10.65.040: Powers and Duties A. The commission is empowered to advise and make recommendations to the mayor and city council, and as appropriate to other boards and commissions on such matters as may be specifically referred to the commission by the mayor or city council, including, but not limited to: 1. Serve as a commission for City government and the community by providing information, education, and communication that facilitates understanding of diversity and to celebrate and respect individual differences. Packet Page 77 of 280 2. Recommend to the Mayor and City Council diversity opportunities to promote programs, and provide guidance to assure an accessible, safe, welcoming and inclusive government and community. 3. Support, challenge, and guide government and the community to eliminate and prevent all forms of discrimination. Packet Page 78 of 280 City of Edmonds Diversity Task Force Agenda January 9, 2014 Edmonds City Hall, 3rd Floor 3:00-5:00 pm Members of the Diversity Task Force Mario Brown Tung Bui Venus Deming Emily Hill Jeanne Park Gayle Ketzel Diane Talmadge Councilmember Diane Buckshnis Councilmember Lora Petso 21st District Representative: Strom Peterson Edmonds Staff facilitator: Carrie Hite 1. Introductions 2. Councilmembers hopes/expectations of the Task Force 3. Goals of the Task Force • Assist in the formation of a Diversity Commission • Define diversity • Draft a mission statement, purpose for the Commission, ordinance to form a Commission • Make recommendations for recruitment and selection of a Commission 4. Other considerations 5. Timeline/Next steps Packet Page 79 of 280 City of Edmonds Diversity Task Force January 9, 2015 Minutes In attendance: Mario Brown, Tung Bui, Emily Hill, Jeanne Park, Gayle Ketzel, Diane Talmadge, Councilmember Petso, Carrie Hite 1. Introductions were made, and members discussed why they were interested in being on the task force and helping with a recommendation for Council. 2. Councilmember Buckshnis, although not able to attend, reflected in a statement that she thought everyone has a right to feel safe and comfortable in the City of Edmonds and that no one has a right to put anyone in a box according to their world. Councilmember Petso reflected her interest for a Diversity commission similarly. 3. The task force discussed the nuts and bolts of the commission first. The Task force agreed on the Commission being made up of up to 9 members. They also discussed the selection of candidates, and reflected that the first commission should be seated by the Council and Mayor, with staggered terms. They then discussed their interest in having this Commission be self - selecting after the first commission is formed. The task force discussed the merits of having diverse members of the commission select future members, and that it may contribute to a more diverse commission. The task force also wanted candidates that would have interest, personal experience, and would be diverse themselves to be potential candidates for the commission. They thought 3 year terms, and no term limits would be appropriate. They also discussed including those who live, work, or go to school in Edmonds, Woodway, or Esperance as viable candidates. 4. There was some discussion about the definition of diversity, and one member reflected on the EEOC definition, and that we should be all inclusive. Several members agreed. One member offered the resolution from Washington State Human Rights Commission Honoring the 50th Anniversary of the Civil Rights Act of 1964. Others discussed the definitions and missions from Tukwila, Lynnwood. 5. As far as the mission, there was some discussion of including education, fostering acceptance, creating a place where people can go, being proactive, hosting events, cherishing and embracing through action, promoting awareness. The task force discussed this at length, and staff Hite recommended that they come up with key words, and she would draft something to work with for the next meeting. 6. Next steps: Hite requested that members respond to her email next week, asking for 2-3 key words and 1-2 statements that each member thought would be important to be included in a mission statement for the Commission. In addition, Hite would use the task force’s agreements on the composition of a commission, and draft a new ECC that the group could review at the next meeting. Meeting adjourned at 5:00 pm. Packet Page 80 of 280 City of Edmonds Diversity Task Force Agenda January 30, 2015 Edmonds City Hall, 3rd Floor 3:00-5:00 pm Members of the Diversity Task Force Mario Brown Tung Bui Venus Deming Emily Hill Jeanne Park Gayle Ketzel Diane Talmadge Councilmember Diane Buckshnis Councilmember Lora Petso 21st District Representative: Strom Peterson Edmonds Staff facilitator: Carrie Hite 1. Introductions 2. Brief recap from last meeting 3. Review, discuss and approve for recommendation to City Council: a. Mission statement and purpose for a Diversity Commission. b. Edmonds City Code and Ordinance forming a Diversity Commission. c. Recommendations for recruitment and selection of a Commission. 4. Other considerations 5. Next steps Packet Page 81 of 280 City of Edmonds Diversity Task Force January 30, 2015 Minutes Members present included: Councilmembers Buckshnis and Petso, Tung Bui, Venus Deming, Emily Hill, Diane Talmadge, Mario Brown, staff Carrie Hite. 1. Prior to the meeting, and based on the input from the task force, Carrie Hite emailed out a draft Mission and objectives for a commission, draft ECC 10.65, and a draft ordinance. They are attached. 2. The meeting started out with introductions again, and a brief recap of the previous meeting. 3. The task force reviewed the draft material and spent time editing. The final mission and objectives that are recommended by the task force are the following: Mission: The mission of the Edmonds Diversity Commission is to promote and embrace diversity through action, education, and guidance. The Commission seeks to foster an understanding that includes, accepts, respects and appreciates each individual member of our community. Objectives: • Serve as a commission for City government and the community by providing information, education, and communication that facilitates understanding of diversity and to celebrate and respect individual differences. • Recommend to the Mayor and City Council diversity opportunities to promote programs, and provide guidance to assure an accessible, safe, welcoming and inclusive government and community. • Support, challenge, and guide government and the community to eliminate and prevent all forms of discrimination. 4. The task force then spent time editing the draft ordinance. 5. The task force also discussed the recruitment and selection of the Commission. The task force offered their assistance in recruiting members for the first commission. 6. Staff Hite offered to clean up and edit all documents and send them out for final review. 7. Next Steps: City Council meeting on either February 10 or 24th. Mario Brown offered to present the recommendation for the Task Force. Packet Page 82 of 280 DRAFT ORDINANCE NO.XXX AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS CITY CODE, TITLE 10, TO ADD A NEW CHAPTER 10.65 CREATING A DIVERSITY COMMISSION ___________________________________________________________________ WHEREAS, the City of Edmonds has an interest in ensuring the rights of all citizens; and WHEREAS, the City of Edmonds adopted Resolution 1202 supporting the creation of the Human Rights Commission in Snohomish County; and WHEREAS, the City honors the Civil Rights Act of 1964 confirming the values of freedom and justice in our City; and WHEREAS, the City recognizes other legal protections have since been granted to other groups who have been subjected to discrimination; and WHEREAS, these legal protections must continue to recognize and ultimately prevent the discrimination that still exists; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code, Title 10, is hereby amended by the adoption of a new chapter 10.65 Edmonds Diversity Commission to read as follows: ( INSERT NEW CODE LANGUAGE HERE) Packet Page 83 of 280 DRAFT Mission The purpose of the Edmonds Diversity Commission is to promote and embrace through action, education and guidance, an understanding that accepts, celebrates, and appreciates diversity within the community. Vision: 1. To serve as a resource for City government and the community by providing information, education, and communication that facilitates a better understanding and celebrates our differences. 2. To provide recommendations to the Mayor and City Council that would identify opportunities to address diversity issues, promote diversity programs, and/or provide guidance to create a more accessible, safe, welcoming and inclusive government and community. 3. The City of Edmonds will support and challenge all areas of government and the community to eliminate and prevent all forms of discrimination. This includes those protected by federal law, including discrimination based on age, gender, race, national origin, religion, disability, color, marital status, political affiliation, and sexual orientation/gender identity. Packet Page 84 of 280 Chapter 10.65 Edmonds Diversity Commission --DRAFT— Sections: 10.65.010: Establishment and purpose of the Commission 10.65.020: Appointment, membership and terms of appointment 10.65.030: Officers of Commission – Meetings-Quorum 10.65.040: Powers and Duties 10.65.010: Establishment and purpose of the Commission A. There is hereby created an Edmonds Diversity Commission consisting of up to 9 members. B. The purpose of the Edmonds Diversity Commission is to promote and embrace through action, education and guidance, an understanding that accepts, celebrates, and appreciates diversity within the community. 10.65.020: Appointment, membership and terms of appointment A. The Edmonds Diversity Commission will seek to attract candidates that are interested in diversity issues, can respect different views, are action oriented, and have some personal experience that will contribute to a diverse commission. The Mayor, City Council and Commission will consider the EEOC goals in selecting members. Members of the commission should live, work, and/or go to school in the city of Edmonds, Esperance area, and/or the town of Woodway. B. The first commission seated will be selected by the Mayor and City Council. The Mayor will appoint two members, and each of seven Council members will appoint one member to the commission. Subsequent appointments will be selected by the seated Commission and will be subject to Council confirmation. C. Terms of the commission will be three years. There will be no term limits. D. In the event that any commissioner resigns or fails to attend three consecutive commission meetings, that position will be deemed vacant, and will be replaced by a vote of the seated commission. E. In order to ensure the fewest terms will expire in any one year, the initial terms of the appointed positions will be staggered in the following manner: Packet Page 85 of 280 Position 1: Expires after one year: Appointed by the Mayor Position 2: Expires after one year: Appointed by Council seat #1 Positon 3: Expires after after one year; Appointed by Council seat #2 Position #4: expires after two years: Appointed by Council seat #3 Position #5: expires after two years: Appointed by Council seat #4 Position #6: expires after two years: Appointed by Council seat #5 Position #7: expires after three years: Appointed by Council seat #6 Position #8: expires after three years: Appointed by Council seat #7 Position #9: expires after three years: Appointed by the Mayor F. Members may be removed by the Mayor with the approval of City Council after a public hearing before the City Council, for inefficiency, neglect of duty, or malfeasance in office. In the event that any commissioner resigns or fails to attend three consecutive commission meetings, that position will be deemed vacant, and will be replaced by a vote of the seated commission. Any vacancy on the commission will be advertised, and the new appointee will be selected form the applications received. Any appointment to a position vacated other than by the expiration of the term of the appointment shall be to fill the unexpired portion of the term. G. The seated commission will adhere to the code of conduct adopted by City Council and pertinent to Boards and Commissions. 10.65.030: Officers of Commission – Meetings-Quorum Members of the commission shall meet and organize by electing from the members of the commission a chair, vice chair, and such other officers as may be determined by the commission. It shall be the duty of the chair to preside at all meetings. The vice chair shall perform this duty in the absence of the chair. A majority of the filled positions on the commission shall constitute a quorum for the transaction of business. A majority of the quorum may transact any particular business of the commission. The commission shall set its own meeting dates and shall give notice of such meeting in compliance with the Open Public Meeting Act of the State of Washington, as it now exists and as it may be amended from time to time. Professional and general staff will be provided at the discretion of the Mayor and City Council. 10.65.040: Powers and Duties A. The commission is empowered to advise and make recommendations to the mayor and city council, and as appropriate to other boards and commissions on such matters as may be specifically referred to the commission by the mayor or city council, including, but not limited to: Packet Page 86 of 280 4. To serve as a resource for City government and the community by providing information, education, and communication that facilitates a better understanding and celebrates our differences. 5. To provide recommendations to the Mayor and City Council that would identify opportunities to address diversity issues, promote diversity programs, and/or provide guidance to create a more accessible, safe, welcoming and inclusive government and community. 6. Assist the City of Edmonds to support and challenge all areas of government and the community to eliminate and prevent all forms of discrimination. This includes those protected by federal law, including discrimination based on age, gender, race, national origin, religion, disability, color, marital status, political affiliation, and sexual orientation/gender identity. Packet Page 87 of 280    AM-7503     7.              City Council Meeting Meeting Date:02/24/2015 Time:10 Minutes   Submitted For:Bertrand Hauss Submitted By:Megan Luttrell Department:Engineering Type: Forward to Consent  Information Subject Title Presentation of a Supplemental Agreement with Perteet for the 228th St. SW Corridor project Recommendation Forward this item to the consent agenda for approval at the March 3, 2015 Council meeting. Previous Council Action On October 16, 2012, City Council authorized the Mayor to sign Supplemental Agreement #1 with Perteet for the 228th St. SW Corridor Improvement project. On June 11, 2013, City Council authorized the Mayor to sign Supplement Agreement #2 with Perteet for the 228 th St. SW Corridor Improvement project. On April 15, 2014, City Council authorized the Mayor to sign Supplement Agreement #3 with Perteet for the 228 th St. SW Corridor Improvement project.   On September 9th, 2014, City Council authorized the Mayor to sign Supplement Agreement #4 with Perteet for the 228th St. SW Corridor Improvement project. Narrative The design and right-of-way phases for the 228 th St. SW Corridor Improvements project were recently completed and the construction phase is scheduled to start this April. The proposed supplemental agreement provides the following engineering support services (for work completed in Edmonds / Mountlake Terrace as part of this project):  Attendance at Contractor pre-construction / coordination meetings; Attendance at construction site meetings; Request for Information: address any contractor specific questions about the design documents that City Staff is unable to answer; Constructability issues / plan clarifications; Approval of shop drawings / submittals; Prepare As-Built Record Drawings; and Structural Construction Support. The total fee for the supplemental agreement is $63,930 and will be paid by project funds. Construction is scheduled to begin in April. Packet Page 88 of 280 Attachments Perteet Supplemental Agreement Form Review Inbox Reviewed By Date Engineering (Originator)Robert English 02/19/2015 03:27 PM Public Works Phil Williams 02/19/2015 03:41 PM City Clerk Scott Passey 02/20/2015 07:22 AM Mayor Dave Earling 02/20/2015 07:41 AM Finalize for Agenda Scott Passey 02/20/2015 07:49 AM Form Started By: Megan Luttrell Started On: 02/18/2015 03:42 PM Final Approval Date: 02/20/2015  Packet Page 89 of 280 DOT Form 140-063 EF Revised 9/2005 Washington State Department of Transportation Supplemental Agreement Number 6 Organization and Address Perteet, Inc. 2707 Colby Avenue, Suite 900 Everett, WA 98201 Phone: (425) 252-7700 Original Agreement Number Project Number Execution Date August 11, 2011 Completion Date December 31, 2015 Project Title City of Edmonds 228th Street S.W. Corridor New Maximum Amount Payable $ 705,199 Description of Work See attached Exhibit A – Scope of Services The Local Agency of City of Edmonds desires to supplement the agreement entered into with Perteet, Inc. and executed on August 11, 2011 and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: See Exhibit “A-1” for scope of services II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: No Change III Section V, PAYMENT, shall be amended as follows: Additional services as described in Exhibit “A-1” will cause an increase in the amount of Sixty-Three Thousand Nine Hundred Thirty Dollars ($63,930) as shown in Exhibit “E-1” for a new contract Maximum amount payable of Seven Hundred Five Thousand One Hundred Ninety-Nine Dollars ($705,199). If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Perteet, Inc. By: Crystal L. Donner, President Approving Authority Signature Date Packet Page 90 of 280 DOT Form 140-063 EF Revised 9/2005 Exhibit “A-1” Scope of Services City of Edmonds 228th Street S.W. Corridor Improvement Project Task 32 – Construction Support Services The CONSTULANT shall provide professional services to support the CITY during the construction of the project. It is assumed that construction will occur during a 12-month period beginning in April 2015. The 12-month construction period may be extended by weather days or winter suspension. This work shall include the following design construction support services: 32.1 Preconstruction Meeting, Public and Coordination Meetings As requested by the CITY, the CONSULTANT will attend the pre-construction, public, and contractor coordination meetings during the construction period. For budgetary purposes, it is assumed the CONSULTANT will attend the pre-construction meeting, a public meeting prior to start of construction, and three contractor coordination meetings in person. A separate supplement will be prepared if additional meetings are required during construction. 32.2 Site Meetings As requested by the CITY, the CONSTULANT shall attend site visits and record observations made. Ten (10) site visits are assumed. A separate supplement will be prepared if additional meetings are required during construction. 32.3 Requests for Information (RFIs) The CONSULTANT shall provide responses in a timely matter. Generally, the CITY will need RFI responses within 3 business days of the request, however more or less time may be allocated for this task depending on the issue. 32.4 Constructibility Issues/Plan Clarifications The CONSULTANT will be required to provide input and guidance on the constructibility issues. This include on-site visits, design revisions based on field conditions, or suggested plan changes by CITY staff. The CONSULTANT shall provide written review and input in a timely matter so that the CITY Contractor’s work flow is not unnecessarily disrupted. This may necessitate the CONSULTANT providing direction at the time of the field visit. 32.5 Approval of Shop Drawings/Submittals The CONSULTANT shall evaluate shop drawings and proposals for substitutions of materials and procedures as submitted by the Contractor for general conformance with the project requirements and intent. The CONSULTANT shall provide review and approval of shop drawings and other submittals within 5 business days. Shop drawings for work related to the following will be reviewed by the CONSULTANT: • Stormwater vaults Packet Page 91 of 280 DOT Form 140-063 EF Revised 9/2005 • Stormwater media filter catch basins and vaults • Walls • Signals • Metal railings • Metal median artwork • Radar feedback signs • Illumination system (designed by Perteet) 32.6 Prepare As-Built Record Drawings It is assumed the CITY will provide complete, consolidated set of redlines for the CONSULTANT to use in the as-built drawing preparation. The CONSULTANT shall prepare a draft 11”x17” as-built record drawing for the CLIENT’s review prior to finalizing. As-built mylars will not be prepared. Assumptions: • Another firm is performing construction administration support in accordance with City and FHWA requirements. • MEF documentation will not be prepared. • A separate supplement will be prepared if additional services are needed to review shop drawings or submittals not directly related to the work mentioned in Task 32.5. • Geotechnical support or review. • A separate supplement will be prepared if additional design support or review services are required during construction. • Upon City approval the CONSULTANT can shift funds within the Contract between tasks, and between members of the CONSULTANT team during the prosecution of the work. Deliverables: • Invoices with Progress Reports (12 total) • RFI Responses • Signed and Stamped Approval of Shop Drawings • As-Built Drawings – 11”x17” and 22”x34” paper, Electronic PDF and Electronic CAD files – 1 copy each of Draft and Final Task 33 – Construction Support Services – Mountlake Terrace Time billed to this Task will be for Construction Support Services related to work in the Mountlake Terrace portion of the project. This work shall include the following design construction support services: 33.1 Site Meetings – Mountlake Terrace As requested by the CITY, the CONSTULANT shall attend site visits and record observations made. Two (2) site visits are assumed. A separate supplement will be prepared if additional meetings are required during construction. Packet Page 92 of 280 DOT Form 140-063 EF Revised 9/2005 33.2 Requests for Information (RFIs) – Mountlake Terrace Same as Task 32.3. 33.3 Constructibility Issues/Plan Clarifications – Mountlake Terrace Same as Task 32.4. Assumptions: • Same as Task 32. Deliverables: • Invoices with Progress Reports (12 total) • RFI Responses Packet Page 93 of 280 DOT Form 140-063 EF Revised 9/2005 Packet Page 94 of 280 DOT Form 140-063 EF Revised 9/2005 Exhibit “E-1” Consultant Fee Determination Summary 2707 Colby Avenue, Suite 900, Everett, WA 98201 | P 425.252.7700 | F 425.339.6018 Project: 228th Street SW Corridor Improve Project - Supplement#6 Client: City of Edmonds Hourly Costs Plus Fixed Fee Estimate Classification Hours Rate Amount Sr. Associate 44.00 67.50 $2,970 Lead Engineer / Mgr 211.00 38.46 $8,115 Lead Engineer / Mgr 24.00 50.00 $1,200 Lead Technician/Designer 100.00 37.00 $3,700 Lead Technician/Designer 12.00 37.50 $450 Total Direct Salary Costs 391.00 $16,435 Overhead @ 162.58% $26,720 Fixed Fee @ 30.00% $4,931 Total Labor Costs $48,086 Reimbursables In-House Costs Qty Rate Amount Mileage - $.575 646 $0.575 $371.00 Total In-House Costs $371.00 Subconsultants Subconsultants Cost Markup Amount CG Engineering, PLLC $9,972.00 1.05 $10,471.00 Total Subconsultants $9,972.00 $10,471.00 Other Management Reserve $5,002.00 Total Other Costs $5,002.00 CONTRACT TOTAL $63,930.00 Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment in June of each calendar year. Prepared By: Darrell C. Smith Date: February 9, 2015 Packet Page 95 of 280    AM-7500     8.              City Council Meeting Meeting Date:02/24/2015 Time:30 Minutes   Submitted For:Shane Hope Submitted By:Shane Hope Department:Development Services Type: Information  Information Subject Title Draft Economic Development Element for 2015 Comprehensive Plan Update Recommendation Discuss the Draft Economic Development Element and provide by consensus any direction Previous Council Action N/A Narrative ISSUE The City Council is set to discuss the draft Economic Development Element, which has been prepared as part of the 2015 Major Update of the Edmonds Comprehensive Plan.   For a "clean" version of the whole draft element, without "tracked changes" being shown, see Attachment 1.  For a "tracked-changes" version of just the goals and policies section of the draft element, see Attachment 2.  NOTE:  These two documents have been slightly revised from the February 17 version to reflect several comments from Council members on February 17.  In both cases, the changes since February 17 are highlighted in yellow.  (Note:  Figure numbering is also still highlighted in Attachment 1;actual figure numbers will be added later.) BACKGROUND The Comprehensive Plan is being updated to meet the state deadline of mid-2015.  The main focus is refreshing data and "cleaning up" or simplifying information, as appropriate.  Each element is being considered sequentially, but no proposed changes will be final until the whole draft Comprehensive Plan--with all updated elements--can be considered this summer.  ECONOMIC DEVELOPMENT ELEMENT The existing Economic Development Element of the Comprehensive Plan (Attachment 3) was approved in 2006.  Nine years later, much of the data and descriptions have become outdated.   As part of the current update process, the Citizens Economic Development Commission ("EDC") offered significant input on the goals and policies section.  (To view the EDC minutes of December 17, 2014, see Attachment 4.) A draft updated element then went to the Planning Board.  At the Planning Board's February 11 meeting, various changes to the draft element were requested.  (See Attachment 5 for DRAFT minutes from this meeting.)  The input from both the EDC and the Planning Board were Packet Page 96 of 280 incorporated into a combined new draft, which was presented February 17 to the City Council prior to a public hearing.  On February 17, City Council members had questions and comments.  To reflect the comments, several parts of the draft Element were slightly revised.  (See Attachments 1 and 2, which include these changes.)  Some comments may not have been addressed, pending direction by consensus from the Council.  These new revisions--highlighted in Attachments 1 and 2-- will be presented specifically at the February 24 study session.     Note: For reference, the existing Economic Development Element from the Comprehensive Plan is included in Attachment 3. NEXT STEPS - February 24: Study session for City Council to further discuss and provide any direction on this element - February 25 Open House on the Comprehensive Plan update (5 to 7 pm at City Hall, Brackett Room) - Any final draft refinements of the Draft Economic Development Element - Ongoing work and public meetings to update other Comprehensive Plan elements (now thru June 2015 or thereabouts) - Consideration of the whole draft Comprehensive Plan in public hearings by the Planning Board and City Council (June 2015) Attachments Attachment 1: Draft EcDev Element Attachment 2: EcoDev Element Goals & Policies Draft Attachment 3: Existing Econ Dev Element Attachment 4: EDC Minutes of 12.17.14 Attachment 5: PB draft minutes of 2.11.15 Form Review Inbox Reviewed By Date City Clerk Scott Passey 02/19/2015 11:58 AM Mayor Dave Earling 02/19/2015 01:03 PM Finalize for Agenda Scott Passey 02/19/2015 01:05 PM Form Started By: Shane Hope Started On: 02/18/2015 10:41 AM Final Approval Date: 02/19/2015  Packet Page 97 of 280 Economic Development Introduction. The purpose of the Economic Development Element is to state the city’s economic development policies clearly in one place, thereby guiding local policymakers and informing the public about issues relating to the local economy. The chapter is divided into four major sections: Introduction and Discussion of Economic Development, The Edmonds Economy, Economic Development Goals and Policies, and Implementation. Introduction and Discussion of Economic Development Why is economic development important? The International Economic Development Council provides the following general objective regarding economic development: “Improving the economic wellbeing of a community through efforts that entail job creation, job retention, tax base enhancements and quality of life.” In simple terms, economic development has traditionally been thought of as meaning encouraging “growth.” In recent years, many communities have focused more on how economic development fits within a general framework of community sustainability. This framework attempts to integrate economic prosperity, environmental sustainability, social and political equity, and cultural engagement as the constituent parts of the community’s overall health. With similar objectives in mind economic development in Edmonds can be defined as “the city’s goals, policies and strategies for growing the local economy in order to enhance the quality of life.” Economic development is essential to preserving the existing level of service and attaining long-range goals for sustainable growth and community vitality. In general, economic development programs and activities affect the local economy by broadening and strengthening the local tax base, providing a greater range of goods and services for local residents, and by providing meaningful employment and entrepreneurial opportunities. Economic development priorities vary widely from community to community, but Edmonds’ priorities have historically coincided with those of many other Puget Sound area communities, including: creating affordable housing, adding employment, downtown and business district revitalization, small business assistance, expansion of existing businesses, new business recruitment and site selection assistance, community marketing, historic preservation, tourism generation, public relations, streamlining permit processes, and special development or streetscape projects (including public art). While the state of the economy may change greatly as boom and bust cycles come and go with each passing decade, these economic development priorities seem to stand the test of time. Greater or lesser emphasis may be placed on specific priorities, but for communities in Packet Page 98 of 280 Washington, including Edmonds, these are the main economic development activities to continue to pursue. The Edmonds Economy A solid understanding of the local economy helps a community to effectively guide policies, investments, staff resources, and future plans. The following analysis provides a background of the fundamentals of the Edmonds economy, local household and business characteristics, and their impact on municipal revenues. The Edmonds economy can best be understood by analyzing local demographics and household characteristics, local employment data, and local sales activity. Population The US Census Bureau’s 2013 estimate lists 40,727 residents in Edmonds. That is a 2.6% increase since the official 2010 census, lagging behind both the Snohomish County and Washington State growth figures of 4.6% and 3.7%, respectively, during that period. Of further note in understanding the local economy are the following additional demographic factors: Average age. The average age in Edmonds is 46 years, substantially older than the countywide average age of 37, indicating a sizeable retiree population. Several conclusions can be drawn from the relatively older population of Edmonds. • The size of the labor force is smaller in Edmonds than a similar-sized city with a lower average age. • While the retiree population includes a segment on fixed incomes, the city’s higher- than-average household income figures suggest that there is a sizable segment of retirees who have discretionary income. Coupled with greater free time, these retirees constitute a demographic cohort that is able to engage in leisure activities and associated spending that creates economic activity. • The housing stock occupied by the older adults and couples may start to see a turn- over in the next decade, potentially providing more housing for younger adults, couples and young families. If this occurs, it could increase the size of the labor force population and increase demand for certain household and personal goods and services, as well as eating/drinking establishments. • Conversely, if the average age continues to increase, it could mean that fewer younger families and workers will reside in Edmonds. This could have a range of economic impacts that would need to be monitored. Ethnic make-up. Edmonds and greater Snohomish County exhibit a lesser degree of racial or ethnic diversity than the State as a whole or many parts of the Seattle-Tacoma-Everett Packet Page 99 of 280 metropolitan area. With 83% of residents listed as “white,” Edmonds is less ethnically/racially diverse than the following nearby cities: Table XX: Percentage of Residents Listed as “White” in US Census Households. Of the 17,381 households, the degree of home ownership (69%) in Edmonds is substantially greater than many nearby cities. Table XX: Percentage of Owner Occupied Households Household income. As would be expected by the high percentage of owner-occupied homes in Edmonds, the average household income levels are also higher than regional averages and generally, although not exclusively, higher than other nearby cities. During the period from 2011-2013, the Edmonds’ median household income was $67,228 per year, compared with a Snohomish Countywide average of $67,192 and a King Countywide average of $70,998. Conclusions that can be made from the preceding data regarding ethnic make-up, home ownership and household income include the following: • With a generally more affluent population, Edmonds residents create demand for a wide variety of goods, services and activities. While nearby communities vie with Edmonds for market share to meet this demand, this fact should be kept in mind when pursuing economic development strategies. CITY PERCENTAGE RESIDENTS LISTED AS “WHITE” IN US CENSUS Edmonds 83% Kirkland 79% Everett 74% Mill Creek 74% Shoreline 71% Seattle 69% Redmond 65% Lynnwood 63% Bellevue 62% Source: American Community Survey 3-yr, 2011-2013 CITY PERCENTAGE OWNER- OCCUPIED HOUSEHOLDS Edmonds 69% Shoreline 65% Mill Creek 63% Kirkland 57% Redmond 54% Lynnwood 53% Bellevue 53% Seattle 48% Everett 45% Source: American Community Survey 3-yr, 2011-2013 Packet Page 100 of 280 • Edmonds’ very robust services sector (see below) provides many related jobs. However, often services-sector jobs pay lower wages than average. Consequently, with higher home prices and rents in Edmonds, services-sector employees may have fewer housing options here. This may create demand for more affordable housing development. Labor Force. Of the city’s total 2013 population of 40,727 the US Census estimates the civilian labor force to be 21,174. This is an important figure to keep in mind when considering the number of jobs in Edmonds. While jobs per capita is often used as an econometric measure, it is can be more insightful to consider jobs per labor force population, which portrays more accurately the availability of jobs for working Edmonds residents. Employment The Edmonds economy is diverse and includes employment in the full range of business sectors: construction, finance/insurance/real estate, retail, services, warehousing/utilities/transportation, government, education, and a small amount of manufacturing. With 13,232 jobs in 2013, Edmonds exhibits a ratio of 0.325 jobs per capita. However, this equates to 0.625 jobs per person in the civilian labor force. The substantial disparity between these two ratios reflects the relatively large amount of Edmonds residents who are retirees and no longer in the labor force. The following table provides a quick comparison of jobs, population and jobs per capita in Edmonds and other Snohomish and King County communities: Table. XX: Jobs per Persons in Civilian Labor Force County City Total Jobs Population # Jobs per Capita Labor Force # Jobs per Persons in Civilian Labor Force King Redmond 79,649 57,530 1.384 32,593 2.444 King Bellevue 126,425 133,992 0.944 72,726 1.738 Snohomish Everett 91,310 105,370 0.867 54,725 1.669 King Seattle 499,946 652,405 0.766 393,184 1.272 King/Snohomish Bothell 26,886 35,576 0.756 19,550 1.375 Snohomish Lynnwood 25,474 36,485 0.698 19,019 1.339 King Issaquah 22,310 33,566 0.665 18,236 1.223 King Renton 59,697 97,003 0.615 54,325 1.099 King Kirkland 41,091 84,430 0.487 48,170 0.853 Snohomish Mountlake Terrace 7,201 20,674 0.348 12,516 0.575 Snohomish Edmonds 13,232 40,727 0.325 21,174 0.625 King Shoreline 15,819 54,790 0.289 29,773 0.531 Snohomish Marysville 12,409 63,269 0.196 32,448 0.382 King Kenmore 3,556 21,611 0.165 10,998 0.323 Snohomish Lake Stevens 4,451 29,949 0.149 15,444 0.288 King Total 1,183,811 2,044,449 0.579 1,128,768 1.049 Snohomish Total 264,844 745,913 0.355 391,151 0.677 Sources: Puget Sound Regional Council; American Community Survey 3-yr, 2011-2013 Packet Page 101 of 280 As can be seen, Edmonds provides a relatively lower number of jobs per capita (0.325) than several other nearby cities. However, as mentioned above, when compared with the 21,174 Edmonds residents in the labor force, the Edmonds economy provides 13,232 jobs – a ratio of 0.62 per Edmonds worker. Nevertheless, according to US Census data, Edmonds-based jobs employ only about 20% (approximately 4,200) of these Edmonds labor-force residents. That is to say, up to 80% (approximately 17,000) of Edmonds workers travel elsewhere to work. Given that Edmonds households exhibit relatively higher median incomes, while predominately working elsewhere; this seems to suggest that the Edmonds economy does not provide a sufficient supply of higher-wage jobs. Jobs by Sector It is also of interest to analyze the break-down of jobs by sector. By far the largest single source of employment is the “services” sector, comprised of jobs in such areas as health care, accommodations and food service, arts and entertainment, professional services, etc. Swedish Medical Center-Edmonds and the numerous health care-related businesses in its vicinity provide a significant portion of these jobs in the “services” sector. In summary, this sector comprises nearly 70% of Edmonds jobs – substantially above the averages of Snohomish County and several nearby cities: Fig. XX: Edmonds Employment by Sector Source: Puget Sound Regional Council, “Covered Employment Estimates,” 2013 Table XX: Percentage of Jobs in Service Sector LOCATION PERCENTAGE JOBS IN SERVICES SECTOR Edmonds 70% Mill Creek 59% Shoreline 46% Lynnwood 45% Snohomish County 35% Packet Page 102 of 280 The second largest employment sector is retail, comprising 12.3% of all jobs. While this percentage is generally in line with countywide averages, it is notable that Lynnwood, with its regional shopping mall and nearby shopping centers, exhibits a substantially larger percentage of retail jobs, at 28%. Notwithstanding several major employers, including Swedish-Edmonds, the Edmonds School District, major assisted-living/rehab centers, larger restaurants, major auto dealers and large grocery store outlets, among others, much of Edmonds’ employment base is comprised of small businesses. Among these small businesses figure retail shops, eating and drinking establishments, professional services firms, personal services establishments, and many home-based businesses. The manufacturing sector, in contrast, provides only 87 jobs and constitutes a substantially minor employment sector, which is similar to many suburban Snohomish and King County communities. Conversely, Everett and some areas of unincorporated Snohomish County provide a large number of manufacturing jobs. Based on the foregoing snapshot of the Edmonds employment base, the following conclusions can be drawn: • The services sector will continue to dominate the Edmonds employment base, with continued growth expected, especially in the health care sector. • While competition exists from nearby communities, the retail sector provides a significant opportunity for additional employment growth. • The following sectors will likely remain stable: education; government; finance, insurance, real estate; wholesale, transportation, utilities. • The construction sector is likely to see an upturn as additional commercial, multifamily and mixed-use development occurs throughout the City. • The manufacturing sector will likely remain small, but growth is likely to increase in both the artisanal industries, such as food, beer, spirits and other products, as well as low- impact, specialty manufacturing, such as software, electronics, green technology, etc. • A substantial gap exists between Edmonds residents in the labor force and Edmonds- based jobs. Additional, higher-paying jobs in all sectors in Edmonds would likely help reduce this gap. Additionally, this would help increase quality of life, reduce regional commuting, and increase the City’s tax revenue. • Conversely, a substantial number of jobs in Edmonds are occupied by residents of other outside communities. Additional housing within a greater distribution along the affordability spectrum could help capture the latent housing demand of many Edmonds workers. Packet Page 103 of 280 Retail Sales An analysis of overall retail sales is also very insightful in understanding the Edmonds economy. Comparison with other nearby communities yields an understanding of strengths and weaknesses in local components of retail sales, indicating potential sources of sales “leakage.” The following table shows the top (over $10,000,000) retail sales sectors (by NAICS title) in 2013 of the 50 sectors reporting. Fig. XX: Top Retail Sectors in Edmonds (2013) As presented in the table, automobiles and other vehicles are the top retail sales category by a wide margin. At just over half of the car-sales figure, the food and drink sector is also substantial. Another important data set to consider is retail sales per capita, especially as it compares with other nearby communities. Fig. XX: Taxable Retail Sales per Capita As shown in Table XX, the city of Lynnwood, with its regional mall and associated shopping centers, captures a great deal of retail sales, with the highest retail sales per capita – approaching four times Retail Sector (NAICS Title) Taxable Retail Sales (in millions) Cars & Other Vehicle Dealers 152.2$ Food Service, Caterers, Bars 87.0$ Food/Beer/Wine/Liquor stores 29.4$ Construction (new housing)25.0$ Apparel/Accessories/Jewelry stores 22.8$ Health Care and Social Assistance 17.3$ Auto/Personal/Household Goods repair 16.2$ Used Merchandise/Pet/Art/Gift/Office stores 14.3$ Construction (exterior, finishing, equipment)10.9$ Pharmacies/Beauty/Personal Care stores 10.5$ Source: Washington State Department of Revenue CITY TAXABLE RETAIL SALES Lynnwood 57,289$ Kirkland 23,199$ Shoreline 15,582$ Edmonds 15,198$ Mukilteo 11,203$ Mountlake Terrace 9,522$ Sources: American Community Survey 3-yr, 2011-2013 Packet Page 104 of 280 the amount in Edmonds. Kirkland, a similar-sized city in King County, captures modestly more retail sales, while neighboring Shoreline sees almost the same per-capita sales. Even more insightful is an estimate of sales per capita within key retail categories as a function of per-capita income, compared with Western US standards. This exercise provides an estimate of the “leakage” of retail sales to other communities that could potentially be captured by Edmonds residents within Edmonds. One starts by using standards provided by the US Census, Bureau of Labor Statistics and the Washington Department of Revenue, which indicate that the portion of annual per-capita income routinely spent by Western US residents on the main retail categories listed below is 19.94%. Based on the City’s per-capita income and population, one can determine the total income anticipated to be spent by Edmonds’ residents. Applying the aforementioned 19.94% retail sales expenditure rate to the City’s total income, one arrives at the anticipated total retail sales by Edmonds’ residents, otherwise known as “demand” for these retail categories. By analyzing the City’s actual retail sales receipts for these categories, one can quantify both the total retail sales “leakage” and the relative gap within each retail category. The following tables break down this analysis: Fig. XX: Edmonds Actual Aggregate Retail Sales as a Percentage of Potential Sales Fig. XX: Edmonds Actual Retail Sales by Category as Percentage of Potential Sales DESCRIPTION TOTAL City population, 2013 Census est.40,727 Per capita income, US Census 2011-2013 $40,892 Total % of income spent on retail categories listed (Western US Average)19.94% Total income to be spent by Edmonds residents $1,655,408,484 Anticipated expenditures by Edmonds residents in listed retail categories $332,022,497 Estimated actual Edmonds taxable sales in retail categories listed $279,092,756 Source: US Census; American Community Survey 3-yr, 2011-2013;Bureau of Labor Statistics; Washington Department or Revenue Category % of CU Income Spent on Category (Western US Avg.) Est. Demand for Category by City's Residents (2013) Edmonds Taxable Retail Sales for Category (2013) Ratio of Total Consumed to Total Demanded - the "Gap"** Eating and Drinking Places 4.39% $73,038,154 $85,776,628 0.851 Household Textiles 0.22% $3,658,902 $1,040,569 3.516 Furniture 0.63% $10,432,119 $481,624 21.66 Floor Coverings 0.04% $611,205 $1,101,342 0.555 Major Appliances 0.39% $6,463,450 $ - Apparel and Services 2.71% $45,170,874 $20,189,446 2.237 Footwear 0.52% $8,586,846 $1,055,428 8.136 Other Apparel and Services 0.37% $6,231,959 $1,529,057 4.076 Vehicle Purchases 4.68% $77,896,151 $148,878,789 0.523 Gasoline 3.89% $64,812,702 $5,220,946 12.414 Pet Supply 0.77% $12,793,668 $2,044,641 6.257 Toys, Hobbies, and Playground Equipment 0.27% $4,446,641 $1,354,332 3.283 Personal Care Products 1.07% $17,879,825 $10,419,954 1.716 Total 19.94% $332,022,497 $279,092,756 1.19 Source: US Census; American Community Survey 3-yr, 2011-2013;Bureau of Labor Statistics; Washington Department or Revenue Packet Page 105 of 280 **Note: A ratio of 1:1 would signify a 100% capture in Edmonds of Edmonds’ latent demand for that category. A ratio under 1 signifies a greater capture of market demand for a category than Edmonds demand. A ratio over 1 signifies uncaptured demand or a retail sales “leakage” to other communities. The principal conclusions to be drawn from the foregoing analysis of retail sales in Edmonds are as follows: • Among the main retail sales categories, Edmonds captures approximately 84% of the total retail sales that would be expected from Edmonds residents, based on Western US average retail sales rates, with up to $57,929,741 of potential spending going elsewhere. • This figure, however, is skewed substantially by vehicle sales, because the rate of capture in Edmonds is higher than average and the value of vehicle sales is high. Extracting vehicle sales from the equation, Edmonds captures approximately 51% of retail sales that would be expected from Edmonds residents, based on Western US average retail sales rates. • Consequently, there is an almost 50% “leakage” of potential nonvehicle-related retail sales from Edmonds – an amount that could total as high as $125,000,000 annually. • In addition, while the vehicle sales sector is valuable to the Edmonds economy, the remaining major retail sectors are providing substantially less than Edmonds residents’ demand for such goods and services. • This all points out that, given the volatility and size of the vehicle sales sector, growth in the other sectors could help protect against an over reliance on that sector. In 2013, vehicle sales made up 32.4% of the total taxable retail sales for businesses with locations in Edmonds. City Revenues & Sustainability Economic development is an important issue not only because it addresses jobs, availability of goods and services and quality of life, but also for its role in supporting city revenues on a sustainable basis. Services Quality of Life Revenue Packet Page 106 of 280 Of the City’s annual tax revenues, property tax comprises 38.9%, utility tax 18.4% and sales tax 16.9%, for a combined total of almost 75% of municipal deriving from taxes. Economic vitality is key to ensuring the continued sustainability of these tax revenue sources in order to ensure continued support of valuable city services and the quality of life enjoyed by residents and businesses. Fig. XX: Edmonds General Revenues by Source Source: City of Edmonds Adopted 2015 Budget The following chart compares Edmonds against other nearby communities in terms of percentage contributions from sales and property taxes to municipal revenue: Fig. XX: Percentage Contribution of Sales and Property Tax As one can see, Lynnwood relies substantially more than Edmonds and other nearby communities on retail sales tax, given the presence of the regional shopping mall and associated shopping centers in that community. Edmonds and several other communities rely to a greater degree on property tax revenues. While this is often a more stable continued source of revenue than sales tax revenue, the State-imposed limit of no more than one-percent annual growth in property tax revenue (absent a voter-approved levy) does not keep up with inflation and has transformed this source into more of a revenue baseline rather than a source of growth. In the face of inflationary pressures and increased demands for services, municipalities like Edmonds must seek revenue growth from other sources. COMMUNITY SALES TAX PROPERTY TAX Edmonds 17%39% Lynnwood 28%17% Mukilteo 20%34% Mill Creek 21%49% Bothell 14%14% Kirkland 12%18% Source: Budget documents from corresponding cities. Packet Page 107 of 280 Additionally, in the case of Edmonds, in light of the substantial “leakage” of potential retail sales to other communities, recapture of even a modest amount of this leakage could yield much-needed additional sales tax revenue. While it is simple to establish a goal of increasing sales tax revenues, it is more difficult to determine how to implement that goal. Many cities have focused on new development because of its potentially positive impact on both sales and property taxes. Appropriately sited and sized development/redevelopment projects increase: • Property tax receipts through the “new construction” provision that captures new construction value-based property tax for the first year a project is brought on line and adds that value to the city’s future property tax baseline. • Sales tax revenue from construction materials and activity. • Sales tax revenue from both personal and business spending accruing from new residents, workers and businesses within newly developed buildings. • Utility tax revenue from a greater number of utility customers. Development opportunities in Edmonds are generally limited to redevelopment in the business districts where under-developed parcels may still be found. This does not imply a need for wholesale redevelopment of entire districts, but rather an emphasis on appropriately sited and sized residential, mixed -use and commercial projects in key locations, such as the Highway 99 corridor, Westgate, Five Corners and select locations in and near Downtown. Consequently, this chapter includes goals and policies that reflect the need to accommodate appropriate development/redevelopment throughout the various business districts in Edmonds. Lastly, another source of potential growth in retail sales and the resulting municipal tax revenue could lie in achieving greater energy efficiency in Edmonds’ homes and businesses. A 2010 study conducted by Sustainable Edmonds reported that utility consumption just from electricity and natural gas constituted on the order of $35-40 million annually in the 2008-2009 period. While that figure can vary considerably as energy prices vary, a figure on the order of $30+ million suffices for planning purposes. Sustainable Edmonds has further identified that through relatively modest energy- saving interventions on existing homes and businesses, approximately 10% savings can be achieved, which could free up approximately $3 million dollars in additional discretionary income among Edmonds residents. Packet Page 108 of 280 Economic Development Goals and Policies Edmonds’ current strengths, weaknesses, opportunities, and threats (SWOT) relating to economic development As a companion to of the foregoing analysis of the fundamentals of the Edmonds economy, the following “SWOT” analysis assists in preparation of the goals and policies for economic development in Edmonds. Strengths: • Amenity-rich community with high quality of life o Picturesque waterfront setting, with publicly accessible waterfront and rich variety of parks and recreational activities o Traditional downtown with array of specialty retailers, food and drink establishments, entertainment and services, complemented by free parking o Distinctive neighborhoods and business districts o Regionally renowned events and festivals o Historic character • Intermodal transit connections • Port of Edmonds’ role in economic vitality, especially as anchor to strong, growing maritime business sector • Publicly accessible fiber optic network in the Downtown area • Strong, prominent and regionally recognized arts community • Burgeoning health services sector, anchored by Swedish Hospital- Edmonds • Strong and prominent educational infrastructure from public and private K-12 institutions to Edmonds Community College • International business community, offering diverse array of goods and services, both in Highway 99 “International District” and throughout the City • Strong social capital and community pride Packet Page 109 of 280 • High degree of home ownership • Low rates of unemployment and poverty Weaknesses: • Limited retail trade area due to geographical constraints (Puget Sound to the west, distance from I-5) and prominence of major regional retail centers and lifestyle centers in nearby communities • Potentially restrictive land use and parking regulations in the business districts compared with other communities • Lack of large, regularly shaped parcels to accommodate redevelopment in commercial areas outside the downtown BC zone • Limited amusement/family entertainment establishments relative to surrounding communities. • Shortage of tourism infrastructure, such as full range of accommodations, public restrooms, way-finding signage, etc. • Shortage of affordable housing opportunities • Substantial portion of resident labor force commutes away for work, while large number of workers commute in to town for work Opportunities: • Location, “character” and natural assets can leverage additional economic development by nurturing existing businesses for growth and expansion and recruiting new, complementary businesses that seek those assets. • Existing and planned intermodal transit connections can leverage transit-oriented development. • Through enhanced connectivity, opportunities exist to maximize the synergy and economic impact of the Edmonds Center for the Arts with the Downtown business community,. • The burgeoning arts community can leverage greater tourism, artisanal manufacturing and associated business. • Highly skilled, educated workforce provides opportunities for businesses to locate in Edmonds that offer high-paying jobs • Continued growth in the emerging business sectors of artisanal and craft producers, including Packet Page 110 of 280 microbreweries, distilleries, specialty foods, and low-impact, specialty manufacturing. • Telecommunication/technology assets can provide better service for existing business customers and attract new business. • Infrastructure improvements around the business districts can enhance their attractiveness for investment and viability of commercial and mixed-use development. • Downtown and the Highway 99 corridor near the medical services node around Swedish- Edmonds offer opportunities for additional hospitality facilities. • Underdeveloped sites in the City’s business districts (e.g., Westgate, Fiver Corners, Highway 99 corridor, etc.) offer opportunities for appropriate commercial and/or mixed-use redevelopment projects. Additional population density in business districts can add market demand for goods and services and employee base for new and growing businesses. • Large numbers of workers who commute to Edmonds create additional demand for affordable housing • Travelers through Edmonds via the Washington State Ferry system offer potential for greater business activity. • Senior, more affluent residents provide opportunities for businesses related to that demographic cohort. • Increased energy efficiency in homes and businesses could free up discretionary income to support more local spending Threats: • Retail “leakage” (i.e. loss of potential local sales activity to areas outside of the City of Edmonds) • Wider variety and availability of housing options and commercial space elsewhere • Concerns over the long-term fiscal sustainability of City of Edmonds services and infrastructure without additional significant business sector growth • Increasing volumes of train traffic, with resulting increase in blockage of at-grade crossings, could threaten economic vitality of the waterfront community. Packet Page 111 of 280 Goals and Policies Economic Development Goal A. Foster a healthy business community that encourages appropriately scaled growth and investment that offers a wide range of goods and services, provides employment, and enhances municipal revenue. A.1. Continually strive to offer an efficient, timely and predictable regulatory environment within the framework of a strong customer service approach. A.2. Develop or maintain business recruitment programs, including a tool box of possible incentives, to encourage a wide range of new business development, including retail, service, artisanal manufacturing and professional services sectors. A.3. Foster business expansion and retention through existing and enhanced programs. A.4. Prioritize purchasing from local businesses while balancing a concern for cost containment. A.5. Promote local business through enhanced public awareness campaigns, events, awards programs and other activities. A.6. Promote emerging business sectors such as artisanal and craft producers, including microbreweries, distilleries, specialty foods, etc., as well as low- impact, specialty manufacturing, including software, electronics, green technology, etc A.7. Continue to partner with business leaders, organizations and community members, such as the Port of Edmonds, Edmonds Chamber of Commerce, etc., to leverage business opportunities and to solicit and address feedback to enhance the business environment. A.8. Leverage business opportunities related to travelers to/from Edmonds using the Washington State Ferry system. A.9. Pursue greater energy efficiency in homes and businesses to free up discretionary income for more local spending. Economic Development Goal B. Revitalize and enhance the city’s business districts, balancing the needs for housing, commerce and employment development with neighborhood character, amenities and scale. B.1. Adopt land use policies, zoning, and design guidelines that are supportive of economic development, while recognizing neighborhood character, context and impacts. B.2 Monitor and potentially revise parking requirements in business districts to encourage business development, while reasonably accommodating parking demand. Packet Page 112 of 280 B.3. Pursue strategic planning efforts and/or develop land use regulations that will encourage viable, appropriately scaled commercial and mixed-use redevelopment of key properties in the City’s business districts. B.4. Continue to foster and enhance the economic vitality of Downtown Edmonds, including retention and growth of existing businesses, attraction of new businesses, and promotion of appropriate in-fill redevelopment. Monitor and enhance the Edmonds Downtown Business Improvement District in its efforts to fund business promotion, marketing, improvement projects, beautification, etc. B.5. Provide staff support to businesses wishing to explore the potential of additional Business Improvement Districts in other commercial areas to help fund business promotion, marketing, improvement projects, beautification, etc., in a sustainable fashion. B.6. Promote enhanced connectivity between the Edmonds Center of the Arts and the Downtown business community to maximize synergy and economic impacts. B.7. Continue to support an historic preservation program that works to identify and preserve historic architectural, archeological and cultural resources for future generations. This can include use of available incentives and the historic preservation building code to encourage property owners to register eligible historic buildings. B.8. Work to “brand” and promote distinct business districts where there is a natural identity, such as the Highway 99 International District, Westgate, the Swedish Hospital Medical District, and the waterfront, among others. B.9. Work with property owners, developers and investors to seek appropriate redevelopment in underdeveloped and/or emerging business districts, such as the Highway 99 medical services district, Five Corners, etc. Ensure that redevelopment in business districts provide a quality environment with character, walkability and amenities for patrons and residents to enjoy. B.10. Implement regulations and/or design guidelines that will ensure the development of quality retail and commercial space that can physically accommodate a variety of future uses. B.11. Implement infrastructure and technology improvements around business districts to provide enhanced service, retain and attract business. Economic Development Goal C. Diversify and grow the City’s economic make-up to reduce sales leakage, attract spending from nearby communities, enhance local employment, and increase municipal tax revenues to support local services. C.1. Identify under-represented business sectors and work with partners, property owners and/or developers to recruit new businesses that help fill under-met market demand. Packet Page 113 of 280 C.2. Leverage technology assets, such as existing fiber connections, to support technology-based businesses and potentially to pursue new revenue streams. C.3. Focus on recruitment and “buy local” community marketing on consumer spending segments in which there is significant “leakage” and also a strong possibility of recapturing spending. C.4. Employ strategic marketing opportunities to attract consumer spending from beyond Edmonds. C.5. Pursue available incentives to foster appropriate redevelopment, where possible. C.6. Encourage longer hours of business operation and/or more evening uses in the business districts to add options during “peak” hours of consumer spending. Economic Development Goal D. Support and enhance the community’s quality of life for residents, workers and visitors in order to sustain and attract business and investment, and enhance economic vitality. D.1. In concert with the Housing Element’s Goals and Policies, pursue a housing strategy that seeks to accommodate a wide variety of housing options, both in design and affordability, to meet the demands of the full range of the working population, retirees, students, artists, et al. D.2. Recognizing the value of a progressive community in retaining and attracting business, continue to foster an open and accepting community culture that respects diversity. D.3. Support and enhance social, cultural, artistic, recreational and other learning activities for residents, workers and visitors. D.4. Pursue efforts to communicate with the public about the value of economic vitality in sustaining the City’s quality of life, services and amenities. D.5. Integrate programs and activities related to economic prosperity with objectives related to environmental sustainability, social and political equity, and cultural engagement. Economic Development Goal E. Expand and enhance the tourism sector to attract outside spending to help fuel the local economy. E.1 Continue to support existing, and provide support to new, events and festivals that attract visitors. E.2. Continue to support and enhance the arts/culture sector and the visitors that arts/culture events and activities attract. E.3. Support and enhance sporting, nature, and other outdoor events and activities that attract visitors. Packet Page 114 of 280 E.4. Strategically employ marketing media and resources to attract visitors. An overall marketing strategy should include a variety of traditional marketing, online marketing, earned media presence and use of social media. E.5. Market Edmonds as a year-round destination for its waterfront location, historic downtown, arts community and venues, eating and drinking establishments, international shopping and dining, natural amenities, gardens and flower displays, parks and recreational assets, etc. E.6. Support the tourism infrastructure, including visitor amenities such as public restrooms, the visitors’ center, way-finding signage, enhanced waterfront accessibility etc. E.7. Support efforts to enhance the hospitality infrastructure, including potential for an increased number and/or wider range of lodging establishments Downtown, in the medical services district on Highway 99, and/or in other business districts. Implementation The policies in this document were constructed to provide a supportive foundation for future economic development projects, legislation and decisions. Implementing the city’s policies will require cooperative involvement on the part of the City, other public entities, and business and community organizations. As stated throughout this chapter, economic development in Edmonds could require a variety of measures on the part of the City and other entities, including such measures as: • Staff support, outreach and actions in support of business attraction and expansion, as well as promotion of investment and development • Legislative actions (such as decisions related to zoning, incentives, fees and taxes, permit/business requirements, etc.) • City expenditures on such things as amenities and infrastructure, and potential property acquisition • Actions by the Port of Edmonds to attract and expand marine-related business and activity • Programs provided by Edmonds Community College that support work-force development, job readiness, job placement, etc. • Collaborative efforts between the Chamber, City and other entities to create and enhance a positive, business-friendly environment In addition, as part of a larger regional economy, the City of Edmonds and its partners must continue to work actively with regional economic development organizations such as the Economic Alliance of Snohomish County, the Snohomish County Economic Development Department, the Greater Seattle Trade Alliance, the Washington Economic Development Association, the Puget Sound Regional Packet Page 115 of 280 Council, the Prosperity Partnership, and the Washington State Department of Commerce, among others. Strategic Action Plan After approximately two years of work on the part of staff, consultants, the Economic Development Commission, and Councilmembers, together with substantial public involvement, on April 2, 2013 the Edmonds City Council approved the City’s Strategic Action Plan (SAP). The plan identifies both short-term (3-5 years) and mid-term (5-10 years) community strategic objectives, as well as specific action tasks and responsible participants, schedules and performance measures to achieve them. The SAP is organized into five general strategic objectives: 1. Create economic health, vitality and sustainability 2. Maintain, enhance and create a sustainable environment 3. Maintain and enhance Edmonds’ community character and quality of life 4. Develop and maintain a transportation and infrastructure system to meet current and future demand 5. Provide responsible, accountable, and responsive government Each strategic objective is further subdivided into 88 specific action items to achieve implementation. Strategic Objective 1, as mentioned above, is most directly involved with economic development through a series of action items related to general economic sustainability, marketing of business districts, promotion of business development, business outreach and development and a series of land use standards and design guidelines intended to foster investment and appropriately scaled redevelopment. However, additional action items (for a total of 22) related to economic development can be found throughout the SAP, illustrating the importance of economic development in the City’s strategic direction. As mentioned above, the SAP spans action items that can be worked on immediately to those that may take many years. Nevertheless, it is incumbent on all participants to begin the process of implementation. Implementation is scheduled to begin in 2015 pursuant to a Council-approved implementation plan. Notwithstanding all the above, the SAP does not enshrine the totality of economic development activities to be pursued by the City and its partners. Strategic economic development initiatives, in response to the bulleted items stated earlier will need to be pursued on an on-going basis. These initiatives will in many cases be complementary to action items identified in the SAP. Packet Page 116 of 280 Performance Measures Economic development is a tireless activity in pursuit of enhanced economic vitality that is often more influenced by exogenous economic factors than local actions. For this reason it is difficult to measure on a year-to-year basis the performance of the actions of a local agency and its partners on a community’s economic health. Did an increase in business activity, home starts or jobs result from local programs, incentives and/or outreach or would those economic successes have arisen otherwise in a booming economy? Conversely, do lower sales, higher unemployment and a sagging construction sector reflect on unsuccessful local economic development programs or more respond to a regional, national or even global economic down-turn? Whether or not economic success or failure can be attributed to any local actions, it is insightful and informative to monitor the local economy’s performance and to attempt to steer economic development strategies in response. To this end, one of the two most basic performance measures related to a local community’s economic health is growth or decline in overall employment. What’s more, in its adopted planning growth targets Snohomish County has allocated 2,269 new jobs to the City of Edmonds for the planning horizon of 2035. While job growth does not follow a straight line year over year, this 20-year planning target provides a good index to gauge annual job growth in Edmonds. Packet Page 117 of 280 City of Edmonds Economic Development Element GOALS AND POLICIES SECTION Adopted December 19, 20 06 Draft Revisions February 18, 2015 Formatted: Font: 22 pt Formatted: Font: 22 pt DR A F T Packet Page 118 of 280 I. III. Economic Development Goals and Policies A. Edmonds’ current strengths, weaknesses, and opportunities and threats (SWOT) relating to economic development As a companion to of the foregoing analysis of the fundamentals of the Edmonds economy, the following “SWOT” analysis assists iIn preparation of considering the goals and policies for economic development in Edmonds., a SWOT analysis was used as a planning tool to provide direction. Strengths  Amenity-rich community with high quality of life • Picturesque waterfront communitysetting, with publicly accessible waterfront and rich variety of parks and recreational activities • Traditional downtown with array of specialty retailers, food and drink establishments, entertainment and services, complemented by free parking • Distinctive neighborhoods and business centers districts • Regionally renowned events and festivals • Historic character  Mass Intermodal transit connections  Downtown specialty retailers and food establishments  Events and festivals  Historic buildings  Port of Edmonds’ role in economic vitality, especially as anchor to strong, growing maritime business sector  Publicly accessible fiber optic network in the Downtown area  Reputation Strong, prominent and regionally recognized as an arts community  Burgeoning health services sector, anchored by Swedish Stevens Hospital-Edmonds Formatted: Indent: Left: 0.25", No bullets or numbering Formatted: Bulleted + Level: 2 + Aligned at: 0.75" + Tab after: 1" + Indent at: 1" DR A F T Packet Page 119 of 280  Strong and prominent educational infrastructure from public and private K-12 institutions to Edmonds Community College  International business community, offering diverse array of goods and services, both in Highway 99 “International District” and throughout the City  Strong social capital and/ community pride  High degree of home ownership  Generally Llow rates of unemployment and poverty Formatted: Font: Italic DR A F T Packet Page 120 of 280 Weaknesses  Limited retail trade area due to geographical constraints (waterfront locationPuget Sound to the west, distance from I-5) and prominence of major regional retail centers and lifestyle centers in nearby communities State B&O tax structure implications on small business communities  Potentially restrictive lLand use and parking regulations in the business districts compared with other communities  Lack of large, regularly shaped parcels to accommodate redevelopment in Multiple property owners and small lots in commercial areas outside the downtown BC zone  Limited amusement/family entertainment establishments relative to surrounding communities.  Shortage of tourism infrastructure, such as full range of accommodations, public restrooms, way-finding signage, etc.  Shortage of affordable housing opportunities  Substantial portion of resident labor force commutes away for work, while large number of workers commute in to town for work Opportunities  Use Llocation, and “character” and natural assets to can leverage additional economic development by, nurturing existing businesses for growth and expansion and recruiting locally-owned,new, complementary unique businesses that seek those assets. to enhance our advantage.  Build on the Eexisting and planned intermodal transit connections can leverage transit hub and future Edmonds Crossing multi-modal station with transit-oriented development.  Through enhanced connectivity, opportunities exist to maximize the synergy and economic impact of the Edmonds Center for the Arts with the Downtown business community,Maximize the impact of the Edmonds Center for the Arts. by developing the 4th Avenue Arts Corridor, by linking it to Main Street shops and restaurants. Formatted: Not Highlight Formatted: Not Highlight DR A F T Packet Page 121 of 280  The burgeoning arts community can leverage greater tourism, artisanal manufacturing and associated business.  Highly skilled, educated workforce provides opportunities for businesses to locate in Edmonds that offer high-paying jobs  Continued growth in the emerging business sectors of artisanal and craft producers, including microbreweries, distilleries, specialty foods, and low-impact, specialty manufacturing.  Leverage Ttelecommunication/ technology assets to can provide better service for existing business customers and attract new business. new revenue sources for the city.  Plan and implement Infrastructure improvements in regulation around the business districts can enhance their attractiveness for investment and viability of commercial and mixed-use development.  Downtown and the Highway 99 corridor near the medical services node around Swedish-Edmonds offer opportunities for additional hospitality facilities.  Underdeveloped sites in the City’s business districts (e.g., Westgate, Fiver Corners, Highway 99 corridor, etc.) offer opportunities for appropriate commercial and/or mixed-use redevelopment projects. Additional population density in business districts can add market demand for goods and services and employee base for new and growing businesses.  Large numbers of workers who commute to Edmonds create additional demand for affordable housing  Travelers through Edmonds via the Washington State Ferry system offer potential for greater business activity.  Senior, more affluent residents provide opportunities for businesses related to that demographic cohort.  Increased energy efficiency in homes and businesses could free up discretionary income to support more local spending  Threats  Retail “leakage” (i.e. loss of potential local sales activity to areas outside of the City of Edmonds)centers in nearby cities for retail/service sector business Competition from lLifestyle villages shopping centers and new town  Wider variety and availability of housing options and more commercial space elsewhere Lack of design guidelines/ regulations to protect quality first floor commercial space Business recruiters from other cities targeting Edmonds businesses.  Concerns over the Lack of a long-term fiscal sustainability of City of Edmonds services and infrastructure without additional Formatted: Not Highlight Formatted: Not Highlight Formatted: Highlight Formatted: Bullets and NumberingDR A F T Packet Page 122 of 280 significant business sector growth vision for sustaining or improving the Edmonds quality of life with projected revenues.  Increasing volumes of train traffic, with resulting increase in blockage of at-grade crossings, could threaten economic vitality of the waterfront community.  B. Goals and Policies Goal: 1. Foster a healthy business community that encourages appropriately scaled growth and investment that offers a wide range of goods and services, provides employment and enhances municipal revenueother economic opportunities. Policies 1a. Continually strive to offer an efficient, timely and predictable regulatory environment within the framework of a Promote a results-oriented permit and licensing process, which consolidates review timelines, eliminates unnecessary steps, and maintains a strong customer service approach. 1b. Develop or maintain business recruitment programs, and createincluding a tool box of possible incentives, to encourage retail and other commercial developmenta wide range of new business development, including retail, service, artisanal manufacturing and professional services sectors. 1c. Encourage and expandFoster business expansion and retention programsthrough existing and enhanced programs. 1d. Prioritize purchasing from local businesses while balancing a concern for cost containment. Develop a local purchasing policy that gives prioritizes doing business with locally-owned companies, if within a range of price competitiveness. 1e. Promote local business through enhanced public awareness campaigns, events, awards programs and other activities. Consider public relations tools to increase awareness of the local business community, such as annual small business awards. 1f. Promote emerging business sectors such as artisanal and craft producers, including microbreweries, distilleries, specialty foods, etc., as well as low-impact, specialty manufacturing, including software, electronics, green technology, etc. Formatted: No bullets or numbering Formatted: Bullets and Numbering Formatted Table Formatted Table Formatted TableDR A F T Packet Page 123 of 280 1f1g. Continue to partner with business leaders, organizations and community members, such as the Port of Edmonds, Edmonds Chamber of Commerce, etc., to leverage business opportunities and to solicit and economic development organizations, and address feedback from the business community.to enhance the business environment. 1h. Leverage business opportunities related to travelers to/from Edmonds using the Washington State Ferry system. 1i. Pursue greater energy efficiency in homes and businesses to free up discretionary income for more local spending Goal: 2. Revitalize and enhance the city’s business districts, balancing the needs for housing, commerce and employment development with neighborhood character, amenities and scale. redevelopment, preservation and the need for consumer iti Policies 2a. Adopt land use policies, zoning, and design guidelines that are supportive of responsible economic development, while recognizing neighborhood character, context and impacts. 2b. Strengthen neighborhood business centers through community planning and commercial revitalization, resulting in new regulations that will spur development. 2c2b. Monitor and potentially rRevise parking requirements in business districts, especially downtown, to encourage business development, while reasonably accommodating parking demand. 2d2c. Pursue strategic planning efforts and/or dDevelop land use regulations that will encourage viable, appropriately scaled commercial and mixed-use redevelopment of key properties in the City’s business districts. Transit Oriented Development (T.O.D.) in the Harbor Square and “Old Safeway” area. Formatted Table Formatted Table Comment [DP1]: Essentially a repeat of 2c. Formatted Table DR A F T Packet Page 124 of 280 2de. Explore Continue to foster and enhance the economic vitality of Downtown Edmonds, including retention and growth of existing businesses, attraction of new businesses, and promotion of appropriate in-fill redevelopment. Monitor and enhance the Edmonds Downtown Business Improvement District in its efforts to fund business promotion, marketing, improvement projects, beautification, etc. options such as Business Improvement Districts/ Areas (special assessment districts) as a way to help shopping areas fund marketing and beautification in a sustainable fashion. 2e. Provide staff support to businesses wishing to explore the potential of additional Business Improvement Districts in other commercial areas to help fund business promotion, marketing, improvement projects, beautification, etc., in a sustainable fashion. 2f. Promote enhanced connectivity between the Edmonds Center of the Arts and the Downtown business community to maximize synergy and economic impacts. 2gf. Continue to support an historic preservation program that works to identify and preserve historic architectural, archeological and cultural resources for future generations. This can include use of available incentives and the historic preservation building code to encourage property owners to register eligible historic buildings. 2g. Utilize incentives and the historic preservation building code to encourage property owners to register eligible historic buildings. 2h2h. Work to identify and “brand” and promote distinct business districts, where there is a natural synergyidentity, such as the Highway 99 International District, Westgate, the Stevens Swedish Hospital Medical CorridorDistrict, and the 4th Avenue Arts Corridorwaterfront, among others.. 2i. Create synergy for commercial businesses where possible, for example, by implementing a “retail core” area in the downtown. 2j2i. Work with property owners, developers and investors to seek appropriate redevelopment in underdeveloped and/or emerging business districts, such as the Highway 99 medical services district, Five Corners, etc. Ensure that redevelopment in business districts pProvide a quality environment with character, walkability and amenities for patrons and residents to enjoy. Formatted: Highlight Formatted Table DR A F T Packet Page 125 of 280 2j. Implement regulations and/or design guidelines that will ensure the development of quality retail and commercial space that can physically accommodate a variety of future uses. 2k. Implement infrastructure and technology improvements around business districts to provide enhanced service, retain and attract business. Goal 3. Diversify and grow the City’s economic make-up to reduce sales leakage, attract spending from nearby communities, enhance local employment, and increase municipal tax base revenues and to increase revenues to support local services. Policies 3a. Identify under-represented business sectors and work with partners, property owners and/or developers to recruit new businesses that help fill under-met market demand. 3a. Address barriers to redevelopment in the business districts, and encourage mixed-use development. 3b3b. Leverage technology assets, such as existing fiber connections, to support technology-based businesses and potentially to pursue new revenue streams. 3c3d. Implement regulations and/or design guidelines that will ensure the development of quality retail and commercial space that can physically accommodate a variety of future users. 3dd. Focus recruitment and “buy local” community marketing on consumer spending segments in which there is significant “leakage”, and also a strong possibility of recapturing spending. 3e. Employ strategic marketing opportunities to attract consumer spending from beyond Edmonds. 3fe. Pursue available incentives to foster appropriate redevelopmentprivate and public grant or sponsorship funding for programs, where possible. 3gf. Encourage longer hours of business operation and/or more evening uses in the business districts to add options during “peak” hours of consumer spending. Formatted: Font: Not Bold Formatted Table DR A F T Packet Page 126 of 280 3g. Expand tourism efforts to take advantage of regional trends, such as nature tourism. Goal 4. Support and enhance the community’s quality of life for residents, workers and visitors in order to sustain and attract business and investment, and enhance economic vitality. Strengthen the quality of life and vitality of the community for residents, workers and visitors to enjoy. Policies 4a. In concert with the Housing Element’s Goals and Policies, pursue Develop a a housing strategy that seeks to accommodate a wide variety of plans for a variety of housing options, both in design and affordability, to meet the demands of the full range of the working population, retirees, students, artists, et al. around the city. Consider housing options for artists. 4b. Promote the visitor/tourism sector. Sustain and develop facilities that attract tourists, conferences, professional training, sporting events and other recreational opportunities. 4c. Consider building incentives that may encourage environmentally-friendly construction (or LEED certified), a percent set-aside for the arts, public spaces, and affordable housing. 4d. Provide leadership on technology issues in order to ensure that Edmonds residents and businesses have fast, affordable service. 4e.4b. Foster an open and accepting community culture that respects diversity.Recognizing the value of a progressive community in retaining and attracting business, continue to foster an open and accepting community culture that respects diversity. 4f4c. Expand Support and enhance social, cultural, artistic, recreational and other learning educational activities for residents, workers and visitors. all generations. 4dg. Strive to improve communications with the public. Pursue efforts to communicate with the public about the value of economic vitality in sustaining the City’s quality of life, services and amenities. Comment [DP2]: Adding new tourism-related goal and policies at 5 Formatted Table Formatted Table Comment [DP3]: This is squarely an issue to be addressed in the Land Use element Comment [DP4]: Addressed at 3b. Formatted TableDR A F T Packet Page 127 of 280 4e. Integrate programs and activities related to economic prosperity with objectives related to environmental sustainability, political governance, cultural engagement and social equity. Goal 5. Expand and enhance the tourism sector to attract outside spending to help fuel the local economy. Policies 5a. Continue to support existing, and provide support to new, events and festivals that attract visitors. 5b. Continue to support and enhance the arts/culture sector and the visitors that arts/culture events and activities attract. 5c. Support and enhance sporting, nature, and other outdoor events and activities that attract visitors. 5d. Strategically employ marketing media and resources to attract visitors. An overall marketing strategy should include a variety of traditional marketing, online marketing, earned media presence and use of social media. 5e. Market Edmonds as a year-round destination for its waterfront location, historic downtown, arts community and venues, eating and drinking establishments, international shopping and dining, natural amenities, gardens and flower displays, parks and recreational assets, etc. 5f. Support the tourism infrastructure, including visitor amenities such as public restrooms, the visitors center, way-finding signage, enhanced waterfront accessibility etc. 5g. Support efforts to enhance the hospitality infrastructure, including potential for an increased number and/or wider range of lodging establishments Downtown, in the medical services district on Highway 99, and/or in other business districts. Formatted Table Formatted Table Formatted: Highlight DR A F T Packet Page 128 of 280 DR A F T Packet Page 129 of 280 City of Edmonds Economic Development Element Adopted December 19, 2006 Packet Page 130 of 280 1 Edmonds Economic Development Comprehensive Plan Element The purpose of the Economic Development Element is to state the city’s economic development policies clearly in one place, thereby guiding local policymakers and informing the public about issues relating to the local economy. The chapter is divided three major sections: Introduction and Approaches to Economic Development, The Edmonds Economy, and Economic Development Goals and Policies. I. Introduction and Approaches to Economic Development A. Why do economic development? Economic development in Edmonds can be defined as “the city’s policies and services for growing the local economy in order to enhance the quality of life”. Economic development is essential to preserving the existing level of service and attaining long-range goals for sustainable growth and community vitality. In general, economic development affects the local economy by broadening and strengthening the local tax base and by providing meaningful employment and entrepreneurial opportunities. An increasing number of communities around the region have economic development policies and staff. Community economic development priorities vary widely, but may include: creating affordable housing, adding employment, downtown or commercial revitalization, small business assistance, business recruitment and site selection help, community marketing, historic preservation, tourism generation, public relations, streamlining permit processes, and special development or streetscape projects (including public art). Communities are realizing that there is no such thing as a “static” or fixed economy; local economies are always changing. They are also impacted by countless forces: national and state economic cycles, competition from surrounding cities for desirable businesses, local and regional land use changes, residential and commercial real estate market trends, and other forces. Without change and adaptability, a community can become stagnant or even decline. Successful communities today acknowledge their past and allow a vision for the future to guide them through the changes needed to prosper. Packet Page 131 of 280 2 B. Past economic development efforts and local stakeholders The Edmonds Alliance for Economic Development was formed in 1995 as a coalition of businesspeople and property owners to promote the city and recruit businesses. It undertook analysis, strategic planning, and projects through 2004. In 1996, the City of Edmonds, the Port of Edmonds, and the Greater Edmonds Chamber of Commerce crafted the “Edmonds Economic Development Strategic Action Plan”, which was adopted by reference. This element updates and replaces that work. The city’s economic development efforts continued to focus primarily on the downtown, and in 1999, downtown economic development specialists Hyett-Palma were selected for a downtown study. The study, Edmonds Downtown Economic Enhancement Strategy – 1999, outlined several strategies for dealing with economic development in downtown Edmonds. They noted that the future of downtown Edmonds should not be “boiled down to an either or decision”, but instead Hyett-Palma identified the challenge for downtown as follows: “Keep Downtown “the same” — by maintaining its charm, quaintness, and small town ambiance — while at the same time managing change in a way that allows Edmonds to take advantage of economic opportunities that will benefit the community.” 1 They concluded that avoiding change will, in fact, not keep downtown “the same”. That will only result in a downtown that will not stay the same or flourish to be more attractive.2 They also identified several recommended actions, such as: • Reserving the first floor, by city zoning ordinance, in a downtown core specialty cluster for retail; • Developing a large number of housing units in the downtown through mixed-use developments; • Adding design guidelines; • Helping existing businesses to expand and open additional ventures; and • Ensuring that aesthetics add to the downtown ambiance through high quality public and private signage, art and streetscape elements. 1 Hyett Palma. Edmonds Downtown Economic Enhancement Strategy. P. 11 2 Hyett Palma. Edmonds Downtown Economic Enhancement Strategy. P. 12 Packet Page 132 of 280 3 Many of the Hyett Palma conclusions resurfaced during a 2004-2005 Downtown Plan Comprehensive Plan Update, for which additional study was completed by Heartland LLC and by Mark Hinshaw at LMN Architects. In 2004, the City also added the first Economic Development Director on staff under the Mayor. This position works in close collaboration with local and regional economic development stakeholders. Prior to the development of the Economic Development Element, initial staff priorities were set involving: business recruitment and retention, tourism development, creating a more business-friendly regulatory environment, and addressing barriers to development in business districts around the entire city. This Economic Development Element will provide further guidance for staff and council on economic development priorities. C. Current national thinking in economic development Across the country, many past economic development efforts focused either on providing major tax breaks to entice large corporations or on government provision of significant infrastructure projects geared towards assisting industry. Today’s general outlook on economic development recommends a more balanced approach with an emphasis on long-term planning for a vital, sustainable community. Support locally-owned businesses States and municipalities are increasingly establishing policies to bolster smaller, locally-owned businesses. Economic development expert Michael Shuman, an economist and attorney, focuses on creating self-reliant communities. In his book “Going Local”, Shuman highlights ways in which municipalities can bolster locally-owned companies and increase local spending. Recent research has begun to highlight the positive “multiplier effect” associated with prioritizing the growth of local companies. The multiplier effect describes how the expenditure of a dollar generates more than a dollar of activity. A worker who receives a check might spend a portion of it at a local restaurant or shop, thereby resulting in more transactions within that community. The local multiplier effect stops when the transaction leaves the local community. Shuman writes, “The primary virtue of import substitution, community corporations, and local investment is that these strategies increase the likelihood of the economic multiplier’s staying at home.”3 3 Shuman, Michael. Going Local. P. 50 Packet Page 133 of 280 4 While it is impossible today to substitute many of our “imports” locally, many improvements are achievable. Some examples of common practices in line with this school of thought include procurement policies that favor local companies (if within a range of price competitiveness) and “shop local” programs. Create vibrant places Another movement in economic development has produced a shift towards creating vibrant places where today’s workforce will want to live, as documented by public policy and economic development expert Richard Florida. Florida’s research demonstrates how today’s “creative class” of workers choose location first, and employment second. In this line of thinking, corporations are increasingly forced to locate to where the desirable, educated workforce resides, not necessarily whichever locale offers the largest tax break. In the following segment, Florida describes what today’s workforce seeks in a place to live. ”What’s there: the combination of the built environment and the natural environment; a proper setting for pursuit of creative lives Who’s there: the diverse kinds of people, interacting and providing cues that anyone can plug into and make life in that community What’s going on: the vibrancy of the street life, café culture, arts, music, and people engaging in outdoor activities – altogether a lot of active, exciting creative endeavors”4 4 Florida, Richard. The Rise of the Creative Class, p.232 Packet Page 134 of 280 5 Consequently, municipalities and regions engaged in economic development must think about nurturing environments for businesses and people in order to grow a local economy. II. The Edmonds Economy A. Analysis of local economy A good understanding of the local economy helps a community to effectively guide policies, investments, staff resources, and future plans. The analysis completed for the Economic Development Element offers a background on local business characteristics and a summary of city revenues. Local business characteristics Edmonds is home primarily to a small business economy. In 2005, City records counted 1,791 licensed businesses located in Edmonds. Claritas consumer research, which provides detailed information not collected locally, recorded 1,526 businesses. Some summary employment statistics are listed below. Table 1: Median # of employees: 3 Average # of employees: 8 Total employees: 12,693 Source: Claritas While most Edmonds businesses employ a small number of workers, larger local employers include Stevens Hospital, the Edmonds School District, and the City of Edmonds. Stevens Hospital, with 217 beds and 888 full-time employees, serves as an anchor to the greater health care industry in Edmonds. In 2005, there were 209 related health care and social assistance businesses. Edmonds is also home to a large number of retail and professional service businesses, ranging from small shops and restaurants to nationally-known architectural, engineering and technical firms. Table 2 shows the number of Edmonds businesses by NAIC code. Packet Page 135 of 280 6 Table: 2 Number of Businesses in Edmonds by NAIC Code in 2005 NAIC Business Description Code Count Retail 44-45 231 Professional, Scientific, and Technical Services 54 229 Health Care and Social Assistance 62 209 Other Services (except Public Administration)81 172 Construction 23 114 Finance & Insurance 52 107 Accommodation and Food Services 72 102 Real Estate & Rental Leasing 53 72 Administrative, Support & Waste Management & Remediation Svs 56 58 Wholesale Trade 42 53 Educational Services 61 41 Manufacturing 31-33 33 Arts, Entertainment, and Recreation 71 29 Public Administration 92 21 Transportation and Warehousing 48-49 18 Information 51 18 Utilities 22 2 Agriculture, Forestry, Fishing and Hunting 11 2 NAICs Total 1,511 All businesses in Edmonds 1,526 *15 businesses were non-classifiable Source: Claritas North American Industry Classification System (NAICS) replaced the U.S. Standard Industrial Classification (SIC) system. Edmonds is also home to many businesses in fields that are experiencing dramatic growth in self-employment across the nation. Nationally, the number of businesses with no paid employees grew from 17.6 million in 2002 to more than 18.6 million in 2003, a growth rate of 5.7 percent, according to a report issued by the U.S. Census Bureau. This represents the biggest rate of increase in self-employment since the Census Bureau began releasing such statistics in 1997. If Edmonds is indeed experiencing the same trend locally, it may be part of the reason why Edmonds has a relatively high percent of workers who live and work within Edmonds. According to the 2000 Census, 18.5% of Edmonds’ working population chose to live and work in Edmonds. Comparatively, that figure was only 10.8% for Lake Forest Park, 15.1% for Mukilteo, 9% for Mountlake Terrace and 12.8% for Mill Creek. Perhaps due to its large amount of commercially zoned land and therefore number of businesses, 23.4% of Lynwood’s workers worked and lived within the city. Packet Page 136 of 280 7 New business development in Edmonds will likely continue to be dominated by small businesses and self-employed persons, unless significant land use changes are made to encourage the development of larger office buildings or other commercial uses. Geographically, employment is currently spread throughout the city’s downtown, neighborhood business districts and along Highway 99. Packet Page 137 of 280 8 Services Quality of Life Revenues City revenues & sustainability Each year, budget season arrives and usually some difficult choices are made about what to fund and what to cut. Throughout the year, land use decisions are also made, according to staff reports, regulations, public testimony, and other factors. Rarely do we stop to consider the bigger picture: the linkage between each year’s budgetary constraints and the ongoing land use decisions. This connection affects the revenues generated, the services the city is able to offer, and the quality of life enjoyed by residents and businesses. Edmonds is heavily reliant on taxes as a source of General Fund income. In 2005, roughly 73% of General Fund revenues were generated from three tax sources: property, sales, and utility. While this dependence on taxes is not new, one percent property tax limitations on local governments have acted as a major fiscal drain in largely residential communities such as Edmonds. In conformity with I-747, Edmonds is limited to a one percent annual property tax increase. Prior to I-747, property taxes could rise up to six percent annually. This has led Edmonds and many other municipalities to pursue economic development agendas to diversify their revenue base, including but not limited to increasing sales taxes. The city receives sales tax from two main sources: the sale of consumer goods and construction materials. Sales tax revenues vary from city to city, depending on commercial development patterns, construction activity and other factors. In Bothell, for example, sales tax is the city’s largest revenue source. In Lynnwood, it accounts for 46% of general fund revenues. In Edmonds, it accounts for roughly 19.3 % of the General Fund. A table with sample cities and their sales tax revenues is listed Packet Page 138 of 280 9 below. The per capita sales tax generated is also included, although a more detailed analysis would need to be done to determine how much of the sales tax revenue is generated by local residents versus visitors. It is simple to state the goal of increasing sales tax revenues, but somewhat more complex when determining how to implement that goal. Many cities have focused on development because of its positive impact on sales and property taxes. Quality development/ redevelopment increases: • Property values, resulting in additional property tax revenues. • Construction activity, which subsequently adds sales tax revenues. • The number of utility customers, resulting in higher consumption and additional utility tax revenues.5 Because Edmonds is largely built out, emphasis in the business districts should be on redevelopment, where appropriate. This does not imply a need for “wholesale” redevelopment of entire districts, but rather an emphasis on realizing growth around important but limited opportunities, such as the Harbor Square and Edmonds Shopping Center areas. On a smaller scale, the recent closure of a gas station at 5th Avenue South and Dayton Street presents an opportunity to close the gap between neighboring uses and encourage pedestrian linkages. Moreover, increased mixed-use development would also benefit the city because “more density equals more customers”, as Hyett Palma pointed out in 1999.6 5 City of Bothell budget revenue narrative 6 Hyett Palma. Edmonds Downtown Economic Enhancement Strategy. P. 16 Table 3: Selected Mid-Size and Small Cities 2005 Population Sales Taxes Per Capita Shoreline 52,740 $ 6,016,940 114$ Kirkland 45,800 $ 14,309,796 312$ Edmonds 39,620 $ 4,746,814 120$ Lynnwood 34,540 $ 17,419,531 504$ Bothell 30,930 $ 8,885,688 287$ Mountlake Terrace 20,390 $ 1,360,097 67$ Mukilteo 19,220 $ 1,814,520 94$ Arlington 14,700 $ 3,683,440 251$ Snohomish 8,585 $ 2,383,186 278$ Port Townsend 8,535 $ 1,591,514 186$ Source: WA State Dept. of Revenue Packet Page 139 of 280 10 The strategy of encouraging redevelopment in all of the business districts falls in line with the geographic distribution of business revenues around the city. Downtown, successful restaurants and retailers occupy many of the ground level commercial units. In the neighborhood business districts, grocery stores, drug stores and convenience retail dominate. On Highway 99, larger “box” retailers, car dealerships, and restaurants bring in substantial revenues. It is important to recognize the significance of the city’s boundaries and commercial districts in and directly adjacent to the city. In the past, Edmonds was given the opportunity to annex large neighboring commercial areas such as the Aurora Village and James Village shopping center developments. In hindsight, this would have been a wise decision from a revenue perspective. While a recent annexation effort in the Esperence section of Snohomish County failed, there may be property owners interested in annexing by petition, such as along Highway 99. This would increase continuity to an important commercial area with complex municipal boundaries. Another consideration pertaining to sales tax generation involves the level of “leakage” in consumer spending, or in other words, what local residents purchase outside of Edmonds. As part of the Berk & Associates consultant study performed for the Highway 99 Task Force in 2004, consumer spending in the collective trade area of Edmonds and Mountlake Terrace was analyzed. They found that residents in the Edmonds and Mountlake Terrace areas combined spend roughly $550 million in other cities each year on retail items (all retail, excluding autos and groceries). 7 While consumer spending patterns are influenced by national economic trends, local municipalities can nonetheless work to address compatible areas of spending leakage. A 1999 survey conducted by Hyett Palma of primary trade area residents found that people chose to come downtown primarily for eating in the restaurants and shopping. The needs of special consumption categories such as these should help guide corresponding recruitment and land use policies in order to maximize the effectiveness of efforts to recapture local spending dollars. For example, design guidelines should ensure that first floor commercial units in the downtown and throughout the city are able to physically accommodate restaurant and retail uses. Parking regulations can further “make or break” a retail and dining district. 7 Edmonds Highway 99 Enhancements Market Assessment, 10-04, page vi Packet Page 140 of 280 11 In 1999, only 5% of the consumer survey respondents reported to come downtown for entertainment8. However, a modest “nightlife” might help attract young professionals, a conclusion drawn by Hyett Palma as well. The arts have a vital role to play; evening “artwalks” and performing arts events are significant draws. Creating business districts with activity into the evening can add a critical mass of potential consumers during the time of the day when Americans spend most of their money. In turn, this might encourage local retailers to stay open later. B. Important regional trends A major regional economic development agenda has been developed by collaboration through the Puget Sound Regional Council. “The Prosperity Partnership” identifies strengths and weaknesses in the Puget Sound economy, and calls for specific “foundation initiatives”: education, technology commercialization, new and small business support, social capital and quality of life, tax structure, and transportation. Edmonds staff and council members have attended meetings of “The Prosperity Partnership”, as Edmonds residents and businesses could clearly benefit from progress in several of these foundation initiatives. While regional efforts continue, many cities around the region are undertaking ambitious economic development projects, from new town centers to transit oriented developments (TOD). These projects typically contain a mix of retail, office and residential uses. For example, Kent Station is a 470,000 square foot retail, entertainment, education, office, and residential project located along the Sounder commuter rail line. The City of Kent had an active role in the development of this project by purchasing property, implementing necessary zoning and land use changes, and soliciting developers. 8 Hyett Palma. Edmonds Downtown Economic Enhancement Strategy. Packet Page 141 of 280 12 C. Developments in neighboring cities Nearby, several major developments will likely affect the Edmonds economy by providing additional consumer options and more competition for businesses. In addition to the actual amenities offered at these locations, sophisticated “branding” and marketing campaigns accompany many of today’s center developments. In 2005, Lynnwood’s Alderwood Mall added a “lifestyle village”, an outdoor shopping area that features upscale stores and dining options. The streetscape setting mimics older, authentic downtowns, such as Edmonds, and represents a widespread trend in mall development today. Lynnwood is also planning to take on significant additional density, and has a 20-year plan for a City Center. Buildings in the entire City Center area would house retail businesses, offices and homes, with heights up to 26 stories or 350 feet. Most of the property is privately held. The city will buy the land for the parks and a promenade, and then allow the zoning and market forces to drive development. Just south of Edmonds, the Aurora Corridor Project is the City of Shoreline’s plan to redesign and redevelop the three miles of Aurora Avenue North (State Route 99) that run through Shoreline. The goal of the plan is to improve pedestrian and vehicle safety, pedestrian and disabled access, vehicular capacity, traffic flow, transit speed and reliability, nighttime visibility and safety, storm water quality, economic investment potential and streetscape amenities. While in an immediate sense, it may result in the dislocation of some businesses, in the long term it will likely result in more center-oriented development and the aggregation of small parcels. While not immediately adjacent to Edmonds, the Mill Creek Town Center has proved to be a significant draw to businesses and consumers from the Edmonds area. The Mill Creek Town Center Plan was initiated by the City in 1993 to implement the City’s Comprehensive Plan for a new mixed-use center in the City’s central core area. The Town Center provides for multi-storied buildings, strategically placed pedestrian plazas and parking facilities organized around a new street pattern that provides connections to adjacent neighborhoods and the existing commercial core. Today, several hundred thousand feet of retail and office space have been constructed, with anchor tenants such as Central Market and the University Book Store. Packet Page 142 of 280 13 III. Economic Development Goals and Policies A. Edmonds’ current strengths, weaknesses and opportunities (SWOT) relating to economic development In preparation of considering the goals and policies for economic development in Edmonds, a SWOT analysis was used as a planning tool to provide direction. Strengths Picturesque waterfront community Identifiable neighborhoods and business centers Mass transit Downtown specialty retailers and food establishments Events and festivals Historic buildings Reputation as an arts community Stevens Hospital International business community Strong social capital/ community pride Generally low rates of unemployment and poverty Weaknesses Limited trade area due to waterfront location State B&O tax structure implications on small business communities Land use and parking regulations in the business districts Multiple property owners and small lots in commercial areas outside the downtown BC zone Opportunities Use location and “character” to leverage additional economic development, nurturing and recruiting locally-owned, unique businesses to enhance our advantage. Build on the existing transit hub and future Edmonds Crossing multi- modal station with transit-oriented development. Packet Page 143 of 280 14 Maximize the impact of the Edmonds Center for the Arts by developing the 4th Avenue Arts Corridor, by linking it to Main Street shops and restaurants. Leverage telecommunication/ technology assets to provide better service for customers and new revenue sources for the city. Plan and implement improvements in regulation around the business districts. Threats Lifestyle villages and new town centers in nearby cities Wider variety of housing options and more commercial space elsewhere Lack of design guidelines/ regulations to protect quality first floor commercial space Business recruiters from other cities targeting Edmonds businesses. Lack of a long-term vision for sustaining or improving the Edmonds quality of life with projected revenues. B. Goals and Policies Goal: 1. Foster a healthy business community that provides employment and other economic opportunities. Policies 1a. Promote a results-oriented permit and licensing process, which consolidates review timelines, eliminates unnecessary steps, and maintains a strong customer service approach. 1b. Develop or maintain business recruitment programs, and create a tool box of incentives to encourage retail and other commercial development. 1c. Encourage and expand business expansion and retention programs. 1d. Develop a local purchasing policy that gives prioritizes doing business with locally-owned companies, if within a range of price competitiveness. 1e. Consider public relations tools to increase awareness of the local business community, such as annual small business awards. Packet Page 144 of 280 15 1f. Continue to partner with business and economic development organizations, and address feedback from the business community. Goal: 2. Revitalize the city’s business districts, balancing redevelopment, preservation and the need for consumer amenities. Policies 2a. Adopt land use policies, zoning, and design guidelines that are supportive of responsible economic development. 2b. Strengthen neighborhood business centers through community planning and commercial revitalization, resulting in new regulations that will spur development. 2c. Revise parking requirements, especially downtown, to encourage business development. 2d. Develop land use regulations that will encourage Transit Oriented Development (T.O.D.) in the Harbor Square and “Old Safeway” area. 2e. Explore options such as Business Improvement Districts/ Areas (special assessment districts) as a way to help shopping areas fund marketing and beautification in a sustainable fashion. 2f. Continue to support an historic preservation program that works to identify and preserve historic architectural, archeological and cultural resources for future generations. 2g. Utilize incentives and the historic preservation building code to encourage property owners to register eligible historic buildings. 2h. Work to identify and “brand” distinct business districts, where there is a natural synergy, such as the Highway 99 International District, the Stevens Hospital Medical Corridor, and the 4th Avenue Arts Corridor. 2i. Create synergy for commercial businesses where possible, for example, by implementing a “retail core” area in the downtown. 2j. Provide a quality environment with character for patrons and residents to enjoy. Packet Page 145 of 280 16 Goal 3. Diversify the tax base and increase revenues to support local services. Policies 3a. Address barriers to redevelopment in the business districts, and encourage mixed-use development. 3b. Leverage technology assets, such as existing fiber connections, to pursue new revenue streams. 3c. Implement regulations and/or design guidelines that will ensure the development of quality retail and commercial space that can physically accommodate a variety of future users. 3d. Focus recruitment and “buy local” community marketing on consumer spending segments in which there is significant “leakage”, and also a strong possibility of recapturing spending. 3e. Pursue private and public grant or sponsorship funding for programs, where possible. 3f. Encourage longer hours of business operation and/or more evening uses in the business districts to add options during “peak” hours of consumer spending. 3g. Expand tourism efforts to take advantage of regional trends, such as nature tourism. Goal 4. Strengthen the quality of life and vitality of the community for residents, workers and visitors to enjoy. Policies 4a. Develop a housing strategy that plans for a variety of housing options, both in design and affordability, around the city. Consider housing options for artists. 4b. Promote the visitor/tourism sector. Sustain and develop facilities that attract tourists, conferences, professional training, sporting events and other recreational opportunities. Packet Page 146 of 280 17 4c. Consider building incentives that may encourage environmentally-friendly construction (or LEED certified), a percent set-aside for the arts, public spaces, and affordable housing. 4d. Provide leadership on technology issues in order to ensure that Edmonds residents and businesses have fast, affordable service. 4e. Foster an open and accepting community culture that respects diversity. 4f. Expand social, cultural, artistic, recreational and other learning activities for all generations. 4g. Strive to improve communications with the public. Packet Page 147 of 280 18 C. Implementation The policies in this document were constructed to provide a supportive foundation for future economic development projects, legislation and decisions. Implementing the city’s policies will require cooperative involvement on the part of the City Council, Mayor, commissions and boards, committees, and staff. In the past, several studies have recommended a number of strategies for implementation, and yet few of these recommendations have actually been realized. At the same time, the city’s long term financial outlook has only worsened. It is therefore imperative that real progress be made in setting the course for economic development in Edmonds. Phased implementation could be achieved through a series of legislative actions and ongoing administrative services. Legislative The City Council ultimately decides on many land use and other regulations that greatly affect the ability for economic development to take place. As the policy-making body, the City Council must also act in the best interest for Edmonds residents and businesses today - and far into the future. This involves balancing immediate community feedback, the results of expert studies, staff recommendations, and the need for long term vision and planning for Edmonds’ future financial picture and quality of life. In the spring of 2006, the City Council formed an Economic Development Committee, which acts as the liaison between the City Council and the Economic Development Director. The Committee works to ensure that the Council as a whole has a deeper understanding of the economic development issues facing the City. As described in this Economic Development Element, a great deal of economic development involves “setting the stage” for economic growth to occur in a way that will enhance the community. Currently, a number of studies and community planning efforts are either underway or were recently completed that recommend revisions to various zoning regulations. Below are the short term implementation action items for the City Council. • Adopt design guidelines that ensure quality commercial space; • Resolve downtown zoning and height regulations consistent with an expressed vision; Packet Page 148 of 280 19 • Approve recommended reforms stemming from the work of the Highway 99 Task Force; • Study and approve updated Comprehensive Plan language and zoning regulations for the neighborhood business districts; • Study and adopt a package of incentives for use in business recruitment and retention efforts; and • Adopt a local purchasing policy, setting a priority for doing business with local companies, if within a specified range of price competitiveness. Services While staffing at the City of Edmonds has been streamlined significantly due to budgetary constraints in recent years, the city also recognizes that economic development contributes positively to the revenue outlook, local employment, and the quality of life for residents. The city should provide adequate resources for the following services to implement economic development in Edmonds: • Long-range planning for commercial areas • Site selection assistance and business recruitment • Community marketing • Business expansion and retention efforts • Public relations involving economic development • Data collection and analysis In cooperation with the city, the Greater Edmonds Chamber of Commerce is also involved in economic development through a special subcommittee and the many festivals and business networking services that contribute positively to the local economy. Where relevant, the City of Edmonds should work in collaboration with the Greater Edmonds Chamber of Commerce and other business groups, local economic development stakeholders, and regional alliances to further the economic development policies outlined in this Economic Development Element. Packet Page 149 of 280 Draft Minutes Economic Development Commission December 17, 2014 Page 1 CITY OF EDMONDS ECONOMIC DEVELOPMENT COMMISSION December 17, 2014 The Citizens Economic Development Committee meeting was called to order at 6:02 p.m. by Chair Witenberg in the Brackett Room, 121 5th Avenue North, Edmonds. COMMISSIONERS PRESENT Bruce Witenberg, Chair Kevin Garrett, Vice Chair Jenny Antilla Nicole Hughes Jamie Reece John Rubenkonig Michael Schindler Rich Senderoff Douglas Swartz Teresa Wippel COMMISSIONERS ABSENT John Dewhirst Darrol Haug Roger Hertrich Debbie Matteson Doug Purcell Darlene Stern PLANNING BOARD LIAISON Phil Lovell ELECTED OFFICIALS PRESENT Councilmember Kristiana Johnson PORT OF EDMONDS LIAISON David Preston STAFF PRESENT Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Cindi Cruz, Program Coordinator Rob Chave, Planning Manager Jeannie Dines, Recorder PUBLIC PRESENT Jeff Sherrer 1. OPENING REMARKS Chair Witenberg introduced new Commissioner Jenny Antilla and she described her background and interest in the EDC. Chair Witenberg announced Commissioners Dewhirst, Matteson and Stern have excused absences. 2. AMENDMENTS TO AGENDA - NONE 3. APPROVAL OF ECONOMIC DEVELOPMENT COMMISSION MINUTES OF NOVEMBER 19, 2014 COMMISSIONER SCHINDLER MOVED, SECONDED BY COMMISSIONER REECE, TO APPROVE THE MINUTES OF NOVEMBER 19, 2014. MOTION CARRIED UNANIMOUSLY. 4. STATUS OF COMPREHENSIVE PLAN UPDATE, DEVELOPMENT CODE UPDATE AND CIP/CFP Packet Page 150 of 280 Draft Minutes Economic Development Commission December 17, 2014 Page 2 Planning Manager Rob Chave Council reported the Council approved the Capital Facilities Plan/Capital Improvement Program and the 2015 budget at last night’s meeting. Of note to the EDC, the Council authorized $100,000 to match funds they are requesting from the legislature for an alternatives analysis of ferry/emergency conflicts. The Council also included $100,000 in the budget for a Planned Action on Highway 99 which would fund planning work and ultimately environmental review of land use and transportation improvements on Highway 99. That effort, coupled with recent changes the Council made to encourage more housing on Highway 99, will position Edmonds to capture development occurring in the region. The Council also authorized an $110,000 contract with a team of consultants led by Makers to work on the development code update during 2015. The code update is a multiyear project; the City Council will consider providing additional funds at the end of the year to complete the code update. The consultants have already begun work. Mr. Chave reported the Planning Board is currently reviewing the Land Use and Utility elements. The City Council is reviewing the Housing Element followed by the Land Use and Utilities Elements and is holding hearings on each element. Chair Witenberg reported the City Council left downtown restrooms in the CFP but did not appropriate any funds in 2015 for temporary downtown restrooms. 5. DISCUSSION AND FEEDBACK ON THE DRAFT GOALS AND POLICIES OF THE ECONOMIC DEVELOPMENT ELEMENT OF THE COMPREHENSIVE PLAN Economic Development and Community Service Director Patrick Doherty explained the previous Economic Development Plan has not been updated since it was adopted in December 2006. The deadline for updating the entire Comprehensive Plan is June 2015. Due to the constrained timeline, staff is revising elements rather than starting over. The Economic Development Element is a policy document, the background for the regulatory framework. Mr. Doherty recalled the EDC agreed the Business Enhancement Subgroup would provide initial revisions to the goals and policies. The draft provided to the EDC includes his and the subgroup’s proposed revisions as well as additional input from Commissioner Senderoff. Following tonight’s meeting he will prepare the entire element which includes the goals and policies as well as the narrative and implementation. The element will be presented to the Planning Board for review and public comment at their January 28 meeting. Commissioners can comment on the Economic Development Element as individuals to the Planning Board. Commissioners reviewed the goals and policies and provided the following suggestions/comments: • Add fiber optics in Strengths • Add shortage of tourist facilities/lack of infrastructure to support tourism (accommodations, restrooms, wayfinding) to Weakness • List of Weaknesses is short, there may be additional items in the narrative • Add specialty retail and restaurants to International Business Community in Strengths to indicate why it is a strength and identify concentration on Highway 99 • Determine whether to use intermodal or multimodal throughout document • Add free parking to Strengths • Add “recognized” to events and festivals under Strengths • Add electric car charging station to Strengths • Concern the wording of some opportunities are policy language versus action • Add opportunities on Highway 99 such as big properties, good visibility due to traffic volume, transit Packet Page 151 of 280 Draft Minutes Economic Development Commission December 17, 2014 Page 3 • Add opportunities provided by ferry traffic on SR 104 to Opportunities • Add glossary of terms • Add Port of Edmonds as partner in economic development to Strengths • Add policy recognize Port’s role in economic development • Add accessible public waterfront and pedestrian connections to Strengths • Add waterfront amenities to Strengths • Add continue to make waterfront more accessible as a goal • Identify business districts in narrative • Add parks to Strengths • Add Dive Park to Strengths • Consider whether to include 4th Avenue Corridor in Policy 2f • Expand language in Policy 5g • Reword Goal 4 • Add quality of life to Strengths • Consider referencing impeded access to waterfront from increase in train traffic in SWAT analysis • Rephrase 4e to address economic development • Add to Policy 2c accommodating a wide range of housing options to enhance use of commercial • Add flowers as a Strength • Include parks and recreational facilities in 5f Commissioners and staff discussed signage on SR 104 for restaurants near the ferry holding lanes, services provided by fiber optics versus cable, Comprehensive Plan as a vision with broad categories, concern with use of the word “appropriate” in the document, whether 4th Avenue Corridor is a business district, and revisions that have been made to B&B regulations. Mr. Doherty reported Salish Crossing has signed leases with Top Pot Donuts and Spud Fish & Chips. Top Pot plans to use a mobile app to take orders. 6. TOURISM AND VISITOR SUB GROUP UPDATE Commissioner Garrett reported the subgroup discussed downtown restrooms and the position paper approved by the EDC. Commissioner Dewhirst made a presentation regarding downtown restrooms to a downtown group who was very supportive. The City’s tourism website has been launched; during the first quarter of 2015, consideration will be given to other opportunities for providing information about the City to people visiting the region. The subgroup also brainstormed 2015 projects/efforts. The subgroup meets every other month; their next meeting will be in February. 7. BRAINSTORM IDEAS TO CONSIDER FOR 2015 Commissioners’ brainstorming identified the following ideas: • Leakage: survey current business types and needs, target businesses to recruit (UW study regarding Westgate had a list of community needs) • Identify physical areas/business districts that would promote economic development • Encourage small pharmacy, Doc in a Box • Strategies for engaging businesses on Highway 99, particularly International District businesses • Business-oriented website for recruitment and investment • Analyze how waterfront businesses can be enhanced • Food trucks – waterfront, Yost Park, City Park • Downtown gathering place Packet Page 152 of 280 Draft Minutes Economic Development Commission December 17, 2014 Page 4 • Village green on 4th Avenue at Dayton to anchor the south end of the 4th Avenue Corridor • Targeted code amendments • UW Green Futures Lab study on Five Corners • Advocate for a boutique hotel downtown and other lodging facilities particularly near the hospital • Enhanced effort on liaison program • Review 25 items in SAP related to economic development and consider how to move them forward • Capture ferry traffic tourism • Talk with WSF about ferry reservation system • Explore increasing the number of gas stations in the City to increase gas tax It was agreed to review the ideas at the next meeting and determine which subgroup would pursue them. 8. COUNCIL LIAISONS' COMMENTS Councilmember Johnson reported on Council activity: • Adopted CIP/CFP and 2015 budget o Council allocated $100,000 for matching funds for an alternatives study o Council allocated $100,000 for Highway 99 planning • Adopted Legislative Agenda for 2015 which includes $1.25 million for the alternatives analysis and $10 million to implement a Highway 99 Gateway project • Adopted Social Media policy • Reappointed Doug Swartz and appointed Jenny Antilla to the EDC • Agreed to move forward with a Diversity Commission. A task force is being formed to determine what the commission should address. • Approved the Edmonds Downtown Alliance’s Work Plan and the LTAC’s Work Plan • Added the Schumacher Building to the Edmonds Register of Historic Places • Received an update on the SAP • Completed review of the Shoreline Master Program • Presentation from PSRC regarding regional impacts of the proposed terminal at Cherry Point (Commissioner Rubenkonig left the meeting at 7:52 p.m.) 9. PLANNING BOARD UPDATE Planning Board Member Phil Lovell reported on Planning Board activities: • Reviewing Comprehensive Plan Elements, currently reviewing the Land Use and Utilities Elements. • Identified two Student Representatives; one will finish in 2014 and the second will start in 2015 • Extended agenda includes: o Economic Development Element (January) o Transportation and Cultural and Urban Design Elements (February) o Street Tree Plan and Streetscape Plan (March) o Transportation Element (March) o Capital Facilities Element (May) • Public hearing on entire Comprehensive Plan (June) • Elected Neil Tibbott as Chair and Phil Lovell as Vice Chair 10. PORT OF EDMONDS UPDATE - None 11. MISCELLANEOUS Packet Page 153 of 280 Draft Minutes Economic Development Commission December 17, 2014 Page 5 Chair Witenberg reported Councilmember Peterson will be leaving his Council position next month to represent District 21 in the State Legislature. He acknowledged Councilmember Peterson’s contribution and his support of the EDC. He also thanked Commissioner Purcell for his service on the EDC including his contributions to the Business Enhancement Subgroup. 12. AUDIENCE COMMENTS Jeff Sherrer commented on the economic impact Edmonds Community College’s large student population has on the City. He suggested partnering with Edmonds Community College on something that would draw students. He pointed out the Economic Development Element does not mention reaching beyond the City’s borders such as a Sister City Program. 13. ADJOURN With no further business, the meeting was adjourned at 8:03 p.m. Packet Page 154 of 280 DRAFT Planning Board Minutes February 11, 2015 Page 2 Board Member Stewart complimented Ms. Hope on the good Director’s Report. She said she appreciates learning about the activities that are going on in the City and in other jurisdictions. The information is helpful to the Board’s discussion and decision making process. Chair Tibbott asked if anyone had visited the new Hawk Crossing Signal that was recently installed on SR-104. Board Member Stewart said she used the signal with a group of people and found it works very well. Vice Chair Lovell said he has also traveled by vehicle past the signal, but there was no one waiting to cross. He pointed out that lights flash when someone is waiting to cross to alert vehicular traffic to stop. It was noted that the City’s website includes a link that provides instructions on how the signal works. Chair Tibbott commented that it is likely this type of signal will be used in other locations throughout the City in the near future. DISCUSSION ON ECONOMIC DEVELOPMENT ELEMENT OF 2015 COMPREHENSIVE PLAN UPDATE Mr. Doherty distributed colored copies of the Goals and Policies Section of the Economic Development Element, which tracks the changes that have been made to date. He advised that substantial changes were made to the narrative portion of the Economic Development Element, and providing a document that tracks the changes would have resulted in numerous pages for the Board to review. However, it is available upon request. Mr. Doherty reviewed that the existing Economic Development Element was approved in 2006 and is the oldest and least updated element of the Comprehensive Plan. The proposed revisions constitute a substantial rewrite of the element. He reported that a working subcommittee of the Economic Development Commission (EDC) reviewed the Goals and Policies Component and it was presented to the entire EDC for review and input on December 17th. The Goals and Policies Component includes a Strengths, Weaknesses, Opportunities and Threats (SWOT) Analysis, which was also the subject of the EDC’s review and comment. About 90% of the EDC’s comments were incorporated into the draft goals and policies. Mr. Doherty explained that while much of the text in the Draft Economic Development Element is new or revised, the preexisting format was followed to be consistent with the other elements in the Comprehensive Plan. He reviewed that the draft element was broken into the following sections:  Introduction and Discussion of Economic Development. This component is intended to enshrine the City’s goals, policies and strategies for growing the local economy in order to enhance the quality of life. It makes it clear that programs and activities are intended to broaden and strengthen the local tax base, provide a greater range of goods and services, and provide employment and entrepreneurial opportunities.  The Edmonds Economy. This component is comprised of four basic sections: Population, Employment, Retail Sales, and City Revenues and Sustainability. The Population Section provides information on total population, average age, ethnic make-up, households, household income, and labor force population. The summary of conclusions from the Population Section include: o The population growth lags countywide averages. o The labor force population is a smaller percentage than in similar sized cities. o The retiree population is relatively larger than average. o The household income is relatively higher than average. o The higher-income retirees, as a substantial component of the overall population, may create a sizeable cohort with disposable income and leisure time. o There is potential for turnover in housing stock in the next 10 to 15 years, converting to couples and young families, creating increased demand for certain goods and services. This turnover is from senior population who move from large homes. o The generally more affluent population creates demand for a wide variety of goods and services, but not all of that is captured in Edmonds. o The higher-priced housing creates a demand for more affordable housing options. Packet Page 155 of 280 DRAFT Planning Board Minutes February 11, 2015 Page 3 The Employment Section provides information on jobs per capita, size of the labor force, and jobs per sector. The summary of conclusions from the Employment Section include: o The services sector is and will continue to be the largest, especially the health care sector. o The retail sector provides potential for growth, both in sales and employment o The education; government; finance, insurance and real estate (FIRE) and Wholesale Trade and Utilities (WTU) sectors are expected to remain stable. o The manufacturing sector is currently small, but the artisanal industries are rising. o There is a substantial gap between residents in the labor force (21,174) and in-city jobs (13,149). o Only 20% of the labor force works in Edmonds, meaning that approximately 17,000 residents commute away for work and approximately 8,900 commute into Edmonds to fill the jobs not taken by the City’s residents. Given the higher average income in Edmonds, the fact that only 20% of the work force can find jobs in Edmonds suggests that the higher paying jobs to sustain people are not found in Edmonds. Conversely, of the 9,000 jobs in Edmonds, most are in the low paying service sector. Because of housing costs, people who occupy these jobs cannot live in Edmonds. This suggests two goals in planning. First, the need to seek more high paying jobs through economic development; and second, the need to seek more affordable housing for people who occupy jobs at the lower level of income. The Retail Sales Section provides information regarding the top retail sales sectors, taxable retail sales per capita, and retail sales “leakage” by category. The average retail sales expenditures are based on the number of households in Edmonds, the average income of those households, and the City’s geographic location. The summary of conclusions for the Retail Sales Section include: o Edmonds captures 84% of the total anticipated retail sales per capita. o Vehicle sales, which draw people from outside of Edmonds, skew the data. Extracting vehicle sales leaves only 51% of anticipated retail sales per capita. o There is almost a 50% leakage of potential non-vehicle sales. o Non-vehicle retail sectors could provide substantial growth potential. The City Revenues and Sustainability Section provides information on the relationship between City revenue, provision of services and quality of life; the municipal revenue by source (almost 75% derived from taxes); and the split between sales and property taxes as compared with other cities. It points out that Edmonds relies more on property tax. The summary of conclusions for the City Revenues and Sustainability Section include: o Recapturing of even a modest amount of retail sales leakage could yield much needed sales tax revenue. o Appropriate new development or redevelopment would provide a one-time “new construction” property tax, adding to the future property tax revenue baseline. It would also provide sales tax from construction materials and activities, as well as sales and utility tax from new residents, workers, etc.  Economic Development Goals and Policies. This component is based on the SWOT Analysis. The staff and EDC worked through the SWOT Analysis and placed particular emphasis on identifying new opportunities. Highlights of the opportunities include: o Leveraging the City’s wonderful amenities and “character” for business growth. o Leveraging arts community and the Edmonds Center for the Arts (ECA) for economic impact. o Leveraging telecommunications/technology assets. o Planning and implementing infrastructure improvements. Tie improvements where they will see commensurate development and uses. o Working with property owners and developers to pursue appropriate redevelopment, including hospitality, in key locations such as Highway 99, Westgate, and the fringe of downtown. o Expanding and enhancing tourism. This component outlines the following goals: Packet Page 156 of 280 DRAFT Planning Board Minutes February 11, 2015 Page 4 o Goal A – Foster a healthy business community that encourages appropriately-scaled growth and investment that offers a wide range of goods and services, provides employment and enhances revenues. o Goal B – Revitalize and enhance the City’s business districts, balancing the needs for housing, commerce and employment development with neighborhood character, amenities and scale. o Goal C – Diversify and grow the City’s economic make up to reduce sales leakage, attract spending from nearby communities, enhance local employment, and increase municipal tax revenues to support local services. o Goal D – Support and enhance the community’s quality of life for residents, workers and visitors in order to sustain and attract businesses and investment and enhance economic vitality. Not only is quality of life important for those who are already live in Edmonds, it is also important to attract new businesses and retain existing businesses. Quality of life is also important to attract new people to live in Edmonds and be part of the economy. o Goal E – Expand and enhance the tourism sector to attract outside spending to help fuel the local economy. This is an entirely new goal.  Implementation. This component discusses measures, resources and programs that can implement the various goals and policies, including staff support, outreach and activities; legislative actions; City expenditures; activities and programs by Port of Edmonds; programs by Edmonds Community College; and collaborative efforts between the Chamber, City and others. The City adopted a Strategic Action Plan (SAP) in 2013, and Strategic Objective 1 calls for “creating economic health, vitality and sustainability. In addition, 22 of the 88 action items in the SAP relate directly to economic development, including both short-term (3-5 year) actions and long-term (5-10 year) actions. An implementation plan for the SAP will be presented to the City Council during the first quarter of 2015. Success of the City’s economic development efforts can be difficult to pinpoint and measure because economic growth or decline may be more tied to regional and national economic cycles than the City’s efforts. Nevertheless, progress can be measured to some degree. Staff is recommending two basic performance measures to officially track and measure employment. First, annual employment growth (or decline) is trackable via State and U.S. census data. Not only would the City track the number of jobs in Edmonds, but the number of jobs that are filled by Edmonds residents and the number of Edmonds residents who work outside the City. In addition, Snohomish County growth targets have assigned 2,269 new jobs to Edmonds for the planning horizon of 2035, and the City can measure employment both in absolute terms and in relation to this target number. Vice Chair Lovell referred to written comments he previously submitted about the need to increase affordable housing stock and emphasize and protect the desirability of Edmonds. He said he believes his concerns have all been addressed via the summaries that were provided at the end of each section. The document clearly emphasizes the concept of working both ends to the middle when looking at the statistics, dichotomy and incongruent aspects of the City. The fact that the City has higher incomes and higher housing costs leads to the conclusion that people are going elsewhere to get higher paying jobs. Conversely, the lower paying, service-oriented jobs do not pay enough for people to afford the high cost of housing in Edmonds. He expressed his belief that the City needs to put more focus on affordable housing. He said he would like to see the conclusions relative to the statistics incorporated into the element so people can have a clear understanding of the situation. Mr. Doherty pointed out that, as currently drafted, each component of the Economic Development Element provides a summary paragraph of what can be concluded from the data and statistics. Board Member Nelson noted that the report identifies the percentage of people leaving and coming into the City for jobs, but identifying the actual numbers would make the situation clearer. Board Member Stewart suggested that the language should place more emphasis the City’s unique location on the waterfront, as well as its other incredible environmental assets. She recalled that, a few years ago, some members of the EDC were strong proponents of environmental sustainability and spoke on behalf of the environment enough to create a balance in the discussion. For example, the EDC discussed the need to attract and promote clean, green industry within the City. She suggested it would be appropriate to add language relative to environmental sustainability and social equity. As an example, she referenced the City of Shoreline’s language that includes the goal of “incorporating environmental quality and social equity into economic development as part of a Triple Bottom Line approach to sustainability.” The City of Bellingham also has language to ensure that economic growth is balanced so that the community values of environmental quality and social Packet Page 157 of 280 DRAFT Planning Board Minutes February 11, 2015 Page 5 equity are addressed. She summarized that, if the City wants to be progressive in its thinking, it must include environmental sustainability and social equity in a more clear fashion so that people know the City understands and is trying to address the problem. While the City has housing opportunities (multi-family units) to meet the needs of the young professionals who are unmarried, many of them leave the City when they have a family and want to purchase a single-family home. The existing housing stock is older, and properties are being snatched up for redevelopment into mega mansions that are more expensive. This eliminates the affordable unit that was there before. Mr. Doherty pointed out that Goal D calls for a balance between the quality of life and economic development. Perhaps this goal could be enhanced, and an additional policy could be added that makes reference to the balance between environmental goals, sustainability, and social equity. He also pointed out that the SWOT Analysis lists some of the City’s strengths and attributes (i.e. picturesque waterfront community, distinct neighborhood business districts, historic downtown, and arts community), and other elements of the Comprehensive Plan talk about the wonderful attributes of the City, as well. Again, he agreed to fashion a new policy for Goal D that touches on the more succinct balance between economic development and recognizing environmental, sustainable and social equity issues. The Board agreed that would be appropriate. The Board discussed the Introductory Section of the Economic Development Element, which explains why economic development is important. Mr. Doherty said Board Member Stewart is proposing that the following language be inserted before the final paragraph: “In the 21st century, the “Triple Bottom Line” approach is commonly used. This concept was initiated by John Elkington in 1994 and is applied in economies all over the developing world. It integrates economic development with social responsibility and environmental sustainability and is often referred to as the three P’s: People, Planet, Profit. The following measures of “Triple Bottom Line” economics are: vibrant communities (people), health environment (planet), and strong profitability (profit). All these considerations are at the forefront of economic development planning in our City.” Mr. Doherty said staff discussed the language proposed by Board Member Stewart and offered the following verbiage: “In simple terms, economic development has often been thought of as meaning encouraging ‘growth.’ In recent years, more and more communities have been thinking in terms of how economic development fits within a general sustainability framework for the community. For example, some have gravitated toward Triple Bottom Line accounting, which attempts to consider environmental and human factors as well as economic health. An example of another approach is the Circles of Sustainability Framework, which attempts to relate economic prosperity, ecological sustainability, political governance, and cultural engagement to the overall health of the community. Regardless of the specific tools used, the general principle is that economic development is a part of the overall health of the community and must be considered as an integral part of planning for the future—not considered in isolation.” Board Member Stewart commented that staff’s proposed verbiage provides a lot of good information. However, after further consideration, she suggested that both alternatives might be too wordy. She suggested that the following statement would be adequate: “Economic Development is essential to preserving the existing level of service and attaining long-range goals for sustainable growth and community vitality. The City will ensure that economic growth is balanced with other community values of environmental quality and social equity.” Mr. Chave explained that “Triple Bottom Line” is common terminology that is most often used as a reporting tool. He does not necessarily like to use it when talking about sustainability because it infers the notion of balance. Rather than talking about tradeoffs, the intent is to look at the different factors and get them pointing in the same direction. The correct approach is to address economic development while considering the social impacts and how to enhance the environment at the same time. This results in a win/win situation rather than looking for equilibrium. Board Member Cloutier agreed that using the word “balance” implies opposing forces rather than aligning all aspects. Mr. Chave explained that his proposed language was an attempt to get at the notion of a combination rather than a balance of all of the various aspects. It goes beyond the concept of Triple Bottom Line to look at the different ramifications and how they fit together. However, he said he would also support the simplified language recommended by Board Member Stewart. Packet Page 158 of 280 DRAFT Planning Board Minutes February 11, 2015 Page 6 Vice Chair Lovell asked how the City would measure whether they have enough of one component or the other and if the intent is to measure all future development projects based on all three aspects. Board Member Stewart pointed out that there is value in retaining environmental assets on site whenever possible, and dollars values can be attached to the assets. Social equity could be measured, as well. Walkability, access to jobs, etc. are all important aspects of livability. Vice Chair Lovell questioned how the City would be able to convince property owners who want to get the “best bang for their buck” to invest in the preservation of certain environmental aspects of the site. Board Member Stewart said there are educational materials available to educate builders and realtors about the value of preserving the natural environment. Board Member Rubenkonig said she views the introduction as a description of the setting in which the City is looking at economic development, and it is not intended to be a policy or guideline. She supports a general approach that identifies the different aspects that will be considered such as sustainability, political governance, cultural engagement, and Triple Bottom Line. The introductory statement is followed by an analysis of the community’s strengths, weaknesses, opportunities and threats, and then by goals and objectives. Mr. Chave suggested that staff could rework the paragraph to retain the concept but reduce the language down and perhaps provide a diagram. Mr. Doherty said an additional policy could be added to reflect that social equity, environmental sustainability and economic development are all vital components. The Board agreed that would be appropriate. Board Member Robles said that while the information in staff’s alternative is good, perhaps it could be rewritten in the collective tense to make it clear that Edmonds is a community that looks through this lens. He also asked if a distinction could be made between economic development and economic growth. He commented that it has been well established that infinite growth on finite resources is a thing of the past. Also, if economic growth is due to regional and state externalities, he questioned why it needs to be addressed in the City’s Economic Development Element. The plan should define development in terms of things that are important to the City, and economic growth should be left up to other factors. He commented that, unfortunately, there is no accounting system for the intangible items they are talking about. However, it may be to the City’s advantage to define what social, creative and intellectual capital is. If there is no measurement system, they could make one. Board Member Robles voiced concern that the economic development profile glossed over manufacturing. He noted that a lot of things are being manufactured now that would be ideal for the Edmonds environment such as 3-D printing, software development, recording studios, energy production and so forth. This seems like an opportunity that should show up someplace as a way to generate jobs to keep people here and to provide the development that the City seeks to pay its liabilities. Board Member Robles commented that the SWOT analysis is supposed to be the result of a very durable and rigorous process where the truth really comes out. He expressed concern that the SWOT Analysis contained in draft language does not identify any of the threats to the City such as the train, rising sea level, and so forth. He expressed his belief that if the analysis is going to be useful, it must include the threats, along with the strengths, weaknesses and opportunities. Board Member Nelson noted that statistics related to demographics identifies where Edmonds stands in relationship to eight other cities in its lack of diversity. However, there is no analysis attached to illustrate how this information is relevant to economic development. While the plan could recognize diversity in broad terms, Mr. Doherty cautioned against specifically recognizing the lack of diversity at this time. Board Member Nelson said the draft language talks about a retail sales leakage of more than 50%, and it would also be helpful to attach a dollar amount to show what is being lost every year. Mr. Doherty said the draft narrative is intended to set the stage and make the point that vehicle sales skew the data. He does not have any information on how many vehicles were purchased by Edmonds residents. While he could do a dollar amount, he is not sure how much it would help. He emphasized that the 50% number gives a high-level notion that there is room to capture more retail growth. Chair Tibbott said it would be interesting to know the total cost to the City as a result of 50% of sales going to other cities. However, leakage is a difficult economic concept for the City wrap its mind around when it does not know what the opportunities are within Edmonds. For example, could businesses such as Home Depot be duplicated in the City of Packet Page 159 of 280 DRAFT Planning Board Minutes February 11, 2015 Page 7 Edmonds. Mr. Doherty said the City actually has a list by category (Table on Page 102), and the information related to retail sales led to a policy statement that talks about continuing to strive to capture more retail sales. Chair Tibbott said it would be helpful if the document identified some of the City’s opportunities. Mr. Doherty said there are numerous opportunities. For example, there are some large sites, particularly Highway 99, that are underdeveloped and underperforming. There are all sorts of possible development scenarios that could happen in the future such as life style center, mixed-use, office, etc. Any one of these would add retail sales. Mr. Doherty emphasized that the Economic Development Element is a policy level document that sets up the framework that allows the detailed decision making to happen in the future. The next step is to implement the plan via changes to the zoning regulations, etc. For example, if there is a policy to capture more retail business, then regulations should be generous in accommodating that type of use. Although the draft language invites the Board to go further by presenting some of the detail, that is not the level they are at today. Many of these questions will be answered in other documents, code regulations and future actions. Mr. Chave added that there is a difference between the goals and policies in the Comprehensive Plan and the actual implementation steps, which might include a marketing plan, business retention plan, etc. That is when you really get into the details of who the City wants to recruit and/or retain. The Comprehensive Plan is intended to provide guidance as the City figures out future implementation steps. Board Member Rubenkonig asked if the entry of $279,092,756 for estimated actual Edmonds taxable sales in retail categories listed includes internet sales. If not, this should be noted because the leakage share could extend beyond the neighboring local economies. Mr. Doherty said this number represents the tax dollars the City received from retail sales, and he is not sure if the streamline sales tax regulations would capture it down to the City level. He agreed to research the issue and report back. Board Member Nelson suggested that the lack of higher paying jobs and affordable housing options and the lack of diversity should be included on the SWOT Analysis as weaknesses. At the same time, recruiting new businesses that support higher paying jobs and affordable housing options should be identified as opportunities. Board Member Robles observed that the SWOT Analysis could use more work. Board Member Nelson referenced Policy D.3, which calls for pursuing efforts to communicate with the public about the value of economic vitality to sustain the cities quality of life, services and amenities. He commented that failure to communicate and get the public on board early on and truly engaged in the process will sink the City in many things. He suggested that perhaps it should even be a separate goal; or at the very least, it should be highlighted. Mr. Doherty said the EDC emphasized the need to inform the public, not just at this level, but when they get to discussions about zoning provisions, strategic actions, and infrastructure investments. Explaining how these things can become a platform for economic vitality needs to permeate the greater consciousness to a higher degree. Board Member Cloutier recalled that a few years ago, Sustainable Edmonds conducted a study of utility usage in Edmonds. Rough numbers indicated that business and residential structures lose approximately $40 million in gas and electricity. Once this energy is used, it is gone. The Waste Water Treatment Facility and residential homes are the biggest users of gas and electricity in the City, and many of the homes are poorly insulated and water fixtures are inefficient. Improving energy efficiency by just 10% would result in a savings of $4 million for Edmonds residents, and it is estimated that about 50% of this savings would go into the economy. While decreasing utility usage is good for the environment, it also gives increased resilience in the face of the uncertain future of resources. In addition, it increases affordability because people will be required to spend less to heat their homes. He noted there are also opportunities for local power generation such as local solar water heaters and photovoltaic electricity. He summarized that the discussion about utilities affords an opportunity for the City clean up the existing housing stock relative to insulation and water fixtures, in particular. Mr. Doherty agreed there is a connection between sustainability and economic vitality, and he agreed to craft language to add in the appropriate locations to make this point clearer. This would be a referential policy that supports the sustainability element goals and policies, with the ancillary benefit of enhancing economic vitality by the liberated income and/or greater affordability that results. Board Member Cloutier said he would like the Economic Development Element to identify the amount of money spent in the City on electricity, natural gas and water, as well as define the leakage and how much money could be saved. This will make it clear energy efficiency can be an economic opportunity as well as a sustainability Packet Page 160 of 280 DRAFT Planning Board Minutes February 11, 2015 Page 8 opportunity. Mr. Doherty asked if Board Member Cloutier has actual numbers to identify what a reasonable delta would be. Board Member Cloutier said Sustainable Edmonds did an experiment with 10 business owners and 10 homeowners in Edmonds. At zero cost, they each saved between 10% and 15% with no work done at all. Those who actually insulated or took other steps to make their structures more energy efficient were able to save even more. Mr. Doherty suggested that narrative, along with some statistics, could be added in a few places within the element to address how recapturing utility dollars can be a component of economic development. Chair Tibbott said the concept could be expanded on as part of the Utilities Element, as well. The Board agreed that would be appropriate. Board Member Rubenkonig suggested that another strength is that the City is “a community that attracts those of a certain demographic to its amenities, services, and variety of housing stock.” She pointed out that the rate of ownership is higher in Edmonds than in other towns. People choosing to purchase homes in Edmonds should be viewed as a strength. Next, Board Member Rubenkonig suggested that the following be added to the SWOT Analysis as a weakness, “The majority of the City’s labor force spends discretionary income in other economic activity centers such as Seattle, Bellevue and Redmond, which are all locations for jobs with higher income potential.” Mr. Doherty pointed out that not only is the fact that people are leaving the City to find work a weakness, it also results in people spending money outside of Edmonds. Board Member Rubenkonig observed that other weaknesses, which could also be viewed as opportunities, should also be identified in the SWOT Analysis including:  “The infrastructure to support start-up business needs to be identified and strengthened.”  “The virtual business community of Edmonds has low visibility.”  “The perception that Edmonds is not business friendly.”  “The perception that Edmonds does not have infrastructure supporting consistency and predictability in their development activities.” Board Member Rubenkonig suggested that the following be added to the SWOT Analysis as opportunities:  “Leverage beautiful natural setting of the waterfront, marsh and forests with our walkability factor to garner our share of retail outdoor business activities.”  “Recruit businesses to serve the needs of an aging population (i.e. aging in place design and construction companies; personal assistance services; health support services and independent living services).” Mr. Doherty recalled that the EDC tried to make a correlation between the strengths, weaknesses, opportunities and threats in the SWOT Analysis and the goals and policies in the Economic Development Element. For example, an opportunity would be to recruit more businesses to serve the needs of an aging population, and the policy would be to actually recruit the businesses. The opportunities and policies should work together. Board Member Rubenkonig recommended that the first bullet on Page 106 should be separated into two sentences. She also recommended that the following two threats identified in the 2006 SWOT Analysis should be retained in the new analysis:  “Lifestyle village and new town centers in nearby cities.” People are attracted to town centers and the City is losing some of this market share, and there is a perception that other communities have a higher quality of life (living green, walkability, housing variety, etc.). Mr. Doherty said these were perceived threats on the horizon when the last SWOT Analysis was created in 2006. Because this now represents the current situation, it must be considered a weakness rather than a threat. The Board agreed this should be listed as a weakness rather than a threat.  “Wider variety of housing options and more commercial space.” Mr. Doherty agreed that this should remain as a listed threat. Board Member Rubenkonig recalled that when she participated in the Strategic Action Plan process, there was concern that youth and adults continue to leave the City. Because she considers this a threat, she suggested that the following be added to the SWOT Analysis, “Youth and young adults continue to leave the City.” While she knows how wonderful Edmonds is as a Packet Page 161 of 280 DRAFT Planning Board Minutes February 11, 2015 Page 9 place to live, it would be interesting to see how the City ranks compared to other Cities relative to livability. If they are not near the top, it should be considered a threat. Chair Tibbott referred to Board Member Rubenkonig’s comments about virtual businesses and noted that the proposed language includes several references to fiber optic, which is infrastructure for virtual businesses. Board Member Rubenkonig said the fiber optic references are related to the cable the City owns that could provide free internet service to the businesses in Edmonds. However, the current virtual businesses are paying for their subscription to the internet. She suggested that they are talking about two separate issues; one is a service that could support and promote virtual businesses, and the other relates to opportunities to create more virtual businesses. Chair Tibbott asked the Board Members to share their thoughts on whether or not counting employment would be an effective performance measure for the Economic Development Element. If so, then what would be the merits in terms of measuring the progress in economic growth and development in the City? Mr. Doherty said staff is recommending counting employment as a performance measure because there is already a target number for Edmonds called out in the countywide planning policies. With any other measurement, there would be no implicit goal, and the City would have to arbitrarily make one up. Board Member Stewart asked if the employment statistics would include self proprietorships, individuals who are self employed, and individuals who do internet sales. Mr. Doherty said that would be the intent. However, he acknowledged that there will always be some employment that will not be captured in the statistics, but every city would have the same phenomenon. While they will always be reporting with some lack of precision, it will be the same each time. Vice Chair Lovell asked if the employment measurement would count all jobs within the City limits of any nature. Mr. Tibbott answered affirmatively and added that the county will be measuring the number of jobs that are created, as well, so the numbers would be readily available. Mr. Doherty said the City would utilize the state’s employment numbers and the census to count employment on a yearly basis. Mr. Doherty said another option would be to track retail sales, but there is no implicit goal as to how it should grow. Mr. Chave pointed out that retail sales is cyclical in nature and prone to downturns and upturns. Because of this, it would be difficult for the City to establish whether or not the policies in the Economic Development Element are successful. He suggested it makes more sense to use employment as an ongoing measure of success because it is not as cyclical in nature as retail sales. Board Member Cloutier referred to the following four sustainability indicators related to economic development the Board discussed on May 30, 2010:  Have diversity in the business environment. Recognize that the City’s reliance on the auto industry is such a large portion of sales. Work to be more resilient by promoting diversification of businesses. This can be statistically measured by comparing the two leading business sectors against the other retail sales.  Local jobs. This can be measured by calculating the number of people who live and work in Edmonds and working to ramp it up. This effort can increase the quality of life and result in less money spent on commutes.  Goods and services provided locally. This can be measured by calculating the fraction of the goods and services that are provided locally.  Community reputation as supporting businesses. If the City does not have reputation of supporting businesses, the dollars today will not be here tomorrow. Mr. Doherty summarized that the four items listed above represent overarching goals for the business environment, and they are addressed in the proposed plan. Board Member Cloutier agreed, but said it is also important to have metrics in place to measure the City’s success in these four areas. Mr. Doherty explained that, in his role as the City’s Economic Development Director, he will gather as much information as possible and report to both the Planning Board and the City Council. While he is proposing just one performance measure in the Economic Development Element, he would not dismiss the notion that there are other things that could be measured and reported on as appropriate. Board Member Cloutier agreed that the number of performance measures should be minimal. However, he felt there should be at least two specifically called out in the element. Packet Page 162 of 280 DRAFT Planning Board Minutes February 11, 2015 Page 10 Mr. Chave advised that the Economic Development Element would be updated to incorporate the Board’s comments and presented to the City Council for review and a public hearing next week. However, the Board would have an opportunity to continue their discussion at a future meeting. DISCUSSION ON TRANSPORTATION ELEMENT OF 2015 COMPREHENSIVE PLAN UPDATE Mr. Hauss introduced consultant, Don Samdahl, Fehr and Peers, who is working with City staff to update the Transportation Plan and was present to specifically review the goals and policies of the plan. Mr. Hauss explained that the Transportation Plan is an element of the Comprehensive Plan and identifies various transportation improvements and services that need to take place in order to support the projected land use through 2013. The plan was last updated in 2009, and the Growth Management Act (GMA) requires the plan to be updated every six to eight years. The current update project started in October of 2014 and is scheduled for completion in June 2015.   Don Samdahl, Fehr and Peers, Seattle, explained that he would come before the Board several times over the next few months to discuss components of the Transportation Plan, the first being the goals and policies that will set the stage for the rest of the plan. He reminded the Board that all of the planning work will be done consistent with GMA, which includes requirements at the state and regional level. He particularly noted that one area that will be given more emphasis is the new requirement relative to defining Level of Service (LOS) for all modes of transportation. He advised that LOS would be discussed in greater detail when they come back to the Board with a potential list of projects. Mr. Samdahl said he has worked closely with City staff to ensure the transportation goals and polices are consistent with the rest of the Transportation Plan. They also have a lot more emphasis relative to the regional plans such as policies from the Puget Sound Regional Council (PSRC) and the Vision 2040 requirements. In particular, the plan will focus on maintaining, preserving and operating the existing transportation system in a safe and usable state and supporting the regional growth strategies by connecting centers with a highly-efficient multimodal transportation network. Mr. Samdahl pointed out that the current Transportation Plan has 19 goals, 22 objectives, and 132 policies organized in 8 major categories. The proposed document would be streamlined and reduced into the following six goals: 1. Provide a safe and user-friendly travel experience for all users. 2. Build a transportation system that enhances the City’s land-use vision. 3. Be sustainable, both financially and environmentally. 4. Foster an active and healthy community. 5. Create a complete and connected system that offers efficient transportation options. 6. Partner with other entities to create a logical system that integrates within the regional transportation network. Mr. Samdahl advised that some of the 132 policies were combined, some were eliminated because they were redundant, and the remaining policies were embedded within each of the six goals. He invited the Board Members to provide feedback relative to whether the proposed goals and policies are in line with the City’s overall vision, as well as whether there are specific policies that should be changed or removed. Vice Chair Lovell commented that the proposal still identifies a high number of policies; some of them are redundant and many will be difficult for a lay person to understand. Mr. Samdahl acknowledged that there are still opportunities to further streamline the policies, but the size of the document has been reduced by half. Board Member Cloutier asked if it is necessary to have specific policies to state that the City should follow the established policies in the Washington Administrative Code (WAC). Because this is understood, the policies could be eliminated as redundant. Board Member Cloutier expressed his belief that Goals 5 and 6 could be combined. Making a complete, connecting system implies that the City will work with regional partners and neighboring cities. Chair Tibbott expressed his belief that the two goals are different and distinct. Goal 5 refers to connecting pedestrian and bicycle routes within the City, and Goal 6 refers to connecting the City’s system with the regional transportation network. Board Member Cloutier pointed out that there are policies that speak to sidewalks within the City being adequate to connect to all the transportation needs. However, Packet Page 163 of 280    AM-7512     9.              City Council Meeting Meeting Date:02/24/2015 Time:10 Minutes   Submitted For:Rob English Submitted By:Megan Luttrell Department:Engineering Type: Forward to Consent  Information Subject Title Presentation of Code Revision to Chapter 18.80.060 – Driveway and curb cut requirements.   Recommendation Forward the item to the consent agenda for approval at the next Council meeting. Previous Council Action None. Narrative The purpose for this code revision is to change the Type II notification requirement for residential driveways slopes that exceed 14 percent.  Due to the varying topography of the City of Edmonds, staff has been requested on numerous occasions, by applicants, to exceed the 14 percent slope requirement.  In discussions with the police and fire departments they do not have safety concerns with allowing residential driveways to exceed the 14 percent slope requirement. Removing the Type II notification requirement would allow for a quicker permit review time for the applicants as well as eliminating potential delays in obtaining final occupancy approval.                 In addition, modifications to Chapter 18.80.060 have been made to reconfigure/clarify existing regulations to provide a more cohesive code section, as well as to provide consistency between the City’s code and standard details.  Attachments Proposed Driveway Code Update Redlined Driveway Code Update Form Review Inbox Reviewed By Date Engineering (Originator)Robert English 02/19/2015 05:11 PM Public Works Scott Passey 02/20/2015 11:53 AM City Clerk Scott Passey 02/20/2015 11:54 AM Mayor Dave Earling 02/20/2015 12:18 PM Finalize for Agenda Scott Passey 02/20/2015 12:19 PM Form Started By: Megan Luttrell Started On: 02/19/2015 01:52 PM Final Approval Date: 02/20/2015  Packet Page 164 of 280 18.80.060 Driveway and curb cut requirements. A. Permit Required. No person shall begin work on the construction, alteration, repair or removal of any driveway or the paving of any parking strip on any street, alley or other public place in the city, without first obtaining a permit from the public works department . Fees shall be as set forth in Chapter 15.00 ECDC. B. Location. 1. No driveway shall be so located as to create a hazard to pedestrians, bicyclists or motorists or invite or compel illegal or unsafe traffic movements. 2. Unless otherwise approved by the public works director, all driveways including the returns shall be confined within lines perpendicular to the curb line and passing through the property corners. 3. No driveway shall be constructed in such a manner as to be a hazard to any existing street lighting standard, utility pole, traffic regulating device, or fire hydrant. The cost of relocating any such street structure when necessary to do so shall be paid by the abutting property owner. The relocation of any street structure shall be allowed only on approval of the person owning the structure involved. 4. On private property every driveway must provide access to parking structures or access specifically designated for parking purposes requiring the entrance of vehicles. 5. Downtown Business Area. Within the downtown business area of the city as defined in ECDC 17.50.070, vehicular access shall be provided from alleyways for all on-site parking whenever it is practically and reasonably available. No curb cut shall be approved where there is vehicular access to a lot in the downtown area from an existing alleyway unless the applicant demonstrates by substantial evidence that: a. One of the following conditions exist: i. No alleyway exists which would provide reasonable vehicular access to the subject property; or ii. Access from an existing alleyway would substantially impair reasonable access to an abutting public street or utility because of circumstances related to site size, topography or orientation; or iii. Access can be provided from an existing or relocated driveway or curb cut in a manner which preserves or enhances street parking; or iv. Providing access from a point other than the alley would promote traffic safety, or otherwise better promote the purposes of the transportation element of the comprehensive plan. b. The application complies with all other criteria of the community development code. c. In such cases, the city engineer may then consider use of an existing common driveway or other alternative. Only when no other reasonable alternative exists for access to a property will a curb cut be approved which results in the loss of existing on-street parking. No more than one access point per lot will be permitted in the downtown business area. The city engineer’s decision to approve alternative access shall be processed as a Type II project permit application and decision (see Chapter 20.01 ECDC). C. Size and Number. a. Commercial - The standard width for commercial and other nonresidential streets shall be 30 feet. At the application of the applicant, additional width in excess of the established standard may be approved as a staff decision to a maximum width of 40 feet. Such decision shall be made only after notice as a Type II project permit application and decision (see Chapter 20.01 ECDC). Such application shall be approved only if: (a) it conforms to the provisions of the comprehensive plan; (b) is found to be in the public interest when the needs of the applicant are reviewed and balanced in light of the benefits to the general public and the impacts, if any, on the immediate neighborhood; (c) is consistent with or enhances public safety and will not create a hazard to vehicular, pedestrian or bicycle traffic; (d) if the fire chief concur with allowing the increased driveway width. Packet Page 165 of 280 b. Residential Except as otherwise provided, the width of any residential driveway shall be a minimum of 12’ not to exceed 30 feet, exclusive of the radii of the turns, with such measurement being made parallel with the center line of the street. Driveway approaches shall extend from the edge of the existing street a distance of 20 feet or to the edge of the property line, whichever is greater. Approaches shall be constructed of asphalt, concrete pavement, or an equivalent approved material by the city engineer. T The public works director may authorize additional residential driveways and/or width for access driveways necessary for off-street parking or recreational vehicles. D. Driveway Slopes. 1. Driveway slopes shall not exceed 14 percent unless authorized by the public works director or their designee in accordance with the criteria set forth below. 2. The public works director may authorize driveway slopes to exceed 14 percent up to a maximum of 20 percent if he determines that: a. The driveway is the only economical and environmentally reasonable alternative; b. The driveway will not present a traffic, pedestrian, bicycle or safety hazard or otherwise negatively impact public safety; c. The ire chief concur in allowing the increased driveway slope; and d. The public health, safety and general welfare will not be adversely affected. 3. The decision of the public works director shall be in writing and placed in the appropriate city file pursuant to a signed, written statement of finding and conclusions for authorizing the driveway slope to exceed 14 percent. The statement shall also contain the maximum slope authorized up to 20 percent. 4. The decision of the public works director shall be processed as a project permit application. [Ord. 3788 § 11, 2010; Ord. 3736 §§ 31, 32, 2009; Ord. 3302 § 1, 2000; Ord. 3132 § 1, 1997; Ord. 2713, 1989]. Packet Page 166 of 280 18.80.060 Driveway and curb cut requirements. A. Permit Required. No person shall begin work on the construction, alteration, repair or removal of any driveway or the paving of any parking strip on any or adjacent to any street, alley or other public place in the city, without first obtaining a permit from the public works department irector . Fees shall be as set forth in Chapter 15.00 ECDC. B. Location. 1. No driveway shall be so located as to create a hazard to pedestrians, bicyclists or motorists or invite or compel illegal or unsafe traffic movements. 2. Unless otherwise approved by the public works director, all driveways including the returns shall be confined within lines perpendicular to the curb line and passing through the property corners. 3. No driveway shall be constructed in such a manner as to be a hazard to any existing street lighting standard, utility pole, traffic regulating device, or fire hydrant. The cost of relocating any such street structure when necessary to do so shall be paid by the abutting property owner. The relocation of any street structure shall be allowed only on approval of the person owning the structure involved. 4. On private property every driveway must provide access to parking structures or access specifically designated for parking purposes requiring the entrance of vehicles. 5. Downtown Business Area. Within the downtown business area of the city as defined in ECDC 17.50.070, vehicular access shall be provided from alleyways for all on-site parking whenever it is practically and reasonably available. No curb cut shall be approved where there is vehicular access to a lot in the downtown area from an existing alleyway unless the applicant demonstrates by substantial evidence that: a. One of the following conditions exist: i. No alleyway exists which would provide reasonable vehicular access to the subject property; or ii. Access from an existing alleyway would substantially impair reasonable access to an abutting public street or utility because of circumstances related to site size, topography or orientation; or iii. Access can be provided from an existing or relocated driveway or curb cut in a manner which preserves or enhances street parking; or iv. Providing access from a point other than the alley would promote traffic safety, or otherwise better promote the purposes of the transportation element of the comprehensive plan. b. The application complies with all other criteria of the community development code. c. In such cases, the city engineer may then consider use of an existing common driveway or other alternative. Only when no other reasonable alternative exists for access to a property will a curb cut be approved which results in the loss of existing on-street parking. No more than one access point per lot will be permitted in the downtown business area. The city engineer’s decision to approve alternative access shall be processed as a Type II project permit application and decision (see Chapter 20.01 ECDC). C. Size and Number. a. Commercial - The standard width for commercial and other nonresidential streets shall be 30 feet. At the application of the applicant, additional width in excess of the established standard may be approved as a staff decision to a maximum width of 40 feet. Such decision shall be made only after notice as a Type II project permit application and decision (see Chapter 20.01 ECDC). Such application shall be approved only if: (a) it conforms to the provisions of the comprehensive plan; (b) is found to be in the public interest when the needs of the applicant are reviewed and balanced in light of the benefits to the general public and the impacts, if any, on the immediate neighborhood; (c) is consistent with or enhances public safety and will not create a hazard to vehicular, pedestrian or bicycle traffic; (d) if the fire chief concur with allowing the increased driveway width. Formatted: Not Highlight Packet Page 167 of 280 b. Residential Except as otherwise provided, the width of any residential driveway shall be a minimum of 12’ not to exceed 2030 feet, exclusive of the radii of the turns, with such measurement being made parallel with the center line of the street. Driveway approaches shall extend from the edge of the existing street a distance of 20 feet or to the edge of the property line, whichever is greater. Approaches shall be constructed of asphalt, concrete pavement, or an equivalent approved material by the city engineer. The standard width for commercial and other nonresidential streets shall be 30 feet. At the application of the applicant or the city engineer, additional width in excess of the established standard may be approved as a staff decision to a maximum width of 40 feet. Such decision shall be made only after notice as a Type II project permit application and decision (see Chapter 20.01 ECDC). Such application shall be approved only if: (a) it conforms to the provisions of the comprehensive plan; (b) is found to be in the public interest when the needs of the applicant are reviewed and balanced in light of the benefits to the general public and the impacts, if any, on the immediate neighborhood; and (c) is consistent with or enhances public safety and will not create a hazard to vehicular, pedestrian or bicycle traffic. The public works director may authorize additional residential driveways and/or width for three-car garages and for access driveways necessary for off-street parking or recreational vehicles. D. Driveway Slopes. 1. Driveway slopes shall not exceed 14 percent unless authorized by the public works director or their designee in accordance with the criteria set forth below. The decision of the public works director shall be made only after notice as a Type II project permit application and decision. (See Chapter 20.01 ECDC.) 2. The public works director may authorize driveway slopes to exceed 14 percent up to a maximum of 20 percent if he determines that: a. The driveway is the only economical and environmentally reasonable alternative; b. The driveway will not present a traffic, pedestrian, bicycle or safety hazard or otherwise negatively impact public safety; c. The police and fire chief concur in allowing the increased driveway slope; and d. The public health, safety and general welfare will not be adversely affected. 3. The decision of the public works director shall be in writing and placed in the appropriate city file pursuant to a signed, written statement of finding and conclusions for authorizing the driveway slope to exceed 14 percent. The statement shall also contain the maximum slope authorized up to 20 percent. 4. The decision of the public works director shall be processed as a project permit application. and shall be appealable as a Type II appeal under the procedures in Chapter 20.06 ECDC. [Ord. 3788 § 11, 2010; Ord. 3736 §§ 31, 32, 2009; Ord. 3302 § 1, 2000; Ord. 3132 § 1, 1997; Ord. 2713, 1989]. Packet Page 168 of 280    AM-7502     10.              City Council Meeting Meeting Date:02/24/2015 Time:10 Minutes   Submitted For:Bertrand Hauss Submitted By:Megan Luttrell Department:Engineering Type: Forward to Consent  Information Subject Title Presentation of an Interlocal Agreement with the Cities of Lynnwood and Mountlake Terrace on City-wide bicycle improvements Recommendation Forward this item to the consent agenda for approval at a future City Council meeting. Previous Council Action None. Narrative A Verdant grant in the amount of $1.9 M was secured to complete bicycle improvements, such as bike lanes, sharrows, bike route signage, and bike racks, in Lynnwood, Mountlake Terrace, and Edmonds. The proposed projects will complete ten critical missing links of bicycle network (see Exhibits B for details). In addition, bike signage and bicycle parking will be added at key locations and bicycle education and outreach will be provided as part of this program.   The purpose of this agreement is to establish a formal arrangement under which Lynnwood will administer and implement the grant award of the Verdant Grant Funds, design and construct Lynnwood’s components of the project, and distribute grant funds in accordance with the terms of this agreement to Edmonds and Mountlake Terrace (for design and construction of their respective components of the project). Edmonds is responsible for selecting construction contractors to complete Edmonds improvements. All expenditures will be paid directly by Edmonds and submitted to Lynnwood for reimbursement. Verdant funding for Edmonds’ improvements is estimated at $736,381 (see Exhibit A for details). Lynnwood and Edmonds will work together when designing the bicycle corridor on 76 th Ave. W from 208 th St. SW to Olympic View Dr. All the projects are scheduled to be completed within the next three years. Attachments ILA with Cities of Lynnwood & Mountlake Terrace Exhibit A - Project Costs Exhibit B - Missing Links Map Form Review Packet Page 169 of 280 Inbox Reviewed By Date Engineering (Originator)Robert English 02/19/2015 03:19 PM Public Works Phil Williams 02/19/2015 03:20 PM City Clerk Scott Passey 02/20/2015 07:22 AM Mayor Dave Earling 02/20/2015 07:39 AM Finalize for Agenda Scott Passey 02/20/2015 07:41 AM Form Started By: Megan Luttrell Started On: 02/18/2015 03:27 PM Final Approval Date: 02/20/2015  Packet Page 170 of 280 Interlocal Cooperation Agreement for 1 BIKELINK PROJECT 2 between 3 THE CITY OF LYNNWOOD, 4 THE CITY OF EDMONDS 5 and 6 THE CITY OF MOUNTLAKE TERRACE 7 8 THIS INTERLOCAL AGREEMENT (“AGREEMENT”) is entered into under 9 the authority of the Interlocal Cooperation Act, Chapter 39.34 RCW, between the City of 10 Lynnwood (“LYNNWOOD”), a Washington municipal corporation, the City of Edmonds 11 (“EDMONDS”), a Washington municipal corporation and the City of Mountlake Terrace 12 (“MOUNTLAKE TERRACE”), a Washington municipal corporation (collectively “the 13 PARTIES”), to provide for the design, construction and implementation of the BikeLink 14 Project (the “PROJECT,” as further defined below) and to define the PARTIES’ 15 respective rights, obligations, costs and liabilities regarding this undertaking. 16 17 RECITALS 18 19 WHEREAS, Chapter 39.34 RCW authorizes two or more political subdivisions or 20 units of local government of the State of Washington to cooperate on a basis of mutual 21 advantage to provide for services and facilities; and 22 WHEREAS, the PARTIES all seek to make access to health and wellness choices 23 for community members easier by improving the built environment; and 24 WHEREAS, the PARTIES collectively have implemented approximately 23 25 miles of bicycle infrastructure over the past decade; however, many of these bicycle 26 segments have been constructed piecemeal as part of larger capital improvements 27 projects which has resulted in a non‐continuous, segmented bicycle network; and 28 WHEREAS, the PARTIES seek to establish a regional bicycle network with the 29 goal to increase bicycle ridership and reduce the number of traffic collision injuries or 30 deaths; and 31 WHEREAS, the completion of a regional bicycle network that establishes several 32 key north/south and east/west corridor routes and connects major destinations and transit 33 locations will serve the PARTIES’ transportation and recreation purposes; and 34 WHEREAS, in 2014, the PARTIES were jointly awarded $1.9 million in grant 35 funds from the Verdant Health Commission (“VERDANT”) to complete the PROJECT; 36 and 37 WHEREAS, on November 24, 2014 LYNNWOOD, as lead agency for the 38 PROJECT, entered into an Interlocal Agreement with VERDANT (the “VERDANT 39 AGREEMENT”) for the purpose of defining their respective rights, obligations, costs and 40 liabilities regarding the PROJECT; and 41 Packet Page 171 of 280 WHEREAS, pursuant to the VERDANT AGREEMENT, LYNNWOOD will 1 receive a total of $1.9 million from VERDANT in three installments over a period of 2 three years (the “VERDANT Grant Funds”); and 3 WHEREAS, the PARTIES desire to enter into this separate AGREEMENT for 4 the purpose of defining their respective rights, obligations, costs and liabilities regarding 5 this undertaking; and 6 WHEREAS, the PARTIES have selected a qualified design consultant through a 7 competitive process for implementation of the design portions of the PROJECT; and 8 WHEREAS, the City Councils of the City of Lynnwood, City of Edmonds and 9 the City of Mountlake Terrace have taken appropriate action to approve their respective 10 City’s entry into this AGREEMENT; 11 12 NOW, THEREFORE, in consideration of the terms, conditions and covenants 13 contained herein, the PARTIES agree as follows: 14 15 TERMS 16 17 Section 1. Purpose. The purpose of this AGREEMENT is to establish a formal 18 arrangement under which LYNNWOOD will administer and implement the grant award 19 from VERDANT of the VERDANT Grant Funds, design and construct LYNNWOOD’s 20 components of the PROJECT, and distribute grant funds in accordance with the terms of 21 this AGREEMENT to EDMONDS and MOUNTLAKE TERRACE for design and 22 construction of their respective components of the PROJECT. The terms, conditions, and 23 covenants of this AGREEMENT shall accordingly be interpreted to advance the 24 PROJECT. This AGREEMENT further seeks to allocate and define the PARTIES’ 25 respective rights, obligations, costs and liabilities concerning the establishment, operation 26 and maintenance of this undertaking. 27 28 Section 2. Definitions. For the purpose of this AGREEMENT, the following 29 word(s) shall have the following meaning(s): 30 31 The “PROJECT” means the design, construction and implementation of the 32 component items identified in Exhibits A and B, attached hereto, including: 1) complete 33 10 critical missing links (approximately 29,900 linear feet) of the community's bicycle 34 network; 2) install bicycle warning and guide signs; 3) install bicycle parking at key 35 destinations; 4) conduct public education and outreach about bicycle safety, benefits, 36 maps and routes; and 5) conduct pre- and post-usage studies. 37 38 “LYNNWOOD’S IMPROVEMENTS” means the components of the PROJECT 39 listed in Exhibit A, attached hereto, which are identified as an obligation of 40 LYNNWOOD. 41 42 “EDMONDS’ IMPROVEMENTS” means the components of the PROJECT 43 listed in Exhibit A, attached hereto, which are identified as an obligation of EDMONDS. 44 45 Packet Page 172 of 280 “MOUNTLAKE TERRACE’S IMPROVEMENTS” means the components of the 1 PROJECT listed in Exhibit A, attached hereto, which are identified as an obligation of 2 MOUNTLAKE TERRACE. 3 4 Section 3. Term. This AGREEMENT shall be effective upon execution by all of 5 the PARTIES hereto. Unless terminated in accordance with Section 4, this 6 AGREEMENT shall remain effective until the sooner of the following events, when it 7 shall expire automatically: 8 A. When all of the following occur: 9 (1) LYNNWOOD has made its final reimbursement payment to EDMONDS 10 and MOUNTLAKE TERRACE 11 (2) LYNNWOOD has made its final payment for LYNNWOOD’S 12 IMPROVEMENTS, out of the VERDANT Grant Funds 13 (3) LYNNWOOD has returned any remaining VERDANT Grant Funds to 14 VERDANT 15 B. The effective date of the termination, if any, of the VERDANT 16 AGREEMENT for any reason, or 17 C. December 31, 2019. 18 19 The PARTIES may renew and/or extend the term of this AGREEMENT by a written 20 amendment signed by all of the PARTIES in accordance with Section 18 of this 21 AGREEMENT. 22 23 Section 4. Termination. Any PARTY may terminate this AGREEMENT with or 24 without cause by providing the other PARTIES with 30 days written notice of its intent to 25 terminate. Termination or expiration shall not alter the PARTIES’ respective obligations 26 under Section 13 of this AGREEMENT, or to reimburse any Party for work performed 27 on that Party’s Improvements prior to the effective date of termination or expiration. 28 29 Section 5. Miscellaneous Obligations. The PARTIES agree to: 30 31 A. Develop and complete the PROJECT components identified in Exhibits A 32 and B, attached hereto. The PROJECT components listed and depicted in 33 Exhibits A and B are to serve as the guideline for final engineering and 34 design of the PROJECT. PROJECT components shall be separately 35 delegated for implementation to the various PARTIES as identified in 36 detail in sections 6, 7, and 8 of this AGREEMENT. Each PARTY shall 37 complete that PARTY’s separate obligations within the VERDANT Grant 38 Funds amount allocated to that PARTY as identified in Exhibit A and in 39 Sections 6.B, 7.A and 8.A. If at any time a PARTY believes that it cannot 40 complete its separate obligations within the allocated funding, the PARTY 41 shall execute either of the following options: 42 43 (1) Pay for the additional cost with the PARTY’s own funds, and/or 44 45 Packet Page 173 of 280 (2) Submit a request to revise the PROJECT scope as outlined in subsection 1 5.B of this AGREEMENT. 2 3 B. Use VERDANT Grant Funds only on items identified in Exhibits A and 4 B, unless the Party receives written prior authorization by VERDANT. If 5 at any time EDMONDS or MOUNTLAKE TERRACE wishes to revise 6 the scope of the PROJECT, EDMONDS or MOUNTLAKE TERRACE 7 shall notify LYNNWOOD of the requested revision. If LYNNWOOD, in 8 its sole discretion, determines that the requested revision is appropriate, or 9 if LYNNWOOD wishes to revise the scope of the PROJECT, then 10 LYNNWOOD shall submit a scope revision request to VERDANT for 11 VERDANT’S consideration and approval. 12 13 The PARTIES recognize that pursuant to Paragraph 4.1 of the VERDANT 14 AGREEMENT, VERDANT, at VERDANT’s option, may object to any 15 scope revision request if the revision will be materially inconsistent with 16 the PROJECT identified in Exhibits A and B and such inconsistency will 17 substantially interfere with the intended use of the PROJECT for 18 implementing a comprehensive bicycle network. If VERDANT objects to 19 a request for a scope revision, pursuant to Paragraph 4.1 of the 20 VERDANT AGREEMENT, LYNNWOOD shall attempt to resolve 21 VERDANT’S objection within 30 days of VERDANT providing notice to 22 LYNNWOOD of its objection. EDMONDS and MOUNTLAKE 23 TERRACE shall cooperate with and provide reasonable assistant to 24 LYNNWOOD in LYNNWOOD’s attempt to resolve VERDANT’s 25 objection. If LYNNWOOD is unable to resolve VERDANT'S objection 26 within thirty (30) days after receiving such notice, and if the PARTY 27 requesting the scope revision does not elect to proceed with the original 28 scope of the PROJECT, including payment for PROJECT costs in excess 29 of the VERDANT Grant Funds allocated to that PARTY, the PARTIES 30 recognize that VERDANT may execute its option to terminate its funding 31 obligations as outlined in the VERDANT AGREEMENT. 32 33 C. After the PROJECT is complete, and if any VERDANT Grant Funds held 34 by EDMONDS and/or MOUNTLAKE TERRACE have not been 35 expended on PROJECT costs, EDMONDS and/or MOUNTLAKE 36 TERRACE shall return the unexpended VERDANT Grant Funds to 37 LYNNWOOD, who shall return said unexpended Grant Funds, together 38 with any and all unexpended VERDANT Grant Funds held by 39 LYNNWOOD, to VERDANT. 40 41 D. Credit VERDANT in any and all publicity vehicles about the PROJECT, 42 including but not limited to press releases, websites, brochures and fliers. 43 The Verdant Health Commission name and/or logo shall also be featured 44 on wayfinding signs and other bicycling facilities in a manner that is 45 Packet Page 174 of 280 mutually agreeable to VERDANT and the PARTIES and complies with 1 local, state, and federal transportation rules and guidelines. 2 3 E. In the event that the PARTIES utilize an architect or engineer by 4 independent contract or a public works contract to fulfill obligations 5 under this AGREEMENT, the PARTIES shall use their best efforts to 6 obtain whatever warranties are reasonably available and to secure 7 contractual indemnities to protect the PARTIES and VERDANT from 8 liability arising out of the work performed under this AGREEMENT; 9 provided, however, that the PARTIES shall incur no liability arising from 10 this AGREEMENT if the PARTIES are unable to obtain such warranties 11 and indemnities. The PARTIES shall also require such professional or 12 contractor to provide adequate insurance to cover any and all liability 13 incurred during the course of construction of the PROJECT or other 14 implementation of this AGREEMENT. 15 16 17 Section 6. Obligations of LYNNWOOD. LYNNWOOD agrees to: 18 19 A. Act as lead agency for the PROJECT. The PARTIES agree that 20 LYNNWOOD shall directly receive VERDANT Grant Funds as stated in 21 the VERDANT AGREEMENT. LYNNWOOD shall retain the 22 VERDANT Grant Funds in a PROJECT fund until the Grant Funds are 23 distributed to EDMONDS or MOUNTLAKE TERRACE in accordance 24 with Section 9 of this AGREEMENT and until LYNNWOOD expends the 25 Grant Funds to fulfill its separate obligations under this AGREEMENT. 26 27 B. Design, construct and implement LYNNWOOD’S IMPROVEMENTS 28 identified in Exhibit A, attached hereto. This includes but is not limited to 29 securing all necessary consultants, contractors, and subcontractors deemed 30 necessary by LYNNWOOD to complete LYNNWOOD’S 31 IMPROVEMENTS. Pursuant to Section 9 of this AGREEMENT, 32 expenditures related to LYNNWOOD’S IMPROVEMENTS shall be paid 33 directly by LYNNWOOD using VERDANT Grant Funds. VERDANT 34 funding for LYNNWOOD’S IMPROVEMENTS is limited to 35 $1,088,513.00. 36 37 For work not executed with city forces, all construction contracts shall be 38 procured through a formal competitive bidding process consistent with 39 applicable State law and city code. LYNNWOOD shall be solely and 40 exclusively responsible for ensuring the compliance of said bidding 41 process with all applicable procedures required under state and local laws 42 and regulations. 43 44 C. Develop and implement an outreach and education plan identified in 45 Exhibit A under LYNNWOOD’S IMPROVEMENTS. Obtain 46 Packet Page 175 of 280 EDMONDS’ and MOUNTLAKE TERRACE’S approval prior to 1 proceeding with implementation of the plan; provided, that EDMONDS 2 and MOUNTLAKE TERRACE shall not unreasonably withhold approval 3 of LYNNWOOD’S outreach and education plan. 4 5 D. Develop and implement a bike parking installation plan as identified in 6 Exhibit A under LYNNWOOD’S IMPROVEMENTS. Obtain 7 EDMONDS and MOUNTLAKE TERRACE approval prior to proceeding 8 with implementation of the plan; provided, that EDMONDS and 9 MOUNTLAKE TERRACE shall not unreasonably withhold approval of 10 LYNNWOOD’S outreach and education plan. 11 12 E. Conduct a before/after usage study as identified in Exhibit A under 13 LYNNWOOD’S IMPROVEMENTS. Upon completion of the study, 14 LYNNWOOD shall provide the results to EDMONDS and 15 MOUNTLAKE TERRACE. 16 17 F. Review, provide comments on, and in LYNNWOOD’S discretion approve 18 the engineering and design drawings prepared by EDMONDS for the 76th 19 Avenue W (208th Street SW to Olympic View Drive) improvements 20 identified in Exhibit A under EDMONDS’ IMPROVEMENTS; provided, 21 that LYNNWOOD shall not unreasonably withhold its approval of the 22 engineering and design drawings. 23 24 G. Assume sole responsibility for applying for and obtaining any and all 25 regulatory permits necessary to complete LYNNWOOD’S 26 IMPROVEMENTS, including but not limited to SEPA and building 27 permits if applicable. 28 29 H. Provide periodic VERDANT Grant Funds distributions to EDMONDS 30 and MOUNTLAKE TERRACE to reimburse EDMONDS and 31 MOUNTLAKE TERRACE for their costs in design and construction of 32 the EDMONDS IMPROVEMENTS and the MOUNTLAKE TERRACE 33 IMPROVEMENTS pursuant to Section 9 of this AGREEMENT. 34 35 I. Respond promptly to information requests submitted by EDMONDS, 36 MOUNTLAKE TERRACE or their agents regarding the PROJECT. 37 38 Section 7. Obligations of EDMONDS. EDMONDS agrees to: 39 40 A. Design, construct and implement EDMONDS’ IMPROVEMENTS 41 identified in Exhibit A, attached hereto. This includes but is not limited to 42 securing all necessary consultants, contractors, and subcontractors deemed 43 necessary by EDMONDS to complete EDMONDS’ IMPROVEMENTS. 44 Pursuant to section 9 of this AGREEMENT, expenditures related to 45 EDMONDS’ IMPROVEMENTS shall be paid directly by EDMONDS. 46 Packet Page 176 of 280 EDMONDS shall then submit to LYNNWOOD written requests for 1 reimbursement for the expenditures made by EDMONDS for the 2 EDMONDS’ IMPROVEMENTS. VERDANT funding for EDMONDS’ 3 IMPROVEMENTS is limited to $736,381.00. 4 5 For work not executed by city forces, all construction contracts shall be 6 procured through a formal competitive bidding process consistent with 7 applicable State law and city code. EDMONDS shall be solely and 8 exclusively responsible for ensuring the compliance of said bidding 9 process with all applicable procedures required under state and local laws 10 and regulations. 11 12 B. Review and approve the outreach and education plan prepared by 13 LYNNWOOD identified in Exhibit A under LYNNWOOD’S 14 IMPROVEMENTS. Approval shall not be unreasonably withheld. 15 16 C. Review and approve the bike parking installations plan prepared by 17 LYNNWOOD identified in Exhibit A under LYNNWOOD’S 18 IMPROVEMENTS. Approval shall not be unreasonably withheld. 19 20 D. As they become available, submit to LYNNWOOD for comment and 21 approval all engineering and design drawings (at 60% complete, 90% 22 complete, 100% complete, and final bid ready) as determined appropriate 23 by LYNNWOOD for the 76th Avenue W (208th Street SW to Olympic 24 View Drive) improvements identified in Exhibit A. EDMONDS shall 25 provide LYNNWOOD with 30 days to review and provide comments 26 and/or approval on each submittal; provided, that if LYNNWOOD does 27 not provide comments or approval with 30 days of receiving said 28 engineering and design drawings, LYNNWOOD shall be deemed to have 29 approved the engineering and design drawings. EDMONDS shall obtain 30 LYNNWOOD’s approval prior to proceeding with construction of the 76th 31 Avenue W (208th Street SW to Olympic View Drive) improvements; 32 provided, that LYNNWOOD shall not unreasonably withhold its approval. 33 34 E. Submit final engineering and design drawings for the other EDMONDS’ 35 IMPROVEMENTS to LYNNWOOD prior to proceeding with 36 construction. Pursuant to the VERDANT AGREEMENT, LYNNWOOD 37 shall submit the final drawings to VERDANT for approval to proceed 38 with construction. If VERDANT objects or otherwise does not approve 39 the final drawings, LYNNWOOD shall notify EDMONDS within 7 days 40 of receipt of notice of VERDANT’S objection to the final engineering and 41 design drawings. 42 43 F. Assume sole responsibility for applying for and obtaining any and all 44 regulatory permits necessary to complete EDMONDS’ 45 Packet Page 177 of 280 IMPROVEMENTS, including but not limited to SEPA and building 1 permits if applicable. 2 3 G. Submit to LYNNWOOD written invoices for payment of EDMONDS’ 4 IMPROVEMENTS expenditures in accordance with Section 9. 5 6 H. Respond promptly to information requests submitted by LYNNWOOD, 7 MOUNTLAKE TERRACE or their agents regarding the PROJECT. 8 9 Section 8. Obligations of MOUNTLAKE TERRACE. MOUNTLAKE 10 TERRACE agrees to: 11 12 A. Design, construct and implement MOUNTLAKE TERRACE’S 13 IMPROVEMENTS identified in Exhibit A, attached hereto. This includes 14 but is not limited to securing all necessary consultants, contractors, and 15 subcontractors deemed necessary by MOUNTLAKE TERRACE to 16 complete MOUNTLAKE TERRACE’S IMPROVEMENTS. Pursuant to 17 section 9 of this AGREEMENT, expenditures related to MOUNTLAKE 18 TERRACE’S IMPROVEMENTS shall be paid directly by 19 MOUNTLAKE TERRACE. MOUNTLAKE TERRACE shall then 20 submit to LYNNWOOD written requests for reimbursement for the 21 expenditures made by MOUNTLAKE TERRACE for MOUNTLAKE 22 TERRACE’S IMPROVEMENTS. VERDANT funding for 23 MOUNTLAKE TERRACE’S IMPROVEMENTS is limited to 24 $70,783.00. 25 26 For work not executed by city forces, all construction contracts shall be 27 procured through a formal competitive bidding process consistent with 28 applicable State law and city code. MOUNTLAKE TERRACE shall be 29 solely and exclusively responsible for ensuring the compliance of said 30 bidding process with all applicable procedures required under state and 31 local laws and regulations. 32 33 B. Review and approve the outreach and education plan prepared by 34 LYNNWOOD identified in Exhibit A under LYNNWOOD’S 35 IMPROVEMENTS. Approval shall not be unreasonably withheld. 36 37 C. Review and approve the bike parking installations plan prepared by 38 LYNNWOOD identified in Exhibit A under LYNNWOOD’S 39 IMPROVEMENTS. Approval shall not be unreasonably withheld. 40 41 D. Submit MOUNTLAKE TERRACE’S IMPROVEMENTS final 42 engineering and design drawings to LYNNWOOD prior to proceeding 43 with construction. Pursuant to the VERDANT AGREEMENT, 44 LYNNWOOD shall submit the final drawings to VERDANT for approval 45 to proceed with construction. If VERDANT objects or otherwise does not 46 Packet Page 178 of 280 approve the final drawings, LYNNWOOD shall notify MOUNTLAKE 1 TERRACE within 7 days of receipt of notice of VERDANT’S objection 2 to the final engineering and design drawings. 3 4 E. Assume sole responsibility for applying for and obtaining any and all 5 regulatory permits necessary to complete MOUNTLAKE TERRACE’S 6 IMPROVEMENTS, including but not limited to SEPA and building 7 permits if applicable. 8 9 F. Submit to LYNNWOOD written invoices for payment of MOUNTLAKE 10 TERRACE’S IMPROVEMENTS expenditures in accordance with Section 11 9. 12 13 G. Respond promptly to information requests submitted by LYNNWOOD, 14 EDMONDS or their agents regarding the PROJECT. 15 16 Section 9. Payment Schedule. The PARTIES agree to the following billing and 17 payment schedule: 18 19 A. For expenditures incurred by EDMONDS or MOUNTLAKE TERRACE 20 for the design, construction and implementation of the EDMONDS’ 21 IMPROVEMENTS or MOUNTLAKE TERRACE’S IMPROVEMENTS, 22 EDMONDS and/or MOUNTLAKE TERRACE shall, within 60 days of 23 the date EDMONDS and/or MOUNTLAKE TERRACE are billed or 24 invoiced for any undisputed charge by its consultants, contractors and 25 subcontractors, submit a reimbursement request to LYNNWOOD for said 26 expenditures. EDMONDS or MOUNTLAKE TERRACE shall (1) 27 include copies of invoices clearly indicating how expenditures relate to the 28 EDMONDS’ IMPROVEMENTS or MOUNTLAKE TERRACE’S 29 IMPROVEMENTS, and (2) provide LYNNWOOD a brief written 30 progress report with each reimbursement request, describing in reasonable 31 detail all work performed on EDMONDS’ IMPROVEMENTS and/or 32 MOUNTLAKE TERRACE’S IMPROVEMENTS during the period 33 covered by the reimbursement request. 34 35 B. Within 60 days of receiving any undisputed reimbursement request 36 pursuant to subsection 9.A, LYNNWOOD shall tender payment to 37 EDMONDS and/or MOUNTLAKE TERRACE in the form of a check, 38 money order or other certified funds for the reimbursement request; 39 PROVIDED THAT: 40 41 (1) The total payment by LYNNWOOD for reimbursement requests 42 submitted by EDMONDS and/or MOUNTLAKE TERRACE shall not 43 exceed the amounts identified in subsections 7.A and 8.A respectively; 44 and 45 46 Packet Page 179 of 280 (2) If EDMONDS or MOUNTLAKE TERRACE fail to submit an expense 1 invoice in a timely manner, the time for EDMONDS’ or MOUNTLAKE 2 TERRACE’S reimbursement shall be extended as is reasonably necessary 3 to comply with budget and state auditor guidelines as may be applicable. 4 5 C. Consistent with Section 6 of this AGREEMENT and with the VERDANT 6 AGREEMENT, LYNNWOOD shall pay all costs and expenses incurred 7 by LYNNWOOD for the design, construction and implementation of 8 LYNNWOOD’S IMPROVEMENTS directly from the VERDANT Grant 9 Funds; provided, that the total payments from the VERDANT Grant 10 Funds shall not exceed the amount identified in subsection 6.B. 11 12 D. In the event that the PARTIES disagree regarding any expenses incurred 13 by the PARTIES regarding the PROJECT, the PARTIES may agree to 14 submit the question for resolution by a mediator or arbitrator acceptable to 15 the disagreeing PARTIES. 16 17 Section 10. Construction Project Acceptance. Upon satisfactory completion of 18 EDMONDS’ IMPROVEMENTS, EDMONDS shall notify LYNNWOOD in writing of 19 such. Upon satisfactory completion of MOUNTLAKE TERRACE’S IMPROVEMENTS, 20 MOUNTLAKE TERRACE shall notify LYNNWOOD in writing of such. Upon 21 satisfactory completion of LYNNWOOD’S IMPROVEMENTS by LYNNWOOD and 22 after LYNNWOOD has received completion notices from EDMONDS and 23 MOUNTLAKE TERRACE, LYNNWOOD shall notify VERDANT of PROJECT 24 completion. 25 26 Section 11. Ownership and Disposition of Property. Upon completion of the 27 PROJECT, PROJECT IMPROVEMENTS constructed pursuant to this AGREEMENT 28 shall become and remain the exclusive property of the jurisdiction in which those 29 IMPROVEMENTS are located. 30 31 Section 12. Administration; No Separate Entity Created. Pursuant to RCW 32 39.34.030, the PARTIES hereby appoint a Contract Administrator who will be 33 responsible for administering this AGREEMENT, and at the direction of the PARTIES, 34 this Contract Administrator shall take such action as is necessary to ensure that this 35 AGREEMENT is implemented in accordance with its terms. The PARTIES hereby 36 designate the LYNNWOOD Public Works Director, or the Director’s designee, as the 37 Contract Administrator for this AGREEMENT. No separate legal entity is formed by this 38 AGREEMENT. 39 40 Section 13. Release, Indemnification and Hold Harmless Agreement. Each 41 PARTY to this AGREEMENT shall be responsible for its own negligent and/or wrongful 42 acts or omissions, and those of its own officials, agents, employees, representatives or 43 subcontractors, to the fullest extent required by laws of the State of Washington. Each 44 PARTY agrees to protect, indemnify and save the other PARTIES harmless from and 45 against any and all such liability for injury or damage to the PARTIES or the other 46 Packet Page 180 of 280 PARTIES’ property, and also from and against all claims, demands, and causes of action 1 of every kind and character arising directly or indirectly, or in any way incident to, in 2 connection with, or arising out of the performance of this AGREEMENT, caused by its 3 own negligence or wrongful acts or omissions or that of its officials, agents, employees, 4 representatives or subcontractors; provided, that the indemnifying PARTY’S obligation 5 to indemnify, defend and hold harmless the other PARTIES for claims caused by or 6 resulting from the concurrent negligence or wrongful acts or omissions of the PARTIES 7 shall apply only to the extent of the negligence or wrongful acts or omissions of the 8 indemnifying PARTY. 9 10 Each PARTY specifically promises to indemnify the other PARTIES against 11 claims or suits brought under Title 51 RCW by its own employees, contractors, or 12 subcontractors, and waives any immunity that each PARTY may have under that title 13 with respect to, but only to, the limited extent necessary to indemnify the PARTIES. 14 This waiver has been mutually negotiated by the PARTIES. Each PARTY shall also 15 indemnify and hold the other PARTIES harmless from any wage, overtime or benefit 16 claim of any of the first PARTY’S employees, agents, representatives, contractors or 17 subcontractors performing services under this AGREEMENT. Each PARTY further 18 agrees to fully indemnify the other PARTIES from and against any and all costs of 19 defending any such claim or demand to the end that the other PARTIES are held 20 harmless therefrom. 21 22 Section 14. Governing Law and Venue. This AGREEMENT shall be governed 23 by the laws of the State of Washington. Any action arising out of this AGREEMENT 24 shall be brought in Snohomish County Superior Court. 25 26 Section 15. No Employment Relationship Created. The PARTIES agree that 27 nothing in this AGREEMENT shall be construed to create an employment relationship 28 between the PARTIES and any employee, agent, representative or contractor of the 29 PARTIES. 30 31 Section 16. Notices. Notices to LYNNWOOD shall be sent to the following 32 address: 33 34 City of Lynnwood 35 Deputy Public Works Director / City Engineer 36 19100 44th Avenue W., P.O. Box 5008 37 Lynnwood, WA 98046-5008 38 39 Notices to EDMONDS shall be sent to the following address: 40 41 City of Edmonds 42 City Engineer 43 121 Fifth Avenue N. 44 Edmonds, WA 98020 45 46 47 48 Packet Page 181 of 280 Notices to MOUNTLAKE TERRACE shall be sent to the following address: 1 2 City of Mountlake Terrace 3 Engineering Services Director 4 6100 219th Street SW, Suite 200 5 Mountlake Terrace, WA 98043-2222 6 7 Section 17. Duty to File Agreement With County Auditor. LYNNWOOD shall, 8 after this AGREEMENT is executed by all PARTIES, file this AGREEMENT with the 9 Snohomish County Auditor. 10 11 Section 18. Integration. This document constitutes the entire embodiment of the 12 Agreement between the PARTIES, and, unless modified in writing by an amendment to 13 this AGREEMENT signed by the PARTIES hereto, shall be implemented as described 14 above. 15 16 Section 19. Non-Waiver. Waiver by any PARTY of any of the provisions 17 contained within this AGREEMENT, including but not limited to any performance 18 deadline, shall not be construed as a waiver of any other provisions. 19 20 21 CITY OF LYNNWOOD 22 23 24 By: 25 Nicola Smith, Mayor 26 27 Date: 28 29 ATTEST: 30 31 ___________________________________ 32 Art Ceniza, Assistant City Administrator 33 34 APPROVED AS TO FORM: 35 36 ___________________________________ 37 Rosemary Larson, City Attorney 38 39 40 CITY OF EDMONDS 41 42 43 By: 44 Dave Earling, Mayor 45 46 Date: 47 Packet Page 182 of 280 1 ATTEST: 2 3 ___________________________________ 4 Scott Passey, City Clerk 5 6 APPROVED AS TO FORM: 7 8 ___________________________________ 9 Sharon Cates, Office of the City Attorney 10 11 12 CITY OF MOUNTLAKE TERRACE 13 14 15 By: 16 Arlene Fisher, City Manager 17 18 Date: 19 20 ATTEST: 21 22 __________________________________ 23 Virginia V. Olsen, City Clerk 24 25 APPROVED AS TO FORM: 26 27 __________________________________ 28 Gregory G. Schrag, City Attorney 29 Packet Page 183 of 280 Item Agency Design Const.Total 52nd Ave W - 212th to 208th (Bike Lanes)Lynnwood $40,151 $53,507 $93,658 200th St SW - 68th to SR99 (Bike Lanes)Lynnwood $26,383 $65,834 $92,217 200th St SW - 50th to 48th (Bike Lanes/widening/sidewalk)Lynnwood $50,841 $192,655 $243,496 48th Ave W - 200th to 196th (Bike Lanes/widening)Lynnwood $30,510 $107,102 $137,612 48th Ave W - 196th to 194th (Bike Lanes)Lynnwood $24,614 $48,137 $72,751 48th Ave W - 194th to 183rd (Bike Lanes/Sharrows)Lynnwood $25,412 $56,123 $81,535 212th St SW - Hwy99 to 63rd (Bike Lanes)Lynnwood $15,095 $42,964 $58,059 Improved Bicycle Signing (existing routes, 168th, OVD, 176th, 44th, 188th, 68th, 200th, 208th, 212th, 52nd, cedar valley)Lynnwood $20,100 $77,000 $97,100 Improved Bicycle Signing (Interurban Trail and proximity)Lynnwood $23,346 $88,739 $112,085 Bike Parking installations Multi -$20,000 $20,000 Before/After Usage Study Multi $30,000 -$30,000 Outreach & Education Multi $50,000 -$50,000 Total $336,452 $752,061 $1,088,513 Item Agency Design Const.Total 212th St SW - 84th to Hwy99 (Bike Lanes/Sharrows)Edmonds $49,385 $140,556 $189,941 76th Ave W - 208th to OVD (Bike Lanes)Multi $59,436 $196,355 $255,791 76th Ave W - 220th to 208th (Bike Lanes)Edmonds $31,133 $102,853 $133,986 220th St SW - 84th to 76th (Bike Lanes)Edmonds $20,195 $66,715 $86,910 Dayton/9th/Bowdoin (Bike Route Signing)Edmonds $3,000 $7,000 $10,000 9th/80th (Bike Route Signing)Edmonds $1,500 $3,500 $5,000 Improved Bicycle Signing (existing routes, 220th, 76th)Edmonds $4,500 $17,000 $21,500 Improved Bicycle Signing (Interurban Trail and proximity)Edmonds $6,926 $26,327 $33,253 Total $176,075 $560,306 $736,381 Item Agency Design Const.Total 220th/56th (Bike Route Signing)MLT $2,000 $5,000 $7,000 Improved Bicycle Signing (existing routes, 236th, Cedar way, 228th, 52nd)MLT $4,400 $16,900 $21,300 Improved Bicycle Signing (Interurban Trail and proximity)MLT $8,848 $33,634 $42,483 Total $15,248 $55,534 $70,783 Grand Total $527,775 $1,367,901 $1,895,676 Rounded $530,000 $1,370,000 $1,900,000 EXHIBIT A - BikeLink Lynnwood's Improvements Edmonds' Improvements Mountlake Terrace's Improvements Packet Page 184 of 280 ALDERWOOD MALL EDMONDSWATERFRONT TRANSIT CENTER TRANSIT CENTER SWEDISHEDMONDSHOSPITAL Interu r b a n T r a i l Suns e t A v e n u e EDMONDSCOMMUNITYCOLLEGE MOUNTLAKE TERRACEREC CENTER LYNNWOOD CIVICCENTER Olymp i c View D r i v e 176th St SW 168th St SW 188th St SW 208th St SW 212th St SWBowdoin Dayton 5t h A v e S 220th St SW 9t h A v e S 76 t h A v e W 52 n d A v e W 52 n d A v e W 148th St SW 36 t h A v e W 164th St SW Al d e r w o o d Ma l l P k w y 40 t h Av e W 44 t h A v e W 48 t h A v e W 68 t h a v e W SI E R R A DR 80 t h S t S W 76 t h A v e W 236th St SW C e d a r W a y 228thSt SW 230thSt SW 200th St SW Lakeview Drive 56 t h A v e W EDMONDS LYNNWOOD MOUNTLAKE TERRACE BRIER ?¿ !"`$%&e( ?Î ?Ì ?Ä BikeLink Exhibit B ËLegend Existing Bike Facilities - 23 miles High School Hospital District 2 Interurban Regional Trail - 13 miles Community Destinations BikeLink - 10 miles Soon To Be Completed - 6 miles(Non BikeLink) Packet Page 185 of 280    AM-7501     11.              City Council Meeting Meeting Date:02/24/2015 Time:10 Minutes   Submitted For:Jerry Shuster Submitted By:Megan Luttrell Department:Engineering Type: Forward to Consent  Information Subject Title Presentation of a grant agreement with the State Recreation and Conservation Office (RCO) for $157,331 for the Preliminary Design and Environmental Permitting of the Willow Creek Daylighting Project Recommendation Forward this item to the consent agenda for approval at the March 3, 2015 Council meeting. Previous Council Action On November 20, 2012, the Council authorized the Mayor to sign a $67,113 grant agreement from the RCO for the Early Feasibility Study for the Willow Creek Daylighting project/Edmonds Marsh Restoration Project.    On February 18, 2014, the Council Authorized the Mayor to a sign $200,000 grant agreement from the RCO for the Final Feasibility Study for the Willow Creek Daylighting project/Edmonds Marsh Restoration Project.  Narrative The City of Edmonds will use this grant to complete the preliminary design and permitting for the project that will improve the connection of Edmonds Marsh to Puget Sound through Willow Creek, which currently flows through a system of buried pipes and vaults built in the 1960s. Restoring an open channel connection from the marsh to Puget Sound will give salmon access to the marsh for rearing.   The City will complete the Final Feasibility for the Willow Creek Daylighting project in the 3nd quarter of 2015. This schedule incorporates the on-going Marina Beach Master Planning project that will include reconfiguring the park to accommodate the future daylighted channel.  The next step in the daylighting project is preliminary design and permitting. This phase will also include continued discussion with BNSF Railway, Unocal/Chevron, Washington State Ferries, and the Port of Edmonds to ensure its successful completion.   In August 2014, the City applied to the RCO for additional funding to complete the Feasibility Study.  In December 2014, RCO awarded the City $157,331 this project.  This grant is from the Puget Sound Acquisition and Restoration Fund (PSAR). The grant is part of more than $18 million given to organizations around the state for projects that restore and protect salmon habitat This grant will add $157,331 to the Stormwater Capital Fund. The grant requires an 18.69% match by the City ($36,160). The matching money plus additional funding for other improvements in the area will be Packet Page 186 of 280 funded from the Stormwater Capital Fund. Attachments Grant Agreement Form Review Inbox Reviewed By Date Engineering (Originator)Robert English 02/19/2015 02:16 PM Public Works Phil Williams 02/19/2015 02:20 PM City Clerk Scott Passey 02/19/2015 02:50 PM Mayor Dave Earling 02/19/2015 05:15 PM Finalize for Agenda Scott Passey 02/20/2015 07:23 AM Form Started By: Megan Luttrell Started On: 02/18/2015 02:53 PM Final Approval Date: 02/20/2015  Packet Page 187 of 280 14-1299P Salmon Project Agreement Salmon Funding Accounts City of Edmonds Project Number:Project Sponsor: 12/4/2014Approval Date:Willow Creek Daylighting Preliminary DesignProject Title: PARTIES OF THE AGREEMENTA. This project grant Agreement (Agreement) is entered into between the State of Washington by and through the Salmon Recovery Funding Board (SRFB) and the Recreation and Conservation Office, P.O. Box 40917, Olympia, Washington 98504-0917 and City of Edmonds (sponsor), 121 5th Ave N, Edmonds, WA 98020 and shall be binding on the agents and all persons acting by or through the parties. This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor for the project named above. B. PURPOSE OF AGREEMENT C. DESCRIPTION OF PROJECT City of Edmonds will use this funding to prepare preliminary designs for the daylighted channel connection of Edmonds Marsh to Puget Sound by reconfiguring Willow Creek connection under BNSF railroad and across Marina Beach. Permit applications will be completed during this project phase, and the project team will continue negotiations with adjacent landowners regarding project design elements. The overall goal is restoration of Edmonds Marsh, a remnant barrier estuary located in the nearshore within the City of Edmonds (WRIA 8). This future restoration action is being designed to benefit juvenile Chinook salmon. Preliminary Design deliverables will align to the requirements in Manual 18 Appendix D-2. The full scope of the future Edmonds Marsh restoration involves: 1) construction of a ‘daylight’ tidal channel connection from Edmonds Marsh to Puget Sound, 2) improvement of fish passage barrier issues and tributary connectivity upstream of the marsh complex, 3) eradicating invasive species, and 4) addressing potential water quality and flooding issues from urban stormwater runoff. In addition, the project will address access and recreation opportunities, economic and social value of a restored ecosystem in terms of climate change and sea-level rise preparedness, carbon sequestration capacity, and economic value of ecosystem services. This project builds upon previous planning grants (11-1553 and 13-1107) focused on feasibility and conceptual design alternatives for the marsh restoration project. The project reimbursement period shall begin on December 4, 2014 and end on June 30, 2017. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement or specifically provided for by RCFB and/or SRFB policy or WAC. Requests for time extensions are to be made at least 60 days before the Agreement end date. If the request is made after the Agreement end date, the time extension may be denied. The sponsor has obligations beyond this period of performance as described in Section E. D. PERIOD OF PERFORMANCE E. ON-GOING OBLIGATION The Project Sponsor's on-going obligation for the project shall be the same as the Period of Performance period identified in Section D. The total grant award provided by the funding board for this project shall not exceed $157,331.00. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board’s percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the sponsor toward work on this project at a minimum shall be as indicated below: F. PROJECT FUNDING Percentage Dollar Amount $157,331.00 81.31%SRFB - Salmon Federal Projects 18.69%Project Sponsor $36,160.00 Total Project Cost $193,491.00 100.00% PROJAGR.RPT Salmon Funding Accounts Page 1 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 188 of 280 All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, as now existing or hereafter amended, including the sponsor’s application, eligible scope activities, project milestones, and the Standard Terms and Conditions of the project Agreement, all of which are incorporated herein. Except as provided herein, no amendment/deletions of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such amendment/deletions must be signed by both parties except the RCO director may unilaterally make amendments to extend the period of performance. Period of performance extensions need only be signed by RCO’s director or designee. G. RIGHTS AND OBLIGATIONS This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 77.85 RCW, Chapter 420 WAC, and published agency policies, which are incorporated herein by this reference as if fully set forth. H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES I. SPECIAL CONDITIONS a) Cultural Resources The cultural resources assessment was completed for a portion of the site (the marina beach property) under a prior phase of the project and is attached in PRISM. The future restoration project will be subject to the National Historic Preservation Act, Section 106, but preliminary designs may require additional ground disturbing activities for geotechnical and other investigations. In order to be exempt from Governor’s Executive Order 05-05 Archaeological and Cultural Resources (EO 05-05) as described in Section 9 of this project agreement, sponsor must have an archaeologist monitor any ground disturbing activities necessary for design development, and incorporate observations and results into the Cultural Resources Assessment that will be prepared for the Section 106 consultation. Please note, in order for a future RCO funded restoration project to be exempt from EO 05-05, the Section 106 Area of Potential Effect (APE) must include all ground-disturbing activities (e.g., restoration staging area, riparian planting areas). The sponsor is encouraged to work with the federal permitting agency to align the Section 106 APE with the scope of work subject to a future RCO funded restoration project proposal. If the APE does not include all ground-disturbing activities proposed for RCO funding, RCO will need to initiate cultural resources consultation following EO 05-05 for those activities not included in the federal APE. b) Design and Restoration Project Deliverables: The project will meet the standards for Design and Restoration Project Deliverables described in Manual 18 (2014) Appendix D-2 “Preliminary Design Deliverables”. The following must be submitted to RCO: 1) Preliminary Design Deliverables (See Appendix D-2 for additional details): a) Preliminary Design Report, Drawings, and Engineering Cost Estimate; b) Design Review Comments c) Permit Applications J. FEDERAL FUND INFORMATION A portion or all of the funds for this project are provided through a federal funding source. Funds provided from the US Dept of Commerce must be reported under CFDA #11.438 - PCSRF and Award Number NA14NMF4380297 for federal fiscal year 2014. If the sponsor’s total federal expenditures are $750,000.00 or more during the sponsor’s fiscal-year, the sponsor is required to have a federal single audit conducted for that year in compliance with Office of Management and Budget Circular A-133. A copy of the final audit report must be provided to RCO within nine months of the end of the sponsor’ s fiscal year, unless a longer period is agreed to in advance by the cognizant or oversight agency. Failure to provide required A-133 audits will lead to a suspension of payments and may lead to a suspension of RCO Agreements. PROJAGR.RPT Salmon Funding Accounts Page 2 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 189 of 280 PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications and notices under this Agreement will be addressed and sent to at least the mail address or the email address listed below if not both: Project Contact 121 5th Ave N Edmonds, WA 98020 Address: Title: Jerry ShusterName: Natural Resources Building PO Box 40917 Olympia, Washington 98504-0917 K. SRFB Recreation and Conservation Office Jerry.Shuster@edmondswa.govEmail: These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. M.EFFECTIVE DATE This Agreement, for project 14-1299P, shall be subject to the written approval of the RCO’s authorized representative and shall not be effective and binding until executed by both the Sponsor and the RCO. Reimbursements for eligible and allowable costs incurred within the period of performance identified in Section D above are allowed only when this Agreement is fully executed and an original is received by RCO. City of Edmonds Assistant Attorney General By: Title: Date: Pre-approved as to form: By: /s/ Name: (printed) State of Washington On behalf of the Salmon Recovery Funding Board (SRFB) Date:By: Kaleen Cottingham Director Date: The sponsor/s has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement. The signators listed below represent and warrant their authority to bind the parties to this Agreement. June 7, 2013 PROJAGR.RPT Salmon Funding Accounts Page 3 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 190 of 280 Standard Terms and Conditions of the Project Agreement Table of Contents Page SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS…………………………………………………...6 SECTION 2. PERFORMANCE BY THE SPONSOR…………………………………………………………… SECTION 3. ASSIGNMENT………………………………………………………………………………………. SECTION 4. RESPONSIBILITY FOR PROJECT………………………………………………………………. SECTION 5. INDEMNIFICATION………………………………………………………………………………… SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR…………………………………………….... SECTION 7. CONFLICT OF INTEREST………………………………………………………………………… SECTION 8. ACKNOWLEDGMENT AND SIGNS……………………………………………………………… SECTION 9. COMPLIANCE WITH APPLICABLE LAW……………………………………………………… SECTION 10. HAZARDOUS SUBSTANCES……………………………………………………………………. SECTION 11. RECORDS…………………………………………………………………………………………... SECTION 12. TREATMENT OF ASSETS………………………………………………………………………... SECTION 13. RIGHT OF INSPECTION…………………………………………………………………………... SECTION 14. STEWARDSHIP AND MONITORING……………………………………………………………. SECTION 15. DEBARMENT CERTIFICATION………………………………………………………………….. SECTION 16. PROJECT FUNDING………………………………………………………………………………. SECTION 17. PROJECT REIMBURSEMENTS…………………………………………………………………. SECTION 18. ADVANCE PAYMENTS…………………………………………………………………………… SECTION 19. RECOVERY OF PAYMENTS…………………………………………………………………….. SECTION 20. CONVENANT AGAINST CONTINGENT FEES………………………………………………... SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND RESTORATION PROJECTS………………………………………………………………………. SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS…………………………………… SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES……………………………………………………….. SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS………………………………………………………………………. SECTION 25. INCOME AND INCOME USE…………………………………………………………………….. SECTION 26. PREFERENCES FOR RESIDENTS…………………………………………………………….. 8 8 10 10 11 7 7 7 7 7 13 13 12 11 11 11 10 10 10 9 9 9 8 12 13 PROJAGR.RPT Salmon Funding Accounts Page 4 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 191 of 280 SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS………………………………………………………………………………………… SECTION 28. LIABILITY INSURANCE REQUIRMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS…………………………………………………………. SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE……………………………………... SECTION 30. FARMLAND PRESERVATION ACCOUNT……………………………………………………. SECTION 31. ORDER OF PRECEDENCE……………………………………………………………………... SECTION 32. AMENDMENTS……………………………………………………………………………………. SECTION 33. LIMITATION OF AUTHORITY…………………………………………………………………… SECTION 34. WAIVER OF DEFAULT…………………………………………………………………………… SECTION 35. APPLICATION REPRESENTATIONS - MISREPRESENTATIONS OR INACCURACY OR BREACH……………………………………………………………….. SECTION 36. SPECIFIC PERFORMANCE…………………………………………………………………….. SECTION 37. TERMINATION……………………………………………………………………………………. SECTION 38. DISPUTE HEARING……………………………………………………………………………… SECTION 39. ATTORNEYS’ FEES……………………………………………………………………………... SECTION 40. GOVERNING LAW/VENUE……………………………………………………………………... SECTION 41. SEVERABILITY…………………………………………………………………………………… 16 16 15 15 15 14 14 14 14 14 13 14 15 15 16 PROJAGR.RPT Salmon Funding Accounts Page 5 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 192 of 280 14-1299P Standard Terms and Conditions of the Project Agreement City of Edmonds Project Number:Project Sponsor: 12/4/2014Approval Date:Willow Creek Daylighting Preliminary DesignProject Title: SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS A.Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in the future. B.Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C.Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: acquisition -The purchase of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. Agreement - The accord accepted by all parties to the present transaction; this Agreement, any supplemental Agreements, any amendments to this Agreement and any intergovernmental Agreements. applicant - Any agency or organization that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the funding Board. application - The documents and other materials that an applicant submits to the RCO to support the applicant’s request for grant funds; this includes materials required for the “Application” in the RCO’s automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. asset - Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this Agreement. This definition is restricted to non-fixed assets, including but not limited to vehicles, computers or machinery. cognizant or oversight agency - Federal agency responsible for ensuring compliance with federal audit requirements. contractor - Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this project under a separate Agreement with the sponsor. The term "contractor" and "contractors" means contractor(s) in any tier. development - The construction of or work resulting in new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation, salmon recovery or habitat conservation resources. director - The chief executive officer of the Recreation and Conservation Office or that person’s designee. elements, items and worktypes - Components of the funded project as provided in the project description. funding board - The board that authorized the funds in this Agreement, either the Recreation and Conservation Funding Board (RCFB) created under chapter 79A.25.110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter 77.85.110 RCW. grantee - The organizational entity or individual to which a grant (or cooperative agreement) is awarded and signatory to the Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the grant-supported project or activities. landowner agreement - A landowner agreement is required between a SRFB and/or RTP project sponsor and landowner for projects located on land not owned, or otherwise controlled, by the sponsor. lower tier participant - refers to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any grantee, subgrantee, or contractor of any grantee or subgrantee from the original sponsor funded by RCO. milestone - An important event with a defined deadline for an activity related to implementation of a funded project. period of performance - The time period specified in the Agreement, under Section D, period of performance. project - The undertaking that is the subject of this Agreement and that is, or may be, funded in whole or in part with funds administered by RCO on behalf of the funding board. RCO - Recreation and Conservation Office - The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW. reimbursement - Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation - The activities intended to improve an existing site or structure in order to increase its service life or functions. This does not include maintenance activities. restoration -Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of a site. RTP - Recreational Trails Program - A federal grant program administered by RCO that allows for the development and maintenance of backcountry trails. secondary sponsor - one of two or more eligible organizations that sponsors a grant-funded project. Of these two sponsors, only one - the primary sponsor - may be the fiscal agent. sponsor - The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its officers, employees, agents and successors. subgrantee - The government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided. PROJAGR.RPT Salmon Funding Accounts Page 6 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 193 of 280 The sponsor, and secondary sponsor where applicable, shall undertake the project as described in this Agreement, post evaluation summary, the sponsor's application, and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the funding board. All submitted documents are incorporated by this reference as if fully set forth herein. The Order of Precedence is covered in Section 31. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. SECTION 2. PERFORMANCE BY THE SPONSOR Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without prior written consent of the Recreation and Conservation Office. SECTION 3. ASSIGNMENT While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement, the project itself remains the sole responsibility of the sponsor. The funding board undertakes no responsibilities to the sponsor, a secondary sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project is sponsored by more than one entity, any and all sponsors are equally responsible for the project and all post-completion stewardship responsibilities. SECTION 4. RESPONSIBILITY FOR PROJECT The sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence of, or the breach of any obligation under this Agreement by, the sponsor or the sponsor’s agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this Agreement by the State, its agents, officers, employees, subcontractors or vendors, of any tier, or any other persons for whom the State may be legally liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the sponsor or the sponsor’s agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable, and (b) the State its agents, officers, employees , subcontractors and or vendors, of any tier, or any other persons for whom the State may be legally liable, the indemnity obligation shall be valid and enforceable only to the extent of the sponsor’s negligence or the negligence of the sponsor’s agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. This provision shall be included in any Agreement between sponsor and any subcontractor and vendor, of any tier. The sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the sponsor or the sponsor’s agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable, in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to State, its agents, officers and employees pursuant to the Agreement; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from State’s, its agents’, officers’ and employees’ failure to comply with specific written instructions regarding use provided to State, its agents, officers and employees by the sponsor, its agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. The sponsor specifically assumes potential liability for actions brought by the sponsor’s own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the sponsor specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government. SECTION 5. INDEMNIFICATION The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the funding board or RCO. The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the state of Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B RCW. The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR PROJAGR.RPT Salmon Funding Accounts Page 7 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 194 of 280 state, and/or local laws. Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. SECTION 7. CONFLICT OF INTEREST SECTION 8. ACKNOWLEDGMENT AND SIGNS Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. A. Signs. The sponsor also shall post signs or other appropriate media during the project period and in the future at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless exempted in funding board policy or waived by the director. B. Ceremonies. The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor shall verbally acknowledge the applicable grant program’s funding contribution at all dedication ceremonies. C. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly state: 1. The percentage of the total costs of the project that is financed with federal money ; 2. The dollar amount of federal funds for the project; and 3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources . D. The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO and funding board policies regardless of whether the sponsor is a public or non-public organization. The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act. Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of riparian trees or in-water work unless either the sponsor has complied with 50 CFR 223.203 (b)(8), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any enforcement responsibility by RCO. Nondiscrimination Laws The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsor’s noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the sponsor may be declared ineligible for further grant awards from the funding board. The sponsor is responsible for any and all costs or liability arising from the sponsor’s failure to so comply with applicable law. Wages and Job Safety The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. The sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the Davis-Bacon Act, and other federal laws, and the rules and regulations of the Washington State Department of Labor and Industries. Archaeological and Cultural Resources The RCO reviews all applicable projects for potential impacts to archaeological sites and state cultural resources. The sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing activity. The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. If a federal agency declines to consult, the sponsor shall comply with the requirements of SECTION 9. COMPLIANCE WITH APPLICABLE LAW PROJAGR.RPT Salmon Funding Accounts Page 8 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 195 of 280 Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the following: concerned Tribes’ cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. If human remains are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification provided to the concerned Tribe’s cultural staff and cultural committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50 Restrictions on Grant Use No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. SECTION 10. HAZARDOUS SUBSTANCES Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in Chapter 70.105D.020 (10) RCW, and certify: A. No hazardous substances were found on the site, or1. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed “clean.” 2. Responsibility. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70.105D RCW. B. Hold Harmless. The sponsor will defend, protect and hold harmless RCO and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the sponsor is acquiring. C. SECTION 11. RECORDS Maintenance. The sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of six years from the date RCO deems the project complete , as defined in Section 17(C) below. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. A. Access to records and data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or Agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the sponsor’s reports, including computer models and methodology for those models. B. Public Records. Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this Agreement and any records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42.56 RCW. Additionally, in compliance with RCW 77.85.130(8), sponsor agrees to disclose any information in regards to expenditure of any funding received from the SRFB. By submitting any record to the state sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state’s defense of such claims. C. SECTION 12. TREATMENT OF ASSETS Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program. When the sponsor discontinues use of the asset(s) for the purpose for which it was funded, RCO will require the sponsor to deliver the asset(s) to RCO, dispose of the asset according to RCO policies, or return the fair market value of the asset(s) to RCO. Assets shall be used only for the purpose of this Agreement, unless otherwise provided herein or approved by RCO in writing. A. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management practices. B. PROJAGR.RPT Salmon Funding Accounts Page 9 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 196 of 280 The sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure has been executed, it will further stipulate and define the funding board and RCO’s right to inspect and access lands acquired or developed with funding board assistance. SECTION 13. RIGHT OF INSPECTION Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or RCO. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the funding board. SECTION 14. STEWARDSHIP AND MONITORING SECTION 15. DEBARMENT CERTIFICATION For Federally Funded Projects By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the Office of Inspector General Suspension and Debarment List at http://www.gsaig.gov/index.cfm?LinkServID=C4C89080-D2BE-D29A-96355D44A13E4356. The sponsor (prospective lower tier participant) shall provide immediate written notice to RCO if at any time the prospective lower tier participant learns that the above certification was not correct when submitted or has become erroneous by reason of changed circumstances. A. For State Funded Projects By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the “Contractors not Allowed to Bid on Public Works Projects” list at http://www.lni.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractors/ B. SECTION 16. PROJECT FUNDING Additional Amounts. The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this Agreement. A. Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by funding board policy, such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. B. After the period of performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the funding board may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. C. Disclosure notice. Projects funded with state Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration money may be used by RCO, the Puget Sound Partnership or Northwest Indian Fisheries Commission as match to one of the following federal assistance agreements: 1) United States Department of Commerce Catalog of Federal Domestic Assistance Number 11.438, or 2) United State Environmental Protection Agency Catalog of Federal Domestic Assistance Numbers 66.123 and 66.456. D. Compliance and Retainage. RCO reserves the right to withhold disbursement of up to the final ten percent (10%) of the total amount of the grant to the sponsor until the project has been completed. A project is considered "complete" when: 1. All approved or required activities outlined in the Agreement are done; 2. On-site signs are in place (if applicable); C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the sponsor. B. This contract is administered on a reimbursement basis. The sponsors may only request reimbursement after eligible and allowable costs have already been paid by the sponsor and remitted to their vendors. RCO will then reimburse the sponsor for those costs based upon RCO’s percentage as defined in Section F of the Project Agreement of the amount billed to RCO. RCO does not reimburse for donations which the sponsor may use as part of its percentage. All reimbursement requests must include proper documentation of expenditures as required by RCO. A. SECTION 17. PROJECT REIMBURSEMENTS PROJAGR.RPT Salmon Funding Accounts Page 10 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 197 of 280 3. A final project report is submitted to and accepted by RCO; 4. Any other required documents are complete and submitted to RCO; 5. A final reimbursement request is submitted to RCO; 6. The completed project has been accepted by RCO; 7. Final amendments have been processed; and 8. Fiscal transactions are complete. 9. RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30. Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. D. Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to grants approved by the SRFB and must comply with SRFB policy. See WAC 420-12-060 (5). SECTION 18. ADVANCE PAYMENTS In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time that payment becomes due and owing. SECTION 19. RECOVERY OF PAYMENTS The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. SECTION 20. COVENANT AGAINST CONTINGENT FEES The following provisions shall be in force only if the project described in this Agreement is for development, renovation and restoration of land or facilities for outdoor recreation, habitat conservation, or salmon recovery: SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND RESTORATION PROJECTS Document Review and Approval. The sponsor agrees to submit one copy of all development, renovation, restoration or construction plans and specifications to RCO for review prior to implementation. Review and approval by RCO will be for compliance with the terms of this Agreement. A. Contracts for Development, Renovation, or Restoration. Sponsors must have a procurement process that follows applicable state and/or required federal procurement principles. If no such process exists the sponsor must follow these minimum procedures: (1) publish a notice to the public requesting bids/proposals for the project (2) specify in the notice the date for submittal of bids/proposals (3)specify in the notice the general procedure and criteria for selection; and (4) comply with the same legal standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. B. Contract Change Order. Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. C. Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long term lease, easement, or fee simple ownership) for the land proposed for development, renovation or restoration. The documentation must meet current RCO requirements. D. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: E. "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies.” Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. The best management practices are described in three documents: “Stream Habitat Restoration Guidelines: Final Draft”, 2004; “Design of Road Culverts for Fish Passage”, 2003; and “Integrated Streambank Protection Guidelines”, 2002. These documents and other information can be found on the AHG website. F. PROJAGR.RPT Salmon Funding Accounts Page 11 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 198 of 280 Conveyance of Rights to the State of Washington. Document securing long-term rights for the State of Washington. When real property rights (both fee simple and lesser interests) are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents include a Deed of Right, Assignment of Rights, Easements and/or Leases. The sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity. D. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this project Agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the Agreement before final payment. C. Evidence of Title. The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. B. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy. A. The following provisions shall be in force only if the project described in this Agreement is for the acquisition of interest in real property (including easements) for outdoor recreation, habitat conservation, salmon recovery purposes, or farmland preservation: SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. 3. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 2. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 1. Real Property Acquisition and Relocation AssistanceE. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. 1. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the sponsor agrees to provide any housing and relocation assistance required. 3. When state funds are part of this Agreement, the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 2. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 9 - Archaeological and Cultural Resources before structures are removed or demolished. F. The sponsor shall not at any time convert any real property or facility acquired, developed, renovated, and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes, rules, and funding board policies. It is the intent of the funding board’s conversion policy, current or as amended in the future, that all real property or facilities acquired, developed, renovated, and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the Agreement or as approved by the funding board. Determination of whether a conversion has occurred shall be based upon applicable law and RCFB/SRFB policies. For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration, renovation, or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established funding board policies. SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES PROJAGR.RPT Salmon Funding Accounts Page 12 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 199 of 280 According to applicable federal, state, and local laws and regulations, including public health standards and building codes.A. For acquisition, development, renovation and restoration projects, sponsors must ensure that properties or facilities assisted with funding board funds, including undeveloped sites, are built, operated, used, and maintained: SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS In a reasonably safe condition for the project’s intended use.B. Throughout its estimated life so as to prevent undue deterioration.C. In compliance with all federal and state nondiscrimination laws, regulations and policies.D. Be available for use by the general public without reservation at reasonable hours and times of the year, according to the type of area or facility. G. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods.F. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as updated. E. For acquisition, development, renovation and restoration projects, facilities open and accessible to the general public must: Income.A. SECTION 25. INCOME AND INCOME USE Fees. User and/or other fees may be charged in connection with land acquired or facilities developed with funding board grants if the fees are consistent with the: (a) Value of any service(s) furnished; (b) Value of any opportunities furnished; and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (Chapter 79A.25.210 RCW). 2. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement. 1. Income use. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless precluded by state or federal law, the revenue may only be used to offset: B. The sponsor’s matching funds;1. The project’s total cost; 2. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the funding board grant; 3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor’s system; and/or 4. Capital expenses for similar acquisition and/or development.5. Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so, the funding board discourages the imposition of differential fees. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. SECTION 26. PREFERENCES FOR RESIDENTS A corporate sponsor, including any nonprofit sponsor, shall: SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS Maintain corporate status with the state, including registering with the Washington Secretary of State’s office, throughout the sponsor’s obligation to the project as identified in the Agreement. A. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an amendment transferring the sponsor’s obligation to the qualified successor if requirements are met. B. Sites or facilities open to the public may not require exclusive use, (e.g., members only).C. PROJAGR.RPT Salmon Funding Accounts Page 13 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 200 of 280 The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person. A. SECTION 28. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO as additional insured and shall be in a form approved by the funding board or director. B. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the sponsor's obligation to the project as identified in this Agreement. C. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of the policy by the sponsor. D. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that program or policy as a part of its application to the funding board. E. By this requirement, the funding board and RCO does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates. Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or others, for any and all remedies that may be available by law. F. If the project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal Land and Water Conservation Fund (LWCF), the “Project Agreement General Provisions” in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this Agreement. The sponsor shall abide by these LWCF General Provisions, in addition to this Agreement, as they now exist or are hereafter amended. Further, the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement. • Section 8 - Acknowledgement and Signs, • Section 10 - Hazardous Substances, • Section 14 - Stewardship and Monitoring • Section 22 - Provisions Applying to Acquisition Projects, Sub-sections F and G. • Section 23 - Restriction on Conversion of Real Property and/or Facilities to Other Uses, • Section 24 - Construction, Operation, Use and Maintenance of Assisted Projects, Sub-sections E, F, G, and • Section 25 - Income and Income Use SECTION 30. FARMLAND PRESERVATION ACCOUNT This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order: SECTION 31. ORDER OF PRECEDENCE Applicable federal and/or state statutes, regulations, policies and procedures including RCO/funding board policies and procedures, applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders; A. Project agreement including attachments;B. Special Conditions;C. Standard Terms and Conditions of the Project Agreement.D. Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties except period of performance extensions and minor scope adjustments need only be signed by RCO’s director or designee. SECTION 32. AMENDMENTS Only RCO or RCO’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. SECTION 33. LIMITATION OF AUTHORITY PROJAGR.RPT Salmon Funding Accounts Page 14 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 201 of 280 Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director’s designee, and attached to the original Agreement. SECTION 34. WAIVER OF DEFAULT The funding board and RCO rely on the sponsor’s application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SECTION 35. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completion of the project as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive. The funding board or RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity. SECTION 36. SPECIFIC PERFORMANCE The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the sponsor in its application for a grant as finally approved by the funding board SECTION 37. TERMINATION For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement: i. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; or ii. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the funding board or director, under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement, the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. A. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO’s obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the sponsor. B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. C. Except as may otherwise be provided in this Agreement, when a dispute arises between the sponsor and the funding board, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party’s request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the third person shall be chosen by the funding board’s chair. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other SECTION 38. DISPUTE HEARING PROJAGR.RPT Salmon Funding Accounts Page 15 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 202 of 280 party which it wishes to dispute. The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. SECTION 39. ATTORNEYS’ FEES This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in a county where the project is situated. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe, the following governing law/venue applies: SECTION 40. GOVERNING LAW/VENUE Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State, the State shall bring such lawsuit in federal court; otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to applicable State law, except to the extent preempted by federal or tribal law. In the event suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court. A. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from such a lawsuit shall be binding and enforceable on the parties. Any money judgment or award against a Tribe, tribal officers and members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F- Project Funding of the Agreement in order to satisfy the judgment. B. The Tribe hereby waives its sovereign immunity for suit in state court for the limited purpose of allowing the State to bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the performance or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any assignee of the parties. In any enforcement action, the parties shall bear their own enforcement costs, including attorneys’ fees. C. For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the right of the RCO to enforce this Agreement. The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. SECTION 41. SEVERABILITY PROJAGR.RPT Salmon Funding Accounts Page 16 of 16 Salmon Project Agreement - RCO #14-1299P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 203 of 280 Eligible Scope Activities 14-1299 Willow Creek Daylighting Preliminary Design Planning City of Edmonds 12/4/2014 Project Number: Project Type: Approval: Project Sponsor: Project Title: Program:Salmon Federal Projects Planning Metrics Worksite #1, Edmonds Marsh Chinook Salmon-Puget Sound ESU, Chum Salmon-Puget Sound/Strait of Georgia ESU, Coho Salmon-Puget Sound/Strait of Georgia ESU Targeted salmonid ESU/DPS: CutthroatTargeted species (non-ESU species): 28.0Area Encompassed (acres): 0.10Miles of Stream Affected: Design for Salmon restoration Preliminary design Willow Creek Estuary Restoration Preliminary Design Name of the Plan: Shannon&Wilson. 2013. Willow Creek Daylighting Final- Early Feasibility Study, Edmonds, WA. Shannon & Wilson, Inc. 400 N 34th St, Suite 100, Seattle, WA 98103. 21-1-12393-206. Preliminary design to daylight Willow Creek and restore fish access to Edmonds marsh. Description of the Plan: The intent of the plan was to explore the feasibility of providing and maximizing Chinook salmon access to rearing habitat in Edmonds Marsh, and to evaluate the potential size and habitat types that would become available to juvenile salmon within the marsh. The Early Feasibility study included a conceptual design of marsh restoration actions. ELIGREIM.RPT 1Page: January 30, 2015 Packet Page 204 of 280 Milestone Report By Project 14-1299 PProject Number: Project Name: Sponsor: Willow Creek Daylighting Preliminary Design Edmonds City of Project Manager:Elizabeth Butler Target DateMilestoneX Comments/Description! Project Start 12/04/2014 Eligible Preagreement Expenses per Acquisitions Manual 5X Data Gathering Started 03/01/2015 RFP Complete/Consultant Hired 08/01/2015 Scope and Budget Negotiated. Progress Report Submitted 08/15/2015! Annual Project Billing 09/30/2015! Cultural Resources Complete 11/30/2015 If Ground Disturbing Activities are necessary.! Progress Report Submitted 01/30/2016! Draft Design to RCO 04/30/2016 Preliminary Design Deliverables per Manual 18 Appendix D-2 Progress Report Submitted 06/01/2016! Annual Project Billing 06/30/2016! Special Conditions Met 07/31/2016 Design Review comments received from stakeholders Applied for Permits 08/31/2016 Preliminary Design to RCO 11/30/2016 Preliminary Design Deliverables per Manual 18 Appendix D-2! Final Report in PRISM 12/30/2016 Agreement End Date 06/30/2017 Project End Date, all expenses must be incurred by this date.! Final Billing to RCO 08/31/2017 X = Milestone Complete ! = Critical Milestone Page:11MILESTO.RPT January 30, 2015 Packet Page 205 of 280    AM-7504     12.              City Council Meeting Meeting Date:02/24/2015 Time:10 Minutes   Submitted For:Mike De Lilla Submitted By:Megan Luttrell Department:Engineering Type: Forward to Consent  Information Subject Title Interlocal Agreement with the City of Lynnwood to formalize roles, responsibilities and usage of existing and proposed emergency interties that interconnect watermains between the City of Edmonds and City of Lynnwood. Recommendation Forward this item to the consent agenda for approval at the March 3, 2015 Council Meeting and authorize the Mayor to sign the Interlocal Agreement. Previous Council Action None. Narrative The City of Edmonds is in the process of designing an emergency watermain intertie that, in a watermain breakage situation/emergency situation, would allow for an emergency/alternate water source to supply approximately 150 single family residences located in the northern most part of Edmonds.  This area is currently supplied by a single 8”, 2600’ long watermain, that starts at the City’s main supply from the Alderwood Water and Wastewater District, located in Lynnwood.  The addition of the intertie will greatly decrease water outage times in emergency situations and add greater redundancy to our water system in this area of the City.   City staff has received concurrence with Lynnwood staff in regard to building this intertie.  In addition, City staff has determined that there currently is no Interlocal Agreement with Lynnwood even though Edmonds and Lynnwood have four other intertie locations.  To rectify this, the Cities of Edmonds and Lynnwood have drafted this Interlocal Agreement so that it covers roles and responsibilities for the four existing interties and the one that is currently in design. Attachments ILA with City of Lynnwood Form Review Inbox Reviewed By Date Engineering (Originator)Robert English 02/19/2015 02:08 PM Public Works Phil Williams 02/19/2015 02:17 PM City Clerk Scott Passey 02/19/2015 02:50 PM Packet Page 206 of 280 Mayor Dave Earling 02/19/2015 05:14 PM Finalize for Agenda Scott Passey 02/20/2015 07:23 AM Form Started By: Megan Luttrell Started On: 02/18/2015 04:03 PM Final Approval Date: 02/20/2015  Packet Page 207 of 280 Interlocal Agreement for Emergency Watermain Interties Page 1 of 6 INTERLOCAL AGREEMENT 1 CITY OF EDMONDS AND CITY OF LYNNWOOD 2 For Emergency Watermain Interties 3 4 5 THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into by and between the 6 City of Edmonds, Washington (“Edmonds”) and the City of Lynnwood, Washington 7 (“Lynnwood”) (collectively, the “Parties”). 8 9 WHEREAS, Chapter 39.34 RCW authorizes two or more political subdivisions or units 10 of local government of the State of Washington to cooperate on a basis of mutual advantage to 11 provide for services and facilities; and 12 13 WHEREAS, Edmonds and Lynnwood are each authorized to provide water service, and 14 each currently provides water service to persons and properties located within its respective 15 water service area; and 16 17 WHEREAS, Edmonds’ and Lynnwood’s water service boundaries are located adjacent to 18 each other; and 19 20 WHEREAS, the Parties desired to obtain supplemental water supply for emergency 21 purposes through interties between their respective water systems, subject to certain terms and 22 conditions; and 23 24 WHEREAS, the Parties have constructed four emergency watermain interties at places 25 along their respective water service boundaries; and 26 27 WHEREAS, Edmonds is undertaking the construction of a fifth emergency watermain 28 intertie along those boundaries; and 29 30 WHEREAS, the Parties desire to enter into this Agreement for the purpose of defining 31 their respective rights, obligations, and liabilities regarding these emergency watermain interties; 32 and 33 34 WHEREAS, the City Councils of the City of Edmonds and the City of Lynnwood have 35 taken appropriate action to approve each Party’s entry into this Agreement; 36 37 NOW, THEREFORE, in consideration of the terms, conditions and covenants contained 38 herein, Edmonds and Lynnwood agree as follows: 39 40 TERMS 41 42 Section 1. Purpose. The purpose of this Agreement is to allocate and define the Parties’ 43 respective rights, obligations, and liabilities concerning the establishment, ownership, operation, 44 use and maintenance of the one new and four existing emergency watermain interties. The 45 Packet Page 208 of 280 Interlocal Agreement for Emergency Watermain Interties Page 2 of 6 terms, conditions and covenants of this Agreement shall accordingly be interpreted to advance 1 this purpose. 2 3 Section 2. Term. This Agreement shall be effective upon its execution by both of the 4 Parties hereto, as indicated by the dates written below. Unless terminated in accordance with 5 Section 3, this Agreement shall remain in effect in perpetuity. 6 7 Section 3. Termination. Either Party may terminate this Agreement with or without 8 cause by providing the other Party with thirty (30) calendar days’ written notice of its intent to 9 terminate. Termination shall not alter the Parties’ obligations under Section 4 with respect to 10 obligations already performed by the other Party, and shall not alter the Parties’ respective 11 obligations under Section 8 of this Agreement. 12 13 Section 4. Obligations. 14 15 A. Edmonds and Lynnwood agree to provide each other with an emergency standby 16 source of water through intertie connections between the Parties’ water systems at the 17 five locations described and depicted in Exhibit A, attached hereto and incorporated 18 herein by this reference. 19 20 B. Each intertie shall consist of water main, and two normally-closed valves, as depicted 21 on Exhibit A, attached hereto and incorporated herein by this reference. The new, 22 fifth, intertie shall be constructed by Edmonds at its sole expense, at the location 23 described and depicted on Exhibit A. 24 25 C. To the extent necessary, each Party shall transfer ownership of any portion of an 26 intertie, including the water main and valves, that is located within the other Party’s 27 water service area boundaries by a bill of sale at no cost to the other Party. Each 28 Party shall accept the transferred intertie facilities, if any, in an “as-is” condition. 29 Each Party shall then own, operate, repair, replace and maintain in good working 30 condition and in accordance with all applicable laws and regulations that portion of 31 each intertie located within its respective water service area boundaries. 32 33 D. Each intertie shall be used only in the event of an emergency as defined in Section 34 4.E, or when otherwise required due to a planned, temporary disruption of water 35 service resulting from construction or maintenance impacting the requesting Party’s 36 water system or water supply. 37 38 E. For purposes of this Agreement, an emergency shall be any event that requires either 39 Party’s water supply to be augmented on a temporary, unplanned basis, including but 40 not limited to a water shortage, a major water line break, fire demand, contamination 41 of water supply, mechanical or electrical equipment failure, or power supply failure. 42 Unless otherwise agreed to in writing by the Parties, the maximum duration of an 43 emergency shall be seven calendar (7) days. 44 45 Packet Page 209 of 280 Interlocal Agreement for Emergency Watermain Interties Page 3 of 6 F. In case of water supply required for emergency use, Edmonds and Lynnwood shall 1 provide water immediately upon oral notification of such emergency by the other 2 Party. Follow-up written notice of such emergency request shall be made by the 3 requesting Party to the supplying Party within fourteen (14) business days of the oral 4 notification. In the event that the requesting Party anticipates that the emergency will 5 require use of the intertie for more than seven calendar (7) days, the requesting Party 6 shall provide an estimate of the duration of the emergency and request that the 7 supplying Party agree in writing to the requesting Party’s use of the intertie for this 8 duration. 9 10 G. In case of water supply required for a planned, temporary disruption of service, the 11 requesting Party shall notify the supplying Party in writing at least five (5) business 12 days in advance of the dates on which the requesting Party desires to receive water 13 through an intertie. The request shall include the startup time and the estimated 14 duration of intertie service, and shall state the reason for the service disruption 15 requiring use of the intertie. 16 17 H. When activating intertie service, each Party shall operate their respective system 18 components only, and shall provide adequate flushing of the system prior to 19 activating the intertie. 20 21 I. The Parties shall make reasonable efforts to provide an uninterrupted supply of water 22 during any period that an intertie is activated; provided, that neither Party shall be 23 liable for any shortage of or interruption in the delivery of water through an intertie. 24 In addition, neither Party shall be liable for any failure, interruption in or shortage of 25 water, or any loss or damage resulting therefrom occasioned by any cause beyond the 26 control of either Party. Neither Party guarantees the availability of water through any 27 intertie at all times because of each Party’s respective needs and water demand. 28 Further, during critical water shortage periods as determined by a supplying Party, the 29 supplying Party, in that Party’s sole discretion, may deny use of any intertie until 30 sufficient water supply exists to make such available for use by the requesting Party. 31 32 J. The quality of water delivered by either Party through any intertie shall comply with 33 all applicable federal, state and local laws and regulations, and shall be of the same 34 quality as that delivered by the supplying Party to that Party’s other customers. Upon 35 request of either Party, the other Party shall provide information regarding the current 36 quality of water provided through any intertie, so that blending, compatibility, and 37 other water quality issues may be addressed. 38 39 Section 5. Billing for Water Used. 40 41 A. A written estimate of the quantity of water used shall be reported by the receiving 42 Party to the supplying Party within three (3) business days after the termination of 43 any intertie use. The estimate of water used shall be agreed upon by both parties and 44 shall include a detailed explanation as to how the estimate was derived. If the intertie 45 use continues for more than thirty (30) calendar days, the written estimate of water 46 Packet Page 210 of 280 Interlocal Agreement for Emergency Watermain Interties Page 4 of 6 use shall be provided on the first day of the following month. If unmetered use of 1 water is expected to exceed thirty (30) calendar days, the recipient agency shall install 2 a meter within thirty (30) days of activation of the unmetered intertie. 3 4 B. In the event that Edmonds or Lynnwood receives water through any intertie, both 5 Parties agree to pay the other Party for such water delivered at the wholesale rate plus 6 ten percent (10%). The wholesale rate per CCF shall be determined based on the 7 preceding complete calendar year, by dividing the total annual volume of water (in 8 CCF) delivered to Edmonds’ or Lynnwood’s end users within their respective water 9 service boundaries, into the total annual costs of potable water purchased from the 10 wholesale supplier(s) during the same calendar year. The Party delivering such water 11 shall bill the Party receiving such water monthly for the amount of water delivered. 12 The Party receiving such water shall pay the supplying Party within forty-five (45) 13 calendar days of the date of such billing. Any billings not paid by the receiving Party 14 within such 45-day period shall accrue interest at the rate of twelve percent (12%) per 15 annum until paid. 16 17 Section 6. Ownership of Property. Neither Party shall by virtue of this Agreement 18 acquire any proprietary or governmental interest in the water system of the other Party. Each 19 Party shall be solely responsible for the operation and maintenance of its own system of water 20 distribution. 21 22 Section 7. Administration; No Separate Entity Created. This Agreement shall be 23 administered jointly by the Edmonds City Engineer and the Lynnwood City Engineer. No 24 separate legal entity is formed by this Agreement. 25 26 Section 8. Release, Indemnification and Hold Harmless Agreement. Each Party to this 27 Agreement shall be responsible for its own negligent and/or wrongful acts or omissions, and 28 those of its own officers, agents, employees, representatives, contractors or subcontractors, to the 29 fullest extent required by the laws of the State of Washington. Each Party agrees to protect, 30 indemnify and save the other Party harmless from and against any and all such liability for injury 31 or damage to the other Party or the other Party’s property, and also from and against all claims, 32 demands and causes of action of every kind and character arising directly or indirectly, or in any 33 way incident to, in connection with, or arising out of the performance of this Agreement, caused 34 by its own negligence or wrongful acts or omissions, or that of its officers, agents, employees, 35 representatives, contractors or subcontractors; provided, that the indemnifying Party’s obligation 36 to indemnify, defend and hold harmless the other Party for claims caused by or resulting from 37 the concurrent negligence or wrongful acts or omissions of the indemnifying Party shall apply 38 only to the extent of the negligence or wrongful acts or omissions of the indemnifying Party. 39 40 Section 9. Governing Law and Venue. This Agreement shall be governed by the laws of 41 the State of Washington. Any action arising out of this Agreement shall be brought in 42 Snohomish County Superior Court. 43 44 Section 10. No Employment Relationship Created. The Parties agree that nothing in this 45 Agreement shall be construed to create an employment relationship between Edmonds and any 46 Packet Page 211 of 280 Interlocal Agreement for Emergency Watermain Interties Page 5 of 6 employee, agent, representative or contractor of Lynnwood, or between Lynnwood and any 1 employee, agent, representative or contractor of Edmonds. 2 3 Section 11. No Third Party Rights. This Agreement is intended for the sole and 4 exclusive benefit of the Parties hereto and no third Party rights are created by this Agreement. 5 6 Section 12. Notices. Notices to Edmonds shall be sent to the following address: 7 8 City of Edmonds 9 Public Works Director 10 7110 210th St SW 11 Edmonds, WA 98026 12 13 Notices to Lynnwood shall be sent to the following address: 14 15 City of Lynnwood 16 City Engineer 17 P.O. Box 5008 18 Lynnwood, WA 98046 19 20 21 Section 13. Duty to File Agreement with County Auditor. Edmonds shall, after this 22 Agreement is executed by both Parties, file this Agreement with the Snohomish County Auditor. 23 24 Section 14. Integration/Amendment. This document constitutes the entire embodiment 25 of the agreement between the Parties with respect to the subject matter herein and supersedes and 26 replaces all prior agreeements, both written and oral. This Agreement may only be modified or 27 amended by an agreement in writing signed by both Parties hereto. 28 29 Section 15. Non-Waiver. Waiver by any Party of any of the provisions contained within 30 this Agreement shall not be construed as a waiver of any other provision. 31 32 Section 16. Binding Effect. This Agreement shall be binding upon and inure to the 33 benefit of the Parties hereto and their respective successors and assigns. 34 35 36 CITY OF EDMONDS 37 38 By:_____________________________ 39 Dave Earling, Mayor 40 41 Date:_____________________________ 42 43 44 ATTEST: 45 46 Packet Page 212 of 280 Interlocal Agreement for Emergency Watermain Interties Page 6 of 6 _____________________________ 1 Scott Passey, City Clerk 2 3 4 APPROVED AS TO FORM: 5 6 _____________________________ 7 Office of the City Attorney 8 9 10 11 CITY OF LYNNWOOD 12 13 By:____________________________ 14 Nicola Smith, Mayor 15 16 Date:_____________________________ 17 18 19 ATTEST: 20 21 _____________________________ 22 Art Ceniza, City Clerk 23 24 25 APPROVED AS TO FORM: 26 27 _____________________________ 28 Office of the City Attorney 29 Packet Page 213 of 280 In t e r i e # In t e r t i e V a l v e L o c a t i o n (E d m o n d s ) E d m o n d s M e t e r Ed m o n d s M e t e r Si z e Ed m o n d s P i p e Si z e Ed m o n d s V a l v e # Op e n i n g i n t e r t i e In t e r t i e V a l v e L o c a t i o n (L y n n w o o d ) L y n n w o o d M e t e r Lynnwood Meter SizeLynnwood Pipe SizeLynnwood Valve # Opening intertie 1 21 0 0 0 B l o c k o f H i g h w a y 99 No No n e 8 i n c h 10 - 1 We s t s i d e o f H i g h w a y 99 a t s o u t h D r i v e w a y o f 20 9 1 0 N o N o n e 1 2 i n c h E - 3 2 In t e r s e c t i o n o f 7 6 t h Av e W a n d 2 0 8 t h S t S W N o N o n e 1 2 i n c h 1 0 - 1 9 E No n e * No None 8 inch E-1* 3 On O l y m p i c V i e w D r i v e ap p r o x 1 7 0 f e e t w e s t o f in t e r s e c t i o n w i t h 7 3 r d Av e W N o N o n e 8 i n c h 6- 4 2 A So u t h w e s t h i l l s i d e n e a r wa l k i n g p a t h n e a r Ol y m p i c V i e w D r i v e a n d 73 r d A v e W No None 8 inch E-4 4 In t e r s e c t i o n o f O l y m p i c Vi e w D r i v e a n d 1 8 0 t h St S W N o N o n e 8 I n c h 3 - 1 4 A Ol y m p i c V i e w D r i v e E a s t si d e a t 1 8 0 t h S t S W No None 8 inch E-15 5 On 6 8 t h A v e W N o r t h of t h e i n t e r s e c t i o n o f No r t h M e a d o w d a l e Ro a d Y e s 6 i n c h ( T o B e co n s t r u c t e d b y en d o f 2 0 1 5 ) 8 i n c h ( T o B e co n s t r u c t e d b y en d o f 2 0 1 5 ) T o b e d e t e r m i n e d On 6 8 t h A v e W N o r t h o f th e i n t e r s e c t i o n o f No r t h M e a d o w d a l e Ro a d N o N o n e 8 inch (To Be constructed by end of 2015) T o b e d e t e r m i n e d *E - 1 i s E d m o n d s i n t e r t i e v a l v e a t t h i s l o c a t i o n . L y n n w o o d d o e s n o t h a v e a v a l v e a t t h i s i n t e r t i e l o c a t i o n . Ex h i b i t A In t e r t i e L o c a t i o n M a t r i x Packet Page 214 of 280    AM-7506     13.              City Council Meeting Meeting Date:02/24/2015 Time:10 Minutes   Submitted For:Mike De Lilla Submitted By:Megan Luttrell Department:Engineering Type: Forward to Consent  Information Subject Title Presentation of a Supplemental Agreement with The Blueline Group for Capital Projects Construction Management, Engineering & Inspection Services for 2015. Recommendation Forward this item to the consent agenda for approval at the March 3, 2015 Council meeting. Previous Council Action On May 6, 2014 Council approved a professional services agreement with The Blueline Group (Blueline) to provide Capital Projects Construction Management, Engineering & Inspection Services for 2014.   Narrative The City issued a Request for Qualifications (RFQ) in February, 2014 to hire a consultant to support City staff with construction management, engineering and inspection services for various City funded capital projects that are scheduled to begin construction in 2014 and 2015. The City received statements of qualifications from twelve engineering firms and the selection committee chose The Blueline Group to provide services during construction based on their qualifications, experience and approach.   The proposed supplemental agreement will provide construction management and inspection services for construction projects beginning in 2015 and closeout projects that started in 2014.  The City has negotiated a consultant fee of $293,200.  The supplemental work will be funded by utility funds budgeted for the projects listed below:     1. 2015 Sewerline Replacement Budget: $2.05M Status: 90% Design Construction: June 2015 – December 2015 2. 105th & 106th Ave SW Drainage Improvement Project (SW Edmonds Storm Project) Budget: $517,000 Status: 90% Design Construction: June 2015 – September 2015   3. Citywide Storm Drainage Improvements Budget: $220,000 Packet Page 215 of 280 Status: 90% Design Construction: June 2015 – September 2015 4. 2015 Waterline Replacement Project Budget: $2.73M Status: 90% Design Construction: June 2015 - January 2016   Each project will be managed by a City Capital Projects Manager. The consultant will assist the City’s project manager by providing daily field inspection and assisting with contract administration duties such as preparation of monthly pay estimates, review of contractor’s progress schedule, manage request for information (RFI’s) log, change order documentation, review certified payrolls, coordinate on-site material testing, assist with project close-out activities, respond to citizen questions and other duties as outlined in the scope of work.     Attachments The Blueline Group Supplemental Agreement Form Review Inbox Reviewed By Date Engineering (Originator)Robert English 02/19/2015 03:45 PM Public Works Scott Passey 02/20/2015 11:53 AM City Clerk Scott Passey 02/20/2015 11:54 AM Mayor Dave Earling 02/20/2015 12:17 PM Finalize for Agenda Scott Passey 02/20/2015 12:19 PM Form Started By: Megan Luttrell Started On: 02/18/2015 04:47 PM Final Approval Date: 02/20/2015  Packet Page 216 of 280 SUPPLEMENTAL AGREEMENT 1 TO PROFESSIONAL SERVICES AGREEMENT Capital Projects Construction Management, Engineering & Inspection Services WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the “City”, and The Blueline Group, hereinafter referred to as the “Consultant”, entered into an underlying agreement for design, engineering and consulting services with respect to a project known as Capital Projects Construction Management, Engineering & Inspection Services project, dated May 7, 2014; and WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide consulting services; NOW, THEREFORE, In consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The underlying Agreement of May 7, 2014 between the parties, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the underlying agreement shall be amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 1.2 The $170,000.00 amount set forth in paragraph 2A of the underlying Agreement and stated as an amount which shall not be exceeded, is hereby amended to include an additional not to exceed amount of $293,200 for the additional scope of work identified in Exhibit A to this supplemental agreement. As a result of this supplemental agreement, the total contract amount is increased to a new total not-to-exceed amount of $463,200 ($170,000 plus $293,200). 1.3 Exhibit B to the underlying agreement consisting of the rate and cost reimbursement schedule is hereby amended to include the form set forth on the attached Exhibit B to this addendum, incorporated by this reference as fully as if herein set forth. 2. In all other respects, the underlying agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. Packet Page 217 of 280 DONE this day of , 20 . CITY OF EDMONDS THE BLUELINE GROUP By: By: Mayor David O. Earling Title: ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20____, before me, the under-signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Page 218 of 280 Exhibit ‘A’ to the Contract Agreement for Professional Services between The Blueline Group, LLC and the City of Edmonds for Construction Services for 2015 Projects, dated February 6, 2015. Task 001 – CONSTRUCTION INSPECTION SERVICES Fee: Time and Expense (Estimated $224,700) Blueline will provide as-needed inspection services at the City’s request during the 2015 construction season, and will coordinate construction management activities with the City. Services under this task are anticipated to include: 1. Review plans/specifications and visit the site. 2. Review materials delivered to the site to review compliance with City approved submittals. 3. Provide inspection for all aspects of the construction activity to review Contractor compliance with the contract plans and specifications. 4. Coordinate compaction and materials testing with the testing agency selected by the City under a separate contract. 5. Coordinate all testing with the City and Contractor for water, sewer and storm projects. 6. Coordinate final connections with the City and Contractor for water main projects. 7. Record and report the progress of the construction operations to the City throughout the duration of the contract. 8. Furnish the City with verification of all quantities of materials. 9. Provide final project inspection including punchlists. 10. Provide as-built redlines to supplement the Contractor’s redlines. 11. Monitor the Contractor’s traffic control operations to review compliance with City approved Traffic Control Plan. 12. Be responsive to requests from citizens and businesses. Deliverables (to be submitted weekly during construction):  Inspector’s Daily Reports.  Records of Force Account Work.  Weekly Tabulation of Quantities Placed (with all truck tickets attached).  Construction Progress Photos. It is anticipated that the City will:  Provide purity testing (with coordination provided by Inspector).  Review submittals and project schedules. Assumptions:  Projects include the remaining 2014 Water project plus the 2015 Water, 2015 Sanitary Sewer and 2015 Storm Drain projects.  The Contractor will provide construction staking for the projects.  The City or Design Engineering Firm will prepare as-built drawings based off of the as-built redlines.  Mileage associated with onsite construction inspection has been included in this task. Packet Page 219 of 280 Exhibit ‘A’ to the Contract Agreement for Professional Services between The Blueline Group, LLC and the City of Edmonds for Construction Services for 2015 Projects, dated February 6, 2015. Task 002 – CONSTRUCTION ADMINISTRATION SERVICES Fee: Time and Expense (Estimated $32,800) Blueline will provide construction administration services for this project during the construction period. Services under this task are anticipated to include: 1. Review plans and specifications and visit the site prior to the Pre-Construction Conference. 2. Attend Pre-Construction Conference. 3. Send out minutes from Pre-Construction Conference. 4. Review and approve Contractor progress schedules. 5. Review and approve contract pay estimates, and prepare pay requests for the City approval. 6. Prepare change orders, as needed. 7. Prepare and submit weekly reports (Statement of Working Days and Project Progress Chart). 8. Log affidavits/intents/certified payroll. 9. Provide project filing. 10. Provide RFI log. 11. Coordinate changes to drawings or specifications as necessary to respond to field conditions (As needed – coordinating with the City Project Manager). 12. Monitor construction to determine contractor compliance and prepare associated documentation. 13. General consultation and coordination on an as-needed basis to address construction questions. 14. Assist with preparing punch lists and final inspection. 15. Prepare recommendation of project acceptance. 16. Attend and conduct construction meetings as required. Provide meeting minutes to attendees. We assume at this point that a construction meeting will be held approximately every two weeks. 17. Additional construction inspection services and project management, as needed. Assumptions:  Projects include the remaining 2014 Water project plus the 2015 Water, 2015 Sanitary Sewer and 2015 Storm Drain projects.  The City or Design Engineering Firm will prepare as-built drawings based off of the as-built redlines.  The City will be reviewing submittals and maintaining the submittal log.  Mileage associated with construction administration has been included in this task.  If additional inspection time or project management is requested beyond the scope of Tasks 001 and 003, it will be billed under this task. Packet Page 220 of 280 Exhibit ‘A’ to the Contract Agreement for Professional Services between The Blueline Group, LLC and the City of Edmonds for Construction Services for 2015 Projects, dated February 6, 2015. Task 003 – PROJECT MANAGEMENT Fee: Time and Expense (Estimated $35,700) This task is for general coordination and meetings on the project, including: 1. Management of all tasks and staff for construction inspection services. 2. Communication with the City of Edmonds regarding the construction. 3. Budget tracking and providing weekly updates to the City. 4. Preparation of consultant monthly invoices for work performed during the previous month, including any pertinent backup materials. Assumptions:  Projects include the remaining 2014 Water project plus the 2015 Water, 2015 Sanitary Sewer and 2015 Storm Drain projects.  If additional inspection time or construction administration time is requested beyond the scope of Tasks 001 and 002, it will be billed under this task. GENERAL ASSUMPTIONS AND NOTES 1. Scope and fees outlined above are based on the following information (any changes to these documents may result in changes to the fees): a. Correspondence between the Blueline Group and the City of Edmonds on January 27, 2015, February 2, 2015, and February 6, 2015. 2. The client shall provide The Blueline Group with approved plans, contract documents, and any necessary inspection forms. 3. The fees stated above do not include reimbursable expenses such as large format copies (larger than letter/legal size), and plots. These items will be billed under a separate task called Expenses. 4. Compaction and materials testing will be billed directly to the City by the testing agency. 5. Time and expense items are based on The Blueline Group’s current hourly rates. Packet Page 221 of 280 At t a c h m e n t ‘ B ’ t o t h e C o n t r a c t A g r e e m e n t f o r P r o f e s s i o n a l S e r v i c e s be t w e e n t h e C i t y o f E d m o n d s a n d T h e B l u e l i n e G r o u p , L L C f o r Co n s t r u c t i o n S e r v i c e s f o r 2 0 1 5 P r o j e c t s da t e d F e b r u a r y 6 , 2 0 1 5 Jo b N u m b e r : 1 5 - 0 2 6 Pr e p a r e d B y : D e a n n a M a r t i n , P E Da t e : Ch e c k e d B y : K e n L a u z e n , P E Ho u r s Ho u r s Ho u r s 00 1 0- $ 0 - $ 1 , 9 7 8 2 0 7 , 6 9 0 $ 17 , 0 0 0 1 , 9 7 8 2 2 4 , 6 9 0 $ 00 2 C o n s t r u c t i o n A d m i n i s t r a t i o n S e r v i c e s 0- $ 2 0 5 2 9 , 1 1 0 $ 19 1, 9 9 5 $ 1 , 6 5 0 2 2 4 32,755 $ 00 3 P r o j e c t M a n a g e m e n t 22 6 3 5 , 7 0 8 $ 0 - $ 0 - $ 0 2 2 6 35,708 $ 22 6 3 5 , 7 0 8 $ 20 5 2 9 , 1 1 0 $ 1 , 9 9 7 2 0 9 , 6 8 5 $ 18 , 6 5 0 $ 2 , 4 2 8 2 9 3 , 1 5 3 $ To t a l C o s t ( R o u n d e d ) 293,200 $ To t a l Mi l e a g e Co n s t r u c t i o n Ad m i n i s t r a t o r Pr o j e c t M a n a g e r To t a l Co n s t r u c t i o n I n s p e c t i o n S e r v i c e s Co n s t r u c t i o n I n s p e c t o r $1 0 5 / h r Ci t y o f E d m o n d s 2 0 1 5 C o n s t r u c t i o n S e r v i c e s Fe b r u a r y 6 , 2 0 1 5 Ta s k Ta s k # Total Hours $1 4 2 / h r $1 5 8 / h r Total Cost Th e B l u e l i n e G r o u p Packet Page 222 of 280 At t a c h m e n t ‘ B ’ t o t h e C o n t r a c t A g r e e m e n t f o r P r o f e s s i o n a l S e r v i c e s be t w e e n t h e C i t y o f E d m o n d s a n d T h e B l u e l i n e G r o u p , L L C f o r Co n s t r u c t i o n S e r v i c e s f o r 2 0 1 5 P r o j e c t s da t e d F e b r u a r y 6 , 2 0 1 5 00 1 A It e m # HR S F E E H R S F E E H R S F E E 10 . 0 - $ 0 . 0 - $ 4 0 . 0 4 , 2 0 0 $ 4 0 . 0 4 , 2 0 0 $ 2 P r o j e c t C l o s e - o u t , i n c l u d i n g p u n c h l i s t s , A s - b u i l t R e d l i n e s 0 . 0 - $ 0 . 0 - $ 8 . 0 8 4 0 $ 8 . 0 8 4 0 $ 3 500 $ To t a l 0 . 0 - $ 0 . 0 - $ 4 8 . 0 5 , 0 4 0 $ 4 8 . 0 5 , 5 4 0 $ 00 1 A 5 , 5 0 0 $ 00 1 B It e m # HR S F E E H R S F E E H R S F E E 10 . 0 - $ 0 . 0 - $ 1 6 . 0 1 , 6 8 0 $ 1 6 . 0 1 , 6 8 0 $ 20 . 0 - $ 0 . 0 - $ 6 5 0 . 0 6 8 , 2 5 0 $ 6 5 0 . 0 6 8 , 2 5 0 $ 3 P r o j e c t C l o s e - o u t , i n c l u d i n g p u n c h l i s t s , A s - b u i l t R e d l i n e s 0 . 0 - $ 0 . 0 - $ 1 6 . 0 1 , 6 8 0 $ 1 6 . 0 1 , 6 8 0 $ 4 6,500 $ To t a l 0 . 0 - $ 0 . 0 - $ 6 8 2 . 0 7 1 , 6 1 0 $ 6 8 2 . 0 7 8 , 1 1 0 $ *A s s u m e s 1 3 0 t o t a l w o r k i n g d a y s 00 1 B 7 8 , 1 0 0 $ 00 1 C It e m # HR S F E E H R S F E E H R S F E E 10 .0 - $ 0. 0 - $ 1 6 . 0 1 , 6 8 0 $ 16.0 1 , 6 8 0 $ 20 .0 - $ 0. 0 - $ 8 0 0 . 0 8 4 , 0 0 0 $ 800.0 8 4 , 0 0 0 $ 3 P r o j e c t C l o s e - o u t , i n c l u d i n g p u n c h l i s t s , A s - b u i l t R e d l i n e s 0. 0 - $ 0. 0 - $ 1 6 . 0 1 , 6 8 0 $ 16.0 1 , 6 8 0 $ 4 5,000 $ To t a l 0. 0 - $ 0. 0 - $ 8 3 2 . 0 8 7 , 3 6 0 $ 832.0 9 2 , 3 6 0 $ *A s s u m e s 1 0 0 t o t a l w o r k i n g d a y s 00 1 C 92,400 $ TOTAL FEE Co n s t r u c t i o n I n s p e c t o r TO T A L H R S Pa r t - t i m e f i e l d ( 2 w k s x 2 0 h r s / w k ) Co n s t r u c t i o n A d m i n i s t r a t o r Mi l e a g e ( 2 w k s x 2 5 0 m i / w k @ $ 1 / m i ) Ci t y o f E d m o n d s 2 0 1 5 C o n s t r u c t i o n S e r v i c e s De s c r i p t i o n $1 5 8 / h r $1 4 2 / h r Co n s t r u c t i o n I n s p e c t i o n S e r v i c e s 20 1 4 W a t e r Pr o j e c t M a n a g e r $1 0 5 / h r Co n s t r u c t i o n I n s p e c t i o n S e r v i c e s 20 1 5 W a t e r Pr o j e c t M a n a g e r C o n s t r u c t i o n A d m i n i s t r a t o r C o n s t r u c t i o n I n s p e c t o r De s c r i p t i o n $1 5 8 / h r $1 4 2 / h r $1 0 5 / h r TO T A L H R S TOTAL FEE Pr e - C o n s t r u c t i o n C o n f e r e n c e & P r e p Pa r t - t i m e f i e l d ( 2 6 w k s x 2 5 h r s / w k ) * Mi l e a g e ( 2 6 w k s x 2 5 0 m i / w k @ $ 1 / m i ) Co n s t r u c t i o n I n s p e c t i o n S e r v i c e s 20 1 5 S a n i t a r y S e w e r Pr o j e c t M a n a g e r C o n s t r u c t i o n A d m i n i s t r a t o r C o n s t r u c t i o n I n s p e c t o r De s c r i p t i o n $1 5 8 / h r $1 4 2 / h r $1 0 5 / h r TO T A L H R S TOTAL FEE Pr e - C o n s t r u c t i o n C o n f e r e n c e & P r e p Fu l l - t i m e f i e l d ( 2 0 w k s x 4 0 h r s / w k ) * Mi l e a g e ( 2 0 w k s x 2 5 0 m i / w k @ $ 1 / m i ) Th e B l u e l i n e G r o u p Packet Page 223 of 280 At t a c h m e n t ‘ B ’ t o t h e C o n t r a c t A g r e e m e n t f o r P r o f e s s i o n a l S e r v i c e s be t w e e n t h e C i t y o f E d m o n d s a n d T h e B l u e l i n e G r o u p , L L C f o r Co n s t r u c t i o n S e r v i c e s f o r 2 0 1 5 P r o j e c t s da t e d F e b r u a r y 6 , 2 0 1 5 Ci t y o f E d m o n d s 2 0 1 5 C o n s t r u c t i o n S e r v i c e s 00 1 D It e m # HR S F E E H R S F E E H R S F E E 10 . 0 - $ 0 . 0 - $ 8 . 0 8 4 0 $ 8 . 0 8 4 0 $ 20 . 0 - $ 0 . 0 - $ 4 0 0 . 0 4 2 , 0 0 0 $ 4 0 0 . 0 4 2 , 0 0 0 $ 3 P r o j e c t C l o s e - o u t , i n c l u d i n g p u n c h l i s t s , A s - b u i l t R e d l i n e s 0 . 0 - $ 0 . 0 - $ 8 . 0 8 4 0 $ 8 . 0 8 4 0 $ 4 5,000 $ To t a l 0 . 0 - $ 0 . 0 - $ 4 1 6 . 0 4 3 , 6 8 0 $ 4 1 6 . 0 4 8 , 6 8 0 $ *A s s u m e s 1 0 0 t o t a l w o r k i n g d a y s 00 1 D 4 8 , 7 0 0 $ 00 2 A It e m # HR S F E E H R S F E E H R S F E E 10 .0 - $ 2. 0 2 8 4 $ 0. 0 - $ 2.0 2 8 4 $ 2 P a y E s t i m a t e s & C h a n g e O r d e r s ( 1 e s t x 4 h r s ) 0. 0 - $ 4. 0 5 6 8 $ 0. 0 - $ 4.0 5 6 8 $ To t a l 0. 0 - $ 6. 0 8 5 2 $ 0. 0 - $ 6.0 8 5 2 $ 00 2 A 900 $ 00 2 B It e m # HR S F E E H R S F E E H R S F E E 10 .0 - $ 12 . 0 1 , 7 0 4 $ 0. 0 - $ 12.0 1 , 7 0 4 $ 20 .0 - $ 39 . 0 5 , 5 3 8 $ 0. 0 - $ 39.0 5 , 5 3 8 $ 3 P a y E s t i m a t e s & C h a n g e O r d e r s ( 7 m o x 4 h r s / m o ) 0. 0 - $ 28 . 0 3 , 9 7 6 $ 8. 0 8 4 0 $ 36.0 4 , 8 1 6 $ 4 650 $ To t a l 0. 0 - $ 79 . 0 1 1 , 2 1 8 $ 8. 0 8 4 0 $ 87.0 1 2 , 7 0 8 $ 00 2 B 12,700 $ TO T A L H R S TOTAL FEE We e k l y A d m i n T a s k s ( 2 w k s x 1 h r s / w k ) Co n s t r u c t i o n A d m i n i s t r a t i o n S e r v i c e s 20 1 5 W a t e r Co n s t r u c t i o n A d m i n i s t r a t i o n S e r v i c e s 20 1 4 W a t e r Pr o j e c t M a n a g e r C o n s t r u c t i o n A d m i n i s t r a t o r C o n s t r u c t i o n I n s p e c t o r De s c r i p t i o n $1 5 8 / h r $1 4 2 / h r $1 0 5 / h r Co n s t r u c t i o n I n s p e c t i o n S e r v i c e s 20 1 5 S t o r m D r a i n Pr o j e c t M a n a g e r C o n s t r u c t i o n A d m i n i s t r a t o r C o n s t r u c t i o n I n s p e c t o r De s c r i p t i o n $1 5 8 / h r $1 4 2 / h r $1 0 5 / h r TO T A L H R S TOTAL FEE Pr e - C o n s t r u c t i o n C o n f e r e n c e & P r e p Pa r t - t i m e f i e l d ( 2 0 w k s x 2 0 h r s / w k ) * Mi l e a g e ( 2 0 w k s x 2 5 0 m i / w k @ $ 1 / m i ) Pr o j e c t M a n a g e r C o n s t r u c t i o n A d m i n i s t r a t o r C o n s t r u c t i o n I n s p e c t o r De s c r i p t i o n $1 5 8 / h r $1 4 2 / h r $1 0 5 / h r TO T A L H R S TOTAL FEE Pr e - C o n s t r u c t i o n C o n f e r e n c e & P r e p We e k l y A d m i n T a s k s ( 2 6 w k s x 1 . 5 h r s / w k ) Mi l e a g e ( 1 3 w k s x 5 0 m i / w k @ $ 1 / m i ) Th e B l u e l i n e G r o u p Packet Page 224 of 280 At t a c h m e n t ‘ B ’ t o t h e C o n t r a c t A g r e e m e n t f o r P r o f e s s i o n a l S e r v i c e s be t w e e n t h e C i t y o f E d m o n d s a n d T h e B l u e l i n e G r o u p , L L C f o r Co n s t r u c t i o n S e r v i c e s f o r 2 0 1 5 P r o j e c t s da t e d F e b r u a r y 6 , 2 0 1 5 Ci t y o f E d m o n d s 2 0 1 5 C o n s t r u c t i o n S e r v i c e s 00 2 C It e m # HR S F E E H R S F E E H R S F E E 10 .0 - $ 12 . 0 1 , 7 0 4 $ 0. 0 - $ 12.0 1 , 7 0 4 $ 20 .0 - $ 30 . 0 4 , 2 6 0 $ 0. 0 - $ 30.0 4 , 2 6 0 $ 3 P a y E s t i m a t e s & C h a n g e O r d e r s ( 5 m o x 4 h r s / m o ) 0. 0 - $ 20 . 0 2 , 8 4 0 $ 5. 0 5 2 5 $ 25.0 3 , 3 6 5 $ 4 500 $ To t a l 0. 0 - $ 62 . 0 8 , 8 0 4 $ 5. 0 5 2 5 $ 67.0 9 , 8 2 9 $ 00 2 C 9,800 $ 00 2 D It e m # HR S F E E H R S F E E H R S F E E 10 .0 - $ 8. 0 1 , 1 3 6 $ 0. 0 - $ 8.0 1 , 1 3 6 $ 20 .0 - $ 30 . 0 4 , 2 6 0 $ 0. 0 - $ 30.0 4 , 2 6 0 $ 3 P a y E s t i m a t e s & C h a n g e O r d e r s ( 5 m o x 4 h r s / m o ) 0. 0 - $ 20 . 0 2 , 8 4 0 $ 6. 0 6 3 0 $ 26.0 3 , 4 7 0 $ 4 500 $ To t a l 0. 0 - $ 58 . 0 8 , 2 3 6 $ 6. 0 6 3 0 $ 64.0 9 , 3 6 6 $ 00 2 D 9,400 $ 00 3 A It e m # HR S F E E H R S F E E H R S F E E 1 R e m a i n i n g P M t a s k s 4. 0 6 3 2 $ 0. 0 - $ 0. 0 - $ 4.0 6 3 2 $ To t a l 4. 0 6 3 2 $ 0. 0 - $ 0. 0 - $ 4.0 6 3 2 $ 00 3 A 600 $ TO T A L H R S TOTAL FEE De s c r i p t i o n $1 5 8 / h r $1 4 2 / h r $1 0 5 / h r Pr o j e c t M a n a g e m e n t 20 1 4 W a t e r Pr o j e c t M a n a g e r C o n s t r u c t i o n A d m i n i s t r a t o r C o n s t r u c t i o n I n s p e c t o r Co n s t r u c t i o n A d m i n i s t r a t i o n S e r v i c e s 20 1 5 S a n i t a r y S e w e r Pr o j e c t M a n a g e r C o n s t r u c t i o n A d m i n i s t r a t o r C o n s t r u c t i o n I n s p e c t o r De s c r i p t i o n $1 5 8 / h r $1 4 2 / h r $1 0 5 / h r TO T A L H R S TOTAL FEE Pr e - C o n s t r u c t i o n C o n f e r e n c e & P r e p We e k l y A d m i n T a s k s ( 2 0 w k s x 1 . 5 h r s / w k ) Mi l e a g e ( 1 0 w k s x 5 0 m i / w k @ $ 1 / m i ) Co n s t r u c t i o n A d m i n i s t r a t i o n S e r v i c e s 20 1 5 S t o r m D r a i n Pr o j e c t M a n a g e r C o n s t r u c t i o n A d m i n i s t r a t o r C o n s t r u c t i o n I n s p e c t o r De s c r i p t i o n $1 5 8 / h r $1 4 2 / h r $1 0 5 / h r TO T A L H R S TOTAL FEE Pr e - C o n s t r u c t i o n C o n f e r e n c e & P r e p We e k l y A d m i n T a s k s ( 2 0 w k s x 1 . 5 h r s / w k ) Mi l e a g e ( 1 0 w k s x 5 0 m i / w k @ $ 1 / m i ) Th e B l u e l i n e G r o u p Packet Page 225 of 280 At t a c h m e n t ‘ B ’ t o t h e C o n t r a c t A g r e e m e n t f o r P r o f e s s i o n a l S e r v i c e s be t w e e n t h e C i t y o f E d m o n d s a n d T h e B l u e l i n e G r o u p , L L C f o r Co n s t r u c t i o n S e r v i c e s f o r 2 0 1 5 P r o j e c t s da t e d F e b r u a r y 6 , 2 0 1 5 Ci t y o f E d m o n d s 2 0 1 5 C o n s t r u c t i o n S e r v i c e s 00 3 B It e m # HR S F E E H R S F E E H R S F E E 1 8 . 0 1 , 2 6 4 $ 0 . 0 - $ 0 . 0 - $ 8 . 0 1 , 2 6 4 $ 2 R e v i e w I D R s / d o c u m e n t a t i o n ( 2 6 w k s x 1 h r / w k ) 2 6 . 0 4 , 1 0 8 $ 0 . 0 - $ 0 . 0 - $ 2 6 . 0 4 , 1 0 8 $ 3 2 6 . 0 4 , 1 0 8 $ 0 . 0 - $ 0 . 0 - $ 2 6 . 0 4 , 1 0 8 $ 4 2 6 . 0 4 , 1 0 8 $ 0 . 0 - $ 0 . 0 - $ 2 6 . 0 4 , 1 0 8 $ To t a l 8 6 . 0 1 3 , 5 8 8 $ 0 . 0 - $ 0 . 0 - $ 8 6 . 0 1 3 , 5 8 8 $ 00 3 B 13,600 $ 00 3 C It e m # HR S F E E H R S F E E H R S F E E 1 8. 0 1 , 2 6 4 $ 0. 0 - $ 0. 0 - $ 8.0 1 , 2 6 4 $ 2 R e v i e w I D R s / d o c u m e n t a t i o n ( 2 0 w k s x 1 h r s / w k ) 20 . 0 3 , 1 6 0 $ 0. 0 - $ 0. 0 - $ 20.0 3 , 1 6 0 $ 3 20 . 0 3 , 1 6 0 $ 0. 0 - $ 0. 0 - $ 20.0 3 , 1 6 0 $ 4 20 . 0 3 , 1 6 0 $ 0. 0 - $ 0. 0 - $ 20.0 3 , 1 6 0 $ To t a l 68 . 0 1 0 , 7 4 4 $ 0. 0 - $ 0. 0 - $ 68.0 1 0 , 7 4 4 $ 00 3 C 10,700 $ 00 3 D It e m # HR S F E E H R S F E E H R S F E E 1 8. 0 1 , 2 6 4 $ 0. 0 - $ 0. 0 - $ 8.0 1 , 2 6 4 $ 2 R e v i e w I D R s / d o c u m e n t a t i o n ( 2 0 w k s x 1 h r / w k ) 20 . 0 3 , 1 6 0 $ 0. 0 - $ 0. 0 - $ 20.0 3 , 1 6 0 $ 3 20 . 0 3 , 1 6 0 $ 0. 0 - $ 0. 0 - $ 20.0 3 , 1 6 0 $ 4 20 . 0 3 , 1 6 0 $ 0. 0 - $ 0. 0 - $ 20.0 3 , 1 6 0 $ To t a l 68 . 0 1 0 , 7 4 4 $ 0. 0 - $ 0. 0 - $ 68.0 1 0 , 7 4 4 $ 00 3 D 10,700 $ Pr o j e c t M a n a g e m e n t 20 1 5 W a t e r Pr o j e c t M a n a g e r C o n s t r u c t i o n A d m i n i s t r a t o r C o n s t r u c t i o n I n s p e c t o r De s c r i p t i o n $1 5 8 / h r $1 4 2 / h r $1 0 5 / h r TO T A L H R S TOTAL FEE In i t i a l P r o j e c t S e t u p , R e v i e w p l a n s / s p e c s Bu d g e t T r a c k i n g & I n v o i c i n g ( 2 6 w k s x 1 h r / w k ) Co o r d i n a t i o n w i t h S t a f f a n d C i t y ( 2 6 w k s x 1 h r / w k ) Pr o j e c t M a n a g e m e n t 20 1 5 S a n i t a r y S e w e r Pr o j e c t M a n a g e r C o n s t r u c t i o n A d m i n i s t r a t o r C o n s t r u c t i o n I n s p e c t o r De s c r i p t i o n $1 5 8 / h r $1 4 2 / h r $1 0 5 / h r TO T A L H R S TOTAL FEE In i t i a l P r o j e c t S e t u p , R e v i e w p l a n s / s p e c s Bu d g e t T r a c k i n g & I n v o i c i n g ( 2 0 w k s x 1 h r s / w k ) Co o r d i n a t i o n w i t h S t a f f a n d C i t y ( 2 0 w k s x 1 h r s / w k ) Pr o j e c t M a n a g e m e n t 20 1 5 S t o r m D r a i n Pr o j e c t M a n a g e r C o n s t r u c t i o n A d m i n i s t r a t o r C o n s t r u c t i o n I n s p e c t o r De s c r i p t i o n $1 5 8 / h r $1 4 2 / h r $1 0 5 / h r TO T A L H R S TOTAL FEE In i t i a l P r o j e c t S e t u p , R e v i e w p l a n s / s p e c s Bu d g e t T r a c k i n g & I n v o i c i n g ( 2 0 w k s x 1 h r / w k ) Co o r d i n a t i o n w i t h S t a f f a n d C i t y ( 2 0 w k s x 1 h r / w k ) Th e B l u e l i n e G r o u p Packet Page 226 of 280    AM-7498     14.              City Council Meeting Meeting Date:02/24/2015 Time:15 Minutes   Submitted By:Kernen Lien Department:Planning Type: Information  Information Subject Title Access Options for Potential Lots near Restlawn Cemetery Recommendation To direct that Resolution No. 1005 be reconsidered in the near future or left in place as is. Previous Council Action City Council adopted Resolution No. 1005 on July 17, 2001. Narrative The subject of Resolution No. 1005 (Exhibit 1) is a 20 foot strip of land which is bordered by the Forest Glenn neighborhood on the south, Restlawn Cemetery and the Woodway Meadows neighborhood on the north, 104th Avenue West on the east and the Woodway Highlands neighborhood in the Town of Woodway on the west. This property is currently identified as a City of Edmonds parcel on the Snohomish County parcel maps. In the late 1990’s (around 1999) when the Woodway Highlands subdivision in the Town of Woodway was being planned, the developer sought to use this strip of land as emergency access for the Woodway Highlands subdivision. At that time it was discovered that the strip of land was not City of Edmonds right-of-way, as had been assumed. When the surrounding area was annexed into Edmonds in 1995, it was thought that this property had transferred to the City of Edmonds as right-of-way; however, it was actually a separate parcel (along with a 20-foot wide section in 104th Avenue West that runs to the northern boundary of Hickman Park) still under the ownership of Snohomish County.  Upon the City’s acceptance of the deed for this property (Exhibit 2), the City Council adopted a temporary resolution restricting the use of the property and forwarded the matter to the Planning Board to offer a recommendation on a use of the property. After holding a public hearing the Planning Board provided the City Council a recommendation restricting uses to those identified in the temporary resolution. These use restrictions were formally adopted in Resolution No. 1005 on July 17, 2001, which designated the use of this strip of land for the following purposes: 1. For previously established access to private properties from the aforementioned strip of land to be maintained by private property owners to, but only to, the limited extent such access was establish on or before the date of recordation of Treasurer’s Deed No. 5358; and 2. For maintenance of an access to water, sewer and other public utilities duly franchised by the City of Edmonds, including but not limited to utility structures maintained by the Olympic View Water District, Packet Page 227 of 280 structures maintained by the City’s drainage utilities and other public utilities authorized to use public property within the City of Edmonds pursuant to statute, ordinance and franchise agreement. 3. For emergency access purposes including such limited improvement of the area as ordered by the Town of Woodway pursuant to development approvals for Woodway Highlands Subdivision or under the terms and conditions of any street-use permit issued by the City of Edmonds to the developer authorizing use of the strip of land. Section 2 of Resolution No. 1005 also noted the City Council in its legislative discretion could ultimately determine and/or redetermine the use of this property. Staff is bringing Resolution No. 1005 to Council’s attention at this time because of some proposed and potential development in the area. A 4-lot short plat application (PLN20150001) has been submitted for an undeveloped parcel south of the cemetery and adjacent to 104th Avenue West. In addition, a de-dedication process for a portion of the cemetery property to the west of the aforementioned subdivision parcel has begun which could ultimately result in five additional single-family residential lots. Staff is under statutory deadlines to process the current short plat application and decisions made on the short plat will ultimately affect access to the cemetery property to the west as described below. The current short plat application (PLN20150001) originally proposed using the City owned strip of land along with additional private property to be dedicated to the City to provide sufficient street access to the west three lots. This concept is also shown on preliminary development plans for the cemetery property to west. However; upon discovery of Resolution No. 1005, staff informed the developer the strip of land owned by the City had specific use restrictions. The developer subsequently provided plans showing access to the 4-lot short plat from 104th Avenue West entirely on their property (not using any of the emergency access parcel). While this site design is code compliant, it limits options for access to the cemetery property to the west. With the short plat providing access entirely within the boundaries of its property and Resolution No. 1005 in place, access for residential development of the cemetery property would have to be provided through the cemetery itself.  At this time, staff is asking Council whether Resolution No. 1005 should be reconsidered as part of a public process in the near future, or left in place as is.  Please refer to Exhibit 3, a PowerPoint presentation, which shows the area in question and some different development options.  Attachments Exhibit 1 - Resolution No. 1005  Exhibit 2 - Deed 5358 Exhibit 3 - PowerPoint Presentation Form Review Inbox Reviewed By Date Development Services Shane Hope 02/19/2015 10:53 AM City Clerk Scott Passey 02/19/2015 11:12 AM Mayor Dave Earling 02/19/2015 01:04 PM Finalize for Agenda Scott Passey 02/19/2015 01:05 PM Form Started By: Kernen Lien Started On: 02/18/2015 08:30 AM Final Approval Date: 02/19/2015  Packet Page 228 of 280 Packet Page 229 of 280 Packet Page 230 of 280 Packet Page 231 of 280 P a c k e t P a g e 2 3 2 o f 2 8 0 P a c k e t P a g e 2 3 3 o f 2 8 0 Packet Page 234 of 280 RESOLUTION NO. 1005 City Council February 24, 2015 Packet Page 235 of 280 Woodway Meadows Woodway Highlands Forest Glenn City Parcel Packet Page 236 of 280 Resolution No. 1005 Adopted by the City Council in 2001 Limited Use of Tract to: Previously established access to private properties to the limited extent such access was established For maintenance of an access to water, sewer and other public utilities For emergency access purposes May be revisited at the legislative discretion of the City Council Packet Page 237 of 280 Four-Lot Short Plat PLN20150001 Potential Cemetery Redevelopment with Five Residential Lots plus cemetery maintenance lot Packet Page 238 of 280 PLN20150001 City Parcel Packet Page 239 of 280 City Parcel Packet Page 240 of 280 City Parcel Packet Page 241 of 280 PLN20150001 City Parcel Packet Page 242 of 280 Packet Page 243 of 280 Reconsider Resolution No. 1005? Does the Council want to reconsider Resolution 1005? Packet Page 244 of 280    AM-7485     15.              City Council Meeting Meeting Date:02/24/2015 Time:20 Minutes   Submitted For:Council President Fraley-Monillas Submitted By:Jana Spellman Department:City Council Committee: Type: Information Information Subject Title Discussion regarding Code of Ethics Recommendation Previous Council Action 2012 Council Retreat: Council made this subject a priority for 2012 (minutes attached) April 10, 2012 Public Safety and Personal Committee :  This agenda items was discussed (minutes attached). 2013 Council Retreat:  This item was discussed (minutes attached). March 12, 2013 Public Safety and Personnel Committee:  This item was discussed (minutes attached). April 9, 2013 Public Safety and Personnel Committee:  This item was discussed (minutes attached). July 9, 2013 PS/P Committee:  This item was discussed (minutes attached). July 30, 2013 Council Meeting:  This item was put on the August 20, 2013 Council Agenda. See excerpt from July 30, 2013 minutes below: "DISCUSSION REGARDING CODE OF ETHICS This item was moved to the August 20, 2013 Council meeting via action taken under Agenda Item 2." August 20, 2013 Council Meeting: Council President Petso suggested due to the late hour and remaining items on the agenda items that this item be postponed to a future meeting. August 27, 2013 Council Meeting: This item was discussed (minutes attached). September 9, 2014 PS/P Committee:  This item was discussed (minutes attached). December 9, 2014 Council Meeting:  Due to the lateness of the hour, this item was rescheduled for the December 16, 2014 Council Meeting. December 16, 2014 Council Meeting:  See attached minutes.   See attached minutes. Packet Page 245 of 280 January 13, 2015 Council Meeting:  See attached minutes. Narrative Discussion regarding a Code of Ethics has been ongoing since 2013.  A Code of Ethics document has been placed on this agenda for discussion. Attachments Attach 1: 2012 Council Retreat Minutes  Attach 2 April-10-12 Minutes Public Safety, Personnel Committee Attach 3 - Exerpt from 2012 FINAL Edmonds Personnel Policies Attach 4 - Ord 3689 Conflict of Interest Attach 5: Excerpt from 2013 Council Retreat Minutes Attach 6: Minutes 3/12/13 PS/P Committee Attach 7: Minutes 7/9/13 PS/P Committee  Attach 8 - 8/27/13 Council Minutes Attach - 9 - 09-09-14 Public Safety and Personnel Committee _Attach 10 - Dec. 16 2014 Approved Council Minutes Attach 11- 04-09-13 Public Safety and Personnel Committee Attach 12 - Jan 13 2015 APPROVED Council Minutes Attach 13 - Code of Ethics UPDATED 2-12-2015 Form Review Inbox Reviewed By Date City Clerk Scott Passey 02/19/2015 08:14 AM Mayor Dave Earling 02/19/2015 09:49 AM Finalize for Agenda Scott Passey 02/19/2015 09:58 AM Form Started By: Jana Spellman Started On: 02/11/2015 11:08 AM Final Approval Date: 02/19/2015  Packet Page 246 of 280 Edmonds City Council Retreat Draft Minutes February 2-3, 2011 Page 17 before the Council is first a committee meeting or work session. Issues that have a financial impact will be discussed at a work session rather than just by the Finance Committee. It was the consensus of the Council to change the name of the Community Services/Development Services Committee to the Public Works, Parks and Planning Committees. • Mission Statements Committees will determine whether to develop a mission statement. Councilmembers Buckshnis and Yamamoto will develop a mission statement for the Finance Committee. • Clarify the Public Safety/Human Resources Committee It was the consensus of the Council to change the name of the Public Safety/Human Resources to Committee to the Public Safety and Personnel Committee. • Community Outreach, Tree Board Council President Peterson explained there has been a proposal to restart the Community Outreach Committee. Councilmember Plunkett recalled the Community Outreach Committee was discontinued after 3 years; no new methods of communicating were identified. Mayor Earling commented on the potential for an electronic newsletter. Discussion followed regarding whether to form a code rewrite committee so that the code rewrite is Council and citizen driven, technical expertise required for the code rewrite, having staff make periodic presentations at Council work sessions regarding the rewrite, the proposal by staff to restructure the code, providing opportunity for citizen comment but having professionals assemble the changes, citizen knowledge that could benefit the process, concern with citizens participating for their own benefit or at least that perception, proposal to have user groups test the model, ability for any citizen to identify code conflicts regardless of whether there is a committee structure, and asking staff whether forming a committee in the future could be helpful. The Council agreed to seek feedback from Planning Manager Rob Chave and Building Official Leonard Yarberry regarding forming a code rewrite committee and schedule further discussion on a work session agenda. Council President Peterson suggested enhancing the Council portion of the website with more updates, etc. and working with the Mayor on an electronic newsletter and then consider whether a Community Outreach Committee is needed. It was the consensus of the Council to add a Council liaison to the Tree Board and to make it a paid committee position. • Ethics Council President Peterson recalled there has been discussion about developing a code of ethics for Councilmembers. Councilmembers Fraley-Monillas, Bloom and Petso offered to serve on an ad hoc committee that would review other cities’ codes and present a draft to the Council. • Miscellaneous Mr. Taraday explained a special meeting notice must be issued for Tuesday committee meetings that begin at 6:00 p.m. If the Council wished to continue holding committee meetings at 6:00 p.m., he suggested revising the code to reflect that start time. Packet Page 247 of 280 1 PUBLIC SAFETY/PERSONNEL COMMITTEE MEETING MINUTES April 10, 2012 Committee members present: Council Member K. Michael Plunkett Council Member Joan Bloom Others present: HR Manager Mary Ann Hardie Citizen Don Hall Council Member Plunkett called the meeting to order at 7:19 pm. DISCUSSION ON CODE OF ETHICS (RELATING TO COUNCIL MEMBERS) Council Member Michael Plunkett opened the discussion by stating it was unclear as to what action/direction should be taken at this point with regard to this as Council had not given any specific direction regarding this topic although one or some council member(s) may have wanted to discuss this further. Council Member Joan Bloom stated that she had reviewed the City of Kirkland’s Code of Ethics and the Mountlake Terrace Code of Ethics and there were some concerns that she had with using a code of ethics similar to theirs. Council Member Bloom further stated that she was not aware that there was a code of ethics for Council Members. HR Manager Mary Ann Hardie affirmed this. Council Member Bloom stated that she would like to build a policy regarding a code of ethics and that this process needs to move forward. Council Member Plunkett stated that he was willing to discuss this topic since it was on the agenda, but that that he may not be interested in moving this forward [for Council consideration]. Ms. Hardie stated that she had discussed this HR Committee subject with Carrie Hite (Parks, Recreation & Cultural Services Director) prior to the meeting and that they both agreed that HR would likely not be the best (nor most appropriate) committee for this forum. Additionally, while HR had provided samples of codes of ethics from other cities it would seem that the City Attorney and/or the City Clerk’s Office [or Council] may be more appropriate for this process. Ms. Hardie also emphasized that HR was willing to continue to provide information as needed to the committee to assist with the process, but that this was not a [specific to] HR function since it did not pertain to employee related policies. There was some discussion that followed by the committee about what the process would be to create a code of ethics policy for Council members, creating a committee for this and whether or not the HR Committee was the appropriate committee for the discussion. Council Member Plunkett emphasized his concern about the subjectivity of some of the other policies from other cities and that [while the City may not have a specific code of ethics for Council Members] there are state laws that Council Members must follow. Council Member Bloom stated that she understood Council Member Plunkett’s concerns but that due to the expressed interest/concern from the citizens about the possible need for this policy, she felt it was important for: 1) The City of Edmonds to have this policy; 2) this information to be available to citizens (as well as being part of transparency of information and citizen participation); and 3) there to be continued work toward the creation of such a policy. Council Member Plunkett stated that he would like to make this information easier for citizens to access. Council Member Bloom stated that since there does not usually appear to be a large agenda for the HR Committee, that the work on this code of ethics policy could be done at this committee and that the Cities of Kirkland, Mountlake Terrace and another city may be reviewed for further policy consideration. Council Member Plunkett agreed that this could be kept on the HR Committee Meeting agenda and that further review of the policy will occur at the next meeting. Packet Page 248 of 280 2 PUBLIC COMMENT PERIOD Citizen Don Hall stated that he agreed with Council Member Plunkett that some of the code of ethics policies from other cities that he had come across did appear to be too subjective. Citizen Hall further stated that he became more interested in this topic of discussion after it was discovered that Council Members were not considered to be employees of the City and are not held to the same City Personnel Policy standards although [perhaps] they should be. This process will likely require a lot of “hands on” work and will be a difficult process. The meeting adjourned at 7:44 pm Packet Page 249 of 280 53 CHAPTER X EMPLOYEE RESPONSIBILITIES AND CODE OF ETHICS 10.1 GENERAL CODE OF CONDUCT The City’s primary function is to provide service to the citizens of Edmonds. To achieve that goal, all employees are expected to treat the public as their most valued customer. All employees are expected to serve the public in a professional manner, which is courteous, efficient and helpful. Employees must maintain a clean and neat appearance appropriate to their work assignment, as determined by their position and department head. Since the proper working relationship between employees and the City depends on each employee's on-going job performance, professional conduct and behavior, the City has established certain minimum standards of personal and professional conduct. Among the City's expectations are: tact and courtesy towards the public and fellow employees; adherence to City policies, procedures, safety rules and safe work practices; compliance with directions from supervisors; preserving and protecting the City's equipment, grounds, facilities and resources; and providing orderly and cost efficient services to its citizens. In addition, all persons representing the City of Edmonds are expected to conduct business in the following manner: All persons, representing the City of Edmonds, shall conduct business in a professional manner, respecting all citizens’ rights, and showing courtesy to all. Their actions shall be conducted within compliance of the laws and regulations governing the City’s actions, including but not limited to RCW Title 42. City representatives are expected to conduct business in an open manner. They shall not engage in any conduct which would reflect unfavorably upon City government or any of the services it provides. They must avoid any action which might result in or create the impression of using their position for private gain, giving preferential treatment or privileged information to any person, or losing impartiality in conducting the City’s business. 10.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST Employees shall not, directly or indirectly, engage in any outside employment or financial interest which may conflict, in the City's opinion, with the best interests of the City or interfere with the employee's ability to perform his/her assigned City job. Examples include, but are not limited to, outside employment which: Packet Page 250 of 280 54 (1) prevents the employee from being available for work beyond normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee's job; (2) is conducted during the employee's work hours; (3) utilizes City telephones, computers, supplies, credit, or any other resources, facilities or equipment; (4) is employed with a firm which has contracts with or does business with the City; or (5) may reasonably be perceived by members of the public as a conflict of interest or otherwise discredits public service. 10.3 REPORTING IMPROPER GOVERNMENT ACTION In compliance with the Local Government Employee Whistleblower Protection Act, RCW 42.41.050, this policy is created to encourage employees to disclose any improper governmental action taken by city officials or employees without fear of retaliation. This policy also safeguards legitimate employer interests by encouraging complaints to be made first to the City, with a process provided for speedy dispute resolution. Key Definitions: Improper Governmental Action is any action by a city officer or employee that is: (1) undertaken in the performance of the official's or employee's official duties, whether or not the action is within the scope of the employee's employment, and (2) in violation of any federal, state or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds. (3) "improper governmental action" does not include personnel actions (hiring, firing, complaints, promotions, reassignment, for example). In addition, employees are not free to disclose matters that would affect a person's right to legally protected confidential communications. City employees who become aware of improper governmental action should follow this procedure: Bring the matter to the attention of his/her supervisor, if non-involved, in writing, stating in detail the basis for the employee's belief that an improper action has occurred. This should be done as soon as the employee becomes aware of the improper action. Packet Page 251 of 280 55 Where the employee believes the improper action involves their supervisor, the employee may raise the issue directly with Human Resources, their Department Director or the Mayor. Where the employee believes the improper action involves the Mayor, the employee may raise the issue with Human Resources or the City Attorney. The Mayor or his/her designee, as the case may be, shall promptly investigate the report of improper government action. After the investigation is completed (within thirty (30) days of the employee's report), the employee shall be advised of the results of the investigation, except that personnel actions taken as a result of the investigation may be kept confidential. An employee who fails to make a good faith effort to follow this policy shall not be entitled to the protection of this policy against retaliation, pursuant to RCW 42.41.030. In the case of an emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, the employee may bypass the above procedure and report the improper action directly to the appropriate government agency responsible for investigating the improper action. For the purposes of this section, an emergency is a circumstance that if not immediately changed may cause damage to persons or property. Employees may report information about improper governmental action directly to an outside agency if the employee reasonably believes that an adequate investigation was not undertaken by the City to determine whether an improper government action occurred, or that insufficient action was taken by the City to address the improper action or that for other reasons the improper action is likely to recur. Outside agencies to which reports may be directed include: Snohomish County Prosecuting Attorney Washington State Auditor M/S 504 Capital Campus Everett, WA 98201 P.O. Box 40021 (425)388-3333 Olympia, WA 98504 (360)902-0370 Washington State Attorney General 1125 Washington Street SE P.O. Box 40100 Olympia, WA 98504 (360)753-6200 If the above-listed agencies do not appear to appropriate in light of the nature of the improper action to be reported, contact information for other state and county agencies may be obtained via the following link: http://access.wa.gov/agency/agency.aspx. It is unlawful for a local government to take retaliatory action because an employee, in good faith, provided information that improper government action occurred. Retaliatory Packet Page 252 of 280 56 Action is any material adverse change in the terms and conditions of an employee's employment. Employees who believe they have been retaliated against for reporting an improper government action should follow this procedure: Procedure for Seeking Relief against Retaliation : (1) Employees must provide a written complaint to the supervisor within thirty (30) days of the occurrence of the alleged retaliatory action. If the supervisor is involved, the notice should go to the Mayor. If the Mayor is involved, the notice should go to the City Attorney. The written charge shall specify the alleged retaliatory action and the relief requested. (2) The Mayor or his/her designee, as the case may be, shall investigate the complaint and respond in writing within thirty (30) days of receipt of the written charge. Additional time to respond may be necessary depending on the nature and complexity of the complaint. (3) After receiving the City's response, the employee may request a hearing before a state administrative law judges (ALJ) to establish that a retaliatory action occurred and to obtain appropriate relief under the law. The request for hearing must be delivered within the earlier of either fifteen (15) days of receipt of the City's response to the charge of retaliatory action or forty-five (45) days of receipt of the charge of retaliation to the Mayor for response. (4) Within five (5) working days of receipt of a request for hearing the City shall apply to the State Office of Administrative Hearing's for an adjudicative proceeding before an administrative law judge. Office of Administrative Hearings PO Box 42488 Olympia, WA 98504-2488 360.407.2700 800.558.4857 360.664.8721 Fax (5) At the hearing, the employee must prove that a retaliatory action occurred by a preponderance of the evidence in the hearing. The ALJ will issue a final decision not later than forty-five (45) days after the date of the request for hearing, unless an extension is granted. The Mayor or designee is responsible for implementing these policies and procedures. This includes posting the policy on the City bulletin board, making the policy available to any employee upon request, and providing the policy to all newly hired employees. Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. Packet Page 253 of 280 57 Violations of this policy and these procedures may result in appropriate disciplinary action, up to and including dismissal. 10.4 POLITICAL ACTIVITIES City employees may participate in political or partisan activities of their choosing provided that City resources and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions. Employees may not campaign on City time or in a City uniform or while representing the City in any way. Employees may not allow others to use City facilities or funds for political activities without a paid rental agreement. Any City employee who meets with or may be observed by the public or otherwise represents the City to the public, while performing his/her regular duties, may not wear or display any button, badge or sticker relevant to any candidate or ballot issue during working hours. Employees shall not solicit, on City property or City time, for a contribution for a partisan political cause. Except as noted in this policy, City employees are otherwise free to fully exercise their constitutional First Amendment rights. 10.5 NO SMOKING POLICY The City maintains a smoke-free workplace. No smoking of tobacco products or electronic smoking devices is permitted anywhere in the City’s buildings or vehicles, and offices or other facilities rented or leased by the City. If an employee chooses to smoke, it must be done outside at least 25 feet from entrances, exits, windows that open, and ventilation air intakes. 10.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS The City cannot assume responsibility for any theft or damage to the personal belongings of City employees. Therefore, the City requests that employees avoid bringing valuable personal articles to work. Employees are solely responsible for ensuring that their personal belongings are secure while at work. Employees should have no expectation of privacy as to any items or information generated/stored on City systems. Employees are advised that work-related searches of an employee’s work area, workspace, computer and electronic mail on the City’s property may be conducted without advance notice. The City reserves the right to search employee desks, lockers and personal belongings brought onto City premises if necessary. Employees who do not consent to inspections may be subject to discipline, up to and including immediate termination. Please see Attachment A - INFORMATION SERVICES - ACCEPTABLE USE POLICY - for guidelines on use of City computers. 10.7 USE OF TELEPHONES AND CITY VEHICLES Use of City phones and City cellular phones for local personal phone calls and text messaging should be kept to a minimum; long distance personal use is prohibited. Other City equipment, including vehicles, should be used by employees for City business only, unless otherwise Packet Page 254 of 280 58 approved by the Department Director. Employees' misuse of City services, telephones, vehicles, equipment or supplies can result in disciplinary action up to and including termination. The City reminds employees that Washington state law restricts the use of cell phones and PDA’s while driving. Employees must comply with applicable laws while engaging in work for the City. 10.8 BULLETIN BOARDS Information of special interest to all employees is posted regularly on the City bulletin boards. Employees may not post any information on these bulletin boards without the authorization of the Department Head. 10.9 MEDIA RELATIONS The Mayor or designated department heads shall be responsible for all official contacts with the news media during working hours, including answering of questions from the media. The Mayor or department head may designate specific employees to give out procedural, factual or historical information on particular subjects. 10.10 USE OF SAFETY BELTS Per Washington law, anyone operating or riding in City vehicles must wear seat belts at all times. 10.11 DRIVER'S LICENSE REQUIREMENTS As part of the requirements for certain specific City positions, an employee may be required to hold a valid Washington State Driver's license and/or a Commercial Driver’s License (CDL). If an employee fails his or her CDL physical examination or the license is revoked, suspended or lost, or is in any other way not current, valid, and in the employee's possession, the employee shall promptly notify his/her department head and will be immediately suspended from driving duties. The employee may not resume driving until proof of a valid, current license is provided to his/her department head. Depending on the duration of license suspension, revocation or other inability to drive, an employee may be subject to disciplinary action, up to and including termination. Failure on the part of an employee to notify their department director of the revocation, suspension, or loss of driving privileges may subject the employee to disciplinary action, up to and including termination. 10.12 SOLICITATIONS Most forms of selling and solicitations are inappropriate in the workplace. They can be an intrusion on employees and citizens and may present a risk to employee safety or to the security of City or employee property. The following limitations apply: Persons not employed by the City may not solicit, survey, petition, or distribute literature on our premises at any time. This includes persons soliciting for charities, salespersons, questionnaire surveyors, labor union organizers, or any other solicitor or distributor. Exceptions to this rule may be made in special circumstances where the City determines that an exception would serve the best interests of the organization and our employees. An example of an exception might be the United Way campaign or a similar, community-based fund raising effort. Packet Page 255 of 280 59 Employees may not solicit for any purpose during work time. Reasonable forms of solicitation are permitted during non-work time, such as before or after work or during meal or break periods. Soliciting employees who are on non-work time may not solicit other employees who are on work time. Employees may not distribute literature for any purpose during work time or in work areas, or through the City’s electronic systems. The employee lunchroom is considered a non-work area under this policy. 10.13 USE OF CITY CREDIT Unless otherwise authorized by City policy or specifically authorized by the Mayor, no City employee is authorized to commit the City to any contractual agreement, especially an agreement that lends the City’s credit in any way. Employees are prohibited from conducting personal business with companies in any way which improperly implies the employee is acting as an agent of the City. 10.14 SUBSTANCE ABUSE The City's philosophy on substance abuse has two focuses: (1) a concern for the well being of the employee and (2) a concern for the safety of other employees and members of the public. As part of our employee assistance program, we encourage employees who are concerned about their alcohol or drug use to seek counseling, treatment and rehabilitation. Although the decision to seek diagnosis and accept treatment is completely voluntary, the City is fully committed to helping employees who voluntarily seek assistance to overcome substance abuse problems. In most cases, the expense of treatment may be fully or partially covered by the City's benefit program. Please see the EAP counselor for more information. In recognition of the sensitive nature of these matters, all discussions will be kept confidential. Employers who seek advice or treatment will not be subject to retaliation or discrimination. Although the City is concerned with rehabilitation, it must be understood that disciplinary action may be taken when an employee's job performance is impaired because he/she is under the influence of drugs or alcohol on the job. The City may discipline or terminate an employee possessing, consuming, selling or using alcohol, or controlled substances (other than legally prescribed) during work hours or on City premises, including break times and meal periods. The City may also discipline or terminate an employee who reports for duty or works under the influence of alcohol or controlled substances. Employees may also not report for work when their performance is impaired by the use of prescribed or over-the-counter medications. The City reserves the right to search employee work areas, offices, desks, filing cabinets etc. to ensure compliance with this policy. Employees shall have no expectation of privacy in such areas. Any employee who is convicted of a criminal drug violation in the workplace must notify the organization in writing within five calendar days of the conviction. The organization will take appropriate action within 30 days of notification. Federal contracting agencies will be notified when appropriate. Packet Page 256 of 280 60 Testing: Certain employees of the City, including those who must possess CDLs or who have safety sensitive positions, are subject to random d rug and alcohol testing. Any employee may also be required to submit to alcohol or controlled substance testing when the City has reasonable suspicion that the employee is under the influence of controlled substances or alcohol. Refusal to submit to testing, when requested, may result in immediate disciplinary action, including termination. The City may also choose to pursue criminal charges, if violations of law are suspected. The City has adopted Drug and Alcohol Testing Policies and Procedures, which more specifically describe the City’s substance abuse policy, and these are incorporated herein by reference as Appendix B. Packet Page 257 of 280 Packet Page 258 of 280 Packet Page 259 of 280 Packet Page 260 of 280 Packet Page 261 of 280 Packet Page 262 of 280 Packet Page 263 of 280 Packet Page 264 of 280 Edmonds City Council Retreat Draft Minutes February 1-2, 2013 Page 21 to watch the January 23 joint meeting with the Planning Board, Economic Development Commission and the consultant. With regard to student volunteers, he recalled his son was a student volunteer on the skate park and worked three years to design and build it. He used that experience in college. If the Council pursues a parks levy, he recommended including a project for students in order to engage them in campaigning for the levy. He agreed with Mr. Hertrich’s suggestion for the Council to appoint a representative to the School District and also suggested Councilmembers attend the Superintendent’s monthly roundtable meetings. 9. ETHICS BOARD AND CODE OF ETHICS Councilmember Bloom explained she wanted the Council to adopt an ethics policy that addresses board/commission, elected officials and staff. There are many policies in Washington could be adapted for Edmonds. The next step is to form an ethics committee; if a citizen has a question about something such as a conflict of interest, they can go to the ethics committee and determine whether something is potentially an ethics violation. She recommended the Council, 1) adopt an ethics policy, and 2) form an ethics committee. She sought Council approval for the Public Safety & Personnel Committee to pursue this. Ms. Hite explained the recently adopted personnel policy has an extensive ethics policy for employees; that is the best place for policies regarding employees. She encouraged the Council to develop an ethics policy for boards/commissions and elected officials but not to include employees. Discussion followed regarding other cities’ ethics policies, past unsuccessful efforts to develop a code of ethics policy, developing a policy with enough examples to provide direction, and the difference between a code of conduct and code of ethics. Summary: Refer development of code of ethics to Public Safety and Personnel Committee. 11. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION No action. 10. MISCELLANEOUS Based on yesterday’s discussion regarding public comment at committee meetings, Council President Petso distributed language for committee meeting notices and asked Councilmember to submit comments/concerns to Ms. Chase. The retreat was adjourned at 11:37 p.m. Packet Page 265 of 280 Public Safety & Personnel Committee March 12, 2013 Page 2 of 3 Action: Take item to full Council for further discussion after draft discussion points and possible ordinance language received from Officer Dawson. C. Discussion and potential action regarding possible amendment of City Code 8.48, Parking, Paragraph 8.48.215 B.2. Joan Ferebee, Court Administrator, explained she attended a Parking Committee Meeting to bring to their attention the difficulty the Municipal Court is experiencing with the section of the City Code that allows citizens who receive a parking ticket to pay a reduced fine if the individual pays the fine by the end of the next business day after the issuance of the parking ticket. Generally, the Court does not have the tickets in their system that quickly. Therefore, the individuals can become very angry and upset when they come to the Municipal Court and are not able to pay. Ms. Ferebee stated that the Parking Committee recommended removing the section of the Code that allows for a reduced fine if it is paid by the end of the next business day. Councilmember Peterson stated that he was in agreement with eliminating the reduced fine. He stated that he would work with the City Attorney to create an ordinance to place on the consent agenda. Councilmember Bloom was in agreement. Action: Councilmember Peterson will work with the City Attorney to create an ordinance eliminating the reduced fine. The Ordinance is to be placed on a future Consent Agenda for approval. D. Student and Senior Volunteers Councilmember Bloom stated she would like to support the Boards and Commissions in obtaining student volunteers. She suggested that a senior volunteer could assist Jana Spellman, Senior Executive Council Assistant, in getting the word out to the various schools. Councilmember Peterson suggested Ms. Spellman could email the school board or a volunteer coordinator in the school system to determine if there are students interested in volunteering. Councilmember Bloom suggested a senior volunteer could work with Jana to develop a framework for contacting all of the schools with the appropriate person to contact and to advertise. Councilmember Peterson cautioned that managing a volunteer can take more time. He suggested talking with the Council President as she is in charge of Ms. Spellman’s schedule. Councilmember Bloom also recalled that at the Council Retreat, Councilmember Johnson suggested an event be held to recognize city volunteers. Councilmember Bloom stated she will discuss with the Mayor the idea of scheduling a yearly event. E. Ethics Board and Code of Ethics Councilmember Bloom suggested narrowing down the list of sample policies from other cities for the City Attorney to work with in developing the policy for Edmonds. She suggested using the policies from the cities of Bainbridge Island, Lynnwood and Monroe. Packet Page 266 of 280 Public Safety & Personnel Committee March 12, 2013 Page 3 of 3 Councilmember Bloom stated that she would like the policy to include appointed officials (directors) in addition to elected officials and members of boards and commissions. Councilmember Peterson stated that he did not think the policy needed to address appointed officials (directors) as they answer to the Mayor. The Committee concluded that a further discussion on a Code of Ethics policy would be scheduled for the April Committee Meeting to determine which policy will be sent to the City Attorney. F. Discussion regarding taking minutes during Council Committee Meetings. Councilmember Peterson stated that if detailed/complete minutes are desired it would be necessary to pay someone to attend the meetings for this purpose. If action minutes are prepared (which is the way it has generally always been done), then he did not think councilmembers should take the minutes as it is difficult to participate in the discussion and take minutes. Councilmember Bloom agreed that councilmembers should not take minutes. After discussion, Councilmembers Bloom and Peterson agreed on the following recommendation: • Action minutes for committee meetings, prepared by staff members in attendance. • If a controversial item is scheduled, arrangements for more detailed minutes will be made. • Summary comments made by citizens should be included. Committee members will summarize citizen comments if no staff is available. • Work with Council President related to agenda items to make sure a staff member is available for each item discussed at the committee meeting. • Committee minutes are to be forwarded to committee chairs for review (as time allows). G. Public Comments There were no public comments. The committee meeting adjourned at 8:17 p.m. Packet Page 267 of 280 Public Safety & Personnel Committee July 9, 2013 Page 5 of 5 Councilmember Peterson suggested dropping reference to 2.10.050 in this section of the code. Councilmember Bloom next pointed out that 2.10.050 refers to both finance director and community services director, however the title of the section does not reflect this. Further, Councilmember Bloom believes the positions of Executive Assistant to the Council and the Mayor’s Executive Assistant should not be part of this chapter as they are not City Officers. Committee members agreed to request the City Attorney to determine if these positions should be in a different section of the code. D. Discussion regarding Code of Ethics. Committee members discussed ethics policies from Bainbridge Island, Lynnwood and Kirkland. Councilmember Bloom referred to the policy from Bainbridge Island and would like to include the requirement for members to “disclose a conflict of interest” as a standing requirement at all city meetings for all officials. Councilmember Peterson commented that he believes the Council does a good job at this disclosure; however, having it on each agenda is a good reminder. Further discussion occurred related to policies, including the possible consideration of a Code of Ethics Officer. After discussion the committee agreed to forward to the next work session of the City Council the Bellevue and Kirkland ethics policies and the Kirkland Code of Conduct for discussion. The committee also recommended including the statement from Bainbridge Island related to disclosure of conflict of interest for all officials. After full Council discussion, direction can then be given to the City Attorney on how to proceed. Ms. Hite indicated she would bring back information on a Code of Ethics Officer. The meeting adjourned at 8:07 p.m. Packet Page 268 of 280 Edmonds City Council Draft Minutes August 27, 2013 Page 12 Councilmember Johnson said longevity compensation makes sense for employees who are at the top of their scale and have no opportunity for further advancement. She expressed interest in further information about the fiscal impact of longevity compensation retroactive to 2013 as well as the fiscal impact for outlying years. Councilmember Fraley-Monillas commented the pay scale for nonrepresented employees is a separate issue and should be addressed separately rather than piecemealed via longevity pay. She noted longevity pay would not motivate employees to seek promotion or to remain in the City’s employment. Longevity pay is part of a compensation package that was negotiated with the other groups. She preferred to consider longevity pay for nonrepresented employees as part of a compensation package. Ms. Hite pointed out longevity compensation was part of a package for nonrepresented employees that the compensation consultant presented to the Council. The Council asked to have it pulled out for continued discussion. Councilmember Peterson agreed the Council was provided a compensation package for nonrepresented that was similar to represented employees. It was the Council’s decision to separate out some items. He suggested the next agenda memo include the complete compensation package that was presented by the compensation consultant. Ms. Hite summarized the information the Council was requesting in addition to the original compensation package includes, 1) the fiscal impact for retroactivity in 2013, 2) fiscal impact for outlying years, 3) a flat rate approach and the fiscal impact. Due to the absence of 3 Councilmembers from the September 17 and 24 meetings, Mayor Earling suggested information be provided at next week’s meeting or a full Council meeting be held on September 10. Council President Petso suggested either staff return with the information soon or it be addressed as a decision package in the 2014 budget. 11. DISCUSSION REGARDING CODE OF ETHICS Parks & Recreation/Reporting Human Resources Director Carrie Hite explained the Personnel Committee has been comparing and contrasting Codes of Ethics for cities throughout the Puget Sound region. Two documents the committee has been considering include Kirkland and Bellevue’s Code of Ethics. The committee has also discussed Bainbridge Island’s code. Kirkland adopted a Code of Conduct in addition to a Code of Ethics. She explained a Code of Conduct describes professional responsibilities; a Code of Ethics describes legal responsibilities. A Code of Ethics would apply to the Council, boards and commissions; staff is guided by a Code of Conduct in the City’s personnel policies. The Personnel Committee has also expressed interest in identifying an Ethics Officer. Some of the comparable models reviewed by the Personnel Committee identify an Ethics Officer outside the organization in order to have an objective, non-vested perspective in researching a Code of Ethics issues. For example Kirkland and Bellevue contract with an Ethics Officer on an as needed basis who is only paid when a Code of Ethics issue needs to be investigated. Neither Kirkland nor Bellevue had incurred any expenses for outside review of a Code of Ethics violation. Councilmember Bloom noted the attachments are in the August 20, 2013 packet. She clarified in addition to Councilmembers, boards and commissions, the Code of Ethics would cover all elected officials including the Mayor. Kirkland and Bellevue’s Codes of Ethics do not include a Mayor because they have a City Manager form of government. Councilmember Bloom expressed concern with including the requirement in 3.14.040 of Kirkland’s policy related to financial disclosure for all officials. Officials are defined as all members of boards and commissions. Kirkland’s policy excludes the Mayor and Council because elected officials must present Packet Page 269 of 280 Edmonds City Council Draft Minutes August 27, 2013 Page 13 all financial information on a yearly basis. She did not support requiring all members of boards and commissions to disclose their financial information and suggested that be excluded that from Edmonds’ Code of Ethics; Bellevue’s Code of Ethics does not have that requirement. She also suggested consideration be given to the complaint process and who handles complaints. For example Kirkland involves the Hearing Examiner and the City Council in the event of a complaint regarding a Councilmember. Councilmember Peterson agreed with Councilmember Bloom’s concern about requiring members of boards and commissions to disclose financial information. He agreed with the Council considering a Code of Ethics in a proactive approach rather than a reactive approach. He supported the City having a Code of Ethics for elected officials and boards and commissions, anticipating a Code of Ethics would make the Council’s work easier if an ethical issue arose. As Councilmember Buckshnis indicated, a Code of Ethics can be subjective, but responding to an ethical complaint would be even more subjective without a Code of Ethics. Councilmember Fraley-Monillas advised Snohomish County adopted a Code of Conduct for all boards and commissions and every commission and board member must acknowledge they have read and understand the Code of Conduct. She encouraged Councilmembers to review Snohomish County’s Code of Conduct for elected and appointed officials. Councilmember Bloom asked whether Snohomish County’s Code of Conduct was similar to Kirkland’s. Councilmember Fraley-Monillas responded Snohomish County may be more thorough and straightforward. Council President Petso said she was pleased to see Kirkland’s Code of Conduct in the packet and was interested in pursuing a Code of Conduct. She was concerned about the Code of Ethics and Ethics Officer and complaint enforcement. She feared a person who did not agree with an official’s position on an issue could file an ethics complaint. She indicated she was unlikely to support a Code of Ethics that included a complaint process, an Ethics Officer and enforcement. She found Bellevue’s Code of Ethics less objectionable; the statement of intent is to not to limit people who could serve on boards and commissions and elected officials. She agreed the financial disclosure in Kirkland’s Code of Ethics would likely deter citizens from volunteering for a board or commission. Council President Petso noted there are other aspects, particularly in Kirkland’s Code of Ethics that would deter citizens from volunteering to serve on a board or commission. There are events that do not constitute an ethics issue but might under a poorly drafted policy. For example when she was appointed to Council, a relative was serving on the Sister City Commission; that did not create an issue for her or him. It would have been unfortunate if the Code of Ethics forced one of them to resign their position. One of Kirkland’s policies indicated it would be a conflict if a person serving on a board of commission lived in your household. In the example she provided, the person did live in her household for a period of time but it had no impact on his ability to serve on the Sister City Commission. Council President Petso relayed the City Attorney wanted the Council to discuss whether they were interested in developing a Code of Ethics for Edmonds because it will take him a great deal of time to develop it. Less legal time would be involved in drafting a Code of Conduct. Councilmember Buckshnis preferred the Bainbridge Island Code of Ethics. She agreed with not requiring boards and commissions to disclose financial information, commenting Councilmembers file with the Public Disclosure Commission. She liked the Code of Conduct although she feared it could be subjective. She recalled recent emotionally charged conversations with a fellow Councilmember that could have been interpreted as an argument. She preferred to start with a Code of Conduct using Snohomish County as an example. Packet Page 270 of 280 Edmonds City Council Draft Minutes August 27, 2013 Page 14 Councilmember Bloom also liked Bainbridge Island’s Code of Ethics policy the best. She recalled Councilmember Peterson’s concern with Bainbridge Island’s creation of an Ethics Board and the need for staff support for such a board. She supported adopting a Code of Ethics for the Council, boards and commissions. She explained an ethics violation was not related to conduct but rather conflicts of interest. She asked the City Attorney to describe an ethics violation. City Attorney Sharon Cates answered Code of Ethics are related to conflict of interest issues, not interpersonal interaction. Councilmember Bloom commented Bainbridge Island’s policy allows citizens to ask questions about potential ethics violations and the Ethics Board decides whether to pursue a complaint. Bainbridge Island’s policy also has consequences for bringing a frivolous or unsubstantiated complaint. She asked if that was typical of ethics policies. Ms. Cates answered a solid ethics code includes a process for determining whether a complaint is an ethics violation. Councilmember Bloom noted an ethics complaint is required to be notarized and to include information about the violation. Councilmember Buckshnis expressed support for the Personnel Committee working on a Code of Conduct similar to Kirkland’s. Councilmember Yamamoto agreed with the Committee continuing to consider a Code of Conduct and a Code of Ethics. He encouraged Councilmembers to submit suggestions/comments/concerns to the committee. Councilmember Fraley-Monillas suggested scheduling further discussion on either the September 17 or 24 Council meetings. Council President Petso agreed it could be scheduled with the understanding it would be discussion only due to the absence of three Councilmembers. Councilmember Peterson suggested Councilmembers review Bainbridge Island’s ethics policy on their website. He agreed there were good ideas in the policy; he was opposed to creating an Ethics Board. Councilmember Bloom agreed with first establishing a Code of Conduct but did not want to abandon the idea of a Code of Ethics. The Personnel Committee has discussed it at length and the community would like the City to have an ethics policy. Councilmember Buckshnis agreed with Councilmember Peterson’s concern with creating an Ethics Board. She preferred to use a professional Ethics Officer. 14. REPORT ON OUTSIDE BOARD AND COMMITTEE MEETINGS Councilmember Johnson reported on her participation on the review of arts and cultural aspects of the Parks, Recreation and Open Space Plan. She described efforts to gather input from the public including a survey at the recent concert in the park. There is also an online survey available. Councilmember Bloom reported the Tree Board discussed definitions in the Tree Code including hazardous trees, nuisance trees and trees. Councilmember Bloom reported the Council interviewed a new member for the Lodging Tax Advisory Committee tonight. Councilmember Bloom reported on her first meeting as the Council liaison to the Port of Edmonds liaison. The Commission discussed budget issues and promotional efforts. The Commission was also provided a project update including expansion of Anthony’s Beach Café as well as the roof on Harbor Square building 2 which is $30,000 under budget and will last 20-30 years. Packet Page 271 of 280 Minutes PUBLIC SAFETY & PERSONNEL COMMITTEE MEETING September 9, 2014 Elected Officials Present Staff Present Councilmember Adrienne Fraley-Monillas Councilmember Strom Peterson The meeting was called to order at 7:29 p.m. A. Discussion Regarding Code of Ethics Councilmember Fraley-Monillas explained the proposed code of ethics was a simplified version and was intended to cover staff, elected officials, volunteers, etc. She reviewed the bulleted items in the proposed code and suggested that enforcement be a separate policy. Committee members discussed minor amendments to the wording of the code of ethics. Action: Councilmember Fraley-Monillas will edit the code and email to Councilmember Peterson. Schedule for full Council in the future. B. Public Comment – None The meeting was adjourned at 7:36 p.m. Packet Page 272 of 280 Edmonds City Council Approved Minutes December 16, 2014 Page 25 Councilmember Peterson relayed the ECA/EPFD has been looking for different funding sources. The roof is a key element of the structure. If the roof fails the City will still own the building in the future. It seems logical to add that capital project to the City’s capital budget request. COUNCILMEMBER MESAROS CALLED FOR THE QUESTION, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS. CALL FOR THE QUESTION FAILED (4-3) FOR LACK OF A SUPER MAJORITY; COUNCILMEMBERS BLOOM, PETSO AND FRALEY-MONILLAS VOTING NO. Councilmember Fraley-Monillas preferred to delay a vote until her questions were answered. She was concerned about the Frances Anderson Center versus the ECA. Mayor Earling relayed his conversation with staff; the Frances Anderson Center needs attention but Mr. Stevens indicated it can last a while longer whereas the failure of the ECA roof is affecting rentals. Mr. Williams felt the Frances Anderson Center roof could be delayed a year. Councilmember Fraley-Monillas preferred speak to Mr. Stevens and determine how he prioritized projects and why funding for the Frances Anderson Center roof was moved from 2015 to 2016. Councilmember Petso relayed the ECA/EPFD has undertaken a small project to stop the leaks for now but she did not know the longevity of that project. MAIN MOTION CARRIED (4-2-1), COUNCILMEMBERS BLOOM AND FRALEY-MONILLAS VOTING NO AND COUNCILMEMBER PETSO ABSTAINING. 13. DISCUSSION REGARDING CODE OF ETHICS Mayor Earling advised this item will be rescheduled to a January meeting. 14. MAYOR'S COMMENTS Mayor Earling announced all the Giving Tree requests at City Hall and Frances Anderson Center have been picked up. He announced Kernen Lien was selected as Employee of the Year. He wished the Community and the Council Happy Holidays. 15. COUNCIL COMMENTS Student Representative Eslami wished everyone Happy Holidays and a Happy New Year. Councilmember Mesaros reported on his December 4 tour of the Police Department. He thanked Officer Barker for the visit to the Prism Range and Officer Sutton for the ridealong. He attended the Seashore Forum on December 5 and was the only non-King County person at the Climate and Clean Energy Meeting on Mercer Island on December 9. The meeting was very informative and included discussion regarding climate issues that will be before the legislature this session. On December 11 he attended the SnoCom Board meeting; the New World system will be launched soon. Councilmember Mesaros announced his reappointment of John Rubenkonig to the Economic Development Commission (EDC). Councilmember Peterson wished everyone a Happy Holiday and looked forward to the New Year. Councilmember Bloom announced her reappointment of Douglas Swartz to the EDC and her appointment of Jenny Antilla to the EDC. Attachment 10 Packet Page 273 of 280 Public Safety & Personnel Committee April 9, 2013 Page 2 of 4 Chief Compaan talked about the limitations about citing and with court appearances. He prefers voluntary compliance and an education program. This seems to be difficult to enforce with compliance. Councilmember Bloom asked PR Director Hite for clarification about the recreational immunity law. PR Director Hite clarified the issue with requiring helmets at the skateboard park, and/or in parks, and if the city can't enforce it, it could impact our ability to satisfy the recreational immunity law if someone gets injured. Councilmember Peterson asked if Cascade Bicycle Club and Edmonds Bicycle Club supports this. He stated that he could support this, but really would emphasize public education. Fire Marshal Westfall commented regarding the public education aspects of sports and bicycle usage. Fire District #1 has conducted Edmonds community bike rodeos at fire station open houses in the past. All fire stations have available, during daytime hours, bicycle and multi-sport helmets that can be fitted to children. The helmets are offered with a suggested donation that can be mailed to our headquarters later. The helmet fitting is also a great opportunity to discuss safety items with the kids and their parents. Additionally, FD#1 is a member of the Safe Kids Coalition of Snohomish County, part of a worldwide kids' safety network. McDonalds Corporation provided "citations" for uniformed fire and police to encourage safe riding when kids are found wearing helmets. These citations are valid for exchange of a happy meal at local McDonalds. Councilmember Bloom would also agree to a bicycle helmet ordinance. Next steps: Committee requests the City Attorney to work on an ordinance and research. Chief Compaan stated he will contact the City attorney and work with him on this. D. Resolution regarding Robert’s Rules. A presentation to Council on Robert's Rules of Order is on the extended agenda for the April 16 council meeting. Council President Petso will be asked to put the draft resolution adopting Roberts Rules of Order on the agenda for discussion and vote at a council meeting following this (April 23 or later). E. Code of Ethics The Bainbridge Island Code of Ethics will be used as the framework for our policy. Councilmember Peterson will email passages from other code of ethics that he thinks should be considered for inclusion. The City Attorney will be asked to draft a policy for Council review. Council will also discuss forming an Ethics Board. F. Public Comments Citizen Don Hall stated that when a complaint was filed by an attorney, it was revealed that there is no code of ethics for officials of the City of Edmonds. He was supportive of moving forward with putting a code of ethics in place, noting that it has been in the works for over a year. He is also of the opinion that once we have a code of ethics, we should Packet Page 274 of 280 Public Safety & Personnel Committee April 9, 2013 Page 3 of 4 go ahead with forming an Ethics Board as well, because it means nothing if there is no means of enforcement. Citizen Ken Reidy commented that the helmet law for the skateboard park of the city of Milton was repealed in response to legal advice. He questioned whether or not renewal of the Development Services Director position can go on the consent agenda due to necessity of Council approval of the appointment. Following is the text of the remainder of Mr. Reidy’s three minute comments: “I am here to express my strong support for the adoption of a comprehensive Code of Ethics and eventually an Ethics Board. In my opinion, the City Councils’ greatest priorities should be the prompt completion of the Code Rewrite, the adoption of a Code of Ethics and the establishment of an Ethics Board. During his recent State of the City Address, Mayor Earling lamented that in Edmonds, we simply do not trust each other. The City’s need to rebuild trust is critical and it requires strong action. The City can’t just simply ask for more trust – the City needs to take bold action to earn more trust. Prioritizing the Code rewrite and Ethics must be at the foundation of the City’s efforts to regain trust. Citizens should not receive emails like I have in the past stating that “By the way, Snyder mentioned they think you have been hit hard in the market and may choose not to proceed for financial reasons.” Why would the City even consider my financial situation in any City decision making process, including whether or not to employ the tool of government known as Code Enforcement? A strong commitment to Ethics is absolutely critical at the City. When Ethics don’t govern conduct, innocent citizens can be greatly harmed. In March of 2009, during an alley vacation, the City retained an easement on my property for the sole benefit of a private developer. For years, I have searched online all over the country to try and find a similar easement. I have never found one like the one retained on my property. The City Council retained the Easement in March of 2009 after Snyder told them the City was trying to balance my interests with the developer’s interests. The City Council was told right before their vote that one goal of the City was to save my shed. The City Council was not advised as to the related State (RCW 35.79.030) and City laws. The City didn’t try to balance my interests or save my shed. They immediately Code Enforced against my shed. I was able to get the City to admit that the developer's planned retaining wall ended well before my shed, but the City wouldn’t drop its Code Enforcement. Every time I convinced the City their Code Enforcement efforts were improper, they simply replaced it with a new, refined Code Enforcement order. Look at the multiple Code Enforcements I was subject to (Show multiple orders) related to the same shed. On July 17, 2009, a "Framework for Resolution" was discussed between Snyder and the local developer's attorney in which the developer offered to drop the legal action if Reidys' shed and trees were removed by the Deadline Date of August 6, 2009. I had no knowledge at that time of these private "Framework for Resolution" discussions. Packet Page 275 of 280 Public Safety & Personnel Committee April 9, 2013 Page 4 of 4 There were no Executive Sessions during the time period but the City actually took steps to get my shed and trees removed by the Deadline Date of August 6, 2009!! I am a great example of why an Ethics Board is needed. Please adopt a comprehensive Code of Ethics and an Ethics Board.” The meeting was adjourned at 7:05 PM. Packet Page 276 of 280 Edmonds City Council Approved Minutes January 13, 2015 Page 16 voting block; she voted for the candidate she felt was best and she made a very reasoned choice. She preferred Councilmember Mesaros’ suggestion but starting with a large number of applicants. Councilmember Petso said the process Councilmember Mesaros described is exactly what she is trying to avoid as it reminded her of the City Attorney process where a compromise choice was eliminated with only two candidates. She encouraged the Council not to do that, finding it very manipulative. Councilmember Bloom suggested the Council may want to go into executive session more frequently to discuss the candidates if there are deadlocks. Council President Fraley-Monillas summarized: •Consensus reached to make a decision on February 3 regarding whether all candidates will be interviewed •Consensus reached regarding the 40 minute interview length and informing applicants about the length of time •No consensus reached regarding the voting process (discuss at future Council meeting) 13. DISCUSSION REGARDING CODE OF ETHICS Councilmember Bloom said the code of ethics proposed by Council President Fraley-Monillas and Councilmember Peterson was essentially the major bullet points in Shoreline’s Code of Ethics but not the sub-points. Her research found a lot of confusion between what ethics are and what conduct is. Ethics is a field of study and many professions are required to take code of ethics classes to maintain their licenses. Not including the sub-points expects the public to know what is meant by the bullet points. Shoreline’s policy is succinct and gives examples under each bullet. She did not want to eliminate the specific examples, finding that watered the code down to where it was not understandable. A citizen reading the code needs those details to determine whether someone has committed a breach of ethics. Councilmember Bloom referred to Shoreline’s policy, specifically seek no favor; believe that personal benefit or profit secured by confidential information or by misuse of public time is dishonest. She asked Mr. Taraday to explain the last bullet point regarding reference checking: reference checking and responding to agency requests are a normal function of municipal business and is not prohibited if it does not adversely affect the operation of the City. Mr. Taraday suggested asking Shoreline. Councilmember Bloom summarized that was the only thing in Shoreline’s policy that may need to be removed. Council President Fraley-Monillas read from the proposed code of ethics, The purpose of the Edmonds Code of Ethics is to strengthen the quality of government through ethical principles which shall govern the conducted of elected and appointed officials and employees. She pointed out appointed officials and employees are covered under the code of ethics that exists for staff including department directors. The proposed code of ethics addresses only Councilmembers. Councilmember Bloom said all other codes of ethics include elected and appointed officials which would include all the directors who are nominated by the Mayor and approved by Council. Council President Fraley-Monillas reiterated there is a separate code of ethics for staff. Councilmember Bloom asked to see staff’s code of ethics. Mr. Taraday explained all employees are subject to the personnel policies which include obligations that could be considered ethical obligations. To the extent Council feels there is a gap in the obligations already placed on employees in the personnel policies, he recommended fixing that gap by supplementing the personnel policies so that anything that applies to an employee is contained in the personnel policies. He cautioned against having 2-3 different documents that outline staff’s obligations. Attachment 12 Packet Page 277 of 280 Edmonds City Council Approved Minutes January 13, 2015 Page 17 Councilmember Bloom said she was not talking about all the employees; she was talking about appointed officials or officers, the directors who make decisions related to the code. Every ethical policy she has reviewed includes the officers. Mr. Taraday commented it is difficult to discuss in the abstract without knowing exactly what ethical obligation she was interested in imposing on a particular officer; it may already be in the personnel policies. Councilmember Bloom said what she has seen does not include what is in the code of ethics. She asked that the ethics policy in the personnel policy to be presented to the Council. Council President Fraley-Monillas referred to Attachment 3, Employee Responsibilities and Code of Ethics. She read from Attachment 3, • All persons, representing the City of Edmonds, shall conduct business in a professional manner, respecting all citizens’ rights, and showing courtesy to all. • Their actions shall be conducted within compliance of the laws and regulations governing the City’s actions, including but not limited to RCW Title 42. • City representatives are expected to conduct business in an open manner • They shall not engage in any conduct which would reflect unfavorably upon City government or any of the services it provides. • They must avoid any action which might result in or create the impression of using their position for private gain, giving preferential treatment or privileged information to any person, or losing impartiality in conducting the City’s business Council President Fraley-Monillas said Attachment 3 also includes a section on outside employment and conflicts of interest and how to report improper government action. She was uncertain what else needed to be addressed in a code of ethics. The department directors are City staff and should adhere to the employee responsibilities and code of ethics in the personnel policies, not the proposed code of ethics. Councilmember Petso shared her concern with the code of ethics concept: there are questions regarding who it applies to, whether it only applies to Councilmembers, where it applies to appointed officers which she was told also includes members of boards and commissions. She referred to one of the vouchers the Council approved where the payee is a member of a board or commission and the service purchased from that person was related to the commission on which that person serves. She questioned whether that was somewhere the City wanted to go and what was the motivation. She discovered for each ethical conflict there are a variety of responses including, 1) do nothing and approve the voucher, or 2) investigate. She summarized possibly complying with the law is good enough. Councilmember Buckshnis recalled two instances of commissioners acting inappropriately in the last two years. She preferred the code of ethics not apply to staff as there are already personnel policies in place. She suggested starting small and expanding as necessary. Some people believe a code of ethics is very important; she believed in treating others like you want to be treated, be professional, be an adult, make decisions and move forward. She suggested minor changes could be made to the proposed code of ethics. Council President Fraley-Monillas commented ethics mean different things to different people which is why the code was shortened and bulleted. She and Councilmember Peterson began with Shoreline’s language but eliminated portions because it can be so subjective. Councilmember Mesaros suggested the Council consider the code of ethics presented by Council President Fraley-Monillas, correcting the opening paragraph to remove employees. He felt the code of ethics should apply to boards and commissions and elected officials. He liked the brevity, simplicity and clarity of the proposed code. Mayor Earling advised the directors are employees of the City and he would reject any other interpretation. If the Council included boards and commissions, he suggested the Council consider how they would present it to each board and commission to ensure they understood their responsibilities. Packet Page 278 of 280 Edmonds City Council Approved Minutes January 13, 2015 Page 18 If this comes back to the Council again, Councilmember Johnson requested including the code of conduct that was adopted at the end of 2013. For Councilmember Petso, Council President Fraley-Monillas advised the proposed code of ethics is contained in Attachment 10. Councilmember Bloom did not agree with including the code of conduct, relaying it is different than a code of ethic and the City needs to have both. A code of ethics addresses conflict of interest; a code of conduct addresses contact and how people treat each other. She disagreed with watering down the code of ethics as people do not understand what ethics are. The bullet points in Shoreline’s code offer clarity and help people understand. She recommended having an ethic officer which could be a contract position. Councilmember Buckshnis was strongly opposed to an ethics commission because she feared it would turn into a political issue. She suggested starting small and expanding as necessary. She did not support including staff as they are already covered by the personnel policies. Council President Fraley-Monillas suggested moving this to another study session. She agreed the code of conduct was far different than a code of ethics. 14. CONTINUED DISCUSSIONS ON THE STUDY SESSIONS Due to the late hour, this item was postponed to a future meeting. 15. MAYOR'S COMMENTS Mayor Earling reminded of the Snohomish County Cities meeting this Thursday. The meeting will include Congresswoman DelBene and election of AWC and other positions. To Councilmember Buckshnis, Mayor Earling said Go Seahawks. 16. COUNCIL COMMENTS Councilmember Buckshnis said Go Pack Go. She will be not be in town for Sunday’s game but will be watching game with her husband. She thanked everyone who called her; she received numerous compliments about the last year and about various Councilmembers. She looked forward to this being a wonderful year. Councilmember Johnson also said Go Hawks. Councilmember Petso said Go Hawks. She relayed the Historic Preservation Commission is reviewing a certificate of appropriateness for work to the exterior and grounds of the museum property. She will make information available at the Council office. Councilmember Bloom concurred it will be good year. Councilmember Mesaros said he will be in Phoenix on February 1 and offered to be the City’s official representative at the Super Bowl. Council President Fraley-Monillas said Seahawks. Packet Page 279 of 280 CODE OF ETHICS The purpose of the Edmonds Code of Ethics is to strengthen the quality of government through ethical principles which shall govern the conduct of appointed citizen volunteers serving in an official capacity (i.e. Boards and Commissions). . We shall: • Be dedicated to the concepts of effective and democratic government. • Affirm the dignity and worth of the services rendered by government and maintain a sense of social responsibility. • Be dedicated to the highest ideals of honor and integrity in all public and personal relationships. • Recognize that the chief function of local government at all times is to serve the best interest of all the people. • Keep the community informed on municipal affairs encourage communications between the citizens and all municipal officers. Emphasize friendly and courteous service to public and each other; seek to improve the quality of public service, and confidence of citizens. • Seek no favor; do not personally benefit or profit by confidential information or by misuse of public resources. • Conduct business of the city in a manner which is not only fair in fact, but also in appearance. • Follow Washington statutes, city ordinances or regulations in the course of performing duties. 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