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2024-05-21 Council Packet
of c�,y s Agenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 MAY 21, 2024, 7:00 PM PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE FOR THE PURPOSE OF PROVIDING AUDIENCE COMMENTS CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR COMMENT BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 THOSE COMMENTING USING A COMPUTER OR SMART PHONE ARE INSTRUCTED TO RAISE A VIRTUAL HAND TO BE RECOGNIZED. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS BY DIAL -UP PHONE ARE INSTRUCTED TO PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. WHEN YOUR COMMENTS ARE CONCLUDED, PLEASE LEAVE THE ZOOM MEETING AND OBSERVE THE REMAINDER OF THE MEETING ON THE COUNCIL MEETINGS WEB PAGE. REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. "WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND ACKNOWLEDGMENT 1. CALL TO ORDER/FLAG SALUTE 2. LAND ACKNOWLEDGEMENT 3. ROLL CALL 4. PRESENTATION 1. Public Works Week Proclamation (5 min) 5. APPROVAL OF THE AGENDA 6. AUDIENCE COMMENTS THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. Edmonds City Council Agenda May 21, 2024 Page 1 7. RECEIVED FOR FILING 1. Written Public Comments (0 min) 2. March 2024 Quartery Financial Report (0 min) 3. April 2024 Monthly Financial Report (0 min) 4. 2023 Transportation Benefit District Report (0 min) 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of Special Meeting Minutes May 7, 2024 2. Approval of Council Minutes May 7, 2024 3. Approval of claim checks and wire payments. 4. Approval of payroll and benefit checks, direct deposit and wire payments. S. Amending ECC 5.24.010 -Firearms and Dangerous Weapons 6. Amendment to the Fiber Consortium Interlocal Agreement 7. Job Order Contracting - Proposal and Agreement Extension 8. Fleet Mechanic Job Description Revision 9. Presentation of Amendment to PSA with Herrera for the Storm and Surface Water Comprehensive Plan 10. Approval of PSA with consultant, Rock Project Management Services LLC (ROCK), for Capital Projects Construction Management, Engineering & Inspection Services 11. Award Construction Contract for the 2024 Utility Replacement Project 12. Award Construction Contract to Granite Construction Company for 2024 Overlay Program 9. PUBLIC HEARING 1. Accessory Dwelling Unit Code Amendment to allow for Detached Accessory Dwelling Units — "Expanding housing options by easing barriers to the construction and use of accessory dwelling units in accordance with HB 1337." (45 min) 10. COUNCIL BUSINESS 1. Utility Bond Issue (15 min) 2. Ordinance Changing the Date of Monthly Council Committee Meetings (5 min) 11. CONVENE IN EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION, RCW 42.30.110(1)(1) (20 MIN.) 12. RECONVENE IN OPEN SESSION 13. COUNCIL COMMENTS 14. MAYOR'S COMMENTS ADJOURNMENT Edmonds City Council Agenda May 21, 2024 Page 2 4.1 City Council Agenda Item Meeting Date: 05/21/2024 Public Works Week Proclamation Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Since 1960 the American Public Works Association has sponsored National Public Works Week to educate the public on the importance of public works to their daily lives. The City takes this opportunity to recognize the efforts of the Edmonds Public Works and Utilities Department for providing consistent, high -quality service in the design, construction, operation, maintenance, and repair of our public works systems and facilities. Staff Recommendation n/a Narrative The attached proclamation recognizes the substantial contributions made by Public Works and designates the week of May 20 - 24, 2024 as Public Works Week in Edmonds. Attachments: PW Week 2024 Packet Pg. 3 4.1.a r.acX��xx��ctt�� City of Edmonds •Office of the Mayor PUBLIC WORKS WEEK WHEREAS; The many services provided to our community by the Department of Public Works & Utilities are of vital importance to the health, safety, comfort, and well- being of the people of this Community; and WHEREAS; These infrastructure, facilities and services could not be provided without the dedicated efforts of our public works professionals, who are responsible for potable water distribution, wastewater sewage collection and treatment, stormwater drainage, public facilities, vehicle fleets, and street construction, maintenance, and traffic control; and WHEREAS; It is in the public interest for the citizens, civic leaders and community members in the City of Edmonds to understand and recognize the importance of public works and public works programs in their respective communities; and, WHEREAS; City of Edmonds Department of Public Works & Utilities employees provide much more than basic, routine service and the extraordinary efforts of our diverse public works employees are deserving of acknowledgement for their many contributions to our citizen's quality of life; NOW, THERFORE; I, Mike Rosen, Mayor of the City of Edmonds, do hereby proclaim the week of May 19 - 25, 2024 Public Works Week in Edmonds Mike Rosen, Mayor — May 21, 2024 Packet Pg. 4 7.1 City Council Agenda Item Meeting Date: 05/21/2024 Written Public Comments Staff Lead: City Council Department: City Council Preparer: Scott Passey Background/History N/A Staff Recommendation Acknowledge receipt of written public comments. Narrative Public comments submitted to the web form for public comments <https://www.edmondswa.gov/publiccomment> between April 16, 2024 and April 29, 2024. Attachments: Written Public Comments May 21 Packet Pg. 5 7.1.a Edmonds City Council Public Comments - May 21, 2024 Online Form 2024-05-01 12:36 PM(MST) was submitted by Guest on 5/1/2024 3:36:47 PM (GMT-07:00) US/Arizona FirstName Melinda LastName Nelsen CityOfResidence Edmonds AgendaTopic Recent Explore Edmonds Newsletter Comments I enjoy getting the Explore Edmonds newsletter, the most recent of which is R&R in Edmonds - we live in a special place! Just pointing out that there is a conflicting message in these newsletters about dog -friendliness here when most signage at the beaches, pier, parks and walkways specifically call out dogs as either not allowed or to be on a short leash (except the off - leash dog area at Marina Park). Without any posted stewards at these places to encourage responsible dog ownership, most visitors blow past the signage. At least maybe include the link below from your website in future newsletters as a gentle reminder of the dos and don'ts of dogs in Edmonds. https://www.edmondswa.gov/cros/one.aspx?portaLld=16495016&pageld=l7278059 Thank you for'listening'! Melinda Nelsen Online Form 2024-05-09 11:51 AM(MST) was submitted by Guest on 5/9/2024 2:51:53 PM (GMT-07:00) US/Arizona FirstName Jane LastName Monahan CityOfResidence Edmonds AgendaTopic Future Fire/Emergency Services Comments Council Members: Regarding the 3 options under consideration for future Fire/Emergency Services I would like for the Council to consider the following. I believe that Edmonds should have the most effective and professional services possible. After all, we are talking about life and death here. To me this means an adequate number of highly trained personnel who are paid a competitive rate and stay on the job. It also means professional experienced leadership and accountability within the organization. Great service also requires the right equipment that is up -to date and maintained accompanied by regular training. Something tells me that standing up a new Fire Department just for Edmonds as part of the Edmonds Budget will not result in the best services available. Can Edmonds afford to attract and retain the best w r _ d E 0 U 2 3 a m r r Packet Pg. 6 7.1.a professionals? Can Edmonds afford the latest vehicles and equipment? As part of the City budget support for Fire/Emergency could rise and fall with each administration and budget year. Does Edmonds really want to take on this responsibility/liability? Just on the general principle of economies of scale it would seem the ongoing South County Fire or Shoreline Fire would be in a better position to provide the best services. I have no data to measure the past performance of either group but some must be available such as complaints, response time, staff turnover, coverage, etc. This is what the Council should focus on - who can provide the best service - for making a decision. Many commentators seem to be more concerned about how the services are paid for, i.e., by the City or through property taxes. I would like to go on record as saying it is fine with me to pay my share for fire and emergency services through direct taxes if this is what is needed for good reliable service. It is possible that Edmonds has been getting a good deal for several years and w now we must start paying market value for the services. Respectfully, Jane Monahan c d E E 0 U t� Packet Pg. 7 7.2 City Council Agenda Item Meeting Date: 05/21/2024 March 2024 Quartery Financial Report Staff Lead: Kim Dunscombe Department: Administrative Services Preparer: Sarah Mager Background/History N/A Staff Recommendation Receive for Filing Narrative March 2024 Quarterly Financial Report Attachments: March 2024 Quarterly Financial Report Packet Pg. 8 I 7.2.a I OV EDP 7o :�0 d un I)7C. 1 $9v CITY OF EDMONDS QUARTERLY BUDGETARY FINANCIAL REPORT MARCH 2O24 Packet Pg. 9 1 I 7.2.a I City of Edmonds All Funds Financial Summary As of March 31, 2024 Beginning Fund Revenues / Expenditures / Revenues less Ending Fund Fund Balance Sources Uses Expenditures Balance Cash Balance Restricted Cas Governmental 001 General Fund 009 LEOFF Medical Insurance Reserve 012 Contingency Reserve 014 Historic Sub -Fund 016 Building Maintenance 017 Marsh Restoration 018 Homeless Response 019 Opioid Response Total General Funds Special Revenue Funds 104 Drug Enforcement 111 Street 112 Street Construction 117 Municipal Arts 120 Hotel / Motel 121 Employee Parking 122 Youth Scholarship 123 Tourism Promotion 125 REET 2 126 REET 1 127 Gifts Catalog 130 Cemetery Maintenance 137 Cemetery Trust 138 Sister City 140 Business Improvement 141 Affordable Housing 142 Edmonds Rescue 143 Tree Fund Capital Projects Debt Service Enterprise Funds 411 Combined Utility Operation 421 Water Utility 422 Storm Water Utility 423 Sewer/ Wastewater Treatment Plar 424 Bond Reserve Fund Internal Service Funds 511 Equipment Rental 512 Technology Rental All Funds 2,528,750 10,340,314 12,078,289 (1,737,976) 790,775 (5,348,762) 3,045,81 139,774 - 103,165 (103,165) 36,609 45,588 - 2,228,672 - 2,228,672 2,228,672 8,944 - 4,385 (4,385) 4,559 4,559 3,756,168 27,198 628,982 (601, 783) 3,154, 384 3,208,456 853,595 300 - 300 853,895 853,895 200,000 - - 200,000 200,000 74,119 129,556 - 129,556 203,675 203,675 9,790,022 10,497,368 12,814,821 (2,317,453) 7,472,569 1,396,082 3,045,81 p CL O 40,843 749 - 749 41,592 41,067 - IY 4,701 338,796 700,918 (362,122) (357,421) (480,960) 2,734,808 1,062,235 1,061,720 516 2,735,324 1,790,426 O C 657,265 23,035 3,299 19,735 677,001 668,516 C 151,247 26,090 15,592 10,498 161,745 143,881 it 83,814 12,223 - 12,223 96,038 94,960 17,868 327 75 252 18,120 17,891 d 138,157 10,298 800 9,498 147,655 140,688 3 1,992,459 307,630 121,202 186,428 2,178, 887 2,205,981 d 3,957,800 342,810 84,400 258,410 4,216,209 4,163,149 N 3,140, 448 152,945 78,059 74,886 3,215,334 3,175, 366 N 196,245 28,129 49,876 (21, 747) 174,497 172,075 s 1,212,121 24,999 - 24,999 1,237,120 1,221,539 i 18,681 343 80 263 18,944 18,700 37,682 31,317 12,192 19,125 56,808 56,808 v 309,127 19,441 - 19,441 328,567 320,171 O 36,932 2,752,376 2,751,126 1,250 38,182 4,150,722 d 222,354 4,133 - 4,133 226,487 223,308 d' 139,615 52,311 921 51,390 191,005 180,560 - 350 - 350 350 - t) C ca S - 41,775 - 41,775 41,775 97,148 LL 9,601,886 2,877,629 1,679,136 1,198, 494 10, 800, 380 9,879,334 915,93 >, 6,983,494 2,256,265 1,188,252 1,068,014 8,051,507 7,094,170 500,96 at 14,404,202 4,343,737 3,520,725 823,013 15,227,215 15,224,384 1,020,21 843,961 6,595 - 6,595 850,555 8,041 842,51 d le 10, 991, 937 700,004 468,818 231,186 11, 223,123 5,421,897 - N O 840,365 544,701 638,146 (93, 445) 746,920 349,952 N s 68,548,032 26,458,612 25,190,157 1,268,455 69,816,487 57,775,856 6,325,44 v 1 Packet Pg. 10 I 7.2.a I GENERAL FUND SUMMARY 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 12,000, 000 10,000, 000 8,000,000 6,000,000 4,000,000 2,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 General Fund Revenues and Expenses (Rolling 24 months) — — — General Fund Revenues General Fund Expenses April July October January April July October January General Fund Tax Revenue (2018 through 2023) — — — Sa les Tax Property Tax - — EMS Tax Other Taxes 2018 2019 2020 2021 2022 1 2023 General Fund Tax Revenue (2024 YTD) 05,328 $2,378,463 5826.875 $316,464 Sales Tax Property Tax EMS Tax Other Taxes 2 Packet Pg. 11 I 7.2.a I City of Edmonds, WA Monthly Revenue Summary -General Fund 2024 General Fund Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 2,694,178 $ 2,694,178 $ 2,532,339 $ 2,532,339 -6.01% February 5,378,399 2,684,221 3,801,618 6,333,957 17.77% March 8,181,280 2,802,881 4,006,356 10,340,314 26.39% April 12,781,850 4,600,570 May 21,740,062 8,958,212 June 24,413,196 2,673,134 July 27,378,229 2,965,032 August 30,704,653 3,326,424 September 33,474,077 2,769,425 October 39,000,762 5,526,685 November 47,807,219 8,806,457 December 51,056,792 3,249,573 City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 2024 Real Estate Excise Tax 1 & 2 Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 225,388 $ 225,388 $ 158,734 $ 158,734-29.57% February 376,297 150,909 141,173 299,908-20.30% March 569,768 193,471 237,275 537,183 -5.72% April 775,427 205,659 May 1,036,020 260,593 June 1,293,139 257,119 July 1,573,012 279,874 August 1,849,679 276,667 September 2,151,102 301,423 October 2,420,735 269,633 November 2,687,175 266,440 December 3,000,000 312,825 Real Estate Excise Tax 1 & 2 2,700,000 2,100,000 900,000 600,000 300,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC �Cutrent Year -Budget Prior Year *The monthly budget forecast columns are based on a five-year average. O CL d lC C 10 LL d R 3 CY le N O N t V L M 2 3 Packet Pg. 12 SALES TAX SUMMARY I 7.2.a I Construction Trade, _ $412,940 Accommodation, _ $11,780 Clothing and Accessories, $88,720 _ Communications, $64,922 Wholesale Trade, $94,430 14,000,000 12,000, 000 10,000,000 8,000,000 6,000, 000 4,000, 000 2,000, 000 0 Sales Tax Analysis By Category Current Period: March 2024 Year -to -Date Total $2,905,328 Automotive Repair, Amusement & $68,099 Recreation, $27,074 Health & Personal \re, $16,569 � Business Services, $317,399 Gasoline, $0 Misc Retail, $588,711 Retail Automotive, 1,._$677,480 Food Stores, $99,529 ■ Manufacturing, $28,544 Others, $76,602 Eating & Drinking, $332,530 Annual Sales Tax Revenue $11,257,927 $11,614,826 $10,302,518 _ 296 $8,452,715 $8,317,046 T 2018 2019 2020 2021 2022 2023 YTD 2024 0 CL 0 �a c �a c ii d R CY le N 0 N L L M 2 4 P1__1__a Pf_. 13 ra�Ke� Pg. i � City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2024 Sales and Use Tax Cumulative Monthly Budget Forecast Budget Forecast Monthly Actuals YTD Actuals Variance % January $ 956,967 $ 956,967 $ 975,066 $ 975,066 1.89% February 2,084,047 1,127,080 1,059,532 2,034,598 -2.37% March 2,987,849 903,802 870,730 2,905,328 -2.76% April 3,814,928 827,079 May 4,821,039 1,006,111 June 5,796,759 975,721 July 6,836,449 1,039,690 August 7,953,072 1,116,623 September 8,995,564 1,042,491 October 10,116,626 1,121,062 November 11,238,239 1,121,613 December 12,300,000 1,061,761 Sales and Use Tax 11,000,000 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 1*1100 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget Prior Year City of Edmonds, WA Monthly Revenue Summary -Real Personal/Property Tax 2024 Real Personal/Property Tax Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 28,172 $ 28,172 $ 15,003 $ 15,003 -46.75% February 156,833 128,661 265,415 280,418 78.80% March 877,571 720,738 546,457 826,875 -5.78% April 5,200,702 4,323,131 May 6,113,323 912,621 June 6,167,757 54,434 July 6,192,819 25,062 August 6,247,276 54,457 September 6,423,953 176,676 October 10,550,884 4,126,931 November 11,287,789 736,905 December 11,327,000 39,211 Real Personal/Property Tax 12,000,000 11,000,000 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -Current Year -Budget -Prior Year *The monthly budget forecast columns are based on a five-year average. O IZ d lC C 10 ILL d R 3 CY le 04 O N t V L M 2 5 Packet Pg. 14 I 7.2.a I City of Edmonds, WA Monthly Revenue Summary -Water Utility Tax 2024 Water Utility Tax Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 90,844 $ 90,844 $ 92,691 92,691 2.03% February 154,355 63,511 62,177 154,868 0.33% March 244,152 89,797 90,963 245,831 0.69% April 304,356 60,204 May 393,634 89,278 June 463,947 70,313 July 573,149 109,202 August 666,476 93,327 September 791,033 124,557 October 881,630 90,597 November 983,292 101,662 December 1,047,289 63,997 Water Utility Tax 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget -Prior Year City of Edmonds, WA Monthly Revenue Summary -Sewer Utility Tax 2024 Sewer Utility Tax Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January 5 101,297 $ 101,297 $ 101,472 $ 101,472 0.17% February 185,730 84,433 84,516 185,988 0.14% March 286,530 100,799 101,250 287,238 0.25% April 371,027 84,497 May 472,427 101,400 June 557,139 84,712 July 659,773 102,634 August 744,838 85,065 September 850,226 105,388 October 936,127 85,902 November 1,039,506 103,379 December 1,123,814 84,308 Sewer Utility Tax 11,100,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -CurrentYear -Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O IZ tv lC C 10 ILL d R 3 CY le 04 0 N t V L M 2 6 Packet Pg. 15 I 7.2.a I City of Edmonds, WA Monthly Revenue Summary -Meter Water Sales 2024 Meter Water Sales Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 907,961 $ 907,961 $ 927,056 $ 927,056 2.10% February 1,542,839 634,878 621,940 1,548,996 0.40% March 2,440,331 897,492 909,697 2,458,693 0.75% April 3,042,049 601,718 May 3,934,362 892,313 June 4,637,093 702,731 July 5,733,149 1,096,056 August 6,665,886 932,738 September 7,911,002 1,245,116 October 8,816,518 905,516 November 9,832,625 1,016,107 December 10,472,890 640,265 City of Edmonds, WA Monthly Revenue Summary -Storm Water Sales 2024 Storm Water Sales Cumulative Monthly Budget Forecast Budget Forecast Monthly Actuals YTD Actuals Variance % January $ 493,589 $ 493,589 $ 474,260 $ 474,260 -3.92% February 1,573,695 1,080,106 1,031,693 1,505,952 -4.30% March 2,071,892 498,197 474,260 1,980,212 -4.42% April 2,515,478 443,586 May 3,014,352 498,874 June 3,458,035 443,682 July 3,948,598 490,563 August 5,030,812 1,082,214 September 5,530,169 499,357 October 5,974,369 444,200 November 6,473,743 499,375 December 6,901,960 428,217 Storm Rater Sales 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget —Prior Year *The monthly budget forecast columns are based on a five-year average. O IZ Iv lC C 10 LL d R 3 CY le 04 0 N t V L lCC G 7 Packet Pg. 16 I 7.2.a I City of'Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2024 Unmeter Sewer Sales Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 1,013,537 $ 1,013,537 $ 1,015,482 $ 1,015,482 0.19% February 1,857,511 843,974 844,792 1,860,273 0.15% March 2,866,119 1,008,607 1,013,271 2,873,545 0.26% April 3,710,735 844,616 May 4,725,346 1,014,611 June 5,572,110 846,764 July 6,598,121 1,026,011 August 7,448,415 850,294 September 8,502,903 1,054,488 October 9,361,565 858,662 November 10,395,964 1,034,399 December 11,238,143 842,179 Unmeter Sewer Sales 111,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year � Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O CL 0) f� lC C 10 LL d R 3 CY le N O 04 L V L M 2 g Packet Pg. 17 I 7.2.a I City of Edmonds, WA Monthly Expenditure Report -General Fund 2024 General Nand Cumulative Monthly Budget Forecast Budget Forecast Monthly Actuals YTD Actuals Variance % January $ 4,809,938 $ 4,809,938 $ 4,652,570 $ 4,652,570 -3.27% February 8,929,454 4,119,516 3,706,872 8,359,442 -6.38% March 12,949,647 4,020,193 3,718,847 12,078,289 -6.73% April 16, 605,531 3,655,883 May 20,680,817 4,075,286 June 25,263,927 4,583,110 July 29,265,836 4,001,909 August 33,410,940 4,145,104 September 37,568,223 4,157,283 October 41,684,206 4,115,983 November 46,834,850 5,150,644 December 51,892,793 5,057,943 City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2024 Non -Departmental Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 926,027 $ 926,027 $ 1,244,387 $ 1,244,387 34.38% February 1,489,596 563,569 221,547 1,465,934 -1.59% March 2,012,000 522,404 285,014 1,750,948 -12.97% April 2,395,260 383,260 May 2,923,480 528,220 June 3,677,256 753,776 July 4,126,291 449,035 August 4,662,507 536,216 September 5,123,698 461,191 October 5,544,111 420,414 November 6,294,725 750,614 December 6,857,495 562,770 Non -Departmental 20,000,000 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year � Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O IZ d lC C 10 LL d R 3 CY le 04 0 N t V L lCC G 9 Packet Pg. 18 I 7.2.a I City of Edmonds, WA Monthly Expenditure Report -City Council 2024 City Council Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 34,240 $ 34,240 $ February 71,153 36,913 March 112,189 41,036 April 150,403 38,214 May 193,081 42,678 June 234,428 41,347 July 275,019 40,591 August 316,493 41,474 September 357,868 41,375 October 394,551 36,684 November 435,285 40,734 December 479,286 44,001 40,574 $ 40,574 18.50% 54,006 94,579 32.92% 35,007 129,587 15.51% City of Edmonds, WA Monthly Expenditure Report -Office of Mayor 2024 Office of Mayor Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 40,561 $ 40,561 $ February 82,159 41,598 March 124,596 42,436 April 165,441 40,846 May 205,791 40,350 June 245,843 40,052 July 287,251 41,408 August 327,468 40,217 September 367,326 39,858 October 406,988 39,662 November 449,726 42,738 December 490,875 41,149 33,901 $ 33,901-16.42% 35,511 69,412-15.52% 36,798 106,210-14.76% Office of Mayor 500,000 450,000 400,000 350,000 300,000 250,000 200,000 150,000 ]00,000 50,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget Prior Year *The monthly budget forecast columns are based on a five-year average. O Q lv lC C 10 E d R 3 ar le 04 O N t V L lCC G 10 Packet Pg. 19 1 I 7.2.a I City of Edmonds, WA Monthly Expenditure Report -Human Resources 2024 Human Resources Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 110,919 $ 110,919 $ 129,960 $ 129,960 17.17% February 206,083 95,165 103,533 233,493 13.30% March 293,020 86,937 100,807 334,300 14.09% April 385,026 92,006 May 477,507 92,481 June 609,764 132,257 July 691,435 81,671 August 781,445 90,009 September 882,461 101,016 October 976,331 93,870 November 1,084,356 108,025 December 1,222,438 138,082 Human Resources 1,300,000 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300 000 20Q000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget Prior Year City of Edmonds, WA Monthly Expenditure Report -Municipal Court 2024 Municipal Court Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 133,120 $ 133,120 $ 136,698 $ 136,698 2.69% February 268,761 135,641 143,646 280,344 4.31% March 408,462 139,701 138,149 418,493 2.46% April 549,323 140,861 May 702,755 153,432 June 841,629 138,874 July 987,720 146,091 August 1,144,145 156,425 September 1,291,990 147,845 October 1,441,979 149,989 November 1,629,476 187,497 December 1,811,176 181,700 Municipal Court 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year � Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 11 Packet Pg. 20 I 7.2.a I City of Edmonds, WA Monthly Expenditure Report -Community Services/Economic Development 2024 Community Services/Economic Development Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 70,938 $ 70,938 $ 84,711 $ 84,711 19.42% February 150,629 79,691 85,764 170,475 13.18% March 228,686 78,058 85,735 256,210 12.04% April 308,932 80,246 May 391,061 82,128 June 480,392 89,331 July 570,789 90,397 August 679,369 108,580 September 777,142 97,773 October 877,976 100,834 November 1,007,121 129,145 December 1,162,045 154,924 Community Services/Economic Development 1,400,000 11300,000 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _ Current Year -Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O IZ tv lC C 10 LL d R 3 CY le N O 04 L V L lCC G 12 Packet Pg. 21 I 7.2.a I City of Edmonds, WA Monthly Expenditure Report - Fund 512 - Technology Rental Fund 2024 Fund 512 - Technology Rental Fund Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 278,067 $ 278,067 $ 450,425 $ 450,425 61.98% February 459,653 181,586 88,246 538,670 17.19% March 687,018 227,364 99,476 638,146 -7.11% April 781,894 94,876 May 882,974 101,080 June 1,005,318 122,345 July 1,131,059 125,740 August 1,299,834 168,775 September 1,465,789 165,955 October 1,643,179 177,391 November 1,772,621 129,442 December 2,011,076 238,455 Administrative Services Fund 512 - Technology Rental Fund 2,200,000 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget Prior Year City of Edmonds, WA Monthly Expenditure Report -Administrative Services 2024 Cumulative Monthly Budget Forecast Budget Forecast Monthly Actuals YTD Actuals Variance % January $ 288,918 $ 288,918 $ 274,596 $ 274,596 -4.96% February 523,687 234,769 208,739 483,335 -7.71% March 733,695 210,008 217,967 701,302 -4.42% April 944,992 211,297 May 1,157,177 212,186 June 1,442,022 284,845 July 1,684,828 242,805 August 1,896,259 211,431 September 2,116,379 220,121 October 2,344,386 228,007 November 2,598,917 254,531 December 2,825,453 226,536 Administrative Services 3,000,000 2800,000 2:600,000 2,400,000 2200,000 2:000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC �Cunrent Year Budget �Prior Year *The monthly budget forecast columns are based on a five-year average. O Q d lC C 10 ILL d R 3 CY le 04 0 N t V L M 2 13 Packet Pg. 22 ■ 7.2.a City of Edmonds, WA Monthly Expenditure Report -City Attorney 2024 City Attorney Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 96,815 $ 96,815 $ - $ - 0.00% February 193,630 96,815 127,250 127,250 -34.28% March 290,445 96,815 93,007 220,257 -24.17% April 387,260 96,815 May 484,075 96,815 June 580,890 96,815 July 677,705 96,815 August 774,520 96,815 September 871,335 96,815 October 968,150 96,815 November 1,064,965 96,815 December 1,161,780 96,815 Police City Attomey 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 20Q,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _Current Year -Budget Prior Year City of Edmonds, WA Monthly Expenditure Report -Police 2024 Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 1,325,644 $ 1,325,644 $ 1,320,779 $ 1,320,779 -0.37% February 2,644,333 1,318,689 1,322,826 2,643,606 -0.03% March 4,027,557 1,383,224 1,252,027 3,895,633 -3.28% April 5,378,981 1,351,424 May 6,782,808 1,403,826 June 8,239,937 1,457,130 July 9,689,531 1,449,593 August 11,039,396 1,349,866 September 12,478,176 1,438,780 October 13,942,747 1,464,571 November 15,677,275 1,734,528 December 17,478,540 1,801,265 Police 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year � Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O IZ d lC C 10 ILL d R 3 CY le 04 0 N t V L lCC G 14 Packet Pg. 23 I 7.2.a I City of Edmonds, WA Monthly Expenditure Report -Planning & Development 2024 Planning & Development Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 328,959 $ 328,959 $ 269,177 $ 269,177 -18.17% February 671,531 342,572 267,692 536,869 -20.05% March 999,838 328,306 393,779 930,649 -6.92% April 1,348,844 349,006 May 1,692,557 343,714 June 2,024,917 332,360 July 2,387,504 362,587 August 2,727,099 339,594 September 3,071,846 344,748 October 3,418,696 346,849 November 3,799,763 381,067 December 4,251,605 451,842 Parks & Recreation Planning & Development 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 r 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget Prior Year City of Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2024 Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 498,850 $ 498,850 $ 453,277 $ 453,277 -9.14% February 986,757 487,907 470,870 924,147 -6.35% March 1,483,576 496,818 491,227 1,415,374 -4.60% April 1,955,557 471,981 May 2,461,256 505,698 June 2,984,923 523,667 July 3,580,661 595,738 August 4,186,784 606,123 September 4,840,484 653,700 October 5,394,700 554,215 November 5,962,605 567,905 December 6,520,597 557,992 Parks & Recreation 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC �Currcnt Year Budget �Prior Year *The monthly budget forecast columns are based on a five-year average. O Q d lC C 10 ILL d R 3 CY le 04 0 N t V L M 2 15 Packet Pg. 24 I 7.2.a I City of Edmonds, WA Monthly Expenditure Report - Fund 016 - Building Maintenance Fund 2024 Fund 016 - Building Maintenance Fund Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 93,773 $ 93,773 $ 138,032 $ 138,032 47.20% February 187,546 93,773 481,478 619,510 230.33% March 281,318 93,773 9,472 628,982 123.58% April 375,091 93,773 May 468,864 93,773 June 562,637 93,773 July 656,410 93,773 August 750,182 93,773 September 843,955 93,773 October 937,728 93,773 November 1,031,501 93,773 December 1,125,275 93,773 Facilities Maintenance Fund 016 -Building Maintenance Fund 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAX JUN JUL AUG SEP OCT NOV DEC Current Year -Budget Prior Year City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2024 Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 156,777 $ 156,777 $ 280,811 $ 280,811 79.11% February 389,680 232,903 265,070 545,881 40.08% March 593,580 203,900 223,593 769,473 29.63% April 769,287 175,707 May 948,286 178,999 June 1,082,262 133,976 July 1,241,226 158,964 August 1,449,125 207,900 September 1,701,717 252,591 October 1,994,291 292,575 November 2,251,871 257,580 December 2,638,179 386,308 Facilities Maintenance 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _ Current Year Budget - Prior Year *The monthly budget forecast columns are based on a five-year average. O 11 d lC C 10 ILL d R 3 CY le 04 0 N t V L M 2 16 Packet Pg. 25 I 7.2.a I City of'Edmonds, WA Monthly Expenditure Report -Engineering 2024 Engineering Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 301,531 $ 301,531 $ 283,081 $ 283,081 -6.12% February 604,565 303,034 286,618 569,699 -5.77% March 913,824 309,259 255,452 825,151 -9.70% April 1,223,821 309,997 May 1,553,842 330,021 June 1,868,266 314,424 July 2,185,239 316,973 August 2,491,236 305,997 September 2,797,476 306,240 October 3,102,475 304,999 November 3,439,952 337,477 December 3,777,853 337,901 Engine a ring 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _ Current Year -Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O Q d f� lC C 10 LL d R 3 CY le N O 04 L V L M 2 17 Packet Pg. 26 I 7.2.a I Page 1 of 1 CITY OF EDMONDS REVENUES BY FUND - SUMMARY Fund 2024 Adopted 3/31/2023 3/31/2024 Amount No. Title Budget Revenues Revenues Remaining %Received 001 GENERAL FUND $ 51,056,792 $ 8,150,445 $ 10,340,314 $ 40,716,478 200/c 009 LEOFF-MEDICAL INS. RESERVE 250,000 - - 250,000 00/( 016 BUILDING MAINTENANCE FUND 112,290 23,820 27,198 85,092 240/c 017 MARSH RESTORATION & PRESERVATION FUND - - 300 (300) 00/( 019 EDMONDS OPIOID RESPONSE FUND 50,000 - 129,556 (79,556) 2590/c 104 DRUG ENFORCEMENT FUND 4,520 59 749 3,771 17% 111 STREET FUND 2,630,600 328,654 338,796 2,291,804 % 13O sz d 112 COMBINED STREET CONST/IMPROVE 5,396,813 1,830,889 1,062,235 4,334,578 200/, d' 117 MUNICIPAL ARTS ACQUIS. FUND 88,631 9,261 23,035 65,596 260/( V 120 HOTEL/MOTEL TAX REVENUE FUND 124,371 22,971 26,090 98,281 210/, 121 EMPLOYEE PARKING PERMIT FUND 38,900 10,367 12,223 26,677 C 310/( LL 122 YOUTH SCHOLARSHIP FUND 1,740 13 327 1,413 190/, d 123 TOURISM PROMOTIONAL FUND/ARTS 44,193 7,731 10,298 33,895 230/, 125 REAL ESTATE EXCISE TAX 2 1,627,900 263,513 307,630 1,320,270 19% CY 126 REAL ESTATE EXCISE TAX 1 1,639,520 264,405 342,810 1,296,710 210/( N 127 GIFTS CATALOG FUND 215,830 33,915 152,945 62,885 710/ N 130 CEMETERY MAINTENANCE/IMPROVEMT 152,990 50,994 28,129 124,861 180/( V 136 PARKS TRUST FUND - (7,497) - - L 0% 137 CEMETERY MAINTENANCE TRUST FD 55,580 6,606 24,999 30,581 45% 138 SISTER CITY COMMISSION 5,680 17 343 5,337 60/( 0 CL 140 BUSINESS IMPROVEMENT DISTRICT 79,209 38,089 31,317 47,892 400/( 141 AFFORDABLE AND SUPPORTIVE HOUSING FUND 65,000 21,312 19,441 45,559 300/, R 142 EDMONDS RESCUE PLAN FUND 6,550,000 1,010 2,752,376 3,797,624 420/, C R 143 TREE FUND 220,930 198 4,133 216,797 20/, LL 231 2012 LT GO DEBT SERVICE FUND 310,420 - 350 310,070 00/( 332 PARKS CAPITAL CONSTRUCTION FUND 316,240 158,915 52,311 263,929 170/c 411 COMBINED UTILITY OPERATION - 37,625 41,775 (41,775) 00/, M= 421 WATER UTILITYFUND 12,314,744 2,586,131 2,877,629 9,437,115 230/c Cy 422 STORM UTILITY FUND 8,971,716 2,278,818 2,256,265 6,715,451 250/, p N 423 SEWER/WWTP UTILITY FUND 20,019,768 4,869,903 4,343,737 15,676,031 220/, s t) 424 BOND RESERVE FUND 1,996,270 3,093 6,595 1,989,676 00/( R 511 EQUIPMENT RENTAL FUND 2,779,730 560,274 700,004 2,079,726 250/( 2 512 TECHNOLOGY RENTAL FUND 2,173,664 352,483 544,701 1,628,963 250/c $ 119,294,041 $ 21,904,016 $ 26,458,612 $ 92,835,429 22% 18 Packet Pg. 27 I 7.2.a I Page 1 of 1 CITY OF EDMO NDS EXPENDITURES BY FUND - SUMMARY Fund 2024 Adopted 3/31/2023 3/31/2024 Amount No. Title Budget Expenditures Expenditures Remaining %Spent 001 GENERAL FUND $ 51,892,793 $ 14,793,075 $ 12,078,289 $ 39,814,504 23% 009 LEOFF-MEDICAL INS. RESERVE 367,140 102,272 103,165 263,975 280/( 014 HISTORIC PRESERVATION GIFT FUND 11,701 - 4,385 7,316 370/c 016 BUILDING MAINTENANCE FUND 1,125,274 100,936 628,982 496,292 560/c 104 DRUG ENFORCEMENT FUND 39,000 - - 39,000 00/c 111 STREET FUND 2,662,492 965,565 700,918 1,961,574 260/c 112 COMBINED STREET CONST/IMPROVE 5,395,315 1,421,377 1,061,720 4,333,595 200/c Q 117 MUNICIPAL ARTS ACQUIS. FUND 282,880 5,665 3,299 279,581 10/, d 120 HOTEL/MOTEL TAX REVENUE FUND 131,400 670 15,592 115,808 120/c !a V 121 EMPLOYEE PARKING PERMIT FUND 26,880 - - 26,880 00/, 122 YOUTH SCHOLARSHIP FUND 3,000 - 75 2,925 3% LL 123 TOURISM PROMOTIONAL FUND/ARTS 43,400 780 800 42,600 2% �+ d 125 REAL ESTATE EXCISE TAX 2 2,776,746 240,110 121,202 2,655,544 4% R 126 REAL ESTATE EXCISE TAX 1 2,094,109 66,831 84,400 2,009,709 40/, CY 127 GIFT S CATALOG FUND 618,646 27,197 78,059 540,587 130/c N 130 CEMETERY MAINTENANCE/IMPROVEMT 290,559 73,531 49,876 240,683 170/c N 137 CEMETERY MAINTENANCE TRUST FUND 99,500 - - 99,500 00/c V 138 SISTER CITY COMMISSION 11,900 219 80 11,820 1% L 140 BUSINESS IMPROVEMENT DISTRICT 103,545 10,176 12,192 91,353 120% It 142 EDMONDS RESCUE PLAN FUND 6,550,000 663,059 2,751,126 3,798,874 420/, 0 CL 143 TREE FUND 214,800 - - 214,800 00/c 231 2012 LT GO DEBT SERVICE FUND 310,420 - - 310,420 00/, 13 332 PARKS CAPITAL CONSTRUCTION FUND 54,535 568,994 921 53,614 20/c 421 WATER UTILITYFUND 13,837,584 1,896,223 1,679,136 12,158,448 120/, LL 422 STORM UTILITY FUND 9,697,422 1,127,379 1,188,252 8,509,170 120/c >% 423 SEWER/WWTP UTILITY FUND 23,397,507 3,369,420 3,520,725 19,876,782 1501, L 424 BOND RESERVE FUND 1,988,830 - - 1,988,830 00/c j 511 EQUIPMENT RENTAL FUND 2,774,212 829,288 468,818 2,305,394 170/c CY 512 TECHNOLOGY RENTAL FUND 2,011,076 683,467 638,146 1,372,930 320/c o N $ 128,812,666 $ 26,946,235 $ 25,1909157 $103,622,509 200% s 19 Packet Pg. 28 I 7.2.a I Page 1 of 3 Title TAXES: 1 REAL PERSONAL / PROPERTY TAX 2 EMS PROPERTY TAX 3 VOTED PROPERTY TAX 4 LOCAL RETAIL SALES/USE TAX t 5 NATURAL GAS USE TAX 6 1/10 SALES TAX LOCAL CRIM JUST 7 ELECTRIC UTILITY TAX 8 GAS UTILITY TAX 9 SOLID WASTE UTILITY TAX 10 WATERUTILITY TAX 11 SEWERUTILITYTAX 12 ST ORMWAT ER UT ILIT Y T AX 13 T.V. CABLE UTILITY TAX 14 TELEPHONE UTILITY TAX 15 PULLTABS TAX 16 AMUSEMENT GAMES 17 LEASEHOLD EXCISE TAX LICENSES AND PERMITS: 18 FIRE PERMITS -SPECIAL USE 19 POLICE -FINGERPRINTING 20 VENDING MACHINE/CONCESSION 21 FRANCHISE AGREEMENT -COMCAST 22 FRANCHISE FEE-EDUCATION/GOVERNMENT 23 FRANCHISE AGREEMENT-ZIPLY FIBER 24 OLYMPIC VIEW WATER DISTRICT FRANCHISE 25 GENERAL BUSINESS LICENSE 26 DEV SERV PERMIT SURCHARGE 27 RIGHT OF WAY FRANCHISE FEE 28 BUILDINGPERMITS 29 FIRE PERMIT 30 ENGINEERING PERMIT 31 ANIMAL LICENSES 32 STREET AND CURB PERMIT 33 STREET AND CURB PERMIT W/LEASEHOLD TAX 34 OT R NON -BUS LIC/PERMIT S 35 SPECIAL EVENT REVIEW INTERGOVERNMENTAL: 36 DOJ 15-0404-0-1-754 - BULLET PROOF VEST 37 HIGH VISIBILITY ENFORCEMENT 38 STATE GRANTS- BUDGET ONLY 39 PUD PRIVILEDGE TAX 40 TRIAL COURT IMPROVEMENT 41 CJ - POPULATION 42 CRIMINAL JUSTICE -SPECIAL PROGRAMS 43 MARIJUANA EXCISE TAX DISTRIBUTION 44 DUI - CITIES 45 FIRE INS PREMIUM TAX 46 LIQUOR EXCISE TAX 47 LIQUOR BOARD PROFITS 48 MISCELLANEOUS INTERLOCAL REVENUE 49 INTERLOCAL GRANTS 50 FIRST RESPONDERS FLEX FUND C ITY O F EDMO NDS REVENUES - GENERAL FUND 2024 Adopted 3/31/2023 Budget Revenues 3/31/2024 Amount Revenues Remaining %Received $ 11,327,000 $ 824,405 $ 826,875 $ 10,500,125 70N 4,578,000 330,582 316,464 4,261,536 70/( 500 4 8 492 20N 12,300,000 2,781,110 2,905,328 9,394,672 240/( 9,600 - 2,404 7,196 250N 1,150,000 259,807 260,060 889,940 230/( 1,900,000 542,135 586,214 1,313,786 310% 895,000 352,921 288,474 606,526 320/( 384,000 71,026 93,246 290,754 240N 1,047,289 221,845 245,831 801,458 230N 1,123,814 256,368 287,238 836,576 260% 690,196 179,423 198,042 492,154 290N 850,000 204,076 194,139 655,861 230/( 773,000 92,079 133,348 639,652 170N 80,200 22,264 7,969 72,231 100/( 350 - 84 266 240N 326,000 78,018 81,406 244,594 250N 37,434,949 6,216,061 6,427,130 31,007,819 170% 250 50 - 250 00% 700 225 135 565 190/( 84,500 22,189 16,025 68,475 190/( 702,700 171,516 165,020 537,680 230N 41,000 8,478 7,572 33,428 180/( 100,600 9,373 6,598 94,002 70/( 450,000 101,463 103,741 346,260 230/( 250,000 66,225 74,371 175,629 300% 80,000 22,920 29,115 50,885 360/( 30,000 13,962 62,575 (32,575) 2090/( 160,000 143,042 22,816 137,184 140N - 600 2,900 (2,900) 00N - 7,090 27,651 (27,651) 00N 24,000 9,559 4,990 19,010 210/( 50,000 18,340 (330) 50,330 -10/( - 293 2,026 (2,026) 00/( 20,000 251 4,665 15,335 230N - 4,194 213 (213) 00/( 1,993,750 599,769 530,082 1,463,668 270% 9,000 - - 9,000 00N 11,100 3,845 - 11,100 00% 20,000 - - 20,000 00/( 210,500 - - 210,500 00/( 16,740 5,338 - 16,740 00/( 13,070 3,758 4,002 9,068 310/( 50,600 13,294 14,091 36,509 280/( 125,000 26,513 30,216 94,784 240% 4,500 53 1,429 3,071 320/( 75,000 - - 75,000 00/( 325,000 71,223 73,033 251,967 220N 343,200 82,149 81,853 261,347 240/( - 500 - - 00/( - - 94,684 (94,684) 00/( 1,000 - - 1,000 00/( 1,204,710 206,674 299,308 905,402 250% 2024 Local Retail Sales/Use Taxrevenues are $124,218 higher than 2023 revenues Please also see pagespages 3 & 4. O Q d is c �0 C LL d 3 CY le N 0 N t L is 20 Packet Pg. 29 I 7.2.a I Page 2 of 3 Title CHARGES FOR GOODS AND SERVICES: 1 RECORD/LEGAL INSTRUMENTS 2 ATM SURCHARGE FEES 3 CREDIT CARD FEES 4 COURT RECORD SERVICES 5 D/M COURT REC SER 6 WARRANT PREPARATION FEE 7 IT TIME PAY FEE 8 MUNIC.-DIST. COURT CURREXPEN 9 CLERKS TIME FOR SALE OF PARKING PERMIT S 10 PHOTOCOPIES 11 POLICE DISCLOSURE REQUESTS 12 ENGINEERING FEES AND CHARGES 13 ELECTION CANDIDATE FILINGFEES 14 CUSTODIAL SERVICES(SNO-ISLE) 15 PASSPORTS AND NATURALIZATION FEES 16 POLICE SERVICES SPECIAL EVENTS 17 CAMPUS SAFETY-EDM. SCH. DIST. 18 WOODWAY-LAW PROTECTION 19 MISCELLANEOUS POLICE SERVICES 20 CJTC TAC REIMBURSEMENT 21 FIRE DISTRICT #1 STATION BILLINGS 22 LEGAL SERVICES 23 ADULT PROBATION SERVICE CHARGE 24 BOOKING FEES 25 FIRE CONSTRUCTION INSPECTION FEES 26 EMERGENCY SERVICE FEES 27 EMS TRANSPORT USER FEE 28 FLEX FUEL PAYMENTSFROM STATIONS 29 ZONING/SUBDIVISION FEE 30 BUILDINGPLAN REVIEW AND INSPECTION 31 FIRE PLAN REVIEW 32 PLANNINGREVIEW AND INSPECTION 33 S.E.P.A. REVIEW 34 ENGINEERINGPLAN REVIEW AND INSPECTION 35 CRITICAL AREA STUDY 36 GYM AND WEIGHTROOM FEES 37 PROGRAM FEES 38 HOLIDAY MARKET REGISTRATION FEES 39 UPTOWN EVENINGMARKET FEES 40 WINTER MARKET FEES 41 LUNAR NEW YEARS FEES 42 BIRD FEST REGISTRATION FEES 43 INTERFUND REIMBURSEMENT -CONTRACT SVCS CITY OF EDMO NDS REVENUES - GENERAL FUND 2024 Adopted 3/31/2023 3/31/2024 Amount Budget Revenues Revenues Remaining %Received $ 3,000 $ 924 $ 2,176 $ 825 730/( 600 45 98 502 160/( 1,000 - - 1,000 00/( 150 - 150 00/( 300 - 300 00/( 4,000 - 4,000 00/( 1,000 46 1 999 00/( 50 77 32 18 640/( 25,000 - 25,000 00/( 100 7 18 82 180/( 1,000 - - 1,000 00/( 190,000 26,678 - 190,000 00/( 1,400 - - 1,400 00% 80,000 12,805 7,757 72,243 100/( 70,000 18,025 7,880 62,120 110/( 30,000 - - 30,000 00% 14,000 - - 14,000 00/( 210,970 113,713 61,035 149,935 290/( - 20 - - 00/( - - 32,568 (32,568) 00% 67,000 19,794 16,593 50,407 250/( 1,050 - - 1,050 00/( 38,000 2,830 709 37,291 20/( 3,000 53 45 2,955 20/( 10,000 5,793 8,663 1,337 870/( 3,500 200 151 3,349 40/( 1,200,000 - 348,595 851,405 290/( 5,000 754 - 5,000 0% 65,600 17,062 - 65,600 00/( 940,000 140,295 564,138 375,862 600/( 19,000 5,574 10,232 8,768 540/( 50,500 2,844 31,152 19,348 620/( 6,000 740 3,380 2,620 560% 225,000 756 32,227 192,773 140/( 14,000 4,686 5,355 8,645 380/( 9,500 3,172 6,297 3,203 660/( 787,792 218,632 297,515 490,277 380/( 5,000 455 445 4,555 90/( 5,000 - - 5,000 00/( 5,000 8,805 6,740 (1,740) 1350/( - - 1,180 (1,180) 00% 1,000 - - 1,000 00/( 4,027,314 302,153 959,807 3,067,507 240% 8,120,826 906,937 2,404,790 5,716,036 300% 2 21 Packet Pg. 30 1 7.2.a Page 3 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2024 Adopted 3/31/2023 3/31/2024 Amount Title Budget Revenues Revenues Remaining %Received FINES AND PENALTIES: 1 PROOF OF VEHICLE INS PENALTY 2 TRAFFIC INFRACTION PENALTIES 3 NC TRAFFIC INFRACTION 4 TRAFFIC CAMERA INFRACTIONS 5 CRT COST FEE CODE LEG ASSESSMENT (LGA) 6 CURRENT TRAFFIC INFRACTIONS 7 NON -TRAFFIC INFRACTION PENALTIES 8 OTHER INFRACTIONS'04 9 PARKING INFRACTION PENALTIES 10 PARK/INDDISZONE 11 DWI PENALTIES 12 DUI - DP ACCT 13 CRIM CNV FEE DUI 14 DUI - DP FEE 15 CRIMINAL TRAFFIC MISDEMEANOR 8/03 16 CRIMINAL CONVICTION FEE CT 17 CRIM CONV FEE CT 18 OTHER NON-TRAF MISDEMEANOR PEN 19 OTHER NON TRAFFIC MISD. 8/03 20 COURT DV PENALTY ASSESSMENT 21 CRIMINAL CONVICTION FEE CN 22 CRIM CONV FEE CN 23 PUBLIC DEFENSE RECOUPMENT 24 BANK CHARGE FOR CONY. DEFENDANT 25 COURT COST RECOUPMENT 26 BUS. LICENSE PERMIT PENALTY 27 MISC FINES AND PENALTIES MISCELLANEOUS: 28 INVESTMENT INTEREST 29 INTEREST ON COUNTY TAXES 30 INTEREST - COURT COLLECTIONS 31 LOAN INTEREST 32 SPACE/FACILITIESRENTALS 33 BRACKET ROOM RENTAL 34 LEASES LONG-TERM 35 DONATION/CONTRIBUTION 36 PARKSDONATIONS 37 BIRD FEST CONTRIBUTIONS 38 POLICE CONTRIBUTIONS FROM PRIV SOURCES 39 SALE OF JUNK/SALVAGE 40 SALES OF UNCLAIM PROPERTY 41 CONFISCATED AND FORFEITED PROPERTY 42 OTHER JUDGEMENTS✓SETTLEMENT 43 POLICE JUDGMENT S✓RESTITUTION 44 CASHIER'S OVERAGES/SHORTAGES 45 OTHER MISC REVENUES 46 SMALL OVERPAYMENT 47 NSF FEES - PARKS & REC 48 NSF FEES - MUNICIPAL COURT 49 NSF FEES - DEVEL SERV DEPT 50 L&I STAY AT WORK PROGRAM 51 US BANK REBATE TRANSFER IN: 52 TRANSFER FROM 014 53 INTERFUND TRANSFER FROM 016 TOTAL GENERAL FUND REVENUE $ 2,000 $ 710 $ 344 $ 1,656 170/( 130,000 27,099 7,247 122,753 60/( 18,000 773 191 17,809 10% 500,000 - - 500,000 00/( 10,000 1,053 123 9,877 1% 50,000 23,882 15,699 34,301 310% 1,000 4,300 - 1,000 00/( 1,500 819 - 1,500 00/( 125,000 2,110 21,524 103,476 170% 2,000 239 83 1,917 40/( 7,000 1,083 444 6,556 60/( 300 1 - 300 00/( 100 - - 100 00/( 1,500 484 218 1,282 1501( 25,000 2,571 206 24,794 10% 2,000 442 138 1,862 70/( 700 - 4 696 ION 100 100 - 100 00% 12,000 108 277 11,723 20/( 800 100 - 800 00/( 1,000 48 - 1,000 00% 200 - - 200 00/( 6,000 894 60 5,940 1% 4,000 1,709 1,382 2,618 350% 1,000 368 98 902 100/( 1,000 - - 1,000 00/( 150 - - 150 00% 902,350 68,894 48,038 854,312 55% 527,860 6,321 63,602 464,258 120/( 22,630 9,932 14,182 8,448 630/( 2,430 793 116 2,314 501( 7,270 - 55,316 (48,046) 7610/( 194,500 13,919 24,143 170,357 120/( 2,100 - - 2,100 00% 219,192 56,584 59,587 159,605 270/( 1,500 83 - 1,500 00/( 5,000 500 500 4,500 100/( 1,500 - 60 1,440 40/( 5,000 - 231 4,769 501( 300 565 189 111 630/( 3,800 1,504 629 3,171 170/( 2,000 - - 2,000 00/( - 49,007 - - 00/( 200 47 25 175 130/( - 10 4 (4) 00/( 5,000 1,240 24,175 (19,175) 4830/( 100 1 - 100 00/( 100 - 30 70 300/( 150 4 - 150 00/( - - 30 (30) 00/( - 8,702 - - 00/( 8,500 2,899 2,873 5,627 340/( 1,009,132 1529110 245,692 7639440 24% 5,801 - 5,801 00/( 385,274 385,274 - 1000/( 391,075 - 385,274 5,801 990% $ 51,056,792 $ 8,150,445 $10,340,314 $ 40,716,478 200% O O_ d is C �0 C LL d R CY le N O N t t� L M E 22 Packet Pg. 31 I 7.2.a I Page I of 6 C ITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2024 Adopted 3/31/2023 3/31/2024 Amount Title Budget Expenditures Expenditures Remaining %Spent GENERAL FUND EXPENDITURES (001) 1 SALARIES AND WAGES $ 23,095,383 $ 5,394,677 $ 5,577,934 $ 17,517,449 240% 2 OVERTIME 643,080 194,698 264,690 378,390 410N 3 HOLIDAY BUY BACK 294,001 5,674 - 294,001 00/( 4 BENEFITS 7,868,408 1,894,915 2,127,460 5,740,948 270/( 5 UNIFORMS 126,931 36,300 34,860 92,071 270% 6 PENSION AND DISABILITY PAYMENTS 141,668 22,294 8,795 132,873 60% 7 SUPPLIES 677,285 95,049 78,603 598,682 120/( 8 SMALL EQUIPMENT 239,791 49,389 8,301 231,490 30/( 9 PROFESSIONAL SERVICES 10,918,360 4,707,739 1,491,588 9,426,772 140/( 10 COMMUNICATIONS 236,105 41,904 40,591 195,514 170% 11 TRAVEL 51,187 14,869 7,549 43,638 1501( 12 EXCISE TAXES 30,000 7,407 8,111 21,889 270% 13 RENTAL/LEASE 3,913,541 659,041 961,648 2,951,893 250/( 14INSURANCE 883,686 625,650 910,495 (26,809) 1030/( 15 UTILITIES 663,800 153,036 165,665 498,135 250/( 16 REPAIRS & MAINTENANCE 388,300 336,715 139,254 249,046 360N 17 MISCELLANEOUS 424,867 214,994 184,144 240,723 430/( 18 INTERGOVERNMENTAL PAYMENTS 25,000 50,000 25,000 - 100% 19 INTERFUND SUBSIDIES 650,000 - - 650,000 00% 20 BUILDINGS - 284,460 34,040 (34,040) 00% 21 MACHINERY/EQUIPMENT - 4,264 - - 00/( 22 PRINCIPAL PAYMENT LEASES 300,000 - - 300,000 00N 23 GENERAL OBLIGATION BOND PRINCIPAL 197,120 - 197,120 00/( 24 LOAN INTEREST - 9,562 (9,562) 00X 25 INTEREST ON LONG-TERM EXTERNAL DEBT 123,780 - 123,780 00% 26 OTHER INTEREST & DEBT SERVICE COSTS 500 - 500 00% 51,892,793 14,793,075 12,078,289 39,814,504 230% LEOFF-MEDICAL INS. RESERVE(009) 27 BENEFITS $ 206,650 $ 72,693 $ 65,286 $ 141,364 320/( 28 PENSION AND DISABILITY PAYMENTS 152,990 29,579 37,879 115,111 250N 29 PROFESSIONAL SERVICES 7,000 - - 7,000 00X 30 MISCELLANEOUS 500 - - 500 00% 367,140 102,272 103,165 263,975 28% HISTORIC PRESERVATION GIFrITUND (014) 31 SUPPLIES $ 100 $ - $ 4,385 S (4,285) 43850N 32 PROFESSIONAL SERVICES 200 - 200 00/( 33 MISCELLANEOUS 5,600 5,600 00/( 34 INTERFUND SUBSIDIES 5,801 - 5,801 00/( 11,701 4,385 7,316 370/( BUILDING MAINTENANCEFUND (016) 35 PROFESSIONAL SERVICES $ - $ - $ 151,380 $ (151,380) 00% 36 REPAIR&MAINTENANCE 740,000 81,158 3,817 736,183 10/( 37 INTERFUND SUBSIDIES 385,274 - 385,274 - 1000/( 38 BUILDINGS - 19,778 89,007 (89,007) 00/( 39 CONST RUCT IONS P ROJECT S - - (497) 497 00/( 1,125,274 S 100,936 628,982 496,292 560% DRUG ENFORCEMEVTFUND (104) 40 SMALL EQUIPMENT $ 39,000 $ - $ - $ 39,000 0% 39,000 - 39,000 0OX 23 Packet Pg. 32 I 7.2.a I Page 2 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2024 Adopted 3/31/2023 3/31/2024 Amount litle Budget Expenditures Expenditures Remaining %Spent STREETFUND (111) 1 SALARIES AND WAGES $ 974,440 $ 366,360 $ 247,375 $ 727,065 250% 2 OVERTIME 38,400 10,514 11,012 27,388 290/( 3 BENEFITS 444,582 129,613 104,198 340,384 230% 4 UNIFORMS 6,000 3,070 5,133 867 860% 5 SUPPLIES 263,000 22,695 23,786 239,214 90% 6 SMALL EQUIPMENT 90,000 552 1,128 88,872 10/( 7 PROFESSIONAL SERVICES 23,210 4,874 372 22,838 20/( 8 COMMUNICATIONS 4,500 1,710 1,246 3,254 280% 9 TRAVEL 1,000 - - 1,000 00/( 10 RENTAL/LEASE 311,630 75,724 77,407 234,223 250/( 11 INSURANCE 167,350 126,467 172,427 (5,077) 1030/( 12 UTILITIES 273,730 47,742 48,676 225,054 180% 13 REPAIRS & MAINTENANCE 52,000 4,580 4,475 47,525 90/( 14 MISCELLANEOUS 8,000 6,310 1,527 6,473 190/( 15 OTHERIMPROVEMENTS - 165,353 - - 00/( 16 GENERAL OBLIGATION BOND PRINCIPAL 4,420 - - 4,420 00% 17 LOAN INTEREST - 2,157 (2,157) 00% 18 INTEREST 230 - 230 00/( $ 2,662,492 $ 965,565 $ 700,918 $ 1,961,574 260% COMBINED STREETC0NST/IMPROVE(112) 19 PROFESSIONAL SERVICES $ 3,355,856 $ 178,619 $ 1,061,720 $ 2,294,136 320/( 20 REPAIRS& MAINTENANCE 541,167 - - 541,167 00/( 21 INTERFUND SUBSIDIES 320,002 - 320,002 00/( 22 LAND 375,000 - - 375,000 00% 23 CONSTRUCTION PROJECTS 748,610 1,242,758 - 748,610 00/( 24 INTERGOVERNMENTAL LOANS 54,070 - - 54,070 00/( 25 INTEREST 610 - 610 00/( $ 5,395,315 $ 1,421,377 $ 1,061,720 $ 4,333,595 20% MUNIC IPAL ARTS AC Q UIS. FUND (117) 26 SUPPLIES $ 4,700 $ 493 $ 19 $ 4,681 00/( 27 SMALL EQUIPMENT 1,700 - - 1,700 00/( 28 PROFESSIONAL SERVICES 266,500 3,855 2,000 264,500 10% 29 TRAVEL 80 - - 80 00/( 30 RENTAL/LEASE 3,000 - 3,000 00/( 31 REPAIRS& MAINTENANCE 300 - - 300 00/( 32 MISCELLANEOUS 6,600 1,317 1,281 5,319 190% $ 282,880 $ 5,665 $ 3,299 $ 279,581 10/( HO TEL IMO TEL TAX REVENUE FUND (120) 33 PROFESSIONAL SERVICES $ 127,400 $ 670 $ 15,502 $ 111,898 120/( 34 MISCELLANEOUS $ - - 90 (90) 00% 35 INTERFUND SUBSIDIES 4,000 - - 4,000 00/( $ 131,400 $ 670 $ 15,592 $ 115,808 120/( ]EMPLOYEE PARKING PERMIT FUND (121) 36 SUPPLIES $ 1,790 $ - $ - $ 1,790 00% 37 PROFESSIONAL SERVICES 25,090 - 25,090 00/( $ 26,880 $ $ - $ 26,880 00/( YOUTH SCHOLARSHIP FUND (122) 38 MISCELLANEOUS $ 3,000 $ $ 75 $ 2,925 30/( $ 3,000 $ $ 75 $ 2,925 30/( TO URIS M PRO MO a0 NAL FUND/ARTS (12 3) 39 PROFESSIONAL SERVICES $ 43,400 $ 780 $ 800 $ 42,600 20/( $ 43,400 $ 780 $ 800 $ 42,600 20/( O Q d d' is C 10 C LL O R 3 CY I* N 0 N L V L M 2 24 Packet Pg. 33 I 7.2.a I Page 3 of 6 C TTY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2024 Adopted 3/31/2023 3/31/2024 Amount Title Budget Expenditures Expenditures Remaining %Spent REAL ESTATE EXCISE TAX (125) 1 SUPPLIES $ - $ - $ 3,179 $ (3,179) 00/( 2 PROFESSIONAL SERVICES 862,024 24,938 76,626 785,398 90% 3 REPAIRS&MAINTENANCE 1,159,292 25,013 28,033 1,131,259 20% 4 INTERFUND SUBSIDIES 1,060 - - 1,060 00/( 5 CONSTRUCTION PROJECTS 754,370 190,159 13,364 741,006 20% $ 2,776,746 $ 240,110 $ 121,202 $ 2,655,544 40/( REAL ESTATE EXCISE TAXI (126) 6 PROFESSIONAL SERVICES 7 REPAIRS & MAINTENANCE 8 INTERFUND SUBSIDIES 9 LAND 10 CONSTRUCTION PROJECTS 11 GENERAL OBLIGATION BONDS 12 INTEREST GIFTS CATALOG FUND (127) 13 SALARIES AND WAGES 14 OVERTIME 15 BENEFIT S 16 UNIFORMS 17 SUPPLIES 18 SMALL EQUIPMENT 19 PROFESSIONAL SERVICES 20 RENTAL/LEASE 21 MISCELLANEOUS 22 INTERFUND SUBSIDIES CEMETERY MAINTEVANC E"WRO VEMIENT (130) 23 SALARIES AND WAGES 24 OVERTIME 2 BENEFIT S 26 UNIFORMS 27 SUPPLIES 28 SUPPLIES PURCHASED FOR INVENTORY/RESALE 29 PROFESSIONAL SERVICES 30 COMMUNICATIONS 31 TRAVEL 32 RENTAL/LEASE 33 UTILITIES 34 REPAIRS & MAINTENANCE 35 MISCELLANEOUS CEMETERY MAINTENANCE TRUST FUND (137) 36 SMALL EQUIPMENT 37 INTERFUND SUBSIDIES SISTER CITY COMMISSION (138) 38 SUPPLIES 39 TRAVEL 40 MISCELLANEOUS BUSINESS IMPROVEMENTDISTRICTFUND (140) 41 SUPPLIES 42 PROFESSIONAL SERVICES 43 MISCELLANEOUS EDMONDS RESCUEPLAN FUND (142) 44 PROFESSIONAL SERVICES TREE FUND (143) 45 SUPPLIES 46 PROFESSIONAL SERVICES 47 LAND $ 419,638 $ 16,831 $ 68,825 $ 350,813 160% 695,288 - - 695,288 00/( 141,881 - 855 141,026 10% - 50,000 14,720 (14,720) 00/( 474,402 - - 474,402 00% 220,700 220,700 00/( 142,200 - - 142,200 00/( $ 2,094,109 $ 66,831 $ 84,400 $ 2,009,709 40/( $ 269,146 $ 7,431 $ 47,139 $ 222,007 180% - 437 - - 00/( 127,000 1,620 18,309 108,691 140/( 2,240 - - 2,240 00% 170,000 13,158 8,272 161,728 501( 500 - - 500 00/( 32,500 - - 32,500 00/( 16,660 4,378 4,165 12,495 250/( 600 173 174 426 290% - - - - 0% $ 618,646 $ 27,197 $ 78,059 $ 540,587 130/( $ 152,092 $ 41,189 $ 28,093 $ 123,999 180/( 3,500 707 234 3,266 70/( 82,132 13,400 8,861 73,271 110/( 1,120 - - 1,120 00/( 7,000 2,241 1,765 5,235 250/( 20,000 5,898 4,143 15,857 210/( 4,200 1,438 - 4,200 00/( 1,700 432 432 1,268 250/( 500 - - 500 00/( 8,250 2,387 2,111 6,139 260/( 5,565 1,383 1,220 4,345 220% 500 - - 500 00/( 4,000 4,455 3,017 983 750/( $ 290,559 $ 73,531 $ 49,876 $ 240,683 170/( $ 26,500 $ $ $ 26,500 00% 73,000 73,000 00/( $ 99,500 $ $ $ 99,500 00% $ 1,500 $ $ $ 1,500 00/( 4,500 4,500 00/( 5,900 219 80 5,820 1% $ 11,900 $ 219 $ 80 $ 11,820 1% $ 10,750 $ 298 $ 373 $ 10,377 30/( 88,425 9,204 11,506 76,919 130/( 4,370 674 314 4,057 70/( 103,545 10,176 12,192 91,353 120% $ 6,550,000 $ 663,059 $ 2,751,126 $ 3,798,874 420/( 6,550,000 663,059 2,751,126 3,798,874 420% $ 1,000 $ $ $ 1,000 00% 14,800 14,800 00% 199,000 199,000 00/( 214,800 $ 214,800 00% O Q d 11' is C 10 C LL d R 3 CY le N 0 N t V L R 2 25 Packet Pg. 34 Page 4 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2024 Adopted 3/31/2023 3/31/2024 Amount Title Budget Expenditures Expenditures Remaining %Spent 2012 LTGO DEBT SERVIC FUND (231) 1 GENERAL OBLIGATION BOND $ 240,000 $ $ - $ 240,000 00/( 2 INTEREST 70,420 - 70,420 00% $ 310,420 $ $ - $ 310,420 00% PARKS CONSTRUCTION FUND (332) 3 SUPPLIES 4 PROFESSIONAL SERVICES 5 CONSTRUCTION PROJECTS WATER FUND (421) 6 SALARIES AND WAGES 7 OVERTIME 8 BENEFIT S 9 UNIFORMS 10 SUPPLIES 11 WATER PURCHASED FOR RESALE 12 SUPPLIES PURCHASED FOR INVENTORY/RESALE 13 SMALL EQUIPMENT 14 PROFESSIONAL SERVICES 15 COMMUNICATIONS 16 TRAVEL 17 EXCISE TAXES 18 RENTAL/LEASE 19 INSURANCE 20 UTILITIES 21 REPAIRS & MAINTENANCE 22 MISCELLANEOUS 23 INTERFUND SUBSIDIES 24 CONSTRUCTION PROJECTS 25 GENERAL OBLIGATION BONDS 26 REVENUE BONDS 27 INTERGOVERNMENTAL LOANS 28 INTEREST STORM FUND (422) 29 SALARIES AND WAGES 30 OVERTIME 31 BENEFIT S 32 UNIFORMS 33 SUPPLIES 34 SMALL EQUIPMENT 35 PROFESSIONAL SERVICES 36 COMMUNICATIONS 37 TRAVEL 38 EXCISE TAXES 39 RENTAL/LEASE 40 INSURANCE 41 UTILITES 42 REPAIR & MAINTENANCE 43 MISCELLANEOUS 44 INTERFUND SUBSIDIES 45 LAND 46 CONSTRUCTION PROJECTS 47 GENERAL OBLIGATION BONDS 48 REVENUE BONDS 49 INTERGOVERNMENTAL LOANS 50 INTEREST $ $ - $ 497 $ (497) 00/( 21,528 424 (424) 00/( 54,535 547,466 - 54,535 00% $ 54,535 $ 568,994 $ 921 $ 53,614 20/( $ 1,126,709 $ 301,339 $ 209,954 $ 916,755 190/( 24,000 3,434 9,154 14,846 380/( 505,643 98,914 101,577 404,066 200% 4,000 2,129 2,550 1,450 640% 150,000 37,820 47,396 102,604 320/( 2,398,000 292,333 294,798 2,103,202 120/( 180,000 49,808 32,364 147,636 180/( 22,460 1,838 - 22,460 00/( 2,976,926 361,364 313,975 2,662,951 110/( 35,000 7,968 9,323 25,677 270/( 200 - - 200 00/( 1,487,289 333,368 363,900 1,123,389 240/( 189,052 46,612 46,911 142,141 250/( 135,625 225,379 139,740 (4,115) 1030/( 35,000 9,625 8,735 26,265 250/( 216,130 11,705 13,826 202,304 60/( 203,600 65,304 81,069 122,531 400/( 642,130 - - 642,130 00/( 2,955,000 47,283 3,864 2,951,136 00/( 2,970 - - 2,970 00/( 353,590 - 353,590 00/( 25,840 - 25,840 00/( 168,420 - - 168,420 00/( $ 13,837,584 $ 1,896,223 $ 1,679,136 $ 12,158,448 120/( $ 1,013,672 $ 357,241 $ 245,252 $ 768,420 240% 26,000 2,653 981 25,019 40% 413,048 113,161 88,554 324,494 210/( 6,500 3,858 5,092 1,408 780% 46,000 3,805 14,258 31,742 310/( 4,000 - - 4,000 00/( 3,642,016 190,606 319,530 3,322,486 90/( 3,200 1,631 2,382 818 740/( 4,300 - - 4,300 00/( 754,196 207,849 228,939 525,257 300/( 314,693 72,519 77,901 236,792 250/( 110,972 31,680 114,339 (3,367) 1030/( 13,125 4,302 4,344 8,781 330/( 289,130 11,065 10,769 278,361 40/( 240,300 51,240 75,912 164,388 320/( 279,560 - - 279,560 00/( 480,000 - - 480,000 00/( 1,625,730 75,768 - 1,625,730 00/( 108,240 - - 108,240 00/( 168,500 - 168,500 00/( 61,600 - 61,600 00/( 92,640 - - 92,640 00/( $ 9,697,422 $ 1,127,379 $ 1,188,252 $ 8,509,170 120/( O iZ d is C �0 C LL d R 3 CY le N 0 N t t) L M 2 26 Packet Pg. 35 7.2.a Page 5 of 6 CITY OF EDMO NDS EXPENDITURPS BY FUND - DETAIL 2024 Adopted 3/31/2023 3/31/2024 Amount Title Budget Expenditures Expenditures Remaining %Spent SEWER FUND (423) 1 SALARIES AND WAGES $ 3,111,357 $ 866,696 $ 667,960 $ 2,443,397 210/( 2 OVERTIME 130,000 52,714 60,843 69,157 470/( 3 BENEFITS 1,199,819 290,355 252,509 947,310 210/( 4 UNIFORMS 11,500 5,689 3,743 7,757 330/( 5 SUPPLIES 571,500 100,721 97,615 473,885 170/( 6 FUEL CONSUMED 20,000 - - 20,000 00/( 7 SUPPLIES PURCHASED FOR INV OR RESALE 5,000 - - 5,000 00/( 8 SMALL EQUIPMENT 75,000 2,146 779 74,221 10% 9 PROFESSIONAL SERVICES 5,124,947 534,970 459,696 4,665,251 90% 10 COMMUNICATIONS 48,000 12,203 10,817 37,183 230% 11 TRAVEL 5,000 - 574 4,426 110% 12 EXCISE TAXES 1,338,814 311,045 350,229 988,585 260% 13 RENTAL/LEASE 438,031 77,630 108,424 329,607 250% 14 INSURANCE 553,988 362,302 570,794 (16,806) 1030/( 15 UTILITIES 1,972,060 593,215 586,927 1,385,133 300/( 16 REPAIR&MAINTENANCE 600,630 57,197 168,569 432,061 280/( 17 MISCELLANEOUS 338,350 82,252 98,597 239,753 290/( 18 INTERFUND SUBSIDIES 3,066,814 - - 3,066,814 00/( 19 MACHINERY/EQUIPMENT 1,580,000 - 1,580,000 00% 20 CONSTRUCTION PROJECTS 2,565,817 62,363 2,503,454 20% 21 GENERAL OBLIGATION BONDS 130,980 - 130,980 00% 22 REVENUE BONDS 57,930 - - 57,930 00% 23 INTERGOVERNMENTAL LOANS 104,730 15,754 16,121 88,609 150% 24 INTEREST 347,240 2,582 2,374 344,866 10% 25 OTHER INTEREST & DEBT SERVICE COSTS - 1,948 1,791 (1,791) 00% $ 23,397,507 $ 3,369,420 $ 3,520,725 $ 19,876,782 150% BOND RESERVE FUND (424) 26 REVENUE BONDS $ 875,020 $ - $ - $ 875,020 00/( 27 INTEREST 1,113,810 1,113,810 00/( $ 1,988,830 $ $ $ 1,988,830 00/( O Q d is C 10 C LL d R 3 CY le N O N t L M E 27 Packet Pg. 36 I 7.2.a I Page 6 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2024 Adopted 3/31/2023 3/31/2024 Amount Title Budget Expenditures Expenditures Remaining %Spent EQUIPMENT RENTAL FUND (511) 1 SALARIES AND WAGES $ 425,142 $ 130,524 $ 107,338 $ 317,804 250X 2 OVERTIME 2,000 - 1,260 740 630X 3 BENEFITS 155,443 37,199 37,768 117,675 240% 4 UNIFORMS 1,500 519 1,037 463 690X 5 SUPPLIES 149,120 19,687 34,663 114,457 230% 6 FUEL CONSUMED 1,000 - - 1,000 00X 7 SUP P LIES PURCHASED FOR INVENT ORY/RE SALE 458,880 100,429 61,183 397,697 130X 8 SMALL EQUIPMENT 58,000 362 3,406 54,594 60X 9 PROFESSIONAL SERVICES 47,500 418 356 47,144 1% 10 COMMUNICATIONS 3,000 756 836 2,164 280/( 11 TRAVEL 1,000 - - 1,000 00X 12 RENTAL/LEASE 16,830 4,191 4,001 12,829 240% 13 INSURANCE 70,797 52,373 72,881 (2,084) 1030% 14 UTILITIES 24,000 7,458 5,437 18,563 230% 15 REPAIRS & MAINTENANCE 60,000 11,621 32,727 27,273 550% 16 MISCELLANEOUS 12,000 1,827 2,178 9,822 180X 17 MACHINERY/EQUIPMENT 1,288,000 461,925 103,746 1,184,254 80X $ 2,774,212 $ 829,288 $ 468,818 $ 2,305,394 170% TECHNOLOGY RENTAL FUND (512) 18 SALARIES AND WAGES $ 654,329 $ 131,533 $ 154,265 $ 500,064 240% 19 OVERTIME 2,000 - 662 1,338 330% 20 BENEFITS 226,298 45,402 57,019 169,279 250X 21 SUPPLIES 5,000 1,718 1,007 3,993 200X 22 SMALL EQUIPMENT 220,300 51,415 19,520 200,780 90N 23 PROFESSIONAL SERVICES 61,860 10,026 1,702 60,158 30X 24 COMMUNICATIONS 58,770 14,186 10,789 47,981 180X 25 TRAVEL 1,500 - - 1,500 00% 26 RENTAL/LEASE 5,190 410 548 4,643 110% 27 REPAIRS & MAINTENANCE 664,229 419,006 392,359 271,870 59% 28 MISCELLANEOUS 55,600 9,770 277 55,323 00% 29 MACHINERY/EQUIPMENT 56,000 - - 56,000 00X $ 2,011,076 $ 683,467 $ 638,146 $ 1,372,930 320% TOTAL EXPENDITURE ALL FUNDS $ 128,812,666 $ 26,946,235 $ 25,190,157 $ 103,622,509 200X 2 28 Packet Pg. 37 7.2.a Page 1 of 1 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENTIN SUMMARY 2024 Adopted 3/31/2023 3/31/2024 Amount Title Budget Expenditures Expenditures Remaining % Spent CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT ADMINISTRATIVE SERVICES CITY ATTORNEY NON -DEPART MENTAL POLICE SERVICES SATELLITE OFFICE COMMUNITY SERVICES/ECONOMIC DEV PLANNING& DEVELOPMENT HUMAN SERVICES PROGRAM PARKS & RECREATION PUBLIC WORKS FACILITIES MAINTENANCE $ 479,286 $ 108,460 $ 129,587 $ 349,699 27% 490,875 101,671 106,210 384,665 22% 1,222,438 230,737 334,300 888,138 27% 1,811,176 352,625 418,493 1,392,683 23% 2,825,453 774,413 701,302 2,124,151 25% O 1,161,780 186,270 220,257 941,523 19% Q- d tY 6,857,495 4,986,307 1,750,948 5,106,547 26% 17,478,540 3,173,554 3,895,633 13,582,907 22% C �0 172,105 26,541 38,868 133,237 23% LL 1,162,045 263,059 256,210 905,835 22% 4,251,605 913,919 930,649 3,320,957 22% d R 3 320,940 56,209 60,205 260,735 19% CY le 6,520,597 1,386,849 1,415,374 5,105,223 22% C N 4,500,279 967,711 1,050,780 3,449,499 23% t t� L 2,638,179 1,264,752 769,473 1,868,706 29% M $ 51,892,793 $ 14,793,075 $ 12,078,289 $ 39,814,504 23% v C ITY O F EDMO NDS EXPENDITURES - UTILITY- BY FUND IN SUMMARY Title 2024 Adopted Budget 3/31/2023 Expenditures 3/31/2024 Expenditures Amount Remaining %Spent WATER UTILITY FUND $ 13,837,584 $ 1,896,223 $ 1,679,136 $ 12,158,448 12% STORM UTILITY FUND 9,697,422 1,127,379 1,188,252 8,509,170 12% SEWER/WWTP UTILITY FUND 23,397,507 3,369,420 3,520,725 19,876,782 15% BOND RESERVE FUND 1,988,830 - - 1,988,830 0% $ 48,921,343 $ 6,393,021 $ 6,388,112 $ 42,533,231 13% 29 Packet Pg. 38 I 7.2.a I Page 1 of 2 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title 2024 Adopted Budget 3/31/2023 Expenditures 3/31/2024 Expenditures Amount Remaining %Spent C TIY C O UNC IT, SALARIES AND WAGES $ 253,724 $ 54,958 $ 61,514 $ 192,210 24% BENEFITS 106,715 25,827 33,141 73,574 31% SUPPLIES 1,462 433 81 1,381 6% SERVICES 117,385 27,243 34,851 82,534 30% $ 479,286 $ 108,460 $ 129,587 $ 349,699 27% OFFICEOFMAYOR SALARIES AND WAGES $ 302,809 $ 64,189 $ 71,268 $ 231,541 24% BENEFITS 96,402 22,420 19,348 77,054 20% SUPPLIES 1,097 284 276 821 25% SERVICES 90,567 14,779 15,318 75,249 17% $ 490,875 $ 101,671 $ 106,210 $ 384,665 22% HUMAN RESOURCES SALARIES AND WAGES $ 752,306 $ 127,367 $ 156,649 $ 595,657 21% BENEFITS 241,822 48,229 60,557 181,265 25% SUPPLIES 10,026 460 172 9,854 2% SERVICES 218,284 54,682 116,922 101,362 54% $ 1,222,438 $ 230,737 $ 334,300 $ 888,138 27% MUNIC IPAL C O URT SALARIES AND WAGES $ 1,137,525 $ 235,460 $ 257,062 $ 880,463 23% BENEFITS 349,462 75,145 85,902 263,560 25% SUPPLIES 11,600 4,851 754 10,846 7% SERVICES 312,589 37,169 74,775 237,814 24% $ 1,811,176 $ 352,625 $ 418,493 $ 1,392,683 23% ADMINISTRATIVE SERVICES SALARIES AND WAGES $ 1,886,891 $ 487,548 $ 429,587 $ 1,457,304 23% BENEFITS 539,701 129,844 130,307 409,394 24% SUPPLIES 11,965 2,796 2,382 9,583 20% SERVICES 386,896 154,225 139,026 247,870 36% $ 2,825,453 $ 774,413 $ 701,302 $ 2,124,151 25% CITY ATTORNEY SERVICES $ 1,161,780 $ 186,270 $ 220,257 $ 941,523 19% $ 1,161,780 $ 186,270 $ 220,257 $ 941,523 19% NON -DEPARTMENTAL SALARIES AND WAGES $ (2,100,000) $ - $ - $ (2,100,000) 0% BENEFITS (805,332) 37,772 12,963 (818,295) 0% SUPPLIES 5,000 - - 5,000 0% SERVICES 8,761,427 4,898,535 1,703,423 7,058,004 19% INTERFUND SUBSIDIES 675,000 50,000 25,000 650,000 4% DEBT SERVICE - PRINCIPAL 197,120 - - 197,120 0% DEBT SERVICE -INTEREST 124,280 9,562 114,718 8% $ 6,857,495 $ 4,986,307 $ 1,750,948 $ 5,106,547 26% PO LIC E SERVIC E5 SALARIES AND WAGES $ 11,085,782 $ 1,975,849 $ 2,423,683 $ 8,662,099 22% BENEFITS 3,799,900 720,278 917,445 2,882,455 24% SUPPLIES 276,426 33,205 19,465 256,961 7% SERVICES 2,016,432 444,221 535,040 1,481,392 27% DEBT SERVICE - PRINCIPAL 300,000 300,000 0% $ 17,478,540 $ 3,173,554 $ 3,895,633 $ 13,582,907 22% SATELLITE O FFIC E SALARIES AND WAGES $ 45,689 $ 10,920 $ 11,421 $ 34,268 25% BENEFITS 31,570 2,075 7,931 23,639 25% SUPPLIES 12,000 - - 12,000 0% SERVICES 82,846 13,545 19,517 63,329 24% $ 172,105 $ 26,541 $ 38,868 $ 133,237 23% O Q d d' is C 10 C U. d M 0 CY 14 N O N t V L R 2 30 Packet Pg. 39 1 I 7.2.a I Page 2 of 2 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2024 Adopted 3/31/2023 3/31/2024 Amount Title Budget Expenditures Expenditures Remaining %Spent COMMUNITY SERVICES/EC0N DEV. SALARIES AND WAGES $ 673,413 $ 159,276 $ 169,173 $ 504,240 25% BENEFITS 168,009 40,747 48,449 119,560 29% SUPPLIES 233 391 72 161 31% SERVICES 320,390 62,645 38,516 281,874 12% $ 1,162,045 $ 263,059 $ 256,210 $ 905,835 22% PLANNING & DEVELOPMENT SALARIES AND WAGES $ 2,394,050 $ 558,228 $ 499,710 $ 1,894,340 21% BENEFITS 870,471 209,013 185,850 684,621 21% SUPPLIES 15,879 3,275 158 15,721 1% SERVICES 971,205 143,403 244,930 726,275 25% $ 4,251,605 $ 913,919 $ 930,649 $ 3,320,957 22% HUMAN SERVICES PROGRAM SALARIES AND WAGES $ 121,472 $ 27,870 $ 30,609 $ 90,863 25% BENEFITS 34,330 8,012 8,724 25,606 25% SUPPLIES 10,968 661 - 10,968 0% SERVICES 154,170 19,666 20,872 133,298 14% 320,940 56,209 60,205 260,735 19% PARKS & RECREATION SALARIES AND WAGES $ 3,394,355 $ 824,595 $ 765,678 $ 2,628,677 23% BENEFITS 1,200,364 266,030 299,009 901,355 25% SUPPLIES 433,980 59,789 44,493 389,487 10% SERVICES 1,491,898 236,436 306,194 1,185,704 21% $ 6,520,597 $ 1,386,849 $ 1,415,374 $ 5,105,223 22% PUBLIC WORKS ADMINISTRATION SALARIES AND WAGES $ 422,973 $ 104,156 $ 139,301 $ 283,673 33% BENEFITS 128,003 31,472 43,959 84,044 34% SUPPLIES 8,740 3,618 1,945 6,795 22% SERVICES 162,710 21,297 40,425 122,285 25% $ 722,426 $ 160,542 $ 225,629 $ 496,797 31% FACILITIES MAINTENANCE SALARIES AND WAGES $ 1,132,741 $ 408,807 $ 292,448 $ 840,293 26% BENEFITS 488,518 136,778 120,718 367,800 25% SUPPLIES 115,500 33,814 16,819 98,681 15% SERVICES 901,420 396,629 305,449 595,971 34% MACHINERY/EQUIPMENT 288,725 34,040 (34,040) 0% $ 2,638,179 $ 1,264,752 $ 769,473 $ 1,868,706 29% ENGINEERING SALARIES AND WAGES $ 2,528,734 $ 555,827 $ 534,520 $ 1,994,214 21% BENEFITS 887,072 199,868 196,813 690,259 22% SUPPLIES 2,200 862 288 1,912 13% SERVICES 359,847 50,612 93,529 266,318 26% $ 3,777,853 $ 807,168 $ 825,151 $ 2,952,702 22% TOTAL GENERAL FUND EXPENDITURES $ 51,892,793 $ 14,793,075 $ 12,078,289 $ 39,814,504 23% O Q d d' is C 10 C LL d R 3 CY le N O N t V L M E 31 Packet Pg. 40 7.2.a GENERAL FUND OVERVIEW FUND BALANCES CHANGE IN FUND BALANCES GENERAL FUND ---- ACTUAL ---- ---- ACTUAL ---- & SUBFUNDS 12/31 /2023 3/31 /2024 3/31 /2024 Q1 YTD Fund Balance Fund Balance Cash Balance 001 -General Fund $ 2,528,750 $ 790,775 $ (2,302,946) $ (1,737,976) $ (1,737,976' 009-Leoff-Medical Ins. Reserve 139,774 36,609 45,588 (103,165) (103,165' 012-Contingency Reserve Fund 2,228,672 2,228,672 2,228,672 - 014-Historic Preservation Gift Fund 8,944 4,559 4,559 (4,385) (4,385' Q 016-Building Maintenance 3,756,168 3,154,384 3,208,456 (601,783) (601,783' 017 - Marsh Restoration & Preservation 853,595 853,895 853,895 300 300 7 018 - Edmonds Homelessness Response Fd 200,000 200,000 200,000 - - v C 019 - Opioid Response Fund 74,119 203,675 203,675 129,556 129,556 C Total General Fund & Subfunds $ 9,790,022 $ 7,472,569 $ 4,441,898 $ (2,317,453) $ (2,317,453; Il d $8,149,887 of fund balance in Fund 001 added to the $2,228,672 balance in Fund 012, represents the required 20% ca d operating reserve. It N O There are no interfund loans outstanding at this time. s L C� C GOVERNMENTAL FUNDS OVERVIEW FUND BALANCES CHANGE IN FUND BALANCES IL 21 ---- ACTUAL ---- ---- ACTUAL ---- GOVERNMENTAL FUNDS 12/31 /2023 3/31 /2024 3/31 /2024 Q1 YTD Fund Balance Fund Balance Cash Balance d General Fund & Subfunds $ 9,790,022 $ 7,472,569 $ 4,441,898 $ (2,317,453) $ (2,317,453; N Special Revenue 14,952,551 15,211,089 18,124,289 258,538 258,538 N Capital Projects - Fund 332 139,615 191,005 180,560 51,390 51,390 v L Total Governmental Funds $ 24,882,188 $ 22,874,663 $ 22,746,746 $ (2,007,525) $ (2,007,525: w C N E s t) ca r r Q Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The ending fund balances for 2023 are preliminary, these will be updated after the completion of the 2023 Financial Statements. 32 Packet Pg. 41 7.2.a SPECIAL REVENUE FUNDS OVERVIEW FUND BALANCES CHANGE IN FUND BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- SPECIAL REVENUE 12/31/2023 3/31/2024 3/31/2024 Q1 YTD Fund Balance Fund Balance Cash Balance 104 - Drug Enforcement Fund $ 40,843 $ 41,592 $ 41,067 $ 749 $ 749 111 - Street Fund 4,701 (357,421) (480,960) (362,122) (362,122' 112- Combined Street Const/Improve 2,734,808 2,735,324 1,790,426 516 516 117 - Municipal Arts Acquis. Fund 657,265 677,001 668,516 19,735 19,735 p 120 - Hotel/Motel Tax Revenue Fund 151,247 161,745 143,881 10,498 10,498 >Z Q 121 - Employee Parking Permit Fund 83,814 96,038 94,960 12,223 12,223 122 -Youth Scholarship Fund 17,868 18,120 17,891 252 252 123-Tourism Promotional Fund/Arts 138,157 147,655 140,688 9,498 9,498 V C 125 - Real Estate Tax2 1,992,459 2,178,887 2,205,981 186,428 186,428 C 126 - Real Estate Excise Tax 1 * 3,957,800 4,216,209 4,163,149 258,410 258,410 jy 127 - Gifts Catalog Fund 3,140,448 3,215,334 3,175,366 74,886 74,886 130- Cemetery Mai ntenance/Improvement 196,245 174,497 172,075 (21,747) (21,747' 137- Cemetery Maintenance Trust Fund 1,212,121 1,237,120 1,221,539 24,999 24,999 c4 138- Sister City Commission 18,681 18,944 18,700 263 263 3 a 140-Business Improvement Disrict 37,682 56,808 56,808 19,125 19,125 141 - Affordable and Supportive Housing I'd 309,127 328,567 320,171 19,441 19,441 p 142 - Edmonds Rescue Plan Fund 36,932 38,182 4,150,722 1,250 1,250 N s 143 - Tree Fund 222,354 226,487 223,308 4,133 4,133 i Total Special Revenue 14,952,551 $ 15,211,089 $ 18,124,289 $ 258,538 $ 258,538 *$200,000 of the fund balance in Fund 126 has been reserved for Marsh Restoration Funding, as well as $1,000,000 for the purchase of Open Space. c a d ENTERPRISE FUNDS OVERVIEW ILL FUND BALANCES CHANGE IN FUND BALANCES ENTERPRISE ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31/2023 3/31/2024 3/31/2024 Q1 YTD CY Fund Balance Fund Balance Cash Balance N O 421 -Water Utility Fund $ 9,601,886 $ 10,800,380 $ 10,795,269 $ 1,198,494 $ 1,198,494 N s 422 - Storm Utility Fund ' 6,983,494 8,051,507 7,595,138 1,068,014 1,068,014 L 423 - Sewer/WWTP Utility Fund 14,404,202 15,227,215 16,244,598 823,013 823,013 424 - Bond Reserve Fund 843,961 850,555 850,555 6,595 6,595 C 411 -Combined Utility Operation - 41,775 97,148 41,775 41,775 Total Enterprise Funds 31,833,542 $ 34,971,432 $ 35,582,707 $ 3,137,890 $ 3,137,890 t *$250,000 of the Storm Utility Fund Balance has been reserved for Marsh Restoration Funding. r r Q Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The ending fund balances for 2023 are preliminary, these will be updated after the completion of the 2023 Financial Statements. 33 Packet Pg. 42 7.2.a SUMMARY OVERVIEW FUND BALANCES CHANGE IN FUND BALANCES CITY-WIDE ---- ACTUAL ---- ---- ACTUAL ---- 12/31 /2023 3/31 /2024 3/31 /2024 Q1 YTD Fund Balance Fund Balance Cash Balance Governmental Funds $ 24,882,188 $ 22,874,663 $ 22,746,746 (2,007,525) $ (2,007,525' Enterprise Funds 31,833,542 34,971,432 35,582,707 3,137,890 3,137,890 Internal Services Fund 11,832,302 11,970,042 5,771,850 137,741 137,741 Total City-wide Total $ 68,548,032 $ 69,816,137 $ 64,101,303 $ 1,268,105 $ 1,268,105 C d' C C IL INTERNAL SERVICE FUNDS OVERVIEW d 3 d N O N t t1 L FUND BALANCES CHANGE IN FUND BALANCES INTERNAL SERVICE ---- ACTUAL ---- ---- ACTUAL ---- C FUNDS 12/31 /2023 3/31 /2024 3/31 /2024 Q1 YTD Q Fund Balance Fund Balance Cash Balance 511Equipment Rental Fund $ 10,991,937 $ 11,223,123 $ 5,421,897 $ 231,186 $ 231,186 C 512 - Technology Rental Fund 840,365 746,920 349,952 (93,445) (93,445' _ iL Total Internal Service Funds 11,832,302 $ 11,970,042 $ 5,771,850 $ 137,741 $ 137,741 z, i d ca 3 a N O N t t� L C� L w E r r Q Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The ending fund balances for 2023 are preliminary, these will be updated after the completion of the 2023 Financial Statements. 34 Packet Pg. 43 I 7.2.a I INVESTMENT PORTFOLIO SUMMARY City of Edmonds Investment Portfolio Detail As of March 31, 2024 Years Agency/ Investment Purchase to Par Market Maturity Coupon Issuer Type Price Maturity Value Value Date Rate FHLB Bonds 954,866 0.03 1,000,000 998,777 04/10/24 0.35% FM Bonds 996,082 0.21 1,000,000 994,958 06/17/24 2.80% FNMA Bonds 992,693 0.25 1,000,000 990,881 07/02/24 1.75% FFCB Bonds 1,960,906 0.45 2,000,000 1,984,297 09/13/24 3.50% FHLB Bonds 950,774 0.64 1,000,000 973,264 11/18/24 0.90% Spokane County WA Bonds 207,260 0.67 200,000 195,924 12/01/24 2.10% First Financial - Waterfront Center CD 245,000 0.74 245,000 245,000 12/27/24 2.47% FHLMC Bonds 974,798 0.95 1,000,000 987,647 03/13/25 3.75% Farmer Mac Bonds 1,995,088 1.05 2,000,000 1,987,433 04/17/25 4.25% FHLB Bonds 969,524 1.33 1,000,000 983,991 07/28/25 3.60% US Treasury Note Note 964,597 1.38 1,000,000 977,344 08/15/25 3.13% FFCB Bonds 1,982,692 1.69 2,000,000 1,977,534 12/08/25 4.13% Farmer Mac Bonds 1,994,172 1.84 2,000,000 1,973,696 02/02/26 3.95% FHLMC Bonds 993,661 2.31 1,115,000 1,018,974 07/22/26 0.83% Farmer Mac Bonds 2,057,309 2.63 2,305,000 2,110,506 11/17/26 1.15% First Financial - ECA CD 2,803,516 3.63 2,803,516 2,803,516 11/15/27 2.96% TOTAL SECURITIES 21,042,939 1.24 21,668,516 21,203,742 Washington State Local Gov't Investment Pool 22,689,720 22,689,720 Demand 5.41% Snohomish County Local Gov't Investment Pool 11,580,699 11,580,699 Demand 2.56% TOTAL PORTFOLIO $ 55,938,935 $ 55,474,162 Issuer Diversification 11 First Financial - CD, 14% Spokane County WA, 1% Farmer Mac, 29% FFCB, 18% FHLMC, 0 ° FHLB, 14% Cash and Investment Balances (in $ Millions) Note, Checking, $1.00, 2% Bonds, $10.71, $17.62, 16% 26% CD's, $3.05 State LGIP, $22.69, , 5% County 34% LGI P, $11.58 , 17% 35 Packet Pg. 44 1 INVESTMENT PORTFOLIO SUMMARY 7.2.a $ 2,000, 000 $1,500, 000 $1,236,875 $1,000,000 $500,000 2019 Annual Interest Income I $950,684 2021 $1,091,709 $613,121 — 2023 YTD 2024 0 a 0 �a .v c �a c ii d R Cy N O N L V L M 2 36 Packet Pg. 45 7.3 City Council Agenda Item Meeting Date: 05/21/2024 April 2024 Monthly Financial Report Staff Lead: Kim Dunscombe Department: Administrative Services Preparer: Sarah Mager Background/History N/A Staff Recommendation Receive for Filing Narrative April 2024 Monthly Financial Report Attachments: Complete April 2024 Monthly Financial Report Packet Pg. 46 I 7.3.a I O-V lac. 1 ISOv CITY OF EDMONDS MONTHLY BUDGETARY FINANCIAL REPORT AP RI L 2024 Packet Pg. 47 1 I 7.3.a I MONTHLY HIGHLIGHTS GENERAL FUND HIGHLIGHTS • Real Personal/Property Tax and EMS Levy is up $451,144 from this point last year. Despite this current good news, our forecast for property tax will likely finish under budget by $130,000. • Sales tax is up $154,951 from this point last year, yet it falls short of the cumulative budget by $(38,793). Our forecast indicates this revenue source to be close to or slightly under budget. p • Utility taxes are categorized under "Other Taxes" in the chart below, exhibit divergent trends, with some surpassing the CL cumulative budget while others lag behind. Notably, gas tax is down by $(94,534), electric tax is down by $(67,794), and �a telephone tax by $(102,426), all falling short of their perspective cumulative budget. U • Development services revenues overall are up a total of $343,798 from this point last year. The increase is notably due to the c city receiving permit revenue for development of the Edmonds Green Apartments. u_ • Interest charged to the General Fund for negative cash balance in 2024 equals $33,452 to date. • Year-to-date, General Fund salary and benefit expenses are slightly above the budgeted target by $130,000 at this point in the o year. This includes the vacancy rate offset that was incorporated into the budget. N O N General Fund Tax Revenue (2024 YTD) 14,000,000 12,000, 000 10,000,000 F 8,000,000 x 6,000,000 a 4,000,000 2,000,000 Sales Tax Property Tax EMS Tax Other Taxes Actual 3,776,135 5,278,095 2,018,272 3,027, 238 ■ Budget 12,300,000 11,327,000 4,578,000 9,229,949 STREET FUND HIGHLIGHTS • Interest charged to the Street Fund for negative cash balance in 2024 equals $8,046 to date. REET FUND HIGHLIGHTS • REET revenues are 19.5% or $145,444 higher than last year. Projections indicate REET revenues are on track to meet the budget target of $3.0 million. 1 Packet Pg. 48 7.3.a City of Edmonds All Funds Financial Summary As of April 30, 2024 Beginning Fund Revenues / Expenditures / Revenues less Ending Fund Fund Balance Sources Uses Expenditures Balance Cash Balance Governmental 001 General Fund 2,492,460 19,226,965 15,860,371 3,366,594 5,859,055 2,993,329 009 LEOFF Medical Insurance Reserve 139,774 - 137,208 (137,208) 2,565 19,631 012 Contingency Reserve 2,228,672 - - - 2,228,672 2,228,672 014 Historic Sub -Fund 8,944 - 4,385 (4,385) 4,559 4,559 016 Building Maintenance 3,756,168 37,073 631,095 (594,022) 3,162,146 3,216,217 017 Marsh Restoration 853,595 300 - 300 853,895 853,895 018 Homeless Response 200,000 - - 200,000 200,000 0 019 Opioid Response 74,119 143,391 143,391 217,510 217,510 CL 4) Total General Funds 9,753,732 19,407,729 16,633,060 2,774,669 12,528,401 9,733,812 Special Revenue Funds 104 Drug Enforcement 40,843 1,118 - 1,118 41,961 41,436 c=a 111 Street 4,701 479,198 899,895 (420,697) (415,996) (537,199) iy 112 Street Construction 2,734,808 2,045,120 1,134,131 910,989 3,645,797 1,782,357 >, 117 Municipal Arts 657,265 30,089 6,395 23,694 680,959 674,520 120 Hotel / Motel 151,247 35,426 32,103 3,323 154,569 141,747 O 121 Employee Parking 83,814 13,378 - 13,378 97,192 96,114 122 Youth Scholarship 17,868 488 150 338 18,207 17,977 N 0 123 Tourism Promotion 138,157 14,248 5,500 8,748 146,905 139,938 N 125 R E ET 2 1,992,459 504,192 211,119 293,073 2,285,532 2,312,010 L Q 126 REET 1 3,957,800 557,153 133,240 423,913 4,381,713 4,328,689 Q 127 Gifts Catalog 3,140,448 237,769 122,924 114,845 3,255,293 3,214,874 130 Cemetery Maintenance 196,245 61,740 72,085 (10,345) 185,900 184,479 Q 137 Cemetery Trust 1,212,121 39,536 - 39,536 1,251,657 1,236,077 N 138 Sister City 18,681 2,916 80 2,836 21,517 21,274 140 Business Improvement 37,682 44,102 21,563 22,540 60,222 64,189 = 141 Affordable Housing 309,127 19,441 - 19,441 328,567 320,171 = 142 Edmonds Rescue 36,932 3,669,835 3,668,168 1,667 38,599 3,234,097 iL 143 Tree Fund 222,354 10,159 102 10,057 232,411 229,232 2% Capital Projects 139,615 56,668 921 55,747 195,362 184,917 Debt Service - 350 - 350 350 - 0 Enterprise Funds 411 Combined Utility Operation - 51,415 - 51,415 51,415 102,407 c 421 Water UtiIity 9,601,886 3,662,988 2,384,486 1,278,502 10,880,388 11,244,142 N 422 Storm Water Utility 6,983,494 2,755,771 1,560,446 1,195,325 8,178,818 7,757,698 Q 423 Sewer/ Wastewater Treatment Plar 14,903,525 6,697,115 5,222,885 1,474,231 16,377,755 16,256,364 Q 424 Bond Reserve Fund 843,961 9,213 - 9,213 853,173 853,173 d y Internal Service Funds IZ 511 Equipment Rental 10,923,491 920,452 703,679 216,772 11,140,263 5,414,157 p 512 Technology Rental 847,906 726,268 726,999 (731) 847,175 427,566 V All Funds 68,950,161 42,053,877 33,539,931 8,513,946 77,464,107 69,476,217 r- E s t� O Q 2 Packet Pg. 49 I 7.3.a I GENERAL FUND SUMMARY City of Edmonds, WA Monthly Revenue Summary -General Fund 2024 General Fund Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 2,698,070 $ 2,698,070 $ 2,532,339 $ 2,532,339 -6.14% February 5,386,652 2,688,582 3,801,618 6,333,957 17.59% March 8,194,953 2,808,300 4,006,316 10,340,274 26.18% April 12,809,847 4,614,894 8,886,692 19,226,965 50.10% May 21,776,323 8,966,476 June 24,453,075 2,676,752 July 27,423,536 2,970,461 August 30,755,807 3,332,272 September 33,530,489 2,774,682 October 39,070,656 5,540,167 November 47,885,067 8,814,411 December 51,056,792 3,171,725 O Q lC C R LL L 5 C O 5 N O N Q Q City of Edmonds, WA Monthly Expenditure Report -General Fund 2024 General Fund Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 4,809,938 $ 4,809,938 $ 4,652,570 $ 4,652,570 -3.27% February 8,929,454 4,119,516 3,706,872 8,359,442 -6.38% March 12,949,647 4,020,193 3,718,847 12,078,289 -6.73% April 16,605,531 3,655,883 3,782,083 15,860,372 -4.49% May 20,680,817 4,075,286 June 25,263,927 4,583,110 July 29,265,836 4,001,909 August 33,410,940 4,145,104 September 37,568,223 4,157,283 October 41,684,206 4,115,983 November 46,834,850 5,150,644 December 51,892,793 5,057,943 *The monthly budget forecast columns are based on a five-year average. 3 Packet Pg. 50 MAJOR GOVERNMENTAL REVENUE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2024 Sales and Use Tax Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 956,967 $ 956,967 $ 975,066 $ 975,066 1.89% February 2,084,047 1,127,080 1,059,532 2,034,598 -2.37% March 2,987,849 903,802 870,730 2,905,328 -2.76% April 3,814,928 827,079 870,807 3,776,135 -1.02% May 4,821,039 1,006,111 June 5,796,759 975,721 July 6,836,449 1,039,690 August 7,953,072 1,116,623 September 8,995,564 1,042,491 October 10,116,626 1,121,062 November 11,238,239 1,121,613 December 12,300,000 1,061,761 Sales and Use Tax 11,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC �Cuaent Year Budget Prior Year City of Edmonds, WA Monthly Revenue Summary -Real Personal/Property Tax 2024 Real Personal/Property Tax Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 28,172 $ 28,172 $ 15,003 $ 15,003 -46.75% February 156,833 128,661 265,415 280,418 78.80% March 877,571 720,738 546,457 826,875 -5.78% April 5,200,702 4,323,131 4,451,219 5,278,095 1.49% May 6,113,323 912,621 June 6,167,757 54,434 July 6,192,819 25,062 August 6,247,276 54,457 September 6,423,953 176,676 October 10,550,884 4,126,931 November 11,287,789 736,905 December 11,327,000 39,211 Real Personal/Property Tax 12,000,000 11,000,000 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 _ 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC �CwrentYear -Budget �PriorYear *The monthly budget forecast columns are based on a five-year average. 4 Packet Pg. 51 I 7.3.a I MAJOR GOVERNMENTAL REVENUE SUMMARY City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 2024 Real Estate Excise Tax 1 & 2 Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 225,388 $ 225,388 $ 158,734 $ 158,734 -29.57% February 376,297 150,909 141,173 299,908 -20.30% March 569,768 193,471 237,275 537,183 -5.72% April 775,427 205,659 354,193 891,375 14.95% May 1,036,020 260,593 June 1,293,139 257,119 July 1,573,012 279,874 August 1,849,679 276,667 September 2,151,102 301,423 October 2,420,735 269,633 November 2,687,175 266,440 December 3,000,000 312,825 *The monthly budget forecast columns are based on a five-year average. 5 Packet Pg. 52 MAJOR GOVERNMENTAL REVENUE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Revenue Summary -Water Utility Tax 2024 Water Utility Tax Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 90,844 $ 90,844 $ 92,691 92,691 2.03% February 154,355 63,511 62,177 154,868 0.33% March 244,152 89,797 90,963 245,831 0.69% April 304,356 60,204 62,146 307,977 1.19% May 393,634 89,278 June 463,947 70,313 July 573,149 109,202 August 666,476 93,327 September 791,033 124,557 October 881,630 90,597 November 983,292 101,662 December 1,047,289 63,997 Water Utility Tax 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year -Budget - Prior Year City of Edmonds, WA Monthly Revenue Summary -Sewer Utility Tax 2024 Sewer Utility Tax Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 101,297 $ 101,297 $ 101,472 $ 101,472 0.17% February 185,730 84,433 84,516 185,988 0.14% March 286,530 100,799 101,250 287,238 0.25% April 371,027 84,497 85,581 372,818 0.48% May 472,427 101,400 June 557,139 84,712 July 659,773 102,634 August 744,838 85,065 September 850,226 105,388 October 936,127 85,902 November 1,039,506 103,379 December 1,123,814 84,308 Sewer Utility Tax 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 6 Packet Pg. 53 DEPARTMENT EXPENSE SUMMARY L 7.3.a C ITY O F FDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY Title CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT ADMINISTRATIVE SERVICES CITY ATTORNEY NON -DEPARTMENTAL POLICE SERVICES SATELLITE OFFICE COMMUNITY SERVICESIECONOMIC DEV PLANNING& DEVELOPMENT failul:�►i.�il W31 PARKS& RECREATION PUBLIC WORKS FACILITIES MAINTENANCE 2024 Adopted 4/30/2023 4/30/2024 Amount Budget Expenditures Expenditures Remaining %Spent $ 479,286 $ 142,437 $ 165,561 $ 313,725 35% 490,875 133,210 142,364 348,511 29% 1,222,438 296,057 432,481 789,957 35% 1,811,176 476,351 559,198 1,251,978 31% 2,825,453 964,313 914,151 1,911,302 32% 1,161,780 276,332 328,640 833,140 28% 6,857,495 6,091,521 1,962,932 4,894,563 29% 17,478,540 4,326,784 5,355,290 12,123,250 31% 172,105 38,974 50,392 121,714 29% 1,162,045 362,832 347,490 814,555 30% 4,251,605 1,265,403 1,234,470 3,017,135 29% 320,940 80,419 84,078 236,862 26% 6,520,597 1,788,118 1,898,998 4,621,599 29% 4,500,279 1,291,044 1,395,881 3,104,398 31% 2,638,179 1,451,697 988,445 1,649,734 37% $ 51,892,793 $ 18,985,494 $ 15,860,371 $ 36,032,422 31% F O O R C R C LL t c O E N O N �L M 4 7 Packet Pg. 54 DEPARTMENT EXPENSE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Expenditure Report -City Council 2024 City Council Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 34,240 $ 34,240 $ February 71,153 36,913 March 112,189 41,036 April 150,403 38,214 May 193,081 42,678 June 234,428 41,347 July 275,019 40,591 August 316,493 41,474 September 357,868 41,375 October 394,551 36,684 November 435,285 40,734 December 479,286 44,001 40,574 $ 40,574 18.50% 54,006 94,579 32.92% 35,007 129,587 15.51% 35,974 165,561 10.08 % City of Edmonds, WA Monthly Expenditure Report -Office of Mayor 2024 Office of Mayor Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 40,561 $ 40,561 $ February 82,159 41,598 March 124,596 42,436 April 165,441 40,846 May 205,791 40,350 June 245,843 40,052 July 287,251 41,408 August 327,468 40,217 September 367,326 39,858 October 406,988 39,662 November 449,726 42,738 December 490,875 41,149 33,901 $ 33,901-16.42% 35,511 69,412-15.52% 36,798 106,210-14.76% 36,154 142,364-13.95% Office of Mayor 500,000 450,000 400,000 350,000 300,000 250,000 200,000 150,000 ]00,000 50,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC �Cu cnt Year Budget Prior Year *The monthly budget forecast columns are based on a five-year average. O Q lC C r4 LL L 5 C O a N O N �L Q Q N Packet Pg. 55 1 DEPARTMENT EXPENSE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Expenditure Report -Human Resources 2024 Human Resources Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 110,919 $ 110,919 $ 129,960 $ 129,960 17.17% February 206,083 95,165 103,533 233,493 13.30% March 293,020 86,937 100,807 334,300 14.09% April 385,026 92,006 98,181 432,481 12.33% May 477,507 92,481 June 609,764 132,257 July 691,435 81,671 August 781,445 90,009 September 882,461 101,016 October 976,331 93,870 November 1,084,356 108,025 December 1,222,438 138,082 Human Resources I,Juu, V 11200,000 1,1OQ000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300 000 200:000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget Prior Year City of Edmonds, WA Monthly Expenditure Report -Municipal Court 2024 Municipal Court Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 133,120 $ 133,120 $ 136,698 $ 136,698 2.69% February 268,761 135,641 143,646 280,344 4.31% March 408,462 139,701 138,149 418,493 2.46% April 549,323 140,861 140,705 559,198 1.80% May 702,755 153,432 June 841,629 138,874 July 987,720 146,091 August 1,144,145 156,425 September 1,291,990 147,845 October 1,441,979 149,989 November 1,629,476 187,497 December 1,811,176 181,700 Municipal Court 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year � Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 9 Packet Pg. 56 DEPARTMENT EXPENSE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Expenditure Report -Community Services/Economic Development 2024 Community Services/Economic Development Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 70,938 $ 70,938 $ 84,711 $ 84,711 19.42% February 150,629 79,691 85,764 170,475 13.18% March 228,686 78,058 85,735 256,210 12.04% April 308,932 80,246 91,280 347,490 12.48% May 391,061 82,128 June 480,392 89,331 July 570,789 90,397 August 679,369 108,580 September 777,142 97,773 October 877,976 100,834 November 1,007,121 129,145 December 1,162,045 154,924 Community Services/Economic Development 1,400,000 1300,000 1:200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _Current YearBudget �Prior Year City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2024 Non -Departmental Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 926,027 $ 926,027 $ 1,244,387 $ 1,244,387 34.38% February 1,489,596 563,569 221,547 1,465,934 -1.59% March 2,012,000 522,404 285,014 1,750,948 -12.97% April 2,395,260 383,260 211,983 1,962,932 -18.05% May 2,923,480 528,220 June 3,677,256 753,776 July 4,126,291 449,035 August 4,662,507 536,216 September 5,123,698 461,191 October 5,544,111 420,414 November 6,294,725 750,614 December 6,857,495 562,770 8,000,000 6,000,000 4,000,000 21,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC - Current Year -Budget - Prior Year *The monthly budget forecast columns are based on a five-year average. 10 Packet Pg. 57 DEPARTMENT EXPENSE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Expenditure Report - Fund 512 - Technology Rental Fund 2024 Fund 512 - Technology Rental Fund Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 278,067 $ 278,067 $ 450,425 $ 450,425 61.98% February 459,653 181,586 88,246 538,670 17.19% March 687,018 227,364 99,476 638,146 -7.11% April 781,894 94,876 88,852 726,999 -7.02% May 882,974 101,080 June 1,005,318 122,345 July 1,131,059 125,740 August 1,299,834 168,775 September 1,465,789 165,955 October 1,643,179 177,391 November 1,772,621 129,442 December 2,011,076 238,455 Administrative Services Fund 512 - Technology Rental Fund 2,200,000 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget Prior Year City of Edmonds, WA Monthly Expenditure Report -Administrative Services 2024 Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 288,918 $ 288,918 $ 274,596 $ 274,596 -4.96% February 523,687 234,769 208,739 483,335 -7.71% March 733,695 210,008 217,967 701,302 -4.42% April 944,992 211,297 212,849 914,151 -3.26% May 1,157,177 212,186 June 1,442,022 284,845 July 1,684,828 242,805 August 1,896,259 211,431 September 2,116,379 220,121 October 2,344,386 228,007 November 2,598,917 254,531 December 2,825,453 226,536 Administrative Services 80Q 000 60Q000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC �Cutreat Year Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 11 Packet Pg. 58 DEPARTMENT EXPENSE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Expenditure Report -City Attorney 2024 City Attorney Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 96,815 $ 96,815 $ - $ - 0.00% February 193,630 96,815 127,250 127,250 -34.28% March 290,445 96,815 93,007 220,257 -24.17% April 387,260 96,815 108,383 328,640 -15.14% May 484,075 96,815 June 580,890 96,815 July 677,705 96,815 August 774,520 96,815 September 871,335 96,815 October 968,150 96,815 November 1,064,965 96,815 December 1,161,780 96,815 Police City Attorney 1,100,000 1,000,000 900,000 800,000 700,000 600,000 '0000- 500,000 '000- 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget -Prior Year City of Edmonds, WA Monthly Expenditure Report -Police 2024 Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 1,325,644 $ 1,325,644 $ 1,320,779 $ 1,320,779 -0.37% February 2,644,333 1,318,689 1,322,826 2,643,606 -0.03% March 4,027,557 1,383,224 1,252,027 3,895,633 -3.28% April 5,378,981 1,351,424 1,459,657 5,355,290 -0.44% May 6,782,808 1,403,826 June 8,239,937 1,457,130 July 9,689,531 1,449,593 August 11,039,396 1,349,866 September 12,478,176 1,438,780 October 13,942,747 1,464,571 November 15,677,275 1,734,528 December 17,478,540 1,801,265 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 0 Q lC C R LL L C 0 2 N O N �L Q Q 12 Packet Pg. 59 DEPARTMENT EXPENSE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Expenditure Report -Planning & Development 2024 Planning & Development Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 328,959 $ 328,959 $ 269,177 $ 269,177 -18.17% February 671,531 342,572 267,692 536,869 -20.05% March 999,838 328,306 393,779 930,649 -6.92% April 1,348,844 349,006 303,822 1,234,470 -8.48% May 1,692,557 343,714 June 2,024,917 332,360 July 2,387,504 362,587 August 2,727,099 339,594 September 3,071,846 344,748 October 3,418,696 346,849 November 3,799,763 381,067 December 4,251,605 451,842 Parks & Recreation Planning & Development 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 01 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget Prior Year City of Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2024 Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 498,850 $ 498,850 $ 453,277 $ 453,277 -9.14% February 986,757 487,907 470,870 924,147 -6.35% March 1,483,576 496,818 491,227 1,415,374 -4.60% April 1,955,557 471,981 483,624 1,898,998 -2.89% May 2,461,256 505,698 June 2,984,923 523,667 July 3,580,661 595,738 August 4,186,784 606,123 September 4,840,484 653,700 October 5,394,700 554,215 November 5,962,605 567,905 December 6,520,597 557,992 Parks & Recreation 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 13 Packet Pg. 60 DEPARTMENT EXPENSE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Expenditure Report - Fund 016 - Building Maintenance Fund 2024 Fund 016 - Building Maintenance Fund Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 93,773 $ 93,773 $ February 187,546 93,773 March 281,318 93,773 April 375,091 93,773 May 468,864 93,773 June 562,637 93,773 July 656,410 93,773 August 750,182 93,773 September 843,955 93,773 October 937,728 93,773 November 1,031,501 93,773 December 1,125,275 93,773 Facilities Maintenance 138,032 $ 138,032 47.20% 481,478 619,510 230.33% 9,472 628,982 123.58% 2,113 631,095 68.25% Fund 016 -Building Maintenance Fund 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAX JUN JUL AUG SEP OCT NOV DEC �Cunent Year Budget Prior Year City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2024 Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 156,775 $ 156,775 $ 280,811 $ 280,811 79.12% February 389,674 232,899 265,070 545,881 40.09% March 593,572 203,898 223,593 769,473 29.63% April 769,278 175,706 218,971 988,445 28.49% May 948,275 178,997 June 1,082,249 133,974 July 1,241,211 158,962 August 1,449,110 207,898 September 1,701,700 252,590 October 1,994,272 292,572 November 2,251,849 257,577 December 2,638,179 386,330 Facilities Maintenance 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Cutreat Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 14 Packet Pg. 61 1 DEPARTMENT EXPENSE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Expenditure Report -Engineering 2024 Engineering Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 301,531 $ 301,531 $ 283,081 $ 283,081 -6.12% February 604,565 303,034 286,618 569,699 -5.77% March 913,824 309,259 255,452 825,151 -9.70% April 1,223,821 309,997 270,205 1,095,355 -10.50% May 1,553,842 330,021 June 1,868,266 314,424 July 2,185,239 316,973 August 2,491,236 305,997 September 2,797,476 306,240 October 3,102,475 304,999 November 3,439,952 337,477 December 3,777,853 337,901 *The monthly budget forecast columns are based on a five-year average. 15 Packet Pg. 62 1 UTILITY REVENUE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Revenue Summary -Meter Water Sales 2024 Meter Water Sales Cumulative Monthly Budget Forecast Budget Forecast Monthly Actuals YTD Actuals Variance % January $ 907,961 $ 907,961 $ 927,056 $ 927,056 2.10% February 1,542,839 634,878 621,940 1,548,996 0.40% March 2,440,331 897,492 909,697 2,458,693 0.75% April 3,042,049 601,718 621,429 3,080,122 1.25% May 3,934,362 892,313 June 4,637,093 702,731 July 5,733,149 1,096,056 August 6,665,886 932,738 September 7,911,002 1,245,116 October 8,816,518 905,516 November 9,832,625 1,016,107 December 10,472,890 640,265 0 Q lC C R LL L 5 C 0 N O N �L Q Q City of Edmonds, WA Monthly Revenue Summary -Storm Water Sales 2024 Storm Water Sales Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 493,589 $ 493,589 $ 474,260 $ 474,260 -3.92% February 1,573,695 1,080,106 1,031,693 1,505,952 -4.30% March 2,071,892 498,197 474,260 1,980,212 -4.42% April 2,515,478 443,586 422,071 2,402,283 -4.50% May 3,014,352 498,874 June 3,458,035 443,682 July 3,948,598 490,563 August 5,030,812 1,082,214 September 5,530,169 499,357 October 5,974,369 444,200 November 6,473,743 499,375 December 6,901,960 428,217 Storm Rater Sales 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 lee JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year -Budget - Prior Year *The monthly budget forecast columns are based on a five-year average. 16 Packet Pg. 63 UTILITY REVENUE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2024 Unmeter Sewer Sales Cumulative Monthly Monthly TrD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 1,013,537 $ 1,013,537 $ 1,015,482 $ 1,015,482 0.19% February 1,857,511 843,974 844,792 1,860,273 0.15% March 2,866,119 1,008,607 1,013,271 2,873,545 0.26% April 3,710,735 844,616 855,525 3,729,070 0.49% May 4,725,346 1,014,611 June 5,572,110 846,764 July 6,598,121 1,026,011 August 7,448,415 850,294 September 8,502,903 1,054,488 October 9,361,565 858,662 November 10,395,964 1,034,399 December 11,238,143 842,179 Unmeter Sewer Sales 111,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year -Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O CL lC C R C M L C O 2 Iq N O N �L CL Q 17 Packet Pg. 64 I 7.3.a I UTILITY EXPENSE SUMMARY Title CITY O F EDMO NDS EXPENDITURES - UTILTIY- BY FUND IN SUMMARY 2024 Adopted 4/30/2023 4/30/2024 Budget Expenditures Expenditures Amount Remaining % Spent WATER UTILITY FUND $ 13,837,584 $ 2,365,948 $ 2,384,486 $ 11,453,098 17% p STORM UTILITY FUND 9,697,422 1,476,863 1,560,446 8,136,976 CL 16% SEWER/WWTP UTILITY FUND 23,397,507 4,492,987 5,222,885 18,174,622 22% BOND RESERVE FUND 1,988,830 - - 1,988,830 O 0% $ 48,921,343 $ 8,335,797 $ 9,167,817 $ 39,753,526 19% LL t c O N O N .L Q Q 18 Packet Pg. 65 INVESTMENT PORTFOLIO SUMMARY I 7.3.a I Agency/ Investment Issuer Type FM Bonds FNMA Bonds FFCB Bonds FHLB Bonds Spokane County WA Bonds First Financial - Waterfront Center CD FHLMC Bonds Farmer Mac Bonds FHLB Bonds US Treasury Note Note FFCB Bonds Farmer Mac Bonds FHLMC Bonds Farmer Mac Bonds First Financial - ECA CD TOTAL SECURITIES Washington State Local Gov't Investment Pool TOTAL PORTFOLIO City of Edmonds Investment Portfolio Detail As of April 30, 2024 Years Purchase to Par Market Price Maturity Value Value 996,082 0.13 1,000,000 996,570 992,693 0.17 1,000,000 993,630 1,960,906 0.37 2,000,000 1,985,265 950,774 0.55 1,000,000 976,713 207,260 0.59 200,000 196,238 245,000 0.66 245,000 245,000 974,798 0.87 1,000,000 987,312 1,995,088 0.96 2,000,000 1,984,983 969,524 1.24 1,000,000 982,135 964,597 1.29 1,000,000 975,117 1,982,692 1.61 2,000,000 1,968,385 1,994,172 1.76 2,000,000 1,962,420 993,661 2.23 1,115,000 1,013,442 2,057,309 2.55 2,305,000 2,094,418 2,803,516 3.55 2,803,516 2,803,516 20,088,073 1.24 20,668,516 20,165,144 Issuer Diversification First Spokane Financial Farmer CD, 15% County WA, 1% Mac, 31% FFCB, 19% FHLMC, FHLB, t 10% 10% / 39,145,062 39,145,062 $ 59,813,578 $ 59,310,206 Maturity Date 06/17/24 07/02/24 09/ 13/24 11/18/24 12/01 /24 12/27/24 03/13/25 04/17/25 07/28/25 08/15/25 12/08/25 02/02/26 07/22/26 11/17/26 11/15/27 Demand Cash and Investment Balances (in $ Millions) a Note, Bonds, CheckilL $12.3 $1.00, 2% $16.62, 17% � 23% CD's, $3.05 State LGIP, 4% $39.15 , 54% Coupon Rate 2.80% 1.75% 3.50% 0.90% 2.10% 2.47% 3.75% 4.25% 3.60% 3.13% 4.13% 3.95% 0.83% 1.15% 2.96% 5.40% O Q d cC 0 C ca C LL t C O M le N O N •L Q Q 19 Packet Pg. 66 1 I 7.3.a I INVESTMENT PORTFOLIO SUMMARY Annual Interest Income .,L,000,000 $1 683 872 $1,500, 000 $1 236 875 $1,091,709 ;1,000,000 S947,931 $950,684 873 142 $500,000 $- 2019 2020 2021 2022 2023 YTD 2024 20 Packet Pg. 67 7.3.a City of Edmonds 2024 General Fund (001) Cash Flow Report (with ACTUALS) Difference Revenues Jan Actual Feb Actual Mar Actual Apr Actual Mav Forecast 1,131,462 Jun Forecast 76,411 Jul Forecast 35,181 Aug Forecast 76,462 Sep Forecast 248,081 Oct Forecast 5,795,219 Nov Forecast Dec Forecast Total (Forecast) eudaet inc/(dec) Property Tax 21,016 366,893 755,437 6,153,028 1,034,766 55,068 15,749,025 15,905,500 (156,475) Sales Tax 1,061,193 1,158,271 948,328 949,258 111501839 1,076,485 1,160,108 1,220,580 1,141,366 1,180,429 1,221,687 1,106,203 13,374,747 13,459,600 (84,853) Amusements & Utility Tax 513,836 865,277 655,472 567,877 684,900 569,899 607,308 621,376 654,521 388,708 727,016 588,611 7,444,801 7,743,849 (299,048) Excise & Other Taxes - 81,406 - 2,448 83,920 200 - 77,091 213 - 84,940 73 330,291 326,000 4,291 License & Permits 298,154 162,918 68,969 322,066 80,808 67,169 308,068 78,413 59,292 225,430 205,556 64,318 1.941,162 1,993,750 (52,588) Other Governments & Grants 187,239 - 112,069 138,735 129,875 67,239 63,351 872 81,342 41,462 458,016 216,596 1.496,796 1,204,710 292,086 Service Fees 159,253 194,102 1,091,628 239,048 527,058 249,603 181,275 354,401 570,814 220,758 162,921 6IZ426 4.563,288 4,093,512 469,776 Interfund Service Fees' 138,726 507,933 313,147 334,873 584,520 - 318,277 330,866 327,237 333,333 298,814 (3,487,727) (0) 4,027,314 (4,027,314) Fines & Penalties 19,021 29,017 - 91,609 51,621 3,714 116,118 54,167 83,341 65,725 - 157,954 672,287 902,350 (230,063) Miscellaneous 133,900 50,526 61,266 87,751 75,218 86,647 84,311 68,229 69,815 154,656 161,953 91,383 1.125,655 1,009,132 116,523 Disposal of Capital Assets - - - - - - - - - - - - - - - Transfers - 385,274 - - - 5,801 - - - - - - 391,075 391,075 - 2,532,339 3 801 618 4 006 316 8 886 692 4 500 221 2 203 168 2 873 997 2 882 457 3 236 622 8 405 720 4 355 669 595 095 47,6S9124 51 056 792 3 967 668 Salaries 1,868,992 1,860,417 1,848,525 1,975'160 1,930,498 1,954,985 1,867,167 1,863,480 2,025,147 1,961,797 1,967,533 (2,062,689) 19,061,012 23,095,383 (4,034,371) Overtime 116,684 93,279 54,727 76,584 51,175 48,441 56,444 36,785 76,597 50,078 68,399 63,737 792,930 643'080 149,850 Holidav Buvback - - - - - - - 5,385 6,804 - 267,524 5,374 285,087 294,001 (8,914) Benefits 740,340 702,129 684,991 745,469 646,788 647,737 629,138 632,488 656,335 658,633 687,606 703,426 8,135,080 7,868,408 266,672 Uniforms 13,909 8,879 12,072 4,764 11,014 12,098 8,812 1ZO40 10,528 16,952 3,503 12,494 127,065 126,931 134 Pension 2,932 - 5,864 2,932 15,028 18,573 9,024 9,024 9,024 9,024 5,929 5,929 93,282 141.668 (48,386) Supplies 13,474 28,205 36,924 25,194 51,093 59,337 39,905 72,588 85,460 100,520 58,575 58,009 629,284 677.285 (48,001) Small Equipment 1,388 5,978 935 5,873 16,427 33,565 56,870 33,135 1,922 22,233 5,898 24,305 208,530 239.791 (31,261) Professional Services 414,539 504,373 572,676 405,136 768,839 783,131 814,799 1.304,225 821,729 269,288 1,918,227 839,211 9,416,164 10,918.360 (1,502,196) Communications 11,170 8,838 20,583 25,147 29,165 10,264 26,070 17,551 34,598 15,055 1Z 715 31,590 242,746 236.105 6,641 Travel 695 2,208 4,646 1,304 8,965 3,850 4,930 8,506 1,322 5,606 5,631 3,796 51,459 51,187 272 Excise Taxes 2,725 2,136 3,250 2,554 Z074 L000 Z236 Z265 4,526 3,029 1,991 1,737 30,523 30.000 523 Interfund Rent 315,916 322,079 323,652 319,860 315,330 16,713 603,770 334,047 379,679 339,333 346,494 356,295 3,973,168 3,913.541 59,627 Insurance 910,495 - - - - - - - - - - - 910,495 883.686 26,809 Utilities 56,826 45,879 62,960 62,997 66,856 25,149 92,168 41,350 82,425 48,493 59,192 70,584 714,879 663.800 51,079 Repair & Maint 81,539 22,811 34,904 29,285 80,103 5,669 4,183 22,606 11,088 43,536 15,576 12,594 364,894 388.300 (23,406) Miscellaneous 66,908 74,660 42,575 34,243 23,874 18,237 17,989 19,426 47,230 43,393 88,755 19,804 497,085 424.867 72,218 Contingencv - 25,000 - - - - - - - - - - 25,000 25.000 - Transfer - - - - - 537,827 - - - - 62,695 49,478 650,000 650.000 - BuildingfCaoital) 34,040 - - - - - - - - - - - 34,040 - 34,040 Machinery & Equipment (Capital) - - - - - - - - - - - - - - - Constructlon fCanital) - - - - - - - - - - - - - - - Lease - - - 44,224 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 244,224 300.000 (55376) Debt - Principal - - - - - - - - - - - 197,120 197,120 197.120 - Debt - Interest - - 9,562 21,356 - 51,890 - - - - - 61,890 154,698 123,780 30,918 Debt - Other 500 500 500 4,652,570 3,706,872 3,718,847 3,782,082 4,042,229 4,264,466 4,258,505 4,439,881 4,280,414 3,611,970 5,601,243 480,184 46,839,263 51,892,793 (5,053,530) Net Revenue/(Expenditures) 1 (2,120,2311 94,746 1 287,469 1 5,104,610 1 457,992 1 (2,061,298) 11,384.508)(1,557,424)1 11,044.39214.793,750 1 11,245,5741 (1,075,279) 249,861 1 (836,001) 1,085,862 Changes in AR 30,743 30,894 (8,337) 16,329 Changes in AP (256,704) (227,711) 31,069 175,337 Cash Balance 1 (2.511.077)(2.613.147) (2.302,946)1 2,993,329 L 0 Q d .0 C M IL t w+ C CO G N O N �L Q a Packet Pg. 68 7.4 City Council Agenda Item Meeting Date: 05/21/2024 2023 Transportation Benefit District Report Staff Lead: Oscar Antillon Department: Public Works & Utilities Preparer: Royce Napolitino Background/History Pursuant to Ordinance 3707, and codified in Chapter 3.65 of the Edmonds Municipal Code, the City of Edmonds City Council established a transportation benefit district to be known as the Edmonds Transportation Benefit District in November, 2009, with geographical boundaries comprised of the corporate limits of the City of Edmonds at the time the ordinance was adopted or as they may exist after any future annexations. The 2015 State Legislature adopted Second Engrossed Substitute Senate Bill 2ESBB 5987 authorizing the assumption of control over a TBD by a city with the same boundaries as the TBD, which became effective in July, 2015. Pursuant of Ordinance 4053, as codified in Chapter 3.65 of the Edmonds Municipal Code, the City of Edmonds City Council assumed the rights powers, functions, and obligations of the Transportation Benefit District Board in December, 2016, one of which is to produce and deliver an annual report regarding the operations of the District. November, 2019 - Initiative 976 passed by a state wide margin of 53% to 47%, but was rejected by Edmonds voters 56% to 44%. 1-976 could have rolled back car tab fee increases in excess of $30 among other impacts to funding . An immediate injunction allowed for the continuation of collection of licensing fees. Ultimately, the initiative was ruled unconstitutional by Washington State Supreme Court. May 14, 2024 - Parks And Public Works Committee forwards the report to Council Received for Filing and publication to newspaper of record. Staff Recommendation Approve as part of Council's Consent Agenda. Forward for required annual publication with newspaper of record. Receive for Filing by Clerk. Narrative The City of Edmonds must publish the results of its Transportation Benefit District (TBD) operations. The City receives local license fees on vehicles within the jurisdictional limits of the City of Edmonds. These collected funds are expended for street maintenance, preservation, and operation of the street transportation system within the City's boundaries. TBD-funded activities included localized pavement repairs, pothole repairs, signage management, maintenance of pavement markings (buttons, curb paint, etc.), crosswalk maintenance, and traffic signal maintenance and repair. Eligible costs are outlined in Ordinance 4053. Packet Pg. 69 7.4 In 2023, the TBD received $685,029 in revenue from local license fees. These collected funds were expended for street maintenance, preservation, and operation of the street transportation system within the City's boundaries, as outlined in Ordinance 4053. The City expended $685,029 from the State Gas Tax and General Fund resources. The publishing of this report fulfills the requirement within RCW 36.73.160(2), in which, the district shall issue an annual report, indicating the status of transportation improvement costs, transportation improvement expenditures, revenues, and construction schedules, to the public and to newspapers of record in the district. Attachments: 2023 TBD Statement Packet Pg. 70 7.4.a Schedule of Revenues, Expenditures and Changes in Fund Balance Transportation Benefit District January 1, 2023 through December 31, 2023 (Unaudited Cash Basis) Revenues $20 Vehicle Registration Fee 685,029 Total Revenues 685,029 Expenditures Road Maintenance (includes repairs, patching, crack sealing) Labor & Benefits 186,205 Supplies 18,940 Traffic Control Labor & Benefits 253,681 Supplies 118,192 Vehicle Charges 108,012 Excess Transferred to Street Fund - Total Expenditures 685,029 Net Change in Fund Balances - Fund Balances - Beginning - Fund Balances - Ending - (1) An additional $114,809.21 in expenditures were eligible for reimbursement from this funding source, however, due to funding constraints, these expenditures were absorbed by Fund 111-Street Fund. Packet Pg. 71 8.1 City Council Agenda Item Meeting Date: 05/21/2024 Approval of Special Meeting Minutes May 7, 2024 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 2024-05-07 Council Special Minutes Packet Pg. 72 8.1.a EDMONDS CITY COUNCIL SPECIAL MEETING MINUTES DRAFT MINUTES May 7, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Neil Tibbott, Councilmember Will Chen, Councilmember Susan Paine, Councilmember Michelle Dotsch, Councilmember Chris Eck, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER STAFF PRESENT Susan McLaughlin, Planning & Dev. Dir. Scott Passey, City Clerk The special Edmonds City Council meeting was called to order at 5:34 p.m. by Mayor Rosen in the Brackett Room, 121 5'a' Avenue North, Edmonds, and virtually. 2. COUNCIL BUSINESS OVERVIEW OF EXISTING COMPREHENSIVE PLAN Planning & Development Director Susan McLaughlin explained the intent of this agenda item was a roundtable discussion about the existing comprehensive plan. It was suggested before the council dives into the changes, staff respond to questions regarding the existing comprehensive plan, key issues, etc. Ms. McLaughlin reviewed: What is a comprehensive plan o Outlines a long-term vision and provides direction for future growth and development over the next 20 years o How and where our city will grow, reflecting the needs of residents and businesses o What kinds of housing and jobs will be available o How to invest in parks, transportation, public infrastructure, and social services o How to meaningfully serve a diverse and growing community o How to protect Edmonds natural features o How do we manage sustainable growth o Period updates process (mandatory) — required once every eight years. Set to change to every 10 years after the current cycle COUNTWIDE PLANNING POLICIES LOCAL COMPREHENSIVE PLANS PSRC Vision 2050 Edmonds City Council Draft Minutes May 7, 2024 Page 1 Packet Pg. 73 8.1.a Comprehensive Plan Elements (Chapters) o The comprehensive plan must comply with: ■ Growth Management Act (GMA) ■ Puget Sound Regional Council (PSRC) Vision 2050 ■ Snohomish County Countywide Planning Policies (CPPs) ■ Shoreline Management Act o The comprehensive plan will inform: ■ Zoning, subdivision and other development regulations ■ Decision making and future policy development suRARULREAFa __ PROS Pbn ----- � +crc Pc.'RFAT`AtiR I (OMM MITY & CULTURE URBAN DEWN CUMATE R SUSTARIOUTY UnUTIES CAPITAL FAOUTIES TRANSPORTATION I E(O710MT I I_ wn LASE a.MUSING IIITRODUCTION FUTURE LAND USE MAP WTOM CONSWENCY Existing Comprehensive plan (Last major update was 2015) o Purpose statement on page 1: ■ To provide a framework for moving the Edmonds community toward a sustainable future that integrates and responds to environmental, economic, and social needs in a way which "meets the needs of the present without compromising the ability of future generations to meet their own needs." ■ To promote the public health, safety and welfare consistent with the values of the community. ■ To serve as the basis for municipal policy on land use and development and to provide guiding principles and objectives for the development of regulations and programs that support sustainable development within the city while seeking to conserve, protect, and enhance the community's assets and natural resources. ■ To anticipate and influence the orderly and coordinated development of land and building use of the city and its environs, and conserve and restore natural beauty and other natural resources ■ To encourage coordinated development and discourage piecemeal, spot, or strip zoning and inharmonious subdividing. ■ To facilitate adequate provisions for public services such as transportation, police and fire protection, water supply, sewage treatment, and parks ■ To facilitate the provision of sustainable public services consistent with the community's values and needs Early planning o Gap analysis ■ Highlights the strengths of previous outreach and identifies opportunities for improvement ■ Equitable Climate Change Adaptation ■ Equitable Climate Change Mitigation ■ Promoting Equity in the Economy ■ Supporting Equitable Engagement o Waterfront Study ■ Identifies strategic updates ■ High-level recommendations Edmonds City Council Draft Minutes May 7, 2024 Page 2 Packet Pg. 74 8.1.a Update to reflect waterfront uses needs and issues What's new for 2044 o Update will be an opportunity to: ■ Reduce redundancies ■ Format for better legibility ■ Eliminate out-of-date policies ■ Align with recent documents (Equitable Engagement Framework, Climate Action Plan, etc.) ■ Broaden "tent" to ensure the Plan represents Everyone's Edmonds o Key Focus Areas ■ Housing policies to support affordability and housing types to meet varied needs ■ Policies to address displacement risk of small businesses and residential development ■ Policies and actions that advance equity throughout the community ■ Climate Action Planning — greenhouse gas emissions and adaptation ■ Transportation policies to support multimodal networks • What's new for 2044 o Recent GMA amendments requiring local code amendments ■ HB 1220 (2021): Affordable to all income levels and for a variety of housing types ■ HB 1110 (2023): Allow certain minimum densities for middle housing ■ HB 1337 (2023): Allow two accessory dwelling units (ADUs) per lot where applicable ■ HB 1181 (2023): Climate goal and climate change element by 2029 o Vision: "Edmonds is a charming and welcoming city offering outstanding quality of life for all with vibrant and diverse neighborhoods, safe streets, parks, and a thriving arts scene in a way to promote healthy lifestyles, climate resiliency, and access to the natural beauty of our community." _9W VISION STATEMENT qOPF Ok WE SW 04w.Mra.N4?Vu�P le Vl.. dam 14 /.RiR�7M:nYiiMt741.WNf W P9lR.(/r1ia104 • raw:Kt`n slr'1Ma'Ibwy Wf7�t4RMCr4'w;WPO aw tlQR wrrlgCAOAW MA1! \\ r all ��' EMAIN. yr10 YW 66 s ,�+t� j�' 1NF urr. wr iN 1°'wa 7w are �''� ��'V�, N �• Ia ht14+ Ki6a � 1 11l Ale CIO* r.O*Y �t � � • w� in � i l/` P .1.F inR �� • W r( .J7( VY.. CI_� stFu� w�ur,rww NrarryonwBul6� 1AgSYS�3KDMGAt6 riMo1W40K1eE.Krrw: K�ASIJa:ry:iasfayuws bVYR.TWSt� riw Councilmember Dotsch asked for a copy of the slides. Councilmember Tibbott said lot has changed with regard to Edmonds' projections in 2035 such as population, housing, etc.; the existing comprehensive plan is almost unrecognizable compared to the 2035 projections. He asked how the planning department brings through two thoughts together. Ms. McLauglin agreed things have changed since last projection. For example in the housing element in the existing comprehensive plan, the rents are out of line with current rents; for example, a 5-bedroom house rented for $2200/month. Housing demand has changed, housing supply has not changed as much. The comprehensive plan update reflects not only the growth projections but also HB 1220 and HB 1110 which require the City to think differently about affordability, housing choices, and housing typologies. While the City is in a period of anticipated growth, it is unknown whether that growth will be realized, there have been years with a lot of growth in the past. All cities have surges and quite periods of population. Councilmember Tibbott commented incomes have also changed and he wondered if the City had had a similar increase in revenues. He asked how the difference in incomes and revenues were incorporated into the comprehensive plan. Ms. McLaughlin asked if Councilmember Tibbott was referring to individual Edmonds City Council Draft Minutes May 7, 2024 Page 3 Packet Pg. 75 income or revenue to city. Councilmember Tibbott said he was interested in the connection between those. Ms. McLaughlin said property tax revenue increases have been very modest. Councilmember Paine commented the City's revenue does not change unless something drastic is done with comprehensive plan particularly with regard to the economic element. The existing goals and targets in the economic element haven't changed that much compared to this update. Ms. McLaughlin said there is an opportunity to connect dots in a different way than before. Via this update there is a way to leverage individual elements for the best outcomes. The hubs and centers concept, which the Economic Development Commission (EDC) is excited about, and integrating that element into the overall growth strategy that can perhaps address some additional revenue. Councilmember Paine suggested outreach also include engaging with businesses. Edmonds does not have big format businesses other than giant car dealerships and everything else is locally owned, small businesses. Councilmember Eck commented on the need to diversify so the City is not relying on the car dealerships, although she recognized the importance of the revenue they provide especially during the recent lull in house sales. Council President Olson referred to page 8 where it address the economy in terms of the overall strategy in the region, "livable arts oriented community." She suggested that wasn't enough and what is written likely does not reflect what will be in the economic development element. She has heard more than one person bring up the idea of biotech. With the significant healthcare corridor in Edmonds, that is an opportunity that could be realized if it were aggressively pursued. Councilmember Paine commented auto sales could have a smaller footprint. For example Sandberg Volvo has a relatively small footprint, but they will bring in any car a person wants. Car lots don't have to occupy acres of land. Councilmember Dotsch agreed with the comments about diversifying Highway 99 and referred to a conversation she had about downtown and bus times and what was done to revitalize it. There are opportunities on Highway 99 that have not been uncovered as far as the ability to create diverse revenues and provide goods and services for citizens in the area. She agreed there were opportunities to revitalize the area near the hospital to bring jobs and revenue to the area. As the economics are revitalized, other businesses are attracted to the area. Councilmember Nand commented the existing comprehensive plan is a very comprehensive document, a total of 341 pages. She referred to land use and page 62 where it addresses the Highway 99 goals and policies and suggested the update include more emphasis on the types of industries and small businesses. The Edmonds bowl is well represented by the Creative District and throughout Edmonds, Highway 99, the various neighborhood districts, and the historic downtown are well known for its restaurants. The viability of small businesses have been strained by issues from globalization to public safety. She wondered what the City could do to foster a successful business environment. When she talks to small business owners in the downtown business district, she often hears they relocated to Edmonds due to the strong perception of public safety versus locations in Seattle where their customers and employees did not feel safe. That perception of public safety does not extend to the Highway 99 community where she often talks to small business owners, employees, and customers whose negative interactions are deterring them from coming to that business community. Councilmember Nand continued, it is the government's job to create a positive businesses environment. She suggested more emphasis on the types of businesses, especially small businesses, that are successfully fostered in Edmonds. In addition to public safety, walkability is an issue on Highway 99; it is not a great strolling environment, but there are things that could be done such as landscaping, etc. to create a safer and more attractive pedestrian experience with public art, trash cans, benches, etc. While doing interviews and public outreach to the various stakeholders, she suggested having a dedicated session with small business Edmonds City Council Draft Minutes May 7, 2024 Page 4 Packet Pg. 76 8.1.a owners, customers, etc. of each neighborhood commercial area, especially the Highway 99 subarea, about what the City could do to increase the viability of their business environment. That will benefit the tax base, residents and increase the vibrancy of main streets. Council President Olson said the council was asked to look through the lens of what resonated and what did not. She referred to Purpose #5 on page 1, inharmonious subdividing, commenting that resonated with her due to her concern with DADUs becoming condominiums which would be more likely to have fences. She asked what could be done to uphold this purpose, avoiding inharmonious subdividing in light of the zoning changes being incorporated into the comprehensive plan update. There is also a lot of multifamily being added because that is an allowed category to meet the state's mandate related to different income levels. With the creation of hubs around business districts that were previously more single family and adding more density, consideration needs to be given to how that density and multifamily is developed in a way that will integrate. She recalled one of the requested multifamily design standards was to have more green space such as garden apartments like are seen in the mid -west. Council President Olson referred to GMA page 3, where it mentions Gem of the Puget Sound, recalling when the vision statement was developed some people thought that language was outdated or passe, but she believed it was something that set Edmonds apart from other cities in the area and something that should be embraced and upheld. She referred to A.2, develop and maintain sufficient resources to ensure established levels of community services and wondered if that still applies. Edmonds has been spoiled with a high level of service, but in looking at the budget situation, there will need to be a lot more revenue identified. The City cannot just rely on taxes, there needs to be consideration related to economic drivers to bring in more revenue. She concluded that statement may not be realistic without some real changes. Council President Olson commented on the challenge of meeting Goal A.4 on page 3, develop properties in accordance with protections of light, privacy, public views, freedom from air, water and noise pollution. This needs to be prioritized as the City's quality of life depends on it, but it will be challenging to achieve the mandatory density. She did not want to omit that goal, but recognized it may require being creative to deliver on it. Councilmember Eck wonder if it was worth calling out climate action planning. She has been thinking about the amount of concrete on Highway 99, temperatures 10 degrees hotter than at the waterfront, and the risk of flooding in the bowl. She wondered it was worth highlight things for which it was important to make provisions for. Taking climate action is important but some areas are more at risk than others. Ms. McLaughlin responded the gap analysis focused on climate and equity so this came up a lot, environmental injustice. Some of the areas of the City with the highest density are areas with the least amount of tree canopy, the most noise, the most air pollution impacts, etc. In talking with affordable housing developers, it is becoming a challenge with older buildings not having air conditioning. Affordable housing providers get subsidized energy so there is not a lot of incentive to provide AC. Climate adaptation as it relates to inequity is very important. Councilmember Eck commented the only other short term solution is cooling centers. Ms. McLaughlin answered that could be a capital project and/or a shared responsibility. Councilmember Paine commented it is in the climate action plan implementation matrix. Councilmember Chen expressed appreciation for the important issues raised for the next comprehensive plan update. Something that has been mentioned before, but was not incorporated into the planning update is plans to relocate city hall including police and public safety to a more centralized location perhaps Highway 99 for the police department. The perceptions of safety in the Highway 99 area is not the same as the rest of the city. He suggested formally incorporating that planning into the comprehensive plan update instead of just talking about it. Councilmember Nand commented it was great to emphasizing hubs in correlation with neighborhood commercial because that builds in a great constituency to support small businesses. One of the reasons young families are interested in relocating to Edmonds is the quality of the school district. As young families Edmonds City Council Draft Minutes May 7, 2024 Page 5 Packet Pg. 77 are trying to figure out how they can afford to move to Edmonds and raise their children in Edmonds, they are also looking at hubs and walkability to school campuses which helps foster healthy habits for children. Elementary schools have playgrounds; residents in multifamily developments who do not have green space could walk to a school. She suggested emphasizing proximity to school campuses, especially elementary schools. Ms. McLaughlin answered in a recent meeting with the transportation element consulting team, she mentioned the importance of incorporating the PROS Plan recommended connection to parks and schools. Sometimes it's hard to prioritize capital investments on smaller streets, but it is important to make connections.. Councilmember Paine referred to new requirements in the transportation element to address multimodal planning, pointing out Highway 99 has multimodal transportation. The City does not have a comprehensive ADA transition plan; the City's plan expired so the City is unable to obtain federal funds for those improvements. When doing transportation planning, she wanted to ensure there was attention given to connections to schools and parks, sidewalks for people of all abilities and people using wheels which includes strollers, wheelchairs, bikes, etc. She wanted to ensure the comprehensive plan included as much ADA detail so the City's ADA plan could be updated at some point and gain access to those federal funds. Councilmember Paine continued, there are no Edmonds School District schools on the east side of Highway 99; the closest school to Highway 99 is Edmonds-Woodway High School. All the schools are nestled into neighborhood so Safe Routes to Schools grants, federal funds typically applied for by Public Works, will not be enough to "spread the peanut butter all the way around." If there was a grant program for safe routes to parks, that would be a better way. To Councilmember Chen's comment, she agreed the council needs to talk about the location of City's facility infrastructure. There has been a lot of feedback from the community about the Landmark property, but the City should have a bigger, broader visioning process for all its municipal facilities, maybe not this year, maybe in two years. For example, it's not a great idea to have the waste water treatment plant in the submersion zone. Councilmember Dotsch asked how the portion of the VIA contract regarding the Highway 99 Subarea is being incorporated. Ms. McLaughlin answered Highway 99 will have neighborhood meetings and with the repeal of Ordinance 4079 which repealed the planned action, Highway 99 is treated as other neighborhood and it will get the same level of attention. Councilmember Dotsch recalled the VIA contract included several extra things for Highway 99 and asked if that was no longer happening. Ms. McLaughlin agreed that was included. With regard to public facilities and services on page 6, Council President Olson reminded wherever growth is sited, there is a responsibility to respond with public facilities and amenities. As the City is in the process of determining where growth will go, that is a good thing to keep in mind during the comprehensive plan process. She reiterated her support for the bookends the council ended up adopting; she noticed on pages 7-8 there is a lot of content to support the bookends and the approach that was chosen. Councilmember Chen referred to the housing commission's work. Although he likes the hubs and center concept, the housing commission's recommendation, based on about 1'/2 years of work, included 15 recommendations and a lot of the current housing policy was captured in those recommendations. He noted the housing commission's work is no longer on the City's website. Ms. McLaughlin said the City paid for a separate webpage for the housing commission's work which is expiring so the content needs to be transferred onto the City's website. The housing element, which will be presented to the planning board at their meeting tomorrow, includes discussion of the housing commission's recommendations and many of the relevant recommendations were captured. The concept of housing centers aligns with the housing commission's recommendation. Councilmember Chen recalled recommendation #1 was missing middle housing in single family and recommendation #6 was related to DADUs, issues state legislation is addressing. Recommendation #13 Edmonds City Council Draft Minutes May 7, 2024 Page 6 Packet Pg. 78 8.1.a was multifamily design standards. As Council President Olson mentioned, standards will be important to ensure hubs and centers develop in a way that they merge into the surrounding area. Councilmember Nand commented the administration does a good job in preparing documents with aspirational language citing an identified goal or standard and projects the administration is pursuing. She hoped in 2025, once the comprehensive plan is done, that there is an effort to look at what the community said they want and use that to plan the 2025 and beyond legislative calendar such as pursuing certain federal grant funds, partnerships with regional partners to address housing affordability, etc. She noted the importance of converting the aspirational language to action to show the community the council was listening to their input. Councilmember Tibbott observed the median income in the current comprehensive plan was $67,000/year and in 2023, the median income is $110,000. He wondered if the City's revenues had doubled in that time. He brought that up because many of the changes that are being incorporated are the result of higher incomes in the region and particularly in Edmonds. There is reference to downtown/waterfront, and suggested separating those in the next comprehensive plan as there is a lot of planning on the horizon related to the Port and the waterfront and it is likely there will be exciting things happening on the waterfront in next 10- 20 years. Council President Olson referred to goal A.4 on page 4 related to light, privacy, public views, etc., suggesting that be thought about in the context of specific codes and projects, and not just a concept on a shelf. DADUs, changing setbacks and green incentives will definitely impact those things. With regard to multifamily design standards, she asked if the Architectural Design Board (ADB) was working on those. Ms. McLaughlin answered the ADB is looking at another house bill that requires clear and objective design standards. The notion of incorporating new housing typologies into the comprehensive plan, understanding what those typologies are and adapting the existing code to have clear and objective design standards, it didn't make sense to start working on multifamily design standards amidst all of that. Staff is waiting to complete the comprehensive plan, housing typologies, and the requirement for clear and objective design standards before developing multifamily design standards that will have to be clear and objective. With regard to sidewalks and infrastructure, Council President Olson commented that will never be realized if the City waits until they can afford it. She suggested a public -private partnership where the City makes it easy for homeowners to have sidewalks projects constructed a street at a time. Councilmember Paine referred to local improvement districts. Ms. McLaughlin explained there are different funding mechanisms to expand the City's sidewalk network. It is the City's responsibility to provide a sidewalks network, it is the property owners' responsibility to maintain the sidewalk on their frontage. Council President Olson said she was unsure that was correct according to City Attorney Jeff Taraday. Ms. McLaughlin said it is the City's responsibility to provide a sidewalk network, maintenance is not the City's responsibility. It isn't possible to provide sidewalks on every street, which is why the investment network and sidewalk map in the transportation element will be prioritized. Councilmember Paine recalled Chris Collier, Housing Authority of Snohomish County, did a lot of research regarding income levels in the community and what it takes to buy a house. That data would provide some specificity about housing affordability which has changed a lot in recent years. She recalled in 2008 the City pushed hard for shop local, purchasing items locally instead of ordering online. Councilmember Dotsch referred to the sidewalk map, pointing out many sidewalks are not contiguous, passable or ADA accessible. She sited some areas where the sidewalks are in poor condition. Ms. McLaughlin answered walking every segment of the sidewalk would take a huge amount of resources. When she worked for the City of Seattle, an army of interns covered the entire network of sidewalks in the city one summer to develop a sidewalk inventory to inform their maintenance program. Edmonds doesn't have a sidewalk maintenance program. Mayor Rosen advised the City has 130 miles of road to maintain and 1,700 ADA ramps that need to be constructed. Edmonds City Council Draft Minutes May 7, 2024 Page 7 Packet Pg. 79 8.1.a Councilmember Nand commented there are projects for 700 feet of sidewalk that cost $1 million, but a traffic table can cost $50,000. There are streets off the Highway 99 corridor with no sidewalks but multiple traffic tables that slow traffic and make drivers more cognizant of pedestrians, particularly along the Interurban Trail. When talking about ADA accessibility, dips for driveways are difficult to navigate. There are other ways to improve traffic safety and promote walkability such as bollards, turtles, posts, etc. She referred to the update regarding Landmark at today's regular meeting, recognizing the City could not purchase every available parcel, but master planning can design new roads and commercial opportunities while minimizing displacement and negative impacts to the surrounding neighborhoods. Ms. McLaughlin advised staff will present the housing element to the planning board at their meeting tomorrow night. Citywide forums focused on six comprehensive plan elements will be held on Tuesday, May 28 and Thursday, May 30 from 4:30 to 7:30 pm at Edmonds-Woodway High School. Councilmember Dotsch asked whether public input will be gathered at those meetings. Ms. McLaughlin answered in an effort to get more quantifiable information, attendees will be asked to participate in exercises. Recognizing one of the dates was a Tuesday, Council President Olson suggested councilmembers could attend prior to the council meeting. Ms. McLaughlin advised the press release includes the time each element will be presented; one hour will be spent on each element over the two meetings. 6. ADJOURNMENT With no further business, the special council meeting was adjourned at 6:28 p.m. Edmonds City Council Draft Minutes May 7, 2024 Page 8 Packet Pg. 80 8.2 City Council Agenda Item Meeting Date: 05/21/2024 Approval of Council Minutes May 7, 2024 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 2024-05-07 Council Minutes Packet Pg. 81 8.2.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES May 7, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Michelle Bennett, Police Chief Loi Dawkins, Assistant Police Chief Dave Machado, Police Commander Susan McLaughlin, Planning & Dev. Dir. Todd Tatum, Comm., Culture & Econ. Dev. Dir Mike De Lilla, Senior Utilities Engineer Mike Clugston, Senior Planner Angela Tinker, City Attorney's Office Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 6:59 pm by Mayor Rosen in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Chen read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. PRESENTATION 1. NATIONAL POLICE WEEK PROCLAMATION Mayor Rosen read a proclamation formally designating May 9-18, 2024 as Police Week in Edmonds and publicly saluting the service of law enforcement officers in our community and in communities across the nation. Police Chief Michelle Bennett accepted the proclamation on behalf of the Edmonds Police Department. She introduced Assistant Police Chief Lio Dawkins and Commander Dave Machado. She thanked the council, mayor and the Edmonds community for their support of law enforcement, commenting it is not Edmonds City Council Draft Minutes May 7, 2024 Page 1 Packet Pg. 82 8.2.a always the easiest job, it is a chosen profession and a profession of service that many officers signed onto many years ago. 5. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. Council President Olson requested Item 10.3, Ordinance to Adopt Critical Aquifer Recharge Area (CARA) Code (AMD2023-0004), be removed from the agenda because it is already on table. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Lora Petso, Edmonds, President of the Board of Commissioners, Olympic View Water & Sewer District, explained OVWSD's general manager is unavailable tonight but sent an email to council detailing his request. When a question arose this afternoon, he asked her to share with council that it was his understanding the city had already agreed to remove Section D general requirements (council packet page 168). Apparently the Department of Health comments on the CARA acknowledge the problem with any mitigation other than avoidance is the implication that some degree of degradation to the aquifer is acceptable when in fact even a limited degree of harm to an aquifer could result in lost potability. This is essentially the anti -degradation policy referred to in the fourth paragraph of the resolution adopted by OVWSD Board of Commissioners last night. The Board unanimously adopted a resolution to be sent to all local jurisdictions with land use authority over the CARAs; the Board authorized her to share a couple parts of that resolution in her comments tonight. The first quotes a section of state law as follows: "Potable water is an essential life sustaining element for people and many other species. Much of Washington's drinking water comes from groundwater. Once groundwater is contaminated, it is difficult, costly and sometimes impossible to clean up. Preventing contamination is necessary to avoid exorbitant costs, hardships and potential physical harm to people and ecosystems." She shared another section of the resolution, the Board's request that jurisdictions protect both CARAs from new stormwater infiltration facilities, particularly UICs, that OVWSD be promptly notified of proposed projects and land use activities within the CARAs and that councils publicly commit to reviewing and updating CARA protections based on new information as it becomes available. That does not mean once every eight years during the comprehensive plan or CARA ordinance scheduled update; it means if OVWSD brings something to the city, they want to work with the city on it. 7. RECEIVED FOR FILING 1. WRITTEN PUBLIC COMMENTS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF SPECIAL MEETING MINUTES APRIL 16, 2024 2. APPROVAL OF COUNCIL MINUTES APRIL 16, 2024 3. APPROVAL OF SPECIAL MEETING MINUTES APRIL 18, 2024 4. APPROVAL OF COUNCIL MINUTES APRIL 23, 2024 5. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 6. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS Edmonds City Council Draft Minutes May 7, 2024 Page 2 Packet Pg. 83 8.2.a 9. PUBLIC HEARING OPTIONS FOR CITY OF EDMONDS FIRE/EMS SERVICES Mayor Rosen opened the public hearing. Steve Francis, Edmonds, commented he and his wife have lived in Edmonds off and on for the past 48 years and every time they've left, they couldn't wait to get back to Edmonds which is home for them. In 1979 he was hired by Snohomish County Fire District 1 as a firefighters and assigned to Station 4, now Station 20, for the first 11 years of his career. Over the decades, there have been many successful annexations, mergers, consolidations, etc. to bring the department to this point. When he started work, there were 39 online firefighters manning 4 stations; there are now 15 stations with nearly 400 personnel. It was his understanding the City of Edmonds has four options related to fire and EMS service, 1) join the regional fire authority (RFA), 2) restart its own department, 3) contract elsewhere for service, or have a fire department only and contract for EMS. Joining the RFA seems to be the most cost effective and logically sound option. Everything is already in place and he could confidently say Edmonds is already being protected by some of the most amazing, talented, caring and highly trained women and men he knows, all of whom have the gift of service to others which is one of the reasons he stayed on as a chaplain with Support 7. As a citizen of this great city, he encouraged the council to move forward and choose to join the RFA and complete the piece that is missing. Pat Hepler, Edmonds, a longtime resident of Edmonds, started with the Edmonds Fire Department in 1979 and had the opportunity to service the citizens of Edmonds and southwest Snohomish County for 38 years, retiring as a battalion chief. He appreciated the council's attention to this matter and recognizing its seriousness, as well as the amazing opportunity to join the RFA that is already in place and serving south Snohomish County very effectively. The RFA is the safest, most efficient and most cost effective way to run EMS and fire service in south Snohomish County and the City of Edmonds. The RFA is proven to work under one fire chief and administration; as members of the RFA, the City of Edmonds would have direct representation on the RFA Board and input in all decisions. He expressed support for the City joining the RFA. Pat Moore, Stanwood, union president for South County Firefighters that represents the 400 firefighters proudly serving south Snohomish County and the City of Edmonds. He's worked at Stations 16 and 17 over the years and union members are proud to serve the Edmonds community and want to continue serving the residents of Edmonds. The council did a good job commissioning a study to look at all options for fire service and showed the best option moving forward which SCF would like to continue on a permanent basis. He has family that lives in Edmonds and they support joining the RFA. Once the city joins the RFA, they have representation on the Board and City actually has more representation as they are allowed to vote and determine the level of service, funding measures, etc., whereas now residents rely on the city council to make those decisions. Zach Cash, Lake Stevens, a member of the executive board of the union representing the 400 firefighters in South County Fire, said serving at one of the Edmonds stations during his career he has visited many locations in Edmonds, but one place he hasn't been is council chambers. He commended council for seriously considering the options and doing the necessary work to ensure citizens have the best fire and EMS protection available. Over the years, it has been his pleasure to work at Station 16 and if firefighters were categorized by their length of service, he would be categorized as an Edmonds firefighters because he has spent about half his career in the City of Edmonds. He was proud to be part of the community. Originally from out of state, he had no idea what an Edmonds Kind of Day meant until he worked in Edmonds; working in Edmonds, he understands how special the city is. The city is special to the council, mayor, citizens and the members who work in Edmonds to protect citizens and visitors. He thanked the council for the work Edmonds City Council Draft Minutes May 7, 2024 Page 3 Packet Pg. 84 8.2.a they have done and to consider annexation to the RFA as the most cost effective and most serious option for the city going forward for the benefit of Edmonds citizens. Doug Loeser, Shoreline, union president, Shoreline Local 1760, spoke in favor of the City of Edmonds working with South County RFA. His wife spends a lot of time in Edmonds and they have a business at the Edmonds waterfront so they are also invested in the fire service provided to Edmonds. Shoreline Fire is one of the options the city is considering; however, South County RFA has provided good service to Edmonds and he recommended the city continue working with the RFA. Jay Grant, Edmonds, Port of Edmonds Commissioner, thanked the city for acknowledging police week. He has worked in law enforcement for the last 14 years, working with aviation and maritime and recognized it was a tough job. He expressed his appreciation for the Edmonds Police Department. With regard to fire service, he suggested the city has two options, 1) restarting its own fire department, or 2) joining the RFA. He did not think eliminating a fire station was a reasonable alternative. In his opinion, it comes down to money, whether it costs $20-21 million for the city to operate its own fire department or $21 million to be part of the RFA, there will effectively be a new cost. Regardless of the option selected, if the city forms its own fire department, there likely will need to be a bond issue to provide funding. With the other option, the RFA, individual property owners pay for fire service. In addition to cost, it comes down to how citizens will be represented, whether by commissioner elected by the district or by city council. He hoped what didn't get lost was the real dollars and cents versus protection. The city currently receives great protection from the RFA and he assumed if the city formed its own department, the protection would be the same. He urged the council to lay out the facts to citizens so they understand the decision. Ron Wambolt, Edmonds, relayed in November 2009, after five months of consideration, numerous public hearings and very strong support from the firefighters union, the city council voted 6-1 to approve a contract for fire service with Fire District 1, now known as South County Fire. He was a councilmember at that time and voted with the majority. The sole reason for the action was to reduce fire service costs for Edmonds. During the past 15 years this objective has consistently been achieved as the annual savings often amounted to more than $1 million. Unfortunately those savings became more than SCF could endure and they notified the city in accordance with the contract that they were terminating the contract in two years, not an unreasonable thing for them to do as their revenue for the contract since its inception grew by a compound annual growth rate of less than 3%, less than inflation they experienced. Edmonds should not be the remedy for this situation. Being part of a RFA was deemed not to be a good move for Edmonds 15 years ago and he believed that continues to be the situation today. Mr. Wambolt continued, Edmonds' relatively high property values cause that not to be a good financial decision. The 2024 tax rate for each of the 4 cities now part of SCF is $1.17 per $1,000 of assessed value. The average value of Edmonds homes is higher than any city in Snohomish County, except for the Town of Woodway. The average Edmonds home value is 21.9% more than the average for the 4 cities — Brier, Lynnwood, Mill Creek and Mountlake Terrace. That means that the average Edmonds homeowner would pay 21.9% more in taxes to SCF than the average for the 4 current cities. In fact, it would be 50% more than Mountlake Terrace and 46% more than Lynnwood. A new tax of more than $1,000 for the average Edmonds residence — $18M in total for Edmonds property owners. He recommended re-establishing an Edmonds Fire Department. The personnel now devoted to Edmonds should become employees of Edmonds and the city should be able to purchase from SCF the fire equipment used in Edmonds. At the beginning of the contract the city's personnel and equipment went to FD1, so it seems reasonable that we should be able to now do the reverse of that. In 2009 city council made a decision late in the negotiations to retain the fire stations which is now being reaffirmed as having been a wise decision. Re-establishing the city's own fire department may require increased expenses, and possibly a vote for higher property taxes, but that's preferable to not having full control of such a major expense and the $1.17 SCF levy. Edmonds City Council Draft Minutes May 7, 2024 Page 4 Packet Pg. 85 8.2.a Bill Krepick, Woodway, described his background, a CEO of a software company with 700 employees and listed on Nasdaq. His approach to this situation is from a business point of view, he is not a politician or a firefighters and respects all the first responders. Looking at the alternatives the city is considering, there are implications for taxpayers. He could not understand how any well run organization could have a 50% increase in the cost of their service over the last four years and say there will be another 50% increase in two years. The council has 1 %2 years to make a decision and he hoped the council would take the time to analyze what is going on with the regional fire departments. He opined all the regional fire departments, not just SCF, are out way out of control. The state set up the RFA model but did not set up good operating regulations, guardrails or financial reporting standards. As a result regional fire districts across the state are ripping off taxpayers. They are all well intentioned and part of the community, but the costs and acceleration has been beyond the population growth and cost of living and something has to be done. It will be his mission to get the state to revise their rules and guidelines for regional fire departments as they are out of control and it is time to reform them. He has provided the council ideas about how they can participate in that effort. He expressing willingness to work with the council and the state to reform the situation. Jim Ogonowski, Edmonds, acknowledged first responders, both police and fire, who do a tremendous job for the community. With regard to the RFA, he questioned the timing of the public hearing tonight when there hasn't been any discussion by council following the Fitch report and the meeting with the SCF commissioners. He did not find the Fitch report very robust as it did not lay out the alternatives or do a fair financial analysis. Fitch used the RFA's input related to tax levy rates versus recalculating based on Edmonds participation. If Edmonds joins the RFA, it will dramatically alter the assessed value of the RFA and the levy rates themselves which was not addressed in the Fitch report. He referred to the benefit charge, a new, different type of revenue mechanism compared to the levy calculation and wondered how the benefit charge fit in, particularly with the range from 0-60% of revenue collected could be via the benefit charge. He questioned how that was determined and how it affected citizens and taxpayers. He found the lack of voting representation on the board, particularly in the early years, problematic. He had similar concerns to Mr. Krepick regarding cost control measures. He questioned whether the existing fire stations would be sold or given to SCF and how that was addressed in the calculation. He asked whether the taxes currently collected by the General Fund and used to fund fire and EMS services would be redistributed to taxpayers if the voters approved joining the RFA. Corbitt Loch, Edmonds, commented he was involved with the formation of the RFA with the City of Lynnwood and SCF and it seems to be the clear, best choice of the options available to the City of Edmonds. The cost of services, the cost per service call, and the number of calls are increasing, yet property tax increases are limited to 1%. An unintended consequence of the approval of a 1% property tax increase means fire service delivery at the municipal level is pretty much unaffordable and therefore ways to make it more affordable have to be found such as economies of scale. He supports Edmonds joining the SCF RFA, commenting the fire benefit charge will better allocate costs for fire service based on land use rather than property assessed value. Based on what happened in Lynnwood, property taxes and the fire levy will not go down and will continue to increase. He suggested the analysis consider decades rather than annual which shows a more accurate picture. With no further public testimony, Mayor Rosen closed the public hearing. 10. COUNCIL BUSINESS 1. CONSENT TO HOLDOVER TENANCY GRANTING A HOLDOVER TENANCY TO T- MOBILE WEST TOWER, LLC Angela Tinker, City Attorney's Office, explained this agenda item is a request for council to authorize the mayor to consent in writing to a holdover tenancy with two of the tenants at Five Corners water tank site. In 1997 the City entered into a lease with Voicestream; amended in 2004, that authorized Voicestream to Edmonds City Council Draft Minutes May 7, 2024 Page 5 Packet Pg. 86 8.2.a erect a monopole on which it would locate telecommunication equipment. That interest is now held by T- Mobile; the lease expires later this month. The lease contemplates a holdover tenancy; with the City's consent, a Lessee can hold over on a month -to -month basis with rent paid on a prorated basis. Either party can terminate up 30 days' notice. The terms are the same as under the existing lease. Various items are being negotiated which is the reason there is not a longer term lease to present at this time. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO AUTHORIZE EXECUTION OF THE ATTACHED WRITTEN CONSENT TO HOLDOVER TENANCY UNDER THE TERMS SPECIFIED IN THE LEASE. Councilmember Nand asked what material terms caused the negotiation to extend beyond the life of the lease. Ms. Tinker answered the parties were talking about rents owed under the lease. T-Mobile paid the items owed within the last few weeks and they are balanced with the City through 2014 which was a major item. Councilmember Nand commented the lease holds more value to T-Mobile now than what the City was charging in 1997. She wondered if there was any point of contention regarding the rate, but it sounds like it was just the currency. Ms. Tinker answered she couldn't say yet whether there was any contention with the rent. Councilmember Paine commented there is a noticeable difference between the agreement with T-Mobile and the Version. She asked how long T-Mobile was out of compliance with payment of rent. Ms. Tinker answered they missed a payment which caused all the other payments to be below what was owed the City because the rent increases annually. While they had been paying, they had been paying less than the amount owed the City. They went back 10 years and paid everything owed the City plus a late payment fee. Councilmember Paine asked if it was expected that T-Mobile would remain current with their rent payments. Ms. Tinker answered she did not see any reason they would not pay the amount due going forward. Councilmember Tibbott relayed his understanding there are annual escalations in the rental fee. Ms. Tinker agreed. Observing this agreement will be a month -to -month lease, Councilmember Tibbott asked if she anticipated entering into a long term lease. Ms. Tinker answered yes. Councilmember Tibbott asked about the timeframe for the long term lease. Ms. Tinker answered the City has provided draft leases to all the tenants in March; there are items holding up negotiations, largely rent. Councilmember Tibbott observed what is before the council is an extension of the current arrangement and staff is working on a long term lease with the current carrier. Ms. Tinker answered what is before the council is extending each lease with each carrier on a month -to -month basis while details of a longer term renewal with each carrier are negotiated. MOTION CARRIED UNANIMOUSLY. 2. CONSENT TO HOLDOVER TENANCY GRANTING A HOLDOVER TENANCY TO SEATTLE SMSA LIMITED PARTNERSHIP, D/B/A VERIZON WIRELESS Angela Tinker, City Attorney's Office, explained this item relates to the lease with Verizon Wireless which the City entered into a few years ago. Council authorized Verizon to collocate on the tower owned by T- Mobile and leased ground space for associated equipment. Like the monopole lease, this lease includes a section that contemplates a holdover tenancy under the same month -to -month terms, prorated rents, and either parry can terminate upon 30 days' notice. The City is also negotiating terms on this lease; a holdover tenancy would allow the City to continue negotiations while having a lease in place and obtaining rent. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO AUTHORIZE EXECUTION OF THE ATTACHED WRITTEN CONSENT TO HOLDOVER TENANCY UNDER THE TERMS SPECIFIED IN THE FACILITIES LEASE FOR VERIZON WIRELESS. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Draft Minutes May 7, 2024 Page 6 Packet Pg. 87 8.2.a 3. ORDINANCE TO ADOPT CRITICAL AQUIFER RECHARGE AREA (CARA) CODE (AMD2023-0004) COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO TAKE THIS FROM THE TABLE. MOTION CARRIED UNANIMOUSLY. Senior Planner Mike Clugston advised staff is seeking council approval of the ordinance in the packet related to the CARA regulations that the City has working on with OVWSD over the past year. He, Senior Utilities Engineer Mike De Lilla and Planning & Development Director Susan McLaughlin are present to answer council questions. Councilmember Dotsch referred to information that went to the planning board and discussion with staff and OVWSD's request to remove 23.60.030.D General Requirements. Mr. Clugston answered the planning board recommended removing 23.60.030.D.1.c which is no longer part of the language proposed tonight. Councilmember Dotsch asked why that was removed. Mr. Clugston answered it was removed at the planning board's request. Councilmember Dotsch relayed her understanding of OVWSD's November 29, 2023 letter was according to the Department of Health, mitigation does not apply to CARAs as it does to other critical areas so no level of damage is acceptable. She asked how that is addressed by not removing that section. Mr. Clugston asked if Councilmember Dotsch was proposing that D. La and b. also be removed as that would be consistent with guidance Department of Health provided in November and March although staff does not necessarily agree with that recommendation. The language provides guardrails, but it can be removed. Councilmember Dotsch asked if Mr. Clugston was referring to D. La and b, but not 2, 3 and 4. Mr. Clugston agreed. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE ORDINANCE IN THE PACKET. Councilmember Tibbott commented after reviewing this 3-4 times, he noticed it provides substantial protection that do not exist under the current code. OVWSD is interested in the protections available via this ordinance, as well as conflicting information about additional concerns OVWSD has. He appreciated the information the last time the council discussed this, that shallow UICs allow percolating through soil more effectively before it run down the streets and into other unintended places which he viewed as a protection. The CARAs go through four different jurisdictions on the way to wells. Councilmember Tibbott observed the red circles on the map are not in Edmonds; one is in Esperance and the other is in Woodway. He asked if there were additional protections in the CARA for that part of the wellhead. He asked how to balance comments from OVWSD regarding passing this ordinance with all its protections versus waiting any number of years until there is more information. Mr. De Lilla answered the red circles on the map are one year infiltration travel time zones. In the older code and the 2002 report, that would signify areas where septic systems would not be allowed, but would be allowed in all other zones. For most CARAs, what matters is the 10-year zone which is where the higher level of care needs to happen related to water treatment and infiltration. Expanding into the buffer zone literally doubles the area being protected; the state only requires half that area. Mr. De Lilla continued, related to OVWSD's concerns, if additional credible science that measures treatment for PFAS or other chemicals arises, it will automatically be adopted. There is some confusion in regard to what infiltration systems do. The UICs at grade are infiltration which is completely separate and untreated. What happens before, whether at the surface or at a UIC, it gets treated first. That is the point that is being missed. That is how the system works, it is treated to the standards that the state requires which the City has enhanced. It is measurable and then it is infiltrated whether on surface or a UIC. UICs require excavation, however, infiltration at the surface also requires large amounts of amounts of excavation and often more excavation to create slopes. UICs can be vertical due to soils and other methods of infiltrating. Edmonds City Council Draft Minutes May 7, 2024 Page 7 Packet Pg. 88 The ordinance is designed to be improved. The ordinance is only as good as the current science; there is science to detect chemicals, but there is no science related to treatment. Everyone assumes plants will be better than other systems, but there is no way of knowing that. Until that science comes out, it is important to have that capability. Councilmember Tibbott relayed his understanding, if new science comes out that is adopted by the Department of Ecology, it will immediately be integrated into the City's code. Mr. De Lilla answered yes. Councilmember Tibbott summarized there will be no requirement to present it to council, it would be immediately adopted. Mr. Clugston answered that is the stormwater component. The entire regulation is based on best available science (BAS). As science improves, the regulations will be updated. If the federal government develops new guidance, that will be considered. If OVWSD does a new study of their watershed, some tweaks may be necessary. The City is required to update the critical area ordinance every 10 years with the comprehensive plan, but it can be updated sooner if new information becomes available. Councilmember Nand asked if continuing to delay adoption of the code would leave the CARA unprotected. Mr. Clugston answered it would leave the regulations the way they are today. There hasn't been any contamination over the last period of decades. The intent is to adopt new, robust regulations based on BAS to ensure there is no contamination in the future. Councilmember Nand asked if it would have been preferrable to adopt this before the comprehensive plan update and before density is proposed that might impact the area. Mr. Clugston answered staff s recommendation is adopt the regulations tonight. Once the regulations are in place, the area will be regulated and considered in the future if needed. Councilmember Nand observed stormwater eventually works its way down into the CARA. She asked if there was anything other than crumb rubber that should be addressed to prevent pollutants. She recalled bringing up glyphosate in the past. She was interested in the council looking at those contaminants citywide, not just in CARAs. Mr. De Lilla answered it comes down to science; up until 20-30 years ago, no one knew about PFAS or 6PPD-Q. The good thing about the CARAs is it will try to keep up with the science. To regulate these things and determine safe levels, the City is not equipped monetarily to develop science; that is what the federal government does. The federal government's deep pockets are needed to fund that as well as find the data sets to model and understand the science. The Puget Sound region is at the forefront and the City has partnered with firms at the forefront such as Herrara. The City has to stick with BAS because that's all that's available. Councilmember Nand thanked the community for their engagement, expressing her hope that everyone thinks about the poisons and chemicals they introduce into the natural environment that impacts the health of humans, wildlife and plants. Councilmember Eck commented this has been such a valuable conversation. She was grateful for staff returning to council so many times and ensuring the public's questions and concerns are addressed. She expressed support for the motion as it is important to get additional protections into place as soon as possible. She appreciated the ability to move swiftly in the future as science improves. She was glad the council took the time to have a full conversation and hear from all sides and the community. Councilmember Chen echoed Councilmember Eck's comments, expressing appreciation to Mr. De Lilla and Mr. Clugston for their due diligence. He pointed out the planning board provided a recommendation in 2023 for no UIC wells at all in the CARA. The planning board then backtracked and in 2024 recommended allowing shallow UIC wells. He asked the disadvantage of adopting the 2023 planning board recommendation that would not allow any UIC wells. Mr. Clugston answered the initial version of the code that the planning board considered in November 2023 had language in it that allowed shallow UICs in the Deer Creek Aquifer. Following the public hearing, the planning board recommended prohibiting shallow UICs in QVA soils in Deer Creek. Over the last 4-5 months, the planning board revised their recommendation and now recommended allowing shallow UICs in the Deer Creek QVA. Edmonds City Council Draft Minutes May 7, 2024 Page 8 Packet Pg. 89 8.2.a Councilmember Chen relayed he understood the timing but asked staff to describe why the planning board revised their recommendation. Mr. De Lilla answered without shallow UICs, everything would be on the surface which would result in more downstream flooding and flooding on sites. The issue is pipes and perforated pipe; a perforated pipe is an UIC. The majority of stormwater flows eventually reach pipes and don't use Ecology's TAPE standards related to stormwater treatment which only leaves natural methods. He was not saying plants are not an effective form of mitigation, but it is likely not effective for PFAS otherwise PFAS wouldn't exist. Input from engineers was used in developing Ecology's TAPE standards. Council President Olson assured the council takes protection of its aquifer, which the community is fortunate to have, very seriously. She offered her personal commitment to bring this back whenever it needs to be revisited. She thanked staff for their work. Councilmember Dotsch pointed out OVWSD had experts look at their clean drinking water and they recommended no UICs in the QVA. In an effort to do no harm, she preferred not to allow any infiltration in the QVA layers which are like sand. That has been a consistent recommendation from OVWSD and it is in the report from their experts and the OVWSD Board passed a resolution passed yesterday with the same recommendation. She reiterated her preference to do no harm and not allow shallow UIC in the QVA of Deer Creek. Councilmember Paine expressed support for the motion, pointing out there are currently no regulations protecting the CARA. She expressed her appreciation for the thoughtfulness in putting together an ordinance that will immediately incorporate any changes. She recognize the need and desire for OVWSD to get notified or provide the City notification as OVWSD is a valued partner. MOTION CARRIED (6-1), COUNCILMEMBER DOTSCH VOTING NO. 4. LANDMARK 99 UPDATE Community, Culture & Economic Development Director Todd Tatum advised the intent of this item is to provide an update on the progress since the last briefing to council on December 6, 2023. The presentation will discuss next steps and decisions over the next few months. A bigger part of why staff is presenting to council is expressed in the Highway 99 Subarea Plan which describes the qualities residents want to see in the corridor including economic development, safety and walkability, housing and development specifically mixed use and affordable housing, a distinct identity that creates a welcoming and attractive environment, and creating more efficient and accessible transit connections. With regard to what staff is doing and where the City is in the process, he explained it is very early in a process that will be spread over many years. The process is currently in the feasibility stage. Mr. Tatum reviewed: o The March 31, 2025 decision point is exercising the option to purchase which includes $1 million earnest money down payment. Edmonds City Council Draft Minutes May 7, 2024 Page 9 Packet Pg. 90 8.2.a ■ Source of the $1 million to be determined, could be a combination of City and partnership funds. Previous Decision o On December 5, 2023 city council authorized the mayor to sign the amended Option which attaches the negotiated PSA as an Exhibit and amends the timeline and "assignment clause" language. ■ This action resulted in: - $100,000 becoming nonrefundable - Further consideration until we execute the option or we choose to discontinue pursuing this project - Staff advancing the project as described in December 5' presentation 2024 Anticipated Costs (from December 5 meeting) Activity Due Diligence: Alta survey, Title, Environmental Real Estate consulting Development agreement Communication and outreach Total* Amount $100,000 $25,000 $1004150,000 $15,000 $245,000-$290,000 *Partnership arrangements may impact individual line items 2024 Funding Options o $100,000 - Snohomish County grant o $300,000 - Currently available from Affordable and Supportive Housing Sales & Use Tax The Next Decision o Authorize/not authorize staff to work with the preferred development team to draft a Memorandum of Due Diligence outlining the steps necessary to determine whether a partnership and purchase of a portion of the property are feasible. ■ This action would result in: - Staff time devoted to negotiations with the preferred development team - An agreement outlining the process necessary to conduct due diligence on the partnership and the property Planning & Development Director Susan McLaughlin reviewed: • Actions Taken Since December 5t" o Request for Proposal ■ Staff developed a Request for Proposal which went "live" in January ■ Pre -bid conference on February 12' ■ Proposal closed on March 22" d ■ Staff received two bids o Evaluation process ■ Six -person evaluation committee was established - 2x staff Todd Tatum and Susan McLaughlin) - 2x board/commission members (planning board and EDC) - 2x Councilmembers (Council President Olson and Councilmember Chen) ■ Evaluation consisted of- - Evaluation of proposal - Interview - Post -interview site visits (by a reduced committee) Preferred Developer o Development & Design Team Organization Chart Edmonds City Council Draft Minutes May 7, 2024 Page 10 Packet Pg. 91 8.2.a �^�� OWnPry kv. ................ ................ Primary Development Developer Partner ....................................................................... Architect General Contractor • Proposal o Workforce housing ■ 826 units with 648 units (80%) catering to 30-80% AMI o Mix of retail, apartments, and market rate townhomes o Proposed Multifamily Residences 336,517 SF Building 1 361,606 SF 372.044 SF Building 4 (Tms) 240SF ■ Market rate townhomes (Building 4) ■ Public open space adjacent to townhomes square feet at ground level) o Public/Private Development Division ■ 6 /o 24% 24ZI St SW lined with retail (approximately 60,000 ■ Civic component in master plan work included either a community center or aquatic center (reach goal) ■ Civic uses comprise 24% of the project site • Project Phasing Edmonds City Council Draft Minutes May 7, 2024 Page 11 Packet Pg. 92 8.2.a V e * -P3 P -Air 0 36 month phasing o Phasing and timing negotiable Evaluation committee's reaction to proposal and interview o Affordability component ranked high o Financing model allows for options o J2 includes daycares in in each of their development o Commitment to community and achieving public uses o Impressed with the team's willingness to work with our team toward mutual objectives Mr. Tatum reviewed: • What's Next? o Staff needs authorization to enter into negotiations with proposed developer towards a Memorandum of Due Diligence (or similar document) o Staff will bring this decision forward in early June o If approved, staff will work with J2 team to create "path forward" to get to answers about: ■ The details of the partnership ■ The due diligence on the property ■ The ownership and financing model o Finalize plans for the City's portion of the property ■ Determine if community center feasible in conjunction with additional housing ■ Determine if there are municipal partners for an aquatics centers and timing Approximate Timeline o June 2024: Approval to negotiate MOA on Due Diligence o July 2024: Approval of MOA on Due Diligence o November 2024: In progress report o December -February 2025: Hearings and decisions related to property ownership, financing, and phasing Councilmember Tibbott commented the MOA will surface a lot of negotiation topics. He recognized staff may not be able to answer some of his questions until after the MOA is negotiated. He asked if the public space percentage lines up with public conversations held in the past. Ms. McLaughlin answered there were three development schemes in the proposal. The preferred concept does align with the master planning work, the other two not as much. With regard to parking and access, Councilmember Tibbott said he did not see any additional on or off ramps to the property which was concerning to him. Ms. McLaughlin advised access will be considered as part of the due diligence. There was a conversation about parking as part of the proposal, recognizing the proposal is a concept. Their approach was shared use parking and structured parking; their proposal for managing parking was one of the selling points for the committee. Edmonds City Council Draft Minutes May 7, 2024 Page 12 Packet Pg. 93 8.2.a Councilmember Tibbott asked if their history as a development group includes integrating parking with that level of housing. Ms. McLaughlin said she has not seen all their projects, but the projects the committee saw certainly had integrated parking. Councilmember Tibbott referred to the public space shown in brown on the diagram, recalling the presentation indicated there would be retail on the first floor. Ms. McLaughlin explained there is 60,000 square feet of retail on the ground floor throughout the development site. A significant amount is lining the public space/town square. Councilmember Tibbott observed the town square is the public open space between P3 and P2 on the project phasing image; P3 is the townhomes and the retail wraps P2. Councilmember Nand thanked staff and the committee for all their hard work. She asked about the proposed heights for buildings 1, 2 and 3. Ms. McLaughlin answered the proposal did not include exact heights; it looks to be between five and seven stories. Councilmember Nand recalled the original RFP mentioned extending the building height to 90 feet for this parcel and asked if that was something they were pursuing. Ms. McLaughlin answered in reviewing the proposals, neither development team maximized the 70-foot height limit; there is no interest in exceeding the existing zoning height. Councilmember Nand recalled this project originally came on the City's radar when Director Feser approached the existing property owner regarding the open space and trees as a potential park space. It appears from this mockup that the trees would be eliminated. Ms. McLaughlin answered the project is not at that level of design. Due diligence will help determine if there are significant trees on the site. Inevitably the scale of development will result in some tree removal. Councilmember Nand commented there is particular sensitivity in the subarea where there is a lack of shade equity and lack of mature trees. If the City remains involved in the project, she suggested giving priority to preserving the mature trees lining the parcel. Ms. McLaughlin reiterated the project is not at that level of design, commenting she gets excited thinking about increasing the canopy on this site despite an increased amount of development. The existing site includes a vast amount of surface parking; the rendering illustrates an opportunity to infuse that with more tree canopy. With regard to the public facilities/amenities, Councilmember Nand said the question she has always had about putting a pool or aquatics center on the site is the Dale Turner YMCA pool is literally within walking distance. In terms of this very resource -poor area of the City with regard to public facilities, she asked about the fixation on a pool, whether it was meant to serve the residents of the high density housing. The larger community on Highway 99 could benefit from community space, recalling the council held a town hall in the cafeteria of the Public Works building because there was literally no other place to meet with the public on Highway 99. Ms. McLaughlin responded an aquatic facility ranked very high in the PROS Plan. There is interest from adjacent jurisdictions around partnering on an aquatic facility. The aquatic facility would be a regional attraction and still an amenity to existing residents. She recognized an aquatics center would be a reach goal, but the intent was to honor the interest of regional partners to explore it. Councilmember Nand asked about the regional partners. Ms. McLaughlin answered Mountlake Terrace and Shoreline. Councilmember Nand relayed from speaking with representatives of the Dale Turner YMCA, an aquatic facility is incredible expensive; for example, it costs $10,000 to fill the pool. When she very enthusiastically supported this project last year, the excitement she heard from her neighborhood, she lives within walking distance of the property, was about the potential for community space. One of the problems with Highway 99 is there are no great places to walk to, especially for families with young children. In looking at the response to the RFP, she did not see a role for the City to remain in the transaction versus just telling these partners to deal directly with the property owner because she was unsure what benefit there would be for the neighborhood or the region from the City's involvement versus proceeding as a private transaction if the amenity is a pool. Councilmember Nand continued, a pool is great, but the Highway 99 community is underserved in so many ways that a pool did not rank as a top priority for the area. If Mountlake Terrace and Shoreline want to Edmonds City Council Draft Minutes May 7, 2024 Page 13 Packet Pg. 94 8.2.a place a pool somewhere and Edmonds wants help, that may be a great idea, but is that something Edmonds wants to devote a significant amount of staff time and resources to helping bring about for the subarea. Ms. McLaughlin answered the civic use described in the RFP aligned with community center. The RFP mentioned an aquatic center as an option. This proposal spoke more about aquatics center than had been anticipated. An aquatic center is relevant in the PROS plan and there have been local and regional conversations about an aquatics center. She agreed that did not rank the highest in neighborhood conversations and what is needed is community meeting space. A community center or a reach goal of an aquatic center would have to have community meeting rooms to meet the goals of the community. With regard to why the City would remain engaged in this project, Mr. Tatum said whatever community space is included, whether it is a community center or open space, the goal is create open spaces that are inviting and make people want to linger. Mixed use development has struggled in the past; the addition of public space and some type of community center where the public is coming and going increases the vibrancy of the area and the viability of the retail. The City is interested in the project both for the retail and the public space due to how they complement each other. Councilmember Nand commented when looking at the City's investment and what the City would gain, she was hoping there would be more devotion to open space/green space which is severely lacking in this neighborhood. Children play in the common driveways of their dense housing because there is no green space. Ms. McLaughlin agreed that is why the City wants to have a seat at the table, to get the public open space and explore the civic use opportunity. The area shown in brown on the project phasing image is the built civic use such as a community center and the open space which comprise 24% of the site. How that would be financed and how it would ultimately be delivered is yet to be determined. The preferred option was included in the presentation; the proposal included two other options, one of which eliminates the public open space. The intent of the City's involvement is to deliver the public open space; a development team would design the site in a different way with roof top amenities or enclosed in a courtyard available to residents. The ability to deliver public open space available to everyone would require some public investment; how that is achieved via negotiations has yet to be determined. Councilmember Nand commented there are a lot of communities adjacent and within walking distance to this parcel that multiple levels of government and the nonprofit community are trying to reach. Before the decision comes back to council regarding whether to proceed, she suggested ascertaining the interest of those governmental and nonprofit partners so there is more dedication to community service and public space and less private sector. Councilmember Paine asked if the percentages of private versus public space was fairly firm and did it need to be 251/o/75% to pencil out financially. Ms. McLaughlin answered this is the developer's proposal, a percentage has not been negotiated and would occur in the next phase. In preliminary conversations with this team, they are open to that negotiation. Councilmember Paine commented this 10 acre site is a rare opportunity. There is some interest on council for locating a police substation in the area; she asked if that discussion will be included in the due diligence. Ms. McLaughlin answered a police substation was part of the master planning concept including articulating what that mean from a square footage perspective, recognizing it would be a training facility with office space. Further defining civic use will absolutely be necessary in the next phase. Councilmember Paine commented the 36 month phasing is astounding. She was very pleased the proposal includes ownership housing as it will help bring down property prices. If the project included childcare, she suggested talking with the school district who has connection with childcare centers and may have insight into what's possible. She looked forward to the next phase. Councilmember Chen said as a member of the interview team, the reason he was interested in J2 was, 1) their access to state, federal and private funding sources for the affordable housing component and their experience on the sites the interview team visited in Ballard and Seattle, and 2) their interests are in line with the City's interests. One of the examples they used was they did not want to maximize the building Edmonds City Council Draft Minutes May 7, 2024 Page 14 Packet Pg. 95 8.2.a height because they recognize that would not be the most attractive way to build a community adjacent to single family housing. During their proposal, they demonstrated building at less than the maximum building height which shows they care about the surrounding community and not just their own profit. He recognized the project is in the early stages of development. He asked for assurance that moving forward and up to March 2025 before the council commits to $1 million earnest money there would not be any additional commitment of General Fund money. Mr. Tatum responded two sources of funding have been identified which staff thinks can get through the next phase. He did not anticipate asking for more, but maybe something will happen that makes it the best idea ever to come forward with General Funds although he did not think that would happen in next nine months. Councilmember Chen observed there is $100,000 from a Snohomish County grant and $300,000 from the Affordable and Supportive Housing Sales & Use Tax. He noted the $1 million earnest money could come from a combination of sources. He asked if additional commitment from the General Fund was foreseen. Mr. Tatum answered no. Councilmember Chen commented there would also be further negotiation with J2 regarding the public space such as who owns it, who operates it, who maintains it, the amount of City commitment, etc. He asked for assurance that that was still to be negotiated. Mr. Tatum answered a great deal remains to be negotiated with regard to the public component including financing, sharing siting costs, phasing, etc.; a partner was needed to get into the details. All those things need to be considered to determine what's feasible. Councilmember Chen observed it is still very early, the City has not signed MOA yet. Councilmember Eck commended the community members who have been involved including representation from the Economic Development Commission. She was particularly happy to hear this developer is committed to onsite daycare; building that into their model is really telling about their commitment to caring for the community. She was also pleased with the affordability components because the City needs the housing. The shopping options and the resulting revenue will be helpful whether the City proceeds with this plan or another plan that does something similar. The City needs the diversified revenue and needs the community space particularly in the east part of City. She anticipated once this project was underway, there would be a domino effect and other developers will want to be part of the change. She was very optimistic and pleased with the potential for this site. Councilmember Dotsch commented she researched the developer names. She asked if this group has worked together on projects in the past. Mr. Tatum answered yes, different combinations have worked together before; this combination is currently working on developments in Everett and Tacoma. Councilmember Dotsch observed none of those developments have been completed yet. Mr. Tatum agreed none of the projects under this exact partnership had been completed, but different formations/partnerships have completed projects. Councilmember Dotsch said in researching J2, it appears they are fairly new to affordable housing. She understood the excitement about opportunities but she likes to see things that have been done and achieved on budget and delivering what was proposed. The idea of 30-80% AMI workforce housing, she looked up other developers, the ones in Mountlake Terrace did not use any public money; the ones in Shoreline near the Central Market are using MFTE which shows these projects can be done without a public investment. She was concerned about the deliverables; it's great to be hopeful, but with the cost of construction, to make these units affordable for those income levels will be very challenging without a heavy lift of money. She was concerned with that coming from Edmonds' taxpayers who are already being hit with a lot. She was concerned that the realities may not be achievable with this group who has not done anything like this before. She was also concerned with retail in this parcel with no redesigned access. The property owner was unable to sell the property due because it was not accessible for consumers and that is the reason other opportunities did not reach fruition. Edmonds City Council Draft Minutes May 7, 2024 Page 15 Packet Pg. 96 Councilmember Dotsch asked how physical access to the retail and public amenities would be addressed. Ms. McLaughlin answered the due diligence would look at access. A key part of this site is its proximity to the Swift line; a multimodal transited oriented development provides opportunity for regional transit as well as proximity to the Interurban and as the proposal mentions, the site is two miles from the Mountlake Terrace light rail station. Vehicular access will be certainly be considered during the due diligence phase, the proposal sees this as an opportunity to build on the multimodal network. Councilmember Dotsch referred to the 30%-80% AMI, noting the housing in Shoreline with MFTE is 70% AMI. She asked about the developer's proposal to get to 30%-60% AMI. Ms. McLauglin answered the financing is yet to be determined. The reason this proposal ranked highly was their understanding of affordable housing financing and their ability to see it out at a 55 year term which is one of their strengths. Affordable housing in this development market provides stability because there are so many affordable housing sources. While conventional development may be struggling due to a myriad things including interest rates, this is an opportunity to partner with an affordable housing developer. She could not cite their exact financing strategy as that is something that will be worked on as the process moves forward. Mr. Tatum commented the City will go into the due diligence of the partnership critical as he hoped the developers would be critical of the City's partnership. There are protections and mechanisms to ensure what is talked about does get built such as via a development agreement. Councilmember Dotsch reiterated her concern that J2 is new, she has researched their background, and what they've done and haven't done. She was concerned this was something that has never achieved before. As happened with the City's experience with wastewater treatment plan, she urged caution when partnering with someone who has not actually delivered something before due to the unknown challenges. If affordable housing is this popular, she was surprised the City only received two bids. She asked why the committee did not choose the other bid. Mr. Tatum answered the main difference between the proposals was one focused on affordable housing and the funding mechanism in the current market. The other proposal focused on market rate housing and relied on surface parking to reduce costs and there was a funding gap. The committee felt there was an opportunity to negotiate with J2 with regard to timing, etc., and did not feel there was that same opportunity with the other developer as well as the need to fill the funding gap. Councilmember Dotsch asked if there had been any feedback regarding why the RFP did not generate more interest. Mr. Tatum answered the market for market -rate housing is a tough place right now due to high interest rates. Councilmember Dotsch recalled staff s comment that there is a lot going on with affordable housing and wondered why others developers who consistently do this type of work did not bid on it. Mr. Tatum said he could not speak to why they didn't bid on it. Council President Olson said she had the privilege of being involved in this process and couldn't say enough nice things about the team and their enthusiasm and sincerity. There are preconceived notions about affordable housing; on the site tours and during the interview they repeatedly referred to workforce housing and building a community. She walked away feeling like they were not just building housing but building a community which is what everyone wants for multifamily projects. With regard to the tools, one of the things they talked about were long range financing tools at low rates available from the federal government which allows them to lower costs due to the lower rates and it is spread over a much longer period of time. Council President Olson continued, what has been frustrating about MFTE for those involved in discussions about housing is there will still be a need for affordable housing after the 15 years lapses. This 50 year profile that is building for the sake of creating affordable housing is an entirely different mindset. An epiphany for her, since it has been a long time since she's spent a lot of time in multifamily housing, was how much it has changed over the years; there are more community spaces, rooftop decks, an assigned garden area, etc. It is different in terms of the quality of life that is offered. If this project could be created, if it was the right time to create it, she envisioned it would be a place where everybody wanted to live. Because she liked this team so much and because they were so sincere and wonderful, she feared it was a Edmonds City Council Draft Minutes May 7, 2024 Page 16 Packet Pg. 97 8.2.a bit of a bait and switch because in the initial phases, there were discussions of the government entity funding a community center which is not in the cards in the next 5-10 years regardless of the financing tools. Because she was so excited about the project and wished it could happen, she has spent a lot of time brainstorming how to make it happen in way that didn't include public/taxpayer investment. She referred to Mr. Tatum's comment that maybe there would be such a great idea that General Fund money would be invested and assured there was no General Fund money available. Therefore, if the partner could overlook the fact that it wasn't actually governmental and if interested nonprofits like the Boys & Girls Club who have expressed some interest in that location could be identified and maybe in seven years when the City pays off a big bond, there could be an agreement to use the Boys & Girls Club space when they are closed. With regard to the open space, she did not think the City could afford to buy that right now. That location is not her highest priority for open space in south Edmonds; park space is really needed on the west side of 84'. She suggested privatizing it, referring to the Green Acres Food Truck Park in Boise, Idaho (greenacresboise.com) where people come from all around and generate tax revenue. She was unsure whether that food truck park was public or private; if it was public and there could be an interest only loan or fees from the food trucks offset the cost of the property, it could work as an ownership model. She suggested possibly a private entity would do the food truck court and pay for the land where the trucks would be located. The food truck park in Boise included open space and was a place for family entertainment on a nice evening. If the team was open to privatizing the community center by doing something like the Boys & Girls Club, arena sports, privatizing the open space, or doing it in a way that was revenue positive, after voting no all three times this has come to council, she could be a yes if it could be done privately, but with the same spirit of the amenities but without the City of Edmonds. Councilmember Nand asked if the development team envisioned there would be less parking allocated per housing unit due to the proximity to transit. Mr. Tatum answered the proposal talked about a range of affordable housing, the 30-80% AMI typically has fewer vehicles so not as much parking needs to be provided due to the proximity to transit. Councilmember Nand said street parking is already highly competitive on side streets due to inadequate parking for the existing high density housing. If the intent is to add 800 units without adequate parking, she was concerned about the strain that would place on the infrastructure. Ms. McLaughlin answered the design is not there yet; the proposal provided structured parking which is more a more efficient land use for the site. They also looked at shared parking for the retail and civic components. A single parking space can cost $60,000 which adds to the cost of the units. She assured there will be conversations about parking and just because the housing is affordable does not mean the units do not have a parking space. As was seen in Seattle, there are different ways to manage parking to be more sustainable and efficient such as an added charge for parking, etc. Councilmember Nand commented on Capitol Hill there are six story apartments with tiny efficiency studios where the tenants use electric scooters. It is a young, healthy population, mostly in their 20s and early 30s who don't need access to a car. Edmonds is differently situated from Capitol Hill and she would be very concerned about a proposal to restrict parking. The Safeway property owners complain their parking is being used by residents from nearby developments who park in their parking lot overnight. Not providing sufficient parking for this number of new residents would place a strain on existing businesses. Councilmember Nand referred to a January 7, 2024 press release from Representative Rick Larsen that he had obtained $12.5 million in bipartisan infrastructure dollars for Mt. Vernon's library commons. It took incredible advocacy from the mayor and council through multiple administrations to put together a project funded by the federal government at that level. The key to that project was the library commons contains 78 EV charging ports. She suggested that level of engagement from the federal, state and county government, regional partners, and nonprofits will be necessary to offset the costs and have more devotion toward the public amenities component and less toward affordable housing or the private aspect of the partnership to make it self -funded. She reiterated that will take buy -in from City leadership; if the City's Edmonds City Council Draft Minutes May 7, 2024 Page 17 Packet Pg. 98 8.2.a leadership does not want to invest in those amenities for Highway 99, there won't be a project to take to the federal or state government. 11. COUNCIL COMMENTS Councilmember Nand thanked the Edmonds Police Department and acknowledged National Police Week. Since joining the council, she has learned a lot about what first responders do and how hard they work. She recognized these are times when her generation, the millennial generation, and the GenZ generation is talking about defending the police. In a recent conversation with a young community member, she explained why it may be of interest to reform the police, but that the police are the thin blue line keeping the community safe. That particularly applies to low income communities and communities of color that have a higher rate of victimhood for violent crime. When envisioning the future, there can't be a future without the police. She thanked the Edmonds police officers who put their lives on the line to keep the community safe every day. Councilmember Paine encouraged everyone to get outside in the next couple days to enjoy the sun, mow lawns, etc. She commented the council had an interesting series of discussions tonight including the special meeting regarding the existing comprehensive plan, the CARA ordinance which has been a long time coming and lot of work by the City, and the update on Landmark. Discussions regarding Landmark will continue; she was excited to discuss the financial opportunities and the types of public spaces and facilities that might be possible especially with interest in loosening the City's ownership opportunities in the downtown area and possibly moving some public facilities closer to Highway 99. Councilmember Dotsch acknowledged the police community, commenting there are a lot of young officers with families in Edmonds and she honored their dedication. She announced an opportunity for youth 13 years and up to remove ivy at Pineridge Park on Saturday, May 18, 10 am to noon. Council President Olson gave a shout out to the City's Parks Department who worked with Mountlake Terrace Parks and thanks to the ILA and budget allocation by council, there is a gorgeous entry from Edmonds into the Ballinger Park. The new Ballinger Center which is managed by the Edmonds Waterfront Center is open to Edmonds residents and is a great amenity for the area. Council President Olson relayed the community has spent a lot of time via the comprehensive plan discussing what makes Edmonds special and that includes historic building. One of those historic buildings, the old opera house or Masonic Lodge on Dayton & 5t' is having a fundraiser on Saturday May 11 for upkeep on the historic structure. Beer and wine start at 5:30 pm, smoked prime rib at 6:00 pm, tickets are $100 each. The event includes a silent auction, live music, and Edmonds-Woodway High School Jass Band. Further information can be found by googling the Edmonds Masonic Center Association. She suggested for those unable to attend, purchasing a ticket and donating it to a worthy person that would enjoy the event. Councilmember Tibbott announced at next Tuesday's Public Safety Committee meeting at 3:30 pm, the committee will discuss the fire service options in the Fitch report. He will bring the comments/questions from the public hearing to the committee and to the consultant who will also attend the committee meeting. He is personally contacting South County Fire commissioners to learn about their role, and how they bring accountability to the administration and the work of the RFA. The commissioners are an extension of the communities they serve to bring accountability, identify high priority services and focus on the budget. He will share the results of his discovery process during the Public Safety Committee meeting. Councilmember Chen commented tonight's discussions about fire service and the cost do not dilute the community's appreciation for the great services provided by SCF and first responders. The council is just doing their due diligence to make the right decision for the community and for SCF. Edmonds City Council Draft Minutes May 7, 2024 Page 18 Packet Pg. 99 8.2.a Councilmember Eck recognized May is Asian American, Native Hawaiian and Pacific Islander Heritage Month, honoring Americans from those regions who contributed deeply to the history, culture and achievement of the United States. As a mom with a school age child at home and thinking about her and her spouse's occasional date nights in Edmonds, she encouraged community members to pick a place they haven't been to before or visit a different part of Edmonds. Edmonds residents are fortunate to have so many places to enjoy. 12. MAYOR'S COMMENTS Mayor Rosen thanked the council for how they are approaching so many issues with seriousness and intention including fire and EMS services, serious budget issues, the comprehensive plan, the CARA, and Landmark, as well as regional issues such as transportation, crime, food insecurity, behavioral health, substance abuse, climate change, etc. He respected the way councilmembers are rolling up their sleeves to address those issues. Tomorrow he will join 100 students in the Ride to School program at Sherwood Elementary. He has not been on a bicycle since 1989 and appreciated everyone's thoughts. He also reminded this weekend is Mother's Day. ADJOURNMENT With no further business, the Council meeting was adjourned at 9:31 pm. Edmonds City Council Draft Minutes May 7, 2024 Page 19 Packet Pg. 100 8.3 City Council Agenda Item Meeting Date: 05/21/2024 Approval of claim checks and wire payments. Staff Lead: Kimberly Dunscombe Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #262402 through #262483 dated May 2, 2024 for $1,776,700.67 (re -issued ck#262475 $2,373.70), claim checks #262484 through #262616 dated May 9, 2024 for $1,369,213.57 (re -issued checks #262495 $1,260 & #262518 $2,168.16) and wire payments of $388.00 & $22,695.37. Staff Recommendation Approval of claim checks and wire payments. Narrative The Council President shall be designated as the auditing committee for the city council. The council president shall review the documentation supporting claims paid and review for approval by the city council at its next regular public meeting all checks or warrants issued in payment of any claim, demand or voucher. A list of each claim, demand or voucher approved and each check or warrant issued indicating the check or warrant number, the amount paid and the vendor or payee shall be filed in the city council office for review by individual councilmembers prior to each regularly scheduled public meeting. Attachments: Claims 05-02-24 Agenda copy Claims 05-09-24 Agenda copy Packet Pg. 101 8.3.a apPosPay Positive Pay Listing Page: 1 5/2/2024 11:50:34AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 079330 76 INVESTMENT LLC 262402 5/2/2024 541.32 065052 AARD PEST CONTROL 262403 5/2/2024 227.64 000135 ABSCO ALARMS INC 262404 5/2/2024 1,816.56 074143 AFFORDABLE WA BACKFLOW TESTING 262405 5/2/2024 110.50 075836 AKTIVOV LLC 262406 5/2/2024 1,425.45 079536 AMANDA HOUGH 262407 5/2/2024 1,400.00 074306 AMWINS GROUP BENEFITS INC 262408 5/2/2024 8,514.47 071377 ARGUELLES, ERIN 262409 5/2/2024 2,046.00 064341 AT&T MOBILITY 262410 5/2/2024 43.35 075390 AUSTIN MAC INC 262411 5/2/2024 32,144.46 070305 AUTOMATIC FUNDS TRANSFER 262412 5/2/2024 1,387.50 028050 BILL PIERRE FORD INC 262413 5/2/2024 137.39 071421 BIO CLEAN INC 262414 5/2/2024 497.25 074307 BLUE STAR GAS 262415 5/2/2024 1,299.40 002800 BRAKE & CLUTCH SUPPLY 262416 5/2/2024 231.42 073029 CANON FINANCIAL SERVICES 262417 5/2/2024 903.47 063902 CITY OF EVERETT 262418 5/2/2024 455.40 019215 CITY OF LYNNWOOD 262419 5/2/2024 42,307.00 070323 COMCAST BUSINESS 262420 5/2/2024 398.46 065891 CONLEY, LISA M 262421 5/2/2024 60.00 072746 CONSOR NORTH AMERICA INC 262422 5/2/2024 36,338.05 064531 DINES, J EAN N I E 262423 5/2/2024 1,252.00 076172 DK SYSTEMS 262424 5/2/2024 4,656.34 065739 DTG RECYCLE 262425 5/2/2024 245.99 007253 DUNN LUMBER 262426 5/2/2024 611.57 076610 EDMONDS HERO HARDWARE 262427 5/2/2024 65.35 008705 EDMONDS WATER DIVISION 262428 5/2/2024 1,265.02 008812 ELECTRONIC BUSINESS MACHINES 262429 5/2/2024 615.80 047407 EMPLOYMENT SECURITY DEPT 262430 5/2/2024 19,607.30 009350 EVERETT DAILY HERALD 262431 5/2/2024 104.92 009815 FERGUSON ENTERPRISES INC 262432 5/2/2024 26,023.74 079336 GO GOV APPS 262433 5/2/2024 12,840.00 075346 GREATER SEATTLE FLOORS 262434 5/2/2024 121.55 073960 GUTTER KING INC 262435 5/2/2024 1,618.83 012560 HACH COMPANY 262436 5/2/2024 877.37 076333 HASA INC 262437 5/2/2024 8,718.54 072647 HERRERA ENVIRONMENTAL 262438 5/2/2024 2,192.98 067862 HOME DEPOT CREDIT SERVICES 262439 5/2/2024 31.70 075966 HULBERT, CARRIE 262440 5/2/2024 6,408.30 076488 HULBERT, MATTHEW STIEG 262441 5/2/2024 1,100.00 078250 KAUFER DMC LLC 262442 5/2/2024 300.00 079524 KIMLEY-HORN & ASSOCIATES INC 262443 5/2/2024 88,163.75 067568 KPG PSOMAS INC 262444 5/2/2024 5,415.50 078471 LEMM, KEVIN 262445 5/2/2024 436.80 075746 MCMURRAY, LAURA 262446 5/2/2024 44.40 008410 MINUTEMAN PRESS 262447 5/2/2024 229.83 077706 MITCHELL 1 262448 5/2/2024 2,108.34 079223 MOORE, ANGELA 262449 5/2/2024 693.00 069923 MOTION INDUSTRIES INC 262450 5/2/2024 901.76 018950 NAPA AUTO PARTS 262451 5/2/2024 219.99 064570 NATIONAL SAFETY INC 262452 5/2/2024 152.86 002203 OWEN EQUIPMENT COMPANY 262453 5/2/2024 303.48 027450 PAWS 262454 5/2/2024 1,380.00 Page: 1 Packet Pg. 102 apPosPay Positive Pay Listing 5/2/2024 11:50:34AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 072507 PEACE OF MIND OFFICE SUPPORT 262455 5/2/2024 104.00 028860 PLATT ELECTRIC SUPPLY 262456 5/2/2024 2,955.15 078800 POPA & ASSOCIATES 262457 5/2/2024 600.00 046900 PUGET SOUND ENERGY 262458 5/2/2024 13,521.62 075769 QUADIENT LEASING USA INC 262459 5/2/2024 2,193.70 064769 ROMAINE ELECTRIC 262460 5/2/2024 158.07 066964 SEATTLE AUTOMOTIVE DIST INC 262461 5/2/2024 318.08 061135 SEAVIEW BUICK GMC 262462 5/2/2024 501.00 071655 SHI INTERNATIONAL CORP 262463 5/2/2024 275.53 068132 SHORELINE CONSTRUCTION CO 262464 5/2/2024 225,336.95 079507 SITTS & HILL ENGINEERS INC 262465 5/2/2024 37.05 036955 SKY NURSERY 262466 5/2/2024 853.98 079441 SMART SUPER SHOPPERS 262467 5/2/2024 362.00 037375 SNO CO PUD NO 1 262468 5/2/2024 10,398.17 063941 SNO CO SHERIFFS OFFICE 262469 5/2/2024 44,488.66 079285 SNOHOMISH CO PROSECUTOR OFFICE 262470 5/2/2024 1,792.33 037303 SO SNOHOMISH CO FIRE & RESCUE 262471 5/2/2024 1,129,597.00 040917 TACOMA SCREW PRODUCTS INC 262472 5/2/2024 15.62 040916 TC SPAN AMERICA 262473 5/2/2024 366.30 070774 ULINE INC 262474 5/2/2024 177.08 079567 URBAN FORESTRY SERVICES 262475 5/2/2024 2,373.70 064214 USSSAWASHINGTON STATE 262476 5/2/2024 1,880.00 067865 VERIZON WIRELESS 262477 5/2/2024 14,428.02 069751 VESTIS 262478 5/2/2024 108.44 075635 WCP SOLUTIONS 262479 5/2/2024 2,602.74 073552 WELCO SALES LLC 262480 5/2/2024 1,151.41 079569 WESTIN PATTERSON 262481 5/2/2024 65.00 063008 WSDOT 262482 5/2/2024 88.00 011900 ZIPLY FIBER 262483 5/2/2024 1,332.67 GrandTotal: 1,779,074.37 Total count: 82 Page: 2 Packet Pg. 103 8.3.b apPosPay Positive Pay Listing Page: 1 5/9/2024 1:05:21 PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 075085 1 LINGUA LLC 262484 5/9/2024 374.00 070322 A&A LANGUAGE SERVICES INC 262485 5/9/2024 551.25 079466 ADELIE DISASTER SOLUTIONS 262486 5/9/2024 5,000.00 001528 AM TEST INC 262487 5/9/2024 295.00 077293 AMERICAN DIVERSITY 262488 5/9/2024 2,370.86 079537 AMERICAN TRAFFIC SOLUTIONS INC 262489 5/9/2024 23,750.00 079382 ATWELL LLC 262490 5/9/2024 752.00 001801 AUTOMATIC WILBERT VAULT CO 262491 5/9/2024 1,006.00 078762 AZAR, TAYLOR STRONG 262492 5/9/2024 264.00 079475 B&L INTERPRETING SERVICES LLC 262493 5/9/2024 368.70 076685 BAILEY, MICHAEL E 262495 5/9/2024 1,260.00 076685 BAILEY, MICHAEL E 262494 5/9/2024 2,880.00 075217 BASLER, ANTHONY C 262496 5/9/2024 130.00 069226 BHC CONSULTANTS LLC 262497 5/9/2024 17,380.92 028050 BILL PIERRE FORD INC 262498 5/9/2024 54.73 002800 BRAKE & CLUTCH SUPPLY 262499 5/9/2024 355.72 072005 BROCKMANN, KERRY 262500 5/9/2024 2,303.60 003001 BUILDERS SAND & GRAVEL 262501 5/9/2024 7,220.03 078083 BUYCE JR, RICHARD J 262502 5/9/2024 786.00 077166 CADENA, MICHAEL 262503 5/9/2024 130.00 018495 CALPORTLAND COMPANY 262504 5/9/2024 617.57 073029 CANON FINANCIAL SERVICES 262505 5/9/2024 357.45 071816 CARLSON, JESSICA 262506 5/9/2024 1,529.00 003510 CENTRAL WELDING SUPPLY 262507 5/9/2024 307.73 011210 CIMCO-GC SYSTEMS LLC 262508 5/9/2024 3,550.85 064369 CODE PUBLISHING LLC 262509 5/9/2024 1,895.63 073135 COGENT COMMUNICATIONS INC 262510 5/9/2024 661.59 068358 COLUMBIA CASCADE COMPANY 262511 5/9/2024 500.29 070323 COMCAST BUSINESS 262512 5/9/2024 301.21 076107 COMPASS HEALTH 262513 5/9/2024 10,432.89 065891 CONLEY, LISA M 262514 5/9/2024 280.00 077192 CORNELL LAB OF ORNITHOLOGY 262515 5/9/2024 625.00 072786 CTS LANGUAGE LINK 262516 5/9/2024 79.35 006200 DAILY JOURNAL OF COMMERCE 262517 5/9/2024 642.60 079305 DANIEL & KATHARINA DEAN 262518 5/9/2024 2,168.16 074444 DATAQUEST LLC 262519 5/9/2024 100.00 069479 DEPARTMENT OF COMMERCE 262520 5/9/2024 185,866.28 047450 DEPT OF INFORMATION SERVICES 262521 5/9/2024 285.00 006635 DEPT OF LICENSING 262522 5/9/2024 26,450.35 007253 DUNN LUMBER 262523 5/9/2024 753.26 079281 DVAADVERTISING & PUBLIC REL 262524 5/9/2024 896.67 076610 EDMONDS HERO HARDWARE 262525 5/9/2024 264.09 075200 EDUARDO ZALDIBAR 262526 5/9/2024 260.00 008812 ELECTRONIC BUSINESS MACHINES 262527 5/9/2024 508.34 079517 ELECTRONIC MOBILE SOLUTIONS 262528 5/9/2024 4,679.68 008969 ENGLAND, CHARLES 262529 5/9/2024 561.00 009350 EVERETT DAILY HERALD 262530 5/9/2024 489.20 009350 EVERETT DAILY HERALD 262531 5/9/2024 63.64 075393 FITCH & ASSOCIATES LLC 262532 5/9/2024 22,250.00 075871 FLOW TECHNOLOGIES INC 262533 5/9/2024 2,497.50 079546 FOXTROT FENCING 262534 5/9/2024 10,872.10 002500 GALLS LLC DBA BLUMENTHAL 262535 5/9/2024 112.60 079465 GCH DISASTER SOLUTIONS 262536 5/9/2024 3,375.00 Page: 1 Packet Pg. 104 apPosPay Positive Pay Listing 5/9/2024 1:05:21 PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 012199 GRAINGER 262537 5/9/2024 813.26 079012 HARLOWE & FALK LLP 262538 5/9/2024 40.00 078272 HARRINGTON, SHEILAANNE 262539 5/9/2024 130.00 066575 HERC RENTALS INC 262540 5/9/2024 1,328.61 076240 HM PACIFIC NORTHWEST INC 262541 5/9/2024 288.02 067862 HOME DEPOT CREDIT SERVICES 262542 5/9/2024 2,533.35 061013 HONEY BUCKET 262543 5/9/2024 290.95 072041 IBS INCORPORATED 262544 5/9/2024 65.10 014940 INTERSTATE BATTERY SYSTEMS 262545 5/9/2024 207.99 078250 KAUFER DMC LLC 262546 5/9/2024 300.00 078946 KITCHENS, KYLEE 262547 5/9/2024 854.50 078360 LANGUAGE LINE SOLUTIONS 262548 5/9/2024 53.69 074158 LASER UNDERGROUND & EARTHWORKS 262549 5/9/2024 304,480.05 078500 LEFTA SYSTEMS 262550 5/9/2024 83.83 073603 LIGHTHOUSE LAW GROUP PLLC 262551 5/9/2024 73,725.75 074848 LONG BAY ENTERPRISES INC 262552 5/9/2024 4,722.50 076001 LUCIE R BERNHEIM, ATTYAT LAW 262553 5/9/2024 1,487.50 074263 LYNNWOOD WINSUPPLY CO 262554 5/9/2024 1,183.45 075716 MALLORY PAINT STORE INC 262555 5/9/2024 103.80 067235 MARYS TOWING INC 262556 5/9/2024 280.67 068489 MCLOUGHLIN & EARDLEY GROUP INC 262557 5/9/2024 487.08 020039 MCMASTER-CARR SUPPLY CO 262558 5/9/2024 83.67 075746 MCMURRAY, LAURA 262559 5/9/2024 116.40 079571 MEDINA, IRENE 262560 5/9/2024 150.00 020900 MILLERS EQUIP & RENT ALL INC 262561 5/9/2024 431.14 079474 MITSUI, TREVOR 262562 5/9/2024 180.50 018950 NAPA AUTO PARTS 262563 5/9/2024 85.43 070855 NAVIA BENEFIT SOLUTIONS 262564 5/9/2024 1,242.80 024302 NELSON-REISNER 262565 5/9/2024 2,774.57 079454 NESS, JULIEANN 262566 5/9/2024 72.00 074866 NORTHWEST PLAYGROUND EQUIPMENT 262567 5/9/2024 298.35 076902 OCCUPATIONAL HEALTH CTR OF WA 262568 5/9/2024 123.00 026200 OLYMPIC VIEW WATER DISTRICT 262569 5/9/2024 590.88 027060 PACIFIC TOPSOILS 262570 5/9/2024 1,443.00 069873 PAPE MACHINERY INC 262571 5/9/2024 870.72 065051 PARAMETRIX INC 262572 5/9/2024 1,621.25 072507 PEACE OF MIND OFFICE SUPPORT 262573 5/9/2024 244.00 079337 PEORIA FORD 262574 5/9/2024 242,100.00 074793 PETDATA INC 262575 5/9/2024 572.00 071783 PIGSKIN UNIFORMS 262576 5/9/2024 689.61 079209 PLANIT GEO INC 262577 5/9/2024 7,229.00 028860 PLATT ELECTRIC SUPPLY 262578 5/9/2024 48.53 078800 POPA & ASSOCIATES 262579 5/9/2024 787.50 078925 PREMIER MEDIA GROUP INC 262580 5/9/2024 500.00 075769 QUADIENT LEASING USA INC 262581 5/9/2024 770.08 070789 QUALITY CONTROL SERVICES INC 262582 5/9/2024 404.88 070955 R&R STAR TOWING 262583 5/9/2024 280.92 062657 REGIONAL DISPOSAL COMPANY 262584 5/9/2024 1,036.70 079565 RIGOR, ROGELIO N 262585 5/9/2024 130.00 079019 ROOT AND LIMB YOGA 262586 5/9/2024 813.60 066964 SEATTLE AUTOMOTIVE DIST INC 262587 5/9/2024 269.44 070495 SEPULVEDA, PABLO 262588 5/9/2024 780.00 063306 SHERWIN-WILLIAMS 262589 5/9/2024 112.38 075590 SMARSH INC 262590 5/9/2024 137.64 Page: 2 Packet Pg. 105 apPosPay Positive Pay Listing 5/9/2024 1:05:21 PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 075543 SNO CO PUBLIC DEFENDER ASSOC 262591 5/9/2024 75,027.00 037375 SNO CO PUD NO 1 262592 5/9/2024 23,402.67 076433 SNOHOMISH COUNTY 911 262593 5/9/2024 82,827.93 037800 SNOHOMISH HEALTH DISTRICT 262594 5/9/2024 1,350.00 075875 SOUND CLEANING RESOURCES INC 262595 5/9/2024 1,209.00 038300 SOUND DISPOSAL CO 262596 5/9/2024 3,575.44 040917 TACOMA SCREW PRODUCTS INC 262597 5/9/2024 158.00 073621 TANIMURA, NAOAKI 262598 5/9/2024 3,283.20 066056 THE SEATTLE TIMES 262599 5/9/2024 1,000.00 079359 THE WALLS LAW FIRM INC 262600 5/9/2024 25,000.00 072649 THE WIDE FORMAT COMPANY 262601 5/9/2024 852.45 079547 TIETON CONSTRUCTION LLC 262602 5/9/2024 6,630.00 038315 TK ELEVATOR CORPORATION 262603 5/9/2024 5,468.67 068141 TRANSPO GROUP 262604 5/9/2024 13,253.75 079566 TWIN PIER LLC 262605 5/9/2024 820.00 079567 URBAN FORESTRY SERVICES 262606 5/9/2024 2,025.00 064423 USA BLUE BOOK 262607 5/9/2024 628.75 067865 VERIZON WIRELESS 262608 5/9/2024 192.57 069751 VESTIS 262609 5/9/2024 1,275.40 069751 VESTIS 262610 5/9/2024 402.29 067195 WASHINGTON TREE EXPERTS 262611 5/9/2024 1,326.00 078314 WASTE MGMT DISPOSAL SVC OF OR 262612 5/9/2024 103,687.38 075635 WCP SOLUTIONS 262613 5/9/2024 4,780.91 064800 WEHOP 262614 5/9/2024 271.60 064213 WSSUATREASURER 262615 5/9/2024 1,920.00 011900 ZIPLY FIBER 262616 5/9/2024 356.79 G randTotal: 1,372,641.73 Total count: 133 Page: 3 Packet Pg. 106 8.4 City Council Agenda Item Meeting Date: 05/21/2024 Approval of payroll and benefit checks, direct deposit and wire payments. Staff Lead: Kimberly Dunscombe Department: Administrative Services Preparer: Lori Palmer Background/History Approval of payroll check #66010 dated April 22, 2024 for $982.18, payroll checks #66011 through #66013 dated May 3, 2024 for $4926.84, direct deposit for $899,434.66, benefit checks #66014 through #66018 and wire payments for $811,998.86 for the pay period of April 16, 2024 through April 30, 2024 Staff Recommendation Approval of payroll and benefit checks, direct deposit and wire payments. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of payments. Attachments: 04-22-2024 payroll earning summary 04-16-2024 to 04-30-2024 payroll earnings summary report 04-16-2024 to 04-30-2024 benefit checks summary Packet Pg. 107 Hour Type Hour Class crt MISCELLANEOUS Payroll Earnings Summary Report City of Edmonds Pay Period: 1,171 (04/22/2024 to 04/22/2024) Description CERTIFICATION III PAY Hours Amount 0.00 1,152.94 0.00 $1,152.94 Total Net Pay: $982.18 8.4.a 05/02/2024 Packet Pg. 108 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,147 (04/16/2024 to 04/30/2024) Hour Type Hour Class Description Hours Amount 112 ABSENT NO PAY NON HIRED 53.00 0.00 118 ABSENT UNPAID L & 1 88.00 0.00 121 SICK SICK LEAVE 718.75 36,300.22 122 VACATION VACATION 998.25 54,894.31 123 HOLIDAY HOLIDAY HOURS 622.50 31,956.38 124 HOLIDAY FLOATER HOLIDAY 23.00 1,052.74 125 COMP HOURS COMPENSATORY TIME 208.25 10,760.15 128 HOLIDAY Holiday Bank WWTP 2.00 99.25 129 SICK Police Sick Leave L & 1 24.00 1,199.62 131 MILITARY MILITARY LEAVE 9.00 381.49 141 BEREAVEMENT BEREAVEMENT 14.00 937.53 150 REGULAR HOURS Kelly Day Used 141.00 7,326.07 155 COMP HOURS COMPTIME AUTO PAY 154.06 10,140.82 160 VACATION MANAGEMENT LEAVE 65.00 6,092.71 170 REGULAR HOURS COUNCIL BASE PAY 700.00 11,936.19 174 REGULAR HOURS COUNCIL PRESIDENTS PAY 0.00 341.00 175 REGULAR HOURS COUNCIL PAY FOR NO MEDICAL 0.00 5,356.68 190 REGULAR HOURS REGULAR HOURS 20,393.83 1,053,247.29 191 REGULAR HOURS FIRE PENSION PAYMENTS 2.00 2,931.80 195 REGULAR HOURS ADMINISTRATIVE LEAVE 88.00 8,480.75 196 REGULAR HOURS LIGHT DUTY 10.00 446.34 210 OVERTIME HOURS OVERTIME -STRAIGHT 6.00 261.18 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 3,414.09 216 MISCELLANEOUS STANDBY TREATMENT PLANT 4.00 531.22 220 OVERTIME HOURS OVERTIME 1.5 299.25 28,522.62 225 OVERTIME HOURS OVERTIME -DOUBLE 48.50 5,023.03 400 MISCELLANEOUS MISC PAY 0.00 100.00 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 835.01 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 3,109.87 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 1,188.12 602 COMP HOURS ACCRUED COMP 1.0 145.50 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 120.50 0.00 606 COMP HOURS ACCRUED COMP 2.0 8.50 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 356.67 8.4.b Z 05/02/2024 Packet Pg. 109 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,147 (04116/2024 to 04/30/2024) Hour Type Hour Class Description Hours Amount acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 255.71 anc REGULAR HOURS Ancilary Duty Pay 0.00 98.77 anc2 REGULAR HOURS Ancilary Duty Pay 0.00 1,725.66 anc3 REGULAR HOURS Ancilary Duty Pay 0.00 1,567.74 boc MISCELLANEOUS BOC II Certification 0.00 237.66 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 226.78 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 118.83 det4 MISCELLANEOUS Detective 4% 0.00 1,301.62 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 1,051.58 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 849.10 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 12,638.56 evap VACATION Exempt Vacation Premium 16.00 1,541.94 hol HOLIDAY HOLIDAY 20.00 1,753.83 k9 MISCELLANEOUS K-9 Assiqnment 0.00 414.20 Ian MISCELLANEOUS LANGUAGE PAY 0.00 450.00 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 1,185.98 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 1,325.47 Ig12 LONGEVITY Longevity 9% 0.00 1,619.24 Ig13 LONGEVITY Longevity 7% 0.00 1,518.56 Ig14 LONGEVITY Longevity 5% 0.00 1,158.46 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 166.92 Iq3 LONGEVITY PAY LONGEVITY 6% 0.00 289.83 Iq4 LONGEVITY Longevity 1% 0.00 1,235.21 Iq5 LONGEVITY Longevity 3% 0.00 3,267.97 Iq7 LONGEVITY Longevity 1.5% 0.00 586.38 pfmp ABSENT Paid Family Medical Unpaid/Sup 5.00 0.00 pfms SICK Paid FAMILY MEDICAL/SICK 7.00 406.86 phy MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 2,588.84 St REGULAR HOURS Serqeant Pay 0.00 246.44 str MISCELLANEOUS PSET Serqeant 0.00 246.44 tac MISCELLANEOUS TAC Officer 0.00 207.10 to MISCELLANEOUS Traininq Officer 0.00 207.10 traf MISCELLANEOUS Traffic Officer - Car 0.00 414.20 trafm MISCELLANEOUS Traffic Motorcyle 0.00 207.10 05/02/2024 Packet Pg. 110 Hour Type Hour Class vap VACATION Payroll Earnings Summary Report City of Edmonds Pay Period: 1,147 (04/16/2024 to 04/30/2024) Description Vacation Premium Hours 3.50 25,046.39 Total Net Pay: Amount 191.48 $1,328,524.71 $904,361.50 8.4.b 05/02/2024 Packet Pg. 111 8.4.c Benefit Checks Summary Report City of Edmonds Pay Period: 1,147 - 04/16/2024 to 04/30/2024 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 66014 05/03/2024 bpas BPAS 7,700.20 0.00 66015 05/03/2024 chap1 CHAPTER 13 TRUSTEE 175.00 0.00 66016 05/03/2024 icma MISSIONSQUARE PLAN SERVICES 6,315.51 0.00 66017 05/03/2024 flex NAVIA BENEFIT SOLUTIONS 5,363.01 0.00 66018 05/03/2024 afscme WSCCCE, AFSCME AFL-CIO 3,141.68 0.00 22,695.40 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3672 05/03/2024 pens DEPT OF RETIREMENT SYSTEMS 403,770.89 0.00 3674 05/03/2024 aflac AFLAC 3,183.90 0.00 3676 05/03/2024 mebt WTRISC FBO #N3177131 159,771.89 0.00 3677 05/03/2024 us US BANK 171,957.51 0.00 3679 05/03/2024 pb NATIONWIDE RETIREMENT SOLUTION 7,642.59 0.00 3680 05/03/2024 wadc WASHINGTON STATE TREASURER 42,672.18 0.00 3681 05/03/2024 oe OFFICE OF SUPPORT ENFORCEMENT 304.50 0.00 789,303.46 0.00 Grand Totals: 811,998.86 0.00 5/2/2024 Packet Pg. 112 8.5 City Council Agenda Item Meeting Date: 05/21/2024 Amending ECC 5.24.010 -Firearms and Dangerous Weapons Staff Lead: Commander Shane Hawley Department: Police Services Preparer: Alexandra Ehlert Background/History This ECC amendment adds several existing RCW's to ECC 5.24.010, relating to possession of Firearms and Dangerous Weapons. This amendment adopts by reference: RCW 9.41.284 Possessing dangerous weapons at voting facilities -penalty -exceptions. RCW 9.41.305 Open carry of weapons prohibited on state capitol grounds and municipal buildings. RCW 9.41.360 Unsafe storage of a firearm. RCW 9.41.370 Large capacity magazines -exceptions -penalty. Staff Recommendation Accept and modify Edmonds Municipal Code section 5.24.010, adding the selected sections of RCW 9.41 Narrative <Type or insert text here> Attachments: 2024-02-22 Ordinance Amending ECC 5.24 Firearms RCW's Packet Pg. 113 8.5.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 5.24.010 ECC, ENTITLED "FIREARMS AND DANGEROUS WEAPONS — PROHIBITIONS", TO ADOPT BY REFERENCE STATE STATUTES RELATED TO FIREARMS AND DANGEROUS WEAPONS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, in 1985 the City Council passed Ordinance 2531 to adopt by reference certain Washington state laws regarding crimes relating to firearms and dangerous weapons into the Edmonds City Code at Chapter 5.24; and 1991; and WHEREAS, ECC 5.24.010 has been amended twice since adoption, in 1987 and WHEREAS, the Police Department has recommended an update to ECC 5.24.010 to adopt by reference some state statutes that have been adopted since the City last updated its code; and WHEREAS, after review and discussion, the City Council has determined it to be appropriate to amend Section 5.24.010 ECC to adopt by reference RCW 9.41.284 (Possessing dangerous weapons at voting facilities —Penalty —Exceptions); RCW 9.41.305 (Open carry of weapons prohibited on state capitol grounds and municipal buildings); RCW 9.41.360 (Unsafe storage of a firearm); and RCW 9.41.370 (Large capacity magazines —Exceptions —Penalty); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section I. ECC 5.24.010, entitled "Firearms and dangerous weapons — Prohibitions." is amended as follows (deleted text is shown in stfik�=; new text is shown Packet Pg. 114 8.5.a in underline): 5.24.010 Firearms and dangerous weapons — Prohibitions. The following statutes of the state of Washington are adopted by reference: RCW 9.41.010 Terms defined 9.41.050 Carrying pistol 9.41.060 Exception 9.41.070 Issuance of licenses to carry 9.41.080 Delivery to minors and others forbidden 9.41.090 Sales regulated — Application to purchase — Grounds for denial 9.41.093 Exemptions 9.41.095 Denial of application — Appeal 9.41.098 Forfeiture of firearms, order by courts — Return to owner — Confiscation by law enforcement officer 9.41.100 Dealer's licenses, by whom granted and condition thereof —Wholesale sales excepted — Permits prohibited 9.41.110 Dealer's license — Local authority to issue 9.41.120 Certain transfers forbidden 9.41.130 False information forbidden 9.41.140 Alteration of identifying marks prohibited 9.41.150 Exemption — Antique firearms 9.41.160 Penalty 9.41.170 Alien's license to carry firearms — Exceptions Packet Pg. 115 8.5.a 9.41.180 Setting spring gun 9.41.230 Aiming or discharging weapon 9.41.240 Use of firearms by minor 9.41.250 Dangerous weapon — Evidence 9.41.260 Dangerous exhibitions 9.41.270 Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful — Penalty — Exceptions 9.41.280 Students carrying dangerous weapons on school property. 9.41.284 Possessing dangerous weapons at voting facilities—Penalty—Exce tip •ons. 9.41.300 Firearms prohibited in certain places — Local laws and ordinances, exceptions — Penalty 9.41.305 Open carry of weapons prohibited on state capitol grounds and municipal buildings. 9.41.360 Unsafe storage of a firearm. v N Uti 9.41.370 Large capacity magazines —Exceptions —Penalty. V w c Section 2. Severability. If any section, sentence, clause or phrase of this E ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, Q m v such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other c section, sentence, clause or phrase of this ordinance. O N N Section 3. Effective Date. This ordinance, being an administrative function , N --- commented [sF1]: Do we want believe to be so days c subject to initiative/referendum? � N of the city council, is not subject to referendum and shall take effect five (5) days after passage N and publication of an approved summary thereof consisting of the title. y E t w r Q Packet Pg. 116 8.5.a APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 117 8.5.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of 2024, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 5.24.010 ECC, ENTITLED "FIREARMS AND DANGEROUS WEAPONS — PROHIBITIONS", TO ADOPT BY REFERENCE STATE STATUTES RELATED TO FIREARMS AND DANGEROUS WEAPONS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of 2024. CITY CLERK, SCOTT PASSEY Packet Pg. 118 8.5.b Possessing dangerous weapons at voting facilities —Penalty — Exceptions. (1) Except as provided in subsections (3) and (4) of this section, it is unlawful for a person to knowingly carry onto, or to possess in, a ballot counting center, a voting center, a student engagement hub, or the county elections and voter registration office, or areas of facilities while being used as a ballot counting center, a voting center, a student engagement hub, or the county elections and voter registration office: (a) Any firearm; (b) Any other dangerous weapon as described in RCW 9.41.250; (c) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; (d)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun that projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or (ii) Any device, object, or instrument that is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse; or (e) Any spring blade knife as defined in RCW 9.41.250. (2)(a) A person who violates subsection (1) of this section is guilty of a misdemeanor. (b) Second and subsequent violations of this section are a gross misdemeanor. (c) If a person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any, revoked for a period of three years. Anyone convicted under subsection (1)(a) of this section is prohibited from applying for a concealed pistol license for a period of three years from the date of conviction. The court shall order the person to immediately surrender any concealed pistol license, and within three business days notify the department of licensing in writing of the required revocation of any concealed pistol license held by the person. Upon receipt of the notification by the court, the department of licensing shall determine if the person has a concealed pistol license. If the person does have a concealed pistol license, the department of licensing shall immediately notify the license -issuing authority which, upon receipt of the notification, shall immediately revoke the license. (3) Subsection (1) of this section does not apply to: Packet Pg. 119 8.5.b (a) Any law enforcement officer of a federal, state, or local government agency; or (b) Any security personnel hired by a county and engaged in security specifically for a counting center, a voting center, a student engagement hub, or the county elections and voter registration office or areas of facilities used for such purposes. However, a person who is not a commissioned law enforcement officer and who provides elections and voter registration security services under the direction of a county may not possess a firearm or device listed in subsection (1)(d) of this section unless he or she has successfully completed training in the use of firearms or such devices that is equivalent to the training received by commissioned law enforcement officers. (4) Subsection (1) of this section does not prohibit concealed carry of a pistol, by a person licensed to carry a concealed pistol pursuant to RCW 9.41.070, in any voting center, student engagement hub, county elections and voter registration office, or areas of facilities while being used as a voting center, student engagement hub, or county elections and voter registration office. However, no weapon restricted by this section, whether concealed or openly carried, may be possessed in any ballot counting center or areas of facilities while being used as a ballot counting center. (5) Elections officers and officials must post signs providing notice of the restriction on possession of firearms and other weapons at each counting center, voting center, student engagement hub, or county elections and voter registration office, or areas of facilities while being used as a counting center, a voting center, a student engagement hub, or the county elections and voter registration office. (6) For the purposes of this section: (a) "Ballot counting center" has the same meaning as "counting center" in RCW 29A.04.019, and (b) "Voting center" means a voting center as described in RCW 29A.40.160; (c) "Student engagement hub" means a student engagement hub as described in RCW 29A.40.180. [ 2023 c 470 § 3005; 2022 c 106 § 3.] NOTES: Explanatory statement-2023 c 470: See note following RCW 10.99.030. Packet Pg. 120 8.5.b Open carry of weapons prohibited on state capitol grounds and municipal buildings. (1) Unless exempt under subsection (3) of this section, it is unlawful for any person to knowingly open carry a firearm or other weapon, as defined in RCW 9.41.300(1)(b), while knowingly being in the following locations: (a) The west state capitol campus grounds; any buildings on the state capitol grounds; any state legislative office; or any location of a public state legislative hearing or meeting during the hearing or meeting; or (b) City, town, county, or other municipality buildings used in connection with meetings of the governing body of the city, town, county, or other municipality, or any location of a public meeting or hearing of the governing body of a city, town, county, or other municipality during the hearing or meeting. (2) For the purposes of this section: (a) "Buildings on the state capitol grounds" means the following buildings located on the state capitol grounds, commonly known as Legislative, Temple of Justice, John L. O'Brien, John A. Cherberg, Irving R. Newhouse, Joel M. Pritchard, Helen Sommers, Insurance, Governor's Mansion, Visitor Information Center, Carlyon House, Ayer House, General Administration, 1500 Jefferson, James M. Dolliver, Old Capitol, Capitol Court, State Archives, Natural Resources, Office Building #2, Highway -License, Transportation, Employment Security, Child Care Center, Union Avenue, Washington Street, Professional Arts, State Farm, and Powerhouse Buildings. (b) "Governing body" has the same meaning as in RCW 42.30.020. (c) "West state capitol campus grounds" means areas of the campus south of Powerhouse Rd. SW, south of Union Avenue SW as extended westward to Powerhouse Rd. SW, west of Capitol Way, north of 15th Avenue SW between Capitol Way S. and Water Street SW, west of Water Street between 15th Avenue SW and 16th Avenue SW, north of 16th Avenue SW between Water Street SW and the east banks of Capitol Lake, and east of the banks of Capitol Lake. (3) Duly authorized federal, state, or local law enforcement officers or personnel are exempt from this section when carrying a firearm or other weapon in conformance with their employing agency's policy. Members of the armed forces of the United States or the state of Washington are exempt from this section when carrying a firearm or other weapon in the discharge of official duty or traveling to or from official duty. (4)(a) A person violating this section is guilty of a misdemeanor. (b) Second and subsequent violations of this section are a gross misdemeanor. Packet Pg. 121 8.5.b (5) Nothing in this section applies to the lawful concealed carry of a firearm by a person who has a valid concealed pistol license. (6) A city, town, county, or other municipality must post signs providing notice of the restrictions on possession of firearms and other weapons under this section at any locations specified in subsection (1)(b) of this section. [ 2023 c 470 § 3006; 2022 c 106 § 2; 2021 c 261 § 2.] NOTES: Explanatory statement-2023 c 470: See note following RCW 10.99.030. Effective date-2021 c 261: See note following RCW 9.41.300. Packet Pg. 122 8.5.b Unsafe storage of a firearm. (1) A person who stores or leaves a firearm in a location where the person knows, or reasonably should know, that a prohibited person may gain access to the firearm: (a) Is guilty of community endangerment due to unsafe storage of a firearm in the first degree if a prohibited person obtains access and possession of the firearm and causes personal injury or death with the firearm; or (b) Is guilty of community endangerment due to unsafe storage of a firearm in the second degree if a prohibited person obtains access and possession of the firearm and: (i) Causes the firearm to discharge; (ii) Carries, exhibits, or displays the firearm in a public place in a manner that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons; or (iii) Uses the firearm in the commission of a crime. (2)(a) Community endangerment due to unsafe storage of a firearm in the first degree is a class C felony punishable according to chapter 9A.20 RCW. (b) Community endangerment due to unsafe storage of a firearm in the second degree is a gross misdemeanor punishable according to chapter 9A.20 RCW. (3) Subsection (1) of this section does not apply if: (a) The firearm was in secure gun storage, or secured with a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm; (b) In the case of a person who is a prohibited person on the basis of the person's age, access to the firearm is with the lawful permission of the prohibited person's parent or guardian and supervised by an adult, or is in accordance with RCW 9.41.0421 (c) The prohibited person obtains, or obtains and discharges, the firearm in a lawful act of self-defense; or (d) The prohibited person's access to the firearm was obtained as a result of an unlawful entry, provided that the unauthorized access or theft of the firearm is reported to a local law enforcement agency in the jurisdiction in which the unauthorized access or theft occurred within five days of the time the victim of the unlawful entry knew or reasonably should have known that the firearm had been taken. (4) If a death or serious injury occurs as a result of an alleged violation of subsection (1)(a) of this section, the prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where Packet Pg. 123 8.5.b prosecution would serve no public purpose or would defeat the purpose of the law in question. (5) For the purposes of this section, "prohibited person" means a person who is prohibited from possessing a firearm under state or federal law. (6) Nothing in this section mandates how or where a firearm must be stored. [ 2019 c 3 § 5 (Initiative Measure No. 1639, approved November 6, 2018).] NOTES: Finding-2019 c 3 (Initiative Measure No. 1639): "Gun violence is far too common in Washington and the United States. In particular, shootings involving the use of semiautomatic assault rifles have resulted in hundreds of lives lost, devastating injuries, and lasting psychological impacts on survivors, their families, and communities. Semiautomatic assault rifles are specifically designed to kill quickly and efficiently and have been used in some of the country's deadliest mass shootings, including in Newtown, Connecticut; Las Vegas, Nevada; and Parkland and Orlando, Florida, among others. Semiautomatic assault rifles have also been used in deadly shootings in Washington, including in Mukilteo and Tacoma. The impacts of gun violence by assault weapons fall heavily on children and teenagers. According to one analysis, more than two hundred eight thousand students attending at least two hundred twelve schools have experienced a shooting on campus since the Columbine mass shooting in 1999. Active shooter drills are normal for a generation of American schoolchildren, instilling at a young age the sad and unnecessary realization that a mass shooting can happen in any community, in any school, at any time. Enough is enough. The people find and declare that it is crucial and urgent to pass laws to increase public safety and reduce gun violence. Implementing an enhanced background check system for semiautomatic assault rifles that is as strong as the one required to purchase a handgun and requiring safety training and a waiting period will help ensure that we keep these weapons out of dangerous hands. Further, federal law prohibits the sale of pistols to individuals under the age of twenty-one and at least a dozen states further restrict the ownership or possession of firearms by individuals under the age of twenty-one. This makes sense, as studies show that eighteen to twenty year olds commit a disproportionate number of firearm homicides in the United States and research indicates that the brain does not fully mature until a later age. Raising the minimum age to purchase semiautomatic assault rifles to twenty-one is a commonsense step the people wish to take to increase public safety. Finally, firearms taken from the home by children or other persons prohibited from possessing firearms have been at the heart of several tragic gun violence incidents. One study shows that over eighty-five percent of school Packet Pg. 124 8.5.b shooters obtained the firearm at their home or from a friend or relative. Another study found that more than seventy-five percent of firearms used in youth suicide attempts and unintentional injuries were stored in the residence of the victim, a relative, or a friend. Secure gun storage requirements for all firearms will increase public safety by helping ensure that children and other prohibited persons do not inappropriately gain access to firearms, and notice requirements will make the potential dangers of firearms clear to purchasers. Therefore, to increase public safety for all Washingtonians, in particular our children, this measure would, among other things: Create an enhanced background check system applicable to semiautomatic assault rifles similar to what is required for handguns, require that individuals complete a firearm safety training course and be at least twenty-one years of age to purchase or possess such weapons, enact a waiting period for the purchase of such weapons, and establish standards for the responsible storage of all firearms." [ 2019 c 3 § 1 (Initiative Measure No. 1639, approved November 6, 2018)] Short title-2019 c 3 (Initiative Measure No. 1639): "This act may be known and cited as the public safety and semiautomatic assault rifle act." [ 2019 c 3 § 2 (Initiative Measure No. 1639, approved November 6, 2018).] Effective dates-2019 c 3 (Initiative Measure No. 1639): "This act takes effect July 1, 2019, except for section 13 of this act which takes effect January 1, 2019." [ 2019 c 3 § 17 (Initiative Measure No. 1639, approved November 6, 2018).] Implementation-2019 c 3 (Initiative Measure No. 1639): "The director of the department of licensing may take the necessary steps to ensure that this act is implemented on its effective date." [ 2019 c 3 § 18 (Initiative Measure No. 1639, approved November 6, 2018)] Packet Pg. 125 8.5.b Large capacity magazines —Exceptions —Penalty. (1) No person in this state may manufacture, import, distribute, sell, or offer for sale any large capacity magazine, except as authorized in this section. (2) Subsection (1) of this section does not apply to any of the following: (a) The manufacture, importation, distribution, offer for sale, or sale of a large capacity magazine by a licensed firearms manufacturer for the purposes of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes; (b) The importation, distribution, offer for sale, or sale of a large capacity magazine by a dealer that is properly licensed under federal and state law for the purpose of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes; (c) The distribution, offer for sale, or sale of a large capacity magazine to or by a dealer that is properly licensed under federal and state law where the dealer acquires the large capacity magazine from a person legally authorized to possess or transfer the large capacity magazine for the purpose of selling or transferring the large capacity magazine to a person who does not reside in this state. (3) A person who violates this section is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. [ 2022 c 104 § 3.] NOTES: Findings —Intent —Effective date-2022 c 104: See notes following RCW 9.41.010. Packet Pg. 126 8.6 City Council Agenda Item Meeting Date: 05/21/2024 Amendment to the Fiber Consortium Interlocal Agreement Staff Lead: Brian Tuley Department: Information Services Preparer: Scott Passey Background/History The City of Edmonds is in a long term interlocal agreement between The City of Seattle, University of Washington, Seattle Community College, Seattle Public Schools, the NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA), WSDOT, the FBI, and the City of Shoreline. This group is known as the regional "Fiber Consortium". This agreement has been in place at least 15 years. Staff Recommendation Per the PPW Committee recommendation, approve ILA amendment as part of the consent agenda. Narrative The City of Edmonds owns fiber that runs along Highway 99 into Seattle. The agreement allows the City of Seattle to maintain that fiber run and distributes the cost across member agencies. The City of Edmonds received a request to update the interlocal agreement to include additional member organizations to the consortium. Additional agencies should reduce individual costs for each member. Attachments: Seattle Fiber Partners Agreement Addundum 64 St GA 004-24 PSERN and National Parks Packet Pg. 127 8.6.a SEATTLE FIBER PARTNERS AGREEMENT Amendment 64 Sound Transit Agreement #ST-GA 0044-24 Addition of Sound Transit, the Public Safety Emergency Radio Network, and National Parks as a Seattle Fiber Partner THIS AMENDMENT TO THE INTER -AGENCY FIBER AGREEMENT is executed on the dates shown below, by and between the following public agencies: THE CITY OF SEATTLE, a municipal corporation organized and existing under the laws of the State of Washington, KING COUNTY, UNIVERISTY OF WASHINGTON (an agency of the State of Washington), SEATTLE COMMUNITY COLLEGE DISTRICT VI (an agency of the State of Washington), the SEATTLE PUBLIC SCHOOLS, the NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA), WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (an agency of the State of Washington), FEDERAL BUREAU OF INVESTIGATION, CITY OF EDMONDS, CITY OF SHORELINE, (hereinafter "Participating Agencies"). WITNESSETH: WHEREAS, the City of Seattle has adopted a resolution encouraging the development of projects to share in the installation of fiber optic systems with other public agencies; and WHEREAS, the CITY OF SEATTLE, a municipal corporation organized and existing under the laws of the State of Washington, KING COUNTY ("KC"), UNIVERISTY OF WASHINGTON ("UW"), SEATTLE COMMUNITY COLLEGE DISTRICT VI ("SCCD"), the SEATTLE PUBLIC SCHOOLS ("SPS"), the NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ("NOAA/PMEL"), WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (an agency of the State of Washington), FEDERAL BUREAU OF INVESTIGATION ("FBI"), CITY OF EDMONDS, and CITY OF SHORELINE have previously executed an agreement to construct telecommunications systems utilizing fiber optic cable as the transmission medium ("Executed Agreement"); and WHEREAS, SOUND TRANSIT ("ST"), the PUBLIC SAFETY EMERGENCY RADIO NETWORK ("PSERN"), and NATIONAL PARKS ("NP") has expressed an interest in becoming a Participating Agency in various projects: and WHEREAS, PSERN has been using the fiber installed and paid for by the KC-PSERN Project. KING COUNTY and PSERN would like to transfer ownership and the maintenance costs of these fibers from KING COUNTYto PSERN. See Exhibit B. WHEREAS, NATIONAL PARKS (NP) was using fiber under GENERAL SERVICES ADMINISTRATION (GSA). GSA no longer needs their fiber. GSA and NATIONAL PARKS would like to transfer ownership and SEATTLE FIBER PARTNERS AGREEMENT_ADDENDUM_64_ST-GA 0044-24_PSERN_AND_NATIONAL PARKS Page 1 of 4 Packet Pg. 128 8.6.a maintenance costs for the fiber circuit from the Federal Building to the Klondike Museum to NATIONAL PARKS. See Exhibit C. WHEREAS, the Participating Agencies to the Executed Agreements are willing, to the extent they may lawfully do so and subject to the terms and conditions hereinafter set forth, to share fiber optic installations and include the addition of SOUND TRANSIT, PSERN, and NATIONAL PARKS as Participating Agencies; and WHEREAS, THE Participating Agencies recognize the benefits of such an arrangement and have, to all Parties; satisfaction, agreed as to the following terms and conditions, including sufficient consideration; NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties to this agreement hereby agree and covenant as follows: The Participating Agencies to the Executed Agreements agree to include SOUND TRANSIT, PSERN, and NATIONAL PARKS as additional Participating Agencies. SOUND TRANSIT, PSERN, and NATIONAL PARKS hereby agree to the attached General Terms and Conditions, Ordinance 117981 (Exhibit A), of previous Executed Agreements and the terms and conditions of this Amendment. W ITN ESS ETH : WHEREAS, the City of Seattle has adopted a resolution encouraging the development of projects to share the installation costs of fiber optic systems with other public agencies; and WHEREAS, the City of Seattle, will sell spare strands of fiber to other public agencies, subject to the General Terms and Conditions approved in Ordinance 117981 (Exhibit A); and WHEREAS, the Participating Agencies recognize the benefits of such an arrangement and to all the Parties' satisfaction, agree as to the following terms and conditions, including sufficient consideration: IN WITNESS WHEREOF, THE PARTIES HERETO EXECUTE THIS 64T" AMENDMENT CITY OF EDMONDS By: Printed Name: Mike Rosen Title: M Date: Email: Brian Tuley, Brian.Tuley@edmondswa.gov (delegate) CITY OF SHORELINE By: Printed Name: Bristol Ellington Title: City Manager Date: Email: Euneka Richards, erichards@shorelinewa.com (delegate) SEATTLE FIBER PARTNERS AGREEMENT_ADDENDUM_64_ST-GA 0044-24_PSERN_AND_NATIONAL PARKS Page 2 of 4 Packet Pg. 129 8.6.a CITY OF SEATTLE J +. cyA-1 By: Tracye Cantrell (Apr 1, 2024 14:21 PDT Printed Name: Jim Loter Title: Interim Chief Technology Officer and Director of the Department of Information Technology Date: 04/01/2024 Email: Jeremy Doane, jeremy.doane@seattle.gov (delegate) KING COUNTY By: Lori Dickneite (Apr 3, 202412:41 PDT) Printed Name: Lori Dickneite Title: Production OFS Service Owner Date: 04/03/2024 Email: Hanker Su, hanker.su@kcmetro.gov (delegate) NATIONAL PARKS Bert J. Gallegos By: Bert J Gallegos Ixpr I, 202= l4 MDT Printed Name: Bert Gallegos Title: Soace Management Specialist Date: 04/01/2024 Email: Bert Gallegos, Bert_Gallegos@nps.gov FEDERAL BUREAU OF INVESTIGATION By: Printed Name: Nakia Title: Administrative Officer Date: Email: Nakia Ray, nlrav@fbi.gov NATIONAL OCEANIC AND ATMOSPHERIC ADMINSTRATION kobel't Secvt Robert Sears (May 1, 2024 15:37 AKDT) By: Printed Name: Robert Sears Title: Director, NOAA N-Wave Date: 05/01/2024 Email: Tran Nguyen, tran.h.nguyen@noaa.gov (delegate) PUBLIC SAFETY AND EMERGENCY RADIO NETWORK / By: Printed Name: Mike Webb Title: PSERN Executive Director Date: 04/01/2024 Email: Mike Webb, mike.webb@psern.org SEATTLE FIBER PARTNERS AGREEMENT_ADDENDUM_64_ST-GA 0044-24_PSERN_AND_NATIONAL PARKS Page 3 of 4 E r_ E a Packet Pg. 130 8.6.a r SEATTLE COMMUNITY COLLEGE DISTRICT VI f�h#ew �Sma f2hSW�m By: Andrew Svansen(Apr 1, 202411:39 PDT) Printed Name: Andrew Swansen Title: Director, Networks and Security/CISO Date: 04/01/2024 Email: Andrew Swansen, Andrew.Swansen@Seattlecolleges.edu SOUND TRANSIT jAfoil Weiss By: Jason Weiss (Apr 3, 202413:35 PDT) Printed Name: Jason Weiss Title: CIO Date: 04/03/2024 Email: Carlos Arias, carlos.arias@soundtransit.org (delegate) WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By: �_�_ Printed Name: Matt Madarelli Title: Contracting Mgr Date: 04/01/2024 Email: Glenn Darby, darbyg@wsdot.wa.gov (delegate) SEATTLE PUBLIC SCHOOLS By: Printed Name: Jay A McSweeney Title: Director of Technology Infrastructure Date: Email: Eric Kinzel, ea.Kinzel@seattleschools.org (delegate) UNIVERISTY OF WASHINGTON By: Alissa Mahar (Apr 3, 202414:20 PDT) Printed Name: Alissa Mahar Title: Associate Vice President Operations, UW-IT Date: 04/03/2024 Email: Brenda Jones, brendaj@uw.edu (delegate) Exhibit A: General Terms and Conditions Exhibit B: KC Transferring Fiber Ownership to PSERN Exhibit C: GSA Transferring Fiber Ownership to National Parks SEATTLE FIBER PARTNERS AGREEMENT_ADDENDUM_64_ST-GA 0044-24_PSERN_AND_NATIONAL PARKS Page 4 of 4 E 0 w _ 0 V a� ii m t 0 r Q E c d E Q Packet Pg. 131 1 8.6.a Seattle Fiber One Partnership Addendum 64 - SEATTLE FIBER PARTNERS AGREEMENT_ADDENDUM_64_ST- GA 0044-24_PSERN_AND_NATIONAL_PARKS Exhibit A - General Terms and Conditions GENERAL TERMS and CONDITIONS For Sharing of Fiber Optic Installation Projects Packet Pg. 132 8.6.a TABLE OF CONTENTS z . DEFINITIONS 1 II. RELATIONSHIPS AMONG PARTICIPATING AGENCIES.............................................7 A. FIBER OPTIC PROJECT AGREEMENTS................................................................7 B. PRINCIPLES................................................................................................................7 C. GENERAL PLANNING, ENGINEERING AND DESIGN CONSIDERATIONS...................................................................................................8 D. CHANGE ORDERS..................................................................................................10 E. OWNERSHIP OF FIBER OPTIC CABLE...............................................................10 F. USE OF FIBERS................................................................................. .10 G. SALE OF FIBERS...................................................................................................10 H. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGENCIES........................................................................ I I I. TAXES........................................................................................................................11 J. PAYMENTS ...............................................................................................................II III. RELATIONSHIP AMONG PARTICIPATING AGENCIES AND THE LEAD AGENCY................................................................................................................................12 A. GENERAL RESPONSIBILITY OF LEAD AGENCY............................................12 B. INSTALLATION................................................................................................. .12 C. MAINTENANCE AND REPAIR RESPONSIBILITIES.........................................13 D. FINANCIAL REIMBURSEMENTS AND OTHER PAYMENTS TO BE PROVIDED TO THE LEAD AGENCY.................................................................13 E. LEAD AGENCY'S NONCOMPLIANCE.................................................................14 F. AUDIT............................................................................................................... .14 G. LIMITATION OF LIABILITY................................................................................14 H. INDEMNIFICATION................................................................................................14 IV. RELATIONSHIP WITH FACILITY OWNERS.................................................................15 A. PRINCIPLES FOR USE OF CITY OF SEATTLE FACILITIES ............................15 B. APPROVALS........................................................................................................... .15 C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS ....................... ............16 D. ACCESS TO AND USE OF FACILITIES................................................................16 E. BUILDING ENTRANCES........................................................................................17 F. MODIFICATIONS TO FACILITIES............................................................. ...17 G. RELOCATION OF FIBER OPTIC CABLE.............................................................17 H. PAYMENT TO FACILITY OWNERS.....................................................................18 I. LIMITATION OF LIABILITY................................................................................19 J. RIGHTS OF PROPERTY.......................................................................................... 19 K. INDEMNIFICATION................................................................................................20 L. DEFAULT..................................................................................................................20 V. RELATIONSHIP BETWEEN LEAD AGENCY AND CONTRACTORS .......................21 A. RESPONSIBILITY.............................................................................................. .21 B. APPROVALS.............................................................................................................21 C. INSURANCE............................................................................................................22 D. BOND.........................................................................................................................25 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 133 8.6.a E. NONDISCRIMINATION AND AFFIRMATIVE ACTION....................................25 F. WOMEN'S AND MINORITY BUSINESS UTILIZATION....................................26 VI. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ALL FIBER OPTIC PROJECT AGREEMENTS......................................................................................26 A. LAWS, LICENSES, AND PERMITS.......................................................................26 B. PERFORMANCE STANDARDS.............................................................................27 C. SUBJECT TO LAWS................................................................................................27 D. TERM.........................................................................................................................28 E. TERMINATION.........................................................................................................28 F. FORCE MAJEURE....................................................................................................28 G. NO WAIVER..............................................................................................................29 H. SEVERABILITY........................................................................................................29 I. RIGHTS CUMULATIVE..........................................................................................29 J. CONTRACTUAL RELATIONSHIP........................................................................30 K. HEADINGS................................................................................................................30 L. APPLICABLE LAW AND VENUE.........................................................................30 M. BINDING EFFECTS..................................................................................................30 N. ASSIGNMENT..........................................................................................................30 O. NOTICES....................................................................................................................30 P. NON-EXCLUSIVITY................................................................................................30 Q. MODIFICATION OR AMENDMENT.....................................................................31 R. ATTORNEY FEES AND COSTS............................................................................31 S. ARBITRATION/MEDIATION.................................................................................31 EXHIBIT A - CITY OF SEATTLE FACILITIES............................................................... A ] -A3 EXHIBIT B - SEATTLE CITY LIGHT FACILITIES ........................ . ADDENDUM l: AUTHORIZING USE OF CITY OF SEATTLE UNDERGROUND OR TRANSMISSION FACILITIES ........................ ADDENDUM 2: SPECIAL TERMS AND CONDITIONS FOR AGREEMENTS WITH THE UNITED STATES GOVERNMENT......... . Addendum 1-1 - 1-3 Addendum 2-1 - 2-4 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 134 8.6.a I. DEFINITIONS Whenever used in this Agreement with initial letters capitalized, the following terns shall have the following specified meanings, unless the context clearly requires a different meaning: A. Building Entrance Conduit or Conduits usually connecting a Vault, Handhole, or Maintenance Hole in the public right-of-way to a building. B. Building or Location Served By Fiber Optic System Any Facility, location, building, or structure where the Participating Agencies terminate any Fiber Optic Cable for use by the Participating Agencies. C. Building Vault A vault located substantially within a building and subject to uniform building and fire codes. D. City Buildings Structures owned, leased, and/or occupied or partially occupied by City employees, and/or equipment. E. City Light Department Conduit Conduit designed to house conductors or cables owned by the City Light Department and for which City Light has authority to control access and use. F. Common Fiber Spares Fiber strands installed as part of a Fiber Optic Project held in reserve solely for replacement of disabled fibers. G. Conduit Enclosed runway or tube designed to house cables for their protection (same as Duct). Terms and Conditlons for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 135 8.6.a H. Dark Fiber An optical fiber strand not coupled to an optical light source. I. Dead-end Tower A structure designed and constructed to terminate electrical transmission or distribution circuits. J. Dielectric Cable Fiber Optic Cable which is entirely composed of non -electrical current conducting elements (i.e., non-metallic). K. Duct Enclosed runway or tube designed to house cables for their protection (same as Conduit). L. Duct Bank Two or more parallel Ducts usually enclosed in a concrete envelope. M. Facility or Facilities A structure including but not limited to: Buildings, Vaults, Maintenance Holes, Handholes, Conduit, Building Entrances, Substations, transmission towers, and distribution poles. N. Facility Manager 2 E t= 0 c 0 U L LL as 0 c a� E c a) E a Terms and Conditions for sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 136 8.6.a The person designated by the Facility Owner to manage the Facility, including granting access, determining and approving its use and terms and conditions for such use. O. Facility Owner The entity that is the legal owner of a Facility or Facilities or the entity holding the legal right to grant permission to occupy, use or modify Facilities. P. Fiber Optic Cable A cable installed by the Participating Agencies pursuant to this Agreement that is composed of strands of glass fiber, each strand which is designed to conduct signals of modulated light (optical signals) from one end to the other. Q. Fiber Optic Project The activities associated with the installation of fiber optic transmission materials, including cable, splices, inner duct, sleeves, etc. R. Fiber Optic Project Agreement An agreement for a specific Fiber Optic Project with Participating Agencies that specifies the contractual relationships between and among the participants. S. Fiber Strand or Strand of Fiber A thin transparent fiber of glass enclosed by a material of a lower index of refraction that reflects light throughout its length by internal reflections. T. Handhole An underground structure (usually concrete) providing an opening in a Conduit in which workers may reach into but usually do not enter for the purposes of installation and maintenance of cable. U. Indirect Costs Indirect costs are costs determined in accordance with a Participating Agency's standard methodology for computing indirect costs. Indirect costs shall include costs of labor, benefits, equipment usage, miscellaneous 3 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 137 8.6.a materials, material handling, and administrative and general charges. This definition also applies to Facility Owner indirect costs. V. Lead Agency The designee of the Participating Agencies by their mutual consent in a Fiber Optic Project Agreement responsible for managing fiber installation projects, including entering into construction contracts and overseeing the construction work for the Participating Agencies and ongoing maintenance of the project(s). W. Make -Ready Work Any and all planning, analysis, design, review, adjustment to equipment, construction, and/or other activities (such as tree trimming) necessary to prepare existing Facilities for use by the Lead Agency as determined by the Facility Owner. X. Maintenance Hole An underground structure (usually concrete) which workers may enter for the purposes of installation and maintenance of cable. Y. Optical Ground Wire A composite electrical conductor expressly designed and manufactured to enclose optical fibers for telecommunications and for installation as a shield wire on transmission towers to provide light((ning protection. Z. Overhead Distribution Facilities Electrical conductors, structures and related equipment designed and utilized to transport electricity to City Light Department customers. Primary distribution voltage levels are usually in the range of 4KV to 34.5KV. AA. Overhead Transmission Facilities Electrical conductors, structures and related equipment designed or utilized for bulk transportation of electricity between two end points, usually Substations. Structures may be of wood or steel. Transmission voltage levels on the City Light Department system are primarily 115KV or 230KV. BB. Participating Agency Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 138 8.6.a A public agency that has signed an agreement to engage in a shared Fiber Optic Project. CC. Safety Observer A person or persons assigned to watch over Work activities in, on, or around electrical Facilities for the purposes of protecting workers from electrical hazards and ensuring electrical Facility integrity. DD. Seattle Facilities Those Facilities owned, managed, occupied by a City of Seattle Department or Division, including but not limited to Seattle City Light, Seattle City Water, Seattle Department of Administrative Services. EE. Splice The point where two separate optical fiber strands are joined together either mechanically or by fusion to make one continuous optical fiber strand. FF. Substation An electrical power facility where electrical voltage is transformed, controlled, monitored and routed. GG. Telecommunications Cable A fiber optic, coaxial, multi -pair, copper, low -voltage cable or any other cable utilized for telecommunications of information from one place to another. HH. Telecommunications Service(s) Telecommunications service(s) is the transmission of information over Fiber Strands from one location to another (not including services provided between two areas within the same building) meeting industry accepted transmission standards, their equivalent or replacement service. Such information includes but is not limited to voice, data, pictures, and facsimile. Telecommunication service(s) does not include Dark Fiber or services other than transmission services. II. Termination Panel Non -electronic equipment which is used to attach the ends of each of the 5 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 139 8.6.a individual fibers from a fiber optic cable. This panel serves as a junction between the fibers of a Fiber Optic Cable and electronic equipment that is to be connected to the fibers. JJ. Underground Facilities Facilities situated beneath the surface of the ground, a roadway, or the water including, but not limited to, Building Entrances, Conduits, Ducts, Duct Banks, Handholes, Maintenance Holes, Vaults, and electrical conductors, but not including Facilities located inside buildings or facilities treated as Overhead Transmission Facilities or as Overhead Distribution Facilities in agreements between the City of Seattle and other entities. KK. Utilidors Utility tunnels maintained by the City of Seattle. LL. Vault An underground or in -building structure (usually concrete) used to house transformers, its appendages and electrical cables. MM. Work All activities related to the planning, right-of-way acquisition, scheduling, analysis, design, engineering, preparation, installation, evaluation, maintenance, repair and operation of a Fiber Optic Project in or on Facilities as it relates to this Agreement including Make -Ready Work but not including work done prior to the execution of a Fiber Optic Project Agreement. Terms and Conditions for sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 140 8.6.a II. RELATIONSHIPS AMONG PARTICIPATING AGENCIES A. FIBER OPTIC PROJECT AGREEMENTS All fiber optic installation projects among Participating Agencies shall have a Fiber Optic Project Agreement specifying the following; including contact names and addresses where appropriate. Participating Agencies Lead Agency and Project Manager Route Facilities to be Used; Facility Owners; and the Facility Manager(s) Project Budget, including Contingency and Terms of Cost Sharing - Apportionment of Liability - Project Schedule - Changes or Addenda to General Terms and Conditions - Bond and Insurance Requirements for Contracting and Participating Agencies The General Terms and Conditions for Sharing Fiber Optic Installation Projects shall be an attachment to each Fiber Optic Project Agreement. B. PRINCIPLES Agreements among the Participating Agencies for sharing of Fiber Optic Projects shall conform to the following principles: Participation in Fiber Optic Projects is voluntary and can depend on specific cable routes. 2. Arrangements for cooperation should be fair and equitable among Participating Agencies. As a general principle, agreements among Participating Agencies, where each have a share of project control, should share costs proportionately based on each share of the fiber strands deployed. Any special configuration, such as a routing change to accommodate a particular entity, should be paid for in whole by such entity. If a Facility Owner requires a route change due to Facility access, the costs of such a change shall be considered general project costs and not the sole responsibility of the Facility Owner as a Participating Agency. 7 Terms and Condi ions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 141 8.6.a In projects where a Participating Agency desires fiber for future use and does not participate in the route design, engineering, or terminations, such Participating Agency may be considered secondary. Costs may be allocated to a secondary Participating Agency on an incremental basis. C. GENERAL PLANNING, ENGINEERING AND DESIGN CONSIDERATIONS Upon execution of a Fiber Optic Project Agreement, the Participating Agencies shall develop, review and/or revise planning, engineering, design, installation, and maintenance procedures for the Fiber Optic Project. The procedures will be subject to the approval of the Participating Agencies and of the Facility Owners as specified in Section IV and in related Exhibits and Addenda. The procedures will be substantially similar to the following: Perform Feasibility Review An agency with an interest in a shared fiber optic project will undertake a feasibility review to determine which of the Participating Agencies has an interest in the Fiber Optic Project, the possible routes, the availability of Facilities, the approximate cost and the time frame required for installation. Prospective Facility Owners shall be included in the feasibility review process. 2. Execute Fiber Optic Project Agreement The Agreement must ensure that approval by the appropriate authority is granted for Facilities to be used and shall specify the information listcd in Section II.A. 3. Perform Detailed Engineering Design The Lead Agency shall work with Facility Owners to complete routing, obtain permission for use of Facilities, etc. Any changes exceeding the approved Project Budget shall require approval by the Participating Agencies; such approval shall not be unreasonably withheld. 4. Install Project The Lead Agency shall be responsible to ensure compliance with all requirements of the Facility Owner. 8 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 142 8.6.a 5. Complete Acceptance of Fiber Optic Project The Lead Agency shall formally accept installation of the Fiber Optic project by issuing a formal letter to the contractor(s) and the Participating Agencies stating that the Work has been completed in accordance with contract specifications and that all punch -list items have been resolved to the satisfaction of the Lead Agency and Facility Owner. Such acceptance shall authorize final payment(s) to contractor(s). The Lead Agency shall also identify ownership of Fiber Strands. 6. Establish Maintenance Plan The Lead Agency shall develop a maintenance plan for the Fiber Optic Project, and the Participating Agencies will appoint a maintenance manager. 7. Keep Records The Lead Agency shall provide Facility Owners with whatever documents are specified by the Facility Manager(s) so Facility Owner(s) can maintain accurate records of where and how the Participating Agencies installed equipment within or on Facilities, and where and how the Participating Agencies modified any Facility. Among the materials that must be provided to Facility Owner are computerized records and archival quality drawings that document installation or modification Work performed by the Lead Agency or its contractors. The Lead Agency shall not charge the Facility Owner for providing any necessary documentation requested by the Facility Manager. Such costs, however, shall be included as part of the Project Budget, Section II.A. Provide Access to Records The Lead Agency shall provide access to any and all of the Participating Agencies' records with respect to design, installation and maintenance of components of the Fiber Optic System located within or on Facilities to Facility Owner(s) when requested by the Facility Manager(s). The Lead Agency shall not charge the Facility Owner for either access to such information or for obtaining copies of any portion of the information. Such costs, however, shall be included as part of the Project Budget, Section II.A. The records to which the Lead Agency shall provide the Facility Owner access include, but are not limited to computerized records and design 9 Terms and conditions for Sharing of Fiber Optic Installation Projects July 27. 2010 Packet Pg. 143 8.6.a drawings, equipment and fiber specifications, route maps, manufacturer's test reports on fibers and on other equipment, documentation of the installation of Fiber Optic Cable and other equipment, and documentation of maintenance done on fibers and other equipment. D. CHANGE ORDERS Participating Agencies shall have the right to propose changes to the Fiber Optic Project Agreement which shall be approved by all Participating Agencies., including replacing the Lead Agency and adjusting project budgets. Changes that impact Facility Owners shall be subject to approval by the Facility Owners. The costs of any changes required by and beneficial to an individual Participating Agency made after the signing of a Fiber Optic Project Agreement shall be bome by that Participating Agency. If a Facility Owner requires a route relocation due to Facility access, the costs of such a relocation shall be considered general project costs and not the sole responsibility of the Facility Owner as a Participating Agency. The costs of other changes necessary to complete the project shall become part of the total project cost and shall be approved by the Participating Agencies. E. OWNERSHIP OF FIBER OPTIC CABLE All Fiber Optic Cable and Fiber Strands paid for in the initial installation of a Fiber Optic Project by the Participating Agencies shall be owned by those Participating Agencies as identified in the Fiber Optic Project Agreement. F. USE OF FIBERS Participating Agencies shall have complete free and unrestricted use of the fiber optic installations made under a Fiber Optic Project Agreement for any lawful governmental, public educational, intergovernmental or public utility purpose. Such right to use shall be for the duration of the Agreement and any renewal Agreements by the Participating Agencies unless terminated under the terms and conditions provided herein. Common Fiber Spares, if provided in a project, shall be shared among the Participating Agencies only. Identified fiber spares shall be used only as replacements for disabled fibers. Use of spare fibers shall be implemented by the Lead Agency, with notification to all Participating Agencies. G. SALE OF FIBERS 10 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 144 8.6.a Participating Agencies shall not sell, assign, assign the use, or otherwise convey the use of any of a Participating Agency's fibers as identified in the Project Agreement to any other party except to governmental, public educational or public utility entities. Should any of the Participating Agencies wish to sell fibers installed under this Agreement, the other Participating Agencies in the project shall be granted right of first refusal. Any entity purchasing fibers installed under a Fiber Optic Project Agreement must agree to all the terms and conditions of this Agreement, including the General Terms and Conditions, Exhibits and Addenda as specified in this document and shall notify the Facility Owner(s) of any such purchase. H. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGENCIES Nothing in this document precludes Participating Agencies from entering into separate agreements with other Participating Agencies to utilize fiber optic cable other than the Fiber Optic Cable installed pursuant to a Fiber Optic Project Agreement. I. TAXES The Participating Agencies shall pay, before delinquency, all applicable taxes, levies, and assessments arising from their joint Fiber Optic installations and undertakings under a Fiber Optic Project Agreement, taxes levied on the Participating Agencies' property, equipment and improvements, and Mixes on the Participating �lgcncies' interest in the Fiber Optic Project Agreement and any leasehold interest deemed to have been created thereby under RCW 82.29A. PAYMENTS Participating Agencies shall pay all amounts owed to the Lead Agency within thirty (30) days of receipt of the billing. if a Participating Agency cannot or does not make payment for charges owed within ninety (90) days, the Participating Agency shall be given written notice to correct the default. The Participating Agency shall have ninety (90) days, or such longer time after receipt of notice as the Lead Agency may authorize in writing, to make payment. If the Participating Agency fails to make payment, it shall be required to sell its fibers, offering right of first refusal to the other Participating Agencies. As a condition of sale, such Participating Agency shall require any entity purchasing their fibers to agree to all the teens and Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27. 2010 Packet Pg. 145 8.6.a conditions of this Agreement, including the General Terms and Conditions, Exhibits and Addenda. Failure by any Participating Agency to comply with the requirements of this section may void the sale as determined by the other Participating Agencies. The Participating Agencies shall require such entity to notify the Facility Owner(s) of any such purchase. K. LIABILITY Liability attributed to the Participating Agencies under this Agreement shall be shared on a basis proportional to each Participating Agency's ownership of the fibers in the location where the liability occurs. Ownership is determined by the demarcation points described in an Exhibit to the Project Agreement. However, in the case of gross negligence or willful misconduct on the part of any Participating Agency (including the Lead Agency), such Participating Agency shall be solely liable for its conduct. The Facility Owner shall accrue no additional liability as a result of its ownership of facilities nor shall the Lead Agency accrue additional liability in its role as Lead Agency, except in the event of gross negligence or willful misconduct on the part of the Facility Owner or Lead Agency. See, Sections 3.G and 3.H; Sections 4.1 and 4.K. III. RELATIONSHIP AMONG PARTICIPATING AGENCIES AND THE LEAD AGENCY A. GENERAL RESPONSIBILITY OF LEAD AGENCY The Lead Agency shall be responsible for the overall management, installation and maintenance of the Fiber Optic Project as the agent of the Participating Agencies in the project. The Lead Agency shall be responsible for negotiating and entering into separate agreements on behalf of Participating Agencies with Facility Owners for the specific use of their Facilities and with contractors to perform all or part of the Work associated with the Fiber Optic Project. The Lead Agency is responsible for ensuring that the applicable terms and conditions of the Project Agreement, General Terns and Conditions, exhibits and addenda are included in Agreements with Facility Owners and contractors. Prior to execution of any agreements with Facility Owners or contractors, the Lead Agency shall provide opportunity for the Participating Agencies to review and comment on such agreements. In the event there is a dispute regarding any of the provisions or lack of provisions of any agreement, such dispute shall be resolved through the process identified in this Agreement. The Lead Agency shall keep the Participating Agencies informed as to the status of the Fiber Optic Project. B. INSTALLATION 12 Terms and Conditions for Sharing of Fiber Optic Installation Projects Jury 27, 2010 Packet Pg. 146 8.6.a The Lead Agency shall comply with standards and installation procedures as agreed to by the Participating Agencies and the Facility Owners pursuant to Section Q.C. The Lead Agency shall notify the Participating Agencies when initial installation of the Fiber Optic Cable and acceptance ,testing of all of the Fiber Strands in or on Facilities have been completed. C. MAINTENANCE AND REPAIR RESPONSIBILITIES Maintenance and Repair of Fiber Optic Cable and Fiber Strands Maintenance of the Fiber Optic Cable and Fiber Strands within Fiber Optic Cable placed in or on Facilities pursuant to this Agreement shall be the responsibility of the Lead Agency as agent for the Participating Agencies for the term of the Fiber Optic Project Agreement and for any extensions or renewals. In instances where service to any of the Participating Agencies has been interrupted, the Lead Agency, at the Participating Agencies' request, will make a reasonable effort to complete repairs of the Fiber Optic Cable as soon as permission to effect the repairs has been obtained from the Facility Owner. 2. Maintenance and Repair Expenses The Participating Agencies shall be responsible for the expense of maintenance and repair of the Fiber Optic Cable and Fiber Strands for the duration of the Fiber Optic Project Agreement and any extensions or renewals on a basis proportional to the ownership of fibers attributed to each Participating Agency. The Maintenance Manager shall review ongoing maintenance expenses with Participating Agencies on an annual basis. D. FINANCIAL REIMBURSEMENTS AND OTHER PAYMENTS TO BE PROVIDED TO THE LEAD AGENCY All costs and expenses incurred by the Lead Agency in performance of Work and payable by the Participating Agencies pursuant to this Agreement shall be actual and verifiable. The Lead Agency shall provide documentation of its methodology for computing any Indirect Costs, including Indirect Costs for Facility Owners_ The Participating Agencies shall reimburse the Lead Agency within thirty (30) days of receipt of the 13 Terms and Conditions for Sharing of Fiber Oplic Installation Projects July 27, 2010 Packet Pg. 147 8.6.a Lead Agency's statement of charges. E_ LEAD AGENCY'S NONCOMPLIANCE Failure of the Lead Agency to adhere to the requirements of Work and record keeping in this document will be corrected at the Participating Agencies' joint expense unless there has been gross negligence or willful misconduct on the part of the Lead Agency. Where there has been gross negligence or willful misconduct on the part of the Lead Agency, Work shall be corrected at the expense of the Lead Agency. F. AUDIT The Lead Agency shall permit Participating Agencies or agent(s) thereof from time to time (including after the expiration or termination of a Fiber Optic Proj ect Agreement), to inspect and audit at any and all reasonable times in King County, or at such other reasonable location as mutually agreed to by the Participating Agencies, all pertinent books and records of the Lead Agency, the subcontractors or any other person or entity in connection or related to the Fiber Optic Project with respect to the services provided, costs thereof, and the compensation paid therefor. G. LIMITATION OF LIABILITY The Lead Agency shall not be liable, in law or in equity, to the Facility Owner, Participating Agencies, or any subsequent user for any damages relating to the interruption of service or interference with the operation of the Fiber Optic Project, except to the extent caused by the gross negligence or willful misconduct of the Lead Agency. THE LEAD AGENCY SHALL NOT BE LIABLE TO THE FACILITY OWNER, PARTICIPATING AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTERRUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT. H. INDEMNIFICATION The Facility Owners and Participating Agencies shall indemnify and save harmless the Lead Agency, its officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event of gross negligence or willful misconduct by the I.,ead Agency in connection with this Agreement. 14 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 148 8.6.a If any claim arises to which this indemnification provision may be applicable, the Facility Owner shall immediately upon learning of such claim, notify the Lead Agency, and upon such notice, the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay, settle or otherwise compromise such claim without the prior written consent of the Participating Agencies who shall not unreasonably withhold such consent. IV. RELATIONSHIP WITH FACILITY OWNERS A. PRINCIPLES FOR USE OF CITY OF SEATTLE FACILITIES Seattle Facilities may be used for fiber sharing projects consistent with principles adopted by the Seattle City Council in Resolution 29076. 1. Facilities, such as utility poles and Utilidors, which are currently available for use by non -City entities shall comply with all requirements of the City agency which owns them. Use of a Facility shall be engineered to maximize the reasonable additional future use of such Facility, e. g., guy wire to facilitate future co -lashing. The project cost shall include all fees and charges for the use of the Facility. 2. The General Terms and Conditions do not authorize use of any other City of Seattle Facilities such as conduit, ducts and vaults unless such use is specifically authorized by the Seattle City Council pursuant to the Addendum Authorizing Use of City of Seattle Underground or Transmission Facilities. 3. Shared fiber projects which utilize City poles and Utilidors shall be limited for use only by governmental and public educational agencies and institutions and shall be used for governmental and public educational purposes only. 4. Use of Overhead Transmission Facilities is not authorized in a Fiber Optic Project Agreement unless specifically authorized by the City Council and a specific Addendum is attached hereto. 5. The Facility Owner has final approval of planning, engineering, design, material, and maintenance for all portions of a Fiber Optic Project on or within its Facilities. B. APPROVALS 15 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 149 8.6.a All contractors hired by the Lead Agency to work within or on Facilities shall be subject to approval by Facility Owners. In all agreements with contractors, the Facility Owner(s) may require the Lead Agency to require such contractors to attend a pre -construction meeting with the appropriate authority to review installation requirements and Work restrictions prior to any Work being performed in or on Facilities. The contractor's agreement shall state that the Facility Owner or the jurisdiction having rights -of -way has authority to stop Work or require that inadequate Work be corrected. C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS Co -location In choosing to co -locate any components of a Fiber Optic Project in Facilities, the Participating Agencies acknowledge and accept all risks, such as the possibility of electrical fires that may damage components of a Fiber Optic Project, that are associated with having components of the Fiber Optic Project co -located with such Facilities. Participating Agencies explicitly understand that these risks include bearing all costs, except such costs caused by the gross negligence or willful misconduct of the Facility Owner, including but not limited to: provision of alternate communication paths needed by the Participating Agencies, loss of Participating Agency business and restoration of their fiber systems if they are damaged. 2. Easements Participating Agencies acknowledge that existing easements may not be warranted for this purpose. 3. Right of Entry Agreements Participating Agencies specifically acknowledge the risks associated with use of Facilities where entry is based on right of entry agreements negotiated for the Fiber Optic Project. D. ACCESS TO AND USE OF FACILITIES The Lead Agency shall obtain access to and use of Facilities from Facility Owners for the purpose of installing, maintaining and repairing components of the Fiber Optic Project, subject to Facility availability as determined by the Facility Manager, and any and all conditions specified by the Facility Owner. 16 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 150 8.6.a E. BUILDING ENTRANCES In the event that a Building Entrance owned or controlled by one of the Participating Agencies is not usable for either entering a building or for providing access to the location in a building where the Participating Agencies have installed Fiber Optic Project components, the Lead Agency has the responsibility for making alternative arrangements for building access with a building owner. The expense associated with an alternative Building Entrance shall be borne by the Participating Agencies utilizing the building. F. MODIFICATIONS TO FACILITIES At the Lead Agency's request, the Facility Owner may make modifications to Facilities to facilitate building access for the Fiber Optic Project. Any requests by the Lead Agency for such modifications shall be made to the Facility Manager. Costs for such modifications shall be paid by the Lead Agency and reimbursed by the Participating Agencies utilizing such Facilities. All modifications to Facilities shall be subject to die review and approval by the Facility Owner and Participating Agencies during design and construction. If the Lead Agency is responsible for the construction of the Fiber Optic Project subject to this Agreement, any unauthorized modifications must be corrected subject to Section HI.E at the expense of the Lead Agency. G. RELOCATION OF FIBER OPTIC CABLE The Lead Agency will work with the Facility Owner to make a good faith effort to ensure that the Fiber Optic Cable utilizing Facilities is routed in such a manner as to minimize the likelihood of future relocation. However, upon notice from the Facility Owner that relocation is required, the Lead Agency shall work with the Facility Owner to ensure timely relocation of such Fiber Optic Cable. The Facility Owner has the right of pre -approval and post -construction acceptance of any work required either to remove cable from Facilities or to place cable in alternative Facilities. Notice Except for emergency situations, .the Facility Owner will give the Lead Agency at least one hundred twenty (120) days notice to relocate any components of the Fiber Optic Project located within or 17 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 151 8.6.a on Facilities. 2. Relocation When relocation is required, the Facility Owner may, when possible, provide substitute Facilities within or on which the Participating Agencies may relocate the Fiber Optic Cable. H. PAYMENT TO FACILITY OWNERS Reimbursements The Facility Owner shall submit invoices to the Lead Agency during the progress of the Work for reimbursement for Work completed to date. a. For Performance of Work The Lead Agency shall reimburse Facility Owner(s) for all costs incurred by the Facility Owner(s) in the performance of Work necessary for the installation and operation of the Fiber Optic Project. In addition to reimbursement for direct costs of labor and materials incurred in the performance of Work necessary for the installation and operation of the Fiber Optic Project, the Facility Owner(s) shall be reimbursed by the Lead Agency for Indirect Costs as may be called for in the agreement for use of Facilities between the Lead Agency and the Facility Owner. b. For Relocation The Lead Agency shall reimburse Facility Owner(s) for all direct and verifiable costs associated with any relocation unless the costs of relocation of any cables of the Fiber Optic Project located within or on Facilities are borne by a third Party. In addition to reimbursement for direct costs of labor and materials incurred for such relocations, Facility Owner(s) shall be reimbursed by the Lead Agency for Indirect Costs as may be called for in the agreement for use of Facilities between the Lead Agency and the Facility Owner. 2. Annual Facility Use Payment By December 31 of each year, the Facility Owner will submit to the 18 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27.2010 Packet Pg. 152 8.6.a Lead Agency a bill and supporting documentation for the annual payment for Facilities utilized by the Fiber Optic Project as of that year. Fees shall commence on the effective date of the document authorizing use. Payment Invoices shall be submitted by the Facility Owner to the Lead Agency. All amounts due to the Facility Owner under this Agreement shall be paid by the Lead Agency within sixty (60) days of the date of the invoice from the Facility Owner. The Facility Owner may elect to assess an interest fee of 0.033% for each day payment is late, and may consider the Participating Agencies in default if any amount is not paid to the Facility Owner by the due date. 4. Disputed Payments If a dispute arises as to any funds due to the Facility Owner under the terms of this Agreement, the Participating Agencies shall pay the disputed amount into an escrow account pending the outcome of the dispute. The Participating Agencies may agree to allocate interest; if no such agreement can be reached, the interest will accrue to the benefit of the substantially prevailing party. I. LIMITATION OF LIABILITY Facility Owners shall not be liable, in la%,,7 or in equity, to the Lead Agency, Participating Agencies, or any subscy lent user for any daivagrs iclating to the interruption of service or interference with the operation of the fiber Optic Project, except to the extent caused by the gross negligence or willful misconduct of the Facility Owner. THE FACILITY OWNER SHALL NOT BE LIABLE TO THE PARTICIPATING AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTER- RUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT. J. RIGHTS OF PROPERTY Nothing in the General Terms and Conditions, Exhibits and/or Addenda shall be construed to convey to the Participating Agencies any property 19 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 153 8.6.a rights in Facilities. Nothing in the General Terms and Conditions, Exhibits and/or Addenda shall be construed to compel a Facility Owner to maintain any of its Facilities for a period longer than is necessary for its own service requirements. In the event that Facilities are abandoned by the Facility Owner, the Participating Agencies may remain in such Facilities at their own risk, subject to the approval of the Facility Owner. K. INDEMNIFICATION Except as limited below, the Lead Agency and Participating Agencies shall indemnify and save harmless Facility Owners, their officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event there has been gross negligence or willful misconduct by the Facility Owner in connection with this Agreement. If any claim arises to which this indemnification provision may be applicable, the Facility Owner shall immediately upon learning of such claim, notify the Lead Agency, and upon such notice, the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay, settle or otherwise compromise such claim without the prior written consent of the Participating Agencies who shall not unreasonably withhold such consent. L. DEFAULT Any of the following circumstances shall be considered an event of default, and based upon such default, the Facility Owner may, by written Notice of Termination (Section VI.E. & Termination) to the Participating Agencies, suspend or terminate its Agreement with the Lead Agency effective as of the date specified by the Facility Owner in the Notice: The Lead Agency's failure to perform the Work within the time specified, or any authorized extension thereof; 2. The Lead Agency's failure to satisfactorily perform Work in conformance with the Fiber Optic Project Agreement and/or to the satisfaction of the Facility Owner; 3. In the event the Facility Owner deems that the Lead Agency's performance or failure to perform will jeopardize the integrity of its systems and/or Facilities. 20 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 154 8.ti.a Upon the Facility Owner's identification of default, the Facility Owner may elect to give written notice to the Lead Agency to correct the default. The Facility Owner shall provide immediate telephonic notice to correct the default followed by a facsimile, to the Lead Agency. The Lead Agency shall provide immediate telephonic notice, followed by a facsimile, to Participating Agencies of any notice from a Facility Owner of such default, suspension or termination. The Lead Agency shall have seven (7) days, or such longer period after receipt of notice of default as the Facility Owner may authorize in writing, to submit to the Facility Owner a written plan for convective action. If the Lead Agency fails to respond with a written plan for corrective action that is mutually acceptable to the Participating Agencies or if the Lead Agency fails to adhere to the plan for corrective action, the Facility Owner may transmit the termination notice. No notice of termination for reason of default will be effective without first providing the Lead Agency with such written notice of default. Upon receipt of a notice of termination, except as otherwise directed by the Facility Owner, the Lead Agency shall cease Wort: under the Fiber Optic Project Agreement on the date specified in the notice and waive all claims for profits and damages caused by such cessation; provided, however, unless an emergency exists, as defined bN the appropriate Facility (honer authority. that the (late of termination shall not he less than ten (10) days from the date such notice of termination is received. In the event the Facility Owner terminates a Fiber Optic Project Agreement as provided in this clause, the Facility Owner may perform Work by whatever method it may deem expedient to protect its Facilities. In such case, expenses incurred by the Facility Owner for protecting its Facilities shall be charged to, and subject to Section III.E., paid by the Lead Agency. V. RELATIONSHIP BETWEEN LEAD AGENCY AND CONTRACTORS A. RESPONSIBILITY The Lead Agency is responsible for ensuring that the applicable terms and conditions of the Project Agreement, General Terms and Conditions, exhibits and addenda are included in Agreements with Facility Owners and contractors. However, each contractor shall be held liable for any negligence caused by its performance or failure to perform the work under the Project Agreement or any contracts with the Lead Agency. B. APPROVALS 21 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 155 8.6.a All contractors hired by the Lead Agency to work within or on Facilities shall be subject to approval by Facility Owner(s). In all agreements with contractors, the Lead Agency may require such contractors to attend a pre - construction meeting with the appropriate authority to review installation requirements and Work restrictions prior to any Work being performed in or on Facilities. The contractor's agreement shall state that the Facility Owner or the jurisdiction having rights -of -way has authority to stop Work or require that inadequate Work be corrected. C. INSURANCE Prior to undertaking any work under any Fiber Optic Project Agreement, the Lead Agency shall ensure that all contractors, at no expense to the Lead Agency, Participating Agencies and Facility Owner(s), have obtained and filed with the Lead Agency, acceptable evidence of a policy or policies of insurance as enumerated below. The insurance shall contain the following types of coverages and minimum dollar limits: a. Commercial General 1.1ability: A policy of commercial general liability insurance, written on an occurrence form, including all the usual coverage known as: ® Premises/Operations Liability Products/Completed Operations ® Personal/Advertising Injury ® Contractual Liability 1 Owners and Contractors Protective Liability ® Employers Liability (Stop Gap) Explosion, Collapse and Underground Property Damage (XCUI) (as applicable) ® Watercraft, owned and non -owned (as applicable) s` Pollution Liability Insurance Such policy(ies) shall provide the following minimum coverage: Bodily Injury and Property Damage - $1,000,000 per occurrence, $2,000,000 annual aggregate. If any policy required under this subsection is written on a claims -made form, the retroactive date shall be prior to or coincident with the date of this Agreement. The policy shall state that coverage is "claims made", and state the retroactive date. The contractor shall maintain such policy continuously 22 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 156 8.6.a in force for a period of twenty-four (24) months following the completion date, and the contractor shall annually provide the Lead Agency with proof of renewal. If renewal of the claims -made form of coverage becomes unavailable, or economically prohibitive, the contractor shall purchase an extended reporting period ("tail") or execute another form of guarantee acceptable to the Lead Agency to assure financial responsibility for liability for services performed, which shall run at least through the end of this twenty-four (24) month period. b. Commercial Automobile Liability: A policy of Commercial Automobile Liability, including coverage for owned, non - owned, leased or hired vehicles. Such policy shall provide the following minimum coverage: Bodily Injury and Property Damage - $1,000,000 per accident/occurrence C. Workers' Compensation: Contractor agrees at all times to comply with all applicable workers`ei compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable. Such workers® compensation and occupational disease requirements shall include coverage for all employees suffering bodily injury (including death) by accident or disease, which arises out of or in connection with the performance of the agreement between the contractor and the Lead Agency (gContracn&), 2. If the contractor's insurance contains a deductible (or self -insured retention amount) the contractor shall: a. disclose such amount, and b. be responsible for payment of any claim equal to or less than the deductible (or self -insured retention amount). Any deductible or self -insured retention must be disclosed and is subject to approval by the Lead Agency. 3. The above policy or policies, endorsements thereto, and subsequent renewals shall: a. Be subject to approval by the Lead Agency as to company, 23 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 157 8.6.a form, and coverage. The insurance carrier shall be: ® rated A-:VII or higher in the A.M. Best's Key Rating Guide, ,#0' licensed to do business in the State of Washington, or be ® filed in the State of Washington as surplus lines by a Washington Surplus Lines Broker. b. Be primary to all other insurance the Lead Agency, Participating Agencies, and Facility Owner(s) may obtain, and C. Be maintained in full force and effect at no expense to the Participating Agencies and the Facility Owner(s) for a period of twenty-four (24) months following the completion date, and d. Protect the Participating Agencies and Facility Owner(s) within the policy limits from any and all losses, claims, actions, damages and expenses arising out of or resulting from the contractor's performance or lack of performance under the "Contract", and e. Name the Participating Agencies and Facility Owner(s) as an additional insured, on and ISO form (CG2010 or CG 2026), including its officers, elected officials, employees, agents, and volunteers, and f. Include a "Separation of Insureds" or "Severability of Interests" provision (whether by endorsement or otherwise) indicating that, except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, the insurance shall apply: as if each party insured thereunder (whether as a named insured, additional named insured or additional insured) were the only party insured by such policy(ies), and separately to each insured against whom a claim is made or a suit is brought. g. In accordance with RCW 48.18.290, the coverages provided by this policy for this Fiber Optic Project shall not be terminated, reduced or otherwise materially changed without 24 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 158 8.6.a providing at least forty-five (45) days prior written notice to the Lead Agency. Failure of the contractor to comply with any of the terms of these insurance provisions shall be considered a material breach of this Contract and, at the option of the Lead Agency, shall be cause for such action as may be available to the Lead Agency under other provisions of the Contract documents or otherwise in law, including immediate termination of the Contract. To ensure compliance with the terms of this document, all contractors shall provide an executed Contract Bond in the amount specified in the Fiber Optic Project Agreement, with a surety or sureties who are acceptable to the Participating Agencies and the Facility Owner(s). This bond shall remain in full force and effect through acceptance of the Work. The bond shall contain a provision that it shall not be terminated or otherwise allowed to expire without prior thirty (30) days written notice being given to the Lead Agency. E. NONDISCRIMINATION AND AFFIRMATIVE ACTION During the performance of Work, the Lead Agency, for itself, its assignees and successors in interest, agrees as follows: 1. The Lead Agency shall not allow any contractor to discriminate against any employee or applicant for employment because of age, sex, race, religion, creed, color, ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their creed, religion, race, color, sex, age, national origin, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruit-ment, or recruitment advertising, layoff or termination, rates or pay or other forms of compensation, and selection for training, including apprenticeship. 2. The contractor shall, prior to commencement and during the term of its contract, furnish to the appropriate enforcement entity in the Lead Agency's governmental agency upon his/her request and on such form as may be provided by that entity therefor, a report of the affirmative action taken by the contractor in implementing the terms 25 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 159 8.6.a of these provisions, and will permit access to his/her records of employment, employment advertisements, application forms, other pertinent data and records requested by the enforcement entity for the purpose of investigation to determine compliance with this provision. If, upon investigation, the enforcement entity finds probable cause to believe that the contractor has failed to comply with any of the terms of these provisions, the Participating Agencies shall be so notified in writing. The Lead Agency shall give the contractor an opportunity to be heard, after ten (10) days notice. If the agency concurs in the findings of the enforcement entity, it may suspend the contract and/or withhold any funds due or to become due to the contractor, pending compliance by the contractor with the terms of these provisions. 4. Failure to comply with any of the terms of these provisions shall be a material breach of the contract. The foregoing provisions, (1.) through (4.), will be inserted in all contracts for Work covered by the Fiber Optic Project Agreement. F. WOMEN'S AND MINORITY BUSINESS UTILIZATION The Lead Agency will make every effort to utilize women's business enterprises and minority business enterprises in any contracting. The Lead Agency will require that its contractors and subcontractors will make every effort to utilize women's business enterprises and minority business enterprises. The Lead Agency will maintain records reasonably necessary for monitoring its compliance with the provisions of this section. VI. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ALL FIBER OPTIC PROJECT AGREEMENTS A. LAWS, LICENSES, AND PERMITS General Requirement All Work done under a Fiber Optic Project Agreement shall comply with all applicable federal, state, and local laws, and all rules, regulations, orders, and directives of the administrative agencies and officers thereof. Licenses, Permits and Similar Authorizations 26 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 160 8.6.a The Participating Agencies represent and warrant to the owners of rights -of -way and to Facility Owners that they shall have and maintain in effect at all times all necessary franchises, licenses, permits, consents and easements from federal, state and local authorities and the owners of rights -of -way and private property. The Participating Agencies will comply with all requirements thereof to install, construct, maintain, operate and remove any fiber optic installation(s). B. PERFORMANCE STANDARDS Each Participating Agency will perform all of its obligations under a Fiber Optic Project Agreement in a reasonable and timely manner. The standard for such performance will be the normal industry standard in the relevant market. Where any Participating Agency's approval, satisfaction, authorization, or similar approbation is required, such approval, satisfaction, authorization, or similar approbation will be forthcoming in a timely manner and will not be unreasonably withheld. C. SUBJECT TO LAWS All Fiber Optic Project Agreements are subject to all applicable federal, state, and local laws, and regulations, rulings and orders of governmental agencies. Any Participating Agency may terminate its obligations under a Fiber Optic Project Agreement if ordered to do so by the final order or filing of a court or other governmental agency or if such order or ruling would make it impossible for any Participating Agency to carry out its obligations under this Agreement. If required by the final order of a court of competent jurisdiction, upon the issuance of such order stating that the rights of use or access to an Owner's Facilities is unlawful, the Lead Agency shall immediately terminate work associated with the use or access and the Lead Agency shall remove all violating appurtenances. In addition, if at any time during the term of this Agreement, the action of a governmental agency requires modification of terms and conditions of the Agreement in order to meet legal requirements, or renders performance by any Participating Agency unreasonable, the Participating Agencies will enter into negotiations to achieve an equitable adjustment of any increased costs or liabilities incurred by any Party as a result of such required modification. The preceding section shall not apply to a court order determining that the Participating Agencies' use violates a private easement. Facility Owners have no actual knowledge of any restriction in their agreements with third parties which would prohibit the Participating 27 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27. 2M Packet Pg. 161 8.6.a Agencies' use of Facilities as contemplated herein. The Participating Agencies recognize that the Facility Owners have done no special searches or investigations with respect to restrictions in their agreements with third parties that may affect the use of Facilities as contemplated by the Fiber Optic Project Agreement. D. TERM Fiber Optic Project Agreements shall become effective upon the execution of all Participating Agencies, and unless terminated in accordance with the provisions of Article VI.E �, Termination, shall continue up to a term of twenty (20) years. One year prior to the expiration of this twenty-year period, the Participating Agencies shall in good faith negotiate a renewal Agreement for an additional twenty-year period or terminate their participation according to the provisions in this Agreement. As a starting point for negotiations of a renewal Agreement, the Participating Agencies will use the Fiber Optic Project Agreement as the framework for further negotiations. Under the terms of any renewal Agreement, the Participating Agencies shall continue to make payments to Facility Owners for use of Facilities and to make other payments specified in the Fiber Optic Project Agreement. Terms and conditions of existing Fiber Optic Project Agreements that have expired shall remain in effect until superseded by a new Agreement. E. TERMINATION 1. For Cause Any Participating Agency may terminate a Fiber Optic Project Agreement in the event that another fails to perform its obligations as described in this Agreement, and such failure has not been corrected to the reasonable satisfaction of the other in a timely manner after notice of breach has been provided to such other Party. 2. Notice Notice of termination shall be given by the Participating Agency terminating the Agreement to the others not less than thirty (30) days prior to the effective date of termination. F. FORCE MAJEURE 28 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 162 8.6.a Any Participating Agency may suspend a Fiber Optic Project Agreement without recourse by another where performance is rendered impossible or impracticable for reasons beyond such Participating Agency's reasonable control, such as, but not limited to, acts of nature, war or warlike operations, civil commotion, riot, labor dispute including strike, walkout, or lockout, sabotage, or superior governmental regulation or control. G. NO WAIVER No term or provision hereof shall be deemed waived or consented to, and no breach excused unless such waiver or consent shall be in writing and signed by the Participating Agency claimed to have waived or consented. Failure of a Participating Agency to insist upon strict performance of, or that Participating Agency's waiver of, any of the terms, conditions, or obligations of either the General Terms and Conditions or a specific Fiber Optic Project Agreement, shall not be a waiver of any other term, condition, covenant or obligation, or of any subsequent default by breach of the same or other term, condition, covenant or obligation contained herein. H. SEVERABILITY In the event any section, sentence, clause, or phrase of the General Terms and Conditions or a specific Fiber Optic Project Agreement is adjudicated to be invalid or illegal by a court of last resort and of competent jurisdiction, the remainder of the General Terms and Conditions or of a specific Fiber Optic Project Agreement shall be unaffected by such adjudication and all other provisions shall remain in full force and effect as though the section, clause, or phrase so adjudicated to be invalid had not been included herein. The Participating Agencies agree to then negotiate in good faith the replacement section, sentence, clause, or phrase which is legal and most closely represents the original intent of the Participating Agencies. I. RIGHTS CUMULATIVE The rights and remedies of the Participating Agencies provided for under the General Terms and Conditions or under a specific Fiber Optic Project Agreement are in addition to any other rights and remedies provided by law_ The failure to exercise on any occasion any right shall not operate to forfeit such right on another occasion. The use of one remedy shall not exclude or waive the right to use another. 29 Terns and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 163 8.6.a J. CONTRACTUAL RELATIONSHIP The General Terms and Conditions do not constitute the Participating Agencies as the agent or legal representative of a Facility Owner for any purpose whatsoever. The Participating Agencies are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the Facility Owner or to bind the Facility Owner in any manner or thing whatsoever. K. HEADINGS The titles of sections are for convenience only and do not define or limit the contents. L. APPLICABLE LAW AND VENUE All Agreements among the Participating Agencies shall be construed and interpreted in accordance with the laws of the State of Washington, and venue of any action brought hereunder shall be in the Superior Court for King County. M. BINDING EFFECTS The provisions, covenants and conditions in the Gcncral Terms and Conditions and in any specific Fiber Optic Project Agreement apply to bind the Participating Agencies, their legal heirs, representatives, successors, and assigns. N. ASSIGNMENT No Participating Agency or Lead Agency shall assign its rights or assign its duties under a Fiber Optic Project Agreement without the prior written consent of the other Participating Agencies, which consent shall not be unreasonably withheld. O. NOTICES All notices and other materials to be delivered hereunder, shall be in writing and shall be delivered or mailed to addresses as identified in the Fiber Optic Project Agreement. P. NON -EXCLUSIVITY This is a non-exclusive arrangement. 30 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 164 8.6.a Q. MODIFICATION OR AMENDMENT No modification to or amendment of the provisions of the General Terms and Conditions or of any specific Fiber Optic Project Agreement shall be effective unless in writing and signed by authorized representatives of the Participating Agencies to the Fiber Optic Project Agreement. The Participating Agencies expressly reserve the right to modify any agreement, from time to time, by mutual agreement. R. ATTORNEY FEES AND COSTS In the event legal action is taken or commenced among the Participating Agencies hereto, declaratory or otherwise, for the enforcement of any of the covenants, terms, or conditions of this Agreement, the substantially prevailing party shall be entitled to its costs and reasonable attorney fees as determined by the trial and appellate courts. Costs and reasonable attorney fees shall include, but not be limited to, reasonable attorney fees, paralegal and legal support staff expenses, costs of arbitration, mediation, expert witnesses, exhibits, reasonable investigations, and reimbursement for all time, expense, and overhead of all substantially prevailing party personnel or consultants assisting in the legal action or responding to or investigating a claim or demand. S. ARBITRATION/MEDIATION If a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through direct discussions, the Lead Agency, Facility Owner or Participating Agencies agree to first endeavor to settle the dispute in an amicable manner by mediation, before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this paragraph precludes any Lead Agency, Facility Owner or Participating Agency from seeking relief from King County Superior Court should mediation or arbitration efforts be unsuccessful. ref: FinAdmin Ord/Agrmt No. 2 (FSFOIP.GTC) 31 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 165 8.6.a EXHIBIT A CITY OF SEATTLE FACILITIES I. GENERAL CONDITIONS FOR ACCESS TO AND USE OF CITY FACILITIES A. All City of Seattle Facilities Permission to Enter Access to Facilities shall be allowed only aver the Facility Owner has been notified per item 2., below, and permission has been granted by the Facility Owner. 2. Requests for Access All requests for access to Facilities must be made through the appropriate City Facility Manager or designee in writing (facsimile acceptable), and shall be subject to the restrictions and conditions in this Agreement. In the event of an emergency, requests for access may be made in person or by telephone. In such cases, prompt written documentation of the request will follow. 3. City Buildings If the Lead Agency desires to utilize space in any City building, the Lead Agency shall comply with the restrictions and conditions specified by the designated building manager. 4. Conformance to Regulations Access to and use of any Facility shall be in conformance with all codes, regulations and requirements. 5. Acknowledgment and Acceptance of Risks In choosing to co -locate any components of a Fiber Optic Project with City Facilities, the Participating Agencies acknowledge and accept all risks, including but not limited to excessive heat or fires that may damage components of the Fiber Optic Project that are associated with having components of the Fiber Optic Project co - located with City Facilities. Al ExhihitA: City of Seattle Facilities July 27. 2010 Packet Pg. 166 8.6.a B. City Department Facilities, Other than City Light Priority Protection The Lead Agency shall make the protection of the telecommunications, traffic control and street -lighting Facilities the highest priority when working in City Department Facilities or in proximity to City Department Facilities where such proximity could directly affect the functioning of the Facilities. T'he Participating Agencies will not through their action or knowing inaction compromise such protection. 2. Priority Restoration Restoration of telecommunications, traffic control, and street - lighting services shall be given the highest priority in the event that any of these services and the Participating Agencies' telecommunication services are interrupted at the same time, unless otherwise agreed to by the City and the Participating Agencies at the time of restoration. In the event of an outage, the City shall promptly work to restore the functionality of the Fiber Optic Cable as soon as reasonably possible and practical after restoration of any such necessary City services. The City shall not cut or otherwise damage Fiber Optic Cable unless absolutely necessary for the safe and prompt restoration of telecommunications, traffic control and street lighting systems. Underground Facilities Use of Underground Facilities is not authorized in a l"Iber Optic Project Agreement unless such use is specifically authorized by the Seattle City Council pursuant to the Addendum Authorizing Use of City of Seattle Underground or Transmission Facilities. II. PROCEDURES FOR CITY OF SEATTLE FACILITIES A. Engineering, Design, and Maintenance Upon execution of a Fiber Optic Project Agreement, the Participating Agencies and Facility Owners shall review and revise planning, engineering, design, installation. and maintenance procedures for the Fiber Optic Project. The procedures wil I be subiect to the approval of the Facility Owners. A2 Exhibit A: City of Seattle Facilities July 27, 2010 Packet Pg. 167 8.6.a B. Access The Lead Agency shall notify the appropriate City Department at least two (2) working days before access to any City Department facility is desired. The affected City Department will respond to requests for access from the Lead Agency at least twenty-four (24) hours prior to the requested start time, indicating whether access has been granted as requested, access has been delayed or access has been denied. 2. The City shall make every effort to provide access to Facilities during the times requested by the Lead Agency. However, the City may not be able to accommodate all requests, and the Lead Agency will need to plan accordingly. All access to City Facilities by the Lead Agency or its contractors must be coordinated with the appropriate authority staff designated by the City's Facility Manager(s). The Lead Agency and its contractors must comply with whatever conditions for access to City Facilities that are specified by designated Facility Managers. C. Project Control City staff shall be authorized to stop Work on installation that is being conducted by the Lead Agency and its contractors on the Fiber Optic Project if City staff determine that the Work in question would or could potentially cause electrical hazards to workers or problems with the electrical system, telecommunications, traffic control or street -lighting systems. Such problems include, but are not limited to future City Work, present crowded conditions, future load growth on the City Light system, and the specification or installation of non-standard equipment, materials and/or supplies by the Lead Agency. III. ANNUAL PAYMENT TO THE CITY FOR USE OF FACILITIES On an annual basis, the Lead Agency shall make an annual use payment to the Facility Owner. Regardless of the Ownership of Fiber Optic Cable, the Lead Agency shall pay the Facility Owner for the use of Facilities in or on which Fiber Optic Cable has been installed by or on behalf of the Participating Agencies pursuant to a Fiber Optic Project Agreement. Charges for Maintenance Hole, Handhole, Vault and Duct/Conduit occupancy shall be established by applicable City rate ordinance. A3 Exhibit A: Cfty of Seattle Facilities Jury 27, 2010 Packet Pg. 168 8.6.a ref: FinAdmin Ord/Agrrnt No_ 2 (FSFOIP.GTC) A4 Exhibit A: City of Seattle Facilities July 27, 2010 Packet Pg. 169 8.6.a EXHIBIT B SEATTLE CITY LIGHT FACILITIES I. GENERAL CONDITIONS Seattle City Light reserves the right to determine if work in or on its Facilities may be performed by contractors. All contractors hired by the Lead Agency to work within or on Seattle City Light Facilities shall be subject to approval by Seattle City Light. In all agreements with contractors, the Lead Agency may require such contractors to attend a pre -construction meeting with the Seattle City Light to review installation requirements and Work restrictions prior to any Work being performed in or on Facilities. The contractor's agreement shall state that Seattle City Light has authority to stop Work or require that inadequate Work be corrected. A. Priority Protection of the City's Electrical System The Lead Agency shall make the protection of the City's electrical power system the highest priority when working in Seattle City Light Facilities or in proximity to Seattle City Light Facilities. The Lead Agency will not through his/her action or knowing inaction compromise such protection. B. Priority Restoration The restoration of electrical service shall have the highest priority in the event that both Seattle City Light's electrical system and the Participating Agencies' telecommunications services are interrupted, unless otherwise agreed to by City Light and Participating Agencies at the time of restoration. In the event of an outage, Seattle City Light shall expeditiously work to restore the functionality of the Fiber Optic Cable as soon as reasonably possible and practical after restoration of all necessary electrical service. Seattle City Light shall not cut or otherwise damage the Fiber Optic Cable unless absolutely necessary for the safe and prompt restoration of electrical service. H. REQUIREMENTS FOR USE OF FACILITIES A. Overhead Transmission Facilities Use of Overhead Transmission Facilities is not authorized in this Fiber Optic Project Agreement unless such use is specifically authorized by the Seattle City Council pursuant to the Addendum Authorizing Use of City of Seattle Underground or Transmission Facilities. B1 Exhibit B; Seattle City Light Facilities Jury 27, 2010 Packet Pg. 170 8.6.a B. Overhead Distribution Facilities 1. The Participating Agencies shall be subject to restrictions that are specified in any applicable franchise, easement, and right-of-way agreements that City Light has with any entity located within or outside of the Seattle City Light Service Area. 2. The Lead Agency shall conduct at its own expense, whatever analyses Seattle City Light deems necessary to determine whether any modifications need to be made to its Overhead Distribution Facilities before Fiber Optic Cable can be safely attached to these Facilities. 3. The Lead Agency shall install Fiber Optic Cable Splices in accordance with industry standards. 4. The Lead Agency shall comply with Seattle City Light's Pole Attachment Policy (DPP 500 P III-804) and shall complete a Master Pole Attachment Agreement. C. Underground Facilities Use of Underground Facilities is not authorized in this Fiber Optic Project Agreement unless such use is specifically authorized by the Seattle City Council pursuant to the Addendum Authorizing Use of City Of Seattle Underground or Transmission Facilities. Charges for Maintenance Hole, Handhole, Vault, and Duct/Conduit occupancy shall be established by applicable City rate ordinance. D. Substations Where the Lead Agency terminates Overhead Optical Ground Wire in Substations, such terminations shall be on Dead-end Towers unless otherwise authorized in writing by Seattle City Light. III. PROCEDURES FOR SEATTLE CITY LIGHT FACILITIES A. Engineering, Design, and Maintenance Upon execution of a Fiber Optic Project Agreement, the Participating Agencies and Seattle City Light shall review and revise planning, engineering. design (includes material specifications). installation. and maintenance procedures for the Fiber Optic Project. The procedures will be B2 Exhibit B: Seattle City Light Facilities July 27. 2010 Packet Pg. 171 8.6.a subject to the approval of Seattle City Light. All materials used must be approved by Seattle City Light prior to installation. B. Access The Lead Agency shall notify Seattle City Light at least two (2) working days before access to any Seattle City Light facility is desired. City Light will respond to requests for access from the Lead Agency at least twenty-four (24) hours prior to the requested start time, indicating whether access has been granted as requested, access has been delayed or access has been denied. 2. Seattle City Light shall make every effort to provide access to Facilities during the times requested by the Lead Agency. However, Seattle City Light may not be able to accommodate all requests, and the Lead Agency will need to plan accordingly. All access to Seattle City Light Facilities by the Lead Agency or its contractors must be coordinated with the appropriate authority designated by Seattle City Light's Facility Manager(s). The Lead Agency and its contractors must comply with the conditions for access to Seattle City Light Facilities that are specified by designated Facility Managers. 4. All installations within or on Seattle City Light Facilities by the Lead Agency, Participating Agencies or their contractors may require the presence of a Safety Observer. A Seattle City Light Safety Observer shall be used whenever a Lead Agency, Participating Agency or their contractors will perform Work: a. In a substation or switchyard; b. Intermittently in an energized Vault, Maintenance IIole or Handhole (NOTE: Intermittent work is performed in segments lasting only one month or less.); or Installing duct, Vaults, Maintenance Holes or Handholes intermittently in the vicinity of energized underground cable (two (2) feet on either side of "marked for locate" conductors). B3 Exhibit B: Seattle City Light Facilities July 27. 2010 Packet Pg. 172 8.6.a At Seattle City Light's option, the Lead Agency, Participating Agencies or their contractors may be allowed to supply their own qualified (as defined in the Seattle City Light Safety Observer Policy) electrical Safety Observers for continuous work only in (b) or (c). C. Project Control Seattle City Light staff shall be authorized to stop Work on installation that is being conducted by the Lead Agency and its contractors on the Fiber Optic Project if Seattle City Light determines that the Work in question would or could potentially cause electrical hazards to workers or problems with the electrical system, telecommunications, traffic control or street -lighting systems. Such problems include, but are not limited to future City Light Work, present crowded conditions, future load growth on the Seattle City Light system, and the specification or installation of non-standard equipment, materials and/or supplies by the Lead Agency. IV. INSTALLATION STANDARDS FOR SEATTLE CITY LIGHT FACILITIES All installations within or on Seattle City Light Facilities by the Lead Agency, Participating Agencies, or their contractors require the presence of a Safety Observer. A. Substation Any Optical Ground Wire or self-supporting aerial installed by the Participating Agencies which terminates in Substations shall be terminated on dead-end towers. Only clamps designed for optical ground wire shall be used. Optical ground wire shall be routed down a leg of the dead-end structure and supported as designated by the Seattle City Light Engineering Services Division. Fiber termination shall be in a Splice box mounted on the dead-end tower as specified by the Seattle City Light Engineering Services Division. Conduit shall be installed up to the Splice box to pen -nit routing of a connecting cable between the Splice box and the Substation control building. B4 Exhibit 8: Seattle City Light Fatalities July 27, 2010 Packet Pg. 173 8.6.a 2. Any of the Participating Agencies' Fiber Optic Cable in Seattle City Light Substations shall be terminated on connectorized patch panels. Patch panels and electronic equipment shall be located on existing communication racks, or on new communication racks as specified by the Seattle City Light Engineering Services Division. Routing of the Participating Agencies' Fiber Optic Cables into and within Seattle City Light substations shall be as directed by the Seattle City Light Engineering Services Division. B. Overhead Distribution Facilities In addition to the provisions of the Master Pole Attachment Agreement, the following requirements shall apply to all such installations: Climbing space. The "back", hereinafter defined, of the pole shall be kept clear for climbing space and shall not rotate around pole from quadrant to quadrant. The back of the pole shall mean the side opposite the "setting gain" or "brand" which is on the face of the pole 10 feet (Telecommunications Company set) or 12 feet (City Light Department set) from the butt end of the pole. The back of the pole shall also mean the convex side of the pole which has a natural sweep or curve from end to end. 2. Service drops shall not be permitted in the climbing space, and drops shall not be installed just beyond this space. A 36" space rather than a 24" space along the lead shall also be required. (Refer to Table 10, Section 236, State of Washington Electrical Construction Code.) The vertical height of installations is to be determined from ground level rather than from the existing power secondary as the secondary is subject to relocation. 4. Non-metallic Conduit, PVC or equal, shall be required for vertical risers attached to the pole above telephone or other attachments. Conduits on poles shall not be located in the climbing space. In case of questions concerning the location of a Conduit, City Light Department, upon request, will make a field determination. 6. The Lead Agency shall also conform to all future and to any existing installation rules, regulations or requirements that may be promulgated in writing to the Participating Agencies by Seattle City Light. B5 Exhibit B: Seattle City Light Facilities Juty 27, 2010 Packet Pg. 174 8.6.a C. Requirement to Relocate Facilities, Other than Overhead Notwithstanding any provision in this Agreement, Seattle City Light Department may require that Participating Agencies' Fiber Optic Project facilities be relocated or removed from City Light Department facilities. If, following notification (consistent with Section TV_G_ 1.) to relocate or vacate, the Participating Agencies fail to relocate or remove their facilities in a timely manner, Seattle City Light may enforce one or more of the following options: Seattle City Light may require the Participating Agencies to construct, or have constructed, alternate facilities such as vaults, maintenance holes, ducts, and conduits for Seattle City Light's use in lieu of relocating their facilities. Seattle City Light may impose a fee of two -thousand dollars ($2,000) per day for each day that the Participating Agencies' Fiber Optic Facilities remain in place after the date specified in the Facility Owner's request to relocate/remove. Seattle City Light may assume ownership of the Participating Agencies' Fiber Optic Facilities. 4. Seattle City Light may remove the Participating Agencies' Fiber Optic Facilities and charge the costs, including direct and indirect costs, to the Participating Agencies. ref: FhAdmin OrdAAgrmt No. 2 (FSFOIP GTC) B6 Exhibit B: Seattle City Light Facilities July 27, 2010 Packet Pg. 175 8.6.a ADDENDUM 1: AUTHORIZING USE OF CITY OF SEATTLE UNDERGROUND OR TRANSMISSION FACILITIES This addendum to the General Terms and Conditions provides for the use of The City of Seattle's Underground Facilities, including conduit, ducts, etc. The following material shall be added to Section IV.D of the General Terms and Conditions: Any placement of fiber in Seattle City Light Underground Facilities must comply with all provisions of City Light Policies and Procedures for Duct/Vault Use. The following material shall be added to Section IV.H of the General Terms and Conditions: H. PAYMENT TO FACILITY OWNERS C. For a Portion of the Cost of Duct, Maintenance Hole and Vault Upgrades and Changes The Lead Agency shall reimburse Facility Owners for their respective share of the cost of upgrading Ducts, Maintenance Hole and Vaults that contain components of the Fiber Optic Project. In addition to reimbursement for direct costs of labor and materials incurred in the maintenance of the Fiber Optic Project, the Facility Owner shall be reimbursed by the Lead Agency for Indirect Costs. The following material shall replace section I.B.3 of Exhibit A to the General Terms and Conditions: B. 3. Underground Facilities, Other than Seattle City Light a. The appropriate City Department shall have complete authority over duct assignment to the Lead Agency. b. The Lead Agency shall install, if not already installed, inner duct in all Seattle City Department Conduit under the following conditions: Addendum 1-1 Addendum 1: Authorizing Use of City of Seattle Underground or Transmission Facilities July 27, 2010 Packet Pg. 176 8.6.a Any Conduit utilized by the Lead Agency must be filled with inner duct to the maximum extent feasible, up to a maximum of four one -inch inner ducts. ii. An inner duct must be installed in any Conduit utilized by the Lead Agency and shall become the property of that City Department. iii. The appropriate City Department must approve in writing both the type and the color of any inner duct installed by the Lead Agency. iv. All inner duct that is installed must have pull strings, unless the inner duct has Fiber Optic Cable(s) in it. Splices, loops, coils or fiber termination equipment shall not be placed in City Underground Facilities or in Building Vaults unless authorized by the appropriate City Department. Penetrations of Building Vault walls must be done in accordance with applicable fire codes and standard construction practices. The following material shall be added to Exhibit B to the General Terms and Conditions: C. Fiber Optic Cable Composition The Lead Agency shall install only readily available Dielectric Cable within or on underground Facilities. All Fiber Optic Cable to be installed shall be approved by Seattle City Light prior to installation in Seattle City Light Facilities. Cable installed without this approval shall be removed by the Participating Agencies upon request from Seattle City Light. Optical Ground Wire, self-supporting cable or messenger -supported cable may be used on Overhead Transmission Facilities and Overhead Distribution Facilities as mutually determined by the Participating Agencies and the City. II. C. Underground Facilities 1. Seattle City Light shall have complete authority over duct assignments, racking and placement of cables in maintenance holes, vaults and handholes. The Lead Agency shall comply with Addendum 1-2 Addendum 1: Authorizing Use of City of Seattle Underground or Transmission Facilities July 27, 2016 Packet Pg. 177 8.6.a any such assignments and placement direction. Ownership of Seattle City Light Underground Facilities containing any Fiber Optic Project materials shall remain with Seattle City Light. 2. The Lead Agency shall install, if not already installed, inner duct in all Seattle City Light conduit in which the Participating Agencies install Fiber Optic Cable subject to the following conditions: a. Any Conduit utilized by the Lead Agency must be filled with inner duct to the maximum extent feasible, up to a maximum of four one -inch inner ducts. b. An inner duct must be installed in any Conduit utilized by the Lead Agency. C. Seattle City Light must approve in writing both the type and the color of any inner duct prior to installation by the Lead Agency. d. All inner duct that is installed must have pull strings, unless the inner duct has Fiber Optic Cable(s) in it. All inner duct installed shall become the property of Seattle City Light. 3. Splices, loops, coils or fiber termination equipment shall not be placed in City Light Department Underground Facilities or in Building Vaults. Penetrations of Building Vault walls must be done in accordance with applicable fire codes and standard construction practices. V. Backup Facilities In recognition of the critical nature of the telecommunications services to be provided via the Fiber Optic Projects being constructed and used under this Agreement, the Participating Agencies shall attach to each Project Agreement written backup/alternative communication plans that will be used by the Participating Agencies in the case of Fiber Optic system failure, relocation requests or service interruptions or any other reason that arise from being co - located with Seattle City Light facilities. ref: FinAdmin Ord/Agrmt No. 2 (FSFOIP.GTG) Addendum 1-3 Addendum 1: Authorizing Use of City of Seattle Underground or Transmission Facilities July 27, 2010 Packet Pg. 178 8.ti.a ADDENDUM 2: SPECIAL TERMS AND CONDITIONS FOR AGREEMENTS WITH THE UNITED STATES GOVERNMENT This Addendum modifies the Terms and Conditions of the Model Agreement for Fiber Sharing Projects in which the United States Government, by and through the General Services Administration (hereafter referred to as GSA), is either a Facility Owner, Lead Agency or Participating Agency. The modifications are necessary due to the special requirements of federal statutes or federal administrative policies. Unless otherwise noted, these modifications override the Terms and Conditions of the Model Agreement for Fiber Sharing Projects. All parties to a fiber project in which GSA is either a Facility Owner, Lead Agency or Participating Agency shall agree to these modifications in their entirety. The following paragraph will supplement the provisions of Section II, Relationships Among Participating Agencies, Paragraph B., Principles: The GSA, as an agency of the United States government, intends to participate in the fiber optic project to the fullest extent practicable. As such, if and when additional moneys are necessary, beyond those agreed to at the start of cacti project, the L►nited States government intends to pay such prorated share of these additional expenses, calculated in accordance with Model II of this agreement. The request for additional moneys will be presented to the United States government in the form of a 'claim' as described in the attached Federal Acquisition Regulations (FAR), Clause, 52.233-1, Disputes. The term "Contractor" referred to in the text of the attached FAIL would either be the Facility Owner or the Lead Agency or both, %vhichever is applicable. Il. The following paragraph will supplement the provisions of Section II, Relationships Among Participating Agencies, Paragraph I., Taxes: The GSA, as an agency of the United States government, is exempt from the payment of any federal, state or local taxes. As part of any fiber project, the Facility Owner, Lead Agency or Participating Agencies agree not to assess the GSA for any federal, state or local taxes. Addendum 2-1 Addendum 2 Speaal Terms and conditions For Agreements With the United States Governrrent Juty 27, 2010 Packet Pg. 179 8.6.a III. The following paragraph will supplement the provisions of Section II, Relationships Among Participating Agencies, Paragraph J., Payments: The GSA, as an agency of the United States government, will make payments in accordance with the Prompt Payment Act, Public Law 31 USC 3 90 1, as amended. Payments for services under this agreement will be made by the United States Government only in arrears. IV. The following paragraph will replace the provisions of Section III, Relationships Among Participating Agencies and the Lead Agency, Paragraph H., Indemnification as follows: H. Save Harmless Except as limited below, the Facility Owners and Participating Agencies shall save harmless the Lead Agency, its officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event that there has been gross negligence or willful misconduct by the Lead Agency in connection with this Agreement. If any claim arises to which this provision may be applicable, the Facility Owner shall, immediately upon learning of such claim, notify the Lead Agency, and upon such notice, the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay, settle or otherwise compromise such claim without the prior written consent of the Participating Agencies, who shall not unreasonably withhold such consent. The United States Government cannot indemnify another entity or agency for any reason (Antideficiency Act, 31 U.S.C. 1341, Adequacy of Appropriations, 41 U.S.C. 11). The resolution of any claims against the United States Government under this Agreement will be done in accordance with the Contract Disputes Act of 1978, Public Law 41 USC 601-611, as amended. V. The following paragraph will replace the provisions of Section IV, Relationship With Facility Owners, Paragraph K., Indemnification as follows: K. Save Harmless Except as limited below, the Lead Agency and Participating Agencies shall save harmless the Facility Owner, its officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event that there has been gross negligence or willful misconduct by the Facility Owner in connection with this Agreement. If any claim arises to which this provision may be applicable, the Facility Owner Addendum 2-2 Addendum 2: Special Terms and Conditions For Agreements With the United States Government July 27, 2010 Packet Pg. 180 8.6.a shall, immediately upon learning of such claim, notify the Lead Agency, and upon such notice, the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay, settle or otherwise compromise such claim without the prior written consent of the Participating Agencies, who shall not unreasonably withhold such consent. The United States Government cannot indemnify another entity or agency for any reason (Antideficiency Act, 31 U.S.C. 1341, Adequacy of Appropriations, 41 U.S.C. 11). The resolution of any claims against the United States Government under this Agreement will be done in accordance with the Contract Disputes Act of 1978, Public Law 41 USC 601-613, as amended. VI. The following paragraph will replace the provisions of Section VI, Additional Terms and Conditions Applicable to all Fiber Optic Project Agreements, Paragraph D., Term: Fiber Optic Project Agreements shall become effective upon the execution of all Participating Agencies, and unless terminated in accordance with the provisions of Article VI. E - Termination, shall continue in effect for a term of ten (10) years. One year prior to the expiration of this ten year period, the Participating Agencies shall in good faith negotiate a new Agreement for a ten (10) year period. As a starting point for negotiations of an Agreement, the Participating Agencies will use the Fiber Optic Project Agreement as the framework for further negotiations. Under the terms of any Agreement, the Participating Agencies shall continue to make payments to Facility Owners for use of Facilities and to make other payments specified in the Fiber Optic Project Agreement. VII. The following paragraphs will supplement the provisions of Section VI, Additional Terms and Conditions Applicable to all Fiber Optic Project Agreements, Paragraph E., Termination: 3. The GSA, as an agency of the United States government, has the right to terminate this Agreement, in whole or in part, in accordance with the attached Federal Acquisition Regulation (FAR), Clause 52.249-6, Termination (Cost Reimbursement). The term "Contractor" referred to in the text of the attached FAR would either be the Facility Owner or the Lead Agency or both, whichever is applicable. VIII. The following paragraphs will replace the provisions of Section VI, Additional Terms and Conditions Applicable to all Fiber Optic Project Agreements, Paragraph L., Applicable Law and Venue: All agreements among the Participating Agencies shall be construed and interpreted in accordance with the laws of the United States of America and the Addendum 2-3 Addendum 2: Special Terms and Conditions For Agreements With the United States Government July 27, 2010 Packet Pg. 181 8.6.a laws of the State of Washington. The venue of any action brought hereunder shall be in the United States Federal District Court, Western District of Washington at Seattle. IX. The following paragraphs supplements the provisions of Section VI, Additional Terms and Conditions Applicable to all Fiber Optic Project Agreements, Paragraph S., Arbitration/Mediation: Any dispute arising under this Agreement will be subject to the Contract Disputes Act of 1978, Public Law 41 U. S.C. 601-613. During the pendency of a dispute, the parties shall not be excused from performance of this Agreement. ref: FinAdmin Ord/Agrmt No. 2 (FSFOIP.GTC) Addendum 2-4 Addendum 2: Special Terms and Conditions For Agreements With the United Statea Government July 27, 2010 Packet Pg. 182 8.6.a w W N a 0 U Y m 0 ++ L Z X L W A♦ W m ELL r C 0 �U C Q M N 0 N r z a ` c Z U 3Q�I Y k W s Jaqj E U M N Q � A y 1� O f FI9 ' ° U m Y U F � R O laq!A p N N N N T pp M M eQ•f T N N rl O 'I �O IO O C 7 L a L 73 6 y y [/. 'J� J N _ O V: ✓: V; y y y :/I f Vi V; f V: V: U1 V) r y L: N Y _ _ __ N r _ t� r n - T N t•I P P N N N m N _ c C 7 E = F p z G K _ _-v G Q = C fi t 7 _ s a sd - Z C =iv U o c _ n E yi L 0 d V IY G k W N »w '1 1 i �'1 U Chi, -A. 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Y. 69 64 69 � 6? 69 FP, f5 � 69 69 h � fP fA ffi 69 N fq T F En A — o�— ❑ O- 4'l S mL4- o _ `o c � � = O o Z 7 7 - J - o _ zo oo r r o ~O - - oo _ _ _ .. _ ❑ _ n Y c a m = _ - - - a - In JW ) < ,/1 - = L ;� Y - v 0 N O N M, cM r Cl) O N O N z Ix w U) a O U Y `I w CD C o N Cl) ~I � cu CL LL N O U Cl) N O N co Packet Pg. 185 8.6.a NZ w W N a O V Y Q M N C) N r C {� rn a = m 3 4 W E ja41.j � O p N Q UI n V th r N V N 1.1 C o c pU F T. �4 nq! r W p 9 a c a ry 69 n bq O 405 � C 509 G05 00 r V3 P � OJ O 605 OW � FP �s Q Y r V1 - � a F f k. O G i — L U z - z z W z m —J > Z U o y o V N ¢ ` °d ❑ l{') .= U V N L ate.. iq m 0 U Z U C E = o g ._ c o o Z c d W a o `o z co CD Un m Uo F c tl z, > W o Er 'o ❑ t> Q a a c i o o in iz r c W rn Un x z > FE _ C z z L W O O O O O U LL' Q' U of U LL' od U_ y f/J U U — W N W c Un O W$ UA p W U) ao W O 0) m a < N Q Y CO Y Y UA Il fl w fl e d m d U v 0 IT N O N M m Cl) 0 N O N Z m LU 0_ O � o m d. H o I -2 EL LL cn O U O U Cl) N O N_ m Packet Pg. 186 8.6.a z�/ w W a 0 V Y n n a o In a o a a - W VJ W y N G � •= y N N N N N N b9 V. N N N N fA N M Y n o c c o v o � Q � C ° o F U o z m `- X N N N 9 d N F `p e U o _ .� •� m F � e � 0000 � z u r�i� � n � N m Q rn O — 3u yN x 10 5 J F F a y v ¢] o Z N - O N C H � 'o m c7 In O p O CO am x d - E m acLLI i z o - a� cn z - S t m U) O 10 a= G y U N C v 0 It N O N Tip CO LO Cl) O N O N z w a O A w O C O cc cc Lf) N IL LL En O U co .O w t O X O Lu E �I E (DI U) E 7 � � a)C = � to Q Y Packet Pg. 187 8.6.a w W N/� IL O a.+ Y W 0 �+ L t as X L W L I � � N t�0 � L •F+ C O wU � L a� a N Q N L C 4 C p _ ,; J � N Q FA b9 N — O C 75 C R N JMe �Lo. V > r E C C t0 c m - E m m a E G O L a C D U R G N O d A U C Gl � 'r C R u p z � Ley _ R u E c m E R R R c d z a u cn � o o m_ `o E n o a a 4 4 J A q _ C N Y N N N N Eppp • O N N ,f Y. N .• Y C ` D a a C s F G O O C O v H N V U J fU U U U U U V 2 IL It 0 N N TV M IV Cl) O v CV 0 N zzN w W a O En O U N cn cu N J N O IL \:3 cu c O U M N N m r L = X p W E �� E EI � � O c = a0 = -O 'L Q Y E k� a Packet Pg. 188 8.6.a 2 Y Packet Pg. 189 8.7 City Council Agenda Item Meeting Date: 05/21/2024 Job Order Contracting - Proposal and Agreement Extension Staff Lead: Thom Sullivan, Facilities Manager - Department of Public Works Department: Public Works & Utilities Preparer: Royce Napolitino Background/History During the 2019 Legislative Sessions, RCW 39.10.420-460 was amended to allow all public agencies to use Job Order Contracting (JOC) for public works projects when a determination is made that the use of job order contracts will benefit the public. The Job Order Contracting program is anticipated to benefit multiple divisions and departments, including Public Works Engineering and Construction, Road Maintenance, Wastewater, Surface Water, Facilities, Parks, Recreation and Cultural Services and other public works projects. March 9, 2021- The Parks and Public Works committee and the Finance committee approved the Job Order Contracting agenda bill for consent on the City Council's full agenda. April 6, 2021 - The City Council consented the approval of Job Order Contracting initiating staff process for advertising a Request for Proposal. May 25, 2021 Contract with Gordian Group went in to effect for Job Order Contracting support services. May 2024 notification of intent to extension of professional services agreement and general construction contractor contracts. Parks -Public Works Committee reviews and approves this item for Council Consent Agenda May 14, 2024 Staff Recommendation At this time, the Parks and Public Works Committee approve on consent to the City of Edmonds accepting the extension of the existing professional services agreement with Gordian Group and general construction contracts with Saybr Contractors, Centennial Contractors Enterprises Inc, and Forma Construction for one year ending May 23rd 2025. Narrative The objectives of the City's JOC program are to rapidly engage contractors in the performance of small to medium sized public works projects; to reduce construction, design, and planning costs; and to develop relationships and contracts with contractors to more quickly and efficiently respond to emergency situations. The PSA will allow the City to partner with Gordian to create and administer the Job Order Contracting program for the City in compliance with RCW 39.10.410.420.460. Attachments: JOC Contract Extension_Saybr_5.2.2024 JOC Contract Extension_ Forma_5.2.2024 JOC Contract Extension Centennial 5.2.2024 Packet Pg. 190 8.7.a 5/2/2024 Saybr Contractors Attn: Cory Holien 3852 South 66' Street Tacoma, WA. 98409 RE: Notice of Intent to Extend Contract City of Edmonds Job Order Contract Dear Mr. Holien, In accordance with Section 3 ("Contract Time") of the above referenced contract, the City of Edmonds hereby notifies Saybr Contractors that it would like to exercise the contract's one (1) year bilateral Option Term, which would extend the contract through 5/24/2025. If Saybr Contractors agrees to the extension, it will be subject to all terms and conditions of the original contract and any modifications agreed upon during the original contract period. All terms and conditions shall remain in full force and effect, unless mutually agreed upon by both parties in writing in a duly executed amendment to the original contract. Please indicate Sabyr Contractors' agreement to the exercise of the Option Term by signing and returning a copy of this letter to the City of Edmonds. Sabyr Contractors By: Name: City of Edmonds Mike Rosen Title: Mayor Date: / / Date: Packet Pg. 191 8.7.b 5/2/2024 Forma Construction Attn:Jesse Tax 10161 s` Ave. South, Suite 400 Seattle, WA. 98134 RE: (Notice of Intent to Extend Contrac� City of Edmonds Job Order Contract Dear Mr. Tax, In accordance with Section 3 ("Contract Time") of the above referenced contract, the City of Edmonds hereby notifies Forma Construction that it would like to exercise the contract's one (1) Commented [SECT]: The parties' contract requii parties to agree to extend, so this is worded so th City is giving notice of its desire to extend. year bilateral Option Term, which would extend the contract through 5/23/20251. -. - Commented [SEC2]: I don't have copies of the e agreements, so please verify the current end dat( If Forma Construction agrees to the extension, it will be subject to all terms and conditions of the Libby indicated in his email that the end date is"E which appears to mean 5/23/2024. If that is corn original contract and any modifications agreed upon during the original contract period All terms the one-year extension would be from 5/24/2024 and conditions shall remain in full force and effect unless mutually agreed upon by both parties in 5/23/2025 (365 days). writing in a duly executed amendment to the original contract. Please indicate Forma Construction's agreement to the exercise of the Option Term by signing and returning a copy of this letter to the City of Edmonds. Forma Construction By: 1►F Date: / / City of Edmonds Mike Rosen Mayor Date: Packet Pg. 192 8.7.c 5/2/2024 Centennial Contracts Enterprises Inc. Attn: Walter Grobler 5700 6t" Ave. South, Suite 105 Seattle, WA. 98108 RE: Notice of Intent to Extend Contract City of Edmonds Job Order Contract Dear Mr. Grobler, In accordance with Section 3 ("Contract Time") of the above referenced contract, the City of Edmonds hereby notifies Centennial Contracts Enterprises, Inc. that it would like to exercise the contract's one (1) year bilateral Option Term, which would extend the contract through 5/23/2025 If Centennial Contracts Enterprises, Inc. agrees to the extension, it will be subject to all terms and conditions of the original contract and any modifications agreed upon during the original contract period. All terms and conditions shall remain in full force and effect, unless mutually agreed upon by both parties in writing in a duly executed amendment to the original contract. Please indicate Centennial Contracts Enterprises, Ines agreement to the exercise of the Option Term by signing and returning a copy of this letter to the City of Edmonds. Centennial Contracts Enterprises, Inc. City of Edmonds By: Name: Mike Rosen Title: Mayor Date: / / Date: Packet Pg. 193 8.8 City Council Agenda Item Meeting Date: 05/21/2024 Fleet Mechanic Job Description Revision Staff Lead: Emily Wagener Department: Public Works & Utilities Preparer: Royce Napolitino Background/History The Fleet Mechanic position within the Public Works Department is a Teamsters represented position. City of Edmonds most recent contract with Teamsters Local Union No. 763 is demonstrated in the Agreement by and between City and Teamsters CBA 2022-2024 Final. The Public Safety -Planning -Human Services -Personnel Committee forwarded this item to the City Council Consent Agenda May 14, 2024 Staff Recommendation Approve the job descriptions on the 5/21/2024 Consent Agenda. Narrative The attached document captures the Fleet Mechanic Job description language changes. This provides updates and miscellaneous corrections to grammar and formatting. The title was updated to match that agreed upon during the most recent bargaining cycle. Minimum qualifications were updated to include CDL certification, and the air brake repair and air condition certification. The increased time to obtain these certifications mirrors similar jobs within the City. All Teamsters positions include a 12-month probationary period requirement. Attachments: Fleet Mechanic Job Description Revision_May 2024 Packet Pg. 194 8.8.a City of EDMONDS Washington Mechanic Department: Public Works - Fleet Pay Grade: K Bargaining Unit: Teamsters FLSA Status: Non --Exempt Revised Date: "i�:203May 14, 2024 Reports To: Fleet Manager POSITION PURPOSE: Under general supervision, evaluates, diagnoses, repairs and maintains a variety of diesel, gas and propane powered City vehicles and equipment including: police, community service and public works vehicles; ensures equipment and vehicles are operating in good and safe working condition; repairs and maintains a variety of small equipment as well as shop equipment as assigned. ESSENTIAL FUNTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Diagnoses, repairs and maintains diesel and gas powered vehicles and equipment on a regular schedule or as needed; troubleshoots and diagnoses problems. • Designs and manufactures parts; performs repairs to original or superior specifications. • Verifies quality and workmanship of repairs or alterations. • Performs scheduled preventative maintenance services on City vehicles and equipment including fluid and filter changes; maintains, inspects and repairs steering and suspension systems, hydraulic and air powered ABS brake systems, heating and air conditioning systems, electronic ignition systems, fuel delivery and emissions systems, emergency lighting, automatic and manual transmissions and other as required. • Repairs ABS and other brake systems, engines and drive train components. • Repairs and maintains trailers and other related equipment; repairs and tunes engines using standard testing equipment. • Plans, designs, cuts, welds, machines, drills and fabricates parts and accessories as needed for vehicle parts; repairs and maintains a variety of equipment, mobile and stationary generators, air compressors, and occasional small equipment items. • Installs equipment in emergency vehicles including: radios, laptop computers, flashlight chargers, rotating beacons, strobe and bar lights, cellular phones, sirens, external speakers and safety equipment. • Designs and manufactures mounts for radios and computers; operates and maintains shop related equipment including: a tire machine, wheel balancer, welding equipment, hydraulic jacks and hoists, hydraulic press and drill press, air compressor, electronic gas analyzer, air conditioning equipment, charging system analyzer, ethylene glycol recycler and other related equipment as needed. • Maintains a variety of records on maintenance and repairs performed. • Serves on committees as assigned; attends meetings and workshops. Fleet Mechanic Last Reviewed: 4/30/2024 Last Revised: 05/14/2024 Packet Pg. 195 8.8.a JOB DESCRIPTION Fleet Meehan, 2 of 3 • Communicates with other departments in-erde�to diagnose problems and coordinate repairs; coordinates with outside vendors and service managers to purchase parts and update repair information as directed. Required Knowledge of: • Operation, maintenance and repairs of gasoline and diesel —powered engines. • Methods, equipment, tools and materials used in the repair and maintenance of vehicles and equipment including computer testing equipment and preventative maintenance. • Diagnostic procedures for vehicles and equipment. • Emissions laws and regulations. • Air brake hydraulic and ABS brake systems and air conditioning systems. • Safety and health rules and regulations. • Manufacturer, equipment and vehicle manuals, repair manuals and parts purchasing catalogs. • Effective oral and written communication principles and practices to include customer service. • Basic record keeping techniques and practices. • Modern office procedures, methods, and equipment including computers and computer applications necessary to perform assigned duties. • English usage, spelling, grammar and punctuation. Required Skill in: • Diagnosing, maintaining and operating a variety of City vehicles and equipment. • Troubleshooting problems with the use of standard automotive diagnosing equipment. • Reading and understanding manuals concerning the equipment and vehicle preventative maintenance and repairs. • Applying and adhering to safe work practices. • Meeting timelines and schedules. • Interpreting and applying applicable federal, state, and local policies, laws and regulations. • Utilizing personal computer software programs and other relevant software affecting assigned work. • Establishing and maintaining effective working relationships with staff, management, vendors, outside agencies, community groups and the general public. • Maintaining vehicle repair and maintenance records. • Communicating effectively verbally and in writing, including customer service. MINIMUM QUALIFICATIONS: Education and Experience: High School Diploma/GED Certificate supplemented by the completion of an apprenticeship program and four years of mechanic experience in the automotive or heavy truck industry that includes the diagnosis, maintenance and repair of gasoline and diesel_ powered vehicles and equipment; OR an equivalent combination of education, training and experience. Required Licenses or Certifications: • A Valid Driver's license is required at time of hire. State of Washington Driver's License required within 30 days from date of hire. Fleet Mechanic Last Reviewed: 4/30/2024 Last Revised: 05/14/2024 Packet Pg. 196 8.8.a JOB DESCRIPTION Fleet Mechanic 3of3 • "Class A" CDL with air brake and tanker endorsements within one year from date of hire. Commented [EW1]: To match other CDL jobs one. C Valid State of Washington Dr'vpr'c; I irpnsp and Class A CDl with air brake and tanker endorsements requirement. t ..'thin six months of hire U Successful completion of an approved air brake repair and air conditioning certification course within one p year from six MORtho ..f^thy of date of hire. - Commented [EW2]: To match CDL one-year requi Q Authorized Emissions Specialist Certificate; and ARE Gprtif nation within six months of date of h re. Commented [CR3]: Washington State has dissolve .� N • Other specialty certifications/licenses as required by state and federal law and/or OSHA and WAC emissions program and this certification no longer apd regulations may be required within a specified period of time after hire. • A criminal background check is required following a verbal offer of employment. Criminal history is not an 0 O automatic employment disqualifier. Results are reviewed on a case -by -case basis. • This position is subject to drug and t) alcohol testing in accordance with USDOT requirements. _ ca WORKING CONDITIONS: Environment: • Shop conditions. • Moderate exposure to fumes, dust, odors, oil/grease and gases. • Moderate noise. • Driving a vehicle to conduct work. Physical Abilities: • Hearing, speaking and otherwise communicating to exchange information in person or on the phone. • Operating tools and equipment necessary to perform work. • Sitting, standing or otherwise remaining in a stationary position for extended periods of time. • Performing repairs. • Bending at the waist, pushing, pulling, kneeling or crouching, reaching overhead, above the shoulder and horizontally or otherwise positioning oneself to accomplish tasks. • Lifting/carrying or otherwise moving or transporting heavy objects up to 50 lbs. • Ability to wear appropriate personal protective equipment based on required City Policy. Hazards: • Fumes from vehicle and equipment operations. • Exposure to chemicals. • Working around and with machinery having moving parts. Incumbent Signature: Department Head: Fleet Mechanic Date: Date: Last Reviewed: 4/30/2024 Last Revised: 05/14/2024 LL Packet Pg. 197 8.9 City Council Agenda Item Meeting Date: 05/21/2024 Presentation of Amendment to PSA with Herrera for the Storm and Surface Water Comprehensive Plan Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On June 20, 2023, City Council approved a Professional Service Agreement with Herrera for Phase I of the Storm and Surface Water Comprehensive Plan (SCP). On January 16, 2024, an update was presented to City Council on the public engagement process and goals for the SCP. On May 14, 2024 this item was presented to the Parks and Public Works Committee and was forwarded to the consent agenda for approval. Staff Recommendation Approve amendment. Narrative The SCP was last updated in 2010 and provides a road map for the operation & maintenance and capital programs of the City's Stormwater Utility as well as other actions to help reduce flooding and reduce the impact of stormwater runoff on surface waters. Phase I of the project included extensive outreach to residents and other stakeholders to shape the goals of the SCP. This $312,705 amendment provides funding to complete the SCP. The original $127,848 PSA included the tasks of: 1) Initial public engagement on community needs, 2) Development of storm and surface water program goals, and 3) A draft capital improvement plan for storm and surface water projects moving forward. These tasks are substantially complete. Attachment 2 is the presentation from the January 16, 2024 City Council meeting. This amendment will bring the total contract amount to $440,553 and include the following tasks: 1) Development of polices and identifying stormwater program needs to implement the goals; especially staying in compliance with the Dept. of Ecology Municipal Stormwater Permit, that is scheduled to be revised in 2024; 2) Updating the Stormwater Capital Improvement Plan; 3) Developing the Draft SCP that includes a financial plan to pay for the identified needs; 4) A second round of public engagement to get feedback on the draft SCP; 5) Finalizing the SCP. Packet Pg. 198 8.9 Attachments: Attachment 1- amendment Attachment 2 - 1/16/24 presentation Packet Pg. 199 8.9.a of E D " 0� d CITY OF EDMONDS MIKE 121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 - WWW.EDMONDSWA.GOV ROSEN MAYOR PUBLIC WORKS DEPARTMENT I ENGINEERING DIVISION AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City," and Herrera Environmental Consultants, hereinafter referred to as the "Consultant," entered into an underlying agreement for Storm and Surface Water Management Comprehensive Plan Update services, dated June 26, 2023 ("Underlying Agreement"); and WHEREAS, the Underlying Agreement, at Section 1, provides the scope of work to be performed, referencing an attached Exhibit A which provides the scope of work details; and WHEREAS, the Underlying Agreement references an attached Exhibit B which provides the fee schedule for the work to be performed; and WHEREAS, Section 12 of the Underlying Agreement ("Changes/Additional Work") provides that changes to the scope of work and fee schedule will be effective only upon the approval of both parties of a written amendment to the Underlying Agreement; and WHEREAS, additional tasks to the original Scope of Work have been identified with regard to providing support to update the City's Storm and Surface Water Management Comprehensive Plan (SCP); and WHEREAS, the City and the Consultant have agreed to an expanded scope of work, as well as increased compensation and an update to the rates and cost reimbursement set forth in the Exhibit B fee schedule; NOW THEREFORE, in consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement of June 26, 2023 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 is hereby 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. EUD.Herrera Amend 1 1 Packet Pg. 200 8.9.a 1.2 Pam. The $127,848 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 $312,705 for the additional scope of work identified in Exhibit A to this Amendment No. 1. As a result of this Amendment No. 1, the total contract amount is increased to a new total not -to -exceed amount of $440,553 ($127,848 plus $312,705). 1.3 Fee Schedule. Exhibit B to the Underlying Agreement consisting of the fee schedule is hereby amended to include the form set forth on the attached Exhibit B, 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 in this Amendment No. I but only as set forth herein. DATED this day of CITY OF EDMONDS Mike Rosen, Mayor ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney EUD.Herrera Amend 1 2 2024. HERRERA ENVIRONMENTAL CONSULTANTS, INC Theresa M. Wood, Vice President Packet Pg. 201 8.9.a STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day of 2024, before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Theresa M. Wood, to me known to be the Vice President 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: E6FD.Herrera Amend 1 3 Packet Pg. 202 8.9.a (VAHERRERA - Science + Planning + Design EXHIBIT A. SCOPE O F WORK CITY OF EDMONDS STORM AND SURFACE WATER MANAGEMENT COMPREHENSIVE PLAN UPDATE - AMENDMENT 1 FOR PHASE 2 WORK The City of Edmonds (City) authorized Herrera Environmental Consultants (Herrera) to prepare a scope of work and cost estimate outlining services that Herrera will provide to support the update of the City's Storm and Surface Water Management Comprehensive Plan (SCP). Rebecca Dugopolski is Herrera's project manager for this project. Mike Del-illa is the City's project manager. This scope of services includes a discussion of the activities, assumptions, deliverables, and a schedule associated with Phase 2 of this project, which is anticipated to include the following: Task 2.1 — Project Management/Contract Administration....................................................2 Task 2.2 — Data Gaps and Needs Assessment...........................................................................2 Task 2.3 — Develop SCP Policies....................................................................................................4 Task 2.4 — Community Engagement (Phase 2)......................................................................... 5 Task 2.5 — Update the Stormwater Capital Improvement Project Plan .............................6 Task2.6 — Contingency....................................................................................................................9 Task 2.7 — Perform Financial Analysis........................................................................................10 Task2.8 — Develop SCP..................................................................................................................11 ProjectBudget...........................................................................................................................................15 DraftProject Schedule............................................................................................................................15 The Herrera team for Phase 2 of this project includes Herrera, Cascadia Consulting Group (Cascadia), WSP, and FCS Group. This is an amendment to the Phase 1 scope and budget approved by the Edmonds E City Council on June 20, 2023. 0 a May 3, 2024 Page 1 of 17 rd edmonds_scp_phase2scope_final_20240503.docx HERRERA Packet Pg. 203 8.9.a SCOPE OF WORK Task 2.1 - Project Management/Contract Administration Herrera will be responsible for ongoing management and contract administration of this project, including preparing monthly invoices, as well as coordination of work efforts with the City's project manager (Mike DeLilla). Herrera's project manager and contract manager will have phone and e-mail contact with the City's project manager and other City representatives on an as -needed basis with regard to scope, schedule, budget, and invoicing. This task also includes regular check -in meetings between the Herrera and City project manager. These meetings are in addition to task -specific meetings outlined in previous tasks. Assumptions • Check -ins will occur on a monthly basis at a minimum, but can be scheduled more frequently (every 2 weeks) as needed. Meetings will be conducted via Microsoft Teams. • Herrera and the City will provide contact information for project manager back-ups should primary contact(s) be unavailable. Deliverables • Draft and final detailed schedule for Phase 2 (Microsoft Project) • Bi-weekly check -in meetings with City project manager and Herrera project manager • Monthly invoices and progress reports Task 2.2 - Data Gaps and Needs Assessment Subtask 2.2.1 - Define Stormwater Program Needs A kickoff workshop will be held with City staff from the Public Works & Utilities Department (including development review staff, engineering staff, and operation and maintenance [O&M] personnel). This workshop will help establish a mutual understanding of the City's stormwater program needs between the City and the Herrera team. Herrera will develop a simple questionnaire for City staff to complete before this meeting to guide the workshop discussion. May 3, 2024 rd edmonds_scp_phase2_scope_final_20240503.docx Page 2 of 17 �Aj, Packet Pg. 204 8.9.a SCOPE OF WORK Workshop topics are expected to include the following: • Desired format or structure of SCP and implementation strategy • Asset management approaches • Interest in GIS tools • Climate change adaptations (including sea level rise and frequency of severe rain events) • Overall stormwater program status (what is working and where is there room for improvement) • Public and private development that has occurred since the 2010 plan, as well as planned development that will impact stormwater and surface water • Implementation tools to support integration with municipal code and Stormwater Addendum • Overall objectives for the City's stormwater program (e.g., beyond achieving regulatory compliance) Once input from City staff has been compiled and discussed, Herrera will use this information to identify and prioritize the City's needs and issues at a high level, laying the foundation for subsequent tasks. Subtask 2.2.2 - Prepare Data Gaps and Needs Assessment The Herrera team will use the results of the data review (Task 2 in the Phase 1 scope of work) and workshop (Subtask 2.2.1) to compare the status of stormwater program elements with regulatory drivers and internal City needs and requirements. Herrera will identify gaps in program coverage and work with the City to develop a plan that addresses those gaps. The Herrera team wil I assess options and needs to address gaps and needs in program coverage; such as additional funding, equipment, staffing, stakeholder concerns, budgetary needs, policy changes or updates, and planning considerations. The Data Gaps and Needs Assessment technical memorandum will document the City's existing stormwater program and identify gaps in the program as defined by the 2019-2024 and draft 2024-2029 National Pollutant Discharge Elimination System (NPDES) Phase II municipal stormwater permit (Phase II permit). The technical memorandum will be a supporting appendix to the SCP, with the key findings summarized in the body of the SCP. Herrera will also develop a compliance schedule for meeting the 2024-2029 Phase II permit requirements and identify where additional funding, equipment, and/or staffing is needed to support upcoming permit requirements. Assumptions • Up to four Herrera team members will participate in the Subtask 2.2.1 workshop with City staff. One virtual workshop is assumed, lasting 3-4 hours long. a May 3, 2024 Page 3 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx HERRERA Packet Pg. 205 8.9.a SCOPE OF WORK • The City will identify and invite other City staff to participate in the Subtask 2.2.1 workshop. • The City will review a workshop questionnaire for Subtask 2.2.1, provided by the Herrera team, and provide consolidated feedback to the Herrera team. • Up to two virtual follow-up meetings will be scheduled with specific City and Herrera team staff to discuss different aspects of the stormwater program (that will be evaluated for this task) in more detail. • The Herrera team will develop draft workshop/meeting notes, summarizing the discussion during the Subtask 2.2.1 workshop and subsequent follow-up meetings. • This task does not include assistance with code amendments necessary to implement new programs (if applicable) or to meet new Phase II permit requirements. • City review comments will be provided within 4 weeks of deliverable submittals. The proposed schedule may be adjusted to accommodate City review periods. Deliverables • Draft and final workshop agenda for Subtask 2.2.1 (electronic [Word]) • Draft and final questionnaire for City staff for Subtask 2.2.1 (electronic [Word]) • Draft and final workshop notes for Subtask 2.2.1 (electronic [Word]) • Draft and final gap analysis and needs assessment technical memorandum for Subtask 2.2.2 (electronic [Word and PDF]) • Draft and final compliance schedule for the 2024-2029 Phase II permit requirements (electronic [Word or Excel]) Task 2.3 - Develop SCP Policies Herrera will work with the City to develop policies that are aligned with the goals developed during Phase 1 of the project. Assumptions • Two virtual working meetings will be scheduled with the City (up to 1 hour each) to review and finalize the SCP policies. • The budget from Task 3.0 (Develop Draft Goals and Policies) in Phase 1 will be used to support ya this task. No new budget will be added to support this task as part of Phase 2. a May 3, 2024 Page 4 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx HERRERA Packet Pg. 206 8.9.a SCOPE OF WORK • City review comments will be provided within 4 weeks of deliverable submittals. The proposed schedule may be adjusted to accommodate City review periods. Deliverables • Draft, revised draft, and final SCP policies (electronic [Word]) Task 2.4 - Community Engagement (Phase 2) The focus of Phase 2 Community Engagement is to obtain feedback on the Draft SCP to ensure the final version of the SCP meets the needs of the community. The following outreach activities are anticipated to be included in the public participation plan for the Phase 2 work: • Provide project updates on the SCP process to be published through the City website (City lead; Cascadia, and Herrera to provide comments) • Update handout/flyer for community events and the permit counter • Host two virtual public/stakeholder workshops (Cascadia and Herrera to lead; City staff to attend) • Facilitate a follow-up meeting with City staff (Cascadia and Herrera to lead; City staff to attend) • Participate in one Public Works Committee Meeting and two City Council meetings (Herrera to attend along with City staff) Changes to the scope of the Phase 2 community engagement based on the Phase 1 outcomes will be discussed and revised with the City and Herrera team. Alternative approaches can be implemented as needed within the budget allotted to this task or using Task 2.6 contingency budget. Assumptions • The City will prepare project web page updates related to the project. Cascadia and Herrera will provide review comments on the draft web page language. The City will be responsible for posting/publishing the status updates related to the project. • City staff will be responsible for advertising/outreach for the public/stakeholder workshops • Herrera will lead the preparation of PowerPoint slides for the public/stakeholder workshops with input from Cascadia. • No additional materials (e.g., handouts) are anticipated to be needed for the virtual public/stakeholder workshops. May 3, 2024 Page 5 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx �Aj' Packet Pg. 207 8.9.a SCOPE OF WORK • Preparation for each public/stakeholder workshop will include two 1-hour coordination meetings and one dry -run meeting led by Cascadia, with Herrera staff in attendance. • Up to four Herrera team staff (including up to two staff from Cascadia) will participate in the public/stakeholder workshops (assumed to be 1-2 hours long and presented virtually). Cascadia will provide the lead facilitator and IT support for the workshop. • Cascadia and Herrera will update the handout/flyer developed during Phase 1 for outreach at community events and the permit counter. City staff will be responsible for staffing the booth at these community events. • Herrera will attend and present an update at one Public Works Committee Meeting and two City Council meetings or work sessions. • City review comments will be provided within 4 weeks of deliverable submittals. The proposed schedule may be adjusted to accommodate City review periods and City Council meeting/work session schedules. Deliverables • Review comments on draft language for the project web page • Updated handout/flyer for community events and the permit counter (electronic [PDF]) • Draft and final agenda for the public/stakeholder workshops (electronic [Word and PDF]) • Draft and final PowerPoint slides for the public/stakeholder workshops (electronic [PowerPoint and PDF]) • Draft and final meeting notes from the public/stakeholder workshops (electronic [Word and PDF]) • Facilitation of two virtual public/stakeholder workshops • Draft and final meeting notes from the follow-up meeting with City staff • Draft and final PowerPoint slides for the Public Works Committee Meeting and City Council meetings/work sessions (electronic [PowerPoint and PDF]) Task 2.5 - Update the Stormwater Capital Improvement Project Plan Building from the discussions and information gathered during Phase 1, Herrera will work with the City to evaluate specific flooding, water quality, and habitat issues and further develop solutions to incorporate a into the Capital Improvement Project (CIP) plan. The focus of the work on this CIP plan will be on May 3, 2024 Page 6 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx HERRERA Packet Pg. 208 8.9.a SCOPE OF WORK developing and packaging solutions for up to nine projects (assumes two conceptual designs, two feasibility studies, three retrofit studies, and two system rehabilitation projects). Subtask 2.5.1 — Develop CIP Project Summaries and Cost Estimates Herrera will develop draft CIP summary sheet packages for up to nine projects from Phase 1. The packages will include a "project summary sheet" outlining the problem, proposed solution, and cost estimate assumptions; project concept design drawings for the two projects with conceptual designs; and cost estimates. Cost estimates shall be prepared in accordance with the City's estimating policy. Herrera will lead a meeting with City staff to discuss comments on the draft summary sheet packages. The Herrera team will document the CIP summary sheets using an online StoryMap. The StoryMap is anticipated to include CIP development information and have approximately three sequential pages: Identified general problems (text) and site -specific problem locations (map based) Solutions (map based) with a downloadable summary sheet Future studies and plans (text and map based) if the City chooses to include these projects in their CIP The StoryMap will be set up to be available for the public during the public review period of the SCP. The public facing StoryMap may be used to collect public input on the proposed CIP plan. Subtask 2.5.2 — Prioritize CIP Projects CIP prioritization helps ensure effective use of storm and surface water utility funding and optimized service to the citizens of Edmonds. Herrera has developed and applied quantitative and qualitative frameworks for CIP prioritization to ensure that priority problems are addressed first. Drawing from examples that have proven useful and effective for other municipalities in the region, we will develop a simple and clear CIP prioritization framework specific to the City that can be easily understood and therefore supported by other City staff and decision makers. This framework will include criteria such as problem severity, level of service, project costs, flooding reduction, coordination with other utility projects, improved water quality in total maximum daily load (TMDQ areas, habitat improvements, and community values. Clear and appropriate project prioritization and scheduling will simplify the process for adopting the CIP plan. A CIP Selection and Prioritization Technical Memorandum will document the method used to select CIPs, a the prioritization process, and provide a prioritized list of CIPs with cost estimates and an implementation s schedule. Project summary sheets will be included as an appendix to the report. Where preliminary a a May 3, 2024 Page 7 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx HERRERA Packet Pg. 209 8.9.a SCOPE OF WORK hydrologic modeling is used to determine preliminary sizing, model output reports will be attached to the CIP Selection and Prioritization Technical Memorandum. Assumptions • Project summary sheets will be developed, and cost estimates will be updated for up to nine projects. Conceptual designs will be developed for up to two CIPs. The nine CIPs are anticipated to include two conceptual designs, two feasibility studies, three retrofit studies, and two system rehabilitation projects. • Herrera will use parametric (itemized) estimating as the default method for developing CIP cost estimates for the two conceptual designs; however, analogous (top down) estimating may be used in cases where projects are a low priority or cost estimates are available for similar projects. Appropriate percentages will be applied for allied costs (e.g., design, geotechnical, construction management). • Where applicable, Herrera will provide recommendations for flow and water quality measurements to support future problem analysis and solution development. • Project concept design drawings for the two conceptual designs will primarily be developed in a plan view format in GIS. If a profile or detail view is needed, project concept design drawings may be developed in CAD. Photos provided by the City or simple maps will be used for the other seven project summary sheets. • Project summary sheets from the City's existing 2024 CIP/CFP list will be folded into the SCP, but formatting of the project summary sheets will not be updated for the SCP and cost estimates will not be updated. The list of existing CIP/CFP projects that will be folded into the SCP are expected to include PWD-01: Edmonds Marsh Water Quality Improvements, PWD-03: Perrinville Creek Flow Management Projects, PWD-04: Lower Perrinville Creek Restoration Phase 1, PWD-19: Annual SD Overlays (2024), PWD-22: 7317 Lake Ballinger Way Floodplain Purchase & Structure Removal, PWD-23: Perrinville Creek Basin Analysis Update), and PWD-11-16,18: Phase 4-10 Storm Maintenance Projects (2024-30). • Several projects led by others (e.g., Parks, Port of Edmonds, WSDOT/WSF, BNSF) will be listed in the SCP due to their importance to City residents, but project summary sheets and cost estimates will not be developed for these projects. • The CIP summary sheets and cost estimates will be subject to one round of review by the City. All City review comments will be synthesized by the City project manager and consolidated into a single set of comments. • City review comments will be provided within 4 weeks of project summary sheet and cost estimate submittal. a May 3, 2024 Page 8 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx HERRERA Packet Pg. 210 8.9.a SCOPE OF WORK • Herrera will lead two virtual meetings that are each up to 2 hours long during this task to: 1. Discuss City comments on the draft summary sheet packages 2. Discuss City comments on the draft prioritization framework • Additional iterative project summary sheet and cost refinement may be performed as budget and schedule allows. • Herrera will develop the graphics and figures for the project summary sheets. • This task will not require any significant hydrologic or hydraulic modeling (i.e., no SWMM, HSPF, HEC-RAS). However, small-scale MGSFlood or WWHM modeling may be developed for BMP sizing if budget allows. • The StoryMap outlined in Subtask 2.5.1 is anticipated to convey the process and results of the CIP identification, development, and prioritization. Based on discussions with City staff over the course of this project, the content of the StoryMap may be revised to include only the CIP locations. Deliverables • Draft and final CIP Selection and Prioritization Technical Memorandum (electronic [Word and PDF]) • Draft and final versions of up to nine project summary sheets and cost estimates (electronic [PDF]) • Draft and final StoryMap describing the process and results of the CIP identification, development, and prioritization process. Task 2.6 - Contingency The nature of this project is such that additional technical needs may potentially arise that are pertinent to the overall scope of services. However, the specifics of these needs will not be known until some preliminary work has been accomplished. Examples could include: • Additional public/stakeholder workshops, City Council meetings, or other public meetings • Setting up a Konveio site for public comments • Developing additional concept designs for flooding projects May 3, 2024 rd edmonds_scp_phase2_scope_final_20240503.docx Page 9 of 17 �Aj' Packet Pg. 211 8.9.a SCOPE OF WORK The Herrera team will provide additional services as requested by and authorized by the City, subject to amendment of the approved scope of services. The Herrera team shall submit a written scope and fee estimate for supplemental services not covered in previous tasks as may be requested by the City. The City shall provide written authorization to proceed with these services prior to any such work being performed by the Herrera team. Task 2.7 - Perform Financial Analysis Subtask 2.7.1 — Prepare Level of Service Scenarios FCS Group and Herrera will work with the City to define service levels for consideration and group the stormwater utility activities (from Task 2.2) and CIPs (from Task 2.5) by service area and level. Often these service levels include "existing," "regulatory compliance," "proactive," and sometimes "comprehensive." The Herrera team will estimate the costs of achieving each service level in each program service line. Subtask 2.7.2 - Develop Rate Recommendations FCS Group will use their existing rate model to evaluate the rate impacts of the capital and operating costs associated with each level -of -service scenario, summarizing any incremental rate increases that would be needed above the rates adopted in City Ordinance No. 4330. The rate recommendations will be summarized in a brief technical memorandum. Subtask 2.7.3 — Present to City Council FCS Group will help to support presentations to City Council if needed. This subtask includes support for up to four City Council meetings or work/Council Committee sessions. Assumptions • FCS Group will work with the rest of the Herrera team and the City to produce a draft level of service assessment for all SCP activities and projects. • Up to two Herrera team members will facilitate one virtual meeting to discuss and refine the draft level of service assessment. • FCS Group team members will meet with City staff up to three times (virtually via Microsoft Teams w or Zoom meetings) to review and discuss the draft results. Herrera staff are not anticipating a participating in these meetings. Following these review meetings, FCS Group will revise the analysis and finalize recommendations. s �a a May 3, 2024 Page 10 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx HERRERA Packet Pg. 212 8.9.a SCOPE OF WORK • One FCS Group team member will attend and present rate related information and recommendations at up to four City Council meetings or work/Council Committee sessions. • City review comments will be provided within 4 weeks of deliverable submittals. The proposed schedule may be adjusted to accommodate City review periods and City Council meeting/work session schedules. Deliverables • Draft, revised draft, and final level of service matrix (electronic [Word/Excel]) • Draft and final rate recommendations technical memorandum (electronic [Word and PDF]) • Draft and final PowerPoint slides for the City Council meetings or work/Council Committee sessions (electronic [PowerPoint and PDF]) Task 2.8 - Develop SCP The SCP is intended to be a user-friendly technical and operational document that clearly communicates the current state, and recommended future ideal state, of the City's stormwater and surface water management systems and programs. This includes supporting data, analysis and rationale, predicted needs, prioritization criteria and results, and reasonable next steps to follow for continued progress. The SCP should be written in plain language for a public audience, provide regulatory and technical references and definitions where appropriate, and use well-defined graphics. Subtask 2.8.1 — Create SCP Outline and Organization The Herrera team will develop two or three optional formats for the City to consider for the SCP organization. For example, one format could include a streamlined SCP that references stand-alone modules. This format would allow the City to efficiently make changes to the underlying modules without having to revise the entire SCP, and sometimes without full review by City staff and approval by the City Council, allowing more efficient use of staff and Council time. The Herrera team will also consider any elements that might be included in the stand-alone modules that would not normally be included in the SCP. For example, the O&M program module could include links to protocols and checklists and design guidance (i.e., that are not part of the SCP). After an overall organizational structure is agreed upon, the Herrera team will develop a detailed annotated SCP outline for the City's review and approval. May 3, 2024 rd edmonds_scp_phase2_scope_final_20240503.docx Page 11 of 17 �Aj, Packet Pg. 213 8.9.a SCOPE OF WORK Subtask 2.8.2 — Develop Draft and Final SC° Early development of the SCP outline (Subtask 2.8.1) will help the City and Herrera team discuss and clarify expectations for the SCP structure and organization. As the Herrera team develops the SCP content, City staff will be consulted frequently on the outline and evolving draft SCP. This writing process will help the SCP address all aspects of the City's stormwater management program, using a clear structure that works for users and other SCP stakeholders. Assumptions • The Herrera team will develop a limited number of graphics for the SCP, such as maps, tables, and figures. The budget estimate includes development of up to six original graphics and up to six maps. The City may also provide graphics and maps to the Herrera team for incorporation into the SCP. • The City will provide photographs to include in the SCP to supplement photographs from the Herrera team. • This task includes up to three 2-hour virtual meetings to address the following topics: o Comments and questions on the revised draft SCP outline o Comments and questions on the internal review draft SCP o Comments and questions on the public review draft SCP • Meeting notes will not be prepared for the virtual meetings. Redlines and comments stemming from the virtual meetings will be incorporated into the working draft of the SCP shared by the City and the Herrera team. • The City will provide a consolidated set of comments on each draft of the SCP using tracked changes and comments in Microsoft Word or PDF, or a shared online document format. • The goal is for the main text of the SCP to be concise and streamlined (e.g., 50 to 60 pages for the main text). Additional supporting documentation (e.g., technical memorandums developed for this project) can be incorporated into the SCP as appendices. • No City Council or public meetings are included in this task. These are included in Task 2.4 (Community Engagement). • The SCP will not be converted into Adobe InDesign until the final SCP. The Adobe InDesign version of the SCP is intended to provide additional graphics to describe the recommendations in E the SCP. U a May 3, 2024 Page 12 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx HERRERA Packet Pg. 214 8.9.a SCOPE OF WORK • City review comments will be provided within 4 weeks of deliverable submittals. The proposed schedule may be adjusted to accommodate City review periods. Deliverables • Two or three example formats (PDF) • Draft and final annotated SCP outline (electronic [Word]) • Internal review draft SCP (electronic [Word and PDF]) • Public review draft SCP (electronic [Word and PDF]), ADA compliant • Final SCP (electronic [Word, InDesign, and PDF]), ADA compliant Task 2.9 - Develop Storm and Surface Water Guide The Edmonds Storm and Surface Water Guide is intended to be a public outreach document that addresses some of the frequently asked questions that the City gets asked regarding the storm and surface water utility. This guide may include some (or all) of the following topics: • Introduction to storm and surface water management in Edmonds • History and overview of the stormwater system in Edmonds • Storm and surface water utility (also known as the stormwater management utility) operational and financial framework • Up to 10 briefing papers addressing various topics related to stormwater and surface water • Frequently asked questions related to stormwater and surface water • Glossary The guide should be written in plain language for a public audience, provide regulatory and technical references and definitions where appropriate, and use well-defined graphics. Subtask 2.9.1 - Develop Storm and Surface Water Guide Outline The Herrera team will develop an annotated outline for the Storm and Surface Water Guide listing key a topics, a summary of content, outlining graphics that will be used to convey information, and listing c potential topics for briefing papers. City staff will work with Herrera to finalize the Guide outline and to E select a list of up to 10 topics to include in the 2-page briefing papers that will be included in the Guide. a May 3, 2024 Page 13 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx HERRERA Packet Pg. 215 8.9.a SCOPE OF WORK Subtask 2.9.2 — Develop Draft and Final Storm and Surface Water Guide The Storm and Surface Water Guide outline (Subtask 2.9.1) will help the City and Herrera team discuss and clarify expectations for the Storm and Surface Water Guide structure and organization. This subtask involves developing the text, graphics, and layout for the Storm and Surface Water Guide. Assumptions • The Herrera team will develop a limited number of graphics for the Storm and Surface Water Guide, such as maps, tables, and figures. The budget estimate includes development of up to ten original graphics. The City may also provide graphics to the Herrera team for incorporation into the Storm and Surface Water Guide. • The City will provide photographs to include in the Storm and Surface Water Guide to supplement photographs from the Herrera team. • This task includes up to four 1-hour virtual meetings to address the following topics: o Comments and questions on the Storm and Surface Water Guide outline o Comments and questions on the briefing papers included in the Storm and Surface Water Guide o Comments and questions on the draft Storm and Surface Water Guide • Meeting notes will not be prepared for the virtual meetings. Redlines and comments stemming from the virtual meetings will be incorporated into the working draft of the Storm and Surface Water Guide. • The City will provide a consolidated set of comments on the draft Storm and Surface Water Guide using tracked changes and comments in Microsoft Word or PDF, or a shared online document format. • The Storm and Surface Water Guide will be approximately 40 to 50 pages in length. Each briefing paper is anticipated to be 2 pages long. • The Storm and Surface Water Guide will not be converted into Adobe InDesign until the final version of the Storm and Surface Water Guide. • City review comments will be provided within 4 weeks of deliverable submittals. The proposed schedule may be adjusted to accommodate City review periods. May 3, 2024 Page 14 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx �Aj' Packet Pg. 216 8.9.a SCOPE OF WORK Deliverables • Draft and final annotated Storm and Surface Water Guide outline (electronic [Word]) • Draft briefing papers (electronic [Word]) • Draft Storm and Surface Water Guide (electronic [Word and PDF]) • Final Storm and Surface Water Guide (electronic [Word, InDesign, and PDF]) Project Budget The estimated project budget is provided in Exhibit B. Draft Project Schedule Task Deliverable/Meeting Timeline ',I Task 2.1 — Project Draft detailed Phase 2 schedule May 31, 2024 Management/Contract Final detailed Phase 2 schedule June 14, 2024 Administration PM check -in meetings June 2024 — May 2025 Monthly invoices and progress reports June 2024 — May 2025 Task 2.2 — Data Gaps Draft workshop agenda and questionnaire May 31, 2024 and Needs Assessment Final workshop agenda and questionnaire June 28, 2024 Workshop with City staff July 2024 (TBD) Draft workshop notes 1 week after workshop Final workshop notes 2 weeks after workshop Draft gap analysis and needs assessment technical September 27, 2024 memorandum Draft compliance schedule for the 2024-2029 Phase II September 27, 2024 permit requirements Final gap analysis and needs assessment technical November 8, 2024 memorandum Final compliance schedule for the new 2024-2029 November 8, 2024 Phase II permit requirements Task 2.3 — Develop SCP Draft SCP policies June 7, 2024 Policies Virtual meeting #1 June 12, 2024 (TBD) Revised draft SCP policies July 12, 2024 Virtual meeting #2 July 17, 2024 (TBD) ................................................................................................................_.._Final.._SCP..policies......................................................................................................................................................_...July 3.1,..2024................................................................... Task 2.4 — Community Comments on draft web page language As needed Engagement (Phase 2) Draft updated handout/flyer June 2024 (TBD) Final updated handout/flyer July 2024 (TBD) Draft workshop #1 agenda September 13, 2024 May 3, 2024 Page 15 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx alk HERRERA Packet Pg. 217 8.9.a SCOPE OF WORK Task Deliverable/Meeting Timeline ',I Task 2.4 — Community Coordination meeting #1 September 18, 2024 (TBD) Engagement (Phase 2) Draft workshop slides September 23, 2024 (TBD) (continued) Dry run September 25, 2024 (TBD) Final workshop agenda September 30, 2024 (TBD) Final workshop slides September 30, 2024 (TBD) Public/stakeholder workshops #1 & #2 October 2024 (TBD) Draft workshop notes 1 week after workshop Final workshop notes 2 weeks after workshop Follow-up meeting 1 week after workshop Draft notes from follow-up meeting 1 week after meeting Final notes from follow-up meeting 2 weeks after meeting Draft slides for City Council meeting #1 December 23, 2024 Final slides for City Council meeting #1 December 31, 2024 City Council meeting #1 January 2025 (TBD) Draft slides for Public Works Committee meeting February 18, 2025 Final slides for Public Works Committee meeting February 25, 2025 Public Works Committee meeting March 2025 (TBD) Draft slides for City Council meeting #2 March 4, 2025 Final slides for City Council meeting #2 March 11, 2025 ................................................................................................................_....City._Council meeting#2.............................................................................................................................._.._Apri12025....(TBD)................................................ Task 2.5 — Update the Draft CIP project summary sheets and cost estimates September 26, 2024 Stormwater Capital Draft StoryMap September 26, 2024 Improvement Plan Draft CIP Selection and Prioritization technical October 24, 2024 memorandum Final StoryMap October 24, 2024 Final CIP project summary sheets and cost estimates November 22, 2024 Final CIP Selection and Prioritization technical December 31, 2024 ................................................................................................................_.................................................................................................................................................................................................................................................................................................................................................................. memorandum Task 2.6 — Contingency TBD TBD Task 2.7 — Perform Draft level of service matrix October 1, 2024 Financial Analysis Virtual meeting #1 October 2024 (TBD) Revised level of service matrix October 31, 2024 Draft slides for City Council meeting/work session #1 November 5, 2024 Virtual meeting #2 November 2024 (TBD) Final slides for City Council meeting/work session #1 November 12, 2024 City Council meeting/work session #1 November 2024 (TBD) Final level of service matrix November 22, 2024 Draft rate recommendations technical memorandum November 22, 2024 Draft slides for City Council meeting/work session #2 December 23, 2024 Virtual meeting #3 December 2024 (TBD) Final slides for City Council meeting/work session #2 December 31, 2024 Final rate recommendations technical memorandum December 31. 2024 May 3, 2024 Page 16 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx AV, Packet Pg. 218 8.9.a SCOPE OF WORK Task Deliverable/Meeting Timeline ',I Task 2.7 — Perform City Council meeting/work session #2 January 2025 (TBD) Financial Analysis Draft slides for City Council meeting/work session #3 February 4, 2025 (continued) Virtual meeting #4 February 2025 (TBD) Final slides for City Council meeting/work session #3 February 11, 2025 City Council meeting/work session #3 February 2025 (TBD) Draft slides for City Council meeting/work session #4 March 4, 2025 Final slides for City Council meeting/work session #4 March 11, 2025 ................................................................................................................_..............�'..................................................................g.........................................................................................................................................................................................................................)........................................... City Council meeting/work /work session #4 March 2025 TBD Task 2.8 — Develop Example formats May 31, 2024 Draft and Final SCP Draft annotated SCP outline June 21, 2024 Virtual meeting #1 June 2024 (TBD) Final annotated SCP outline July 26, 2024 Internal review draft SCP December 2, 2024 Virtual meeting #2 December 2024 (TBD) Public review draft SCP January 29, 2025 Virtual meeting #3 February 2025 (TBD) ................................................................................................................_.................................................................................................................................................................................................................................................................................................................................................................. Final SCP March 28, 2025 Task 2.9 — Develop Draft annotated Guide outline July 19, 2024 Storm and Surface Water Virtual meeting #1 July 2024 (TBD) Guide Final annotated Guide outline August 16, 2024 Draft briefing papers #1-5 August 23, 2024 Virtual meeting #2 September 2024 (TBD) Draft briefing papers #6-10 September 20, 2024 Virtual meeting #3 September 2024 (TBD) Draft Storm and Surface Water Guide October 25, 2024 Virtual meeting #4 November 2024 (TBD) Final Storm and Surface Water Guide December 13, 2024 TBD: to be determined. a The proposed project timeline assumes that the notice to proceed for Phase 2 will be issued on May 28, 2024. b City review comments will be provided within 4 weeks of deliverable submittals. The proposed schedule may be adjusted to accommodate City review periods and City Council meeting/work session schedules. May 3, 2024 Page 17 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx (AV, Packet Pg. 219 8.9.a WAHERRERA Exhibit B Cost Estimate for City of Edmonds Storm and Surface Water Management Comprehensive Plan Update - Phase 2 Herrera Project No. 16-06448-000 5/3/2024 Task No. Herrera Labor based on: Burdened Labor Rates Dugopolskl, Rebecca Engineer VI $273.41 Fontaine, Matthew Engineer VI $273.41 Wright, Olivia Engineer IV $213.89 Chechanover, Julianne Engineer II $160.68 Brown, Jack Engineer II $150.30 Stebbing, Rebecca GIS Analyst II $128.62 Matsumoto-Hervol, Made GIS Analyst II $127.12 Vayanos, Stacy Landscape Architect III $167.08 Holtz, Liza Landscape Designer I $122.22 Jackowlch, Pamela Administrative Coordinator IV $143.93 Maloof, Charles Project Accountant III $135.81 Total Hours per Tat Subtotal Lab Subtotal Herrera Lab, 5% Escalation on Herrera Labor in 20: Escalated Subtotal Herrera Lab, Subconsultants J WSP Cascadia FCS Group 3% Fee on Subconsultan Subtotal Subconsultant Co Travel and Per Diem (PD) Auto U© Mile 2 0 64 28 1 19 1 24 1 52 0 0 0 0 0 0 12 16 102 118 $24,320 $21,649 $24,320 I $21,649 $501 $0 $24,826 1 $21,649 0 0 0 0 0 0 0 $0 $0 $0 $0 2 12 8 24 _ 8 _ 0 8 32 6 24 8 46 36 244 20 48 24 SO 103 32 4 32 SO 104 84 285 8 33 10 98 20 0 181 24 0 24 0 44 36 80 0 80 36 116 28 40 68 ^ 6 32 qr 50 0 0 0 16 94 I 248 I 80 18 I 368 204 1232 $22,565 $44,305 $19,968 $4,326 I $70,104 $41,097 $248,334 $22,565 I $44,305 $19,968 $4,326 I $70,104 $41,097 $248,334 $410 $0 $416 $93 $1,052 $0 $2,477 $22,975 $44,305 $20,384 $4,419 $71,156 $41,097 $250,811 $0 $5,000 $20,000 $20,000 $600 $20,600 $5,000 $30,000 $ $10,000 $20,000 $150 $0 $1,800 S%i50 $0 $61,800 $0 $0 $150 $10,000 $0 $300 $60o $0 $0 $10,300 $20,600 $0 _ S $0 it $0 $5,150 Subtotal Per Diem Subtotal Per Diem, Lab Costs, and ODCs Grand Subtotal Grand Total 35 om 105 0 0 0 $0 $23 $0 $10 $0 $0 $0 $0 $23 $0 $70 $0 $0 $0 d E C d E M = 1ao $0 $0 $94 t $0 $0 $94 V fC w Q 5,306 $41,097 1 $312,705 r C � s Q Packet Pg. 220 8.9.b j rTI 0 F1 0 5 eta irface Wate omprehensi ndate n ancl ManageME La Plan ,-*NV FD1, O w m E I /) 1. . I ? d Q O E City Council �- Update _ L Q N_ January 16,2024 N _ d E t C,1 Q r�+ _ d E V f� w Q Packet Pg. 221 8.9.b Presentation Topics • Storm and Surface Water Management Comprehensive Plan (SCP) Overview and Update Process • Summary of Phase 1 Public Engagement • Draft SCP Goals • Next Steps Water Sanitary Sewer Storm & Surface Water Solid Waste Other Utilities Packet Pg. 223 8.9.b r '' a� L 0 Q N a 0 w • Sets direction for managinc storm & surface waters in tl a city ° • Operations & Maintenance 0 L a plan o • Asset Management plan • Regulatory compliance • Capital improvements CN • Financial plan • Equity plan E w a Packet Pg. 224 Keep streets and private property dry to the maximum extent possible (Public health and safety & economic vitality). Operate, maintain, and upgrade stormwater infrastructure in a cost-efficient manner. Comply with Ecology's Municipal Stormwater Permit and all other applicable environmental regulations. Improve existing infrastructure to reduce the impact of City stormwater flows on aquatic environments (On the Land). Reconnect floodplains, re -plant riparian (streamside) corridor, remove barrier culverts, and improve in -stream :onditions. (In and adjacent to the stream; City -owned property only). Packet Pg. 225 July 2023 Project Kick-off • Prepare updated Storm and Surface Presentation i Water Comprehensive Plan ... to Council • Continue opportunities for public input • Public Workshop • Public Survey August 2023 Oct -Dec 2023 2024 • - - •lidillll • Public Workshop • Public Survey • Community Event • Presentation to Council Packet Pg. 226 • October 4 —Project web page and public survey live on City website. • October 6 —Promote project and wars to get involved (online workshop, public survey, and in -person event): • City Press release • Notice provided in local Korean and Spanish -language publications. • Facebook post • October 16 — E-mail to parties who have shown past interest in storm and surface water issues including external stakeholders (Tribes, state - regulatory agencies, and adjacent jurisdictions). • October 17 & 26, November 1 & 14 - Additional Facebook posts regarding project. Packet Pg. 227 • October 18 — Two online workshops — 12-1 pm and 6-7pm. • November 4 — City staff at Edmonds Market to promote project, answer questions, and remind residents to take public survey; Project Flyer distributed (English & Spanish). • November 17 — Public survey closed. • November 28 — Public survey results reviewed by Staff. Packet Pg. 228 Project background Relevant documents Workshop slides and recording Link to public survey (now closed) WAYS TO GET INVOLVED Development of the SCP will include ongoing engagement with Edmonds community members and other stakeholders. We are seeking input on flooding issues you are most concerned about in your community and feedback on goals and policies for the plan through the following: Fill out the public survey (Early October through November 17. 202" only) - CLICK HERE CITY CAPITAL PROJECTS City Overlay Program Contact Capital Project Staff Capital Improvement Program & Capital Facilities Plan 2023 Utility Replacement Project Storm and Surface Water Comprehensive Plan Update a� L O Q Cl) a O w m E _ r;lf y a� L L i Q o mom O City of Edmonds, WA /Government / Departments ; Public Works and Utilities (Lity Capital Projects Storm and S Q- Q Water Comprehensive Plan Update Q STORM AND SURFACE WATER COMPREHENSIVE PLAN UPDATE _ O O 1 � N N d L CL 04 ...E �. ram+ l = i� •cam •- - Q a) E PROJECT DESCRIPTION v O The Edmonds Storm and Surface Water Comprehensive Plan (SCP) identifies actions the City should take for: Q Flood Mitigation: Keep streets and private property dry to the maximum extent possible (Public health and safety and economic vitality). Packet Pg. 229 1 • 11 participants in two workshops • SCP building blocks were the main topic of the presentation. Keep streets and private property dry to the maximum extent possible (Public health and safety & economic vitality). Operate, maintain, and upgrade stormwater infrastructure in a cost-efficient manner. Comply with Ecology's o Municipal Stormwater o Permit and all other Q applicable environmental a regulations. s Improve existing infrastructure to reduce the impact of City stormwater flows on aquatic environments (On the Land). N i Q N HabitatStream Improvements Reconnect floodplains, N re -plant riparian (streamside) corridor, OE remove barrier culverts, and improve in -stream a r conditions. (In and adjacei to the stream; City-owne property only). a Stormwater Utility and Other Funding Packet Pg. 230 • 10+ questions from participants on the topics that included • Stormwater management complexity with nearby municipalities • Climate change considerations • Impact of the railroad right-of-way on the shoreline • Upcoming changes to State Stormwater permit • Damage to stream & salmon habitat needs to be addressed • Fish passage barriers, roadway contaminants & flooding around Harbor Square • Restoration of Edmonds Marsh and connection to Puget Sound • Stormwater Education Preference Poll • Rolled into responses from survey Packet Pg. 231 • Encouraged multiple participants to take public survey. • Topics of concern/discussion • Shell Creek waterfall on private property prohibiting salmon migration upstream • Daylighting Willow Creek between Edmonds Marsh and Puget Sound Public Works Department Engineering Division • Storm and Surface Water Plan Update • Transportation Plan Update Packet Pg. 232 Provided an opportunity to: • Provide input on proposed SCP actions • Add areas for consideration for potential stormwater projects � Welcome to the City of Edmonds Public Input Survey N1 for the 2024 Storm & Surface Water Management Comprehensive Plan (SCP). Piease take a few minutes to provide input that will help us update the SCP. The information you provide will help us develop the goals of the SCP. Bienvenido a la Encuesta de opinion p6blica n°1 de the City of Edmonds pare el 'Storm and Surface Water Management Comprehensive Plan' (SCP). SCP es un plan integral Para el manejo de drenaje de la escorrentia de aquas pluviales. Por favor, tomese unos minutos para proporcionar informacion que nos ayudara en la actualaacion de nuestro plan. Esta informacion nos ayudara a desarrollar los objetrvos del SCP What is your preferred language for this survey? / LCual es su idiorna preferido pare esta encuesta? Please select one of the following options. / Por favor, selecciona una de las siguientes opciones. O English O Espanol OOther a� L O Q N a O w m Would you like to show us a stormwater issue within the City?' E Please select one of the following options. _ ®ys U No Where have you observed this issue?* Click inside the map to navigate to the location. Click again to drop a point at the Map Legend: 0 Manhole 0 Catch Basin Creek d Q O E O L O_ CL 2i w _ t v Ditch Wetland O - Storm Line Watershed Bow—.y Facility Line r= Fdr-nonds City Limit Packet Pg. 233 Public Survey Summary Stormwater Issues Identified by Respondants Fish Passage Barrier Flooding Water Quality Other 1 07n M adoucd Sac osh �a,`�"' 1 Perrim �r .o ' Seaview R - AR I WTH ST.SN' - -C ` I M Park The Bowl -..• 0 ar - • • Maplewood'j vtw Downtown �y _ -= i ` �OYt Part .. �+�'CaEer MAGI ST •� �+ paft Ed.xft V+ — Corners Yost Boom © High R, i N01 22" ST.SW Westgate � , Esperanoe e 2 2M M er — _ .a 'lI What are some topics that you would like to learn more about? How climate change is being incorporated into the SCP. Technical assistance for constructing rain gardens on private property. Natural yard care to reduce harmful chemicals entering our streams. • Stewardship opportunities to improve stream health. • Removing hard surfaces (driveways/patios) and replacing them with native vegetation. • Technical assistance for streamside landowners regarding improving streams and/or runoff from their property. • Assisting with stormwater facility maintenance. a� L 0 Q N a 0 �+ I I 0� r 0 L 6. Q I a I cj _, to i Edmonds/ �- Snohomisl Conservat 1 District rai N garden in progress, 4 planting a party E w a Packet Pg. 235 8.9.b Questions on Public Engagement? 1. Reduce recurring flooding for a safe and healthy community. 2. Replace, protect, and maintain stormwater infrastructure. 3. Comply with all applicable regulatory requirements. 4. Reduce the impact of stormwater runoff on aquatic habitat through retrofit projects, prioritized by watershed, that address flow control and water quality improvement. 5. Engage and educate our community on stormwater and surface water issues to promote environmental stewardship opportunities on public and private properties. P r Q r CL Q «R � to - _ r N -- L. E a Packet Pg. 237 6. Devote resources to resolve local storm and surface water issues that require cooperation from and coordination with other stakeholders. 7. Partner with external stakeholders on important regional issues such as salmon recovery, climate change impacts, barrier culvert removal, and emerging contaminants. 8. Train and empower stormwater staff members to thrive in their positions. 9. Adequately fund the Stormwater Utility to meet all other goals in an equitable and cost-efficient manner. Packet Pg. 238 8.9.b Questions on Draft Goals? • Develop polices and identify stormwater program needs to meet the goals; • Finalize needed capital project list for the next 7 years; • Develop the draft SCP including a financial plan to pay for the identified needs; • Second round of public engagement to get feedback on the draft SCP; • Finalize the SCP. Packet Pg. 240 8.9.b Thank You Contact Jerry Shuster sswcp@edmondswa.gov 8.10 City Council Agenda Item Meeting Date: 05/21/2024 Approval of PSA with consultant, Rock Project Management Services LLC (ROCK), for Capital Projects Construction Management, Engineering & Inspection Services Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On May 14, 2024 this item was presented to the Parks and Public Works Committee and was forwarded to the consent agenda for approval. Staff Recommendation Approve agreement. Narrative The City issued a Request for Qualifications (RFQ) in January, 2024 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 2024 and 2025. The City received statements of qualifications from four engineering firms and the selection committee chose ROCK to provide services during construction based on their qualifications, experience and approach. The City has negotiated a consultant fee of $454,978. This agreement will allow ROCK to provide services for the 2024 Annual Utility Replacement Project for which there is not enough staff to perform field inspections and contract administration assistance during construction. This contract will be funded as applicable by each respective project's utility fund. Attachments: Attachment 1 - Agreement Packet Pg. 242 8.10.a CITY OF EDMONDS MIKE 1215T"AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 - WWW.EDMONDSWA.GOV ROSEN MAYOR PUBLIC WORKS DEPARTMENT I ENGINEERING DIVISION PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and Rock Project Management Services, LLC hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide construction management and inspection services with respect to the 2024 Annual Utility Replacement Project; and WHEREAS, the Consultant has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: I . Scope of work. The scope of work shall include all services and material necessary to accomplish the above -mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth in Exhibit A; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of FOUR HUNDRED FIFTY-FOUR THOUSAND NINE HUNDRED SEVENTY-EIGHT DOLLARS ($454,978). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 1 Packet Pg. 243 8.10.a 3. Ownership and use of documents. All research, tests, surveys, preliminary data, reports, and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations, documentation and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this Agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. CM SVCS.ROCK PSA 2 Packet Pg. 244 8.10.a Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. The Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. CM SVCS.ROCK PSA 3 Packet Pg. 245 8.10.a 11. Integration. The Agreement between the parties shall consist of this document, its Appendices 1 & 2, and the Scope of Work and fee schedule attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Changes/Additional Work. The City may engage the Consultant to perform services in addition to those listed in this Agreement, and the Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. The Consultant represents that the Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. The Consultant and any persons employed by the Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he/she/they has/have not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they has/have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. Because this Agreement is subject to federal nondiscrimination laws, the Consultant agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this reference, apply to this Agreement. CM SVCS.ROCK PSA 4 Packet Pg. 246 8.10.a The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: Rock Project Management Services, LLC 1601 E Valley Rd, Suite 110 Renton, WA 98057 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS day of CITY OF EDMONDS Mike Rosen, Mayor ATTEST/AUTHENTICATED : Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2024. ROCK PROJECT MANAGEMENT SERVICES, LLC Bernie O'Donnell, President CM SVCS.ROCK PSA 5 Packet Pg. 247 8.10.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 2024, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Bernie O'Donnell to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: CM SVCS.xoCx PSA 6 Packet Pg. 248 8.10.a APPENDIX 1 CONTRACT (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows: 1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 21), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant/Contractor shall not participate directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the Consultant's/Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant/Contractor shall provide all information and reports required by the Regulations and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the appropriate state or federal agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or the appropriate state or federal agency may determine to be appropriate, including, but not limited to: • Withholding of payments to the Consultant/Contractor under the Agreement until the Consultant/Contractor complies; and/or • Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above paragraphs one (1) through five (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the City or appropriate state or federal agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the City; or may request that the appropriate state agency enter into such litigation to protect the interests of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States. CM SVCS.ROCK PSA 7 Packet Pg. 249 8.10.a APPENDIX 2 CONTRACT (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Person with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title Vl, you must take reasonable steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). CM SVCS.ROCK PSA 8 Packet Pg. 250 8.10.a EXHIBIT A SCOPE OF WORK AND FEE FOR SERVICES Scope of Work for Construction Management and Inspections Services 1. Provide (1) full-time construction inspector and (1) on -call construction inspector to assist City staff with daily field inspections for the City's 2024 Utility Replacement Project and other related storm, water, and sewer replacement and trenchless rehabilitation capital projects that are scheduled to begin construction in 2024 and 2025. The role of the (2) construction inspectors is to administer and/or inspect these projects on site, during the construction phase. 2. The specific scope of services consists of the following services: a. Provide construction inspectors to assist City staff with daily field inspections. b. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes and notify construction Contractor of noncompliance. Promptly notify the City of any non-conformance work observed during site assessments. c. Prepare Inspector Daily Reports (IDRs) and field notes in compliance with the City and WSDOT requirements. Provide the City with completed IDRs by the following workday. The IDRS shall include, at a minimum, a description of the work performed by the Contractor and subcontractors, approximate quantities of materials installed, log of Contractor equipment and staff, traffic control observations, weather conditions, and any observed problems or construction issues. Include project construction photos of traffic control set-up and work activities during the course of construction. Photographs will be in digital format and catalogued by date and time. d. Inspectors shall coordinate with the City's Project Manager and provide project documentation as required by the City, including preparation and issuance of IDRs utilizing the City's inspection program, Headlight. Maintain document filing and tracking systems, following City guidelines and meeting funding requirements. Collect, organize, and prepare documentation on the Project. e. Perform contract administrative procedures related to RFIs, Material Submittals, Change Orders, Schedule review, and Progress Pay Estimates. Provide weekly tracking Logs for Submittals, RFIs, material testing, force account payments, potential change orders, and certified payrolls. f. Prepare and maintain a Submittals Log and maintain the Record of Materials (ROM) that will be provided to the Contractor at the weekly coordination meeting. Consultant shall actively track status of submittals based on information provided by the City. The City will assign review of submittals. g. Maintain records of materials and quantities incorporated into the Project, including but not limited to all gravel, rock, concrete tickets and their respective Manufacturing Certificate of Compliance, and asphalt delivery tickets. Obtain Scaleman's Daily Reports or Scaleman's Certification from asphalt batch plant. h. Prepare the weekly statement of working days and provide the information at the weekly coordination meetings. Provide the weekly Statement of Working Day on the following Monday of each workweek. P Packet Pg. 251 8.10.a i. Prepare and maintain, on a weekly interval basis, a Request for Information (RFI) log that will be provided at the weekly coordination meeting with the Contractor. Actively track status of RFIs based on information provided by the City. j. Prepare and maintain, on a weekly interval, a materials testing log that identifies date, location, test type, test result and test specification for all testing performed during the project. k. Services shall comply with WSDOT LAG Manual, City of Edmonds Amendments to WSDOT Specifications, and material approval requirements. 1. Monitor and track certified payrolls, and City of Edmonds Apprentice Utilization Requirements. Provide documentation of Apprentice hour Tracking. m. Perform employee wage interviews at times to be determined by City staff. Verify Certified Payroll and compare to Wage Rate interviews. n. Coordinate public notification and construction activities with local businesses and residents, in consultation and coordination with City staff. o. Assist with project closeout activities. p. Attend weekly project progress meetings, pre -installation meetings, preconstruction meetings, and all site -specific safety meetings. q. Track force account work, documenting material quantities, equipment, and personnel performing all force account work. Prepare and maintain at a weekly interval, a Force Account Log that tracks, by number and date, all force account work performed by the Contractor. r. Any observed deficiencies or noncompliant work witnessed by the Inspectors shall be identified and reviewed promptly with the City's Project Manager or designee. s. Monitor daily the Contractor's traffic control procedures and implementation of the approved traffic control plans and collect and file the Contractor's Daily Traffic Control Summary Report. t. Monitor the Contractor's temporary erosion and sediment control procedures and systems and promptly notify the Contractor and City if erosion or sediment problems are observed within the Project limits. Collect and file the Contractor's Weekly Erosion Control Report. u. Monitor the Contractor's compliance with all permits provided to Consultant by the City. v. Review the Contractor's construction record drawings at a weekly interval in accordance with the Contract provisions. Track and record field changes on drawings and use information to verify the Contractor's construction record drawings. 3. Communicate regularly with the City's Project Manager or designee on a daily basis reporting on project progress, and to address any open or potential pending project matters that could impact overall project progress, quality of work, schedule, safety. 4. Provide services in a professional manner, safely, and in a collaborative manner while holding the contractor accountable for complying with the terms of their contract commitments. Inspectors are not authorized to stop work or approve additional work beyond the Contract without written direction from the City's Project Manager or designee. 5. Consultant shall not assign another employee, other than the employees identified in this scope of work, to perform field observations or contract administration services without prior P Packet Pg. 252 8.10.a written approval of the City. Consultant will submit a proposed personnel change to the City for review and approval if named staff are no longer available due to Project delay or suspension, or they leave employment with Consultant. Upon request by the City, the Consultant will replace any personnel from Project team within one week of the City's submittal of written request to remove an employee. Deliverables. Deliverables include but are not limited to the following: • Weekly Statement of Working Day — Provide on the following Monday of each work week • Weekly tracking logs for Submittals, RFIs material testing, force account payments, potential change orders, and certified payrolls. • Apprentice hour tracking. • Verification of Certified Payroll and Compare to Wage Rate Interviews. • IDRs with photos delivered on the following work day. • Field Note Records. • Force Account Documentation. Fee for Services The following compensation table represents the not -to -exceed fee for scope of services defined in the Contract Agreement. Monthly invoices shall be submitted at the end of each month to the City for payment. Invoices shall include timesheets of actual hours worked charged at the billable rates identified below for each employee. The (2) inspector positions consist of an inspector and senior inspector, and two backup alternates for each of those positions, to ensure reliable inspection services are provided in the event of unforeseen absences, sick leave, bereavement leave, or scheduled personal time off. Backup/Alternates rates are equal to or less than the primary's billable rate and calculated to be 10% of the total allocated working days for each primary inspector. Inspector No. 1 (primary and backup/alternate total) level of effort is equal to 230 working days, full-time 8 hours per day. Inspector No. 2 (primary and backup/alternate total) is assumed to be part-time, as needed, including 8 hours per day when needed, for extended periods of time, and is assumed to be a level of effort equal to 8 hour per day for 95 work days total. P Packet Pg. 253 8.10.a Inspector Role Employee Rate Hours Total Primary Inspector No.1 Josh Arlt $ 158 1656 $ 261.648 BackupiAlternate Inspector No.: Jason Suzaka $ 132 184 $ 24.288 Primary Senior Inspector No.2 Steve Sawyer $ 168 684 $ 114.912 Backup; Alternate Senior Inspector No.2 Anne Reese $ 168 76 $ 12.768 Direct Labor Total: S 413.616 10% Management Reserve': $ 41.362 Total Not -to -Exceed Contract Amount including unauthorized reserves: S 454.978 Qualifications. Clarifications and Assumptions: _. - :O;t management reserve amount is intended for additional services beyond the scope of work provided by Inspection services. orto cover PM needs for City staff - all of which requires written pre - authorization by the City. 2. Primary inspector and BackupiAlternate Inspector No. 1 total hours arethe sum of 230 working days. 8 hours perwork day. The Primary Senior Inspector No.2 and Backup; Alternate is assumed to be an on -call role as needed. when needed. for a total of 95 working days. A backup or alternate is identified for both inspector positions for unforeseen circumstances. absents. The primary is 90;t of the allocated time. and the backupiAlternate is 10?t of the allocated time. 3.Overtime beyond 5 days perweek. 8 hours per day is not included. Overtime beyond 8 hours per workday. or above40 hours perweek is chargable at a rate of 1.25 times the billable rate. There is no premium costs for night shift work unless it causes overtime conditions exceeding 8 hours in a single clay. or4O hours in awork week. 4. Hourly billable rates include all direct and indirect pay. benefits. payroll taxes. overhead and profit. travel. and business related expenses to performing the scope of services including personal protective equipment and clothing and office supplies. and computer hardware. 5. Headlight inspection software licensing is not included in the cost of services and are intended to be provided bythe City or reimbursed to Rock PM Services for Rock PM Services to provide licenses for inspectors' use. IDRswillbecompleted using Headlight. 6. Services to prepare drafts of monthly Pay Estimates are included in theworking days of Inspectors' services. The City will provide excel spreadsheets for these tasks. P Packet Pg. 254 8.11 City Council Agenda Item Meeting Date: 05/21/2024 Award Construction Contract for the 2024 Utility Replacement Project Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On May 14, 2024 this item was presented to the Parks and Public Works Committee and was forwarded to the consent agenda for approval. Staff Recommendation Award construction contract to Shoreline Construction in the amount of $4,873,111.88 and authorize a management reserve of $730,967 for the 2024 Utility Replacement Project. Narrative This project is part of the City's water, sewer and storm annual programs to replace and upgrade existing water lines, storm lines, sewer lines and associated appurtenances at various locations around the City that are reaching the end of their useful service life, are undersized and unable to meet current requirements, or have some other existing system deficiency. The project will replace or rehabilitate storm and sewer piping with associated services, and structures as well as water piping with associated services and hydrants at various locations around the City. On April 2 and April 9, 2024 the project was advertised for construction bids. Construction bids were opened April 23, 2024. The bids ranged from a low of $4,873,111.88 to a high of $6,138,233.66. The engineer's estimate was $6,040,000.00. Shoreline Construction submitted the low responsive bid of $4,873,111.88. A review of the low responsive bidder's record was completed and it was positive. Construction is expected to begin in June and be completed in the spring of 2025. The project costs are being funded by the 421, 422, 423 Utility Funds respectively. Breakdown of values is included in the attached construction budget and funding attachment. Attachments: Attachment 1 - Project Map Attachment 2 - Budget and Funding Packet Pg. 255 lvtp�i City of Edmonds SEWER REPLACEMENT 1 8.11.a I Ow 0P Ic \ AE W oR PUGET DR �— z - w a x 524 F- CASPERSST c D � m Q �O j 4MAIN Q WALNU 1 ST 17 N a ROwf)O�N wAY T 196TH ST SW o EDMONDS x S S5 SIkLT `58 T27'l 1 I r� �9r y Lu LYNNWOOD 00 1Z 1 208TH 5T SW `l l I LA) II I 212TH S I SW Ir, w < r, > I G SHT11 < xl- ( 1 ll I S41T13 IhT14 526 T27N S25 220TH STSW S24T27N R' E S o, C, ESPERANCE �P • 0r 226TH PL SW U > 228TH STSW WOODWAY a 0 0 IF SHORELINE (104 < 99 T pop r < rr •MOUNTLAKE I syr ;o 84 E �— 238TH STSW FDMONDS Wqy .fHSTSW — — -- — - TERRACE ,-SHT;I T& 2 T27A, R4E r' LAKE BALLINGER WAY Legend Sections Edmonds Boundary ArcSDE.GIS.STREET_CEN' <all other values, Interstate Principal Arterial Minor Arterial Collector Local Street; On Ramp State Highways <all other values> 0 1 2 County Boundary 1 Parks ArcSDE.GIS.PROPERTY _11 r ArcSDE.GIS. PROP ERTY_C ArcSDE.GIS.PROPERTY _C City of Edmonds City of Lynnwood i City of Mountlake Terrac Unincorporated King Cc; City of Woodway City of Arlington; City of 1 � City of Gold Bar; City of ( City of Marysville; City of C Mukilteo; City of Snohon- i Town of Darrington; Tow Snohomish County i M Counties ArcSDE.GIS.PROPERTY_U j 1:24,249 O Control Script failed 0 Control Script Control Feet LScaleBarDistance �..1 _.....�_� cfor This map is a user generated static output from an Internet mapping site and is for HalfDistance control reference only. Data layers that appear on this map may or may not be accurate, , Yg@�,1984_Web_Mercator_Auxiliary_Sphere , Source= current, or otherwise reliable. r && t1Et@fl5qygRa,ds HalfDistanceCalc _ScaleBarDist ance2, THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION Packet Pg. 256 1 8.11.b 2024 Utility Replacement Project Proposed Construction Budget Description Amount Contract Award $ 4,873,111.86 Contract Award Management Reserve (15%) $ 730,966.78 Construction Management, Inspection & Testing (15%) $ 730,966.78 Total = $ 6,335,045.42 Construction Funding Funding Amount Water Fund $ 2,798,302.01 Storm Fund $ 1,136,395.00 Sewer Fund $ 2,400,348.41 Total = $ 6,335,045.42 Funding Available Fund 421- Water Replacement $3,300,000 Fund 422 - Storm Replacement $1,377,000 Fund 423 - Sewer Replacement $2,005,000 Fund 423 - Phase 4 CIPP $522,000 Total Funds Available (Fund 423) $2,527,000 Packet Pg. 257 8.12 City Council Agenda Item Meeting Date: 05/21/2024 Award Construction Contract to Granite Construction Company for 2024 Overlay Program Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On May 14, 2024 this item was presented to the Parks and Public Works Committee and was forwarded to the consent agenda for approval. Staff Recommendation Award construction contract to Granite Construction Company in the amount of $1,510,649.50 and authorize a management reserve of $151,070 for the 2024 Overlay Program. Narrative This project is a continuation of the City's efforts to rehabilitate and preserve its roadway network by paving various area streets. This year's project will use both a combination of roadway, water, sewer, and stormwater utility funds to pave approximately 5.3 lane -miles of City streets. On April 25, 2024, the City received four construction bids for the 2024 Overlay Program. The bids ranged from a low of $1,461,544.75 to a high of $1,776,702.00. The bids have been tabulated and are attached as Attachment 2. JB Asphalt, Inc. submitted the apparent low bid of $1,461,544.75, but a review of their bid form found irregularities that rendered their bid non- responsive. Granite Construction Company submitted the low responsive bid in the amount of $1,510,649.50. The engineer's estimate was $1,644,788.50. A review of the bidder's record has been completed and responses are positive. The project costs are being funded by REET (Funds 125 & 126), Water Utility Fund (Fund 121), Stormwater Utility Fund (Fund 422), and Sewer Utility (Fund 423). A project construction budget is attached as Attachment 3. An additional $100,000 ($50k each from the 125 and 126 REET funds) is needed to fully fund the construction budget. A budget amendment to program the additional funds will be included as part of the 2nd quarter budget amendment process. Construction is expected to begin in June and be completed in August. Attachments: Attachment 1 - 2024 Overlay map Attachment 2 - Bids Attachment 3 - Budget Packet Pg. 258 City of Edmonds Maabook 8.12.b Bid tabs - 2024 Overlay Program Engineer Granite Lakeside Icon JB .-asphalt Schedule _k Total S 1-294,586.00 S 1,210,251.50 ♦ 1,340,928.00 S 1.422.236.00 � 1,174,593.00 r, Schedule B Total S 38,565.00 S 44,025.00 S 38.026.00 S 94,455.00 S 33.145.75 C., Schedule C Total S 311,637 50 S 256.373.041 294,561.00 S 300,011.00 S 253,806.1H) GRA.1'D TOTAL S 1,644,788.50 S 1,510,649.50 5 1,673,515.00 S 1,776,702.00 S 1.461.544.75 Attachment 2 a� 0 L a m O It N O N L 0 0 M L 0 U _ 0 t� L _ 0 U L R a M Bid Opening 4 25' �; Packet Pg. 260 8.12.c ATTACHMENT 3 2024 Overlay Program ESTIMATED CONSTRUCTION BUDGET BUDGET I STREET I WATER I STORM I SEWER I TOTAL Contract Award $ 1,163,388 $ 231,249 $ 95,929 $ 20,084 $ 1,510,650 Construction Management, Inspection, & Testing (15%) $ 174,510 $ 34,690 $ 14,390 $ 3,010 $ 226,600 Management Reserve (10%) $ 116,340 $ 23,120 $ 9,590 $ 2,010 $ 151,070 TOTALS $ 1,454,238 1 $ 289,059 1 $ 119,909 1 $ 25,104 1 $ 1,888,310 CONSTRUCTION FUNDING FUNDING I STREET I WATER I STORM I SEWER I TOTAL Fund 112 - Street $ - $ - Fund 125 - REET 1 $ 727,119 $ 727,119 Fund 126 - REET 2 $ 727,119 $ 727,119 Fund 421 - WATER $ 289,059 $ 289,059 Fund 422 - STORM $ 119,909 $ 119,909 Fund 423 - SEWER $ 25,104 $ 25,104 TOTALS $ 1,454,238 $ 289,059 $ 119,909 $ 25,104 $ 1,888,310 E m Q Packet Pg. 261 9.1 City Council Agenda Item Meeting Date: 05/21/2024 Accessory Dwelling Unit Code Amendment to allow for Detached Accessory Dwelling Units — "Expanding housing options by easing barriers to the construction and use of accessory dwelling units in accordance with HB 1337." Staff Lead: Rose Haas Department: Planning Division Preparer: Rose Haas Background/History The Housing Element in the 2020 Comprehensive Plan recommends the following strategy to promote affordable housing: o The City [should substantially revise] its accessory dwelling regulations, providing clearer standards and streamlining their approval as a standard option for any single family lot (2020 Comprehensive Plan, p. 92). In 2021, the Citizens' Housing Commission stated the following policy recommendation for updating the ADU code to include detached accessory dwelling units (DADUs): o Allow either one attached or detached accessory unit on a property in the SFR area, with clear and definitive development requirements such as size, ownership, and parking, under the standard permitting process and not require a conditional use permit. In the spring of 2023, the state legislature passed HB 1337 which requires jurisdictions like Edmonds to update their development codes to allow for DADUs and make related code changes to make it easier to create accessory dwelling units. In late October of 2023, City Council indicated that they wished to allow detached accessory dwelling units (DADUs) in anticipation of conforming with the state mandate that takes effect in July 2025 (HB 1337). Staff introduced the proposal to allow for DADUs as well as to fully comply with the upcoming required State of Washington mandate at Council Committee on November 14, 2023. Staff held a live public webinar on November 30, 2023, with an online comment period from November 30- December 31, 2023. Staff introduced the proposal at Planning Board on December 13, 2023. Staff discussed the proposal at Planning Board on January 10, 2024, and January 24, 2024. The preliminary discussion touched on the following topics: § Regulation of units in lots that contain critical areas; § Maximum unit square footage; § Setback reductions; § Utilities connections, metering, and Public Works' requirements; § Nullification of existing owner -occupancy covenants. Packet Pg. 262 9.1 Staff reintroduced the proposal and presented draft code amendments to City Council on February 27, 2024. Planning Board held a Public Hearing on the Proposal on February 28, 2024. Legal notice for the Public Hearing was published and posted on February 14, 2024. Written comments gathered by staff were presented prior to the hearing. Council and Staff held a study session on March 5, 2024. On March 15, 2024, Notice of SEPA Determination of Non -significance was published. No comments were received. (Attachment 1). Planning Board and Staff reconvened on April 10, 2024, to discuss possible policy recommendations. On April 24th, Planning Board discussed their policy recommendations for review by City Council and began work on their policy memorandum. The project returns to City Council on May 21, 2024, for a Public Hearing. Legal notice for the Public Hearing was published and posted on May 7, 2024. In addition to the Public Hearing, Planning Board will present their recommendations alongside Planning Staff recommendations. City Council anticipates adoption of the ADU updates to the ECC and ECDC on June 7th. Staff has updated the webpage (Edmondswa.gov/ADU <https://www.edmondswa.gov/government/departments/development services/planning division /code modernization/accessory dwelling units code update>) throughout the entire process. The webpage includes the recorded webinar, draft code amendments, FAQs, self -guided slide shows, and has provided a forum for ongoing public comment. Staff Recommendations: Staff recommended code language is shown as Attachment 2. Staff recommends adopting clear and objective code language that aligns with Washington State Law (HB 1337) prior to the required June 30, 2025, adoption deadline. State law requires the following: Allow two ADUs per lot (any configuration of ADU and DADU). No owner -occupancy requirements. Allow separate sale of ADUs. Maximum size limitation no less than 1,OOOsf. Allow DADUs to be sited at a rear lot line, if the lot line abuts a public alley. No setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, or aesthetic requirements that are more restrictive than for the principal unit. Allow ADUs of at least 24-feet in height. No parking required within a half -mile of a major transit stop, as defined in RCW 36.70A.696(8). Allow impact fees of no more than 50% of the fees imposed on the principal unit. In addition, Planning Staff recommends the following development standards: 1. ADU size restrictions: Maximum size limitation no less than 1,200sf in the RS-10, RS-12, RS-20 zones. 2. ADU setback reductions: Rear setbacks may be reduced to a minimum of 10-feet (5-feet for DADUs that are 15-feet in height or less) in the RS-6 and RS-8 zones. 3. Parking restrictions: No additional parking required for ADUs. 4. Impact fees: No longer waive impact fees for ADUs. Charge impact fees no more than 50% of the fees imposed on the primary unit. Packet Pg. 263 9.1 Planning Board Recommendations: The Planning Board policy recommendation is shown as Attachment 3. In accordance with Staff, Planning Board recommends adopting clear and objective code language that aligns with Washington State Law (HB 1337) prior to the required June 30, 2025, adoption deadline. In accordance with Staff, the Planning Board recommends the following development standards: 1. ADU size restrictions: Maximum size limitation no less than 1,200sf in the RS-10, RS-12, RS-20 zones. 2. ADU setback reductions: Rear setbacks may be reduced to a minimum of 5-feet for DADUs that are 15-feet in height or less in the RS-6 and RS-8 zones. 3. Impact fees: No longer waive impact fees for ADUs. Charge impact fees no more than 50% of the fees imposed on the primary unit. Differing with Staff, the Planning Board recommends the following development standards: 4. ADU setback reductions: No automatic rear setback reduction for DADUs in the RS-6 and RS-8 zones. Rear setback may be reduced to a minimum of 15-feet for DADUs that are 15-feet in height or less in the RS-10, RS-12, and RS-20 zones. 5. Parking restrictions: No additional parking required for one ADU, but one additional parking space required for a second ADU. Narrative The core obiectives of the ADU code update are as follows: 1. To allow DADUs in the City of Edmonds. 2. To align with HB 1337 in terms of development standards. 3. To provide clear and objective guidance for those who choose to add ADUs or DADUs to their property. 4. To provide code standards for height, floor area, parking, utilities, etc. Accessory dwelling units provide additional affordable housing options within existing single-family neighborhoods. Edmonds has allowed accessory dwelling units (ADUs) since 2000 but only when they are in or attached to a primary residence (ECDC 20.21). State legislation mandates that HB 1337 must be implemented no later than six months after the next Comprehensive Plan due date, or by June 30, 2025. While work on updating the Comprehensive Plan continues, changes to the accessory dwelling unit code can be made now using existing City policy guidance and the ADU guidance provided by the Department of Commerce. There is existing demand for this housing option; Planning staff receives significant interest through phone inquiries, a -mails and counter visits from community members on a weekly basis. Community members are interested in having accommodation for families to age in place or to help offset rising housing -related costs. Packet Pg. 264 9.1 Public comments received after the April 241h Planning Board meeting are shown as Attachment 4. Attachments: Attachment 1 - AMD2023-0008 Notice SEPA Attachment 2 - DRAFT Redline strikethrough Code Amendment v.10 Attachment 3 - Planning Board Policy Memorandum Attachment 4 - Public Comments Attachment S - Draft PPT presentation Packet Pg. 265 9.1.a CITY OF EDMONDS NOTICE OF SEPA DETERMINATION of NONSIGNIFICANCE `nC. 1013 NOTICE IS HEREBY GIVEN that the City of Edmonds has issued a Determination of Nonsignificance for the following project. PROJECT DESCRIPTION: Amendments to accessory dwelling unit standards and processes to align with House Bill 1337 as codified in RCW 36.70A.680, RCW 36.70A.681, and RCW 36.70A.696. The project would amend chapters in the Edmonds Community Development Code (ECDC) and the Edmonds City Code (ECC) to be consistent with the new regulations and other implement best practices: impact fees in Chapter 3.36 ECC; uses and standards in ECDC 16.20, 20.21 and 20.35; parking in ECDC 17.50 and 17.115; nonconforming code in ECDC 17.40; land use processes in Chapter 20.01; and related definitions in ECDC Title 21. NAME OF APPLICANT: City of Edmonds PROJECT LOCATION: City-wide; this is a non -project action. FILE NO.: AMD2023-0008 DATE OF ISSUANCE: March 15, 2024 COMMENTS ON PROPOSAL DUE: March 29, 2024 Relevant materials can be reviewed by visiting the City's website at https://www.edmondswa.gov/services/public_involvement/public_ notices/ development_ notices, or by contacting the City contact noted below. Comments may be mailed or emailed. Please refer to the application file number for all inquiries. SEPA APPEAL: Consistent with RCW 43.21 C.495, adoption of ordinances, development regulations and amendments to such regulations, and other non -project actions taken by a city consistent with the requirements of RCW 36.70A.680 and 36.70A.681 are not subject to administrative orjudicial appeals. CITY CONTACT: Rose Haas, Planner rose.haas@edmondswa.gov 425-771-0220 PUBLISH: March 15, 2024 Packet Pg. 266 9.1.a °a. ED,y� CITY OF EDMONDS 121 5TH AVENUE NORTH, EDMONDS, WA 98020 (425) 771-0220 DETERMINATION OF NONSIGNIFICANCE Description of proposal: Amendments to accessory dwelling unit standards and processes to align with House Bill 1337 as codified in RCW 36.70A.680, RCW 36.70A.681, and RCW 36.70A.696. The project would amend chapters in the Edmonds Community Development Code (ECDC) and the Edmonds City Code (ECC) to be consistent with the new regulations and other implement best practices: impact fees in Chapter 3.36 ECC; uses and standards in ECDC 16.20, 20.21 and 20.35; parking in ECDC 17.50 and 17.115; nonconforming code in ECDC 17.40; land use processes in Chapter 20.01; and related definitions in ECDC Title 21. Proponent: City of Edmonds Location of proposal, including street address if any: City-wide; this is a non -project action. Lead agency: City of Edmonds The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. The City of Edmonds has determined that the requirements for environmental analysis and protection have been adequately addressed in the development regulations and comprehensive plan adopted under chapter 36.70A RCW, and in other applicable local, state, or federal laws or rules, as provided by RCW 43.21C.240 and WAC 197-11-158 and/or mitigating measures have been applied that ensure no significant adverse impacts will be created. There is no comment period for this DNS. This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. X This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by March 29, 2024. Project Planner: Rose Haas, Planner Responsible Official: Mike Clugston, AICP, Acting Planning Manager Contact Information: City of Edmonds 1 121 5th Avenue North, Edmonds WA 98020 1 425-771-0220 Date: March 15, 2024 Signature: kx /6�� -�, /,� XX Consistent with RCW 43.21C.495, adoption of ordinances, development regulations and amendments to such regulations, and other non -project actions taken by a city consistent with the requirements of RCW 36.70A.680 and 36.70A.681 are not subject to administrative or judicial appeals. XX Posted on March 15, 2024, at City Hall, the Edmonds Public Safety Building, and the Edmonds Library. Published in the Everett Herald. Uploaded to the Department of Ecology's SEPA records portal. XX Distribute to "Checked" Agencies below. The SEPA Checklist, DNS, and any associated documents can be obtained online at https://www.edmondswa.gov/services/public involvement/public notices/development notices under permit number AMD2023-0008, by emailing the project planner (rose.haas@edmondswa.gov), or by calling the City of Edmonds at 425-771-0220. Page 1 of 2 AMD2023-0008 SEPA DNS FOR DADU CODE AMENDMENT 3/13/24.SEPA packet pg. 267 9.1.a Distribution List: This DNS and SEPA checklist were distributed to the following: ❑ Applicant ❑ Parties of Record ❑ US Army Corps of Engineers ❑ US Fish and Wildlife ❑X Puget Sound Energy ❑N Snohomish PUD ❑N Olympic View Water & Sewer ❑ Alderwood Water District ❑N Edmonds School District ❑ Port of Edmonds ❑N South County Fire ❑N Swedish Hospital ❑N Community Transit pc: File No. SEPA Notebook ❑X Dept. of Ecology ❑ Dept. of Ecology - Shorelands ❑X Dept. of Natural Resources ❑X Dept. of Commerce ❑X WSDOT ❑ WSDOT— Ferries ❑X Dept. of Fish & Wildlife ❑X Dept. of Health — Drinking Water ❑X Dept. of Arch. & Historic Pres. ❑X Dept. of Parks and Rec. Commission ❑X Puget Sound Clean Air Agency ❑X Puget Sound Regional Council ❑X Puget Sound Partnership ❑X Tulalip Tribe ❑ City of Everett ❑X City of Lynnwood ❑X City of Mountlake Terrace ❑ City of Mukilteo ❑X City of Shoreline ❑X Town of Woodway ❑ Snohomish Co. Public Works ❑X Snohomish Co. PDS ❑X Snohomish Co. Health Dept. ❑ King County - Transit ❑ King County — Environ. Planning ❑ Other Page 2 of 2 AMD2023-0008 SEPA DNS FOR DADU CODE AMENDMENT 3/13/24.SEPA packet pg. 268 9.1.a SEPA1 Environmental Checklist Purpose of checklist Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization, or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision -making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for lead agencies Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B, plus the Supplemental Sheet for Nonproject Actions (Part D). Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non - projects) questions in "Part B: Environmental Elements" that do not contribute meaningfully to the analysis of the proposal. ' https:Hecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/Checklist-guidance SEPA Environmental checklist September 2023 Page 1 (WAC 197-11-960) Packet Pg. 269 9.1.a A.Background Find help answering background questions' 1. Name of proposed project, if applicable: Edmonds Community Development Code ordinance update amending the Accessory Dwelling Unit (ADU) section and other applicable sections. (AMD2023-0008). 2. Name of applicant: City of Edmonds 3. Address and phone number of applicant and contact person: Rose Haas, Planner City of Edmonds Planning Division 121 5th Ave N Edmonds, WA 98020 4. Date checklist prepared: February 12, 2024 5. Agency requesting checklist: City of Edmonds 6. Proposed timing of schedule (including phasing, if applicable): The Edmonds City Council is expected to consider the adoption of new ADU regulations in April 2024. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. State Legislation, including House Bill 1337 will be implemented in full on July 1, 2025 along with regulations relating to House Bill 1110. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Not known. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. We do not know of other pending proposals that affect the same geographic area requiring concurrent evaluation. 10. List any government approvals or permits that will be needed for your proposal, if known The proposed development code amendments need the following approvals: 2 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-A-Background SEPA Environmental checklist September 2023 Page 2 (WAC 197-11-960) Packet Pg. 270 9.1.a • Review of this checklist and issuance of a threshold determination under the State Environmental Policy Act for non -project actions; and • Adoption by the Edmonds City Council; 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) In the spring of 2023, the Washington State legislature passed HB 1337 which requires jurisdictions to update their development codes to allow for DADUs and make related code changes to make it easier to create accessory dwelling units. State legislation mandates that HB 1337 must be implemented no later than six months after the next Comprehensive Plan due date, or by June 30, 2025. The requirements for the City of Edmonds will be as follows: • Allow two ADUs per lot (any configuration of ADU and DADU). • No owner -occupancy requirements. • Allow separate sale of ADUs. • No parking required within a half -mile of a major transit stop, as defined in RCW 36.70A.696(8). • Maximum size limitation no less than 1/000sf. • Allow DADUs to be sited at a rear lot line, the lot line abuts a public alley. • No setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, or aesthetic requirements that are more restrictive than for the principal unit. • Allow ADUs of at least 24-feet in height. Following the policy recommendations of the City of Edmonds Citizens' Housing Commission in 2021, Edmonds will update the development code to allow for detached accessory dwelling units (DADUs). Additionally, the City plans to meet, and in some cases exceed, the HB 1337 policy requirements prior to the 2025 implementation date. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. SEPA Environmental checklist September 2023 Page 3 (WAC 197-11-960) Packet Pg. 271 9.1.a The proposed ADU regulations will apply within all single-family residential zones within the City of Edmonds. The attached zoning map shows the entirety of single-family residential zoning within the City of Edmonds boundary. B.Environmental Elements Find help answering earth auestions3 a. General description of the site: The City of Edmonds is located in south Snohomish County on the western shores of Puget Sound approximately 14 miles north of Seattle. Situated within the urbanized Puget Sound region, the city encompasses approximately 8.9 square miles (5,700 acres) in area, including 5 lineal miles (26,240 feet) of marine shoreline. Roughly triangular in shape, the city is bounded by Puget Sound on the west; Lynnwood and Mountlake Terrace on the east; unincorporated Snohomish County on the north; and the town of Woodway, unincorporated Snohomish County (the Esperance area), and King County on the south. The area that would be covered by the proposal is that portion of the City of Edmonds shown within the attached wellhead protection area and buffer maps. Circle or highlight one: Flat, rolling, hilly, steep slopes, mountainous, other: Topography varies throughout the City of Edmonds. b. What is the steepest slope on the site (approximate percent slope)? Greater than 40% c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them, and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. The soil survey of Snohomish County indicates that the predominant soils found across the City are Alderwood gravelly sand loam, Everett gravelly sandy loam, and Alderwood urban land complex. Other soils with much small extent include Kitsap silt loam, McKenna gravelly silt loam and Mukilteo muck. There is no designated prime farmland in the City of Edmonds. s https://ecology.wa.gov/regulations-permits/sepa/environmental-review/sepa-guidance/sepa-checklist- gui dance/sepa-checklist- section -b-environmental -elements/environmental-elements -earth SEPA Environmental checklist September 2023 Page 4 (WAC 197-11-960) Packet Pg. 272 9.1.a d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Yes, particularly in an area designated as the North Edmonds Earth Subsidence Landslide Hazard Area (ESLHA) in the area as identified in a 2007 report by Landau Associates. There have been multiple historic landslides in the ESLHA and any development in the area is subject to special review in accordance with ECDC 19.10. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. The proposal is a non -project, non -site -specific action which will not require grading. f. Could erosion occur because of clearing, construction, or use? If so, generally describe. This is a non -project action with no specific construction leading to erosion. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? This is a non -project action with no specific action that will affect impervious surfaces. While the proposal may result in development activity, the allowable building footprint in all impacted areas will not increase. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. Erosion control for specific projects would be addressed on a project level through the City's stormwater regulations, critical areas ordinance, and clearing and grading codes. 2. Air Find help answering air questions' a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. This is a non -project action with no specific action that will affect emissions. While the proposal may result in development activity, emissions during construction will not differ from allowed activities. An increase in ADU usage may result in denser development, which could potentially lead to decreased car -related carbon emissions. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. a https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-Air SEPA Environmental checklist September 2023 Page 5 (WAC 197-11-960) Packet Pg. 273 9.1.a 1►1541 c. Proposed measures to reduce or control emissions or other impacts to air, if any: This is a non -project action with no specific action that will affect emissions. Any resulting development activity will follow all applicable codes to reduce/control emissions. 3. Water Find help answering water auestions5 a. Surface: Find help answering surface water questions6 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The City of Edmonds sits along the western shores of the Puget Sound and contains a number of relatively small streams including Willow Creek, Shellabarger Creek, Shell Creek, Hindley Creek, Northstream, Fruitdale Creek, Perrinville Creek, Meadowdale Creek and a number of smaller unnamed creeks. Portions of Lake Ballinger are also located within the City of Edmonds' jurisdiction. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The proposal is a non -project, non -site -specific action which will not require specific work near water. Any resulting development activity must follow all applicable critical area regulations in Title 23 (Natural Resources) and Title 24 (Shoreline Master Program) ECDC. 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. 5 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-3-Water 6 https:Hecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-3-Water/Environmental- elements-Surface-water SEPA Environmental checklist September 2023 Page 6 (WAC 197-11-960) Packet Pg. 274 9.1.a The proposal is a non -project, non -site -specific action which will not require specific work near water. Any resulting development activity would not permit fill and dredge material in or removed from surface water or wetlands. 4. Will the proposal require surface water withdrawals or diversions? Give a general description, purpose, and approximate quantities if known. The proposal is a non -project, non -site -specific action which will not require specific work near water. Any resulting development activity would not permit surface water withdrawals or diversions. 5. Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. The 100-year flood plain is mapped for the City of Edmonds on the Snohomish County Federal Emergency Management Agency (FEMA) flood insurance rate maps. Within Edmonds, the 100-year flood plain is shown around the Edmonds Marsh, the Port of Edmonds, near the mouths of Shell Creek and Perrinville Creeks. The flood plan is also mapped around the shoreline of Lake Ballinger. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. The proposal is a non -project, non -site -specific action which will not require specific work near water. Any resulting development activity would not permit discharges of waste materials to surface waters. b. Ground: Find help answering ground water auestions' 1. Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give a general description, purpose, and approximate quantities if known. The proposal is a non -project, non -site -specific action that would not withdraw groundwater. Olympic View Water and Sewer District has two existing drinking water wells in/near Edmonds — Deer Creek Springs and 228th Street. No change to the District's wells would result from the updated ADU regulations. ' https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-3-Water/Environmental- elements-Groundwater SEPA Environmental checklist September 2023 Page 7 (WAC 197-11-960) Packet Pg. 275 9.1.a 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. The proposal is a non -project, non -site -specific action that would not discharge waste material. It is unknown whether there are any remaining residential septic systems in Edmonds, but the majority of Edmonds is served by public wastewater systems operated by the City of Edmonds or Olympic View Water and Sewer District. c. Water Runoff (including stormwater) 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. The source of the runoff will not change with this proposal. Runoff comes from precipitation falling on existing surfaces and being conveyed to existing on -site stormwater management systems or, where properties are connected, to the City's existing stormwater management system. New hard surfaces will be managed per item 4 below. 2. Could waste materials enter ground or surface waters? If so, generally describe The risk of waste materials entering ground or surfaces waters will not change with this proposal. While the proposal may result in development activity, the allowable hard surfaces in all impacted areas will not increase. Any resulting development activity that may result in an increase in hard surfaces will be managed per item 4 below. 3. Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. The proposal is a non -project, non -site -specific action which will not specifically alter or affect drainage patterns. While the proposal may result in development activity, the allowable hard surfaces in all impacted areas will not increase. Any resulting development activity that may result in an increase in hard surfaces will be managed per item 4 below. SEPA Environmental checklist September 2023 Page 8 (WAC 197-11-960) Packet Pg. 276 9.1.a 4. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: The City will continue to enforce the provisions of its stormwater discharge permit issued by the Department of Ecology (Western Washington Phase 11 Municipal Permit) and associated vetted documents such as the 2019 Stormwater Management Manual for Western Washington to reduce or control surface, ground, and runoff water, and drainage pattern impacts. The City will maintain compliance with any future permits requirements and use future vetted documents to reduce or control surface, ground, and runoff water, and drainage pattern impacts. SEPA Environmental checklist September 2023 Page 9 (WAC 197-11-960) Packet Pg. 277 9.1.a 4. Plants Find help answering plants questions a. Check the types of vegetation found on the site: ❑X deciduous tree: alder, maple, aspen, other ® evergreen tree: fir, cedar, pine, other ❑X shrubs ❑X grass ❑ pasture ❑ crop or grain ❑ orchards, vineyards, or other permanent crops. ❑x wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other ® water plants: water lily, eelgrass, milfoil, other ❑ other types of vegetation b. What kind and amount of vegetation will be removed or altered? The proposal is a non -project, non -site -specific action which will not lead to specific alteration of plants and vegetation. Any resulting development activity that may result in tree removal will be regulated by Chapter 23.10 ECDC (Tree Related Regulations). c. List threatened and endangered species known to be on or near the site. No threatened or endangered plant species are known to be located within the City of Edmonds. Washington State Department of Natural Resources Natural Heritage site data do not show any rare, threatened, or endangered plant species in the City of Edmonds. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. The proposal is a non -project, non -site -specific action which will not lead to specific alteration of plants and vegetation. Any resulting development activity that may result in tree removal will be regulated by Chapter 23.10 ECDC (Tree Related Regulations). e. List all noxious weeds and invasive species known to be on or near the site. This is a not a site specific project; however, it is assumed that some noxious/invasive plants listed on the Snohomish County noxious week list exist within the City of Edmonds. SEPA Environmental checklist September 2023 Page 10 (WAC 197-11-960) Packet Pg. 278 9.1.a 5. Animals Find help answering animal auestions$ a. List any birds and other animals that have been observed on or near the site or are known to be on or near the site. Examples include: • Birds: hawk, heron, eagle, songbirds, other: • Mammals: deer, bear, elk, beaver, other: • Fish: bass, salmon, trout, herring, shellfish, other: The proposal is a non -project, non -site -specific action. However, numerous fish and wildlife species depend on the Edmonds shoreline and adjacent shoreland habitats for either part or all of a life stage. Shellfish resources include clams, mussels, crab, and shrimp. Eight species of salmonids use nearshore areas of Puget Sound at some point in their life cycle. These include Chinook, chum, coho, sockeye, and pink salmon and sea -run cutthroat, steelhead, and bull trout. Birds with priority habitats that occur within the City include bald eagle, purple martin, and great blue heron. b. List any threatened and endangered species known to be on or near the site. The proposal is a non -project, non -site -specific action. However, several federally listed, threatened, or endangered species that may inhabit marine waters or adjacent habitats within the City are identified in the State database The threatened marbled murrelet are observed intermittently in inland Puget Sound waters; winter and summer surveys by WDFW conducted near Edmonds found no murrelets in winter and only a few birds in the Edmonds area in summer. Federally listed threatened fish species that may occur in or in the vicinity of Edmonds, including Puget Sound Chinook salmon and bull trout. Federally listed marine mammals (Steller sea lion and Puget Sound orcas) may be present in the Edmonds shore zone, but are not commonly observed. c. Is the site part of a migration route? If so, explain. The shoreline of Puget Sound provides a migratory route for salmon and the City of Edmonds is located within the Pacific Flyway, which is a flight corridor for migrating waterfowl and other birds. d. Proposed measures to preserve or enhance wildlife, if any. The proposal is a non -project, non -site -specific action which does not require specific measures to preserve or enhance wildlife. Any resulting development must meet the requirements of Chapter 23.90 ECDC (fish and Wildlife Habitat Conservation Areas). s https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-5-Animals SEPA Environmental checklist September 2023 Page 11 (WAC 197-11-960) Packet Pg. 279 9.1.a e. List any invasive animal species known to be on or near the site. The proposal is a non -project, non -site -specific action which will not impact animals any more than currently allowed development activities. No known invasive animal species are within Edmonds. 6. Energy and natural resources Find help answeriniz enerev and natural resource auestions9 a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The proposal is a non -project, non -site -specific action with no specific energy needs. Any resulting development that includes HVAC equipment and exterior envelope assemblies must meet the 2021 Washington State Energy Code. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. The proposal is a non -project, non -site -specific action, which will not affect the potential use of solar energy by adjacent properties more than currently allowed development activities. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. The proposal is a non -project, non -site -specific action with no specific energy conservation features. Any resulting development that includes HVAC equipment and exterior envelope assemblies must meet the 2021 Washington State Energy Code. 7. Environmental health Health Find help with answering environmental health auestions10 a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur because of this proposal? If so, describe. No. 1. Describe any known or possible contamination at the site from present or past uses. 9 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-6-Energy-natural-resou 10 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-7-Environmental-health SEPA Environmental checklist September 2023 Page 12 (WAC 197-11-960) Packet Pg. 280 9.1.a The proposal is a non -project, non -site -specific action which would not lead to any environmental health hazards. 2. Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. According to the National Pipeline Mapping System (https://www.npms.phmsa.dot.gov/), there are no existing hazardous liquid and gas transmission pipelines within the City of Edmonds. 3. Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. The proposal is a non -project, non -site -specific action which would not lead to any storage of hazardous chemicals. 4. Describe special emergency services that might be required. The proposal is a non -project, non -site -specific action which would not lead to the need for special emergency services other than those that already exist. 5. Proposed measures to reduce or control environmental health hazards, if any. The proposal is a non -project, non -site -specific action which would not lead to any environmental health hazards. b. Noise 1. What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? The proposal is a non -project, non -site -specific action which would not lead to specific noise impacts. Any resulting development that may affect traffic, equipment, and operation must meet the noise criteria in Chapter 5.30 ECC (Noise Abatement and Control). 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site)? The proposal is a non -project, non -site -specific action which would not lead to specific noise impacts. Any resulting development that may affect traffic, equipment, and operation must meet the noise criteria in Chapter 5.30 ECC (Noise Abatement and Control). 3. Proposed measures to reduce or control noise impacts, if any: Any resulting development that may affect traffic, equipment, and operation must meet the noise criteria in Chapter 5.30 ECC (Noise Abatement and Control). SEPA Environmental checklist September 2023 Page 13 (WAC 197-11-960) Packet Pg. 281 9.1.a 8. Land and shoreline use Find help answering land and shoreline use questions" a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. Edmonds is composed primarily of single-family residential development with multifamily and commercial areas along major arterials. The proposal will allow up to two ADUs on all single-family parcels consistent with State mandate (HB 1337). b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses because of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? No. 1. Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how? [Line c. Describe any structures on the site. Nearly all parcels are built out with single family residences and appurtenances, except for the few parcels zoned and developed for business/commercial. d. Will any structures be demolished? If so, what? The proposal is a non -project, non -site -specific action which would not lead to the specific demolition of any structures. e. What is the current zoning classification of the site? The proposal will affect all single-family zones within the City of Edmonds. Affected zoning will be RS-6, RS-8, RS-10, RS-12, and RS-20. f. What is the current comprehensive plan designation of the site? The proposal will affect the following designations: Single-family Urban 1, Single-family Urban 2, Single-family Urban 3, and Single-family Resource. g. If applicable, what is the current shoreline master program designation of the site? " https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-8-Land-shoreline-use SEPA Environmental checklist September 2023 Page 14 (WAC 197-11-960) Packet Pg. 282 9.1.a The proposal will affect the following shoreline designations: Shoreline Residential I, Shoreline Residential II, and Shoreline Residential III. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. Environmentally sensitive or critical areas in the City of Edmonds include geologically hazardous areas (landslide hazard, erosion, and seismic hazards), wetlands, critical aquifer recharge areas, and fish and wildlife habitat areas (streams and the marine shoreline). i. Approximately how many people would reside or work in the completed project? According to the 2020 Decennial Census the population of Edmonds is 42,853, with 19,305 housing units, the majority occurring within single-family zones. j. Approximately how many people would the completed project displace? The proposal will increase the supply of housing and would not likely result in any displacement. k. Proposed measures to avoid or reduce displacement impacts, if any. The proposal will increase the supply of housing and would not likely result in any displacement. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. The proposal is compatible with the Housing Element of the 2020 City of Edmonds Comprehensive Plan and is consistent with Washington State mandated growth management legislation (HB 1337). m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: The proposal is a non -project, non -site -specific action. Edmonds has no areas of agricultural or forested areas. 9. Housing Find help answering housing questionS12 a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. VIA — Perkins Eastman Consulting group has estimated that legislation mandated by FIB 1337 could produce up to 1,642 accessory dwelling units within the City of Edmonds. " https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-9-Housing SEPA Environmental checklist September 2023 Page 15 (WAC 197-11-960) Packet Pg. 283 9.1.a Production of ADUs is a private decision that is initiated by individual households and may result fewer housing units. The proposal is intended to supply middle housing options, but incidentally may also provide high and low-income housing. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. The proposal will increase the supply of housing and would not likely result in the elimination of any housing units. c. Proposed measures to reduce or control housing impacts, if any: The proposal will increase the supply of housing and would not likely result in the elimination of any housing units. Any resulting development must meet the requirements of Chapter 16.20 ECDC (Single -Family Residential) and other applicable development codes. 10. Aesthetics Find help answering aesthetics auestions13 a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The proposal will allow ADUs of up to 24-feet in height. State legislation (HB 1337) does not allow for the regulation of exterior building materials for aesthetic purposes that are more restrictive than design restrictions to single-family dwelling units. Any resulting development must follow all applicable Building city and state building regulations. b. What views in the immediate vicinity would be altered or obstructed? The proposal is a non -project, non -site -specific action that will affect views. While the proposal may result in development activity, the allowable building height in all impacted areas will not increase. c. Proposed measures to reduce or control aesthetic impacts, if any: State legislation (HB 1337) does not allow for the regulation of aesthetic impacts related to ADU development that are more restrictive than design restrictions to single-family dwelling units. Any resulting development activity must meet the requirements of Chapter 16.20 ECDC (Single -Family Residential) and other applicable development codes. 13 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-1 O-Aesthetics SEPA Environmental checklist September 2023 Page 16 (WAC 197-11-960) Packet Pg. 284 9.1.a 11. Light and glare Find help answering light and glare questionS14 a. What type of light or glare will the proposal produce? What time of day would it mainly occur? The proposal is a non -project, non -site -specific action and will not likely produce light or glare. b. Could light or glare from the finished project be a safety hazard or interfere with views? The proposal is a non -project, non -site -specific action and will not likely produce light or glare. c. What existing off -site sources of light or glare may affect your proposal? The proposal is a non -project, non -site -specific action and will not likely produce light or glare. d. Proposed measures to reduce or control light and glare impacts, if any: The proposal is a non -project, non -site -specific action and will not likely produce light or glare. 12. Recreation Find help answering recreation questions a. What designated and informal recreational opportunities are in the immediate vicinity? Numerous parks, schools, and community facilities are located throughout single-family zones. b. Would the proposed project displace any existing recreational uses? If so, describe. It is unlikely that the proposal will displace any existing recreational uses since ADUs must be developed in conjunction with single-family development. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: It is unlikely that the proposal will displace any existing recreational uses since ADUs must be developed in conjunction with single-family development. 14 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-ll-Light-glare SEPA Environmental checklist September 2023 Page 17 (WAC 197-11-960) Packet Pg. 285 9.1.a 13. Historic and cultural preservation Find help answering historic and cultural Dreservation auestionS15 a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers? If so, specifically describe. There are numerous buildings through the City of Edmonds that are over 45 years old. The City has a local historic register with 20 sites on the register. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. According to Department of Archeology and Historic Preservation's WISAARD tool, there are no known archeological sites within the City of Edmonds. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. The proposal is a non -project, non -site -specific action and will not impact specific cultural and historic resources. If the City discovers an historic or cultural resource, the location will be secured, and the City will contact the appropriate agencies and/or tribes. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. The proposal is a non -project, non -site -specific action and will not impact specific cultural and historic resources. If the City discovers an historic or cultural resource, the location will be secured, and the City will contact the appropriate agencies and/or tribes. 14. Transportation Find help with answering transDortation auestions16 a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. Edmonds is served by a series of State and local roads. SR 104 runs from the east at Interstate 5 through the southern part of Edmonds, ending at the State of Washington " https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checkli st-Secti on-B-Environmental-elements/Environmental-elements-l3-Historic-cultural-p 16 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checkli st-Secti on-B-Environmental-elements/Environmental-elements-l4-Transportation SEPA Environmental checklist September 2023 Page 18 (WAC 197-11-960) Packet Pg. 286 9.1.a Ferry Terminal. SR 524 begins in Lynnwood at Interstate 5 and runs west through the center of Edmonds from the crest of the hill and down into the city center. Local roads provide access throughout Edmonds. These roads provide access for Community Transit, the commuter bus service for South Snohomish County. Commuter Park and Ride lots are located throughout Edmonds and are served by Community Transit bus service. The rail lines along the Edmonds' shoreline are primarily used by BNSF for freight service, but also provide Amtrak passenger train service through Edmonds. Sound Transit provides daily commuter service to and from Seattle. Washington State Ferries operates ferry service from Edmonds to Kingston providing access to the Olympic Peninsula. This is one of the busiest commuter ferry terminals in Puget Sound, as well as one of the major access points from the east side of Puget Sound to the west. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? The City of Edmonds is served by Community Transit bus service, Washington State ferries, Sound Transit commuter rail and Amtrak passenger train service. The majority of households in Edmonds can access transit within 1/2 mile of their homes. c. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle, or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). The proposal may not require impact fees or new or improvements to existing roads, streets, pedestrian, bicycle, or state transportation facilities. d. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. IM071 e. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? Per ECC 3.36.040(A)(6), the City's traffic model does not assign additional trips to the network as a result of ADUs. f. Will the proposal interfere with, affect, or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. No. SEPA Environmental checklist September 2023 Page 19 (WAC 197-11-960) Packet Pg. 287 9.1.a g. Proposed measures to reduce or control transportation impacts, if any: ADUs may not increase the overall density of single-family neighborhoods. 15. Public services Find help answering Dublic service auestionS17 a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. ADUs may not increase the overall density of single-family neighborhoods and therefore would not significantly result in the need for public services. b. Proposed measures to reduce or control direct impacts on public services, if any. None. 16. Utilities Find help answerine utilities auestions18 a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other: The proposal is a non -project, non -site -specific action. Specific resulting projects will include utility services. Utilities will likely include electricity, natural gas, water, refuse service, telephone, sanitary sewer, and septic systems. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. The proposal is a non -project, non -site -specific action. Specific resulting projects will include utility services. Utilities will likely include electricity, natural gas, water, refuse service, telephone, sanitary sewer, and septic systems. " https:Hecology.wa.gov/regulations-permits/sepa/environmental-review/sepa-guidance/sepa-checklist- guidance/sepa-checklist-section-b-environmental-elements/environmental-elements-l5-public-services is https://ecology.wa.gov/regulations-permits/sepa/environmental-review/sepa-guidance/sepa-checklist- guidance/sepa-checklist-section-b-environmental-elements/environmental-elements-l6-utilities SEPA Environmental checklist September 2023 Page 20 (WAC 197-11-960) Packet Pg. 288 9.1.a C.Signature Find help about who should sign19 The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. 3/12/2024 X Rose Haas Signed by: Rose Haas Type name of signee: Rose Haas Position and agency/organization: Planner, City of Edmonds Date submitted: 02/29/2024 D.Supplemental sheet for nonproject actions Find help for the nonoroiect actions worksheet20 Do not use this section for project actions. Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposal would not directly increase discharges to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise. • Proposed measures to avoid or reduce such increases are: Since increased impacts are not anticipated, there are no specific measures proposed. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? 19 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-C-Signature 20 https://ecology.wa.gov/regulations-permits/sepa/environmental-review/sepa-guidance/sepa-checklist- guidance/sepa-checklist-section-d-non-project-actions SEPA Environmental checklist September 2023 Page 21 (WAC 197-11-960) Packet Pg. 289 9.1.a The proposal would not directly affect plants, animals, fish, or marine life more than currently allowable development. • Proposed measures to protect or conserve plants, animals, fish, or marine life are: Any resulting development activities must meet the requirements of Title 23 ECDC (Natural Resources). 3. How would the proposal be likely to deplete energy or natural resources? The proposal would not directly deplete energy or natural resources • Proposed measures to protect or conserve energy and natural resources are: Any resulting development activities must meet the requirements of Title 23 ECDC (Natural Resources). 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection, such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposal would not affect environmentally sensitive areas or areas designated for governmental protection more than currently allowable development. • Proposed measures to protect such resources or to avoid or reduce impacts are: Any resulting development activities must meet the requirements of Title 23 ECDC (Natural Resources). 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposal would not affect land and shoreline use more than currently allowable development. The proposal would encourage land use that is consistent with the Housing Element of the 2020 Comprehensive Plan. • Proposed measures to avoid or reduce shoreline and land use impacts are: Any resulting development activities must meet the requirements of the Title 24 ECDC (Edmonds Shoreline Master Program). 6. How would the proposal be likely to increase demands on transportation or public services and utilities? ADUs may not increase the overall density of single-family neighborhoods and therefore are unlikely to increase demands on transportation or public services and utilities more that currently allowed single-family development. • Proposed measures to reduce or respond to such demand(s) are: No specific measures are proposed since no negative impacts are anticipated as part of the proposal. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. SEPA Environmental checklist September 2023 Page 22 (WAC 197-11-960) Packet Pg. 290 9.1.a The proposal does not conflict with local, state or federal laws or requirements for the protection of the environment. Any resulting development must meet all requirements of Titles 23 and 24 ECDC. SEPA Environmental checklist September 2023 Page 23 (WAC 197-11-960) Packet Pg. 291 9.1.a Legal Invoice Sound Publishing, Inc. Unit Attn: A/R PO Box 930 Everett WA 98206-0930 Bill To: City of Edmonds - LEGAL ADS Attn: Scott Passey 121 - 5th Ave N Edmonds WA 98020 Legal Description: Nonsignificance (DNS) Desc: AMD2023-0008 DNS Ordered By: ROSE HAAS Issues Ordered: 1 Date: 03/15/2024 Everett Daily Herald Customer Account #: 14101416 Legal Description: EDH993126 Legal #: EDH993126 Ad Cost: $ 61.92 Published: Everett Daily Herald Start Date: 03/15/2024 End Date: 03/15/2024 Due: S 61.92 Please return this with payment. Questions? Call 1-800-485-4920 City of Edmonds - LEGAL ADS Account #: 14101416 Attn: Scott Passey Invoice #: EDH993126 121 - 5th Ave N Edmonds WA 98020 Due: $ 61.92 7 1F h� 1111.] MAR 2 2 2024 DEVELOPMENT SERVICES COUNTER Packet Pg. 292 9.1.a Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of ED1-1993126 AMD2023-0008 DNS as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of I issue(s), such publication commencing on 03/15/2024 and ending on 03/15/2024 and that said newspaper was regularly distributed to its subscribers during all of said period. The amou of the fee A suc r $61.92. Subscribed and sworn before me on this r,'Tcr day of a Notary Public in and for the State o Washington. City of Edmonds -LEGAL ADS 1 I J I U 141 R ROSE HAAS =APPOIntment .�a.ft�.,s,,.,.�,.„�illipsublic hington es 8/29r2025 r 44t) of "- wmww Packet Pg. 293 Classified Proof 9.1.a M N 0 CITY OF EDMONDS N NOTICE OF SEPA DETERMINATION of NONSIGNIFICANCE Q NOTICE IS HEREBY GIVEN that the City of Edmonds has issued a Determina0on of Nonsigniricance for the following project. PROJECT DESCRIPTION: Amendments to accessory dwelling unit standards and processes to align with House Bill 1337 as codified In RCW 36.70A.680, RCW 36.70A.681, and RCW d 36.70A.696. The project would amend chapters In the Edmonds +' Community Development Code (ECDC) and The Edmonds City Code (ECC) to be consistent vnth the new regulations and other Q implement best practices: impact fees in Chapter 3.36 ECC; uses and standards In ECDC 16,20, 20.21 and 20,35; parking in ECDC 17.50 and 17.115, nonconforming code in ECDC 17.40: Land use processes in Chapter 20.01: and related definitions in ECDC Title 21. 0 NAME OF APPLICANT: City of Edmonds PROJECT LOCATION: City-wide; this is a non -project action. L) FILE NO.: AMD2023-00oe DATE OF ISSUANCE: March 15, 2024 �- COMMENTS ON = PROPOSAL DUE: March 29, 2024 Relevant materials can be reviewed by visiting the City's webslte at https://www.edmonds%va.gov/services/pubgc_involvemant/public 1101ices/development notices, or by contacting the City contact .5 noted below. Comments may be malled or emailed, Please refer 10 the application file nunber for all Inquiries. SEPA APPEAL: Consistent with RCW 43.21C.495, adopton of ordinances, development regulations and amendments to such Q regulations, and other non -project actions taken by a city ` consistent with the requirements of RCW 36.70A.680 and �+ 36 70A.681 are not subject to administrative or judicial appeals 0 CITY CONTACT: Rose Haas, Planner to rose ihaas@edmondswa.gov 425-771-0220 42) Published: March 15, 2024. EDH993126 V V Q Q a w U) m r 0 z 0 0 0 0 o� N 0 N G Q C d t V r� r Q r+ C d t V is r Q Proofed by Phillips, Linda, 03/15/2024 02:38:27 pm Page: 2 Packet Pg. 294 9.1.b DRAFT ADU CODE UPDATE— 1337 v.10 DRAFT ADU Code Amendments MO 3.36.030 Assessment and payment of impact fees.) A. Required. The city shall collect impact fees, based on the rates in ECC 3.36.120 and 3.36.125. from any applicant seeking development approval from the city for any development activity within the city as provided herein, including the expansion of existing structures or uses or change of existing uses that creates additional demand for public facilities. 1. For the purposes of this chapter, development activity shall not include miscellaneous improvements that do not add any demand for public facilities, including, but not limited to, fences, walls, swimming pools accessory to a residential use, and signs. 2. For the purposes of this chapter, development activity shall not include replacement of a residential structure with a new residential structure of the same type at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior residential structure. Replacement of a residential structure with a new residential structure of the same type shall be interpreted to include any residential structure for which there is no increase in the number of residential units. 3. For the purposes of this chapter, development activity shall not include alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed. Note accessery dWelliRg units (ADIJs) aF@ ROt considered to create- additional dWelliRg Units beta, -moo ECDC :20 79 r»n rinoc n.,t Gnnsider enl s as iRcreaSiRg the overall .eosiny of a nnle family residential neighborhood B. Timing and Calculation of Fees. Impact fees shall be assessed based upon the impact fee rates in effect at the time of issuance of the building permit, including but not limited to change of use permit or remodel permit. 1. For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building, the impact fee shall be the applicable impact fee for the new use, less an amount equal to the applicable impact fee for the prior use. Commented [RH1]: I added Comments for annot whether the code is being deleted, moved or added why. Or, whether more info is needed Packet Pg. 295 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 2. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the impact fee rates set forth in ECC 3.36.120 and 3.36.125. 3. Where the impact fees imposed are determined by the square footage of the development, the building official will establish the gross floor area created by the proposed development. 4. Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to ECC 3.36.050 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to ECC 3.36.050 setting forth the dollar amount of the credit awarded. 5. Applicants shall pay an administrative fee that covers the cost of staff time in administering the impact fee program. The amount of the administrative fee shall be established and updated from time to time by resolution of the city council. C. Payment. Unless deferred pursuant to ECC 3.36.160, impact fees shall be paid at the time the building permit or business license is issued by the city. The department shall not issue the required building permit or business license or other approval unless and until the impact fees set forth in ECC 3.36.120 and 3.36.125 have been paid in the amount that they exceed exemptions or credits provided pursuant to ECC 3.36.040 or 3.36.050; provided, that building permits may be issued without impact fee payment when payment is deferred in accordance with ECC 3.36.160. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.040 Exemptions. A. Except as provided for below, the following shall be exempted from the payment of all impact fees under this chapter: 1. Alteration of an existing nonresidential structure that does not involve a change in use and does not expand the usable space or add any residential units; 2. Miscellaneous improvements that do not expand usable space or add any residential units, including, but not limited to, fences, walls, swimming pools, and signs; 3. Demolition or moving of a structure; Packet Pg. 296 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 4. Expansion of an existing structure that results in the addition of 100 square feet or less of gross floor area; 5. Replacement of a structure with a new structure of the same size and use at the same site or lot when a building permit application for such replacement is submitted to the city within 12 months of the demolition or destruction of the prior structure. Replacement of a structure with a new structure of the same size shall be interpreted to include any structure for which the gross square footage of the building will not be increased by more than 100 square feet; or 6. Alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed. (accessor„, wel'in., ,nits (Atli is) are not GORsidered to create adel tion4i rJwoiifnn n ins hcroi Aso CGDC 20 21 0:20 ,ions nor consiricr ADI is as g the overall density of a single family residential neighborhood, and beEause the cit)(s traffic model does; nAt assign additional trips to the not%vork are—suit of Ani is) E. Low-income housing units shall be exempt from paying 80 percent of the street impact fees to the extent the units satisfy this subsection. Such exemption shall be conditioned upon the developer recording a covenant that prohibits using the low-income housing units for any purpose other than for low-income housing. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing development, and that if the property is converted to a use other than for low-income housing, the property owner must pay the applicable impact fees in effect at the time of conversion. The covenant shall also require the owner to submit an annual report to the city along with supporting documentation that shows that the low-income units are continuing to be rented in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the housing is located. The covenant shall be in a form acceptable to the city attorney and shall be recorded upon the developer's payment of the remaining 20 percent of the street impact fee. C. Except as provided for below, the following shall be exempted from the payment of park impact fees under this chapter: 1. Low-income housing provided by nonprofit organizations such as, but not limited to, Habitat for Humanity. Owners of low-income single-family dwelling units, condominiums and other low-income housing shall execute and record a lien against the property, in favor of the city, for a period of 10 years guaranteeing that the dwelling unit will continue to be Packet Pg. 297 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 used for low-income housing or that impact fees from which the low-income housing is exempted, plus interest, shall be paid. The lien against the property shall be subordinate only to the lien for general taxes. In the event that the development is no longer used for low-income rental housing, the owner shall pay the city the impact fee from which the owner or any prior owner was exempt, plus interest at the statutory rate. Any claim for an exemption for low-income owner occupied housing must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. D. Early learning facilities shall be exempt from paying 80 percent of street and park impact fees; provided, that the early learning facility satisfies the conditions of this subsection. Such exemption shall be conditioned upon the developer recording a covenant that requires that at least 25 percent of the children and families using the early learning facility qualify for state subsidized child care, including early childhood education and assistance under Chapter 43.216 RCW, and that provides that if the property is converted to a use other than for an early learning facility, the property owner must pay the applicable impact fees in effect at the time of conversion, and that also provides that if at any point during a calendar year the early learning facility does not achieve the required percentage of children and families qualified for state subsidized child care using the early learning facility, the property owner must pay the remaining impact fee that would have been imposed on the development had there not been an exemption. The covenant shall also require the owner to submit an annual report to the city along with supporting documentation that shows that the early learning facility is in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the early learning facility is located. The covenant shall be in a form acceptable to the city attorney and shall be recorded upon the developer's payment of the remaining 20 percent of the impact fees. E. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section, in any other section, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4268 § 1, 2022; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.120 Park impact fee rates. The park impact fee rates in this section are generated from the formula for calculating impact fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise Packet Pg. 298 9.1.b DRAFT ADU CODE UPDATE - 1337 v.10 provided for independent fee calculations in ECC 3.36.130, exemptions in ECC 3.36.040 and credits in ECC 3.36.050, all new developments in the city will be charged the park impact fee applicable to the type of development as follows: A. Effective October 1, 2014: 1. Single-family house: $2,734.05 per dwelling unit. 2. Accessory dwelling units: $1,367.03 per dwelling unit. 3. 2-. Multifamily residential housing: $2,340.16 per dwelling unit. 4.3. Nonresidential development: $1.34 per square foot. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.125 Street impact fee rates. The street impact fee rates in this section are generated from the formula for calculating impact fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise provided for herein, all new developments in the city will be charged the street impact fee applicable to the type of development as follows in the table below. For properties zoned BD - Downtown Business, an ITE Land Use Code of 814 - Specialty Retail shall be applied. 2016 (w/ 2017 (w/ 2018 (w/ 2019 and ITE Land Use Code - Fee $1,049.41 $2,543.01 $4,036.61 beyond (w/ Description Calculation cost per cost per cost per $5,530.21 cost trip) trip) trip) per trip) 110 - Light Industrial per square foot $1.50 $3.64 $5.77 $7.91 140 - Manufacturing per square foot $1.12 $2.72 $4.32 $5.92 151 - Mini -warehouse per square foot $0.40 $0.97 $1.54 $2.10 210 - Single-family house per dwelling $1,196.33 $2,873.60 $4,561.37 $6,249.14 unit 5 00 O O O M N O N G Q d r CL m O V Commented [HR2]: Per RCW 36.70A.681(1)(a), tl C of county may not assess impact fees on the construct — accessory dwelling units that are greater than 50 pe 3 �f the impact fees that would be imposed on the princ Q iit. O m to O t) C1 Q Packet Pg. 299 9.1.b DRAFT ADU CODE UPDATE- 1337 v.10 ITE Land Use Code - Description Fee Calculation 2016 (w/ $1,049.41 cost per trip) 2017 (w/ $2,543.01 cost per trip) 2018 (w/ $4,036.61 cost per trip) 2019 and beyond (w/ $5,530.21 cost per trip) 215 - Accessory dwelling units per dwelling 1$3,124.57 unit 220 -Apartment per dwelling unit $776.56 $1,881.83 $2,987.09 $4,092.36 230 - Condominium per dwelling unit $629.65 $1,525.81 $2,421.97 $3,318.13 240 - Mobile home per dwelling unit $671.62 $1,627.53 $2,583.43 $3,539.33 251 - Senior Housing per dwelling unit $157.41 $584.89 $928.42 $1,271.95 320 - Motel per room $629.65 $1,525.81 $2,421.97 $3,318.13 420 - Marina per boat berth $188.89 $457.74 $726.59 $995.44 444 - Movie theater per screens $13,166.00 $31,905.90 $50,645.37 $69,384.85 492 - Health/fitness club per square foot $2.78 $6.74 $10.98 $14.66 530 - High school per square foot $0.82 $1.98 $3.15 $4.31 560 - Church per square foot $0.69 $1.68 $2.67 $3.65 565 - Day care center per square foot $6.57 $15.77 $25.02 $34.29 620 - Nursing home per bed $199.39 $483.17 $766.96 $1,050.74 710 - General office per square foot $2.07 $5.01 $7.95 $10.89 720 - Medical office per square foot $3.81 $9.54 $15.14 $20.74 Commented [HR3]: $3124.57 is 50% of the prima (single-family) unit fee. Per RCW 36.70A.681(1)(a), t of county may not assess impact fees on the constn accessory dwelling units that are greater than 50 pe the impact fees that would be imposed on the princ Packet Pg. 300 9.1.b DRAFT ADU CODE UPDATE- 1337 v.10 ITE Land Use Code - Description Fee Calculation 2016(w/ $1,049.41 cost per trip) 2017(w/ $2,543.01 cost per trip) 2018(w/ $4,036.61 cost per trip) 2019 and beyond (w/ $5,530.21 cost per trip) 820 - Shopping center per square foot $1.34 $3.26 $5.17 $7.08 826 - Specialty retail per square foot $0.93 $2.06 $3.27 $4.48 850 - Supermarket per square foot $4.80 $10.50 $16.84 $22.84 850 - Convenience market 15 - 16 hrs per square foot $5.80 $14.07 $22.38 $30.58 912 - Drive-in bank per square foot $7.00 $15.97 $25.41 $34.73 932 - Restaurant: sit-down per square foot $4.70 $10.04 $15.95 $21.84 933 - Fast food, no drive -up per square foot $9.19 $22.28 $35.36 $48.44 934 - Fast food with drive -up per square foot $11.23 $26.24 $41.66 $57.07 936 - Coffee/donut shop, no drive -up per square foot $5.73 $13.88 $22.04 $30.19 938 - Coffee/donut shop, drive- up, no indoor seating per square foot $10.55 $25.56 $40.37 $55.58 945 - Gas station with convenience per vehicle fueling position $3,347.62 $6,916.99 $10,979.58 $15,042.18 [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016]. a a Packet Pg. 301 9.1.b DRAFT ADU CODE UPDATE — 1337 v.10 7.30.030 Water rates - Meter installation charges. A. Base Rate. The bimonthly rates of water supplied through meters shall be fixed at the following levels: Effective Date Current 1/1/24 1/1/25 1/1/26 Single-family residence (per unit) $44.08 $48.05 $52.37 $57.08 Duplex, accessory dwelling unit(s) (attached and detached), apartment houses, condos and other multiunit residences (per unit) $38.82 $42.31 $46.12 $50.27 Effective Date Current Meter 1/1/24 1/1/25 1/1/26 All other customers $53.30 3/4" $58.10 $63.33 $69.03 $108.51 1" $118.28 $128.92 $140.52 $200.66 11/2" $218.72 $238.40 $259.86 $305.92 2" $333.45 $363.46 $396.18 $659.94 3" $719.33 $784.07 $854.64 $934.80 4" $1,018.93 $1,110.64 $1,210.59 $1,895.91 6" $2,066.54 $2,252.53 $2,455.26 B. Variable Rate. In addition to the base rate set forth above, the customer shall be charged the following rate per 100 cubic feet of water consumed: Packet Pg. 302 9.1.b DRAFT ADU CODE UPDATE — 1337 v.10 Effective Date Variable Rate Current 1/1/24 1/1/25 1/1/26 $4.60 $5.01 $5.47 $5.96 For the purposes of understanding the reference to the "effective date" in the above tables, all water base rate and variable rate charges on water utility bills mailed on or after January 1 st of each year shall be based on the adopted rates for that effective date even if the utility service period reflected on the bill includes time from before the effective date. C. Meter Installation Charges. Fees shall be at set forth in ECDC 15.00.020. 1. New service line and meter installation charges are required. 2. The actual cost of street restoration (with regard to all surface streets) shall be added to any meter installation charge, if applicable. D. All rates set forth in this section shall be exclusive of any applicable taxes. E. Repealed by Ord. 3618. [Ord. 4333 § 4 (Exh. A), 2023; Ord. 4330 § 1, 2023; Ord. 4286 § 1, 2022; Ord. 4169 § 1, 2019; Ord. 4052 § 1, 2016; Ord. 3945 § 1, 2013; Ord. 3903 § 1, 2012; Ord. 3802 § 1, 2010; Ord. 3618 § 2, 2006; Ord. 3616 §§ 1 - 3, 2006; Ord. 3400 § 1, 2002; Ord. 3339 § 2, 2000; Ord. 2974 §§ 1 and 2, 1994; Ord. 2898 § 1, 1992; Ord. 2880 § 1, 1992; Ord. 2657 § 1, 1988; Ord. 2361 § 1, 1983; Ord. 2339 § 2, 1982; Ord. 2305 § 2, 1982; Ord. 2255 § 1, 1981; Ord. 2211 § 1, 1981; Ord. 2197 § 1, 1981; Ord. 2139, 1980; Ord. 1963 § 1, 1977; Ord. 1898 § 1, 1977; Ord. 1709 § 1, 1974; Ord. 1457 § 1, 1970; Ord. 1385 § 2, 1968; Ord. 1263 § 1, 1967; Ord. 0901, 1961; Ord. 0786 § 2, 1959]. 7.30.035 Water and sewer utility general facilities charges. A general facilities charge (GFC) (formerly known as a "connection charge") shall be paid by each customer connecting to the citys water or sewer system in accordance with the following requirements: A. Sewer System GFC The sanitary sewer GFC shall be paid at the time of side sewer permit issuance. The payment amount shall be established based upon the GFC in effect on the date of side sewer permit application. Sewer GFCs shall be in an amount per equivalent residential unit (ERU) added as a result of the development as set forth below; provided, that 9 Packet Pg. 303 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 nonresidential building permit and business license applicants shall pay sewer system GFC when the proposed structure and/or business activity would generate additional probable sewer usage. 1. Sewer system GFCs before the year 2024 shall be assessed on $4,417.00 equivalent residential unit per (ERU) basis as follows: a. A single-family residential applicant shall pay a GFC equal to one ERU per dwelling unit. b. A multifamily residential applicant shall pay a GFC equal to 0.67 ERU per dwelling unit. c. Applicants for nonresidential development shall pay a GFC equal to the ERU determination that is made by the public works director. This determination shall be made by estimating the probable sewer usage of the proposed development. In estimating the probable sewer usage, the public works director may consider, among other factors, the average winter water consumption for similar existing development in the city. If the applicant disagrees with the director's ERU determination, the applicant may submit additional information and analysis from a qualified engineer, with an additional $200.00 review fee, in support of a request for an alternate ERU determination. The director shall review the request for an alternate ERU determination and may accept the alternate calculation, revise the earlier ERU determination based on the new information, or uphold the earlier ERU determination. Once the director has made a final ERU determination, the applicant may pay the GFC under protest and appeal the determination, along with the underlying permit, to the hearing examiner. 2. Sewer system GFCs in the year 2024 and beyond shall be assessed on $6,598.00 equivalent residential unit (ERU) basis as follows: a. A single-family residential applicant shall pay a GFC equal to one ERU per dwelling unit. b. A multifamily residential applicant shall pay a GFC equal to 0.67 ERU per dwelling unit. 10 Packet Pg. 304 9.1.b DRAFT ADU CODE UPDATE -1337 v.10 c. An accessory dwelling unit (attached or detached) shall pay a GFC equal to 0.67 ERU per dwelling unit. d.c-. Applicants for nonresidential development shall be assessed GFCs as follows: i. The sewer system GFC for a development without an existing water meter shall be paid upon, and according to the date of, application for sewer service, and based upon an ERU equivalent for the size of the water meter to be installed, as set forth in the table below. ii. The sewer system GFC for a development with an existing water meter shall be paid upon, and according to the date of, application for sewer service, and based upon the difference in the upsize of water meter to be installed, as set forth in the table above. iii. A sewer system GFC shall not be assessed for a dedicated fire service. Sewer GFC - ERU Equivalent Water Meter Size Effective 2024 and Beyond 3/4" Meter $6,598.00 1" Meter $16,495.00 1 1/2" Meter $32,990.00 2" Meter $52,784.00 3" Meter $105,568.00 4" Meter $164,950.00 6" Meter $329,900.00 8" Meter $527,840.00 B. Water System GFC. The water system GFC shall be paid at the time of issuance of the water meter permit. The payment amount shall be established based upon the GFC in effect on the 11 Packet Pg. 305 9.1.b DRAFT ADU CODE UPDATE — 1337 v.10 date of application for water meter. Water GFCs shall be based upon the size of the meter to be installed, as set forth below: Water GFC per Water Meter Size Effective Before 2024 Effective 2024 and Beyond 3/4" meter $5,050.00 $6,358.00 1" meter $12,624.00 $15,895.00 1 1/2" meter $25,248.00 $31,790.00 2" meter $40,397.00 $50,864.00 3" meter $80,794.00 $101,728.00 4" meter $126,240.00 $158,950.00 6" meter $252,480.00 $317,900.00 8" meter $403,968.00 $508,640.00 1. Water system GFCs before the year 2024 shall be assessed on the size of water meter to be installed as set forth in the table above. 2. Water system GFCs in the year 2024 and beyond shall be assessed as follows: a. The water system GFC for a development without an existing water meter shall be based upon the size of the water meter to be installed, as set forth in the table above. b. The water system GFC for a development with an existing water meter shall be based upon the difference in upsize of the water meter to be installed, as set forth in the table above. c. For single water connections that provide fire protection and domestic service through a combination water line, the GFC shall be based on domestic service demand alone and shall not be subject to the cost differential when an up -sized water meter is required to meet the design flow rate for an automatic fire sprinkler system. All other 12 Packet Pg. 306 9.1.b DRAFT ADU CODE UPDATE — 1337 v.10 costs, including the expense of a larger meter, a general facility charge attributable to the meter sized for the domestic service alone, and other permits and fees, shall remain the responsibility of the owner. This provision only applies to a building containing one or two dwelling units constructed under the International Residential Code (I RC). 3. A water system GFC shall not be assessed for a dedicated fire service. 4. No water GFCs shall be levied for connections to water mains installed pursuant to local Improvement Districts Nos. 115, 146, and 152 by properties which participated in the establishment of said local improvement districts. 5. For the purposes of this section a water meter shall be considered an "existing water meter" if a prior structure served by a water meter is replaced with a new structure on the same site or lot when a water meter application for such replaced structure is submitted to the city within 12 months of the demolition or destruction of the prior structure. [Ord. 4323 § 1 (Exh. A), 2023; Ord. 3883 § 1 (Att. A), 2012; Ord. 3339 § 3, 2000]. 13 Packet Pg. 307 9.1.b DRAFT ADU CODE UPDATE — 1337 v.10 7.30.040 Utility charges - Sanitary sewer. The utility charges for sanitary sewer service set forth in this section shall be added to and made a part of the bimonthly or monthly rates for water supplied through the meters as set forth in ECC 7.30.030: A. The following rates shall be charged on all billings after the effective date shown with respect to the following customers and/or service: Effective Date Current 1/1/24 1/1/25 1/1/26 Single-family residence Connected $106.11 $117.25 $129.56 $142.52 (bimonthly per unit) Unconnected $17.14 $18.94 $20.93 $23.02 Duplex, accessory dwelling Connected $85.26 $94.21 $104.10 $114.52 unit(s) (attached and Unconnected $17.14 $18.94 $20.93 $23.02 detached), apartment houses, condos, and other multiunit residences (bimonthly per unit) All other customers Fixed rate $12.05 $13.32 $14.71 $16.18 (bimonthly per unit) Volume charge $6.84 $7.56 $8.35 $9.19 (per ccf)* * per 100 cubic feet (1 unit) of metered water consumption For the purposes of understanding the reference to the "effective date" in the above tables, all sanitary sewer rates and charges on sewer utility bills mailed on or after January 1 st of each year shall be based on the adopted rates for that effective date even if the utility service period reflected on the bill includes time from before the effective date. B. For customers who are not served by city waterlines but who are connected to city sewers, the charges shall be the same as set forth in subsection A of this section and its subparagraphs. 14 Packet Pg. 308 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 C. These rates do not apply to industries or manufacturing concerns which have industrial wastes. These, together with other activities not covered in this chapter, shall be dealt with on a special basis and have special rates set for the particular business by the water/utility administrative staff, subject to review and approval by the city council. D. All property owners within an area served by a sanitary sewer system in the city of Edmonds are hereby directed and compelled to connect their private drains and sewers to the city system. Failure to do so within 30 days of written notice to connect by the city shall subject the property owner to a monthly penalty equal to that charge imposed by subsections A B, and/or C above. Said penalty shall be billed to the property owner, and they shall be subject to payment, collection and enforcement in all respects as though they were utility customers of the city. All penalties collected shall be considered revenues of the sewer utility system. 7.50.050 Stormwater rates and charges. A. The following rates shall be charged on all billings with respect to the following customers and/or service: Effective Date Category Current 1/1/24 1/1/25 1/1/26 Single-family residential, accessory dwelling unit(s) (attached and detached), and multifamily residential (bimonthly per unit) $46.90 $50.89 $55.21 $59.90 All other customers per ESU (bimonthly) $46.90 $50.89 $55.21 $59.90 For the purposes of understanding the reference to the "effective date" in the above tables all stormwater rates and charges on stormwater utility bills mailed on or after January 1 st of each year shall be based on the adopted rates for that effective date even if the utility service period reflected on the bill includes time from before the effective date. B. An ESU is hereby defined to be the impervious surface area estimated to contribute an amount of runoff which is approximately equal to that created by an average single-family 15 Packet Pg. 309 9.1.b DRAFT ADU CODE UPDATE — 1337 v.10 residential parcel. A single-family residential parcel is one ESU. For all other parcels, one ESU is equivalent to 3,000 square feet of impervious surface area. 16 Packet Pg. 310 9.1.b DRAFT ADU CODE UPDATE — 1337 v.10 Chapter 16.20 RS - SINGLE-FAMILY RESIDENTIAL Sections: 16.20.000 Purposes. 16.20.010 Uses. 16.20.020 Subdistricts. 16.20.030 Table of site development standards. 16.20.040 Site development exceptions. 16.20.045 Site development standards - Single-family master plan. 16.20.050 Site development standards - Accessory dwelling units. 16.20.060-50 Site development standards - Accessory buildings. 16.20.000 Purposes. The RS zone has the following specific purposes in addition to the general purposes for residential zones of ECDC 16.00.010 and 16.10.000: A. To reserve and regulate areas primarily for family living in single-family dwellings; B. To provide for additional nonresidential uses which complement and are compatible with single-family dwelling use. [Ord. 3547 § 1, 2005]. 16.20.010 Uses. A. Permitted Primary Uses. 1. Single-family dwelling units; 2. Churches, subject to the requirements of ECDC 17.100.020; 3. Primary schools subject to the requirements of ECDC 17.100.050(G) through (R); 17 Packet Pg. 311 9.1.b DRAFT ADU CODE UPDATE - 1337 v.10 4. Local public facilities that are planned, designated, and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 5. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B. Permitted Secondary Uses. 1. Foster homes; 2. Accessory dwelling units, subject to the requirements of 16.20.050 ECDC; 3. 2—Home occupation, subject to the requirements of Chapter 20.20 ECDC; 3--.4. The renting of rooms without separate kitchens to one or more persons; 5.4. The following accessory buildings: a. Fallout shelters, b. Private greenhouses covering no more than five percent of the site, c. Private stables, d. Private parking for no more than five cars, e. Private swimming pools and other private recreational facilities; 6. -S-. Private residential docks or piers; 7. 6-. Family day-care in a residential home; 8. T Commuter parking lots that contain less than 10 designated parking spaces in conjunction with a church, school, or local public facility allowed or conditionally permitted in this zone. Any additionally designated parking spaces that increase the total number of spaces in a commuter parking lot to 10 or more shall subject the entire commuter parking lot to a conditional use permit as specified in subsection (D)(5) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075; 9. 8_ Bed and breakfasts, as in ECDC 20.23.020(A)(1). 18 d Commented [MC4]: ADUs will be a permitted sec 3 Y use. ADUs currently require a conditional use perm addition to any building permit requirements. Redu �+ permitting time and cost. O U) N a> v 0 Q Packet Pg. 312 9.1.b DRAFT ADU CODE UPDATE — 1337 v.1O C. Primary Uses Requiring a Conditional Use Permit. 1. High schools, subject to the requirements of ECDC 17.1OO.O5O(G) through (R); 2. Local public facilities that are not planned, designated, and sited in the capital improvement plan, subject to ECDC 17.100.050; 3. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. D. Secondary Uses Requiring a Conditional Use Permit. 1. Preschools; 2. Guest house; 3. Amateur radio transmitting antennas; 4 Accessory wellingunits; 4— Commuter parking lots with 10 or more designated parking spaces in conjunction with a church, school, or local public facility allowed or conditionally permitted in this zone; and 6. -5-. Bed and breakfasts, as in ECDC 2O.23.O20(A)(2). [Ord. 3988 § 7, 2015; Ord. 3900 § 4, 2012; Ord. 3702 § 1, 2008; Ord. 3547 § 1, 2005]. 16.20.020 Subdistricts. There are established seven subdistricts of the RS zone in order to provide site development standards for areas which differ in topography, location, existing development and other factors. These subdistricts shall be known as the RS-6 zone, the RS-8 zone, the RS-10 zone, the RS-12 zone, the RSW-12 zone, the RS-20 zone, and the RS-MP zone. [Ord. 3547 § 1, 2005]. 19 Packet Pg. 313 9.1.b DRAFT ADU CODE UPDATE — 1337 v.1O 16.20.030 Table of site development standards. Minimum Minimum Minimum Minimum Minimum Maximum Minimum Sub Maximum Side Rear Maximum Lot Area Lot Street Coverage Parking Density' Height District (Sq.Ft.) Width Setback Setback Setback M Spaces' RS-20 20,000 2.2 100, 25' 3513 & 25' 25' 35% 2 10, IRS-1 2 12,000 3.7 80' 25' 10, 25' 25' 35% 2 RSW- 12,000 3.7 — 15' 10, 35' 25' 35% 2 124 IRS-1 0 10,000 4.4 75' 25' 10, 20' 25' 35% 2 RS-8 8,000 5.5 70' 25' 7-1/2' 15' 25' 35% 2 RS-6 6,000 7.3 60' 20' S' 15' 25' 35% 2 RS-MP5 12,0005 3.75 80'5 255 10i5 255 25' 35% 2 1 Density means "dwelling units per acre" determined by dividing the total lot area by the density allowed by the underlying zoning; the number of lots or units permitted shall be rounded down to the nearest whole number. 2 See Chapter 17.50 ECDC for specific parking requirements. 3 Thirty-five feet total of both sides, 10 feet minimum on either side. 4 Lots must have frontage on the ordinary high water line and a public street or access easement approved by the hearing examiner. 5 "MP" signifies "master plan." The standards in this section show the standards applicable to development without an approved master plan. Properties in this zone may be developed at a higher urban density lot pattern equivalent to RS-8 but this shall only be permitted in accordance with a duly adopted master plan adopted under the provisions of ECDC 16.20.045. [Ord. 3547 § 1, 2005]. 20 Packet Pg. 314 9.1.b DRAFT ADU CODE UPDATE — 1337 v.10 16.20.040 Site development exceptions. A. Average Front Setback. If a block has residential buildings on more than one-half of the lots on the same side of the block, the owner of a lot on that block may use the average of all the setbacks of the existing residential buildings on the same side of the street as the minimum required front setback for the lot. Detached structures such as garages; carports; and uncovered porches, decks, steps and patios less than 30 inches in height, and other uncovered structures less than 30 inches in height shall not be included in the "average front setback' determination. An applicant for such a determination shall provide a drawing which locates the street property line for the entire block, as well as the existing street setbacks of all buildings required to be used for the purpose of calculating the "average front setback." The drawing shall be prepared and stamped by a land surveyor registered in the state of Washington. B. Eaves and Chimneys. Eaves and chimneys may project into a required setback not more than 30 inches. C. Porches and Decks. Uncovered and unenclosed porches, steps, patios, and decks may project into a required setback not more than one-third of the required setback, or four feet, whichever is less; provided, that they are no more than 30 inches above ground level at any point. D. Reserved. E. Corner Lots. Corner lots have no rear setback; all setbacks other than the street setbacks shall be side setbacks. F. Docks, Piers, Floats. 1. Height. The height of a residential dock or pier shall not exceed five feet above the ordinary high water mark. The height of attendant pilings shall not exceed five feet above the ordinary high water mark or that height necessary to provide for temporary emergency protection of floating docks. 2. Length. The length of any residential dock or pier shall not exceed the lesser of 35 feet or the average length of existing docks or piers within 300 feet of the subject dock or pier. 3. Width. The width of any residential dock or pier shall not exceed 25 percent of the lot width when measured parallel to the shoreline. 21 Packet Pg. 315 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 4. Setbacks. All residential docks or piers shall observe a minimum 10-foot side yard setback from a property line or a storm drainage outfall. joint use docks or piers may be located on the side property line; provided, that the abutting waterfront property owners shall file a joint use maintenance agreement with the Snohomish County auditor in conjunction with, and as a condition of, the issuance of a building permit. joint use docks or piers shall observe all other regulations of this subsection. 5. Number. No lot shall have more than one dock or pier or portion thereof located on the lot. 6. Size. No residential dock or pier shall exceed 400 square feet. 7. Floats. Offshore recreational floats are prohibited. 8. Covered Buildings. No covered building shall be allowed on any residential dock or pier. [Ord. 3845 § 5, 2011; Ord. 3547 § 1, 2005]. 16.20.045 Site development standards - Single-family master plan. A. General. The "single-family -master plan" zone is intended to apply to the area lying along the south side of SR-104 north of 228th Street SW, where there are development constraints related to access and traffic on SR-104. Development in this zone may be approved at RS-12 standards without an approved master plan. An approved master plan is required before any development can occur at RS-8 densities. B. Criteria for Approving a Master Plan. Properties seeking to develop at RS-6 or RS-8 densities shall be developed according to a master plan (such as through a PRD) that clearly demonstrates the following: 1. That access and lot configurations shall not result in additional curb cuts or unmitigated traffic impacts on SR-104; at a minimum, a traffic study prepared by a traffic engineer approved by the city shall clearly demonstrate this requirement. 2. That the configuration and arrangement of lots within the master plan area provide for setbacks on the perimeter of the proposed development that are compatible with the zoning standards applied to adjoining developed properties. For example, a master plan adjoining developed lots in an RS-MP zone that were developed under RS-12 standards 22 Packet Pg. 316 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 shall have RS-12 setbacks along common property lines, although the lot sizes, widths, and other bulk standards may conform to the higher density lot configuration approved through the master plan. [Ord. 3547 § 1, 20051. 16.20.050 Site development standards - Accessory dwelling units) A. General. Accessory dwelling units must meet all of the standards of Chapter 16.20 ECDC except as specifically provided in this section. B. Number of Units. A principal dwelling unit may have two accessory dwelling units in the following configurations: one attached and one detached accessory dwelling units, two attached accessory dwelling units, or two detached accessory dwelling units. C. Table of ADU development standards. V Sub District Maximum ADU Minimum Maximum DADU Minimum Parking Gross Floor Area (Sq. Ft. DADU Rear Hei h Spaces Setback',' RS-20 1,200 25' 24' 0 RS-12 1,200 25' 24' 0 RS-10 1,200 20' 24' 0 RS-8 11000 1013 24' 0 RS- 1,000 10i3 24' 0 IV 1 �No rear Setbacks are required for detached accessory dwelling units from the rear lot line if that lot line abuts a public alley, regardless of detached accessory dwelling unit size; provided that separation from overhead electrical facilities and vehicular sight distance requirements can be met.. 2 Standard street and side setbacks per ECDC 16.20.030 apply. 23 Commented [MCS]: Moving and updating ADU la currently in ECDC 20.21. ADUs are only allowed in si family (RS) zones so it is reasonable to include the A related standards in the RS zoning chapter. At the si time, the standards are being updated to be consist, HB 1337 and best practices. Commented [RH6]: HB 1337 will require gross flc up to 1,000sf. Gross floor area is defined by RCW 36 as "the interior habitable area of a dwelling unit ind basements and attics but not including a garage or a structure." Commented [MC7]: Consistent with HB 1337 Commented [RH8R7]: If there is a garage in the i then the structure may need to be setback to provic site lines. For residential this is currently 5-ft, but or angled walls, step back walls, etc. help achieve sight distance. Packet Pg. 317 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 3 The normally required rear setback may be reduced to a minimum of five feet for a detached accessory dwelling units 15' in height or less. D. Types of Building. A manufactured or modular dwelling unit may be used as an accessory dwelling unit. Detached accessory dwelling units are allowed to be created in existing legally permitted buildings, including detached garages. Legal nonconforming buildings converted for use as an accessory dwelling unit must meet the requirements of 17.40.020(D). E. Driveways. Access to the principal unit and any residential units shall comply with city codes and policies as established by ECDC Title 18. 14 F. Utilities. 1. Utility Access. Occupants of accessory dwelling units and the primary unit must have unrestricted access to utility controls for systems (Including water, electricity, and gas) in each respective unit or in a common area. 2. Water. Only one domestic water service and meter is allowed per parcel to serve the principal unit and each accessory dwelling unit. Private submetering on the property is allowed, but the City is not involved with installing or reading the submeter. B. Sewer. Only one sewer lateral is allowed per parcel to serve the principal unit and each accessory dwelling unit. Separate connections to the main trunk line will not be permitted. 4. Septic System. Refer to ECDC Chapter 18.20. 5. Storm. Refer to ECDC Chapter 18.30. 6. Other Utilities. All new or extended utilities must be undergrounded in accordance with ECDC 18.05.010. 7. Mailboxes. Additional mailboxes may be added for each permitted unit as approved by the Post Office. G. Health and Safety. Accessory dwelling units must comply with all the applicable requirements of the current building codes adopted by ECDC Title 19 and must comply in all respects with the provisions of the Edmonds Community Development Code. Accessory dwelling units will be required to have separate ingress/egress from the principal dwelling unit. 24 Packet Pg. 318 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 H. Previously approved accessory dwelling units. ADUs that were previously approved by the Citv of Edmonds may continue and are not subject to the standards of this subsection. If expansion or modification to an approved unit is proposed. the ADU must come into full compliance with the requirements of this section: 16.20.060 16.20.050 Site development standards - Accessory buildings. A. General. Accessory buildings and structures shall meet all of the standards of ECDC 16.20.030 except as specifically provided in this section. B. Height. Height shall be limited to 15 feet, except for amateur radio transmitting antennas and their supporting structures. Garages or other accessory buildings attached by a breezeway, hallway, or other similar connection to the main building which results in a separation exceeding 10 feet in length may not exceed the 15-foot height limit. The separation shall be determined by the minimum distance between the outside walls of the main building and accessory building, exclusive of the connecting structure. C. Rear Setbacks. The normally required rear setback maybe reduced to a minimum of five feet for accessory buildings covering less than 600 square feet of the site. D. Satellite Television Antenna. A satellite television antenna which measures greater than one meter or 1.1 yards in diameter shall comply with the following regulations: 1. General. Satellite television antennas must be installed and maintained in compliance with the Uniform Building and Electrical Codes as the same exist or are hereafter amended. A building permit shall be required in order to install any such device. 2. Setbacks. In all zones subject to the provisions contained herein, a satellite television antenna shall be located only in the rear yard of any lot. In the event that no usable satellite signal can be obtained in the rear lot location or in the event that no rear lot exists as in the case of a corner lot, satellite television antennas shall then be located in the side yard. In the event that a usable satellite signal cannot be obtained in either the rear or side yard, then a roof -mounted location may be approved by the staff, provided, however, that any roof -mounted satellite antenna shall be in a color calculated to blend in with existing roof materials and, in the case of a parabolic, spherical or dish antenna, shall not exceed nine 25 Packet Pg. 319 9.1.b DRAFT ADU CODE UPDATE — 1337 v.10 feet in diameter unless otherwise provided for by this section. In no event shall any roof - mounted satellite television antenna exceed the maximum height limitations established by this section. 3. Aesthetic. Satellite television antennas shall be finished in a nongarish, nonreflective color and surface which shall blend into their surroundings. In the case of a parabolic, spherical or dish antenna, said antenna shall be of a mesh construction. No commercial advertising of any kind shall be displayed on the satellite television antenna. 4. Size and Height. Maximum size for a ground -mounted parabolic, spherical or dish antenna shall be 12 feet in diameter. No ground -mounted antenna shall be greater than 15 feet in height unless otherwise approved for waiver as herein provided. The height of roof - mounted satellite television antennas shall not exceed the lesser of the height of the antenna when mounted on a standard base provided by the manufacturer or installer for ordinary operation of the antenna or the height limitation provided by the zoning code. 5. Number. Only one satellite television antenna shall be permitted on any residential lot or parcel of land. In no case shall a satellite television antenna be permitted to be placed on wheels or attached to a portable device for the purpose of relocating the entire antenna on the property in order to circumvent the intentions of this section. E. Amateur Radio Antennas. 1. The following applications for the following approvals shall be processed as a Type II development project permit application (see Chapter 20.01 ECDC): a. Requests to utilize an amateur radio antenna dish which measures greater than one meter or 1.1 yards in diameter; b. Requests to utilize an antenna which: i. Would be greater than 12 feet in height above the principal building on a site. The height of the antenna shall be determined by reference to the highest point of the roof of the principal building, exclusive of the chimney or other roof -mounted equipment. The request to locate a 12-foot antenna on a building is limited to buildings whose height conforms to the highest limit of the zone in which the building is located. 26 Packet Pg. 320 9.1.b DRAFT ADU CODE UPDATE — 1337 v.10 ii. Would exceed the height limit of the zone when mounted on the ground or on any accessory structure (see subsection (E)(2)(d) of this section). 2. The application shall comply with the following regulations: a. Definition. "Amateur radio antenna" means an antenna, or any combination of a mast or tower plus an attached or mounted antenna, which transmits noncommercial communication signals and is utilized by an operator licensed by the Federal Communications Commission. Guy wires for amateur radio antennas are considered part of the structure for the purpose of meeting development standards. b. General. Amateur radio antennas must be installed and maintained in compliance with the Uniform Building and Electrical Codes, as the same exist or are hereafter amended. A building permit shall be required to install an amateur radio antenna. c. Location. Amateur radio antennas maybe ground- or roof -mounted, however, these devices shall: i. Be located and constructed in such a manner as to reasonably ensure that, in its fully extended position, it will not fall in or onto adjoining properties; ii. Not be located within any required setback area; and iii. Be retracted in inclement weather posing a hazard to the antenna. d. Height. The height of a ground -mounted tower or roof -top antenna may not exceed the greater of the height limit applicable to the zone or 65 feet when extended by a telescoping or crank -up mechanism unless an applicant obtains a waiver (see subsection (F) of this section). i. Only telescoping towers may exceed the height limits established by subsection (E)(1)(b) of this section. Such towers shall comply with the height limit within the applicable zone and may only exceed the height limit of the applicable zone and/or 65-foot height limit when extended and operating and if a waiver has been granted. ii. An antenna located on a nonconforming building or structure which exceeds the height limit of the zone in which it is located shall be limited to height limit of the zone plus 12 feet. 27 Packet Pg. 321 9.1.b DRAFT ADU CODE UPDATE — 1337 v.10 e. Aesthetic. To the extent technically feasible and in compliance with safety regulations, specific paint colors may be required to allow the tower to blend better with its setting. F. Technological Impracticality - Request for Waiver. 1. The owner, licensee or adjacent property owner may apply for a waiver if: a. Strict application of the provisions of this zoning code would make it impossible for the owner of a satellite television antenna to receive a usable satellite signal; b. Strict application of the provisions of this zoning code would make it impossible for the holder of any amateur radio license to enjoy the full benefits of an FCC license or FCC protected right; or c. An adjacent property owner or holder of an FCC license or right believes that alternatives exist which are less burdensome to adjacent property owners. 2. The request for waiver shall be reviewed by the hearing examiner as a Type III -A decision and may be granted upon a finding that one of the following sets of criteria have been met: a. Technological Impracticality. i. Actual compliance with the existing provisions of the city's zoning ordinance would prevent the satellite television antenna from receiving a usable satellite signal or prevent an individual from exercising the rights granted to him or her by the Federal Communications Commission (FCC) by license, law or FCC regulation; or ii. The alternatives proposed by the property owner or licensee constitute the minimum necessary to permit acquisition of a usable satellite signal by a satellite television antenna or to exercise the rights granted pursuant to a valid FCC license, law or FCC regulation. b. Less Burdensome Alternatives. The hearing examiner is also authorized to consider the application of adjacent property owners for a waiver consistent with the provisions of subsection (F)(1)(c) of this section without the requirement of a finding that a usable satellite signal cannot be acquired when the applicant or adjacent property owner(s) 28 Packet Pg. 322 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 establish that the alternatives proposed by the applicant are less burdensome to the adjacent property owners than the requirements which would otherwise be imposed under this section. For example, adjacent property owners may request alternative or additional screening or the relocation of the antenna on the licensee's property. In the interactive process described in subsection (F)(3) of this section, the hearing examiner shall attempt to balance the impact of the tower on the views of adjacent properties, as well as the impacts of alternative screening and relocation in order to equitably distribute any negative impacts among the neighbors while imposing reasonable conditions on the antenna, its location and screening that do not impair the rights granted by the FCC to the licensee. 3. The process shall be an interactive one in which the hearing examiner works with the licensee to craft conditions which place the minimum possible burden on adjacent property owners while permitting the owner of the satellite antenna or holder of an amateur radio license to fully exercise the rights which he or she has been granted by federal law. For example, the number of antennas and size of the array shall be no greater than that necessary to enjoy full use of the FCC license. Conditions may include but are not limited to requirements for screening and landscaping, review of the color, reflectivity and mass of the proposed satellite television antenna or amateur radio facilities, and other reasonable restrictions. Any restriction shall be consistent with the intent of the city council that a waiver to the antenna owner be granted only when necessary to permit the satellite television antenna to acquire usable satellite signal or to allow the licensee to exercise the rights granted by Federal Communications Commission license after consideration of aesthetic harmony of the community. The process employed should involve the interaction of the licensee or owner and the neighborhood. Certain issues have been preempted by federal law and shall not be considered by the hearing examiner. Such issues include, but are not limited to, the impacts of electromagnetic radiation, the potential interference of the amateur radio facility with electronic devices in the neighborhood and any other matter preempted by federal law or regulation. Impact on view and on the values of neighboring properties may be considered in imposing reasonable conditions but shall not be a basis for denial of a permit to construct the antenna. 4. The application fee and notification for consideration of the waiver by an owner of a satellite television antenna shall be the same as that provided for processing a variance. No fee shall be charged to the holder of a valid FCC amateur radio license. 29 Packet Pg. 323 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 5. In the event that an applicant for waiver is also obligated to undergo architectural design review, the architectural design board shall defer any issues relating to the antenna and/or other amateur radio equipment to the hearing examiner. The hearing examiner may, at his or her discretion, request the architectural design board review and comment regarding required screening and landscaping and its integration into sight and landscaping plans. No additional fee shall be required of the applicant upon such referral. G. The provisions of subsections (D), (E) and (F) of this section shall be interpreted in accordance with the regulations of the Federal Communications Commission including but not limited to PRE-1. In the event of ambiguity or conflict with any of the apparent provisions of this section, the provisions of federal regulations shall control. [Ord. 3736 §§ 8, 9, 2009; Ord. 3728 § 3, 2009; Ord. 3547 § 1, 2005]. 117I.40.020 Nonconforming building and/or structure. A. Definition. A nonconforming building is one which once met bulk zoning standards and the site development standards applicable to its construction, but which no longer conforms to such standards due to the enactment or amendment of the zoning ordinance of the city of Edmonds or the application of such ordinance in the case of a structure annexed to the city. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed afterjanuary 1, 1981, then the date shall be that of the effective date of the annexation of the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. B. Continuation. A nonconforming building or structure may be maintained and continued, unless required to be abated elsewhere in this chapter or section, but it may not be changed or altered in any manner which increases the degree of nonconformity of the building except as expressly provided in subsections (C) through-(J)@ of this section. C. Historic Buildings and Structures. Nothing in this section shall prevent the full restoration by reconstruction of a building or structure which is either listed on the National Register of Historic Places, the Washington State Register of Historic Places, the Washington State Cultural Resource Inventory, or the Edmonds Register of Historic Places, or is listed in a council - approved historical survey meeting the standards of the State Department of Archaeology and Historic Preservation. "Restoration" means reconstruction of the historic building or structure 30 Commented [HR9]: Per HB 1337, a city or a coun allow detached accessory dwelling units to be convE from existing structures, including but not limited tc detached garages, even if they violate current code requirements for setbacks or lot coverage Packet Pg. 324 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 with as nearly the same visual design appearance and materials as is consistent with full compliance with the State Building Code and consistent with the requirements of Chapter 20.45 ECDC, Edmonds Register of Historic Places. The reconstruction of all such historic buildings and structures shall comply with the life safety provisions of the State Building Code. D. Maintenance and Alterations. 1. Ordinary maintenance and repair of a nonconforming building or structure shall be permitted. 2. Solar Energy Installations on Buildings That Exceed Existing Height Limits. A rooftop solar energy installation mounted on a nonconforming building that exceeds the existing height limit may be approved as a Type II staff decision if: a. The installation exceeds the existing roof height by not more than 36 inches. b. The installation is designed and located in such away as to provide reasonable solar access while limiting visual impacts on surrounding properties. 3. Alterations which otherwise conform to the provisions of the zoning ordinance, its site development and bulk standards, and which do not expand any nonconforming aspect of the building, shall be permitted. 4. In an effort to provide modular relief, minor architectural improvements in commercial and multifamily zones may encroach into the nonconforming setback adjacent to an access easement or public right-of-way not more than 30 inches. Minor architectural improvements may also be permitted in nonconforming side or rear yard setbacks only if they intrude not more than 30 inches nor one-half of the distance to the property line, whichever is less. "Minor architectural improvements" are defined as and limited to bay windows, eaves, chimneys and architectural detail such as cornices, medallions and decorative trim. Such improvements shall be required to obtain architectural design review. Nothing herein shall be interpreted to exempt such improvements in compliance with the State Building and Fire Codes. 5. Alterations required by law or the order of a public agency in order to meet health and safety regulations shall be permitted. E. Relocation. Should a nonconforming building or structure be moved horizontally for any reason for any distance, it shall thereafter come into conformance with the setback and lot 31 Packet Pg. 325 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 coverage requirements for the zone in which it is located. Provided, however, that a building or structure may be moved on the same site without full compliance if the movement reduces the degree of nonconformity of the building or structure. Movement alone of a nonconforming building or structure to lessen an aspect of its nonconformity shall not require the owner thereof to bring the building or structure into compliance with other bulk or site development standards of the city applicable to the building or structure. F. Restoration. 1. If a nonconforming building or structure is destroyed or is damaged in an amount equal to 75 percent or more of its replacement cost at the time of destruction, said building shall not be reconstructed except in full conformance with the provisions of the Edmonds Community Development Code. Determination of replacement costs and the level of destruction shall be made by the building official and shall be appealable as a Type II staff decision under the provisions of Chapter 20.06 ECDC. Damage of less than 75 percent of replacement costs may be repaired, and the building returned to its former size, shape and lot location as existed before the damage occurred, if, but only if, such repair is initiated by the filing of an application for a building permit which vests as provided in ECDC 19.00.025(G) et seq. within 18 months of the date such damage occurred. The director may grant a one-time extension of up to 180 days if a written extension request has been received from the applicant prior to the expiration of the initial 18 months. 2. Residential Buildings. Existing nonconforming buildings in use solely for residential purposes, or structures attendant to such residential use, may be reconstructed without regard to the limitations of subsections IEl and a of this section, if, but only if, the following conditions are met: a. If a nonconforming multifamily residential building or a mixed use building containing multiple residential units is damaged in excess of 75 percent of its replacement cost at the time of destruction, the building may be restored to the same density, height, setbacks or coverage as existing before the destruction or damage occurred if, but only if, an application for a building permit which vests as provided in ECDC 19.00.025(G) et seq. is filed within 18 months of the date the damage occurred. The director may grant a one-time extension of up to 180 days if a written extension request has been received from the applicant prior to the expiration of the initial 18 months. 32 Packet Pg. 326 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 b. All provisions of the State Building and Electrical Codes can be complied with entirely on the site. No nonconforming residential building may be remodeled or reconstructed if, by so doing, the full use under state law or city ordinance of a conforming neighboring lot or building would be limited by such remodel or reconstruction. c. These provisions shall apply only to the primary residential use on site and shall not apply to nonconforming accessory buildings or structures. d. A nonconforming residential single-family building maybe rebuilt within the defined building envelope if it is rebuilt with materials and design which are substantially similar to the original style and structure after complying with current codes. Substantial compliance shall be determined by the city as a Type II staff decision. The decision of the hearing examiner shall be final and appealable only as provided in ECDC 20.06.150. 3. The right of restoration shall not apply if: a. The building or structure was damaged or destroyed due to the unlawful act of the owner or the owner's agent; b. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or owner's agents; or c. The building was demolished for the purpose of redevelopment. G. Accessory Dwelling Units. A preexisting nonconforming detached accessory building may be converted into an accessory dwelling unit provided it meets the standards in ECDC 16.20.050(F) and G . -Minor exterior modifications required for conversion into conditioned space or other minor exterior modifications required by the International Residential Code adopted by ECDC Title 19 may be permitted. 'Minor exterior modifications' include, but are not limited to, egress windows, exhaust vents, and other minor modifications that are required for health and safety as determined by the Building Official. G- H. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date 33 Packet Pg. 327 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 shall be that of the effective date of the annexation to the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. k-l. BD5 Zone. The BIDS zone was created in part to encourage the adoption and reuse of existing residential structures for live/work and commercial use as set forth in ECDC 16.43.030(B)(5). In the BIDS zone, conforming and nonconforming buildings may be converted to commercial or other uses permitted by ECDC 16.43.020 without being required to come into compliance with the ground floor elevation requirements of ECDC 16.43.030(B). 1—LThe antenna and related equipment of a nonconforming wireless communication facility may be completely replaced with a new antenna and related equipment; provided, that, upon replacement, the applicant shall use the best available methods and materials to enhance the appearance of the antenna and related equipment and/or screen it from view in a manner that improves the visual impact or the conspicuity of the nonconformity. [Ord. 4154 § 6 (Att. D), 2019; Ord. 4151 § 2 (Att. A), 2019; Ord. 3961 § 3, 2014; Ord. 3866 § 2, 2011; Ord. 3781 § 1, 2010; Ord. 3736 §§ 13, 14, 2009; Ord. 3696 § 1, 2008]. 34 Commented [MC101: Old code that is no longer part of this update. Packet Pg. 328 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 2n 17.40.030 Nonconforming lots. A. Definition. A nonconforming lot is one which met applicable zoning ordinance standards as to size, width, depth and other dimensional regulations at the date on which it was created but which, due to the passage of a zoning ordinance, the amendment thereof or the annexation of property to the city, no longer conforms to the current provisions of the zoning ordinance. A lot which was not legally created in accordance with the laws of the local governmental entity in which it was located at the date of the creation is an illegal lot and will not be recognized for development. B. Continuation. A nonconforming lot maybe developed for any use allowed by the zoning district in which it is located, even though such lot does not meet the size, width, depth and other dimensional requirements of the district, so long as all other applicable site use and development standards are met or a variance from such site use or development standards has been obtained. In order to be developed a nonconforming lot must meet minimum lot size standards established by the provisions of this code, subject to the provisions of subsection u of this section. C. Combination. If, since the date on which it became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is to be and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of the Edmonds Community Development Code, except as specifically provided in subsection u of this section. D. Exception for5ingle-Family Dwelling Units. An applicant may build one single-family residence, and accessory dwelling units as permitted in ECDC 16.20.050, on a lot or parcel regardless of the size of the lot or parcel if, but only if, one of the following exceptions applies: 1. In an RS zone, such nonconforming lot may be sold or otherwise developed as any other nonconforming lot pursuant to the following conditions and standards: 35 Packet Pg. 329 9.1.b DRAFT ADU CODE UPDATE — 1337 v.10 a. The lot area of the nonconforming lot is not less than the minimum lot area specified in the table below for the zoning district in which the subject property is located; and b. Community facilities, public utilities and roads required to serve the nonconforming lot are available concurrently with the proposed development; and c. Existing housing stock will not be destroyed in order to create a new buildable lot. Lot Area Table Lot Sized Needed Needed Zone for for Legal Legal Lot Lot (1) RS-20 60% 12,000 (2) RS-12 70% 8,400 (3) IRS-1 0 75% 7,500 (4) RS-8 80% 6,400 (5) RS-6 90% 5,400 2. An applicant applies for necessary permits to construct the unit within five years of the date the lot or parcel was annexed into the city and the lot or parcel was lawfully created under provisions of Snohomish County subdivision and zoning laws as well as the laws of the state of Washington; or 3. An applicant may remodel or rebuild one residence on a nonconforming lot without regard to the 75 percent destruction requirement of ECDC 17.40.020(F) if a fully completed 36 Packet Pg. 330 9.1.b DRAFT ADU CODE UPDATE — 1337 v.10 building permit application is submitted within one year of the destruction of the residence and all other development requirements of this code are complied with; or 4. The lot lines defining the lot or parcel were recorded in the Snohomish County recorder's office prior to December 31, 1972, and the lot or parcel has not at any time been simultaneously owned by the owner of a contiguous lot or parcel which fronts on the same access right-of-way subsequent to December 31, 1972, and the lot or parcel has access to an access right-of-way which meets the minimum requirements established by this code. [Ord. 3696 § 1, 2008]. 17.50.020 Parking space requirements. [Refer to ECDC 17.50.010(C) and 17.50.070 for standards relating to the downtown business area.] A. Residential. 1. Single-family and multifamily. a. Single-family dwellings: two spaces per principal dwelling unit, except: b. Multiple residential according to the following table: Required parking Type of multiple spaces per dwelling dwelling unit unit Studio 1.2 1 bedroom 1.5 2 bedrooms 1.8 37 Packet Pg. 331 9.1.b DRAFT ADU CODE UPDATE — 1337 v.10 Required parking Type of multiple spaces per dwelling dwelling unit unit 3 or more 2.0 bedrooms 2. Boarding house: one space per bed. 3. Rest home, nursing home, convalescent home, residential social welfare facilities: one space per three beds. B. Business. 1. Retail stores, including art galleries, convenience stores, department stores, discount stores, drug stores, grocery stores, supermarkets: one space per 300 square feet; 2. Furniture, appliances, and hardware stores: one space per 600 square feet; 3. Services uses, including barber shops, beauty shops, dry cleaners, laundries, repair shops: one space per 600 square feet; 4. Medical, dental and veterinarian offices, banks and clinics: one space per 200 square feet; 5. Business and professional offices with on -site customer service: one space per 400 square feet; 6. Offices not providing on -site customer service: one space per 800 square feet; 7. Bowling alley: four spaces per bowling lane; 8. Commercial recreation: one space per 500 square feet, or one space for each customer allowed by the maximum permitted occupant load; 9. Car repair, commercial garage: one space per 200 square feet; 38 Packet Pg. 332 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 10. Drive-in restaurants, automobile service station, car dealer, used car lot: one space per 500 square feet of lot area; 11. Restaurant, tavern, cocktail lounge: if less than 4,000 square feet floor area, one per 200 square feet gross floor area; if over 4,000 square feet floor area, 20 plus one per 100 square feet gross floor area in excess of 4,000 square feet; 12. Plant nurseries (outdoor retail area): one space per five square feet of outdoor retail area; 13. Motels and hotels: one space per room or unit; 14. Retail warehouse, building materials yard: one space per 1,000 square feet of lot area or one per three employees; 15. Manufacturing, laboratories, printing, research, automobile wrecking yards, kennels: one space per two employees on largest shift; 16. Mortuary: one space per four fixed seats or per 400 square feet of assembly area, whichever is greater; 17. Marina: to be determined by the hearing examiner, using information provided by the applicant, and the following criteria: a. The type of storage facility (moorage, dry storage, trailer parking) and intended use (sailboats, fishing boats, leisure boats), b. The need to accommodate overflow peak parking demand from other uses accessory to the marina, c. The availability and use of public transit; 18. Storage warehouse: one space per employee; 19. Wholesale warehouse: one space per employee; 20. Adult retail store: one space per 300 square feet; 21. Sexually oriented business (except adult retail store): one space for each customer allowed by the maximum permitted occupant load. 39 Packet Pg. 333 9.1.b DRAFT ADU CODE UPDATE — 1337 v.10 C. Community Facilities. 1. Outdoor places of public assembly, including stadiums and arenas: one space per eight fixed seats, or per 100 square feet of assembly area, whichever is greater; 2. Theaters: one space per five seats; 3. Indoor places of public assembly, including churches, auditoriums: one space per four seats or one space per 40 square feet of assembly area, whichever is greater; 4. Elementary schools, junior high schools, boarding schools (elementary through senior high), residential colleges and universities: six spaces per classroom, or one space per daytime employee, whichever is greater; 5. Nonresidential colleges and universities: one space per daytime employee; 6. High schools (senior): one space per daytime employee; 7. Museums, libraries, art galleries: one space per 250 square feet; 8. Day-care centers and preschools: one space per 300 square feet, or one per employee, plus one per five students, whichever is larger; 9. Hospitals: three spaces per bed; 10. Maintenance yard (public or public utility): one space per two employees. D. Electric Vehicle (EV) Charging Infrastructure Parking Standards. See Chapter 17.115 ECDC for parking standards relating to electric vehicle (EV) charging infrastructure. [Ord. 4251 § 2 (Exh. A), 2022; Ord. 3496 § 2, 2004]. 20.01.003 Permit type and decision framework. A. Permit Types. go] Packet Pg. 334 9.1.b DRAFT ADU CODE UPDATE— 1337 v.10 TYPE III - TYPE I TYPE II -A TYPE II-B TYPE III -A TYPE IV TYPE V B Zoning 4esser Contingent Essential Site specific complianc dwel"iRg WRi critical area public rezone review facilities e letter Lot line Formal Shoreline Technological Development Zoning text adjustment interpretatio substantial impracticality agreements amendment; n of the text development waiver for area -wide of the ECDC permit, amateur zoning map by the where public radio amendments director hearing not antennas required per ECDC 24.80.100 41 Commented [MCI 1]: ADUs will no longer require conditional use permit but rather only a building pe similar to a single family residence. Commented [MCI 2]: Moved to ECDC 16.20 and consistent with HB 1337 and best practices Packet Pg. 335 9.1.b DRAFT ADU CODE UPDATE -1337 v.10 42 Packet Pg. 336 9.1.b DRAFT ADU CODE UPDATE -1337 v.10 43 w 0 0 0 N O N G a CL 4) 0 t� a� c Z 3 0 0 N d V V a 0 m 0 L t 4) 1 �L U) 4) Nd LL F- LL 0 a Packet Pg. 337 9.1.b DRAFT ADU CODE UPDATE -1337 v.10 44 w 0 0 0 N O N G a CL 4) 0 t� a� c Z 3 0 0 N d V V a 0 m 0 L t 4) 1 �L U) 4) Nd LL F- LL 0 a Packet Pg. 338 9.1.b DRAFT ADU CODE UPDATE - 1337 v.10 45 Packet Pg. 339 9.1.b DRAFT ADU CODE UPDATE - 1337 v.10 20.35.020 Applicability. A. Planned residential developments (PRDs) may be located in any residential zone of the city Uses permitted in the PRD shall be governed by the use regulations of the underlying zoning classification. 1. PRDs in single-family zones shall be comprised of detached dwelling units on individual lots, and any appurtenant common open space, recreational facilities or other areas or facilities. a. The PRD process is not available to single-family lots that are incapable of further subdivision. b. The PRD process shall not be used to reduce any bulk or performance standard not specifically referenced herein. Bulk standards not referenced may be varied only in accordance with Chapter 20.85 ECDC, Variances, or through the modification provision provided through the subdivision process as outlined in Chapter 20.75 ECDC. B. Property included in a PRD application must be under the ownership of the applicant, or the applicant must be authorized pursuant to a durable power of attorney or other binding contractual authorization in a form which may be recorded in the land records of Snohomish County to process the application on behalf of all other owners. C. Accessery dwelling knits and h Home use occupations restricted by ECDC 20.20.010(B) shall not be permitted within a PRD. [Ord. 3465 § 1, 2003]. 21.05.015 Accessory dwelling unit, attached. An attached accessory dwelling unit iss a stru ct� ire attached- to Or Cn n-str ICter� ,., thin a ogle_ farnH dwelling (ADU) is a subordinate dwelling unit added to, created within, or detached from a principal dwelling unit, providing independent living facilities that include permanent provisions for livid sleeping, eating, cooking and sanitation. Accessory dwelling unit does not include recreational vehicles or mobile homes. which has living facilities for one individual or family separate fi:om the primary single family qEbg"clwelling,�� including at least, but no limited to a kitchen bathroom and sleeping ouarters 4n 4rll I Shall not hove its o ailbov 46 Commented [MC13]: The PRD code currently prc ADUs. That restriction is proposed to be eliminated PRD is just another type of single family residential subdivision. As long as the PRD lot can meet the AD requirements proposed in ECDC 16.20.050, it could ADU. Commented [MCI 4]: Consistent with RCW 36.70 Packet Pg. 340 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 water meter, gas meter, and all garbage must be kept within a screened area in. common to thp ngiefamHy hnrRe [Ord. 3294 § 2, 2000]. 21.20.050 Dwelling unit. Dwelling unit means a residential living unit that provides complete independent living facilities building, Gr nr*inn thereof nyidin Gernplete housekeeping faGW#ec for one -or more persons fan;4y, which includes permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling unit does not include recreation vehicles or mobile homes. (See also, Multiple Dwelling Unitsand Parnily.) [Ord.4260 § 3 (Exh. A), 2022]. 21.30.010 Family. A. Family means individuals related or unrelated by genetics, adoption, or marriage living in a dwelling unit. B. The term "family" shall include: State licensed adult family homes required to be recognized as residential use pursuant to Chapter 70.128 RCW; 2. State licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to the exclusion of subsection u of this section; 3. Group homes for the disabled required to be accommodated as residential uses pursuant to the Fair Housing Act amendments as the same exists or is hereafter amended. C. The term "family" shall exclude individuals residing in halfway houses, crisis residential centers as defined in RCW 74.15.0200)(c), group homes licensed forjuvenile offenders, or other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel. 47 00 0 0 0 M N O N i 4) 10 Q Commented [MCI 5]: Consistent with RCW 36.7a of O 3 G q O N m a Packet Pg. 341 9.1.b DRAFT ADU CODE UPDATE —1337 v.10 D. E—Nothing herein shall be interpreted to limit normal hosting activities associated with residential use. [Ord. 4260 § 4 (Exh. A), 2022; Ord. 3571 § 1, 2005; Ord. 3184 § 1, 1998]: 21.35.013 Gross Floor Area. An interior habitable area of an accessory dwelling unit, including basements and attics but not including unconditioned space, such as a garage or non -habitable accessory structures. L2'A1.80.075 Principal dwelling unit) Primary housing unit located on the same lot as an accessory dwelling unit. 21.90.080 Single-family dwelling (unit). Single-family dwelling (and single-family dwelling unit) means a detached building configured as described herein and occupied or intended to be occupied by one family, limited to one per lot. A single-family dwelling shall be limited to one mailbox, electric meter, gas meter, and water meter. It will also have common access to and common use of all living, kitchen, and eating areas within the dwelling unit. An „ ditic4nal mailbox can he added to the let if atassociated .o�rrinn:rmrerrr:srtarari�ryMEW ���rrm 48 Commented [RH16]: Consistent with RCW 36.70, Commented [RH17]: Consistent with RCW 36.70, w 0 0 0 N O N i 4) �a Q M O O 3 a Packet Pg. 342 9.1.c MEMORANDUM To: Edmonds City Councilmembers & Mayor Rosen From: Edmonds Planning Board Date: 5/14/24 CC: Edmonds Planning Board, and Planning and Development Staff Re: ADU/DADU Code — Planning Board Recommendation The Edmonds Planning Board is pleased to present this memorandum summarizing our recommendation for revising Edmonds code for Attached Dwelling (ADU) and Detached Accessory Dwelling Unit (DADU) development. The recommendation takes into consideration requirements established by law through HB 1337 that cities must allow for ADU/DADU construction in currently zoned single family residential areas (RS zones) starting by2025.Our recommendation is to adopt code that aligns with HB 1337 ahead of the required timeline, to provide clear and objective guidance for those wishing to build an ADU/DADU. Meetings & Discussion: The Planning Board met and discussed the ADU/DADU code update six times between December 2023 and April 2024 including holding one Public Hearing on February 28, 2024. The meeting dates included: Planning Board Introduction — December 13, 2023 Planning Board Discussion 1 —January 10, 2024 Planning Board Discussion 2 — January 24, 2024 Planning Board Public Hearing — February 28, 2024 Planning Board Discussion 3—April 10, 2024 Planning Board Discussion & Recommendation —April 24, 2024 Citizen Input: Residents expressed general support for ADUs and DADUs to the Planning Board, although there were some that opposed HB1337 having been passed to begin with and requested that compliance with HB1337 be as restrictive as possible. Most concerns were about specific provisions of the code, with the majority being about the height of ADU's/DADU's and parking, and some about overall square footage. Those who expressed concerns about ADU/DADU height wanted lower heights than the law required, and less square footage than the original staff proposal of 1200 sq ft in all single family residential (RSRS) zones. There was mixed input on regarding parking. There were requests for requiring additional off-street parking spaces beyond the two spaces already required for single-family parcels, based on a concern that allowing additional housing without additional off-street parking will lead to increased on -street parking. There were opposing requests to not require any additional off-street parking, based on a concern about the environmental harm of increased impervious surfaces, and a desire to move away from car -oriented development. Packet Pg. 343 9.1.c Recommendation: The Planning Board recommendation addresses specific areas in which Edmonds can add, modify, and/or clarify elements of the ADU/DADU code that are in compliance with HB 1337, but not more restrictive than the development codes regulating the principal unit, and while promoting development consistent with the Edmonds Vision Statement and Comprehensive Plan. 1. Size Limitations and Setbacks —While HB 1337 sets the maximum size limitation at no less than 1,000 sq ft, the original staff recommendation was for 1200 sq ft in all RS zones. Staff modified that recommendation in response to the Planning Board discussion to allow for the 1200 sq ft maximum only in the larger sub districts of the RS zone. The Planning Board agrees this is appropriate for RS-10, RS-1 2, and RS-20 zoned parcels. For setbacks, the Planning Board recommends maintainingthe same setbacks for DADUs as are required for RS zone principal units, except for reducing the setbacks for DADUs with a building height of 15' or less. Recommended Table of ADU Development Standards: Sub District Maximum ADU Gross Floor Area (Sq. Ft.) Minimum DADU Rear Setback'•' Maximum DADU Height RS-20 1200' 25" 24' RS-12 1200' 25" 24' RS-10 1200' 20" 24' RS-8 1000' 1514 24' RS-6 1000' 1514 24' ' No rear setbacks are required for detached accessory dwelling units from the rear lot line if that lot line abuts a public alley, regardless of detached accessory dwelling unit size per HB 1337. 2 Standard Street and side setbacks per ECDC 16.20.030 apply. 'The normally required rear setback may be reduced to a minimum of fifteen feet for a detached accessory dwelling units 15' in height or less. 4 The normally required rear setback may be reduced to a minimum of five feet for a detached accessory dwelling units 15' in height or less. Rationale: By allowing a reduced rear setback in exchange for shorter building heights, the Planning Board felt this would open development opportunity on smaller or awkwardly shaped lots, without imposing on the neighboring properties. Responding to input for shorter DADU heights, this was intended to inspire more one story DADUs. 2. Parking — On lots with more than one (1) accessory dwelling unit, there shall be one (1) off- street parking space provided unless the property is located within one- half -mile of a major transit stop, as defined in RCW 36.70A.696(8) Packet Pg. 344 9.1.c Rationale: The Planning Board received differing viewpoints from residents regarding requiring parking for ADU/DADUs. While understanding the concern of not having enough parking, ADUs may be occupied by people who do not own cars and therefore requiring parking would be an added expense without benefit to those individuals. In addition, requiring parking will increase impervious surfaces and create additional stormwater runoff. We felt this recommendation offered a compromise as the current requirement for two parking spaces for the principal dwelling allowed for one space for the main dwelling and one for an ADU or DADU. 3. Impact Fees -The Planning Board feels Impact fees are necessaryfor Edmonds to accommodate the growth anticipated with HB 1337. The Planning Board recommends requiring street and park impact fees at 50% of the amounts imposed on single family development and does not believe this will deter ADU/DADU development. 4. Utilities -Initially the Planning board was presented information regarding utility connections. However, we agreed during our April 24, 2024 meeting that decisions regarding utilities were outside the purview of the Planning Board. Packet Pg. 345 9.1.d Haas, Rose From: notification@civiclive.com Sent: Thursday, April 25, 2024 8:21 AM To: Haas, Rose Subject: Comments 2024-04-25 08:20 AM(MST) Submission Notification Comments 2024-04-25 08:20 AM(MST) was submitted by Guest on 4/25/2024 11:20:31 AM (GMT-07:00) US/Arizona Name Value textarea-1700597715163-OWould like ADUs to be used as rentals. To view this form submission online, please follow the link below: https://edmondswa.gov/form/one.aspx?objectld=20237962&contextld=l 9931715&returnto=submissio ns Packet Pg. 346 9.1.d Haas, Rose From: notification@civiclive.com Sent: Friday, May 10, 2024 2:47 PM To: Haas, Rose Subject: Comments 2024-05-10 02:47 PM(MST) Submission Notification Comments 2024-05-10 02:47 PM(MST) was submitted by Guest on 5/10/2024 5:47:16 PM (GMT-07:00) US/Arizona Name Value I have two high schoolers and when they talk about the future it's entirely negative. They blame the generations before them for ruining their chances to ever own a home and save for retirement. They're bewildered by the statistics they're fed showing >50% of their pay will be going to housing. I believe DADUs create opportunities for families to stay close, both young and old, to feel safe and supported. Recently I met a grandmother who had textarea-1700597715163-0 moved into a DADU her son had delivered onto his property in nearby Esperance. She was gleaming with pride to have her own place. She felt close enough to be able to help with her grandchildren and have her son nearby in case she ever felt unsafe. But at the same time far enough away that she still felt independent. I can envision a similar scenario for my children, and possibly my future housing choices. This policy change may densify our community but it will also create opportunities that otherwise would not be available. Yes on DADUs. To view this form submission online, please follow the link below: https://edmondswa.gov/form/one.aspx?objectld=20267884&contextld=l 9931715&returnto=submissio ns Packet Pg. 347 9.1.d From: Sent: To: Subject: notification@civiclive.com Saturday, April 27, 2024 2:39 AM Haas, Rose Comments 2024-04-27 02:39 AM(MST) Submission Notification Comments 2024-04-27 02:39 AM(MST) was submitted by Guest on 4/27/2024 5:39:25 AM (GMT-07:00) US/Arizona Name Value textarea-1700597715163-0 https://youtubelom/shorts/n5akn4sarPg?si=Px_06x5s63ga- EQ20This is what edmonds would look like To view this form submission online, please follow the link below: https://edmondswalov/form/oneM3spx?objectld=20244164&contextld=l 9931715&returnt o=submissions Packet Pg. 348 9.1.d From: Sent: To: Subject: notification@civiclive.com Saturday, April 27, 2024 10:04 AM Haas, Rose Comments 2024-04-27 10:03 AM(MST) Submission Notification Comments 2024-04-27 10:03 AM(MST) was submitted by Guest on 4/27/2024 1:03:47 PM (GMT-07:00) US/Arizona Name Value I have lived in Edmonds for over 10 years now, so probably more of a new comerMl really like this proposal and sincerely hope it passesOThere are a lot of opportunities to help the housing in the area, and this is a good first step0l would also textarea-1700597715163-0 like to see if get easier to build some of the mid -density housing like duplexes and quad-plexes to help incrementally increase housing availability without going to high rise apartmentsM To view this form submission online, please follow the link below: https://edmondswa3!ov/form/onelbspx?objectld=20244324&contextld=19931715&returnt o=submissions Packet Pg. 349 9.1.e Accessory Dwelling Unit Code Update AMD2023-0008 Council Study Session March 5, 2024 A Pg. 350 9.1.e The presentation will address the following: G Background G House Bill 1337 and Best Practices O Current ADU Policy in Edmonds OP Recommendations ACCESSORY DWELLING UNITS Number of ADUs: Current: Total single-family parcels: 11,615 2005-2024: 80 building permits issued for ADUs; 4.4 ADUs permitted per year. VIA- Perkins Eastman consultants estimate that there are 10,050 parcels available for ADU production Estimates are based on 2021 Snohomish County Buildable Land Report Projection: Total single-family parcels: 11,615 2044:2,010ADUsare projected; 100.5 projected per year. VIA- Perkins Eastman Washington State Department of Commerce only allows projections to apply a 10% maximum "participation rate." ACCESSORY DWELLING UNITS 9.1.e 9.1.e What are ADUs? An accessory dwelling unit is a small residence that shares a single-family lot with a primary dwelling. An ADU is self-contained, with its own kitchen or kitchenette, bathroom and living/sleeping area. An attached ADU is a dwelling unit located within or attached to another housing unit. A detached ADU (DADU) is separate and unconnected to the other housing unit. Types of ADUs, Credit: ACCESSORY DWELLING UNITS What are the benefits of ADUs? HOME FOR A YOUNG FAMILY AGE -IN -PLACE RETIREMENT OPTION STUDIO SPACE FOR A HOME BUSINESS AT-HOME AI WORKSPACE r� RENTALFOR APARTMENT FOR ADULT CHILDREN Credit: A-D you: Evanston's Guide to ADU EXTRA INCOME POST -SURGERY RECOVERY SPACE ACCESSORY DWELLING UNITS /7 9.1.e M Support aging in place.CL d Provide additional financial support for homeowners. m Add value: Properties with an ADU are prices 35% higher. N Offer an efficient, low-cost way to build 0 housing. ca Meet diverse need4 - suited well for young a. couples, small families, friends, young people and seniors. o LO Allow multi -generational living. E 1W c� r Q What guidance did we use? HOUSE BILL REPORT EHB 1337 As Passed Legislature Title: An act relating to expanding housing options by easing barriers to the construction and use of accessory dwelling units. Brief Description: Expanding housing options by easing barriers to the construction and use of accessory dwelling units. Sponsors: Representatives Gregerson, Barkis, Berry, Christian, Duerr, Fitzgibbon, Taylor, Ramel, Reeves, Simmons, Walen, Graham, Bateman, Reed, Lekanoff, Doglio, Tharinger, Caries, Macri and Stonier. Brief History: Committee Activity: Housing: 1/23/23, 2/2/23 [DP]. Floor Activity: Passed House: 3/2/23, 81-15. Senate Amended. Passed Senate: 4/6/23, 39-7. House Concurred. Passed House: 4/14/23, 85-I 1. Passed Legislature. Brief Summary of Engrossed Bill • Requires fully planning cities and counties to allow accessory dwelling units (ADUs) in urban growth areas (UGAs). • Prohibits certain ADU regulations within UGAs. • Allows cities and counties to offer incentives for the development or construction of ADUs within UGAs. HOUSE COMMITTEE ON HOUSING H B 1337 ACCESSORY DWELLING UNITS MRSC and Department of Commerce Guide The ABCs of ADUs [All� A guide to Accessory Dwelling Units and how theyexpand housing options for people of all ages 0111100 Flea INa puEfn(on antl more: °`AARPorg/ADUs .. . ( , . , ,. I 1 0 0 !M IRS on I on also on MEN THE EDMONDS CITIZENS' HOUSING COMMISSION WANTSTO HEAR FROM YOU. AARP Best Practices Citizens Housing Commission Survey 9.1.e 9.1.e Why DADUs in Edmonds today? o In 2021, the Citizens' Housing Commission stated the following policy recommendation for updating the ADU code to include DADUs: 'Allow either one attached or detached accessory unit on a property in the SFR area, with clear and definitive development requirements such as size, ownership, and parking, under the standard permitting process and not require a conditional use permit." o According to the 2021 American Community Survey, 21.5% of Edmonds' residents are over 65 years of age. The most frequent over-the-counter ADU question: "Are DADUs allowed for 'aging in place?" ACCESSORY DWELLING UNITS Young professionals/ couple t Grand parents Young family _T Teenager Credit: City of Redlands 11 owner 0 renter 9.1.e What will 1-1131337 require? o Cities must ease barriers to the construction and use of accessory dwelling units. o Cities must allow ADUs as a secondary outright permitted use. o Legalizes two accessory dwelling units per lot and lifts numerous restrictions. ACCESSORY DWELLING UNITS CONVERTED GARRAGE CONVERTED GARRAGE Credit: REMOCA General Contractors, Inc. DETACHED ADU BASEMENT CONVERSION What will HB 1337 require? State legislation mandates that HB 1337 must be implemented no later than six months after the next Comprehensive Plan due date. Commerce language will supersede, preempt, and invalidate any �. conflicting local development regulations if Edmonds does not adopt policy by June 30, 2025. 0 U r The requirements for the City of Edmonds will be as follows: • Allow two ADUs per lot (any configuration of ADU and DADU). 3 • No owner -occupancy requirements. 0 • Allow separate sale of ADUs. • No parking required within a half -mile ofa major transit stop, as defined in RCW 36.70A.696(8). • Maximum size limitation no less than 1,OOOsf of gross floor area. L • Gross Floor Area is defined as the "interior habitable area of an accessory dwelling unit, including basements and attics but not including unconditioned space, such as a garage or non -habitable accessory structures." Allow DADUs to be sited at a rear lot line when the lot line abuts a public alley. No setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, or aesthetic requirements that are more restrictive than for the principal unit. Allow ADUs of at least 24-feet in height. Impact fees cannot be more than 50% of fees charged for the principal unit. U fC ACCESSORY DWELLING UNITS What does ECDC currently allow? Permit needed Type of Unit Number of Units Size Design Entrance Parking Occupancy M ih 9.1.e M CL YES - Conditional Use Permit -Type II decision. o U r Attached ADU only. _ 3 0 May have accessory dwelling unit per lot. 0 ✓ Must not exceed 40% of the livable floor area of the principal dwelling, up to a maximum of 800 square feet. a _ 0 ✓ No more than two bedrooms. ✓ An exception allows increased size up to 50% of the floor area of the principal dwelling if the ADU is all on a single floo 0 Architecturally match with the primary residence. n VIL Side entrance that should be unobtrusive when viewed from the street. One off-street parking space in addition to the parking spaces normally required for the principal dwelling, but no less than threE E spaces per lot. r a Either the primary dwelling or the accessory dwelling unit must be owner -occupied. C E ACCESSORY DWELLING UNITS Planning Board and Staff recommendations include the following policies: m ADU size restrictions i� ADU setback reductions G Parking restrictions O Impact fees ACCESSORY DWELLING UNITS 9.1.e 9.1.e City of Edmonds Code Update: RECOMMENDATIONS Planning Division and Planning Board Recommendations: • Count ADUs toward density requirements, consistent with 2024 Comprehensive Plan Update and GMA requirements. • HB 1337 requires that assessment of impact fees cannot be more than 50% of what would be imposed on the principal unit. • Will result in requiring impact fees for ADUs. Credit: Trip Advisor ACCESSORY DWELLING UNITS City of Edmonds Code Update: RECOMMENDATIONS Planning Division Development Standards - Putting it all together: Sub District Maximum ADU Minimum Maximum DADU Minimum Parking Gross Floor DADU Rear Height Spaces Area (Sq. Ft.) Setback'2 RS-20 1,200 25' 24' 0 RS-12 1,200 25' 24' 0 RS-10 1,200 20' 24' 0 RS-8 1,000 10'3 24' 0 RS-6 1,000 10'3 24' 0 1 No rear setbacks are required for detached accessory dwelling units from the rear lot line if that lot line abuts a public alley, regardless of detached accessory dwelling unit size 2 Standard street and side setbacks per ECDC 16.20.030 apply. 3 The normally required rear setback may be reduced to a minimum of five feet for a detached accessory dwelling units 15' in height or less. ACCESSORY DWELLING UNITS *Required by 1337 9.1.e City of Edmonds Code Update: RECOMMENDATIONS Planning Division Development Standards - Putting it all together: ----------- "_n M 0 0 7a; I f \ 3 0 (L 1 -Story ADU (single story incentives) RS-6 and RS-8 E - 1,000 sf. max. (per H131337) - 5' from rear property line - 15' Height limit - 35% Lot coverage limit (existing code) a) - On alleyway, 0' rear setback (per HB133' E fC RS-10, RS-12, RS-20, etc... - 1,200 sf. max. (best practices) - Maintain existing setbac Packet Pg. 363 - 35% Lot coverage limit City of Edmonds Code Update: RECOMMENDATIONS Planning Division Development Standards - Putting it all together: Ilk= ------------ \1 ro�—- ----- ----- --A Sk - S - ------------ .NP 2-Story ADLI (no incentives) RS-6 and RS-8 - 1,000 sf. max. (per HB1337) - 10' From rear property line - 24' Height limit (per H131337) - 35% Lot coverage limit (existing code) - On alleyway, 0' rear setback (per HB1 337) M CL 0 W 'a 0 L) 0 All others (RS-10, RS-12, RS-20, etc... - 1,200 sf. max. (best practices) - Maintain existing setbacks - 35% Lot coverage limit (exi Packet Pg. 364 City of Edmonds Code Update: RECOMMENDATIONS Planning Division Development Standards - Putting it all together: 9.1.e City of Edmonds Code Update: RECOMMENDATIONS Planning Board Development Standards - Putting it all together: Recommended Table ofADU Development Standards: Sub District Maximum ADU Gross Floor Area (Sq. Ft.) Minimum DADU Rear Setback' Maximum DADU Height RS-20 1200' 25'' 24' RS-12 1200' 25" 24' RS-10 1200' 20'2 24' RS-8 1000' 15" 24' RS-6 1000' 15'" 24' ' No rear setbacks are required for detached accessory dwelling units from the rear lot line if that Lot line abuts a public alley, regardless of detached accessory dwelling unit size per HB 1337. 'Standard Street and side setbacks per ECDC 16.20.030 apply. 3 The normally required rear setback may be reduced to a minimum of fifteen feet for a detached accessory dwelling units 15' in height or less. ° The normally required rear setback may be reduced to a minimum of five feet for a detached accessory dwelling units 15' in height or less. 9.1.e Packet Pg. 366 9.1.e Schedule: • Council Introduction - November 14, 2023 • Planning Board Introduction - December 13, 2023 • Planning Board Discussion 1 -January 10, 2024 • Planning Board Discussion 2 -January 24, 2024 • Council Discussion 1 - February 27, 2024 • Planning Board Public Hearing - February 28, 2024 • Council Study Session - March 5, 2024 • Planning Board Discussion 3 - April 10, 2024 • Council Public Hearing - May 21, 2024 • Council Adoption -June 5, 2024 ACCESSORY DWELLING UNITS me 10.1 City Council Agenda Item Meeting Date: 05/21/2024 Utility Bond Issue Staff Lead: Mike Bailey Department: Administrative Services Preparer: Kimberly Dunscombe Background/History As discussed throughout 2023, the consideration of refunding a bond issuance was aimed at generating savings for the city. However, upon thorough evaluation, it was determined that the projected savings did not sufficiently outweigh the associated costs at that time. During the recent 2024 budget deliberations, in collaboration with the Capital Improvement Plan (CIP), staff proposed issuing bonds for several vital utility projects. This proposal is complemented by a utility bond refunding strategy that promises savings, making it a financially prudent decision for the city. On May 14, 2024 Finance Committee discussed the utility bond issue. Request was made for additional information and has been added to the agenda memo. Specifically, page 15 of the "C Edmonds - Preliminary Numbers - 2024 Bonds - April 30 2024" details net present value savings of $1,014,963.39. Recommendation was made to forward this item to Council for discussion at the next Council Meeting. Staff Recommendation Approve delegation bond ordinance and forward to the next available Council meeting for full Council discussion. Narrative N/A Attachments: Edmonds _W&S 2024 Bonds _ordinance(102363683.2) Packet Pg. 368 10.1.a CITY OF EDMONDS, WASHINGTON ORDINANCE NO. y AN ORDINANCE of the City of Edmonds, Washington, c relating to the combined water and sewerage systems comprising m° the waterworks utility of the City; specifying, adopting, and ordering the carrying out of a system or plan of additions to and B betterments and extensions of the combined waterworks utility; providing for the issuance of one or more series of water and sewerco M revenue bonds for the purpose of providing the funds necessary: (1) to pay all or a portion of the costs of carrying out that plan of M additions, (2) to make a deposit into the debt service reserve c account, and (3) to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City's designated =_ representative to approve the final terms of the sale of the bonds; c amending Ordinance No. 4309; and providing for other related U� matters. c Passed 92024 This document prepared by: Foster Garvey P. C. 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 (206) 447-4400 FG: 102363683.2 Packet Pg. 369 10.1.a TABLE OF CONTENTS* Section 1. Findings and Determinations...................................................................................1 Section2. Definitions................................................................................................................2 Section 3. Adoption of Plan of Additions; Purpose and Authorization of the Bonds.....................................................................................................................10 Section 4. Description of the Bonds; Appointment of Designated Representative........................................................................................................10 Section 5. Registrar; Registration and Transfer of Bonds......................................................11 Section 6. Form and Execution of Bonds...............................................................................12 Section 7. Payment of Bonds..................................................................................................12 Section 8. Redemption Provisions and Open Market Purchase of Bonds..............................12 Section 9. Failure To Pay Bonds.............................................................................................14 Section 10. Refunding or Defeasance of the Bonds.................................................................14 Section 11. Security for the Bonds; Bond Fund.......................................................................14 Section12. Flow of Funds........................................................................................................16 Section 13. Additional Covenants.............................................................................................17 Section 14. Rate Stabilization Account....................................................................................18 Section 15. Separate Utility Systems........................................................................................19 Section 16. Deposit of Bond Proceeds......................................................................................19 Section 17. Sale and Delivery of the Bonds; Parity Certificate................................................19 Section 18. Parity Conditions...................................................................................................20 Section19. Tax Matters............................................................................................................21 Section 20. Official Statement; Continuing Disclosure............................................................21 Section 21. Amendatory Ordinances........................................................................................22 Section 22. Amendment of Ordinance No. 4309......................................................................24 Section 23. General Authorization and Ratification.................................................................24 Section24. Severability............................................................................................................24 Section 25. Effective Date of Ordinance..................................................................................25 Exhibit A Parameters for Final Terms of the Bonds Exhibit B Parity Conditions For Issuance of Future Parity Bonds Exhibit C Description of Plan of Additions Exhibit D Form of Continuing Disclosure Undertaking * The cover page, table of contents and section headings of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance. FG: 102363683.2 Packet Pg. 370 10.1.a CITY OF EDMONDS, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Edmonds, Washington, relating to the combined water and sewerage systems comprising the waterworks utility of the City; specifying, adopting, and ordering the carrying out of a system or plan of additions to and betterments and extensions of the combined waterworks utility; N providing for the issuance of one or more series of water and sewer revenue bonds for the purpose of providing the funds necessary: c (1) to pay all or a portion of the costs of carrying out that plan of m additions, (2) to make a deposit into the debt service reserve 5 account, and (3) to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and N covenants of the bonds; appointing the City's designated co representative to approve the final terms of the sale of the bonds; and providing for other related matters. N THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Determinations. The City Council of the City of Edmonds, Washington (the "City"), makes the findings and determinations set forth below. Capitalized terms have the meanings given in Section 2. (a) Refunding Plan Ratified and Confirmed. Pursuant to Ordinance No. 4309, passed on June 20, 2023, the City authorized the issuance of the Refunding Bonds for the purpose of providing the funds necessary to pay all or part of the of the costs of refunding the City's outstanding Water and Sewer Revenue Bonds, 2013, authorized by Ordinance No. 3933, passed on July 16, 2013, to achieve a debt service savings, and to pay the costs of issuance and sale of the Refunding Bonds and the administrative costs of the refunding. Pursuant to Ordinance No. 4309, the Refunding Bonds may not be issued later than one year after the effective date of Ordinance No. 4309 (June 28, 2023). The City Council ratifies and confirms the findings and determinations made in Ordinance No. 4309, and it is in the best interest of the City to extend the date to which the Refunding Bonds may be issued to one year after the effective date of this ordinance. (b) Plan of Additions. The City is in need of funds with which to finance the Plan of Additions, the estimated cost of which is $11.7 million, and the City does not have available sufficient funds to pay the costs. The life of the improvements comprising the Plan of Additions is declared to be at least 21 years. (c) Previously Issued Bonds and Loans. The City previously issued the 2013 Bonds, the 2015 Bonds, and the 2020 Bonds and by the Outstanding Parity Bond Ordinances provided FG: 102363683.2 Packet Pg. 371 10.1.a for the issuance of Future Parity Bonds the payment of which is secured by a lien and charge on Net Revenue and ULID Assessments on a parity with the lien and charge that secure payment of the Outstanding Parity Bonds if certain Parity Conditions are met at the time the Future Parity Bonds are issued. The City also has outstanding Loans the payment of which is secured by a lien or charge on Net Revenue that is junior and inferior to the lien and charge on Net Revenue that secure payment of the Parity Bonds. (d) Parity Conditions Met. The amounts required to have been paid into the Bond Fund for the Outstanding Parity Bonds have been paid and maintained as required therein, and all other Parity Conditions for the issuance of the Bonds as Future Parity Bonds will have been met and satisfied before the Bonds are delivered to the Purchaser. (e) Sufficiency of Gross Revenue. The Gross Revenue and benefits to be derived from the operation and maintenance of the Water and Sewer Utility at the rates to be charged for services from the Water and Sewer Utility will be more than sufficient to meet all Operating and Maintenance Expense and to permit the setting aside into the Bond Fund out of the Gross Revenue of amounts sufficient to pay when due the principal of and interest on the Outstanding Parity Bonds and the Bonds. In fixing the amounts to be paid into the Bond Fund under this ordinance, the City Council has exercised due regard for Operating and Maintenance Expense and has not obligated the City to set aside and pay into the Bond Fund a greater amount of Gross Revenue that in its judgment will be available over and above such Operating and Maintenance Expense and amount of Gross Revenue previously pledged. (f) Issuance of Bonds. It is in the best interest of the City to issue and sell the Bonds to the Purchaser pursuant to the terms set forth in the Bond Purchase Contract as approved by the City's Designated Representative consistent with this ordinance. Section 2. Definitions. As used in this ordinance, the following words shall have the following meanings: (a) -2013 Bond Ordinance" means Ordinance No. 3933, passed on July 16, 2013. (b) "2013 Bonds" means the City's outstanding Water and Sewer Revenue Bonds, 2013, authorized by the 2013 Bond Ordinance. (c) "2015 Bond Ordinance" means Ordinance No. 3996, passed on May 5, 2015. (d) "2015 Bonds" means the City's outstanding Water and Sewer Revenue Bonds, 2015, authorized by the 2015 Bond Ordinance. (e) "2020 Bond Ordinance" means Ordinance No. 4197, passed on October 13, 2020. (f) "2020 Bonds" means the City's outstanding Water and Sewer Revenue Bonds, 2020 (Certified Climate Bonds), authorized by the 2020 Bond Ordinance. (g) "Adjusted Net Revenue " means Net Revenue plus withdrawals from the Rate Stabilization Account and less deposits into the Rate Stabilization Account. 2 FG: 102363683.2 Packet Pg. 372 10.1.a (h) "Annual Debt Service" means, for any fiscal year, with respect to all Parity Bonds outstanding or maturing in that year, all amounts required to be paid in that year in respect of principal of and interest on those Parity Bonds, less all bond interest payable from the proceeds of any Parity Bonds, and less all Tax Credit Subsidy Payments scheduled to be received in that year. Parity Bonds issued as Variable Interest Rate Bonds shall be assumed to bear interest at a fixed rate equal to the higher of (i) the highest variable rate borne during the preceding 24 months by any Variable Interest Rate Bonds then outstanding or (ii) if no Variable Interest Rate Bonds are then outstanding, a rate determined by reference to the index to be used to determine the interest rate on the Future Parity Bonds proposed to be issued or a comparable index. (i) "Authorized Denominations " means $5,000 or any integral multiple thereof within a maturity of a Series. 0) "Average Annual Debt Service" means, as of its date of calculation, the sum of the Annual Debt Service for the current fiscal year and the fiscal years remaining to the last scheduled maturity of the applicable issue or issues of bonds divided by the number of those years. (k) `Beneficial Owner" means, with respect to a Bond, the owner of any beneficial interest in the Bond. (1) "Bond" means each bond authorized to be issued by this ordinance. (m) "Bond Counsel" means the firm of Foster Garvey P.C., its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. (n) "Bond Fund" means the City's Water and Sewer Utility Revenue Bond Fund, 2011, created for the payment of the principal of and premium, if any, and interest on Parity Bonds. (o) "Bond Insurance Policy" means a municipal bond insurance policy issued by a Bond Insurer insuring the payment when due of the principal of and interest on Parity Bonds as provided in such policy. (p) "Bond Insurer" means a bond insurance company providing a Bond Insurance Policy or Reserve Security for any outstanding Parity Bonds. (q) "Bond Purchase Contract" means, with respect to each Series, an offer to purchase the Series, setting forth certain terms and conditions of the issuance, sale, and delivery of the Series, which offer is authorized to be accepted by the Designated Representative on behalf of the City, if consistent with this ordinance. In the case of a competitive sale, the official notice of sale, the Purchaser's bid, and the award by the City shall constitute the Bond Purchase Contract for purposes of this ordinance. (r) "Bond Register" means the books or records maintained by the Registrar for the purpose of identifying ownership of each Bond. FG: 102363683.2 Packet Pg. 373 10.1.a (s) "City" means the City of Edmonds, Washington, a municipal corporation duly organized and existing under the laws of the State. (t) "City Council" means the legislative authority of the City, as duly and regularly constituted from time to time. (u) "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (v) "Construction Fund" means the fund or account designated by the Finance Director for the payment of the costs of the Plan of Additions. N (w) "Coverage Requirement" means, for any fiscal year, an amount of Adjusted Net c Revenue equal to not less than 1.25 times the Annual Debt Service in that year on all Parity m Bonds then outstanding. For purposes of calculating the Coverage Requirement, ULID 5 Assessments due in that year and not delinquent shall be subtracted from Annual Debt Service. (x) "Designated Representative" means the officer of the City appointed in Section 4 to serve as the City's designated representative in accordance with RCW 39.46.040. (y) "DTC" means The Depository Trust Company, New York, New York, or its nominee. (z) "Final Terms " means the terms and conditions for the sale of a Series, including the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants. (aa) "Finance Director" means the Finance Director of the City or any other City official who succeeds to the duties now delegated to that office, or the designee of such officer. (bb) "Fiscal Agent" means the fiscal agent of the State, as the same may be designated by the State Finance Committee from time to time. (cc) "Future Parity Bond Authorizing Ordinance" means an ordinance of the City authorizing the issuance and sale of Future Parity Bonds. (dd) "Future Parity Bonds " means all revenue obligations and other obligations of the City for borrowed money (including financing leases) issued or incurred after the Issue Date, the payment of the principal of and interest on which is secured by a charge or lien on the Net Revenue and ULID Assessments equal in rank with the lien and charge on Net Revenue and ULID Assessments required to be paid into the Bond Fund to pay and secure the payment of the principal of and interest on the Parity Bonds. (ee) "Government Obligations" means direct obligations of, or obligations the timely payment of principal of and interest on which are unconditionally guaranteed by, the United States of America. 4 FG: 102363683.2 Packet Pg. 374 (ff) "Gross Revenue" means all of the earnings and revenues received by the City from the maintenance and operation of the Water and Sewer Utility, including: revenues from the sale, lease, or furnishing of commodities, services, properties or facilities; all earnings from the investment of money in the Bond Fund that are deposited into the Principal and Interest Account; earnings from the investment of money in any maintenance fund or similar fund; all connection and capital improvement charges collected for the purpose of defraying the cost of capital facilities of the Water and Sewer Utility; and withdrawals from the Rate Stabilization Account. However, the Gross Revenue shall not include: (a) revenues from City taxes; (b) principal proceeds of Parity Bonds or any other borrowings, or earnings or proceeds from any investments in a trust, defeasance, or escrow fund created to defease or refund obligations y relating to the Water and Sewer Utility (until commingled with other earnings and revenues N included in the Gross Revenue) or held in a special account for the purpose of paying a rebate to c the United States Government under the Code; (c) income and revenue that may not legally be m° pledged for revenue bond debt service; (d) improvement district assessments including ULID Assessments; (e) federal or state grants, and gifts from any source allocated to capital projects; 5 (f) payments under bond insurance or other credit enhancement policy or device; (g) insurance or condemnation proceeds used for the replacement of capital projects or equipment; (h) proceeds M from the sale of Water and Sewer Utility property; (i) earnings on bond proceeds in any CO construction fund or bond redemption fund; 0) deposits into the Rate Stabilization Account; (k) Tax Credit Subsidy Payments; or (1) revenue from any Separate Utility System. c (gg) "Independent Utility Consultant" means a professional consultant experienced with municipal utilities of comparable size and character to the Water and Sewer Utility and in such areas as are relevant to the purpose for which he or she is being retained. Such a consultant shall be deemed independent so long as he or she is not an employee or officer of the City. (hh) "Issue Date " means, with respect to a Bond, the date of initial issuance and delivery of the Bond to the Purchaser in exchange for the purchase price of the Bond. (ii) "Letter of Representations" means the Blanket Issuer Letter of Representations dated August 6, 1996, between the City and DTC, as it may be amended from time to time, and any successor or substitute letter relating to the operational procedures of the Securities Depository. 6j) "Loans " means any State of Washington Public Works Trust Fund loans, State Drinking Water Revolving Fund loans, or similar loans entered into by the City to fund improvements to the Water and Sewer Utility, the payment of which is secured by a lien or charge on Net Revenue that is junior and inferior to the lien and charge on Net Revenue that secure payment of the Parity Bonds. (kk) "Maximum Annual Debt Service" means, as of the date of calculation, the maximum amount of Annual Debt Service that will mature or come due in the current fiscal year or any future fiscal year with respect to all Parity Bonds then outstanding. (11) "MSRB " means the Municipal Securities Rulemaking Board. E FG: 102363683.2 Packet Pg. 375 (mm) "Municipal Advisor" means Northwest Municipal Advisors of Bellevue, Washington, or any other municipal advisor then appointed and acting as financial advisor to the City. (nn) "Net Revenue" means the Gross Revenue, less Operating and Maintenance Expenses. (oo) "Official Statement" means an offering document, disclosure document, offering memorandum, or substantially similar disclosure document provided to purchasers and potential purchasers in connection with the initial offering of a Series in conformance with Rule 15c2-12 or other applicable regulations of the SEC. (pp) "Operating and Maintenance Expenses " means all reasonable expenses incurred by the City in causing the Water and Sewer Utility to be operated and maintained in good repair, working order, and condition, including payments made pursuant to contract for such service to any other municipal corporation or private entity for sewage treatment and disposal, water supply and distribution, or stormwater or other utility service (if the City combines such service into the Water and Sewer Utility), and including budget charges for the City's administration expenses allocated to the Water and Sewer Utility, but shall not include depreciation or any taxes (or charges in lieu of taxes) levied or imposed by the City. (qq) "Outstanding Parity Bond Ordinances " means the 2013 Bond Ordinance, the 2015 Bond Ordinance, and the 2020 Bond Ordinance. (rr) "Outstanding Parity Bonds" means the 2013 Bonds, the 2015 Bonds, and the 2020 Bonds. (ss) "Owner" means, without distinction, the Registered Owner and the Beneficial Owner. (tt) "Parity Bond Authorizing Ordinance" means, as applicable to each series of Parity Bonds, the 2013 Bond Ordinance, the 2015 Bond Ordinance, the 2020 Bond Ordinance, Ordinance No. 4309, this ordinance, and any Future Parity Bond Authorizing Ordinance. (uu) "Parity Bonds" means the Outstanding Parity Bonds, the Refunding Bonds, the Bonds, and any Future Parity Bonds. (vv) "Parity Conditions " means the conditions precedent to the issuance of Future Parity Bonds set forth in Exhibit B to this ordinance, which is incorporated herein by this reference. (ww) `Permitted Investments" means investments that are legal investments for the City at the time of such investment. (xx) "Plan of Additions " means the system or plan of additions and improvements to and betterments and extensions of the Water and Sewer Utility specified, adopted, and ordered to be carried out by Section 3. 0 FG: 102363683.2 Packet Pg. 376 10.1.a (yy) "Principal and Interest Account" means the account of that name created in the Bond Fund for the payment of the principal of and interest on the Parity Bonds. (zz) "Purchaser" means, with respect to each Series, the corporation, firm, association, partnership, trust, bank, financial institution, or other legal entity or group of entities selected by the Designated Representative to serve as purchaser in a direct placement, to serve as underwriter or placement agent for a negotiated sale, or awarded as the successful bidder in a competitive sale of the Series. (aaa) "Rate Stabilization Account" means the account of that name created for the purposes described in Section 14. (bbb) "Rating Agency" means each nationally recognized rating agency, if any, providing a rating on the Bonds at the request of the City. (ccc) "Record Date" means the Registrar's close of business on the 15th day of the month preceding an interest payment date. With respect to redemption of a Bond prior to its maturity, Record Date means the Registrar's close of business on the date on which the Registrar sends the notice of redemption in accordance with Section 8. (ddd) "Refunding Bonds" means the water and sewer revenue bonds authorized to be issued by Ordinance No. 4309, passed on June 20, 2023. (eee) "Registered Owner" means, with respect to a Bond, the person in whose name the Bond is registered on the Bond Register. For so long as the City utilizes the book —entry only system for the Bonds under the Letter of Representations, Registered Owner means the Securities Depository. (fff) "Registrar" means the Fiscal Agent or any successor registrar for the Bonds selected by the City. (ggg) "Reserve Account" means the account of that name created in the Bond Fund for the purpose of securing the payment of the principal of and interest on Parity Bonds. (hhh) "Reserve Requirement" means, subject to Section 21(d): (i) prior to the Reserve Requirement Amendment Date, for the Outstanding Parity Bonds, the Bonds, and each issue of Future Parity Bonds secured by the Reserve Account, an amount equal to the least of (A) Maximum Annual Debt Service, (B) 125% of Average Annual Debt Service, or (C) 10% of the original proceeds of each series of the Parity Bonds then outstanding; and (ii) on and after the Reserve Requirement Amendment Date, (A) for the 2015 Bonds, an amount equal to the least of (1) Maximum Annual Debt Service on Parity Bonds secured by the Reserve Account, (2) 125% of Average Annual Debt Service on Parity Bonds secured by the Reserve Account, or (3) 10% of the original proceeds of each series of the Parity Bonds secured by the Reserve Account then outstanding, (B) for the 2020 Bonds, the Refunding Bonds, and the Bonds, zero, and (C) for each issue of 7 FG: 102363683.2 Packet Pg. 377 10.1.a Future Parity Bonds, the amount specified as such pursuant to the applicable Future Parity Bond Authorizing Ordinance. (iii) "Reserve Requirement Amendment Date" means the first date on which all of the following have occurred: (A) the 2013 Bonds are deemed to be no longer outstanding under the 2013 Bond Ordinance; (B) the 2020 Bonds, the Refunding Bonds, and the Bonds then outstanding together constitute not less than 50% in aggregate principal amount of the Parity Bonds N then outstanding; V c 0 (C) the City has caused notice of the passage of this ordinance to be given by m first class United States mail to all registered owners of the then outstanding 2015 Bonds and 2020 Bonds and to Moody's Investors Service, Inc. and S&P Global Ratings, which notice briefly describes this ordinance and states that a copy is available from the Finance N Director for inspection; and 9-0 (D) the City has received an opinion of Bond Counsel stating that this ordinance and Ordinance No. 4309 are permitted by the 2015 Bond Ordinance and the 2020 Bond Ordinance, that upon the effective date of this ordinance, this ordinance and Ordinance No. 4309 will be valid and binding upon the City in accordance with their respective terms, and that the passage of this ordinance and Ordinance No. 4309 will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the 2015 Bonds or the 2020 Bonds. 6jj) "Reserve Security" means, in lieu of cash and investments, any bond insurance, collateral, security, letter of credit, guaranty, surety bond, or similar credit enhancement device providing for or securing the payment of all or part of the principal of and interest on Parity Bonds, issued by an institution that has been assigned a credit rating at the time that such Reserve Security is provided in the two highest rating categories without regard to gradations within those categories (i.e., AAA or AA). (kkk) "Rule 15c2-12" means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. (111) "SEC" means the United States Securities and Exchange Commission. (mmm) "Securities Depository" means DTC, any successor thereto, any substitute securities depository selected by the City that is qualified under applicable laws and regulations to provide the services proposed to be provided by it, or the nominee of any of the foregoing. (nnn) "Separate Utility System " means any water supply, sewage collection or treatment, stormwater management, or other utility service or facilities that may be created, acquired, or constructed by the City as provided in Section 15. (000) "Series " means a series of the Bonds issued pursuant to this ordinance. E FG: 102363683.2 Packet Pg. 378 10.1.a (ppp) "Sewer System " means the sanitary sewage collection and disposal system of the City, also referred to as the sewer utility. (qqq) "State" means the State of Washington. (rrr) "Stormwater System " means the stormwater management utility combined into the Water and Sewer Utility pursuant to chapter 7.60 of the Edmonds City Code. (sss) "System of Registration " means the system of registration for the City's bonds and other obligations set forth in Ordinance No. 2451 of the City. N W (ttt) "Tax Credit Subsidy Bond" means any bond that is designated by the City as a "build America bond" or other type of tax credit bond, pursuant to the Code, and which is further c designated as a "qualified bond" under Section 6431 of the Code (or under similar provisions of m the Code providing for "direct -pay" tax credit bonds), and with respect to which the City expects 5 to receive a Tax Credit Subsidy Payment. M (uuu) "Tax Credit Subsidy Payment" means the amounts the City expects to receive as a tax credit payable by the United States Treasury to the City under Section 6431 of the Code (or under similar provisions of the Code providing for "direct -pay" tax credit bonds), in respect of any Parity Bonds. (vvv) "Tax -Exempt Bonds " means any Series issued on a tax-exempt basis. (www) "Term Bond" means a Bond designated as a term bond and subject to mandatory redemption prior to maturity in the years and amounts set forth in the Bond Purchase Contract. (xxx) "ULID" means any utility local improvement district now existing or hereafter created for the acquisition or construction of additions, extensions, or betterments of any portion of the Water and Sewer Utility. (yyy) "ULID Assessments " means the assessments levied in any ULID that are pledged to be paid into the Bond Fund, including installment payments of any assessment as well as the interest and penalties (if any) thereon, less any prepaid assessments permitted by law to be paid into a construction fund or account. (zzz) "Undertaking" means the undertaking to provide continuing disclosure entered into pursuant to Section 20. (aaaa) "Variable Interest Rate" means a variable interest rate or rates to be borne by a series of Future Parity Bonds or any one or more maturities within a series of Future Parity Bonds. The method of computing such a variable interest rate (or parameters with respect thereto) shall be specified in the Future Parity Bond Authorizing Ordinance, which shall specify either (i) the particular period or periods of time or manner of determining such period or periods of time for which each value of such variable interest rate shall remain in effect or (ii) the time or times upon which any change in such variable interest rate shall become effective. 0 FG: 102363683.2 Packet Pg. 379 10.1.a (bbbb) "Variable Interest Rate Bonds" means, for any period of time, Future Parity Bonds that bear a Variable Interest Rate during that period. Future Parity Bonds the interest rate or rates on which have been fixed for the remainder of the term thereof no longer shall be deemed to be Variable Interest Rate Bonds. (cccc) "Water and Sewer Utility" means the combined utility, as described in chapter 7.60 of the Edmonds City Code, including the component Water, Sewer, and Stormwater Systems, together with all additions thereto and betterments and extensions thereof at any time made, and any other utility systems hereafter combined with the Water and Sewer Utility. as (dddd) "Water and Sewer Utility Fund" means, together, the Water Fund, the Sewer N Fund, and the Stormwater Fund, each of which has previously been established by the City. 0 (eeee) "Water System" means the system of water supply and transmission of the City, CO also referred to as the water utility., Section 3. Adoption of Plan of Additions; Purpose and Authorization of the Bonds. & (a) The City specifies, adopts, and orders the carrying out of the projects described in Exhibit C to this ordinance, which is incorporated herein by this reference, as a system or plan of additions to and betterments and extensions of the Water and Sewer Utility. The Plan of Additions shall be carried out in accordance with the plans and specifications therefor prepared by the City's engineers and consulting engineers. The City Council may modify the details of the Plan of Additions where, in its judgment, it appears advisable if such modifications do not substantially alter the purposes of that system or plan. The cost of the Plan of Additions, including the cost of issuance and sale of the Bonds, shall be paid from the proceeds of the Bonds and from other money available to the Water and Sewer Utility. (b) The City is authorized to borrow money on the credit of the City and to issue water and sewer revenue bonds evidencing indebtedness to provide the funds necessary (1) to carry out the Plan of Additions, (2) to make a deposit into the Reserve Account, and (3) to pay the costs of issuance of the Bonds. The Bonds shall be allocated to paying the respective costs of the Plan of Additions in such order of time as the City determines is advisable and practicable. Section 4. Description of the Bonds: Appointment of Designated Representative. The Mayor and the Mayor's designee are each individually appointed as the Designated Representative of the City, and each is individually authorized and directed to conduct the sale of the Bonds in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of each Series, with such additional terms and covenants as the Designated Representative deems advisable, within the parameters set forth in Exhibit A to this ordinance, which is incorporated herein by this reference. The Bonds may be issued in one or more series together with or separately from the Refunding Bonds, as determined by the Designated Representative. 10 FG: 102363683.2 Packet Pg. 380 10.1.a Section 5. Registrar; Registration and Transfer of Bonds. (a) Registration of Bonds. Each Bond shall be issued only in registered form as to both principal and interest and the ownership of each Bond shall be recorded on the Bond Register. (b) Registrar; Duties. The Fiscal Agent is appointed as initial Registrar. The Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds, N and to carry out all of the Registrar's powers and duties under this ordinance and the System of c Registration. The Registrar shall be responsible for its representations contained in the C m Registrar's Certificate of Authentication on each Bond. The Registrar may become an Owner with the same rights it would have if it were not the Registrar and, to the extent permitted by law,, may act as depository for and permit any of its officers or directors to act as members of, or in M any other capacity with respect to, any committee formed to protect the rights of Owners. N M 00 to (c) Bond Register; Transfer and Exchange of Bonds. The Bond Register shall contain the name and mailing address of each Registered Owner and the principal amount and c number of each Bond held by each Registered Owner. A Bond surrendered to the Registrar may be exchanged for a Bond or Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same Series, maturity, and interest rate. A Bond may be transferred = only if endorsed in the manner provided thereon and surrendered to the Registrar. Any exchange 2 or transfer shall be without cost to the Owner or transferee. The Registrar shall not be obligated °i to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the redemption date. C m (d) Securities Depository; Book -Entry Only Form. If a Bond is to be issued in book- v N entry only form, DTC shall be appointed as initial Securities Depository and each such Bond 0 initially shall be registered in the name of Cede & Co., as the nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held fully immobilized in book -entry only form by the Securities Depository in accordance with the provisions of the Letter of = Representations. Registered ownership of any Bond registered in the name of the Securities E Depository may not be transferred except: (i) to any successor Securities Depository; (ii) to any w substitute Securities Depository appointed by the City; or (iii) to any person if the Bond is no longer to be held in book -entry only form. Upon the resignation of the Securities Depository, or E upon a termination of the services of the Securities Depository by the City, the City may appoint a substitute Securities Depository. If (i) the Securities Depository resigns and the City does not r appoint a substitute Securities Depository, or (ii) the City terminates the services of the a Securities Depository, the Bonds no longer shall be held in book -entry only form and the registered ownership of each Bond may be transferred to any person as provided in this ordinance. Neither the City nor the Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the City nor the 11 FG: 102363683.2 Packet Pg. 381 10.1.a Registrar shall be responsible for any notice that is permitted or required to be given to the Registered Owner of a Bond registered in the name of the Securities Depository except such notice as is required to be given by the Registrar to the Securities Depository. Section 6. Form and Execution of Bonds. (a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form consistent with the provisions of this ordinance and State law. Each Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the N City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Registrar, or issued or delivered by the City, that Bond nevertheless may be C m authenticated, issued, and delivered and, when authenticated, issued, and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to, sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she ry did not hold the required office on the Issue Date. co (b) Authentication. Only a Bond bearing a Certificate of Authentication in substantially the following form, manually signed by the Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate of Authentication. This Bond is one of the fully registered City of Edmonds, Washington, Water and Sewer Revenue Bonds, [Series]." The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated, and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of Bonds. Principal of and interest on each Bond shall be payable in lawful money of the United States of America. Principal of and interest on each Bond registered in the name of the Securities Depository are payable in the manner set forth in the Letter of Representations. Interest on each Bond not registered in the name of the Securities Depository is payable by electronic transfer on the interest payment date, or by check or draft of the Registrar mailed on the interest payment date to the Registered Owner at the address appearing on the Bond Register on the Record Date. The City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received on or prior to the Record Date and at the sole expense of the Registered Owner. Principal of each Bond not registered in the name of the Securities Depository is payable upon presentation and surrender of the Bond by the Registered Owner to the Registrar. Payment of the Bonds is not subject to acceleration under any circumstances. Section 8. Redemption Provisions and Open Market Purchase of Bonds. (a) Optional Redemption. The Bonds shall be subject to redemption at the option of the City on terms acceptable to the Designated Representative, as set forth in the Bond Purchase Contract, consistent with the parameters set forth in Exhibit A. 12 FG: 102363683.2 Packet Pg. 382 10.1.a (b) Mandatory Redemption. Each Bond that is designated as a Term Bond in the Bond Purchase Contract, consistent with the parameters set forth in Exhibit A, shall be called for redemption at a price equal to the stated principal amount to be redeemed, plus accrued interest, on the dates and in the amounts as set forth in the Bond Purchase Contract. If a Term Bond is redeemed under the optional redemption provisions, defeased, or purchased by the City and surrendered for cancellation, the principal amount of the Term Bond so redeemed, defeased, or purchased (irrespective of its actual redemption or purchase price) shall be credited against one or more scheduled mandatory redemption installments for the Term Bond. The City shall determine the manner in which the credit is to be allocated and shall notify the Registrar in writing of its allocation prior to the earliest mandatory redemption date for the Term Bond for y which notice of redemption has not already been given. N c (c) Selection of Bonds for Redemption; Partial Redemption. If fewer than all of the m° outstanding Bonds are to be redeemed at the option of the City, the City shall select the Series and maturities to be redeemed. If fewer than all of the outstanding Bonds of a maturity of a Series are to be redeemed, the Securities Depository shall select Bonds registered in the name of the Securities Depository to be redeemed in accordance with the Letter of Representations, and M the Registrar shall select all other Bonds to be redeemed randomly in such manner as the o Registrar shall determine. All or a portion of the principal amount of any Bond that is to be co redeemed may be redeemed in any Authorized Denomination. If less than all of the outstanding c principal amount of any Bond is redeemed, upon surrender of that Bond to the Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same Series, maturity, and interest rate in any Authorized = Denomination in the aggregate principal amount to remain outstanding. c (d) Notice of Redemption. Notice of redemption of each Bond registered in the name of the Securities Depository shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond. (e) Rescission of Optional Redemption Notice. In the case of an optional redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice and the redemption by giving a notice of rescission to the affected Registered Owners at any time on or prior to the date fixed for redemption. Any notice of optional redemption that is so rescinded shall be of no effect, and each Bond for which a notice of optional redemption has been rescinded shall remain outstanding. (f) Effect of Call for Redemption. Interest on each Bond called for redemption shall cease to accrue on the date fixed for redemption, unless either the notice of optional redemption is rescinded as provided in subsection (e) of this Section or money sufficient to effect such 13 FG: 102363683.2 Packet Pg. 383 10.1.a redemption is not on deposit in the Bond Fund or in a trust account established to refund or defease the Bond. (g) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds offered to the City or in the open market at any time at any price acceptable to the City plus accrued interest to the date of purchase. Section 9. Failure To Pay Bonds. If the principal of any Bond is not paid when the Bond is properly presented at its maturity date or date fixed for redemption, the City shall be obligated to pay, from the sources pledged herein, interest on the Bond at the same rate provided in the Bond from and after its maturity or date fixed for redemption until the Bond, both N principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund or in a trust account established to refund or defease the Bond, and the Bond C m has been called for payment by giving notice of that call to the Registered Owner. 5 Section 10. Refunding or Defeasance of the Bonds. The City may issue refunding M bonds pursuant to State law or use money available from any other lawful source to carry out a N refunding or defeasance plan, which may include (a) paying when due the principal of and o interest on any or all of the Bonds (the "defeased Bonds"); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets c aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the "trust account") money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund, or defease the defeased Bonds = in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in 2 the covenants of this ordinance and in the funds and accounts obligated to the payment of the °i defeased Bonds shall cease and become void. Thereafter, the Registered Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased C m Bonds solely from the trust account and the defeased Bonds shall be deemed no longer N outstanding. In that event, the City may apply money remaining in any fund or account (other N than the trust account) established for the payment or redemption of the defeased Bonds to any ca lawful purpose, subject only to the rights of the registered owners of any other Parity Bonds then outstanding. N Unless otherwise specified by the City in a refunding or defeasance plan, notice of refunding or defeasance shall be given, and selection of Bonds for inclusion in a refunding or defeasance shall be conducted, in the manner prescribed in this ordinance for the redemption of Bonds. Section 11. Security for the Bonds; Bond Fund. (a) Pledge of Net Revenue. The Net Revenue and ULID Assessments are pledged irrevocably to the payment of the Bonds, and the amounts pledged to be paid into the Bond Fund to pay and secure the payment of the principal of and interest on the Bonds when due shall constitute a lien and charge on the Net Revenue and ULID Assessments on a parity with the lien and charge on the Net Revenue and ULID Assessments pledged to be paid into the Bond Fund to pay and secure the payment of the principal of and interest on the Outstanding Parity Bonds and any Future Parity Bonds, and prior and superior to any other liens or charges whatsoever. 14 FG: 102363683.2 Packet Pg. 384 10.1.a (b) Special Obligations. The principal of and interest on the Bonds are payable exclusively from the Bond Fund and the Net Revenue and ULID Assessments pledged to be paid into the Bond Fund to pay principal of and interest on the Bonds when due. The Bonds are special obligations of the City and do not constitute an obligation of the State, either general or special, or any political subdivision thereof other than the City. The Bonds are not general obligations of the City and shall not constitute an indebtedness of the City within the meaning of the State constitution. Neither the full faith and credit nor the taxing power of the City is pledged to the payment of the Bonds. The Registered Owners shall not have any claim for the payment of the Bonds against the City arising from the Bonds except for payment from the Bond Fund and the Net Revenue and ULID Assessments pledged to be paid into the Bond Fund to pay principal y of and interest on the Bonds when due. The Registered Owners shall not have any claim against N the State arising from the Bonds. 0 m (c) Bond Fund; Deposits into the Bond Fund. The Bond Fund has been established within the Water and Sewer Utility Fund as a special fund of the City and is to be drawn upon 5 solely for the payment of the principal of and premium, if any, and interest on Parity Bonds. The Bond Fund is divided into two accounts: the Principal and Interest Account and the Reserve M co Account. The City obligates and binds itself to set aside and pay into the Bond Fund all ULID Assessments and, out of the Net Revenue, certain fixed amounts, without regard to any fixed proportion, namely: (1) Into the Principal and Interest Account, before each interest payment date for the Parity Bonds, an amount that will be sufficient, together with other money on deposit therein, to pay the interest on the Parity Bonds due on the interest payment date; and (2) Into the Principal and Interest Account, before each principal payment date of the Parity Bonds (including any mandatory redemption date), an amount that will be sufficient, together with other money on deposit therein, to pay the principal of the Parity Bonds due on the principal payment date (including mandatory redemption amounts due with respect to any Term Bonds); and (3) Into the Reserve Account, at the time and in the manner required by this ordinance, the amount, if any, necessary to make the amount on deposit in the Reserve Account equal to the Reserve Requirement for the Parity Bonds. When the total amount on deposit in the Bond Fund equals the total amount of principal and interest due for all outstanding Parity Bonds to the last maturity thereof, no further payment need be made into the Bond Fund. The Finance Director may create sinking fund accounts or other accounts in the Bond Fund for the payment or securing the payment of Parity Bonds as long as the maintenance of such accounts does not conflict with the rights of the registered owners of Parity Bonds. (d) Reserve Account; Reserve Requirement. The City will at all times maintain on deposit in the Reserve Account an amount equal to the Reserve Requirement, except as otherwise expressly authorized in this subsection, until the total amount on deposit in the Bond Fund equals the total amount of principal and interest due for all outstanding Parity Bonds to the 15 FG: 102363683.2 Packet Pg. 385 10.1.a last maturity thereof, at which time the money in the Reserve Account may be used to pay any such principal and interest, so long as the amount remaining on deposit in the Reserve Account is not less than the Reserve Requirement calculated based on the Parity Bonds then outstanding. The Reserve Requirement shall be deemed satisfied by any combination of Parity Bond proceeds, Reserve Securities, or other legally available money equal to the Reserve Requirement, or by the deposit of available funds of the City in approximately equal annual installments so that the Reserve Requirement is funded no later than three years after the issuance of any Future Parity Bonds. If there is a deficiency in the Principal and Interest Account to make the next payment of principal of or interest on the Parity Bonds, the deficiency shall be made up from the Reserve U) Account by the withdrawal of amounts necessary for that purpose, first, from money on deposit in the Reserve Account, and second, from pro rata draws on each Reserve Security. Any ° m deficiency created in the Reserve Account by reason of any such withdrawal shall be made up from the next available of Net Revenue and ULID Assessments after making necessary provision for the required payments into the Principal and Interest Account, first, to restore each Reserve Security pro rata, and second, to make up any remaining deficiency. M 00 W The City may establish a separate Reserve Requirement for any or all of the Bonds or any Future Parity Bonds, which may be zero, and establish one or more separate reserve subaccounts o for any or all of the Bonds or any Future Parity Bonds. On and after the Reserve Requirement Amendment Date, the Bonds shall not be secured by the Reserve Account. �o (e) Investment of Money in Bond Fund. All money in the Bond Fund may be kept in cash; deposited with an institution (as permitted by law) in an amount in each institution not °i greater than the amount insured by any department or agency of the United States Government; or invested in Permitted Investments maturing not later than the date when needed (for C m investments in the Principal and Interest Account) or the last maturity of any Parity Bonds then N outstanding (for investments in the Reserve Account). Income from investments in the Principal N and Interest Account shall be deposited into that account. Income from investments in the ca Reserve Account shall be deposited into that account until the amount on deposit therein is equal to the Reserve Requirement, and thereafter shall be deposited into the Principal and Interest Account or used for other Water and Sewer Utility purposes. c E (f) Action to Compel Payments. If the City fails to set aside and pay into the Bond w Fund the amounts set forth above, the registered owner of any of the Parity Bonds then outstanding may bring action against the City and compel the setting aside and payment. E Section 12. Flow of Funds. All ULID Assessments shall be paid into the Bond Fund r and the Gross Revenue shall be deposited into the Water and Sewer Utility Fund (or the a respective system funds therein) to be used for the following purposes only in the following order of priority: (1) To pay Operating and Maintenance Expenses. (2) To make when due the required payments into the Principal and Interest Account in respect of interest on the Parity Bonds. 16 FG: 102363683.2 Packet Pg. 386 10.1.a (3) To make when due the required payments into the Principal and Interest Account in respect of principal of (and premium, if any, on) the Parity Bonds, whether at maturity or pursuant to redemption prior to maturity. (4) To make when due all payments required to be made into the Reserve Account. (5) To make when due all payments required to be made under any reimbursement agreement with a Bond Insurer in any priority not inconsistent with this ordinance, which the City may hereafter establish by ordinance. (6) To make when due the required payments to be made into any revenue bond, note, warrant, or other revenue obligation redemption fund, debt service account, y or reserve account created to pay and secure the payment of any revenue U) obligations of the Water and Sewer Utility the payment of which is secured by a c lien or charge on Net Revenue junior and inferior to the lien and charge on Net 00 Revenue that secure payment of the Parity Bonds. _ 5 7 () Without priority, to retire b redemption or to purchase in the open market an p� Y� Y p� p p Y _. Parity Bonds or junior lien obligations then outstanding, to make necessary ry betterments and replacements of or repairs, additions, or extensions to the Water o and Sewer Utility, to make deposits into the Rate Stabilization Account, or for any other lawful purpose. e Section 13. Additional Covenants. The City covenants and agrees with the Registered Owner of each Bond at any time outstanding as follows: (a) Maintenance and Operation. The City will at all times maintain, preserve, and keep the properties of the Water and Sewer Utility in good repair, working order, and condition, will make all necessary and proper additions, betterments, renewals, and repairs thereto and improvements, replacements, and extensions thereof, and will at all times operate or cause to be operated the properties of the Water and Sewer Utility and the business in connection therewith in an efficient manner and at a reasonable cost. (b) Establishment and Collection of Rates and Charges. The City will establish, maintain, and collect rates and charges for all services and facilities provided by the Water and Sewer Utility that will be fair and nondiscriminatory. The City will adjust those rates and charges from time to time so that: (i) the Gross Revenue will at all times be sufficient to (A) pay all Maintenance and Operation Expenses on a current basis, (B) pay when due all amounts that the City is obligated to pay into the Bond Fund and the accounts therein, and (C) pay all taxes (or payments in lieu thereof), assessments, or other governmental charges lawfully imposed on the Water and Sewer Utility and any and all other amounts that the City may now or hereafter become obligated to pay from the Gross Revenue by law or contract; and (ii) the Adjusted Net Revenue in each fiscal year will be not less than the Coverage Requirement. (c) Sale or Disposition of Utility Property. The City will not sell, lease, mortgage, or in any manner encumber or dispose of all the property of the Water and Sewer Utility unless provision is made for payment into the Bond Fund of a sum sufficient to pay the principal of and interest on all Parity Bonds then outstanding. Further, the City will not sell, lease, mortgage, or in any manner encumber or dispose of (each, a "disposition") any part of the property of the 17 FG: 102363683.2 Packet Pg. 387 10.1.a Water and Sewer Utility that is used, useful, and material to the operation thereof (the "affected portion") unless provision is made for replacement thereof or for payment into the Bond Fund of an amount which shall bear the same ratio to the amount of Parity Bonds then outstanding (less the amount of cash and investments in the Bond Fund and the accounts therein) as (i) the Net Revenue from affected portion of the Water and Sewer Utility for the twelve months preceding such disposition bears to (ii) the Net Revenue from the entire Water and Sewer Utility for the same period. Any money paid into the Bond Fund as a result of such a disposition shall be used to retire that proportion of Parity Bonds then outstanding at the earliest practicable date. (d) Books and Records. The City will maintain complete books and records relating to the operation of the Water and Sewer Utility and its financial affairs, and will cause such U) books and records to be audited annually, and cause to be prepared an annual financial and c operating statement, which shall be provided to any owner of Parity Bonds upon request. ° m (e) No Free Service. Except to aid the poor or infirm, to provide for resource, conservation, or to provide for the proper handling of hazardous materials, the City will not M furnish or supply or permit the furnishing or supplying of any service or facility in connection ry with the operation of the Water and Sewer Utility free of charge to any person, firm, or o corporation, public or private, other than the City. M N CD (f) Collection of Delinquent Accounts. On at least an annual basis, the City will determine all accounts that are delinquent and will take all necessary action to enforce payment of such accounts against those property owners whose accounts are delinquent. _ �a L (g) Insurance. The City will at all times carry fire and such other forms of insurance °i on such of the buildings, equipment, facilities, and properties of the Water and Sewer Utility as are ordinarily carried on such buildings, equipment, facilities, and properties by utilities engaged m in the operation of similar utility systems to the full insurable value thereof, and also will carry adequate public liability insurance at all times. The City may self -insure or participate in a joint N intergovernmental insurance pool or similar plan, and the cost of that insurance or self-insurance ca shall be considered a part of Operating and Maintenance Expenses. i (h) ULID Assessments. The City will promptly collect all ULID Assessments and = deposit such collections into the Bond Fund to pay or secure the principal of and interest on any E Parity Bonds without those ULID Assessments being particularly allocated to any particular w series of Parity Bonds. a� Section 14. Rate Stabilization Account. The Rate Stabilization Account has been previously established within the Water and Sewer Utility Fund. Deposits and withdrawals shall r r be made in accordance with this Section at any time up to and including the date that is 90 days a after the end of the fiscal year for which the deposit or withdrawal will be included as Adjusted Net Revenue for that fiscal year, as follows: (a) Deposits into the Rate Stabilization Account. The City may at any time, as determined by the Finance Director, consistent with the covenants contained in this ordinance, deposit into the Rate Stabilization Account amounts of Gross Revenue and any other money received by the Water and Sewer Utility and available to be used therefor, excluding principal 18 FG: 102363683.2 Packet Pg. 388 10.1.a proceeds of Parity Bonds or other borrowing. However, no deposit of Gross Revenue may be made into the Rate Stabilization Account to the extent that such deposit would prevent the City from meeting the Coverage Requirement in the relevant fiscal year. (b) Withdrawals from the Rate Stabilization Account. The City may withdraw money from the Rate Stabilization Account at any time upon authorization of the City Council (which may be by motion, resolution, or ordinance) for inclusion in the Adjusted Net Revenue for any fiscal year of the Water and Sewer Utility, except that the total amount withdrawn from the Rate Stabilization Account in any fiscal year may not exceed the Annual Debt Service in that fiscal year. Earnings from investments in the Rate Stabilization Account shall be deposited into that account and shall not be included as Adjusted Net Revenue unless and until withdrawn from that U) account. c 0 m Section 15. Separate Utility Systems. The City may create, acquire, construct, finance, own, and operate one or more additional systems for water supply, sewer service, water,, sewage, or stormwater transmission or treatment, or other commodity or utility service. The revenue of the Separate Utility System, and any utility local improvement district assessments ry payable solely with respect to improvements to a Separate Utility System, shall not be included o in Gross Revenue and may be pledged to the payment of revenue obligations issued to purchase, c construct, condemn, or otherwise acquire or expand the Separate Utility System. Neither the c Gross Revenue nor the Net Revenue may be pledged to the payment of any obligations of a Separate Utility System, except that the Net Revenue may be pledged on a basis subordinate to the lien on Net Revenue that secures payment of the Parity Bonds. c Section 16. Deposit of Bond Proceeds. On the Issue Date, proceeds of the Bonds in an amount sufficient to satisfy the Reserve Requirement shall be deposited into the Reserve Account. The remaining proceeds of the Bonds shall be deposited into the Construction Fund and be used to pay the costs of issuance and sale of the Bonds and the costs of carrying out the Plan of Additions. Until needed to pay such costs, the City may invest those proceeds temporarily in any Permitted Investment, and the investment earnings shall be retained in the Construction Fund and used for the purposes of that fund, except that earnings subject to a federal tax or rebate requirement (if applicable) may be withdrawn from the Construction Fund and used for those tax or rebate purposes. Section 17. Sale and Delivery of the Bonds; Parity Certificate. (a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is authorized to sell each Series by direct placement, negotiated sale, or competitive sale in accordance with a notice of sale consistent with this ordinance, based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel, the Municipal Advisor, and other advisors. In determining the method of sale of a Series and accepting the Final Terms, the Designated Representative shall take into account those factors that, in the judgment of the Designated Representative, may be expected to result in the lowest true interest cost to the City. (b) Procedure for Direct Placement or Negotiated Sale. If the Designated Representative determines that a Series is to be sold by direct placement or negotiated sale, the 19 FG: 102363683.2 Packet Pg. 389 Designated Representative shall select one or more Purchasers with which to negotiate the sale. The Bond Purchase Contract for each Series shall set forth the Final Terms. The Designated Representative is authorized to execute the Bond Purchase Contract on behalf of the City, so long as the terms provided therein are consistent with this ordinance. (c) Procedure for Competitive Sale. If the Designated Representative determines that a Series is to be sold by competitive sale, the Designated Representative shall cause the preparation of an official notice of bond sale setting forth parameters for the Final Terms and any other bid parameters that the Designated Representative deems appropriate, consistent with this ordinance. Bids for the purchase of each Series shall be received at such time or place and by such means as the Designated Representative directs. On the date and time established for the U) receipt of bids, the Designated Representative (or the designee of the Designated Representative) shall open bids and shall cause the bids to be mathematically verified. The Designated m° Representative is authorized to award, on behalf of the City, the winning bid and accept the winning bidder's offer to purchase the Series, with such adjustments to the aggregate principal 5 amount and principal amount per maturity as the Designated Representative deems appropriate, consistent with this ordinance. The Designated Representative may reject any or all bids M submitted and may waive any formality or irregularity in any bid or in the bidding process if the00 Designated Representative deems it to be in the City's best interest to do so. If all bids are c rejected, the Series may be sold by direct placement or negotiated sale or in any manner provided o by law as the Designated Representative determines is in the best interest of the City, consistent with this ordinance. c (d) Parity Certificate. At the time of issuance of the Bonds, the Designated Representative shall cause to be executed and have on file a certificate of coverage as required for the issuance of Future Parity Bonds under Section 19 of the 2013 Bond Ordinance, Section 19 of the 2015 Bond Ordinance, and Section 19 of the 2020 Bond Ordinance. (e) Preparation, Execution, and Delivery of the Bonds. The Bonds will be prepared at City expense and will be delivered to the Purchaser in accordance with the Bond Purchase Contract, together with the approving legal opinion of Bond Counsel regarding the Bonds. Section 18. Parity Conditions. The City reserves the right to issue Future Parity Bonds the payment of the principal of and interest on which are secured by a lien and charge on the Net Revenue and ULID Assessments on a parity with the lien and charge on Net Revenue and ULID Assessments that secure payment of the Bonds and the Outstanding Parity Bonds if the Parity Conditions are met and complied with at the time of the issuance of the Future Parity Bonds. Nothing contained in the Parity Conditions shall prevent the City from issuing revenue obligations the payment of which is secured by a lien or charge on Net Revenue that is junior and inferior to the lien and charge on Net Revenue that secure payment of the Parity Bonds, or from pledging to pay into a bond redemption fund or account for such junior lien obligations assessments (including interest and penalties thereon) in any utility local improvement district that are levied to pay part or all of the cost of improvements being constructed out of the proceeds of the sale of such junior lien obligations. Neither shall anything contained in this ordinance prevent the City from issuing revenue obligations to refund maturing Parity Bonds for the payment of which money is not otherwise available. 20 FG: 102363683.2 Packet Pg. 390 10.1.a Cantinn IQ Tax MnttPrc (a) Preservation of Tax Exemption for Interest on Tax -Exempt Bonds. The City will take all actions necessary to prevent interest on the Tax -Exempt Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Tax -Exempt Bonds (or other funds of the City treated as proceeds of the Tax -Exempt Bonds) that will cause interest on the Tax -Exempt Bonds to be included in gross income for federal income tax purposes. The City will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Tax -Exempt Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Tax -Exempt Bonds. c (b) Post -Issuance Compliance. The Finance Director is authorized and directed to C m review and update the City's written procedures to facilitate compliance by the City with the covenants in this Section and the applicable requirements of the Code that must be satisfied after, the Issue Date to prevent interest on the Tax -Exempt Bonds from being included in gross income for federal tax purposes. ry (c) Designation of Bonds as "Qualified Tax -Exempt Obligations. " The Designated Representative may designate one or more Series of Tax -Exempt Bonds as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code, if the following conditions are met: (1) the Series of Tax -Exempt Bonds does not constitute "private activity bonds" within the meaning of Section 141 of the Code; (2) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) that the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax-exempt obligations from the City, or that issues tax-exempt obligations on behalf of the City) will issue during the calendar year in which the Series of Tax -Exempt Bonds is issued will not exceed $10,000,000; and (3) the amount of tax-exempt obligations, including the Series of Tax -Exempt Bonds, designated by the City as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Series of Tax -Exempt Bonds is issued does not exceed $10,000,000. Section 20. Official Statement; Continuing Disclosure. (a) Preliminary Official Statement Deemed Final. The Designated Representative shall review and, if acceptable to him or her, approve the preliminary Official Statement prepared in connection with each sale of a Series to the public or through a Purchaser as placement agent. For the sole purpose of the Purchaser's compliance with paragraph (b)(1) of Rule 15c2-12, if applicable, the Designated Representative is authorized to deem that preliminary Official Statement final as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12. The City authorizes and approves the distribution to 21 FG: 102363683.2 Packet Pg. 391 10.1.a potential purchasers of the Bonds of a preliminary Official Statement that has been approved by the Designated Representative and, if applicable, deemed final, in accordance with this subsection. (b) Approval of Final Official Statement. The City approves the preparation of a final Official Statement for each Series to be sold to the public or through a Purchaser as placement agent, in the form of the preliminary Official Statement that has been approved and, if applicable, deemed final, in accordance with subsection (a) of this Section, with such modifications and amendments as the Designated Representative deems necessary or desirable, and further authorizes the Designated Representative to execute and deliver such final Official Statement to the Purchaser. The City authorizes and approves the distribution to purchasers and potential purchasers of the Bonds of that final Official Statement so executed and delivered. 0 m (c) Undertaking to Provide Continuing Disclosure. If necessary to meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to the Purchaser acting as a, participating underwriter for a Series, the Designated Representative is authorized to execute a M written undertaking to provide continuing disclosure for the benefit of holders of the Series in ry substantially the form attached as Exhibit D to this ordinance, which is incorporated herein by o this reference. to Section 21. Amendatory Ordinances. (a) This ordinance shall not be modified or amended in any respect subsequent to the initial issuance of the Bonds, except as provided in and in accordance with and subject to the provisions of this Section. (b) The City, from time to time, and at any time, without the consent of or notice to the Registered Owners, may pass amendatory ordinances as follows: (1) To cure any formal defect, omission, inconsistency, or ambiguity in this ordinance in a manner not adverse to the registered owner of any Parity Bonds; (2) To impose upon the Registrar (with its consent) for the benefit of the registered owners of the Parity Bonds any additional rights, remedies, powers, authority, security, liabilities, or duties that may lawfully be granted, conferred, or imposed and that are not contrary to or inconsistent with this ordinance as theretofore in effect; (3) To add to the covenants and agreements of, and limitations and restrictions upon, the City in this ordinance other covenants, agreements, limitations, and restrictions to be observed by the City that are not contrary or inconsistent with this ordinance as theretofore in effect; (4) To confirm, as further assurance, any pledge under, and the subjection to any claim, lien, or pledge created or to be created by, this ordinance of any other money, securities, or funds; (5) To authorize different denominations of the Bonds and to make correlative amendments and modifications to this ordinance regarding exchangeability of Bonds of different authorized denominations, redemptions of portions of Bonds of 22 FG: 102363683.2 Packet Pg. 392 10.1.a particular authorized denominations, and similar amendments and modifications of a technical nature; (6) To modify, alter, amend, or supplement this ordinance in any other respect that is not materially adverse to the registered owners of the Parity Bonds and which does not involve a change described in subsection (c) of this Section; and (7) Due to a change in federal law or rulings, to maintain the exclusion from gross income of the interest on the Tax -Exempt Bonds from gross income for federal income tax purposes. (c) Except for any amendatory ordinance passed pursuant to subsection (b) of this Section, subject to the terms and provisions contained in this subsection (c) and not otherwise: (1) Registered owners of a majority in aggregate principal amount of the Parity Bonds then outstanding shall have the right from time to time to consent to the passage of any amendatory ordinance deemed necessary or desirable by the City for the purpose of modifying, altering, amending, supplementing, or rescinding, in any particular, any of the terms or provisions contained in this ordinance. However, consent by the registered owners of all the Bonds then outstanding is required for any amendatory ordinance authorizing: (i) a change in the times, amounts, or currency of payment of the principal of or interest on any outstanding Bond, or a reduction in the principal amount or redemption price of any outstanding Bond or a change in the redemption price of any outstanding Bond or a change in the method of determining the rate of interest thereon; (ii) a preference or priority of any Bond or Bonds or any other Bond or Bonds; or (iii) a reduction in the aggregate principal amount of Bonds. (2) Any amendatory ordinance passed for any of the purposes of this subsection (c) shall not become effective except in accordance with this paragraph (c)(2). Upon passage of any such amendatory ordinance, the City shall cause notice of the proposed ordinance to be given by first class United States mail to the registered owners of the Parity Bonds then outstanding and to each Rating Agency. The notice shall briefly describe the proposed ordinance and shall state that a copy is available from the Finance Director for inspection. The amendatory ordinance shall become effective in substantially the form described in the notice only if within two years after mailing of such notice, the City has received (i) the required consents, in writing, of the registered owners of the Parity Bonds (or of the Bonds, as applicable) and (ii) an opinion of Bond Counsel stating that such amendatory ordinance is permitted by this ordinance; that upon the effective date thereof, it will be valid and binding upon the City in accordance with its terms; and that its passage will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Tax -Exempt Bonds. (3) If registered owners of not less than the percentage of Parity Bonds (or Bonds, as applicable) required by this subsection (c) have consented, no owner of the Parity Bonds shall have any right to object to the passage of the ordinance (or to any of the terms and provisions contained therein or the operation thereof), or in any 23 FG: 102363683.2 Packet Pg. 393 10.1.a manner to question the propriety of the passage thereof, or to enjoin or restrain the City from passing, or from taking any action pursuant to, the same. (d) The Registered Owner of each Bond, by taking and holding the Bond, shall be deemed to have consented to the passage by the City of any amendatory ordinance to establish a separate Reserve Requirement for any or all of the 2020 Bonds, the Refunding Bonds, the Bonds, or any Future Parity Bonds, which may be zero, and to establish one or more separate reserve subaccounts for any or all of the 2020 Bonds, the Refunding Bonds, the Bonds, or any Future Parity Bonds. (e) Registered owners of the Parity Bonds may be deemed to have notice of and have consented to the passage of any amendatory ordinance so long as (1) the Parity Bond Authorizing Ordinance includes the nature of the proposed amendatory ordinance and states that registered owners of the Parity Bonds will be deemed to have consented to its passage and (2) the preliminary official statement, if any, and official statement, if any, for the Parity Bonds includes the nature of the proposed amendatory ordinance and states that registered owners of the Parity Bonds will be deemed to have consented to its passage. (f) An underwriter of Parity Bonds, either in its capacity as an underwriter or remarketing agent, or as agent for or in lieu of registered owners of the Parity Bonds, may consent to the passage of an amendatory ordinance. (g) Upon the effective date of any amendatory ordinance passed pursuant to the provisions of this Section, this ordinance shall be amended in accordance therewith, and the respective rights, duties, and obligations under this ordinance of the City, the Registrar, and all Registered Owners of Bonds then outstanding shall thereafter be determined, exercised, and enforced under this ordinance subject in all respects to such amendments. Section 22. Amendment of Ordinance No. 4309. Paragraph (ii) of Exhibit A of Ordinance No. 4309 is hereby amended to read as follows (deleted language is stfU& *hFE),, and added language is double underlined): Each Bond shall be dated the Issue Date, which date may not be later than one year after the effective date of this or-dinan Ordinance No. Section 23. General Authorization and Ratification. The Designated Representative and other appropriate officers of the City are each individually authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of each Series to the Purchaser and for the proper application, use, and investment of the proceeds of the Bonds. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 24. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be 24 FG: 102363683.2 Packet Pg. 394 10.1.a modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 25. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law and is not subject to referendum. PASSED by the City Council and APPROVED by the Mayor of the City of Edmonds, Washington, at an open public meeting thereof, this day of 92024. ATTEST: City Clerk APPROVED AS TO FORM: FOSTER GARVEY P.C. Bond Counsel Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Mayor 25 FG: 102363683.2 Packet Pg. 395 10.1.a Exhibit A PARAMETERS FOR FINAL TERMS OF THE BONDS (i) Principal Amount. The Bonds may be issued in one or more Series and shall not exceed the aggregate principal amount of $13,000,000. (ii) Date or Dates. Each Bond shall be dated the Issue Date, which date may not be later than one year after the effective date of this ordinance. (iii) Denominations, Name. The Bonds shall be issued in Authorized Denominations and shall be numbered separately in the manner and shall bear any name and additional designation as deemed necessary or appropriate by the Designated Representative. (iv) Interest Rates. Each Bond shall bear interest at a fixed rate per annum (computed on the basis of a 360-day year of twelve 30-day months) from the Issue Date or from the most recent date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for the Bonds. No rate of interest for any Bond may exceed 5.50%, and the true interest cost to the City for each Series may not exceed 5.25%. (v) Payment Dates. Interest shall be payable semiannually on dates acceptable to the Designated Representative, commencing no later than one year following the Issue Date. Principal payments shall commence on a date acceptable to the Designated Representative and shall be payable at maturity or in mandatory redemption installments on dates acceptable to the Designated Representative. (vi) Final Maturity. Each Series shall mature no later than 21 years after the Issue Date. (vii) Redemption Rights. The Designated Representative may approve in the Bond Purchase Contract provisions for the optional and mandatory redemption of Bonds, subject to the following: (1) Optional Redemption. Any Bond may be designated as being (A) subject to redemption at the option of the City prior to its maturity date on the dates and at the prices set forth in the Bond Purchase Contract; or (B) not subject to redemption prior to its maturity date. If a Bond is subject to optional redemption prior to its maturity, it must be A-1 FG: 102363683.2 Packet Pg. 396 Exhibit A 10.1.a first subject to such redemption on a date that is not more than 101/2 years after the Issue Date. (2) Mandatory Redemption. Any Bond may be designated as a Term Bond, subject to mandatory redemption prior to its maturity on the dates and in the amounts set forth in the Bond Purchase Contract. (viii) Price. The purchase price for each Series may not be less than 95% or more than 135% of the stated principal amount of the Series. (ix) Other Terms. The Designated Representative may determine the following: (1) Tax Status. Any or all of the Bonds may be designated as Tax -Exempt Bonds. (2) Credit Enhancement. If determined to be in the best interest of the City, bond insurance or other credit enhancement may be provided for any or all of the Bonds, and the Designated Representative may accept such additional terms, conditions, and covenants determined to be in the best interest of the City, consistent with this ordinance. A-2 FG: 102363683.2 Packet Pg. 397 10.1.a Exhibit B PARITY CONDITIONS FOR ISSUANCE OF FUTURE PARITY BONDS The City may issue Future Parity Bonds the payment of the principal of and interest on which is secured by a lien and charge on Net Revenue and ULID Assessments on a parity with the lien and charge on Net Revenue and ULID Assessments that secure payment of the principal of and interest on the Bonds if and only if the following conditions are met and complied with at the time of issuance of the Future Parity Bonds: m (a) There may not be any deficiency in the Principal and Interest Account or the N Reserve Account of the Bond Fund. c 0 (b) The Future Parity Bond Authorizing Ordinance must require that all ULID 00 Assessments levied in connection with the Future Parity Bonds be paid directly into the Bond Fund. (c) The Future Parity Bond Authorizing Ordinance must provide for the payment of the principal thereof and interest thereon out of the Bond Fund. (d) The Future Parity Bond Authorizing Ordinance must provide for the deposit into the Reserve Account of amounts, if any, necessary to comply with the Reserve Requirement and Section 11. (e) The City must have on file either: (1) A certificate from an Independent Utility Consultant showing that, in his or her professional opinion, the annual Net Revenue available for debt service on the Parity Bonds then outstanding and the Future Parity Bonds proposed to be issued shall, for each year, be at least equal to the Coverage Requirement. In making such certification, the Net Revenue for any 12 consecutive calendar months out of the immediately preceding 24 consecutive months shall be used, and the following adjustments may be made to the historical Net Revenue: (i) Any rate change that has taken place or been approved, may be reflected; (ii) Revenue may be added from customers actually added to the Water and Sewer Utility subsequent to the 12-month period; (iii) Revenue may be added from customers to be served by the improvements being constructed out of the proceeds of the Future Parity Bonds to be issued; (iv) A full year's revenue may be included from any customer being served, but who has not been receiving service for the full 12-month period; and (v) Actual or reasonably anticipated changes to the Operating and Maintenance Expenses subsequent to the 12-month period shall be added or deducted, as applicable; or FG: 102363683.2 Packet Pg. 398 10.1.a Exhibit B (2) A certificate of the Finance Director showing that, in his or her professional opinion, the annual Net Revenue available for debt service on the Parity Bonds then outstanding and the Future Parity Bonds proposed to be issued shall, for each year, be at least equal to the Coverage Requirement. In making such certification, the Finance Director shall assume that (A) the proposed Future Parity Bonds will remain outstanding to their scheduled maturities and (B) any Parity Bonds to be refunded by the Future Parity Bonds are not outstanding. The Finance Director shall not make any of the adjustments referred to above. However, if the Future Parity Bonds are being issued for the sole purpose of refunding Parity Bonds then outstanding (including paying costs of issuance and providing for the U) Reserve Requirement), no coverage certification is required if, as result of the issuance of those Future Parity Bonds, (a) in each year that the Future Parity Bonds are scheduled to ° m remain outstanding, the Annual Debt Service on the Future Parity Bonds to be issued is not increased by more than $5,000 over the Annual Debt Service for that year of the 5 Parity Bonds being refunded, and (b) the final maturity of the Future Parity Bonds to be issued is not more than one year after the Parity Bonds being refunded. In addition, no M coverage certification is required if the aggregate principal amount of the Future ParityCO Bonds being issued does not exceed the aggregate amount of ULID Assessments levied c in connection with the issuance of the Future Parity Bonds by more than $5,000 plus any c amount of the proceeds of such Future Parity Bonds deposited into the Reserve Account. IM FG: 102363683.2 Packet Pg. 399 10.1.a Exhibit C DESCRIPTION OF PLAN OF ADDITIONS The planned additions and betterments to the Water and Sewer Utility consist of those set forth in the City's Capital Improvement Program, as it may be amended from time to time by the City Council (the "CIP"). A summary of the improvements expected to be financed, in whole or in part, with proceeds of the Bonds is as follows: Stormwater N W • Phase 4, 5, 6, and 7 Annual Stormwater replacement and rehabilitation projects for repair and replacement of stormwater pipe and related appurtenances due to age and undesirable m° pipe material and a need to improve conveyance. 5 • Stormwater Fund Contribution to Transportation Projects that include storm drainage infrastructure replacement and rehabilitation. ry Water • Yost and Seaview Reservoir Repairs and Upgrades for needed maintenance and structural upgrades to the 1.5 Million Gallon underground drinking water reservoir located in Yost Park and the 1.5 Million Gallon underground drinking water reservoir located in the Seaview Neighborhood. • Phase 14, 15, 16, and 17 Annual Water Main replacement projects for repair and replacement of water mains and related appurtenances due to age and undesirable pipe material and a need to improve flows. • Water Fund Contribution to Transportation Projects that include water infrastructure for replacement and rehabilitation. C-1 FG: 102363683.2 Packet Pg. 400 10.1.a Exhibit D Form of UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE City of Edmonds, Washington Water and Sewer Revenue Bonds, [Series] The City of Edmonds, Washington (the "City"), makes the following written Undertaking for the benefit of the holders of the above -referenced bonds (the "Bonds"), for the sole purpose of assisting the Purchaser in meeting the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Bonds. Capitalized terms used but not defined N below shall have the meanings given in Ordinance No. of the City. c 0 (a) Undertaking to Provide Annual Financial Information and Notice of Listed 00 Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: N (i) Annual financial information and operating data of the type included in the final official statement for the Bonds, as described in paragraph (b)(i) ("annual financial information"); (ii) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non- payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 — TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership, or similar event of the City, as such "bankruptcy events" are defined in Rule 15c2-12; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) appointment of a successor or additional trustee or the change of name of a trustee, if material, (15) incurrence of a financial obligation of the City or obligated person, if material, or D-1 FG: 102363683.2 Packet Pg. 401 10.1.a Exhibit D agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City or obligated person, any of which affect security holders, if material; and (16) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the City or obligated person, any of which reflect financial difficulties. The term "financial obligation" means a (A) debt obligation; (B) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (C) guarantee of (A) or (B). The term "financial obligation" shall not y include municipal securities as to which a final official statement has been N provided to the MSRB consistent with Rule 15c2-12. 0 CO (iii) Timely notice of a failure by the City to provide the required annual financial information described in paragraph (b)(i) on or before the date 5 specified in paragraph (b)(ii). (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in paragraph (a): (i) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with generally accepted accounting principles applicable to local governmental units of the State such as the City, as such principles may be changed from time to time; (2) annual operating statistics for each of the component utility systems, as follows: number of customer accounts, a statement of gross and net revenues, total annual water consumption, and average daily water consumption; (3) monthly or bi-monthly rates and charges for each of the component utility systems; and (4) a statement of the coverage ratio for the fiscal year; (ii) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, ; and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. If not submitted as part of the annual financial information described in paragraph (b)(i) above, the City will provide or cause to be provided to the MSRB audited financial statements, when and if available. (c) Amendment of Undertaking. This Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, D-2 FG: 102363683.2 Packet Pg. 402 10.1.a Exhibit D dealer, municipal securities dealer, participating underwriter, rating agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. (d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the holder of each Bond, and shall not inure to the benefit of or create any rights in any other person. N W (e) Termination of Undertaking. The City's obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City's obligations under C m this Undertaking shall terminate if those provisions of Rule 15c2-12 which require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any, reason, as confirmed by an opinion of Bond Counsel delivered to the City, and the City provides M timely notice of such termination to the MSRB. ry (f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with the Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take action to compel the City or other obligated person to comply with this Undertaking, including seeking an order of specific performance from an appropriate court. (g) Designation of Official Responsible to Administer Undertaking. The Finance Director of the City or his or her designee is authorized to take such further actions as may be necessary, appropriate or convenient to carry out this Undertaking in accordance with Rule 15c2-12, including the following actions: (i) Preparing and filing the annual financial information undertaken to be provided; (ii) Determining whether any event specified in paragraph (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence; (iii) Determining whether any person other than the City is an "obligated person" within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person in accordance with Rule 15c2-12; (iv) Selecting, engaging and compensating designated agents and consultants, including but not limited to municipal advisors and legal counsel, to assist and advise the City in carrying out the Undertaking; and D-3 FG: 102363683.2 Packet Pg. 403 10.1.a Exhibit D (v) Effecting any necessary amendment of the Undertaking. C O m N O N 06 I N C O E M W C O E t t� r r Q 2 FG: 102363683.2 Packet Pg. 404 10.1.a CERTIFICATION I, the undersigned, City Clerk of the City of Edmonds, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on , 2024, as that ordinance appears on the minute book of the City; N W 2. The Ordinance will be in full force and effect five days after publication in the City's official newspaper, which publication date is expected to be , 2024; and c m 3. A quorum of the members of the City Council was present throughout the meeting and a majority of its members voted in the proper manner for the passage of the Ordinance. Dated: , 2024. CITY OF EDMONDS, WASHINGTON City Clerk FG: 102363683.2 Packet Pg. 405 10.2 City Council Agenda Item Meeting Date: 05/21/2024 Ordinance Changing the Date of Monthly Council Committee Meetings Staff Lead: City Council Department: City Clerk's Office Preparer: Scott Passey Background/History Council Committee meetings are detailed in ECC 1.04.010 - Regular Public Meeting Times. It currently specifies that regular committee meetings occur on the second Tuesday of the month. Recommendation Adopt the proposed ordinance changing committee meetings from the second to the third Tuesday on the next available consent agenda. Narrative It has been determined that changing the monthly committee meetings from the second Tuesday to the third Tuesday of the month would allow staff to include the most current monthly financial report in the Finance Committee meeting packet. This change is amenable to the current council members of the committee as well as city staff. Attachments: Ordinance Changing Committees to Third Tuesday Packet Pg. 406 10.2.a ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CHANGING THE REGULAR MEETING DATE OF CITY COUNCIL COMMITTEE MEETINGS. WHEREAS, the city council has the power to organize and regulate its internal affairs under RCW 35A.11.020; and WHEREAS, the city council has determined that regular city council committee meetings should occur on the third Tuesday of each month to coincide with the release of monthly financial reports; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1.04.010 of the Edmonds City Code, entitled "Regular public meeting time and days," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in st+ike 4ffaiigh): 1.04.010 Regular public meeting time and days. A. Full Council. Regular meetings of the city council shall be held on every Tuesday of every month at 7:00 p.m., except for the sesend third and fifth Tuesdays of any month, the last Tuesday of August, and the first Tuesday of September. Regular meetings of the city council shall be held as a hybrid meeting that is accessible both virtually and in -person and where the in -person component is conducted in the Council Chambers, Public Safety Complex, 250 Fifth Avenue N., Edmonds, Washington. Council meetings shall adjourn no later than 10:00 p.m. on the day initiated unless such adjournment is extended by an affirmative vote of a majority of the council as a whole plus one. B. Council Committees. The city council shall have the following standing committees: finance; parks and public works ("PPW"); public safety, planning, human services, and personnel ("PSPHSP"). Regular meetings of the city council standing committees shall be held on the seEend third Tuesday of every month. Councilmembers and staff may attend all committee meetings virtually. Members of the public may view the meeting virtually from their own device or from a monitor provided by the city in the city council conference room, 121 5th Avenue North, Edmonds WA 98020. The respective regular committee meeting times shall be as follows: (1) PSPHSP shall commence at 3:30 p.m. and end at 5:30 p.m.; (2) finance shall commence at 5:30 p.m. and end at 7:30 p.m.; and (3) PPW shall Packet Pg. 407 10.2.a commence at 1:30 p.m. and end at 3:30 p.m. Recordings of city council standing committee meetings shall be made and posted online. Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: May 15, 2024 PASSED BY THE CITY COUNCIL: May 28, 2024 PUBLISHED: May 31, 2024 EFFECTIVE DATE: June 5, 2024 ORDINANCE NO. XXXX Packet Pg. 408 10.2.a SUMMARY OF ORDINANCE NO. XXXX of the City of Edmonds, Washington On the 281h day of May, 2024, the City Council of the City of Edmonds, passed Ordinance No. . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CHANGING THE REGULAR MEETING DATE OF CITY COUNCIL COMMITTEE MEETINGS. The full text of this Ordinance will be mailed upon request. DATED this 28th day of May, 2024. 3 CITY CLERK, SCOTT PASSEY Packet Pg. 409