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2024-06-11 Council Packet1 2. of c�,y s Agenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 JUNE 11, 2024, 7:00 PM REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. TO ATTEND VIRTUALLY, CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM.US/J/95798484261 BY PHONE: +1 253 215 8782 WEBINAR ID: 957 9848 4261 CALL TO ORDER/FLAG SALUTE LAND ACKNOWLEDGEMENT 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 4. PRESENTATION S. 6 7 1. Juneteenth Proclamation (5 min) APPROVAL OF THE AGENDA AUDIENCE COMMENTS THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. IF USING A COMPUTER OR SMART PHONE, RAISE A VIRTUAL HAND TO BE RECOGNIZED. IF USING A DIAL - UP PHONE, PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Meeting Minutes May 28, 2024 2. Approval of claim checks and wire payments. 3. Approval of payroll and benefit checks, direct deposit and wire payments. Edmonds City Council Agenda June 11, 2024 Page 1 4. Approval of Public pedestrian easement along 76th Ave W adjacent to 22224 76th Ave W 5. Teamsters Local 763 Commanders 2023-2025 1 Collective Bargaining Agreement 6. 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." 8. COUNCIL BUSINESS 1. Transportation Plan Update (30 min) 2. Resolution for Annexation into RFA (45 min) 9. COUNCIL COMMENTS 10. MAYOR'S COMMENTS ADJOURNMENT Edmonds City Council Agenda June 11, 2024 Page 2 4.1 City Council Agenda Item Meeting Date: 06/11/2024 Juneteenth Proclamation Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Juneteenth commemorates the day on June 19, 1865, when African slaves in Texas were told by Major General Gordon Granger that their 246 years of slavery had ended. It is the oldest known celebration commemorating the ending of slavery in the United States. Staff Recommendation Information only. Narrative To honor the history of African -American and Black people, their heritage, culture, achievements, and contributions, the City of Edmonds recognizes June 19 as Juneteenth Independence Day. Attachments: 2024 Juneteenth Proclamation Packet Pg. 3 4.1.a PrIorriamativIll City of Edmonds •Office of the Mayor JUNETEENTH DAY OF OBSERVANCE, 2024 WHEREAS, President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, which directed, "...all persons held as slaves within any State or designated part of a State, the people whereof shall then be in = rebellion against the United States, shall be then, henceforward, and forever free"; and 0 w WHEREAS, the Emancipation Proclamation did not instantly free enslaved peoples because it only applied to places under M E Confederate control and not to border states or rebel areas under Union control that enslaved people; and 0 0 L WHEREAS, Juneteenth commemorates the day on June 19, 1865, when enslaved Black and African Americans in Texas were a told by Major General Gordon Granger that their 246 years of enslavement had ended; and t WHEREAS, news of the end of enslaved peoples did not reach the frontier areas of the United States until months after the m m conclusion of the Civil War, more than 2 Y: years after President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863; and 7 WHEREAS, enslaving people was not officially abolished until the ratification of the 13th Amendment to the Constitution of c 0 the United States in December 1865; and M WHEREAS, Juneteenth is the oldest known celebration commemorating the ending of enslaving people in the United ca 0 States; and 0 WHEREAS, Juneteenth symbolizes for many Blacks and African Americans what the Fourth of July does for all Americans — liberty, freedom, and justice for all; and WHEREAS, Juneteenth is a day for us to reflect on the suffering caused by enslavement, acknowledge the evils of hatred and w m 3 discrimination, and commit to being allies of our Black and African American friends, family, and neighbors; and N WHEREAS, Africans who were enslaved left a legacy of determination, strength, heroism, and hope, and Juneteenth is a c N time for Blacks and African Americans and their fellow Americans to celebrate and honor this legacy; and c m WHEREAS, the City of Edmonds recognizes the history of African American and Black people, including the obstacles placed E before them through institutionalized racism, and values their heritage, culture, achievements, and contributions; and 0 w Q WHEREAS, the City of Edmonds commends organizations such as the Snohomish County Branch of the National Association for the Advancement of Colored People, Communities of Color Coalition, the Lift Every Voice Legacy, Snohomish County Black Heritage Society, the City of Edmonds Diversity, Equity, Inclusion and Accessibility Commission, the Edmonds School District, and others for their continued efforts to secure equity, inclusion and equal rights in all facets of American life and ensure opportunity for all; and WHEREAS, in 2021 the Washington State Legislature and Governor established Juneteenth as a legal state paid holiday; NOW, THEREFORE, I, Mike Rosen, Mayor of the City of Edmonds, do hereby proclaim June 19, 2024, as Juneteenth Day of Observance and call upon the citizens of Edmonds to celebrate the emancipation of all Black Americans and Commit together to eradicate systemic racism and inequity that can never be tolerated and must always be fought against. Mayor Mike Rosen —June 11, 2024 Packet Pg. 4 7.1 City Council Agenda Item Meeting Date: 06/11/2024 Approval of Council Meeting Minutes May 28, 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: 2024-05-28 Council Minutes Packet Pg. 5 7.1.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES May 28, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Will Chen, Council President Pro Tem Chris Eck, Councilmember Neil Tibbott, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Oscar Antillon, Public Works Director Kim Dunscombe, Deputy Admin. Serv. Director Jessica Neill Hoyson, HR Director Jeff Taraday, City Attorney Nicholas Falk, Deputy City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 7 pm by Mayor Rosen in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Eck read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL Deputy City Clerk Nicholas Falk called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM CHEN, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM CHEN, TO REMOVE ITEM 8.4, RESOLUTION FOR PURSUING ANNEXATION INTO REGIONAL FIRE AUTHORITY, FROM THE AGENDA AND POSTPONE TO A DATE UNCERTAIN. Councilmember Tibbott preferred the council focus on Business Item 8.3, noting additional information has arisen in the last week that is worthy of future discussion. He anticipated as a result of tonight's discussion, a number of questions will arise so it makes sense to postpone that item. Edmonds City Council Draft Minutes May 28, 2024 Page 1 Packet Pg. 6 7.1.a Councilmember Paine asked what additional information would be provided. Councilmember Tibbott anticipated questions that would arise from tonight's discussion as well as questions he received via email today. Council President Pro Tern Chen commented one of the topics that requires more discussion and more time is buying back rolling stock and equipment from South County Fire. Councilmember Nand asked how delaying the request for annexation would affect the potential timeline for bringing the matter to the ballot for voters. Mayor Rosen answered depending on how soon the council brings it back, he assumed it would be okay. He continues to gather information as part of his own function as well as in response to questions from council; the administration is gathering information in a parallel process. He assured he will speak up if he feels it is getting too close. Councilmember Nand said given the timeline of 18-24 months and up to 36 months for certain alternatives, it would be prudent for the council to vote tonight whether to request annexation. AMENDMENT CARRIED (4-3), COUNCILMEMBERS PAINE, NAND AND ECK VOTING NO. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Greg Thode, Edmonds, a general contractor with Golden Coast Construction and Restoration, representing Shiao Yen Wu, an Edmonds property owner, explained they are halfway through the process of rebuilding the Firdale Village property destroyed by fire. It has been great working with building staff. As they neared the end of the process, a tenant who operates a daycare wanted to expand which will change the mini -mart space to daycare. A notice was received from the City two weeks ago stating there will be a 3-6 month delay for review for a special use permit to allow a daycare. He has documentation that a use permit was already approved by council in 2003, a daycare is allowed by the zoning, and the existing daycare wants to expand. He provided written documentation. Shiao Yen Wu, Seattle, said she has owned and managed Firdale Village for 40 years. Four years ago, two fires occurred during two months, one an arson and the other a kitchen fire. Since then, the nightmare started including the pandemic and then obtaining building permits. They are anxious to get the building renovations completed and would appreciate the council helping them out. She was proud to be a part of the Edmonds community and make a contribution to the community. Bill Krepick, Woodway, referred to his previous comments regarding fire and EMS and annexation into the regional fire authority. He was glad the council voted to postpone the resolution related to annexation as he felt that was the right thing to do. There are a lot of open questions related to how the alternatives are valued, and how the pros and cons are weighed in terms of Edmonds and its taxpayers. In his analysis of documents including the 2009 budget and the 2022 ILA revision, it appears there are a lot of holes in Fitch's analysis. The information Fitch provided was little more than a sale pitch of South County Fire's statements regarding benefits of scale for regional operations. The holes in Fitch's analysis add up to a substantial amount of money, $8 million of potential benefits to Edmonds in terms of cost reduction or actual revenue. He hoped the Blue Ribbon Panel could take a hard look at the questions he outlined. There is a lot of potential for revenue that could change the way the City looks at establishing an Edmonds Fire Department. He hoped the council would utilize financial experts other than Fitch as he did not think Fitch understood the totality of how to do the analysis. Jim Ogonowski, Edmonds, repeated the questions he asked previously about the utility bond issues later on the agenda. First, it seems premature to consider bonding before the Blue Ribbon Panel has made a Edmonds City Council Draft Minutes May 28, 2024 Page 2 Packet Pg. 7 7.1.a recommendation on a recovery plan. He asked if the council had received a recommendation from the Blue Ribbon Panel for a recovery plan which would potentially include bonds. Second, does the administration intend to borrow from the utility funds to support City needs such as the General Fund, Street Fund, etc.? The council's decision on the utility bonds does not have to be made tonight as this is not a time -sensitive issue, there is time to do the bonds, and interest rates are still high. He suggested doing due diligence on issuing $11 million in utility bonds versus just refinancing the bonds, get the Blue Ribbon Panel to weight in, and get the underlying information that is needed to make an informed decision. 6. RECEIVED FOR FILING 7. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM CHEN, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COMMITTEE MEETING MINUTES MAY 14, 2024 2. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 3. SN0911 ILA UPDATES 4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT 5. ORDINANCE CHANGING THE DATE OF MONTHLY COUNCIL COMMITTEE MEETINGS 8. COUNCIL BUSINESS CONFIRMATION OF MUNICIPAL JUDGE APPOINTMENT HR Director Jessica Neill Hoyson advised this is the judicial appointment of Neill Weiss. She provided an overview of the process; the City solicited applications for the appointment and received six applications. She and Bob Berkowitz, the City's public defense assessor, reviewed the applications for minimum qualifications. Four moved on to a panel interview comprised of representatives from the court and law enforcement. Three candidates moved on to interviews with Mayor Rosen and were advanced to interviews with council. Following the council's interviews, council provided feedback to Mayor Rosen. Background checks including criminal, financial and bar association were conducted for all the candidates and Mr. Berkowitz conducted reference checks. Following that process, Mayor Rosen selected Neil Weiss who is presented to council for confirmation as the municipal court judge. COUNCIL PRESIDENT PRO TEM CHEN MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE APPOINTMENT OF NEIL WEISS TO THE POSITION OF MUNICIPAL COURT JUDGE EFFECTIVE JUNE 17, 2024. Councilmember Paine expressed her appreciation for all the candidates who put their names forward; they were all fine candidates. She was very pleased with the mayor's choice that the council will be confirming tonight. Council President Pro Tem Chen commented on how lucky the community is to have so many qualified candidates who not only have the technical knowledge and expertise but also have the heart for the community and the cases that come to the municipal court. He applauded Mayor Rosen for selecting one of the best and looked forward to the council working with soon -to -be Judge Weiss. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Draft Minutes May 28, 2024 Page 3 Packet Pg. 8 7.1.a 2. UTILITY BOND ORDINANCE Deputy Administrative Services Director Kim Dunscombe advised the recommended motion from last week's presentation to council should have been to move this to the consent agenda but as the agenda memo did not state that, it was moved to full council. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE DELEGATION BOND ORDINANCE. Councilmember Nand explained for the public that this is a time sensitive matter and the hope is to expedite it as quickly as possible to keep sewer and water running. She thanked the finance department and bond counsel for their hard work, recalling the financial modeling at last week's meeting was very transparent. This will provide savings and given the City's financial situation, it is a prudent decision to support this refinancing. Council President Pro Tern Chen recalled approximately $9 million in the bonds is for the reservoir projects. He asked if there was a timing issue related to when those projects needed to be done. Public Works Director Oscar Antillon advised work has already begun on the reservoirs. The $9 million is for the reservoirs and stormwater projects that will be constructed over the next few years. MOTION CARRIED UNANIMOUSLY. 3. OPTIONS FOR CITY OF EDMONDS FIRE/EMS SERVICES Councilmember Tibbott explained this was on the PSPHSP Committee agenda two weeks ago and the committee recommended South County Fire Regional Fire Authority as a preferred alternative. He emphasized this resolution does not obligate the City to any one of the options tonight. There is an ongoing conversation about fire service; however, the intent is to bring focus to a preferred alternative so the council can begin to get answers more quickly and as expected, it generated more questions and additional information from the community. He identified factors discussed by the PSPHSP Committee supporting the RFA as their preferred alternative: • Cost savings • Operational Continuity • Cooperative Agreements • Service Expertise • Long-range Planning Councilmember Tibbott explained cost savings and operation continuity are well outlined in the Fitch report included in tonight's packet. Cooperative agreements, service expertise, and long-range planning are benefits that emerged as the council and committee discussed the RFA as a preferred alternative and are well documented in the meeting minutes. This agenda item is an opportunity for the council to consider the resolution and factors that help bring focus to a decision. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER ECK, THAT THE COUNCIL ADOPT THE RESOLUTION ATTACHED TO THE PACKET THIS EVENING FOR THE PREFERRED ALTERNATIVE FOR FIRE AND EMERGENCY MEDICAL SERVICES WHICH AUTHORIZES THE MAYOR TO PURSUE NEXT STEPS REGARDING THIS ALTERNATIVE. Councilmember Tibbott suggested the council deliberate on the merits of the resolution before making amendments. Edmonds City Council Draft Minutes May 28, 2024 Page 4 Packet Pg. 9 Councilmember Eck commented related to the five main factors identified by the PSPHSP Committee, the committee and the council take this matter very seriously. No one is charging ahead without doing due diligence and looking at all factors as well as benefits of Edmonds having its own fire department in the past, what is no longer a benefit due to changes that have occurred, what is good for the City today, and what the City should be responsible for as a municipality and weighing all those factors. The council is trying to be very thoughtful in their approach and she appreciated all the comments provided by the public to ensure the council has a dialogue and covers every aspect of this issue, particularly moving forward. She wanted to ensure the level of seriousness was understood. Councilmember Paine commented on her experience this past week doing a ridealong with SCF and their community resources paramedic (CRP) program. She found it fascinating to see the number of and quality of the service they provide the community. It was very thorough, the quality of services they provide included goal setting, case management and continuum of care for medical needs. The trained medical staff go in ahead of EMS services and help problem solve and work with families and individuals to get them the care they need. She referred to an email she sent councilmembers regarding her experience. During the ridealong, they did two planned visits and one emergency. It was very interesting to see how well received the service is and how thorough the personnel are. The CRP program, offered by SCF and likely other fire departments, is not well documented in the Fitch report. CRP is a valuable service to the community. To those interested in the City restarting its own fire department, one of the benefits of a larger organization is providing services like CRP due to the economy of scale. Councilmember Nand respectfully expressed her concern with the timeline and the council's approach. Last year the council voted on a resolution to request information on annexation into the RFA, a legally operative mechanism controlled by RCW and because the RCW language was amended, the SCF RFA board interpreted it as not triggering their obligation to begin undertaking the process of negotiating and providing information to the City, information that needs to be presented to voters to determine if they wish to support annexation into SCF. When that resolution was passed, there was more than 24 months remaining; the City is now at 19 months until the termination of the contract with SCF. She referred to packet page 152 or page 29 of the Fitch report, for which the City paid $45,000, which states the timeline to annex into SCF RFA is 18-24 months. The timeline for other options such as contracting with Shoreline Fire/EMS is 24-36 months and 36+ months to form Edmonds Fire Department. When looking at vital services such as fire and EMS, it is incumbent on the council to ensure the City is not in a position on December 31, 2025 of being out of contract with the provider of that vital service and in no position to do any cogent negotiation. Councilmember Nand continued, now that the City is at 19 months, it is incumbent on the council to request annexation into the RFA so the City can begin gathering information and participating in town halls necessary to present the ballot question and provide information to voters to allow them to determine whether they wish to be annexed into the RFA. The legally operative language of the resolution states the Council is authorizing the mayor to pursue next steps; however, annexation into the RFA is a process controlled by state statute. The RFA has made it clear for several years the steps the City needs to undertake which include passing the resolution in Agenda Item 8.4 tonight. She strongly encouraged council leadership and the administration to bring Agenda Item 8.4 back. This resolution is nice, but it was her understanding the mayor was already in conversation with the RFA and she didn't know what additional information this would yield until the council votes to request annexation and begin the formal process with the RFA. Council President Olson commented it would be confusing to pass this resolution when the council is in the process of taking in and dealing with new information. For example, in the context of the Fitch report being updated and corrected and tonight councilmembers are quoting lead times that were based somewhat on lead times for purchasing new equipment which is a fact that is not necessarily accurate anymore. Engaged residents, an asset to the community, researched and pointed that out. The council is in partnership Edmonds City Council Draft Minutes May 28, 2024 Page 5 Packet Pg. 10 7.1.a with residents and are better together. Research regarding the future of fire/EMS in Edmonds is underway. Everything other councilmembers have said is true that this doesn't obligate the council to a path; the intent of this resolution was to give direction to Mayor Rosen that there is so much to do with all three alternatives and the council was trying to help him prioritize and focus on what the council wanted to pursue as a priority option. It did not mean the council would cease researching the other options because if the voters don't approve a ballot measure to annex into the RFA, the other alternatives need to have been studied and be underway as well. Passing the resolution does help the administration prioritize. New information has come in and if the June 4 council study session is productive and all the council's questions are answered, the annexation resolution will come back to council on June 11. She reiterated it would be confusing to pass this resolution and she preferred the council choose not to do that tonight and bring it back at the June 4 study session or on June 11. Councilmember Dotsch agreed with Council President Olson, she was also confused with passing this resolution when new information is coming in that she felt should have been fleshed out with the analysis. She preferred to delay action on the resolution for a couple weeks while the council fleshed out the other alternatives and financials related to equipment and trucks. She found it confusing to be seeking information on other alternatives and passing a resolution related to annexing into the RFA. Council President Pro Tern Chen assured councilmember and the mayor are considering this decision very carefully; along with police, fire and emergency services are very important to residents and businesses and the council and mayor take it seriously. He recalled last year then -Council President Tibbott taking the initiative to engage Fitch & Associates to develop a study. New information and questions have arisen from within the organization and the public; the council should take the time necessary to do a thorough study and allow the administration time to answer the questions that have come up. Regardless of the option selected, the cost is not going down. He recalled coffee used to be $2-3 and now it's $6 plus a tip. Everything is going up; whatever option the council chooses, the cost will go up. Taking the time to do a thorough study is the right approach. Looking at the timeline, it's too late to put annexation on the November 2024 ballot; the next opportunity is November 2025. Allowing a couple more weeks for further study is the right thing to do. Councilmember Eck understood there was new information related to the potential for the City to buy back equipment that was viable as well as equipment that may need to be replaced fairly quickly. Although there are timelines associated with the alternatives, she did not want to rush. She agreed with Council President Pro Tem Chen, things are not going to cost less and although new information has come up in the last few days, it was not enough to change her mind based on criteria identified at the beginning of this discussion. She summarized the new information was not enough to change her decision or judgment that annexing into the RFA was the best option for the City. Councilmember Nand commented when the City received notice of contract termination from the RFA in December 2023, she recalled a constituent asking if the City would lose its fire department because the previous mayor had made that statement publicly. The constituent told her she had just survived a fatal fire and was very frightened. City leadership needs to make it abundantly clear to constituents, especially vulnerable people and those with trauma related to fire or who rely on the 9 minute response time in case a family member has a heart attack, that the City is being very cautious and deliberative to ensure their vital services will be fulfilled. The way this process is supposed to work is the City prepares a ballot question and voters decide whether to vote for annexation or not. This continual delay from 2023 and now into 2024 to present this ballot question to the voters was concerning to her as a councilmember. The council needs to cooperate with the RFA and request annexation because as a regional taxing authority, the RFA cannot devote the administrative time and overhead to hold town halls with Edmonds constituents until the council passes a resolution requesting annexation into the RFA, a process controlled by RCW because the RFA is Edmonds City Council Draft Minutes May 28, 2024 Page 6 Packet Pg. 11 7.1.a governed by state law. The RFA has been trying to fulfill their part of the process and have given contract termination notices to multiple cities. Councilmember Tibbott raised a point of order, requesting Councilmember Nand address the motion. Mayor Rosen advised she was addressing the motion. Councilmember Nand continued, stating her comments were no longer than councilmembers expressing reservations about presenting the question to voters. She wanted to make the argument and speak directly to constituents who are concerned about the future of fire and EMS. There is a process that other cities have gone through and it is incumbent on the council to ensure they are adhering to the timelines and the processes governed by state law. Councilmember Paine asked if annexation would be on the November 2024 or November 2025 ballot. Mayor Rosen advised it would be 2025, possibly April 2025. Councilmember Paine commented it would be helpful for the entire community to resolve the RFA question in 2024 in order to understand where the community is headed and then in 2025 if the voters choose not to join the RFA, the council will have to look at other options. She understood the need to have all the information, but one of the big pieces of information is what the voters will support. That is something the council cannot answer until it is put before the voters. She understood there was time to get it on the November ballot which was her preference. Other research will be useful in 2024 if the voters do not approve annexing into the RFA. Councilmember Dotsch preferred to have information ahead of time if the voters do not approve annexation into the RFA. It is important that the public is informed and she felt strongly the City needed to do its due diligence. She did not think a couple weeks' delay would be detrimental. MOTION CARRIED (5-2), COUNCILMEMBER DOTSCH AND COUNCIL PRESIDENT OLSON VOTING NO. 4. RESOLUTION FOR PURSUING ANNEXATION INTO REGIONAL FIRE AUTHORITY This item was removed from the agenda and postponed to an uncertain date via action taken under Agenda Item 4. Councilmember Eck relayed she had the honor of attending two Memorial Day events in Edmonds, at the Edmonds Cemetery and at the Veterans Plaza. She thought a lot about those who have died or have gone missing in service to the country. She was proud to live in a city that put in the effort for these two events. For those who did not have an opportunity to attend the events, including honoring Gold Star Families at Veterans Plaza, she encouraged them to attend next year. Citizens owe a debt to the families of the fallen or missing that can never be repaid. One important thing that can be done is consistently show that democracy works, something she hoped would continue to be shown in the City of Edmonds. Councilmember Tibbott reported he also attended the Memorial Day events and echoed Councilmember Eck's sentiments. It is a privilege to be part of a community that comes together to honor veterans and those who paid the ultimate sacrifice. Councilmember Tibbott spoke regarding the Fitch report, commenting he did not make these comments during the agenda item regarding the resolution as they were unrelated. He has had the privilege of working with Fitch & Associates on and offline this year as well as 7-8 years ago when they assisted the City with the contract with SCF. He emphasized Fitch consistently brings data driven, unbiased research to their clients which they did with Edmonds. The spreadsheets they prepared were enormous and gathered Edmonds City Council Draft Minutes May 28, 2024 Page 7 Packet Pg. 12 7.1.a information from interviews with SCF, Shoreline, Mukilteo, residents of Edmonds, etc. To those who have minimized the unbiased nature of Fitch & Associates, in the time he has worked with them, he has seen them challenge the RFA recommendations and their data. He recalled when Fitch assisted the City negotiate a contract with SCF, their analysis helped reduce the cost of the contract. He applauded their research, recognizing there are times when additional information arises. He looked forward to continuing the conversation related to the fire contract. It is important to remember the council hired a highly credible, well prepared authority on fire services and the data received was very credible. Council President Pro Tern Chen echoed the comments regarding the Memorial Day events. It is important for the community to honor and recognize those who sacrificed their lives for the freedom that citizens enjoy every day. He was able to get his son to come to the events and at the end, his son admitted he liked the program. Council President Pro Tern Chen reiterated the council and mayor take SCF's fire and EMS services very seriously. If the council decides to move forward with a resolution to request annexation, the outcome is dependent on the voters. If voters decide not to annex into SCF RFA, then the council and administration will need a Plan B which is something that needs to be worked on as well. Council President Olson echoed the sentiments of other councilmembers regarding Memorial Day and service members who perished defending the country and its ideals. She thanked Mayor Rosen for his remarks at the Edmonds ceremonies. It is difficult to give adequate honor to that sacrifice and he did as well as anyone ever has. As she mentioned previously regarding the future of fire and EMS services, Council President Olson thanked Edmonds resident and former Councilmember Ron Wambolt who remembered the contract requires the City buy rolling stock and fire houses upon contract termination for any reason and proceed to a fire and EMS service option that's other than joining the RFA. She appreciated the reasons other councilmembers wanted to proceed with the resolution, but it was strictly direction to the mayor regarding prioritizing time and effort related to exploring fire options. It doesn't mean the council isn't looking at other options; the City needs to be prepared for any possible eventuality. The administration received an email from Dr. Moeller from Fitch that addressed the impact of substituting the purchase of the rolling stock versus purchasing new equipment in the option 3 analysis. That email was forwarded to full council and will be included in the council packet for the June 4 special study session meeting regarding Fire/EMS RFA Annexation Choice. She reiterated the council has not made an indelible commitment via passing the resolution, and have only prioritized that option. She preferred not to approve it because she feared it would be confusing to the public, not because she didn't want to prioritize that option. Council President Olson was grateful that this was corrected informally; neither the Fitch consultant nor the council should be okay with the final report used going forward including the material mistake regarding the equipment purchase. By contract the City has to buy the rolling stock and does not have the option of buying new. It does effect the lead time which was one of the caveats for the council's consideration in the report. She did not expect it would change her opinion in the end regarding which is the best option, but it is imperative for the public and councilmembers who were quoting accurate and good information going forward that the report be corrected. She was hopeful Fitch felt the same way and would make that formal correction to the report. Council President Pro Tern Chen asked City Attorney Jeff Taraday about the timing of the ballot. He asked whether the deadline for the November 2024 had been missed. Mr. Taraday answered that was his general understanding, but he did not have the timetable in front of him. Council President Pro Tem Chen commented that was his understanding as well. Edmonds City Council Draft Minutes May 28, 2024 Page 8 Packet Pg. 13 7.1.a Councilmember Dotsch extended her thanks for a meaningful Memorial Day. Many volunteers and community groups put on great programs that people can attend and pay their respects. She thanked Mayor Rosen for his remarks. With regard to fire/EMS options, she assured the council is committed to doing the best for the community and exploring all the options which Edmonds' invested and knowledgeable community expects. She thanked the public for their questions and input and the process led by the consultant. She looked forward to more clarity regarding fire and EMS at upcoming meetings. Councilmember Paine thanked Mayor Rosen for his profound comments at the Memorial Day event at the cemetery. She also thanked Commander Marin and Joan Longstaff for developing such a great program that included Greg Copeland, KING TV news anchor, who shared stories about his grandfather. Councilmember Paine relayed at that event she was handed a note from a resident with a quote from Otto von Bismarck that pertains to Memorial Day and council decisions, "Politics is choosing the least harmful and the most useful." Considering how torn up Germany and Europe were for nearly a full century, that is a useful guide for the council, especially when discussing the RFA. She appreciated the update from Fitch and believed, as Councilmember Tibbott said, that Fitch are unbiased experts; both of the Fitch representatives informing the City have run fire districts and have been city managers. The guidance she wanted the council to pay attention to was choosing the least harmful and the most useful. The council has the information and wants to hear from the community sooner rather than later so the council knows the path forward. There are a lot of decisions to make this year and this is one the council can continue to gather information on. Councilmember Nand thanked Mayor Rosen and councilmembers who attended the Memorial Day programs this weekend to support Gold Star Families and thanked the local Gold Star Families for making the ultimate sacrifice. She was unable to attend due to her family's private bereavement with the loss of her grandmother but read about it and it seemed to be an incredible and well put together program. Councilmember Nand reported June 1 marks the kickoff of Pride Month. Pride of Edmonds will be having its annual picnic on June 1. On May 21, the Yakima City Council rejected a proclamation for Pride Month by a 5-2 vote which was quite shocking because it had been passed without controversary since 2016. She called out Yakima City Councilmembers Janice Deccio and Danny Herrera who voted in favor of acknowledging Pride Month in Yakima. She shared a quote by Mahatma Gandhi, "Even if you are a minority of one, the truth is the truth." She wanted to acknowledge their bravery in acknowledging and extending love and acceptance to LGBTQ community members, especially youth and children who are members of the LGBTQ community in Yakima, so they feel less isolated and more accepted. She was proud the Edmonds City Council does that every year without controversy. She looked forward to seeing everything that community leaders including Deputy City Clerk Nick Falk have put together to celebrate Pride in the LGBTQ community in Edmonds this year. 10. MAYOR'S COMMENTS With regard to the fire and EMS discussion, Mayor Rosen explained although those terms are how the services are often referred to, the services residents receive include fire, EMS, rescue, hazardous spills and events, and marine response. ADJOURNMENT With no further business, the Council meeting was adjourned at 8:07 pm. Edmonds City Council Draft Minutes May 28, 2024 Page 9 Packet Pg. 14 7.2 City Council Agenda Item Meeting Date: 06/11/2024 Approval of claim checks and wire payments. Staff Lead: Kimberly Dunscombe Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of re -issued claim check #262801 dated May 23, 2024 for $175.00, claim checks #262802 through #262872 dated May 30, 2024 for $262,358.16 and wire payments of $4,953.89 & $2,526.31. 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 reissue 05-23-24 Agenda copy Claims 05-30-24 Agenda copy Packet Pg. 15 apPosPay 5/23/2024 3:03:40PM Document group: jacobson Vendor Code & Name Positive Pay Listing City of Edmonds 046150 DEPARTMENT OF LABOR & INDUSTRY Check # Check Date 262801 5/23/2024 GrandTotal: Total count: 7.2.a Page: 1 Amount 175.00 175.00 1 vi c a� E a d L �3 c W m U E M CU 4- 0 O O L Q Q Q Q O U Q N M N L0 O d 7 N N L E M U c d E t ct r Q Page: 1 Packet Pg. 16 7.2.b apPosPay Positive Pay Listing Page: 1 5/30/2024 9:12:35AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 065052 AARD PEST CONTROL 262802 5/30/2024 85.09 077610 ALBA PAINTING & COATINGS 262803 5/30/2024 10,276.50 063862 ALPINE PRODUCTS INC 262804 5/30/2024 6,576.96 074306 AMWINS GROUP BENEFITS INC 262805 5/30/2024 8,514.47 073573 ANIXTER 262806 5/30/2024 903.04 001527 AWWA 262807 5/30/2024 324.00 076260 BELAIR, ROGER 262808 5/30/2024 612.50 079570 BERNSTEIN, TOLLIE 262809 5/30/2024 505.15 028050 BILL PIERRE FORD INC 262810 5/30/2024 471.37 074307 BLUE STAR GAS 262811 5/30/2024 1,151.53 079587 BOZCO CONSTRUCTION LLC 262812 5/30/2024 18,674.50 002840 BRIM TRACTOR CO INC 262813 5/30/2024 421.93 018495 CALPORTLAND COMPANY 262814 5/30/2024 774.19 073029 CANON FINANCIAL SERVICES 262815 5/30/2024 1,237.89 077353 CAPITOL CONSULTING LLC 262816 5/30/2024 3,900.00 069813 CDW GOVERNMENT INC 262817 5/30/2024 1,198.56 073266 CHRIS GLANISTER 262818 5/30/2024 400.00 063902 CITY OF EVERETT 262819 5/30/2024 455.40 019215 CITY OF LYNNWOOD 262820 5/30/2024 42,307.00 070323 COMCAST BUSINESS 262821 5/30/2024 46.51 071417 CORE & MAIN LP 262822 5/30/2024 2,545.52 064531 DINES, J EAN N I E 262823 5/30/2024 1,144.00 065739 DTG RECYCLE 262824 5/30/2024 209.81 076610 EDMONDS HERO HARDWARE 262825 5/30/2024 143.83 038500 EDMONDS SENIOR CENTER 262826 5/30/2024 1,562.50 008705 EDMONDS WATER DIVISION 262827 5/30/2024 1,082.89 008812 ELECTRONIC BUSINESS MACHINES 262828 5/30/2024 424.99 079517 ELECTRONIC MOBILE SOLUTIONS 262829 5/30/2024 21,783.69 009350 EVERETT DAILY HERALD 262830 5/30/2024 141.04 066378 FASTENAL COMPANY 262831 5/30/2024 380.71 079465 GCH DISASTER SOLUTIONS 262832 5/30/2024 3,750.00 068617 GLEISNER, BARBARA 262833 5/30/2024 2,341.92 012199 GRAINGER 262834 5/30/2024 184.98 012560 HACH COMPANY 262835 5/30/2024 1,582.36 010900 HD FOWLER CO INC 262836 5/30/2024 2,820.14 061013 HONEY BUCKET 262837 5/30/2024 400.95 072627 INTRADO LIFE & SAFETY INC 262838 5/30/2024 537.50 071137 KIDZ LOVE SOCCER 262839 5/30/2024 4,150.90 079069 KISHA POST 262840 5/30/2024 1,435.00 079588 KOH, MICHAEL 262841 5/30/2024 226.00 074263 LYNNWOOD WINSUPPLY CO 262842 5/30/2024 550.23 078126 MARSH USA INC 262843 5/30/2024 765.75 020039 MCMASTER-CARR SUPPLY CO 262844 5/30/2024 615.78 020900 MILLERS EQUIP & RENT ALL INC 262845 5/30/2024 144.19 067834 NATIONAL CONSTRUCTION RENTALS 262846 5/30/2024 39.78 024001 NC MACHINERY 262847 5/30/2024 15,780.67 024302 NELSON-REISNER 262848 5/30/2024 70.41 074866 NORTHWEST PLAYGROUND EQUIPMENT 262849 5/30/2024 2,274.09 072739 O'REILLYAUTO PARTS 262851 5/30/2024 26.96 076902 OCCUPATIONAL HEALTH CTR OF WA 262850 5/30/2024 246.00 079580 OTHMAN, MOHAMAD 262852 5/30/2024 120.00 002203 OWEN EQUIPMENT COMPANY 262853 5/30/2024 2,160.99 028860 PLATT ELECTRIC SUPPLY 262854 5/30/2024 569.43 Page: 1 Packet Pg. 17 apPosPay Positive Pay Listing 5/30/2024 9:12:35AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 064167 POLLARD WATER 262855 5/30/2024 414.40 046900 PUGET SOUND ENERGY 262856 5/30/2024 12,000.48 079568 SAINT SAVA SERBIAN ORTH CHURCH 262857 5/30/2024 48,722.00 036950 SIX ROBBLEES INC 262858 5/30/2024 453.53 077865 SKAGIT CITY TRUCKING SCHOOL 262859 5/30/2024 14,136.00 037375 SNO CO PUD NO 1 262860 5/30/2024 8,418.57 063941 SNO CO SHERIFFS OFFICE 262861 5/30/2024 301.54 038100 SNO-KING STAMP 262862 5/30/2024 18.23 076054 STRUM, KRAIG 262863 5/30/2024 146.50 075025 THE BRANDING IRON LLC 262864 5/30/2024 279.57 041960 TOWN & COUNTRY FENCE INC 262865 5/30/2024 263.30 075762 VECA ELECTRIC & TECHNOLOGIES 262866 5/30/2024 6,409.00 069751 VESTIS 262867 5/30/2024 245.02 069751 VESTIS 262868 5/30/2024 62.94 065568 WATER SERVICES NW INC 262869 5/30/2024 66.85 075635 WCP SOLUTIONS 262870 5/30/2024 718.99 073552 WELCO SALES LLC 262871 5/30/2024 279.39 011900 ZIPLY FIBER 262872 5/30/2024 372.25 GrandTotal: 262,358.16 Total count: 71 N c m E ca a d 3 c� v d s E 0 0 L Q Q Q Q 0 0 M CD Q N O M LO O 0 E M U c d E s 0 ca Q Page: 2 Packet Pg. 18 7.3 City Council Agenda Item Meeting Date: 06/11/2024 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 #66030 for $3,287.01 and direct deposit for $193,309.64 dated June 5, 2024 for the EPOA retro payments, checks #66031 to #66032 dated June 5, 2024 for $4,259.53, direct deposit for $907,781.08, benefit checks #66033 through #66037 and wire payments for $944,371.32 for the pay period of May 16, 2024 through May 31, 2024. Staff Recommendation Approval of payroll and benefit checks, direct deposit and wire payments. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of payments. Attachments: 05-16-2024 to 05-31-2024 benefit checks summary 05-16-2024 to 05-31-2024 payroll earnings summary 05-31-2024 police retro Packet Pg. 19 7.3.a Benefit Checks Summary Report City of Edmonds Pay Period: 1,149 - 05/16/2024 to 05/31/2024 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 66033 06/05/2024 bpas BPAS 13,572.88 0.00 66034 06/05/2024 chap1 CHAPTER 13 TRUSTEE 175.00 0.00 66035 06/05/2024 icma MISSIONSQUARE PLAN SERVICES 6,603.51 0.00 66036 06/05/2024 flex NAVIA BENEFIT SOLUTIONS 5,224.68 0.00 66037 06/05/2024 afscme WSCCCE, AFSCME AFL-CIO 3,141.68 0.00 28,717.75 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3685 06/05/2024 pens DEPT OF RETIREMENT SYSTEMS 444,738.05 0.00 3687 06/05/2024 aflac AFLAC 3,183.90 0.00 3689 06/05/2024 wadc WASHINGTON STATE TREASURER 50,434.96 0.00 3690 06/05/2024 us US BANK 214,493.39 0.00 3691 06/05/2024 mebt WTRISC FBO #N3177B1 195,932.07 0.00 3693 06/05/2024 pb NATIONWIDE RETIREMENT SOLUTION 6,566.70 0.00 3694 06/05/2024 oe OFFICE OF SUPPORT ENFORCEMENT 304.50 0.00 915,653.57 0.00 Grand Totals: 944,371.32 0.00 6/4/2024 Packet Pg. 20 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,149 (05/16/2024 to 05/31/2024) , Hour Type Hour Class Description Hours Amount 111 ABSENT NO PAY LEAVE 29.00 0.00 112 ABSENT NO PAY NON HIRED 16.00 0.00 118 ABSENT UNPAID L & 1 96.00 0.00 120 SICK SICK LEAVE - L & 1 18.25 948.89 121 SICK SICK LEAVE 986.25 47,407.02 122 VACATION VACATION 1,336.75 69,572.45 123 HOLIDAY HOLIDAY HOURS 320.00 16,179.43 124 HOLIDAY FLOATER HOLIDAY 40.00 1,967.78 125 COMP HOURS COMPENSATORY TIME 170.50 8,750.21 128 HOLIDAY Holiday Bank WWTP 109.50 4,700.93 129 SICK Police Sick Leave L & 1 9.00 470.68 131 MILITARY MILITARY LEAVE 81.00 3,433.40 132 JURY DUTY JURY DUTY 27.00 1,037.98 141 BEREAVEMENT BEREAVEMENT 61.00 2,300.21 150 REGULAR HOURS Kelly Day Used 76.00 4,177.91 155 COMP HOURS COMPTIME AUTO PAY 95.39 6,369.24 160 VACATION MANAGEMENT LEAVE 159.00 13,502.08 170 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 19,227.25 951,417.76 191 REGULAR HOURS FIRE PENSION PAYMENTS 2.00 2,931.80 194 SICK Emergency Sick Leave 115.50 4,833.99 210 OVERTIME HOURS OVERTIME -STRAIGHT 126.50 8,084.91 215 OVERTIME HOURS WATER WATCH STANDBY 60.00 4,076.28 216 MISCELLANEOUS STANDBY TREATMENT PLANT 4.00 518.28 220 OVERTIME HOURS OVERTIME 1.5 599.75 53,849.36 225 OVERTIME HOURS OVERTIME -DOUBLE 30.00 2,875.02 400 MISCELLANEOUS MISC PAY 0.00 100.00 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 1,651.47 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 3,002.20 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 118.98 602 COMP HOURS ACCRUED COMP 1.0 155.00 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 129.25 0.00 06/04/2024 Packet Pg. 21 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,149 (05116/2024 to 05/31/2024) Hour Type Hour Class Description Hours Amount 606 COMP HOURS ACCRUED COMP 2.0 3.00 0.00 900 VACATION ACCRUED VACATION -1.12 0.00 901 SICK ACCRUED SICK LEAVE 3.91 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 367.27 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 9.00 488.08 fmis SICK FAMILY MEDICAL/SICK 1.92 95.20 fmly VACATION Family Medical Leave Vacation 8.08 400.62 hol HOLIDAY HOLIDAY 1,422.86 70,735.99 k9 MISCELLANEOUS K-9 Assiqnment 0.00 414.20 Ian MISCELLANEOUS LANGUAGE PAY 0.00 450.00 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 1,263.96 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 1,220.53 Ig12 LONGEVITY Lonqevitv 9% 0.00 1,619.24 Ig13 LONGEVITY Lonqevitv 7% 0.00 1,518.56 Ig14 LONGEVITY Lonqevitv 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 Lonqevitv 1% 0.00 1,195.60 Iq5 LONGEVITY Lonqevitv 3% 0.00 3,393.90 Iq7 LONGEVITY Lonqevitv 1.5% 0.00 645.80 mela ABSENT Medical Leave Absent (unpaid) -3.00 0.00 pfmh HOLIDAY Paid Family Medical Holiday 36.00 2,126.06 pfmp ABSENT Paid Family Medical Unpaid/Sup 205.50 0.00 06/04/2024 Packet Pg. 22 Hour Type Hour Class Payroll Earnings Summary Report City of Edmonds Pay Period: 1,149 (05116/2024 to 05/31/2024) Description Hours Amount pfms SICK Paid FAMILY MEDICAL/SICK 17.17 851.34 pfmv VACATION Paid Family Medical Vacation 11.33 561.73 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 vap VACATION Vacation Premium 9.00 442.15 26,503.54 $1,345,506.80 Total Net Pay: $912,040.61 7.3.b 06/04/2024 Packet Pg. 23 Hour Type Hour Class 600 RETROACTIVE PAY Payroll Earnings Summary Report City of Edmonds Pay Period: 1,196 (05/28/2024 to 05/30/2024) Description RETROACTIVE PAY Hours 0.00 0.00 Total Net Pay: Amount 277,534.77 $277,534.77 $196,596.65 7.3.c 06/04/2024 Packet Pg. 24 7.4 City Council Agenda Item Meeting Date: 06/11/2024 Approval of Public pedestrian easement along 76th Ave W adjacent to 22224 76th Ave W 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 pedestrian easement. Narrative The City is currently reviewing a proposed development project, Hillside Townhomes Frontage at 22224 76t" Ave W. The subject site is located within the Esperance area of Snohomish County, the city is only reviewing the right-of-way improvements for this project. The subject property along 76t" Ave W requires a sidewalk width to be a minimum 7' and due to the grades on the lot a Type II driveway approach shall be required to maintain an ADA compliant sidewalk. In meeting this requirement, a portion of the sidewalk will be located on private property and therefore, a public pedestrian easement shall be provided to the City. Attachments: Attachment 1 - Vicinity Map Attachment 2 - Easement Attachment 3 - Site Plan Packet Pg. 25 7.4.a City of Edmonds VICINITY MAP :L 1 it ern n Z,'d1L� 219� S ■^ 2 'C 21919 np 0 21900210 w 21940 MOIVD ae 220TH ST SW _ - !79 C 7710 I22 v d 220� 220M 0 22008 N 221 22020 220 7706 112 4 2 7�9 ■ 7704 22020 22018 221 • . . 11 2jr rl0~ ZZ0�8 7702— i22028 22024 1 0 Q2 22026 1 1 2 271 Cq � r I 2 221 2106 2I L �B U m LU 7, 7ti D 221 I. - m 222ND ST SW S•, LU 22 Q 2206 I _ 22212 r' O �� 22211 22214 22201 O * s - 22218 1 E719rdnCl! I r - r 2 Park 22224 22217 2 22226 99 22230 I I . • �77T9 ry 22304 I 2231M AWo Op ask, ti I 7821 J 12313 s - ■� m I I �19 1 it �■ � "�. ��y �I! 1: 3,031 252.60 505.2 Feet 4,514 376.2 This map is a user generated static output from an Internet mapping site and is f reference only. Data layers that appear on this map may or may not be accural GS_1984_Web-Mercator _Auxiliary -Sphere current, or otherwise reliab City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTIC Legend Sections Boundary Sections Edmonds Boundary ArcSDE.GIS.PROPERTY_BUILDINC ArcSDE.GIS.STREET_CENTERLINE: <all other values, Interstate Principal Arterial Minor Arterial; Collector Local Street; On Ramp State Highways <all other values> -_ 0 1 2 County Boundary Parks ArcSDE.GIS.PROPERTY_WASHIN( ArcSDE.GIS.PROPERTY_CITIES ArcSDE.GIS.PROPERTY_CITIES City of Edmonds City of Lynnwood City of Mountlake Terrace Unincorporated King Co; Unincorpc City of Woodway Citv of Arlington: Citv of Bothell: Cit I Notes Packet Pg. 26 7.4.b Return Address: City Clerk City of Edmonds 121 - 5th Ave. N. Edmonds, WA 98020 PEDESTRIAN EASEMENT Property Address: 22224 76th AVE W, EDMONDS, WA 98026 Assessor's Property Tax Parcel No.: 00501100001200 IN CONSIDERATION of benefits to accrue to the grantor(s) herein, the undersigned, Cornerstone Homes NW, LLC, ("GRANTOR(S)") hereby grant to the CITY OF EDMONDS, a Washington Municipal Corporation ("GRANTEE"), a permanent public pedestrian easement for the location and operation of a sidewalk and necessary appurtenances, over, across, through, and below the following described property, together with the right of access to the easement at any time for the stated purposes. The Property. The GRANTOR(S) are the owner(s) of that certain real property located at 22224 76th Ave W, in Edmonds, Washington, Assessor's Parcel Number 00501100001200, and more particularly described as follows: LUSCHENS TRACTS BLK 000 D-00 — LOT 12, or as described in Exhibit "A" attached hereto and incorporated herein by reference. The Easement. The easement hereby granted is located in the COUNTY OF SNOHOMISH, STATE OF WASHINGTON, and is more particularly described and depicted in Exhibit "B," attached hereto and incorporated herein by this reference. GRANTOR(S) understand and agree for themselves and their successors and assigns not to cause or allow the construction or maintenance of any building or other structure in or upon the area conveyed without the prior written consent of GRANTEE, which may be granted or allowed in GRANTEE'S sole discretion. GRANTOR(S) understand and agree that GRANTEE may cause the summary removal of any such building or structure so placed without GRANTOR(S)' consent and that GRANTOR(S) shall make no claim for and shall hold GRANTEE harmless from any claim by a third person for damage to or destruction of the property so removed. GRANTEE agrees to indemnify, defend and hold GRANTOR(S) harmless from any and all liability or damage, including attorneys' fees and costs, incurred or arising directly from GRANTEE's use of the easement as stated above, except those arising from any of GRANTOR(S)' acts, omissions or negligence. GRANTOR(S) expressly reserve all rights not inconsistent with those granted to GRANTEE herein. DATED THIS 2 Q+1" DAY OF a 2024. GRANTOR(S): Z=Z� 45-uP Comer one H1 e ,LLC �f EGG t�TGC. Lh4e— 65 I �N— Its Updated Hillside Pedestrian Easement Packet Pg. 27 7.4.b STATE OF WASHINGTON ) ) ss COUNTY OF SNOHOMISH ) On this J.V' day of 2024, before me, the undersigned, a Notary Public in and for the State of Washington, duly commission d and sworn, personally appeared before me :sosg;Ag J v► to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said person(s), for the uses and purposes therein mentioned, and on oath stated that he/she/they was/were authorized to execute said instrument. �r, S mT. nd official seal hereto affixed the dayand year first above written. ` • :`sston2�0� ; Y G, v N0VBLIC My commission expires: 7 % �jOUBt t 2� ; 0 OF WASN'' ,,`°' _o Accepted by the City Council dated day of CITY OF EDMONDS: Mike Rosen, Mayor 2024. ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Updated Hillside Pedestrian Easement Packet Pg. 28 7.4.b EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY LOT 12, PLAT OF LUSCHEN'S TRACTS AS RECORDED IN VOLUME 13 OF PLATS, PAGE 79, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. Packet Pg. 29 7.4.b EXHIBIT B LEGAL DESCRIPTION OF PEDISTRIAN EASEMENT SHEET 1 OF 2 THAT PORTION OF LOT 12, PLAT OF LUSCHEN'S TRACTS AS RECORDED IN VOLUME 13 OF PLATS, PAGE 79, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 12, BEING A POINT ON THE WEST MARGIN OF 76T" AVE. W; THENCE SOUTH 00°32'32" WEST ALONG SAID WEST MARGIN AND THE EAST LINE OF SAID LOT 12, A DISTANCE OF 36.00 FEET; THENCE NORTH 89010'03" WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 12, A DISTANCE 3.00 FEET; THENCE NORTH 00°32'32" EAST PARALLEL WITH° THE WEST MARGIN OF SAID 76T" AVE. W AND THE EAST LINE OF SAID LOT 12 A DISTANCE OF 36.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 12' THENCE SOUTH 89010'03" EAST ALONG THE NORTH LINE OF SAID LOT 12, A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON Packet Pg. 30 7.4.b e� PERq NcI r PFN 16 rS�eo �s/ MES �4F#20 11 6/SOON 1812 14 SSo 1 _ 00 r -01 W N Z m W W m r ppop(7)m O O O O D O7 r m 00000ODD0 G7 t0 O (D p m O N O N % O( OGi Z W IV W N m m Lr �L o O ov -0 r r OD C orn C�yn O or- �-Oi= mN� o c/) o v oxa J o�y. • .. ..Sr'�..r m X 00 t..Cma O dS'�d C:'•,a, Z O ........... m W Y�R U X mw m� m _ z rrl r __L3 _ r N L o b 76TH AVE. W. ov N O � � N,) Zt w N o Packet Pg. 31 7.4.c — -R/W W �X m0) 2 �aC —SD—zoo SD Fl n 0 z z X co DRAINAGE NOTE: 0 i .37, — _ STA:20+29.01, 22.45'L- CONNECT TO EXISTING SIDEWALK Cli p - Cn z II 4N O � 1 2, 32" E m 5 x m SS SS SS / / SS �to z� STREET TREE (SPECIES TBD) IN 3 x z TREE GRATE PER DETAIL TR551 sw zo � 157.66' 6TH A v — — — � — — ti' C SD SD SD \ SD SD c> O � I O 1. THE PROJECT IS EXEMPT FROM FLOW CONTROL AND WATER QUALITY REQUIREMENTS. 2. A DETENTION PIPE US PROPOSED TO MEET THE ON -SITE STORMWATER MANAGEMENT FOR ROOF AND OTHER HARD SURFACES PER ECDC 18.30.060. D5. d. PROJECT CATEGORY2 DISCHARGE LOCATION. HALLS CREEK TYPE OF AREA SQ FOOTAGE STORMWATER FACILITY ROOF 3,442 TO DETENTION PIPE DRIVE AISLE Z920 TO DETENTION PIPE SIDEWALK 777 TO DETENTION PIPE LAWN AND LANDSCAPE 1,866 BMP T5.13 FRONTAGE SIDEWALK 486 EXISTING DRAINAGE SYSTEM 0 0 NE 114, SE 114, SEC. 30, T. 27X, R.4 E., W.M. SNOHOMISH COUNTY, WASHINGTON rECo SCALE: 1" = 10' 10 5 0 10 20 �/W 302.88' /-�TA:20+89.61, 21.991 ONNECT TO EXISTING SIDEWALK Cam, CATCH BASIN W/ GRATED LID n r Iq N 11 gg'L STA:10+34.33, 2.50' R DRIVEW \ O N SY_ RIM.372.30 IE: 367.88 (24"Reinforced Concrete Pipe IN, SS r� SS IE: 367.38 (12" OUT, E) c IE 369.50 (4" IN, S) o � � z � c� AVEMENT TO BE RESTORED \ a w�n> zto zoo to 21+00 / 21 - I- - - O Cu SD SD SD SD c \ SD E N CB#3, TYPE-2, 4810 W/ SOLID LOCKING LID Cu c STA:9+94.00, 1.82' R \ RIM:372.52 y IE 367.14 (12" IN, W) IE: 366.17(f) (12" IN, N) n IE: 366.17(t) (12" OUT, S) \ \ a o CIS \ 0 I Packet Pg. 32 DRIVEWAYBLOW -UP NOT TO SCALE 7.5 City Council Agenda Item Meeting Date: 06/11/2024 Teamsters Local 763 Commanders 2023-2025 1 Collective Bargaining Agreement Staff Lead: Human Resources Department: Human Resources Preparer: Emily Wagener Background/History Following a reorganization of the Police Department in 2023 three Commander positions were added. These positions were classified as Non -Exempt employees and deemed not eligible for existing union membership. On 6/1/2023 Teamsters Local 763 filed a petition to represent a bargaining unit composed of Police Commanders at the City of Edmonds. The union received support from more than 50% of the eligible positions. PERC filed decision 13702 (PECB, 2023) certifying the Police Commanders bargaining unit effective 8/2/2023. As required by law, the City engaged in negotiations with the Teamsters Local 763 Commanders bargaining unit regarding their first collective bargaining agreement. The City and the Union have reached an agreement to settle the contract for the period of 8/2/2023 - 12/31/2025. All contract terms were settled within the authority previously provided by Council to the City's HR Director and/or City Attorney. Additionally, the wage scale for the Police Command Staff was previously combined. With the addition of this bargaining unit, it is recommended that the wage scales are separated to include one for the Commanders and one for the remaining Command Staff including the Chief of Police and the Assistant Chief of Police. No additional compensation changes result from separating the wage scales. Staff Recommendation Approve the attached Collective Bargaining Agreement with the Teamsters Local 763 Commanders bargaining unit as well as the separated wage scales for Commanders and remaining Command Staff including the Chief of Police and Assistant Chief of Police. Narrative A clean copy of the proposed collective bargaining agreement (CBA) for 8/2/2023 - 12/31/2025 between the City of Edmonds and the Teamsters Local 763 Commanders bargaining unit is attached as well as a summary of the economic impacts of the CBA. Additionally, a copy of the separated wage scales for the Commanders and remaining Command Staff including the Chief of Police and Assistant Chief of Police are attached. Attachments: City of Edmonds - Police Commanders 2023-2025 CBA New Contract Summary 2023-2025 Teamsters Police Commanders CBA 2024 Edmonds PD Commander Salaries Packet Pg. 33 7.5 2024 Edmonds PD Chief and Assistant Chief Salaries Packet Pg. 34 7.5.a AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Police Department Commanders) August 2, 2023 through December 31, 2025 Packet Pg. 35 7.5.a TABLE OF CONTENTS ARTICLE I. RECOGNITION, UNION MEMBERSHIP & PAYROLL DEDUCTION...................3 ARTICLEII. GENDER........................................................................................................................... 4 ARTICLE III. UNION RIGHTS.............................................................................................................4 ARTICLE IV. HOURS OF WORK, MANAGEMENT LEAVE, TRAINING...................................5 ARTICLE V. PROBATIONARY PERIODS, SENIORITY, ACOP POSITION VACANCIES ...... 6 ARTICLE VI. COMPENSATION..........................................................................................................7 ARTICLEVII. HOLIDAYS.................................................................................................................... 7 ARTICLEVIII. VACATIONS................................................................................................................ 8 ARTICLEIX. LEAVES........................................................................................................................... 9 ARTICLEX. INSURANCE...................................................................................................................13 ARTICLE XI. UNIFORMS AND EQUIPMENT................................................................................16 ARTICLE XII. MISCELLANEOUS....................................................................................................18 ARTICLE XIII. NO STRIKE PROVISION........................................................................................20 ARTICLE XIV. DISCHARGE OR SUSPENSION.............................................................................20 ARTICLE XV. GRIEVANCE PROCEDURE..................................................................................... 21 ARTICLE XVI. EQUITY CLAUSE..................................................................................................... 22 ARTICLE XVII. SAVINGS CLAUSE..................................................................................................22 ARTICLE XVIII. DURATION............................................................................................................. 22 ARTICLE XIX. ENTIRE AGREEMENT............................................................................................23 APPENDIX "A" COMPENSATION.................................................................................................... 24 APPENDIX `B" BILL OF RIGHTS.....................................................................................................27 APPENDIX"B-1"..................................................................................................................................35 APPENDIX "C" PHYSICAL FITNESS PROGRAM.........................................................................37 APPENDIX"D"...................................................................................................................................... 40 APPENDIX "E" DEVICE AND SYSTEMS POLICY........................................................................ 50 Packet Pg. 36 7.5.a AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Police Department Commanders) August 2, 2023 Through December 31, 2025 THIS AGREEMENT is by and between the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and TEAMSTERS LOCAL 763, hereinafter referred to as the Union. ARTICLE I. RECOGNITION, UNION MEMBERSHIP & PAYROLL DEDUCTION 1.1 Recognition — The Employer recognizes the Union as the sole collective bargaining representative for all fully commissioned law enforcement officers of the City of Edmonds, Washington Police Department employed and serving in the position of Commander. 1.2 Union Membership — The Employer recognizes that members of the bargaining unit may, at their discretion, become members of the Union. 1.3 Pavroll Deduction — The Employer shall make deductions for Union dues, initiation fees, and/or agency fees from the wages of all Employees covered by this Agreement who execute a properly written authorization to the Employer demonstrating the Employee has affirmatively consented to the deduction of such dues/fees. The Union shall provide the Employer the signed authorization prior to the commencement of the deductions. The Employer shall remit to said Union all such deductions on a monthly basis; provided that all deductions for the above items must be uniform and regular to accommodate the monthly machine processed payroll. The Employer will not stop or revise deducting such dues/fees from Employees who revoke or revise consent or provide other written direction regarding Union -related payroll deductions relating to Union dues/fees until notified by the Union. No deduction shall be made which is prohibited by applicable law. The Union shall indemnify, defend, and hold the Employer harmless against any and all liability resulting from the payroll deduction of dues/fees for the Union. The Union shall refund to the Employer any amounts paid to it in error on account of this payroll deduction provision upon presentation of proper evidence thereof. 1.4 Union Notification and New Hire Orientation — Within fifteen (15) days from the date of hire of a new Employee, the Employer shall forward to the Union the name, address, contact number, hire date, pay grade/step, annual salary, and job title of the new Employee pursuant to the provisions of RCW 41.56.035. The Union and a shop steward will be provided a minimum of thirty (30) minutes during a new Employee's regular working AGREEMENT 2023-2025 Ciiy of Edmonds (Police Commanders Employees) r Packet Pg. 37 7.5.a hours for purposes of presenting information about the bargaining unit and Union membership pursuant to the provisions of RCW 41.56.037. This generally shall occur within the first two (2) weeks of an employee's date of hire but shall occur no later than ninety (90) calendar days from the date of hire. Employees have the option to attend or not attend the orientation. The Employer shall promptly notify the Union of all Employees leaving its employment. ARTICLE II. GENDER 2.1 Wherever the words Employee or Employees are used in this Agreement, they are intended and shall be construed to be gender neutral. ARTICLE III. UNION RIGHTS 3.1 Union Officials Time -Off — A Union Official who is an Employee in the Bargaining Unit (Union Board Officer, Negotiation Team Member and/or Shop Steward as appropriate to the specific activity) shall be granted a reasonable amount of release time if on duty while actually conducting contract negotiations, contract administration or grievance resolution with the Employer on behalf of the Employees in the Bargaining Unit or actually engaged in preparatory meetings for said activities with the Employee. This does not include activities not specifically enumerated and provided: o They notify the Employer at least forty-eight (48) hours prior to the time -off, o The Employer is able to properly staff the Employee's job duties during the time - off, and o The wage cost to the Employer is no greater than the cost that would have been incurred had the Union Official not taken time -off. When Union activities, as enumerated above, occur during a Union Official's off duty hours, adjustments may be made to the Official's regular schedule on an hour for hour (straight time) basis. Adjusted hours must not interfere with the Official's regularly assigned duties and tasks. 3.2 Union Investigation and Visitation Privileaes — The Business Agent of the Union, with the permission of the Department Head or designee, may visit the work location of Employees at any reasonable time and location for the purpose of Union business. Such Agent shall limit activities during such investigations to matters relating to this Agreement; provided however, the Business Agent shall not interfere with the operation or normal routine of any department. 3.3 Bulletin Boards — The Employer shall provide suitable space for a bulletin board to be used exclusively by the Union. AGREEMENT 2023-2025 City of Edmonds (Police Commanders Employees) Packet Pg. 38 7.5.a 3.4 Use of Equipment — Bargaining Unit Officials may make occasional but limited use of City owned/operated communication resources (telephone, facsimile, voice mail, electronic mail, copier, computer) for communications; specifically, incidental or minimal use is permitted. Incidental or minimal use is that which is both brief in duration and accumulation and does not interfere with or impact the conduct of official City business due to volume, frequency or impeding an Employee's performance of their official duties. In no event will the Union use the City communications resources for internal Union business beyond that permitted for minimal use or for any political use. ARTICLE IV. HOURS OF WORK, MANAGEMENT LEAVE, TRAINING 4.1 Hours of Work 4.1.1 Workweek — The workweek shall be comprised of three (3) or more consecutive days on duty and two (2) or more consecutive days off duty. While the sum total of time worked is not anticipated to exceed forty (40) hours per week based on an annual average, as salaried Employees, Commanders may be scheduled to work additional hours without additional compensation, as needed by the Employer. Specific shift configurations (to include shift hours and days on/days off rotation) shall be as agreed between the Employer and the Union. FLSA 7(k) work period is mutually agreed to be twenty-eight (28) days. 4.1.2 Unfilled EPOA Shifts — Commanders may fill otherwise unfilled EPOA shifts when authorized by the Edmonds Police Officers' Association representing Law Enforcement Commissioned Employees. Commanders filling shifts shall be compensated for such shifts at the rate of time and one-half (1.5) times their regular rate of pay. The Employee's regular rate of pay is their annual salary, which includes all premium pays, divided by 2,080 hours. 4.2 Manallement Leave — Each bargaining unit Employee shall receive Management Leave annually pursuant to the provisions of Section 8.20 of the City of Edmonds Personnel Policies and ECC 2.35.040(F), which is currently set at eighty (80) hours. 4.3 Command Stand -By — Employees shall be granted an additional five (5) hours of leave per week that they serve on Command Stand -By duty. This Command Stand -By Leave is subject to a cap of fifty (50) hours. 4.4 Training —Training, whether required or requested, shall be done on the basis of shift adjustment. 4.5 UWPD Assistance — Employees are authorized to provide security services to the University of Washington Police Department (UWPD) during their off -duty hours as authorized pursuant to the City's agreement with the UWPD. For any Employee who chooses to provide such services, the overtime rate of pay shall be One Hundred Sixty -One Dollars ($161.00) and the benefits charged will be Thirty -One Percent (31%) of that amount, for a total of Two Hundred Ten Dollars ($210) per hour. AGREEMENT 2023-2025 Cit% of Edmonds (Police Commanders Employees) Packet Pg. 39 7.5.a ARTICLE V. PROBATIONARY PERIODS, SENIORITY. ACOP POSITION VACANCIES 5.1 Probationary periods for lateral hires shall not exceed one (1) year from date of hire. Probationary periods for the three (3) initial appointees and those receiving promotions shall not exceed six (6) months beyond appointment date or date of promotion. Any probationary period shall be extended automatically for the number of workdays equal to the number of workdays an Employee was absent in excess of ten (10) workdays during the probationary period. 5.2 "Seniority" as used in this Agreement shall accrue from an Employee's seniority date which shall be the Employee's first date of eligibility with the bargaining unit, provided that Employees who return from layoff or period of disability shall retain the seniority held prior to the layoff or period of disability. In the event of promotion out of the bargaining unit, or demotion or reversion back into the bargaining unit, the employee will retain their original seniority held prior to leaving the bargaining unit. 5.2.1 In the event an Employee returns following a break in service, the Employee shall retain the seniority the Employee had accrued prior to the break in service. A break in service occurs when an Employee's employment relationship ends. Seniority includes time spent in any leave status, including leaves without pay. 5.2.2 "Seniority by rank" as used in this Agreement shall accrue from the effective date of promotion to the Employee's current rank. 5.2.3 In the event that there is a tie in two Employees' seniority or seniority by rank, the Employer will use the Employees' date of hire to the Edmonds Police Department as a secondary tie breaker. 5.3 An Employee shall lose all seniority in the event of discharge or voluntary termination. 5.4 While nothing contained in this Article constitutes a bargaining unit right of first refusal to open positions for Assistant Chief of Police, the Employer is committed to promoting from within as a general matter. Therefore, when such a position opening occurs, the Employer shall first post the job announcement internally for five (5) working days unless the parties mutually agree to a shorter time for an in-house posting. A copy of the announcement shall be sent to the bargaining unit members on the day of the posting. All bargaining unit members who meet the minimum qualifications and pass all internal screening as determined by the Chief of Police shall be placed into a pool of qualified applicants. The Employer shall evaluate the internal pool of qualified applicants prior to extending the recruitment to external candidates. Applicants shall be evaluated on the basis of skills, abilities, education, training, demonstrated teamwork and job performance and overall suitability. Seniority may be considered as a potential tie breaker if all else is equal between two internal candidates. AGREEMENT 2023-2025 Cm ol' Edmonds (Police Commanders Employees) r-- . Packet Pg. 40 7.5.a If the Employer declines to extend an offer to any of the applicants in the internal pool, the Employer may thereafter post the job announcement externally. Qualified candidates from the internal pool of applicants who are not ultimately selected for the open position may request a meeting with the hiring authority to discuss the reason or reasons that they were passed over for the open position. ARTICLE VI. COMPENSATION 6.1 The compensation for classifications covered by this Agreement shall be as set forth in Appendix A, which by this reference shall be incorporated herein as if set forth in full. ARTICLE VII. HOLIDAYS 7.1 The following days shall be recognized holidays: Holiday Date New Year's Day January 1 Martin Luther King Day Third Monday of January Presidents' Day Third Monday of February Memorial Day Last Monday of May Juneteenth June 19 Independence Day July 4 Labor Day First Monday of September Veterans' Day November 11 Thanksgiving Day Fourth Thursday of November Friday following Thanksgiving Day Fourth Friday of November Christmas Eve December 24 Christmas Day December 25 7.1.1 Christmas Eve shall be observed on the day after Christmas Day when Christmas Day falls on a Thursday. 7.1.2 Whenever any of the afore -referenced holidays falls upon a Saturday, the preceding Friday shall be considered the holiday. When any of the afore -referenced holidays falls upon a Sunday, the following Monday shall be considered the holiday. 7.1.3 Holiday Leave Bank. Employees will have their Holiday Leave Bank "front - loaded" effective the first pay period of each calendar year. For 2024 only, effective upon the date of ratification of this Agreement, Employees' Holiday Leave Banks will be loaded with ten (10) hours for each 2024 holiday occurring thereafter. All Holiday Leave Bank hours are eligible for use as soon as they are banked. Holiday Leave Bank hours may be scheduled for use either on a holiday or on a different day off at a time mutually agreed upon by the Employee and their supervisor. It is Employees' responsibility to schedule and use their Holiday Leave Bank Hours. Any unused holiday hours remaining in an Employee's Holiday Leave Bank on December 31 of each year shall be cashed out up to a maximum of fifty (50) hours. AGREEMENT 2023-2025 CitN of Edmonds (Police Commanders Employees) Packet Pg. 41 7.5.a Any hours over 50 shall be forfeited. Holiday Leave Bank hours shall be forfeited in the event an Employee terminates their employment mid -calendar -year. In the event an Employee terminates their employment and has used more Holiday Leave Bank hours than the number of holidays that occurred through their date of termination, the excess hours will be deducted from their final paycheck. ARTICLE VIII. VACATIONS 8.1 All regular full-time Employees shall receive vacation with full pay annually in accordance with the following: Vacation is provided pursuant to ECC 2.35.030(A)(3), which currently provides as follows Years of Employment Vacation Hours 5 years 128 hours 6 through 11 years 168 hours 12 through 19 years 176 hours 20 through 24 years 200 hours 25 years and thereafter 216 hours Note: All accrual days are based on a forty (40) hour week. 8.2 All vacation use shall be agreed upon in advance between the Employee and the Employer 8.3 Should an Employee terminate employment, having completed no less than six (6) months employment, the Employee shall receive pro rata vacation pay. 8.4 The maximum vacation leave carry-over from one calendar year to the next shall be limited to two (2) years' worth of accumulated leave at the Employee's current accrual rate. An Employee who has reached the maximum accrual level may continue to accrue vacation until December 31, at which time any vacation accrued in addition to the maximum carry- over will be forfeited, provided that the maximum accrual subject to cash -out upon separation shall be four hundred and thirty two (432) hours, provided further that this limitation shall not apply when the separation is caused by unanticipated events such as death, disability, illness, involuntary discharge or similar circumstances. Employees are responsible for monitoring their vacation balances and planning vacation to avoid "use it or lose it" scenarios. 8.5 In the event scheduling in Superior Court necessitates the appearance of an Employee during the Employee's previously scheduled vacation time that Employee shall be offered the opportunity of rescheduling vacation at a time mutually convenient to the Employee and the Employer as determined by the Chief of Police. Once vacation has been approved and the affected Employee has incurred non-refundable or unusable expenses in planning for the same, the Employee shall be reimbursed by the City for those expenses. Upon request, the Employee shall assign any tickets or other benefits to the City for which reimbursement is made. Any Employee called back to duty for any reason once the AGREEMENT 202 i-2025 Co, of Edmonds (Police Commanders Emplopecs) DA __ Packet Pg. 42 7.5.a vacation has begun shall be reimbursed for round trip transportation costs involved in returning for duty. Reimbursement for travel shall be made on the same basis as the original mode of transportation. If applicable, mileage shall be paid at the approved IRS rate. For the purposes of this Section "vacation" shall include leave of absence or bereavement leave, including regularly scheduled days off, immediately preceding or following any of the aforementioned time off. ARTICLE IX. LEAVES 9.1 Sick Leave — All LEOFF II Employees shall receive sick leave accruals under Section 9.1.6, including a one thousand (1,000) hour maximum annual carryover, accrued at the rate of ten (10) hours per month. Sick leave accrued but not taken from one (1) hour to four hundred (400) hours shall be converted to pay at the Employee's regular rate of pay in effect at the date of termination and on the basis of the following schedule: With two (2) week notice - Honorable voluntary quit - 25% of hours accrued. Termination by City layoff - 25% of hours accrued. Termination for Retirement - 50% of hours accrued. Sick leave accrued but not taken from four hundred one (401) hours to eight hundred (800) hours shall be converted to pay, upon honorable termination of any nature, for fifty percent (50%) of hours accrued at the Employee's regular rate of pay in effect at the date of termination. At the Employee's option, sick leave accrued but not taken from four hundred one (401) hours to eight hundred (800) hours may be converted to vacation time, on the basis of one (1) hour for every two (2) hours accrued or fifty percent (50%), to be used prior to the Employee's termination date. Hours accrued from eight hundred one (801) hours to one thousand (1,000) hours are not eligible for compensation or conversion. After the employee exceeds 900 hours they have the ability to convert the hours (back to a minimum of 900 hours) at a ratio of one (1) hour for every two (2) hours accrued or fifty percent (50%). The maximum sick hours an employee can sell back is 48 hours, which will convert to 24 hours of vacation. The conversion will occur at the second paycheck in January. The converted hours will be added to the employee's vacation bank. For example an employee at 1000 hours could sell back 48 hours and place 24 hours into their vacation bank. Employees who terminate based on a disability may elect to either receive one hundred percent (100%) of the unused sick leave balance or remain in a paid status until the sick leave is exhausted. For the purposes of this section 9.1, retirement, in addition to its usual meaning, shall include those employees with twenty (20) or more years' service credit within the LEOFF II system who choose to end employment with the City on a voluntary, honorable basis, even though the Employee has not yet attained regular retirement age, as defined by LEOFF. AGREEMENT 2023-2025 Cite of Edmonds (Pohcc Commanders Emplovccs) Packet Pg. 43 7.5.a 9.1.1 Accrued sick leave may be used only for: A. Absences resulting from an employee's mental or physical illness, injury, or health condition; to accommodate the employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employees' need for preventative care; and B. To allow the employee to provide care for a family member with a mental or physical illness, injury, or health condition; care for a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventative medical care; and C. When the employee's place of business has been closed by order of a public official for any health -related reason, or when an employee's child's school or place of care has been closed for such a reason; and D. For absences which qualify for leave under the domestic violence leave act. E. Other circumstances if authorized by the Chief of Police. For the purposes of sick leave usage under this policy, "family member" is defined as • A child, including biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status; • A biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; • A spouse; • A registered domestic partner; • A grandparent; • A grandchild; • A sibling. At their election, Employees may use other accrued paid leave in place of or in addition to sick leave for any of the purposes described above. 9.1.2 Item (E) shall be subject to prior approval of the Chief of Police and shall be granted for the period of time required to meet the emergent situation considering all the circumstances such as distances involved, degree or kinship, etc. 9.1.3 The certificate of a doctor and/or written report concerning the need for the sick leave may be required by the Employer when an Employee is absent for a period in excess of four (4) days or based upon an individualized suspicion of sick leave AGREEMENT 202 i-2025 CilY of Edmonds (Police Commandos Employees) r - Packet Pg. 44 7.5.a abuse and, if so required, shall be supplied by the Employee in order to qualify for sick leave with pay. Unreasonable Burden or Expense for Verification If the employee believes that obtaining verification for use of paid sick leave would result in an unreasonable burden or expense, they must contact Human Resources orally or in writing by completing the "Employee Verification for Authorized Use of Accrued Paid Sick Leave" form and submit the form to their department for processing. The employee should indicate that the absence is for an authorized purpose and explain why verification would result in an undue burden or expense. If the Employee chooses to provide this information in writing rather than orally, the employee may complete the "Employee Verification of Authorized Use of Paid Sick Leave Form" found on the Human Resources webpage or provided by the employee's supervisor, or the employee may send an email to Human Resources which provides the same information. Within ten (10) calendar days of receiving the employee's request, Human Resources will work with the employee to identify an alternative for the employee to meet the verification requirement in a way that does not result in an unreasonable burden or expense. The City has the option to withhold sick leave payment for days taken in excess of three (3) consecutive days until verification is provided. The employee has the right to contact the Mayor if the employee believes the proposed final alternative still results in an unreasonable burden or expense. If an employee is not satisfied with the City's final alternatives, they may consult with the Washington State Department of Labor and Industries. 9.1.4 In addition to the requirements herein, sick leave shall be granted and/or used in accord with applicable laws. 9.1.5 In the event of death of the Employee, payment for all unused sick leave up to one thousand (1000) hours shall be made to the surviving spouse or domestic partner or to the employee's estate if there is no spouse, at the Employee's regular rate of pay. 9.1.6 All Employees hired will accrue sick leave at the rate of ten (10) hours per month commencing with the date of hire. In the event of significant job -related injury or illness to the Employee which is approved as a claim by Washington State Labor and Industries (L & I), the Employee may at the Employee's option be placed on sick leave, and accrued sick leave (or if insufficient sick leave, then other paid leave) shall be utilized. In turn, the Employee shall sign over all payments received from L & I that relate to time loss from the Employer. The Employer will provide a sick leave supplement / "buy-back" for the affected Employee pursuant to RCW Title 41 LEOFF Supplement. AGREEMENT 202;-2025 Cm of Edmonds (Police Commanders Employees) Packet Pg. 45 7.5.a 9.2 State Paid Family and Medical Leave Act (PFh1L) — Employees are eligible for paid family and medical leave consistent with the state PFML. The premium costs for leave shall be split so that the Employer shall pay 50% of the premium and the employee shall pay 50% of the premium, effective the pay period following ratification of this contract. 9.3 Jury Leave — Necessary leave shall be allowed by the Employer to permit any Employee to report for jury duty or to serve as a member of a jury. The Employee shall receive from the Employer as compensation during this leave period regular salary. The Employee shall sign over to the Employer compensation received from the Courts for jury duty and remain on full paid status. 9.4 Bereavement Leave — In the event of a death in the "immediate family" of an Employee, the Department Head shall upon request grant the Employee bereavement leave with pay. The maximum number of workdays granted shall be four (4); provided however, in the event of unusual circumstances or if travel is required to attend a funeral, additional time not to exceed three (3) days may be granted. Such additional leave shall be deducted from the Employee's sick leave account. The term "immediate family" shall include: o Spouse or domestic partner and children, including stepchildren of the Employee; o Mother, Father, Brother, Sister of the Employee or spouse/registered domestic partner; o Grandparents of the Employee or spouse/registered domestic partner; o Grandchildren 9.5 Leaves of Absence — If approved by the Employer, non -probationary (permanent) Employees may take up to six (6) months leave of absence without pay. Such leaves shall not constitute a break in service but no benefits shall accrue during the leave of absence. See guidance in section 5.1 regarding Break in Service and Seniority. 9.6 Light -Duty — In the event a LEOFF II Employee suffers an illness or injury that prevents the Employee from performing their full range of duties for a period in excess of two (2) weeks, light -duty shall be assigned as authorized by the treating doctor pursuant to the terms outlined in Article 9.6.3. 9.6.1 Work Assignments — Light -duty status shall include work assignments within the Police Department that the Employee is released to perform by the Employee's treating doctor until a full release for return to work is authorized. 9.6.2 Rate of Pav/Required Dutv — Employees assigned light -duty status shall be paid at one hundred percent (100%) of their normal rate of pay, which shall include the Employee's base rate plus any specialty pay, such as longevity and education pay. Employees shall work a forty (40) hour workweek schedule as determined by the Employer. Employees may work less than 40 hours per week (including partial days) if so ordered by the treating doctor. A forty (40) hour or less schedule includes changes to benefit calculations. AGREEMENT 202;-2025 Cm of Edmonds (Police Coin mandcrs Employees) Packet P . 46 7.5.a 9.6.3 Duration — A LEOFF II Employee with a favorable prognosis for return to full duty by the treating doctor will be assigned light -duty for a maximum period of three hundred thirty-six (336) hours unless the Employee is earlier able to resume a full range of duties. The three hundred thirty-six (336) hour period includes both full days and partial days on a prorated basis when required by the treating doctor. Such period may be extended upon mutual written agreement of the Employer and the Union on behalf of the Employee when the medical prognosis of the Employee being able to return to full Employment within a reasonable period of time is received by the Employer. ARTICLE X. INSURANCE 10.1 Coverage — The Employer shall make available to eligible regular full time Employees and their eligible spouses and dependents, an insurance program that includes medical, dental, vision insurance and employee assistance plan (EAP) benefit. For the purposes of this article, spouse also includes "registered domestic partner" as defined under Washington state law. This insurance program includes the following: Medical Insurance — Employee shall choose between the Medical insurance plans offered by the City of Edmonds in accordance with the provisions of this Agreement. Dental Insurance — Dental insurance is provided through the AWC Washington Dental Service Plan F with Option III (Orthodontia). Vision Insurance — Vision insurance is provided through AWC Vision Service Plan ($10.00 deductible). EAP Plan — The Employee Assistance Program is provided through the provider as may be established by AWC. Flexible Spendinp, Account (FSA) — The City shall provide and administer an FSA using pre-tax deductions from employees for qualified medical, childcare, transportation, and other permitted uses as allowed by the Internal Revenue Service (IRS) Code Section 125 for employees. The City shall pay all fees for the establishment and maintenance of the FSA accounts for which it is legally allowed to pay. 10.2 The Employer shall pay the costs necessary to provide health, vision, life, dental and disability insurance plans specified in this agreement for all employees in the bargaining unit. The selection of a different/new provider shall be at the sole discretion of the Employer, provided that the benefit levels shall be substantially the same as those benefit levels in effect as of the signing of this agreement. In the event that the Employer receives notice of the termination of any plan specified in this agreement, the Employer will promptly notify the Union and the parties shall commence negotiation regarding replacement coverage and cost. AGREEMENT 202 i-2025 Cm' of Edmonds (Police Commanders EmploNecs) Packet Pg. 47 7.5.a 10.3 The Employer shall pay one hundred percent (100%) of those premiums necessary to maintain the existing level of hospital and medical care, dental care, orthodontic care, vision care, life and disability insurance coverage for each Employee. The Employer shall pay ninety percent (90%) of those premiums necessary to maintain the existing level of hospital, medical care, dental care, and orthodontic care insurance coverage for each Employee's Dependents. 10.3.1 The Employer shall pay ninety percent (90%) of those premiums necessary to maintain the existing level of vision care insurance coverage for each Employee who requires Dependent coverage. 10.3.2 Dependent Health Insurance Coverage Opt -out — In recognition that employees may have dual medical insurance coverage that is provided through the employee's spouse's employer, which may cover the spouse and/or dependents, the City is offering a dependent medical insurance coverage Opt -out program. Should an employee opt to not have a spouse and/or dependents covered by the City's insurance plan, the employee will be entitled to 50% of the costs from the City's portion of the insurance premiums associated with the spouse and/or dependent coverage. This benefit will be implemented in compliance with state and federal law. Should the employee elect to Opt -out, the amount equal to 50% of the City's premium costs shall be placed into the employee's Deferred Compensation account. Employees are eligible for this benefit as of the date of hire and have thirty (30) days from the date of hire to complete the Opt -out paperwork. Insurance Opt - out may thereafter occur only during a qualifying event, as defined by the health insurance plan, or on an annual basis during the regular open enrollment period for medical insurance. 10.3.3 Health Reimbursement ArrangementNoluntary Emplovees' Beneficial-V Association (HRA/VEBA) — The City will establish an HRA/VEBA for each employee who is eligible and enrolled or covered by one of the City's health insurance plans. The City agrees to pay all fees for the establishment and maintenance of the HRA/VEBA accounts for which it is legally allowed to pay. The City maintains the right to select the third -party management of the HRA/VEBA. The City agrees to make the following contributions to the HRA/VEBA accounts to eligible employees: A) 2024 — $600 (Contribution to be made within forty-five (45) days of ratification) B) 2025 — $300 (Contribution to be made January 1, 2025) Employer's contributions will be provided based upon the understanding that the bargaining unit will make a best faith effort to meet the annual participation requirements for the AWC Well City Award as outlined by AWC. AGREEMENT 2023-2025 City oFEdmonds (Police Commanders Employees) Packet Pg. 48 7.5.a Union members, as a group, may elect to make mandatory employee contributions via payroll deductions into the HRANEBA as established by the City. Union members, as a group, may elect to have leave cash -outs deposited into the HRANEBA as established by the City. Elections for both mandatory employee contributions and leave cash -out contributions may be adjusted by a majority vote of the Union members no more than once per year and with appropriate notice to City. 10.4 Liability — The Employer shall pay one hundred percent (100%) of those premiums necessary to provide liability insurance for each Employee. The Employer shall provide legal counsel or reasonable attorney's fees for representation and defense of lawsuits and to hold Employees harmless from any expenses connected with the defense, settlement or monetary judgments from such actions, claims, or proceedings arising out of or incident to acts and/or omissions occurring while the Employee was acting in good faith in the performance or purported failure of performance of official duties or employment and provided further that the Employee was not engaging in criminal or malicious misconduct. A criminal conviction shall be deemed conclusive but not exclusive proof of criminal misconduct for the purposes of this section. If the City elects to pay reasonable attorney's fees hereunder, no claim for such payment may be made by an Employee prior to the conclusion of a criminal lawsuit. 10.5 Teamsters Legal Defense Fund — The Employer shall deduct from the paycheck of each Employee covered by this Agreement, who has so authorized it by signed notice to the Employer, on a monthly basis, the requested contribution amount and all required fees and assessments, and transmit such funds either by ACH funds transfer or by paper check made payable to "Teamsters Legal Defense Fund" and sent to American Legal Services. Inc at the address provided by the Union. The Employer shall not bear the burden of any financial costs relating to the Teamsters Legal Defense Fund. 10.6 Retirees' Welfare Trust — The Employer shall remit for each Employee who was compensated for eighty (80) or more hours in the prior month, the monthly premium rate of $94.85 for the "RWT-Plus Plan." The Employer shall deduct from the paycheck of each Employee covered by this Agreement on a monthly basis the full amount as stated above. The Employer will transmit such funds either by ACH funds transfer or by paper check made payable to "Retirees' Welfare Trust" and sent to the address provided by the Trust. Future premium rates shall be determined by the Retirees' Welfare Trust and the Union will provide updated premium rates to the Employer in writing. In the event the Bargaining Unit becomes eligible for the Retirees' Welfare Trust "RWT- Plus XL Plan," the Employer shall deduct from the paycheck of each Employee the monthly premium rate required under that Plan, which the Union will provide to the Employer in writing, and transmit such funds as set forth above. The Employer shall not bear the burden of any financial costs relating to the Retirees' Welfare Trust. AGREEMENT 2023 202� Cily of Edmonds (Police Commanders Emplovees) Packet Pg. 49 7.5.a 10.7 Personal Possessions and Electronic Communications — The Employer cannot assume responsibility for any theft or damage to the personal belongings of City employees, unless otherwise agreed in a Collective Bargaining Agreement. Therefore, the Employer requests that Employees avoid bringing valuable personal articles to work. Employees are responsible for ensuring that their personal belongings are secure while at work. Employees should have no expectation of privacy as to any items or information generated/stored on City owned servers, desktop computers, laptops, tablets, flash drives, portable hard drives mobile phones, or other City owned IT devices. Employees are advised that work -related searches of an employee's work area, workspace, desk, Employer provided locker, computer and electronic mail on the City's property may be conducted without notice. Use of Personal Electronic Devices for City Business: Employees are strongly discouraged from using their own personal electronic devices to conduct Employer business. This includes, but is not limited to: desktop computers, laptops, tablets, flash drives, portable hard drives and mobile phones. Should an Employee use a personal device to conduct Employer business, the Employee will be required to produce the appropriate records to respond appropriately to requests under the Public Records Act, RCW 42.56. Employer information, records, data, emails, reports or any other writings pertaining to Employer business should not be stored on personal devices. All records must reside on the Employer's network. Employees who are unclear on this policy language should consult with the Public Disclosure and Records Management Specialist. 10.8 Electronic and Telephonic Communications Outside of Regularly Scheduled Work Hours — This policy does not apply to the police department employees following department policy, to emergency situations, employees on call back, call out and stand-by or when the employee's supervisor has directed the employee to monitor e-mail or voice mail. Please see Appendix E — INFORMATION SERVICES — ACCEPTABLE USE POLICY — for guidelines on use of Employer computers. ARTICLE XI. UNIFORMS AND EQUIPMENT 11.1 The Employer shall provide the following uniform items to new Employees and replace any of the following uniform items of any Employee which in the reasonable opinion of the Employer require replacement, subject to the language of Section 11.3: o Name Tags: One metal, requisite number of sewn on cloth name tags depending on types/numbers of uniforms selected by Employee; o Shirts: Up to three long sleeve and three short sleeve; o Trousers: Up to three pair; o Trouser Belt: One; AGREEMENT 202;-2025 Cily oFEdmonds (Police Commanders EmploNees) Packet Pg. 50 7.5.a o Jumpsuits: Up to two, with the understanding that each jumpsuit purchased by the Employer will be in lieu of the following three items collectively: one short sleeve shirt, one long sleeve shirt and one pair of trousers; o Hat: One, with Rain Cover; o Baseball Cap: One provided upon employee's request; o Knit Watch Cap: One provided upon employee's request; o Turtlenecks: One provided upon employee's request; o Ties: One for Employee opting for Employer provided jumpsuit, two for other Employees; o Tie Bar: One; o Department Insignia: One pair; o Shoulder Patches: Number dependent upon types/numbers of uniforms selected by Employee; o Badges: Two(one each for hat and uniform); o Shoes or boots: One pair; o Collapsible or Wooden Baton with Holder: One(designated by Employer); 0 3 in 1 Patrol Jacket : One; o Rain Pants: One; o Reflective Traffic Vest: One; o Ballistic Vest: One; o External Vest Carrier and Accessories: One; The Employer is responsible for procurement of new jumpsuits. Any jumpsuits previously purchased by an Employee at the Employee's expense will be owned by the Employee, not subject to reimbursement by the Employer. However, an Employee may utilize the City contracted dry cleaning services for a privately owned jumpsuit. It is understood, and agreed to by the parties, that each Employee shall maintain a minimum of one (1) Class A (long sleeve) Uniform as part of their issued uniform items. 11.2 The Employer shall provide each "Commander" a clothing allowance in the amount of nine hundred dollars ($900.00) per calendar year. This amount shall cover the purchase of clothing. Professional/Plain clothes Employees are subject to the provisions of Section 11.2.1, 11.5 and 11.6 below. All payments will be a separate check or direct deposit. 11.2.1 In an effort to clarify garments covered by this Section, only items used during employment will be covered. Dry Cleaning/Laundry Service will be provided based on a weekly average as follows: o Four (4) items Dry Cleaned or; o Two (2) items Dry Cleaned and four (4) items Laundered 11.3 Employees shall be furnished the required weapon, handcuffs, leather goods and other equipment authorized and required. Employees may choose to furnish their own weapon provided it meets the requirements of the Department and the Employer has no responsibility for replacement or repairs in the event of loss or damage. AGREEMENT 2023-2025 Cily of Edmonds (Police Commanders Finployees) Packet Pg. 51 7.5.a 11.4 The Employer shall provide contract dry cleaning service at no cost to Employees for the cleaning care and maintenance of uniform items listed above. Each uniformed Employee shall be allowed to have two sets of shirts and trousers cleaned per work period. Additional cleaning and maintenance for uniform items shall be as authorized by the Employer. 11.4.1 Employees assigned to plain clothes assignments that receive clothing allowances under Section 11.2 may have uniforms (not to exceed two sets per work period) cleaned following City sponsored/assigned details that required the use of a uniform. 11.5 The Employee shall be held accountable for all uniform items and all other equipment so assigned to the Employee by the Employer. Loss or destruction of items of clothing or protective devices shall be replaced by the Employer where said loss was incurred as direct result of the performance of the Employee while on the job, or as the result of an occurrence not due to the Employee's wrongful act or willful negligence. Any uniform items or equipment assigned to an Employee which is lost or mutilated or requires replacement as a direct result of the Employee's wrongful act or willful negligence shall be replaced at the Employee's expense from a supplier designated by the Employer. 11.6 All uniform items and equipment issued by the Employer to each Employee shall be the property of the Employer. 11.7 No clothing allowance that remains in effect shall accrue during any period in excess of thirty (30) days in which the Employee is on approved disability, and if previously paid it shall be refunded by the Employee through payroll deduction on a pro rata basis. ARTICLE XII. MISCELLANEOUS 12.1 Driver's License Checks — While operating City of Edmonds vehicles, all Employees must have a valid Washington State Driver's License in their possession at all times. This is required for compliance with state law and is also required by the City's insurance carrier. No less frequently than on an annual basis, the City will conduct a driver's license check on each Employee. 12.1.1 Employees who operate City of Edmonds vehicles shall immediately notify their respective Assistant Chief through proper chain of command any time the employee's driver license for any reason becomes suspended, revoked or is in any way not valid or current. Employees shall not resume operation of any City vehicle until a valid, current driver's license is presented to their respective Assistant Chief. 12.2 Auto Vehicle Locator (AVL) - If at any time the Edmonds Police Department begins using AVL technology in its vehicles which are operated by Edmonds Police Department employees, the City agrees that it will not review and use AVL data with the intent of generating any complaints or internal investigations against an Edmonds Police Department employee. AVL data may be used as corroborating evidence to prove or AGREEMENT 202;-2025 Citv of Edmonds (Police Commanders Emplovees) Packet Pg. 52 7.5.a disprove allegations of misconduct made against an Edmonds Police Department employee. The City shall not rely solely on AVL data to sustain any allegation. Corroborating evidence is evidence which strengthens, adds to or confirms already existing evidence. AVL data shall not be used to monitor or evaluate an Edmonds Police Department employee's performance without precipitating cause. AVL data will be used to enhance officer safety and efficiency and is not intended to replace effective first -level supervisory practices, including knowledge of subordinates' activities on shift. AVL data shall not be used solely as a personnel management tool. 12.2.1 In the case of Edmonds Police Department employees having assigned take home vehicles, the City shall comply with RCW 42.56.250 and must redact all identifiable information from a records request for AVL data that would disclose a member's residential location and/or address. 12.3 Bill of Rights — Employees covered by this Agreement shall be entitled to those Rights specified in the attached Officers Bill of Rights, Appendix B, which by this reference is incorporated herein as if set forth in full. 12.4 Management Rights — The Union recognizes the prerogative of the Employer to operate and manage its affairs in all respects in accordance with its responsibilities and the powers and authority which the Employer possesses. 12.4.1 The Union recognizes the exclusive right of the Employer to establish reasonable work rules. Provided, that nothing in this Section shall be construed as a waiver of any Rights the Union may have pursuant to RCW 41.56. 12.4.2 The Employer has the Right to schedule work as required in a manner most advantageous to the Employer and consistent with the requirements of municipal employment and the public interest and to require pre -approval for any schedule adjustments when possible. 12.4.3 Every incidental duty connected with operations enumerated in job descriptions is not always specifically described. Nevertheless, it is intended that all such duties shall be performed by the Employee. 12.4.4 The Employer reserves the right to discipline or discharge for cause. The Employer reserves the right to lay-off for lack of work or funds or the occurrence of conditions beyond the control of the Employer or where such continuation of work would be wasteful and unproductive. The Employer shall have the right to determine reasonable schedules of work, work standards and to establish the methods and processes by which such work is performed. 12.4.5 The Employer retains the right to determine which work assignments may be assigned take home vehicles. The use of a take home vehicle may be discontinued for good cause. No take home vehicle will be assigned to any Employee who resides or subsequently moves beyond a radius of thirty (30) miles from the nearest City AGREEMENT 202;-2025 Citv oTE-dmonds (Police Commanders Emplovccs) Packet Pg. 53 7.5.a limits, provided the Chief of Police may approve any exception(s) to this requirement. All fees or tolls (ferry, parking etc.) associated with a take home vehicle, other than approved business expenses are the responsibility of the Employee. If a take home vehicle has been assigned to an Employee but is unavailable for the Employee's use, the Employee shall be reimbursed for the use of their personal vehicle for Employer business at the mileage rate set annually by the Federal IRS and pursuant to the provisions of Section 9.4 of the City of Edmonds Personnel Policies. Such reimbursement does not include mileage for the Employee's regular commute to and from work during normal working hours. 12.5 Definitions — "Days" when used in this contract shall refer to "calendar days" unless otherwise specified. 12.6 Personnel Policies — The parties agree that the current version of the City's Personnel Policies will apply to Union membership, with the exception of the following policies: Personal Possessions and Electronic Communications; Substance Abuse; and Drug and Alcohol Testing Policies and Procedures. 12.6.1 The following policies apply to the employees covered by this Agreement and where there is conflict with any City personnel policy, whether specifically named in Article 12.6, the attached policies prevail. Personal Possessions and Electronic Communications (Appendix E); and Substance Abuse and Drug & Alcohol Testing Procedures (Appendix D). ARTICLE XIIL NO STRIKE PROVISION 13.1 Nothing contained in this Agreement shall permit or be construed to grant any Employee or group of Employees the right to strike or refuse to perform their prescribed duties. 13.2 During the life of this Agreement there shall be no strikes or refusal to perform official duties and there shall be no lockout. ARTICLE XIV. DISCHARGE OR SUSPENSION 14.1 Generally — The tenure of Employees covered by this Agreement shall be only during good behavior and any such person may be removed or discharged, suspended without pay, demoted or reduced in rank or deprived of vacation privileges or other special privileges for cause. 14.2 Phvsical Fitness — The Employer and the Union agree that satisfactory performance of Police Department duties requires that Employees maintain physical fitness. Each Employee shall maintain a level of physical fitness to adequately perform the essential functions of their job. AGREEMENT 20)3-20?5 Ciry of Edmonds (Police Commanders Emplovees) Packet Pg. 54 7.5.a ARTICLE XV. GRIEVANCE PROCEDURE 15.1 A Grievance shall be defined as an issue relating to the interpretation, application or violation of any terms or provisions of this Agreement. 15.1.1 When an Employee has a Grievance it shall immediately be brought to the attention of the immediate Supervisor and the Employee and Supervisor shall attempt to settle the Grievance. If the Grievance cannot be settled, the Employee shall state the Grievance in writing and present it to the Supervisor in accordance with the procedure set forth below. 15.1.2 An Employee and/or the Union may bring a Grievance at the appropriate step within thirty (30) days of the occurrence of an alleged Violation or within thirty (30) days of when the Employee and/or Union, by reasonable diligence, should have known of the occurrence of said Violation, provided that no remedy may be applied retroactively more than sixty (60) days prior to the actual filing of the Grievance. 15.1.3 The immediate Supervisor shall make every effort to resolve the Grievance within twenty (20) days. Failure of the immediate Supervisor to resolve the Grievance within the twenty (20) day period, shall permit the Employee and/or Union the Right to submit a written demand within twenty (20) days of the Supervisor's answer for resolution of the alleged Violation to the Chief of Police or designee. The Chief or designee shall either schedule a meeting with the Union to discuss the Grievance or respond to the Grievance within twenty (20) days. If a meeting is scheduled, the Chief or designee shall be granted an additional twenty (20) days, from the date of the meeting to respond. 15.1.4 Failure of the Chief of Police to resolve the Grievance (involving only issues that have a monetary penalty proposed), within the timelines outlined in Section 15.1.3, shall permit the Employee and/or Union the Right to submit a written demand within twenty (20) days of the Chief's answer for resolution of the alleged Violation to the Mayor or designee. The Mayor or designee shall either schedule a meeting with the Union to discuss the Grievance or respond to the Grievance within twenty (20) days. If a meeting is scheduled, the Mayor or designee shall be granted an additional twenty (20) days from the date of the meeting to respond. 15.1.5 If the Union is not satisfied with the City's response, it may submit a demand for Arbitration to the Employer in writing within thirty (30) days. 15.1.6 The Employer and the Union shall immediately thereafter select an Arbitrator to hear the dispute. If the Employer and the Union are not able to agree upon an Arbitrator within ten (10) days, after receipt by the Employer of the written demand for arbitration, the Union may request a list of seven (7) Arbitrators from the Federal Mediation and Conciliation Service. After receipt of same, the parties shall alternately strike the names of the Arbitrators until only one name remains who shall, upon hearing the dispute, render a decision which shall be final and binding upon all parties. The party to strike first shall be determined by a flip of a coin. AGREEMENT 2023-2025 Clt) ol'Edmonds (Police Commanders Employees) f Packet Pg. 55 7.5.a 15.2 Nothing herein shall prevent an Employee from seeking assistance from the Union or the Union from furnishing such assistance at any stage of the Grievance procedure. 15.3 The expenses of the Arbitrator and the cost of any Hearing Room shall be borne equally by the parties. In all instances, attorney's fees shall be the responsibility of each individual party. 15.4 If either party fails to take the action required within the times provided herein, the party failing to act shall forfeit its Right to further protest the Grievance, denial of the Grievance or interim recommended solution provided that the time frames enumerated herein may be extended with the mutual written agreement of the parties. 15.5 By mutual agreement between the Union representative and the Mayor's Office, or when that step is the lowest level at which a matter may be resolved, an Employee or the Union may initiate a Grievance at the Chief s level. Nothing herein constitutes a waiver of the Union's Right to bargain pursuant to RCW 41.56. ARTICLE XVI. EQUITY CLAUSE 16.1 The parties agree that any provision relating to mandatory subjects of bargaining applicable to the Commander positions that the City and the Edmonds Police Officers' Association representing Law Enforcement Commissioned Employees have agreed to include in a Collective Bargaining Agreement executed after the date of execution of this Agreement shall automatically apply to the terms of this Agreement. ARTICLE XVII. SAVINGS CLAUSE 17.1 All provisions of this Agreement shall be complied with unless any of such provisions shall be declared invalid or inoperative by a court of competent jurisdiction or rendered invalid by operation of federal or state statute. In such event either party may request re- negotiations of such invalid provisions for the purpose of adequate and lawful replacement thereof, provided however, that such finding shall have no effect whatsoever on the balance of this Agreement. ARTICLE XVIII. DURATION 18.1 This Agreement shall be effective August 2, 2023, and shall remain in full force through December 31, 2025. AGREEMENT 202 i-2025 Citv of Edmonds (Police Commanders Employees) Packet Pg. 56 7.5.a ARTICLE XIX. ENTIRE AGREEMENT 19.1 The parties agree that each has had full and unrestricted right and opportunity to make, advance, and discuss all matters properly within the province of collective bargaining. The above and foregoing Agreement constitutes the full and complete Agreement of the parties and there are no others, oral or written, except as contained herein. Each party for the term of this Agreement specifically waives the right to demand or to petition for changes herein or additions hereto. IC A CITY OF EDMONDS, WASHINGTON Mike Rosen PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the Intern otherhood of Teamsters By Chad Aaker Mayor Secretary- •easurer Date Date (fe:) 2 ATTEST/AUTHENTICATE: Scott Passey, City Clerk Date AGREEMENT 202 i-2025 City of Edmonds (Police Commanders Employees) Packet Pg. 57 7.5.a APPENDIX "A" to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Police Department Commanders) August 2, 2023 through December 31, 2025 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and TEAMSTERS LOCAL 763, hereinafter referred to as the Union. APPENDIX "A" COMPENSATION A.1 Salary — Effective August 2, 2023, the first step of the Commander pay schedule shall be set at a differential of twenty-two percent (22%) above the top step of the Sergeant pay schedule. The current Commander pay rates are as follows: STEP 1 STEP 2 Annual $160,323.00 Annual 1$168,339.00 Monthly $13,360.25 Monthly 1$14,028.25 Employees will remain in Commander Step 1 during their probationary period as set forth in Section 5.1. After probation is complete, the Employee will advance to Step 2, which constitutes a five percent (5%) * increase above Commander Step 1. Based on the change to the Collective Bargaining Agreement of the Edmonds Police Officers' Association, representing Law Enforcement Officer Commissioned Employees, which resulted in the first step of the Commander pay schedule having less than a twenty- two percent (22%) pay differential above the top step of the Sergeant's pay schedule, the Commander pay schedule will be adjusted accordingly effective January 1, 2024. Effective January 1, 2025, the first step of the Commander pay schedule shall be set at a differential of twenty-two percent (22%) above the top step of the Sergeant pay schedule. All Employees shall participate in the Employer's payroll "direct deposit" program. *Actual amounts in the payroll system may differ slightly due to standard rounding. AGREEMENT 20D-2025 CitN of Edmonds (Police Commanders Employees) Packet Pg. 58 7.5.a A.2 Longevity Pay — An Employee shall receive in addition to their monthly rate of pay set forth within Section A.1, monthly Longevity Pay calculated based on the Employee's years of service for the City of Edmonds Police Department in accordance with the following. This pay shall be retroactive to August 2, 2023. LONGEVITY PAY After 5 years 3% of Employee's monthly rate of pay After 10 years 5% of Employee's monthly rate of pay After 15 years 7% of Employee's monthly rate of pay After 20 years 9% of Employee's monthly rate of pay A.3 Physical Fitness Pay — Any Employee who has completed the probationary period, and any other Employee who fulfills the Physical Fitness Standards set forth within Appendix C shall receive in addition to their annual salary set forth within Section A.1, and all subsequent increases thereto, Physical Fitness Pay equal to one and one-half percent (1.5%) of the above referenced annual salary, provided the Chief of Police has discretion to waive the testing requirements as he or she deems appropriate. With the exception of injuries incurred while on -duty, any Employee who is unable to participate in the annual Physical Fitness testing process for medical reasons exceeding ninety (90) days duration beyond the last scheduled primary testing date will be deemed ineligible to collect the Physical Fitness Pay for the next calendar year. Each Employee injured while on duty is entitled to one year's compensation per individual injury with a doctor's written waiver. For purposes of this initial Agreement, the Employer shall make a one-time lump sum Physical Fitness Pay payment to each Employee covering the period of August 2 through December 31, 2023. Employees shall, within thirty (30) days of Edmonds City Council approval of this Agreement, take the Basic Law Enforcement Academy (BLEA) Physical Agility Test as set forth in Section C.11, below. Employees who pass this test will be paid Physical Fitness Pay for the 2024 calendar year, to include one lump sum catch-up payment retroactive to January 1, 2024 and monthly payments thereafter. Eligibility for Physical Fitness Pay for 2025 will be based on Employees' successful passage of the annual Physical Fitness Test as set forth in Appendix C. A.4 Education Pay — Any Employee shall receive in addition to their monthly rate of pay set forth within Section A.1, and all subsequent wage increases, monthly Education Pay in accordance with the following: JOB RELATED COLLEGE CREDITS MONTHLY EDUCATION PAY AA degree or 90 credits 2% of Employee's monthly rate of pay 135 credits 4% of Employee's monthly rate of pay BA degree 6% of Employee's monthly rate of pay A.4.1 Job related college credits shall mean all credits accepted by a nationally accredited college or university. AGREEMENT 2023-2025 Ciq, oFEdmonds (Police Commanders Emplovecs) Packet Pg. 59 7.5.a A.5 Out of Class Pay — Commanders working Out of Classification shall be paid at the same step of the Assistant Chief s rate of pay for each full shift assigned to fill in for an Assistant Chief and shall be paid at the same step of the Chief of Police's rate of pay for each full shift assigned to fill in for the Chief of Police. A.6 Deferred Compensation — The City will contribute 4% of the Employees' base wage into a deferred compensation plan of the Employees' choice. The Employee will choose one of the three (3) plans currently offered by the City. AGREEMENT 2023-2025 City of Edmonds (Police Commanders Employees) r Packet Pg. 60 7.5.a APPENDIX "B" to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Police Department Commanders) August 2, 2023 through December 31, 2025 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and TEAMSTERS LOCAL 763, hereinafter referred to as the Union. APPENDIX "B" BILL OF RIGHTS BA Employee Rights: It is agreed that the City has the Right to discipline, suspend, or discharge any Employee for just cause. B.2 Bill of Rights: B.2.1 In an effort to ensure that investigations made by an Officer as designated by the Chief of Police of the Police Department are conducted in a manner which is conducive to good order and discipline, the Employees shall be entitled to the protection of what shall hereafter be termed as the "Employee Bill of Rights." B.2.2 Every Employee who becomes the subject of an Internal Affairs (I/A) investigation, as defined by department policy, shall be advised in writing at the time of the interview that they are suspected of - (a) Committing a criminal offense; or (b) Misconduct that would be grounds for termination, suspension, or other economic sanction; or (c) Not being qualified for continued employment with the Police Department (such as job competency or fitness for duty). B.2.3 Any Employee who becomes the subject of a criminal investigation shall have all Rights accorded by the State and Federal Constitutions and Washington State law. B.2.4 The Employee under investigation must, at the time of an interview, be informed of the name of the Officer in charge of the investigation and the name of the Officer who will be conducting the interview. AGREEMENT 202 i-2025 City ol'Edinonds (Police Commanders Emplovccs) Packet Pg. 61 7.5.a B.2.5 Forty-eight (48) hours before an Internal Affairs (I/A) Investigation interview commences, any Employee who is the subject of an Internal Affairs Investigation shall be informed, in writing, of the nature of the investigation, that the Employee is considered a "suspect" in the investigation and shall include the following information: o Who is the complainant or the victim; o What reportedly took place; o When it happened, and o Where it happened. No forty-eight (48) hour notice is required for Employees subject to Investigations that will not result in any economic sanction, e.g., a Complaint Investigation; however if the Employee requests to contact a Union Representative, appropriate time will be allowed prior to the interview. Employees who are given a forty-eight (48) hour notification may waive that delay by signing a written waiver form. No forty-eight (48) hour notice or Union Representation is required for an Employee listed as a "witness" in an I/A or for routine Supervisor/Subordinate inquiries that will not result in any economic sanction. B.2.6 The interview of an Employee shall be at a reasonable hour, preferably when the Employee is on duty, unless the exigency of the interview dictates otherwise. Whenever practical, interviews shall be scheduled during the normal workday of the Employer. B.2.7 At the cost of the requesting party and in accordance with Washington State Law, RCW 9.73, the Employee or the Employer may request that an investigative interview be recorded, either mechanically or by a stenographer. There can be no "off-the-record" questions. Upon request, the Employee under an investigation shall be provided an exact copy of any written statement the Employee has signed or, at the Employee's expense, a verbatim transcript of the interview. B.2.8 The Employee may be required to answer any questions in an investigation and will be afforded all Rights and privileges to which they are entitled under the laws of the State of Washington or the United States. Prior to being ordered to respond to any question, the Employee will be notified in writing and acknowledge receipt of the following: "You are about to be questioned as part of an internal investigation being conducted by the Police Department. You are hereby ordered to answer the questions which are put to you which relate to your conduct and/or job performance and to cooperate with this investigation. Your failure to cooperate with this investigation can be the subject of disciplinary action in and of itself, including dismissal. The statements you make or evidence AGREEMENT 202 i-2025 City ol'Edmonds (Police Commanders Employees) PAdF 'M Packet Pg. 62 7.5.a gained as a result of this required cooperation may be used for administrative purposes but will not be used or introduced into evidence in a criminal proceeding." Employees who are subject to a Criminal Investigation shall be advised of their Miranda Rights. B.2.9 Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. Written notice shall be provided forty-eight (48) hours prior to any Investigative (I/A) interview subject to the notice requirements of Section B.2.2. As noted in Section B.2.2 the Employee may provide a written waiver of the forty-eight (48) hour requirement. The Employee shall be afforded an opportunity and facilities to contact and consult with their Union Representative before being interviewed if requested. The Employee may be represented by the Union Representative to the extent permitted by law. The Employee shall be entitled to such reasonable intermissions as the Employee shall request for personal necessities, meals, telephone calls, consultation with their Representative, and rest periods. B.2.10 The Employee shall not be subjected to any profane language nor threatened with dismissal, transfer or other disciplinary punishment as a guise to obtain the resignation of said Employee nor shall the Employee be subjected to intimidation in any manner during the process of interrogation. No promises or rewards shall be made to the said Employee as an inducement to answer questions. B.2.11 Investigations shall be concluded within a reasonable period of time as defined in Section 1020 of the Department Policy Manual. Within a reasonable period after the conclusion of the investigation and no later than forty-eight (48) hours prior to a pre -disciplinary hearing, the Employee shall be advised of the results of the investigation and the potential disposition (which may include a range of possible discipline) and shall be provided a copy of the investigatory file. In the event an investigation is sustained but no discipline is to be imposed because it was not completed within established timelines, the Employee is still entitled to a Loudermill hearing and appeal process. (NOTE: Time frames for complaint investigations increased from 30 to 45 days; internal affairs investigations increased from 60 to 90 days. Section 26.1.4 of the Department Policy Manual will be changed accordingly.) B.2.12 All interviews shall be limited in scope to activities, circumstances, events, conduct or actions which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the Employee about information which is developed during the course of the investigation. B.2.13 No Employee shall be requested or required to submit to a polygraph test or to answer questions for which the Employee might otherwise properly invoke the protection of constitutional amendment against self-incrimination, except as AGREEMENT 2023-2025 Ow of Edmonds (Police Commanders Employees) Packet Pg. 63 7.5.a required pursuant to Section B.2.8. Nor shall any Employee be dismissed for or shall any other penalty be imposed upon the Employee solely for a failure to submit to a polygraph test or to answer questions for which the Employee might otherwise invoke the protection of any constitutional amendment against self-incrimination; and provided further that this provision shall not apply to either the initial application for employment or to persons in the field of public law enforcement who are seeking promotion. Should any section, subsection, paragraph, sentence, clause or phrase in this Article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this Article. B.2.14 Medical or Psycholoeical Examinations: B.2.14.1 The Employer retains the right to require Employees to submit to medical or psychological examinations when there exists good cause to believe an Employee is unfit for duty. Any relevant medical history of the Employee which the examining professional conducting a psychological evaluation requests shall be released by the Employee only to the examining professional. B.2.14.2 The examining professional shall issue a written report to the Employer, as the client, provided however, that such report shall indicate only whether the Employee is "fit" or "unfit" for duty and in the event an Employee is unfit the expected prognosis and recovery period as well as any accommodations which could be made to allow an Employee to return to duty consistent with the attached form (Appendix B-1). The report shall be made available to the Employee. B.2.14.3 The Union shall have an opportunity at its expense, to discuss with the Employer's examining professional their conclusion and reasons therefore. If the Employee believes that the conclusions of the examining professional are in error, they may obtain an additional examination at their own expense and the Employer will provide the examining professional with documents which were utilized by the Employer's examining professional. In the event, the Employee and/or Union seek to contest the conclusion of the first examining professional, the Employee's report shall be in writing and shall be available to the Employer. The report shall be kept as confidential medical information and any use outside of the accommodation or fit for duty process shall be subject to a written medical release by the Employee. The Employee shall authorize the second examining professional to respond to reasonable questions clarifying the opinion, at the Employer's expense. Nothing herein prohibits the examining professionals from making safety disclosures required by law. B.2.14.4 The Employer will undertake to have the Employer's examining professional make themselves available to answer appropriate questions AGREEMENT 2023-2025 CON- of Edmonds (Police Commanders Employees) Packet Pg. 64 7.5.a by the examining professional, at the Union's expense, who conducts the independent examination. B.2.14.5 Should an Employee Grieve a disciplinary or discharge action taken as a result of an examination, the Employer shall allow release of the examination and supporting documents upon which it relies for the action, and all other prior examinations of the Employee. B.2.14.6 Should an Employee Grieve a demotion, discharge or other action subject to the Grievance process, taken as a result of an examination, the Employer and Employee shall allow release of all examinations and supporting documents upon which it will rely in the proceedings, and all other prior examinations of the Employee determined to be relevant by the Grievance Arbitrator after a confidential review by the Arbitrator. B.2.15 Personnel Records: B.2.15.1 Contents: A "personnel file" shall be defined as any file pertaining to the Bargaining Unit member's employment status, work history, training, disciplinary records, or other personnel related matters pertaining to the Bargaining Unit member. It is further understood that a personnel file does not include material relating to medical records, pre -appointment interview forms, Internal Affairs files, or applicant background investigation documents such as, but not limited to, psychological evaluations and polygraph results. B.2.15.2 The Employer will promptly notify an Employee upon receipt of a court order, subpoena or a public disclosure request for information in the Employee's personnel file. The Employer will also provide at least seventy-two (72) hours' notice before releasing any requested documents, provided, however, that in the event the Employer is required to respond to a subpoena or other court order in a time frame less than seventy-two (72) hours, it will provide prompt notice of its response date. The Employer will allow the Employee and the Union the fullest possible opportunity to legally object to unwarranted disclosures. B.2.15.3 Each Employee's personnel files shall be open for review by the Employee, provided that Employees shall not have the right to review psychological evaluations or supervisor's notes prepared for the purpose of preparing Employee's evaluations which are destroyed after the evaluation is prepared. The Employer shall maintain no secret personnel files not subject to inspection. AGREEMENT 202;-2025 Cite of Edmonds (Pohcc Commanders Employees) Packet Pg. 65 7.5.a B.2.15.4 All Complaints, Internal Affairs Investigations and Review Board shall be maintained in accordance with the Secretary of State — Archivist's record retention schedule, with the following exceptions: (1) Any instances where subsequent disciplinary action was relied upon as part of a process of progressive discipline. (2) When required by law to be retained, such as instances covered by the Federal Rehabilitation Act or the Americans with Disabilities Act. All such files will be retained in a separate confidential medical file only. Any records involved in any stage of litigation or other judicial process will be purged from the personnel file according to the schedule above but may be retained by the Department in a separate litigation discovery file. All complaints and internal affairs investigations resulting in disciplinary action of a ten (10) or more day suspension, demotion or termination will not be purged. All files noted in this policy shall be kept confidential to the full extent permitted by law or the Collective Bargaining Agreement and the Rights created there under. In the event of a request for release or review of an investigative or disciplinary file, the Employee to whom the file relates will be provided written notice of the request and the Employer's intended response prior to the date of release. B.2.16 Use of Force: B.2.16.1 Statement of Purpose: The parties recognize that adequate training is critical for preventing unnecessary use of force and for minimizing the impact on an Employee who is involved in a situation where force must be used. The Department recognizes that it is its obligation to provide adequate training in this area, including the reactions of Employees in critical instances and in dealing with problems that result after being involved in a critical incident. B.2.16.2 Procedures: Any time an incident occurs involving a use of lethal force, against a person, the following will apply: B.2.16.3 When an Employee, whether on or off duty, uses lethal force which results in the injury or death of a person, or discharges a firearm in which no injury occurs, the Employee shall not be required to make a written or recorded statement for forty-eight (48) hours after the incident, except that immediately following the incident the Employee shall verbally report to a Superior a brief summary of the incident and any information necessary to secure evidence, identify witnesses, or apprehend suspects or similar information necessary to preserve the immediate safety of the public and fellow officers. The affected Employee may waive the requirement to wait forty-eight (48) hours. AGREEMENT 2023-2025 Cih- of Edmonds (Police Commanders Emplovecs) PAr- Packet Pg. 66 7.5.a Beyond that the Department will not question the Employee(s) regarding any information regarding the incident, but will immediately inform the Employee involved in the incident that they have the Right to be allowed prompt access to any of the following: (a) Their spouse; (b) The Union's attorney and the attorney's agents; (c) The Employee's personal attorney; (d) Psychologists, psychotherapists, or ministers depending upon the Employee's choice and (e) Peer Support Counselor. The Department will encourage the Employee to have access to any of the above listed persons and to promptly do so telephonically if the Employee so requests. Any discussions about the incident that the Employee has with the above -mentioned personnel shall be confidential. The Department and the Union shall mutually agree on designated Peer Support Counselors and appropriate training. B.2.16.4 The Department or its designee will conduct a thorough and competent investigation of the incident, including using the appropriate techniques for preservation of the scene if relevant where the use of force took place. All reports and findings from this investigation, following a determination as to whether criminal charges should be filed, will be promptly made available to the Union upon request. If the Department must preserve a chain of custody for weapon or weapons utilized in the incident, the Employee will be promptly issued replacement weapons unless it is inappropriate to do so. B.2.16.5 The Department or its designee will assign a properly trained interviewer to interview the Employee. The interviewer will be trained in the appropriate techniques of interview, interrogation and investigation of "Officer Involved Shooting." If there are multiple investigators assigned because of the concurrent investigations that are underway, the investigators will coordinate so that one investigator will be primarily responsible for the interview. All reasonable attempts will be made to minimize the need for successive interviews. B.2.16.6 No statement will be required within forty-eight (48) hours after the incident except as indicated above. The interview of the Employee involved in a lethal force situation will be done under circumstances intended to minimize the traumatic affect of the interview on the Employee. The Employee will be given reasonable breaks and periods to prepare for the interview, and be given reasonable telephonic access to the above listed personnel during the interview upon request. Additionally, the Employee shall have a Right to be represented during the interview by AGREEMENT 2023-2025 Cite of Edmonds (Police Commanders Employees) Packet Pg. 67 7.5.a an Union Representative or the Employees attorney. If requested, the interview will be postponed until the Employee has had a reasonable opportunity to seek prompt professional counseling before the interview takes place. B.2.16.7 In the discretion of the Department, the Employee may be placed on administrative duty and assigned to responsibilities in training or other administrative areas with the specific nature of the Employee's duty to be assigned by the Department in consultation with the Employee. The Department may also place the Employee on administrative leave. The request to be considered for an administrative assignment or administrative leave may be initiated by the Employee. B.2.16.8 While on administrative assignment or leave, the Department will allow access to the Employee's choice of licensed mental or medical health professional without loss of pay or benefits to the Employee. B.2.16.9 When either the Employee or the Employer believes that the Employee should return to the Employee's regular assignment, at the Employer's option the Employee will provide a letter from their licensed psychologist or medical doctor indicating that the Employee is ready to return to their regular duties or to modified duties. The Employer at its option may request an independent medical psychological exam, which will be conducted in conformity with the procedures outlined in this agreement and the Americans with Disabilities Act (ADA). B.2.16.10 While on administrative leave and after returning to duty, the Employee will be encouraged and allowed full access for up to four (4) sessions with licensed mental or medical health professional without loss of pay or benefits to the Employee while participating in such program. AGREEMENT 2023-2025 City of Edmonds (Police Commanders Employees) Packet Pg. 68 7.5.a APPENDIX "B-1" to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Police Department Commanders) August 2, 2023 through December 31, 2025 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and TEAMSTERS LOCAL 763, hereinafter referred to as the Union. I, , hereby authorize Dr. to (Employee Name) (Doctors Name) provide the following medical information to my Employer, the City of Edmonds. In accordance with Sections 102(c)(13), 102(c)(C) and 102(c)(4)(C) of the Americans with Disabilities Act, the above named Doctor is required to maintain all medical records in Union with their examination of me on separate forms and in separate medical files and must treat those records as a confidential medical record with the following exceptions: The Doctor will issue a written report to the Employer and the Employee. The report shall be a "Functional Diagnosis." Functional Diagnosis is defined as: The evaluation by a physician or psychologist ("treating professional") of how an underlying but undisclosed disability may affect an individual's performance in the workplace. The treating professional may outline symptoms, impediments to performance, or other impacts which the Employee may display in order to reasonably accommodate the Employee's return to work. The functional diagnosis shall be kept confidential as private health care information pursuant to the Americans with Disabilities Act and released only to the Chief of Police and Assistant Chiefs of Police; and, when appropriate, emergency medical personnel. Furthermore, I authorize the Doctor if they determine that I am able to perform the essential functions of my job, to so inform my Employer. This release is intended to grant no further access to my confidential medical records than the Americans with Disabilities Act allows and the examining physician is instructed accordingly. NOTE: This federal law creates a cause of action against any individual who violates its provisions. (Patient/Employee's Signature) (Date) AGREEMENT 2023-2025 Cite of Edmonds (Police Commanders Emplovccs) Packet Pg. 69 7.5.a a� _ Cu a L ) Cu m a.� U d O U N O N CI) N Co N N L _ E E O U C) f� C,1 O J N L E Cu MQ W U LO N O N M N O N W L _ E E O U d U_ O a a AGRLEiA4E1yT?02;-_025 City Of Edmonds (Police Commanders Emplovecs) Packet Pg. 70 7.5.a APPENDIX "C" to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Police Department Commanders) August 2, 2023 through December 31, 2025 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and TEAMSTERS LOCAL 763, hereinafter referred to as the Union. CA Pursuant to Article A.3 of the Agreement between the parties signatory hereto, the following shall serve as the controlling document with respect to the establishment of a Physical Fitness Program and the procedures by which the aforementioned program shall be administered. C.2 Special tests may be requested by Employees who have physical handicaps or limitations, which interfere with the ability to do one or more of the regular tests. Special tests, if requested, will be devised by the treating doctor at the Employee's expense, and approved by the Police Department, unless the injury was incurred on duty. Approval is contingent on such tests being approximately equivalent to the regular test in terms of the ability tested. Physician certifications of limitations and correlating special test(s) shall be valid for one year, and subsequent requests must be supported with current documentation. In instances where the Employee may have a chronic condition (e.g. knee or shoulder condition), certifications of limitations and correlating special tests shall be valid for three (3) years; subsequent requests for the same condition must be re-evaluated and supported by a new authorization. In all cases, the treating doctor must certify in writing that the physical handicap, injury or limitation does not prevent the Officer from performing the essential functions of the job of a police officer. C.3 Employees of the Police Department may submit to the Physical Fitness Test set forth herein, or modification thereof pursuant to Section C.2 of this Appendix. The primary test will be scheduled annually by the department, unless waived by the Chief of Police pursuant to Section A.3 of the CBA. In the event of a waiver all Members of the bargaining unit will be compensated for the ensuing calendar year. A reasonable number of make-up dates will be scheduled as needed for the primary test if the Employee has an excused absence approved by their- Division Commander. Any Employee unable to pass the primary Physical Fitness Test may be afforded only one opportunity, upon their written request, to repeat the entire test prior- to December 31'. The compensation period will run from January 1 through December 31 of each year based on the previous year's test. AGREEMENT 202 ;-2025 City of Edmonds (Police Commandos Employees) Packet Pg. 71 7.5.a New Employees who become eligible for the Physical Fitness incentive prior to the annual test period will be compensated until the next test period if they successfully completed an equivalent Physical Fitness Test at the time of hiring. CA The Employer may purchase a group membership at the Harbor Square Athletic Club for all Edmonds Police Officers covered by this Agreement. Any increase in the group membership or hourly court rate shall be borne by the Employer. C.5 Workout on Duty — To encourage employees to maintain or improve physical fitness and/or mental well-being, Employees may be allowed up to four (4) hours per work week to exercise on duty. Employees may only exercise on duty when staffing and call -load permits and they have received approval from their supervisor. In no event will employees be allowed to take more than one (1) total hour for exercise on any workday. The one hour includes time needed for changing out, showering, and returning to duty. Utilization of City of Edmonds workout facilities is preferred while exercising on duty. Only one Employee at a time will be permitted to exercise on duty. Any Employee who is exercising on -duty is subject to immediate recall by the supervisor for any emergency situation. C.6 Employees participating in the Physical Fitness Test or a retest as outlined in Section C.3 may do so while on duty. C.7 Employees shall cooperate with the physician in efforts to experiment with and improve the tests and standards contained herein. C.8 All Employees who are classified as Law Enforcement Officers and Fire Fighters Act II (LEOFF II) Employees shall be protected against loss of pay for time off work due to any injury sustained while participating in authorized Harbor Square Athletic Club conditioning programs. Should a LEOFF II Employee become disabled due to an injury of the aforementioned nature, the Employer shall compensate the Employee for all time off work beyond depletion of any accrued sick leave benefits until such time as the Employee shall have begun to receive State Disability Benefits, provided that the Employer shall receive credit for any other employment or disability benefits received by Employee during that time. C.9 Every other year, each Employee shall be given the option to obtain a blood scan and treadmill test from a physician/provider designated by the Employer. These tests will be provided at the Employer's expense. Employees may, if referred by their physician/provider, choose to complete a coronary calcium scan instead of a treadmill test. The location of this test will be determined by the Employee and their physician/provider. The test must be processed through the Employee's health insurance. The Employer will reimburse the Employee for out-of- pocket costs resulting from this test that are not covered by insurance. To receive this benefit, Employees must submit a reimbursement request to the department with a copy of AGREEMENT 202 i-2025 City of Edmonds (Policc Commanders Emplo) ces) PACE ,s Packet Pg. 72 7.5.a the corresponding Explanation of Benefits (EOB) within six (6) months of the date of service. Employees shall not be compensated for the time involved for these tests. C.10 The medical records shall be maintained in the office of the examining physician. C.11 Physical Test Description —The physical tests for this shall be the current required BLEA PAT (Physical Agility Test) for admission. The results of these tests shall be made available to the Employer. The current BLEA PAT (2024) consists of the following: 1. Pushup Test BLEA: 90 seconds to complete a minimum of 20 pushups to pass Followed by a three (3) minute rest period 2. Sit Up Test BLEA: 90 seconds to complete a minimum of 25 sit ups to pass Followed by a five (5) minute rest period 3. Squat Thrust Test BLEA: Three (3) minutes to complete a minimum of 35 squat thrusts to pass C.12 The Employer agrees to indemnify and hold the Union harmless from liability to any Employee who successfully claims that the physical fitness standards or alternative standards adopted pursuant to this Appendix violate the Employee's Rights under the ADA or WSLAD or other law governing disability discrimination. AGREEMENT 2023-2025 City of Edmonds (Police Commanders Employees) PAGE 39 Packet Pg. 73 7.5.a APPENDIX "D" to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Police Department Commanders) August 2, 2023 through December 31, 2025 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and TEAMSTERS LOCAL 763, hereinafter referred to as the Union. 1. PURPOSE. It is the policy and intent of the Employer and the Union to maintain a safe and healthy working environment for all employees, to ensure efficient and safe community service, to protect employees and the Employer from liability, to safeguard Employer property and assets, and to comply with all applicable laws and regulations governing substance abuse. The parties are committed to a substance -free workplace and have an obligation to ensure public safety and trust in its services and programs. Accordingly, the manufacture, distribution, dispensation, possession, or use of a controlled substance, the unauthorized use of prescription drugs, the use of drugs not medically authorized, or the use of any other substance, including alcohol, which would impair job performance or pose a hazard to the safety and welfare of the employee, the public, or other employees is strictly prohibited. Employees who possess or use substances in violation of this Policy may be subject to discipline in accordance with this Policy. It is imperative that employees, who abuse substances, as defined in this Policy, be aware of the seriousness of such misconduct and the potential penalties. In addition to law enforcement measures that could be invoked for criminal violations, such employees may be subject to discipline because of the serious safety, health, and service risks that they create. By avoiding substance abuse, such risks and penalties may be averted. All employees are strongly urged to follow the guidelines in this Policy and utilize rehabilitation services if substance abuse becomes a personal problem. 1.1 Medical Review Officer. The Employer has designated a licensed individual with knowledge of substance abuse disorders and appropriate medical training to serve as its Medical Review Officer ("MRO"). The MRO shall interpret drug test results for the Employer. The Medical AGREEMENT 2023-2025 City of Edmonds (Police Commanders Employees) rAl-- - Packet Pg. 74 7.5.a Review Officer is identified in Appendix B of the City of Edmonds Personnel Policies. 1.2 Substance Abuse Professional. The Employer has designated a licensed individual with knowledge of substance abuse disorders and appropriate medical training to serve as its Substance Abuse Professional ("SAP"). The SAP shall determine whether employees who fail a drug or alcohol test or refuse to submit to such a test need assistance in resolving problems associated with substance abuse. The SAP will recommend a course of action to such employees and determine whether they follow through with the SAP's recommendations. The SAP shall also determine the frequency and duration of follow-up testing for any such employees who are permitted by the Employer to return to work. The Substance Abuse Professional is identified in Appendix B of the City of Edmonds Personnel Policies. 2. DEFINITIONS. 2.1 Employee. "Employee" includes members of the Edmonds Police Department subject to the provisions of this collective bargaining agreement. 2.2 Substance. "Substance" includes drugs and alcohol, as defined below. 2.2.1 Drug. "Drug" means any substance that impairs an employee's ability to perform a job or duty, or poses a threat to the safety of the employee or others. This definition includes controlled substances (those substances whose dissemination is controlled by regulation or statute, including, but not limited to, those drugs included in Schedule I and II as defined by 21 U.S.C. 801 et seq., the possession of which is illegal under Chapter 13 of that title). Such controlled substances are frequently and commonly referred to in familiar terms and specifically include marijuana, cocaine, opiates, amphetamines, and phencyclidine ("PCP"). Further, this definition of drug also includes over-the-counter drugs and/or drugs which require a prescription or other written approval from a licensed medical practitioner for their use, if the use of such drug(s) is likely to or does impair the employee's ability to perform a job or duty, or poses a threat to the safety of the employee or others. It further includes any other substance capable of altering an individual's mood, perception, pain level, or judgment (e.g., mushrooms, glue). 2.2.2 Alcohol. "Alcohol" means any intoxicating liquor that when consumed to excess will produce some level of intoxication. AGREEMENT 202 i-2025 City of Edmonds (Police Commanders Employees) Packet Pg. 75 7.5.a 2.3 Substance Abuse. "Substance abuse" means involvement with a substance in violation of this Policy. 2.4 Substance Test. "Substance test" includes both drug and alcohol tests, as defined below. 2.4.1 Drug Test. "Drug test" means a urinalysis test for the presence of amphetamines, cocaine, opiates, THC (marijuana), and phencyclidine (PCP). 2.4.2 Alcohol Test. "Alcohol test" means a breath test to determine an employee's alcohol concentration level pursuant to Section 4.6.2, below. 2.5 Passing a Substance Test. "Passing a substance test" means passing a drug and/or alcohol test, as defined below. 2.5.1 Passing a Drug Test. "Passing a drug test" means that the test result does not show any positive evidence of the presence of a drug in the employee's system that is at or above a determined threshold level. The threshold level for drugs, shall be as set forth in Department of Transportation Standards 49 CFR PART 40 §40.87. An MRO must determine that the results of a drug test: (1) show no evidence or insufficient evidence of a prohibited drug or drug metabolite; (2) show evidence of a prohibited drug or drug metabolite, but there is a legitimate medical explanation for the result; (3) show evidence of a prohibited drug or drug metabolite below a determined threshold level; or (4) are suspect because of Irregularities in the administration of the test or chain of custody procedures. Passing a drug test shall be referred to as "testing negative." 2.5.2 Passing an Alcohol Test. "Passing an alcohol test" means that the test result shows an alcohol concentration AGREEMENT 2023-2025 City ol'Edmonds (Police Commanders Employees) Packet Pg. 76 7.5.a of 0.02. Passing an alcohol test shall be referred to as "testing negative." 2.6 Failing a Substance Test. "Failing a substance test" means that the test result showed positive evidence of the presence of a substance in an employee's system that is at or above a determined threshold level. This determination shall be made by the Employer MRO under the same standards as passing a substance test. Failing a substance test shall be referred to as "testing positive." Refusal to submit to testing may result in disciplinary action up to and including termination. 2.7 Under the Influence. "Under the influence" is defined as a condition arising from using a substance, which may limit an employee's ability to safely and efficiently perform a job or duties, or may pose a threat to the safety of the employee or others, and it shall be determined by the presence of a substance in an employee's system as measured by a substance test in accordance with the terms of this Policy 2.8 Impaired. "Impaired" means a diminishing or worsening of an employee's mental or physical condition that is the result of using a substance. 2.9 Medical Authorization. "Medical authorization" means a prescription or other written approval from a licensed medical practitioner for the use of a substance in the course of medical treatment, which must include the name of the substance, the period of authorization, and whether the prescribed medication may impair job performance. This requirement also applies to refills of prescribed drugs. 3. PROHIBITED ACTIVITY. 3.1 Alcohol. The use or possession of alcohol during working hours, on Employer property, or in Employer vehicles is prohibited. Employees are not permitted to report for work or to perform any Employer business while under the influence of alcohol Employees who report to work with an alcohol concentration at or greater than 0.02, will not be permitted to report to work or remain at work. Additionally, an employee who reports to work with the obvious odor of intoxicating beverages on their breath, but not "under the influence" of alcohol as defined herein will not be allowed to perform any Employer business and may be subject to discipline. Reasonable exceptions to this policy may be made for the legitimate business needs of the department (i.e. undercover work). AGREEMENT 2023-2025 City or Edmonds (Police Commanders Employees) Packet Pg. 77 7.5.a a� _ Cu a L ) Cu CO a.� U d O U N O N CI) N CO N (n L w _ E E O U C) f� C,1 O J N L E Cu MQ W U LO N O CV M N O N W L _ E E O U d U_ O a a AGREEMENT 20_ i -1015 Cnv ofEdmonds (Police Commander; Employees) Packet Pg. 78 7.5.a 3.2 Dru2s. The manufacture, distribution, dispensation, possession, or use of a controlled substance, a drug not medically authorized, or other substances that impair job performance or pose a hazard to the safety and welfare of the employee, the public, or other employees is prohibited. An employee is not permitted to report to work or perform any Employer business while under the influence of any drug, including medically authorized or over- the-counter drugs, which impair work performance. Employees who perform safety - sensitive functions must report the medical use of drugs or other substances that could impair safe job performance to a member of command staff or the Employer's HR Department and provide proper written medical authorization from a licensed medical practitioner that the substance will not adversely affect the employee's ability to safely perform work. It is the employee's responsibility to determine from the licensed medical practitioner whether the prescribed drug would impair safe job performance. Failure to report the medical use of such drugs, or failure to provide proper evidence of medical authorization, may result in disciplinary action, including possible termination. Reasonable exceptions to this policy may be made for the legitimate business needs of the department. (i.e. undercover work). 4. SUBSTANCE TESTING SITUATIONS. 4.1 TestinQ Based On "Reasonable Suspicion." When a supervisor or Command Staff member reasonably suspects that an employee may be under the influence of or impaired by a substance, the employee shall be required to submit to a substance test. Although an employee may be relieved of duty at any time because of such concerns, a supervisor's or manager's decision to require a substance test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee. The supervisor or manager making the determination must have received training in detecting the signs and symptoms of substance abuse. Except in emergency situations, the supervisor should consult with another supervisor, Command Staff member, or representative of the Human Resources Department to ensure that adequate grounds for reasonable suspicion exist. 4.2 Refusal to Submit to Testing. Refusal by an employee to take a substance test when directed to do so by his/her supervisor or manager after being advised of the basis for the reasonable suspicion and after being allowed to consult with an Union Representative (which consultation shall not unduly delay testing) may be considered insubordination, and the employee may be relieved of duties immediately pending investigation. Refusing to take a substance test includes: failure to appear for the test within a reasonable time after being directed to do so; failure to remain at the test site until the test is complete; failure to provide adequate breath or urine for testing without a valid medical explanation; failure to cooperate with any directions given during the testing process; including directions for an observed sample collection; use of a prosthetic device that could interfere with the test; or adulteration or substitution of the test sample. Refusal to submit to testing may result in disciplinary action up to and including termination. AGREEMENT 2023-2025 Cih, of Edmonds (Police Commandeis Employees) Packet Pg. 79 7.5.a 4.3 Return -to -Work and Follmy-tip Testinp_. An employee who has refused to take a substance test, or who has tested positive for a substance, including those employees who have undergone evaluation and/or rehabilitation, will not be permitted to return to work until the employee has passed a substance test, has been evaluated by the SAP, the SAP has confirmed that the employee complied with his/her education and/or treatment plan, and the Employer determines that the employee is fit to return to duty. When the Employer, in its sole discretion, decides to return an employee who has tested positive for drugs or alcohol to duty, and there has not been a successful grievance or charge of unfair labor practice relating to the testing process, the employee shall follow the treatment plan as determined by the SAP and shall be subject to follow up random drug testing for a period of not more than twenty four (24) months. 4.4 Riaht to Representation. In all substance test situations, an employee may request the presence of his/her Union representative. Union representatives shall be immediately notified at the outset of any substances testing situation involving a bargaining unit member. Although an employee may later file a grievance against the direction to submit to substance testing, the employee must take the test when ordered to do so. At any time, the Union, upon request of the employee, will have the right to inspect and observe any aspect of the substance testing process with the exception of individual test results, provided that such inspection does not delay any testing procedure. The Union may inspect individual test results if the release of this information is authorized by the employee involved. 4.5 Urine Specimen Collection. Specimen collections for drug testing shall take place at the locations identified in Appendix B of the City of Edmonds Personnel Policies, or any other site designated by the Employer. Employees are required to complete any necessary forms and to cooperate fully with collection and testing procedures. Sample collection shall be in accordance with DOT'S Procedures for Transportation Workplace Drug and Alcohol Testing Programs, 49 CFR Part 40 ("DOT substance testing procedures"). These procedures are designed to ensure the integrity of the sample while maintaining employee privacy. In certain limited circumstances, employees will be required to provide a urine sample for testing under direct observation. Under no circumstances shall an employee's direct supervisor serve as the collection site person. At the employee's or the Union's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Union for testing. Any request to requisition a sample of the specimen must be made within seventy-two (72) hours of the specimen's collection. The cost of this test will be paid by the Union or the employee. The use or non-use of this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. AGREEMENT 202;-2025 Cily of Edmonds (Police Commanders Employees) Packet Pg. 80 7.5.a Any attempt to tamper with a urine sample or otherwise obstruct the testing process shall be considered the same as testing positive and will result in discipline, up to and including termination. 4.6 Test Procedures. All substance testing shall comply with DOT substance testing procedures. These procedures are designed to ensure the accuracy and integrity of the test results and include screening tests, confirmation tests, chain of custody safeguards, and appropriate privacy and confidentiality protections. 4.6.1 Drug Testing. Drug testing will normally be performed by urinalysis at the locations identified in Appendix B of the City of Edmonds Personnel Policies.. The test involves an initial screening performed by the enzyme multiplied immunoassay test ("EMIT"). Any positive test is then confirmed by a second test of the same sample by Gas Chromatography/Mass Spectrometry ("GC/MS"). The Employer's designated MRO shall receive and interpret test results and report them to the Employer. Prior to reporting a positive test result, the MRO shall give the employee an opportunity to discuss the test result. If the employee meets with the MRO and fails to present information affecting the test result, or if the employee refuses to meet with the MRO, the MRO will verify a positive test result and will inform the Employer Human Resources Director or other designated management representative, on a confidential basis, that the employee tested positive. The MRO will also inform the employee at the time the test result is verified that s/he may request a "re -test" within seventy-two (72) hours. (The "re -test" shall be performed at a different laboratory, at employee expense unless the employee passes the re -test.) Upon request, the employee shall be given a copy of the positive test results. 4.6.2 Alcohol Testing. Alcohol shall be tested by means of the Draeger machine currently in use or future equipment which may supersede the Draeger machine (but excluding the P.B.T device). Draeger alcohol tests shall be conducted utilizing one of the WSP Draeger testing sites. The testing shall follow the protocols established for criminal investigations, including the requirement of two breath samples within the proper variance. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test shall be performed to confirm the results of the initial test at the election of the employee. The confirmatory test shall also use a 0.02 blood alcohol concentration level to measure a positive test. If the employee declines to take the second confirmatory test, the first test will be used to determine alcohol concentration. AGREEMENT 2023-2025 City of Edmonds (Police Commanders Employees) Packet Pg. 81 7.5.a At the employee's option, the employee may submit to a blood specimen to be collected and tested at a laboratory chosen by the employee or Union for testing. The blood specimen could be used to challenge the results of the breath test. The cost of this test will be paid by the Union or the employee. A decision not to use this option or an employee's failure to provide the results obtained under this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. 5. ENFORCEMENT AND DISCIPLINE. The Employer takes a strong stand against substance abuse and its impact on the workplace. Accordingly, violations of this Policy may be grounds for appropriate disciplinary action, up to and including termination. Additionally, law enforcement authorities will be notified in appropriate situations. 6. REPORTING VIOLATIONS. Experience indicates that individuals with substance abuse problems best respond to appropriate confrontation, dialogue, and notice about the impact and risks of their situation. Therefore, an employee who is aware of substance use or behavior in violation of this Policy is encouraged to promptly report the behavior to management. To the degree possible, the reporting employee's identity will be kept confidential. 7. REHABILITATION. The Employer offers employees the use of rehabilitative services subject to coverage limitations and in accordance with the terms of its benefit programs. Employees are personally responsible for seeking appropriate treatment for substance dependency. Employees who voluntarily seek treatment for substance dependencies will be allowed to use personal leave and benefits as for any other illness and will not have job security or opportunities for promotion jeopardized by seeking treatment. However, such employees are subject to the same prohibitions and penalties as other employees regarding the manufacture, distribution, dispensation, possession, or use of substances in violation of this Policy. In addition, substance -dependent employees are subject to appropriate disciplinary action, including possible termination, if they do not meet general performance standards, conduct requirements, or other conditions of employment. Employees who refuse to take a substance test, or who test positive for a substance in violation of this Policy, may be given the opportunity to enter a rehabilitation program in lieu of termination. Employees who successfully complete rehabilitation under such circumstances may be returned to work at the Employer's discretion in accordance with the return -to -work provisions of this Policy. AGREEMENT 2023-2025 Cnv of Edmonds (Police Commanders Emplovecs) Packet Pg. 82 7.5.a 8 RECORDS. Records of treatment for substance dependency, substance tests, or of employees or applicants involved in other situations related to this Policy will be maintained by the Employer as confidential medical records. Confidentiality of substance tests cannot be guaranteed if testing results are used by the Employer in a disciplinary action. Only Employer management representatives with a "need -to -know" responsibility will be made aware of substance abuse situations or test results. No third party shall be provided with such information without specific written authorization by the employee, except as required or permitted by law. 9 UNION HELD HARMLESS The Employer shall be solely liable for any legal obligations and costs arising out of the provisions of this Policy and/or application of this Policy, except as otherwise provided herein. The Union shall be held harmless for all claims arising out of errors, omissions or negligent acts by the third -party contractors hired by the Employer to conduct the drug testing under this Policy, including failure to abide by the protocol established by this Policy; and for all claims arising out of the implementation/administration of this drug Policy. AGREEMENT 202 i-2025 ON ol-E=dmonds (Police Commandeis Employees) Packet Pg. 83 7.5.a APPENDIX "E" to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Police Department Commanders) August 2, 2023 through December 31, 2025 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and TEAMSTERS LOCAL 763, hereinafter referred to as the Union. 1.0 Purpose This documents acceptable use of City of Edmonds Device and Systems Policy, and provides guidance for managing the use of Employer owned electronic devices and systems by all departments, employees and users of Employer systems. 2.0 Background The City of Edmonds provides employees with a variety of devices, and technology systems such as telephones, voice mail, computers, facsimile machines, instant messaging, electronic bulletin boards, electronic mail (email) systems, cellular phones, wireless devices, Internet access, and social media. The Employer recognizes the importance of electronic devices and tools in accomplishing work in an efficient manner. Access to these systems provides rapid exchange of information that improves productivity. It is important, however, that these devices and systems be used in a manner which benefits the government and which is responsible to City taxpayers. The goal of this policy is to ensure economical, effective, and efficient management of communication systems and to ensure that employees use these systems in a professional manner that reflects positively upon the Employer. This policy establishes privileges and responsibilities for employees, and employees must agree to, and abide by this policy to utilize these systems. 3.2 Scope This policy applies to all employees, contractors, consultants, temporary employees, vendors and any others that are provided access to City of Edmonds communication systems, including those AGREEMENT 2023-2025 CII\ of Edmonds (Police Commanders Employees) Packet Pg. 84 7.5.a workers associated with any third parties who access these systems. Throughout this document, the word "employee" will be used to collectively refer to all such individuals. This policy also applies to all communications and data systems owned by and/or administered by the City of Edmonds both on and off City property. 4.0 Authority RCW 42.56 Public Disclosure (42.17 re -codified 7/1/06 to 42.56) RCW 40.14 Public Records 5.0 Device & Systems Usage Policy The City of Edmonds provides access to the vast information resources available through communication devices and systems including, computers, servers, email, voice mail, bulletin boards, instant messaging, cell phones, telephones, wireless devices, tablets, and other telecommunications and information systems. These information resources are for use to help employees work better, faster and smarter, and be well-informed about effective business practices. The facilities to provide that access represent a considerable commitment of Employer resources. This usage policy is designed to help employees understand the Employer's expectations for the use of those resources. First and foremost, the Employer's supplied devices, software, and systems, are provided at significant cost. That means that the Employer expects these systems to be used for Employer business related purposes: to accomplish tasks, communicate with customers, suppliers, and associates, to research relevant topics and obtain useful business information. These systems may be used for private purposes on a limited basis that does not interfere with Employer business. Employees should have no expectation of personal privacy in using them. The Employer requires employees to conduct themselves honestly and appropriately in the use of the use of technology provided, and respect copyrights, software licensing rules, proprietary rights and prerogatives of others, just as in any other business dealings. To be absolutely clear on this point, all existing Employer policies apply to employees conducting business with these devices, software, and systems. This includes especially, but not exclusively, those that deal with intellectual property protection, misuse of Employer resources, harassment, including sexual harassment information and data security, and confidentiality. Unnecessary or unauthorized device and system usage costs money, and causes network and server congestion. It slows other users, takes away from work time, consumes supplies, and ties up printers and other shared resources. Unlawful devices or systems usage may also garner negative publicity for the Employer and expose Edmonds to significant legal liabilities. Internet postings, blogs, chat groups, social media, newsgroups, and email systems give each user an immense and unprecedented reach to propagate Employer messages and tell the Employer story. Because of that power the Employer- must take special care to maintain the clarity, AGREEMENT 2023-2025 Cite or Edmonds (Police Connnanders Employees) Packet Pg. 85 7.5.a consistency and integrity of the City of Edmonds image and posture. Anything any one employee writes in the course of acting for the Employer on the communication systems can be interpreted as a formal representation of the Employer's position. While the Employer's use of these devices and connections to systems offer many potential benefits, it can also open the door to significant risks to our data and systems if employees do not follow appropriate security discipline. As presented in greater detail, that may mean preventing machines with sensitive data or applications from connecting to a communication system entirely, or it may mean that certain users must be prevented from using certain communication systems or their features, for example remote file access or file transfers. The overriding principle is that security is to be a primary concern of every user. Employees may be held accountable for intentional or reckless breaches of security or confidentiality. Certain terms in this policy should be understood expansively to include related concepts. Document Covers any kind of file, or stream of data, that can be stored, printed, read, or viewed. This would include files for browsers, desktop applications, such as word processing or desk -top publishing, and specialized software programs databases, GIS, and their viewers. Graphics Includes photographs, pictures, video, images, animations, movies, or drawings. Display Includes monitors, flat -plane active or passive matrix displays, monochrome LCDs, projectors, televisions, handheld screens and virtual -reality tools. Audio Includes any sounds, recordings and files containing sounds or voice. All employees provided or granted device, software or systems access will be provided a copy of this policy or a "link" to the policy where it may be viewed and/or printed. Any questions concerning the policy should be directed to the employee's supervisor. If there is any portion of this policy that is not clearly understood by the employee, it is the employee's responsibility to bring the question to the attention of their supervisor for clarification. 6.0 Detailed Policy Provisions 6.1 Management and Administration 6.1.1 The City of Edmonds has software and systems in place that can monitor and record all software and systems usage. Most systems such as electronic mail, facsimile transmissions, Internet traffic; and voice mail are technologies that create an electronic record. This is what separates these from other forms of communication such as a telephone conversation. An electronic record, like a paper record, is reproducible and therefore special care must be taken to avoid improper dissemination of protected or confidential information. Electronic records are subject to public disclosure AGREEMENT 2023-2025 Cite of Edmonds (Police Commandcrs Employees) Packet Pg. 86 7.5.a laws to the same extent as are paper records. Electronic records may be inspected for audit or legitimate operational or management purposes. The Employer reserves the right to inspect any and all files stored in any areas of Employer systems in order to assure compliance with policy. Electronic records are to be kept, maintained, released, withheld, and destroyed only in accordance with the Public Disclosure Act (RCW 42.65) and the law governing preservation and destruction of public records (RCW 40.14). 6.1.2 The Employer's security systems are capable of recording (for each and every user) each World Wide Web site visit, each chat newsgroup or email message, and each file transfer into and out of Employer systems, and other communications related information. The Employer reserves the right to monitor and record such uses at any time. No employee should have any expectation of personal privacy as to their communication systems usage or use of any software or hardware provided by the Employer. The Employer will review communication systems activity and analyze usage patterns, and may use this data to assure that Employer communication systems resources are devoted to maintaining the highest levels of productivity. 6.1.3 The creation or transmission of any kind of sexually explicit image or document on any Employer system is a violation of the City's policy on sexual harassment (see Personnel Policies Section 2.4, Sexual Harassment Prohibited). Some images or documents do not apply to this policy, such as the legitimate needs of public safety agencies. In addition sexually explicit material may not be accessed, viewed, downloaded, archived, stored, distributed, edited or recorded using our network or communication systems unless required for the legitimate needs of public safety. The City of Edmonds uses independently supplied software and data to identify inappropriate or sexually -explicit material. The Employer may block access to all such sites of which the Employer becomes aware. If an employee is inadvertently connected to a site that contains sexually explicit or offensive material, the employee must disconnect from that site immediately, regardless of whether that site had been previously deemed acceptable by any screening or rating program. 6.1.4 The creation or transmission of derogatory, inflammatory or harassing messages or content using the Employer system (including, without limitation, derogatory, inflammatory or harassing remarks about an individual's race, age, gender, disability, religion, national origin, marital status, military or honorably discharged veteran status, sexual orientation, including gender expression or identity, genetic information or any other protected characteristic) is a violation both of this policy and of the City's Anti -Harassment Policy. AGREEMENT 2023-2025 Cihv of Edinonds (Police Commanders Employees) Packet Pg. 87 7.5.a 6.1.5 Use of Employer communication systems for solicitation of non -Employer business or for personal gain is prohibited. 6.1.6 The City of Edmonds communication systems and computing resources must not be used to violate the laws and regulations of the United States or any other nation or the laws and regulations of any county, city, province or other local jurisdiction in any material way. Use of any Employer resources for illegal activity is grounds for discipline, up to and including immediate dismissal and consistent with applicable law. The Employer will cooperate with legitimate law enforcement and regulatory agencies for logs, diaries and archives on employee activities. 6.1.7 Any software or files downloaded via the Employer's devices, software, or systems into the Employer's systems may be used only in ways that are consistent with their licenses or copyrights. 6.1.8 No employee may use Employer systems to knowingly download or distribute pirated software or data. Any file that is downloaded must be scanned for viruses before it is run or accessed. 6.1.9 No employee may use a Employer device, software, or its systems to deliberately propagate any viruses or other code harmful to Employer data or systems. 6.1.10 No employee may use Employer devices, software, or systems to knowingly disable or overload any computer system or network or to circumvent any security feature of the systems. 6.1.11 Each employee shall identify themselves honestly, accurately and completely (including City department and function where requested) when participating in authorized chats or newsgroups, or when setting up accounts on outside computer systems. 6.1.12 Only those employees or officials who are duty authorized to speak on behalf of the Employer to the media, to analysts or in public gatherings may speak/write in the name of the Employer to any electronic media, such as newsgroup, chat room, blog, or social media. Other employees may participate in electronic media in the course of business when authorized and relevant to their duties, and should be cautious to make it clear when they are expressing an individual opinion as opposed to establishing or representing the Employer's position or policy on a matter. Where an individual participant is identified as an employee or agent of the City of Edmonds, the employee must refrain from political advocacy and must refrain from the unauthorized endorsement or appearance of endorsement by the Employer of any commercial product or service. AGREEMENT 202 i-2025 Cil\ ol'Edmonds (Police Commanders Employees) Packet Pg. 88 7.5.a 6.1.13 The City of Edmonds retains proprietary rights and the copyright to any material posted to any electronic media (including, without limitation, any social media, forum, newsgroup, chat room or World Wide Web) by any employee in the course of his or her duties with the Employer, unless otherwise provided by law. 6.1.14 Electronic transmission of protected or confidential Employer information is governed by the same rules and principles that govern paper transmittals. Protected or confidential Employer information may include, but is not limited to, certain financial data, personal data, certain proprietary information, security information, trade secrets, and any other material exempted from disclosure, or required to be held confidential by law and City policies and/or procedures. The unauthorized release of protected information - whether or not the release is inadvertent - may subject an employee to penalties or discipline under existing policies and procedures. 6.1.15 A wide variety of materials may be deemed offensive by colleagues, customers or business suppliers. Employees must be aware of this and not store, view, print or redistribute any document or graphic file that is not directly related to the user's job or Employer activities, or that is likely to be deemed offensive by a reasonable person. (Exception: Viewing of unsolicited material sent to the employee.) 6.1.16 Employees must understand that copyright, trademarks, libel, slander and public speech control laws of all jurisdictions in which the Employer conducts business apply to the Employer and its employees. Care must be taken so that the use of the Employer communication systems does not inadvertently violate any laws which might be enforceable against the Employer. 6.1.16.1 Employees with device and communication systems access may only download software for direct business use, and they must arrange to have such software properly licensed and/or registered with Information Services. Downloaded software if subject to a license must be used only under the terms of its license. 6.1.16.2 Employees may not download entertainment software or games or play games with others over the communication systems. 6.1.16.3 Employees may not download audio, images or videos unless there is an explicit business -related use for the material and such downloading does not violate any copyright or licensing requirements. AGREEMENT 202;-2025 Cit\ of Edmonds (Police Commanders Employees) Packet Pg. 89 7.5.a 6.1.17 Employees may not upload any software licensed to the City or data owned or licensed by the City without explicit authorization from the manager responsible for the system, software or data. 6.2 Technical 6.2.1 User identification (IDs) and passwords help maintain individual accountability for communication systems resource usage. However, the issuance of ID's and passwords is not intended to create any personal privacy rights. Any employee who obtains a password of or for a device or system resource must keep that password confidential, except for communication with authorized personnel. City policy prohibits the sharing of user IDs or passwords obtained for access to devices, software and systems. Employees shall not use the password or ID of another user, except in cases of job related necessity. Employees shall not reveal the password or ID to an unauthorized person or entity. 6.2.2 Video and audio streaming and downloading technologies represent significant data traffic which cause local network congestion. Employees should schedule communications -intensive operations such as large file transfers, video or audio downloads, mass e-mailings and the like so as not to impact other users of the Employer's systems. The preferred time for such transfers are the off peak hours between 6:00 PM and 7:00 AM Pacific time. 6.2.3 Streaming audio/video on Employer provided smart phones and other similarly capable devices is discouraged due to contractual data limitations with the Employer's cellular provider(s). 6.3 Security 6.3.1 The Employer has installed a variety of firewalls, application, network address screening programs and other security systems to assure the safety and security of systems. Any employee who intentionally attempts to disable, defeat or circumvent any security facility is subject to discipline up to and including dismissal and possible criminal prosecution. 6.3.2 Files containing confidential and/or protected data that are transferred in any way across communication systems must be protected. 6.3.3 Devices that use their own network to create an independent data connection can sidestep network security mechanisms. These independent connections to outside networks can be used by an attacker to compromise Employer software, systems and networks. Any device used for an independent network connection must be isolated from the Employer's internal network. Only approved file sharing applications may be used on Employer systems. Hotspot connections directly to the Employer's internal network are prohibited. Questions regarding the application of this section should be directed to Information Services. AGREEMENT 2023-2025 City ol'Edmonds (Police Conunindcrs Emplovecs) Packet Pg. 90 7.5.a 6.3.4 Only those communication systems, services and functions with documented Employer business purpose will be enabled at the systems firewall. 6.4 Incidental Use 6.4.1 De minimis use is an infrequent or occasional use that results in little or no actual cost to the Employer. An occasional brief local phone call, Internet access or email is an allowable de minimis use of communications systems. The cost of a brief local phone call is negligible and need not interfere with job performance. 6.4.2 The proper stewardship of Employer resources, including funds, facilities, tools, property, and employees and their time, is a responsibility that all employees share. Accordingly, employees may not use devices, software, or systems for personal benefit or gain or for the benefit or gain of other individuals or outside organizations. Personal benefit or gain may include a use solely for personal convenience, or a use to avoid personal expense. 6.4.3 Responsibility and accountability for the appropriate use of devices, software, or systems ultimately rests with the individual City official and City employee, or with the City official or City employee who authorizes such use. Employees and officials are cautioned that their own personal use of devices, software, or systems should never interfere with another City official or employee, or obligate another employee to make personal use of Employer resources. In addition, City employees have an affirmative duty to ensure that any personal use of devices, software, and systems is the most efficient in terms of time and resources. 6.4.4 Extensive or repeated personal misuse of Employer resources, including time, significantly undermines public trust in government. Nevertheless, a very limited personal use of Employer devices, software, and systems that supports organizational effectiveness would not undermine public trust and confidence. 6.4.5 Subject to restrictions elsewhere in this policy, a City official or employee may make an occasional, but limited, personal use of devices, software, or system resources if- 6.4.5.1 There is little or no cost to the Employer; 6.4.5.2 Any use is brief in duration, occurs infrequently, and is the most effective use of time or resources; 6.4.5.3 The use does not interfere with the performance of the officer's or - employee's official duties; 6.4.5.4 The use does not disrupt or distract from the conduct of Employer business due to volume or frequency; AGREEMENT 202 i-2025 City or Edmonds (Police Commanders EmploNce= Packet Pg. 91 7.5.a 6.4.5.5 The use does not disrupt other City employees and does not obligate them to make a personal use of Employer resources; and 6.4.5.6 The use does not compromise the security or integrity of Employer property, information, or software. 6.4.6 The City Code, state and federal laws, strictly prohibit uses of taxpayer resources for private benefit or partisan political purposes. Any use of Employer resources to support such activity clearly undermines public confidence in government and reflects negatively on City employees generally. In compliance with these provisions, this policy explicitly prohibits, at all times and to any degree, the following private uses of devices, software, and systems and resources: 6.4.6.1 Any use for the purpose of conducting an outside business or private employment except for those instances, such as in the Police Department, where the private work has been approved by the Department (i.e. Off -duty police/security work in the City of Edmonds). 6.4.6.2 Any use for the purpose of supporting, promoting the interests of, or soliciting for an outside organization or group, including, but not limited to: a private business, a nonprofit organization, political candidate, a political party, or a ballot issue (unless provided for by law, City code, or other policy). (Note: It is not intended to prohibit forwarding information related to United Way or other organizations related to city government such as the Union of Washington Cities (AWC); it is also not intended to prohibit the use of Employer resources to communicate information related to Labor Organizations or Labor Laws of the State of Washington). 6.4.6.3 Any use for the purpose of assisting a campaign for election of a person to a public office or for the promotion of or opposition to a ballot proposition. 6.4.6.4 Any use related to conduct that is prohibited by a federal or state law or rule, or a City code or policy; and 6.4.6.5 Any private use of any devices, software, or systems property that has been removed from Employer facilities or other official duty stations, even if there is no cost to the Employer. 6.4.7 The general ethics standard is that any use of devices, software, or systems resources other than for official business purposes needs to be brief in duration and frequency to ensure there is little or no cost and the use does not interfere with the performance of official duties. AGREEMENT 202;-202i City of Edmonds (Police Commanders Employees) qv ff Packet Pg. 92 7.5.a 6.5 Policy Changes; Other City of Edmonds Policies 6.5.1 The City of Edmonds Information Services may modify or revise its devices, software, and systems use policies (including these specific regulations). The Employer will notify the Union of any changes in policy prior to implementation and bargain any such change that affects wages, hours, or other terms and conditions of employment that constitute mandatory subjects of bargaining. Employees are required to comply with all such subsequent modifications or revisions. Modifications and/or revisions will be posted on a shared network resource, posted on City web sites, distributed through email, staff meetings or other communication method. 6.5.2 These devices, software, and systems use policies are in addition to, and do not replace or supersede, any and all other policies promulgated from time to time which are applicable to City employees (including general policies relating to misuse of Employer assets or resources, sexual harassment, unauthorized public speaking and misappropriation or theft of intellectual property). Misuse or inappropriate use of devices, software, or resources, in violation of these or any other City policy, may result in discipline, up to and including discharge. 6.6 References: 6.6.2 Revised Code of Washington (RCW) 42.52.160, 42.52.180, 6.6.3 Washington Administrative Code (WAC) 292-120-035; 292-110-010 AGREEMENT 2023-2025 Clt\ of Edmonds (Police Commanders Emplogecs) ff Packet Pg. 93 I 7.5.a I RET I R F E' S WELFARE TRUST SUBSCRIPTION AGREEMENT COLLECTIVE BARGAINING AGREEMENT THE UNDERSIGNED EMPLOYER AND LABOR ORGANIZATION CONFIRM, AS A CONDITION PRECEDENT TO PARTICIPATION IN THE RETIREE'S WELFARE TRUST, THAT THEY ARE PARTIES TO A COLLECTIVE BARGAINING AGREEMENT PROVIDING FOR CONTRIBUTIONS TO BE MADE TO THE TRUST ON BEHALF OF ALL BARGAINING UNIT EMPLOYEES FOR WHICH THE EMPLOYER IS REQUIRED TO CONTRIBUTE. UPON EXPIRATION OF THE CURRENT OR ANY SUBSEQUENT BARGAINING AGREEMENT REQUIRING CONTRIBUTIONS, THE EMPLOYER AGREES TO CONTINUE TO CONTRIBUTE TO THE TRUST IN THE SAME MANNER AND AMOUNT AS REQUIRED IN THE MOST RECENT EXPIRED BARGAINING AGREEMENT UNTIL SUCH TIME AS THE UNDERSIGNED EITHER NOTIFIES THE OTHER PARTY IN WRITING (WITH A COPY TO THE TRUST FUND) OF ITS INTENT TO CANCEL SUCH OBLIGATION FIVE DAYS AFTER RECEIPT OF NOTICE OR ENTER INTO A SUCCESSOR BARGAINING AGREEMENT WHICH CONFORMS TO THE TRUST POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS, WHICHEVER OCCURS FIRST. THE PARTIES AGREE TO PROVIDE THE TRUST OFFICE WITH A COPY OF THE CURRENT AND ALL FUTURE COLLECTIVE BARGAINING AGREEMENTS. RETIREE PLAN (Check one): ■❑ RWT-PLUS ❑ RWT-XL EFFECTIVE DATES OF CURRENT BARGAINING AGREEMENT: 08/02/23 to If a new Bargaining Agreement, first payment is due the Trust based on hours worked effective ACCEPTANCE OF TRUST AGREEMENT 12/31/25 08/02/23 THE UNDERSIGNED ACKNOWLEDGE RECEIPT OF A COPY OF THE TRUST AGREEMENT AND TRUST POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS (SEE THE BACK OF THIS FORM FOR THE POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS), AND ACCEPT AS THEIR REPRESENTATIVES FOR PURPOSES OF PARTICIPATING IN THE TRUST, THE JOINT LABOR AND MANAGEMENT TRUSTEES SERVING ON THE BOARD OF TRUSTEES AND THEIR DULY APPOINTED SUCCESSORS. THE UNDERSIGNED EMPLOYER AND LABOR ORGANIZATION, BY EXECUTION OF THIS SUBSCRIPTION AGREEMENT, CONSENT TO BE BOUND BY THE TERMS OF THE TRUST AGREEMENT GOVERNING THE RETIREE'S WELFARE TRUST, INCLUDING ANY SUBSEQUENT AMENDMENTS THERETO. THE UNDERSIGNED FURTHER ACKNOWLEDGE THAT WITH EACH SUCCESSIVE COLLECTIVE BARGAINING AGREEMENT TO THE ONE IDENTIFIED ABOVE THAT PROVIDES FOR CONTRIBUTIONS TO CONTINUE TO BE MADE TO THE RETIREE'S WELFARE TRUST, THE PARTIES AGREE TO CONTINUE TO BE BOUND BY THE TERMS OF THE TRUST AGREEMENT AND ANY SUBSEQUENT AMENDMENTS THERETO. THIS SUBSCRIPTION AGREEMENT WILL AUTOMATICALLY CONTINUE UNTIL SUCH TIME AS CONTRIBUTIONS ARE NO LONGER REQUIRED TO BE MADE TO THE TRUST UNDER A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE PARTIES; HOWEVER, THE TRUST RESERVES THE RIGHT TO DISALLOW OR TERMINATE PARTICIPATION IN THE TRUST UPON FAILURE TO EXECUTE THIS SUBSCRIPTION AGREEMENT OR TO COMPLY WITH THE TRUST AGREEMENT OR POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS. EMPLOYER (Name and Address) LABOR ORGANIZATION (Name and Address) City of Edmonds (Police Commanders) 121 5th Avenue N Edmonds, WA 98020 NA Title Date Teamsters Local Union No. 763 14675 Interurban Ave S., Suite 305 Tukwila, WA 98168 By: Title: Secretary -Treasurer Date: Z APPROVAL OF TRUSTEES This subscription agreement has been accepted by the Retiree's Welfare Trust: By: Title: Date: Packet Pg. 94 7.5.b AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the PUBLIC, PROFESIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Police Department Commanders) AUGUST 2, 2023 THROUGH DECEMBER 31, 2025 New Contract Summary — General • This initial contract begins August 2, 2023, the date the bargaining group was certified by the Public Employment Relations Commission (PERC) and remains in effect through December 31, 2025. • The Edmonds Police Officers Association (EPOA) Commissioned Law Enforcement Employees' Collective Bargaining Agreement was used as a template for this contract. Only those provisions that are applicable to the Commanders bargaining group were retained and modified as appropriate. • Provisions particular to the salaried Commander positions were added, including management leave pursuant to ECC 2.35.040 and a procedure for the filling of open Assistant Chief of Police positions. Compensation • Effective and retroactive to August 2, 2023, the compensation schedule is to be adjusted to maintain the pay differential established in the Police Department Command Staff Salary Schedule (Step 1 Commander salary is to be 22% above the top step Sergeant). • Commanders retained the benefits they had been receiving as non -represented City employees, including medical, life and long-term disability insurance; vacation, sick, Paid Family and Medical Leave; paid holidays; and deferred compensation. • Commanders retained the benefits provided in their employment offer letters, including Education Premium Pay, clothing allowance, and laundry and dry-cleaning services. • Commanders negotiated the following additional benefits: o Command Stand -By leave (5 hours for each week serving this duty) o Holiday Leave Bank of 50 hours o Teamsters Retirees' Welfare Trust membership (at no cost to the City) o Fitness Incentive Pay of 1.5% on passing of annual physical fitness testing o HRA/VEBA contribution of $300 annually Summary of Contract (PD Commanders) 8/2/2023 - 12/31 /2025 Packet Pg. 95 7.5.c 'nc. I ry`' 2024 City of Edmonds Police Department Commander Salaries PD01 -COMMANDER STEP 1 STEP 2 Annual $ 180,396.00 Annual $ 189,414.00 Monthly $ 15,033.00 Monthly $ 15,784.50 (601.00 / 300.50) (631.00 / 315.50) There is a 22% differential between top step Sergeant and step 1 Commander. 4% of base to Deferred Compensation Plan (MONTHLY/SEMI-MONTHLY) AVAILABLE INCENTIVES ADDED TO BASE Education Incentive Education - AA or 90 credits 2% Education - 135 credits 4% Education - BA Degree 6% Lonaevitv Incentive Longevity - after 5 years 3% Longevity - after 10 years 5% Longevity - after 15 years 7% Longevity - after 20 years 9% Other Incentive Physical Fitness Incentive 1.50% Wages are updated annually based on the EPOA Commissioned bargaining unit CBA. Human Resources Last Updated 24-0415 Packet Pg. 96 7.5.d 2024 City of Edmonds Police Department Chief and Assistant Chief Salaries PD02 - ASSISTANT POLICE CHIEF STEP 1 STEP 2 Annual $ 217,824.00 Annual $ 228,720.00 Monthly $ 18,152.00 Monthly $ 19,060.00 (726.00 / 363.00) (762.00 / 381.00) There is a 15% differential between top step Commander and step 1 assistant chief of police (ACOP). PD03 - CHIEF OF POLICE STEP 1 STEP 2 Annual $ 256,164.00 Annual $ 268,974.00 Monthly $ 21,347.00 Monthly $ 22,414.50 (854.00 / 427.00) (897.00 / 448.50) There is a 12% differential between top step assistant chief of police and step 1 of Chief. 4% of base to Deferred Compensation Plan (MONTHLY/SEMI-MONTHLY) AVAILABLE INCENTIVES ADDED TO BASE Education Incentive Education - AA or 90 credits 2% Education - 135 credits 4% Education - BA Degree 6% Wages are updated annually based on the EPOA Commissioned and Commander CBAs Human Resources Last Updated 24-0415 Packet Pg. 97 7.6 City Council Agenda Item Meeting Date: 06/11/2024 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; Packet Pg. 98 7.6 § Utilities connections, metering, and Public Works' requirements; § Nullification of existing owner -occupancy covenants. 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. Planning Board and Staff reconvened on April 10, 2024, to discuss possible policy recommendations. On April 241h, Planning Board discussed their policy recommendations for review by City Council and began work on their policy memorandum. The project returned 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 presented their recommendations alongside Planning Staff recommendations. City Council discussed and voted on amendments to the draft code language on June 4, 2024, which included a restriction of DADUs within CARAs, and a requirement for an additional off-street parking space with the addition of a second ADU on a lot. The updated proposal will return to the City Council consent agenda on June 11, 2024, at which time, a Council decision is expected. Staff has updated the webpage (Edmondswa.gov/ADU <https://www.edmondswa.gov/government/departments/development services/planni ng 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 Recommendation Staff recommends adopting the attached draft ordinance (Attachment 1), which includes Exhibit A (Attachment 2). Exhibit A includes changes made by staff to the previous draft redline strikeout document, which removes the redundant term "guest house" in ECDC 16.20.010(D)(2), ECDC 20.01.003, and ECDC 21.35.030. Council -directed changes are also shown in Exhibit A, which include restriction of DADUs within CARAs (shown as an edit to ECDC 16.20.050(A)), and a requirement for an additional off-street parking space with the addition of a second ADU on a lot (shown as an edit to the table in ECDC 16.20.050(C) and in foot note 4.) 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. Packet Pg. 99 7.6 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, e-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. Development resulting from ADU amendments will be subject to the same permitting requirements as any other legal dwelling unit and must meet all health and safety standards including, building codes, energy codes, public works requirements, fire code, utility requirements, and all environmental regulations per Title 23 ECDC Attachments: Attachment 1 - ADU Ordinance Attachment 2 - Exhibit A Packet Pg. 100 7.6.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO ACCESSORY DWELLING UNITS (ADU), AMENDING THE EDMONDS CITY CODE AND EDMONDS COMMUNITY DEVELOPMENT CODE AS THEY PERTAIN TO ADU UTILITY REQUIREMENTS, ADU IMPACT FEES, NONCONFORMING ADU REGULATIONS, ADU PARKING REQUIREMENTS, ADU DEVELOPMENT STANDARDS, ADU PERMIT PROCESSING REQUIREMENTS, ADU RELATED DEFINITIONS, ADU USE RESTRICTIONS, AND ADU RELATED SINGLE FAMILY ZONING STANDARDS AND AUTHORIZING CITY STAFF TO RELEASE PREVIOUSLY RECORDED ADU COVENANTS AND REPEALING CERTAIN ADU RELATED CODE SECTIONS. WHEREAS, in 2023, the state legislature passed HB 1337 which requires jurisdictions like Edmonds to update their development codes to allow for both attached and detached accessory dwelling units (ADUs) and make related code changes to make it easier to create ADUs; and WHEREAS, two of the most significant sections of HB 1337 have subsequently been codified as RCW 36.70A.680 and RCW 36.70A.681; and WHEREAS, RCW 36.70A.680(1) invalidates and preempts local laws that conflict with that section and RCW 36.70A.681, stating: (1)(a) Cities and counties planning under this chapter must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls the requirements of this section and of RCW 36.70A.681, to take effect six months after the jurisdiction's next periodic comprehensive plan update required under RCW 36.70A.130. (b) In any city or county that has not adopted or amended ordinances, regulations, or other official controls as required under this section, the requirements of this section and RCW 36.70A.681 supersede, preempt, and invalidate any conflicting local development regulations. Packet Pg. 101 7.6.a WHEREAS, the city council held a public hearing on these proposed code revisions on May 21, 2024; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ADU Impact Fee Requirements. The following sections of the Edmonds City Code are hereby amended to read as set forth in Exhibit A (new text is shown in underline; deleted text is shown in stfi edffetig ), which is attached hereto and incorporated herein as if fully set forth: ECC 3.36.030, entitled "Assessment and payment of impact fees;" ECC 3.36.040, entitled "Exemptions;" ECC 3.36.120, entitled "Park impact fee rates;" and ECC 3.36.125, entitled "Street impact fee rates." Section 2. ADU Utility Requirements. The following sections of the Edmonds City Code are hereby amended to read as set forth in Exhibit A (new text is shown in underline; deleted text is shown in st it eugh), which is attached hereto and incorporated herein as if fully set forth: ECC 7.30.030, entitled "Water rates — Meter installation charges;" ECC 7.30.035, entitled "Water and sewer utility general facilities charges;" ECC 7.30.040, entitled "Utility charges — Sanitary sewer;" and ECC 7.50.050, entitled "Stormwater rates and charges." Section 3. Amendments to Single Family Zoning Code. Chapter 16.20 of the Edmonds Community Development Code, entitled "RS — Single Family Residential," is hereby amended to read as set forth in Exhibit A (new text is shown in underline; deleted text is shown in tr-ikethfoug ), which is attached hereto and incorporated herein as if fully set forth. Section 4. Nonconforming ADU Regulations. The following sections of the Edmonds Community Development Code are hereby amended to read as set forth in Exhibit A (new text is shown in underline; deleted text is shown in stfiket-hr-o g ), which is attached hereto and incorporated herein as if fully set forth: ECDC 17.40.020, entitled "Nonconforming building and/or structure;" and ECDC 17.40.030, entitled "Nonconforming lots." Packet Pg. 102 7.6.a Section 5. Repeal of Prior Nonconforming ADU Regulations. Section 17.40.025 of the Edmonds Community Development Code, entitled "Vested nonconforming or illegal accessory dwelling units," is hereby repealed as set forth in Exhibit A (new text is shown in underline; deleted text is shown in stfikedwough), which is attached hereto and incorporated herein as if fully set forth. Section 6. ADU Parking Requirements. Section 17.50.020 of the Edmonds Community Development Code, entitled "Parking space requirements," is hereby amended to read as set forth in Exhibit A (new text is shown in underline; deleted text is shown in str4ketIffeu h), which is attached hereto and incorporated herein as if fully set forth. Section 7. ADU Permit Processing. The following sections of the Edmonds Community Development Code are hereby amended to read as set forth in Exhibit A (new text is shown in underline; deleted text is shown in stfike&oug ), which is attached hereto and incorporated herein as if fully set forth: ECDC 20.01.003, entitled "Permit type and decision framework;" and ECDC 20.35.020 entitled "Applicability." Section 8. Repeal of Prior ADU Development Standards and Requirements. Chapter 20.21 of the Edmonds Community Development Code, entitled "Accessory dwelling units," is hereby repealed as set forth in Exhibit A (new text is shown in underline; deleted text is shown in stfikethFeug ), which is attached hereto and incorporated herein as if fully set forth. Section 9. ADU Related Definitions. The following sections of the Edmonds Community Development Code are hereby amended to read as set forth in Exhibit A(new text is shown in underline; deleted text is shown in st+ilethrough), which is attached hereto and incorporated herein as if fully set forth: ECDC 21.05.015, entitled "Accessory dwelling unit, attached;" ECDC 21.20.050, entitled "Dwelling unit;" ECDC 21.30.010, entitled "Family;" ECDC 21.35.013, entitled "Gross floor area;" ECDC 21.35.030 entitled "Guest House;" ECDC 21.80.075 entitled "Principal dwelling unit;" and ECDC 21.90.080 entitled "Single family dwelling (unit)". Section 10. Effect of Previously Recorded Covenants. The city shall not enforce the provisions of previously recorded ADU covenants that conflict with state law for as long as state law prohibits cities from requiring those covenants. Packet Pg. 103 Section 11. 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 12. Effective Date. This ordinance, being an administrative function of the city council, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M. JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 104 7.6.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, RELATING TO ACCESSORY DWELLING UNITS (ADU), AMENDING THE EDMONDS CITY CODE AND EDMONDS COMMUNITY DEVELOPMENT CODE AS THEY PERTAIN TO ADU UTILITY REQUIREMENTS, ADU IMPACT FEES, NONCONFORMING ADU REGULATIONS, ADU PARKING REQUIREMENTS, ADU DEVELOPMENT STANDARDS, ADU PERMIT PROCESSING REQUIREMENTS, ADU RELATED DEFINITIONS, ADU USE RESTRICTIONS, AND ADU RELATED SINGLE FAMILY ZONING STANDARDS AND AUTHORIZING CITY STAFF TO RELEASE PREVIOUSLY RECORDED ADU COVENANTS AND REPEALING CERTAIN ADU RELATED CODE SECTIONS. The full text of this Ordinance will be mailed upon request. DATED this day of , 2024. 4840-7251-8158,v. 1 E CITY CLERK, SCOTT PASSEY Packet Pg. 105 7.6.b Exhibit A 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.e hPc;i, -qp FCDC 20.21 020 cr, PvtE9r"'r e rTcvvs as iTR c rea Si R. g the evede R SI tfa ciRglo_family residential noighhnrhee-d 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. Packet Pg. 106 7.6.b 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. 107 7.6.b 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 anew 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. ory dwelling units (ADUs) are not considered to create dwelling �(� �� (� Ean;_S hPC-;4 CDC- 2 i.21 020 dvcr, AAt cArnrr;6PlerTcvvr as everrall denliter a s ngle-family residential neighborhood, and because thp city's traffic mACIPI n ssigR additlinnal trims to the nofininrk as a rocs �It of F-)I Ic1 B. 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. 108 7.6.b 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 4 Packet Pg. 109 7.6.b 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 Packet Pg. 110 7.6.b 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 unit $3,124.57 220 - 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 d a a a� 0 U w. D a� a� 3 G 0 d Q 00 0 0 0 M N O N Q r c 0 .y m Q s k W Packet Pg. 111 7.6.b 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]. 7 Packet Pg. 112 7.6.b 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 ill $118.28 $128.92 $140.52 $200.66 1 1 /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: 0 Packet Pg. 113 7.6.b 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 city's 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 E Packet Pg. 114 7.6.b 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. 115 7.6.b 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. 116 7.6.b 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. 117 7.6.b 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. 118 7.6.b 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. 119 7.6.b 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 afterjanuary 1st 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. 120 7.6.b 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. 121 7.6.b 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. 16.20.060-0 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, 20051. 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. 122 7.6.b 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; -14. 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. -5-. Private residential docks or piers; 7._ra-. Family day-care in a residential home; 8. 7_ 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). Packet Pg. 123 7.6.b C. Primary Uses Requiring a Conditional Use Permit. 1. High schools, subject to the requirements of ECDC 17.100.050(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; 23. Amateur radio transmitting antennas; 3.4- 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 4-5—Bed and breakfasts, as in ECDC 20.23.020(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, 20051. 19 Packet Pg. 124 7.6.b 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 District (Sq. Ft.) Density' Height M Spaces' Width Setback Setback Setback RS-20 20,000 2.2 100' 25' 35'3 & 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' 5' 15' 25' 35% 2 RS-MPS 12,0005 3.75 80'5 25'5 10'5 25'5 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. 125 7.6.b 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. 126 7.6.b 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. 127 7.6.b 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, 2005]. 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. Detached accessory dwelling units are prohibited in Critical Aquifer Recharge Areas as defined in 23.40.005 until six months after the jurisdiction's next periodic comprehensive plan update required under RCW 36.70A.130 or June 30, 2025, whichever occurs first. 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. Sub District Maximum ADU Minimum Maximum DADU Minimum Parking Gross Floor DADU Rear Height Spaces Area (Sq. Ft.) Setback'•z RS-20 1,200 25' 24' 04 RS-12 1,200 25' 24' 04 RS-10 1,200 20' 24' 04 RS-8 11000 10'3 24' 04 RS-6 11000 10'3 24' 04 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 23 Packet Pg. 128 7.6.b 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 appl. 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. 4 The first accessory dwelling unit on a lot does not require an additional parking space. A second accessory dwelling unit on a lot requires one additional off-street parking space. 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. 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. 3. 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. 24 as a m 0 U a� C m 3 0 0 a� a Co 0 0 0 M N O N 0 a C 0 as o: u a x w N C a) E s �a a c a) E t R a Packet Pg. 129 7.6.b 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. H. Previously approved accessory dwelling units. ADUs that were previously approved by the City 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.'� 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 may be 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. 25 Packet Pg. 130 7.6.b 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 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: 26 Packet Pg. 131 7.6.b 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. 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 may be 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 27 Packet Pg. 132 7.6.b 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. 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 m Packet Pg. 133 7.6.b 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 Alternotives. 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) 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 29 Packet Pg. 134 7.6.b 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. 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 PRB-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]. 17.40.020 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 after January 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. 30 Packet Pg. 135 7.6.b B. Continuation. A nonconforming building or structure maybe 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 n through-ULW 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 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 a way 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 31 Packet Pg. 136 7.6.b 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 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 32 Packet Pg. 137 7.6.b regard to the limitations of subsections (E) and (F) 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. 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. 33 Packet Pg. 138 7.6.b G. Accessory Dwelling Units. A legal nonconforming detached accessory building may be converted into an accessory dwelling unit provided it meets the standards in ECDC 16.20.050(E), (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 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. JAI. 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 BD5 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). �.—L-The 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]. 17.40025 Vested nonconforming or illegal accessory dwelling units. A. illegal or nonconforming accessory dwelling '--Pdt-r-, I.Aihich registered with the city during the 34 Packet Pg. 139 7.6.b cempliaRce with the applicable PFA-�A!SeA—Ar-, A-f .1-AlAf -And- CeuRty er City erdiRaRce, at the 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 may be 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 35 Packet Pg. 140 7.6.b 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 (D) of this section. D. Exception for Single -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 IRS zone, such nonconforming lot may be sold or otherwise developed as any other nonconforming lot pursuant to the following conditions and standards: 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. r _ O Lot Area Table rn m Lot Q % Sized x Needed w Needed , Zone for N for c Legal Q E Legal Lot Lot w Q m (1) RS-20 60% 12,000 E c� r w Q (2) RS-12 70% 8,400 36 Packet Pg. 141 7.6.b Lot Area Table Lot Sized Needed Needed Zone for for Legal Legal Lot Lot (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 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]. 37 Packet Pg. 142 7.6.b 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 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; m r 0 .y 0 a s k W N 0 E s �a Q 0 E 0 w a Packet Pg. 143 7.6.b 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; 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; 39 Packet Pg. 144 7.6.b 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. 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; 40 Packet Pg. 145 7.6.b 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. TYPE I TYPE II -A TYPE II-B TYPE III -A TYPE III-B TYPE IV TYPE V Zoning Orr Contingent Essential Site specific compliance dwelliRg U Rit critical area public rezone letter review facilities Lot line Formal Shoreline Technologic Developme Zoning text adjustment interpretation substantial al nt amendment; of the text of developme impracticali agreement area -wide the ECDC by nt permit, ty waiver s zoning map the director where for amateur amendments public radio hearing not antennas required per ECDC 24.80.100 Critical area SEPA Critical area Comprehensi determinatio determination variance ve plan ns s amendments Shoreline Preliminary Contingent Condition Annexations exemptions short plat critical area al use review if permits 41 Packet Pg. 146 7.6.b TYPE I TYPE II -A TYPE II-B TYPE III -A TYPE III-B TYPE IV TYPE V public (where hearing public requested hearing by hearing examiner is required) Minor Land Shoreline Variances Development amendments clearing/gradi substantial regulations to planned ng developme residential nt permit, development where public hearing is required per ECDC 24.80.100 Minor Revisions to Shoreline preliminary shoreline conditional plat management use amendment permits Staff design Administrativ Shoreline review, e variances variance including signs Final short Land use Design plat permit review 42 a� �a a a� 0 U w. D CO a� 3 0 0 a� Q CO 0 0 0 M N 0 N a r 0 2 0 a s k W N r 0 E s 0 M Q 0 0 0 r w a Packet Pg. 147 7.6.b TYPE I TYPE II -A TYPE II-B TYPE III -A TYPE III-B TYPE IV TYPE V extension (where requests public hearing by architecture I design board is required) Sales r_,,est hA P Preliminary office/model formal plat (ECDC 17.70.005) Final formal Innocent Preliminary plats purchaser planned determination residential developme nt Final planned Staff design residential review development pursuant to ECDC 20.12.010(B)(2 1 B. Decision Table. 43 a� �a a a� 0 U w. D 0) a� 3 0 0 a� Q CO 0 0 0 M N 0 N Q r 0 .y m Q s k W Packet Pg. 148 7.6.b PROCEDURE FOR DEVELOPMENT PROJECT PERMIT LEGISLATIVE APPLICATIONS (TYPE I - IV) TYPE II- TYPE II- TYPE TYPE I TYPE III -A TYPE IV TYPE V A B III-B Recommendat N/A N/A N/A N/A N/A Planning Planning ion by: board board Final decision Direct Director Director Hearing Hearin City council City council by: or examiner/A g DB examin er Notice of No Yes Yes Yes Yes Yes No application: Open record No Only if (1) If Yes, before Yes, Yes, before Yes, before public hearing appeale director hearing before planning planning or open d, open decision examiner hearing board which board which record appeal record is or board to examin makes makes of a final hearing appeale render final er or recommendat recommendat decision: before d, open decision board ion to council ion to council hearing record to or council examin hearing render could hold its er before final own hearing hearing decisio examin n er (2) If convert ed to Type III- 44 d ca a Q 0 U w. D co a� 3 0 0 a� Q 00 O O O c> N O N a r 0 .y as a Z s k W N Q E s �a w Q as E 0 r a Packet Pg. 149 7.6.b PROCEDURE FOR DEVELOPMENT PROJECT PERMIT LEGISLATIVE APPLICATIONS (TYPE I - IV) TYPE II- TYPE II- TYPE TYPE I TYPE III -A TYPE IV TYPE V A B III-B A process Closed record No No No No Yes, Yes, before review: before the council the council Judicial Yes Yes Yes Yes Yes Yes Yes appeal: C. Any reference to'Type II" in the Edmonds Community Development Code without expressly being modified as "Type II-B" shall be construed to mean Type II -A for the purposes of this section unless the context clearly suggests otherwise. [Ord. 4302 § 2 (Att. A), 2023; Ord. 4299 § 39 (Exh. A), 2023; Ord. 4154 § 1 (Att. A), 2019; Ord. 4072 § 7 (Att. G), 2017; Ord. 4026 § 4, 2016; Ord. 3982 § 4, 2014; Ord. 3817 § 1, 2010; Ord. 3806 § 2, 2010; Ord. 3736 § 4 (Exh. A), 2009]. 45 Packet Pg. 150 7.6.b or in conjunct -non v.fiftlh. single-family dwellings while preserving the character of single-famil r The purport-- of t-INss, chapter is to re.gulate the establishment of -accessory dwelling units vlethin poss for aclult children to provide care and support to a parent or other relatives in nt-t-d of 0 or (2) provide mareased security and companionship for homeowners, or (3) provide the opportunity for homeowners to gain the ext-.r-;; mnr-n-.rnp- necessary to help meet the rising c o s t s of horne ownership, or (4) to provide for the care of disabled persons I.A.fithin their AWn homes. [Ord. 3294 s 1 2000y 3 0 0 w 7A"71"A1Accessory dwelling units nrnhihiterJ" 0 y- t� Q O No -accees-sory dwelling unit qhAll he permitted within any planned residential deve!Gpment or O 0 0 any iRdi"idl al lot Mwithin ci irh a rJe� elonment ford! 3469 5 S 7093l M N O N 0 Q 20.2 1_02 0- r-)sity Iirnit_;at_On_n-Limitation n-n the total occupancy. - C O N I e .1 e t s, h -qil be occupied by mere th-qp one family as defined On ECDC _2130.01 Q. This limitation 'sh-all be interpreted to accomplish its > d purpose, fa accessory dwelling Unit shall net increase the everall density of aSiRgle- mily residential a neighborhood ford 4260 S 1 /Gvh Al 2022; nrrl 3294 S 1 20001 s x w N C d 7A"7�5 Application and filing fen" E s A. Applk-Gtion. Any PP_rSoR desiring approval ef an accessory dwelling unit as defined by the �a Q r c m E EBmmi development cede ch;ll ci ihmit an application containing all of the V R a+ form Ttion required by ECDCTmtl�o �. as`vell as folly.loo_o.o.i.��n,inginfn��.�_or__�_�_ma�n- a 1. A,.n signed by the property owner before -a no-t-ary public, affirming that the ither the main h, miding or the accessory dwelling nit for more than mnnthc of the year. 46 Packet Pg. 151 7.6.b 47 d r a m 0 U c d 3 0 0 d Q co 0 0 0 M N O N 0 Q C O .N d u a x w N C d E s 0 m Q r c m E t 0 R a Packet Pg. 152 7.6.b colors,design of the accessory dwelling unit shall be incorporated into the design of the principal dwelling unit and shall be designed to r.n.a4..n.t__,qhn. the arch.tectural design, style, appearance and ch;;r;;cti-r nf tht- main building as a single-family residence using matching mater4s tr;;ncp to the accessory dwelling unit shall he W nCdA_�.A.f style, and roof design. The primary en . a D m ReW eRtraRCP-!-; she, dd he placed at the side Ar rear Af the Rg. Rly R e ectr c, 0 one gas meter, and one water meter rh;;Il hP AlIC)IMP(i for the entire b, ii'ding, serving both the c d 3 0 0 attached to siRgle_famih, dwelliRg i snits W fn E. PGFkhqg. One off-street parking space in addition te the parking spaces normally required fer d C� V Q co O the principal dwelling shall be required to be provided for the -accessory dwelling unit, but no O O event less than three spares per lot M N O N 0 F. a u u r C at the site, as evidenced by veter registratieR, vehicle registratierl, er similar meaRS,-a-Rd .N at arly time dUFiRg the peRdeRCY ef the ADU permit; aRy such reRtal rhq" vAffid the permit. LA R u a x w • r / 1 • 1.01— io !zm I olle • • -• \ _ •• • _ ••• • • •- • •- • r mill 1 M. Packet Pg. 153 7.6.b A permit for an accessory dwelling Shall net be transferable to any site other t-.h-;;n tht- s bject site described in the annlicatinn fnrrl 3294 5 1 2000l d r+ lC IZ 7�1�7(1 Preexisting accessory dwelling units. � d O U fnlleWiRg requirements are met: d 3 0 O M F-:C--DC- _20-.21.0-30- is I.VithiR GRe year ef February 1, 2.000. The planning manager ma N floor required te bring the preexisting unit inte cempliance mpractical te achieve. d Q co 0 0 0 _R. The unit cemplies I.A.fith the rnun' e.rne.nts ef the '-'nwf4A- r PA HE)61S*Rg Cede. [Ord. 3294 M N O 0 Q 20.21.060 e r m o tcvndor�s In addition to any conditions imposed during the permit approval d process, permitsaccessory dwelling units sh-all st-ate and are expressly subject to the condition t-.h-;;t- such a Hermit shall expire ai itnmaticalh, in,hene"er• s x w N C d s �a Q R. Tlps,Ibject site ceases n mAintain the required nisi umber of parking snares � O E C. The property owner ceases to rp_r_,*d_p_ ip P-*.t-.he-r the primary resideRCe- A-.r t-.hp-- -;; c c e s so-ry V R dwelling unit, the ewner-occupied unit is rented, er the current AWner fails to file the affidavit a required under €CDC 20.21.925t11;(1). [ord. 3294 s1, 20001. 49 Packet Pg. 154 7.6.b 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. 4ccesser„ dwelIiRg U mite and h Home use occupations restricted by ECDC 20.20.010(B) 9p� shall not be permitted within a PRD. [Ord. 3465 § 1, 2003]. 21.05.015 Accessory dwelling unit, attached. An �*accessory dwelling unit attached to or constructed )niithin Vq single- family 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 living, sleeping, eating, cooking and sanitation. Accessory dwelling unit does not include recreational vehicles or mobile homes. I^fhich has liViRg facilities for one indi„idl inl or family separate frorn the primary single-family p4ng"dweliing.:� including at least, but not limited to, a kitchen, bathroom, and sleeping quarters —AP AD' I shall not have its own mailhnv air 50 Packet Pg. 155 7.6.b water meter, gas meter, and all garbage must be kept within a screened area in comrnnn to the Single-family home. [Ord. 3294 § 2, 2000]. 21.20.050 Dwelling unit. Dwelling unit means a residential living unit that provides complete independent living facilities b iil`Jinrr or portion thereof, providing complete housekeeping facilities for one -or more persons family, 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 Units and Family.) [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: 1. 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 Q 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 74.15.020(1)(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 51 Packet Pg. 156 7.6.b 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. 21.80.075 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 aririitinnal mailhnv ran ho ai-li-lorl to tho .'At- if it is xcnriate rmn�rrr.�n:n:rm:r.�ri�:�sr-rari�ryPs�1 [.rr..r+Ea. . 52 Packet Pg. 157 8.1 City Council Agenda Item Meeting Date: 06/11/2024 Transportation Plan Update Staff Lead: Rob English / Bertrand Hauss Department: Engineering Preparer: Emiko Rodarte Background/History On May 16, 2023, the Council approved the Professional Services Agreement with Transpo Group for the Transportation Plan Update. On May 2, 2023, Staff and Transpo Group made a presentation on Multimodal Level of Service to the City Council. On March 14, 2023, staff presented the preliminary scope of work and fee with Transpo Group to complete the Transportation Plan Update. On February 13, 2024, staff presented an MMLOS update to the Parks and Public Works Committee. On February 27, 2024, staff presented an MMLOS update to City Council. Staff Recommendation Project Update Narrative In May 2023, a contract was signed with Transpo Group to update the City's Transportation Plan. The Transportation Plan is a mandatory element of the City's Comprehensive Plan. The main objective of this Plan is to identify short and long-range strategies that lead to the development of an integrated multimodal transportation system that facilitates the safe and efficient movement of people and goods while addressing current and future transportation demand and land use. Based on Puget Sound Regional Council's (PSRC) expectations, the multimodal concurrency, and LOS programs that meet GMA requirements and VISION 2050's multi -county planning policies will be included with the following items: 1. Methodology to evaluate LOS for transit, bicycles, pedestrians, and vehicles; 2. Adopt LOS standard(s) based on the methodology; 3. Identification of existing and future deficiencies to maintain LOS; and 4. Measures for addressing existing and future deficiencies - to maintain LOS. Since the last Council meeting in February when a MMLOS update was provided, the various options have been discussed between the project team regarding intersection based, segment based, corridor based, District based, or combined scenarios. Staff recommends following corridor travel time for vehicles and transit along selected corridors and system completeness for active transportation projects. Packet Pg. 158 8.1 The City's Proposed Draft Pedestrian and Bicycle maps have been completed. The Draft Pedestrian Map identifies all key pedestrian missing links. The Draft Bike map shows roadway segments where specific bike facilities are needed, along with stretches where construction feasibility studies will need to be completed due to existing topography limitations. The next steps in the process will be to develop a list of transportation projects with preliminary cost estimates. The financial portion of the plan with all the project costs will then follow - currently scheduled to be completed this summer. The final plan will be completed by December 2024. Packet Pg. 159 8.2 City Council Agenda Item Meeting Date: 06/11/2024 Resolution for Annexation into RFA Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History In 2010, the City of Edmonds contracted fire and emergency medical services (EMS) with Snohomish Fire District 1. This contract was revised in 2017. In 2017, Snohomish Fire District 1 and City of Lynnwood formed a new Regional Fire Authority (RFA); South Snohomish County Regional Fire Authority. September 2023, Council passed Resolution 1531, requesting information about annexation into the South Snohomish County Regional Fire Authority. November 2023, Council contracted the services of Fitch and Associates to study the feasibility of fire and emergency service alternatives. December 19, 2023, South County Fire notified the City of Edmonds of its intention to terminate the interlocal agreement for fire and emergency medical services as of December 31, 2025. April 16, 2024 - Fitch and Associates presented to Council, Comparison of Fire and EMS Services Options in Edmonds WA. April 24, 2024 - Fitch and Associates submitted their final report, City of Edmonds Emergency Services Analysis. May 7, 2024 - Public Hearing on options for City of Edmonds Fire/EMS Services. May 14, 2024 - Discussed at the PSPHSP committee meeting, committee recommendation forwarded to full council. (committee minutes attached). May 28, 2024 - Council adopted Resolution 1547, stating their preferred alternative for fire and emergency medical services was joining the RFA via annexation, and authorizing the mayor to pursue next steps regarding this alternative. (Resolution 1547 attached, minutes from May 28 meeting pending approval may be on consent agenda in this packet, video is available on city website.) June 3, 2024 - Revised Final Fitch Report received (attached) Packet Pg. 160 8.2 June 4, 2024 - Special Council Meeting - Study Session to discuss Fire/EMS Service Options. RFA Annexation workflow handout attached. Minutes pending, video is available on city website. Recommendation Approve the resolution expressing the intent to purse the benefits of receiving fire and emergency medical services from the South Snohomish County Regional Fire & Rescue Authority via annexation. Narrative Council indicated their preferred alternative for future Fire/EMS services to be provided through annexation with the RFA on May 28, 2024. A resolution expressing this intent is required to be filed with the governing board of South County Fire in accordance with RCW 52.26.300 (2) (attached). The attached resolution has been reviewed by Chief Eastman of South County Fire, and has been determined to satisfy the documentation requirements of the RFA. Attachments: JUNE 2024 RFA Annexation Resolution pages from May 14, 2024 PSPHSP committee minutes Resolution 1547 FITCH-Final Revised Edmonds Report Updated 6-3-24( RFA Annexation Work Flow- Study Session June 4 RCW 52.26.300 Annexation of Fire Protection jurisdiction within reasonable proximity to authority Packet Pg. 161 8.2.a RESOLUTION NO. XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON EXPRESSING THE INTENT TO PURSUE THE BENEFITS OF RECEIVING FIRE AND EMERGENCY MEDICAL SERVICES FROM THE SOUTH SNOHOMISH COUNTY REGIONAL FIRE AUTHORITY VIA ANNEXATION WHEREAS, the City of Edmonds ("the City") and the South Snohomish County Fire & Rescue Regional Authority ("SCF") share a contiguous border along the City's Eastern boundary; and WHEREAS, the City is a fire protection jurisdiction as defined in RCW 52.26.020(3); and WHEREAS, RCW 52.26 authorizes two or more fire protection jurisdictions to participate in a regional fire services authority commonly known as a regional fire authority or "RFA' ; and WHEREAS, the City and SCF are interested in pursuing the potential operational efficiencies and cost savings over other available service providers, as a result of annexing into SCF; and WHEREAS, both the City and SCF believe that the public health and safety of the citizens they serve will benefit from annexation into SCF; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, THAT: Section 1. Pursuant to RCW 52.26.300(2), the City requests annexation into the South Snohomish County Regional Fire, subject to the provisions of RCW 52.26.300(3) and voter approval. Section 2. The City Clerk is instructed to file this Resolution with the Governing Board of SCF in accordance with RCW 52.26.300(2). Resolved this day of 2024. APPROVED: MIKE ROSEN, MAYOR Packet Pg. 162 8.2.a ATTEST/AUTHENTICATED: SCOTT PASSEY, CITY CLERK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Packet Pg. 163 8.2.b 05/14/24 PSPHSP Committee Minutes, Page 2 assistant chiefs and chief as commanders are a represented group and are bargaining their contract) with the intent to create a differential between the sergeants to address the issue of compression when wages increase for union members. When the schedule was created, a delay in approval of the contract was not anticipated which resulted in command staff not receiving their wage increases on January 1 at the same time as other non -represented employees.. Because the command staff is not a bargaining unit, they legally cannot be provided retroactive pay. The way to address the intent of what council approved is to increase the wage adjustment over the remainder of the year to address the amount missed during the delay in approval of the contract. She recommended council approve the additional wage adjustment for the assistant chiefs and chief to provide the funds lost during the first three months of the year, a total of $21,000 which is currently unbudgeted. Questions and discussion followed regarding the funds not being budgeted, the police department currently underbudget, the budget did not consider that settlement of represented commissioned group would impact wages of command staff, $3M in the budget that assumes vacant positions, a suggestion to identify the funding source in the agenda memo when this is on the Consent Agenda, and how this will be addressed in the future. Committee recommendation: Consent Agenda 4. Fleet Mechanic Job Description Revision Ms. Wagener explained the title was updated to match what was agreed upon during the most recent bargaining cycle. Minimum qualifications were updated to include CDL certification and air brake repair and air condition certification and the time to obtain those certifications was changed from 6 months to 12 months to be consistent with similar jobs within the City. The authorized Emissions Specialist Certificate and ASE Certificate within six months of hire was removed as it is no longer required by the state. Questions and discussion followed regarding whether the position has been filled and support for updating the job description to be consistent with other positions. Committee recommendation: Consent Agenda 5. Options for City of Edmonds Fire/EMS Services Councilmember Tibbott explained this agenda item includes a resolution expressing the PSPHSP's recommendation to authorize the mayor to pursue a preferred option and begin gathering information and identifying a process. The intent is not to obligate the City to any particular option at this point and not to discontinue further public dialogue and input or state that the study of this issue is complete. The intent is to start a transparent public discussion among councilmembers regarding this resolution. This is an opportunity to discuss the Fitch report, ask questions and make observations. The committee expects to continue this discussion with full council in order to make decision. The committee will recommend a preferred option in the resolution and the resolution will go to full council where there will be opportunity to deliberate on the preferred alternative. The issue of fire service has been discussed by council for over 10 months and the council is now beginning to collaborate and consolidate that information into a decision making process. Bruce Moeller, PhD, Fitch & Associates, responded to a council question regarding the cost of the RFA compared to the annual cost of establishing an Edmonds Fire Department • Annual estimated cost of an Edmonds Fire Department would be $19.2M with annual operations and personnel cost of $18M, debt service of $2.2M offset with revenue from ambulance transport. Packet Pg. 164 8.2.b 05/14/24 PSPHSP Committee Minutes, Page 3 Assumptions regarding costs reflect: o Bulk of cost (70-85%) is personnel. Fitch report identified need for 56 personnel, 51 operational personnel (in the firehouses working shifts) and 5 administrative. o Used average wages/benefits SCF RFA is providing today. With nationwide challenges with recruitment and retention, it will be difficult to hire personnel unless the City offers wage and benefits competitive with surrounding communities. o Retained same levels of service. Dr. Moeller and Mr. Sturgeon responded to council questions and discussion followed regarding the function of five administrative staff, additional City administrative staff (finance, HR and mechanic) that would be required with an in-house fire department, depth provided by the RFA related to hazmat and technical rescue, determining actual dates for timelines, scarcity of qualified applicants, timeline to purchase fire and aid apparatus, average time to fill a firefighter position, sending a resolution to SCF with the required RCW language if the recommendation is to join the RFA, assessed value calculations and impact of a benefit charge, levy amount for establishing an in-house fire department versus joining the RFA, hiring firefighters/paramedics versus paramedics, unit hour utilization factor in determining when staff needs to be added, and decision points in determining when to add staff or equipment. Councilmember Tibbott read the resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, STATING THE DESIRE TO PURSUE THE MOST PROMISING OF THE FIRE SERVICE ALTERNATIVES AND AUTHORIZING THE MAYOR TO PURSUE NEXT STEPS REGARDING THIS ALTERNATIVE. WHEREAS, on December 19, 2023 South County Fire provided notice to City of Edmonds of its intent to exercise its right under the contract terms to cancel the contract in two years' time; and WHEREAS, the Council hired Fitch and Associates to conduct an unbiased and objective analysis of the options available to the City with a vote approving the action on November 30, 2023; and WHEREAS, Fitch and Associates collected data, spoke to stakeholders, and conducted data analysis related to such options, and presented to Council on April 16, 2024; and WHEREAS, the related final report was in the May 7, 2024 council packet and input on our options was solicited from the public at this meeting; and WHEREAS, Council discussed the Fitch report and the topic of the future of Edmonds fire service at the council meeting with South County Fire and Rescue on March 26, 2024, with Fitch and Associates on April 16, 2024, with the South County Fire Board of Commissioners on April 23, 2024, and at the PSPHSP Committee meeting on May 14, 2024; NOW THEREFORE BE IT RESOLVED 1. That the City Council of Edmonds Washington selects as the preferred alternative for future Fire and Emergency Medical Services, and authorizes the Mayor to pursue next steps toward that end; and 2. The Council and public receive periodic updates on the work and the details of any transition as the steps happen and as details become known. Councilmember Tibbott asked Mr. Sturgeon to offer his opinion on which of the three options would be best related to continuity of service as well as an ongoing long term solution. Mr. Sturgeon answered SCF is a well -managed, excellent fire department providing service to the City. They have the capacities and depth to do planning, procurement, logistics, etc. that would require a lot of time; time is of the essence although he did not believe SCF would leave the City high and dry; and SCF runs a lean model with cross staffing at two stations. He recommended the City annex into the SCF RFA. Committee members relayed factors considered in making a recommendation to select annexation into the SCF RFA as a preferred alternative including Fitch's unbiased report, the City's budget situation, cost to the community, services the City is already receiving from SCF, time required to fill positions Packet Pg. 165 8.2.b 05/14/24 PSPHSP Committee Minutes, Page 4 and purchase trucks and equipment, keeping the community safe, economies of scale, SCF high level of skill in a variety of areas, SCF's long range planning which is important for growth, cooperative agreements SCF has in place with surrounding municipalities, and funding mechanism to operate fire y service. N Committee recommendation: Full council with the addition of annexation into the SCF RFA as the preferred alternative in the resolution 6. Ordinance Amending ECC 5.05 to Ban the Deliberate Breeding and Sale of Companion Animals Councilmember Nand explained the reason she was interested in adding this legislation to the City's code is the state regulation related to the prevention of cruelty to animals allows up to 50 animals on a property with intact sexual organs for the purposes of breeding as long as each animal is caged in a space that is large enough to stand and move around (RCW 16.52.310), a situation often referred to as a puppy mill. Information provided by the City's animal control officer indicated there is less of a problem with breeding occurring in Edmonds because property is expensive. However, residents are targets for animals produced by puppy mills. She relayed a Snohomish County councilmember's interest in proposing legislation Edmonds passes related to banning backyard breeding and sale of animals at the Snohomish County level. The narrative in the agenda memo outlines pros and cons such as the significant amount the City pays to its contacted shelter related to unwanted companion animals that end up in the City's custody. Everett and Bothell have attempted to address breeding activity and the sale of animals with similar restrictions. Questions and discussion followed regarding the level of the problem in Edmonds, reducing the cost paid to the animal shelter, whether this amendment would prohibit responsible breeders, whether there are backyard breeders in Edmonds, Councilmember Nand's experience rescuing her rabbits from a breeder, deceptive practices by breeders, option 1 (ban the deliberate breeding and sale of companion animals for profit) versus option 2 (restrict the deliberate breeding and sale of companion animals for profit), preventing inhumane treatment of animals, accidental litters, civil penalty for violations, concern with creating laws that penalize people with good intentions, cruelty in deliberate breeding, adopting other animal welfare laws such as prohibiting cat declawing, addressing abuse and neglect while considering a ban or restriction, and concern with staff required for option 2. Committee recommendation: Full council 3. ADJOURN The meeting was adjourned at 5:20 pm. Packet Pg. 166 8.2.c RESOLUTION NO. 1547 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, STATING THE DESIRE TO PURSUE JOINING THE REGIONAL FIRE AUTHORITY BY ANNEXATION AS THE PREFERRED ALTERNATIVE FOR FIRE AND EMERGENCY MEDICAL SERVICES AND AUTHORIZING THE MAYOR TO PURSUE NEXT STEPS REGARDING THIS ALTERNATIVE. WHEREAS, on December 19, 2023 South County Fire provided notice to City of Edmonds of its intent to exercise its right under the contract terms to cancel the contract in two years time; and WHEREAS, the Council hired Fitch and Associates to conduct an unbiased and objective analysis of the options available to the City with a vote approving the action on November 30, 2023; and WHEREAS, Fitch and Associates collected data, spoke to stakeholders, and conducted data analysis related to such options, and presented to Council on April 16, 2024; and WHEREAS, the related final report was in the May 7, 2024 council packet and input on our options was solicited from the public at this meeting; and WHEREAS, Council discussed the Fitch report and the topic of the future of Edmonds fire service at the council meeting with South County Fire and Rescue on March 26, 2024, with Fitch and Associates on April 16, 2024, with the South County Fire Board of Commissioners on April 23, 2024, and at the PSPHSP Committee meeting on May 14, 2024; NOW THEREFORE BE IT RESOLVED 1. That the City Council of Edmonds Washington selects joining the Regional Fire Authority by annexation as the preferred alternative for future Fire and Emergency Medical Services, and authorizes the Mayor to pursue next steps toward that end; and 2. The Council and public receive periodic updates on the work and the details of any transition as the steps happen and as details become known. RESOLVED this 28th day of May, 2024. CITY OF EDMONDS MAYOfC MIKE ROSEN Packet Pg. 167 8.2.c ATTEST: C CLERK.SCOTT SEY FILED WITH THE CITY CLERK: May 22, 2024 PASSED BY THE CITY COUNCIL: May 28, 2024 RESOLUTION NO. 1547 Packet Pg. 168 8.2.d Executive Report n 2010, the City of Edmonds' governing board elected to transition from a municipal fire service provided by the city to a contracted service with then called Snohomish Fire District 1. In 2017, the City of Lynwood and Snohomish Fire District 1 formed a new Regional Fire Authority (RFA) called South County Fire. The City of Edmonds continues to contract with South County Fire Regional Fire Authority (RFA) for fire and emergency medical services (EMS). Even though the current contract with the RFA and City of Edmonds is set to expire in 2030, South County Fire sent the city an "intent to terminate inter -local agreement for fire and emergency medical services" in December 2023 with the understanding that the contract will be terminated on December 31, 2025. This report is a culmination of information developed from onsite-structured interviews with key stakeholders, budget analyses, staffing analyses, quantitative and temporal analyses. The FITCH team found South County Fire to be a high quality, innovative, and professional fire department organization. The management team was well versed in modern management and operational practices in the provision of emergency services and has provided exemplary service to the City of Edmonds. South County Fire has received multiple awards for innovative practices in emergency medical services and is providing efficient and effective services as prescribed at the inception of the current agreement between the city and the district. The recommendations in this report aim to guide future discussions for alternative emergency service options and negotiations between the City of Edmonds. They provide an objective, data - driven analysis of current performance and identify future opportunities. The city is interested in forecasting General Fund revenues and expenditures under multiple scenarios: continuation of a service contract, annexation into the RFA, contract services with another provider, and forming a municipal fire department. FITCH developed these scenarios reviewing historical financial data, forecasting General Fund revenues and expenditures under these different options, and estimating impacts to residential taxpayers. Professionals of the FITCH consulting team conducted onsite interviews in January 2024. The team met with elected officials of Edmonds and stakeholders, including South County Fire Authority, South County Professional Fire Fighters, IAFF Local 4683, and other community Fire Chiefs. Additionally, phone interviews were conducted with community members, as well as follow-up conversations. The team received documentation from all of the stakeholders, including the draft Berk Fire Annexation Financial Analysis completed in 2023 for the City of Edmonds. FITCH gathered and analyzed this data and it was determined that the City of Edmonds has three potential scenarios for providing fire and EMS services within their community: • Annex into the RFA • Contract with Shoreline Fire Department • Create a new Edmonds Fire and Rescue Department. • Separate fire and EMS services -contract with an EMS provider. Packet Pg. 169 8.2.d Description of Community Edmonds is located in the southwest corner of Snohomish County in Western Washington, facing Puget Sound and the Olympic Mountains to the west. The city is considered a suburb of Seattle, located 15 miles to the south and 18 miles southwest of Everett. With a population of 42,853 residents in the 2020 U.S. Census, Edmonds is the third most populous city in the county. The city is bordered to the west by Puget Sound and the city of Woodway, which lies south of Pine Street and west of 5th Avenue South. To the south of the county boundary at 244th Street Southwest is Shoreline in King County. The city's southeastern border with Mountlake Terrace is defined by the Interurban Trail, while the eastern and northern borders with Lynnwood run along 76th Avenue West, Olympic View Drive, and Lund's Gulch. The unincorporated area of Esperance, located in the southeast corner of the city, is an enclave of Edmonds and has resisted several attempts at annexation. According to the U.S. Census Bureau, the city has a total area of 18.42 square miles of which 8.90 square miles is land and 9.52 square miles is water. Edmonds has 5 miles of shoreline, which is crossed by several small streams. The Puget Sound makes up 86 percent of the city's drainage basin, with other streams flowing into Lake Ballinger to the southeast. The city's main commercial districts are Downtown Edmonds, situated in a valley known as the "bowl", and the State Route 99 corridor at its east end. The downtown area and "bowl" have views of Puget Sound and the Olympic Mountains. The city has several outlying suburban neighborhood with their own commercial centers, including Firdale, Five Corners, Perrinville, Seaview, Sherwood, and Westgate. Packet Pg. 170 8.2.d History of Relationship with RFA and Legal Basis In 2010, the City of Edmonds' governing board elected to transition from a municipal fire service provided by the city to a contracted service with then called Snohomish Fire District 1. In 2017, the City of Lynwood and Snohomish Fire District 1 formed a new Regional Fire Authority (RFA) called South County Fire. The City of Edmonds continues to contract with South County Fire Regional Fire Authority (RFA) for fire and emergency medical services (EMS). The RFA includes the cities of Brier, Edmonds, Lynnwood, Mill Creek, and Mountlake Terrace, and unincorporated areas in the southwest portion of Snohomish County. As the legislative branch of a mayor -council, non -partisan, representative form of government, seven part-time council members are elected directly by the people to staggered four- year terms. All positions represent the community at large. The City Council adopts the city budget, establishes law and policy, approves appropriations and contracts, levies taxes, and grants franchises. Council members also represent the city on boards and commissions and to other organizations. The City Council is the legislative body that establishes city policy. The Council's legislative authority is established by Title 35 of the Revised Code of Washington Laws of Cities and Towns. Section 35A.11.020 of the Optional Municipal Code sets forth the powers vested in legislative bodies of non -charter code cities. The South County Fire District's services within the City of Edmonds are appropriately resourced for the contractual requirements. In addition, the district has internally developed and adopted response standards by call type for travel time for the entire district. The elected body for the City of Edmonds is a partner with all of the RFA as a service provider, but also retains the responsibility to participate in a fluid standard setting process for the contracted services within the city, as occurred at the inception of the relationship. In other words, the city should have an expectation that they have input into the development of service expectations within the city and the flexibility to adjust said performance standards. For example, there may be greater value in adopting achievable performance standards within the city, rather than acknowledging continued deficiencies without the associated active planning efforts to improve service to meet the current standards. In 2022, voters in Mill Creek voted to annex into the RFA. In 2023, voters in Brier and Mountlake Terrace voted to annex, as well. Although the current contract with the RFA and City of Edmonds is set to expire in 2030, South County Fire sent the city an "intent to terminate inter -local agreement for fire and emergency medical services" in December 2023. Packet Pg. 171 8.2.d U.S Census Data Population I The City of Edmonds is located in Snohomish County, Washington with an estimated population in 2022 of 42,593. Spanning over 9 square miles, Edmonds has a population density of 4,806.3 people per square mile. Edmonds is the third most populous city in Snohomish County, behind Everett and Marysville. Since the 2010 Census, the population has seen an increase of around 9%. U. S. Census Estimates Total Population Population Per Square Mile Land Area in Square Miles Socioeconomic Characteristics' City of Edmonds _ 42,593 (2022) F— 4,806.3 (2020) F 8.92 (2020) For the City of Edmonds, the growth and age of the population are not the sole variables that influence demand for services. Additional factors, such as socioeconomic and demographic factors can ultimately have a greater influence over demand. For example, median household income in the community was evaluated to determine to the extent to which the city has socioeconomically challenged populations. According to the latest data provided by the U.S. Census Bureau Quickfacts in 2022, the City of Edmonds household income is almost double the national average. The median household income in the city is reported at $110,057, whereas the national average is $69,021. Edmonds per capita 2022 income was $68,793, with approximately 4.2% of the inhabitants below the poverty level. The United States per capita income is at $37,638 and poverty average is 11.6%. These types of monetary variability can impact personal healthcare and prevention practices which impact district services. U. S. Census Demographics FMedian Household Income FMedian Home Value Owner Occupied Households Persons in Poverty City of Edmonds $110,057 (2022) $761,300 (2020) 69.7% (2020) 18,269 4.2% m E U a 1, 2 https://www.census.gov/quickfacts/edmondscitywashington Packet Pg. 172 8.2.d Community Demographics Age Demographics' According to the United States Census Bureau, persons under 5 years of age account for 4.8% of the population in the City of Edmonds, persons under 18 account for 17.4% of the population, and persons over 65 for 22.8% of the population. Populations younger than 5 years and older than 65 years are considered by the U.S. Fire Administration at a high risk for injury and death from fires. The aging population poses significant risks for emergency services, as persons older than age 65 years utilize EMS services at a far greater rate than younger populations. This is due to chronic conditions and diseases including cardiovascular disease, diabetes, dementia and cognitive declines, and elderly falls. Years of Age City of Edmonds Snohomish County United States L L Under 5 4.8% L 5.9% l 5.6% Under 18 17.4% 21.8% 21.7% 65 and over 22.8% 15.0% 17.3% Diversity 4 The City of Edmonds diverse population is as follows: White, alone 77.1% Black or African American alone 2.0% American Indian and Alaska Native alone 0.4% Asian alone 9.3% Native Hawaiian and Other Pacific Islander alone 0.7% Two or More Races 7.7% Hispanic or Latino 6.5% White alone, not Hispanic or Latino 74.8% 3,4 https://www.census.gov/quickfacts/edmondscitywashington a Packet Pg. 173 8.2.d Community Characteristics Area Economics The City of Edmonds has an estimated workforce population of 22,152 and an unemployment rate of 6.2 percent. As of 2019, most of the city's employed residents commute to neighboring cities for work, including 11 percent to Seattle, 6 percent to Lynnwood, 6 percent to Everett, and 5 percent to Shoreline. Only 11.7 percent of residents work at employers within Edmonds city limits. The average one-way commute for Edmonds residents was approximately 31 minutes. The most common occupational industry for Edmonds residents is in educational and health services, employing 23 percent, followed by retail (13%) and professional services (12%). Transportation Features The city is connected to nearby areas by two state highways and the state ferry system, which operates a ferry route to Kingston on the Kitsap Peninsula. Public transit service in Edmonds is centered around the downtown train station, served by Amtrak and Sounder commuter trains, and includes several Community Transit bus routes that travel through outlying neighborhoods. The city's ferry terminal is located at the west end of Main Street at Brackett's Landing Park and is served by a ferry route to Kingston on the Kitsap Peninsula. From 1979 to 1980, Washington State Ferries also ran ferries to Port Townsend during repairs to the Hood Canal Bridge. The Edmonds train station lies a block southwest of the terminal and is served by Amtrak's intercity Cascades and Empire Builder trains, as well as Sound Transit's Sounder commuter train. These trains operate on the BNSF Railway, which runs along the Edmonds waterfront and is primarily used for freight transport. Two state highways, State Route 104 and State Route 524, connect the downtown area to eastern Edmonds and other points in southern Snohomish County and northern King County. An additional state highway, State Route 99, runs north -south in eastern Edmonds and connects the city's commercial district to Seattle and Everett. Public transportation in Edmonds is provided by Community Transit, which serves most of Snohomish County and covers 74 percent of Edmonds residents. Community Transit's local buses run on major streets and connect downtown Edmonds to transit hubs at Aurora Village, Lynnwood Transit Center, and Edmonds Community College. It also operates Swift on State Route 99, a bus rapid transit service connecting Aurora Village and Everett. Community Transit also operates three commuter routes that run from park and ride lots in Edmonds to Downtown Seattle and the University District. Packet Pg. 174 8.2.d South County Fire Organizational Overview The South County Fire Department provides high quality fire suppression, emergency medical, technical rescue, and hazardous materials services from 15 fire stations staffed with a minimum daily staffing level of 58 personnel. Additionally, the organization delivers a full spectrum of fire and life safety services supported by administrative staff and training officers to ensure the first responders are well prepared for any hazard or situation they may face. The department provides services to nearly 259,641 residents in southwest Snohomish County in an area of approximately 52 square miles. The department serves the cities of Lynnwood, Brier, Edmonds, Mountlake Terrace and surrounding unincorporated areas. The combined response coverage area consists of 922 miles of public roadways. The department's service area includes more than 97,000 housing units and more than 2,000 non-residential occupancies, including office, professional services, retail/wholesale sales, restaurants/bars, hotels/motels, churches, schools, government facilities, healthcare facilities, and other non-residential uses. 't T.� i Mariner HOW. Lake Lake Qsaa,. Lake Mill ' Stick—y Creek SII yt Firs Heeler's Cotner Q Ma Q lake Lake I -�- Lynnwood HilHop Edmonds Mountlake Terrace Brier © S—u County Fee Stat ® ® Reponai Fee A,ty Sent.a utw•t Ce..t. a Packet Pg. 175 8.2.d South County Fire Organizational Overview Human Resources The Fire Chief is accountable to the district for the overall operations of the fire department and implementation of policy. As the department director, the chief oversees an annual budget of $110 million. The chief is responsible for the development and support of collaborative relationships with other fire and emergency services agencies, and the public. South County Fire is governed by a board of seven elected commissioners: five commissioners elected from districts of roughly equal population and two commissioners elected at -large. Commissioners are responsible for defining the agency's long-term vision and for adopting the budget and policies to be implemented by administrative staff. The department's service capacity consists of a daily on -duty response force of 70 personnel from 8:00 a.m. to 8:00 p.m., staffing 12 engines, two ladder trucks, and six Advanced Life Support (ALS) / Basic Life Support (BLS) ambulances, as well as three Battalion Chiefs and one Medical Services Officer stationed at 15 strategically placed stations. Three aid/medic ambulances are out of service from 8:00 p.m. to 8:00 a.m., reducing on -duty staffing to 64 personnel during those hours. Four platoons of firefighters work on a rotating schedule to provide 24-hour coverage. Battalion Chiefs oversee operations in three geographic zones, and captains provide supervision at the station level. Packet Pg. 176 8.2.d South County Fire Organizational Overview All station personnel are trained either to the Emergency Medical Technician (EMT) level to provide BLS pre -hospital emergency medical care or to the EMT -Paramedic (EMT-P) level to provide ALS pre -hospital emergency medical care. The department also provides both ALS and BLS ground ambulance transportation services. When needed, air ambulance services are provided by Airlift Northwest operating from Arlington and Boeing Field or the U.S. Coast Guard, as available. There are four hospitals with emergency services within the region, including one trauma center and burn center in Seattle. The department's dispatching service, Snohomish County 9-1-1, is part of a countywide joint dispatch partnership agency that allows the dispatching of the closest fire and ambulance resources countywide, regardless of agency boundaries. All response personnel are trained either to the U.S. Department of Transportation Hazardous Material First Responder Operational (FRO) level to provide initial hazardous material incident assessment, hazard isolation, and support for a hazardous material response team or to the Hazardous Materials Technician level. The department cross -staffs a Hazardous Materials Decontamination Unit as needed from Station 12 to support the regional Hazardous Materials Response Team sponsored by Boeing, City of Everett Fire Department, Marysville Fire Department, and many other jurisdictions in Snohomish County. Response personnel are also trained to the Confined Space Awareness, Low Angle Rope Rescue Operational, and Swift Water Rescue Awareness levels. The department cross -staffs a Technical Rescue unit at Station 21 in Lynnwood with confined space rescue, trenching/shoring, structural collapse, Urban Search and Rescue, high/low-angle rope rescue, and ice/water rescue capabilities. The department has two aluminum outboard water rescue boats, one cross -staffed by Station 16 personnel in Edmonds and the other cross -staffed by Station 19 personnel in Mountlake Terrace. a Packet Pg. 177 8.2.d South County Fire Organizational Overview Fire Prevention The Fire Prevention Division provides a coordinated community risk reduction effort. The goal is to identify, prioritize and strategically plan to reduce risks and build healthy, safe and resilient communities. South County Fire provides fire marshal services in the City of Edmonds, including fire inspections and plan reviews. Properties with Edmonds addresses in unincorporated areas outside the city limits (Picnic Point, North Meadowdale, Esperance, etc.) receive these services from the Snohomish County Fire Marshal. Community Outreach South County Fire offers online and in -person classes and programs to help citizens stay safe and informed. Classes offered include: ACT First Aid & CPR Aging in Place Car Seats Child Safety & CPR Disaster Preparedness Home Fire Safety Impact Teen Drivers Workplace Emergency Preparedness Residents who reside in the South County Fire service area can request a home safety evaluation. South County Fire conducts home safety evaluations which involve a visit from Outreach staff to assist with smoke and carbon monoxide alarms and to evaluate home fall hazards. Community Paramedic South County Fire's Community Resource Paramedic Program links patients with the community services needed. The main goal of the program is to help people stay safely at home - and out of the emergency room. This program is partially funded by a grant from Verdant Health Commission and a contract with North Sound Accountable Community of Health. Community paramedics follow up with at -risk patients through a telephone call or a home visit to find out what's behind multiple calls to 9-1-1. In addition to a medical assessment, there is a home safety survey E to prevent falls and other risks. The program also assists patients with food issues, transportation for care, in -home care referrals, and mental and behavioral health services. a Packet Pg. 178 8.2.d Physical Resources- Apparatus Engine - A piece of fire apparatus that carries water, medical equipment, and tools to the scene of an emergency. The primary function of this crew at a fire is to establish a water supply, search for people in the interior of a structure and apply water with hose lines to extinguish the fire. Engines in Edmonds: 3 Medic/Aide Unit- This apparatus is equipped for basic or advanced life support medical care. Its primary purpose is to provide diagnostic assessment, treatment, and transport for patients experiencing medical emergencies. Medic/Aide units in Edmonds: 3-5 a Packet Pg. 179 8.2.d Physical Resources- Apparatus Battalion Chief - This emergency response vehicle is staffed by a Battalion Chief who oversees emergency responses, line personnel, and some non -emergency programs. Rescue Boat - This emergency response vehicle is used to staff water rescue personnel to the scene of a water related emergency. Located at Port of Edmonds Brush Engine- A wildland or brush truck is specifically designed to assist in fighting brush, forest and wildfires by transporting firefighters to the scene and providing them with access to the fire, along with water or other equipment. a Packet Pg. 180 8.2.d Physical Resources- Edmonds Fire Stations Station 16 Maplewood Station 8429 196th Street SW Edmonds, WA Resources: Engine / Medic (cross -staffed) Personnel: 3 Station 17 Downtown Edmonds 275 Sixth Ave. North Edmonds, WA Resources: Engine / Medic (cross -staffed) Personnel: 3 Station 20 Esperance Station 23009 88th Avenue W Edmonds, WA Resources: Engine / Medic Personnel: 5 a Packet Pg. 181 8.2.d Edmonds Emergency Call Volume 12.05% increase from 2019 2019 2020 2021 2022 2023 Chart and data retrieved from South County Fire Annual Report to City of Edmonds April 2024 SERVICE TYPE CALLS Calls volumes across the country have increased dramatically in the last decade. The residents in Edmonds are calling 9-1-1 and using emergency services 12% more than they did just five years ago In 2023, community demand requests for service totaled 6,147, averaging 16.84 calls per day. EMS calls totaled 5,299, or 86.2% of the total, averaging 14.5 calls per day. Fire related calls totaled 500 or 8.1 % of the total, averaging 1.37 calls per day. The third largest category is service calls, which totaled 335 or 5.4% of the total requests. Packet Pg. 182 8.2.d Edmonds Emergency Call Volume Busy time, or time on task, was measured from unit dispatch date and time to unit clear date and time. All units assigned to South County Fire for the City of Edmonds made 6,147 responses, and were busy on calls for a total of 6,042 hours. Overall, average busy minutes -per -response was 31.2 minutes, and average number of units responding per call was 1.9. The EMS program was the busiest program in the department, accounting for -84.5% of the department's total response volume, and 87.8% of the department's total busy hours. PP Call Category Number Number II Average of FD1 Responses Total Hours Avg. Busy of FDt Busy Minutes Average Calls per Avg. Responses Avg. Busy Hours per d` of Calls Responses Unit Per Call Units Response per Day per Day Day Map from South County Fire Standards of Coverage Analysis Volume 2 March 2019 South County Fire n »_ Station Response Areas y ° I' * '_w.►' + J -....................... A •, ��t�Lt_ I _ � 21 1. ■15 \y 0 17 • X' 2� 02D i Legend Fire Stations Geography =13 Engi—Media su"t. 14 BC, Ladd.dEngine, Medk. Aid — Fre y. 15 16 Ladder. Medic Meer Sheen 117 BC. Engineirte COIkLOdr Shcek 1—n-Sueeb 16 - Englne,TR, Medic. BC, MSO gear geeek -11• T} A -A. Station. Fire Station Areas 2g 10 121 11 22 12 +23 Packet Pg. 183 8.2.d City of Edmonds Physical Assets Protected Sufficient data was available from the internal inspection records that provided specific building occupancy information. Individual buildings were rated by multiple variables such as number of stories, location, stories below grade, construction class, and the presence of automatic sprinklers. Although this information was utilized throughout the risk assessment process and calculations, the map on the following page shows specific locations of rated occupancies and the respective risk severity. Buildings, The department's service area in Edmonds includes more than 19,471 housing units and more than 1,642 non-residential occupancies, including offices, professional services, retail/wholesale sales, restaurants/bars, hotels/motels, churches, schools, government facilities, healthcare facilities, and other non-residential uses. Building Occupancy Risk Categories The CFAI identifies four risk categories that relate to building occupancy as follows: Low Risk - includes detached garages; storage sheds; outbuildings; and similar building occupancies that pose a relatively low risk of harm to humans or the community if damaged or destroyed by fire. Moderate Risk - includes detached single-family or aancies ,D'• ��-- too o o F., ° ° ° .+- o - o��w��K v • p °•" °o o o o ■�o o o�.. o — y°e" o . ° o ° # o •• o •o oo _ ° 41 • .' .ems. ■ � ■r Map from South County Fire Standards of Coverage Analysis volume 2 March 2019 two-family dwellings; mobile homes; commercial and Risk Factors K Station Response industrial buildings less than 10,000 square feet without a high -hazard fire load; aircraft; railroad facilities; and similar building occupancies where loss of life or 7Hghsk 38 37 34 109 property damage is limited to the single building. cies High Risk - includes apartment/condominium buildings; commercial and industrial buildings more than 10,000 square feet without a high -hazard fire load; low -occupant load buildings with high -fuel loading or hazardous materials; and similar occupancies with potential for substantial loss of life or unusual property damage or financial impact. Maximum Risk - includes buildings or facilities with unusually high risk requiring an Effective Response Force involving a significant augmentation of resources and personnel, and where a fire would pose the potential for a catastrophic event involving large loss of life and/or significant economic impact to the community. Evaluation of the city's building inventory identifies 109 high- and maximum -risk building uses as they relate to the CFAI building fire risk categories. 5South County Fire Standards of Coverage Analysis Volume 1 March 2019 Packet Pg. 184 8.2.d City of Edmonds Physical Assets Protected Critical Facilities, The U.S. Department of Homeland Security defines critical infrastructure / key resources (CIKR) as those physical assets essential to the public health and safety, economic vitality, and resilience of a community, such as lifeline utilities infrastructure, telecommunications infrastructure, essential government services facilities, public safety facilities, schools, hospitals, airports, etc. South County Fire identified 155 critical facilities throughout the service area, 28 of which are located in Edmonds. A hazard occurrence with significant impact severity affecting one or more of these facilities would likely adversely impact critical public or community services. Risk STATION RESPONSE ZONE Factors Station Station Station TOTAL Critical 16 17 20 Facilities 4 9 15 28 RFA Critical Facilities "� •'' • ��.:. ..........'•.. i n i • i it 21 !!• f' • r. p— • i it n • �� •• • • • • • • • • �n • ,Flre Legend n1u • Cri E-1— G.ognphy • ""'1 • • ..." • • • /1-V • • • • • %„ • r,�*xs � Sutton• same• • EnuinerMeee .e M ■BC. �• • .�c • Leo4er�Enpine M<(I(. Aga i• BC. Ene^e�Memc ' • •• : �• . Eng—TR, M— BC M50 .............•........ ........................ 6 Krona suuo„ Map from South County Fire Standards of Coverage Analysis Volume 2 March 2019 s south County Fire Standards of Coverage Analysis Volume 1 March 2019 Packet Pg. 185 8.2.d Current Deployment Model The South County Fire Department provides a high level of service within the City of Edmonds. This level of service includes three advanced life support ambulances and three engines. In addition to these resources stationed within the city, when various emergencies occur, the RFA sends the following resources described in the chart below. ML Type of Resources Sen AIL Total DepartmentMinimum Personnel Sent 1- Patient EMS 1 Engine/ Ambulance or Ladder Ambulance d 3-5 FF Vehicle Fire 1 Engine 3 FF Fire in Residential 2 Battalion Chiefs, 1 Medic Unit, 1 BLS Unit, 3 Structure Engines, 1 Ladder, 1 Technical Rescue Unit and 1 22 FF Medical Services Officer Fire in Same as "Residential Fire" with One Additional Commercial Engine 25 FF Structure Technical Rescue 2 Engines, 2 Ambulances, 1 Ladder, 1 Technical 17 FF Rescue and 1 Battalion Chief First Alarm- 2 Engines Hazardous Second Alarm and above: Materials Decon Unit, Battalion Chief, Hazardous Materials 16-19 FF Response Technical Units and Ambulances Based on Patients Response Resources chart from South County Fire Standards of Coverage Analysis Volume 1 March 2019 As the emergency situation becomes more complex and creates increased risk for responders, South County Fire must utilize additional resources to mitigate these incidents. a Packet Pg. 186 8.2.d Unit Hour Utilization (UHU) Time on task is necessary to evaluate best practices in efficient system delivery and for considering the impact the workload has on personnel. Unit Hour Utilization (UHU) values represent the proportion of the work period (e.g., 24 hours) that is utilized responding to requests for service. Historically, the International Association of Fire Fighters (IAFF) has recommended that 24-hour units utilize 0.30, or 30%, workload as an upper threshold.? In other words, this recommendation would have personnel spend no more than 7.2 hours per day on emergency incidents. These thresholds take into consideration the necessity to accomplish non -emergency activities such as training, health and wellness, public education, and fire inspections. The 4th edition of the IAFF EMS Guidebook no longer specifically identifies an upper threshold. However, FITCH recommends that an upper unit utilization threshold of approximately 0.30, Or 30%, would be considered best practice. In other words, units and personnel should not exceed 30%, or 7.2 hours, of their work day responding to calls. These recommendations are also validated in the literature. For example, in their review of the City of Rolling Meadows, the Illinois Fire Chiefs Association utilized a UHU threshold of 0.30 as an indication to add additional resources a Similarly, in a standards of cover study facilitated by the Center for Public Safety Excellence, the Castle Rock Fire and Rescue Department utilizes a UHU of 0.30 as the upper limit in their standards of cover due to the necessity to accomplish other non -emergency activities 9 Every day, the agency staffs three units including one engine, one ALS unit, and one ladder truck. We combined the workload of two engines, three ALS units, and ladder/rescue units to calculate UHU since only three units were staffed daily. 0.35 0.3 0.25 0.2 0.15 0.1 0.05 o � Station 16 Unit Hour Utilization (UHU) IAFF Upper Threshold Station 17 Station 20 ■ Unit Hour Utilization (UHU) (UHU data from South County Fire Standard of Coverage March 2019- p. 57) The three stations which cover the city of Edmonds Station 16 (17.5%), Station 17 (14.3%) and Station 20 (19.8%). The average UHU for the stations in Edmonds is 17.2% The busiest unit in the department was the AILS units with a UHU value of 15.1 % (1,321 busy hours for 24 hours per day), followed by the engine unit with a UHU value of 8.6% (751 busy hours for 24 hours per day). The least utilized unit was the ladder with a UHU value of 1.0%. The three units combined had a UHU value of 8.2%. 7 International Association of Firefighters. (1995). Emergency Medical Services: A Guidebook for Fire -Based Systems. Washington, DC: Author. (p. 11) 8Illinois Fire Chiefs Association. (2012). An Assessment of Deployment and Station Location: Rolling Meadows Fire Department. Rolling Meadows, Illinois: Author. (pp. 54-55) 89Castle Rock Fire and Rescue Department. (2011). Community Risk Analysis and Standards of Cover. Castle Rock, Colorado: Author. (p. 58) Packet Pg. 187 8.2.d Option 1: Join the RFA Through Annexation eginning in 2003, the City of Edmonds and the South County Fire Authority have had a contractional relationship which provided a high level of fire and emergency medical services to the residents within their community. By supporting the annexation of the City of Edmonds into the Fire Authority, the community would continue to receive the high level of service the community has been provided. In addition, the community has many benefits with services that would be difficult to replicate and assign a quantitative cost to these services. Annexation into the RFA would reduce the general fund liabilities by -$6.5 million, the current annual contract cost. This would strengthen Edmonds' general fund to address future projects and other city -provided services. Additionally, The City could potentially use these funds to lower the city's portion of the property taxes for their residents. In an annexation scenario, Edmonds would be relieved of the current firefighter portion of the LEOFFI ; South County would transfer that liability from Edmonds ($6.6M-OPEB); annual cost of $83,000. In addition, they would no longer be responsible for the fire dispatch fees payable to Snohomish County 9-1-1. In 2024, that amount is $401,107. which partially funds a Packet Pg. 188 8.2.d Option 2: Contract with Shoreline Fire Department FITCH met with the Fire Chief of Shoreline Fire Department to assess the level of interest in entering a service contract with the City of Edmonds to provide Fire and EMS services. In 2022, King County Fire Protection NOA (Shoreline Fire Department) and King County Fire Protection District NO.16 (Northshore Fire Department) entered into an inter -local agreement for fire and emergency medical services, where Northshore Fire Department contracts with Shoreline to provide fire and emergency medical services within their jurisdiction. Shoreline's response area is within King County except for the town of Woodway in Snohomish County. The Shoreline Fire Department Emergency Medical Services is governed by Medic One, King County Emergency Medical Services. Due to funding through King County for emergency medical services, it has been determined that Shoreline Fire Department could provide an EMS unit within the City of Edmonds. However, the Shoreline and King County EMS Levy would have to be applied ($1.48, AV/1000). Further discussions need to be facilitated with Shoreline Fire, King County, and medical directors to find out if this service can operate out of Snohomish County and within the jurisdiction of another medical system's direction and protocols. In 2023 and 2024, the costs to Northshore for contracted services: ( This is provided to demonstrate the increased cost in one year for contracted services). North Shore 2023 2024 Annual Contract Fee $9,551,329.00 $12,041,180 Under the current contractional agreement, Northshore is responsible for all the capital funding necessary to provide service within its area. The City of Edmonds needs capital equipment for fire and EMS services to explore and consider any option outside annexation within the RFA. Depending on the terms of the contract, Edmonds would likely be required to purchase the initial capital (-$6.7M) and renovate its facilities (-$20M). In addition, an annual capital replacement amount would be needed to replace items as they reach the end of their life cycle. c Numerous variables in this scenario contribute to uncertainty regarding both its extent and the potential cost to the City of Edmonds. Debt service, replacement capital funding, and labor rates could feasibly exceed the price of the current contract with South County Fire. a Packet Pg. 189 8.2.d Option 3: Create Own Department In 2009, the City of Edmonds dissolved its fire department, sold its assets, and merged its personnel to Snohomish County Fire Protection District NO. 1 (South County Fire). In total, 50 personnel were transferred from the City of Edmonds to South County. For the city to continue to provide the same level of service as it is currently receiving, it will require 51 operations personnel and five administrative/support positions for a total of 56 personnel. In discussions with South County Fire, they aim to retain all personnel assigned to the City of Edmonds contract. Given current labor challenges, Edmonds may experience difficulty recruiting and hiring qualified personnel to provide fire and EMS services to the community. Additionally, Edmonds will need to hire a complete command staff with support personnel to continue the present level of service. South County Fire employees are at the midpoint of the mutually agreed upon comparable agencies for collective bargaining purposes in comparing total compensation. Shift Firefighter/Paramedic Driver Company Battalion Total Staffing Operator Officer Chief Needs Edmonds Station 16 Fire 2 1 1 4 Suppression Unit EMS Unit 2 2 Battalion 1 1 Chief Edmonds Station 17 Fire 2 1 1 4 Suppression Unit EMS Unit 2 2 Minimum 8 2 2 1 13 Shift Staffing Staffing 4.5 2.5 3 3 Relief Factor 3 Platoon 36 6 6 3 51 System Administrative Position Fire Chief 1 Deputy Chief 2 Fire Inspector 1 Administrative Assistant 1 Suppression and EMS Personnel Total 51 Total FTEs 56 Packet Pg. 190 8.2.d Option 3: Create Own Department Capital Funding and Purchase South County purchased the assets utilized by the former Edmonds on a depreciated scale. According to the 2009 Inter -local Agreement for Services between Snohomish County Fire Protection District NO.1 and the City of Edmonds, dated 3 November 2009, the following values were agreed upon: Category Depreciated Purchase Price Rolling Stock Vehicles $1, 419,205.00 Attractive Assets (Equipment, PPE, Radios $248,399.00 On -Board Equipment $100, 253.00 Non -Built in, Non -Fixed Station Furnishings $30, 366.82 Total (2009) $1,798,223.82 Applying a conservative inflation rate of six percent (6%) to the 2009 agreement equates to $4,309,548.00 in 2024. Fire and EMS have experienced an inflation rate year after year, far exceeding the conservative value of six percent (6%) for rolling stock and attractive assets. The following illustration estimates what Edmonds may require for expenditures(-$6.7M) if they purchase capital assets to provide fire and emergency services. These figures are only estimates and formal Requests For Proposals (RFP) would be required to determine exact costs based on agency specifications. * Note: Build time for new apparatus is currently 20-36 months after the order is placed. Estimated Capital Start Up Costs Item Fire Appartaus (4)- includes 1 reserve Current Market Estimate $3,900,000 Ambulances(4)-includes1 reserve $1,550,000 Command Staff Vehicles (3) $250,000 Firefighter Protective Equipment-(2) sets per fi refighter $401,000 Self Contained BreathingApparatus (24) $250,000 EKG- Monitor Defibrillator (4) $150,000 Radios (25) Total $250,000 $6,751,000 * There is a myriad of options based on the acceptable level of risk in a community. Packet Pg. 191 8.2.d Option 3: Create Own Department Current facilities The current fire stations within Edmonds need remolding, rebuilding, and relocations. South County Fire has forecasted a project price of ~$20 million to complete this project. An updated needs assessment will be required to determine a refined cost estimate. Operational Costs In evaluating current and future service levels within the City of Edmonds, the operational costs would be $19.2M (which includes ancillary and support services such as, fire prevention, training academy access, community resource paramedic, medical officer, PIO, and public education) in addition to ongoing replacement funding for future capital expenditures. Q Packet Pg. 192 8.2.d Option 4: Contract with EMS Service Feasibility of Separate Fire and EMS Services for Edmonds Collective Bargaining Agreements for Shoreline Fire Department and Shoreline Firefighters Local 1760, South Snohomish County Fire & Rescue, Regional Fire Authority, and International Firefighters Local 1828, prohibit subcontracting for emergency medical services. Currently, no AILS private ambulances are operating within Snohomish County. The development of a single role (EMS -only Providers) would require additional research and development to determine the feasibility of the City of Edmonds. This approach has declined nationally due to decreased private EMS providers and communities needing to retain transport fees. Another consideration is that current economic conditions would necessitate the City of Edmonds to subsidize any private provider. a Packet Pg. 193 8.2.d Summary of Options- Based on Current Level of Service Option 1: Annex into South County Fire-RFA Reduce General Fund expenditures by: 'Revised 6-3-2024 —$6 million —Current contract savings Annual Cost= $18.7M $401,107- County 911 $83,000- OPEB annual Savings Total Savings=—$6,484,000 -$6.5M reduction in general fund liabilities Relieved of $6.6 million- LEOFF1liability Other Post Employment Benefits (OPEB) Retiree medical benefits Annualized Cost- $83,000 $6.6M reduction in long term liability City does not have to buy capital equipment or repair/replace stations. Option 2: Contract with Shoreline Fire Department Annual operations and personnel cost- Annual Cost= $24.9M $22.7 M Debt Service: equipment and stations- $2.2M* . Amortized station relocation, repair, construction and other capital equipment. Option 3: Create Own Department Annual Cost= $19.2M Annual operations and personnel cost-$18M Debt Service- equipment and stations- $2.2M* Estimated Ambulance Billing Revenue= --$1M (offset) $18M + $2.2M - $1114 (ambulance billing offset) = $19.2M • Amortized station relocation, repair, construction and other capital equipment. • See page 28 for buyback option analysis. c Option 4: Separate fire and EMS E services -contract with an EMS Not a viable option due to CBA's provider and lack of 911 private services. a Packet Pg. 194 8.2.d Station and Staffing Models: The City of Edmonds Forms Their Own Fire and EMS Service 3 Station On Duty On Duty Model Staffing Staffing Personnel and operating $18M 1 1 -1 55 $12M 10-12 $6M Annual Debt Service $2.2M $2.1K $1.7101 Ambulance Transport fees —($1 M)—($670K)—($500K) Levy-req. AV/1000 $1.25 $0.87 $0.47 Total $19.2M $13.4M* $7.1M"' Station and Staffing Models -Considerations Additional considerations for reduced staffing or stations: • A "One Station Model" would significantly Impact RESPONSE TIMES. • Reliability of Units (available for the next call). • Effective Response Force (ERF) - EMS-ALS (3-5 personnel), Residential structure Fire (14-22 personnel). • Unable to complete critical tasks (Fire -EMS for moderate risk, high risk, and max risk calls). • Reliance on mutual aid when units are tied up (could include a service charge per unit by provider). • Stations would have to be optimized (relocated $$) for maximum effectiveness. I• A minimum of 3 resources are needed to handle current call volume • Stations (3) x 1.10 = 3.3 Resources • Average of 16.8 calls per day Packet Pg. 195 8.2.d Side by Side Comparison of Options- Revised 6-3-2024 Annex into South County Fire RFA Reduce General Fund expenditures by: $6 million —Current contract savings $401,107- County 911 $83,000- OPEB annual Savings Total Savings=—$6,484,000 Relieved of $6.6 million- LEOFF1liability Other Post Employment Benefits (OPEB) Retiree medical benefits Annualized Cost- $83,000 *Annual Cost= $18.7M $6.5M reduction in general fund liabilities. $6.6M reduction in long term liability.* Number transposed in original report ($17.8M) Analysis of buy-back option: Contract with Shoreline Fire Department Annual operations and personnel cost-$22.7M Debt Service- equipment and stations- $2.2M* * Amortized station relocation, repair, construction and other capital equipment. Annual Cost= $24.9M* Fitch's final report assumed the city would need to procure all new apparatus and equipment upon re-establishing a city fire/EMS department, estimating an initial capital investment of $6,751,000. Purchasing back rolling stock and equipment could reduce the cost, with the following caveats: • Assuming apparatus and equipment are halfway through their 10-year useful life, they would need to be replaced within five years. • The required initial capital investment under this assumptions would be $3,375,500. • The annual debt service would decrease from $811,749 to $405,875. • The city would need to plan for earlier replacement of apparatus and equipment than the Fitch's methodology suggests. • Fitch recommends a "sinking fund" to ensure funding of capital equipment. • Alternatively, the city could use "pay-as-you-go" approach, potentially requiring bonding of capital reinvestment. • The choice of methodology is a policy decision for the community. Form Edmonds Fire Department Annual operations and personnel cost-$18M Debt Service- equipment and stations- $2.2M* * Amortized station relocation, repair, construction and other capital equipment. Estimated Ambulance Billing Revenue offset = —$1 M Annual Costs = $19.2M* See buyback of apparatus and equipment option below: Form Edmonds Fire Department With capital buyback option Annual operations and personnel cost- $18M Debt Service- equipment and stations- $2.2M* (less $405,875=$1.8M**) * Amortized station relocation, repair, construction and other capital equipment. Estimated Ambulance Billing Revenue= —$1M Annual Costs=$19.2M* ($18.8M Adjusted for reduced debt service) —Assumes $3,375,000 equipment buy back. Fitch Recommends a —$3M Sinking fund to purchase future rolling stock. Packet Pg. 196 8.2.d Implementation Tasks and Timelines Annex into South County Fire RFA Contract with Shoreline Fire/EMS Form Edmonds Fire Department • Resolution requesting Make formal request • Hire a Fire Chief, Deputy annexation. for proposal. Chief, and Administrative • Review of request by Initiate Contract Assistant. SCF Governing Board. negotiations. • Begin Negotiations with • Negotiations- Terms Ratify contract by all SCF on transition plan. and Conditions: Cost parties. - Develop specifications sharing, contracts, fire for fire equipment and marshal services. Purchase capital trucks. assets. - Order equipment. • Pre -annexation Develop policies and agreement. Negotiate transition with SCF. procedures. - Amendments to plan: • Hire and train new Governance personnel. Boundaries • Transition plan. - Public referendum. Timeline: 18-24 months Timeline: 24-36 months Timeline: 36 Months *Buy back option: time would be reduced by up to 12 months a Packet Pg. 197 8.2.e RFA Annexation Workflow Edmonds City Council Study Session, June 4, 2024 VOTE; simple Registered majority required for Voters approval of annexation to the RFA RESOLUTION to RESOLUTION to place Edmonds pursue RFA RFA Annexation on City Annexation ballot Council Mayor signs, City • The City and RFA meet to discuss City Clerk submits Fail: Clerk delivers terms and conditions of election related implement City of Council resolution annexation, including revisions to documents to county contingency Edmonds to RFA Governance the RFA Plan and Interlocal elections office plan for Fire Board Agreements necessary to Service effectuate annexation. • Examples of Interlocal Receives Edmonds RESOLUTION to Pass: Council resolution, Agreements that may be amend RFA Plan, and implement initiates annexation necessary: Cost sharing of grant request of city annexation process annexation expenses. Fire Marshal to annex according to RFA services. Assignment of City RFA Plan Governing contracts related to fire and EMS. Board Potential amendments to the RFA Plan: Governance. Jurisdictional boundaries. • SEPA Review Packet Pg. 198 8.2.f RCW 52.26.300 Annexation of fire protection jurisdiction within reasonable proximity to authority. (1) A fire protection jurisdiction that is located within reasonable proximity to the boundary of a regional fire protection service authority is eligible for annexation by the authority. (2) An annexation is initiated by the adoption of a resolution by the governing body of a fire protection jurisdiction requesting the annexation. The resolution requesting annexation must then be filed with the governing board of the authority that is requested to annex the fire protection jurisdiction. (3) Except as otherwise provided in the regional fire protection service authority plan, on receipt of the resolution requesting annexation, the governing board of the authority may adopt a resolution amending its plan to establish terms and conditions of the requested annexation and submit the resolution and plan amendment to the fire protection jurisdiction requesting annexation. An election to authorize the annexation may be held only if the governing body of the fire protection jurisdiction seeking annexation adopts a resolution approving both the annexation and the related plan amendment. (4)(a) An annexation is authorized if the voters in the fire protection jurisdiction proposed to be annexed approve by a simple majority vote a single ballot measure approving the annexation and related plan amendment. (b) An annexation is effective on the date specified in the ballot measure. In the event the ballot measure does not specify an effective date, the effective date is on the subsequent January lst or July lst, whichever occurs first. [2018 c 28 § 7; 2011 c 271 § 2.] Certified on 9/1/2023 RCW 52.26.300 Packet Pg. 199