The URL can be used to link to this page

2024-06-25 Council Packet1 2. of c�,y s Agenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 JUNE 25, 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 S. 6 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. RECEIVED FOR FILING 1. Claim for Damages for filing (0 min) 2. Written Public Comments (0 min) 3. Written Public Comments regarding ADU Code Amendments (0 min) 4. May 2024 Monthly Financial Report (0 min) 5. Option for Contract for Fire/EMS Service with South County Fire Regional Fire Authority (RFA) (0 min) Edmonds City Council Agenda June 25, 2024 Page 1 6. Outside Boards and Committee Reports (0 min) 7. Planning Board Quarterly Update (0 min) 7. APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Special Meeting Minutes June 4, 2024 2. Approval of Council Meeting Minutes June 4, 2024 3. Approval of Council Meeting Minutes June 11, 2024 4. Approval of claim checks and wire payments. 5. Approval of payroll and benefit checks, direct deposit and wire payments. 6. Reappoint David Brewster for Position #3 to the Edmonds Public Facilities District Board EPFD 7. Arlington Airport Use Agreement 8. Council Rules of Procedure Section 1 & 2 Authority and Council Organization 9. Approval of Supplemental Agreement with WSP for construction management services on the 76th Ave Overlay project. 10. Approval of Professional Services Agreement for Perrinville Flow Reduction Study Update 11. Approval of Perrinville Flow Reduction Study Update - Interlocal Agreement (ILA) between the Cities of Edmonds and Lynnwood 12. Resolution Budget Calendar 13. Creative Dist. Gateway Art RFQ 8. COUNCIL BUSINESS 1. Presentation of 7317 Lake Ballinger Way Property Purchase (20 min) 2. Supplemental Agreement with HKA Global, Inc for the Carbon Recovery Project (10 min) 3. Ordinance Amending ECC 8.10 to Include Stoplight Intersection Cameras (20 min) 4. Authorizing Use of Traffic Safety Cameras at Specific Signalized Intersections and Authorizing the Mayor to Sign Contract (20 min) 5. City Attorney Annual Report (25 min) 9. COUNCIL COMMENTS 10. MAYOR'S COMMENTS ADJOURNMENT Edmonds City Council Agenda June 25, 2024 Page 2 6.1 City Council Agenda Item Meeting Date: 06/25/2024 Claim for Damages for filing Staff Lead: NA Department: Administrative Services Preparer: Marissa Cain Background/History N/A Staff Recommendation Acknowledge receipt of Claims for Damages for filing. Narrative Brian Moll N. Meadowdale Rd. ($3,645.85) Attachments: Claim for Damages - Moll - for council Packet Pg. 3 6.1.a CITY OF EDMONDS CLAIM FOR DAMAGES FORM Date Claim Form Received by City Please take note that A-�J MILL , who currently resides at _ CpMONIM. 1JA 59026 _, mailing address Spat- A� AeovC home phone # _ _ work phone # _ - . , and who resided at 54MC A! ASo%,z at the time of the occurrence and whose date of birth is _ , is claiming damages againsti= Ct )Mc-)tghC in the sum of $ 3.%.4 5 . g arising out of the following circumstances listed below. w _ DATE OF OCCURRENCE: .S/�2 /-20 4 TIME:: LOCATION OF OCCURRENCE: _ IJ , MCkthOWTA CE 7Z-6 Q)MquKS . Wit 98024, DESCRIPTION: Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. (attach an extra sheet for additional information, if needed) 2. Provide a list of vritnesses, if applicable, to the occurrence includinq names, addresses, and phone numbers. 'T'A('L- 5eeM C171 or ChMONt-'s ►Pu51`1L' Wor1CS 3 Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. �t. Have you submitted a claim for damages to your insurance company? Yes X. No If so, please provide the name of the insurance company: and the policy #: * < ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY License Plate # Driver License # Type Auto: _ (year) (make) (model) DRIVER: OWNER: Address: Address: Phone#: Phone#: Passengers: Name: Name: _ Address: Address: Forth Revised 04/09/2021 Page 1 of 2 E U Packet Pg. 4 6.1.a This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant.. declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. -A Al *0 C , �� gJu1\JE 20 24 Signature of Claims'r;t Date and place (residential address, city and county) or Signature of Representative Date and place (residential address, city and county) Print Name of Representative Bar Number (if applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 51' Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. E U Fc•rm Revised 04/09/2021 Page 2 of 2 Packet Pg. 5 s.2 City Council Agenda Item Meeting Date: 06/25/2024 Written Public Comments Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History N/A Staff Recommendation Acknowledge receipt of written public comments. Narrative Public comments submitted to the web form for public comments <https://www.edmondswa.gov/publiccomment> between May 28, 2024 and June 17, 2024. Attachments: Public Comment June 25, 2024 Packet Pg. 6 6.2.a Edmonds City Council Public Comments —June 25, 2024 Online Form 2024-05-28 02:05 PM(MST) was submitted by Guest on 5/28/2024 5:05:07 PM (GMT- 07:00) US/Arizona FirstName Pete LastName Anonymous Email CityOfResidence Edmonds AgendaTopic RFA - South County Fire Comments The compensation package provided to employees of South County Fire is unreasonable. Employees, their partners and dependents receive free medical care. They pay no contribution to monthly premiums, no co -pays @ Dr. appointments and receive very generous coverage. Mgt. says they are self funded. This means taxpayers are footing the bill. I believe that the employees should pay a percentage of the healthcare premium costs and pay a co -pay for office visits, like the rest of us. I believe there is no drug testing for employees after their initial hiring. It is imperative that employees are drug tested on a regular basis that occupy these types of positions. The retirement benefits are not sustainable for taxpayers. In addition to the state retirement plan, there are other contributions that South County Fire to an employee's retirement plans. The City of Edmonds needs to look at all options carefully before joining South County fire. In addition, should The City of Edmonds join S.C.F. they should require that S.C.F. do a better job of controlling employee benefit costs and reduce the expense to taxpayers in the various communities. Thank you. Online Form 2024-06-05 08:21 AM(MST) was submitted by Guest on 6/5/2024 11:21:13 AM (GMT- 07:00) US/Arizona FirstName Judith LastName Works Email CityOfResidence EDMONDS AgendaTopic ADU Comments I would like to know if there is any limitation on the use of ADUs for short-term vacation rentals, in other words are many of these newly -allowed units really going to help the housing shortage? Packet Pg. 7 6.3 City Council Agenda Item Meeting Date: 06/25/2024 Written Public Comments regarding ADU Code Amendments Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History Recommendation N/A Narrative Written public comments regarding the proposed ADU Code Amendments, provided to Council via email from Planning Department on June 10, 2024. Attachments: 06062024 Comment 06072024 Comment Packet Pg. 8 6.3.a Haas, Rose From: notification@civiclive.com Sent: Thursday, June 6, 2024 10:35 AM To: Haas, Rose Subject: Comments 2024-06-06 10:34 AM(MST) Submission Notification Follow Up Flag: Follow up Flag Status: Completed Comments 2024-06-06 10:34 AM(MST) was submitted by Guest on 6/6/2024 1:34:57 PM (GMT-07:00) US/Arizona Name Value textarea-1700597715163-0 Need more than 35% lot coverage. To view this form submission online, please follow the link below: https://edmondswa.gov/form/one.aspx?objectld=20315877&contextld=l 9931715&returnto=submissio ns i Packet Pg. 9 6.3.b Haas, Rose From: Jon Milkey <jpmilkey@gmail.com> Sent: Friday, June 7, 2024 12:06 PM To: EveryonesEdmonds Cc: JPM; Planning Subject: Comp Plan Comments Attachments: CompPlan-Comments-Milkey.pdf Comments are included below and attached as a pdf - thanks.! Have a great weekend! General Comments 1. As previously stated, this is an extremely short turnaround time for a document that is going to completely change Edmonds. Appreciate that someone extended the deadline for another week but still inadequate time when reviews compete with work, family... 2. Overall, it appears that this Plan will result in corresponding significant tax increases for implementation. Based on the city's current debt, the likely tax increase for the RFA, possible Landmark purchase, essential infrastructure in support of HB1337 and HB1110, affordable housing and MFTE's, I would anticipate our taxes will increase as fast as permitted by law and even more with required bonds. As you would suspect, ageing in place and buying and renting as a younger family may become even more difficult.. 3. It appears the plan is to get rid of parking, and possibly over fill the streets with lined park cars in an attempt to push people to get rid of their cars —this has not worked in Ballard and Kirkland. Planners should address the inevitable issue of the inherent safety issues associated with parked cars lining the streets and impacts to transportation... 4. The presentations are littered with planning language (human scaled, place centric, place -driven, environmental justice, FAR, public health equity...) that many residents may not understand the initial meaning or the depth of the interpretation of the urban planningjargon. 5. It is imperative that the plan be written in a way so Edmond's residents may understand the direct correlation between what is written in the plan and the resultant, corresponding zoning code changes that will take place. Transparency is essential for public trust. 6. Many of the topics that are addressed are higher level, left for interpretation by varying people with varying responsibilities, not actionable and not measurable. 7. Veterans are a select group of people who should be specifically mentioned. 8. The Plan promotes density over the environment. 9. Do I dare mention that people are the primary reason we have environmental issues — more people = more impact... Land Use Comments m E 0 U It N 0 N r- 0 co 0 _ a� E s �a a Packet Pg. 10 6.3.b 1. After reviewing, it appears that once the high level and extremely flexible Comp Plan is approved, that zoning will soon follow that will essentially allow much more density, lot coverages, building heights and divisions of existing parcels than required of the housing bills. 2. Table 1 Future Land Use Designations — please provide a mapping of what Edmonds' current zoning will be once the plan is approved versus the existing zoning. Will all IRS parcels be Residential 4 except where they become a Center or Hub? 3. As indicated in Goal A, zoning regulations and land use designations will be updated to effectuate changes. Also, the zoning map must be consistent with the comprehensive plan (page 16 of the slides, FLUM). Table 1 — most of the Future Land Use designations do not have specific building heights (stories and heights differ...), setbacks, coverages or parcel sizes. 4. Goal C, establishing a minimum density standard —is this limited to the requirements in HB 1337 and HB 1110 Edmonds wide? 5. Goal C, encourage mixed -use developments —does this only apply to proposed neighborhood centers and hubs or all of Edmonds? 6. Goal C -as indicated on the map, the downtown/waterfront activity center extends north to Caspers St, east to 9t" Ave S and south to what appears to be Pine St and west to the Sound. Are the existing RS-6 parcels to be zoned as downtown mixed use, moderate density residential, mixed -use 3, 4 or 5? The zoning map must be consistent with the comprehensive plan (page 16 of the slides, FLUM) and it appears, as written, the entire bowl area will eventually be built out with 3 — 5 story apartment buildings. 7. Goal E Downtown —code upgrades to encourage re -use —might this include building heights? 8. Goal E Downtown —expanded housing choices —will residences potentially displace business uses? 9. Also appears a greater emphasis on bike lanes than sidewalks. I walk and drive daily (for construction work outside of the Edmonds area) on 9` Ave South and the bike lanes have minimal use but have greatly impacted traffic. They have quite a bit of use on the weekend for people that are exercising— maybe the new name should be recreational lanes because they are not being used for micro transit. If you are spending lots of money on recreational lanes for a very limited amount of E E people, money may be better used building more sidewalks. :0� w C Housing Comments E s 1. Green building is being separately addressed from HB 1110 and 1337 yet this will have a greater impact due to lot coverages, setbacks and building heights. It appears that lot coverages, setbacks a and building heights may be manipulated at any time without concern to the environment, quality of life or neighborhood impact. 2. Does the city, county, and state have access to adequate funding to provide safe, affordable and dignified housing regardless of income. I am also working toward this goal but Edmonds cannot do this alone and this challenge is extremely expensive... Packet Pg. 11 6.3.b 3. Again, taxes will be extremely impacted with decreased impact fees, MHA Program, rental assistance, MFTE... 4. What is transit oriented housing —what does it look like? Will the housing displaced potential businesses adjacent to the ferry or trains? 5. What is a shared parking system? 6. Again, plan appears to have the ability to change lot coverages, building heights and setbacks in the residential areas 7. It appears the plan is to get rid of parking, and possibly over fill the streets with lined park cars in an attempt to push people to get rid of their cars —this has not worked in Ballard and Kirkland. Planners should address the inevitable issue of the inherent safety issues associated with parked cars lining the streets and impacts to transportation... 8. Mandate to reserve 25% of all units in a project for MFTE tenants —this may have a negative impact on building due to cost.. Packet Pg. 12 6.4 City Council Agenda Item Meeting Date: 06/25/2024 May 2024 Monthly Financial Report Staff Lead: Kim Dunscombe Department: Administrative Services Preparer: Sarah Mager Background/History N/A Staff Recommendation Received for Filing Narrative May 2024 Monthly Financial Report Attachments: May 2024 Monthly Financial Report Packet Pg. 13 I 6.4.a I U~ O-V EDP � d 1)7 c 1 g0v CITY OF EDMONDS MONTHLY BUDGETARY FINANCIAL REPORT MAY 2024 Packet Pg. 14 1 I 6.4.a I MONTHLY HIGHLIGHTS GENERAL FUND HIGHLIGHTS • Real Personal/Property Tax and EMS Levy is up $304,435 from this point last year. Despite this current good news, our forecast for property tax will likely finish under budget by $(130,000). • Sales tax is up $152,719 from this point last year, yet it falls short of the cumulative budget by $(61,012). Our forecast indicates this revenue source to be close to or slightly under budget. • Utility taxes are categorized under "Other Taxes" in the chart below, exhibit divergent trends, with some surpassing the cumulative budget while others lag behind. Notably, gas tax from Puget Sound Energy is down by $(121,683) falling short of their perspective cumulative budget. • Development services revenues overall are up a total of $337,330 from this point last year. The increase is notably due to the city receiving permit revenue for development of the Edmonds Green Apartments. • Interest charged to the General Fund for negative cash balance in 2024 equals $33,452 to date. • There is a noticeable uptick in salaries and benefits for May. This increase is attributed to retroactive payments and salary adjustments resulting from a new collective bargaining agreement for the same bargaining unit. General Fund Tax Revenue (2024 YTD) 14,000, 000 12,000,000 10,000,000 8,000,000 X 6,000,000 a 4,000,000 — 2,000,000 ■ Sales Tax Property Tax EMS Tax Other Taxes Actual 4,760,027 6,047,399 2,312,579 3,827,524 0 Budget 12,300,000 11,327,000 4,578,000 9,229,949 STREET FUND HIGHLIGHTS • Interest charged to the Street Fund for negative cash balance in 2024 equals $10,583 to date. REET FUND HIGHLIGHTS • REET revenues are 16.75% or $176,414 higher than last year. Projections indicate REET revenues are on track to meet the budget target of $3.0 million. CAPITAL FUND 332 HIGHLIGHTS • The negative fund balance in Fund 332 — Capital Construction is a result of the Mee property purchase and the timing of grant receipt. A reimbursement of $697,000 is expected by early July. 0 a m �a c ca c ii 21 s w 0 2 v N O N R 2 0 CL a� c �a c ii 21 t c 0 2 N O N �a c m E s c� Q 1 Packet Pg. 15 6Aa City of Edmonds All Funds Financial Summary As of May 31, 2024 Beginning Fund Revenues / Expenditures / Revenues less Ending Fund Fund Balance Sources Uses Expenditures Balance Cash Balance Governmental 001 General Fund 2,492,460 23,185,051 20,179,522 3,005,529 5,497,989 2,570,510 009 LEOFF Medical Insurance Reserve 139,774 - 145,296 (145,296) (5,522) 3,457 012 Contingency Reserve 2,228,672 - - - 2,228,672 2,228,672 014 Historic Sub -Fund 8,944 - 4,385 (4,385) 4,559 4,559 016 Building Maintenance 3,756,168 46,889 659,169 (612,280) 3,143,887 3,197,959 017 Marsh Restoration 853,595 300 - 300 853,895 853,895 018 Homeless Response 200,000 - - 200,000 200,000 019 Opioid Response 74,119 143,391 143,391 217,510 217,510 _ Total General Funds 9,753,732 23,375,630 20,988,372 2,387,258 12,140,990 9,276,561 0 O Special Revenue Funds y 104 Drug Enforcement 40,843 1,281 - 1,281 42,123 41,598 IX 111 Street 4,701 634,866 1,082,772 (447,906) (443,206) (566,345) 5 112 Street Construction 2,734,808 2,083,984 1,403,733 680,250 3,415,059 1,996,159 ca 117 Municipal Arts 657,265 32,725 8,945 23,780 681,046 672,561 = 120 Hotel / Motel 151,247 45,873 37,431 8,442 159,689 141,825 LL 121 Employee Parking 83,814 13,805 - 13,805 97,619 96,542 w 122 Youth Scholarship 17,868 559 150 409 18,277 18,047 cc 123 Tourism Promotion 138,157 18,102 7,330 10,772 148,929 141,962 125 REET2 1,992,459 682,389 317,216 365,173 2,357,632 2,381,531 N 126 R E ET 1 3,957,800 743,113 259,154 483,959 4,441,759 4,388,699 N 127 Gifts Catalog 3,140,448 260,031 163,898 96,133 3,236,581 3,196,005 130 Cemetery Maintenance 196,245 62,427 98,815 (36,388) 159,857 157,185 137 Cemetery Trust 1,212,121 44,387 - 44,387 1,256,508 1,240,928 138 Sister City 18,681 3,000 80 2,920 21,601 21,357 Q 140 Business Improvement 37,682 49,340 26,688 22,653 60,335 60,335 0 141 Affordable Housing 309,127 19,441 - 19,441 328,567 320,171 142 Edmonds Rescue 36,932 4,799,848 4,797,765 2,083 39,016 2,104,916 143 Tree Fund 222,354 11,018 200,102 (189,084) 33,270 30,091 Capital Projects 139,615 60,028 701,377 (641,349) (501,734) (512,180) jy Debt Service - 27,708 - 27,708 27,708 27,358 >+ Enterprise Funds C 411 Combined Utility Operation - 64,965 - 64,965 64,965 124,411 O 421 Water UtiIity 9,601,886 4,724,677 2,976,799 1,747,877 11,349,764 11,336,584 422 Storm Water Utility 6,983,494 3,307,189 1,914,703 1,392,486 8,375,979 7,936,049 c 423 Sewer/ Wastewater Treatment Plar 14,903,525 8,159,590 6,133,745 2,025,845 16,929,370 16,620,927 N 424 Bond Reserve Fund 843,961 11,824 - 11,824 855,784 855,784 Internal Service Funds 511 Equipment Rental 10,923,491 1,157,763 1,134,880 22,883 10,946,374 5,213,594 d 512 Technology Rental 847,906 907,835 845,248 62,587 910,493 490,184 t All Funds 68,950,161 51,303,397 43,099,204 8,204,193 77,154,354 67,812,840 v ca Q 2 Packet Pg. 16 I 6.4.a I GENERAL FUND SUMMARY City of Edmonds, WA Monthly Revenue Summary -General Fund 2024 General Fund Cumulative Monthly Budget Forecast Budget Forecast Monthly Actuals YTD Actuals Variance % January $ 2,698,070 $ 2,698,070 $ 2,532,339 $ 2,532,339 -6.14% February 5,386,652 2,688,582 3,801,618 6,333,957 17.59% March 8,194,953 2,808,300 4,006,316 10,340,274 26.18% April 12,809,847 4,614,894 8,886,692 19,226,965 50.10% May 21,776,323 8,966,476 3,958,085 23,185,051 6.47% June 24,453,075 2,676,752 July 27,423,536 2,970,461 August 30,755,807 3,332,272 September 33,530,489 2,774,682 October 39,070,656 5,540,167 November 47,885,067 8,814,411 December 51,056,792 3,171,725 City of Edmonds, WA Monthly Expenditure Summary -General Fund 2024 General Fund Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 4,809,938 $ 4,809,938 $ 4,652,570 $ 4,652,570 -3.27% February 8,929,454 4,119,516 3,706,872 8,359,442 -6.38% March 12,949,647 4,020,193 3,718,847 12,078,289 -6.73% April 16,605,531 3,655,883 3,782,082 15,860,371 -4.49% May 20,680,817 4,075,286 4,319,151 20,179,522 -2.42% June 25,263,927 4,583,110 July 29,265,836 4,001,909 August 33,410,940 4,145,104 September 37,568,223 4,157,283 October 41,684,206 4,115,983 November 46,834,850 5,150,644 December 51,892,793 5,057,943 *The monthly budget forecast columns are based on a five-year average. 3 Packet Pg. 17 MAJOR GENERAL FUND REVENUE SUMMARY I 6.4.a I City of Edmonds, WA Monthly Revenue Summary -Real Personal/Property Tax 2024 Real Personal/Property Tax Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 28,172 $ 28,172 $ 15,003 $ 15,003 -46.75% February 156,833 128,661 265,415 280,418 78.80% March 877,571 720,738 546,457 826,875 -5.78% April 5,200,702 4,323,131 4,451,219 5,278,095 1.49% May 6,113,323 912,621 769,305 6,047,399 -1.08% June 6,167,757 54,434 July 6,192,819 25,062 August 6,247,276 54,457 September 6,423,953 176,676 October 10,550,884 4,126,931 November 11,287,789 736,905 December 11,327,000 39,211 Sales and Use Tax Real Personal/Property Tax 12,000,000 11,000,000 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget Prior Year City of Edmonds, WA Monthly Revenue Summary -Sales Tax 2024 Cumulative Monthly Budget Forecast Budget Forecast Monthly Actuals YTD Actuals Variance % January $ 956,967 $ 956,967 $ 975,066 $ 975,066 1.89% February 2,084,047 1,127,080 1,059,532 2,034,598 -2.37% March 2,987,849 903,802 870,730 2,905,328 -2.76% April 3,814,928 827,079 870,807 3,776,135 -1.02% May 4,821,039 1,006,111 983,892 4,760,027 -1.27% June 5,796,759 975,721 July 6,836,449 1,039,690 August 7,953,072 1,116,623 September 8,995,564 1,042,491 October 10,116,626 1,121,062 November 11,238,239 1,121,613 December 12,300,000 1,061,761 *The monthly budget forecast columns are based on a five-year average. 4 Packet Pg. 18 MAJOR GENERAL FUND REVENUE SUMMARY I 6.4.a I City of Edmonds, WA Monthly Revenue Summary -Water Utility Tax 2024 Water Utility Tax Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 90,844 $ 90,844 $ 92,691 92,691 2.03% February 154,355 63,511 62,177 154,868 0.33% March 244,152 89,797 90,963 245,831 0.69% April 304,356 60,204 62,146 307,977 1.19% May 393,634 89,278 90,718 398,695 1.29% June 463,947 70,313 July 573,149 109,202 August 666,476 93,327 September 791,033 124,557 October 881,630 90,597 November 983,292 101,662 December 1,047,289 63,997 Water Utility Tax 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _Current Year -Budget Prior Year City of Edmonds, WA Monthly Revenue Summary -Sewer Utility Tax 2024 Sewer Utility Tax Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 101,297 $ 101,297 $ 101,472 $ 101,472 0.17% February 185,730 84,433 84,516 185,988 0.14% March 286,530 100,799 101,250 287,238 0.25% April 371,027 84,497 85,581 372,818 0.48% May 472,427 101,400 101,036 473,855 0.30% June 557,139 84,712 July 659,773 102,634 August 744,838 85,065 September 850,226 105,388 October 936,127 85,902 November 1,039,506 103,379 December 1,123,814 84,308 Sewer Utility Tax 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _Current Year -Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 5 Packet Pg. 19 I 6.4.a I MAJOR GENERAL FUND REVENUE SUMMARY City of Edmonds, WA Monthly Revenue Summary -General Fund Charges forServices 2024 General Fund - Charges for Services Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 402,596 $ 402,596 $ 297,980 $ 297,980 -25.99% February 931,328 528,732 702,035 1,000,015 7.38% March 1,317,506 386,178 1,404,775 2,404,790 82.53% April 2,112,130 794,625 573,921 2,978,711 41.03% May 3,082,898 970,768 477,751 3,456,462 12.12% June 3,676,991 594,093 July 4,250,819 573,828 August 5,299,286 1,048,468 September 5,958,021 658,735 October 6,576,651 618,629 November 7,241,120 664,469 December 8,120,826 879,706 *The monthly budget forecast columns are based on a five-year average. 6 Packet Pg. 20 GENERAL FUND DEPARTMENT EXPENSE SUMMARY I 6.4.a I C ITY O F FDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY Title CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT ADMINISTRATIVE SERVICES CITY ATTORNEY NON -DEPARTMENTAL POLICE SERVICES SATELLITE OFFICE COMMUNITY SERVICESIECONOMIC DEV. PLANNING& DEVELOPMENT failul:�►i.�il W31 PARKS& RECREATION PUBLIC WORKS FACILITIES MAINTENANCE 2024 Adopted 5/31/2023 5/31/2024 Amount Budget Expenditures Expenditures Remaining %Spent $ 479,286 $ 180,396 $ 223,258 $ 256,028 47% 490,875 164,114 177,167 313,708 36% 1,222,438 367,942 526,711 695,727 43% 1,811,176 611,186 703,414 1,107,762 39% Q d w 2,825,453 1,156,484 1,286,415 1,539,038 46% 1,161,780 347,909 427,366 734,414 37% 6,857,495 7,245,913 2,141,916 4,715,579 31% IL 17,478,540 5,521,298 7,219,290 10,259,250 41% 2' t 172,105 49,688 61,951 110,154 36% G 1,162,045 470,437 431,310 730,735 37% 2 qq 4,251,605 1,622,646 1,553,246 2,698,359 37% o N 320,940 102,311 107,708 213,232 34% 6,520,597 2,229,794 2,396,886 4,123,711 37% 4,500,279 1,623,373 1,730,864 2,769,415 38% 0 O Q 2,638,179 1,803,967 1,192,021 1,446,158 45% $ 51,892,793 $ 23,497,459 $ 20,179,522 $ 31,713,271 39% io C �0 C LL A t r C O 2 le N O N M 2 r.+ C d L V lC r.+ a Packet Pg. 21 GENERAL FUND DEPARTMENT EXPENSE SUMMARY I 6.4.a I City of Edmonds, WA Monthly Expenditure Summary -City Council 2024 City Council Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 34,240 $ 34,240 $ February 71,153 36,913 March 112,189 41,036 April 150,403 38,214 May 193,081 42,678 June 234,428 41,347 July 275,019 40,591 August 316,493 41,474 September 357,868 41,375 October 394,551 36,684 November 435,285 40,734 December 479,286 44,001 40,574 $ 40,574 18.50% 54,006 94,579 32.92% 35,007 129,587 15.51 % 35,974 165,561 10.08% 57,697 223,258 15.63% City of Edmonds, WA Monthly Expenditure Summary -Office of Mayor 2024 Office of Mayor Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 40,561 $ 40,561 $ February 82,159 41,598 March 124,596 42,436 April 165,441 40,846 May 205,791 40,350 June 245,843 40,052 July 287,251 41,408 August 327,468 40,217 September 367,326 39,858 October 406,988 39,662 November 449,726 42,738 December 490,875 41,149 33,901 $ 33,901-16.42% 35,511 69,412-15.52% 36,798 106,210-14.76% 36,154 142,364-13.95% 34,804 177,167-13.91% Office of Mayor 500,000 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget -Prior Year *The monthly budget forecast columns are based on a five-year average. N Packet Pg. 22 1 I 6.4.a I GENERAL FUND DEPARTMENT EXPENSE SUMMARY City of Edmonds, WA Monthly Expenditure Summary -Human Resources 2024 Human Resources Cumulative Budget Forecast Monthly Budget Forecast Monthly Actuals YTD Actuals Variance % January $ 110,919 $ 110,919 $ 129,960 $ 129,960 17.17% February 206,083 95,165 103,533 233,493 13.30% March 293,020 86,937 100,807 334,300 14.09% April 385,026 92,006 98,181 432,481 12.33% May 477,507 92,481 94,231 526,711 10.30% June 609,764 132,257 July 691,435 81,671 August 781,445 90,009 September 882,461 101,016 October 976,331 93,870 November 1,084,356 108,025 December 1,222,438 138,082 City of Edmonds, WA Monthly Expenditure Summary -Municipal Court 2024 Municipal Court Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 133,120 $ 133,120 $ 136,698 $ 136,698 2.69% February 268,761 135,641 143,646 280,344 4.31% March 408,462 139,701 138,149 418,493 2.46% April 549,323 140,861 140,705 559,198 1.80% May 702,755 153,432 144,216 703,414 0.09% June 841,629 138,874 July 987,720 146,091 August 1,144,145 156,425 September 1,291,990 147,845 October 1,441,979 149,989 November 1,629,476 187,497 December 1,811,176 181,700 *The monthly budget forecast columns are based on a five-year average. 9 Packet Pg. 23 GENERAL FUND DEPARTMENT EXPENSE SUMMARY I 6.4.a I City of Edmonds, WA Monthly Expenditure Summary -Community Services/Economic Development 2024 Community Services/Economic Development Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 70,938 $ 70,938 $ 84,711 $ 84,711 19.42% February 150,629 79,691 85,764 170,475 13.18% March 228,686 78,058 85,735 256,210 12.04% April 308,932 80,246 91,280 347,490 12.48% May 391,061 82,128 83,820 431,310 10.29% June 480,392 89,331 July 570,789 90,397 August 679,369 108,580 September 777,142 97,773 October 877,976 100,834 November 1,007,121 129,145 December 1,162,045 154,924 Community Services/Economic Development 1,400,000 1,300,000 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _ Current Year -Budget - Prior Year City of Edmonds, WA Monthly Expenditure Summary -Administrative Services 2024 Administrative Services Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 288,918 $ 288,918 $ 274,596 $ 274,596 -4.96% February 523,687 234,769 208,739 483,335 -7.71% March 733,695 210,008 217,967 701,302 -4.42% April 944,992 211,297 212,849 914,151 -3.26% May 1,157,177 212,186 372,263 1,286,415 11.17% June 1,442,022 284,845 July 1,684,828 242,805 August 1,896,259 211,431 September 2,116,379 220,121 October 2,344,386 228,007 November 2,598,917 254,531 December 2,825,453 226,536 Administrative Services !,800,000 1,800,000 1600,000 1:400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 10 Packet Pg. 24 I 6.4.a I GENERAL FUND DEPARTMENT EXPENSE SUMMARY City of Edmonds, WA Monthly Expenditure Summary -City Attorney 2024 City Attorney Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 96,815 $ 96,815 $ February 193,630 96,815 March 290,445 96,815 April 387,260 96,815 May 484,075 96,815 June 580,890 96,815 July 677,705 96,815 August 774,520 96,815 September 871,335 96,815 October 968,150 96,815 November 1,064,965 96,815 December 1,161,780 96,815 Police - $ - 0.00% 127,250 127,250-34.28% 93,007 220,257-24.17% 108,383 328,640-15.14% 98,726 427,366-11.71% City Attorney 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 AK JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -C=mtYear -Budget Prior Year City of Edmonds, WA Monthly Expenditure Summary -Police 2024 Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 1,325,644 $ 1,325,644 $ 1,320,779 $ 1,320,779 -0.37% February 2,644,333 1,318,689 1,322,826 2,643,606 -0.03% March 4,027,557 1,383,224 1,252,027 3,895,633 -3.28% April 5,378,981 1,351,424 1,459,657 5,355,290 -0.44% May 6,782,808 1,403,826 1,864,000 7,219,290 6.44% June 8,239,937 1,457,130 July 9,689,531 1,449,593 August 11,039,396 1,349,866 September 12,478,176 1,438,780 October 13,942,747 1,464,571 November 15,677,275 1,734,528 December 17,478,540 1,801,265 Police 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year -Budget -Prior Year *The monthly budget forecast columns are based on a five-year average. 11 Packet Pg. 25 1 GENERAL FUND DEPARTMENT EXPENSE SUMMARY I 6.4.a I City of Edmonds, WA Monthly Expenditure Summary -Planning & Development 2024 Planning & Development Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 328,959 $ 328,959 $ 269,177 $ 269,177 -18.17% February 671,531 342,572 267,692 536,869 -20.05% March 999,838 328,306 393,779 930,649 -6.92% April 1,348,844 349,006 303,822 1,234,470 -8.48% May 1,692,557 343,714 318,775 1,553,246 -8.23% June 2,024,917 332,360 July 2,387,504 362,587 August 2,727,099 339,594 September 3,071,846 344,748 October 3,418,696 346,849 November 3,799,763 381,067 December 4,251,605 451,842 Parks & Recreation Planning & Development 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget Prior Year City of Edmonds, WA Monthly Expenditure Summary -Parks & Recreation 2024 Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 498,850 $ 498,850 $ 453,277 $ 453,277 -9.14% February 986,757 487,907 470,870 924,147 -6.35% March 1,483,576 496,818 491,227 1,415,374 -4.60% April 1,955,557 471,981 483,624 1,898,998 -2.89% May 2,461,256 505,698 497,889 2,396,886 -2.62% June 2,984,923 523,667 July 3,580,661 595,738 August 4,186,784 606,123 September 4,840,484 653,700 October 5,394,700 554,215 November 5,962,605 567,905 December 6,520,597 557,992 Parks & Recreation 1,500,000 1 ;oar 1,000,000 500 000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget �Prlor Year *The monthly budget forecast columns are based on a five-year average. 12 Packet Pg. 26 I 6.4.a I GENERAL FUND DEPARTMENT EXPENSE SUMMARY City of Edmonds, WA Monthly Expenditure Summary -Facilities Maintenance 2024 Facilities Maintenance Cumulative Budget Forecast Monthly Budget Forecast Monthly Actuals YTD Actuals Variance % January $ 156,775 $ 156,775 $ 280,811 $ 280,811 79.12% February 389,674 232,899 265,070 545,881 40.09% March 593,572 203,898 223,593 769,473 29.63% April 769,278 175,706 218,971 988,445 28.49% May 948,275 178,997 203,576 1,192,021 25.70% June 1,082,249 133,974 July 1,241,211 158,962 August 1,449,110 207,898 September 1,701,700 252,590 October 1,994,272 292,572 November 2,251,849 257,577 December 2,638,179 386,330 City of Edmonds, WA Monthly Expenditure Summary -Engineering 2024 Engineering Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 301,531 $ 301,531 $ 283,081 $ 283,081 -6.12% February 604,565 303,034 286,618 569,699 -5.77% March 913,824 309,259 255,452 825,151 -9.70% April 1,223,821 309,997 270,205 1,095,355 -10.50% May 1,553,842 330,021 260,871 1,356,226 -12.72% June 1,868,266 314,424 July 2,185,239 316,973 August 2,491,236 305,997 September 2,797,476 306,240 October 3,102,475 304,999 November 3,439,952 337,477 December 3,777,853 337,901 Engineering 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -Current Year -Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 13 Packet Pg. 27 GENERAL FUND DEPARTMENT EXPENSE SUMMARY I 6Aa I City of Edmonds, WA Monthly Expenditure Summary -Non -Departmental 2024 Non -Departmental Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 926,027 $ 926,027 $ 1,244,387 $ 1,244,387 -3.27% February 1,489,596 563,569 221,547 1,465,934 -6.38% March 2,012,000 522,404 285,014 1,750,948 -6.73% April 2,395,260 383,260 211,983 1,962,932 -4.49% May 2,923,480 528,220 178,984 2,141,916 -2.42% June 3,677,256 753,776 July 4,126,291 449,035 August 4,662,507 536,216 September 5,123,698 461,191 October 5,544,111 420,414 November 6,294,725 750,614 December 6,857,495 562,770 Non -Departmental 20,000,000 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -CurrentYear -Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 14 Packet Pg. 28 FUND SUMMARIES I 6.4.a I City of Edmonds, WA Monthly Expenditure Summary -Fund 016 - Building Maintenance Fund 2024 Fund 016 - Building Maintenance Fund Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 93,773 $ 93,773 $ February 187,546 93,773 March 281,318 93,773 April 375,091 93,773 May 468,864 93,773 June 562,637 93,773 July 656,410 93,773 August 750,182 93,773 September 843,955 93,773 October 937,728 93,773 November 1,031,501 93,773 December 1,125,275 93,773 138,032 $ 138,032 47.20% 481,478 619,510 230.33% 9,472 628,982 123.58% 2,113 631,095 68.25% 28,074 659,169 40.59% Fund 016 -Building Maintenance Fund 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget -Prior Year *The monthly budget forecast columns are based on a five-year average. 15 Packet Pg. 29 FUND SUMMARIES ■ 6.4.a City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 1 & 2 2024 Real Estate Excise Tax 1 & 2 Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 225,388 $ 225,388 $ 158,734 $ 158,734 -29.57% February 376,297 150,909 141,173 299,908 -20.30% March 569,768 193,471 237,275 537,183 -5.72% April 775,427 205,659 354,193 891,375 14.95% May 1,036,020 260,593 338,546 1,229,921 18.72% June 1,293,139 257,119 July 1,573,012 279,874 August 1,849,679 276,667 September 2,151,102 301,423 October 2,420,735 269,633 November 2,687,175 266,440 December 3,000,000 312,825 Real Estate Excise Tax 1 & 2 2,700,000 2,100,000 1,800,000 / 1,500,000 1,200,000 900,000 600,000 300,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _Current Year -Budget -Prior Year City of Edmonds, WA Monthly Expenditure Summary -Fund 512 - Technology Rental Fund 2024 Fund 512 - Technology Rental Fund Expenses Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 278,067 $ 278,067 $ 450,425 $ 450,425 61.98% February 459,653 181,586 88,246 538,670 17.19% March 687,018 227,364 99,476 638,146 -7.11% April 781,894 94,876 88,852 726,999 -7.02% May 882,974 101,080 118,249 845,248 -4.27% June 1,005,318 122,345 July 1,131,059 125,740 August 1,299,834 168,775 September 1,465,789 165,955 October 1,643,179 177,391 November 1,772,621 129,442 December 2,011,076 238,455 Fund 512 -Technology Rental l'lu1d Expenses 2,200,000 2,000,000 11800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget �Prior Year *The monthly budget forecast columns are based on a five-year average. 16 Packet Pg. 30 I 6.4.a I FUND 421 - WATER UTILITY FUND SUMMARY City of Edmonds, WA Monthly Revenue Summary -Fund 421- Water Utility Fund 2024 Fund 421 - Water Utility Fund Revenues Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 980,443 $ 980,443 $ 1,090,370 $ 1,090,370 11.21% February 1,712,436 731,993 711,773 1,802,143 5.24% March 2,701,940 989,503 1,075,486 2,877,629 6.50% April 3,356,766 654,827 785,359 3,662,988 9.12% May 4,316,356 959,590 1,061,688 4,724,677 9.46% June 5,115,288 798,932 July 6,310,311 1,195,023 August 7,304,483 994,172 September 8,635,357 1,330,874 October 9,613,693 978,336 November 11,500,392 1,886,699 December 12,314,744 814,352 City of Edmonds, WA Monthly Expenditure Summary -Fund 421- Water Utility Fund 2024 Fund 421 - Water Utility Fund Ripenses Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 641,026 $ 641,026 $ 503,314 $ 503,314 -21.48% February 1,300,480 659,453 589,193 1,092,506 -15.99% March 2,051,423 750,943 586,629 1,679,136 -18.15% April 2,887,784 836,362 705,351 2,384,486 -17.43% May 3,786,010 898,226 592,313 2,976,799 -21.37% June 5,237,771 1,451,761 July 6,385,874 1,148,103 August 7,778,196 1,392,322 September 8,859,399 1,081,203 October 9,774,932 915,533 November 11,599,342 1,824,410 December 13,837,584 2,238,242 *The monthly budget forecast columns are based on a five-year average. 17 Packet Pg. 31 FUND 422 - STORM UTILITY FUND SUMMARY I 6.4.a I City of Edmonds, WA Monthly Revenue Summary -Fund 422 - Storm Utility Fund 2024 Fund 422 - Storm Utility Fund Revenues Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 663,684 $ 663,684 $ 542,348 $ 542,348 -18.28% February 2,084,443 1,420,759 1,169,775 1,712,123 -17.86% March 2,727,930 643,488 544,143 2,256,265 -17.29% April 3,254,732 526,802 499,506 2,755,771 -15.33% May 3,846,640 591,908 551,418 3,307,189 -14.02% June 4,357,699 511,059 July 4,935,913 578,214 August 6,218,378 1,282,465 September 6,807,203 588,825 October 7,354,010 546,807 November 8,398,392 1,044,382 December 8,971,716 573,324 Fund 422 - Storm Utility Fund Revenues 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget -Prior Year City of Edmonds, WA Monthly Expenditure Summary -Fund 422 - Storm Utility Fund 2024 Fund 422 - Storm Utility Fund Expenses Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 717,368 $ 717,368 $ 397,818 $ 397,818 -44.54% February 2,253,049 1,535,682 457,806 855,625 -62.02% March 2,948,588 695,538 332,627 1,188,252 -59.70% April 3,518,002 569,414 372,195 1,560,446 -55.64% May 4,157,788 639,786 354,257 1,914,703 -53.95% June 4,710,186 552,398 July 5,335,170 624,985 August 6,721,372 1,386,201 September 7,357,826 636,454 October 7,948,863 591,037 November 9,077,723 1,128,861 December 9,697,422 619,699 Fund 422 - Storm Utility Fund Expenses 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget —Prior Year *The monthly budget forecast columns are based on a five-year average. 18 Packet Pg. 32 FUND 423 - SEWER UTILITY FUND SUMMARY I 6.4.a I City of Edmonds, WA Monthly Revenue Summary -Fund 423 - Sewer Utility Fund 2024 Fund 423 - Sewer Utility FWnd Revenues Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 1,687,922 $ 1,687,922 $ 1,476,339 $ 1,476,339 -12.54% February 3,157,126 1,469,204 1,418,266 2,894,605 -8.32% March 4,456,021 1,298,895 1,449,133 4,343,737 -2.52% April 5,760,746 1,304,725 2,353,378 6,697,115 16.25% May 7,543,920 1,783,174 1,462,475 8,159,590 8.16% June 8,534,081 990,162 July 10,048,029 1,513,948 August 11,755,236 1,707,207 September 13,439,062 1,683,826 October 14,631,473 1,192,411 November 18,018,844 3,387,371 December 20,019,768 2,000,924 City of Edmonds, WA Monthly Expenditure Summary -Fund 423 - Sewer Utility Fund 2024 Fund 423 - Sewer Utility ]Fund Expenses Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 1,035,408 $ 1,035,408 $ 1,373,009 $ 1,373,009 32.61% February 2,009,872 974,464 1,032,356 2,405,366 19.68% March 3,218,482 1,208,610 1,115,359 3,520,725 9.39% April 4,925,786 1,707,303 1,702,160 5,222,885 6.03% May 6,562,115 1,636,329 910,860 6,133,745 -6.53% June 8,402,137 1,840,022 July 10,222,675 1,820,538 August 11,835,035 1,612,360 September 14,187,219 2,352,184 October 15,857,930 1,670,711 November 17,953,941 2,096,010 December 23,397,507 5,443,566 Ind 423 - Sewer Utility Fund Expenses 24,000,000 22,000,000 20,000,000 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _Current Year -Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 19 Packet Pg. 33 UTILITY EXPENSE SUMMARY CITY OF EDMO NDS EXPENDITURES - UTILITY- BY FUND IN SUMMARY 2024 Adopted 5/31/2023 5/31/2024 Amount Title Budget Expenditures Expenditures Remaining % Spent WATER UTILITY FUND $ 13,837,584 $ 2,988,333 $ 2,976,799 $ 10,860,785 STORM UTILITY FUND 9,697,422 2,044,743 1,914,703 7,782,719 SEWER/WWTP UTILITY FUND 23,397,507 5,979,189 6,133,745 17,263,762 BOND RESERVE FUND 1,988,830 - - 1,988,830 $ 48,921,343 $ 11,012,265 $ 11,025,248 $ 37,896,095 23% 20 Packet Pg. 34 I 6.4.a I INVESTMENT PORTFOLIO SUMMARY City of Edmonds Investment Portfolio Detail As of May 31, 2024 Years Agency/ Investment Purchase to Par Market Maturity Coupon Issuer Type Price Maturity Value Value Date Rate FM FNMA FFCB FHLB Spokane County WA First Financial - Waterfront Center FHLMC Farmer Mac FHLB US Treasury Note FFCB Farmer Mac FHLMC Farmer Mac First Financial - ECA Bonds 996,082 0.05 1,000,000 998,538 06/17/24 2.80% Bonds 992,693 0.09 1,000,000 996,760 07/02/24 1.75% Bonds 1,960,906 0.29 2,000,000 1,988,365 09/13/24 3.50% Bonds 950,774 0.47 1,000,000 979,548 11/18/24 0.90% Bonds 207,260 0.50 200,000 196,770 12/01/24 2.10% CD 245,000 0.58 245,000 245,000 12/27/24 2.47% Bonds 974,798 0.78 1,000,000 988,057 03/13/25 3.75% Bonds 1,995,088 0.88 2,000,000 1,982,999 04/17/25 4.25% Bonds 969,524 1.16 1,000,000 984,001 07/28/25 3.60% Note 964,597 1.21 1,000,000 976,445 08/15/25 3.13% Bonds 1,982,692 1.52 2,000,000 1,970,887 12/08/25 4.13% Bonds 1,994,172 1.68 2,000,000 1,963,550 02/02/26 3.95% Bonds 993,661 2.14 1,115,000 1,021,672 07/22/26 0.83% Bonds 2,057,309 2.47 2,305,000 2,108,054 11/17/26 1.15% CD 2,803,516 3.46 2,803,516 2,803,516 11/15/27 2.96% TOTAL SECURITIES 20,088,073 1.15 20,668,516 20,204,162 Washington State Local Gov't Investment Pool TOTAL PORTFOLIO Issuer Diversification First Spokane Financial Farmer CD, 15% County WA, 1% Mac, 31% FFCB, 19% FHLMC, FHLB, 10% 100/ / 41,251,431 41,251,431 Demand 5.40% $ 61,919,948 $ 61,455,594 Cash and Investment Balances (in $ Millions) Note, Bonds, Checking, $1.00, 1% $16.62, $44 1 24% CD's, $3.05 State LGIP, 4% $41.25 , 58% 21 Packet Pg. 35 1 6 INVESTMENT PORTFOLIO SUMMARY Annual Interest Income .,L,000,000 $1 683 872 $1,500, 000 $1 236 875 $1,091,709 $1,071,873 ;1,000,000 947 931 $950,684 $500,000 — $ --I 2019 2020 2021 2022 2023 YTD 2024 22 Packet Pg. 36 6.5 City Council Agenda Item Meeting Date: 06/25/2024 Option for Contract for Fire/EMS Service with South County Fire Regional Fire Authority (RFA) Staff Lead: Council President Olson 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. In 2022, Amendment 1 to the Revised ILA between the City of Edmonds and South County Fire was signed. This increased staffing to address the Neighboring Unit Utilization Factor and Transport Balance Factors were out of balance. This increased staffing resulted in a higher contract rates, and contract payment adjustments were applied retroactive to the implementation date. In July, 2023 Council approved a budget amendment for $1.5 million, anticipating contract adjustment costs that included adjusted labor rates once a collective bargaining agreement was executed by the RFA and IAFF Local 1828. September 2023, Council passed Resolution 1531, requesting information about annexation into the South Snohomish County Regional Fire Authority. This resolution did not meet the legal requirements to initiate RFA action for the annexation process. November 2023, Council contracted the services of Fitch and Associates to study the feasibility of fire and emergency service alternatives. December 20, 2023, South County Fire notified the City of Edmonds via two letters dated December 19, 2023, emailed to Mayor Nelson and councilmembers, of its intention to terminate the interlocal agreement for fire and emergency medical services as of December 31, 2025. (email and letters attached) 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 28, 2024 - Council adopted Resolution 1547, stating their preferred alternative for fire and Packet Pg. 37 6.5 emergency medical services was joining the RFA via annexation, and authorizing the mayor to pursue next steps regarding this alternative. June 3, 2024 - Revised Final Fitch Report received. June 11, 2024 - Council passed Resolution 1549, expressing the intent to purse the benefits of receiving fire and emergency medical services from the South Snohomish County Regional Fire Authority via annexation. June 18, 2024 - Mayor Rosen received a letter from the South County Fire Board of Commissioners in response to questions posed to Fire Chief Bob Eastman regarding contract options. (attached) Recommendation For information only. Narrative Negotiating a long-term contract with South County Fire Regional Fire Authority remains an alternative for the City's Fire and Emergency Medical Services. This option will be vetted and provided to Council and public in a side -by -side comparison on options. This will be before being asked to further advance any one option for the future of Edmonds' Fire/EMS services. The attached letter from Board Chair Kenny is an initial response to the mayor's inquiry, and doesn't represent a final negotiated contract term. Attachments: email 12.20.2023 SCF_City of Edmonds South County Fire . City of Edmonds Notice dated December 19, 2023 South County Fire Letter to the City of Edmonds dated December 19, 2023 Board Communication to the City of Edmonds 6.18.24 Packet Pg. 38 6.5.a From: Paine, Susan To: Peterson, Beckie Subject: Fwd: SCF/City of Edmonds Date: Wednesday, December 20, 2023 12:14:04 PM Attachments: South County Fire Letter to the City of Edmonds.pdf South County Fire . City of Edmonds Notice.odf For your information. Susan Paine, M.P.A. Edmonds City Council, position 6 425-361-8844 Sent via iPhone Begin forwarded message: From: "Eastman, Robert" <rEastman@southsnofire.org> Date: December 20, 2023 at 12:06:13 PM PST To: "Tibbott, Neil' <Neil.Tibbott@edmondswa.gov>, "Chen, Will" <will. chen@edmondswa. gov>, "Eck, Chris" <Chris.Eck@edmondswa.gov>, "Buckshnis, Diane" <Diane.Buckshnis@edmondswa.gov>, "Olson, Vivian" <Vivian.Olson@edmondswa.gov>, "Paine, Susan" <Susan.Paine@edmondswa.gov>, "Nand, Jenna" <Jenna.Nand@edmondswa. gov> Cc: "Passey, Scott" <Scott.Passey@edmondswa.gov> Subject: SCF/City of Edmonds Some people who received this message don't often get email from reastman@southsnofire.org. Learn why this is important Council President Tibbott and Esteemed Council Members, South County Fire and the City have a shared goal of providing high quality emergency services to the people of Edmonds today and in the future. As we have discussed with city leaders, the current contract does not provide a sustainable way to do this. In acknowledgement of this reality and to clear the slate for our future discussions, as discussed in the attached letters, South County Fire is notifying you of its intent to terminate our Interlocal Agreement for Fire and Emergency Medical Services effective December 31, 2025. To be clear, we do not want to end our service to the people of Edmonds. We are honored to be your fire department. I am excited for the prospect of the City joining South County Fire. I look forward to discussing how South County Fire can best meet the City's needs going forward. Respectfully, Bob Eastman Packet Pg. 39 6.5.b SOUTH COUNTY FIRE 12425 Meridian Ave S., Everett WA 98208 tel (425) 551-1200 • fox (425) 551-1249 www.southsnofire.org December 19, 2023 City of Edmonds Attn: Mayor Mike Nelson 121 5th Ave N Edmonds, WA 98020 RE. Notice of Intent to Terminate Interlocal Agreement for Fire and Emergency Medical Services Mayor Nelson: South County Fire is notifying you of its intent to terminate its Interlocal Agreement for Fire and Emergency Medical Services with the City of Edmonds, as revised and restated, effective December 31, 2025. South County Fire is not suggesting that the City must choose between annexing into South County Fire and losing fire and EMS services. If the City declines our offer to discuss annexation or the annexation is not complete prior to the termination of the contract for services, South County Fire remains committed to continuing to provide fire and EMS services to the City past the date of termination. But, in that case, South County Fire would need to renegotiate the contract for service. For South County Fire to continue providing fire and EMS services, there will need to be an adjustment in the total payments to account for the increased cost of fire and EMS services. We are excited for the prospect of the City joining the regional fire authority. We look forward to discussing how South County Fire can best meet the City's needs going forward. Sincerely, SOUTH CO owland, Chair South County Fire Board of Commissioners SERVING SOUTH SNOHOMISH COUNTY • BRIER • EDMONDS . LYNNWOOD • MILL CREEK • MOUNTLAKE TERRACE Packet Pg. 40 SOUTH COUNTY FIRE 12425 Meridian Ave S., Everett WA 98208 tel (425) 551-1200 • fox (425) 551-1249 www.southsnofire.org December 19, 2023 City of Edmonds Attn: Mayor Mike Nelson 121 5th Ave N Edmonds, WA 98020 People of Edmonds, Edmonds City Council and Mayor Nelson, South County Fire is proud to serve the people of Edmonds, providing high quality fire and emergency medical services (EMS) in partnership with the city for 13 years. Your firefighters stand ready to respond to the needs of this community 24/7, a mission strengthened by the many responders and volunteers who also call Edmonds home. We look forward to serving the people of Edmonds for many years to come. Ensuring the long-term stability of those fire and EMS services is crucial. Our current service agreement with the city dates to 2010 when both emergency services costs and 911 call volumes were lower. While this agreement served Edmonds well at that time, it falls short in preparing for the community's evolving needs. Increased traffic, higher density, vertical growth and high -capacity transit all have an impact. As a regional fire authority (RFA), we must strategically plan for change, in some cases by increasing fire station staffing and resources. In Edmonds, however, city fire station staffing is prescribed by contract. As a result, daily firefighter staffing in Edmonds today is the same as it was in 2010 with no provisions to proactively plan and prepare for the future. Better strategic planning needs to be supported by stable funding. Like everything else, fire and EMS costs are rising and putting a strain on the city's budget. Even so, Edmonds is paying less for service under the current contract than the rest of the RFA. South County Fire is committed to providing rate parity moving forward, so everyone we serve pays the same rate for the same service. The cities of Brier, Mountlake Terrace and Mill Creek faced financial challenges similar to those facing the City of Edmonds today and found annexation into the RFA to be the most cost-effective solution. Voters in all three cities overwhelmingly approved joining the RFA to provide stable and sustainable funding for services going forward, even with an added cost to their taxpayers. The RFA uses a benefit charge model for funding, allowing overall rates to stay lower when compared to neighboring agencies. 6.5.c SERVING SOUTH SNOHOMISH COUNTY • BRIER • EDMONDS • LYNNWOOD • MILL CREEK • MOUNTLAKE TERRACE Packet Pg. 41 6.5.c SOUTH COUNTY FIRE 12425 Meridion Ave S., Everett WA 98208 tel (425) 551-1200 • fox (425) S51-1249 www.southsno£re.org South County Fire is committed to serving the people of Edmonds far into the future. Over the past few years, we have met with city leaders to discuss the current contract and changes necessary to meet both current and evolving emergency service needs. We look forward to continuing to work closely on charting our path forward and beginning a new chapter in our partnership, under the shared goal of ensuring residents and visitors have access to high quality emergency care. Sincerely, SOUTH COUNTY FIRE Robert h`astrua►�tant Chief (Acting Fire Chief) SERVING SOUTH SNOHOMISH COUNTY • BRIER • EDMONDS • LYNNWOOD • MILL CREEK • MOUNTLAKE TERRACE Packet Pg. 42 6.5.d SOUTH COUNTY FIRE 12425 Meridian Ave S., Everett WA 98208 tel (425) 551-1200 • fox (425) 551-1249 www.southsnofire.org Mayor Mike Rosen City of Edmonds 121 5th Ave. N Edmonds WA 98020 June 18, 2024 Mayor Rosen, South County Fire has been providing high -quality fire and emergency medical services to the people of Edmonds since Jan. 1, 2010, and we hope to continue that service long into the future. The Board of Commissioners is committed to achieving parity with all served by the RFA paying at the same rate for the same service. As you know, our current contract with Edmonds has not kept pace with growing call volumes and expenses. As a result, Edmonds now pays the equivalent of 71 cents/$1,000 AV, which is substantially less than what residents of the RFA pay ($1.24/$1,000 AV). This is not sustainable or fair to our taxpayers. For the Board of Commissioners to consider a long-term contract, the city's cost would be set at a rate no lower than that paid by RFA property owners. As an example, under these terms, the City of Edmonds would have paid just under $19.5 million in 2024. Washington courts have held that RCW 43.09.210 prevents one government entity from receiving services from another at a reduced cost. Any future interlocal agreement for services would be structured to maintain rate parity for RFA taxpayers over the term of the contract. Contracting would mean: • The city would continue to pay contract costs out of its general fund. • The contract rate would be no lower than that paid by RFA property owners. • Edmonds residents would not have a vote on RFA funding measures that would impact the contract rate. Under annexation, city residents would vote on all RFA ballot measures. • The city would retain pension liabilities. Under annexation, this would transfer to the RFA. • Transport fees would not be remitted to the city. We believe annexation provides the most cost-effective way to fund and maintain high -quality fire and EMS to the people of Edmonds now and going forward. Annexation would give Edmonds residents a vote on RFA ballot measures and direct representation on the Board of Commissioners. I hope this provides clarity for you and the council. We value our partnership and look forward to working with the City of Edmonds on finding a path forward that will allow us to continue to serve your residents with high quality fire and emergency medical services. Sinc rely, / _ G Jim Kenny Board Chair SERVING SOUTH SNOHOMISH COUNTY • BRIER • EDMONDS • LYNNWOOD • MILL CREEK • MOUNTLAKE TERRACE Packet Pg. 43 s.s City Council Agenda Item Meeting Date: 06/25/2024 Outside Boards and Committee Reports Staff Lead: Council Department: City Council Preparer: Beckie Peterson Background/History Outside Boards and Committee Reports will be submitted to the Received for Filing portion of the agenda for last meeting of the month. Staff Recommendation N/A Narrative The Council is asked to review the attached committee reports/minutes from the following organizations: Seashore Transportation Community Transit Port of Edmonds SnoCom 911 Attachments: 06.07.2024 - Seashore Minutes 20240607_SeaSho re_Shore I i ne_F i rst_Last_M i le Tra nspo-Board s-WSDOT-AT-P I us-Safety-240607v2 May'24 CT Minutes June 24 CT CEO report Commission Meeting Minutes 5-13-24 - Port Of Edmonds Commission Meeting Minutes 5-28-24 - Port Of Edmonds SN0911-Boa rd-Agenda-20240620 Packet Pg. 44 6.6.a 06.07.2024 - SeaShore Minutes Meeting was called to order at 7:32am. Amanda Pleasant -Brown shared that Metro posted a full-time bus operator recruitment and in just the one week that job posting was open, the agency received 995 applications. Additionally, Metro has now exceeded 300,000 riders per day. Genevieve shared that at last month's Regional Transit Committee Metro gave a thorough presentation on ridership recovery, trends, and service planning and the RTC will receive a tour of Metro's Transit Control Center instead of meeting in June. Erik Ashlie-Vinke shared that Sound Transit is less than three months away from the opening of Lynwood Link. DeAnna Martin kicked of the Metro Safety and Security updates by introducing herself as Metro's Chief of Staff and David Eldred as Metro's Chief Administrative Officer. DeAnna shared that the roots of safety and security are broad, social problems like income inequality, that we need all need to work together to solve. Metro has followed community feedback to stand up an innovative safety and security model and is seeing positive results. DeAnna defined security as freeing people from intentional harm and safety as freeing people from unintentional harm. Metro recorded 375 safety incidents per 1 million boardings during the peak of the pandemic, when the ratio of incidents to boardings was uniquely pronounced due to low ridership, and now 91 security incidents per 1 million boardings in February 2024. In other words, for every 11,000 riders there is roughly 1 reported security incident. However, Metro's goal is zero incidents. There are three main factors that contribute to safety and security: built environment; uniformed presence; and support. Metro's approach to safety has changed to make sure they are showing up with the right resources in the right way. They've moved to a care and presence model. Metro then talked about who works on safety and security at the agency, starting with people who work on the built environment. Capital Project and Service Development employees work with jurisdictions to prevent crime through design and do hazard and vulnerability assessments. Facilities employees clean and maintain facilities including 1,8000 bus stops with shelters, 45 park and ride facilities, and 20 transit centers. In 2023, there were 210,452 bus stop shelter cleanings. David described the uniformed presence factors of Metro. The Safety, Security, and Quality Assurance Division (SSQA) oversees many security and safety functions and was made an official division this year. SSQA oversees the Metro Transit Police who are contracted through the King County Sherriff for 80 officers. These officers patrol, respond to emergencies, enforce laws, and investigate criminal activities. Metro works very closely with jurisdictional police and Sound Transit police. SSQA also oversees Metro Transit Security Officers or TSOs who provide presence, deter incidents, monitor activities, assist customers and more. Metro has 170 TSOs with 24/7 coverage at Aurora Village and Burien Transit Center and more. The number of safety rides that TSOs provided increased from 876 in the month of February 2023 to 5,302 in December 2023. David described how Metro approaches the support factor through the Safety, Security, and Fare Enforcement (SaFE) initiative. There are four pilots from the SaFE initiative. The Ride Right Refresh will reprioritize and more equitably communicate the code of conduct and the Reimagine Fare Enforcement will help determine when and how to resume fare enforcement equitably. He shared that the Behavioral Health Support Program is the first active pilot of SaFE. These six behavioral health specialists provide Packet Pg. 45 6.6.a resources and connections to services and have deescalated many events without having to call the police. Lastly, the SaFE Ambassadors Pilot program provides in -person customer service, supports bus operators and reports issues. The program is made up of 12 light -duty bus operators and provide assistance in over 140 languages. DeAnna shared the resources that are available to operators and highlighted a few that are having an immediate impact including de-escalation training, modernizing the on -board video management system, upgrading to the highest standard HVAC, and enhancing bus cleanings. She also shared resources available to riders urged them to report issues to make the system safer. Lastly, she noted that more riders increases safety. DeAnna described that improving transit safety is a responsibility shared across Metro, King County, jurisdictions, partner agencies, and communities. Metro stood up a coordination team to provide cross divisional coordination and to collaborate with city partners and other organizations. In the near term, the team is mapping resources and filling gaps. In the long-term they will increase consistency and coordination. DeAnna then shared opportunities for partnership including: jurisdictions can help coordinate response times for local law enforcement; work with Metro on capital and development projects; share resources with riders; and then ride, report, and share experiences themselves. Co -Chair Goldman shared about the Regional Crisis Response Agency (RACR) - a newly formed, collaborative effort among the north King County cities of Bothell, Kenmore, Kirkland, Lake Forest Park, and Shoreline that will provide consolidated and standardized regional mobile crisis response services for the five -city region. How does Metro coordinate with RACR and how can we strengthen coordination? A— Yes, we coordinate with RACR. If you have ideas on coordination, please let me know. Looking at stronger co -coordination now. Co -Chair Pobee shared that security has been a great concern and the board talked about it at length last year. Seeing we're protecting our infrastructure and employees. How are we protecting our passengers? A —TSOs are boarding and monitoring stations and coaches to keep passengers safe. We are using reporting data from the public. We are trying to have a safer system for our passengers across all the efforts described today. Celeste Gilman kicked off the WSDOT presentation by sharing data about traffic fatalities. In 2023 there were 810 traffic fatalities and while they had leveled off 2015-2019, they have been steadily increasing since 2020. Less pedestrians survive traffic incident as speed limits increase. Larger vehicles are a higher risk for causing traffic injuries and deaths. Celeste shared that the safe system approach covers safe road users, safer land use, safer vehicles, safer speeds, safer roads, and post crash -care. The tools in order of least to most effective are personal protective equipment, administrative controls, engineering controls, substitution of strategy, and elimination of exposure to risk. A multimodal approach to the traffic safety crisis must include safety, partnerships, connectivity, participation, and opportunity. WSDOT is working towards safe, complete networks. WSDOT provides funding for pedestrian and bicyclist safety. The funding cycle just closed. Celeste provided an example of protected intersections and multimodal improvements at Aurora Ave N and Green Lake Dr/83rd Ave. WSDOT has a safe routes to Packet Pg. 46 6.6.a school program that provides funding for school transportation safety projects. Celeste provided an example of Pioneer Elementary Schol in Vancouver using curb ramps, shared use path, and a pedestrian sign. Both programs have funding from the Climate Commitment Act. Newest program is the Sandy Williams Connecting Communities Program. WSDOT identifies communities with high equity needs around state highways for safety improvements. Was a pilot program from Move Ahead Washington but now permanent. Celeste provided an example of Martin Way in Thurston County. The three programs above provide access to opportunities and enhance mobility. The two program below provide equipment so get people using active transportation. The statewide bicycle education program uses $16.8m from the Climate Commitment Act for 2023-2025 to provide access to bikes for kids. The e-bike program will provide rebates to people buying e-bikes and will create an a -bike lending library. Don't wait to buy an e-bike if you can buy one now. Working with UW to develop appropriate tools now. Celeste shared that the complete streets for state transportation projects is about a more balanced, equitable, and resilient transportation system. Partnering with communities is essential. Commend Seattle and Shoreline for leadership on this issue. Looking for opportunities to assist local jurisdictions with planning including a technical assistance. WSDOT is reaching out to jurisdictions and tribes that haven't applied for grants. Councilmember Ramsdell asked about a particular trail project over 405 that is looking for funding for a study. Is WSDOT interested in participating in the study? A — Happy to make a connection. Nytasha Walters shared that Shoreline will be coordinating with WSDOT and other jurisdictions. Councilmember Paine shared that Congressman Larsen has connected that same trail from Snohomish end -of -County -line to the light rail station. Thank you, CM Ramsdell for starting the conversation. Co -Chair Goldman encouraged WSDOT to look at low -hanging fruit. Low dollar projects on state highways. Lake Forest Park has asked WSDOT to lower speeds on 522. A — Speed is a huge part of safety. Commend the conversations you've been having. Speed management is focus in the agency and we are updating our approaches. Jeff Raker shared about first and last mile shared mobility services in Shoreline. About half of the trips in the U.S. are less than three miles. Shoreline has aggressive climate goals and these short trips can make a difference. The city is working on commute trip reductions, shared used mobility hubs, scooter/bike share program, and an EV charging and car share program. Shoreline is conducting a survey through July 7 asking how people use transportation survey currently and what would incentivize them to change travel patterns. The typical commute is still driving alone. Preliminary results indicate that telecommuting options, safe parking, and other mechnisms would motivate them to travel differently. Options need to be competitive with driving alone. Shared use mobility hubs are designed to be comfortable, accessible and reliable places with various travel options including transit, bike storage, scootershare, bike share, ride hailing, micro -transit, carshare, EV sharing and kiosks. Shoreline has 17 possible locations. Developing concept plans with consultant to determine what is feasible in next few years. Packet Pg. 47 6.6.a Shoreline is beginning a two-year scooter and bikeshare program with Lime. It it timed for light rail station opening this summer. Will be starting slow with 200 scooters and bikes and may expand. Can set no go zones, slow zones, and assigned preferred and mandatory parking. There will be an in-app rider quiz. Lime requires helmets and riders can get a 10% discount on helmet purchases if they take a photo of themselves wearing one. On June 29 there will be a Walk Ride Roll event in Shorline for direct stakeholder engagement. Going to the farmer's markets and local events to promote survey. Preliminary results indicate the one third of people are somewhat likely to use a scooter or bikeshare. Shoreline has conducted a EV charging feasibility study to see where public charging makes sense. May consider code edits and permitting changes to make it easier. Developed heat map for charging demand. Shoreline has an EV carshare that provides membership -based system and fleet services for specific organizations. Preliminary results from the survey indicate that 14.5% of Shoreline residents own plug-in electric vehicle and many are considering it. The majority would consider using an EV carshare. Co -Chair Goldman shared that it was an interesting presentation and directed people with questions to email Jeff directly (jraker@shorelinewa.gov). In good of the order, Co -Chair Goldman shared that the next meeting will probably have very low attendance because it falls the day after the 4th of July and there is usually no August meeting. Additionally, the September meeting will be a joint transportation board meeting. The board conducted a poll to determine the preference of the scheduling preference of the body. The Co -Chairs and facilitating agency will discuss the results of the poll, decide on a time, and adjust the calendar item accordingly. Meeting adjourned at 9:OOam. Attendees• Amanda Pleasant -Brown (she/they), King County Metro Andie Parnell, Sound Cities Association David Eldred (he/him), King County Metro DeAnna Martin (she/her), King County Metro Eben Pobee, Shoreline Councilmember and Seashore Co -Chair Elsa Brown, City of Seattle Office of Intergovernmental Affairs Erik Ashlie-Vinke, Sound Transit Garrett Holbrook, Office of King County Councilmember Dembowski Genevieve Jones, (she/her) King County Metro Jeff Raker (he/him, City of Shoreline John Ramsdell (he/him), Shoreline Councilmember Larry Goldman, Lake Forest Park Councilmember Matthew Kenna, WSDOT Packet Pg. 48 6.6.a Mike Dee, Member of the public Nathan Loutsis, Kenmore Councilmember Nytashsa Walters, City of Shoreline Phillip Hill, Lake Forest Park Susan Paine, Edmonds Councilmember Tom French, Lake Forest Park Mayor Links: • https://kingcounty.gov/en/dept/metro/rider-tools/rider-safety Packet Pg. 49 F*Irstnond Last Mile Shared Mobility Services in Shoreloine SeaShore — J u ne 71 2024 6.6.b Why Invest in First and Last Mile Mobility? • Meet greenhouse gas reduction goals — Short Trips Can Add Up! • Provide more ways to get around without a gas -powered vehicle CITr Of 9MONELIME • Test new travel options as safe & economical access (transit& key destinations) • Aligns with City+ Council Goals: • 2023-25 Council Goals + Work Plan • Transportation Element • Climate Action Plan IN 5mF% minutes saved per e-scooter trip on average ru Changing Transportation Emissions Key to City Climate Action Sources of Shoreline's community -wide greenhouse gas emissions in 2019 (246,001 MTCO,e) Other Solid Waste Residential Electricity Fugitive �� F 2 Emissions GdJullllC 44% Diesel 11% residential latural Gas 0% Residential f Heating Oil ri 3 % Commercial Electricity 1% Commercial Natural Gas 10% dustrial Natural Gas 5% Shoreline's future emissions under two scenarios through 2050 (in thousands of MTCO_e) Shoreline Wedge Analysis avoidedWON- 0 through federal, state, 2 200Emissions to — a reduce through O Science -based Targets the CAP 2030 2040 2050 — — No Action Future Federal/State Policies CAP Actions ■ WA Clean Energy Transformation Act ■ Building Electrification ■ WA State Energy Code ■ Reduce Driving ■ Federal Fuel Economy Standards ■ On -road EV Adoption WA Clean Fuel Standard Waste Reduction/Recycling Existing Local Actions ■ Shoreline Energy Code ■ Forest Carbon Sequestration" IN Light Rail and Transit -Oriented Development *Forest Carbon Sequestration cannot be used to meet emissions reduction targets but can contribute toward carbon neutrality and is shown here for illustrative purposes. 6.6.b ru Packet Pg. 52 6.6.b Upcoming Transportation Programs + Services in Shoreline -0 • Commute Trip Reduction (CTR) Plan Update — L Working with major employers and others to Ca reduce drive alone trips O • Shared Use Mobility (SUM) Hubs— Developing key sites where people can easily and comfortably access new travel options • Scooter/Bike Share Pilot Program —Testing out new options for short trips • Electric Vehicle (EV) Charging & Carshare— Increasing access to electric vehicles Packet Pg. 53 6.6.b 2025-2030 CTR Plan Update New State goal of a 60% DAR (Drive Alone Rate). L out of every 10 "commutes" are by means other than a drive alone trip. 0 Outreach to community for help in developing policies, strategies, and incentives. CTR-Affected Worksites: • City of Shoreline • Crista Ministries • Department of Ecology • Department of Health — Public Health Lab • Department of Social and Health Services — Fi rcrest • WSDOT • Shoreline Community College Is there a better way to get there? • Do you really have to drive, drive alone? • What would it take to choose another option to reach your destination? • The City of Shoreline has launched the Walk, Ride and Roll program to give you more viable travel options. • Take the Cityof Shoreline's Walk, Ride and Roll survey and help us find you a better way to go: https://engage.shorelinewa.gov/wa[krideroLL �� SH()Rt11h F■ L=km ❑ mf' i 000� *11� li Packet Pg. 55 TYPICAL COMMUTE QT How do you typically get to work (choose all that a 6.6.b (554 Responses) A Drive 'QF� Alone 400 360 y,QO 705�� G � cti �,, ��Q 300 Not Telecommute 200 Working Bus Light 146 122 Bicycle 128 Rail 90 91 Walk CarpooL 100 49 48 3 6 6 13 Packet Pg. 56 ru MOTIVATING ALTERNATIVE TRAVEL OPTIONS: WORKPLACE Q14: Workplace facilities and where or how work. (561 Responses) A F � N 0 m° y �o 741�� Go �F o Telecommuting y6� Options Secure None � Bike Parking 184 179 w More Flexible 169 U- Hours L 141 0 Cn Extra O Time Off Cn 98 Cn Showers Other Lockers i5 N 0 64 N Packet Pg. 57 Q11 - WHAT DO YOU NEED TO TRY A 1 6.6. b j COMMUTING OPTION OTHER THAN DRIVING ALONE ? Travel time as fast as driving. Transit o Frequent, on -time with minimal transfers. o Better lighting and secure waiting areas o Closer transit stops, flexibility in schedule, easy access Bikes: Protected bike lanes and secure bike parking Financial Incentives: Employer -provided subsidies or direct financial incentives to change commuting habits. No cost travel options. Flexibility: Varied work hours and childcare. Packet Pg. 58 U) 0 m .y 3 0 I M J I N L LL L O L 0 I O 0 N O N _ E w a Comfortable, accessible & reliable place with various travel options to use: • Connect tot ransit (bus and rail) • Store bikes in racks or gated area • Scootershare and bikeshare • Ride -hailing (Uber/Lyft) • Micro -transit (Metro Flex) • Carshare (Gig, Zipcar, ZEV Coop) • Electric vehicle charging • Informational kiosks: Real-time info on routes and schedules. • Community a nd retail space-- Relax, meet up, or dine before/after your journey or get your bike serviced or stored. 0 Shared Use Mobility Hubs Image by Nelson I Nygaard Consulting Associates— represents what might be found at a transit center with community space, scooter/bike racks, carshare, lighting, kiosk, and more. ru Shoreline's Shared Use Mobility Hubs TE/TMP Vision: Shared Use Mobility Hubs are places of connectivity where different modes of transportation come together seamlessly at concentrations of employment, housing, shopping, and recreation. Shared Vehicles Scootershare Bikeshare Ca rsh a re Shared Trips Carpool/Vanpool Microtransit Bus + BRT Light Rai y{ 1 tN 'Aurora, — • — - — Village Transit Center 'i DOth St '^ F Shoreline Park & Ride N 18Sth St *Aurora Ave N & N 185th St City Hall A ro � Shoreline .9 Community College • Shoreline j Place . ! I r 6.6.b Z • Ballinger 1 ' Q` I � l 1 � 1 Shoreline North/185th Station North City Business District 1 NE 175th St Shoreline Library . Z Ridgecrest Business District Q • N 155th St Fircrest G r may •: Shoreline d �.� • South/148th Station 148th St Non Motorized f, N1ASthSt _._. SR523 Bridge+- -- —_ —_ —- S15th Ave Seattle BRT Station 11 r E I' I � i• _ a 3L, BR atic j Packet Pg. 60 A Bike Share It ple ot a Reglona • e &8 alx Bike Repair or Secure Bike Scooter 111j) Retail Shop Parking & Bike Racks Share ,all 1 � A -ppr-� a•�.4 -arias Ride Hailing or Major �ro.transit Pickup Transit Hub WWI it E L 6.6.b Example of a Central Hub ru Packet Pg. 62 6.6.b Example of a Neighborhood Hub N`s�a -Z4w j ru Packet Pg. 63 6.6.b SHARED USE MOBILITY HUB PREFERRED LOCATIONS Aurora/185th 288 Q33: Select which locations make the most sense for a #0 Shared -Use Mobility Hub (Among 7 TE Sites) (559 Responses) Fl, cy6 Fs� Shoreline North Station Shoreline 399 South Station 336 Shoreline 15th Ave. NE City Hall BRT Station 179 Richmond 1 37 Four Beach Corners 69 65 0 ca ru Packet Pg. 64 6.6.b SHARED USE MOBILITY HUB PREFERENCES Q32: Which options at a Shared -Use Mobility Hub would you consider using. Choose all that apply. L (594 Responses) •Bike -share Scooter -share y w • 75% Bus/Train 41% Public Space Car -share ° • 59% Food/Coffee Vendor • 43% Bike Lockers 400 300 234 182 200 100 217 212 Ride hailina iUber L 2 • 40% Gated bike storage - Bus train Electric vehicle charging ports • Bike racks Bike lockers o 352 ;(AA • Bike repair station y co A- a� • Guarded gated bik Ni 2 5 5 �j _ . storage V o 23; 242 cy Fs • Kiosk with informat c 6 Gj N 190 192 1 75 ]so �� S Public space c d 147 E Food coffee vend(_ w r 57 Retail bike shop Q 24 • None 0 Oth Packet Pg. 65 6.6.b 2 Year Scooter/Bikeshare Pilot Program ii n Timed for light rail station openings in Summer 2024 2-year pilot - What works and what does not? Is it expanding travel options? Informed by "Walk, Ride, Roll!" survey, summer events, & focus groups Direction from City Leadership — Working with police/fire and others at City Regular review for safety, community response, and other indicators. 0 CO ru Packet Pg. 66 Potential Risks • Community resistance: May limit launch and/or upkeep of program • Safety concerns: Safe riding practices are not followed. • Inequity: Unaffordability for low- income residents, neglected underserved areas. Top WA trauma surgeon says E-scooter injuries are a `new disease' for hospital emergency departments 41 Shannon Hampton I The West Australian Fri, 24 March 2023 4:05AM 140 Comments I 6.6.b One of WA's top trauma surgeons has described the "enormous exponential increase" of serious e-scooter injuries presenting to Royal Perth Hospital's emergency department as a "new disease", as figures reveal the alarming rate of people riding drunk, on drugs and without a helmet. The West Australian has obtained concerning new statistics around the prevalence of e-scooter injuries as a 15-vear-old bov continued to fight for his life in the intensive care unit on Fridav night after his e-scooter How Dangerous Are Electric Scooters? Electric scooter injuries & accidents in Southern California Most common electric scooter injuries 27.7% Cuts, sprains bruises 31.7% Head trauma 40.2% Bone fractures Most common electric scooter accidents 8.8% Hit by moving vehicle/object 11.0% Collision with object Share of riders wearing a helmet OVA% n=249 patients presented to two emergency departments with injuries from electric scooter use in Southern California from Sep 2017 to Aug 2018. n n n May not add up to 100%due to rounding. ru 6.6.b L r�°Mandatory parking zones m Within these zones, you must park 2 N at designated parking spots to avoid Slow zones city fines. o d a- Your vehicle will slow down in these g zones. O rrelerrvu pUrKlrly 5PUl5 y' O This is a designated parking bay, _i the city requires you to end your trip N No go zone here. LL Avoid these areas. Your vehicle i c won't operate and you can't park Bike racks L here. � This is a public parking rack. This is Cn .Q a non -obstructive place to end your d� Service zones trip if there are no designated bays 0 available. rn Please keep your vehicle within the in green boundary. i No parking zones o ® Your vehicle will operate, but you `O N can't end your ride in a red zone. a Packet Pg. 68 Kruc q Botani den r� D z to =_ RI tQOND BL_ 'H a c�3 � d -� Q ryBachQa Saltwater ark INNIS ARDEN ,rrk P1I horeview Park Shoreline, WA Geofencing No Ride Zones 0 Equity Deployment Zones ILANDS Q Lime Proposed Hubs ' club© 0 Shared Use Mobility Hubs DRAFTSERVICE MA 11 ./1, / ro y I� z BAL Pi4GER �seh� ITO LAKE ►dF 0 Qs NORTH CITY QFred rv1 yer ,. n z RICHMON ` HIGHLA L81 ra F IaLAa u Department U ising - Driver... T- n & Country '©`t Shoreline P KI i WESTMINST TRIANGLEa EVERGREEN Go gle;My Maps o a I' RONALD G' A c m 'Fi7S ��y o '.y D P1F z m nShoreline Library ~ T 0 Q u D Q168th St ©G E r 6.6.b NE 18ath� W, 1�i 51 � RArl Brile s BBQ and Grill —z. I Packet Pg. 69 ru 6.6.b x MTOT61 so 4 re Prohibited in Bus Lanes RIDER SAFETY QUIZ Is this appropriate scooter riding? Yes No x • Permitted in Bike Lanes RIDER SAFETY QUIZ Is this appropriate scooter riding? Yes No Number of Riders JL x RIDER SAFETY QUIZ Is this appropriate scooter riding? Yes No Proper Parking A- x RIDER SAFETY QUIZ Improper Parking AFEL x RIDER SAFETY QUIZ Is this appropriate scooter and bike parking? Is this appropriate scooter and bike parking? Yes Yes No No ru Packet Pg. 70 6.6.b External Engagement + Education • Survey (July 7th) • Direct Stakeholder engagement • Focus groups in multiple languages • Focused outreach one month prior to launch • City -sponsored summer events • June 29t" "Walk Ride Roll" event • Shoreline Farmer's Market • Strawberry Festival • Celebrate Shoreline ru LIKELIHOOD OF SCOOTER/ BIKESHARE USAGE Q22: How likely would you be to use a scooter / bikesha program in Shoreline? (607 Responses) Never 225 (37.1%) Over one third of survey respondents are at least "somewhat likely" to use scooter/bikeshare PRELIMINARY RESULTS THROUGH 6/4 Under 18 1 (0.2%) Very Likely 71 (1 1 .7%) Somewhat Likely 141 (23.2%) • Very likely Somewhat likely; Somewhat unhk: I v:ould never u of these shared devices. 169 (27.8%) 1 am under 18 so Somewhat Unlikely Packet Pg. 72 0 m N ru Survey Findings: T (118 Pins) • Along Interurban Trail • Transit hubs (LRT stations, Aurora Village TC, 192nd P&R, current & future BRT stops) • Grocery Stores (Town & Country, Trader Joes, Safeway, QFC) • Public/Community Service (City Hall, Shoreline / Ridgecrest Library, Community Center) • Eating/Drinking Locations (North City, Ridgecrest) • Parks (Hamlin, Paramount, Saltwater) • Neighborhood Hubs (Richmond Beach, Four Corners) • Event Sites (Farmer's Market) • Shoreline Community College rJi . CON f.� ECHO LAKE I = NORTH INNIS ARDEN I~ /•. Ilk ; RICHMOND HIGHLANDS , MERI /.. 4 PARK w~ I v ru A� RONALD L.. [CREST l_. in I �! �IGF.�, coo TFRR��, �- , o N 00, KVlOOD s BRIARCRES� 0 THE HIGHL.LN_1? WESTMINSTER — TRIANGLE J T I EVERGREEN+•---r4—'�.,� w�` 'J u "r-In n10 My MAnc 6.6.b ElectricVehicle Charging + Carshare EV Charging • Identifycharging station locations tosupportcity goals for electric vehicles (EVs). • Public charging is part of a bigger plan for move to EVs, including easier permitting for EVs. • Make chargingfastand easytofindfor residents, visitors, and ride -sharing services, while considering equity and sustainability goals • Multi-lingual EV Focus Groups for input from Multifamily and Affordable Housing residents and property owners on EVs and EV carshare. 0 CO ru WOODWAY COMBINEDEVs CHARGING DE ME �NE S0 y 2051h°St"^ ¢ G � q i o NW 200th St N o t St � r _ fC 'O NW 196th St NW 195th St O z \ ¢0E d Rd QChn,Ona zRh Ale. 4'hc,,I.,,,,, .n'k9Wfy d hQ�O Bch qa N 1851h StNE 185th Sty— 2 o 3 3 vD NW 1801h�Sz .N i' ¢ Z � t 1r,YJ LAKE L _z O a NE 178thSt FOREST LL 3 NW 175th S[ N 1751h St f W Z ' PARK NE_ 175th St ¢ .__ J¢ Nw N yµ;llll•1i:1L 1iC11.1 N . d L r , , .. :.. y O 4,, c LT..L'�i;i« ", 77 �7j L O A'aen t1 y N 165th St U) ?a fn N 160th St --- - O NEe160th St O O a 1 N O z y1� N 155th St NE 155th St — N > O Cy t\ E 3 T _ u fT3 N145th St All Use Case Scenarios Low 0 0.25 0.5 SEATTLE High JI Packet Pg. 75 Mlles 6.6.b EV Carshare • Carshare Visitors ($16/Hr) L 0 • Discounted Individual and Group Membershi s($8/Hr)o p • Fleet for CommunitOrganizations Y g cc J I • In Shoreline: U-I • Town and Country Site - o Visitor/Individual Member Site • YMCA —Group Membership/Fleet NI Siteco 0 N O N • Other Carshare operators at transit hubs or free-floating a 61 Packet Pg. 76 Q28: Do you currently own a plug-in electric vehicle? (60 Responses) PLUG-IN ELECTRIC VEHICLE OWNERSHIP • 15% of survey respondents own plug-in electric vehicle • 17%considering EV purchase within 2 years PRELIMINARY RESULTS THROUGH 6/4 Within Two Years 1 01 (16. ';". ) Yes 88 (14.5%) ru Yes 416 (68.8%) No No I am considering purchasing an electric vel Ye Packet Pg. 77 ELECTRIC VEHICLE CARSHARE USAGE 59% of survey respondents would at least consider using electric carshare PRELIMINARY RESULTS THROUGH 6/4 Q29: Would you ever consider using an electric carshare vehicle? (603 Responses) Maybe 1 75 (29.0%) 250 (41.S%) No Yes 1 78 (29.5%) • Yes w No a Maybe Packet Pg. 78 6.6.b Upcoming Activities ca 0 • Scooter/Bike Ordinance (June 10) • Focus Groups (Jun -Jul and Fall) • "Walk Ride Roll" Event (Jun 29) • Scooter/Bikeshare Pilot (July) • Mobility Hub Concepts (Aug -Sep) • Carshare Ordinance (Fall 2024) • CTR Plan Update (Fall 2024) Packet Pg. 79 6.6.b la_ Questions and Considerations ? Table 1. Use Case and Selected Metrics Summary Table 6.6.b Use Case 1: EV ownership per capita Department of Vehicle Focuses on prioritizing DC fast charging in areas with relatively lower rates of EV ownership on Necessity Licensing a per capita basis Charging + EV Multifamily housing unit Census Identifies current areas with likely higher needs of public DC fast charging due to existing at- Carshare density home charging barriers Distance to frequent King County Metro and The distance from frequent transit is used as a proxy to prioritize the areas with less transit transit Sound Transit service where people may be more dependent on their vehicles for mobility Proximity to DC fast Alternative Fuel Data Center Prioritizes areas that are further away from existing and planned DC fast charging stations to charging stations (AFDC) and City of Shoreline fill in the gaps in the DC fast charging network Equity -focused Census Address barriers to EV ownership and/or supports EV carshare opportunities for priority populations populations (people of color, low-income households; limited English-speaking households, and people less than 18 or over 60 years of age) Use Case 2: Proximity to DC fast AFDC and the City of Prioritizes areas that are further away from existing and planned DC fast charging stations to Convenience charging stations Shoreline fill in the gaps in the DC fast charging network Charging Household growth Shoreline Transportation Focuses DC fast charging stations where the largest growth in housing is planned in the City of Master Plan Shoreline- Employment growth Shoreline Transportation Focuses DC fast charging stations where the largest growth in employment is planned in the Master Plan City of Shoreline Proximity to grocery , & FOR i Considers the convenience for residents to use DC fast chargers while they shop at grocery stores stores even if they have at-home charging available Proximity to parks King County Similar to the grocery stores metrics, this metric considers the convenience for residents to use DC fast chargers while they visit local parks Use Case 3: Proximity to the Alternate AFDC Supports federal and statewide objectives for AFCs and the provision of EV stations along Visitor + Ride_ Fuel Corridor-(1-5) those corridors hail Trips Future travel demand Shoreline Transportation Prioritizes areas where forecasts suggest the largest number of trips will end in the City of Master Plan Shoreline, suggesting these are the areas with the greatest number of visitors Proximity to retail , & OR� Focuses charging at areas that are likely to generate the greatest number of freque locations from visitors and to have short dwell times that would benefit from DC fast charg,nJ Packet Pg. 81 0 0 m a� C4 3 PRELIMINARY "Walk Ride Roll" Survey Findings https://engage.shorelinewa.gov v /walkrideroll 0 m • 79% Shoreline residents N • 34% Work in Shoreline • 22 % Do not work out of household • 28% Work in Seattle • 17 % Work in Other City/County Packet Pg. 82 6.6.b D n e rato r Scar Hybrid system (dockless + possible 20 designated parking pens) ru Packet Pg. 83 6.6.b wfikTMF. - V!n10 Recovery+ Rebalance Commitments 1 O Y C Parking and Riding Guidance 'r 11 Iff-Iff - s = I _3 1 Rider Safety Quiz Collect and Report Data to City Deploraent EOeity Heat Maps Mem.ers.ip Olnfo 12.3K SAM 1.1 10.6 1.5 Average Daily Inns Avenge -y Tnps by VHiitle o .dntl...rmr otb 4-2i, s-b 2,832 9,511 bike Averge D.ay Taps by Han byre.. e wbyMan. la-, -.r, .- " M.y ,�y A1 5.plaaba, DD.b.. N.- D.a S5.2Ta„ l ntl K -K MSK VM S60K 56AK ]S.OK y3.yK .1. -K -K 33.9K 680.KK I e birycb 0.6K OSK OJK OX 13K 1AK - 1AK U, B.SK Sa.6K 56AK -K 37.OK 560K "6 15OK 72.3K 66.2K 52.3K 39.1K 33.3K 6r2.61t is 289AK 310AK a33.g1 1992K 296.9K 3103K 133.3K 13- .1.. 330.9K 25 - 203.1 3929.. --- 221.8K 23).9K 3311K 1"- 216AK 2532K 31.1K 322.6K 2925K 265aK 192.6K 1619K 29126K - - 11y.8K 1Sl.1K Sy9.5K 313.OK Z;; 4;9.9K 651.8K 629.1K SSQ2K ly1.7K 356yK 2y2.8K 562AlK CO L 60 W .y w ru Packet Pg. 84 6.6.b D n e rato r Scar Mp 01 F7MI Direct + prompt customer service and support � 1\ fir, f. � • ••�i • • •1 i `^ IjON i • • • is • •• 0.01 F Accommodate Intercity Travel (Partnership with Seattle) ru Packet Pg. 85 Where + How Fast Can They Ride? Slow Zone Vehicle Speed Limited 8 MPH (Seattle University, Bridges) KO - 0 ,QR Group Ride L r .2 No Go Zone Vehicles Stop Functioning + No Ending Trip 852 �` 9'}..I4% 6 d� R 0 lr Scan PR Group Ride J Slow zone Your vehicle will not exceed 8 mph in this area If you enter this area at a higher speed, the vehicle will slow itself down, x r iu r � Scan x No go zone Dori t ride or walk vehicles into this area. They will not function and you can't park within this zone- 6.6.b Service Zones 15 MPH Scooters 20 MPH Bikes CU 5:19 0 1' A 24%_ O m 4111111111111 R y 7 O ? •1•• JI LL . - rig _ r• d - • r� Group Ride Scan v N 0 N Service zones Please keep your vehicle within the E green boundary. Packet Pg. 86 Are They Allowed in Parks? Allowed on Edges Preferred Parking Provided l PA Group RiJc O '}.. 14% 6 Not Allowed Large Parks a n d Coastal/Lakefront Pa rks B 44 I 0 n.A 6%JI �6 Scan No go zone Dori t ride or walk vehicles into INs area. They will not function and you can't park within this zone- f c 3&E AR Gi E—biko XXX—VKL _ X m 30 mi range $1 to start, then $0.45/min + tax Q RM0 ® Rspsrt Issue Allow for Throughways Only Trail/Street Connections as C .,N5-s cts O � m o- to 7 (� 0 i I U) m J I N L ,;nincilnn LLI RUN = L N PA Group Ride Scan CD �-J !! t''T ► N 0 X N E-bike XXX-WSY _ Q0 8 mi range ° E $1 to start, then $0.45/min + ta:, v ra Q Q Ring ® Report Issue Packet Pg. 87 Where Can They Park? Mandatory Parking Zone Light Rail Stations + Stadiums Preferred Parking Spots High -Use Areas, Edge of Schools/Parks 0 '$I 32%2 � NW 58th St R Ballard commons I', O th51 © P No Parking ZoneD.6.b Campuses, Car Parking Lots, Overpasses, Busways L R 41 NW 57tSt Ballard Branch • TI r Seattle Public Libr DailyDOGS C61 NW 56th St N rt>�1 'he Line Apartments OF7 ©h4ti/ari:M it �> NE 145th St s.>� x x Prcfcrred parking Parking spot spot In trus ared yuu must ,end your ride at one of these In this area you must end your ride at one of these parking spots. parking spots fj Group Ride ; Scan PR Group Ride ; Scan v 0 ,QR Group Ride Scan 0 m d ru r �a x © No parking zone You are not dllov ed to park your vehicle here. If you ; leave your vehicle in this area, you risk being fined Packet Pg. 88 Mandatory Parking Zones Temporary Semi -Permanent Signage 6.6. AM Beach Bike and Scooter Parking Hubs Y 0 p f w PQQ 00o n ems., ➢ fq€ A _.,,,..o„d ^� 5rt .......,, i s „W„ 41- 6.6.b Preferred Parking Spots No Signage Co -Located with Existing Racks/Corrals Local Rules Summary Scooters Local rules and regulations 1 Riders may only ride in car travel lanes when the auto speed limit is 25mph or lower. Use a separated bike lane or choose a different route. 2 Scooters are permitted on bike lanes and multi -use trails 3 Do not ride on sidewalks unless it is part of the connected bike network 4 Helmets are required 5 Park scooters in marked bike/scooter corrals or the furniture zone near the curb 6 Leave 6 feet of sidewalk clearance for pedestrians and wheelchairs when parking 7 Do not block access to crosswalks; driveways; transit boarding; businesses; travel lanes . W elchair ramps Scooters 3 Do not ride on sidewalks unless it is part of the connected bike network 4 Helmets are required 5 Park scooters in marked bike/scooter corrals or the furniture zone near the curb e Leave 6 feet of sidewalk clearance for pedestrians and wheelchairs when parking 7 Do not block access to crosswalks; driveways; transit boarding; businesses; travel lanes or wheelchair ramps s Riders must be 18 years or older 9 It's our city - take care of it and be courteous to those around you Done U 3:00 2At`R..A5% Rider Safety Quiz You're on your way to becoming a master micromobility rider! Let's learn how you can scoot safely around town. Start quiz III � Packet Pg. 91 6.6.b In-App Rider Training Helmet Usage MaZA HOW TO RIDI. Scooters Keep yourself and your city safe Wear a helmet when riding. Test e brakes before riding riding by squeezing them and rocking the vehicle forward and back. The vehicle should not move. Ride in bike lanes whenever possible. Park out of public pathways and upright with the kickstand down. You may be fined for improper parking. Local rules and regulations 1y -zr - 1-1I1..,. Scooter Riding Tutorial HOW TO RIDE Scooters HOW TO RIDE Scooters Using the throttle r Ensure the throttle springs back after you press and release. r The vehicle needs to be moving for the throttle to engage the motor. M to HOW TO RIDE 0 Scooters m d rvrtnetnrvene I,V CrlyayC LIM motor. 3 0 a� O J N L LL A d d d L Getting moving s N r Place one foot on the vehicle's floorboard. N Push off the ground with your �l other foot while pressing the throttle. N O I �V N = O E t 0 r Q Packet Pg. 92 o AM MAW WSDOT WSDOT Active Transportation Qrograms: Enhancing Safety � All Users Celeste Gilman Strategic Policy Administrator, Active Transportation Division, WSDOT June 7, 2024 Packet Pg. 93 6.6.c Safety Challenges We're not making the progress we need to reach Target Zero goals We're seeing increased: • Speeding • Reckless driving • Impaired driving • Both on roadways and in work zones • Happening statewide and nationally Is --800 deaths a year acceptable, or are we ready to do something different? .M aw 6cr 400 200 0 Washington Traffic Fatalities BIC S.1 S3 , �w 5 63 4 4 'IF 2014 201S 2016 2017 2018 2019 2020 2021 2022 2023 �u Packet Pg. 94 0 Survivability for people walking 20 MPH 9 out of 10 pedestrians survive 30 MPH 5 out of 10 pedestrians survive Image Source: Target Zero 2019 Data Source: European Transport Safety Council 1995 Packet Pg. 95 6.6.c Vehicle factor, • INS study of turning vehicles • INS study on front-end vehicle design and pedestrian injury severity in crashes RAM INF- Inw/slnned I nw/hlunt- similar rick Medium/sloped: similar risk Medium/blunt: +26% Tall/sloped: +45% Tall/blunt: +44% IIHS >40" isurance Institute for Highway Safety Packet Pg. 96 6.6.c 2013=2n23 Comparison Year Total Crashesl Fatal Crashes Fatalities Fatality Rate* Vehicle Occupant Deaths Pedestrian deaths Bicyclist Deaths Total Serious Injury Crashes Vehicle Occupant Serious Injuries Pedestrian Serious Injuries Bicyc Seric In'uri 2013 99,711 408 444 0.762 382 51 11 1603 1,573 261 2014 107,619 430 464 0.796 379 78 7 1684 1,596 306 2015 117,006 497 549 0.924 449 86 14 1752 1,705 286 2016 122,331 506 539 0.881 433 89 17 1893 1,725 365 2017 121,128 532 561 0.917 438 108 15 1916 1,772 357 2018 116,027 489 541 0.864 423 103 15 1928 1,713 400 2019 111,677 517 542 0.860 426 107 9 1924 1,793 356 2020 86,320 536 572 1.073 447 112 13 2065 2,033 303 2021 103,3081 596 663 1.166 504 145 14 2499 2,412 410 2022 103,398 691 733 1.281 592 129 12 2641 2,547 415 2023 104,309 726 810 1.350 630 153 19 2864 2,782 474 11-year increase 1 5% 78% 82% 77% 65%1 200% 73% 79% 77% 82% 91 Source: WSDOT Engineering Crash Datamart (2024-05-06) * Fatalities per 100 million VMT Note. Estimates as of May 2024, subject to change 6- Packet Pg. 97 6.6.c The Safe System Approach ELIMINATION Eliminate expose to the crash befc it can occur cy A A d Replace with strategy tt • lowers injury severity in IL A event of a crash Make changes to how we desi ENGINEERING — and operate the road system, CONTROLS vehicles, and programs • I Change the way people use the systei —II through. for example, education, legislation, and policies Personal protective equiptment, e.g. motor( helmets, protective gear and helmets for motorcyclists Least Effective Figure 2-12: Hierarchy of Controls for Traffic Safety, adapted from Hierarchy of Con (National Institute for Occupational Safety and Health, 2017). Transportation systen examples added to original graphic. Packet Pg. 98 6.6.c A multimodal approach to the traffic safety crisis ru Packet Pg. 99 6.6.c Safe, complete networks When we accomplish our goals, Washington will have a transportation system that works as well for people walking or rolling as it does for people using motor vehicles. "Even when people drive a car or ride a bus, every trip a person makes begins and ends in a human -scale space of some kind." —Active Transportation Plan 2021 n ru Packet Pg. 100 Pedestrian/Bicyclist Program L O Pedestrian and Bicycle Program Projects: 2015-2023 (135 total) m Pedestrian and Bicyclist Program investment locations by funding source 2023-25 d N O • • O Q� O CV • • • • O ORS > O O '�• i - O . O vll to (L - Population •O , O r Density O x(y • 0 Funding Source Low ... U) %p)ectS Shown using jun5altliohll reference points• Climate Commitment Act(CCA) Q Muir—d.l Account Medium ,60 (MMA) J��`+• Populatio N Jurisdiction Type Density L _ High O City Q Percent Investment by Funding Source Climate - m 23-2 5 To } I Commitment Act or Multimodal Account Projects shoan using jurisdictional reference points. Not ShovNei: Statewide Permenant Bicycle Counter Nei • County 6 la . • Tribe Q $52 million O other 35.29% 64.71% County i Boundaries https://wsdot.wa.gov/business-wsdot/support-local-programs/fundir c programs/pedestrian-bicycle-program E NtNnr: CLIMATE 0 COMMITMENT a ■ CCA MMA ACT — Packet Pg. 101 6.6.c Project example: Aurora Ave N (SR99) Green Lake Dr. N/83rd Ave Protected Intersections & Multimodal Improvements Bicyclist Program r U) CU 0 m .y 3 9 S • Packet Pg. 102 Safe Routes to School Program Safe Routes to School Program investment locations by funding source 2023-25 • O .w i♦+ Population Density Funding Source tow Aolecfs spawn using rynsdltllonal reference pants • Climate Comm—ent Act (CCA) Safe Routes to School Percent Investment by Funding O MulGmodal Account(MMA) Medium Source Climate Commitment Act. O Federal Motor Vehicle Account Multimodal Account or Federal Motor Vehicle Account - High 21.64% 63.63% 23-25 Total: FUNDED BY WASHINGTON'S $52 million CLIMATE 14.74%� COMMITMENT ACT ■ CCA ■ MMA ■ MVA-Fed Safe Routes to School Program Projects: 2015-2023 (153 total) O 'O • Cy O i� r O 0 O O 0 O • p O O 0 „� 0 O 0 CO • 0 O 0 O O b Q 410 Prole :s stlO.Vn us ng ; IJ,ct,c nil reference p—ts Not shown OSPI Brcycle and Pedestnan Safety Educatnn a d Encouragement Pn gran orolecte 000 CPO 0 Jurisdiction Type O cty • county • Tnbo O Other County Boundanes • t 1 M. Population Density Low 'i; s Medrur a, - High = https://wsdot.wa.gov/business-wsdot/support-local-programs/fundir s programs/safe-routes-school-program Packet Pg. 103 6.6.c Safe Routes A Program Project example: Pioneer Elementary School, Vancouver Packet Pg. 104 Sandy Williams Connecting Communitie.6.6.` Program SR-539 / Gmde kMend,an Complete Streets Pred—gn yam, \ 1 sR-538 Complete n `l Streets planning •SR-•1_9.Ped4&'ke Improvements • W9900ultimodal /) Design Study ludWns Park / • Station Active _ SR 3 pedestrian Transportation Access and bile,' plannng J _ SR 7 Pacific Ave Highway 101 • ��ADtintersection Road Diet 2023-25 Total:-241 $25 million _ SR-17 shUse Path • SR-2fi •Trail shared use I awhxd Bridge Pedestrian Illumination - Year 'I • Two Projects -500 Shared -use Path Upgrades Year One Projects 1 "Target Trad" State Routes `• FUNDED BY WAS" INGTON'S CLIMATE 1� COMMITMENT ACT US-2 Pedestrian and Multlmodal SR425/9th Avenue crossing improvements Miles O 50 0 50 rA https://wsdot.wa.gov/business-wsdot/support-local-programs/fundii ' programs/sandy-williams-connecting-communities-program Packet Pg. 105 Sandy Williams Connecting Communities 66.° Program Project example: Martin Way, Thurston County "[We need] consistent sidewalks... [I have] seen wheelchairs have to cross multiple times, and still have to go in the bike lane part of the way - not acceptable." "I have taken the bus to Lilly and Martin to go to the doctor's offices. Waiting to cross Martin Way and then walking up the road was a stressful and ugly experience." - Comments made by residents living in the Martin Way Corridor in Thurston County Packet Pg. 106 6.6.c Statewide Bicycle Education Program- $16.8M CCA Funds for 2023-2025 FUNOFO BY WASHINGTON'S CLIMATE 10 COMMITMENT ACT Packet Pg. 107 6.6.c Embike programs Photo: RYANJLANE/Getty Images FUNDED BY WASHINGTON'S _ CLIMATE COMMITMENT ACT ru Packet Pg. 108 Complete Streets for State omnspr lion Projects TO q • The Complete Streets requirement in RCW 47.04.035 is helping WSDOT advance projects that, when funded, will: — Improve safety and convenience for everyone — Provide for all modes of transportation and meet the needs of those who can't or don't drive — Create freedom of choice by enabling people to select and use the best mode of transportation for their trip — Facilitate mode shifts toward climate - friendly forms of transportation that support a healthier, safer community O m .y w seardr O Travel Construction&planning Business with WSDOT Engineering&standards About � Home Co tru on&planning Complete Streets Q Complete Streets Learn how we are creating a system that enables safe, convenient access for all types of transportation options -walking, biking, driving and riding transit. See a video introduction to Complete Streets at WSDOT C/. A transportation system that accommodates all forms of transportation is more efficient in the travel space provided, more accessible, safer, more economical and sustainable. Complete Streets is an approach to planning, designing, building, operating and maintaining the transportation system that enables safe and convenient access to destinations for all people, including pedestrians, bicyclists, motorists and transit riders. It uses a set of tools or treatments that create a more balanced and resilient transportation system. In 2022, the Washington State Legislature passed Senate Bil15974 (PDF 738KB) C/. the Move Ahead Washington package. It included a Complete Streets requirement added to RCW 47.04.035 L. which directs that'in order to improve the safety, mobility and accessibility of state highways, it is the intent of the Legislature that the department must incorporate the principles of complete streets with facilities that provide street access with all users in mind, including pedestrians, bicyclists and public transportation users" for "state transportation projects starting design on or after July 1, 2022 and that are $500.000 or more' Visual examples of Complete Streets -Ali depict roads that have dedicated bicyclist and pedestrian facilities. The first image is a linear segment (in Port Towmend), the second (in Walla Walla) and third (in Bethel l) are aerial News of a roundabout and signalized Related links FHWA Complete Streets L/ Washington State Active Transportation Plan M RSC Complete Streets 0 National Complete Streets C L Florida Complete Streets L/ Contact information Celeste Gilman Strategic Poliq Administrator Celeste.GilmanC.wsdotwaxm 206-492-0993 https://wsdot.wa.gov/construction-planning/complete-streE Packet Pg. 109 B.6.c Complete Streets - A More Balanced, Equitable, and Resilient 9 Transportation System m a 0 9,000 How many people can this street serve per hour? I:j li; 29,600 1,900 9,000 17,50017,500 How many people 11,000 NA-4w hrr 11,000 4. nu rend can this street 9,000 Av"'� d ea 9.� serve per hour? o MI setts 77,000 3,750 4.400 4.400 4400 3.750 =, J r r ,Iv Packet Pg. 110 0 Complete Streets and Level of Traffic Stress a L M 0 Ii1 d .y w O N 40 to o All people Most people Few people 1% of people le All riders Most riders Few riders 1 /o of riders N LTS 1 LTS 2 LTS 3 LTS 4 ® LTS 3 > LN We need not only consider physical constraints (Can we fit a bike lane here?), but also willingness to use facilities (How can we build a bike lane that people will feel comfortable using?) Packet Pg. 111 Active Transportation: WSDOT Complete Streets Complete Streets Projects U r� 9 • 0 0p - boo ° o , o • • o • o • • �o 0 • o o 0 00 o •I o 0 m o Programmed o Unprogrammed '"':� I former) programmed, moved off programmed list due to lack of funding)WSDOT - Active Transportation Division (ATD; 'd !ft' 6.6.c ru Packet Pg. 112 6.6.c Part.. in% with Communities • Encourage development of community's Complete Streets vision • New Active Transportation Assistance Program to help cities, counties, and tribes who haven't succeeded in existing grant programs • Plan for Level of Traffic Stress 2 or better bicycle and walking facilities • Work together on the Complete Streets design • State transportation projects are infrequent — consider other opportunities to move improvements forward Packet Pg. 113 6.6.c Celeste Gilman — Strategic Policy Administrator, Active Transportation Division, WSDOT Celeste. GiIman (a-)-wsdot.wa.gov 206.492.0993 il i SAFE 10SYSTEM APPROACH :�A ru Packet Pg. 114 6.6.d E11L co mm unitytran�Minutes Board of Directors' Meeting Thursday, May 2, 2024 Hybrid Meeting - 3 p.m. Board Members Present Mayor Christine Frizzell City of Lynnwood Council Member Heather Fulcher City of Monroe Council Member Jared Mead* Snohomish County Council Member Tom Merrill City of Snohomish Mayor Jon Nehring City of Marysville Lance Norton Labor Representative, non -voting Mayor Sid Roberts City of Stanwood Council Member Susan Paine City of Edmonds Council Member Strom Peterson* Snohomish County Council Member Jan Schuette City of Arlington Board Members Absent Mayor Joe Marine City of Mukilteo Council Member Kim Daughtry City of Lake Stevens Others Present** Roland Behee CT -Chief Operating Officer Mike Berman CT -Sr. Mgr. Tech Infrastructure Scott Eastman CT -Interim Safety Security Manager Veralee Estes CT -Senior Manager of Employee Relations Mike Gallagher City of Brier, Board Alternate Eunjoo Greenhouse CT -Chief Financial Officer Al Hendricks CT -Legal Counsel Jennifer Hass CT -Senior Manager of Innovation Ric Ilgenfritz CT -CEO Genevieve Jones Self Bethany Kline CT -Instructional Training Sophie Luthin CT -Strategic Planning Manager Molly Marsicek CT -Chief Customer Exp. & Innovation Officer Martin Munguia CT -Communications Manager Deb Osborne CT -Chief of Staff & Public Affairs Officer Geoff Patrick CT -Chief Communications Officer Julie Pearson Self Melody Smith CT -Executive Support Specialist Chas Stearns CT -Chief Information Officer Mike Swehla CT -Deputy Director Maintenance Jim Williams CT -Sr. Director Transportation Kyoko Matsumoto -Wright* City of Mountlake Terrace, Board Alternate Rachel Woods CT -Executive Programs Manager Uriel Ybarra CT -Government Relations Manager *Attended meeting remotely **Names of those who were confirmed as attendees are included, others who attended remotely without submitting their names a Packet Pg. 115 6.6.d Board of Directors' Meeting May 2, 2024 Page 2 Call to Order Chair Merrill called the May 2, 2024, Board of Directors' meeting to order at 3 p.m. The meeting was held at 2312 W. Casino Road, Everett, WA 98204 and by Zoom. The meeting was recorded and livestreamed. Roll Call of Members The Executive Board Administrator called roll. Attendance was as noted above. A quorum was present. Public Hearing: Fall 2024 Fare Change Proposal Chair Merrill opened the public hearing for the Fall 2024 Fare Change Proposal at 3:02 p.m. There were no public verbal comments and the Public Hearing closed at 3:03 p.m. Public Comment There were no public comments. Council Member Paine arrived at 3:05 p.m. Presentations Innovative Services — Pilot Area Recommendation Jennifer Hass, Senior Manager of Innovation, and Molly Marsicek, Chief Customer Experience & Innovation Officer, presented the Innovative Services pilot recommendations for the cities of Arlington, Darrington, and Lake Stevens. The pilot background and rosters for the community working groups were shared. The recommendation was for all three cities to try microtransit pilots. Arlington and Lake Stevens would test a point to hub model, Darrington would test service with an advance scheduling program. Next steps included sharing these plans with the respective city councils and selecting a vendor to provide the pilot service. The pilot service launch date was expected for Q4 2024. The Board asked questions. Chief Executive Officer's Report CEO Ilgenfritz provided a summary of recent activities including co -hosting a visit of the Washington State Transportation Commission along with Snohomish County and Edmonds. Community Transit hosted the April Snohomish County Committee for Improved Transportation (SCCIT) meeting. CEO Ilgenfritz attended a ribbon cutting event for ZeroAvia, a manufacturer of hydrogen -electric plane engines and participated in a preview ride of the Sound Transit 2 line. Legislative activities included recently submitting an application to the FTA for the Low or No Emissions Grant Program. The following week CEO Ilgenfritz would participate in the Economic Alliance of Snohomish County annual D.C. Fly -In to promote Snohomish County interests and the importance of continued investment in transportation infrastructure. CEO Ilgenfritz approved a change order to increase contract funding for the Zip Alderwood Shuttle Service to support service growth. This change was within the CEO's authority. The State Audit Entrance Conference was scheduled for May 13 at 10 a.m. The Chief Human Resources Officer had announced his departure from the agency and CEO Ilgenfritz thanked him for his service to the agency and introduced Veralee Estes, Senior Manager of Employee Relations who will be serving in an interim role leading the Employee Engagement Department. E Packet Pg. 116 6.6.d Board of Directors' Meeting May 2, 2024 Page 3 Committee Reports Executive Committee Chair Merrill reported on the April 18, 2024, meeting. The CEO report was provided, and the May Executive Committee meeting would be rescheduled to a new date. Finance, Performance, and Oversight Committee Mayor Roberts reported on the April 18, 2024, meeting. The Committee reviewed and forwarded the March 2024 monthly expenditures and payroll vouchers to the consent agenda. They reviewed and forwarded the award of RFP #2019-035, Coach and Swift Station Voice and Data Services, to the action agenda. Staff provided the following informational reports: • Sole Source #2023-088, Zip Alderwood Shuttle • Innovative Services — Pilot Area Recommendations • Q4 2023 and Q1 2024 Transit Police Report The next meeting was scheduled for May 16, 2024, at 2 p.m. Strategic Alignment & Capital Development Committee Mayor Frizzell reported on the April 17, 2024, meeting. The Committee received an informational update regarding the Innovative Services Pilot Area Recommendations and forwarded it to the Board agenda. The next meeting was scheduled for May 15, 2024, at 2 p.m. Consent Calendar Mayor Nehring moved to approve items A through H on the consent calendar. a. Approve minutes of the April 4, 2024 Board Meeting. b. Approve minutes of the April 18, 2024 Board Workshop. C. Approve vouchers dated March 01, 2024 in the amount of $3,121,302.11 d. Approve vouchers dated March 08, 2024 in the amount of $5,341,485.74 e. Approve vouchers dated March 15, 2024 in the amount of $3,334,921.30 f. Approve vouchers dated March 22, 2024 in the amount of $2,751,040.98 g. Approve vouchers dated March 29, 2024 in the amount of $5,812,558.65 h. Approve March 2024 Payroll: i. Direct Deposits Issued, #453735-455545 in the amount of $4,659,248.18 ii. Paychecks Issued, #111993-112052 in the amount of $50,233.81 iii. Employer Payroll Tax Deposits in the amount of $521,185.20 iv. Employer Deferred Compensation for IAM in the amount of $12,256.60 The motion was seconded by Council Member Schuette and passed unanimously. Action Items Award RFP 2019-035 Coach and Swift Station Voice and Data Services Mike Berman, Senior Manager Technology Infrastructure, reviewed the recommended communications platform and the type and quantity of devices included in the contract. The Voice over Internet Protocol (VoIP) system provided voice and data communications to coaches, Swift 3 Packet Pg. 117 6.6.d Board of Directors' Meeting May 2, 2024 Page 4 stations, and supervisor vehicles and was considered a life -safety system. The current contract was with Verizon Wireless. The State had exercised a five-year option, extending the Verizon contract through August 30, 2029. Pricing was determined to be fair and reasonable based on competition and historical spend. Mayor Roberts moved that the Board of Directors authorize the Chief Executive Officer to negotiate and award a contract using the State of Washington contract #04718 (RFP #2019-035) Coach and Swift Station Voice and Data Services to Verizon Wireless, in the amount not to exceed $2,340,000 for a contract period of five years, to August 30, 2029.The motion was seconded by Council Member Schuette and passed unanimously. Chair Report The next regular Board Meeting was scheduled for June 6, 2024 at 3 p.m. Board Communication Board members shared news of local events taking place in their communities. Mayor Frizzell reminded the Board to save the date for the Lynnwood Link Extension opening on August 30. Adjourn The meeting adjourned at 3:58 p.m. #4� 'uw�p Rachel Woods Executive Programs Manager IT Packet Pg. 118 6.6.e NNIL �o mm unitytransit ' Memorandum To: Board of Directors From: Ric Ilgenfritz, Chief Executive Officer Date: June 6, 2024 Subject: CEO Report Regional Engagement & Partnership Updates ArfivitIP.S Last month I participated in the Economic Alliance of Snohomish County D.C. Annual Fly -in with partners from Snohomish County, including Board Member and Snohomish County Council Member Strom Peterson. We met with our Congressional delegation to promote Snohomish County interests, including the importance of continued federal investment in transportation infrastructure. In May, our agency hosted a Microtransit Symposium with transit agencies from around the region, including union leadership, to share best practices, expertise, and challenges to operating microtransit This is part of our ongoing effort to develop a sustainable strategy for delivering microtransit services within the PTBA. We have several city council presentations scheduled in June. Presentations on our Innovative Service Program's recommended microtransit pilot projects will take place in each of their respective service areas. The Lake Stevens presentation took place on Tuesday, with Darrington scheduled for June 12 and Arlington for June 24. We are kicking off Swift Gold Line public engagement with presentations to the city councils in Marysville June 24 and Arlington July 8, as well as the Everett Transit Advisory Committee June 20. Details are being finalized to also present to the Everett City Council. We will launch the first round of community engagement July 11 and take input through August 7. Regional Partnerships Last week Sound Transit CEO Goran Sparrman and members of the Sound Transit team visited Community Transit in support of the ongoing ST Express operations and for a tour of the Kasch Park base. Sound Transit has been invited to present at the August 1 Board meeting, our last Board meeting prior to the August 30 Lynnwood Link opening. Legislative Report More good news regarding the congressional Community Directed Spending funding process: Senator Cantwell advanced Community Transit's request for $5 million for zero emission buses, while Senator Murray included our request for $3 million for Swift Gold Line planning and design. These come on the heels of news last week that Rep. Larsen included a $3 million request for zero emissions buses and Representative DelBene included a $3.75 million request for the Swift Green Line Extension Southern Terminal Facility. Operations and Performance Swift Ridership Across all Community Transit bus service, ridership was up 23% over April 2023. Throughout April, there have been more than 27,000 average weekday boardings on Community Transit buses. During its first month in service, the Swift Orange Line recorded 50,355 boardings. Packet Pg. 119 6.6.e In March 2024, the Swift Blue Line and Swift Green Line accounted for 37% of boardings on Community Transit bus services. In April 2024, after the addition of Swift Orange Line, Swift's share of our bus boardings grew to 44%. The Zip Alderwood Service saw its highest ridership month yet with 5,455 boardings in May. DART Paratransit DART service reliability and call center wait times have improved over the past three months. The contractor has added staff and brought in new management. We continue a weekly executive standup meeting to monitor performance and address issues. Further improvement is needed, but service quality is moving in the right direction. We are administering a DART customer survey to gather input to inform our efforts. Schedule Changes This Saturday, minor adjustments will be made to our bus schedules including adjusting the Swift Orange Line run times to increase performance, especially at the Edmonds College end of the line. Programs & Protects 2024 Network Implementation The Board received a briefing at your April workshop regarding the agencywide efforts underway to implement the 2024 network on September 14 and communicate with customers to ready them for the changes. We will be recapping for the Board at your August meeting the various changes for customers and communities across our service area. Lynnwood RideStore The new RideStore structure is up with the walls and roof just recently put in place. Our goal is to complete construction in mid -August to move the RideStore staff in and begin serving customers by the August 30 launch and the September 14 service change. June Community and Agency Activities June is Ride Transit Month in the state of Washington, and we are joining in encouraging everyone to ride public transit all month long. We hope community members get onboard and join us in celebrating public transit's important role in our communities. June is also National Safety Month and Pride Month. Over the weekend we participated in the Snohomish Pride Parade and had employees marching alongside our bus and staffed a community engagement booth. Later this month, Community Transit will observe Juneteenth as a paid holiday for the first time, while continuing to operate normal service. Marketing Awards The Marketing team recently won national honors in the form of four Telly Awards. Established in 1979, Telly Awards honor excellence in video and television, generating more than 13,000 entries globally. Credits for our submissions go to team members Andrew Brown, Scott Glassman, Rory Graves, Jamie Johns, Mark Tucci and Hayley Wright. Their efforts have been central to our success in recruiting talent to the agency and attracting and retaining customers to our services. • Gold Telly Winner in Local TV — Transportation: Destinations - Ride Local. Love Local • Bronze Telly Winner in Local TV — Transportation: Youth Ride Free - Cats • Gold Telly Winner in Local TV — Recruitment: Recruitment - Patches • Silver Telly Winner in Local TV — Recruitment: Recruitment - Busload of Benefits Page 2 Packet Pg. 120 6.6.f PORT COMMISSION OF THE PORT OF EDMONDS MINUTES OF REGULAR MEETING MAY 13, 2024 COMMISSIONERS PRESENT Jay Grant, President David Preston, Vice President 0 Janelle Cass, Secretary Q. Steve Johnston a� Selena Killin E E 0 U STAFF PRESENT Brandon Baker, Deputy Executive Director W 0 Tsz Yan Brady, Director of Finance and Administration m Brittany Williams, Manager of Properties and Economic Development 0 N O OTHERS PRESENT y c Jordan Stephens, Port Attorney 0 I. CALL TO ORDER President Grant called the meeting to order at 7:00 p.m. II. FLAG SALUTE All those in attendance participated in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA COMMISSIONER PRESTON MOVED TO APPROVE THE AGENDA AS SUBMITTED. COMMISSIONER JOHNSTON SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. IV. PUBLIC COMMENTS (Each comment shall generally be limited to 3 minutes or less and shall be limited to Port business) • No public comments were provided. V. CONSENT AGENDA COMMISSIONER JOHNSTON MOVED THAT THE CONSENT AGENDA BE APPROVED TO INCLUDE THE FOLLOWING ITEMS. COMMISSIONER PRESTON SECONDED THE MOTION, WHICH Packet Pg. 121 CARRIED UNANIMOUSLY 6.6.f A. Approval of April 29, 2024 Meeting Minutes B. Approval of Payments in the amount of $293,159.88 VI. PRESENTATIONS A. Recreational Boating Association of Washington — Guest Speaker Bob Wise, President of the Recreational Boating Association of Washington (RBAW), presented about the association. RBAW has been around for over 65 years and supports the needs of recreational boaters through advocacy, awareness, preservation, and growth of boating opportunities in our state. The work they do directly affects every boater on Washington waters. Since its formation, RBAW has been instrumental in supporting the needs of the recreational boating community and helping grow it to represent the owners of over 250,000 boats on Washington waters. RBAW is an organization of passionate boaters carrying out statewide advocacy of recreational boating issues and opportunities through their volunteer board. Bob led RBAW to create the 501c3 "RBAW Marine Parks Conservancy" —an effort to acquire land for marine parks. In the most recent effort, the Lakebay Marina redevelopment, RBAW secured $206,000 in the state capital budget for continued renovation work. This additional money brings the total to over $500,000 obtained over the last two legislative sessions to continue renovating the Lakebay Marina. VII. POSSIBLE ACTION A. Adoption of Port of Edmonds Strategic Plan 2024-2030 The commission discussed the presented draft of the Strategic Plan 2024-2030. After discussion and some minor modifications, the commission adopted the Port of Edmonds Strategic Plan 2024-2030. COMMISSIONER PRESTON MOVED THAT THE PORT OF EDMONDS STRATEGIC PLAN 2024-2030 BE ADOPTED WITH THE MODIFICATIONS DISCUSSED, ALLOWING FOR EDITORIAL CHANGES AS NEEDED. COMMISSIONER CASS SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. VIII. INFORMATION Packet Pg. 122 6.6.f A. 2023 Annual Financial Report Director of Finance and Administration Brady reviewed the highlights of the 2023 Annual Financial Report. Key Takeaway • The Port has a history of monitoring our financial position effectively based on a 5 year trend analysis. However, we are facing a challenge due to the North Portwalk and Seawall Reconstruction Project since the capital expenditure will be significantly high for the size of our Port . We are applying for grants, and we will also be evaluating other revenue streams. Meanwhile, we will continue documenting and anticipating other future capital projects and their impact. Next Step • The preliminary 2023 year-end financial statements were previously presented to the Commission on February 12th, 2024. As required by the State of Washington, the final annual report is being presented in the Budgeting, Accounting and Reporting (BARS) format and will be submitted to the State Auditors Office and available on the Port's website in the upcoming weeks. • Since the February 12th, 2024 meeting, the Pension/OPEB expenses (GASB 68 and 75) and Fair Value Measurement (GASB 72) are incorporated in the financials along with any other necessary adjustments. IX. CITY OF EDMONDS AND WOODWAY REPORTS There were no updates to report. X. EXECUTIVE DIRECTOR'S REPORT There were no updates to report. XI. COMMISSIONER'S COMMENTS AND COMMITTEE REPORTS d E • Commissioner Preston —Attending WPPA Spring meeting this week. • Commissioner Johnston — Nothing to report. a • Commissioner Killin —Attending WPPA Spring meeting this week. There was a special meeting of the Edmonds Economic Development Commission and they approved our additional letter of support for the North Portwalk & Seawall project. • Commissioner Cass — Discussed the recent topics at the City of Packet Pg. 123 6.6.f Edmonds meetings. Also shared she will attend the Watershed days at the hatchery this Saturday. • Commissioner Grant — Mentioned the upcoming City of Edmonds Comprehensive Planning meetings and reported on his recent meeting with the Mayor of Lynnwood. XII. EXECUTIVE SESSION There was no Executive Session. XIII. ADJOURNMENT The Commission meeting was adjourned at 8:52pm. Janelle Cass, Port Commission Secretary TAGS: 2023 Annual Financial Report, 2024 Port of Edmonds Commission Meeting Minutes, Adoption of Port of Edmonds Strategic Plan 2024-2030, Recreational Boating Association of Washington — Guest Speaker Packet Pg. 124 6.6.g PORT COMMISSION OF THE PORT OF EDMONDS MINUTES OF REGULAR MEETING May 28, 2024 COMMISSIONERS PRESENT Jay Grant, President David Preston, Vice President o Janelle Cass, Secretary Q. Steve Johnston a� Selena Killin E E 0 U STAFF PRESENT Angela Harris, Executive Director W 0 Brandon Baker, Deputy Executive Director m Tsz Yan Brady, Director of Finance and Administration d N Brittany Williams, Manager of Properties and Economic Development o OTHERS PRESENT Jordan Stephens, Port Attorney John Brock, Town of Woodway I. CALL TO ORDER President Grant called the meeting to order at 7:00 p.m. II. FLAG SALUTE All those in attendance participated in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA COMMISSIONER JOHNSTON MOVED TO APPROVE THE AGENDAAS SUBMITTED. COMMISSIONER CASS SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. IV. PUBLIC COMMENTS (Each comment shall generally be limited to 3 minutes or less and shall be limited to Port business) • No public comments were provided. V. CONSENT AGENDA COMMISSIONER PRESTON MOVED THAT THE CONSENT Packet Pg. 125 6.6.g AGENDA BE APPROVED TO INCLUDE THE FOLLOWING ITEMS. COMMISSIONER JOHNSTON SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. A. Approval of Payments in the amount of $249,674.12 B. Authorization for Executive Director to Write off $6,405.03 VI. PRESENTATIONS A. Annie Crawley Update • On, April 28, 2024, Annie Crawley led her scuba team in another successful marina cleanup dive at the Port of Edmonds. She provided details of the dive, and shared that she is presenting at Our Underwater Backyard on June 13 from 6-8pm if anyone from the Port would like to attend. B. Puget Sound Regional Council • Josh Brown is the Executive Director of the Puget Sound Regional Council and joined to provide an overview of PSRC to the commission. PSRC works to support a thriving central Puget Sound region through planning for growth, transportation, and economic development. PSRC provides more than $250 million annually to fund transportation projects and serves as a resource for regional data on transportation, the economy, population, and housing. VII. POSSIBLE ACTION There were no action items on the agenda. Vill. CITY OF EDMONDS AND WOODWAY REPORTS • Commission Brock provided an update that Woodway has now completed annexation of Port Wells into the Town of Woodway. IX. EXECUTIVE DIRECTOR'S REPORT Executive Director Harris provided the following updates: • Shared that staff is continuing to show the Administration building commercial space. When we have a potential viable tenant, we will come to the Commission to discuss tenant improvements. It is expected that the Port will want to consider some cost share on build - out of the space. • Provided a brief update on the projects at Harbor Square with Packet Pg. 126 6.6.g IVldlldl,. Cl VI rl VpCILICJ dllU CI.VIIVlllll. LJCVCIVp111CIIl VVIIIIdIIIJ providing more detail. X. COMMISSIONER'S COMMENTS AND COMMITTEE REPORTS • Commissioner Killin — Provided an update from the WPPA Spring Conference and the Edmonds Economic Development Commission meeting. • Commissioner Cass — thanked staff for great response to the recent medical emergency at the Port. Mentioned the last two meetings at the City (Emergency management) have been canceled. Executive Director Harris provided an update on her recent discussions. Commissioner Cass asked about our Sea lion policy. Deputy Executive Director Baker provided an overview of our policy. • Commissioner Johnston —Attended the Memorial Day service at the Edmonds Plaza Monday. • Commissioner Preston —Attended Memorial Day service at the cemetery. Provided an update from WPPA Spring Conference. Provided an update from the recently attended Economic Alliance of Snohomish County event. • Commissioner Grant — Gave updates on City of Edmonds and emergency management through other associations he is engaged with and the need to ensure emergency management coordination across the local area. XI. WORKSHOP A. Association Engagement • Commissioners discussed conferences and engagement with PNWA, AAPA and WPPA. Commissioners discussed as part of the 2025 budget process possibly considering allocation of individual travel costs at that time. For 2024, Executive Director will create a list of all conferences for the rest of this year and associated costs with each and distribute to the commission. Another workshop discussion will follow on June 24. XII. EXECUTIVE SESSION There was no Executive Session. XIII. ADJOURNMENT The Commission meeting was adjourned at 8:58pm. Packet Pg. 127 6.6.g Janelle Cass Port Commission Secretary Commission Meeting Minutes 5-13-24 PORT COMMISSION OF THE PORT OF EDMONDS MINUTES OF REGULAR MEETING MAY 13, 2024 COMMISSIONERS PRESENT Jay Grant, President David Preston, Vice President Janelle Cass, Secretary Steve Johnston Selena Killin STAFF PRESENT Brandon Baker, Deputy Executive Director Tsz Yan Brady, Director of Finance and Administration Continue reading 0 Port Of Edmonds PORT COMMISSION OF THE PORT OF EDMONDS MINUTES OF REGULAR MEETING nn ov 1 � ')n?n Packet Pg. 128 COMMISSIONERS PRESENT Jay Grant, President David Preston, Vice President Janelle Cass, Secretary Steve Johnston Selena Killin 0 Q- a� a: STAFF PRESENT r Brandon Baker, Deputy Executive Director Tsz Yan Brady, Director of Finance and Administration 0 Brittany Williams, Manager of Properties and Economic Development = 0 W L OTHERS PRESENT 0 m Jordan Stephens, Port Attorney 0 .N 0 0 I. CALL TO ORDER President Grant called the meeting to order at 7:00 p.m. c II. FLAG SALUTE All those in attendance participated in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA COMMISSIONER PRESTON MOVED TO APPROVE THE AGENDA AS SUBMITTED. COMMISSIONER JOHNSTON SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. IV. PUBLIC COMMENTS (Each comment shall generally be limited to 3 minutes or less and shall be limited to Port business) • No public comments were provided. V. CONSENT AGENDA COMMISSIONER JOHNSTON MOVED THAT THE CONSENT AGENDA BE APPROVED TO INCLUDE THE FOLLOWING ITEMS. COMMISSIONER PRESTON SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. A. Approval of April 29, 2024 Meeting Minutes B. Approval of Payments in the amount of $293,159.88 Packet Pg. 129 6.6.g VI. PRESENTATIONS A. Recreational Boating Association of Washington — Guest Speaker Bob Wise, President of the Recreational Boating Association of Washington (RBAW), presented about the association. RBAW has been around for over 65 years and supports the needs of recreational boaters through advocacy, awareness, preservation, and growth of boating opportunities in our state. The work they do directly affects every boater on Washington waters. Since its formation, RBAW has been instrumental in supporting the needs of the recreational boating community and helping grow it to represent the owners of over 250,000 boats on Washington waters. RBAW is an organization of passionate boaters carrying out statewide advocacy of recreational boating issues and opportunities through their volunteer board. Bob led RBAW to create the 501c3 "RBAW Marine Parks Conservancy" —an effort to acquire land for marine parks. In the most recent effort, the Lakebay Marina redevelopment, RBAW secured $206,000 in the state capital budget for continued renovation work. This additional money brings the total to over $500,000 obtained over the last two legislative sessions to continue renovating the Lakebay Marina. VII. POSSIBLE ACTION A. Adoption of Port of Edmonds Strategic Plan 2024-2030 The commission discussed the presented draft of the Strategic Plan 2024-2030. After discussion and some minor modifications, the commission adopted the Port of Edmonds Strategic Plan 2024-2030. COMMISSIONER PRESTON MOVED THAT THE PORT OF EDMONDS STRATEGIC PLAN 2024-2030 BE ADOPTED WITH THE MODIFICATIONS DISCUSSED, ALLOWING FOR EDITORIAL CHANGES AS NEEDED. COMMISSIONER CASS SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. VIII. INFORMATION A. 2023 Annual Financial Report Director of Finance and Administration Brady reviewed the highlights of the 2023 Annual Financial Report. Packet Pg. 130 6.6.g Key Takeaway • The Port has a history of monitoring our financial position effectively based on a 5 year trend analysis. However, we are facing a challenge due to the North Portwalk and Seawall Reconstruction Project since the capital expenditure will be significantly high for the size of our Port . We are applying for grants, and we will also be evaluating other revenue streams. Meanwhile, we will continue documenting and anticipating other future capital projects and their impact. Next Step • The preliminary 2023 year-end financial statements were previously presented to the Commission on February 12th, 2024. As required by the State of Washington, the final annual report is being presented in the Budgeting, Accounting and Reporting (BARS) format and will be submitted to the State Auditors Office and available on the Port's website in the upcoming weeks. • Since the February 12th, 2024 meeting, the Pension/OPEB expenses (GASB 68 and 75) and Fair Value Measurement (GASB 72) are incorporated in the financials along with any other necessary adjustments. IX. CITY OF EDMONDS AND WOODWAY REPORTS There were no updates to report. X. EXECUTIVE DIRECTOR'S REPORT There were no updates to report. XI. COMMISSIONER'S COMMENTS AND COMMITTEE REPORTS • Commissioner Preston —Attending WPPA Spring meeting this week. • Commissioner Johnston — Nothing to report. • Commissioner Killin —Attending WPPA Spring meeting this week. There was a special meeting of the Edmonds Economic Development Commission and they approved our additional letter of support for the North Portwalk & Seawall project. • Commissioner Cass — Discussed the recent topics at the City of Edmonds meetings. Also shared she will attend the Watershed days at the hatchery this Saturday. • Commissioner Grant — Mentioned the upcoming City of Edmonds Packet Pg. 131 6.6.g Comprehensive Planning meetings and reported on his recent meeting with the Mayor of Lynnwood. XII. EXECUTIVE SESSION There was no Executive Session. XIII. ADJOURNMENT The Commission meeting was adjourned at 8:52pm. Janelle Cass, Port Commission Secretary TAGS: 2024 Port of Edmonds Commission Meeting Minutes, Annie Crawley Update, Josh Brown is the Executive Director of the Puget Sound Regional Council and joined to provide an overview of PSRC to the commission, WORKSHOP - Association Engagement Packet Pg. 132 6.6.h SNOHOMISH COUNTY SNOHOMISH COUNTY 911 BOARD OF DIRECTORS BOARD MEETING AGENDA s = June 20, 2024 at 8:30 a.m. Web Conference — Join Zoom Meeting https://uso2web.zoom.us/i/86274396181 Meeting ID: 860 00 46 6014, Passcode: 195881 or dial +1 253 215 8782 Physical location: 1121 SE Everett Mall Way, Everett Police Department, South Precinct. Please note that most Board members and staff attend the meeting remotely. However, pursuant to RCW 42.30, a physical location is also provided. 1. Call to Order A. Roll Call B. Announcements C. Public Comment Policy: Public Comments limited to 3 minutes on discussion items related to agency business. 2. Approval of Agenda 3. Consent Agenda A. Minutes from the May 16, 2024 Regular Board Meeting B. May 2024 Blanket Voucher & Payroll Approval Form i. Checks 1045-1050, 18831-18950, for a total of $5,381,943.41 ii. Payroll Direct Deposit, in the amount of $1,380,744.58 C. Acceptance of Medic One Grant for PulsePoint 4. Old Business A. Legislative Approvals of ILA Changes (Update) B. Regional Resiliency Test & Case Study 5. New Business A. Tyler/NWS CAD, Mobile, Records & Corrections Contract B. RRP Final Coverage Acceptance Test Plan (CATP) C. 2025 Budget Assumptions 6. Reports A. Agency Report B. New Facility Project Update C. Radio Replacement Project (RRP) D. Police TAC Packet Pg. 133 6.6.h E. Fire TAC 7. Committee Reports A. Finance Committee B. Personnel Committee (no meeting) C. Future Facility Committee (no meeting) D. EMS Joint Task Force E. County EESCS Committee (formerly County E911 Office) F. County ECSF Program Advisory Board 8. Executive Session, if any 9. Good of the Order 10. Adjourn - The next meeting is scheduled for July 18, 2024 Packet Pg. 134 6.7 City Council Agenda Item Meeting Date: 06/25/2024 Planning Board Quarterly Update Staff Lead: N/A Department: Planning Division Preparer: Scott Passey Background/History N/A Staff Recommendation For information only. Narrative Planning Board Quarterly Update submitted for filing. Attachments: Planning Board Memo to Council 6-20-2024 Packet Pg. 135 6.7.a MEMORANDUM To: Edmonds City Councilmembers & Mayor Rosen From: Edmonds Planning Board Date: June 20, 2024 CC: Edmonds Planning Board, and Planning and Development Staff Re: Quarterly Update on Planning Board Activities Mayor Rosen and Councilmembers, The Planning Board would like to provide a brief summary of items in progress as well as items to draw early attention to. With the recent Council consideration and adoption of CARA and ADU/DADU code amendments in the first and second quarters of this year, you have seen a lot of what the Planning Board has been working on. Below are items that the board feels compelled to give a status update on, most of which will receive a recommendation to Council once fully vetted: CIP/CFP Review In 2023, the Planning Board was asked to review the Edmonds CIP and CFP by late September. The materials — including about 100 projects without a clear rationale for ranking prioritization — were delivered to the Planning Board two weeks before the recommendation was needed. As comprehensive as the CIP / CFP plans are, a review in that time and without the support of a prioritization rationale was not possible and therefore the Planning Board could not provide the Council with a properly vetted recommendation. For 2024, the Planning Board has requested that the draft CIP/CFP plans be provided to us earlier, whether in whole or in part, or at a minimum, provide the rationale for ranking project prioritization earlier so that the Planning Board can have the background context to the prioritization order so when the draft plan does come to us, we will have the ability to evaluate and potentially turn around a recommendation to Council in the condensed timeline that is currently planned. Green Building Incentives Code The Planning Board has been reviewing model code for Green Building Incentives, a code framework that incentivizes sustainable building practices through certification programs such as LEED or Energy Star. Land -use incentives for pursuing these programs can either be building height, setbacks, parking, or lot coverage. The program is in response to the adopted Climate Action Plan. The Planning Board is generally in support of the code although requested that staff look into more stringent penalties beyond a performance bond that are commensurate to the incentives the building took advantage of. This is an ongoing development that will come back to the board in the next couple of months to formalize a recommendation. Packet Pg. 136 6.7.a Tree Canopy and Tree Code Currently, the work to create tree -protection code for private property is on hold until Edmonds has decided on a tree canopy target (percentage of coverage), how much shade from trees Edmonds wants per acre — and if that percentage is adequate to model code around a "no net loss" or a "net gain". A consultant report suggests Edmonds is currently losing 1 % of its canopy each year, and, even if the maximum number of new trees were added to public property, Edmonds would still not be able to make up for the current 1 % annual tree loss. If the 1 % loss appeared in coming years, maintaining or growing the Edmonds tree canopy would require interventions to promote more trees on private property. Comprehensive Plan Update (Due December 31 st, 2024) The Planning Board's work in the next few months will be heavy on the Comprehensive Plan. Coming off of a series of staff and consultant coordinated public engagement efforts and joint meetings with the Edmonds Economic Development Commission, the Planning Board will be prioritizing review of each of the elements and assisting with drafting policy goals. We will also be reviewing the Draft Environmental Impact Statement (DEIS) and evaluating the mitigation for each growth alternative which will help guide a preferred growth alternative. A joint meeting with Council may be prudent once the public engagement data has been compiled, the DEIS has been vetted, and first pass at draft policy goals has been created. Planning Board Staffing Incoming: The Planning Board welcomed two new members, Lee Hankins and Steven Li who both have been great contributors and engaged in the discussions included a full seven members and an alternate in May. Departing: After many years of much appreciated service, Richard Kuehn has resigned from the Planning Board. Steven Li will now supplement the voting member, Position #4, leaving an opening for the board's alternate position. Packet Pg. 137 7.1 City Council Agenda Item Meeting Date: 06/25/2024 Approval of Council Special Meeting Minutes June 4, 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: 2024-06-04 Council Special Minutes Packet Pg. 138 7.1.a EDMONDS CITY COUNCIL SPECIAL MEETING DRAFT MINUTES June 4, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER STAFF PRESENT Beckie Peterson, Council Executive Assistant Jeff Taraday, City Attorney Scott Passey, City Clerk The special Edmonds City Council meeting was called to order at 5:30 pm by Mayor Rosen in the Brackett Room, 121 5th Avenue North, Edmonds, and virtually. Mayor Rosen described the procedures for the meeting; each agenda item is scheduled for 20 minutes, there will be about a five minute introduction/overview, followed by two minutes for each councilmember in order of council position to ask a question and get an answer or to make a comment. 2. COUNCIL BUSINESS 1. INFORMATION REGARDING OPTION TO FORM EDMONDS FIRE DEPARTMENT Councilmember Tibbott said this agenda item will focus on the updated Fitch report and updated information received about the options. In the updated Fitch report, the cost of Option 1, annex into South County Fire RFA is $18.7M; the cost of Option 2, contracting with Shoreline Fire Department remains unchanged ($24.9M); and the cost of Option 3, create Edmonds Fire Department, decreases to $18.8M which reflects a reduction in cost by starting with used equipment. He pointed out the option to create the City's own department is near parity with joining the RFA. In asking Bill Sturgeon, Fitch, what that $18.8M buys the City, he said it was basic fire service and did not include for example waterfront fire suppression, rescue service, or community paramedics. Councilmember Tibbott referred to the comparison of implementation tasks and timelines, Option 1 is about 24 months, Option 2 is 24-36 months, and Option 3, forming an Edmonds Fire Department starting with used equipment, the timeline decreases by 12 months to 24 months, which is rough parity with annexing into the RFA. He reiterated Option 3 is setting up a basic fire department, not including all the services residents have come to expect with the RFA. It is an apples to apples comparison but the apples for starting the Edmonds Fire Department has a bite or two out of them. It will take longer than 24 months to provide Edmonds City Council Draft Minutes June 4, 2024 Page 1 Packet Pg. 139 7.1.a all the services residents have come to expect with the RFA if the choice is to have a Edmonds Fire Department that provides all those services. Councilmember Tibbott recalled at the PSPHSP committee meeting, he asked about administrative costs that the City be required to provide and was provided a list of those services. He asked for Mayor Rosen's assistance in tracking down those numbers. Mayor Rosen relayed his staff reached out to Mukilteo who has their own fire department, the council sought updated numbers from Fitch, and additional information was requested from SCF. There are a number of variables because it is all choices related to the type of service, type of equipment, etc. For reference, Mukilteo's cost is $6M/year for 2 stations and half the population; doubling the population and adding another station, puts their cost in about the $16M range. Building the City's own fire department, the number he calculated is close Fitch's, approximately $19-20M. There are other impacts of building the City's own fire department including startup; while the City is preparing to provide services, the City will still need contract for fire and EMS services while building up its own stations. Mayor Rosen continued, there are also impacts on HR of hiring 50 people, payroll, accounts payable, equipment maintenance, mandatory training, etc., for which the City would lose the economy of scale, and establishing a replenishment fund (B fund) for trucks and equipment. If it is assumed a truck has a 15 year life and the department keeps it for another five years for backup, that reserve fund would need to be established quickly. There are also things an Edmonds Fire Department would not have to do such as CPR training because there are other organizations that provide that and distribution of devices such as smoke alarms. In terms of economy of scale, it is worth mentioning insurance, SCF has a medical provider on staff which their staff uses to catch things early and they are very medicine compliant and they also self -insure. Mukilteo is the same union as SCF but a different local and do not pay the same rates. In terms of recruitment, in a competitive environment, the rates will be somewhat different, which impacts how long personnel stay if other openings occur at a higher pay and who might be interested in the position at those salary levels. Mayor Rosen relayed it had been discussed with SCF whether it would be possible to get some of their staff if the City were to form its own department. SCF plans to ask the fire commission for 10-15 more staff so that would not necessarily happen. Even if Edmonds formed its own department, it would not necessary be that everyone working for SCF in Edmonds would go to the new department. Councilmember Tibbott pointed out that information was obtained since the PSPHSP committee meeting to help with developing a preferred option. Mayor Rosen pointed out the $19M approximate cost to form Edmonds' own fire department is an annual number and does not include startup costs such as acquiring equipment when the City is not yet providing service. Councilmember Eck expressed appreciation for Mayor Rosen sharing what he learned from Mukilteo, relaying there were things she had not thought of. In thinking about not having community paramedics, that service primarily helps seniors and without that program, many vulnerable seniors in the community would suffer. For her Option 3 was not a viable option because it did not have a community paramedic program. With regard to recruitment, retention and training required for Option 3, and no guarantees that would go smoothly, it seems the timing from Fitch is an averaged best case scenario. She had not thought about the cost of administration of recruiting and backfilling positions and addressing HR issues. Another expense that may not have been considered is vehicle maintenance. There are a lot of things related to the City having its own fire department that have not been fully encapsulated in this conversation. At a time when the council is looking hard at everything the City is doing, there are a lot of unknowns and things that could creep up with Option 3. Edmonds City Council Draft Minutes June 4, 2024 Page 2 Packet Pg. 140 7.1.a Councilmember Chen said he wanted to take this opportunity to address something that has come up in email and been floating in the community, the fire benefit charge. The benefit charge is tool used to charge businesses to balance out the benefit they receive from the fire service which eases the cost for residential homeowners. The average accessed value of Edmonds homes comparable to neighboring cities is slightly higher, the City's assessed value is $15-16B. If the council chose Option 1, annex into SCF RFA, he asked if there would be a future discussion regarding how the benefit charge applies to the City of Edmonds versus the other members of SCF RFA or was it a straight forward application to all members. Mayor Rosen answered with the benefit charge everyone is treated the same. The benefit charge can go up to 60%; the RFA has the lowest benefit charge in the state. Mr. Taraday advised the benefit charge is on the ballot in August to be renewed for 10 years. Mayor Rosen explained the RFA can raise the level without a vote; voters approve the RFA having a benefit charge, but commissioners have the authority to increase the amount. Due to the Edmonds' profile, the higher the benefit charge is, the lower the cost for the average homeowners is. The benefit charge is beneficial to the City and to the SCF RFA as it provides a stable revenue stream. With regard to Option 3 and starting a replacement fund, Councilmember Dotsch asked if SCF had already been compiling funds to replacement equipment and if so, did the City get those funds if it annexed into the RFA. Mayor Rosen offered to follow up on that. Council President Olson answered the City's contract is a contract for service and the City would not entitled to reserves from the RFA. That can be verified and confirmed, but she was almost 100% certain the City did not have access to those funds. With regard to purchasing equipment per the contract, Council President Olson said that was a really significant thing and she thanked the residents who brought that to the City's attention. It was previously an unknown impact and now it is a known impact. Everything in this discussion is based on estimates. The City would be financing either option, buying new equipment or buying the rolling stock. Council Executive Assistant Beckie Peterson pointed out the difference in debt service was about $400,000/year to buy new versus buying used, approximately 2%. Although it sounds like a big difference between a $6.75M purchase and a $3.75M purchase, the net result in debt service is only $400,000/year. Further if the City were to fund a reserve in advance so when used equipment reached its full life, the net result would be exactly what Fitch presented as it would the same as what was put into the reserve, the expected cost would be the same $19.2M. Councilmember Paine pointed out something that hasn't been talked about is retirement and pension costs which will add to the cost of the City's creating its own fire department. The contract with SCF would also need to be extended for 1-3 years and that decision hasn't been made yet. The City would also need to pass a levy to cover some of those costs and funding decisions would need to be made regarding personnel. In speaking with a firefighter recently, she was told they are paid at the mid -point. Mukilteo pays less than the mid -point; SCF's recruiting strategy includes recruiting from Mukilteo. Members of the community have said the City could control personnel costs better; the City would be able to control program costs better including making decisions such as whether to have the community paramedics program, whether response times are adjusted, etc. Those are things the council has not yet even begun to consider. Councilmember Nand referred to the annual cost assumption of Option 3, assuming the $19.2M included the annual cost of creating a reserve. She assumed the cost of replacing equipment in five years would go up to $19.875M. Due to the extremely dangerous nature of EMS, paramedics and firefighting, she asked about the liability costs the City would be facing including workman's comp. She was concerned about a concept floating in the community that the City could control the amount of personnel that are funded and therefore lower costs that way from a liability perspective. If the City is underfunding emergency services and response times get longer or there are not enough people to respond to a fire or other life threatening emergency, she wondered it that exposed the City to liability from the estates of people who did not survive or people who might suffer lifelong injuries or disabilities. Edmonds City Council Draft Minutes June 4, 2024 Page 3 Packet Pg. 141 7.1.a Councilmember Nand continued, every other city in Snohomish County that faced this question did the arithmetic and decided it would easier to outsource this calculus to RFA and let them make decisions based on their level of expertise in this industry. If the City were to undertake this titanic task of reforming the Edmonds Fire Department, she had a lot of questions about assumptions, insurance, liability and reserve fund costs which would need to be added to the $19.2M annual cost. For example, if the City's fire department has old equipment and firefighters are responding to an emergency and the equipment fails or it is not properly maintained, she wondered if that would also open the City to a lawsuit. 2. TIMELINE/PROCESS OF EXPLORING THE PREFERRED ALTERNATIVE OF RFA ANNEXATION Council Executive Assistant Beckie Peterson reviewed the agenda attachments: A. Draft Resolution Fire Service Preferred Alternative (approved by council last week) B. SCF Handout regarding RFA annexation (12-28-23) C. RFA Plan Amendment (all the rules, how things are run, how annexations work, operations, rules, etc.) This document will be amended if Edmonds requests annexation D. 2024 District Guide Election Timeline E. RCW 52.26.200 regarding RFA. Council was also provided RCW 52.26.3000 related to annexation Ms. Peterson also provided council a color coded worksheet of annexation workflow which organized information from the SCF's handout to show the responsibilities and actions of the four entities (registered voters, Edmonds City Council, City of Edmonds, RFA Governing Board). She reviewed the RFA Annexation Workflow: VOTE; simple Registered majority Voters required for approval of annexation to the RFA RESOLUTION to RESOLUTION to pla cc 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 Ran Governing contracts related to fire and EMS. Board Potential amendments to the RFA Plan: Governance. Jurisdictional boundaries. • SEPA Review Councilmember Eck referred to scale and ability of the RFA to pivot more quickly based on population growth, switching out equipment, trucks, etc. There are advantage of one entity being able to juggle things and remobilize that an entity unto itself such as Mukilteo does not have the ability to do unless they are asking the RFA for assistance. Economies of scale are an important thing to consider. As relates to these documents, she did not have any questions. Edmonds City Council Draft Minutes June 4, 2024 Page 4 Packet Pg. 142 7.1.a Councilmember Chen referred to the step of taking the ballot measure to voters. The final outcome is outside the council's control; the voters will ultimately decide so the City needs to think about and put effort toward establishing a contingency plan for fire services. Councilmember Tibbott referred to a question that has come up is in Option 1, the City gives up control of fire services and depends on the accountability exercised by commissioners. In addition to this flowchart, he suggested thinking about how Edmonds residents participate in electing commissioners who oversee the City's priorities and commitments demonstrated over the years. He has spoken with three of the seven commissioners and found with at least two, there is a high degree of correlation between what the City was committed to. In addition to voting to be in the RFA, residents will also vote for commissioners who represent the City's interest in the RFA and that is how the City exercises accountability. He referred to the gray box in the RFA Annexation Workflow and the step where the City negotiates the final RFA plan which is the way for the City to exercise some level of control in expected services and sets up the basis for accountability in the future. Councilmember Dotsch asked if there was information about the annual increase in costs to taxpayers following annexation. The costs cited are a moment in time snapshot; there seems to be a history of ever- increasing costs. She was concerned about costs as the City will lose control of direct voting. Mayor Rosen answered the rates at annexation do increase just as the cost to the City increases. The increase in property tax is 1% year which could change as a result of changes in the benefit charge. Costs increase upon annexation and the cost for communities in the RFA increase 1%. Councilmember Dotsch commented Edmonds' property taxes are higher than the rest of the entities in the RFA and will be adding more revenue. Mayor Rosen agreed Edmonds' assessed value was higher. Councilmember Dotsch expressed concern that the benefit charge could generate more revenue from Edmonds as well as from the City's higher assessed value. Mayor Rosen explained the benefit charge lowers the cost to residential customer because multifamily or businesses pay based on the structure rather than assessed value. Councilmember Tibbott recalled that question was asked during the PSPHSP committee meeting and the administration said Edmonds does not have the highest assessed value of the cities in the RFA. Councilmember Paine explained that is not how taxes work, the City will not be paying more, it will be leveled out to the amount asked by the taxing entity. It is how much peanut butter is spread across the piece of bread, as the last entity annexing to the RFA, it will be a thinner spread of peanut butter (the tax), on the piece of bread. Council President Olson emphasized any ballot measure requires a campaign to get the word out and have outreach to the community. Research shows that effort is basically 9-12 months. For the April ballot, that would only allow 9 months for that effort. Some councilmembers have expressed interest in an earlier ballot, but it is more important to educate voters, have well written pro and con statements, and to get everyone engage and involved. She agreed with Councilmember Chen that the City needs to explore other options at the same time it is negotiating with RFA because in the end, it is not the council's decision, it is the voters' decision. Councilmember Paine agreed the investigation needs to travel on parallel tracks which includes preparing for a levy if the City forms its own fire department. She recalled SCF said they would be glad to support the public education campaign like they did for Brier and Mountlake Terrace. In speaking with a Mill Creek councilmember recently, she indicated the RFA had an excellent person who provided information to council. It will be important to understand how the taxes will impact property owners which will require precision property tax analyses. If the campaign period is 9 months for whatever the council decides to Edmonds City Council Draft Minutes June 4, 2024 Page 5 Packet Pg. 143 pursue, this needs to start now as the City is running out of time. She expressed support for having the resolution come back to council for approval and have it submitted the RFA to get that process started. Councilmember Nand said her attention has been on the gray box, the next step after the council approves a resolution to pursue RFA annexation under the language of RCW. It was her understanding that SCF is not able to authorize their administrative staff to provide a public education campaign until the City formally requests annexation. The public has expressed a lot of confusion about the annexation process. She suggested expediting the passage of the resolution to pursue RFA annexation so the fire chief and the subject matter experts can start providing information about the impact on property taxes, how funds are spent in the RFA, etc. It was her impression the RFA has been in a holding pattern waiting for the council to pass the resolution to pursue RFA annexation so they can authorize their administrative staff to undertake the public outreach campaign. Councilmember Nand continued, the City has been in discussion with the RFA since the previous administration last year, but it was her understanding the RFA cannot do the calculations and provide town halls until the council passes a resolution to pursue RFA annexation. She anticipated it would be more impactful for community members to hear the RFA explain how their property taxes would increase and how the funds will be used. 3. INFORMATION REQUESTS / ADDITIONAL QUESTIONS FOR COUNCIL DECISION MAKING Council President Olson advised the intent is to bring the resolution to council for a vote at the next meeting. This agenda item is to determine what additional information councilmembers need to make a decision on the resolution next week. One question that will be researched is Councilmember Dotsch' question about whether the City participate in the replacement reserve for the rolling stock as a contract city. Councilmember Paine asked for confirmation that two fire trucks are 26 years old, one is 18 years old and there are no medic cars existing from the City's old fire department. Council President Olson answered the contract term is all rolling stock so it not just vehicles that came from the City initially, it is anything in the fire stations now. Councilmember Paine commented the City would have to negotiate a price for the paramedic vehicles. Her question is what equipment the City would purchase and what the City would receive. Councilmember Chen relayed if the City annexes into the RFA, Edmonds citizens will run to be elected to the commission. He asked the timing of that and how many commissioners Edmonds was entitled to, whether it was based on population, accessed value or another formula. When the City becomes a member of the RFA, it will be entitled to the reserves the RFA has built up over time which would be a plus for the City. He asked if there was any restrictions on the timing before the City can enjoy all of the benefits and also the liabilities. Council President Olson recalled the fire chief had that conversation with council in chambers. If the City joins the RFA, it will pay a fair amount more than under the contract, but gets the reserve as part of the package. Councilmember Chen asked if there were any caveats. Council President Olson observed there are obviously a lot of questions that will be addressed and answered during negotiations. There is a lot the council doesn't know, but tonight's discussion is to determine what the council needs to know before voting on the resolution to pursue RFA annexation. Councilmember Nand requested the administration discuss with the RFA the timeline for public town halls and whether the administration will be the only participants, whether councilmembers participate, any restrictions on councilmembers' participation, etc. She thought the council requested annexation last year, but the RFA did not agree. She has been wondering when the town halls would start and when the RFA would start presenting information to taxpayers. Councilmember Chen explained one word was changed in Edmonds City Council Draft Minutes June 4, 2024 Page 6 Packet Pg. 144 7.1.a the resolution. Councilmember Nand observed apparently that changed the legally operative portion of the resolution. Councilmember Dotsch said a lot of citizens have asked if the City joins RFA, what happens to the taxes they are paying the City that are used to fund the fire service contract and when will that decision point happen. Mayor Rosen answered that is a decision the council needs to make before annexation into the RFA goes to the voters, whether to keep, some or none of the current taxes,. Councilmember Dotsch asked whether that decision would be made in the next nine months. Mayor Rosen suggested making it significantly sooner than that. Council President Olson offered to categorize the questions that need to be answered before the council votes on the resolution and questions that need to be answered, but would not affect councilmembers' ability to make a decision on the resolution next week. Councilmember Tibbott asked about representation on the fire commission. It was his understanding that before voters vote for commissioners, the City will have a liaison. He asked how that liaison is selected and whether it would be to the City's benefit to have more commissioners, for example, nine instead of the current seven. Mayor Rosen relayed the equipment the City would be buying includes two 1998 engines, a 2006 engine, three 2017 medic vehicles, a 2017 aid vehicle and a 2007 marine unit. Councilmember Tibbott asked the total cost of that equipment. Mayor Rosen advised he will research that. Council President Olson asked if City Attorney Jeff Taraday had any questions or comments. Mr. Taraday replied he did not have any questions at this time. ADJOURNMENT With no further business, the Council meeting was adjourned at 6:22 pm. Edmonds City Council Draft Minutes June 4, 2024 Page 7 Packet Pg. 145 7.2 City Council Agenda Item Meeting Date: 06/25/2024 Approval of Council Meeting Minutes June 4, 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: 2024-06-04 Council Minutes Packet Pg. 146 7.2.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES June 4, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Susan McLaughlin, Planning & Dev. Dir. Todd Tatum, Comm., Culture & Econ. Dev. Dir Rose Haas, Planner Casey Colley, Youth Commission Coordinator Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 6:59 pm by Mayor Rosen in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Council President Olson read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. PRESENTATIONS 1. LGBTO+ PRIDE MONTH PROCLAMATION Mayor Rosen read a proclamation proclaiming June 2024 as LGBTQ+ Pride Month in the City of Edmonds and encouraging all residents to celebrate the progress within our society towards justice, equality, and fully civic recognition for LGBTQ+ persons and to join together in the struggles that remain to achieve true justice and equality. He presented the resolution to Diversity Equity, Inclusion and Accessibility (DEIA) Commissioner Rowan Soiset. Rowen explained they run a group, Edmonds Queer Youth Alliance, and are also part of the City's Community Champions program, helping to do outreach for the City's comprehensive plan. They were honored to be presented with the proclamation on behalf of the LGBTQIA+ community in Edmonds. Being Edmonds City Council Draft Minutes June 4, 2024 Page 1 Packet Pg. 147 7.2.a able to stand here with the community is a dream come true. Rowen thanked everyone who has put in a tremendous amount of effort to make the celebrations this month possible, thanking Nick Falk for being the catalyst and putting together the City's first ever Pride celebration last year and continuing to lead the planning for this year's celebration, Under the Rainbow, Pride of Edmonds, Edmonds Queer Youth Alliance, the Arts Spot, PFLAG, Sno-Isle Libraries, Edmonds Downtown Alliance, Megan Luttrell, Todd Tatum, Edmonds Center for the Arts, and the Edmonds DEIA Commission. Rowen thanked their parents for being their biggest cheerleaders. While celebrating Pride Month, it is important to remember Black trans women who had to fight to even have a chance of speaking at Pride and who made it possible to stand for them to be here today. Honor and learn from their resilience, radical activism and deep care for their community. Rowen called upon the LGBTQIA+ community and their allies to honor their legacy by continuing work this Pride Month and beyond because while Edmonds is moving forward, there are many places all over the world and even in Washington that are actively moving backwards. Growing up trans in Edmonds wasn't easy; it was hard to find community and they faced a lot of hardships in school and in life due to who they are. There were days when they didn't even think they would make it this far. To anyone who has felt or feels the same way, Rowen wanted them to know they were loved and there is an amazing community in Edmonds ready to accept and support them with open arms. To see the City stand proud in its support of the LGBTQIA+ community gave them hope it won't be as difficult for future generations and made them happy to say they live in Edmonds. Rowen hoped to see everyone at the multitude of fun events planned this month and wished all Happy Pride. 2. RESOLUTION RECOGNIZING RIDE TRANSIT MONTH Councilmember Paine read a resolution of the City Council of the City of Edmonds, Washington, designating June 2024 as "Ride Transit Month" and urging all people to join in the observation and to ride transit. She presented the proclamation to Brock Howell, Executive Director, Snohomish County Transportation Coalition (Snotrac). Mr. Howell explained Snotrac works to connect people and communities within Snohomish County and beyond with safe, accessible and equitable transportation. Snotrac is grateful Edmonds is leading the way, providing a great transit hub with the Sounder station and ferry terminal and soon light rail service accessible via a short bus trip. Snotrac is about creating affordable age and ability friendly communities for all people and transit is an essential part of that. Snotrac is happy to partner with Transportation Choices Coalition, a statewide organization that advocates for better transit across the state and are leading the charge on Ride Transit Month proclamation. Transportation Choices is sponsoring Ride Transit Day on June 14 at the Mariners/Ranger 7:10 p.m. game. People are encouraged to take the bus or light rail to the game; he was unsure if Sounder would be running special event trips to the game. Further information regarding that and other events happening this month is available at TransportationChoices.org. 3. YOUTH COMMISSION ANNUAL PRESENTATION & SENIOR RECOGNITION Youth Commission Coordinator Casey Colley recognized graduating seniors on the Youth Commission: • Lucy Calabro o Attending the College of William and Mary, majoring in Public Policy o Aspiring to work in Public Relations and Law Eemaan Bhatia o Attend the University of Washington — Engineering o Favorite part of EYC: promoting change and diversity to the City of Edmonds and working with and meeting new people o Hoping to stay involved with local government Edmonds City Council Draft Minutes June 4, 2024 Page 2 Packet Pg. 148 7.2.a • Cassidy Otis o Planning to work in the medical field, attending community college working to become an EMT o Favorite part of EYC: group problem solving and the dynamic conversations • Mariana Yenter o Study business management at the Stern School of Business at NYU o Favorite part of EYC: Meeting new people and having an active role in the community • Sophia Gerdes o Going to attend University of Washington, planning on majoring in Biology Pre-Med o Favorite part of EYC: Working with nature • Joanna Na o Going to attend Boston University, majoring in Neuroscience o Favorite part of EYC: Being the secretary and taking notes during the meetings Ms. Colley wished the seniors the best in their future endeavors and thanked returning Youth Commission members. Chair Mariana Yenter and Commissioners Joelle Walworth and Charles Morgan presented: • City of Edmonds Youth Commission is a youth -led commission whose mission is to protect, preserve, and enhance the quality of life for Edmonds youth by advising City Council and the public on issues relating to youth policies, programs, and opportunities. Basics o Youth Commission had 3 open seats to fill with over 10 applicants o Focused on connecting with our community this year through events and Instagram o Assigned a new City Council liaison o Been a productive and fun year • Planning & Development Department o Met with Planning & Development Director Susan McLaughlin, Economic Development Director Todd Tatum, Parks, Recreation and Human Services Director Angie Feser and Urban Design Planner Navyusha Pentakota to learn about the comprehensive plan and the Landmark 99 project. • Youth & Senior Speed Talking at Edmonds Waterfront Center • You Are Not Alone 0 988 Suicide & Crisis Lifeline o Youth Suicide Prevent Event — Rosehill Community Center, February 3 • Community Transit Presentation o Youth Ride Free Edmonds City Council Draft Minutes June 4, 2024 Page 3 Packet Pg. 149 7.2.a • Annual Earth Day o Partnered with City, Sound Salmon Solutions and Tree Board • Annual Pine Ridge Park Ivy Pull • Puget Sound Regional Council Webinar o Toolbox: Planning — the Next Generation of Planners (April 26, 2024) • Instagram Posts • Members returning next year: o Charlie Morgan o Vivian Liao o Lydia Abuni o Lucy Lakefish o Joelle Walworth • Goal for next year o We hope to continue to exist as a commission as we believe we are vital to connect and advocate for the youth in Edmonds o We are an asset Councilmember Eck said she is genuinely impressed with all the Youth Commissioners and thanked them for their service to the community. She recognized they worked hard at school and choose in addition to homework and other activities to volunteer their time, brainpower, and ideas. She assured the commissioners that that matters and it counts and she and the community are grateful. What commissioners have learned and contributed will carry forward in their lives. Council President Olson said farewell to Mara who was her appointee, remarking she has done a fantastic job and she was very proud of her and all the commissioners. She has followed the Youth Commission's work all the years she has been on council and said they did themselves proud this year, doing amazing work, and making amazing choices of activities and involvement. She also thanked Ms. Colley for her leadership. Councilmember Paine thanked the Youth Commission for the work they have done, finding ways to contribute in ways the community has requested such as connecting generations with the speed talking event. Their work on climate change and suicide prevention has been very meaningful for all of Edmonds and their leadership makes an impact and is felt daily. She agreed the Youth Commission is an asset and thanked Ms. Colley for leading the commission. Councilmember Chen agreed the Youth Commission is an asset. He recognized their accomplishments for the City, community and themselves. He appreciated their efforts including outreach to their peers which is evident by the ten applicants for three openings on the commission. He was privileged to be one of the councilmembers who participated in the interview process and appointed Vivian Liao. He thanked the Youth Commission for they all do. Councilmember Dotsch, council liaison to Youth Commission, said she was impressed by how engaged commissioners are at meetings, their ideas and their follow through, and efforts to engage and get out in the community. The speed talking event was a huge hit with the seniors and the commission. She congratulated the seniors who are graduating and moving on and thanked the members who are returning. She thanked Ms. Colley for organizing the group which is sometimes like herding cats. Councilmember Nand thanked the commission and was glad her appointee, Lucy Lakefish, is a returning member. She wished the seniors well in their educational journey. Having more people apply than there are positions to fill is a good thing, but for anyone not appointed, she encouraged them to apply for other boards and commissions in the City. For example, as far as she knew, there was no age restriction for serving on Edmonds City Council Draft Minutes June 4, 2024 Page 4 Packet Pg. 150 7.2.a the Mayor's Climate Protection Commission or the DEIA Commission. She was hopeful the Youth Commission was the start of members' journey in civic engagement, recognizing the importance of their perspective and participation in issues like economics, equality, climate justice, and intersectional justice. 5. APPROVAL OF AGENDA COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS There were no audience comments. 7. RECEIVED FOR FILING 1. WRITTEN PUBLIC COMMENTS REGARDING ADU CODE AMENDMENTS 2. OUTSIDE BOARDS AND COMMITTEE REPORTS 3. WRITTEN PUBLIC COMMENTS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, 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 COUNCIL MEETING MINUTES MAY 21, 2024 3. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES MAY 21, 2024 4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT 5. RESOLUTION RECOGNIZING RIDE TRANSIT MONTH 9. COUNCIL BUSINESS 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" Planner Rose Haas reviewed: Accessory Dwelling Unit Code Update Timeline o Council Introduction — November 14, 2023 o Planning Board Introduction — December 13, 2023 o Planning Board Discussion 1 — January 10, 2024 o Planning Board Discussion 2 — January 24, 2024 o Council Discussion 1 — February 27, 2024 o Planning Board Public Hearing — February 28, 2024 o Council Study Session — March 5, 2024 o Planning Board Discussion 3 — April 10, 2024 o Council Public Hearing — May 21, 2024 o Anticipated Council Adoption — June 4, 2024 Public Engagement o November 2023 — June 2024 ■ Created Edmondswa.gov/ADU Edmonds City Council Draft Minutes June 4, 2024 Page 5 Packet Pg. 151 7.2.a ■ Held Webinar and Info Session on November 30, 2023 - 32 attendees ■ Initial Comment period from November 30- December 31St ■ February 28t1i Planning Board public hearing ■ May 21 Council public hearing ■ 110 written comments considered and shared with council • What guidance did we use? HOUSE BILL REPORT EHB 1337 nr, tl045E lOMMft'11:[ON WUSLN4 f3rtimuu,n, The ABCs of ADUs 0611 ro"�ro.qun. ra v..nM m Hi.S,.. ■� ■ ■ ■ ■ ■ ■■ nn ■■ ■ ■ THE EDMONDS CITIZENS' HOUSING COMMISSION WANTSTO HEAR FROM YOU. HB 1337 MRSC and Department of HARP Best Practices Commerce Guide Citizens Housing Commission Survey Why DADUs in Edmonds today? O In 2021, the Citizens' Housing Commission recommended updating the ADU code: ■ To include DADUs ■ To provide clear development standards ■ To eliminate conditional use permit O According to the 2021 American Community Survey, 21.5% of Edmonds' residents are over 65 years of age. O The most frequent over the counter ADU question: "Are DADUs allowed for `aging in place'?" What will HB 1337 require? O Commerce language will superseded, preempt, and invalidate any conflicting local development regulations if Edmonds does not adopt policy by June 30, 2025 O The requirements for the City of Edmonds will be as follows: ■ Allow two ADUs per lot (any configuration of ADU and DADU). ■ No owner -occupancy requirements. ■ Allow separate sale of ADUs. ■ No parking required within a half -mile of a major transit stop ■ Maximum size limitation no less than 1,000 sf of gross floor area. ■ Allow DADUs to be sited at a rear lot line when the lot line abuts a public alley. ■ No setback requirements, yard coverage limits, tree retention mandates, restrictions on entry locations, or aesthetic requirements that are more restrictive than for the principal unit. ■ Allow ADUs of at least 24-feet in height. ■ Impact fees cannot be more than 50% of fees charged for the principal unit or single family residences. • Planning board and staff recommendations include the following policies: o Ways the City's regulations can differ from the state's regulations ■ ADU size restrictions ■ ADU setback reductions Edmonds City Council Draft Minutes June 4, 2024 Page 6 Packet Pg. 152 7.2.a ■ Parking restrictions ■ Impact fees Development Standards o AADUs and DADUs are subject to the same permitting requirements as any other dwelling unit and must meet all health and safety standards, including: ■ Building Codes, Energy Codes ■ Public Works requirements ■ Fire Code requirements ■ Utility requirements ■ Environmental Codes (Critical Area regulations, Tree Code) Staff and planning board shared recommendations o Limit ADUs to 1,000 sf of gross floor area on small lots (RS-6 and RS-8) o Allow ADUs to have up to 1,200 sf of gross floor area on one or two floors on large lots (RS- 10, RS-12, RS-20) o Require impact fees for ADUs that are 50% of the fees charged for a new principal unit o Allow a minimum 5' rear setback for ADUs on RS-6 and RS-8 lots that limit height to 15' o Decrease parking requirements ■ Rationale - Two parking spaces currently required for all single family homes - High cost of providing additional parking - Lot may not have space for additional parking - A 2020 study shows between 2012-2017, 70% of developments in Seattle with no parking requirements included parking Staff and Planning Board Differing Recommendations o Planning Staff: ■ Decrease rear setback requirements to allow for more flexibility on smaller lots (RS-6 and RS-8) - Allow a minimum of 10-foot rear setback for DADUs on small lots ■ No additional parking required for ADUs o Planning board: ■ Setback reduction incentives on small parcels only if property owners limit height of ADU to 15' to preserve privacy and views of existing neighborhoods in all zones - Allow a minimum 5-foot rear setback for ADUs on RS-6 and RS-8 lots ■ No additional parking required for the first ADU, one space required for second ADU o Follow up: Short term rentals (data compiled from AirDNA) o Current: ■ Edmonds Zip Code Population (98020, 98026): 58,846 (includes Esperance and Woodway) ■ Total single family parcels in Edmonds: 11,615 ■ AirDNA short term rental data analytics shows there are 163 short-term rental properties within the City, roughly estimated at 1.4% of the housing stock ■ STR/population: .003 o Comparison Cities based on zi code city Population # of STRs STR/population Redmond 99,699 431 .004 Walla Walla 43,249 332 .008 Poulsbo 32,857 240 .007 Se uim 30,505 537 .018 Bellingham 129,753 735 .006 Kailua-Kona 38,234 5,300 .139 Edmonds City Council Draft Minutes June 4, 2024 Page 7 Packet Pg. 153 o Per HB 1337, the City can restrict STRs in ADUs and require owner occupancy in ADUS used as STR Planning & Development Director Susan McLaughlin explained this issue was considered early in the drafting of the ADU legislation, how many STR there are in Edmonds. Although the data not crystal clear, it was great to find this data source and it roughly aligns with the numbers staff developed initially. These data analytics validate that the City has a really low number of STR, 1.4%, which could be an overestimation based on the total number of residential units in the City. If the City reached a tipping point of STRs, that could have an adverse impact on rental costs as a result of the supply issue, but based on the data, that is not happening now. The City also requires a business license for STRs which provides a tracking method. With regard to incentives, Ms. Haas recalled discussion two weeks ago about incentives such as preapproved units, conversions and massing. With regard to preapproved design, the incentive is a shorter permit time and lower cost for the developer. State law requires allowing the use of existing structures as conversions which is an incentive due to the potential use of a nonconforming structure and reducing construction costs by converting an existing structure. Massing incentives are related to size and height. She reviewed: Staff recommendations o Adopt Code amendments in Council packet o Comply with HB 1337 prior to June 30, 2025 deadline o Allow 10-foot setback for all DADUs in RS-6, RS-8 zones o Provide 5-foot setback incentive for reduced DADU heights in the RS-6 and RS-8 zones o Allow ADUs up to 1200 sf in RS-10, RS-12 and RS-20 zones o No additional parking requirements o Require impact fees Council President Olson expressed appreciation for staff s presentation addressing issues that have arisen. She recalled an email from staff today indicating that some small issues were incorporated and the latest version of the code was Version 12; Version 11 was included in the council packet. Ms. Haas advised based on an inquiry from Council President Olson, the code revisions were updated to Version 12 which will be available to council if adoption is planned next week. That revision removed the concept and term "guest house" from the code which in her opinion was almost identical to an ADU. Guest houses were included in the code prior to the ADU code and allowed on RS-20 lots. She provided the definition of guesthouse in 21.35.030. "A guest house is a detached structure with not more than two bedrooms, accessory to a single family dwelling, having no kitchen facilities, used primarily for sleeping quarters, not occupied by paying tenants, and located on a lot of at least 20,000 square feet in area." In terms of this update, a guesthouse is an ADU except it does not have a kitchen facility. If DADUs are allowed, guest houses do not need to be included in the code, especially since they also require a conditional use permit (CUP) under 16.20 which was also removed. Guest house was also removed from the table of permit types as Type IIA which is a CUP. Those are the three instances in the code where guest house appears. MAIN MOTION #1 COUNCIL PRESIDENT OLSON MOVED THE ORDINANCE IN THE PACKET RELATING TO ACCESSORY DWELLING UNITS, AMENDING THE CODE AS REFLECTED IN VERSION #12 AND PLACING IT ON A FUTURE CONSENT AGENDA. Councilmember Paine raised a point of order, advising the council does not have Version 12 in front of them. Council President Olson pointed out Ms. Haas just shared the revisions and Version 12 will be on the consent agenda so councilmembers could verify the changes she reviewed. Mayor Rosen ruled it was appropriate to proceed with the motion. Edmonds City Council Draft Minutes June 4, 2024 Page 8 Packet Pg. 154 7.2.a ACTION ON MAIN MOTION #1 MOTION DIED FOR LACK OF A SECOND. Councilmember Paine relayed her appreciation for staff researching STRs and providing a remarkable amount of information. STRs exist in Edmonds and at some point the council may want to consider regulations. She expressed appreciation for the work done by the planning & development department and by the planning board which took thousands of hours to collect. She liked the recommendations from staff and from the planning board, particularly the planning board's recommendation that allowed zero setback adjacent to an alley. She was interested in hearing her colleague comments, remarking she was surprised to receive an email this afternoon knowing there were two City meetings, the waterfront presentation and the special council meeting. She did not have an issue with Version 12 but wanted an opportunity to look at it. Councilmember Paine commented allowing a 1,200 square foot ADU on larger lots, instead of 1,000 square feet, will allow more than one bedroom or a little more space for a small family. For the most part in communities like Edmonds, it will be families sharing lots to reduce expense or help out a family member. Councilmember Nand asked if Version 12 could be provided if council took a five minute recess. Ms. McLaughlin advised it could be emailed to council during a recess. City Attorney Jeff Taraday said it is a regular meeting so in the same way council could amend the ordinance tonight, if staff provided Version 12 on the screen or via email, it would not legally be a problem. Ms. McLaughlin advised it was available digitally and could be displayed on the screen. Mayor Rosen declared a 5 minute recess. Ms. Haas displayed and reviewed the revised language: • 16.20.010.D.2 Secondary uses requiring a CUP, delete guest house • 21.35.030 Guest house, definition of guest house deleted • Guest house removed from permit table as requiring a Type II -A permit MAIN MOTION #2 COUNCILMEMBER DOTSCH MOVED TO DIRECT STAFF TO PREPARE AND BRING BACK FOR COUNCIL CONSIDERATION AND POTENTIAL ACTION ONLY THE COMPLIANCE REQUIREMENTS OF HB 1337 FOR THE UPDATED ADU POLICY AND CODE UPDATE AS OUTLINED IN THE SIGNED STATE BILL WITHOUT ANY CHANGES. ACTION ON MAIN MOTION #2 MOTION DIED FOR LACK OF A SECOND. MAIN MOTION #3 COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER NAND, TO APPROVE THE ORDINANCE IN THE PACKET RELATING TO ACCESSORY DWELLING UNITS, AMENDING THE CODE AS REFLECTED IN VERSION 12, AND PLACING IT ON A FUTURE CONSENT AGENDA FOR REVIEW. Council President Olson commented there is a lot of great content in the ordinance including some areas she was comfortable making changes to the state mandate. She personally felt the state mandate went further in some areas than she wished and shared another councilmember's opinion that were areas where she preferred not to proceed as recommended and will pose several amendments. AMENDMENT #1 COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER DOTSCH, TO AMEND THE MAX SIZE IN RS-10 AND RS-12 FROM 1,200 TO 1,000 WHICH IS THE STATE Edmonds City Council Draft Minutes June 4, 2024 Page 9 Packet Pg. 155 7.2.a MANDATE, LEAVING 1,200 SQUARE FEET AS THE RECOMMENDED SIZE IN THE RS-20 ZONE ONLY. Council President Olson commented the right size ADU on many lots was 800 square feet and that was the discussion by the housing commission. There are some extraordinary large lots where one or two larger DADUs would not intrude on the neighbors. Two 1,200 square foot DADUs would require a large lot for them to fit and compliment the neighborhood. She was okay with allowing 1,200 square feet on RS-20 lots and she hoped council would support bringing the max size down to the state mandated 1,000 square feet on all other lots in Edmonds. Councilmember Nand commented while she appreciated Council President Olson and Councilmember Dotsch's concerns, she knew people who had been personally impacted by a decision to give up their independent single family dwelling and move into a mother-in-law or other construction. Anecdotally, the person she talked to was happy to sell her home and move in with her son and daughter-in-law because they were building what she described as a place for a queen. Limiting the size of an ADU to less than 1,200 square feet is not something the council should impose. If someone wants to build a 1,200 square foot ADU to accommodate an elderly, vulnerable, or disabled family member, they may need extra space for accessibility and other issues and she preferred to give them that flexibility. She did not envision the difference between 1,000 and 1,200 square feet would be that significant to the neighborhood. She did not support the amendment. Councilmember Tibbott relayed his understanding the 35% coverage limit will still apply. If the principal house was small such as 800 square feet, there may be plenty of room on the lot for a 1,200 square foot ADU. He wanted to incentivize retaining trees which was not on the list of potential incentives. For example, if someone wanted to build a 1,200 square foot ADU that require removing trees, he might prefer limiting it to 1000 square feet. At this point he will support the planning board's recommendation, but would like to consider incentives for keeping trees. Councilmember Chen agreed due to the 35% lot coverage requirement, he will support staffs recommendation. Councilmember Paine said she did not support the amendment. As she stated earlier, larger ADUs will accommodate small families who could benefit from having more elbow room. Councilmember Eck said overwhelming the comments in the packet and feedback she has gotten are supportive of state law and the requirements related to ADUs and DADUs are related to an aging or vulnerable family member, or disabled adult child. If that is the main purpose, she did not anticipate a lot of ADUs being built in Edmonds other than to accommodate those scenarios. Taking 200 square feet away does not make sense if the goal is to have the ADU be a livable unit for a family member. She did not support the amendment. Council President Olson commented ADUs are not intended to answer all the housing needs in the City. She has heard the same thing, they are most often for an aging parent or young adult not able to live on their own. She knows a friend with an adorable 400 square foot unit and if it were twice that size, 800 square feet, it would be a very livable space. A 1,000 square foot ADU would provide a nice living space; most apartments are 1,000 square feet and she did not think ADUs needed to be bigger. As one is driving down the street or walking down the sidewalk, bigger units will be more imposing on the look and feel of the neighborhood. She urged the council to support this amendment so ADUs are a maximum of 1,000 square feet, the state's mandate, except on the biggest lots. Councilmember Dotsch expressed support for the amendment. She pointed out 2 bedroom apartments average 800-1000 square feet. ADUs are accessory dwelling units, not the main dwelling unit and 800- Edmonds City Council Draft Minutes June 4, 2024 Page 10 Packet Pg. 156 1000 square foot units are comfortably built in other cities. She reminded this is heated space; unheated space such as decks and garages are in addition. The 1,000 square feet was a compromise for communities like Edmonds that have a lot of environmental impacts. ACTION ON AMENDMENT #1 AMENDMENT FAILED (3-4), COUNCIL PRESIDENT OLSON AND COUNCILMEMBERS DOTSCH AND TIBBOTT VOTING YES. AMENDMENT #2 COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER DOTSCH, TO AMEND RS-6 AND RS-8 ZONES TO THE ORIGINAL 15 FOOT SETBACK AND DELETE THE ASSOCIATED NOTE 3. Council President Olson commented setbacks are one of the most important things in the community; people even consider setbacks when purchasing their homes. For example, she lives in a property where there was a nonconforming situation and a unit was built on the property line. The unit was not built 5' from the property line and because the chimney and roof are allowed to overhang into the setback, they overhang into their property. Her house is setback 15', but that feels close in that area. Reducing the setbacks will change the quality of life for neighbors. The council owes it to the community to look out for them and their quality of life. ADU should be allowed on lots that are big enough to accommodate an ADU, but they shouldn't be an entitlement and shouldn't be a bigger imposition for the neighbor than it is for the person benefiting from having the ADU. Waiving the setbacks sets up a situation where the neighbors suffers more consequence from the ADU than the person building, renting or having a family member live in it. She summarized her interest in protecting the setbacks in the code. Council President Olson advised the setbacks are in Section 16.20.050.C. Ms. Haas explained staff s recommendation is a 5' setback incentive for 1-story units in RS-6 and RS-8 zones and all other units (2 story) would have an automatic 10' setback rather than the 15' setback required for single family residences. The planning board's recommendation was 5' setbacks in all zones if height was limited to 15'. Staff recommendation is just within the RS-6 and RS-8 zones. Ms. McLaughlin advised different zones have different setbacks. Ms. Haas relayed the setback in RS-6 and RS-8 for single family is 15'; staffs recommendation is a DADU with 2 stories be require to have a 10' setback, which decreases the setback by 5' and if the ADU/DADU had a 15' height, a 5' setback would be allowed. No change is recommended for RS-20, RS-12 and RS-10 zones, the setback would be the same as single family homes. Council President Olson clarified her proposal was for the rear setback for RS-6 and RS-8 to be 15'and to delete Note 3 which makes it a caveat for doing something different. In her personal experience, 5' is not adequate. Ms. Haas asked for clarification whether both 1-story and 2-story ADU/DADU would have a 15' setback. Council President Olson agreed. Ms. McLaughlin asked if Council President Olson's property was in an RS-6 or RS-8 zone. Council President Olson said she only used her property as an example where she saw the 5' setback implemented and knows it doesn't work. Councilmember Paine asked if lots in RS-6 and RS-8 were perfectly square and how setbacks were measured if the lots did not have 90 degree angles. She asked about properties that abut an alley, recalling the planning board discussed DADU that abut an alley; some of the downtown streets have alleys. Ms. Haas answered RS-6 zoned lots are mostly in the Edmonds bowl and developed based on a grid pattern in the 1890s and are typically square a most have alleys. Many of the RS-6 lots by state law will be able to abut alley, but engineering and building codes, utility lines, etc. that may not always be possible and may force a setback. Councilmember Paine asked if utilities are located in alleys. Ms. McLaughlin answered they are considered street right-of-way where public utilities may be located. Ms. Haas explained lots in the RS-8 zone are not Edmonds City Council Draft Minutes June 4, 2024 Page 11 Packet Pg. 157 7.2.a always square. A flag lot which has less than half the width required by code, has all side setbacks for all structures which is 5' in RS-6, 7.5' in RS-8, 10 feet in RS-10 and RS-12, and 10'-25' in RS-20. Councilmember Paine relayed her understanding that flag lots have a mixture of setbacks and increasing setbacks to 15' would expanding those setback. Ms. Haas answered a flag lot only has side setbacks, no rear setback. The side setback would apply to an ADU or other accessory structure such as a garage or playhouse. Councilmember Paine said that is not in the table in Version 11. Ms. Haas agreed, explaining that is a supplement to the development table which is not changing. She reiterated a rear setback does not apply in flag lots. Councilmember Nand expressed support for the incentive recommended by staff and the planning board for smaller lots. When looking at impacts to neighbors and neighborhoods, she assumed there would be an incentive on smaller lots to build up to maximize square footage. She envisioned a 24' 2-story unit would be a bigger impact to a neighborhood compared to a 15' 1-story unit that has a 5' setback. She recalled when a neighbor built a greenhouse and blocked the view of the lake from her bedroom, she was very sad. Had seen been asked, she would have asked them not to block her view of the lake. With water views in Edmonds, particularly since RS-6 and RS-8 zones tend to be in the bowl, there would be more sensitivity to height than to the width of the setback. She summarized this is an elegant solution and supports the planning board and staff's recommendation and does not support the amendment. Councilmember Dotsch expressed support for the amendment, agreeing with Council President Olson that the impact on reduced setbacks was on the neighbors not the developer. She cited tree canopy loss, view loss, light loss, and increased shadows of 24' buildings closer than 15' to a neighbor. She pointed out a building could be taller than 24' on a slope, making the setback even more important. She recalled the bill was sold to the public that all setbacks would be the same as single family so it would not be noticeable in the neighborhood and would blend in. An ADU/DADU with a 5' setback does not blend in and impacts the value and enjoyment of the neighboring lots. She expressed support for this very Edmonds -type amendment. ACTION ON AMENDMENT #2 AMENDMENT FAILED (3-4), COUNCIL PRESIDENT OLSON, AND COUNCILMEMBERS DOTSCH AND TIBBOTT VOTING YES. AMENDMENT #3 COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT , TO AMEND 16.20.050.A SITE DEVELOPMENT STANDARDS GENERAL, ADD A SENTENCE, "DADUS ARE PROHIBITED IN CRITICAL AQUIFER RECHARGE AREAS WITH A SUNSET DATE OF JUNE 30, 2025. Council President Olson explained the City has the option of not implementing the DADU code until 6 months after the deadline for the comprehensive plan update. A few weeks ago there was extensive research and debate regarding the critical aquifer recharge areas (CARA) and their sensitivity to development. In her assessment, the City does not have the science that injection wells that go along with new development are a dangerous to the water source, but Ecology and the federal government are actively working on that science. Providing extra time so people do not have an additional reason to develop in the CARAs would be prudent and the City has the legal right to do that because the DADU code does not have to be implemented until 6 months after the deadline for the comprehensive plan update. Councilmember Nand asked if this additional restriction would be in compliance with HB 1337. Mr. Taraday answered yes, because there is no state law the City has to comply with until 6 months after the comprehensive plan deadline. He was unsure if that date translated exactly to June 30, 2025, but that sounds about right. The City is proposing regulations related to DADUs early so is not technically bound by HB 1337 until approximately that date. Edmonds City Council Draft Minutes June 4, 2024 Page 12 Packet Pg. 158 7.2.a Councilmember Nand relayed her understanding that there is extra sensitivity above the normal critical areas in CARAs, but when it comes to restricting DADUs or crumb rubber, she did not understand why the council was targeting those property owners rather than having a more citywide strategy. In her opinion, it was unfair to single out property owners in the CARAs. The CARA code will restrict things that impact the aquifer. She felt this amendment was out of left field and preferred this proposal go through a public process with the planning board, the city engineer, etc. before the council singles out and burdens property owners in CARAs as opposed to property owners in or adjacent to other critical areas in Edmonds. ACTION ON AMENDMENT #3 MOTION CARRIED (4-3), COUNCILMEMBERS PAINE, ECK AND NAND VOTING NO. AMENDMENT #4 COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT„ TO AMEND THE REAR SETBACK IN 16.20.050 TO 15 FEET IN RS-6 AND RS-8 AND CHANGE NOTE 3 FROM 5-FEET TO 10-FEET FOR 15-FOOT BUILDING HEIGHT. Council President Olson assured from her personal experience a 5' setback which still has eaves that protrude 30" into the setback is too close and the council owes the residents more protection than that. Councilmember Paine asked for clarification regarding the revision to Note 3. She asked if the amendment was intended not to allow eaves to extend into the 5' setback. Council President Olson said she only used that to express why 5' wasn't adequate. Her amendment was to change 5' to 10' in Note 3 for a 15' building height. Note 3 would read: The normally required rear setback may be reduced to a minimum of 10' for a detached dwelling unit 15' in height or less. Councilmember Paine said she preferred the planning board and staff s recommendation. The amendment seemed to be taking bites at the same apple. Councilmember Tibbott expressed support for the motion. He has been in neighborhoods where houses were 5' apart, but they were planned developments where windows and doors did not line up. Edmonds is a highly developed city and he feared there could be significant issues with 5' setbacks. Councilmember Dotsch expressed support for the motion for the reasons she stated previously. She pointed out with a 15' setback, there could still be a window over a fence. She referenced people who spoke during the legislative bill process and in speaking with residents of Wallingford where many of the changes were incremental, one of the biggest was changing setbacks to 5' and the resulting loss of trees, privacy and light. She was curious whether 5' was safe in terms of fire, access, etc. Councilmember Chen asked with a 5' setback in RS-6 and RS-8, did homeowners have the option of building two stories and two units to maximize the 2,000 square feet. Ms. McLaughlin answered RS-6 and RS-8 are constrained in terms of lot size and development regulations including the 35% lot coverage. However, in theory if it were an unincumbered site, there could be a 10' setback and 24' height limit. Councilmember Chen asked if 5' for 15' building height would eliminate that possibility. Ms. McLauglin explained staffs recommendation was to reduce the setback to 5' in RS-6 and RS-8 for a single story building; a 2-story building would have to adhere to the 10' setback. Councilmember Chen explained his logical was if a homeowner needs an ADU and they were restricted to a 10' setback, although he understood the concerns with privacy, if that was their only choice, the 5' setback would allow them to construct an ADU. If a 10' setback is required, that ADU becomes infeasible. Ms. McLaughlin said that was why when staff did their analysis and shared various lot illustrations during previous presentations, staff looked at scenarios given 6,000 and 8,000 square foot lots to see how an ADU Edmonds City Council Draft Minutes June 4, 2024 Page 13 Packet Pg. 159 7.2.a could fit considering the City's development standards which is why incentivizing a single story with 5' setback was a good option for smaller, constrained lots. Councilmember Chen thanked staff for reasoning that though with him. He concluded a 10' setback would kill the deal for RS-6 and RS-8 zones and for that reason he did not support the amendment. Councilmember Nand relayed she could not support the amendment due to her concern if too many restrictions are placed on ADUs, fewer units will be built. She lives in a townhouse and shares two common walls and knows when her neighbors wake up. ADUs provide an option to prevent people from being displaced from the community and to construct something that retains the original structure which sometimes is a vintage and very charming house. If a person wants to build an ADU to accommodate a family member or make their property more economically feasible so they can stay in Edmonds where they have invested financial and with their sweat equity, the council should try to incentivize that. Otherwise homeowners will sell to a developer who will put up a gigantic, obnoxious duplex with people sharing walls that will overhang and over -mass the neighbors much more than an ADU would. She was opposed to excessive restrictions on ADUs. The planning board, staff and the public went through a very rigorous process over many months to develop an elegant compromises that meet Edmonds' vision and tearing up their work without going through a public process would be a disservice. With regard to the public process, Councilmember Dotsch assured she read all the emails and public input and watched the meetings and a lot of this is not coming from the public. The council has heard from the public and knows what they want and the council represents the residents who are at the top of the City's org chart. One of the big issues is encroachment on other properties. She asked for confirmation that some things can encroach into the setback such as decks and patios. Ms. Haas advised eaves and chimneys can encroach in to the setback up to 30", a paved patio not used for access can encroach into the setback by 1/3 or 4' whichever is less. Councilmember Dotsch commented people need to understand how tight that is and how neighboring properties will be burdened by the lack of setbacks. This was sold to the public that it would mimic single family with same setbacks and would blend in. In talking to people in Seattle who are neighbors to ADUs, there is nothing blending about a 5' setback. Council President Olson pushed back on the comment that suggesting changes ignores the public process. She reads every email and all the public comments and has been engaged in this since the housing commission days in 2020, talking to oodles of people about ADUs, what they are and are not, and their potential. She is in favor of ADUs, finding them a great living option, but she is also in favor of protecting the quality of life for residents and knows a 5' setback does not get there. This is a compromise, getting to 10' instead of 5'. ADUs should be infeasible on some lots, lots where it is not conducive to have an ADU, and the City shouldn't try to make them work in places where they don't work. Councilmember Eck said most or even many homeowners will not build an ADU. The 35% lot coverage requirement will not change. The intent is to incentivize people not to build up, not block views, not look into second floor windows, etc. It is unlikely vulnerable adults or seniors like her mother-in-law who is 80 and might eventually move into an ADU will want a unit with stairs so single story ADUs are more likely. Someone with a wheelchair needs the maximum amount of space. She did not want to chip away at the work that was done over a long period of time by the planning board who are community members and the planning department. She did not support the amendment. Councilmember Paine commended Ms. Haas for knowing all the details, for her work at the counter and knowing things such as eaves are allowed to encroach 30". These are questions that will come up at the permit desk from the public. She echoed other councilmembers' comments that there has been an abundant process, a lot of emails and discussions for at least the past 4'/2 years. The council is implementing ADUs under the constraints of state law. She did not support the amendment for the reasons mentioned previously. ACTION ON AMENDMENT #4 Edmonds City Council Draft Minutes June 4, 2024 Page 14 Packet Pg. 160 AMENDMENT FAILED (3-4), COUNCIL PRESIDENT OLSON, COUNCILMEMBERS DOTSCH AND TIBBOTT VOTING YES. AMENDMENT #5 COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER ECK, THAT THE DECISION COUNCIL MAKES TONIGHT DOES NOT GO TO A CONSENT AGENDA AND IS THE FINAL DECISION. Councilmember Paine commented this issue has been heard repeatedly. Making the decision tonight will not cause harm. She did not support moving decisions to the consent agenda which results in an interminable circle and preferred to make decisions at the meeting where the item was discussed. She preferred to make this decision tonight in view of the abundant discussion. Councilmember Dotsch did not support the amendment, pointing out the ADU discussion at the housing commission was entirely different than what is being discussed now. The council and the public should be able to see the code in its entirety with the amendments made on the fly today. Council President Olson commented this has been years in the process, the City is not against a deadline, and placing it on the consent agenda is only a week's delay. With the changes that were made, unless a councilmember was concerned they would hear things from the public that did not align with how they voted, it should not be an issue to approve the ordinance on the consent agenda. She was definitely opposed to this amendment and preferred it be forwarded to the consent agenda. Councilmember Nand opined it would be appropriate to forward Version 12 to the consent agenda so the final version is reprinted as the council understands it and if there are any transcription errors, the public and council have an opportunity for review. She hoped it could be forwarded to the next consent agenda, recalling a public comment last week where a gentleman said he was building a nonconforming ADU because he was not going to wait. She understood the eagerness to adopt the code as soon as possible, but did not feel waiting one week to have the final, amended version available would be too burdensome. Councilmember Chen did not support the amendment and making rush decisions. He was a member of the housing commission so this issue had been discussed for four years. He appreciated the work of the planning board and the public, agreeing there was no reason to rush. The amendments need to be incorporated into the code and he preferred to have the entire package on the consent agenda. Councilmember Eck commented ultimately visibility and ensuring the packet has accurate information has value. However, the council seems to be getting into a cycle where things come back in pieces and at some point she hoped the council did not always move items to the consent agenda the following week. When the council can move swiftly and it makes sense, she would like the council to do so. ACTION ON AMENDMENT #5 AMENDMENT FAILED (2-5), COUNCILMEMBERS PAINE AND ECK, VOTING YES. AMENDMENT #6 A MOTION WAS MADE BY COUNCILMEMBER DOTSCH AND SECONDED TO AMEND 16.20.050.0 THE TABLE OF SUBDISTRICTS, UNDER MINIMUM PARKING CHANGE THE ZEROS TO 1. Councilmember Dotsch recalled in the feedback she read and listened to, parking was a big issue for almost everyone and only a limited number of people do not want parking for ADUs. With the size of ADUs and disabled persons who need transit or have their own transportation, parking will be important. As Edmonds has annexed some semi -rural areas, parking is non-existent in some areas and very dangerous in other areas which affects the public's safety. In Seattle where parking was not required, the neighbors are very affected Edmonds City Council Draft Minutes June 4, 2024 Page 15 Packet Pg. 161 7.2.a by the lack of parking. Edmonds also has very narrow cul-de-sacs, a lot of old housing with only one car garages, and limited transit options so the majority of people will have a car making it reasonable to require parking for an ADU. She summarized this coincides with the public's concerns about not mimicking what Seattle has done related to parking. Councilmember Paine did not support the motion, primarily due to the burden of cost to the parcel building the DADU. As someone who worked on subdivisions in Seattle for 7-8 years, it was townhomes that pushed cars onto the street due to narrow garages that were often used for storage. Overregulation such as requiring additional parking creates an additional burden and reduces options for property owners. Council President Olson thanked Councilmember Dotsch for bringing up the parking issue. The planning board's recommendation to require one parking space for a second DADU was not incorporated into the ordinance that was recommended by staff. She was comfortable with not requiring parking for one ADU, but wanted to implement the planning board's recommendation for a second ADU. She will vote no on this amendment although she appreciated that it reminded her to make another amendment related to parking if this one does not pass. Councilmember Nand observed a property with a single family dwelling unit was already mandated to have two off-street parking spaces. She appreciated Councilmember Dotsch's concern about parking, and was very concerned about proposals from the state legislature about building tall apartment buildings without adequate parking because she sees the strain caused by the lack of adequate parking due to high density housing in her neighborhood and on Highway 99. However, if there is just one additional ADU on a property that already has two -street parking spaces and people are spending over $200,000 to build an ADU primarily for an elderly family member who may have already stopped driving or will not be bringing an additional vehicle to the property, she was comfortable with not requiring an additional parking space for one ADU. She would support the planning board's recommendation for an additional parking space for a second ADU as a second unit would be more likely to be used for workforce housing and the occupant would be more likely to have a vehicle. ACTION ON AMENDMENT #6 AMENDMENT FAILED (1-6), COUNCILMEMBER DOTSCH VOTING YES. AMENDMENT #7 COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO HAVE STAFF BRING BACK LANGUAGE IMPLEMENTING THE PLANNING BOARD'S RECOMMENDATION REGARDING PARKING WHEN IT COMES BACK ON CONSENT. Council President Olson anticipated staff would have a better idea where to put that language in the code and how to say it and suggested staff send council the language via email in advance. Ms. Haas expressed concern if council had concerns with the language and it had to be amended again and placed on the following week's consent agenda, that could result in a never-ending cycle. Council President Olson said her intent would be for staff to add the language to the code that will be on consent next week. If staff had recommended language tonight, she could amend the amendment to incorporate that language. Ms. McLaughlin commented council had already indicated their preference to have the code on consent rather than adopting it tonight. Staff would obviously prefer adoption tonight to minimize staff resources and time and because council can review the amendments in real time on the screen. However, that does not appear to be council's preferred option so it can be scheduled on consent with this edit related to the planning board's recommendation regarding parking. Councilmember Nand spoke against the amendment, preferring to adopt the omnibus ADU bill and if individual councilmembers want to make further tweaks such as adding entire sections, they should be Edmonds City Council Draft Minutes June 4, 2024 Page 16 Packet Pg. 162 7.2.a brought forward as separate agenda items instead of making such a massive change via an amendment on consent on such a high profile matter. She assumed further tweaks to the ADU code would be necessary as property owners try to build them and request amendments. If a councilmember feels passionate that not enough parking is provided for properties with two ADUs, it can be considered in a future legislative cycle and the council can pass this omnibus ADU bill just to get something on the books because nonconforming ADUs are already being built in Edmonds and she was concerned that the more the council tortures this body of legislation, the more it delays the overall adoption. Councilmember Tibbott expressed support for amendment even though it is somewhat ambiguous regarding how it would be incorporate into the code. As a councilmember stated previously, there may be a good argument for not requiring additional parking for one ADU, but a second ADU may infringe on the parking provided. His concern with ADUs in general and with regard to parking is people tend to build ADUs and then they move and the original reason for the building the ADU is gone and parking may be needed for the new use of the ADU. He found it completely reasonable to require parking for a second ADU. Councilmember Eck recalled there was an amendment about adding parking that was not approved and now this amendment is requesting approval of language the council hasn't seen or approved. She asked how this would look if it goes to consent. Council President Olson advised any councilmember can pull an item from consent if a change needs to be made. She reiterated her request for staff to provide proposed language via email so councilmembers could raise any issues with staff ahead of the council meeting. This amendment is not the same as the previous; this amendment is related to parking for a second ADU, the planning board's recommendation that was not incorporated in Version 12. The amendment, if approved, requests staff include the revision in the code when it is on consent. Councilmember Eck agreed this amendment was different than Councilmember Dotsch's amendment. She understood this was the planning board's recommendation, but staff had a different recommendation. Ms. McLaughlin clarified staff is not recommending regulating parking for ADUs, whether one or two ADUs; the planning board wanted to regulate parking for a second ADU by requiring one parking space. The easy change would be to update the table by adding a footnote to state one parking space would be required for a second ADU on a parcel. That policy decision and amendment is up to council. Staff would prefer the code be approved on the consent agenda without being pulled and added to the agenda for further discussion. Ms. Haas said she was not comfortable changing the code to include the planning board's recommendation prior to a vote of the council. Councilmember Eck expressed concern if the code was moved to consent, the council has to approve all of it or none of it. Ms. McLaughlin commented if the council voted on all the other amendments, why was the council not voting on this amendment. Council President Olson clarified the council will vote on the amendment to add the planning board's recommendation regarding parking. Staff has described how that amendment would be implemented, via the addition of a footnote to require one parking space for a second ADU. Ms. Haas advised that would be Note 4 in 16.20.050. Councilmember Chen expressed support for the planning board's recommendation to require a parking space for a second ADU. One ADU will most likely be for family members. When someone builds a second ADU, state law allows the ADUs to be sold separately so there is a commercial component. He supported the need for a parking space for a second ADU. Councilmember Dotsch expressed support for the amendment, pointing out ADUs are also for middle housing. She asked if someone built a townhouse on a lot, could they also build an ADU. Ms. McLaughlin Edmonds City Council Draft Minutes June 4, 2024 Page 17 Packet Pg. 163 7.2.a answered it depends, per HB 1220, ADUs are not middle housing. Per housing typology, they could be described as middle housing. Councilmember Dotsch asked if someone built a duplex on a lot, could they add an ADU. Ms. McLaughlin answered yes, in accordance with HB 1110 and HB 1337. Councilmember Dotsch commented duplexes are middle housing and middle housing is only required to have one parking space. She wanted to ensure everyone understood that ADUs could be added to middle housing development. Ms. McLaughlin advised the City has not adopted middle housing standards yet. Councilmember Dotsch advised the state requirement was one parking space. Ms. Haas said property owners are not restricted from providing additional parking spaces; they can have as much parking as stormwater regulations allow. A parking space is just not required. AMENDMENT TO AMENDMENT #7 COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO AMEND THE AMENDMENT TO HAVE THE LANGUAGE IN FOOTNOTE 4 TO REQUIRE ONE PARKING SPACE FOR THE SECOND ADU. Councilmember Paine said adding this tonight will cut through some dialogue instead of waiting for next week. Councilmember Nand said she was not comfortable voting on language she has not seen and did not think this was procedurally the appropriate way to direct staff to draft language. This should be brought forward as a separate agenda item; this is procedurally very difficult for council and the public. This issue should be excluded from consideration tonight and she will not support the amendment to the amendment or the amendment. If individual councilmembers wish to bring this language forward, she preferred they work with staff to draft language that would be included in the council packet so councilmembers could see what they were voting on. Council President Olson explained the intent of the amendment to the amendment was to remedy Councilmember Nand's concern; if the amendment is approved, the wording will be one parking space shall be required for a second ADU. ACTION ON AMENDMENT TO AMENDMENT #7 AMENDMENT CARRIED (6-1), COUNCILMEMBER NAND VOTING NO. ACTION ON AMENDMENT #7 AMENDMENT CARRIED (6-1), COUNCILMEMBER NAND VOTING NO. ACTION ON MAIN MOTION #3 MOTION AS AMENDED CARRIED UNANIMOUSLY. 2. LANDMARK 99- FINANCING OPTIONS/DEVELOPER NEGOTIATIONS Planning & Development Director Susan McLaughlin introduced Community, Culture & Economic Development Director Todd Tatum and Marc Greenough, Foster Garvey, the City's bond counsel, explaining Mr. Greenough will walk through financing strategies and information to inform the next steps on the Landmark 99 potential partnership. Staff has been advancing on conversations with the potential development partner in keeping with the last update to council. As staff has been discussing options with Mr. Greenough, it was critical to bring council into discussions about potential financing strategies which will inform the tools that are brought to the table in the partnership discussions. Edmonds City Council Draft Minutes June 4, 2024 Page 18 Packet Pg. 164 7.2.a Mr. Greenough explained he was called in to help on this property acquisition regarding how best to finance it and how to structure a public -private venture to create the best product that reduces the risk of those who can't afford it the most and places risks on people best able to mitigate them. Status of project o Property is under contract ■ City signed a Purchase & Sale Agreement with option to purchase o $1MM earnest money due 3/l/2025 o Closing by 9/30/2025 • Risk and rewards o Risks ■ Interest rates ■ Construction costs ■ Entitlements o Rewards ■ Potential grants and loans for housing ■ Demand for housing ■ Support for redevelopment Property acquisition strategies o Two parcels ■ Originally envisioned at closing the City would pay for its portion (1/4) and developer provide cash for its portion (3/4) ■ Considering a way for City to bear weight of financing the property longer due to the City's better credit rating and more access to capital. Developer will be affected by interest rates and delays which will add to the cost of the project. ■ Strategies - Condominium (City purchase entire property with intent to declare condominium after entitlements in place) - Single parcel (w/ or w/o ground lease) - Multiple parcels - Community renewal authority Entitlement process o Design o Community outreach o Master use permit intake o Building permit intake o Street improvement process o Construction documents o Master use permit approval o Architectural specifications o Building permit issued o Photo of things come up during entitlement process ■ Examples: sinkhole, underground artifacts, keyhole property, etc. Disposition alternatives o None o Condominium o Subdivide o Ground lease (all at once or as completed) Financing strategies o Construction loan/permanent loan o Capitalized interest o Prepayments o Ground lease (all at once or as completed, level or backloaded, fixed or variable) Edmonds City Council Draft Minutes June 4, 2024 Page 19 Packet Pg. 165 Scott Bauer, NW Municipal Advisors, was present to answer questions. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO EXTEND TO 10:30. MOTION CARRIED (6-1), COUNCILMEMBER TIBBOTT VOTING NO. Councilmember Paine said risk and rewards will be one of the key things for council to consider. She asked about his experience working with projects of comparable size. Mr. Greenough answered the first similar project he worked on was the Pacific Place Parking Garage over 30 years ago. This is an area he has worked on with various municipalities and private developers. The most recent was the development of workforce housing in the Georgetown area of Seattle where a nonprofit developer brought in tax-exempt financing, kept half the property for themselves, and ground leased several parcels to community entities to develop workforce housing as they did the entitlements themselves. Councilmember Paine asked if City decides to move forward, which of the options provides the City the greatest flexibility for disposition, whether it is ground lease or subdividing. She recognized that may also depend on who the partners are. She asked him to speak to the disposition alternatives. Mr. Greenough answered this will not be a unilateral decision that the City makes. When they met with the developer, he had a good idea of what they be most interested in. When the concept of the City purchasing all the land upfront was proposed, the developer said that's a gamechanger because it removes so much of the cost and risk they would otherwise have trying to find financing as they do not have a thick balance sheet and are a cash poor developer and getting banks to lend a significant amount in today's environment, without knowing the constructing costs and purchasing unentitled land makes it very risky and difficult for them. Mr. Greenough continued, if the City is comfortable and knows it wants to control this property regardless of whether there are storm seas ahead that the developer faces or entitlement issues, new conditions found on the property, community opposition to what is proposed, etc., if the City is willing take on that risk, it will have a lot more control and be able to bring in a project at a much lower rate. That is the biggest risk/reward tradeoff the City faces. The City has a good partner that can attract interest in building this type of a project, workforce housing at a transit hub, which will generate a lot of interest. If the City provides funding, the likelihood of attracting other funding partners and achieving this project goes up significantly. Council President Olson said she submitted this question via email yesterday. If the council wanted to modify the approach and instead of workforce housing on the entire project, do workforce housing on 20- 33% of it, how does that impact possibilities and financing options and do the opportunities to support the project go away or is that enough to still be attractive. Mr. Greenough clarified Council President Olson's question, the City's portion, the civic center portion wouldn't change but the mix of housing becomes less workforce housing and more market rate housing. Council President Olson agreed that was her question. Mr. Greenough explained market rate housing brings in more rents if they are not subsidized, but it attracts fewer subsidies. He was sure the developer could provide development proposals showing different mixes of market and workforce housing. Council President Olson asked if the developer would still be interested if the City does not have the money to invest in the community portion of the development. Mr. Greenough answered most developers he has worked with, although he could not speak for this developer because he hasn't worked with them, are happy to have a civic center next door, but whether it's a civic center, other housing or even grass for a long time, that is probably not a big driver of their interest in moving forward with their portion of the project. Staff may have had other conversations with the developer, but his guess would be the developer was not driven principally by the ability to co -locate with the civic uses. He expected the developer would view the civic uses as amenities but not as gamechangers. Edmonds City Council Draft Minutes June 4, 2024 Page 20 Packet Pg. 166 7.2.a Ms. McLaughlin explained staff is early in their conversations with this potential partner; in those early conversations and during the interview process., the civic component was critical to what they believed as building community, particularly for workforce and affordable housing over a 55 year period, thinking about that as a stable use and one that would provide an amenity for the community as a whole. She acknowledged what Mr. Greenough said could also true, once conversations regarding potential composition and what the City is able/unable to bring to the table, that may change their perspective and there could be a comparable to that civic component. Mr. Greenough said he did not mean to be glib, the developer responded to the RFP because they are interested in the project, want to work with the City and value the City's vision for its parcel. If the City isn't able to develop its portion, he was unsure that would change the developer's approach or the economics, but his hunch was it wouldn't change significantly. Likely the developer views it as an amenity, but it was unlikely to change the spreadsheets they are developing to determine how much each door will cost. Councilmember Tibbott relayed he could see the advantage to the developer for the City to take on the whole purchase price and the potential for a lower cost mortgage. There are leases on the property so the holding period is fairly significant, 3-3.5 years. He asked the risk of holding onto the property for that amount of time and the cost to the City of holding it. Mr. Greenough answered he hasn't seen the developer's proposed development schedule; there are a lot of ways of dealing with a tenant including buying them out. There is a lot to be done before any tenant on the property would be asked to leave. As long as the City has the ability to conduct due diligence; environmental and archeological consulting firms can do that with buildings in place. He suggested that would be a good question to ask the developer, how best to handle the tenant on site. Councilmember Tibbott relayed his understanding that the City would pay the holding cost if the preferred developer option were pursued. Mr. Greenough answered the developer hasn't developed a preferred option; the first time they heard the City might do something other than ask them to pay for their parcel in cash next September was the meeting he and staff had with them and opened their eyes to thinking there may be a different way of working things out. The City hasn't promised the developer anything and this was not a request made by the developer. Councilmember Tibbott said a secondary risk to consider is all the housing being planned and developed in the Shoreline area as well as around the transit hub in Lynnwood; thousands of housing units are planned in the area in next few years. He asked to what extent that was a risk. Mr. Greenough agreed it was a risk, but was not something he was qualified to address. With regard to holding the property for the lease period, that will be an issue regardless of who finances the property. If it is the developer, their cost to hold that will be significantly higher than the City's cost. Is there is a way the City can carry that cost at a lower rate in exchange for getting back from the developer increased ground rent than they otherwise would get after the building is up and running, the developer is cash flowing and bringing in rents, and is able pay an above market ground rent to the City to make up for the risk the City took on in carrying the property during the entitlement and construction period. The intent is not that the City subsidize this; the intent would be to figure out who can control risk and who can take on the risk more adequately. Mr. Tatum commented managing that risk is a key point; managing that risk in this way adds more to the project. To the question of what the City brings to the project, the City has the ability to manage lower interest rate risk in particular over time which brings something to the project. That is a valuable tool to consider in this process. Councilmember Eck observed there are more grants and funding opportunities than ever with the focus on housing. With regard to his remark about grants and funding opportunities, she asked if there was a particular average median income (AMI) that would be more attractive to grantors and fenders. Mr. Greenough answered he has colleagues who work in the low income sector and could answer that; he Edmonds City Council Draft Minutes June 4, 2024 Page 21 Packet Pg. 167 7.2.a suggested bringing them in for an encore session. He also understood the developer the City is in conversation with could likely answer that question. It is entirely reasonable to ask the developer to develop a couple alternatives with regard to the mix of housing that could go on that parcel and what might be most advantageous. Councilmember Eck was glad to hear him mention workforce housing and asked what AMI he envisioned. Mr. Greenough recalled what was financed in Georgetown was 60-80% AMI; it was for artisans who want to stay in studios creating art and other middle income, but not low income public housing. Mr. Tatum commented there is a group that is not part of this discussion, the group that respond to the RFP. Greycourt is one of the partners and they have extensive experience in developing many types of housing. They have the tools to determine the cost per door, characteristics of the housing, AMI, rents, etc. He recalled their aim for this housing was for 30-80% AMI. Councilmember Chen commented it was very interesting to learn about the risk and rewards. When meeting with J2 along with the staff team, he was under the impression J2 has the advantages of access to grants and loans for low income housing. Tonight's presentation is a twist, looking at the City carrying the cost of acquiring the land and using the City's low interest as a strategy. That was a big change for him, but he was glad to hear about different options. He asked whether J2 had a successful history of acquiring grants. Mr. Greenough said staff knows J2 better than he does. He assured it was not J2's idea that the City purchase the property; that was an idea that was worked on internally and was just recently introduced to J2. It was not introduced because J2 said they couldn't get financing, it had been his experience over many decades of these type of projects that public financing is the least expensive, especially compared to developer financing. He works in the public financing sector, but does not push projects; the policy decision for how to proceed with this project is completely up to the council, he is just here to provide legal advice and assistance depending on how the council decides to structure it. Ms. McLaughlin explained bringing this conversation forward with the transparency that this was not led by the developer and decisions have not been made. These are questions that came to staff's mind that they have a hard time answering; what is the City bringing to the table, what are the options, how to lower the City's risk, how to maximize the outcomes in alignment with the community vision, etc. Those are some of the things the internal team has been discussing and Mr. Greenough supporting that conversation with these plot twists. Mr. Tatum said hearing options about how to deal with carrying costs, interest over time, ground lease, market rate ground lease, etc., the staff team thought it would be a good opportunity to have that discussion with council and for the public to hear about it. Councilmember Chen said he was open to discussion, but his first reaction was it actually increases the City's risk instead of decreasing it. He recalled during Mr. Greenough's presentation, he mentioned the City will need to come up with $1 OM for the City's portion of the land acquisition. If the City is responsible for developing the civic center, that may cost another $15-16M so a total of $25M plus carrying costs. Ms. McLaughlin responded those were hypotheticals in terms of trying to apply the concept to this particular size. Staff is not at the point of being able to come to council with financing options for this site with this particular developer. That is why it is critical to come to council now with options. Mr. Greenough explained that is why he tried to convey a complete ballpark number. He has not dug into the numbers for any of the various proposals. Mr. Tatum explained there are tools available such as impact fees and interest rates arbitrage for the City to get equity into the project in ways that are more creative. Councilmember Chen said he looked forward to the advantages J2 provides related to access to grants, recalling during the conversation with them, that was their strong point in this partnership. He looked forward to learning more from J2. Edmonds City Council Draft Minutes June 4, 2024 Page 22 Packet Pg. 168 7.2.a Councilmember Paine assumed since the bond attorney was also present that staff was looking at bonding for the ultimate purchase and possibly some extra money. Similar to Councilmember Chen's comments, the repayment of whatever financial mechanism of whatever path the City goes down, she was particularly interested in condominiumization so some of the parcels can be sold off once they are developed. She asked if there were grants available to help pay for the land as well as developing housing. Mr. Greenough answered developers need to acquire land before they build projects so that will be a big part of the discussion when they are assembling their financing package. There will be a blend of loans, grants, ongoing subsidies, and equity that the developer has to put in to pull off such a development. Some of these housing projects have many, many different funders such as selling off low income housing tax credits to investors on the east coast, local government subsidies, some of them are very complex. Mr. Tatum relayed the federal government has a number of subsidized funding options for the purchase and construction of affordable housing. Ms. McLaughlin reiterated this was not something J2 said they could not do; this was an exploration of what it would make sense for the City to do in light of its financial situation, how to get what the City wants out of this deal, how the City makes a potential contribution such as maintaining or owning the public space, constructing the civic building, etc. Tonight's discussion is to help understand the City's strength in the bond process and the City's ability to borrow at lower interest rates. Councilmember Paine relayed her understanding there will be many avenues for funding streams, commenting it will be imperative to consider how those will come together with the aspects Mr. Greenough reviewed. The council will need to have that information in digestible chunks, in tables with footnotes, etc. She will appreciate getting a fuller answer on that. Councilmember Dotsch asked if staff knew the financial health of J2, whether the finance department has looked at a 3-year balance sheet or profit and loss statement. Mr. Tatum answered it is a partnership, not just J2, and that information has not been evaluated. When the City gets to a negotiation phase with them in earnest, understanding their financial health and whether they are able to bring dollars to table will be at the top of the list. They already have $5M in funding toward this project. COUNCILMEMBER DOTSCH MOVED TO POSTPONE INDEFINITELY FURTHER DISCUSSION OF THE LANDMARK 99 FINANCING OPTIONS AND DEVELOPER NEGOTIATIONS. MOTION DIED FOR LACK FOR SECOND. Councilmember Nand prefaced her comments by saying she thought Landmark 99 was a parcel the City could potentially be engaged with for a significant period of time. Due to the changed economic circumstances in the financial sector with interest rates and also the City's budgetary constraints, she asked if the City does not execute on March 1, 2025 on the full 10+ acres, is the City under any obligation with the developer with regard to attempting to bring forward this $37M purchase. Mr. Tatum answered no, the option expires if the City does not execute on March 31, 2025. Councilmember Nand recalled initially this project began by Director Feser inquiring about the two acres of open space behind the Burlington Coat Factory property. If the council adopted a strategy of attempting to acquire acres of the parcel over time, she understood that would delay engagement with the developer, but it could ease the economic strain on the City from attempting to master plan and envision what would eventually happen on the site. Mr. Tatum answered it was staff s understanding the property owner was interested in selling all his ownership in the property outright. Councilmember Nand observed until March 1, 2025, the City is still at liberty to tell the property owner to market it and see what happens and attempt to reengage in negotiations after that point. Mr. Tatum agreed the City could abandon its option and the property owner could do whatever he wants, retain it, modify it, develop it, sell it, etc., and the City would be free to do whatever it wished as well. Edmonds City Council Draft Minutes June 4, 2024 Page 23 Packet Pg. 169 7.2.a Councilmember Nand observed the City has been quite direct in engaging with the state delegation on the Edmonds Marsh, obtaining an option, etc. She asked if there was anything stopping the City from approaching the delegation to inquire about potential grants and funding sources or was there a reason the City had to go through J2. Mr. Tatum answered no, but the City is not a developer and so it makes sense for the developer to seek funds for development. The City can be a great partner in that effort such as providing supporting documentation, participating in the project, etc. to help the developer secure funding. Ms. McLaughlin explained the City can also bring infrastructure funds to offset developer obligations. For example, the $22M provided by the state for Highway 99 improvements are favorable to the development team. Councilmember Nand said she has always been very interested in exploring this project and seeing what the possibilities are, but if the 10 acre bite for $37M will be too much for a city the size of Edmonds to chew, she would be interested in the condominiumization before executing on the $37M deal and go back to negotiations with the property owner about acquiring smaller portions piecemeal over time that could eventually be assembled and developed to spread out the pain financially. i D�Kili1�[N L�Kilu lu I OUK0 Councilmember Eck commented she was honored to live in a City that approved a proclamation for Pride Month and has an array of activities for Pride Month although she acknowledged there is a lot more work to be done. In her experience working in human services, approximately 40% of all street and homeless youth are LGBTQIA and have had to flee or were kicked out and are now homeless. Protecting youth is near and dear to her heart and anything that can be done to continue to support youth is very important. The City should feel good about the proclamation and keep doing the hard work. Council President Olson wished her husband a happy 35' wedding anniversary today. Councilmember Paine loved that the City has these celebrations. She gets unreasonable excited about transit options, but Pride takes the cake for June. Celebrating Pride Month provides visible support for community members who have gone through a lot of strife, noting the ability to openly celebrate who you love and who you are is relative recent in history. It is wonderful to recognize Pride Month and support families and neighbors. She referred to a list of Pride events happening in Edmonds. Councilmember Nand provided an anecdote she shared with Pride of Edmonds members; when she was an Edmonds Community College student in 2007, a contingent from the college had an entry in the Seattle Pride Parade. When they reached the marshal, someone shouted, there are gay people in Edmonds? The ten events and years of work done by Deputy City Clerk Nick Falk, members of Pride of Edmonds, Rowan Soiset with Edmonds Queer Youth Alliance, demonstrates there are gay people in Edmonds. She was extremely proud of the LGBTQ+ community and proud of the way the City is showing love and inclusivity and embracing everyone, because everyone belongs in Edmonds. f[�►i /�[iT:ihYKi a ►]Ti i I il`►Y I[." Mayor Rosen thanked the community, the council and the staff who participated tonight. ADJOURNMENT With no further business, the council meeting was adjourned at 10:29 pm. Edmonds City Council Draft Minutes June 4, 2024 Page 24 Packet Pg. 170 7.3 City Council Agenda Item Meeting Date: 06/25/2024 Approval of Council Meeting Minutes June 11, 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: 2024-06-11 Council Minutes Packet Pg. 171 7.3.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES June 11, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember ELECTED OFFICIALS ABSENT Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Michelle Bennett, Police Chief Rod Sniffen, Assistant Police Chief Oscar Antillon, Public Works Director Kim Dunscombe, Deputy Admin. Serv. Dir. Susan McLaughlin, Planning & Dev. Dir. Rob English, City Engineer Emily Wagener, Human Resources Analyst Bertrand Hauss, Transportation Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 7 pm by Mayor Rosen in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT r Councilmember Dotsch read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land v and water." — 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Nand. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO EXCUSE COUNCILMEMBER NAND'S ABSENCE. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS JUNETEENTH PROCLAMATION Mayor Rosen read a proclamation proclaiming June 19, 2024, as Juneteenth Day of Observance and calling upon the citizens of Edmonds to celebrate the emancipation of all Black Americans and commit together Edmonds City Council Draft Minutes June 11, 2024 Page 1 Packet Pg. 172 7.3.a to eradicate systemic racism and inequity that can never be tolerated and must always be fought against. He presented the proclamation to Donnie Griffin, Lift Every Voice Legacy (LEVL). Mr. Griffin thanked the mayor and council for the proclamation. He introduced Robin Ullman, LEVL board member and a significant partner in her role as the director of operations and outreach for Edmonds Waterfront Center, a partnership that has been growing and developing. Ms. Ullman thanked Mr. Griffin for having the Edmonds Waterfront Center (EWC) as part of this proclamation. EWC looks at their partnership with LEVL as significant, not only this celebration of Juneteenth and also the other work EWC does to make the community aware of the importance of partnering. On behalf of the Edmonds Waterfront Center, she was honored to have a partnership with the City's team, Todd Tatum and Shannon Burley, and fostering that relationship. CD N N Mr. Griffin acknowledged audience members who give him joy by working with them, Richard Taylor, Patrick Carter, and his lovely, wonderful wife, Ross Griffin. He relayed his granddaughter sent him a text c as part of a class project, asking what he thought about becoming an American. He shared what he wrote to her, hey y'all, what's up? My name's Donnie Griffin, I'm 71 years old and I was born in a small town in California. When I am asked what it means to be American, I think of two words, the promise. The promise = that we are all created equal, endowed by our creator with certain unalienable rights and among those are life, liberty and the pursuit of happiness. That promise was unfulfilled in 1855 when his grandfather was born, Isaac McDow Young, but he had a hope. When he was 8 years old, his family was freed, but he had a hope that lived in that promise. He went on to go to college, became an ordained minister in the °' Presbyterian faith, immigrated from South Carolina to Central California where he owned land and raised — nine kids, one of which was his father. He taught them that promise, life, liberty and the pursuit of happiness. 0 Mr. Griffin continued, not that his grandfather had experienced it himself from slavery to becoming a land U owner, but he knew there was more to it and he passed that on to his family and Donnie's father passed it 0 �a on to him. When he can partner with the members of the community, with Robin and with others to embrace c this notion of the promise through Juneteenth and acknowledge that as part of the fabric of the life of n Edmonds, he thinks of his grandfather and what he would say to that. Abraham Lincoln himself did not a think the day would come that Black people would sit among white people and talking about equality and w sharing the wealth of this great nation in so many ways. Before he signed the emancipation proclamation, Abraham Lincoln thought if there were Africans who wanted to go back to Africa, the Caribbean or South =_ America, he would provide free voyage on ships. Unfortunately, he was talked out of that by a group of Black pastors. Abraham Lincoln would be surprised at what we're doing. He thanked the City for acknowledging Juneteenth in the fabric of life in Edmonds. 3 0 U 5. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. Council President Olson requested Consent Agenda Items 7.5, Teamsters Local 763 Commanders 2023- 2025 1 Collective Bargaining Agreement, and 7.6, 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," be removed from the consent agenda. Mayor Rosen advised those would be added to the agenda under Council Business as Items 8.5 and 8.6. Councilmember Paine asked if these would be voted on separately as part of the consent agenda or added to the agenda under Council Business. Mayor Rosen advised they were added to agenda as items 8.5 and 8.6. Edmonds City Council Draft Minutes June 11, 2024 Page 2 Packet Pg. 173 7.3.a MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Annie Crawley, Edmonds, a citizen of Edmonds and of the ocean, said in preparation for her community program, Our Underwater Backyard, this Thursday at the Edmonds Waterfront Center, she has been researching; she went diving, held meetings at Brackett's Landing North at the picnic tables and did a lot of thoughtful observation on the City's beaches and with visitors. Last Saturday, June 8, was World Oceans Day and one of the lowest King tides of the year. She thought how much a docent population or team of volunteers was needed to educate and interact with all the visitors. With budget cuts came the tragedy of no beach rangers, no visitors center at the beach or volunteers which leaves a huge hole in the community. It was never more apparent to her than this weekend and over the past couple days. She wondered who will talk to the thousands of people who come from all over the region and beyond who do not know how to interact with wildlife and their dogs. She thought of programs like the Seattle Aquarium's outreach volunteers and WSU Beach Watch Program and wondered why solutions on the waterfront cannot be created similar to other beaches in other regions. Ms. Crawley continued, the Underwater Park was formed because of the mayor and city council who went underwater to see the beauty. It was driven by a kindergarten teacher who formed the Brackett's Landing North task force that created marine sanctuaries, but there is no enforcement. In 1980 a group of concerned citizens rallied community support to save the waterfront from destruction. It is very important to continue that and think about what can be done creatively and out of the box to continue it. She offered to help in whatever way she can. It is not only the waterfront, but also sewage and everything done on land that impacts the ocean. Thousands of people come to the City's beaches and don't know how to interact. The existing signs say no dogs in the park, but nobody realizes the trail is part of the park and signage is needed that states no dogs in the park or on the paths. She encouraged the council to visit the park and talk to people with their dogs. She referenced the last sentence of the Land Acknowledgement Statement regarding protecting the land and water. 7. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF 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 4. APPROVAL OF PUBLIC PEDESTRIAN EASEMENT ALONG 76TH AVE W ADJACENT TO 22224 76TH AVE W 8. COUNCIL BUSINESS 1. TRANSPORTATION PLAN UPDATE Transportation Engineer Bertrand Hauss introduced Patrick Lynch and Paul Sharman, Transpo Group. In February multimodal level of service (MMLOS) update to council. He reviewed: • Edmonds Transportation Vision "Edmonds is a community where every resident, regardless of their income, background, or ability can safely travel on foot, by bicycle, transit or vehicle to their destination both within the city and to neighboring areas" s, Edmonds City Council Draft Minutes June 11, 2024 Page 3 Packet Pg. 174 7.3.a Pedestrians Bicycles 'ublic Transit imercial/Freight cupancyVehicle ipancyVehicle • Pedestrian/Bicycle Network Goals o Goals of the Planned Networks: ■ Maximize / improve accessibility to: - Parks, schools, community destinations, transit - Regional destinations outside the City ■ Supports the land use vision (areas of growth have adequate facilities) ■ Balance connectivity vs. feasibility of network construction (right of way and/or topographic challenges) ■ Foster active transportation options and reduce reliance on vehicles (in support of Complete Streets Ordinance) ■ Address disparities in access to safe and convenient walking and biking facilities Paul Sharman, Transpo Group, reviewed: • Existing Pedestrian Network o Sidewalk and off-street network LEGEND { — Stl IM N RWWW EEdmnds Cry U" �� -� •� Mrr ' r XJ • 2015 Transportation Plan - Pedestrian Projects Edmonds City Council Draft Minutes June 11, 2024 Page 4 Packet Pg. 175 7.3.a +. S." P"_ — E.-N Peed WA. " [.wuq llnPrwC WM�q PyPI.Pgr Pt.W m P.Q.sp.w Cm g iR ,_, Draft Pedestrian Network LEGEND POE H. Route Ty" Loral Sueef „�, .,.,. EbrorMs Gry l.nRs . , - � ■ • Pedestrian Network and Land Use A up o Previous sidewalk projects ■ 28 long walkway ■ 12 short walkway ■ Projects scored / prioritized 0 5 projects completed ■ 1,700 ft of new sidewalk - Dayton St - 2nd Ave S - Walnut St - Elm Way - Maple St o Identified Segments from 2015 plan ■ Proximity to pedestrian generators - Schools / Parks / Transit o Street classification o Speed Limit o Average Daily Traffic o Alignment with land use growth o Map identifies series of primary and secondary corridors supported by a series of local streets and trails o Dark blue: Primary corridors ■ Function as backbone of system that offer connections to a majority of important community destinations. ■ Usually along arterials or collectors o Lighter blue: secondary routes supportive of primary network ■ Provide system continuity by connecting segments of the primary network with on -street or off-street facilities ■ Offer more comfortable routes on quieter streets although may not be as direct o Primary corridors and secondary routes are supported by key local streets and trail system Edmonds City Council Draft Minutes June 11, 2024 Page 5 Packet Pg. 176 7.3.a o Does network align with land use growth? ■ Map shows center and hubs where growth will be concentrated ■ Ensure connectivity to each of those key areas of growth r e-I Mr. Hauss reviewed: • 2015 Transportation Plan — Bike Network . • i �.w- 9W • Existing Bicycle Network o On -street and off-street network 0 11.5 miles of bike lanes built since 2015 ■ 76th Ave W (from 220t' to OVD) ■ 212 St SW (from Five Corners to 9t' Ave S) ■ 9th Ave S / 100' (from 244t' to Bowdoin Way) ■ Bowdoin Way (9`h Ave S to Five Corners Edmonds City Council Draft Minutes June 11, 2024 Page 6 Packet Pg. 177 7.3.a • Draft Bic cle Network LEGEND ^ o Bi BIrycN FWppr Type N Br» ISM � — SnrM Rotl Blwa Fac aOu»i aCiy ■ a nbm.,a. a,,,u Lgn�an sa.� o A I w» ge o Ft • v • Draft Bicycle Network — What's changed? t _ _ -1 • e U � .' pw{' v � o Ec�w �. pcs�rwpv.� cycle network Segments from 2015 plan Street Classification Speed Limit Average Daily Traffic (ADT) Alignment with land use growth few routes will require additional study given ometric constraints ture Feasibility Study Pedestrian/Bike Bridge (not yet constructed) to connect Shoreline and Edmonds U) a� c c 0 U 0 4 N O N C d E t U M Q Edmonds City Council Draft Minutes June 11, 2024 Page 7 Packet Pg. 178 7.3.a • Bicycle network and Land Use o Does the network align with land use growth? t� 1" 1 Perrin vilIe ! I North Bow I e. Downtown/ Waterfront _ rt 428 i' 1/jap ,es t 123 Five Medical f L Corners- Ex� lic 112 ISO 7�p 710 Jt ti] t33 lea + IS 19 I Westgate Hwy 99 Subarea 14-6. 7mae �da t lfillage � Mr. Sharman reviewed: • Existing Bus Network �Y • Draft Transit Network o Bus / train / ferry network o Existing (2024) fixed -route transit network (operated by Community Transit) o Includes bus stops and'/4 mile buffers o New Route 102 from Edmonds to o Lynwood TC (March 30, 2024) o Key connections throughout City ■ Downtown ■ Edmonds Station ■ Aurora Village o New routes in September 2024 ■ Align with new Light Rail Service ■ New route along 9th Ave/100th Ave from Downtown Edmonds to Mountlake Terrace Transit Station Edmonds City Council Draft Minutes June 11, 2024 Page 8 Packet Pg. 179 7.3.a o Proposed service expansions short term and long term (through 2044) o Service enhancements o Crossing enhancements o Prioritization criteria o Pending up -coming discussions with Community Transit, Sound Transit, and o Washington State Ferry Patrick Lynch, Transpo Group, provided an update on multimodal level of service (MMLOS): • Draft MMLOS Program o Corridor travel time ■ Speed to LOS determined by Highway Capacity Manual (industry standard) as a percent of speed limit LOS on roadways still LOS C for collector and D for arterials - State facilities still LOS D/E - Transit LOS captured in corridor travel time o Active transportation (pedestrian and bicycle) system assessed on system completeness of planned network • Travel Time Corridors o 15 corridors for travel times Corridor 14 - SR 99 (228th St to city limits) LEGEND 1 21d Aw 45 —Northbound —Soulhbound Existing Corridor l2 CaapwI pugat INevel 40 35 3A_ _______________________ OS L Los C BS 0 LOS D WS — — — LOS E 10 5 0 ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ a o. a o. o. o. n o. a o. a o. o. 8: t28: R t28:R t28: 8e m m m � � Time ONa"y" < m m m m of 5-1- 7 Mein St —A-C 4 212th D 0 100th Aw — E 0 Finials 12Mth F 7 am I SR 104 Ralway Edmonds City limas ME: 11 1 Uth �? 12 SR 10415oulh) $ Mr. Hauss reviewed: • Public Outreach o Transportation Committee ■ Meetings started in November 2023 ■ Meet approximately on monthly basis to receive feedback on different items being worked on ■ On -going meetings to completion of Plan in late 2024 o Transportation Survey ■ Survey closed June 1 Oth Edmonds City Council Draft Minutes June 11, 2024 Page 9 Packet Pg. 180 7.3.a ■ Evaluation of results o Community meeting (as part of Comprehensive Plan) ■ Held on May 30, 2024 ■ Goals and Policies of Transportation Plan discussion ■ Evaluate comments from meeting with survey results o Up -coming Public Open House ■ Summer 2024 (Date / time: TBD) Next Steps o Updated LOS analysis for each scenario ■ Existing ■ 2044 Land Use Alt A ■ 2044 Land Use Alt B o Support development of Environmental Impact Statement (EIS) o Develop transportation project list to address LOS deficiencies o Prepare preliminary cost estimates o Draft Transportation Master Plan Document Schedule SCHEDULE Multimodal Level of Service Program Environmental Impact Statement Develop Draft Project List Draft Transportation Element Updated Land Use / Modeling Finalize Project List and Transportation Element 2024 June j July j Aug j Sep I Oct j Nov j Dec Outreach Q o Upcoming outreach events ■ Transportation Advisory Committee (July through November); ■ Neighborhood Meetings (August & September); ■ EIS Public Hearing (9/6); and ■ Plan Adoption (December 2024 0 Councilmember Eck expressed gratitude for the in-depth update as she did not have the history from 2015. v r An impressive amount of work has been accomplished in the past nine years, overwhelming in a great way. She thanked the team for the diligent outreach that was done beyond the steps that are mandated, o commenting on the importance of public feedback. She was intrigued by efforts toward multimodal means N of transportation. She loved the mention of the bike bridge and potentially partnering with Shoreline as she N was aware of some of the existing safety issues. Councilmember Tibbott referred to packet page 176 where the travel time graph differed from the graph in the presentation and requested that updated map be provided to council. Mr. Hauss agreed that had been updated since the packet was prepared. Councilmember Tibbott asked about a connection to the Mountlake Terrace light rail station. Mr. Hauss said as part of the citywide bike project, a signal was added at 228', and in addition to 9t' and Bowdoin, a short bike lane was added to 80t' which needs to be added to the map; 80t' in Snohomish County is a low volume street that connects to 220t''. Councilmember Tibbott suggested that be identified on the map as it is a very significant crossing. Edmonds City Council Draft Minutes June 11, 2024 Page 10 Packet Pg. 181 7.3.a Councilmember Tibbott referred to packet page 169, draft bicycle network, which identifies bike lanes in the gold color on Main Street and west of 9' which he assumed was Dayton. Mr. Hauss agreed the street south of Main Street was Dayton. Councilmember Tibbott said he has driven this and walked some of it and wondered why the bike line did not right turn on 9' and go up Bowdoin. Bowdoin already has a bike lane and it is a gentler grade than Main Street. He expressed concern the draft bicycle network draws straight lines when there are wide variation in topography. To him, it would make more sense to do more jogs in the plan to take advantage of, 1) existing bike lanes, and 2) better travel routes. He suggested the draft bicycle network map be revised. Many of the streets with sharrows are low volume streets with the exception of OVD which is not low volume but there is no space for bike lanes. He offered to send further comments via email. Council President Olson said she was definitely in favor of MMLOS. She reminded the consultants and staff in an earlier presentation regarding updating transportation plan, there was discussion about the decrease in quality for each user in the effort to move to a MMLOS and asked that they keep that in mind on a continual basis. In reading the existing comprehensive plan, she was struck by the policy direction that we shouldn't care about accommodating occasional users to the roadways and should prioritize the regular users; for example a smaller family vehicle versus a bus, trash collection or fire service vehicle. Those bigger vehicles are important to road use and community safety and she hoped the roadways would not be impassable for those bigger vehicle in pursuit of making the other modes happen. Council President Olson appreciated the comments other councilmembers have made and assumed they were able to visualize the maps better than she could. Instead of an open house, she suggested a bus tour of the City to talk about plans for each street. That would register and resonate and help her understand; just seeing it on the map she doesn't get it and didn't think an open house would help. Councilmember Chen expressed his gratitude for the presentation mentioning efforts to connect the M Interurban Trail to King County and an area on Highway 99 where there is no connection from 76' and c 224' to the Interurban Trail. With regard to studying the trail connection between Snohomish County and n King County, he asked whether Edmonds was taking the lead. Mr. Hauss answered the initial step was to a identify it in the transportation plan and the TIP; it will be necessary to meet with WSDOT, Shoreline and w other agencies. The next step will be a joint feasibility study. At this point, no one is taking the lead. Councilmember Chen relayed his understanding it is in the initial stages and will require the involvement =_ of many parties. Mr. Hauss commented it will also be necessary to identify funding sources. c Councilmember Chen observed the transportation plan update is part of comprehensive plan update. The 0 population growth target of 13,000 may or may not be the right number. He asked if the transportation plan t� was flexible as changes occur. Mr. English advised information related to where the proposed growth is planned is used to model the transportation network. Planning has not indicated the numbers will change, c it is more where growth is potentially located in Alternatives A and B. V eu Councilmember Dotsch asked for a definition of multiuse path. Mr. Hauss answered it could be a protected lane shared by pedestrians and bicycles adjacent to the travel lane and raised from the roadway. Councilmember Dotsch asked if it would be marked for both uses like Green Lake where there is one side for bikes and one side for pedestrians. Mr. Hauss answered that is the safest way to do that; mixing the uses could cause safety issues. Councilmember Dotsch asked how wide the path would need to be to accommodate both uses. Mr. Hauss answered the minimum is 10'. Councilmember Dotsch said she went to meeting at the high school attended by about 25 people including staff and consultants. She suggested presenting information at hyper local neighborhood meetings where people know their neighborhoods and how they travel. With regard to the survey, she emphasized they are not statistically accurate surveys and suggested caution in relying on that Edmonds City Council Draft Minutes June 11, 2024 Page 11 Packet Pg. 182 7.3.a information and preferred they not be called surveys. With regard to the draft bicycle network map, she lives in Maplewood and not realizing it was a growth center, was surprised by the path from Main to 196' The map shows 88t1i connecting to Main which it does not; it is a weird dead-end with a cul-de-sac and a sloping hillside with a single person wide, rough trail. It would be ambitious to think there could be a connection there to connect Maplewood to Main as the topography would require a huge project. Mr. Hauss responded there is a small path there shown in brown. Councilmember Dotsch said it only connects to a dead-end cul-de-sac not to 88t1i. Mr. Hauss advised the team would look at it. Councilmember Dotsch referred to the Main Street connection to the ferry, it still says bike lane, but she was unsure about adding a bike lane from the ferry traveling uphill and there is no space so it would require eliminating parking downtown. She wondered if there were already sharrows in that area, noting that may be more realistic for the future. She Dotsch referred to the pedestrian map and the travel time corridors map, commenting the north end of OVD is not accessible on the maps. Upper OVD is heavily traveled and an access point to reach sports parks, schools, Mukilteo, Highway 99, etc. She asked why that was not considered as a connection to the north. Mr. Hauss answered bike use in that area needs to be studied due to topography issues and there are no -stop controlled intersections for vehicles, it is free flowing the entire way compared to other corridors where there are traffic signals. Because there is nothing to stop traffic, the LOS will be A all the time as vehicles are not slowing for anything. Councilmember Paine recalled the team mentioned at the last council meeting how many people responded to the survey, recalling it was an astounding number. Mr. Hauss answered there were 140 responses to the °' initial survey. She asked the number of responses to the later survey. Mr. Hauss answered 115-120. — Councilmember Paine expressed appreciation for the opportunity to attend public meetings along with thoughtful people from a broad sector of the community, and for the approach staff and the consultants are v taking to incorporate MMLOS which although it has always part of the transportation element, the state c now mandates the inclusion of MMLOS. There are many things that promote safety and the council often receives emails with concerns about bike lanes. Over the past 18 months, approximately a dozen c communities have expressed concern with speeding in their neighborhoods. The speed tables on OVD have n reduced speeds tremendously. OVD no longer feels like a cut through to reach Lynnwood after a ferry a unloads. She looked forward to the next meeting and public outreach. The neighborhood meetings will a w great opportunity for discussion, particularly for the most impacted neighborhoods. c 2. RESOLUTION FOR ANNEXATION INTO RFA M Councilmember Tibbott introduced this item, explain the packet contains a resolution and a c recommendation to approve the resolution expressing intent to pursue the benefits of receiving fire and t� emergency medical services from South Snohomish County Regional Fire and Rescue Authority via annexation. This resolution came to council eight months ago; there have been a dozen meetings at the c council and committee level and this is the council's third meeting on this topic in the last month. There N has been a lot of discussion, presentations from experts, and input from residents. The packet includes the c N final Fitch report, resolutions, questions and responses from the July 4 study session, and meeting notes. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE RESOLUTION TITLED, "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 SOUTH SNOHOMISH COUNTY REGIONAL FIRE AND RESCUE AUTHORITY VIA ANNEXATION." Councilmember Tibbott explained one of reasons for moving this forward is the significant number of negotiation points to cover with the RFA as the process of annexation begins. Those negotiations can begin once the city council passes the resolution and it behooves the council to begin negotiations as soon as Edmonds City Council Draft Minutes June 11, 2024 Page 12 Packet Pg. 183 7.3.a possible so if any unresolvable conflicts arise, the council can plan a different strategy. He concluded for now this was a prudent course and he supports the resolution. Councilmember Paine agreed with Councilmember Tibbott, the council has spent a lot of time reviewing the information provided and getting feedback from the community. What the council does not have is information and outreach support from SCF. She expressed her total support for approving the resolution to start information sharing. Councilmember Chen agreed there has been a long and very careful deliberation by the city council, administration, SCF and the community at large. Experts have provided their report as a result of careful 4 study. When it comes down to it, there are several options, but only two are truly possible, 1) annexing into c SCF RFA, or 2) the City starting its own fire department. There are many considerations; he highlighted N five things that jump out to him, first the costs of those options are very comparable. If the City joins SCF, the overall cost will go up to $18.7M, but if the City starts its own fire department, the estimated cost is c $18.8M. Second, in terms of services, the RFA delivers outstanding services and response time for medical services, fire, battalion chief, rescue boat, etc. If the City starts its own fire department, it will start from scratch and it will be a steep hill to climb. Third, regarding personnel and training, if the City becomes a = member of the RFA, everything is already in place. If the City started its own department, the HR department would have to be expanded, 53 people would need to be hired, training programs developed, etc., another steep hill to climb. Fourth, with regard to programs, the RFA delivers excellent services. Fifth, the equipment is already in place if the City joins SCF. If the City starts its own department and buys the °' rolling stock, major maintenance will be required in the near future. For those top five reasons, — Councilmember Chen said he supports the motion to join the RFA. 0 Council President Olson said her gut feeling about the City going it alone as a fire department is the City c will end up paying as much or more when all is said and done, will require extraordinary initial and ongoing �a effort, and will provide inferior service compared to the RFA. Many of the costs that people are concerned c about controlling would be a challenge to control in the City's own fire department as well. Fire trucks have n doubled in price since 2020, labor markets are competitive, and good firefighters and EMS providers will a only apply and stay if they are paid what other departments pay. She assured the approximately one dozen w community members she has engaged with that she was hearing their concerns and she has some of her own concerns. She felt the City needed to go down this path and engage with the RFA because some of the =_ concerns will get resolved during the negotiations with the RFA. The RFA wants Edmonds to join their organization and want to be a good partner. Edmonds needs information and needs to start the process of negotiation to learn whether joining the RFA will be a winning option. She supported starting that process 0 so those conversations can begin. t� r r Councilmember Dotsch agreed with what has been said. She is an independent thinker and has reviewed c all information. One of the ideas that came up was going to two stations; in doing a deep dive into that, she N believed the level of service provided by the three station served the community in the appropriate manner. N Starting negotiations will allow a level of conversation to happen. The council has had a lot of input from community members; the council also needs to be fiscally responsible with what they bring to the voters. 0 In the event the City does not get what it wants in negotiations with the RFA, she supported considering formation of the City's own fire department on a parallel path. She acknowledged there is a lot of work and discussion to be had, but she was comfortable initiating the negotiation phase with the RFA. a To Councilmember Dotsch's comment, Councilmember Eck said all councilmembers all independent thinkers. She stood by comments she made in committee and at council meetings, which are the same as have been stated by other councilmembers, many of which support the factors Councilmember Tibbott and she identified in last month's PSPHSP committee. This has been a long process with a lot of thought and Edmonds City Council Draft Minutes June 11, 2024 Page 13 Packet Pg. 184 7.3.a conversations. She was grateful for all the public comments the council has received, recognizing this is not easy and there are a lot of complex issues. MOTION CARRIED UNANIMOUSLY. 3. PART TIME SOCIAL WORKER Police Chief Michelle Bennett relayed the police department received notice from Compass Health that they planned to discontinue the social worker program as of May 31, 2024; the City contracted with Compass Health for those services. The social worker is able to address issues related to the needs for crisis intervention and social work within the City as alternative response to dealing with people suffering from addiction, mental illness or other socially related issues versus incarceration or other types of punitive response. The department applied for and received a $51,000 grant from the Association of Washington Cities (AWC) which coincided fairly closely with the end of the Compass Health social worker contract. The council needs to accept the grant and approve the job description. The grant will fund 4%2 months of service for a limited term social worker to fill the gap until other funding sources or other way to fund a social worker can be identified. The City no longer has a social worker as of May 31, 2024. Councilmember Paine said in general she was in support. She asked about the social worker's caseload, relaying her understanding the social worker was already at maximum caseload. She asked if this would extend the position's term until the end of the year and if there would be any change in the caseload. Chief Bennett responded Assistant Chief Sniffen has been working closely with Erin Nathan who was the Compass Health social worker assigned to Edmonds. As of May 31, 2024, she is no longer with the City and turned in all her equipment. She wants to stay in position of social worker with Edmonds which is beneficial to the Edmonds Police Department; instead of a contract through Compass Health, it would be a limited term FTE through the City. Staff is continuing to explore contract options; she met with the cities of Lynnwood and Mountlake Terrace, who also lost their Compass Health social worker, to discuss whether efforts or funding could be combined to potentially have a social worker that serves all three cities. She recognized probably would be an impossible task for one person. Chief Bennett continued, there are possibilities of signing on with consortiums that have programs such as Snohomish County Outreach (SCOUT) teams or other crisis intervention programs. The cities are working together to identify the best option such as a contracting with another entity that provides 24/7 service with a variety of social workers, whether it is best for cities to continue to seek grant funding, etc. Mountlake Terrace is considering using some of their opioid settlement money to fund a social worker specifically related to fentanyl and opioid addiction. There are a number of avenues to explore, but that takes time. U Lynnwood and Mountlake Terrace are still applying for grants. Receipt of this grant will help the department in the short term until other solutions can be identified and avoid the department being without c a social worker which has been a really important program. She agreed the social worker has a full caseload. v This would be a continuation of her work, just a City FTE instead of a contracted employee. o Councilmember Paine agreed it was a best practice to have an imbedded social worker. She relayed her understanding the department was taken off guard by Compass Health's quick decision, recognizing a lot of financial decisions are made quickly. Councilmember Chen agreed it was important to have a social worker working with the police department to handle the needs of the community. He observed the grant fund would fund a part-time position for a 4- 5 month period and feared the person would choose a full time position elsewhere versus uncertainty in Edmonds. He asked what the department planned to do after 4-5 months. Chief Bennett agreed that was a concern. It would be a huge benefit to officers and the community to continue the social worker program. There are no funds in the General Fund to fund a social worker so the best option currently is this grant. Other options include applying for additional grants, looking at how the opioid settlement money could be Edmonds City Council Draft Minutes June 11, 2024 Page 14 Packet Pg. 185 used, etc. The grant funding is a stop gap measure. While at the Washington State Police Chiefs and Sheriffs Conference a couple weeks ago, she was able to speak with employees and staff who offered a grant of about $7,000 to provide bridge funding if the City submitted a request so there could be up to $58,000 with the AWC grant and the additional grant. This is a limited term position because if the City employs a person longer than six months, certain benefits apply. Councilmember Chen referred to page 83 of the adopted 2024 budget; in 2023, the estimated actual spending for the police department was $14.3M and the budget for 2024 was $17.5M. He understood the budget included hiring 8-9 officers that the City is still seeking and asked in the meantime whether there was room in the budget to absorb funding for this critical social worker position and then look for other options. Chief Bennett answered in discussions with Administrative Services Deputy Director Kim Dunscome, there is no money available to fund the position. Councilmember Chen commented the 2024 budget was $17.5M, which is $4M than actual spending in 2023. Chief Bennett suggested Ms. Dunscombe could provide that documentation. The police department was under budget last year and the budget is more in 2024 than 2023, but based on a number of financial factors, there are no funds available. The way the budget is currently being administered with regard to vacancies, the police department does not have any additional money to fund a social worker. Mayor Rosen assured there are no General Funds available to fund this position and additional cuts are being sought in the budget which is why departments are looking for outside funding such as this grant. Without funding from the grant, the position would not exist, he would not approve it. Council President Olson commented one of the answers to the budget question was the buffer of $3.2M for E expected vacancies that was taken out of the budget on the front end so that money is not available even v based on the budget that was approved. She wanted to ensure it was clear for the community and w councilmembers if the council chooses to take action to night, it is a deviation from the council rules and 'R procedures, but that is due to the importance and time critical nature of the position. Next week is committee c meetings so delaying approval would postpone action a couple weeks. By taking action on this first touch, n the council is expressing its belief in the importance of the role and services offered and is a vote of a confidence and appreciation for the work that the social worker, who is currently out of work until the City w reemploys her through this wonderful opportunity. She thanked the Edmonds Police Department for pursuing the grant, a great opportunity for the City. _ COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO _5 APPROVE THE JOB DESCRIPTION FOR THE COMMUNITY SOCIAL WORKER IN THE c PACKET. V Council President Olson explained the job description is for a short term social worker, not a part-time position. It is a full-time hourly position with Edmonds to do social worker funded via the grant. There will be a future budget amendment. This buys time to figure out a longer term solution for the City's social worker needs. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO ACCEPT THE GRANT AS PRESENTED FROM AWC Councilmember Paine commented this is important work for the City; the position supports law enforcement and the community. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Draft Minutes June 11, 2024 Page 15 Packet Pg. 186 7.3.a 4. ORDINANCE AMENDING AUTHORIZED EMPLOYEE POSITIONS Administrative Services Deputy Director Kim Dunscombe explained earlier this year the council adopted Ordinance 4344 that specified the number of FTEs approved in the 2024 budget. Given the council's approval in the previous agenda item, this is a request to amend the ordinance to reflect council's action. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE CITY'S AUTHORIZED EMPLOYEE POSITIONS AND PAY RANGES AND REPEALING ORDINANCE 4344 Councilmember Paine commented this is a very helpful way to track FTEs. Ms. Dunscombe agreed it may seem tedious, but it is an important process. MOTION CARRIED UNANIMOUSLY. 5. TEAMSTERS LOCAL 763 COMMANDERS 2023-2025 1 COLLECTIVE BARGAINING AGREEMENT (Previously Consent Agenda Item 7.5) Senior HR Analyst Emily Wagener was present to answer questions. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO REMOVE ATTACHMENT D AND APPROVE THE REMAINDER. Council President Olson explained the title is regarding the collective bargaining for the Teamsters and wages for the assistant chiefs and chief and the policy in effect. It seems cleaner to have these be separate agenda items. Her motion was to approve the agenda item as submitted with the removal of Attachment D. Ms. Wagener explained the intent was efficiency, but she understood the desire to separate commanders a from the assistant chief and chief. Staff is prepared to bring the assistant chief and chief wage schedule a back with additional clarification. w a� Councilmember Paine asked if this meant the pay raises for the people affected by Attachment D, the =_ assistant chiefs and the chief, would be delayed. Ms. Wagener answered no, their pay raises took effect on April 1, 2024. The separation of the wage scale did not result in any additional pay, it was simply to separate the commanders who are now in a bargaining unit, from the assistant chiefs and chief who are non- 0 represented. U MOTION CARRIED UNANIMOUSLY. 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" (Previously Consent Agenda Item 7.6) Council President Olson said she was unable to support the amendment with the setbacks approved by council last week, and wanted a roll call vote so she could vote against it unless a councilmember wanted to change the setbacks. COUNCIL PRESIDENT COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE DADU ORDINANCE IN THE PACKET. Edmonds City Council Draft Minutes June 11, 2024 Page 16 Packet Pg. 187 Councilmember Dotsch asked where Exhibit A that restricts ADUs in CARAs was in packet. Planner Rose Haas advised it was Section I6.20.050.A, page 23 of Exhibit A. City Attorney Jeff Taraday advised it was on packet page 128. UPON ROLL CALL, MOTION CARRIED (4-2), COUNCILMEMBERS ECK, PAINE, CHEN AND TIBBOTT VOTING YES; COUNCIL PRESIDENT OLSON AND COUNCILMEMBER DOTSCH VOTING NO. 9. COUNCIL COMMENTS Councilmember Paine thanked the administration for the Juneteenth proclamation, an important day of N service and reflection. She relayed hearing from the community over the past few weeks several examples CD of racism happening in stores, in public meetings and interpersonally targeting people of color which she found very worrisome. She acknowledged the reporting portal was problematic, but there is no way to track these instances to help understand how to reach out to the community to support businesses owned by people of color and ensuring people of color are not targeted at public gatherings. This is an important topic, everyone needs to be supported and come together as a unified Edmonds and strive to do better. Councilmember Dotsch thanked the community for their feedback and varying opinions regarding the RFA a process which helped the council take a deeper dive. It is good to have this conversation early in the process, a big part of that is fiscal responsibility, something she looked forward to in providing the big picture. She 40i appreciated everyone for taking the time to research and do their due diligence. c Council President Olson gave a shout out to Lift Every Voice Legacy; Donnie Griffin and his legion of n 0 volunteers WHO have done a great job with the event every year. This year's event will be during the day, v 11 am to 2 pm on June 19' at the Edmond Waterfront Center and she hoped everyone attended to help c celebrate freedom for the Black community and all Americans. She also gave a shout out to the Edmonds > Arts Festival and the Edmonds Arts Festival Foundation. The Arts Festival begins Wednesday night with a n huge launch party. Over 500 ticket have been presold and the weather will be great. Tickets are also a available at the door. A lot is included in the launch party including a preview of all the art. a� Councilmember Tibbott commented with the Arts Festival, summer has begun. He relayed his plants to attend the Association of Washington Cities' (AWC) annual meeting next week in Vancouver, Washington. He was selected to be on their Education and Training Committee and will provide information based on work the council has done over the past couple years. The AWC annual meeting includes a FEMA workshop to orient city leaders on the role of FEMA and how cities can participate in the emergency v services they offer. He looked forward to educating himself and bringing back good resources for the City. r He gave a shout out to Donnie Griffin and his inspirational message, and for LEVL and the great partnership they have with the Edmonds Waterfront Center. v N O Councilmember Chen echoed what other councilmembers have said; celebrating freedom not only for the Black community, but all Americans. That freedom has been earned and it needs to be safeguarded. He thanked the community, councilmembers and staff for their hard work that helped the council reach this t point in the RFA decision. It has bas been a difficult and carefully vetted decision. Now that the council has reached the conclusion to seek annexation to the RFA, there are a lot of details and negotiations that a will happen in partnership with SCF. The council welcomes the community's input, knowledge and experience. Councilmember Eck relayed she had the pleasure of attending the Pride flag raising at the county building where Edmonds got a shout out when the City's representative read the long list of Pride events in Edmonds. Compared to other cities that highlighted their events, Edmonds had triple the number of events. She was grateful for the City's proclamations for Pride Month and for Juneteenth and how diversity in Edmonds has Edmonds City Council Draft Minutes June 11, 2024 Page 17 Packet Pg. 188 7.3.a grown. When she hears about isolated instances of hate speech, racism, and bigotry such as Councilmember Paine mentioned, she was certain 99% of community members were also concerned. She urged the community to stand together with the council and say that is not acceptable. A light needs to be shown on those instances and ensure they are taken seriously while also embracing and feeling glad about diversity in culture, religion, language, background, and who people choose to love. 10. MAYOR'S COMMENTS Mayor Rosen announced this Saturday an Edmonds resident, Wayne, will be celebrating his 100t1i birthday. Two days later, he and his wife, Barbara, will celebrate their 75t1i anniversary and two days later, Barbara will celebrate her 97t' birthday. He congratulated Wayne and Barbara. ADJOURNMENT With no further business, the council meeting was adjourned at 8:58 pm. s, Edmonds City Council Draft Minutes June 11, 2024 Page 18 Packet Pg. 189 7.4 City Council Agenda Item Meeting Date: 06/25/2024 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 #262873 dated June 5, 2024 for $5,000, checks #262874 through #262985 dated June 6, 2024 for $1,388,101.09, check #262986 dated June 12, 2024 for $164,871.23, checks #262987 through #263096 dated June 13, 2024 for $628,626.25 (re -issued checks #263005 $155.00 & #263027 $130.00) and wire payments of $4,000.00, $19,138.13 & $850.88. 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. Packet Pg. 190 7.5 City Council Agenda Item Meeting Date: 06/25/2024 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 #66046 for $1,805.44 and direct deposit for $48,898.82 dated June 21, 2024 for the EPOA Kelly Days buy back, check #66038 dated June 20, 2024 for $1,340.60, direct deposit for $889,033.55, benefit checks #66039 through #66045 and wire payments for $880,345.11 for the pay period of June 1, 2024 through June 15, 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: 06-21-2024 Police Kelly Day Buy Back 06-01-2024 to 06-15-2024 payroll earnings summary 06-01-2024 to 06-15-2024 payroll benefit checks Packet Pg. 191 Hour Type Hour Class 149 KELLY DAY Payroll Earnings Summary Report City of Edmonds Pay Period: 1,221 (06/18/2024 to 06/18/2024) Description KELLY DAYS BUY BACK Hours Amount 1,032.00 66,399.94 1,032.00 $66,399.94 Total Net Pay: $50,674.26 7.5.a 06/18/2024 Packet Pg. 192 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,150 (06/01/2024 to 06/15/2024) , Hour Type Hour Class Description Hours Amount 118 ABSENT UNPAID L & 1 80.00 0.00 120 SICK SICK LEAVE - L & 1 97.00 4,656.40 121 SICK SICK LEAVE 571.00 34,389.34 122 VACATION VACATION 999.75 61,234.70 123 HOLIDAY HOLIDAY HOURS 75.00 5,096.55 124 HOLIDAY FLOATER HOLIDAY 21.00 1,005.55 125 COMP HOURS COMPENSATORY TIME 140.75 7,875.94 129 SICK Police Sick Leave L & 1 1.00 61.64 131 MILITARY MILITARY LEAVE 36.00 1,719.06 132 JURY DUTY JURY DUTY 72.00 3,499.54 141 BEREAVEMENT BEREAVEMENT 8.00 510.15 150 REGULAR HOURS Kelly Day Used 134.75 8,384.70 155 COMP HOURS COMPTIME AUTO PAY 98.27 6,206.31 157 SICK SICK LEAVE PAYOFF 311.93 10,215.62 158 VACATION VACATION PAYOFF 71.39 2,002.32 160 VACATION MANAGEMENT LEAVE 56.00 4,977.09 190 REGULAR HOURS REGULAR HOURS 18,119.70 1,036,698.01 194 SICK Emergency Sick Leave 36.00 1,539.67 196 REGULAR HOURS LIGHT DUTY 324.50 21,001.23 210 OVERTIME HOURS OVERTIME -STRAIGHT 27.25 1,334.22 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 3,590.40 216 MISCELLANEOUS STANDBY TREATMENT PLANT 5.00 647.85 220 OVERTIME HOURS OVERTIME 1.5 518.00 49,185.31 225 OVERTIME HOURS OVERTIME -DOUBLE 29.50 3,095.04 400 MISCELLANEOUS MISC PAY 0.00 1,700.00 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 1,009.11 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 2,895.26 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 -372.82 602 COMP HOURS ACCRUED COMP 1.0 95.00 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 100.25 0.00 606 COMP HOURS ACCRUED COMP 2.0 3.00 0.00 900 VACATION ACCRUED VACATION 9.01 0.00 901 SICK ACCRUED SICK LEAVE 13.66 0.00 902 MISCELLANEOUS BOOT ALLOWANCE 0.00 166.64 06/17/2024 Packet Pg. 193 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,150 (06101/2024 to 06/15/2024) Hour Type Hour Class Description Hours Amount 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 fmla ABSENT FAMILY MEDICAL/NON PAID 40.00 0.00 hol HOLIDAY HOLIDAY 0.00 -209.66 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 1,104.85 Ig12 LONGEVITY Longevity 9% 0.00 1,619.24 Ig13 LONGEVITY Longevity 7% 0.00 1,518.56 Ig14 LONGEVITY Longevity 5% 0.00 1,158.46 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 166.92 Iq3 LONGEVITY PAY LONGEVITY 6% 0.00 289.83 Iq4 LONGEVITY Longevity 1% 0.00 1,195.60 Iq5 LONGEVITY Longevity 3% 0.00 3,393.90 Iq7 LONGEVITY Longevity 1.5% 0.00 645.80 pfmh HOLIDAY Paid Family Medical Holiday 36.00 2,126.06 pfmp ABSENT Paid Family Medical Unpaid/Sup 217.50 0.00 pfms SICK Paid FAMILY MEDICAL/SICK 26.16 1,552.60 pfmv VACATION Paid Family Medical Vacation 16.34 992.44 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 06/17/2024 Packet Pg. 194 Hour Type Hour Class Payroll Earnings Summary Report City of Edmonds Pay Period: 1,150 (06/01/2024 to 06/15/2024) Description Hours Amount 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 8.00 485.90 22,446.71 $1,317,049.99 Total Net Pay: $890,374.15 7.5.b rr m d c 0 L CU a 4- 0 06/17/2024 Packet Pg. 195 7.5.c Benefit Checks Summary Report City of Edmonds Pay Period: 1,150 - 06/01/2024 to 06/15/2024 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 66039 06/20/2024 bpas BPAS 7,848.65 0.00 66040 06/20/2024 chap1 CHAPTER 13 TRUSTEE 175.00 0.00 66041 06/20/2024 epoa2 EPOA-POLICE 9,180.00 0.00 66042 06/20/2024 epoa3 EPOA-POLICE SUPPORT 2,400.00 0.00 66043 06/20/2024 icma MISSIONSQUARE PLAN SERVICES 6,315.51 0.00 66044 06/20/2024 flex NAVIA BENEFIT SOLUTIONS 5,091.35 0.00 66045 06/20/2024 teams TEAMSTERS LOCAL 763 6,898.00 0.00 37,908.51 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3692 06/20/2024 awc AWC 456,195.00 0.00 3695 06/20/2024 us US BANK 175,971.29 0.00 3696 06/20/2024 mebt WTRISC FBO #N3177B1 158,972.35 0.00 3697 06/20/2024 pb NATIONWIDE RETIREMENT SOLUTION 6,836.07 0.00 3699 06/20/2024 wadc WASHINGTON STATE TREASURER 44,157.39 0.00 3701 06/20/2024 oe OFFICE OF SUPPORT ENFORCEMENT 304.50 0.00 842,436.60 0.00 Grand Totals: 880,345.11 0.00 6/17/2024 Packet Pg. 196 7.6 City Council Agenda Item Meeting Date: 06/25/2024 Reappoint David Brewster for Position #3 to the Edmonds Public Facilities District Board EPFD Staff Lead: N/A Department: City Council Preparer: Beckie Peterson Background/History David Brewster was appointed to Position #3 on the Edmonds Public Facilities District Board EPFD in May, 2018. Staff Recommendation Confirm the reappointment of David Brewster to the Edmonds Public Facilities District Board EPFD. Narrative Per the Interlocal Agreement between Edmonds Public Facilities District and the City of Edmonds, approval of Edmonds City Council is required for appointment to the Edmonds PFD Board, and/or renewal of Board terms. On Thursday, May 23, 2024, the Board of Directors of Edmonds Public Facilities District (EPFD) voted unanimously to recommend David Brewster for re -appointment to the EPFD Board for a standard four- yearterm. Attachments: David Brewster - Re -Appointment to EPFD - June 2024 (002) Packet Pg. 197 7.6.a E�m_o ds Public Facilities District Memorandum To: Edmonds City Council From: Edmonds Public Facilities District Date: June 3, 2024 Re: Recommending David Brewster for Re -Appointment to the Edmonds Public Facilities District Board of Directors Per the Interlocal Agreement between Edmonds Public Facilities District and the City of Edmonds, approval of Edmonds City Council is required for appointment to the Edmonds PFD Board, and/or renewal of Board terms. On Thursday, May 23, 2024, the Board of Directors of Edmonds Public Facilities District (EPFD) voted unanimously to recommend David Brewster for re -appointment to the EPFD Board for a standard four-year term. The Members of the Edmonds Public Facilities District Board of Directors respectfully request that the Edmonds City Council re -appoint David Brewster to the EPFD Board, Position #3, and that the appointment be effective July 1, 2024. The current term for Position #3 is scheduled to expire June 30, 2024. The additional members of the Edmonds PFD Board currently include: Ray Liaw - President Bill Willcock - Vice President Suzy Maloney Wayne Grotheer Kim Dunscombe, Deputy Administrative Services Director, City of Edmonds — Ex Officio — Treasurer* We wish to thank the Edmonds City Council for your continued support of Edmonds Public Facilities District and Edmonds Center for the Arts. *Per the Interlocal Agreement between Edmonds Public Facilities District and the City of Edmonds, the City s Administrative Services Director, by virtue of their position, serves as an Ex-Officio Member and Treasurer of the EPFD Board. Packet Pg. 198 7.7 City Council Agenda Item Meeting Date: 06/25/2024 Arlington Airport Use Agreement Staff Lead: Michelle Bennett Department: Police Services Preparer: Alexandra Ehlert Background/History The contract was approved by council in May 2024, during the approval process the price increased $34.00. The new contract is attached, the price change is the only thing that changed. We just need authorization for the Mayor to sign the contract with the price change. The Edmonds Police Department is legislatively required to conduct EVOC and pursuit intervention training (EVOC - yearly, Pursuit - every other year). Arlington Airport has been used for this for the past 21 years. While other locations have been reviewed, none have provided the protected access and environmental flexibility required for this training like Arlington Airport does. Not only is the police department required to comply with the RCW but one of the accreditation standards (WASPC 15.4) requires compliance with the training portion of associated WA laws. The attached contract will continue to allow us access to the Arlington Airport for required driving training. The contract was approved to form on 2/27/24. Sharon Cates noted that this should be considered a real estate lease/rental agreement. Staff Recommendation Committee approved for consent agenda on 6/18. We are asking Council to approve this for signature on the consent agenda. Narrative <Type or insert text here> Attachments: Arlington Airport Contract - Price Update Packet Pg. 199 7.7.a ARLINGTON MUNICIPAL AIRPORT USE AGREEMENT 1%WMA MItowelal rPnPral The City of Arlington/Arlington Municipal Airport and the City of Edmonds ("permittee") agree that the permittee, may use and occupy the following prescribed real property: that part of the land within the boundary of the Arlington Municipal Airport that is shown on the attached Exhibit A. Such use is for the purpose of conducting driver training for the Edmonds Police Department for the 2024 Calendar Year 1. Fees — This land use permit is issued for the periods listed above and may be reviewed by the Arlington City Council and Airport Commission on a yearly basis. This entire agreement is open to review and possible approval/disapproval on an annual basis by the City of Arlington/Arlington Municipal Airport. It is revocable for any breach of the conditions noted herein. An administrative fee of $100 plus sales tax is required each year this agreement is renewed. Permittee is responsible for all damages. The property being utilized shall be considered rented for any day in which the permittee conducts the event. This shall include the set-up and teardown of the event. The payment for this use fee shall be mailed or hand delivered to the City of Arlington or the Arlington Municipal Airport Office. Acreage required for this usage totals 2 acres, which equals $178.14 per day plus sales tax. The land use fee shall be paid quarterly. The permittee shall have the right of first refusal regarding use of the event site if another user approaches the airport for the use of the entire event site. [remainder of this page blank] Packet Pg. 200 7.7.a MASTER SECTION: 1. Late Charges - There shall be assessed and the permittee shall pay upon any installment of the use fee or portion thereof not paid within twenty (20) days after such fee installment is due and payable, a late charge penalty for each week or fraction thereof the use fee or portion thereof is not paid equal to five percent (5%) of the amount for such use fee or portion thereof (plus accrued late charge penalties, if any) due and payable. The amount of such late charge penalty shall be added to the amount due each month, and the total thereof shall be subject to a late charge for each succeeding month of fraction thereof in the amount of five percent (5%) of the total. 2.Insurance A. Insurance Term The permittee shall procure and maintain for the duration of the use or rental period insurance against claims for injuries to persons or damage to property which may arise from or in connection with the use of the facilities and the activities of the permittee and his or her guests, representatives, volunteers and employees. 1:�►reiRri m..TMe , Permittee's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the permittee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. C. Required Insurance Permittee's required insurance shall be as follows: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City shall be named as an additional insured on permittee's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain that the permittee's insurance coverage shall be primary insurance as respect the City. Any insurance, self- 2 Packet Pg. 201 7.7.a insurance, or self -insured pool coverage maintained by the City shall be excess of the permittee's insurance and shall not contribute with it. D. City Full Availability of Permittee Limits If the permittee maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the permittee, irrespective of whether such limits maintained by the permittee are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the permittee. Certificate of Insurance and Acceptability of Insurers The permittee shall provide a certificate of insurance evidencing the required insurance before using the Premises. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. Participation in a City risk pool with equivalent coverage shall be considered compliant with this section. 3. Event Equipment - The permittee will supply at its expense all equipment to conduct the event including portable toilets, tents, portable operations buildings, food vending operations, fencing, and other miscellaneous equipment, such as aviation band radios, cell phones, etc. It is agreed that: (A) The permittee will provide their own security service and also adequate fire extinguishers and signage to comply with requirement imposed by the Arlington Fire Department. (B) The permittee will provide adequate signage and guidance on roads and streets surrounding the airport to citizens attending the event. (c) The permittee shall observe all federal, state and local laws, orders or regulations applicable to the premises including the erection of antennas, signs, displays, and shall keep the premises in a neat, orderly, safe and sanitary condition. (D) The permittee shall not close any roadway normally in public use without proper approval. 4. Set-Up/Teardown - (A) The permittee shall coordinate the setup, erection, cordoning, blocking, rerouting, teardown, fencing, or other activities to prepare the premises for the event, all of which may have the potential for disrupting normal airport operations, with the Airport Manager prior to commencement of the same. A detailed plan may be required by the Airport Manager prior to approving the same. Permittee acknowledges that plans for activities which may interfere with the operational surfaces of the airport, including all runways, taxiways, landing areas, and surface roads, must be provided to the Airport Manager during regular business hours and in sufficient time for the Airport Manager to review and approve the same, and to give prior notice to the Federal Aviation Administration and the local users of the operational surfaces. (B) All labor required for the setup, erection, cordoning, blocking, rerouting, teardown, fencing, or other activities to prepare the premises for the event shall be provided by permittee and at permittee's expense. In the event permittee wishes to contract with the airport for any of these Packet Pg. 202 7.7.a services, the same shall be done by separate written agreement following the provision of an estimate for the same. Any charges resulting from said written agreement will provide for the reimbursement to the airport of its actual costs to provide the services. Provision of these services by the airport is discretionary, and is subject to the permittee providing the airport with sufficient advance notice so as to allow for planning to avoid undue hardship or excessive overtime costs. (c) The permittee shall not cut any trees on the property without the prior approval of the Airport Manager, and shall take all reasonable precautions to prevent and suppress forest, brush and grass fire; to prevent the pollution of any water on or in the vicinity of the land; and to provide for the protection of game birds or animals and or domesticated animals known to frequent the areas of occupation. In addition, the permittee shall return the used site to the condition of that area prior to the event. This will include collection and removal of all litter, dismantling of all use structures, fences, portable toilets and other items connected with the event. Any vegetation disturbed during the use (i.e. turf) shall be returned to original condition. This will include seeding, fertilizing, watering, grooming and any other means necessary to return the vegetation to a condition that equals or betters its pre -event state. Also any pavement breakdown due to this use will be brought back to pre -use standard. (D) Any and all airport surfaces used by the permittee shall be returned to the airport in a condition at least as good as before the event. Where any vegetation has been disturbed, permittee shall restore the same using appropriate landscaping practices, including the application of topsoil, fertilizer, seeding and watering, to ensure proper repair or restoration. The airport shall remain responsible for maintaining in the operational surfaces of the airport during the term of the use agreement; the responsibility for checking and grooming all non -operational surfaces shall be permittees. (E) Permittee shall not alter any airport surface or facility without the prior written approval of the Airport Manager. Airport may, in airport's discretion, agree to share in the costs of any such improvements deemed by airport to be appropriate and of general benefit to the airport or its users. S. Safety - The permittee will take all reasonable steps to ensure and support safe flying conditions in and around the airfield. This will include, but not be limited to, briefing all participants on observing safe practices around the airfield, staying away from the active runway, taxiways and aircraft parking areas and respecting an aircraft's right-of-way at all times. The permittee's representative shall meet with the Airport Manager as necessary for safety briefings on the airfield situation. Additionally, to facilitate the above items, an airport site visit or orientation tour is highly recommended. 6. Area of Usage - As discussed and agreed upon the permittee's event shall only utilize the area as depicted on the attached site map. 7. Accidents/Indemnity - The Permittee has personally inspected the premises and is informed as to all risks which may be associated with the planned activities on the premises above described. Being fully informed as to the risks and in consideration of being given the privilege to utilize the property, Permittee, on behalf of itself and its elected and appointed officials, employees and agents, agree to assume all risks in connection with Permittee's use of the 4 Packet Pg. 203 7.7.a property and further agrees to hold harmless and defend the City of Arlington, its elected and appointed officials, employees and volunteers, for any injury or damages which may occur to Permittee, its elected and appointed officials, employees, volunteers or invitees while on the property. Permittee further agrees to hold harmless, defend and indemnify the City of Arlington, its elected and appointed officials, employees and volunteers from and against any and all claims, suits, actions or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of Premises or from any activity, work or thing done, permitted, or suffered by Permittee in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City. 8. Utilities - The permittee hereby covenants and agrees to pay all charges for heat, light, water and sewer, and for all other public utilities which shall be used in or charged against the event during the full term of this use agreement. Permittee shall at its cost construct and keep in repair a suitable septic tank or other lawful sewage system, in accordance with Snohomish County Health and Sanitary Regulations. Any permits therefor which may be required shall be secured by permittee at permittee's expense prior to installation. 9. Munitions - The permittee understands that permission to use the airport land does not grant permission to use any type of munitions, smoke, pyrotechnics, chemical training agent, gas, or explosive training devices to include blank rifle ammunition. Permission to use such devices will be given separately and is always subject to immediate verbal revocation by the Airport Manager or his representatives. If the permittee desire to use such devices, he must specify in writing at least six months in advance to the Airport Manager or his representative the following: type, smoke and noise producing effects, persistency of smoke, pyrotechnics the intended use site and the time of use. Further, permittee shall obtain approval from the Puget Sound Air Pollution Control agency at least one month prior to use. A copy of said approval shall be given to the Airport Manager. Further, permittee must guarantee that all such devices or their residue will be removed from the airfield and safely disposed of prior to his departure. The Airport Manager reserves the right to approve in part or in entirety or deny completely the use of such devices. Additionally, the presence of weapons, whether real or fake, requires the written permission of the Airport Manager. In such case the only weapons loaded with live ammunition will be those used by the Arlington Police Department. The permittee shall inform the local law enforcement officers to include the Arlington City Police Chief, Snohomish County Sheriff and the local Washington State Patrol office of the number and type of weapons to be used at least four weeks in advance. 10. Usage - The permittee shall conduct and carry on in said premises only the business usage for which said premises are to be used, and shall not use the premises for illegal purposes. The permittee will cooperate with and notify the responsible enforcement agency of any illegal or unlawful activity which becomes known during the period of occupancy. 11. Access - The permittee will allow the Airport Manager or his/her representative free access at all times to said premises for the purpose of inspection. Nothing herein shall be constructed as in anyway limiting the authority of the airport/city building official under existing law. 5 Packet Pg. 204 7.7.a 12. Notice - All notices and consents hereunder shall be given in writing, delivered in person or mailed by certified mail, postage pre -paid, to the receiving party at its address, or to such other address as the receiving party may notify the sender beforehand referring to its use agreement. 13. Governmental Fees - All fees due under applicable law to the city, county or state on account of any legal inspection made on premises by any officer thereof, shall be paid by permittee. 14. Liens and Insolvency - Permittee shall keep the property in which the use agreement is exercised free from any liens arising out of any work performed, materials furnished or obligations incurred by permittee. If the permittee becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of the permittee the airport may cancel this use agreement at airport's option. 15. Default and Re-entry - If any fees above reserved, or any part thereof, shall be and remain unpaid when the same shall become due, or if the permittee shall violate or default in any of the covenants and agreements therein contained, then the airport may cancel this use agreement and re-enter said premises. 16. Cost and Attorney's Fees - If by reason of any default on the part of either party, litigation is commenced to enforce any provision of this use agreement or to recover for breach of any provision of this use agreement the prevailing party shall be entitled to recover from the other party reasonable attorney's fees in such amount as is fixed by the court, and all costs and expenses incurred by reason of the breach or default by the other under this use agreement. 17. Non Waiver of Breach - The failure of either party to insist upon strict performance of any of the covenants and agreements of this use agreement or to exercise any option herein conferred in anyone or more instance, shall not be construed to be a waiver or relinquishment of any such strict performance or of the exercise of such option, or any other covenants or agreements but the same shall be and remain in full force and effect. 18. Restrictions and Consents - This use agreement shall be and is subject to all the terms, covenants, restrictions, reservations and agreements contained in that certain Quit Claim Deed dated February 25, 1959, by the United States of America to Town of Arlington, recorded in Snohomish County, Washington, on August 20, 1959, in Volume 690 of Deeds, pages 38 through 46, under Auditor's File No. 1356180, records of said county, including the written consent of the Federal Aviation Agency if the leased premises are to be used for other than airport purposes. Under the requirements imposed upon airport as recipient of Federal Aid Airport Program Grant Funds, the parties agree as follows: (A) Permittee covenants that it will not, in its operation at the Arlington Airport, on the basis of race, color, creed, or national origin, discriminate or permit discrimination against any person or group of persons in any manner prohibited by parts 15 and 21 of the Federal Aviation Regulations (49 CFR), and in that the airport has the right to take such action as the United States government may direct to enforce this covenant. (B) With respect to any aeronautical services, permittee agrees: 1) to furnish said aeronautical service on a fair, equal, and not unjustly discriminatory basis to all users thereof, and 2) to charge fair, reasonable and not unjustly discriminatory prices for each unit of service, provided, that the permittee may be 6 Packet Pg. 205 7.7.a allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers. 19. Nondiscrimination - The permittee on behalf of itself and its elected and appointed officials, employees and agents, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained or otherwise operated on the said property described in this use agreement for a purpose for which a Department of Transportation or activity is extended or for another purpose involving the provision of similar services or benefits, the permittee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. The permittee, for itself and its elected and appointed officials, employees and agents, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (A) no person on the grounds of race, color or national origin shall be excluded from the participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, or (B) that in the construction of any improvements in, over or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (c) that the permittee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended; and (D) that in the event of breach of any of the above nondiscrimination covenants, the City of Arlington shall have the right to terminate this use agreement and to re-enter and repossess said land and facilities thereon, and hold the same as if said use agreement had never been made or issued. 20. Hazardous Wastes - The permittee shall not permit dangerous wastes, hazardous wastes, or extremely hazardous wastes as defined by RCW 70.105.010 et seg. to exist on the premises and shall, at permittee's sole expense, undertake to comply with all rules, regulations, and policies of the Washington State Department of Ecology and the United States Environmental Protection Agency. Permittee shall promptly notify the City Fire Department of the existence of dangerous wastes, hazardous wastes, or extremely hazardous wastes as required by state and federal regulations. Permittee shall comply with any provisions of the local hazardous waste plan as now in existence or hereinafter enacted. Permittee shall comply with any requirements for hazardous waste disposal as may be imposed by RCW 70.105B. 030 and the State Department of Ecology. 21. Venue - The venue of any suit which may be brought by either party under the terms of this use agreement or growing out of the tenancy under this use agreement shall at the option of the airport be in court or courts in Snohomish County, Washington. 7 Packet Pg. 206 7.7.a 22. Public Policy - The City of Arlington reserves the right to suspend this land use agreement at any time for legitimate public safety. 23. Obligations - The airport shall notify the permittee of any security, maintenance or other requirements necessary to the safe and orderly conduct of the event prior to the event. The permittee shall apply security, maintenance or other requirements during the event. Regarding requests for airport service(s) only a principle officer of the permittee can request service(s) from the city/airport. Once service(s) have been requested by the permittee from the city/airport the permittee is required to pay for service(s). The airport shall provide a cost estimate and timeline to complete the service(s). This estimate shall also include whether the city/airport can complete the service(s) within the outlined time frame. In the event of only partial clean-up, teardown, site restoration or application of agreed to services by the permittee, the city/airport shall apply the current billing rate for city/airport services to remedy any of the above and bring the site back to pre -event status. No intoxicating venues, beverages or drug usage shall be allowed on the permittee event site. Signature of Permittee's Authorized Representative Marty Wray, Airport Director Arlington Municipal Airport 8 Packet Pg. 207 7.7.a L�Tfolet Oki 1,11L[c I I Packet Pg. 208 7.8 City Council Agenda Item Meeting Date: 06/25/2024 Council Rules of Procedure Section 1 & 2 Authority and Council Organization Staff Lead: Council President Olson Department: City Council Preparer: Beckie Peterson Background/History In 2013, the City Council passed Resolution No. 1295, which adopted Robert's Rules of Order as its parliamentary authority for the conduct of City Council meetings. In December 2013, the Council passed Resolution No. 1306 adopting a Code of Conduct and in June 2015, the Council approved a Code of Ethics by motion. On January 25, 2021, the Council adopted a new Code of Conduct by motion. Because Resolution No. 1295 is limited to parliamentary procedure in the context of Council meetings, such rules do not address many other processes and procedures in the conduct of City business. It is thought that a more comprehensive set of rules would provide greater understanding and transparency about the roles, rights, and responsibilities of councilmembers and facilitate the orderly conduct of business within the context of council meetings. The draft rules of procedure address Council organization, duties of officers, agenda preparation, meeting management, consent agenda, public testimony, decorum, motions, and other important areas. The draft also includes Council's recent adoption of a Code of Conduct as Section 6; this was done to consolidate all applicable rules into one document. It is important to note that many provisions of these rules of procedure are already governed by other codes, statutes, and rulings. Any provision that is footnoted with a citation to the Revised Code of Washington (RCW), the Edmonds City Code (ECC), or other statute or ruling is included for ease of reference only and is not intended to be adopted as a rule because it already constitutes governing law. Provisions that are not footnoted with a citation to the RCW or ECC are adopted by City Council resolution as the Council's procedural rules and may be amended at any time by subsequent resolution. On April 6, 2021, the Council passed Resolution 1470, which established that the Council adopted its own Code of Conduct separate from that which applies to the Mayor and members of City boards, commissions, committees, and work groups. The proposed Rules of Procedure and the Code of Conduct were presented and discussed on February 4, 2020, January 26, 2021, and April 6, 2021. For comparison purposes, prior drafts of the rules of procedure are included in the online Council meeting packets of February 4, 2020 and March 3, 2020. On April 6, 2021, a motion was passed to table consideration of the draft Rules of Procedure for a period of three weeks. The draft rules were scheduled on the June 1, 2021 council agenda, but consideration was postponed due to lack of time. Packet Pg. 209 7.8 On August 3, 2021, the Council considered the draft rules, made amendments, and instructed the city attorney to bring back additional language for potential amendments to various sections of the rules. A new Section 7 entitled "Code of Ethics" has been added to incorporate the Code of Ethics adopted by the City Council on June 2, 2015. The Parks and Public Works Committee reviewed Section 1&2 during the June 18, 2024 committee meeting, and forwarded this item to a future consent agenda for full council approval. The minutes to this committee meeting are pending; the video is available on the city website. Recommendation Approve of Council Rules of Procedure Section 1 - Authority and Section 2 - Council Organization. Narrative It is thought that approving the draft Rules of Procedure by Section, or in segments, would be the most practical approach to accomplishing this 2024 goal. The draft includes 14 sections, as follows: SECTION 1. AUTHORITY - on PPW committee agenda 6/18/2024 - forwarded to consent SECTION 2. COUNCIL ORGANIZATION - on PPW committee agenda 6/18/2024 - forwarded to consent SECTION 3. AGENDA PREPARATION - amended and approved 3/26/2024 SECTION 4. CONSENT AGENDA SECTION 5. COUNCIL MEETINGS SECTION 6. COUNCIL CONDUCT SECTION 7. CODE OF ETHICS SECTION 8. PUBLIC TESTIMONY - amended and approved 4/16/2024 SECTION 9. MOTIONS SECTION 10. ITEMS REQUIRING FOUR VOTES SECTION 11. ITEMS REQUIRING A UNANIMOUS VOTE SECTION 12. COUNCIL REPRESENTATION SECTION 13. REIMBURSEMENT OF EXPENSES - approved 4/16/2024 SECTION 14. SUSPENSION AND AMENDMENT OF RULES Proposed Workplan for Adopting Council Rules of Procedure Address the draft rules of procedure by section or segments, starting with the most timely/highest priority section(s). Focus on one segment each month: a. City Clerk and Council staff review and indicate any recommended revisions. b. Council President review. C. Place on agenda for review of Council Committee If committee recommends segment for council approval on consent - place on a future consent agenda for approval and implement that segment as adopted policy. If committee recommends revisions or full council discussion - add to future council business when agenda time allows. Once all segments are approved, adopt a resolution with the comprehensive set of rules of procedures Packet Pg. 210 7.8 as an attachment. SECTION 1; AUTHORITY SECTION 2; COUNCIL ORGANIZATION Attachments: ROP Section 1 & 2 - redline Packet Pg. 211 7.8.a Section 1. Authori 1.1 These rules constitute the official rules of procedure for the Edmonds City Council. In all decisions arising from points of order, the Council shall be governed by the current edition of Robert's Rules of Order," a copy of which is maintained in the City Council Office. 1.2 These rules of procedure are adopted for the sole benefit of the members of the City Council to assist in the orderly conduct of Council business. These rules of procedure do not grant rights or privileges to members of the public or third N parties. Failure of the City Council to adhere to these rules shall not result in any 06 liability to the City, its officers, agents, and employees, nor shall failure to adhere C to these rules result in invalidation of any Council act. ° 11 1.3 Any provision of these rules of procedure that is footnoted with a citation to the Revised Code of Washington, the Edmonds City Code, or other statute or ruling is included here for ease of reference only and is not intended to be adopted as a rule herein because it already constitutes governing law. Likewise, any conflict between such a provision and the law cited in the footnote shall be resolved in favor of the law cited in the footnote. Provisions herein that are not footnoted with a citation to the Revised Code of Washington or the Edmonds City Code have been adopted by City Council resolution as the Council's procedural rules and may be amended at any time by subsequent resolution. Section 2. Council Oraanization. 2.1 New Councilmembers shall be sworn in by one of the following persons: court commissioner, judicial officer, judge, clerk of the court, county auditor or deputy auditor, county commissioner or county councilmember, mayor of a code city, a town, or a second-class city, mayor pro tem of a second-class city, clerk of a code city, town clerk or deputy clerk. 2.2. The Council shall elect a Council President and Council President Pro Tern for a one-year term. The election of the Council President shall be conducted by the City Clerk. No one Councilmember may nominate more than one person for a given office until every member wishing to nominate a candidate has an opportunity to do so. Nominations do not require a second. The Clerk will repeat each nomination until all nominations have been made. When it appears that no one else wishes to make any further nominations, the Clerk will ask again for further nominations and if there are none, the Clerk will declare the nominations closed. A motion to close the nominations is not necessary. After nominations have been closed, voting for Council President takes place in the order nominations were made. Councilmembers will be asked to vote by a raise of hands. As soon as a nominee receives a majority vote (four votes), the Clerk will declare him/her elected. No votes will be taken on the remaining nominees. If Packet Pg. 212 7.8.a none of the nominees receives a majority vote, the Clerk will call for nominations again and repeat the process until a single candidate receives a majority vote. The same process is conducted for the election of the Council President Pro Tem. 2.3 Duties of Officers A. The Mayor shall be the Presiding Officer at all Council Meetings except Council Committee Meetings. In the absence of the Mayor, the Council N President shall become Mayor Pro Tem and act as the Presiding Officer, 06 performing the duties and responsibilities regarding conduct of meetings C and emergency business. In the absence of both the Mayor and the Council President, the Council President Pro Tem shall act as a temporary in Presiding Officer. B. It shall be the duty of the Presiding Officer to: 1. Call the meeting to order. 2. Keep the meeting to its order of business. 3. Control discussion in an orderly manner. a. Give every Councilmember who wishes an opportunity to speak when recognized by the chair. b. Permit audience participation at the appropriate times. C. Require all speakers to speak to the question and to observe Robert's Rules of Order. 4. State each motion before it is discussed and before it is voted upon. 5. Put motions to a vote and announce the outcome. C. The Presiding Officer shall decide all questions of order, subject to the right of appeal to the Council by any member. 2.4 Appointments to Boards and Committees' The Council President shall appoint Councilmembers to Council committees and outside boards and committees that are not otherwise specified or governed by other rules. Prior to appointment, the Council President shall solicit interest from Councilmembers for their preferred appointments. The Council President shall then circulate the final appointment list to the Council at least seven (7) days prior to appointment. The Council President shall make his or her appointments as soon as practicable, following election of the Council President. 2.5 Filling a Council Vacancy i ECC 1.02.031(B) Packet Pg. 213 7.8.a A. If a vacancy occurs in the office of Councilmember, the Council will follow the procedures outlined in the Revised Code of Washington2. To fill the vacancy with the most qualified person available until an election is held, the Council will widely distribute and publish a notice of the vacancy at least two weeks in advance, the procedure by which the vacancy will be filled, and an application form. B. The Council will draw up and Council will approve an application form to aid the Council's selection of the new Councilmember. C. Those candidates selected by the Council will be interviewed by the N 06 Council during a regular or special Council meeting open to the public. C The order of the interviews will be determined by drawing the names 2 order to make inteNiews fair, annlinants will he asked o r d rn-r Cn ei its'de the Gei innil Chambers while ether applicants are being � L inter,. Applicants will be asked to answer questions posed by each Councilmember during the interview process. The interview process will o be designed to be fair and consistent. Since this is not a campaign, a comments about other applicants will not be allowed. o D. The Council may recess into executive session to discuss the qualifications of all candidates. Nominations, voting and appointment of a person to fill the vacancy will be conducted during an open public meeting E. The term of an appointed Council position expires upon certification of the next election. ' RCW 42.12.070 Packet Pg. 214 7.9 City Council Agenda Item Meeting Date: 06/25/2024 Approval of Supplemental Agreement with WSP for construction management services on the 76th Ave Overlay project. Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On August 23, 2022, City Council approved a Local Agency Consultant Agreement with WSP for construction management and inspection services on the 76th Ave Overlay project. On August 15, 2023, City Council approved a supplemental agreement with WSP. On October 17, 2023, City Council approved a supplemental agreement with WSP On June 18, 2024, this item was presented to the Parks and Public Works Committee and forwarded to the consent agenda for approval. Staff Recommendation Approve Supplemental Agreement. Narrative The City contracted with WSP in August 2022 to provide construction management and material services for the 76th Ave Overlay project. The construction work is complete and final close-out will continue in 2024. The term of the agreement is being extended thru June 2025 so WSP can assist with the close-out process and be available if WSDOT performs an audit on the federal documents and project billing. Local agencies must use WSDOT's Local Agency Consultant Agreement when there are federal or state transportation grant funds. The Agreement includes a completion date. The proposed Supplemental Agreement is only necessary to extend the contract time and it is a no cost adjustment. Attachments: Attachment 1 - Area Map Attachment 2 - Supplemental Agreement Packet Pg. 215 7.9.a 76TH AVE PAVE - AREA MAP 4r, llol n d� • f END PAVE T�� iC o� j yM .,. � I F= �^ - & � � � V EW DRY r r ` z , —k' PERRINVILLE 3- f rr �. e . R- u � t r�} t ! T 4 �_� •�T �' � � -Err i —J F �— , r �(t- I,q� �1� � �, ' � ✓ �- ..r. - ��j'*�+uw^ A � � � yr{ �p5 �;�. �` .1 r j rl G .-�...�.._ � i i:rz v �,,� ;fir x.�'✓ - ,r � �• 6 ' u cT7"t I r r - -ram _ �— v_:'A:. • ..-� r ^ Fry. F. ' 191 st St SW r r F v� 193rd PI SW_' BEGIN PAVE Q Packet Pg. 216 7.9.b Washington State Department of Transportation Supplemental Agreement Organization and Address Number 3 WSP USA Inc 1001 4th Ave, Ste 3100 Seattle, WA 98154 Original Agreement Number LA-10024 Phone: 206-431-2269 Project Number Execution Date Completion Date STPUL-2511(005) 08/24/2022 06/30/2025 Project Title New Maximum Amount Payable City of Edmonds 76th Avenue W Overlay Project $ 137,612 (unchanged) Description of Work Extending the contract date. (No cost change) The Local Agency of City of Edmonds desires to supplement the agreement entered in to with WSP USA Inc and executed on 8/24/2022 and identified as Agreement No. LA-10024 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: No change 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: "Completion Date" is extended without adding days to the scope of work III Section V, PAYMENT, shall be amended as follows: No change as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: By: Mike Rosen, Mayor Consultant Signature Approving Authority Signature DOT Form 140-063 Revised 09/2005 Packet Pg. 217 7.9.b Exhibit "A" Summary of Payments Basic Agreement Supplement #1 Total Direct Salary Cost Overhead (Including Payroll Additives) Direct Non -Salary Costs Fixed Fee Total $127,622 $9,990 $137,612 DOT Form 140-063 Revised 09/2005 Packet Pg. 218 7.10 City Council Agenda Item Meeting Date: 06/25/2024 Approval of Professional Services Agreement for Perrinville Flow Reduction Study Update Staff Lead: Rob English / Mike De Lilla Department: Engineering Preparer: Emiko Rodarte Background/History On June 18, 2024, this item was presented to the Parks and Public Works Committee and forwarded to the consent agenda for approval. Staff Recommendation Approve agreement. Background In 2015 the City completed a Basin Analysis and flow reduction study for the Perrinville Drainage Basin. The primary goal of the study was to find locations for projects in the Cities of Edmonds and Lynnwood to reduce peak stormwater flows going into Perrinville Creek. These peak flows are causing large amounts of erosion in the upper reaches, resulting in larger sediment deposits and some flooding in the lower reaches. This result is not beneficial to the aquatic habitat and health of the overall Creek. Therefore by reducing in stream peak flows, erosive forces would be mitigated. This would result in biological benefits to both the creek and Browns Bay in the Puget Sound. The reductions would also improve the overall stream aquatic habitat by treating and reducing the amount of pollutants entering this aquatic environment. The study evaluated and recommended projects and means to reduce the erosive degradation in Perrinville Creek. Since then, the Cities of Edmonds and Lynnwood have completed projects that were listed as part of this study. Narrative The City issued a Request for Qualifications (RFQ) in December, 2023 to hire a consultant to provide services to update the 2015 Perrinville Creek Stormwater Flow Reduction Retrofit Study. The City received statements of qualifications from one (1) engineering firm and the selection committee chose Herrera to provide Study services based on their qualifications, experience and approach. A contract has now been negotiated to provide services for the first phase of the Study update. This first phase will reevaluate the remaining projects identified in the 2015 study and also update: the hydrologic modeling, planning level cost estimates, and geologic characterization. In addition, additional opportunistic sites not included in the original list will be considered and added if feasible and cost effective. At which point at least six sites will be selected for more in depth evaluation. When the first phase of the work is completed, a separate scope and fee will be drafted. This second phase will finalize the report and gather site specific geotechnical data for each of the sites that are Packet Pg. 219 7.10 being evaluated in further detail. A Feasibility Assessment Report including: project summary sheets, hydrologic modeling results, infiltration feasibility, and groundwater level results will be included as part of this second phase. The scope and fee for the second phase will be submitted separately to City Council in the future for review and approval. The project will be a joint effort between the Cities of Edmonds and Lynnwood. In order to aid with funding the study, the Cities of Edmonds and Lynnwood were able to acquire a $469,200 Department of Ecology (DOE) grant toward this effort. This grant requires $82,800 in local (City of Edmonds & Lynnwood) matching funds. An interlocal agreement (ILA) has been drafted to formalize roles and responsibilities between the two agencies for this project and how the grant and matching funding costs will be split, with the result being that the grant and the matching funds costs will be split 50/50 between the Cities of Lynnwood and Edmonds. The City has negotiated a consultant fee for this contract in the amount of $140,538 and includes a $14,234 management reserve. This contract will be funded by the Storm Utility Fund, DOE grant and matching funds from the City of Lynnwood. Attachments: Attachment 1 - Agreement Packet Pg. 220 7.10.a OF ED " O d CITY OF EDMONDS MIKE 121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 - WWW.EDMONDSWA.GOV ROSEN MAYOR PUBLIC WORKS DEPARTMENT I ENGINEERING DIVISION PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and Herrera Environmental Consultants, hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering services with respect to the Perrinville Flow Reduction Study Update project; and WHEREAS, the Consultant has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above -mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth in Exhibit B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of ONE HUNDRED FORTY THOUSAND FIVE HUNDRED THIRTY-EIGHT DOLLARS ($140,538). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. E24FB.Herrera PSA 1 Packet Pg. 221 7.10.a C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data, reports, and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations, documentation and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this Agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the negligent acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance E24FB.Herrera PSA 2 Packet Pg. 222 7.10.a with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. The Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. E24FB.Herrera PSA 3 Packet Pg. 223 7.10.a 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document, its Appendices 1 & 2, and the Scope of Work attached hereto as Exhibit A, the fee schedule attached hereto as Exhibit B, and the Washington State Department of Ecology Water Quality Combined Funding Insert for All Services for State -Funded Projects, attached hereto as Exhibit C. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, B, or C, this Agreement shall control. 12. Changes/Additional Work. The City may engage the Consultant to perform services in addition to those listed in this Agreement, and the Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. The Consultant represents that the Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. The Consultant and any persons employed by the Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he/she/they has/have not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they has/have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations E24FB.Herrera PSA 4 Packet Pg. 224 7.10.a for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. Because this Agreement is subject to federal nondiscrimination laws, the Consultant agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this reference, apply to this Agreement. Because this Agreement is subject to Washington State Department of Ecology requirements, the Consultant agrees that the provisions of Exhibit C, attached hereto and incorporated herein by this reference, apply to this Agreement. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: Herrera Environmental Consultants 2200 Sixth Avenue, Suite 1100 Seattle, WA 98121 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS day of CITY OF EDMONDS Mike Rosen, Mayor ATTEST/AUTHENTICATED : Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2024. HERRERA ENVIRONMENTAL CONSULTANTS Theresa Wood, President E24FB.Herrera PSA 5 Packet Pg. 225 7.10.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 2024, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: E24FB.Herrera PSA 6 Packet Pg. 226 7.10.a APPENDIX 1 CONTRACT (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows: 1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 21), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant/Contractor shall not participate directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the Consultant's/Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant/Contractor shall provide all information and reports required by the Regulations and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the appropriate state or federal agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or the appropriate state or federal agency may determine to be appropriate, including, but not limited to: • Withholding of payments to the Consultant/Contractor under the Agreement until the Consultant/Contractor complies; and/or • Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above paragraphs one (1) through five (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the City or appropriate state or federal agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the City; or may request that the appropriate state agency enter into such litigation to protect the interests of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States. E24FB.Herrera PSA 7 Packet Pg. 227 7.10.a APPENDIX 2 CONTRACT (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Person with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). E24FB.Herrera PSA 8 Packet Pg. 228 Exhibit A 7.10.a SCOPE OF WORK CITY OF EDMONDS PERRINVILLE CREEK FLOW REDUCTION STUDY UPDATE - PHASE 1 The City of Edmonds (City) authorized Herrera Environmental Consultants (Herrera) to prepare a scope of work and cost estimate outlining services that Herrera will provide to support the update of the City's Perrinville Creek Flow Reduction Study (Study) and to meet the requirements in the City's Grant Agreement No. WQC-2024-Edmond-00226 with the Washington State Department of Ecology (Ecology). Rebecca Dugopolski is Herrera's project manager for this project. Mike De Lilla is the City's project manager. The City of Lynnwood (Lynnwood) representative for this project is Derek Fada. This scope of services includes a discussion of the activities, assumptions, deliverables, and a schedule associated with Phase 1 of this project, which is anticipated to include the following: Task 1 — Grant and Loan Administration.................................................................................................1 Task 2 — Project Identification and Prioritization..................................................................................2 Task 3.a — Cultural Review and Geotechnical Work Plan...................................................................4 ProjectBudget..................................................................................................................................................5 ProjectSchedule...............................................................................................................................................6 The Herrera team for this project includes AESI, WSP, Cultural Resources Consultants, and APS Locates (Consultant). A separate Phase 2 for the project is anticipated in the future and is not included as part of this scope and fee. It will include the Geotechnical Investigations and Feasibility Assessment Report and will supplement this scope of work once the prioritized list of project sites is determined. Task 1 - Grant and Loan Administration Due to limits with City accounting systems, the City elects to charge administrative costs under the tasks which the administrative work is supporting rather than tracking administration cost as a separate task. Therefore, no money is placed in Task 1, and all similar costs incurred during the project would be billed to other tasks. May 29, 2024 mf edmonds_perrinville_scope.docx Page 1 of 6 V HERRERA Packet Pg. 229 7.10.a SCOPE OF WORK General Project Management Assumptions The following project management assumptions apply during the course of work on Tasks 2 and 3a. • Herrera will be responsible for ongoing management and contract administration of this project, including preparing monthly invoices, as well as coordination of work efforts with the City's project manager (Mike De Lilla). Herrera's project manager and contract manager will have phone and e-mail contact with the City's project manager and other City representatives on an as - needed basis with regard to scope, schedule, budget, and invoicing issues. • Herrera will facilitate regular check -in meetings between the Herrera and City project manager These meetings are in addition to task -specific meetings outlined below and assumed to be monthly. Herrera will email important notes or action items as needed after these meetings. Deliverables • Refer to Task 2 and 3a for project management/contract administration deliverables. Task 2 - Project Identification and Prioritization The Consultant will lead a project kickoff meeting and prepare a draft and final project schedule. The 2015 Perrinville Creek Flow Reduction Study (2015 Study) included 30 projects located in the cities of Edmonds and Lynnwood, four of which have been completed. Building from recent work with Edmonds and Lynnwood, the Consultant will compile a list of the 26 remaining projects from the 2015 Study and projects identified through recent work on the Edmonds Stormwater Management Action Plan (SMAP) and the Edmonds Storm and Surface Water Management Comprehensive Plan update for prioritization. Herrera will collaborate with the cities of Edmonds and Lynnwood to ensure that the compiled list accounts for the priorities of each city. The Consultant will develop a Survey123 form to collect additional locations from City staff and Lynnwood staff for other identified water quality issues within the Perrinville Creek Basin. For the purposes of this scope "water quality" refers to high flow rates and/or pollutants in runoff. Herrera will compile locations identified from the 2015 Study, recent project work with each city, and the Survey123 form into an ArcGIS Online web map. New high-level concepts will be developed for up to four water quality issues identified by the cities. The Consultant will conduct up to 36 hours of field assessment of problem locations (four consultant team members for 1 day). Field observations for each site will be recorded in the web map. May 29, 2024 mf edmonds_perrinville-scope.docx Page 2 of 6 w1k, Packet Pg. 230 7.10.a SCOPE OF WORK The Consultant will review available desktop geotechnical information and prepare a table that summarizes infiltration potential for up to 20 sites. The table will summarize available information, infiltration potential (i.e., a qualitatively assessment using available data), and data gaps. The Consultant will lead a remote meeting with City staff from Edmonds and Lynnwood to present the results. Following fieldwork, the Consultant will develop a screening and prioritization framework. Screening will occur following the initial desktop review and will likely consist of basic qualitative or semiquantitative criteria centered on implementation feasibility and stormwater management potential. Costs and co - benefits may also be included in the prioritization framework. The Consultant will provide the cities with a table of potential projects, along with access to the web map that contains information on each project. Herrera will lead a remote meeting with City staff from Edmonds and Lynnwood to present the preliminary retrofit opportunities, the proposed screening and prioritization framework, and initial screening results. Following the workshop, Herrera will incorporate feedback from each City into a revised preliminary retrofit opportunities map and matrix and update the prioritization to narrow the list of retrofit opportunities down to 6 to 10 sites. Assumptions • The Cities shall provide Consultant with information on the relevant 2015 Study projects and additional areas with water quality issues. • Up to two virtual working meetings will be scheduled with City staff from Edmonds and Lynnwood (up to 1 hour each) to review the list of water quality problems and to discuss which problem locations are considered to be the highest priority. • Property access approvals, if needed, will be provided by City staff from Edmonds and/or Lynnwood. • Project site field visits will be limited to 1 day with four Consultant staff. • Geotechnical site visits will be limited to 1 day with one Consultant staff. • City and Lynnwood staff will accompany the Consultant in the field. • Deliverables produced in this task will be subject to one set of review comments from the City and Lynnwood before being finalized. • The City and Lynnwood will provide one consolidated set of review comments to Herrera on draft deliverables within 4 weeks of receipt. May 29, 2024 mf edmonds_perrinville_scope.docx Page 3 of 6 w1k, Packet Pg. 231 7.10.a SCOPE OF WORK • Between 6 and 10 projects will be chosen to evaluate in more detail in future tasks. Phase 1 work is limited to project summary information and a simple location map/sketch using readily available GIS data. • Land surveying services are excluded. • Task duration is assumed to be 6 months. Deliverables • Draft and final project schedule (Adobe PDF) • Notes from project kickoff meeting (Microsoft Word) • Draft prioritization process documentation including proposed matrix and prioritization criteria (for City and Lynnwood review) (Microsoft Word and/or Excel) • Draft prioritization process documentation including proposed matrix and prioritization criteria (for Ecology Review) (Adobe PDF) • Response to Ecology comments on the prioritization process documentation (Microsoft Word and/or Excel) • Prioritized list of top 6 to 10 projects (Microsoft Word and/or Excel) • Infiltration potential summary table • Monthly invoices and progress reports (Adobe PDF) Task 3.a - Cultural Review and Geotechnical Work Plan The Consultant will prepare a cultural resource review form and Inadvertent Discovery Plan (IDP) and provide those documents to the City for submission to Ecology. The Consultant will prepare a geotechnical investigation plan. The plan will be to define recommended geotechnical investigation to collect additional data related to the priority retrofit opportunities. Assumptions • Herrera will prepare the cultural resource review form and Inadvertent Discovery Plan. May 29, 2024 mf edmonds_perrinville_scope.docx Page 4 of 6 w1k, Packet Pg. 232 7.10.a SCOPE OF WORK • The City and Lynnwood will provide one consolidated set of review comments to Herrera on draft deliverables within 4 weeks of receipt. • Task duration is assumed to be 1 month. Deliverables • Ecology Cultural Resource Review Form, ECY 070-537 Form (Microsoft Word) • Ecology Inadvertent Discovery Plan (IDP), ECY 070-560 Form (Adobe PDF) • Geotechnical investigation plan (Adobe PDF) • Monthly invoices and progress reports (Adobe PDF) Task 6.a - Management Reserve Task 6.a establishes a management reserve of approximately 10% of the total budget for unanticipated services that may be required during the course of work on the project. Potential unanticipated services may include, but are not limited to, additional cultural resource investigation, utility locates, and supplemental field work. Assumptions • Prior to any work on this task, the Consultant will provide a written scope and budget request to the City for authorization. • The management reserve may only be used with written (email) authorization from the City project manager. Deliverables • As defined in the approved scope and budget. Project Budget The estimated project budget is provided in Exhibit B. May 29, 2024 mf edmonds_perrinville_scope.docx Page 5 of 6 w1k, Packet Pg. 233 7.10.a SCOPE OF WORK Project Schedule Task Deliverable/Meeting Timeline a Task 1 — Grant and PM check -in meetings See other tasks Loan Administration Monthly invoices and progress reports Project kickoff meeting Notes from project kickoff meeting Draft project schedule Final project schedule July 17, 2024 (TBD) July 19, 2024 July 24, 2024 July 31, 2024 Task 2 — Project Draft prioritization process documentation September 2024 Identification and (for City and Lynnwood review) Prioritization Draft prioritization process documentation November 2024 (for Ecology review) Response to Ecology comments on the January 2025 prioritization process documentation Prioritized list of top 6 to 10 projects January 2025 Ecology Cultural Resource Review Form February 2025 Task 3 — Cultural Ecology Inadvertent Discovery Plan (IDP) February 2025 Review Geotechnical exploration plan February 2025 Task 6.a Management Reserve TBD a The proposed project timeline assumes that the notice to proceed will be issued on July 9, 2024. May 29, 2024 mf edmonds_perrinville_scope.docx Page 6 of 6 &A HERRERA Packet Pg. 234 �'Jt HE RRE R A Exhibit B Cost Estimate for 2024 Perrinville Basin Flow Reduction Study Update Herrera Project No. 23-08287-000 6/7/2024 Task No. Herrera Labor based on: Burdened Labor Rates Lancaster, Alice Engineer VII 2424 6uraenea Labor Rates $326.08 Dugopolski, Rebecca Engineer VI $273.41 Chechanover, Julianne Engineer II $160.68 DeBenedetto, Kathryn Engineer IV $211.97 Spear, Eliza Scientist IV $202.93 Stebbing, Rebecca GIS Analyst II $128.62 Maloof, Charles Jackowich. Pamela Project Accountant III Administrative Coordinator IV $135.81 $143.83 3% Subconsultants Subconsultant APS Locates AESI Cultural Resource Consultants WSP Total Hours per Task Subtotal Labor Subtotal Herrera Labor Escalation on Herrera Labor in 2025 Escalated Subtotal Herrera Labor 3% 1 Subtot_ Travel and Per Diem (PD) ■ Auto Use Mile $0.67 Subtotal Per Diem Subtotal Per Diem, Lab Costs, and ODCs Grand Subtotal Grand Total 0 0 0 0 $o $0 $0 $0 $0 $0 3 3 46 6 12 64 139 8 i6 163 134 14 148 24 0 24 32 8 1 4 362 I 43 $69,496 1 $8,507 0 32 9 4 I 447 1 $86,823 0 0 42 1 $8,819 $69,496 I $8,507 I $8,819 I $86,823 $0 $255 $88 $343 $69,496 $8,763 $9,084 $87,343 $0 $2,500 $2,500 $11,930 $19,310 $27,303 $1,177 $40,410 $7,601 $2,500 $150 $5,150 $2,500 $27,303 $1,548 $53,161 50 1 1 50 $0 $34 $0 $0 $34 $0 $34 $0 $0 $34 $0 $109,940 $16,364 $14,234 $140,538 Q Packet Pg. 235 7.10.a This tab can be used to summarize data for clients Client Name: Herrera and City of Edmonds Name/Role Total Hours Rafe Total Labor Giseburt, Michael 40 $ 269.21 $ 10,768.51 Ellis, James - $ - $ - Nelson, Ralph - $ - $ - Bodnar, Mark 18 $ 168.22 $ 3,027.91 Urban, Casey - $ - $ - Roscoe, Daniel - $ - $ - S9mac, Brandon - $ - $ - Wong, Shade 6 $ 97.59 $ 585.51 Bretana, Nora - $ - $ - Cammermeyer, Jon 6 $ 266.72 $ 1,600.34 Gillespie, Sarah 68 $ 164.51 $ 11,186.67 0 $ $ 0 $ $ - 0 $ $ 0 $ $ WSP Subtotal 138 $ 27.168.95 Labor by Task 2.2.1-Task 2.2.2-Kick 2.2.3- 2.2.4- 2.2.5-Fieltl 2.2.6- 2.2.7- 2.2.8- 2.2.9-Mist. Admin OffMeefing Review Framework Assessment Pnonrizado Workshop Project Coord Information Input n Descrpt. 6 2 1 2 8 2 3 4 12 6 _ _ _ _ 12 _ 6 2 2 2 - 4 12 4 12 8 4 12 12 14 6 19 6 20 12 7 30 24 $ 2,734.24 $ 1,196.47 64 $ 3,252. $ 1,1ii $ 4,127.82 95 $ 2,387.; $ 1,465.6 $ 5,603.02 1 $ 5,204.67 Total Labor Hours 138 14 6 19 1 6 1 20 1 121 71 30 1 24 Total Labor Revenue $ 27,168.95 $ 2,734.24 $ 1,196.47 $ 3,252.64 $ 1,196.47 $ 4,127.82 $ 2,387.95 $ 1,465.68 $ 5,603.02 $ 5,204.67 SUBS - BY TOTAL AMOUNT Subs Total Total Subs E EXPENSES -SUMMARY -WSP ONLY Other Direct Costs Total Mileage $ 134,00 0 $ $ Total Other Direct Costs $ 134.00 Packet Pg. 236 7.10.a AESI Budget Estimate Perrinville Creek Watershed Stomwater Retrofit - Phase 1 (Tasks 2 and 3) AESI 2024 Schedule of Charges May 30, 2024 (AESI Proj. No. 20240130) Description PROJECT•PRIORITIZATION Senior Principal Engineer $305 Principal Engineer/ Geologist $285 Associate Engineer/ Geologist $240 Senior Engineer/ Geologist $230 Project Engineer Geologist $185 Snr. Staff Staff Engineer Engineer Geologist Geologist $160 $140 Senior Field Tech $125 Tech O.T. Premium $26 Tech Editing $110 GIS / Graphics $150 CADD Tech $130 Total Labor Hours Subcontractor Mileage, reimb, etc. COST Project Setup/Kickoff/Admin (4 months of active time) 3 10 13 $ 2,7 Team Field Assessment (Herrera Team [1 field day + preparation and follow up]) - NO AESI $ Desktop Study and Summary Table - Geotechnical / Infiltration Potential (20 sites) 4 20 1 4 29 $ 5,5 Post Summary Table Follow Up (Feasibility/Stormwater Management) 4 4 $ 1,1 Meeting with City Staff (1 of 2 meetings up to 1 hr) 1 2 3 $ 6 Consultant Coordination Meetings (every 2 weeks during 4 months = AESI to attend half) 4 4 8 $ 1,8 City and Ecology Review Meetings (assumed not needed in scope) $ Subtotal: $ 11,9 Geotechnical Investigation Plan (6 to 10 sites) 4 20 3 6 33 $ 6,0 Review and Response (1 round of review to city comments) 1 3 $ 8 Team Meeting (assumed 1 meeting) 1 1 2 $ 4 Subtotal: $ 7,3 $ $ Subtotal: $ SUB -TOTAL Packet Pg. 237 7.10.a Exhibit C amm DEPARTMENT OF ECOLOGY State of Washington WASHINGTON STATE DEPARTMENT OF ECOLOGY WATER QUALITY COMBINED FUNDING INSERT FOR ALL SERVICES FOR STATE -FUNDED PROJECTS The following clauses are suggested to be incorporated into contracts for all services receiving state financial assistance from the Washington State Department of Ecology's Water Quality Combined Funding Program. Compliance with State and Local Laws The services provider (CONTRACTOR) shall assure compliance with all applicable federal, state, and local laws, requirements, and ordinances as they pertain to the project. State Interest Exclusion Partial funding of this project is being provided through the Washington State Department of Ecology. Neither the State of Washington nor any of its departments or employees are, or shall be, a party to this contract or any subcontract. Third Party Beneficiary Partial funding of this project is being provided through the Washington State Department of Ecology. All parties agree that the State of Washington shall be, and is hereby, named as an express third -party beneficiary of this contract, with full rights as such. Cost Basis of Contract No contract may be written for "cost -plus -a -percentage -of -cost" or "percentage of construction cost." The cost basis for this contract must be cost -reimbursement, unit price, fixed -price, time and materials, or any combination of these four methods. Funding Recognition Documents produced under this agreement shall inform the public that the project received financial assistance from the Washington State Department of Ecology. The Washington State Department of Ecology's logo must be on all signs and documents. Logos will be provided as needed. Accessibility Public -facing documents produced under this agreement shall be accessible to the RECIPIENT'S best ability. This recommendation applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. Packet Pg. 238 7.10.a Access To the Work Site and To Records The CONTRACTOR shall provide for access to their records by Washington State Department of Ecology personnel. The CONTRACTOR shall maintain accurate records and accounts to facilitate the Owner's audit requirements and shall ensure that all subcontractors maintain auditable records. These records shall be separate and distinct from the CONTRACTOR's other records and accounts. All such records shall be available to the Owner and to Washington State Department of Ecology for examination. All records pertinent to this project shall be retained by the CONTRACTOR for a period of three years after the final audit. Funding Provision Partial funding of this project is being provided through the Washington State Department of Ecology. In the event that Ecology's funding from state, federal, or other sources is withdrawn, reduced, or limited in any way, the contract may be amended. Copyright to Documents The Department of Ecology retains a copyright to any documents produced and data collected under this agreement. The Department retains a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use the data or documents. The Department can authorize others to use the data or documents for federal, state, or local government purposes. Packet Pg. 239 7.11 City Council Agenda Item Meeting Date: 06/25/2024 Approval of Perrinville Flow Reduction Study Update - Interlocal Agreement (ILA) between the Cities of Edmonds and Lynnwood Staff Lead: Rob English / Mike De Lilla Department: Engineering Preparer: Emiko Rodarte Background/History On June 18, 2024, this item was presented to the Parks and Public Works Committee and forwarded to the consent agenda for approval. Staff Recommendation Approve ILA agreement. Narrative In 2015 the City completed a Basin Analysis and flow reduction study for the Perrinville Drainage Basin. The primary goal of the study was to find locations for projects in the Cities of Edmonds and Lynnwood to reduce peak stormwater flows going into Perrinville Creek. These peak flows are causing large amounts of erosion in the upper reaches, resulting in larger sediment deposits and some flooding in the lower reaches. This result is not beneficial to the aquatic habitat and health of the overall Creek. Therefore by reducing in stream peak flows, erosive forces would be mitigated. This would result in biological benefits to both the creek and Browns Bay in the Puget Sound. The reductions would also improve the overall stream aquatic habitat by treating and reducing the amount of pollutants entering this aquatic environment. The study evaluated and recommended projects and means to reduce the erosive degradation in Perrinville Creek. Since then, the Cities of Edmonds and Lynnwood have completed projects that were listed as part of this study. Since it has been almost 10 years since the completion of the Study, the City will be teaming with the City of Lynnwood to reevaluate and update the 2015 Study. In order to aid with funding the study, the Cities of Edmonds and Lynnwood were able to acquire a $469,200 Department of Ecology (DOE) grant toward this effort. This grant requires $82,800 in local (City of Edmonds & Lynnwood) matching funds. An interlocal agreement (ILA) has been drafted to formalize roles and responsibilities between the two agencies for this project and how the grant and matching funding costs will be split/allocated, with the result being that the grant and the matching funds costs will be split 50/50 between the Cities of Lynnwood and Edmonds. The project will reevaluate the remaining projects identified in the 2015 study and also update: the hydrologic modeling, planning level cost estimates, and geologic characterization. In addition, additional opportunistic sites not included in the original list will be considered and added if feasible and cost effective. Packet Pg. 240 7.11 At least six total sites will be further developed and incorporated, as applicable, into the respective city's Stormwater Capital Improvement Program. The Criteria that will be considered includes but is not limited to: infiltration and treatment effectiveness and potential, groundwater depth in relation to finish grade, ease of maintenance and access, constructability, site size/flow mitigation impact of proposed site, impact to existing private and public infrastructure, overall cost effectiveness, and community involvement/opinion. The Feasibility Assessment Report will include project summary sheets, hydrologic modeling results, infiltration feasibility, and groundwater level results. Attachments: Attachment 1 - agreement Packet Pg. 241 7.11.a INTERLOCAL AGREEMENT CITY OF EDMONDS AND CITY OF LYNNWOOD Perrinville Creek Watershed Stormwater Retrofit Feasibility Project THIS INTERLOCAL AGREEMENT ("Agreement") is entered into by and between the City of Edmonds, Washington ("Edmonds") and the City of Lynnwood, Washington ("Lynnwood") (individually, a "Party" and collectively, the "Parties") as of the date entered below. RECITALS WHEREAS, Chapter 39.34 RCW authorizes two or more political subdivisions or units of local government of the State of Washington to cooperate on a basis of mutual advantage to provide for services and facilities; and WHEREAS, Edmonds is undertaking a water quality improvement project known as the Perrinville Creek Watershed Stormwater Retrofit Feasibility Project (the "Project"), which consists of the development of a feasibility assessment report of the 764-acre watershed and the evaluation of the top priority sites for potential stormwater treatment facilities, to include geotechnical exploration; the development of pre -designs and cost estimates for approximately six stormwater treatment facilities; and the development of an implementation plan; and WHEREAS, Edmonds plans to fund the Project in part with grant funding it has received from the Washington State Department of Ecology ("DOE") through a Water Quality Combined Financial Assistance Agreement ("DOE Grant Agreement"), attached hereto as Attachment 1 and incorporated herein by this reference; and WHEREAS, the total cost of the Project is $552,000.00; the DOE Grant Agreement provides funding in the amount of $469,200.00; and the amount of Grant matching funds needed is $82,800.00; and WHEREAS, approximately 552 acres of the Perrinville Creek Watershed lie within the city limits of Lynnwood, as described and depicted on Attachment 2, attached hereto and incorporated herein by this reference; and WHEREAS, Edmonds and Lynnwood have agreed to work together to undertake the Project in accordance with the terms of the DOE Grant Agreement for the benefit of both; and WHEREAS, the Parties desire to enter into this Agreement for the purpose of defining their respective rights, obligations, costs, and liabilities regarding this undertaking; and WHEREAS, the City Council of the City of Edmonds has taken appropriate action to approve Edmonds' entry into this Agreement; and WHEREAS, the City Council of the City of Lynnwood has taken appropriate action to approve Lynnwood's entry into this Agreement, if necessary; NOW, THEREFORE, in consideration of the terms, conditions and covenants contained herein, Edmonds and Lynnwood agree as follows: 1 Packet Pg. 242 7.11.a TERMS Section 1. Requirements of the Interlocal Cooperation Act, Chapter 39.34 RCW. A. Purpose. The purpose of this Agreement is to establish a formal arrangement under which Edmonds will undertake the Project pursuant to the terms of the DOE Grant Agreement, Edmonds and Lynnwood will share the DOE Grant Agreement funds, and Lynnwood will pay Edmonds matching funds in support of the Project. The terms, conditions and covenants of this Agreement will accordingly be interpreted to advance this purpose. This Agreement further seeks to allocate and define the Parties' respective rights, obligations, costs, and liabilities concerning the Project. B. No Separate Entity. The Parties agree that no separate legal or administrative entity is necessary to carry out this Agreement. C. Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either Party in connection with the performance of this Agreement will remain the sole property of such Party, and the other Party will have no interest therein. D. Administrators. Each Party to this Agreement will designate an individual ("Administrator"), which may be designated by title or position, to oversee and administer that Party's participation in this Agreement. The Parties' initial Administrators will be: Edmonds' Administrator: L_ynnwood's Administrator: City Engineer Deputy Public Works Director 121 5t' Ave 19100 44t' Avenue W. Edmonds, WA 98020 P.O. Box 5008 Lynnwood, WA 98046-5008 Either Party may change its Administrator at any time by delivering written notice of such Party's new Administrator to the other Party. Section 2. Term. This Agreement will be effective upon filing with the Snohomish County Auditor in accordance with Section 17 below. Unless terminated in accordance with Section 3, this Agreement will remain in effect until Edmonds' completion of the Project pursuant to the DOE Grant Agreement. Section 3. Termination. The terms of the DOE Grant Agreement providing partial funding for the Project require that Edmonds undertake certain obligations, as set forth below. Pursuant to this Agreement, Edmonds will depend on Lynnwood's continued participation in the Project as set forth below. Therefore, except as expressly provided herein, Lynnwood will remain bound by the terms of this Agreement and will take no action without the consent of Edmonds to terminate the same prior to the completion of the Project pursuant to the DOE Grant Agreement. Either Party may terminate this Agreement with cause by providing the other Party with thirty (30) days' written notice of its intent to terminate. Termination or expiration will not alter the payment obligations under Section 6 for services already rendered and will not alter the Parties' respective obligations under Section 10 of this Agreement. Section 4. Obligations of Lynnwood. Lynnwood agrees to: A. Accept fifty percent (50%) of the DOE Grant Agreement funds (in the amount of $234,600.00) and in turn provide Edmonds with a minimum of fifteen percent (15%) matching funds for the Project (in the amount of $41,400.00). Packet Pg. 243 7.11.a B. Provide periodic payments to Edmonds, pursuant to Section 6 of this Agreement. C. Respond promptly to information requests submitted by Edmonds or its agents regarding the Project work. D. Coordinate all concerns and issues through the Edmonds Project Manager. Section 5. Obligations of Edmonds. Edmonds agrees to: A. Assume full responsibility for the implementation of the Project, including any portion of the Project that impacts property within the city limits of Lynnwood, and including but not limited to securing all necessary personnel, consultants, contractors and subcontractors, equipment, materials and services and otherwise do all things necessary for or incidental to the performance of the work for the Project as set forth in the DOE Grant Agreement's Scope of Work. B. Undertake the Project in accordance with federal, state, and local laws, regulations, policies and standards. C. Provide Lynnwood with fifty percent (50%) of the DOE Grant Agreement funds (in the amount of $234,600.00) and expend a minimum of fifteen percent (15%) matching funds for the Project (in the amount of $41,400.00). D. Submit to Lynnwood written invoices for payment in accordance with Section 6. E. Respond promptly to information requests submitted by Lynnwood or its agents regarding the Project work. F. Provide Lynnwood personnel reasonable access to the Project area for purposes of inspecting and monitoring the progress of the work. Section 6. Payment Schedule. The Parties agree to the following billing and payment schedule: A. Edmonds will, within sixty (60) days of its receipt of invoices for Project costs, submit an invoice to Lynnwood for its share of said costs. Said invoice will contain a reasonably detailed explanation of the Project tasks and work performed. B. Within thirty (30) days of receiving any undisputed invoice pursuant to subsection 6.A, Lynnwood will tender payment to Edmonds in the form of a check, money order or other certified funds for the invoiced amount. In the event that the Parties disagree regarding Lynnwood's share of any cost incurred by Edmonds regarding the Project, the Parties may agree to submit the question for resolution by a mediator or arbitrator acceptable to both Parties. Section 7. Claims and Disputes. If claims for additional payment are made by a consultant or contractor, Edmonds will endeavor to resolve the claims/disputes. Provided however, Edmonds will obtain Lynnwood's approval prior to resolving the claims/disputes. Lynnwood will participate in resolving claims/disputes as necessary. Packet Pg. 244 7.11.a Section 8. Project Completion. Upon completion of the Project to Edmonds' satisfaction, resolution of all claims for additional payment, and completion of any contract closeout documents, Edmonds will provide notice to the Lynnwood Deputy Public Works Director of the completion of the Project. Any necessary approval/acceptance of the Project by the Lynnwood City Council will be the responsibility of Lynnwood staff. Section 9. Ownership and Disposition of Property. Nothing in this Agreement is intended to affect the real property ownership rights of either Party. All real property within each Party's city limits will remain the exclusive property of that Party. Section 10. Release, Indemnification and Hold Harmless Agreement. A. Each Party to this Agreement will be responsible for its own negligent and/or wrongful acts or omissions, and those of its own agents, employees, representatives, contractors or subcontractors, to the fullest extent required by the laws of the State of Washington. Each Party agrees to protect, indemnify and save the other Parry harmless from and against any and all such liability for injury or damage to the other Party or the other Parry's property, and also from and against all claims, demands and causes of action of every kind and character arising directly or indirectly, or in any way incident to, in connection with, or arising out of work performed under the terms hereof, caused by its own fault or that of its agents, employees, representatives, contractors or subcontractors. B. Edmonds specifically promises to indemnify Lynnwood against claims or suits brought under Title 51 RCW by its own employees, contractors or subcontractors, and waives any immunity that Edmonds may have under that title with respect to, but only to, the limited extent necessary to indemnify Lynnwood. Lynnwood specifically promises to indemnify Edmonds against claims or suits brought under Title 51 RCW by its own employees, contractors or subcontractors, and waives any immunity that Lynnwood may have under that title with respect to, but only to, the limited extent necessary to indemnify Edmonds. Section 11. Insurance. Each Party will maintain its own insurance and/or self-insurance for its liabilities from damage to property and/or injuries to persons arising out of its activities associated with this Agreement as it deems reasonably appropriate and prudent. The maintenance, or lack, of insurance and/or self-insurance will not limit the liability of the indemnifying Party to the indemnified Party. Section 12. Governing Law and Venue. This Agreement will be governed by the laws of the State of Washington. Any action arising out of this Agreement will be brought in Snohomish County Superior Court. Section 13. No Employment Relationship Created. The Parties agree that nothing in this Agreement will be construed to create an employment relationship between Lynnwood and any employee, agent, representative or contractor of Edmonds, or between Edmonds and any employee, agent, representative or contractor of Lynnwood. Section 14. No Third -Party Rights. This Agreement is intended for the sole and exclusive benefit of the Parties hereto and no third -party rights are created by this Agreement. Section 15. Notices. All notices that are given by any Party pursuant to this Agreement will be in writing and will be delivered either in -person, by United States mail, or by electronic mail (email) to the applicable Administrator designated by the Parry under Section 1.13 above. 4 Packet Pg. 245 7.11.a Notice delivered in person will be deemed given when accepted by the recipient. Notice by United States mail will be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator, at the addresses set forth in Section Ll) above. Notice delivered by email will be deemed given as of the date and time sent; provided that: (1) the sender does not receive any failure of delivery notice; and (2) any notice by email sent on a day other than a business day will be deemed effective on the first business day after being sent. Section 16. Dispute Resolution. A. Settlement Meeting. It is the Parties' intent to work cooperatively and to resolve disputes in an efficient and cost-effective manner. If any dispute arises between the Parties relating to this Agreement, the Parties' respective Administrators, or the Administrators' designees, will meet and seek to resolve the dispute, in good faith, within ten business (10) days after a Party's request for such a meeting. In addition to the Administrators or designees, each Party will send any other persons with technical or other information relating to the dispute to the meeting. B. Mediation. If the Parties cannot resolve the issue within ten (10) days then they will mediate the matter using a mediator from Judicial Dispute Resolution, LLC or any other mediation service mutually agreed to by the Parties, or as appointed by the court if the Parties cannot agree (collectively "JDR') within seven (7) days of their failure to agree pursuant to Section 16.A above. The Parties will evenly split any fees charged by JDR, regardless of the outcome of the mediation. Each Party will bear its own attorneys' fees in connection with the mediation. C. Notice of Default. If the Parties are unable to resolve their dispute through mediation, either Party may serve a written Notice of Default on the other Party. The Notice of Default will describe the nature of the dispute and the noticing Party's requested resolution. Twenty (20) business days after service of a Notice of Default, either Party may file suit, seek any available legal remedy, or agree to alternative dispute resolution methods. At all times prior to resolution of the dispute, the Parties will continue to perform any undisputed obligations and make any undisputed required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. Section 17. Duty to File Agreement with County Auditor. Edmonds will, after this Agreement is executed by both Parties, file this Agreement with the Snohomish County Auditor. Section 18. Integration/Modification. This document constitutes the entire embodiment of the Agreement between the Parties and, unless modified in writing by an amendment to this Agreement, will be implemented as described above. This Agreement may only be modified or amended by a written amendment executed by the Parties. Section 19. Non -Waiver. Waiver by either Party of any of the provisions contained within this Agreement, including but not limited to any performance deadline, will not be construed as a waiver of any other provision. [Signatures on following page] Packet Pg. 246 7.11.a DATED this day of CITY OF LYNNWOOD CHRISTINE FRIZZELL, MAYOR ATTEST/AUTHENTICATED: Luke Lonie, City Clerk Approved as to form only: City of Lynnwood, Office of the City Attorney 2024. CITY OF EDMONDS MIKE ROSEN, MAYOR ATTEST/AUTHENTICATED: Scott Passey, City Clerk Approved as to form only: City of Edmonds, Office of the City Attorney C.1 Packet Pg. 247 7.12 City Council Agenda Item Meeting Date: 06/25/2024 Resolution Budget Calendar Staff Lead: Kim Dunscombe Department: Administrative Services Preparer: Kimberly Dunscombe Background/History In accordance with Chapter 35A RCW, the City Council intends to adopt the 2025-2026 Biennial Budget calendar. Budget calendar was reviewed at the June 18th Finance Committee. A correction was made to the Council Retreat date from August 23rd to August 16th, and several dates were noted as tentative Special Meeting opportunities. Staff Recommendation Staff recommends approving this item as part of the Consent Agenda. Narrative Attachments: 2024-06-11 Resolution Budget Calendar Packet Pg. 248 7.12.a RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING THE PLANNING CALENDAR FOR THE 2025 — 2026 BIENNIAL BUDGET. WHEREAS, in accordance with Title 35A RCW, the City Council intends to adopt the 2025-2026 Biennial Budget in its final form; and WHEREAS, the City Council understands the benefits of a budget calendar to set expectations and approach for the budget process; and WHEREAS, the City Council has incorporated scheduling recommendations from City Staff and Administration. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Adoption of the 2024 Budget Schedule for the 2025-2026 Biennial Budget. The events and dates specified by Exhibit A to this Resolution shall comprise the 2024 budget planning calendar for the 2025-2026 biennial budget. Exhibit A is attached hereto and incorporated herein by this reference as if set forth in full. Section 2. The City Council shall retain its full authority to modify or amend the planning calendar as the Council deems necessary, and in a manner consistent with applicable law, adopted polices and standard practices. RESOLVED this day of June 2024. ATTEST: CITY CLERK, SCOTT PASSEY CITY OF EDMONDS MAYOR, MIKE ROSEN 1 Packet Pg. 249 7.12.a FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Pg. 250 7.12.a EXHIBIT A 2025-2026 Budget Schedule DATE ITEM DESCRIPTION Pre -Budget Items Spring/Summer 2024 Adopted and update financial policies Community outreach August Departments present revenue and expenditure estimates to Mayor. August 13 Mid -Year report August 16 Council retreat September 11 Presentation of CIP/CFP to Planning Board September 24 CIP/CFP capital budget briefing to Council September 25 Planning Board CIP/CFP public hearing September 27 Preliminary budget filed at the Clerk's office October 1 Mayor's Message and presentation of Preliminary Budget CIP/CFP presentation to Council October 8 Department operating budget presentation CIP/CFP presentation to Council 1 St public hearing — Property Tax 1 St reading of the budget ordinance 1 St reading of the CIP/CFP ordinance October 15 Committees / + Special Council Meeting (tentative) October 22 Department operating budget presentations (con't) 1 St public hearing CIP/CFP 2" d public hearing - Revenue 2" d reading of the budget ordinance 2°d reading of the CIP/CFP ordinance October 29 Special Council Meeting November 12 Council workshop / deliberations 3ra public hearing - final November 19 Committees / + Special Council Meeting tentative November 21 Special Council Meeting tentative November 23 Special Council Meeting tentative November 25 Special Council Meeting (tentative) November 26 Final budget review and adoption of the 2025-2026 Biennial Budget and adoption of the CIP/CFP November 27 j General Property tax levy for 2025 filed with the County *Subject to change as needed Packet Pg. 251 7.13 City Council Agenda Item Meeting Date: 06/25/2024 Creative Dist. Gateway Art RFQ Staff Lead: Todd Tatum Department: Arts Commission Preparer: Laurie Rose Background/History At the end of 2018 the Edmonds Downtown Creative District was certified at the first Washington State Creative District. At the end of 2023 the district was recertified by the State Arts Commission (ArtsWA). As a certified Creative District Edmonds was eligible to apply for grant funding from ArtsWA for 2024-25. The required match for the grant was met by a donation from the Edmonds Arts Festival Foundation. The City was subsequently awarded a capital grant of $60,000 to create a public art installation at Anway Park as a welcoming gateway to the Edmonds Creative District to be developed in partnership with the Edmonds Arts Festival Foundation and the public art process facilitated by the Edmonds Arts Commission. Public art projects with a significant budget are brought to City Council to provide information about the project and to request approval for the call for artists to be advertised. Staff Recommendation Approve RFQ for Artists for Creative District Gateway Project and move to consent agenda. Narrative The goal of the Gateway Art Project is to create a welcoming and engaging art installation at Anway Park which is adjacent to the ferry holding lanes for the Edmonds -Kingston ferry. The installation and associated informational elements will highlight the Edmonds Creative District, and visually invite people to engage in the arts in Edmonds. The site provides opportunity for either a single art element or a series of elements that work with the park layout and restrooms building. The total grant and matching is $120,000. The budget for the artwork is $115,000. In addition, the Edmonds Arts Festival Foundation is donating up to $15,000 to cover the expenses of developing final proposals by 3 artists from which the final selection will be made. A separate budget of $5,000 will be allocated from the grant for informational elements. The funding has been confirmed and the next step is to advertise a call for artists. The call for artists is a Request for Qualifications and from the pool of applicants up to 3 will be selected and paid an honorarium to create original site -specific proposals for the site. Attachments: anway map Anway Example RFQ for CC Packet Pg. 252 ----------------- 7.13.a 1 ri - a id a Parcel 3 a� Recent Sales 202 Recent Sales 202 0 a� Recent Sales 202 r a� City Boundary L) County Park m National Forest 3 Water Street Types Interstate r a a 4 -s R Richard F. Anway Park . �aeW- v } ILK ,afi■ s■ ?;!5 Nola 7.13.c DRAFT — City of Edmonds Creative District Gateway Project Call -To -Artists Request for Qualifications [RFQ] Edmonds, WA The City of Edmonds Arts Commission is seeking an artist or artist -led team to create a site -specific commission as a welcoming feature for the Edmonds Creative District located in Anway Park adjacent to the ferry holding lanes off of Sunset Avenue by James St. Up to three artists will be selected based on qualifications and will be compensated for development of site -specific creative concept proposals. Project budget: $115,000 Up to three finalists will each be paid $1,700 to attend an orientation and to develop and present a site -specific design proposal. The remaining $115,000 constitutes the total final design, fabrication, and installation budget for the selected artist. Eligibility: Open to professional artists living in WA, OR, or CA. Deadline: Aug 19, 2024 (final dates TBD) Application: On-line application through Submittable is required. https://citvofedmondsartscommission.submittable.com/submit OPPORTUNITY The aim of this opportunity is to draw in visitors with an engaging artwork installation that reflects community creativity. Designated as the State's first Certified Creative District in late 2018, downtown Edmonds is a vibrant hub for cultural activities and creative businesses. The City of Edmonds Arts Commission, in partnership with the Edmonds Arts Festival Foundation, and the Edmonds Creative District is seeking an artist or artist -led team to design, fabricate and install site -specific artwork for a proposed Creative District Gateway project which incorporates art at a key entry point for visitors to Edmonds and for visitors passing through Edmonds on their way to the Olympic Peninsula via the ferry. The location, Anway Park, provides an opportunity for a creative visual installation that will draw people in and bring focus to the arts and cultural elements integral to Edmonds Creative District. In addition to the artwork, informational elements about the Creative District will be located in the park. The project supports the three main goals of the Edmonds Creative District: to enhance the creative identity of Edmonds; enhance creative experience and placemaking; and support retention and expansion of a strong creative sector through engagement in art. The Gateway Project addition of visually engaging artwork and information about the Edmonds Creative District will provide both a welcoming focal point and a resource for visitors who plan to return to the Creative District. SITE LOCATION Anway Park is a small City Park located next to the ferry holding lanes, adjacent to the public bathrooms, a dog walk area and a coffee stand. It is used by thousands of travelers on the Edmonds -Kingston ferry as well as being on popular walking routes. The commission may be for a single element or a series of elements that work in conjunction with park entry access, landscaping and restroom building within the constraints of Washington State Department of Transportation (WSDOT) right of way. The site has a central pathway which previously supported a large art element (subsequently relocated), and a small concrete sculpture is located on the east edge of the site. Locations for proposed art elements are flexible but require final approval from the Parks Department. The main sidewalk adjacent to the holding lanes and a portion of the adjoining lawn is WSDOT right of way. Packet Pg. 255 7.13.c BUDGET A budget of $115,000 is available for the final design, fabrication and installation of the artwork by the selected artist/artist team. The budget includes, but is not limited to: artist fees, materials, fabrication, storage, delivery, foundation design/engineering, site preparation and foundation construction, insurance, travel, and sales tax. Access for installation will be arranged with WSDOT/WSF by the City. The selected artist/artist team will be encouraged to work closely with City staff on integrating the proposed artwork into the park property and landscape. SELECTION PROCESS The artist for this commission will be selected through an RFQ process, with the final artwork decided on the basis of competitive proposals. The selection panel will include members representing the City Council, Arts Commission, Edmonds Arts Festival Foundation, Edmonds Creative District, and a member at large or an arts professional. Based on review of qualifications, the artist selection panel will invite up to three (3) finalists to prepare site -specific design proposals. Finalists will be required to participate in an on -site orientation before preparing their proposal materials. Finalists each receive a $1,700 stipend to attend the orientation, develop a conceptual design proposal, and present the proposal to the selection panel at an in -person public meeting. In addition to the proposal fee, out -of -region finalists will be partially reimbursed for pre - approved travel costs for one trip to Edmonds to participate in the proposal presentation. Following the public meeting and review of comments, the selection panel will reconvene to review the finalists' proposals and select one artist for the commission. The selected artist will be required to present their proposal to the Edmonds City Council for approval during a Public Hearing. Approved travel costs for the selected artist to present their proposal in person will be paid by the City. Proposals not selected will remain the property of the finalists. SCHEDULE (final dates TBD) Selection Process Call for Artists RFQ Released Deadline for Entry Selection Panel Meeting #1 Notification of Finalists Finalist Orientation Presentation of Proposal at Public Meeting Notification of Selected Proposal City Council with Public Hearing Final design work, fabrication, installation Final Installation of art elements completed June 27, 2024 Aug 19, 2024 Aug xx,2024 Aug 30, 2024 TBD (Sept 4-6, 2024) TBD — Oct xx, 2024 TBD - TBD — Oct 2024 November 2024 — May 2025 June 6, 2025 *Applicants should be available in this timeframe to participate in an in -person site orientation if selected as a finalist. CRITERIA FOR SELECTING FINALISTS Finalists will be selected on the basis of the following criteria: • Strong, innovative approach to design as demonstrated in the submitted application materials; • Experience in creating durable works of art for exterior sites which contribute to placemaking; Packet Pg. 256 7.13.c • Perceived ability to create an engaging, welcoming experience; • Perceived ability to engage people of all ages and backgrounds; • Understanding of the project. The selection panel reserves the right to make no selection from the submitted applications or finalist interviews. The panel's recommendations are subject to approval by the Edmonds Arts Commission, Edmonds Arts Festival Foundation and Edmonds City Council. APPLICATION MATERIALS Cover Letter —In 500 words or less, describe your interest and abilities relative to the commission goals, and how you would approach this commission considering your past work. Specifically address the selection criteria, including your innovative design approach, experience with exterior artworks and placemaking, and ability to create an engaging and welcoming experience for diverse audiences. Applicants are NOT asked to submit a proposal as part of the initial application. • Resume —Two-page (maximum) current professional resume. Keep formatting as simple as possible PDF is preferred; text (.txt) files also accepted. Teams should upload one document with two -page resumes for each team member. References should be included. Work Samples —Ten digital images or a combination of digital still images and video. • Digital Images: Submit up to 10 digital images of past work. If applying as a team, a maximum of 10 images may be submitted, inclusive of all team members. Upload JPG files only; images must be under 2 MB in size, 1920 pixels on the longest side, and at least 72 dpi. • Audio/Video: Submit up to five (5) video/audio samples if these media relate to your art practice (i.e., to show kinetic artwork, gradations of light or sound -based art). Audio samples must be submitted via SoundCloud with the specific URL (e.g., soundcloud.com/29523) noted on the Work Sample Upload page. Video samples must be submitted via Vimeo or YouTube, with the specific URL (e.g., vimeo.com/2992575) noted on the Work Sample Upload page. All submissions must be publicly accessible (password protected files will not be accepted). Timed excerpts are preferred, but longer samples may be submitted with notation in the description field of specific start and stop time for a cumulative run time of up to 5 minutes. Please include the start and stop times for excerpted audio/video samples at the beginning of the descriptive text. Questions - For more information on this project, please contact Frances Chapin, City of Edmonds Arts & Culture Manager, frances.chapin@edmondswa.gov www.edmondsartscommission.org For information on the Edmonds Creative District: https://www.edmondswa.gov/doing business/edmonds creative district Packet Pg. 257 8.1 City Council Agenda Item Meeting Date: 06/25/2024 Presentation of 7317 Lake Ballinger Way Property Purchase Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On April 18, 2023 Council approved the Water Quality Combined Financial Assistance Agreement between the State of Washington Department of Ecology and the City of Edmonds (WQC-2023-Edmond- 00101). On February 13, 2024 staff presented the original property appraisal, and a Deed of Right to Use Land for Water Quality and Conservation Purposes document required by the Department of Ecology at the Parks and Public Works Committee meeting. On June 18, 2024, this item was presented to the Parks and Public Works Committee and was forwarded to the June 25, 2024 City Council meeting for full presentation. Staff Recommendation Authorize staff to execute the Purchase and Sale Agreement. Narrative The City is considering the purchase of a vacant residential property at 7317 Lake Ballinger Way, which is located within the Lake Ballinger floodplain and is subject to seasonal flooding. The property, on the south shore of the lake, is currently owned by Jnati Investment LLC. After a thorough evaluation, the City would purchase the property, demolish the structures on site, and replant the wetlands with native vegetation. Planning, due diligence, and appraisal costs have been funded by the City's local match from the stormwater utility fund. The property acquisition, if approved, will be funded by the $500k Ecology grant and the balance ($20k plus escrow and closing fees) from the stormwater utility fund. The demolition, restoration and stewardship costs will be covered by the stormwater utility fund and possible future state and federal grant(s). The City will evaluate whether a stormwater facility can be constructed on the property to treat runoff from Lake Ballinger Way (State Route 104) as a second phase of the project. On March 28, 2023, Landau Environmental conducted a Phase I Environmental Site Assessment and a Hazardous Building Materials Survey of the property. Initial findings determined that an above ground heating oil tank was removed from the house by the current owner. Lead paint was detected on the concrete entry floor and the exterior trim and asbestos was detected in the floor tiles in the family room. Packet Pg. 258 8.1 The City received an initial appraisal value for the property of $480,000, and a final revised appraisal value of $520,000 was determined after an independent appraisal review required by Ecology (refer to attachment 2). City staff has shared the revised appraisal value with the property owner and has received a positive response on the property sale price of $520,000. Ecology has approved an Acquisition Stewardship Plan (Attachment 3) prepared by the City, and staff has prepared a draft purchase and sale agreement (Attachment 1). The water quality deed of right is included (Attachment 5). Attachments: Attachment 1 - Purchase and Sale Agreement Attachment 2 - Final Appraisal Attachment 3 - Stewardship Plan Attachment 4 - Presentation Attachment 5 - Water Quality Deed of Right Packet Pg. 259 8.1.a REAL ESTATE PURCHASE AND SALE AGREEMENT BY AND BETWEEN JNATI INVESTMENT, LLC AND CITY OF EDMONDS Page 1 of 18 Packet Pg. 260 8.1.a REAL ESTATE PURCHASE AND SALE AGREEMENT This REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is made as of the date appearing in the last paragraph of this Agreement ("Effective Date") by and between Jnati Investment, LLC, a Washington limited liability company ("Seller") and the City of Edmonds, a Washington municipal corporation ("Purchaser"). Seller and Purchaser may hereafter be known individually as a "Party" and collectively as the "Parties." ARTICLE I 1.1 Property Description. Seller owns certain real property located at 7317 Lake Ballinger Way, Edmonds, Washington as legally described in Exhibit A, attached hereto and incorporated herein by this reference (the "Real Property"). 1.2 Agreement of Purchase and Sale. Subject to the terms and conditions set forth herein, Seller agrees to sell, convey, transfer, and assign, and Purchaser agrees to purchase, all of the Seller's right, title, and interest in and to the Real Property, together with all of Seller's right, title and interest in and to the following (collectively, the "Property"): a) Real Prope . Rights. Any and all land lying in the bed of any street, road, highway or avenue, open or proposed, in front of, or adjoining all or any part of the Real Property, and all strips gores or rights -of -way, lakebeds, streams, riparian rights, appurtenances, rights, licenses, and easements, in any way benefitting or otherwise in front of or adjoining all or any part of the Real Property (the "Real Property Rights"). b) Improvements. Any and all buildings, fixture, structures, landscaping, parking areas, improvements, and related improvements or amenities erected or located on, over, or beneath the Real Property (the "Improvements"). c) Leases. Any and all eases of the Real Property, if any, including all leases, work letter agreements, improvement agreements, and other rental agreements with respect to occupancy or use of the Real Property by tenants, and such other leases, work letter agreements, improvement Agreements, and other rental agreements as may be approved by Purchaser in accordance with the terms of this Agreement (the "Leases"). d) Contracts. Any and all contracts, agreements, commitments, employment agreements, service contracts, utility contracts, construction contracts, maintenance agreements, leasing and brokerage agreements and all other contracts, agreements and obligations, whether or not in writing, which related in any way to the ownership, development, operation, management, maintenance, use or occupancy of the Real Property (the "Contracts"). e) Intangible Property. Any and all intangible property (other than the Real Property, Real Property Rights, Improvements, Leases, Contracts, and Personal Property) owned or held by Seller and used in connection with the ownership, development, operation, management, maintenance, use, or occupancy of the Property, including, to the extent such Intangible Property exists and without warranty or representation of any kind, without limitation, the plans and specifications relating to the Property, all engineering, Page 2 of 18 Packet Pg. 261 8.1.a soil, land use, pest control, and all other non -confidential studies or reports relating to the Property, the Improvements and/or the Personal Property, all pre -paid fees, utility agreements, and connections for water and sewer, if any, all rights to reimbursements and credits pertaining to the Real Property, including without limitation, all those from any governmental jurisdiction, all rights to development impact fee credits pertaining to the Real Property and the development thereof, all awards or payments made or to be made for or with respect to any taking in condemnation or eminent domain (including awards or payments for damage resulting from change of grade or impairment of access) or any part of the Property, the Improvement and/or the Personal Property prior to, on or after the date hereof, all rents, issues, and profits therefrom and to the extent, if any, approved by Purchaser pursuant to the terms of this Agreement, all consents, licenses, franchises, permits, entitlements, approvals, utility and/or subdivision bonds or deposits, purchase or construction warranties or guarantees (the "Intangible Property"). 1.3 Purchase Price. The purchase price for the Property is Five Hundred Twenty Thousand Dollars and no cents ($520,000.00) (the "Purchase Price"). 1.4 Purchaser's Deposit; Escrow. Within five (5) business days after the Effective Date, Purchaser shall deliver to the office of Chicago Title, located at 3002 Colby Avenue #200, Everett, WA 98201 ("Escrow Agent" or "Title Company") a cash deposit in the amount of Ten Thousand Dollars and no cents ($10,000.00) (which, together with any interest earned thereon, is the "Earnest Money"). Escrow Agent shall invest the Earnest Money in an interest -bearing account as instructed by Purchaser. The Earnest Money shall be applicable to the Purchase Price at Closing, except as specifically provided elsewhere in this Agreement. If the Closing does not occur as the result of a breach or default by Seller, all of the Earnest Money, and all accrued interest thereon, shall be immediately refunded to Purchaser, and the parties shall promptly execute and deliver cancellation instructions to the Escrow Agent. Title to Real Property. ARTICLE II TITLE REVIEW; SELLER'S CONDITIONS 2.1 Title Examination; Commitment for Title Insurance; Survey. Within two (2) business days after the Effective Date, Purchaser shall order from the Title Company a commitment for an extended coverage A.L.T.A. Policy of Title Insurance (the "Title Commitment"), and copies of all recorded instruments referenced in the Title Commitment, if any. Purchaser shall have thirty (30) days after the Effective Date to examine title to the Property (the "Title Review Period"). Purchaser may, in Purchaser's sole discretion and at Purchaser's sole cost and expense during the Title Review Period, Obtain an A.L.T.A. or other survey of the Property as required to obtain extended coverage (the "Survey"). 2.2 Title Objections; Cure of Title Objections. a) Purchaser shall have until the expiration of the Title Review Period to give written notice to Seller of such objections as Purchaser may have to any exceptions to title insurance coverage as disclosed in the Title Commitment. Any such exception to title disclosed in the Title Commitment to which Purchaser does not object by timely written Page 3 of 18 Packet Pg. 262 8.1.a notice shall be a "Permitted Exception." Purchaser shall not be required to object to any mortgage or deed of trust liens, the lien of any financing of Seller, any exceptions related to Seller's authority to convey the Property, and the same shall not be deemed Permitted Exceptions. Following delivery of the Title Commitment, Seller shall not alter the condition of title to the Property without the written consent of Purchaser. b) In the event Purchaser gives timely written notice of objection to any exceptions to title, Seller shall have the right, but not the obligation, to elect to remove, satisfy or otherwise cure ten (10) days prior to Closing any exceptions to title or matters identified on the Survey so objected to by Purchaser. Within five (5) business days after receipt of Purchaser's notice of objection, Seller shall give written notice to Purchaser informing Purchaser of Seller's election with respect to such exceptions. If Seller fails to give written notice of its election within such five (5) business day period, Seller shall be deemed to have elected not to cure any such exceptions or matters. c) If Seller elects or is deemed to have elected not to cure any exceptions to title or matters identified on the Survey as objected to by Purchaser or if, after electing to cure, Seller determines and provides written notice to Purchaser that it is unwilling or unable to remove, satisfy or otherwise cure any such exceptions or matters by Closing, Purchaser's sole remedy hereunder in such event shall be either: (i) to accept title to the Property subject to such exceptions as if Purchaser had not objected thereto and without reduction of the Purchase Price; or (ii) to terminate this Agreement, in which case the Earnest Money shall be returned to Purchaser by the Escrow Agent, and neither party hereto shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement. Purchaser shall provide Seller with written notice of its election pursuant to this Section 2.2(c) prior to the end of the Inspection Period. If Purchaser fails to provide Seller with timely notice of its election to terminate this Agreement prior to the end of the Inspection Period pursuant to this Section 2.2(c), Purchaser shall be deemed to have elected to purchase the Property in accordance with and as contemplated in this Agreement. Any exceptions to title to which Purchaser has objected and that Seller has elected or is deemed to have elected not to remove, satisfy or otherwise cure which is not otherwise removed from the Title Commitment or final Title Policy shall also be a "Permitted Exception." 2.3 Supplemental Title Report. If there are any changes or additions to the Title Commitment after the expiration of the Title Review Period, Title Company shall deliver to Purchaser a supplement to the Title Commitment (the "Supplemental Report"). Purchaser shall have the right to review and approve any new items appearing in the Supplemental Report. Purchaser shall deliver notice of approval or disapproval of the items set forth in the Supplemental Report to Seller within five (5) business days after the delivery of the Supplemental Report. The failure of Purchaser to deliver notice of disapproval within said five (5) business day period shall be deemed to be Purchaser's approval of the Supplemental Report. In the event Purchaser delivers notice of disapproval, Seller shall have five (5) business days after receipt of Purchaser's notice to deliver notice as to whether Seller intends to remove, satisfy or otherwise cure any or all of the items in the Supplemental Report disapproved by Purchaser by Closing. Seller shall conclusively be deemed to have elected not to cure or remove each such item ("Disapproved Page 4 of 18 Packet Pg. 263 8.1.a Exceptions") for which Seller fails to notify Purchaser of its intention to cure or remove within such five (5) business day period. If Seller does not elect to cure or remove any Disapproved Exception within such five (5) business day period, Purchaser shall elect by notice to Seller within two (2) business days after expiration of such five (5) business day period to either: (i) waive the Disapproved Exception, in which event the Disapproved Exception shall become a Permitted Exception (and failure of Purchaser to provide such notice within the two (2) business day period shall be deemed to be Purchaser's election to proceed under this clause (i)); or (ii) terminate this Agreement, in which case the Earnest Money shall be returned to Purchaser by the Escrow Agent, and neither parry hereto shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of Agreement. Closing shall be extended as necessary to provide for the notice and response periods set forth above. 2.4 Conveyance of Title. At Closing, Seller shall convey and transfer to Purchaser title to the Property by Deed (as defined in Section 4.2(a)) subject only to the Permitted Exceptions and the standard preprinted exceptions in the Title Company's standard form of owner's title policy. At Closing, Seller shall cause the Title Company to issue to Purchaser an A.L.T.A. Owner's Policy of Title Insurance (or the Title Company's irrevocable commitment to issue such policy) in the same form as the Title Commitment, unless revised in accordance with this Agreement or otherwise upon Purchaser's prior written approval (the "Title Policy"), covering the Property in the full amount of the Purchase Price, subject only to the Permitted Exceptions and the standard preprinted exceptions in the Title Company's extended form of owner's title policy. Notwithstanding anything to the contrary specified herein, Purchaser shall be responsible for providing the Survey, delivering the same to the Title Company and providing any other information or documentation required by the Title Company in order for the Title Company to issue to Purchaser at Closing an extended coverage A.L.T.A. Owner's Policy of Title Insurance (the "Extended Coverage Conditions"). Seller shall deliver to Escrow Agent such additional documents as the Title Company requires from Seller in order to issue Purchaser the Title Policy, including, but not limited to, an owner's/seller's affidavit. ARTICLE III PROPERTY DOCUMENTS, PURCHASER'S CONTINGENCIES 3.1 Property Documents. Within three (3) business days after the Effective Date, Seller shall provide to Purchaser disclosure materials made available by Seller pertaining to the condition and/or operation of the Property, including, without Limitation, all Contracts, Leases, and written evidence of Personal Property and Intangible Property, land use permits, studies, analyses and entitlements related to the Property (collectively, the "Property Documents"). 3.2 Inspection Period. Commencing on the Effective Date and continuing until 11:59 P.M., Pacific time on the date that is seventy-five (75) days after the Effective Date (hereinafter referred to as the "Inspection Period"), Purchaser shall have the right, at Purchaser's expense, to make physical inspections of the Property pursuant to Section 3.3 below. 3.3 Property Inspection Conditions. Upon reasonable prior notice to Seller, Purchaser shall have the right, at Purchaser's expense, to make physical inspections ofthe Property at times and at locations reasonably convenient to Purchaser in order to make the determination of suitability as provided in this Section 3.3, provided that such inspection activities do not unreasonably Page 5 of 18 Packet Pg. 264 8.1.a interfere with Seller's use of, or obligations relating to, the Property. In addition, Purchaser and Purchaser's representatives and authorized agents shall have the right, upon reasonable prior notice to Seller, to enter on the Property from the Effective Date to the Closing Date (defined below) or the earlier termination of this Agreement, to undertake inspections and investigations and make such tests, surveys and other studies of the Property as Purchaser deems appropriate, provided that such inspections, investigations or tests do not unreasonably interfere with Seller's use of, or obligations relating to, the Property. Purchaser's physical inspection and testing activities of the Property shall be conditioned upon the following: (a) Purchaser shall cooperate with and adhere to all reasonable requirements of Seller that affect the timing of all such activities; (b) Purchaser shall not conduct any drilling or other invasive testing on the Property without the prior written consent of Seller, not to be unreasonably withheld, conditioned or delayed; provided, however, that Purchaser may perform a Phase II Environmental Site Assessment; and (c) Seller shall provide Purchaser and Purchaser's representatives with reasonable access to the Property at reasonable business hours for such purposes; (d) prior to any entry upon the Property, Purchaser shall provide Seller with proof of commercial general liability insurance on an occurrence basis (CG 11-93 form including ISO 2010 11-85 or equivalent, if available) with limits not less than $1,000,000 per occurrence for bodily injury or property damage and $2,000,000 aggregate, and naming Seller as additional insured; (e) Purchaser shall bear the entire cost of all tests and studies performed by Purchaser or at Purchaser's direction; and (f) Purchaser agrees at its sole cost to restore the Property to substantially the condition it was in immediately prior to such inspections, including, but not limited to the immediate removal of anything placed on the Property in connection with such inspections (Sections 3.3(a)-(fl shall hereinafter be referred to as the "Property Inspection Conditions"). Seller shall permit and provide access for Purchaser, at Purchaser's sole cost and expense, to contact and have discussions with any contractors or consultants who have performed any work or inspections relating to the Property, and Seller shall permit Purchaser to contact and discuss development of the Property with the permitting jurisdiction and all relevant governmental agencies. For the avoidance of doubt, Purchaser shall pay all fees, costs and expenses of any contractors or consultants contacted by Purchaser as contemplated herein. Following Seller's written request, copies of any reports, letters or other written information, if any, generated as a result of such inspections shall be provided to Seller if the sale contemplated by this Agreement does not close for any reason. 3.4 Property Indemnity Conditions. Purchaser shall defend, indemnify and hold Seller and the Property harmless from any and all costs, expenses, claims, losses, liabilities and demands arising from the exercise of these rights referred to in this Section 3.4, except with respect to Property conditions that existed before Purchaser's exercise of these rights (but, with respect to any such pre-existing conditions, Purchaser's indemnification obligations shall include any liabilities and expenses arising out of the exacerbation of such conditions caused by Purchaser's activities). Notwithstanding anything to the contrary in this Agreement, Purchaser's liability under this Section 3.4 shall survive the termination of this Agreement. 3.5 Right of Termination. Seller agrees that in the event Purchaser determines (such determination to be made in Purchaser's sole discretion, and which may be made for any reason or no reason at all) that the Property is not suitable for Purchaser's purposes, then Purchaser shall have the right to terminate this Agreement prior to the expiration of the Inspection Period. If Purchaser fails to give a notice of approval of its review of the Property ("Approval Notice") to Page 6 of 18 Packet Pg. 265 8.1.a Seller within the Inspection Period, Purchaser shall be deemed to have elected to terminate this Agreement and the Earnest Money shall be returned to Purchaser. If Purchaser does deliver to Seller the Approval Notice prior to the expiration of the Inspection Period, the Earnest Money shall be non-refundable and applicable towards the Purchase Price, except as otherwise expressly provided herein and this Agreement shall continue in full force and effect. 3.6 Seller Disclosure Statement. The Property constitutes "improved residential property" as defined in RCW 64.06.005. Pursuant to RCW 64.06.020, Seller shall provide to Purchaser the seller disclosure statement required pursuant thereto, a sample form of which is attached hereto as Exhibit B (the "Disclosure Statement"). The Parties hereto acknowledge and agree that the Disclosure Statement shall be considered part of this Agreement. 3.7 Purchaser's Council Approval Contingency. Purchaser's performance under this Agreement is contingent on approval by resolution of the purchase of the Property by the Edmonds City Council ("Council Approval Contingency"). The Council Approval Contingency will be satisfied only if the Edmonds City Council (the "Council") adopts a resolution approving the purchase of the Property pursuant to the terms of this Agreement ("Resolution") no later than seventy-five (75) days after the Effective Date ("Council Approval Period"), a) If the Council does not adopt this Resolution within the Council Approval Period, this Agreement and all of the City's obligations hereunder shall be rendered null and void and the Earnest Money shall be returned to Purchaser. b) If the Council does adopt this Resolution prior to the expiration of the Council Approval Period, the Earnest Money shall be non-refundable and applicable towards the Purchase Price, except as otherwise expressly provided herein and this Agreement shall continue in full force and effect. CLOSING 4.1 Time and Place. a) The consummation of the transactions contemplated hereunder ("Closing") shall occur on a date mutually agreed upon by Seller and Purchaser, but not later than the date that is thirty (30) days after the date on which Purchaser delivers the Approval Notice pursuant to Section 3.5 and the Council Approval has been issued pursuant to Section 3_7 (the "Closing Date"). 4.2 Seller's Obligations at Closing. On or before the Closing Date, Seller shall: a) Deliver to Escrow Agent a duly executed Statutory Warranty Deed (the "Deed") in recordable form, conveying the Real Property to Purchaser, subject only to the Permitted Exceptions; Page 7 of 18 Packet Pg. 266 8.1.a b) Deliver to Escrow Agent such evidence as the Title Company may reasonably require as to the authority of the person or persons executing documents on behalf of Seller; c) Delivery to Escrow Agent an affidavit duly executed by Seller stating that Seller is not a "foreign person" as defined in the Federal Foreign Investment in Real Property Tax; d) Immediately after completion of the Closing, deliver to Purchaser possession and occupancy of the Property, subject only to the Permitted Exceptions; and e) Deliver to Purchaser and Escrow Agent such additional documents as shall be reasonably required to consummate the transaction contemplated by this Agreement, including a standard Title Company form of owner's affidavit, but Seller makes no representation that the Title Company will be able to issue extended coverage to Purchaser and the Closing is not contingent on Purchaser being able to obtain extended coverage. 4.3 Purchaser's Obligations at Closing. On or before the Closing Date, Purchaser shall: a) Pay to Escrow Agent the full amount of the Purchase Price as increased or decreased by prorations and adjustments as herein provided, less the Earnest Money, and less interest accrued thereon, by wire transfer of immediately available federal funds; b) Deliver to Escrow Agent and Seller such evidence as the Title Company may reasonably require as to the authority of the person or persons executing documents on behalf of Purchaser; and c) Deliver to Escrow Agent and Seller such additional documents as shall be reasonably required to consummate the transaction contemplated by this Agreement. 4.4 Credits and Prorations. Real estate property taxes shall be apportioned with respect to the Property as of 12:01 a.m., on the Closing Date, as if Purchaser were vested with title to the Property during the entire day upon which Closing occurs. Any taxes paid at or prior to Closing shall be prorated based upon the amounts actually paid. If taxes and assessments for the current year have not been paid before Closing, Seller shall be charged at Closing an amount equal to that portion of such taxes and assessments which relates to the period before Closing and Purchaser shall pay the taxes and assessments prior to their becoming delinquent. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at Closing, the parties shall make all necessary adjustments by appropriate payments between themselves within thirty (30) days following Closing when such final amounts are known. 4.5 Closing Costs. a) Seller shall pay: (i) the fees of any counsel representing Seller in connection with this transaction; (ii) one-half (%2) of any escrow fee which may be charged by the Escrow Agent or Title Company; (iii) the standard coverage portions of the Title Page 8 of 18 Packet Pg. 267 8.1.a Policy to be issued to Purchaser by the Title Company at Closing; and (iv) any real estate commissions owed by Seller pursuant to Section 8.1 below. b) Purchaser shall pay: (i) the fees of any counsel representing Purchaser in connection with this transaction; (ii) the extended coverage portion of the Title Policy to be issued to Purchaser by the Title Company at Closing as well as any additional endorsements issued by the Title Company; (iii) one-half (1/z) of any escrow fees charged by the Escrow Agent or Title Company; and (iv) the cost of any recording fees for recording the Deed. c) All other costs and expenses incident to this action and the Closing shall be apportioned by the parties equally in accordance with local custom. ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS AND INDEMNITIES 5.1 Representations and Warranties of Seller. Seller hereby makes the following representations and warranties to Purchaser as of the Effective Date and at Closing, except as otherwise disclosed to Purchaser in the Property Documents or discovered by Purchaser in connection with its inspections during the Inspection Period: a) Authority and Ownership. Seller has the full right and authority to enter into this Agreement, to transfer all of the Property to Purchaser, and to consummate, or cause to be consummated, the transactions contemplated herein. The person or persons signing this Agreement on behalf of Seller are authorized to do so. b) Pending Actions. To Seller's actual knowledge, there are no actions, suits, arbitrations, unsatisfied orders or judgments, or governmental investigations pending or threatened in writing against the Property, or the transaction contemplated by this Agreement, except as disclosed in writing to Purchaser. c) Leases. There are no parties other than Seller in possession of any portion of the Property or improvements thereon as lessees, licensees, tenants, claimants to any right of possession or ownership or trespassers. d) Property Documents. The documents to be delivered to Purchaser under this Agreement, including the Property Documents, are complete and correct copies of the same. Seller has no actual knowledge of any other documents, correspondence, or other materials that could have a material impact on the Property except for the Property Documents. e) Outstanding Agreements. There are no outstanding agreements of sale, options or any other rights of third parties to acquire or use the Property or to any interest therein, except for the Permitted Exceptions. There are no contracts applicable to the Property that will survive Closing. f) Hazardous Materials. To Seller's actual knowledge, there are no, and have been no, releases of Hazardous Substances on or about the Property. To Seller's actual Page 9 of 18 Packet Pg. 268 8.1.a knowledge, there are no pending proceedings or inquiries by any governmental body with respect to the Property. For purposes of this Agreement, "Hazardous Substances" shall refer to the definition provided under the Model Toxics Control Act, Chapter 70.105D RCW and Chapter 173-340 WAC, as amended or revised after the Effective Date. g) Mechanic's Liens. There are no contractors, subcontractors, materials suppliers, or any other third parties that are unpaid, that have provided Seller with notice of a claim of lien, or that otherwise have any other rights to impose, enforce, file, record, or foreclose a lien against the Real Property pursuant to RCW 60.04 or otherwise. 5.2 Representations and Warranties of Purchaser. Purchaser hereby represents and warrants to Seller that Purchaser has the full right, power and authority to purchase the Property as provided in this Agreement, subject to Section 3.7 above, and to carry out Purchaser's obligations hereunder, and all requisite actions necessary to authorize Purchaser to enter into this Agreement and to carry out its obligations hereunder have been, or by Closing will have been taken, and Purchaser has the financial capability to consummate the Closing. The person signing this Agreement on behalf of Purchaser is authorized to do so, subject to Section 3.7 above. 5.3 Indemnification by Seller. Seller agrees to indemnify, defend and hold Purchaser, its successors and assigns, members, managers, shareholders, officers, directors and/or employees of each of them, harmless for, from and against any and all claims, demands, liabilities, costs, expenses, damages and losses, cause or causes of action and suit or suits of any nature whatsoever, including, without limitation, attorneys' fees, arising from any misrepresentation or breach of any warranty or covenant by Seller in this Agreement. 5.4 Survival. The provisions of this Section 5 shall survive Closing and the delivery of the Deed for twelve (12) months. ARTICLE VI CONDEMNATION 6.1 Purchaser's Elections. In the event condemnation proceedings are commenced against all of the Property or any material portion thereof (and for this purpose, "material" is defined as a proposed condemnation which would reasonably be expected to be valued at more than Fifty Thousand and No/100 Dollars ($50,000.00)) or would have a material adverse impact on Purchaser's intended development or use of the Property as communicated by Purchaser or Purchaser's Broker (as defined below) to Seller on or before the Effective Date hereof, Purchaser may elect, on notice to Seller within fifteen (15) days after receipt of notice of the commencement of such proceedings either: (i) to terminate this Agreement in which case the Earnest Money shall be returned to Purchaser by the Escrow Agent, and neither party hereto shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of Agreement; or (ii) to proceed to Closing in which case Seller shall at Closing assign to Purchaser all of Seller's right, title and interest to any claims and proceeds Seller may have with respect to any condemnation awards relating thereto, less any costs and Page 10 of 18 Packet Pg. 269 8.1.a expenses reasonably incurred by Seller from the date of the commencement of such condemnation through the date of Closing relating to such condemnation. If Purchaser does not make such an election within fifteen (15) days after the commencement of condemnation proceedings, Purchaser shall be deemed to have elected to proceed under clause (ii) above. ARTICLE VII DEFAULT 7.1 Liquidated Damages. IF THE CLOSING IS NOT CONSUMMATED DUE TO ANY DEFAULT BY PURCHASER HEREUNDER, AND PURCHASER FAILS TO CURE SUCH DEFAULT WITHIN FIVE (5) BUSINESS DAYS AFTER PURCHASER'S RECEIPT OF WRITTEN NOTICE FROM SELLER SPECIFYING SUCH BREACH (PROVIDED, HOWEVER, THAT THE FOREGOING NOTICE AND CURE RIGHTS SHALL NOT APPLY TO PURCHASER'S FAILURE TO CLOSE ON THE CLOSING DATE), THEN SELLER, AS ITS SOLE REMEDY, SHALL RETAIN THE EARNEST MONEY AND EXTENSION OPTION FEES (IF ANY) AS LIQUIDATED DAMAGES, WHICH RETENTION SHALL OPERATE TO TERMINATE THIS AGREEMENT AND RELEASE PURCHASER FROM ANY AND ALL LIABILITY HEREUNDER, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. THE PARTIES HAVE AGREED THAT SELLER'S ACTUAL DAMAGES, IN THE EVENT OF A FAILURE TO CONSUMMATE THIS SALE DUE TO PURCHASER'S DEFAULT, WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. AFTER NEGOTIATION, THE PARTIES HAVE AGREED THAT, CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, THE AMOUNT OF THE EARNEST MONEY AND EXTENSION OPTION FEES IS A REASONABLE ESTIMATE OF THE DAMAGES THAT SELLER WOULD INCUR IN SUCH EVENT. EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY WAS REPRESENTED BY COUNSEL WHO EXPLAINED, AT THE TIME THIS AGREEMENT WAS MADE, THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. THE FOREGOING IS NOT INTENDED TO LIMIT PURCHASER'S SURVIVING OBLIGATIONS, INCLUDING BUT NOT LIMITED TO ITS INDEMNIFICATION OBLIGATIONS, UNDER THIS AGREEMENT. 7.2 Seller Default. In the event of a Seller Default, Purchaser shall provide Seller with written notice of such default and Seller shall have five (5) business days after Seller's receipt from Purchaser of such written notice to cure such default, or if such default cannot be cured in such period, to commence the cure during such period and thereafter diligently complete such cure. If after such notice, the Closing fails to occur due to such Seller Default, Purchaser may elect to either: (i) terminate this Agreement and receive the return of the Earnest Money and any Extension Option Fees paid to Seller; or (ii) commence an action against Seller for specific performance of its obligations under this Agreement. Any such action for specific performance must be commenced within sixty (60) days after the then scheduled Closing Date. In no event shall Seller be liable to Purchaser for any lost profits or other consequential or special damages. If Purchaser elects to terminate this Agreement: (a) Page 11 of 18 Packet Pg. 270 8.1.a this Agreement shall not be terminated automatically, but only upon delivery to Escrow Agent and Seller of written notice of termination from Purchaser; and (b) Escrow Agent shall return all sums (including the Earnest Money and all interest earned thereon while held in escrow) deposited by Purchaser. As used in this Agreement, a "Seller Default" shall mean: (i) the failure by the Seller to deliver the Deed; (ii) the failure by the Seller to discharge, satisfy, release or terminate the matters of record Seller is required to remove from title as set forth herein above; (iii) any material breach of representation, warranty or covenant of Seller hereunder; or (iv) the failure by the Seller to perform any of Seller's other obligations under this Agreement. ARTICLE VIII BROKERS 8.1 Brokers. Purchaser represents to Seller that Purchaser has not engaged a Purchaser's Broker in connection with this transaction, and that if Purchaser does engage a Purchaser's Broker, Purchaser is obligated to pay a real estate brokerage commission to Purchaser's Broker pursuant to a separate agreement. Seller represents to Purchaser that Seller has not engaged a Seller's Broker in connection with this transaction, and that if Seller does engage a Seller's Broker, Seller is obligated to pay a real estate brokerage commission to Seller's Broker pursuant to a separate agreement. Each parry shall indemnify, defend and hold the other harmless with respect to claims for real estate brokerage commissions or finder's fee for which such parry is allegedly obligated. Without limiting the generality of the foregoing, Purchaser shall indemnify, defend and hold Seller harmless with respect to any claims by Purchaser's Broker for real estate brokerage commissions or finder's fees, and Seller shall indemnify, defend and hold Purchaser harmless with respect to any claims by Seller's Broker for real estate brokerage commissions or finder's fees. The provisions of this Section 8_1 shall survive Closing. ARTICLE IX AS -IS PURCHASE AND SALE 9.1 At or before the end of the Inspection Period, Purchaser will have approved the physical and environmental characteristics and condition of the Property, as well as the economic characteristics of the Property. Purchaser hereby waives any and all defects in the physical, environmental and economic characteristics and condition of the Property which would be disclosed by such inspection. Purchaser further acknowledges that neither Seller nor any other person or entity acting on behalf of Seller, except as otherwise expressly provided in Section 5.1, have made any representations, warranties or agreements (express or implied) by or on behalf of Seller as to any matters concerning the Property, the economic results to be obtained or predicted, or the present use thereof or the suitability for Purchaser's intended use of the Property, including, without limitation, the following: the size or acreage of the Property; the suitability of the topography; the availability of water rights or utilities; the present and future zoning, subdivision and any and all other land use matters; the condition of the soil, subsoil, or groundwater; the purpose(s) to which the Property is suited; drainage; flooding; Page 12 of 18 Packet Pg. 271 8.1.a access to public roads; or proposed routes of roads or extensions thereof. Purchaser acknowledges and agrees that the Property is to be purchased, conveyed and accepted by Purchaser in its present condition, "AS -IS" and that no patent or latent defect in the physical or environmental condition of the Property whether or not known or discovered, shall affect the rights of either parry hereto. Any documents furnished to Purchaser by Seller relating to the Property including, without limitation, service agreements, management contracts, maps, surveys, reports and other information shall be deemed furnished as a courtesy to Purchaser but without warranty from Seller. All work done in connection with preparing the Property for the uses intended by Purchaser including any and all fees, studies, reports, approvals, plans, surveys, permits, and any expenses whatsoever necessary or desirable in connection with Purchaser's acquiring, developing, using and/or operating the Property shall be obtained and paid for by, and shall be the sole responsibility of, Purchaser. Purchaser has investigated and has knowledge of operative or proposed governmental laws and regulations including land use laws and regulations to which the Property may be subject and shall acquire the Property upon the basis of its review and determination of the applicability and effect of such laws and regulations. Purchaser has neither received nor relied upon any representations concerning such laws and regulations from Seller. Except for claims of fraud or willful misrepresentation on the part of Seller, and except for those representations and warranties expressly set forth herein, Purchaser, on behalf of itself and its employees, agents, successors and permitted assigns, attorneys and other representatives, and each of them, hereby releases Seller from and against any and all claims, demands, causes of action, obligations, damages and liabilities of any nature whatsoever, whether alleged under any statute, common law or otherwise, directly or indirectly, arising out of or related to the condition, operation or economic performance of the Property. ARTICLE X MISCELLANEOUS 10.1 Public Disclosure. Prior to Closing, any release to any third parry, except for the Escrow Agent, the Title Company, the permitting jurisdiction and all relevant governmental agencies, or Seller's or Purchaser's attorneys, accountants, engineers and confidential advisors, of information with respect to the sale contemplated herein or any matters set forth in this Agreement, will be made only in the form approved by Purchaser and Seller and their respective counsel; provided, however, that Seller acknowledges that Purchaser is a public entity, that Purchaser will have already held public hearings concerning this transaction, and that Purchaser may be required to disclose or otherwise release information about this Agreement and this transaction pursuant to applicable public disclosure or other laws in the State of Washington. 10.2 Notices. Any notice pursuant to this Agreement shall be given in writing by: (i) personal delivery; (ii) nationally recognized overnight delivery service with proof of delivery; or (iii) legible facsimile transmission sent to the intended addressee at the address set forth below and receipt confirmed by telephone, or to such other address or to the attention of such other person as the addressee shall have designated by written notice sent in accordance herewith, and shall be deemed to have been given either at the time of delivery or, in the case of facsimile transmission, as of the date of the facsimile transmission (or, if such date is not a business day, then on the next business day) provided that an original of such facsimile is also sent to the Page 13 of 18 Packet Pg. 272 8.1.a intended addressee by means described in clauses (i) or (ii) above. In addition, notice may be given by email at the email address set forth hereinbelow for the parry to whom notice is given, and such notice shall be deemed given and served upon transmission so long as such notice is also given by no later than the following business day via a method provided for in (i) through (iii) above. Unless changed in accordance with the preceding sentence, the addresses for notice given pursuant to this Agreement shall be: If to Purchaser: Robert English, City Engineer City Hall 121 Fifth Avenue N Edmonds, WA 98020 Robert.En2lish(&edmondswa. gov (425) 771-0220 With a copy to: Sharon Cates, City Attorney's Office Sharon(cr�,li ghthous elawgroup. com If to Seller: Jnati Investment, LLC 18354 3rd Avenue NE Shoreline, WA 98155 punya.tip@gmail.com (425) 260-4464 With a copy to: Jampen Teeranooti Moitee@hotmail.com 10.3 Binding Effect. This Agreement shall not be binding in any way upon Seller and Purchaser unless and until Seller and Purchaser shall execute and deliver this Agreement. The binding effect upon Purchaser is subject to Section 3.7 above. 10.4 Modifications. This Agreement cannot be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge it in whole or in part unless such executory agreement is in writing and is signed by the parties against whom enforcement of any waiver, change, modification or discharge is sought. 10.5 Business Days. References to "business days" herein shall mean any day except Saturday, Sunday or day on which commercial banks located in Seattle, Washington, are authorized or required by law to be closed for business. If the Closing Date or the day for performance of any act required under this Agreement falls on a day which is not a business day, then the Closing Date or the day for such performance, as the case may be, shall be the next following regular business day. The final day of any such period shall be deemed to end at 5:00 p.m. Pacific time unless otherwise specifically stated. Page 14 of 18 Packet Pg. 273 8.1.a 10.6 Successors and Assigns. The terms and provisions of this Agreement are to apply to and bind the permitted successors and assigns of the parties hereto. 10.7 Entire Agreement. This Agreement, including the exhibits and documents to be delivered at Closing, contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior written or oral agreements and understandings between the parties pertaining to such subject matter. 10.8 Further Assurances. Each party agrees that it will, without further consideration, execute and deliver such other documents and take such other action, whether prior or subsequent to Closing, as may be reasonably requested by the other party to consummate more effectively the purposes or subject matter of this Agreement. Without limiting the generality of the foregoing, Purchaser shall, if requested by Seller, execute acknowledgments of receipt with respect to any materials delivered by Seller to Purchaser with respect to the Property. The provisions of this Section 10.8 shall survive the Closing. 10.9 Counterparts. This Agreement may be executed in counterparts and all such executed counterparts shall constitute the same agreement. It shall be necessary to account for only one such counterpart in proving this Agreement. Fax copies of signatures shall be treated for all purposes as original signatures. 10.10 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect. 10.11 Applicable Law. This Agreement is performable in the state in which the Property is located and shall in all respects be governed by and construed in accordance with the substantive federal laws of the United States and the laws of the State of Washington. Seller and Purchaser hereby irrevocably submit to the jurisdiction of any state or federal court sitting in the state in which the Property is located in any action or proceeding arising out of or relating to this Agreement and hereby irrevocably agree that all claims in respect of such action or proceeding shall be heard and determined in a state or federal court sitting in the state in which the Property is located. Purchaser and Seller agree that the provisions of this Section 10.11 shall survive Closing. 10.12 No Third Party Beneficiary. The provisions of this Agreement and of the documents to be executed and delivered at Closing are and will be for the benefit of Seller and Purchaser only and are not for the benefit of any third party, and accordingly, no third party shall have the right to enforce the provisions of this Agreement or the documents to be executed and delivered at Closing. 10.13 Survival. The terms of this Agreement shall survive the Closing, or any termination of this Agreement prior thereto, and shall not be merged into the execution and delivery of the Deed; provided, however, that the representations and warranties of Seller and Purchaser in Article 5 shall survive the Closing for a period of twelve (12) months. Page 15 of 18 Packet Pg. 274 8.1.a 10.14 Attorneys' Fees. In the event any dispute between Purchaser and Seller should result in litigation, arbitration or mediation, the substantially prevailing party shall be reimbursed for all reasonable costs incurred in connection with such action, including, without limitation, reasonable attorneys' fees. 10.15 Time is of the Essence. Time is of the essence in this Agreement and each of its provisions. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date. PURCHASER: City of Edmonds, a municipal corporation of the State of Washington Mike Rosen, Mayor ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney SELLER: Jnati Investment, LLC Punya Tipyasothi, Managing Member Page 16 of 18 Packet Pg. 275 8.1.a STATE OF WASHINGTON ss COUNTY OF SNOHOMISH On this day of 2024, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Mike Rosen, to me known to be the Mayor of the City of Edmonds, the Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for said state, residing at My commission expires: Print Name: STATE OF WASHINGTON ss COUNTY OF SNOHOMISH On this day of 2024, I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument on behalf of Jnati Investment, LLC, referenced herein, and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for said state, residing at My commission expires: Print Name: Page 17 of 18 Packet Pg. 276 8.1.a EXHIBIT LIST EXHIBIT A Legal Description EXHIBIT B Sample Disclosure Statement Page 18 of 18 Packet Pg. 277 8.1.a EXHIBIT A Legal Description For APN/Parcel ID(s): 004888-007-027-00 LOT 27, BLOCK 7, LAKE BALLINGER LAND CO'S PLAT SUBDIVISION NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGES 57 AND 58, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; EXCEPT PORTION DEEDED TO SNOHOMISH COUNTY FOR ROAD RECORDED UNDER RECORDING NO. 583296. TOGETHER WITH SHORELANDS OF SECOND CLASS ABUTTING AND ADJACENT TO SAID PREMISES. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. Packet Pg. 278 8.1.a Form 17 SELLER DISCLOSURE STATEMENT ©Copyright 2021 Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service Rev. 8/21 ALL RIGHTS RESERVED Page 1 of 6 SELLER: 1 Seller Seller To be used in transfers of improved residential real property, including residential dwellings up to four units, new construction, 2 dwellings in a residential common interest community not subject to a public offering statement, condominiums not subject to a public 3 offering statement, certain timeshares, and manufactured and mobile homes. See RCW Chapter 64.06 for further information. 4 INSTRUCTIONS TO THE SELLER 5 Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property check 6 "NA." If the answer is "yes" to any asterisked (*) item(s), please explain on attached sheets. Please refer to the line number(s) of 7 the question(s) when you provide your explanation(s). For your protection you must date and initial each page of this disclosure 8 statement and each attachment. Delivery of the disclosure statement must occur not later than five (5) business days, unless 9 otherwise agreed, after mutual acceptance of a written purchase and sale agreement between Buyer and Seller. 10 NOTICE TO THE BUYER 11 THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT 12 CITY 1 13 STATE , ZIP COUNTY ("THE PROPERTY") OR AS 14 LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A. 15 SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED 16 ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SEi;LER, COMPLETES THIS DISCLOSURE 17 STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITIN43 YOU HAVE THREE (3) BUSINESS DAYS FROM 18 THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATwENTTCTYOUIO RESCIND THE AGREEMENT 19 BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLiR OR SELLER'S AGENT. IF THE 20 SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND 21 PRIOR TO OR AFTER THE TIME YOU ENTER INTO A PURCHASE AND SALE AGREEMNT. 22 THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE 23 LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF 24 ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER,, 25 FOR A MORE COMPREHENSIVE EXAMINATION OF THEE SPECIFIC CONDITON OF THIS PROPERTY YOU ARE ADVISED 26 TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFJQ) EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, 27 WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, 28 BUILDING INSPECTORS, ON -SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. 29 THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE 30 PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY 31 ADVICE, INSPECTION, DEFECTS OR WARRANTIES. 32 Seller ❑ is / ❑ is not occupying the Property. 33 I. SELLER'S DISCLOSURES: 34 *If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if available and not 35 otherwise publicly recorded. If necessary, use an attached sheet. 36 YES NO DON'T NIA 37 1. TITLE KNOW 38 A. Do you have legal authority to sell the property? If no, please explain . ........................................... ❑ ❑ ❑ ❑ 39 *B. Is title to the property subject to any of the following? 40 (1) First right of refusal..................................................................................................................❑ ❑ ❑ ❑ 41 (2) Option.......................................................................................................................................Q ❑ ❑ ❑ 42 (3) Lease or rental agreement....................................................................................................... ❑ 0 0 ❑ 43 (4) Life estate?...............................................................................................................................❑ ❑ ❑ O 44 *C. Are there any encroachments, boundary agreements, or boundary disputes? ................................❑ ❑ ❑ 0 45 *D. Is there a private road or easement agreement for access to the property? ....................................❑ ❑ ❑ ❑ 46 *E. Are there any rights -of -way, easements, or access limitations that may affect the Buyer's use of 47 theproperty?...................................................................................................................................❑ ❑ O 0 48 *F. Are there any written agreements for joint maintenance of an easement or right-of-way?...............0 ❑ O ❑ 49 *G. Is there any study, survey project, or notice that would adversely affect the property? ...................❑ O ❑ ❑ 50 *H. Are there any pending or existing assessments against the property? ............................................❑ ❑ O ❑ 51 *I. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the 52 property that would affect future construction or remodeling?.........................................................0 ❑ O ❑ 53 SELLER'S INITIALS Date SELLER'S INITIALS Date Packet Pg. 279 8.1.a Form 17 SELLER DISCLOSURE STATEMENT ©Copyright 2021 Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service Rev. 8/21 ALL RIGHTS RESERVED Page 2 of 6 (Continued) YES NO DON'T WA 54 KNOW 55 *J. Is there a boundary survey for the property?................................................................................... ❑ ❑ ❑ ❑ 56 *K. Are there any covenants, conditions, or restrictions recorded against the property? ......................❑ ❑ 0 ❑ 57 NOTICE TO BUYER: Covenants or deed restrictions based on race, creed, sexual orientation, 58 or other protected class were voided by RCW 49.60.224 and are unenforceable. Washington 59 law allows for the illegal language to be struck by bringing an action in superior court or by the 60 free recording of a restrictive covenant modification document. Many county auditor websites 61 provide a short form with instructions on this process. 62 2. WATER 63 A. Household Water 64 (1) The source of water for the property is: ❑ Private or publicly owned water system 65 ❑ Private well serving only the subject property *0 Other water system 66 *If shared, are there any written agreements?.........................................................................❑ ❑ ❑ ❑ 67 *(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the 68 watersource?...........................................................................................................................13 ❑ ❑ ❑ 69 *(3) Are there any problems or repairs needed? ............................................... ❑ ❑ ❑ 0 70 (4) During your ownership, has the source provided an adequate year- r d sup of I ter? ..❑ ❑ ❑ ❑ 71 If no, please explain: 72 *(5) Are there any water treatment systems for the property? .................... ...... .................0 ❑ ❑ O 73 If yes, are they: ❑ Leased ❑ Owned 74 *(6) Are there any water rights for the property associated wit omes ter supply, such 75 as a water right permit, certificate, or claim? ......................... ......................................... ❑ ❑ ❑ 0 76 (a) If yes, has the water right permit, certificate, or cla' s' sferred, or changed? 0 ❑ ❑ ❑ 77 *(b) If yes, has all or any portion of the water right n us fi re successive years? ❑ ❑ ❑ ❑ 78 *(7) Are there any defects in the operation of the er s m (e. . pipes, tank, pump, etc.)? ......❑ ❑ ❑ ❑ 79 B. Irrigation Water 80 (1) Are there any irrigation water rights t uch as a water right permit, 81 certificate, or claim? ....... ......... ... .......................................................................❑ ❑ ❑ ❑ 82 *(a) If yes, has all or o n of the ter ht not been used for five or more 83 successive year .......... ...............................................................................❑ ❑ ❑ ❑ 84 *(b) If so, is the certi able. f yes, please attach a copy.) ........................................❑ ❑ ❑ ❑ 85 *(c) If so, has the water right permit, ficate, or claim been assigned, transferred, or changed? ... ❑ ❑ ❑ ❑ 86 *(2) Does the property receive irri ter from a ditch company, irrigation district, or other entity? ..... ❑ ❑ ❑ ❑ 87 If so, please identify the entity that supplies water to the property: 88 89 C. Outdoor Sprinkler System 90 (1) Is there an outdoor sprinkler system for the property?.............................................................0 ❑ ❑ ❑ 91 *(2) If yes, are there any defects in the system?.............................................................................❑ ❑ ❑ ❑ 92 *(3) If yes, is the sprinkler system connected to irrigation water?......................................................... ❑ ❑ ❑ ❑ 93 3. SEWER/ON-SITE SEWAGE SYSTEM 94 A. The property is served by: 95 ❑ Public sewer system ❑ On -site sewage system (including pipes, tanks, drainfields, and all other component parts) 96 ❑ Other disposal system 97 Please describe: 98 B. If public sewer system service is available to the property, is the house connected to thesewer main?......................................................................................................... If no, please explain: 99 .........❑ ❑ ❑ ❑ 100 101 SELLER'S INITIALS Date SELLER'S INITIALS Date Packet Pg. 280 8.1.a Form 17 SELLER DISCLOSURE STATEMENT ©Copyright 2021 Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service Rev. 8/21 ALL RIGHTS RESERVED Page 3 of 6 (Continued) YES NO DONTT NIA 102 *C. Is the property subject to any sewage system fees or charges in addition to those covered KNOW 103 in your regularly billed sewer or on -site sewage system maintenance service? .... ........................... D D 0 ❑ 104 D. If the property is connected to an on -site sewage system: 105 *(1) Was a permit issued for its construction, and was it approved by the local health 106 department or district following its construction?.......................................................................❑ 0 ❑ D 1o7 (2) When was it last pumped? 108 *(3) Are there any defects in the operation of the on -site sewage system? .....................................❑ ❑ D ❑ 109 (4) When was it last inspected? D ❑ 110 By whom: 111 (5) For how many bedrooms was the on -site sewage system approved? bedrooms ❑ ❑ 112 E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-site 113 sewagesystem?..............................................................................................................................❑ D ❑ ❑ 114 If no, please explain: 115 *F. Have there been any changes or repairs to the on -site sewage system? ............ ...................❑ D ❑ ❑ 116 G. Is the on -site sewage system, including the drainfield, located entirely within 117 boundaries of the property?................................................................ ....... .... ..........D El ❑ ❑ 118 If no, please explain: 119 *H. Does the on -site sewage system require monitoring and maintenance frequently thanonce a year?.............................................................................. D ❑ ❑ ❑ 120 121 NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOS E ING MPLETED FOR NEW CONSTRUCTION 122 WHICH HAS NEVER BEEN OCCUPIED, SELLER IS NOT RE T LETE THE QUESTIONS LISTED IN ITEM 4 123 STRUCTURAL OR ITEM 5 SYSTEMS AND FIXTURES) 124 4. STRUCTURAL *A. Has the roof leaked within the last 5 years?......... ........... ............................................ *B. Has the basement flooded or leaked? .... ...... ...................................................... *C. Have there been any conversions, addi s li ?................................................ *(1) If yes, were all building obt ..... .............................................................. *(2) If yes, were all final i ctions i................................................................ D. Do you know the age of t............................................................................ If yes, year of original const ion: *E. Has there been any settling, sli sliding of the property or its improvements? ......... *F. Are there any defects with the following: (If yes, please check applicable items and explain) ❑ Foundations ❑ Decks ❑ Exterior Walls ❑ Chimneys ❑ Interior Walls ❑ Fire Alarms ❑ Doors ❑ Windows D Patio ❑ Ceilings ❑ Slab Floors ❑ Driveways ❑ Pools ❑ Hot Tub ❑ Sauna ❑ Sidewalks ❑ Outbuildings ❑ Fireplaces ❑ Garage Floors ❑ Walkways ❑ Siding ❑ Wood Stoves ❑ Elevators ❑ Incline Elevators ❑ Stairway Chair Lifts ❑ Wheelchair Lifts D Other ....... ❑ ❑ ❑ ❑ ....... ❑ ❑ ❑ D .......❑ ❑ ❑ ❑ ....... ❑ ❑ ❑ ❑ ....... ❑ ❑ ❑ ❑ ....... ❑ ❑ ❑ ❑ ....... ❑ ❑ D ❑ ....... ❑ ❑ ❑ ❑ 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 *G. Was a structural pest or "whole house" inspection done? .................... ............................................ ❑ ❑ ❑ D 144 If yes, when and by whom was the inspection completed? 145 146 H. During your ownership, has the property had any wood destroying organism or pest infestation?.......... ❑ ❑ ❑ ❑ 147 I. Is the attic insulated?........................................................................................................................❑ ❑ ❑ O 148 J. Is the basement insulated?..............................................................................................................❑ ❑ ❑ ❑ 149 SELLER'S INITIALS Date SELLER'S INITIALS Date Packet Pg. 281 8.1.a Form 17 SELLER DISCLOSURE STATEMENT OCopyright 2021 Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service Rev. 8/21 ALL RIGHTS RESERVED Page 4 of 6 (Continued) YES NO DON'T WA 5. SYSTEMS AND FIXTURES KNOW *A. If any of the following systems or fixtures are included with the transfer, are there any defects? If yes, please explain: Electrical system, including wiring, switches, outlets, and service ............................................❑ Plumbing system, including pipes, faucets, fixtures, and toilets................................................0 Hotwater tank........................................................................................................................... ❑ Garbagedisposal......................................................................................................................❑ Appliances................................................................................................................................. ❑ Sumppump...............................................................................................................................❑ Heating and cooling systems....................................................................................................0 Security system: ❑ Owned ❑ Leased....................................................................................❑ Other I ........... O *B. If any of the following fixtures or property is included with the transfer, are they leased? (If yes, please attach copy of lease.) Security System: ❑ Tanks (type): ❑ Satellite dish: ❑ Other: O ..................... *C. Are any of the following kinds of wood burning appliances present at the prop (1) Woodstove?................................................................................. .......... ...... ❑ (2) Fireplace insert?........................................................................... ...... ...........❑ (3) Pellet stove?..................................................................................... ..... ............ ❑ (4) Fireplace?............................................................................................. ................... ❑ If yes, are all of the (1) woodstoves or (2) fireplace inserts certified byt$: En nmental Protection Agency as clean burning appliances to improve air quality and public health? ..................... ❑ D. Is the property located within a city, county, or district or within a department of natural resources fire protection zone that provides fire protectioasel;Vices*..,.........................................❑ E. Is the property equipped with carbon monoxide alarms? (Dote: Pu(Auant tQ RCW 19.27.530, Seller must equip the residence with carbon monoxide alarrp82irequired *the 4* building code.) ....... .... ❑ F. Is the property equipped with smoke detection devices?..s;:s.........................................................❑ (Note: Pursuant to RCW 43.44.110, if the property Is not equipped with at least one smoke detection device, at least one must be provided by the seller.) G. Does the property currently have internet servipe?.......................................................................... ❑ Provider: l 6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS A. Is there a Homeowners' Association?.......................................................................................... Name of Association and contact information for an officer, director, employee, or other authorized agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy, and other information that is not publicly available: B. Are there regular periodic assessments?..................................................................................... $ per ❑ month ❑ year ❑ Other: *C. Are there any pending special assessments?.............................................................. *D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co -owned in undivided interest with others)?................................................................ ❑ ❑ ❑ ❑ ❑ O ❑ 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 0 ❑ 0 ❑ 0 O O ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 ❑ ❑ ❑ 183 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 7. ENVIRONMENTAL *A. Have there been any flooding, standing water, or drainage problems on the property that affect the property or access to the property?...........................................................................❑ *B. Does any part of the property contain fill dirt, waste, or other fill material? .......................................❑ *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides?....................................................................................0 D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? ..........................0 *E. Are there any substances, materials, or products in or on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead -based paint, fuel or chemical storage tanks, or contaminated soil or water?..................................................................................❑ *F. Has the property been used for commercial or industrial purposes? ................................................❑ SELLER'S INITIALS Date SELLER'S INITIALS Date 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 ❑ ❑ ❑ 199 ❑ ❑ ❑ 200 201 0 0 ❑ 202 ❑ O 0 203 204 205 ❑ 0 O 206 0 ❑ ❑ 207 Packet Pg. 282 8.1.a Form 17 SELLER DISCLOSURE STATEMENT ©Copyright 2019 Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service Rev. 8/21 ALL RIGHTS RESERVED Page 5 of 6 (Continued) YES NO DON'T WA 208 KNOW 209 *G. Is there any soil or groundwater contamination?..............................................................................❑ ❑ ❑ ❑ 210 *H. Are there transmission poles or other electrical utility equipment installed, maintained, or 211 buried on the property that do not provide utility service to the structures on the property? .............❑ ❑ ❑ ❑ 212 "I. Has the property been used as a legal or illegal dumping site? ...................................................... El ❑ ❑ ❑ 213 *J. Has the property been used as an illegal drug manufacturing site? ................................................ ❑ ❑ ❑ ❑ 214 *K. Are there any radio towers in the area that cause interference with cellular telephone reception?.......... ❑ ❑ ❑ ❑ 215 8. LEAD BASED PAINT (Applicable if the house was built before 1978).................................................... ❑ 216 A. Presence of lead -based paint and/or lead -based paint hazards (check one below): 217 ❑ Known lead -based paint and/or lead -based paint hazards are present in the housing 218 (explain). 219 ❑ Seller has no knowledge of lead -based paint and/or lead -based paint hazards in the housing. 220 B. Records and reports available to the Seller (check one below): 221 ❑ Seller has provided the purchaser with all available records and reports pertaining to 222 lead -based paint and/or lead -based paint hazards in the housing (list docu below). 223 224 ❑ Seller has no reports or records pertaining to lead -based paint and/ - aint ards in the housing. 225 9. MANUFACTURED AND MOBILE HOMES 226 If the property includes a manufactured or mobile home, 227 'A. Did you make any alterations to the home? .............................. ...................... I ................... ❑ ❑ ❑ ❑ 228 If yes, please describe the alterations: 229 *B. Did any previous owner make any alterations to the h ? .... ❑ ❑ ❑ ❑ 230 *C. If alterations were made, were permits or variance a all ons fined? ......................❑ ❑ ❑ ❑ 231 10. FULL DISCLOSURE BY SELLERS A. Other conditions or defects: 'Are there any other existing material < buyer should know about?rth*he .... B. Verification The foregoing answers a Seller has received a coI against any and all claimsov copy of this disclosure statement1j.9" Seller 232 233 Z ng property that a prospective 234 .................................................................... ❑ ❑ ❑ ❑ 235 236 (if any) are complete and correct to the best of Seller's knowledge and 237 Irees to defend, indemnify and hold real estate licensees harmless from and 238 rmation is inaccurate. Seller authorizes real estate licensees, if any, to deliver a 239 estate licensees and all prospective buyers of the property. 240 Date Seller Date 241 If the answer is "Yes" to any asterisked (") items, please explain below (use additional sheets if necessary). Please refer to the line 242 number(s) of the question(s). 243 244 245 246 247 248 249 250 251 252 253 254 255 256 Packet Pg. 283 8.1.a Form 17 SELLER DISCLOSURE STATEMENT ©Copyright 2021 Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service Rev. 8/21 ALL RIGHTS RESERVED Page 6 of 6 (Continued) II. NOTICES TO THE BUYER 257 1. SEX OFFENDER REGISTRATION 258 INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT 259 AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT 260 AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. 261 2. PROXIMITY TO FARMING/WORKING FOREST 262 THIS NOTICE IS TO INFORM YOU THAT THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE MAY LIE IN 263 CLOSE PROXIMITY TO A FARM OR WORKING FOREST. THE OPERATION OF A FARM OR WORKING FOREST 264 INVOLVES USUAL AND CUSTOMARY AGRICULTURAL PRACTICES OR FOREST PRACTICES, WHICH ARE PROTECTED 265 UNDER RCW 7.48.305, THE WASHINGTON RIGHT TO FARM ACT. 266 3. OIL TANK INSURANCE 267 THIS NOTICE IS TO INFORM YOU THAT IF THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE UTILIZES 268 AN OIL TANK FOR HEATING PURPOSES, NO COST INSURANCE MAY BE AVAILABLE FROM THE POLLUTION LIABILITY 269 INSURANCE AGENCY. 270 III. BUYER'S ACKNOWLEDGEMENT 271 BUYER HEREBY ACKNOWLEDGES THAT: 272 A. Buyer has a duty to pay diligent attention to any material defects that are kn o er or can be known to Buyer by 273 utilizing diligent attention and observation. 274 B. The disclosures set forth in this statement and in any amendments t s ent made only by the Seller and 275 not by any real estate licensee or other party. 276 C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real e s re not liable for inaccurate information 277 provided by Seller, except to the extent that real estate license now o416 ch ccurate information. 278 D. This information is for disclosure only and is not intended to be a p the w n agreement between the Buyer and Seller. 279 E. Buyer (which term includes all persons signing the "Buy pt rtion of this disclosure statement below) has 280 received a copy of this Disclosure Statement (includi ach s, i bearing Seller's signature(s). 281 F. If the house was built prior to 1978, Buyer acknowleg r of the mph Protect Your Family From Lead in Your Home. 282 DISCLOSURES CONTAINED IN THIS DISCLOSUREWTEMEW ARE PROVIDED BY SELLER BASED ON SELLER'S 283 ACTUAL KNOWLEDGE OF THE PROPERTY E SELLER COMPLETES THIS DISCLOSURE. UNLESS BUYER 284 AND SELLER OTHERWISE AGREE IN NG E HALL HAVE THREE (3) BUSINESS DAYS FROM THE DAY 285 SELLER OR SELLER'S AGENT - IVE T LOSURE STATEMENT TO RESCIND THE AGREEMENT BY 286 DELIVERING A SEPARATELY WRI ST MENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU 287 MAY WAIVE THE RIGHT TO CIND P FTER THE TIME YOU ENTER INTO A SALE AGREEMENT. 288 BUYER HEREBY ACKNOWL CEI OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES 289 THAT THE DISCLOSURES MA HER EI RE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE 290 LICENSEE OR OTHER PARTY. 291 Buyer 292 Date 293 2. BUYER'S WAIVER OF RIGHT TO REVOKE OFFER 294 Buyer has read and reviewed the Seller's responses to this Seller Disclosure Statement. Buyer approves this statement and 295 waives Buyer's right to revoke Buyer's offer based on this disclosure. 296 Buyer 297 Buyer Date 298 3. BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT 299 Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. Buyer waives that right. 300 However, if the answer to any of the questions in the section entitled "Environmental" would be "yes," Buyer may not waive 301 the receipt of the "Environmental" section of the Seller Disclosure Statement. 302 Buyer Date Buyer Date 303 304 SELLER'S INITIALS Date SELLER'S INITIALS Date Packet Pg. 284 8.1.a Form 17C Seller Disclosure Statement -Unimproved Rev. 8/21 Page 1 of 6 SELLER: SELLER DISCLOSURE STATEMENT UNIMPROVED PROPERTY ©Copyright 2021 Northwest Multiple Listing Service ALL RIGHTS RESERVED 1 Seller Seller To be used in transfers of unimproved residential real property, including property zoned for residential use that is not improved by 2 one or more residential dwelling units, a residential condominium, a residential timeshare or a mobile or manufactured home. 3 Unimproved residential real property does not include commercial real estate as defined in RCW 60.42.005 or property defined as 4 "timber land" under RCW 84.34.020. See RCW Chapter 64.06 for further information. 5 INSTRUCTIONS TO THE SELLER Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property check "NA." If the answer is "yes" to any asterisked (*) item(s), please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and initial each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five (5) business days, unless otherwise agreed, after mutual acceptance of a written purchase and sale agreement between a Buyer and Seller. NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT CITY STATE , ZIP COUNTY ("THE PROPERTY") OR AS LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A. SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS 0 AL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE E S LE PLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITIN U TH E (3) BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATE T O RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RE 10 S ER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEM AY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A PURCHASE AND E AGR ENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND N HE PRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DIS O D IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. FOR A MORE COMPREHENSIVE EXAMINATION OF TH E CON ION F THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFI PER 0 INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEER D VEY IRS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON -SITE WASTEWATER TR I CTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WIS 0 P OFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE ION I A RACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WAR IES. I. SELLER'S DISCLOSURE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Seller O is / ❑ is not occupying the Property. 34 35 * If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if available and not 36 otherwise publicly recorded. If necessary, use an attached sheet. 37 1. TITLE YES NO DON'T NIA 38 KNOW 39 A. Do you have legal authority to sell the property? If no, please explain .............................................❑ O ❑ ❑ 40 *B. Is title to the property subject to any of the following? 41 (1) First right of refusal...................................................................................................................❑ ❑ 0 ❑ 42 (2) Option.......................................................................................................................................0 ❑ 0 ❑ 43 (3) Lease or rental agreement.......................................................................................................❑ ❑ 0 0 44 (4) Life estate?...............................................................................................................................0 ❑ 0 ❑ 45 *C. Are there any encroachments, boundary agreements, or boundary disputes? *D. Is there a private road or easement agreement for access to the property? ..............❑ ❑ 0 0 46 *E. Are there any rights -of -way, easements, or access limitations that affect the Buyer's use of theproperty?....................................................................................................................... 0 0 ❑ ❑ 47 48 ❑ ❑ 0 ❑ 49 SELLER'S INITIALS Date SELLER'S INITIALS Date Packet Pg. 285 Form 17C Seller Disclosure Statement - Unimproved Rev. 8/21 Page 2 of 6 SELLER DISCLOSURE STATEMENT UNIMPROVED PROPERTY (Continued) 8.1.a ©Copyright 2021 Northwest Multiple Listing Service ALL RIGHTS RESERVED YES NO DON'T NIA 50 KNOW 51 *F. Are there any written agreements for joint maintenance of an easement or right of way? ..............❑ ❑ 0 0 52 *G. Is there any study, survey project, or notice that would adversely affect the property? ................... El ❑ ❑ ❑ 53 *H. Are there any pending or existing assessments against the property? ........................................... ❑ 0 0 ❑ 54 *I. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the property that affect future construction or remodeling?...................................................................❑ *J. Is there a boundary survey for the property?...................................................................................❑ *K. Are there any covenants, conditions, or restrictions recorded against title to the property? .............❑ NOTICE TO BUYER: Covenants or deed restrictions based on race, creed, sexual orientation, or other protected class were voided by RCW 49.60.224 and are unenforceable. Washington law allows for the illegal language to be struck by bringing an action in superior court or by the free recording of a restrictive cov ant modification document. Many county auditor websites provide a short f instructions on this process. 2. WATER A. Household Water (1) Does the property have potable water supply? .................. .............................................❑ (2) If yes, the source of water for the property is: ❑ Pr' pu ed water system ❑ Private well serving only the property *❑ O wate t *If shared, are there any written agreements? ...................................................................❑ *(3) Is there an easement (recorded or unrecord acce o and/or maintenance of the water source? ......................... ......................................................................❑ *(4) Are there any problems or airs d ......................................................................❑ (5) Is there a connection ook-up char le before the property can be connected tothe water main?... ........ .....................................................................................❑ (6) Have you obtained a ate of r availability from the water purveyor serving the property? (If yes, pleas tta copy.).............................................................................❑ (7) Is there a water right permit, certificate, or claim associated with household water supply for the property? (If yes, please attach a copy.).............................................................❑ (a) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed?...................................................................................................❑ *(b) If yes, has all or any portion of the water right not been used for five or more successiveyears?..............................................................................................................0 (c) If no or don't know, is the water withdrawn from the water source less than 5,000 gallons a day?...........................................................................................................0 *(8) Are there any defects in the operation of the water system (e.g. pipes, tank, pump, etc.)? ......0 B. Irrigation Water (1) Are there any irrigation water rights for the property, such as a water right permit, certificate, or claim? (If yes, please attach a copy.)..................................................................❑ (a) If yes, has all or any portion of the water right not been used for five or more successiveyears?..............................................................................................................❑ (b) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed?...................................................................................................❑ SELLER'S INITIALS Date SELLER'S INITIALS Date 55 ❑ ❑ 0 56 0 ❑ ❑ 57 ❑ ❑ ❑ 58 59 60 61 62 63 64 65 66 ❑ ❑ ❑ 67 68 69 ❑ ❑ ❑ 70 71 ❑ ❑ ❑ 72 ❑ ❑ ❑ 73 74 ❑ ❑ ❑ 75 76 ❑ ❑ ❑ 77 78 ❑ ❑ ❑ 79 80 ❑ ❑ 0 81 82 ❑ ❑ 0 83 84 ❑ 0 ❑ 85 0 ❑ ❑ 86 87 88 O O ❑ 89 90 ❑ O ❑ 91 92 ❑ ❑ ❑ 93 Packet Pg. 286 8.1.a Form 17C SELLER DISCLOSURE STATEMENT ©Copyright 2021 Seller Disclosure Statement - Unimproved UNIMPROVED PROPERTY Northwest Multiple Listing Service Rev. 8/21 ALL RIGHTS RESERVED Page 3 of 6 (Continued) YES NO DON'T WA 94 KNOW 95 *(2) Does the property receive irrigation water from a ditch company, irrigation district, or other entity? ..... ❑ ❑ ❑ ❑ 96 If so, please identify the entity that supplies irrigation water to the property: 97 y 98 C. Outdoor Sprinkler System 99 (1) Is there an outdoor sprinkler system for the property?.............................................................. El ❑ ❑ ❑ 100 *(2) If yes, are there any defects in the system?..............................................................................❑ ❑ ❑ ❑ 101 *(3) If yes, is the sprinkler system connected to irrigation water? ....................................................❑ ❑ ❑ ❑ 102 3. SEWER/SEPTIC SYSTEM A. The property is served by: ❑ Public sewer system ❑ On -site sewage system (including pipes, tanks, drainfields, and all other ❑ Other disposal system Please describe: B. Is the property subject to any sewage system fees or charges in a wao s your regularly billed sewer or on -site sewage system maintenan C. If the property is connected to an on -site sewage system: *(1) Was a permit issued for its construction? ................ .... ...... ...... *(2) Was it approved by the local health departme rict fo g (3) Is the septic system a pressurized system?. ........... ..................... (4) Is the septic system a gravity syste ....... ............................... *(5) Have there been any cha or r it t site sewage system? (6) Is the on -site sewage tem, includin infield, located entirely within the boundari the .................................................... If no, please explain: ff parts) �......................... ❑ ❑ ❑ ..........................❑ ❑ ❑ uction? .............. ❑ ❑ ❑ ..........................❑ ❑ ❑ ..........................❑ ❑ ❑ ......................❑ ❑ ❑ I .....................❑ ❑ ❑ *(7) Does the on -site sewage s uire monitoring and maintenance services more frequently than once a yearmpp............................................................................. I ....................... ❑ 4. ELECTRICAL/GAS A. Is the property served by natural gas? ..................................... B. Is there a connection charge for gas? ...................................... C. Is the property served by electricity? ........................................ D. Is there a connection charge for electricity? ............................. *E. Are there any electrical problems on the property? .................. .................................................... ❑ ❑ ❑ ... ....................... I ............ .....I ....... ❑ ❑ ❑ ❑ ❑ ❑ ........ ................... ......................... ............. ... ..............I., ....... ❑ ❑ ❑ ........................................ ❑ ❑ ❑ 103 104 105 106 107 108 109 ❑ 110 111 ❑ 112 ❑ 113 ❑ 114 ❑ 115 ❑ 116 117 ❑ 118 119 120 ❑ 121 122 ❑ 123 ❑ 124 ❑ 125 ❑ 126 ❑ 127 5. FLOODING 128 A. Is the property located in a government designated flood zone or floodplain?.................................❑ O ❑ ❑ 129 SELLER'S INITIALS Date SELLER'S INITIALS Date Packet Pg. 287 8.1.a Form 17C SELLER DISCLOSURE STATEMENT ©Copyright 2021 Seller Disclosure Statement - Unimproved UNIMPROVED PROPERTY Northwest Multiple Listing Service Rev. 8/21 ALL RIGHTS RESERVED Page 4 of 6 (Continued) YES NO DON'T N/A 130 6. SOIL STABILITY KNOW 131 *A. Are there any settlement, earth movement, slides, or similar soil problems on the property? .......... ❑ ❑ ❑ ❑ 132 7. ENVIRONMENTAL *A. Have there been any flooding, standing water, or drainage problems on the property that affect the property or access to the property?....................................................... ................ ..................... ❑ *B. Does any part of the property contain fill dirt, waste, or other fill material? ....................................... ❑ *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides?....................................................................................❑ D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? ..........................❑ *E. Are there any substances, materials, or products in or on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead -based paint, fuel or mical storage tanks, or contaminated soil or water? .................................................. .... ...............❑ *F. Has the property been used for commercial or industrial purposes?..... ...... ....... ............❑ *G. Is there any soil or groundwater contamination? ............................. ..... .............................❑ *H. Are there transmission poles or other electrical utility equipme tailed, int fined, or buried on the property that do not provide utility service to the cture n the property? ......... ❑ *I. Has the property been used as a legal or illegal dum ' site.. ...........................................❑ *J. Has the property been used as an illegal drug actu site? .................................................❑ *K. Are there any radio towers that cause int a ellular telephone reception? .................... ❑ 8. HOMEOWNERS' ASSOCIATI MON I R S A. Is there a homeowners' a ciati.......................................................................I..............❑ Name of Association and ormaf for an officer, director, employee, or other authorized agent, if any, who may provide the ass n's financial statements, minutes, bylaws, fining policy, and other information that is n available: B. Are there regular periodic assessments?.........................................................................................❑ $ per ❑ month ❑ year ❑ Other: *C. Are there any pending special assessments?..................................................................................❑ *D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co -owned in undivided interest with others)?....................................................................................❑ 9. OTHER FACTS *A. Are there any disagreements, disputes, encroachments, or legal actions concerning the property? ....... ❑ *B. Does the property have any plants or wildlife that are designated as species of concern, or listed as threatened or endangered by the government?...........................................................................D 133 134 ❑ ❑ ❑ 135 ❑ ❑ ❑ 136 137 O ❑ ❑ 138 ❑ D ❑ 139 140 141 ❑ ❑ ❑ 142 ❑ ❑ ❑ 143 ❑ 0 ❑ 144 145 ❑ ❑ ❑ 146 ❑ ❑ ❑ 147 ❑ ❑ ❑ 148 ❑ ❑ ❑ 149 150 ❑ ❑ ❑ 151 152 153 154 ❑ ❑ ❑ 155 156 157 ❑ ❑ ❑ 158 159 160 ❑ ❑ ❑ 161 162 ❑ ❑ ❑ 163 164 ❑ ❑ ❑ 165 SELLER'S INITIALS Date SELLER'S INITIALS Date Packet Pg. 288 8.1.a Form 17C SELLER DISCLOSURE STATEMENT Seller Disclosure Statement - Unimproved UNIMPROVED PROPERTY Rev. 8/21 Page 5 of 6 (Continued) ©Copyright 2021 Northwest Multiple Listing Service ALL RIGHTS RESERVED YES NO DON'T WA 166 KNOW 167 *C. Is the property classified or designated as forest land or open space? ............................................❑ ❑ ❑ ❑ 168 D. Do you have a forest management plan? If yes, attach..................................................................❑ ❑ ❑ ❑ 169 *E. Have any development -related permit applications been submitted to any government agencies?........ ❑ ❑ ❑ ❑ 170 If the answer to E is "yes," what is the status or outcome of those applications? 171 F. Is the property located within a city, county, or district or within a department of natural resources fire protection zone that provides fire protection services?.............................................................❑ 172 173 ❑ ❑ ❑ 174 10. FULL DISCLOSURE BY SELLERS 175 A. Other conditions or defects: 176 *Are there any other existing material defects affecting the property that a proQtol)ibest 177 buyer should know about?............................................................................................ ❑ ❑ ❑ ❑ 178 B. Verification 179 The foregoing answers and attached explanations (if any) are complete a t cof Sellers knowledge and 180 9 Seller has received a copy hereof. Seller agrees to defend, indemKa4 and hold real estate licensees harmless from and 181 against any and all claims that the above information is inaccurate. Seller authorizes real estate licensees, if any, to deliver a 182 copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. 183 Seller If the answer is "Yes" to any asterisked (* items, please explain number(s) of the question(s). p� Date 184 185 (use additional sheets if necessary). Please refer to the line 186 a) 187 188 189 a N -a 190 191 192 193 v 194 195 196 L 7 a r 197 198 199 v 200 201 202 tv .r Q ; 203 204 205 y E t u 206 207 208 Q 209 210 211 212 Packet Pg. 289 8.1.a Form 17C Seller Disclosure Statement - Unimproved Rev. 8/21 Page 6 of 6 II. NOTICES TO THE BUYER SELLER DISCLOSURE STATEMENT UNIMPROVED PROPERTY (Continued) ©Copyright 2021 Northwest Multiple Listing Service ALL RIGHTS RESERVED 213 1. SEX OFFENDER REGISTRATION 214 INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT 215 AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT 216 AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. 217 2. PROXIMITY TO FARMING/WORKING FOREST 218 THIS NOTICE IS TO INFORM YOU THAT THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE MAY LIE IN 219 CLOSE PROXIMITY TO A FARM OR WORKING FOREST. THE OPERATION OF A FARM OR WORKING FOREST 220 INVOLVES USUAL AND CUSTOMARY AGRICULTURAL PRACTICES OR FOREST PRACTICES, WHICH ARE PROTECTED 221 UNDER RCW 7.48.305, THE WASHINGTON RIGHT TO FARM ACT. 222 3. OIL TANK INSURANCE 223 THIS NOTICE IS TO INFORM YOU THAT IF THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE UTILIZES 224 AN OIL TANK FOR HEATING PURPOSES, NO COST INSURANCE MAY BE AVAILABLE FROM THE POLLUTION LIABILITY 225 INSURANCE AGENCY. 226 III. BUYER'S ACKNOWLEDGEMENT 227 1.. BUYER HEREBY ACKNOWLEDGES THAT: 228 A. Buyer has a duty to pay diligent attention to any material defects tha are kn t y or can be known to Buyer by 229 utilizing diligent attention and observation. 230 B. The disclosures set forth in this statement and in any amendments to st made only by the Seller and 231 not by any real estate licensee or other party. 232 C. Buyer acknowledges that, pursuant to RCW 64.06.050 (2), real e s re not liable for inaccurate information 233 provided by Seller, except to the extent that real estate licens now o ch i accurate information. 234 D. This information is for disclosure only and is not intended to b pa e n agreement between the Buyer and Seller. 235 E. Buyer (which term includes all persons signing the "Bu s a ortion of this disclosure statement below) has 236 received a copy of this Disclosure Statement (inclu ' ach i bearing Seller's signature(s). 237 DISCLOSURES CONTAINED IN THIS DISCLOSURP&TATENUT ARE PROVIDED BY SELLER BASED ON SELLER'S 238 ACTUAL KNOWLEDGE OF THE PROPERTY A THE ESE R COMPLETES THIS DISCLOSURE. UNLESS BUYER 239 AND SELLER OTHERWISE AGREE IN WRI U HALL HAVE THREE (3) BUSINESS DAYS FROM THE DAY 240 SELLER OR SELLER'S AGENT DELIVE T C SURE STATEMENT TO RESCIND THE AGREEMENT BY 241 DELIVERING A SEPARATELY SI WR T ENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU 242 MAY WAIVE THE RIGHT TOR RIOR OR TER THE TIME YOU ENTER INTO A SALE AGREEMENT. 243 fthk BUYER HEREBY ACKNOWL OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES 244 THAT THE DISCLOSURES &WEIREIIRE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE 245 LICENSEE OR OTHER PARTY. _ 246 Date Buyer 2. BUYER'S WAIVER OF RIGHT TO REVOKE OFFER 247 Date 248 249 Buyer has read and reviewed the Seller's responses to this Seller Disclosure Statement. Buyer approves this statement and 250 waives Buyer's right to revoke Buyer's offer based on this disclosure. 251 Buyer Date Buyer 3. BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT 252 Date 253 254 Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. Buyer waives that right. 255 However, if the answer to any of the questions in the section entitled "Environmental" would be "yes," Buyer may not waive 256 the receipt of the "Environmental" section of the Seller Disclosure Statement. 257 Date Buyer 258 Date 259 SELLER'S INITIALS Date SELLER'S INITIALS Date Packet Pg. 290 8.1.a Form 65A Rental — Early Occupancy Rev. 8/21 Page 1 of 2 RENTAL AGREEMENT Buyer Occupancy Prior to Closing ©Copyright 2021 Northwest Multiple Listing Service ALL RIGHTS RESERVED Notice: There are many risks associated with giving a buyer the right to occupy a property prior to closing. If a buyer defaults under the purchase and sale agreement, fails to close the sale, and fails to vacate the property, a seller may have limited rights to remove the buyer from the property. A seller should consult with an attorney before entering into an agreement that provides a buyer with occupancy prior to closing. Date: l Tenant(s) 2 Buyerrrenant Buyer/Tenant agree(s) to rent from Landlord 3 Seller/Landlord Seller/Landlord the property commonly known as 4 Address City (the "Property") on the following terms and conditions: 5 State Zip County 1. RENT. The rent shall be $ per 6 Rent shall be payable to C]kj 7 at 8 Other: g 2. TERM AND TERMINATION. Tenant is entitled to posses on 10 This Agreement shall terminate on . If Tenant purchases the Property from 11 Landlord, then this Agreement shall terminate on closi a he time of closing, advance rent paid to 12 Landlord shall be pro -rated on a daily basis, and Ten sh 'ted with any unused portion thereof. If this 13 Agreement is terminated prior to the termination forth his ragraph, then any advance rent shall be 14 pro -rated on a daily basis, and the unused po ref d to enant immediately upon Tenant's vacating the 15 Property. If Tenant holds over without the writte sent andlord, Tenant shall be liable for rent and all other 16 damages sustained by Landlord because h er. 17 3. INSURANCE. Landlord agrees ep t P sured against fire and other normal casualties. All proceeds 18 of any such policy shall be p o Lan rd ne. Landlord shall have no responsibility for insuring anything 19 in or on the Property which ongs a nant is advised that renter's insurance is available to Tenant for 20 coverage related to liability I property damage, and for the theft, loss, or damage to Tenant's 21 personal property. 22 4. UTILITIES. Tenant agrees to pay folM ities, including garbage collection charges, during the term of this Agreement. 23 5. IMPROVEMENTS. Tenant shall not be entitled to make any improvements or alterations in the Property, including 24 painting, during the term of this Agreement without the written permission of Landlord. In the event this 25 Agreement terminates for any reason other than Tenant's purchase of the Property, Tenant will return the 26 Property to Landlord in as good a condition as it presently is, ordinary wear and tear excepted. 27 6. UNLAWFUL DETAINER. This Agreement is subject to the provisions of the Unlawful Detainer Statute, RCW 28 59.12. If Tenant and Landlord have entered into a purchase and sale agreement for the purchase of the Property, 29 then a default under that purchase and sale agreement shall constitute a default under this Agreement, and 30 Landlord shall be entitled to all remedies provided for in the Unlawful Detainer Statute, RCW 59.12. 31 7. SUBLETTING OR ASSIGNMENT. Tenant may not sublet the Property and may not assign Tenant's rights under 32 this Agreement. 33 8. CITY OF SEATTLE RENTAL AGREEMENT REGULATION ORDINANCE. If the Property is located within the 34 City of Seattle then a copy of a summary of city and state landlord/tenant laws is attached. Tenant hereby 35 acknowledges receipt of a copy of the summary. 36 Landlord's Initials Date Landlord's Initials Date Tenant's Initials Date Tenant's Initials Date Packet Pg. 291 8.1.a Form 65A RENTAL AGREEMENT ©Copyright 2021 Rental — Early Occupancy Northwest Multiple Listing Service Rev. 8/21 Buyer Occupancy Prior to Closing ALL RIGHTS RESERVED Page 2 of 2 (Continued) 9. RELEASE OF REAL ESTATE FIRMS. Landlord and Tenant release all real estate firms and brokers involved 37 with this Agreement between Landlord and Tenant and agree to indemnify all real estate firms and brokers from 38 any and all claims arising under this Agreement. 39 10. ATTORNEYS' FEES. In the event either party employs an attorney to enforce any terms of this Agreement and is 40 successful, the other party agrees to pay reasonable attorneys' fees. In the event of trial, the amount of fees shall 41 be as fixed by the court. 42 11. SMOKE DETECTOR. Tenant acknowledges and Landlord certifies that the Property is equipped with a smoke 43 detector(s) as required by RCW 43.44.110 and that the detector(s) has/have been tested and is/are operable. It is 44 Tenant's responsibility to maintain the smoke detector(s) as specified by the manufacturer, including replacement 45 of batteries, if required. In addition, if the Property is a multi -family building (more than one unit), Landlord makes 46 the following disclosures: 47 (a) The smoke detection device is ❑ hard -wired ❑ battery operated. 48 (b) The Building ❑ does ❑ does not have a fire sprinkler system. 49 (c) The Building ❑ does ❑ does not have a fire alarm system. 50 (d) ❑ The building has a smoking policy, as follows: 51 52 53 ❑ The building does not have a smoking policy 54 (e) ❑ The building has an emergency notification plan ffr) copy of which is attached to this 55 Agreement. 56 ❑ The building does not have an emergency notificatior upants. 57 (f) ❑ The building has an emergency relocation pan for occupants, a copy of which is attached to this 58 Agreement. 59 ❑ The building does not have an emergenc loca Ian for occupants. 60 (g) ❑ The building has an emergency evacuat Ian for occupants, a copy of which is attached to this 61 Agreement. 62 ❑ The building does not h n emergenc cuation plan for occupants. 63 Tenant hereby acknowl es r ipt of a co of the building's emergency evacuation routes. 64 12. CARBON MONOXIDE ALA andlord shall equip the Property with carbon monoxide alarm(s) in accordance 65 with the state building code as required by RCW 19.27.530. The parties acknowledge that the real estate firms 66 and brokers are not responsible for ensuring that Landlord complies with RCW 19.27.530. 67 13. LEAD -BASED PAINT. If the Property includes housing that was built before 1978, then the Addendum entitled 68 "Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards" (NWMLS Form 22J Lease or 69 equivalent), must be attached to this Agreement unless this lease/rental transaction is exempt from all applicable 70 federal regulations. 71 14. MOLD DISCLOSURE. Tenant acknowledges receipt of the pamphlet entitled "A Brief Guide to Mold, Moisture, 72 and Your Home." 73 15. OTHER. 74 75 76 77 78 Landlord Date Tenant Date Landlord Date Tenant Date Packet Pg. 292 8.1.a Form 65B ©Copyright 2021 Rental — Delayed Occupancy RENTAL AGREEMENT Northwest Multiple Listing Service Rev. 8/21 Seller Occupancy After Closing ALL RIGHTS RESERVED Page 1 of 2 Notice: There are many risks associated with giving a seller the right to occupy a property as a tenant after closing. If a seller fails to vacate the property upon the termination of this rental agreement, a buyer may have limited rights to remove the seller from the property. A buyer should consult with an attorney before entering into an agreement that provides a seller with occupancy after closing. Date: 1 Tenant(s) 2 Seller/Tenant Sellerlrenant agree(s) to rent from Landlord 3 Buyer/Landlord Buyer/Landlord the property commonly known as 4 Address City (the "Property") on the following terms and conditions: 5 State Zip County 1. RENT. The rent shall be $ per 6 Rent shall be payable to 7 at 8 Other: 9 2. POSSESSION. Tenant is entitled to possession on the closing of e o operty from Tenant (Seller) to 10 Landlord (Buyer). If the sale does not close, then this Agreeme 11 3. TERM. This Agreement shall terminate on rmination Date"). Upon termination, any 12 advance rent shall be pro -rated on a daily basis, and nu n refunded to Tenant immediately upon 13 Tenant's vacating the Property. If Tenant holds over wi ri sent of Landlord, Tenant shall be liable for 14 rent and all other damages sustained by Landlord b of su I to the extent permitted by applicable laws. 15 Tenant hereby acknowledges and agrees that plant lWis Paragraph 3, Landlord has provided to Tenant the 16 requisite advance written notice that: (i) the tenannorantEMhereunder shall automatically expire and/or terminate 17 upon the Termination Date without further to�iant, (ii) Tenant is not entitled to any rights to extend the 18 Termination Date or to continue to oc o th roperty beyond the Termination Date, (iii) Tenant must 19 immediately vacate and surre e t ndlord on the Termination Date as further provided in this 20 Agreement, and (iv) this noti a ant shal n to personal delivery to Tenant consistent with RCW 59.12.040. 21 4. INSURANCE. Landlord agr t roperty against fire and other normal casualties. All proceeds of any 22 such policy shall be payable dlord e. Landlord shall have no responsibility for insuring anything in or on 23 the Property which belongs to T na enant is advised that renter's insurance is available to Tenant for 24 coverage related to liability for jury, property damage, and for the theft, loss, or damage to Tenant's 25 personal property. 26 5. UTILITIES. Tenant agrees to pay for all utilities, including garbage collection charges, during the term of the 27 Agreement. 28 6. IMPROVEMENTS. Tenant shall not be entitled to make any improvements or alterations to the Property, including 29 painting, during the term of this Agreement, without the written permission of Landlord. Tenant will return the 30 Property to Landlord in as good a condition as it presently is, ordinary wear and tear excepted. 31 7. SUBLETTING OR ASSIGNMENT. Tenant may not sublet the Property and may not assign Tenant's rights under 32 this Agreement. 33 8. CITY OF SEATTLE RENTAL REGULATION ORDINANCE. If the Property is located within the City of Seattle, 34 then a copy of a summary of city and state landlord/tenant laws is attached. Tenant hereby acknowledges receipt 35 of a copy of the summary. 36 9. RELEASE OF REAL ESTATE FIRMS. Landlord and Tenant release all real estate firms and brokers involved 37 with this Agreement between Landlord and Tenant and agree to indemnify all real estate firms and brokers from 38 any and all claims arising under this Agreement. 39 Landlord's Initials Date Landlord's Initials Date Tenant's Initials Date Tenant's Initials Date Packet Pg. 293 8.1.a Form 65B ©Copyright 2021 Rental — Delayed Occupancy RENTAL AGREEMENT Northwest Multiple Listing Service Rev. 8/21 Seller Occupancy After Closing ALL RIGHTS RESERVED Page 2 of 2 (Continued) 10. ATTORNEYS' FEES. In the event either party employs an attorney to enforce any terms of this Agreement and is 40 successful, the other party agrees to pay reasonable attorneys' fees. In the event of a trial, the amount of fees 41 shall be as fixed by the Court. 42 11. SMOKE DETECTOR. Tenant acknowledges and Landlord certifies that the Property is equipped with a smoke 43 detector(s) as required by RCW 43.44.110 and that the detector(s) has/have been tested and is/are operable. It is 44 Tenant's responsibility to maintain the smoke detector(s) as specified by the manufacturer, including replacement 45 of batteries, if required. In addition, if the Property is a multi -family building (more than one unit), Landlord makes 46 the following disclosures: 47 (a) The smoke detection device is ❑ hard -wired ❑ battery operated. 48 (b) The Building ❑ does ❑ does not have a fire sprinkler system. 49 (c) The Building ❑ does ❑ does not have a fire alarm system. 50 (d) ❑ The building has a smoking policy, as follows: 51 52 ❑ The building does not have a smoking policy. 53 (e) ❑ The building has an emergency notification plan for occupants, a c whibl i is attached to this 54 Agreement. 55 ❑ The building does not have an emergency notification pl cc nts. 56 (f) ❑The building has an emergency relocation plan for occy ntJpyrtf which is attached to this 57 Agreement. 58 ❑ The building does not have an emergency relocation plan for occupants. 59 (g) ❑ The building has an emergency evacuation. Ja r occupants, a copy of which is attached to this 60 Agreement. 61 ❑ The building does not have an emergency cuati Ian for occupants. 62 Tenant hereby acknowledges receip a of t building's emergency evacuation routes. 63 ,fir 12. CARBON MONOXIDE ALARMS. Landlord all equip the Property with carbon monoxide alarm(s) in accordance 64 with the state building code as required by CW 19.27.530. The parties acknowledge that the real estate firms 65 and brokers are not responsible for ensuring that Landlord complies with RCW 19.27.530. 66 13. LEAD -BASED PAINT. If the Property includes housing that was built before 1978, then the Addendum entitled 67 "Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards" (NWMLS Form 22J Lease or 68 equivalent), must be attached to this Agreement unless this lease/rental transaction is exempt from all applicable 69 federal regulations. 70 14. MOLD DISCLOSURE. Tenant acknowledges receipt of the pamphlet entitled "A Brief Guide to Mold, Moisture, 71 and Your Home." 72 15. OTHER. Landlord Landlord Date Tenant Date Tenant 73 74 75 76 77 78 79 80 81 Date Date Packet Pg. 294 8.1.a Form 68 ©Copyright 2021 Lease/Rental Agreement Northwest Multiple Listing Service Rev. 8/21 LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED Page 1 of 6 This Lease/Rental Agreement dated: is made and entered into between 1 ("Lessor"), 2 Lessor Lessor and ("Tenant") 3 Tenant Tenant for the "Property" commonly known as 4 Address 5 City State Zip County If this Agreement is for more than one (1) year, the legal description of the Property is attached as Exhibit A. 6 1. TERM OF AGREEMENT. This Agreement is for a term of (six (6) months 7 minimum) commencing on . This Agreement shall end at midnight on 8 ("Expiration Date"). 9 a. If the term of this Agreement is between six and twelve mont n the Expiration Date, 10 this Agreement shall continue as a month -to -month tenancy u ss dlord provides written 11 notice to Tenant at least 60 days prior to the Expirati at h e nation Notice") that 12 the Agreement will expire on the Expiration Date. If Lan d t pr des the Termination 13 Notice, Tenant must vacate and surrender possession of t ro n the Expiration Date. 14 If this Agreement continues as a month-to-mon c andlord acknowledges that 15 Landlord may have limited rights to remove Tenz om t ro rty. 16 b. If the term of this Agreement is for twelve months re, nant must vacate and surrender 17 possession of the Property on the Expirati a greement shall not continue on a 18 month -to -month basis. Landlord shall pr . wri Into Tenant at least 60 days prior to 19 the Expiration Date (the "Terminate ce") t t Agreement will expire on the 20 Expiration Date. To continue the t cy nd the Expiration Date, Lessor and Tenant 21 may enter into successive rental a re nts terms of at least six (6) months or more. 22 Lessor shall deliver the Termi oti o Tenant in a manner consistent with RCW 23 59.12.040. If Tenant holds over tho ri written consent of Lessor, Tenant shall be liable 24 for rent and all other es in y Lessor because of such holdover to the extent 25 permitted by applic le laws. f T acates prior to the Expiration Date (as extended, if 26 applicable), the sec ty d I forfeited and Tenant shall be obligated for rent payments 27 for the remainder of , or it the Property has been re -rented whichever is less. 28 2. POSSESSION. Tenant's ' ht ssession of the Property begins at the commencement of the term 29 indicated above. If, throug It of Lessor or Listing Firm, Lessor cannot deliver possession of the 30 Property to Tenant on the date indicated above, Lessor shall not be liable to Tenant for damages. 31 3. RENT. Tenant shall pay rent as follows: 32 a. Amount and Due Date. The rent is $ per month, payable in advance and 33 due on or before the ❑ first day; ❑ day of each month commencing on the first 34 month of the term. Each monthly rental period shall begin on the day rent is due. 35 b. Payments. Rent shall be paid to (check one): ❑ Listing Firm at the address below; ❑ Lessor 36 at the address below; or ❑ 37 c. First Month's Rent. Lessor acknowledges receipt of $ as the first and 38 month's rent. If Lessor collects last month's rent, it can only be applied to the 39 final month of the term and is not applicable to any other month of the Agreement. 40 d. ❑ Pro -Rated Rent. Pro -rated rent from to is 41 $ and payable on 42 Tenant's Initials Date Tenant's Initials Date Lessor's Initials Date Lessor's Initials Date Packet Pg. 295 8.1.a Form 68 ©Copyright 2021 Lease/Rental Agreement Northwest Multiple Listing Service Rev. 8/21 LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED Page 2 of 6 (Continued) 4. UTILITIES. Tenant shall pay all utilities when due except: ❑ water; ❑ sewer; ❑ garbage; 43 ❑ 44 5. OCCUPANCY/SUBLETTING. The Property is rented as a private residence for the following 45 named persons: 46 Tenant shall not assign this Agreement, sublet all or any portion of the Property, nor give 47 accommodation to any other persons, without the prior written consent of Lessor or Listing Firm. 48 6. SECURITY DEPOSIT. Lessor acknowledges receipt from Tenant of the sum of $ 1 49 which shall be deposited in a trust account in Bank, 50 Branch, in , WA. Lessor or Listing 51 Firm will give written notice of any change in said depository. This deposit is security for 52 performance of Tenant's obligations in this Agreement, including but not limited to payment of rent, 53 and for any damages to and cleaning of the Property, for which Tenant is responsible. 54 A written "Move In/Move Out Addendum" describing the conditio anliness of and any 55 damage to the Property and furnishings shall be signed by JwIssor Lis ' m and Tenant upon 56 commencement of tenancy and a written copy given to an se ity deposit may be 57 collected unless the Move In/Move Out Addendum is complet 58 Within twenty-one (21) days after termination of tenancy a ti premises (or abandonment of 59 premises), Lessor will give Tenant a full and specific me sis of retaining any of the 60 deposit and a refund of any portion due Tenant, delive Tena personally or sent U.S. first-class 61 mail to Tenant's last known address. If the de I is ff to reimburse Lessor for such 62 damages and cleaning, Tenant shall pay any de In *thl een (14) days of Lessor's demand. 63 7. MAINTENANCE. Tenant shall at all times in the p including any yard and lawn, in 64 a neat and clean condition and upon t natio this Agreement will leave the Property in as 65 good condition as it is now, reasonable ar a ear excepted. Tenant shall not make any 66 alterations or improvements to the out Lessor's prior written approval. 67 a. ❑ Carpet Cleaning. At th nd er , Tenant shall have the carpets professionally 68 cleaned and Les o Ith ceipt evidencing the same. 69 8. INSPECTION/SALE. essor Property to inspect it or make alterations or repairs at 70 reasonable times an a ncies, shall give Tenant two days' notice. If Lessor wishes to show 71 the Property to pros purcha or tenants, Lessor shall provide Tenant with one day's notice. 72 9. RENT LATE CHARGE/ CK. If any rent is not paid within five days of the due date, 73 Tenant shall pay a late charge of ❑ $ for each day that the same is 74 delinquent, including the day of payment, up to a maximum of 10% of one month's rent; or 75 ❑ $ . Tenant shall pay a charge of $ for each NSF check 76 given by Tenant to Lessor. Lessor shall have no obligation to redeposit any check returned NSF. 77 In addition to the foregoing, Lessor may elect to terminate this Agreement for nonpayment of rent. 78 Lessor shall notify Tenant of late rent and NSF check charges and the same must be paid within 79 fourteen (14) days. 80 10. NONREFUNDABLE FEE. Tenant shall pay, prior to occupancy, a nonrefundable fee of 81 $ for . Lessor 82 will not return this nonrefundable fee under any conditions. The fee may not be used hold the 83 Property for Tenant or to secure Tenant's obligation to move into the Property. 84 11. PETS. No dogs, cats or other animals will be permitted on the Property without a fully executed 85 Pet Agreement (NWMLS Form No. 68B). 86 Tenant's Initials Date Tenant's Initials Date Lessor's Initials Date Lessor's Initials Date Packet Pg. 296 8.1.a Form 68 ©Copyright 2021 Lease/Rental Agreement Northwest Multiple Listing Service Rev. 8/21 LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED Page 3 of 6 (Continued) 12. RENTERS INSURANCE. Renter's insurance is available to Tenant for coverage related to liability for 87 bodily injury, property damage, and for the theft, loss, or damage to Tenant's personal property. 88 a. ❑ Renter's Insurance. Tenant shall obtain renter's insurance providing coverage for 89 liability, bodily injury, property damage, and for the theft, loss, or damage to Tenant's 90 personal property stored on the Property. Tenant shall provide Lessor a copy of the renter's 91 insurance policy within five days of mutual acceptance of this Agreement. 92 13. CARBON MONOXIDE ALARMS. Lessor shall equip the Property with carbon monoxide alarm(s) 93 in accordance with the state building code as required by RCW 19.27.530. The parties 94 acknowledge that the Brokers are not responsible for ensuring that Lessor complies with RCW 95 19.27.530. Lessor and Tenant shall hold the Brokers and their Firms harmless from any claim 96 resulting from Lessor's failure to install a carbon monoxide alarm(s) in the Property. 97 14. SMOKE DETECTOR. Tenant acknowledges and Lessor certifies that the Property is equipped 98 with a smoke detector(s) as required by RCW 43.44.110 and that the detector(s) has/have been 99 tested and is/are operable. It is Tenant's responsibility to maint ' smoke detector(s) as 100 specified by the manufacturer, including replacement of batteriI r d. In addition, if the 101 Property is a multi -family building (more than one unit), Le ma s f ing disclosures: 102 (a) The smoke detection device is ❑ hard -wired; ❑ battery o t 103 (b) The Building ❑ does; ❑ does not have a fire sprinkle to 104 (c) The Building ❑ does; ❑ does not have a fire alarm s 105 (d) ❑ The building has a smoking policy, as follows106 107 108 ❑ The building does not have a sm cy 109 (e) ❑ The building has an emergen otifi n plan for occupants, a copy of which is 110 attached to this Agreement. 111 ❑ The building does not ha er y notification plan for occupants. 112 (f) ❑ The building has an em a ation plan for occupants, a copy of which is attached 113 to this Agree 114 ❑ The buildin es no a rgency relocation plan for occupants. 115 (g) ❑ The buildin rgency evacuation plan for occupants, a copy of which is 116 attached to t reeme 117 ❑ The building doe o an emergency evacuation plan for occupants. 118 Tenant hereby acknowledg ceipt of a copy of the building's emergency evacuation routes. 119 15. AGENCY DISCLOSURE. If real estate brokers are involved in this transaction, then at the signing of 120 this Agreement, Listing Broker represents ❑ Lessor; ❑ both Lessor and Tenant. Tenant's Broker 121 represents ❑ Lessor; ❑ Tenant; ❑ both Lessor and Tenant; ❑ neither Lessor nor Tenant. Tenant's 122 Firm, Tenant's Firm's Designated Broker, Tenant's Broker's Branch Manager (if any) and Tenant's 123 Broker's Managing Broker (if any) represent the same party that Tenant's Broker represents. Listing 124 Firm, Listing Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's 125 Managing Broker (if any) represent the same party that the Listing Broker represents. If Tenant's Broker 126 and Listing Broker are different persons affiliated with the same Firm, then both Lessor and Tenant 127 confirm their consent to Designated Broker, Branch Manager (if any), and Managing Broker (if any) 128 representing both parties as dual agents. If Tenant's Broker and Listing Broker are the same person 129 representing both parties then both Lessor and Tenant confirm their consent to that person and his/her 130 Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as 131 dual agents. All parties acknowledge receipt of the pamphlet entitled "The Law of Real Estate Agency." 132 Tenant's Initials Date Tenant's Initials Date Lessor's Initials Date Lessor's Initials Date Packet Pg. 297 8.1.a Form 68 ©Copyright 2021 Lease/Rental Agreement Northwest Multiple Listing Service Rev. 8/21 LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED Page 4 of 6 (Continued) 16. ATTORNEYS' FEES. If Lessor or Tenant institutes suit against the other concerning this 133 Agreement, the prevailing party is entitled to reasonable attorneys' fees and expenses. 134 17. WAIVER OF SUBROGATION. Lessor and Tenant hereby release and waive for the duration of 135 this Agreement and any extension or renewal thereof their respective rights of recovery against 136 each other for any loss resulting from perils of fire and/or extended coverage as defined in fire 137 insurance policies issued to either Lessor or Tenant in effect at the time of the loss; provided that 138 such waiver and release shall apply only in the event such agreement does not prejudice the 139 insurance afforded by such policies. 140 18. LOCAL ORDINANCES. Lessor and Tenant acknowledge that there may be local ordinances or 141 regulations that require Lessor to provide Tenant with certain information including, but not limited 142 to a summary of "Landlord -Tenant Laws." 143 19. COMPLIANCE WITH LAWS, CC&Rs, AND RULES AND REGULATIONS. Tenant shall not use 144 the Property in any way which violates any law, ordinance, or governmental regulation. In 145 addition, Tenant shall abide by any applicable covenants, conditi restrictions of record 146 ("CC&Rs"), the Rules attached to this Agreement, and an\ec o er I' ble Rules. Tenant 147 acknowledges receipt of any applicable CC&Rs and the Rpe 148 20. LEAD -BASED PAINT. If the Property includes housing fore 1978, then the 149 Addendum entitled "Disclosure of Information on^eral nt and Lead -Based Paint 150 Hazards" (NWMLS Form 22J Lease or equivalent),to this Agreement unless 151 this lease/rental transaction is exempt from applicabllations. 152 21. MOLD DISCLOSURE. Tenant acknowledges Mold, Moisture, and Your Home." _ Tenant Tenant Tenant's Present Addr City, State, Zip Home Phone ork Phone Tenant's Employer Tenant's Firm Tenant's Broker Tenant's Firm's Phone Number Tenant's Broker's E-mail Address Tenant's Initials Date Tenant's Initials Date let entitled "A Brief Guide to 153 154 155 %ssor Date 156 Lessor Date 157 Lessor's Address 158 City, State, Zip 159 Lessor's Phone 160 161 Listing Firm 162 Listing Broker 163 Listing Firm's Phone Number 164 Listing Broker's E-mail Address 165 Listing Firm's Address Lessor's Initials Date Lessor's Initials Date Packet Pg. 298 8.1.a Form 68 Lease/Rental Agreement Rev. 8/21 Page 5 of 6 STATE OF WASHINGTON eelni►�fiwell ©Copyright 2021 Northwest Multiple Listing Service LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED (Continued) )Ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she/they/it signed the instrument and acknowledged it to be his/her their/its free and voluntary act for the uses and purposes mentioned in the instrument. (Use this space for notary stamp/seal.) STATE OF WASHINGTON COUNTY OF I certify that I k is the person who appi instrument and acknc purposes mentioned in Dated: Signature: Print Name: Notary Public in and for the of Washington, Residing at: My Appointment es: MisAll5tolftidence that me,"id id person acknowledged that he/she/they/it signed the er their/its free and voluntary act for the uses and Dated: Signature: _ Print Name: Notary Public in and for the State of Washington, Residing at: My Appointment Expires: (Use this space for notary stamp/seal.) Tenant's Initials Date Tenant's Initials Date Lessor's Initials Date Lessor's Initials Date Packet Pg. 299 8.1.a Form 68 ©Copyright 2021 Lease/Rental Agreement Northwest Multiple Listing Service Rev. 8/21 LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED Page 6 of 6 (Continued) RULES Garbage. Tenant shall furnish his/her own garbage can and place it where required for pickup. Illegal Use. Tenant shall not use the Property for any illegal purposes. Repairs. Tenant shall promptly repair, at Tenant's expense, any broken glass in doors or windows. 4. Freezing. Tenant shall protect the plumbing from freezing. As a minimum, Tenant shall leave the heat on low during cold weather. 5. Drains. Tenant shall relieve stoppage of drains at Tenant's expense unless resulting from a condition existing at the time Tenant moved in. 6. Nails/Painting. Tenant shall not drive any nails or screws into walls, and shall not paint anything, without the prior written consent of Lessor. 7. Lawns & Shrubs/Snow. Tenant shall cut and water an lawn w ny shrubs, trees, and landscaping so as to maintain the same in as good ndi th are presently. In the event of snow, Tenant will remove the same from any a n S. 8. Noise/Nuisance. Tenant shall keep TV, stereo, radio I Ins rument volumes low enough so that no noise whatsoever shall escape fr h p Tenant shall not create or permit any other nuisance on the Property. 9. Guests. Tenant is responsible for the conduc II the Property and shall insure that guests comply with these Rules. 10. Pets. If Lessor has given written pe for is the Property, no pet noise whatsoever shall be allowed to esca rom Property. In the case of apartments, pets shall not be allowed in the halls, comm ce , r surrounding Property except on a leash and accompanied by Tenant. It 40FAIMint sponsibility to clean up and dispose of any pet excrement anywhere on the ro an on adjacent sidewalks, streets, alleys and neighbors' properties 11. Vehicles. Tenant I not park o o ecreation vehicles, trailers, boats and inoperable or unlicensed autom iles o on or in any parking area provided for the Property, or on any street o ervin he Property. Tenant shall complete repairs to any vehicles in these locations within 24 ho of commencement. 12. Hallways & Common . If there are hallways or other common areas shared with other tenants, Tenant shall keep noise to a minimum therein and nothing may be stored, even temporarily, therein. 13. Fireplace Insert/Wood Stove. Wood stoves are prohibited, unless provided by Lessor. No fireplace insert may be installed without Lessor's prior written permission. If permission is given, then the installation must be inspected by the applicable city or county building department, at Tenant's expense, before the same is used. 14. Water Beds, Pianos & Heavy Objects. No water beds, aquariums, pianos, organs, libraries or other unusually heavy objects are permitted in the Property without Lessor's written permission. As a condition to permitting a water bed, Lessor may require Tenant to provide and pay for water bed insurance. 15. Screens. Lessor is not obligated to provide window and/or door screens. If there are any presently installed, Lessor has no obligation to maintain or replace them. 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 Tenant's Initials Date Tenant's Initials Date Lessor's Initials Date Lessor's Initials Date Packet Pg. 300 I • -- - • zp• -- • I 8.1.b Subject Photographs w Jnati Investments Property 7317 Lake Ballinger Way Edmonds, Washington Packet Pg. 302 8.1.b Aerial Photograph Packet Pg. 303 8.1.b Llirre Integra Realty Resources 600 University Street T 206.903.6700 Seattle Suite 310 F 206.623.5731 Seattle, WA 98101 www.irr.com March 12, 2024 Russell Lynch Associate Engineer City of Edmonds 121 5th Avenue N Edmonds, WA 98020 SUBJECT: Market Value Appraisal Jnati Investments Property 7317 Lake Ballinger Way Edmonds, Snohomish County, Washington 98026 IRR - Seattle File No. 154-2023-0277 Dear Mr. Lynch: Integra Realty Resources — Seattle is pleased to submit the accompanying appraisal of the referenced property. The purpose of the appraisal is to develop an opinion of the market value, pertaining to the fee simple interest in the property. The client for the assignment is City of Edmonds. The intended user of this report is the client. The intended use of the report is for property acquisition purposes. No other party or parties may use or rely on the information, opinions, and conclusions contained in this report. The subject is an existing one-story single-family residence containing 2,413 square feet with an 840 square foot detached garage which were built in 1944. The house is not habitable, was stripped down to the studs and foundation, and was boarded up as of the effective date. The garage is being used as storage space and has not been stripped down but is in poor condition with signs of debris and falling insulation throughout. Access to the property is via two steep dirt driveways directly off Lake Ballinger Way (NE 205th Street) which is a busy, primary thoroughfare in the area. The property has approximately 90 feet of lake frontage along Lake Ballinger with views of the lake and an access dock. Packet Pg. 304 8.1.b Russell Lynch City of Edmonds March 12, 2024 Page 2 The dock could not be observed during the inspection and its condition is unknown, but it was reported to be in unusable condition. The site is overgrown and access to much of the northern portion of the subject site was unavailable during our inspection. The site has a history of flooding and there is evidence of vagrant activity both in the interior of the home and garage. The property has been vacant for approximately 10 years. The appraisal conforms to the Uniform Standards of Professional Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute, and applicable state appraisal regulations. Standards Rule 2-2 (Content of a Real Property Appraisal Report) contained in the Uniform Standards of Professional Appraisal Practice (USPAP) requires each written real property appraisal report to be prepared as either an Appraisal Report or a Restricted Appraisal Report. This report is prepared as an Appraisal Report as defined by USPAP under Standards Rule 2-2(a), and incorporates practical explanation of the data, reasoning, and analysis that were used to develop the opinion of value. Based on the valuation analysis in the accompanying report, and subject to the definitions, assumptions, and limiting conditions expressed in the report, the concluded opinions of value are as follows: Value Conclusion Value Type & Appraisal Premise Interest Appraised Date of Value Value Conclusion Market Value Fee Simple August 3, 2023 $520,000 Extraordinary Assumptions and Hypothetical Conditions The value conclusions are subject to the following extraordinary assumptions. An extraordinary assumption is an assignment -specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions. 1. None The value conclusions are based on the following hypothetical conditions. A hypothetical condition is a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. 1. None The use of any extraordinary assumption or hypothetical condition may have affected the assignment results. Packet Pg. 305 8.1.b Russell Lynch City of Edmonds March 12, 2024 Page 3 If you have any questions or comments, please contact the undersigned. Thank you for the opportunity to be of service. Respectfully submitted, Integra Realty Resources - Seattle III Jason Neary Lori E. Safer, MAI, AI-GRS Washington Certified General Real Estate Washington Certified General Real Estate Appraiser #22006051 Appraiser #1100546 Telephone: 206-436-1176 Telephone: 206.436.1177 Email: jneary@irr.com Email: lesafer@irr.com Packet Pg. 306 8.1.b Table of Contents Executive Summary 1 Certification 57 Identification of the Appraisal Problem 3 Assumptions and Limiting Conditions 59 Subject Description 3 Addenda Sale History 3 A. Appraiser Qualifications Pending Transactions 3 B. IRR Quality Assurance Survey Appraisal Purpose 4 C. Definitions Value Type Definitions 4 D. Comparable Data Property Rights Definitions 4 E. Preliminary Title Report Client and Intended User(s) 5 Intended Use 5 Applicable Requirements 5 Report Format 5 Prior Services 5 Appraiser Competency 5 Scope of Work 6 Economic Analysis 8 Seattle MSA Area Analysis 8 Surrounding Area Analysis 17 Regional Housing Market Trends 21 Property Analysis 25 Land Description and Analysis 25 Improvements Description and Analysis 37 Real Estate Taxes 42 Highest and Best Use 43 Valuation 45 Valuation Methodology 45 Land Valuation 46 Analysis and Adjustment of Sales 49 Property Adjustments 52 Land Value Conclusion 55 Reconciliation and Conclusion of Value 56 Final Opinion of Value 56 Exposure Time 56 Jnati Investments Property irr Packet Pg. 307 8.1.b Executive Summary 1 Executive Summary Property Name Jnati Investments Property Address 7317 Lake Ballinger Way Edmonds, Snohomish County, Washington 98026 Property Type Single -Family Residential - Single Family Residence Owner of Record Jnati Investment, LLC Tax ID 00488800702700 Land Area 0.55 acres; 23,958 SF Waterfront Feet 90 Feet Zoning Designation RSW-12, Waterfront Single -Family Highest and Best Use Single-family residential development Exposure Time 3-6 months Effective Date of the Appraisal August 3, 2023 Date of the Report March 12, 2024 Property Interest Appraised Fee Simple Sales Comparison Approach Number of Sales 5 Range of Sale Dates Jan 18 to Jul 23 Range of Prices per Property (Unadjusted) $306,700 - $699,000 Market Value Conclusion $520,000 ($21.70/SF); ($5,777/WF) The values reported above are subject to the definitions, assumptions, and limiting conditions set forth in the accompanying report of which this summary is a part. No party other than City of Edmonds may use or rely on the information, opinions, and conclusions contained in the report. It is assumed that the users of the report have read the entire report, including all of the definitions, assumptions, and limiting conditions contained therein. Extraordinary Assumptions and Hypothetical Conditions The value conclusions are subject to the following extraordinary assumptions. An extraordinary assumption is an assignment -specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions. 1. None The value conclusions are based on the following hypothetical conditions. A hypothetical condition is a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. 1. None The use of any extraordinary assumption or hypothetical condition may have affected the assignment results. Jnati Investments Property irr Packet Pg. 308 8.1.b Executive Summary Strengths and Weaknesses The analyses presented in this report consider the internal strengths and weaknesses of the subject property. The overall valuation influences are summarized in the following table: Valuation Influences Strengths • Approximately 90 feet of water frontage along Lake Ballinger. • Can be developed with a single-family residence. Weaknesses • Very steep access from Lake Ballinger Way. • Accessible only by Lake Ballinger Way which has high traffic counts (44,000 annual traffic in 2022). • High traffic noise. • Designated wetlands along the waterfront prohibit any development along the shore (dock, boathouse, etc.). • Residential development is restricted to the existing 2,413 square foot building pad. • Existing improvements are hazardous and not habitable. • Site has historical flooding issues and is located within a FEMA 100-year flood hazard area. Jnati Investments Property 2 ®rr Packet Pg. 309 8.1.b Identification of the Appraisal Problem Identification of the Appraisal Problem Subject Description The subject is an existing one-story single-family residence containing 2,413 square feet with an 840 square foot detached garage which were built in 1944. The house is not habitable, was stripped down to the studs and foundation, and was boarded up as of the effective date. The garage is being used as storage space and has not been stripped down but is in poor condition with signs of debris and falling insulation throughout. Access to the property is via two steep dirt driveways directly off Lake Ballinger Way (NE 205th Street) which is a busy, primary thoroughfare in the area. The property has approximately 90 feet of lake frontage along Lake Ballinger with views of the lake and an access dock. The dock could not be observed during the inspection and its condition is unknown, but it was reported to be in unusable condition. The site is overgrown and access to much of the northern portion of the subject site was unavailable during our inspection. The site has a history of flooding and there is evidence of vagrant activity both in the interior of the home and garage. The property has been vacant for approximately 10 years. A legal description of the property is provided in the addenda. Property Identification Property Name Jnati Investments Property Address 7317 Lake Ballinger Way Edmonds, Washington 98026 Tax ID 00488800702700 Owner of Record Jnati Investment, LLC Sale History The most recent closed sale of the subject is summarized as follows: Sale Date June 13, 2017 Seller Le Phong Buyer Jnati Investment, LLC Sale Price $425,000 Recording Instrument Number E086322 No known sales or transfers of ownership have taken place within a three-year period prior to the effective appraisal date. Pending Transactions To our knowledge, the property is not subject to an agreement of sale or an option to buy, nor is it listed for sale, as of the effective appraisal date. Per MLS #1382857, the property was last listed in Jnati Investments Property 01rr Packet Pg. 310 8.1.b Identification of the Appraisal Problem November 2018 for $550,000 or $22.96 per square foot. The structure was advertised as a tear down in this listing which expired after 359 days on market. Appraisal Purpose The purpose of the appraisal is to develop the following opinion(s) of value: The market value of the fee simple interest in the subject property as of the effective date of the appraisal, August 3, 2023 The date of the report is March 12, 2024. The appraisal is valid only as of the stated effective date or dates. Value Type Definitions The definitions of the value types applicable to this assignment are summarized below. Market Value 4 The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.1 Property Rights Definitions The property rights appraised which are applicable to this assignment are defined as follows. Fee Simple Estate Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.z 1 Code of Federal Regulations, Title 12, Chapter I, Part 34.42[h]; also Interagency Appraisal and Evaluation Guidelines, Federal Register, 75 FIR 77449, December 10, 2010, page 77472 Z Appraisal Institute, The Dictionary of Real Estate Appraisal, 7th ed. (Chicago: Appraisal Institute, 2022) Jnati Investments Property 01rr Packet Pg. 311 8.1.b Identification of the Appraisal Problem Client and Intended User(s) The client and intended user is City of Edmonds. No other party or parties may use or rely on the information, opinions, and conclusions contained in this report. Intended Use The intended use of the appraisal is for property acquisition purposes. The appraisal is not intended for any other use. Applicable Requirements This appraisal report conforms to the following requirements and regulations: • Uniform Standards of Professional Appraisal Practice (USPAP); • Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute; • Applicable state appraisal regulations. Report Format Standards Rule 2-2 (Content of a Real Property Appraisal Report) contained in the Uniform Standards of Professional Appraisal Practice (USPAP) requires each written real property appraisal report to be prepared as either an Appraisal Report or a Restricted Appraisal Report. This report is prepared as an Appraisal Report as defined by USPAP under Standards Rule 2-2(a), and incorporates practical explanation of the data, reasoning, and analysis used to develop the opinion of value. Prior Services USPAP requires appraisers to disclose to the client any other services they have provided in connection with the subject property in the prior three years, including valuation, consulting, property management, brokerage, or any other services. We have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding the agreement to perform this assignment. Appraiser Competency No steps were necessary to meet the competency provisions established under USPAP. The assignment participants have appraised several properties similar to the subject in physical, locational, and economic characteristics, and are familiar with market conditions and trends; therefore, appraiser competency provisions are satisfied for this assignment. Appraiser qualifications and state credentials are included in the addenda of this report. Jnati Investments Property irr Packet Pg. 312 8.1.b Scope of Work Scope of Work Introduction The appraisal development and reporting processes require gathering and analyzing information about the assignment elements necessary to properly identify the appraisal problem. The scope of work decision includes the research and analyses necessary to develop credible assignment results, given the intended use of the appraisal. Sufficient information includes disclosure of research and analyses performed and might also include disclosure of research and analyses not performed. M To determine the appropriate scope of work for the assignment, the intended use of the appraisal, the needs of the user, the complexity of the property, and other pertinent factors were considered. The concluded scope of work is described below. Research and Analysis The type and extent of the research and analysis conducted are detailed in individual sections of the report. The steps taken to verify comparable data are disclosed in the addenda of this report. Although effort has been made to confirm the arms -length nature of each sale with a party to the transaction, it is sometimes necessary to rely on secondary verification from sources deemed reliable. Subject Property Data Sources The legal and physical features of the subject property, including size of the site and improvements, flood plain data, seismic zone designation, property zoning, existing easements and encumbrances, access and exposure, and condition of the improvements (as applicable) were confirmed and analyzed. Contacts In addition to public records and other sources cited in this appraisal, information pertaining to the subject was obtained from the following party: Russell Lynch, Associate Engineer, City of Edmonds. Inspection Details regarding the property inspection conducted as part of this appraisal assignment are summarized as follows: Property Inspection Party Inspection Type Inspection Date Inspection Details Jason Neary On -site August 3, 2023 IRR Seattle Lori E. Safer, MAI, AI-GRS On -site August 3, 2023 IRR Seattle Russell Lynch On -site August 3, 2023 City of Edmonds Jnati Investments Property 01rr Packet Pg. 313 8.1.b Scope of Work 7 Valuation Methodology Three approaches to value are typically considered when developing a market value opinion for real property. These are the cost approach, the sales comparison approach, and the income capitalization approach. Use of the approaches in this assignment is summarized as follows: Approaches to Value Approach Applicability to Subject Use in Assignment Cost Approach Not Applicable Not Utilized Sales Comparison Approach Applicable Utilized Income Capitalization Approach Not Applicable Not Utilized The sales comparison approach is the most reliable valuation method for the subject due to the following: There is an active market for similar properties, and sufficient sales data is available for analysis. • This approach directly considers the prices of alternative properties having similar utility. • This approach is typically most relevant for owner -user properties. The cost approach is not applicable to the assignment because: • The age of the property would limit the reliability of an accrued depreciation estimate. This approach is not typically used by market participants, except for new (or proposed) or nearly new properties. The income capitalization approach is not applicable to the assignment considering the following: • There is not an active rental market for similar properties that would permit us to develop a reliable estimate of the property's income generating potential. • This approach does not reflect the primary analysis undertaken by a typical purchaser. • Similar properties are typically owner -occupied, decreasing the reliability of this approach Jnati Investments Property 01rr Packet Pg. 314 8.1.b Seattle MSA Area Analysis Economic Analysis Seattle MSA Area Analysis The Seattle -Tacoma -Bellevue Metropolitan Statistical Area (hereafter called the Seattle MSA) lies in the northwest corner of the continental United States on Puget Sound, a saltwater arm of the Pacific Ocean 110 miles to the west. Situated in western Washington, the Seattle MSA is 5,872 square miles in size and is the 151h most populous metropolitan area in the nation. The Seattle MSA, as defined by the U.S. Office of Management and Budget, comprises King, Pierce and Snohomish Counties and has the largest concentration of population north of San Francisco and west of Chicago. Victoria 0 Everett 0 Olympic 0 / National Park )) Seattleo oBellevue Olympic National Forest J Tacoma o Olymopia COLVILLE RESERVATIO Forest Wenatchee G WASHINGTON Moses Lake Ellensburg O Yakima 0 Map data C2019 Google Seattle is the economic and cultural capital of the northwestern United States. With a number of major corporations headquartered in or near the city, Seattle is also the leading financial center of the Pacific Northwest. Both Seattle and Tacoma possess modern ports on excellent deep -water harbors and as a result, the Seattle MSA has good transportation connections to the outside world. The growth of the Pacific Northwest helped propel Seattle to its current stature and the economic expansion of the Pacific Rim is expected to sustain the Seattle MSA's growth well into the future. Population The Seattle MSA has an estimated 2023 population of 4,090,711, which represents an average annual 0.6% increase over the 2020 census of 4,018,762. The Seattle MSA added an average of 23,983 residents per year over the 2020-2023 period, but its annual growth rate lagged the State of Washington rate of 0.7%. Jnati Investments Property 01rr Packet Pg. 315 8.1.b Seattle MSA Area Analysis 9 Looking forward, the Seattle MSA's population is projected to increase at a 0.8% annual rate from 2023-2028, equivalent to the addition of an average of 32,722 residents per year. The Seattle MSA's growth rate is expected to lag that of Washington, which is projected to be 0.9%. Population Trends Population Compound Ann. %Chng 2020 Census 2023 Estimate 2028 Projection 2020 - 2023 2023 - 2028 Seattle MSA 4,018,762 4,090,711 4,254,322 0.6% 0.8% King County 2,269,675 2,299,856 2,378,225 0.4% 0.7% Snohomish County 827,957 849,977 893,306 0.9% 1.0% Pierce County 921,130 940,878 982,791 0.7% 0.9% Washington 7,705,281 7,863,719 8,204,278 0.7% 0.9% Source: Claritas Employment Total employment in the Seattle MSA was estimated at 2,144,700 jobs at year-end 2022. Between year-end 2012 and 2022, employment rose by 381,400 jobs, equivalent to a 21.6% increase over the entire period. There were gains in employment in nine out of the past ten years. Consistent with national trends, there were significant losses in 2020, with the onset of the COVID-19 pandemic, followed by a return to positive growth in 2021. The Seattle MSA's rate of employment growth over the last decade surpassed that of Washington, which experienced an increase in employment of 21.3% or 630,100 jobs over this period. A comparison of unemployment rates is another way of gauging an area's economic health. Over the past decade, the Seattle MSA unemployment rate has been consistently lower than that of Washington, with an average unemployment rate of 4.9% in comparison to a 5.6% rate for Washington. A lower unemployment rate is a positive indicator. Recent data shows that the Seattle MSA unemployment rate is 3.0% in comparison to a 3.5% rate for Washington, a positive sign for the Seattle MSA economy but one that must be tempered by the fact that the Seattle MSA has underperformed Washington in the rate of job growth over the past two years. Jnati Investments Property 01rr Packet Pg. 316 8.1.b Seattle MSA Area Analysis Employment Trends Total Employment (Year End) Unemployment Rate (Ann. Avg.) Year Seattle MSA Change Washington Change Seattle MSA Washington 2012 1,763,300 2013 1,813,700 2014 1,866,900 2015 1,921,800 2016 1,982,400 2017 2,026,300 2018 2,069,000 2019 2,123,000 2020 1,963,200 2021 2,075,800 2022 2,144,700 Overall Change 2012-2022 381,400 Avg Unemp. Rate 2012-2022 Unemployment Rate -April 2023 2.9% 2.9% 2.9% 3.2% 2.2% 2.1% 2.6% -7.5% 5.7% 3.3% 21.6% 2,954,500 3,023,600 3,106,600 3,188,700 3,286,800 3,361,600 3,433,700 3,508,300 3,264,800 3,469,900 3,584,600 630,100 2.3% 2.7% 2.6% 3.1% 2.3% 2.1% 2.2% -6.9% 6.3% 3.3% 21.3% 7.0% 5.3% 5.1% 4.6% 4.3% 4.0% 3.7% 3.3% 8.3% 4.7% 3.4% 4.9% 3.0 % 7.6% 6.7% 5.9% 5.4% 5.2% 4.7% 4.4% 4.3% 8.4% 5.2% 4.2% 5.6% 3.5% 10 Source: U.S. Bureau of Labor Statistics and Moody's Anal ytics. Employment figures are from the Current Employment Survey (CES). Unemployment rates are from the Current Pop uI ation Survey (CPS). The figures are not seasonal I adjusted. Employment Sectors The composition of the Seattle MSA job market is depicted in the following chart, along with that of Washington. Total employment for both areas is broken down by major employment sector, and the sectors are ranked from largest to smallest based on the percentage of Seattle MSA jobs in each category. Jnati Investments Property 01rr Packet Pg. 317 8.1.b Seattle MSA Area Analysis Employment Sectors - 2022 0% 5% 10% 15% 20% Professional and Business Services Trade; Transportation; and Utilities Education and Health Services Government Leisure and Hospitality Manufacturing Information Mining & Construction Financial Activities Other Services ■ Seattle MSA ■ Washington Source: U.S. Bureau of Labor Statistics and Moody's Analytics The Seattle MSA has greater concentrations than Washington in the following employment sectors: 11 1. Professional and Business Services, representing 18.7% of Seattle MSA payroll employment compared to 15.5% for Washington as a whole. This sector includes legal, accounting, and engineering firms, as well as management of holding companies. 2. Manufacturing, representing 7.6% of Seattle MSA payroll employment compared to 7.5% for Washington as a whole. This sector includes all establishments engaged in the manufacturing of durable and nondurable goods. 3. Information, representing 6.7% of Seattle MSA payroll employment compared to 4.8% for Washington as a whole. Publishing, broadcasting, data processing, telecommunications, and software publishing are included in this sector. 4. Financial Activities, representing 4.8% of Seattle MSA payroll employment compared to 4.6% for Washington as a whole. Banking, insurance, and investment firms are included in this sector, as are real estate owners, managers, and brokers. The Seattle MSA is underrepresented in the following sectors: Jnati Investments Property 01rr Packet Pg. 318 8.1.b Seattle MSA Area Analysis 12 1. Trade; Transportation; and Utilities, representing 17.2% of Seattle MSA payroll employment compared to 17.5% for Washington as a whole. This sector includes jobs in retail trade, wholesale trade, trucking, warehousing, and electric, gas, and water utilities. 2. Education and Health Services, representing 13.8% of Seattle MSA payroll employment compared to 14.7% for Washington as a whole. This sector includes employment in public and private schools, colleges, hospitals, and social service agencies. 3. Government, representing 12.5% of Seattle MSA payroll employment compared to 16.1% for Washington as a whole. This sector includes employment in local, state, and federal government agencies. 4. Leisure and Hospitality, representing 8.9% of Seattle MSA payroll employment compared to 9.3% for Washington as a whole. This sector includes employment in hotels, restaurants, recreation facilities, and arts and cultural institutions. Major Employers Major employers in the Seattle MSA are shown in the following table. Major Employers - Seattle MSA Name Number of Employees 1 Amazon 65,000 2 Boeing 60,244 3 Joint Base Lewis-McChord* 55,000 4 Microsoft 50,402 5 Providence 31,400 6 University of Washington Seattle 26,136 7 Walmart Inc.** 23,000 8 Multicare Health System 22,000 9 Fred Meyer and QFC (Kroger Inc.) Stores*** 22,000 10 Costco Wholesale Corporation 18,045 *Active duty and civilian and contract employees **Total employment in Washington State, corporate.walmart.com/about/washington ***Total empl oyment i n Washington State, Seattle Times, "Fred Meyer, QFC workers s truggl e i n Washington to make ends meet, n ew r epo rt shows"(1/19/2022) Sources: Axios Seattle, "Micosoft cuts nearly 900 Seattle -area workers" (1/19/2023); www.aboutamazon.com; "UW Staff Demographic Baseline Report, December 2020," http://hr.uw.edu; www.multicare.org/newsroom/multicare-facts/; Puget Sound Book of Lists 2019 (rev. 7/30/2020); The Business Journals, www.bizjournal s.com; home.army.mi 1/1 ewi s-mcchord/i ndex.php/a bout Gross Domestic Product The Seattle MSA is the ninth largest metropolitan area economy in the nation based on Gross Domestic Product (GDP). Economic growth, as measured by annual changes in GDP, has been considerably higher in the Seattle MSA than Washington overall during the past decade. The Seattle MSA has grown at a 4.9% average annual rate while Washington has grown at a 4.0% rate. The Seattle MSA continues to perform better Jnati Investments Property 01rr Packet Pg. 319 8.1.b Seattle MSA Area Analysis 13 than Washington. GDP for the Seattle MSA rose by 7.7% in 2021 while Washington's GDP rose by 6.7%. The Seattle MSA has a per capita GDP of $103,156, which is 39% greater than Washington's GDP of $74,319. This means that Seattle MSA industries and employers are adding relatively more value to the economy than their counterparts in Washington. Gross Domestic Product ($,000S) ($,000s) Year Seattle MSA %Change Washington %Change 2011 256,699,588 387,745,200 2012 269,458,587 5.0% 400,530,600 3.3% 2013 279,660,342 3.8% 410,873,900 2.6% 2014 291,560,585 4.3% 424,467,600 3.3% 2015 303,613,979 4.1% 441,952,100 4.1% 2016 315,433,699 3.9% 458,263,800 3.7% 2017 335,073,627 6.2% 482,007,000 5.2% 2018 361,521,592 7.9% 515,029,100 6.9% 2019 375,997,193 4.0% 533,150,400 3.5% 2020 384,268,122 2.2% 538,856,100 1.1% 2021 413,816,976 7.7% 575,129,000 6.7% Compound % Chg (2011-2021) 4.9% 4.0% GDP Per Capita 2021 $103,156 $74,319 Source: U.S. Bureau of Economic Analysis and Moody's Analytics; data released December 2022. The release of state and local GDP data has a longer lag time than national data. The data represents inflation -adjusted ""rea I"" GDP stated in 2012 dollars. Household Income The Seattle MSA is more affluent than Washington. Median household income for the Seattle MSA is $106,235, which is 18.8% greater than the corresponding figure for Washington. Median Household Income - 2023 Median Seattle MSA $106,235 Washington $89,445 Comparison of Seattle MSA to Washington + 18.8% Source: Claritas The following chart shows the distribution of households across twelve income levels. The Seattle MSA has a greater concentration of households in the higher income levels than Washington. Specifically, 65% of Seattle MSA households are at the $75,000 or greater levels in household income as compared to 58% of Washington households. A lesser concentration of households is apparent in the middle income levels, as 21% of Seattle MSA households are between the $35,000 - $75,000 levels in household income versus 25% of Washington households. irr Jnati Investments Property Packet Pg. 320 8.1.b Seattle MSA Area Analysis Household Income Distribution - 2023 $500,000 and more $250,000 - 499,999 $200,000 - $249,999 $150,000 - $199,999 $125,000 - $149,999 $100,000 - $124,999 $75,000 - $99,999 $50,000 - $74,999 $35,000 - $49,999 $25,000 - $34,999 $15,000 - $24,999 Less than $15,000 0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 12.0% 14.0% 16.0% 18.0% ■ Seattle MSA ■ Washington Source: Claritas Education and Age 14 Residents of the Seattle MSA have a higher level of educational attainment than those of Washington. An estimated 44% of Seattle MSA residents are college graduates with four-year degrees, versus 37% of Washington residents. People in the Seattle MSA are slightly younger than their Washington counterparts. The median age for the Seattle MSA is 38 years, while the median age for Washington is 39 years. Education & Age - 2023 Percent College Graduate 80% 70% 60 50% 40% 30% 20% 10% Seattle MSA Washington Source: Claritas Jnati Investments Property 50 45 40 35 30 25 20 15 10 Median Age Seattle MSA Washington 01rr Packet Pg. 321 8.1.b Seattle MSA Area Analysis Conclusion 15 The Seattle MSA economy will benefit from a growing population base and higher income and education levels. The Seattle MSA experienced growth in the number of jobs and has maintained a consistently lower unemployment rate than Washington over the past decade. Moreover, the Seattle MSA exhibits both a higher rate of GDP growth and a higher level of GDP per capita than Washington overall. It is anticipated that the Seattle MSA economy will improve and employment will grow, strengthening the demand for real estate. Jnati Investments Property 01rr Packet Pg. 322 8.1.b Seattle MSA Area Analysis Area Map r"M Port Townsend �'Agnlw Jnati Investments Property Camano Arlington Marysville Everett Mukilteo Puget Sound '0 Monroe Edmonds Lynnwood Richmond Shoreline Highlands `-' Kirkland Redmond � I i _a Seattle Sammamish Bremerton Mercer'O ee Island Issaquah Shorewood North Bend Burien Renton 5 16 Mourt Baker-Sf National F At 167 leal Kent wa Covington •g z_•Za 6U_rosot: c.Txatior ® z:Qa rcmT:;m N L Q Q. Q CU U- N C d E t 0 Q r�+ C d E t V f� w Q ®rr Packet Pg. 323 8.1.b Surrounding Area Analysis 17 Surrounding Area Analysis The subject is located in the Lake Ballinger area of the City of Edmonds. This area is located between Interstate 5 to the east and Aurora Avenue N (Highway 99) to the west. Adjacent communities include Lynnwood to the north, Mountlake Terrace to the east, Shoreline to the south, and Richmond Beach to the west. Area boundaries and delineation are indicated in the following table. A map identifying the location of the property follows this section. Boundaries & Delineation Boundaries Market Area City of Edmonds Submarket Lake Ballinger Area Type Urban Delineation North 220th St. SW South NE 205th St East Interstate 5 West Highway 99 Access and Linkages Primary access and linkages to the subject area, including highways, roadways, public transit, traffic counts, and airports, are summarized in the following table. Access & Linkages Vehicular Access Major Highways Interstate 5 & Highway 99 Primary Corridors Interstate 5 & Highway 99 Vehicular Access Rating Average Public Transit Providers Community Transit Nearest Stop/Station N 205th St. & 1st Ave NE Transit Access Rating Average Airport(s) Name Seatac Distance 25 Miles South Driving Time 1 hour Primary Transportation Mode Automobile The subject benefits from having lake views and access but is also located adjacent to a busy road with high traffic noise, which is a negative factor for residential use. Overall site use is average. The subject is proximate to numerous commercial services along Highway 99 and N 2051h St., and given the subject's proximity to Interstate 5, access to areas along the 1-5 corridor is good. Overall vehicular access to the site is average. irr Jnati Investments Property Packet Pg. 324 8.1.b Surrounding Area Analysis 18 Demand Generators The typical generators of demand affecting the subject property and its market are discussed and analyzed below. Employment and Employment Centers Major employers include Primera Blue Cross, the City of Mountlake Terrace, the Edmonds School District, and Boeing. The area also is proximate to the downtown Seattle business hub which is approximately a 30-minute commute depending on traffic levels. Access to employment centers in other submarkets is a major demand driver. Nearby Retail Uses The nearest shopping facilities serving the area are along Aurora Avenue North (Highway 99) which is approximately one mile west of the subject. An array of both nationally branded and locally owned businesses are located along this corridor. Approximately one mile southwest of the subject property is a shopping center that includes Costco, The Home Depot, Petco, and UW Medicine Primary Care at Shoreline. Additionally, the Ballinger Village shopping center is located approximately one mile east of the subject, just east of 1-5 in Mountlake Terrace. This shopping center features a Regal Cinebarre theater as well as nationally branded and locally owned restaurants and retail services. Overall proximity to retail services is good. Demographics A demographic profile of the surrounding area, including population, households, and income data, is presented in the following table. Surrounding Area Demographics 98026 (Edmonds, Snohomish 2023 Estimates 1-Mile Radius 3-Mile Radius 5-Mile Radius WA) County Washington Population 2020 16,248 136,556 290,034 38,490 827,957 7,705,281 Population 2023 16,332 138,645 293,752 38,799 849,977 7,863,719 Population 2028 16,687 143,395 302,938 39,614 893,306 8,204,278 Compound %Change 2020-2023 0.2% 0.5% 0.4% 0.3% 0.9% 0.7% Compound %Change 2023-2028 0.4% 0.7% 0.6% 0.4% 1.0% 0.9% Households 2020 7,051 55,194 119,371 15,268 306,828 2,974,692 Households 2023 7,059 56,104 120,778 15,359 314,081 3,029,278 Households 2028 7,189 58,152 124,553 15,654 329,410 3,157,573 Compound %Change 2020-2023 0.0% 0.5% 0.4% 0.2% 0.8% 0.6% Compound %Change 2023-2028 0.4% 0.7% 0.6% 0.4% 1.0% 0.8% Median Household Income 2023 $89,838 $102,286 $100,978 $108,588 $99,687 $89,445 Average Household Size 2.3 2.4 2.4 2.5 2.7 2.5 College Graduate% 42% 47% 47% 40% 33% 37% Median Age 42 42 42 44 39 39 Owner Occupied % 51% 66% 62% 73% 68% 63% Renter Occupied % 49% 34% 38% 27% 32% 37% Median Owner Occupied Housing Value $688,189 $742,518 $754,566 $729,394 $622,826 $510,382 Median Year Structure Built 1976 1970 1974 1974 1989 1983 Average Travel Time to Work in Minutes 37 35 35 36 37 31 Source: Claritas As shown above, the current population within a 3-mile radius of the subject is 138,645, and the average household size is 2.4. Population in the area has grown since the 2020 census, and this trend Jnati Investments Property 01rr Packet Pg. 325 8.1.b Surrounding Area Analysis 19 is projected to continue over the next five years. Compared to Snohomish County overall, the population within a 3-mile radius is projected to grow at a slower rate. Median household income is $102,286, which is higher than the household income for Snohomish County. Residents within a 3-mile radius have a considerably higher level of educational attainment than those of Snohomish County, while median owner -occupied home values are considerably higher These demographic factors combined with the employment base discussed previously provide the basis of demand for residential housing in this area. Land Use Predominant land uses in the immediate vicinity of the subject include a mix of multifamily and single- family residential uses. Land use characteristics of the area are summarized below. Immediate Surroundings North Lake Ballinger South Multifamily Residential East Single-family Residential West Single-family Residential Outlook and Conclusions The area is in the stable stage of its life cycle. The economic outlook of the area is tied to Snohomish County and the Seattle MSA overall, which has seen an increase in population and a decrease in unemployment. Given the history of the area and the growth trends, it is anticipated that property values will increase as the economy continues to improve. Jnati Investments Property 01rr Packet Pg. 326 8.1.b Surrounding Area Analysis Surrounding Area Map 20 — a Lnkn•e+r Dr 238th St SW 7 ` f a t 240th St SW 3 n C Lake Ballinger Q 0 7911Q 241st St SW Nile Shrine > Golf Club is ,= 242nd St SW a i I t71 L •O 104 Firdale o�ds Village �dy z N-205th St- - N 205th St - - Lake Ballinger -Way - - - - - - - - - 244th St SW_ _ .244ty` t 104 Center � PyeN N 203rd St aH Z Q N 2Wst St a, o N 200th St _ a b Z Z Holyrood Catholic v :3 Q' o > Cemetery z Q N 199th St Z Q ZN148th5[01 s Z d Z NE 198th 5 Mlcrosoh r > a i N 1yt;ih P1 t>� n airtt� .: a v c 4D,,20i4 Mscrosoh Q6 2J24 TomTomr Jnati Investments Property 01rr N L Q CL Q CU IL N C d E t 0 Q r�+ C d t V f� w Q Packet Pg. 327 8.1.b Regional Housing Market Trends 21 Regional Housing Market Trends Pre COVID-19, the five -county Puget Sound region (King, Snohomish, Pierce, Kitsap and Thurston counties) was one of the hottest single-family markets in the country and the Seattle market itself consistently ranked among the country's top markets. The following section tracks data from mid- 2005 through June 2023. Sales Volume —All Homes One of the most basic indicators of market conditions is change in the volume of home sales, which is summarized in the following graph. Change in the Volume of Home Sales* 3,000 Change in sales vs. same month one year earlier -Trend line I Z O - 1 -1,000 u E -2,000 -3,000 o' a;o�a;o�a;o�a o�a;o�a;o�a o�a;o�a;o�a ova o�a;o�a o�a;o�a;o�¢ o�a;o�a;o�a Over -the -year change in the number of homes sold per month in the Puget Sound region Source: Northwest Multiple Listing Service The last twelve months saw a decrease in sales volume year over year for every month of the preceding twelve months which is a continuation of the sales volume trend from the prior year. March 2022 saw the only increase at 1.4% and May 2022 say an increase of 3.0%. The largest decreases occurred in the 4t" Quarter of 2022, due to rising interest rates, however the 2nd Quarter of 2023 also saw substantial decreases. The last time the area experienced this large a decrease was in the great recession between 2006 and 2009. Days on Market — New Homes The following graph illustrates the time that new houses sit on the market before they are sold, as measured in median days on the market (DOM). To eliminate seasonal variation, we analyze the over - the -year change in median DOM for each month between April 2005 and June 2023; as can be seen in the following graph. Jnati Investments Property 01rr Packet Pg. 328 8.1.b Regional Housing Market Trends 22 Time on Market* Trend for New Homes 40 20 III i Ill 0 S -20 S Change in days on market vs. same month one year earlier Trend line cti.a �.�ni�..n.11 mm �� mw�mmm o 000ry NN Nry N N N rvN 00000000000000000000000�� a;o °¢;o �¢;o °a;o °¢;o¢;o °a;o �¢;o;¢;o °a;o * Change in median days on market vs. same month one year earlier Source: Northwest Multiple Listing Service Between June 2022 and June 2023, median days on market for new construction increased from 6 days in June 2022 to 18 days in June 2023. Days on market has been steadily increasing since September 2022, hitting a high of 31 days in January 2023. The first quarter of 2023 has since seen the most days on market since 2019. When all homes are analyzed, the trend is similar, 40 days in January 2023. However, for all homes, the days on market has dropped back down to 6 during the 2"d Quarter of 2023, an indication of pent-up demand. New Home Price Trends After 15 years of fairly steady increases, the median new home price in the Puget Sound region began falling in 2008, mirroring a trend that began nationwide more than two years previously. After the recession, new home prices have steadily increased with a slowdown during the Pandemic, as can be seen in the following graph. New Home Price Trends in the Puget Sound Region* $1,000 25% $900 20 $800 01.1 15% AA $700 MI, 4 0% $600 A lip a.� 5% m 0% r $400 $.. a` -5% a1pi m w ry Median sale price ($000) y $100 ..... .... ..... ....... Over the change 15% o' Over -the -year a g $0 -20 �00000000000000000000000000��wwwo,m�moHooNNNHNNNNNN a o;a o;a o;a';o;a�^o;a o;a°';o;a';o;a';o;a o;a o;a;o;a';o;a°';o;a o;a o;a;o;a';0-1, 0;a' * For all new detached single-family homes sold, by month, in the Puget Sound region Source: Northwest Multiple Listing Service Over the past 12 months, the median list price of new homes fell by $95,000 (-11.9%) from $794,990 to $699,990, due to the rise in interest rates. The median sale price of new homes fell by $98,557 (- 12.3%) from $799,950 to $701,393. When all homes are considered, the median list price of $699,000 is effectively the same as 12 months ago ($700,000), but the median sale price of $705,000 is 2.8% lower than June 2022. Jnati Investments Property 01rr Packet Pg. 329 8.1.b Regional Housing Market Trends 23 Sale Price vs. Listing Price A final indicator of the strength of the housing market is the ratio of sale price to listing price, which can be seen in the following graph. New Home Sale Price:List Price Ratio* 104% 103 102% 101 100% ............ a 98% ._.. _......_......... _. _......., 97% 6 rSale priceas a%oflist price 95% Linear (Sale price as a%of list price) v 94% oL o�¢ o,a;o,a;o�a- o,a;o,a;o,a;o,a ova " Median sale price divided by median list price for all new homes sold Source: Northwest Multiple Listing Service The ratio has generally improved since the beginning of 2009. In the past twelve months, the ratio has fluctuated between a low of 98.24% (January 2023) to a high of 101.18% (July 2022); effectively, homes are selling at just about list price, although the trend for new homes is just below the list price. As of the June 2023, the ratio stands at 100.20%. The ratio has consistently been at about 100% for the last 12 months, indicating a continuation of a strong seller's market, although it has fallen below 100% for the past seven out of the last twelve months. When analyzing all homes in the market, the ratio reflects the new home market, currently standing at 100.86% in June 2023, down from 103.57% from a year ago. Supply and Demand The following table and graph show the balance of supply and demand for new homes by price range in the five -county Puget Sound region at the end of June 2023, broken down by price point. Supply of vs. Demand for New Homes by Price Point 600 400 v E 0 200 0 m rn m � 0 v. o0 Price Range ($000) o Homes Availab 0 Homes Sold** -Months Supply on m rn rn on m on or, n m m a m m m m or, o r� m v rn io n w m o 6111 o o'. 03 0 0 0 0o0 N V V n M tP ,n **All homes sold in the 6 months between 01/01/2023 - 06/30/2023 * Homes available or sales pending as of June 30 2023 Source: Northwest Multiple Listing Service 12 10 8 6 a 4 r 2 0 5 0 irr Jnati Investments Property Packet Pg. 330 8.1.b Regional Housing Market Trends 24 Typically, the single-family market is considered to be in balance if it has a six-month supply of homes. In the current six-month period (January 2023 through June 2023) there were no sales of new homes in the under $199,999 category and only one home in the $200,000 to $299,999 category. Twelve homes sold in the $300,000 to $399,999 category. There is a shortage of homes in all categories, with the largest supply (four months) in the $700,000 to $799,999 category. When all homes are considered, the market is much tighter, with a shortage of homes in all categories except for homes priced above $5,000,000. Housing Market Outlook The Washington State Economic and Revenue Update for June 2023 reports the following: • The economy continues to recover, although high inflation threatens to slow economic growth • The Washington economy continued to expand through the end of 2022. • Washington employment growth in March through May was more than expected. • The Washington unemployment rate declined to 4.1% in May 2023. • Washington housing construction declined throughout 2022 but spiked early in 2023. • Seattle consumer price inflation outpaced the national average in the year ending June 2023. Jnati Investments Property 01rr Packet Pg. 331 8.1.b Land Description and Analysis 25 Property Analysis Land Description and Analysis Location The property is located on the south shore of Lake Ballinger with approximately 145 feet of frontage along Lake Ballinger Way, a primary thoroughfare in the area. The property also has approximately 90 feet of water frontage along Lake Ballinger. The subject property is approximately 0.50 mile west of the intersection of Interstate 5 and Lake Ballinger Way, and approximately 0.70 miles east of the intersection of Aurora Avenue North (Highway 99) and Lake Ballinger Way. Land Area The following table summarizes the subject's land area. Land Area Summary Tax ID SF Acres 00488800702700 23,958 0.55 Shape and Dimensions The site is trapezoidal in shape, with dimensions of approximately 145 feet in width and 165 feet in depth. The site narrows from the south boundary to the north boundary with a width of 145 feet along Lake Ballinger Way and 90 feet of frontage along Lake Ballinger. Site utility based on shape and dimensions is average. Topography The site is steep at the southern boundary of the site where the property has frontage with Lake Ballinger Way, but levels out approximately 45 feet north of the southern boundary. Based on a review of a topological survey dated 07/11/2023, the site descends 8 feet from the two entry driveways that are level with Lake Ballinger Way to the existing homestead. After this descent, the property is generally level with only a slight downward slope toward the shore of Lake Ballinger. The topography does provide challenges entering and leaving the site as the steep driveway connects to busy Lake Ballinger Way and visibility is difficult on such a steep slant. Drainage No particular drainage problems were observed or disclosed at the time of field inspection although we are aware of past flooding at the subject site during heavy storms, especially near the shoreline. This appraisal assumes that surface water collection, both on -site and in public streets adjacent to the subject, is adequate. Jnati Investments Property 01rr Packet Pg. 332 8.1.b Land Description and Analysis 26 Flood Hazard Status The following table indicates applicable flood hazard information for the subject property, as determined by review of available flood maps obtained from the Federal Emergency Management Agency (FEMA). Flood Hazard Status Community Panel Number 53061C1315F Date June 19, 2020 Zone A Description Within 100-yearfloodplain Insurance Required? Yes The subject is located within a FEMA special flood hazard area subject to inundation by the 100-year flood. We are aware of past flooding at the subject site, the most recent to have occurred around 2008 based on conversations with our client. Mandatory flood insurance purchase requirements will be required. Additionally, the ground floor of any structure on the subject site would need to consist of non -habitable area such as storage with living area above that space. It is likely, given the base flood elevation, that the current foundation level could serve as an open ground floor for use as non -habitable space such as storage with living quarters situated on what today would be a second floor. Wetland Delineation A wetland analysis was performed at the subject site by Raedeke Associates, Inc. on 06/28/2023. According to this analysis, one wetland was identified as Wetland 1. Per a summary provided by Raedeke Associates, Inc., the Wetland 1 area would require a minimal development restriction buffer of 165 feet from its boundary. This buffer basically restricts any development on the subject site as a vacant lot as the rear lot line for the subject site is approximately 100 feet from the Wetland 1 designated area. We provide a copy of the Wetland Sketch Map in the upcoming exhibits. Environmental Hazards A Phase I environmental report was prepared for the subject by Landau Associates, dated 04/13/2023. The key findings of the report indicate the subject has had a history of flooding with public records indicating the earliest from 1970 and the most recent from 2008, demolition activity for the structure took place in 2017, an aboveground storage tank was removed from the property in 2017, and debris, some of which would be considered suspect asbestos -containing, was present throughout the site. These key findings aside, the assessment revealed no recognized environmental conditions (RECs), controlled recognized environmental conditions (cRECs), or significant data gaps in connection with the subject property. Based on these findings, no mitigation is warranted. Hazardous Building Materials A hazardous building material survey was prepared for the subject by Landau Associates, dated 04/13/2023. Landau Associates performed a survey for asbestos -containing materials (ACM), lead - containing paint (LCP), polychlorinated -biphenyl (PCB), mercury -containing equipment, and mold at Jnati Investments Property 01rr Packet Pg. 333 8.1.b Land Description and Analysis 27 the subject property. Asbestos was detected in samples taken of red vinyl floor tile. Lead was detected in exterior trim paint and concrete floor paint at the subject's southern entry. There was insufficient data to collect in order to determine PCB or mercury -containing equipment contamination, and there was no evidence of mold contamination within the house or garage structures. We note that the house structure was stripped down to the studs at the time of the survey and samples were taken from materials laying on the ground around the site which were assumed to have been removed from the subject property during demolition in 2017. The report indicates caution in moving forward with any future demolition of the structures based on the findings of the analysis. Ground Stability A soils report was not provided for review. Based on the inspection of the subject and observation of development on nearby sites, there are no apparent ground stability problems. However, soils analyses are beyond the scope of expertise of the assignment participants. It is assumed the subject's soil bearing capacity is sufficient to support the existing improvements. Streets, Access and Frontage Details pertaining to street access and frontage are provided in the following table. Streets, Access and Frontage Street Lake Ballinger Way Frontage Feet 145 Paving Asphalt Curbs Concrete Sidewalks Concrete Lanes 2 way, 2 lanes each way Direction of Traffic East -west Condition Average Traffic Levels High Signals/Traffic Control None Access/Curb Cuts Driveway Visibility Below average Traffic volume is very high along Lake Ballinger Way with the most recent annual counts reported at 44,000 AADT per Washington State Department of Transportation. Additionally, the subject is only accessible via right turn into the site. The entrance drive has a very steep driveway decreasing approximately eight feet (see topographic map) in height from Lake Ballinger Way to the building pad Additionally, driving out of the property is difficult as visibility from the steep drive onto the busy street is limited. Utilities Utilities available to the subject are summarized below. Jnati Investments Property 01rr Packet Pg. 334 8.1.b Land Description and Analysis 28 Utilities Service Provider Water Public Sewer Public Electricity Snohomish County PUD Natural Gas Puget Sound Energy Local Phone Various Zoning The subject is within the Waterfront Single -Family zone. The following table summarizes the applicable zoning requirements affecting the subject. Zoning Summary Zoning Jurisdiction City of Edmonds Zoning Designation RSW-12 Description Waterfront Single -Family Legally Conforming? Appears to be legally nonconforming Zoning Change Likely? No Permitted Uses Single-family dwellings, church, primary school, parks, and open spaces Category Zoning Requirement Minimum Lot Area 12,000 SF Minimum Setbacks (Feet) 15 feet (front), 10 feet (side), 35 feet (rear) Maximum Building Height 25 feet Maximum Site Coverage 35% Maximum Density 3.7 dwelling units per acre Parking Requirement 2 spaces per dwelling unit We had a discussion with Mike De Lilla, City of Edmonds Engineering Department, Leif Bjorback, City of Edmonds Building Department, and David Levitan, City of Edmonds Planning Department about development options for the subject property. According to the Planning Department, the existing house structure is nonconforming for the east side setback and the north side setback. Additionally, it was noted that the renovation permit approved for the current owner to rehab the existing structure had a stoppage put into effect because the renovation costs exceeded the amount in the permit. Based on our discussion, it is our understanding that the property could be developed on the existing foundation with a reasonable use review with the Planning Department; however, this redevelopment would not include using the existing vertical improvements. These would have to be removed for any new construction to begin. It appears that the current use of the site is a legally nonconforming use that pre -dates the current zoning regulations; however, under a reasonable use review, the site could be redeveloped as a single- family residence. irr Jnati Investments Property Packet Pg. 335 8.1.b Land Description and Analysis 29 Other Land Use Regulations Other land use regulations that could affect the property include the City of Edmonds Shoreline Master Program which encourages development that will enhance the present or desired character of the shoreline. The subject shoreline is designated Shoreline Residential III which allows only single- family detached development. No other uses are allowed under this designation. Interpretation of zoning ordinances is beyond the scope of expertise of the assignment participants An appropriately qualified land use attorney should be engaged if a determination of compliance is required. Easements, Encroachments and Restrictions A preliminary title report/ title policy prepared by Chicago Title dated May 31, 2023, was provided. The report identifies exceptions to title, which include various utility and access easements that are typical for a property of this type. Such exceptions would not appear to have an adverse effect on value. The report also identifies exceptions to shoreline use, specifically that which lies beneath the high-water mark of Lake Ballinger to be in favor of the State of Washington. One notable exception includes a notice of limitation and covenant adult family home which allows the use of the existing improvements to be used as an adult daycare with an occupancy maximum of 6 residents along with their caretakers. The covenant stays with the land so long as the present structure and use continues. Given the current structure is not habitable, and is a teardown, this covenant shall not survive. This valuation assumes no adverse impacts from easements, encroachments or restrictions and further assumes that the subject has clear and marketable title. Conclusion of Site Analysis Overall, the physical characteristics and the availability of utilities result in a functional site, suitable for single-family development with a reasonable use review through the City of Edmonds Planning Department. No other restrictions on development are apparent. Jnati Investments Property 01rr Packet Pg. 336 8.1.b Land Description and Analysis 30 Aerial Photograph f €. I Jnati Investments Property 01rr ca N M L Q Q Q U. N C d E L C> �4 r-. w Q C d t t1 R Q Packet Pg. 337 8.1.b Land Description and Analysis Ot a S ,3 i I 1 11 t0 3 R S R os ; Oe o a tt i a cim 01 ►+�.� � �-C rQf e a 31 Jnati Investments Property I irr T) M a a Q U. N _ d E L 0 tQ r-. w Q _ d t t1 R Q Packet Pg. 338 8.1.b Land Description and Analysis Survey my _ ..::."i'.7.�3��m.•.� rem....... �•i. ter. t� -o- e s ■ w.. r. INSs.•�erngS:S�'.� bUUNUANY & IUPUGHAPHIC SURVEY 244TH V CW NR-foal 32 Jnati Investments Property irr M M Q Q C ii N C d E L C> �4 r-, w Q C d E t 0 R Q Packet Pg. 339 8.1.b Land Description and Analysis Flood Hazard Map 33 Jnati Investments Property 01rr Packet Pg. 340 8.1.b Land Description and Analysis Wetland Delineation Map oate:6-29-23 Wetland Sketch Map 7317 Lake Ballinger Way, Edmonds WA Note: Wetland and UHWM Pmjer! N 2023-056-001 boundaries based on hand-held GPS units and have not been surveyed- For planning pugxises only. 34 Jnati Investments Property ®rr Packet Pg. 341 8.1.b Land Description and Analysis Zoning Map :e I s Wi t7Dy I I RS-8 r Park — L �%W-12 I N W 10 AIL � ��ntrfrt1(iii�ii•�� n��n��r� Jnati Investments Property 35 01rr Packet Pg. 342 8.1.b Land Description and Analysis Topographic Map - LAKE BALLINGER i m R - >a '� ion-_ - _______-�--�+-- _ _ - _ ��---' ,__-_ 8"7H Sr SW 'T 36 Jnati Investments Property irr w M Q Q Q �a c ii N C d E L 0 �4 r-u w Q C d t t1 R Q Packet Pg. 343 8.1.b Improvements Description and Analysis 37 Improvements Description and Analysis The following description is based on the inspection of the property. Improvements Description Name of Property Jnati Investments Property General Property Type Single -Family Residential Number of Buildings 2 - garage and residence Stories 1 Construction Class D Construction Type Wood frame Construction Quality Low Condition Poor Gross Building Area (SF) 2,413 Building Area Source Public Records Year Built 1944 Actual Age (Yrs.) 79 Estimated Effective Age (Yrs.) 60 Estimated Economic Life (Yrs.) 60 Remaining Economic Life (Yrs.) 0 Number of Parking Spaces 2 Parking Type Surface There is a 2-car garage onsite in addition to the single-family residence. However, the garage is also in poor condition. The garage door was blocked by trash and debris and the interior is full of debris. The garage is also a complete tear down. All parking is located at the rear of the residence. Construction Details Foundation Concrete Structural Frame Wood Exterior Walls Wood siding Roof Asphalt Shingle HVAC None Improvement Analysis The subject property is improved with a single-family residence which has been stripped down to the studs. Basic framing, subflooring, and foundation is exposed with no finishes remaining. The subject was undergoing renovation in 2017 at which point the City of Edmonds issued a stop work order due to permitting issues. To our knowledge no work has commenced on the property since that stoppage was placed. The improvements are uninhabitable. Quality and Condition The improvements are of low quality construction and are in poor uninhabitable condition. Jnati Investments Property 01rr Packet Pg. 344 8.1.b Improvements Description and Analysis 38 The quality of the subject is inferior to competing properties. Maintenance is inferior to competing properties. Overall, the market appeal of the subject is inferior to competing properties, considering it is not habitable in its current state. Deferred Maintenance As discussed, the property is not habitable in its current state. A complete renovation or tear down and rebuild is needed to cure deferred maintenance items. Personal Property The appraisal assignment is specifically focused on the value of the real property only. Items of personal property are excluded from consideration. Conclusion of Improvements Analysis In comparison to competitive properties in the market, the subject improvements are rated as follows: Improvements Ratings Design and Appearance Below Average Age/Condition Below Average Landscaping Below Average Because the subject is not habitable, the quality, condition, and functional utility of the improvements are below average for their age and location. The improvements, overall, contribute no value to the site. A developer could develop on the existing building pad as long as the habitable portion is above the flood line. All of the existing vertical improvements are not useable. Jnati Investments Property 01rr Packet Pg. 345 8.1.b Improvements Description and Analysis M Exterior View of Subject Property Interior View - From Phase I Report Exterior View of Subject Property Jnati Investments Property Interior View of Subject Property Interior View - From Phase I Report Exterior View of Subject Property 39 01rr Packet Pg. 346 8.1.b Improvements Description and Analysis Exterior View of Subject Property Garage View Interior View of Subject Property Jnati Investments Property Exterior View of Subject Property Garage Interior Site View 40 01rr Packet Pg. 347 8.1.b Improvements Description and Analysis Water View Site View Dock View - From Phase I Report Jnati Investments Property w Water View Entry Gate 41 01rr Packet Pg. 348 8.1.b Real Estate Taxes Real Estate Taxes 42 Real estate taxes in Washington State represent ad valorem taxes, meaning a tax applied in proportion to value. The real estate taxes for an individual property are determined by dividing the assessed value of a property by $1,000, then multiplying by the levy (tax) rate. The levy rate is composed of a statewide tax rate plus one or more local taxing district rates. Assessors are mandated by State law to value property at 100% of market. Real estate taxes and assessments for the current tax year are shown in the following table. Taxes and Assessments - 2022 Assessed Value Taxes and Assessments Ad Valorem Tax ID Land Improvements Total Tax Rate Taxes Past Due Taxes Total 00488800702700 $670,100 $1,400 $671,500 0.827020% $5,553 $1,869 $7,422 We note the subject is delinquent for taxes in the amount of $1,869. Fees and interest accrue daily until paid in full. Based on our analysis of the subject property, the assessed land value is high. Jnati Investments Property 01rr Packet Pg. 349 8.1.b Highest and Best Use 43 Highest and Best Use The highest and best use of a property is the reasonably probable use resulting in the highest value and represents the use of an asset that maximizes its productivity. Process Before a property can be valued, an opinion of highest and best use must be developed for the subject site, both as though vacant, and as improved or proposed. By definition, the highest and best use must be: • Physically possible. • Legally permissible under the zoning regulations and other restrictions that apply to the site • Financially feasible. • Maximally productive, i.e., capable of producing the highest value from among the permissible, possible, and financially feasible uses. As Though Vacant First, the property is evaluated as though vacant, with no improvements. Physically Possible Physical access to the site is very difficult with two access driveways off Lake Ballinger Way. The access driveways are very steep and visibility into and out of the site is poor. Both driveways connect to the street which is very busy, and it is difficult to maneuver a vehicle directly from the steep access points onto the busy road. The steep access is a negative attribute to the site and would have a negative impact on the overall value of the property. This could be alleviated with some engineering and although expensive, is possible. Additionally, the site is encumbered by a wetland delineation. It was communicated to us that due to this delineation, any development to the site would require a reasonable use review with the City of Edmonds Planning Department to determine the effect, if any, of site development in conjunction to the wetlands. As a legal lot, the City of Edmonds cannot restrict development, but it can limit development options to certain areas of the site as well as limit the overall size of any development. Additionally, the site has a history of flooding, and any habitable development would need to be at least one floor above the current foundation level. Legally Permissible The site is zoned RSW-12, Waterfront Single -Family. Permitted uses include single-family dwellings, church, primary school, parks, and open spaces. There are no apparent legal restrictions, such as easements or deed restrictions, effectively limiting the use of the property. As discussed, any development would need to undergo a reasonable use review with the City of Edmonds Planning Department, but this review does not prevent development of the site, it only adds an additional step to the development process. Additional development restrictions include the City of Edmonds Shoreline Master Program which designates the subject shoreline as Shoreline Residential III. This restricts development along the shoreline to only single-family residential. Thus, only single-family residential development is given further consideration in determining highest and best use of the site, as though vacant. Jnati Investments Property 01rr Packet Pg. 350 8.1.b Highest and Best Use Financially Feasible Based on the accompanying analysis of the market, there is currently adequate demand for single- family residential development in the subject's area. It appears a single-family residential development on the site would have a value commensurate with its cost. Therefore, single-family residential development is considered to be financially feasible. Maximally Productive 44 There does not appear to be any reasonably probable use of the site that would generate a higher residual land value than single-family residential development. Accordingly, single-family residential development, developed to the normal market density level permitted by zoning, is the maximally productive use of the property. Conclusion Development of the site for single-family residential development is the only use which meets the four tests of highest and best use. Therefore, it is concluded to be the highest and best use of the property as though vacant. As Improved The subject site is developed with a single-family residence, which is consistent with the highest and best use of the site as though vacant, although the structure is not habitable and has no value contribution. Repurposing the subject property is not possible as no alternate use other than single- family residential is allowed on the site. Expansion options are limited to the existing 2,413 square foot foundation due to proximity to existing wetlands. Most Probable Buyer Taking into account the size and characteristics of the property, the likely buyer is a developer with experience in single-family residential lot development. Jnati Investments Property 01rr Packet Pg. 351 8.1.b Valuation Methodology 45 Valuation Valuation Methodology Appraisers usually consider three approaches to estimating the market value of real property. These are the cost approach, sales comparison approach and the income capitalization approach. The cost approach assumes that the informed purchaser would pay no more than the cost of producing a substitute property with the same utility. This approach is particularly applicable when the improvements being appraised are relatively new and represent the highest and best use of the land or when the property has unique or specialized improvements for which there is little or no sales data from comparable properties. The sales comparison approach assumes that an informed purchaser would pay no more for a property than the cost of acquiring another existing property with the same utility. This approach is especially appropriate when an active market provides sufficient reliable data. The sales comparison approach is less reliable in an inactive market or when estimating the value of properties for which no directly comparable sales data is available. The sales comparison approach is often relied upon for owner -user properties. The income capitalization approach reflects the market's perception of a relationship between a property's potential income and its market value. This approach converts the anticipated net income from ownership of a property into a value indication through capitalization. The primary methods are direct capitalization and discounted cash flow analysis, with one or both methods applied, as appropriate. This approach is widely used in appraising income -producing properties. Reconciliation of the various indications into a conclusion of value is based on an evaluation of the quantity and quality of available data in each approach and the applicability of each approach to the property type. The methodology employed in this assignment is summarized as follows: Approaches to Value Approach Applicability to Subject Use in Assignment Cost Approach Not Applicable Not Utilized Sales Comparison Approach Applicable Utilized Income Capitalization Approach Not Applicable Not Utilized irr Jnati Investments Property Packet Pg. 352 8.1.b Land Valuation Land Valuation 46 To develop an opinion of the subject's land value, as though vacant and available to be developed to its highest and best use, the sales comparison approach is used. This approach develops an indication of value by researching, verifying, and analyzing sales of similar properties. The research focused on transactions within the following parameters: • Location: Skagit, Snohomish, and King Counties • Size: 15,000 SF — 30,000 SF • Use: Single-family residential with lake frontage • Transaction Date: 2018-present Because the subject is a single-family residential lot with lake frontage, our search parameters weigh heavily toward lake frontage single-family residential lots. Data for this property type with lake frontage is limited, thus we expanded our search outward to include the Seattle metro area and pushed our transaction time backward. We feel the sales presented are the best representations of the subject's attributes available. For this analysis, price per overall sale price is used as the appropriate unit of comparison because market participants typically compare sale prices and property values on this basis. All of the comparables have less waterfront feet than the subject. Thus, since we were unable to bracket the subject on a price per waterfront basis, price per waterfront feet was not an appropriate unit of comparison. The most relevant sales are summarized in the following table: Jnati Investments Property 01rr Packet Pg. 353 8.1.b Land Valuation 47 Summary of Comparable Land Sales Sale Date; Effective Sale SF; Price per No. Name/Address Status Price Acres Waterfront Feet Price per SF Zoning 1 3502 Serene Way Land Jul-23 $520,000 11,761 $8,667 $44.21 WFB 3502 Serene Way Closed 0.27 Lynnwood Snohomish County Comments: This is the July 2023 sale of the land at 3502 Serene Way for $580,000. The property has 60 feet of water frontage along Lake Serene. The property is improved with a single-family home and detached garage. The house burned down in 2019 and is considered to contribute no value. Per the broker, the house was unsafe to enter. There is a garage/shop left that was not affected by the fire which the agent indicated contributed approximately $30,000 to the overall sale price. 2 3902 Serene Way Land Apr-22 $525,000 15,246 $8,750 $34.44 WFB 3902 Serene Way Closed 0.35 Lynnwood Snohomish County Comments: This is the April 2022 sale of the land at 3902 Serene Way for $525,000. The property is improved with a single-family home that is in poor condition and not considered to contribute any value. The listing indicates the foundation is bad, holes in the ceiling, and the property is unsafe to enter. The property has a dock and approximately 60 feet of water frontage. 3 137th Street Lot Oct-21 $699,000 27,075 $13,980 $25.82 NR2 353 N. 137th St. Closed 0.62 Seattle King County Comments: Lake front lot on Bitter Lake that sold with approved architectural plans for a 2-story, 5 bedroom/3 bathroom 3,395 SF home & 3-car garage. Additional plans were approved for a 2-story DADU. Sale also included approved site drainage report, waste & water plan, soil test, and temporary power pole. All utilities are in the street nearby. The property has 50 feet of lake frontage. The property is close to multiple retailers along Aurora Ave N including an L.A. Fitness, Lowes, Hobby Lobby, and Home Goods. 4 Lake Shoecraft Lot Aug-21 $590,000 21,344 $9,077 $27.64 R5 15014 W. Lake Goodwin Rd. Closed 0.49 0.00 Stanwood Snohomish County Comments: Residential lot with approximately 65 feet of water frontage. Sale includes a private dock in good condition. The property has septic installed and water is available at the street. The property has frontage along Lake Shoecraft which is the smaller of the two lakes in the region and includes Lakes Shoecraft and Goodwin. Commercial uses are approximately 5.0 miles east of the property and include Lowes, Costco, Target, Hobby Lobby, Marshall's, and Best Buy. 5 1516 N Lake Stickney Drive Land Jan-18 $306,700 24,829 $7,668 $12.35 WFB 1516 N. Lake Stickney Dr. Closed 0.57 0.00 Lynnwood Snohomish County Comments: This is the January 2018 sale of the land at 1516 N Lake Stickney Drive for $327,000. There is a manufactured home on -site listed as having a small kitchen with 2 beds and 1 bath. Assessor values the MH at $20,300. All sale info via public records and MLS. Unable to reach broker. Subject 23,958 90 0 RSW-12 Jnati Investments Property 0.55 0.55 0.00 Edmonds, WA Jnati Investments Property 01rr Packet Pg. 354 8.1.b Land Valuation Comparable Land Sales Map Y,{_%UrVl' , rt Townsend F,�rr fl�ct�ri Hadlock � A*1wd-q=\, aururmylull n ►, Q� 6 Tulalip Indian Reservation Granite Falls Dille a' Lake, Stevens 10 _ Possessio E Sound , sza- e Mukilteo i p Eastmont INII Creek T. Puget Sound Lynnwood. — Edmonds Q :' o I Mountlake • Terrace InHighland- dianola Richmond Shoreline Bothell Poulsbo I 48 nr j 1.. ,, l i s ..1 ® 2024 Mrerosoh Corporation @ ZD24 TomTom Jnati Investments Property 01rr Packet Pg. 355 8.1.b Land Valuation Sale 1 3502 Serene Way Land Ow Sale 3 137th Street Lot Sale 5 1516 N Lake Stickney Drive Land Jnati Investments Property Sale 2 3902 Serene Way Land Sale 4 Lake Shoecraft Lot 49 N M L Q Q Q U. N C d E L C> �4 r-. w Q C d s 0 M Q 01rr Packet Pg. 356 8.1.b Land Valuation 50 Analysis and Adjustment of Sales Qualitative analysis recognizes the inefficiencies of real estate markets and the difficulty of expressing adjustments with mathematical precision. Several techniques can be utilized in qualitative analysis including: • Relative comparison analysis; • Ranking analysis; • Personal interviews. The rating of each comparable sale in relation to the subject is the basis for the adjustments. If the comparable is superior to the subject, its sale price is rated as superior to reflect the subject's relative attributes; if the comparable is inferior, it is rated as inferior. Transactional adjustments are applied for property rights conveyed, financing, conditions of sale, expenditures made immediately after purchase, and market conditions. In addition, property adjustments include — but are not limited to — location, access/exposure, size, topography, zoning, availability of utilities, lake frontage feet, and entitlements. Adjustments are considered for the following factors, in the sequence shown below. Transactional Adjustments Adjustments Summary The sales are compared to the subject and adjusted to account for material differences that affect value. The following table summarizes the adjustments applied to each sale. Improvements This category accounts for the value contribution of site improvements. There is a single-family residence on Sale 1 that was destroyed in a fire and per the broker was unsafe and unhabitable and did not contribute any value to the site. There is also a shop/garage that was not affected by the fire and conversations with the broker indicate a value contribution of approximately $30,000. We make a $30,000 downward adjustment for improvement contribution. Sale 2 has a single-family residence on -site; however, the property was marketed as having a bad foundation, daylight through the ceiling, and is a complete tear -down with the home being unsalvageable. We make no adjustment for improvement value contribution to Sale 2. Sale 3 is vacant land with no improvements and thus an adjustment is not applicable. Sale 4 does not have any permanent structures on -site which contribute to value and an adjustment is not applicable. Sale 5 has a 2-bedroom, 1-bathroom, manufactured home on -site. The Snohomish County assessor attributes a contributory value of $20,300 for the improvements. We make a $20,300 downward adjustment for improvement contribution. Real Property Rights Conveyed The opinion of value in this report is based on a fee simple estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power and escheat, as well as non -detrimental easements, community facility districts, and conditions, covenants and restrictions irr Jnati Investments Property Packet Pg. 357 8.1.b Land Valuation 51 (CC&Rs). All the comparables represent fee simple estate transactions. Therefore, adjustments for property rights are not necessary. Financing Terms In analyzing the comparables, it is necessary to adjust for financing terms that differ from market terms. Typically, if the buyer retained third -party financing (other than the seller) for the purpose of purchasing the property, a cash price is presumed and no adjustment is required. However, in instances where the seller provides financing as a debt instrument, a premium may have been paid by the buyer for below -market financing terms, or a discount may have been demanded by the buyer if the financing terms were above market. The premium or discounted price must then be adjusted to a cash equivalent basis. The comparable sales represented cash -to -seller transactions and, therefore, do not require adjustment. Conditions of Sale Adverse conditions of sale can account for a significant discrepancy from the sale price actually paid, compared to that of the market. This discrepancy in price is generally attributed to the motivations of the buyer and the seller. Certain conditions of sale are considered non -market and may include the following: • a seller acting under duress (e.g., eminent domain, foreclosure); • buyer motivation (e.g., premium paid for assemblage, certain 1031 exchanges); • a lack of exposure to the open market; • an unusual tax consideration; • a sale at legal auction. None of the comparable sales had atypical or unusual conditions of sale. Thus, adjustments are not necessary. Market Conditions Real estate values normally change over time. The rate of change fluctuates due to perceptions of market participants of prevailing market conditions. This adjustment category reflects value changes, if any, which have occurred between the date of the sale and the effective date of the appraisal. The sales took place from January 2018 to June 2023. Market conditions were generally increasing between 2018 to 2020 at which point they began to level off only to increase again significantly in early 2021. This increase lasted until mid -year 2022 at which point interest rates rose and value increases began to taper off. Values have remained somewhat steady throughout 2023. Our market condition adjustment accounts for the swings in the overall market over the past few years with inferior rankings for sales older than 2020 and superior rankings for sales from early 2021 through mid -year 2022. Jnati Investments Property 01rr Packet Pg. 358 8.1.b Land Valuation 52 Property Adjustments Location Factors considered in evaluating location include, but are not limited to, demographics, growth rates, surrounding uses and property values. Sales 1, 2, and 5 have similar locations to commercial services as the subject. No adjustments are necessary. Sale 4 is located in a more rural area with less access to commercial services. Access/Exposure Convenience to transportation facilities, ease of site access, and overall visibility of a property can have a direct impact on property value. High visibility, however, may not translate into higher value if it is not accompanied by good access. In general, high visibility and convenient access, including proximity to major linkages, are considered positive amenities when compared to properties with inferior attributes. The subject has steep access directly from Lake Ballinger Way. Entering and exiting the site is difficult especially during peak traffic hours. None of the sales had similar access difficulties which are superior traits. Size In residential real estate buyers will typically pay more for larger lots than smaller lots as larger lots provide more privacy and expansion options. Sales 3, 4 and 5 are similar to the subject. Sales 1 and 2 are smaller than the subject and are ranked inferior. Shape and Topography This category accounts for the shape of the site influencing its overall utility and/or development potential, as well as the grade of the land. The subject has steep topography for much of the southern portion of the site which limits development options to the site and would be difficult for construction access if the site were developed. All of the sales are relatively level or with gentle sloping topography both of which are superior attributes. Zoning This element of comparison accounts for government regulations that can affect the types and intensities of uses allowable on a site. Moreover, this category includes considerations such as allowable density or floor area ratio, structure height, setbacks, parking requirements, landscaping, and other development standards. The subject has a zoning designation of RSW-12 - Waterfront Single -Family. All of the comparables are similar to the subject. No adjustments are necessary. Jnati Investments Property 01rr Packet Pg. 359 8.1.b Land Valuation 53 Utilities Sites with public utilities available are considered more desirable relative to properties requiring utility extensions, or those that need a private well and/or septic system. Properties without public utilities available typically require higher development costs, all else being equal. All of the comparables are similar to the subject. No adjustments are necessary. Lake Frontage Lake frontage feet. All of the sales have less lake frontage than the subject and are ranked inferior. Entitlements Entitlements consist of the specific level of governmental approvals attained pertaining to development of a site, which can include a bonus density or conditional use permit (CUP) that allows for uses not typically permitted under standard zoning. Sales 1, 2, 4 and 5 are similar to the subject. Sale 3 sold with approved plans for a 2-story residence with a 3-car garage, drainage report, waste and water plan, and soil test and is ranked superior. Jnati Investments Property 01rr Packet Pg. 360 8.1.b Land Valuation Land Sales Adjustment Grid 54 Subject Comparable 1 Comparable 2 Comparable 3 Comparable 4 Comparable 5 Name Jnati Investments 3502 Serene Way 3902 Serene Way 137th Street Lot Lake Shoecraft Lot 1516 N Lake Property Land Land Stickney Drive Land Address 7317 Lake 3502 Serene Way 3902 Serene Way 353 N. 137th St. 15014 W. Lake 1516 N. Lake Ballinger Way Goodwin Rd. Stickney Dr. City Edmonds Lynnwood Lynnwood Seattle Stanwood Lynnwood County Snohomish Snohomish Snohomish King Snohomish Snohomish State Washington WA WA WA WA WA Sale Date Jul-23 Apr-22 Oct-21 Aug-21 Jan-18 Sale Status Closed Closed Closed Closed Closed Sale Price $580,000 $525,000 $699,000 $590,000 $327,000 Price Adjustment -$30,000 - - - -$20,300 Description of Adjustment Improvement MH Value per Contribution Assessor Effective Sale Price $550,000 $525,000 $699,000 $590,000 $306,700 Square Feet 23,958 11,761 15,246 27,075 21,344 24,829 Acres 0.55 0.27 0.35 0.62 0.49 0.57 Waterfront Feet 90 60 60 5o 65 40 Zoning Code RSW-12 WFB WFB NR2 R5 WFB Database ID - 3209891 3209834 3038843 3039111 3209906 Sale Price $550,000 $525,000 $699,000 $590,000 $306,700 Property Rights Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Ranking - - - - - Financing Terms Cash to seller Cash to seller All cash All cash Cash to seller Ranking - - - - - Conditions of Sale Ranking - - - - - Market Conditions 8/3/2023 Jul-23 Apr-22 Oct-21 Aug-21 Jan-18 Ranking - Superior Superior Superior Very Inferior Location - - - Inferior - Access/Exposure Very Superior Very Superior Very Superior Very Superior Very Superior Size Inferior Inferior - - - Shape and Topography Superior Superior Superior Superior Superior Zoning - - - - - Utilities - - - - - Lake Frontage Inferior Inferior Inferior Inferior Inferior Entitlements - - ISuperior - - Overall Ranking Isuperior Isuperior Ivery Superior Ivery Superior linferior Indicated Value l$520,000 Ranking and Value Indication The final ranking of the comparables is presented in the following table: Ranking Analysis and Reconciliation Comparable No. Overall Comparability Sale Price Estimated Value 5 Inferior $306,700 Subject $520,000 2 Superior $525,000 1 Superior $550,000 4 Very Superior $590,000 3 Very Superior $699,000 Estimated Unit Value $520,000 Jnati Investments Property 01rr Packet Pg. 361 8.1.b Land Valuation 55 Land Value Conclusion Prior to adjustments, the sales reflect a range of $327,000 - $699,000 per overall sale price. To arrive at an indication of value, primary weight is given to Sales 1 and 2 for most similar traits including location, and date of sale. Based on the preceding analysis, the land value conclusion for the subject is presented as follows: Land Value Conclusion Indicated Value $520,000 As another point of reference to help support our value opinion we look to the previous listing for the subject. Per MLS #1382857, the property was last listed in November 2018 for $550,000. The structure was advertised as a tear down in this listing which expired after 359 days on market, or just shy of a full year. Although market conditions were lower in 2018-2019 and the market had not yet undergone the high value increases occurring in 2021-2022, this sale is a good reference point. As of the date of value, the subject has remained vacant for an additional 5 years since this listing date. No development has occurred to the site since that time and all development permits have been stopped. The property sat on the market for just under a year at $550,000 with owner financing listed as a possibility in the listing and yet no buyers were interested in the site and the listing expired. The physical traits and condition of the property today is not much different than the property in 2018; the same access difficulties, traffic noise, wetland designation, and developable area restrictions remain in place. If the property was unable to sell for $550,000 at that time, it does not seem appropriate to consider a similar or higher value today, and thus we defer to the lower end of the range in our value conclusion. irr Jnati Investments Property Packet Pg. 362 8.1.b Reconciliation and Conclusion of Value 56 Reconciliation and Conclusion of Value Reconciliation involves the weighting of alternative value indications, based on the judged reliability and applicability of each approach to value, to arrive at a final value conclusion. Reconciliation is required because different value indications result from the use of multiple approaches and within the application of a single approach. As previously discussed, we only utilize the Sales Comparison Approach in our valuation. Final Opinion of Value Based on the preceding valuation analysis and subject to the definitions, assumptions, and limiting conditions expressed in the report, the concluded opinion of value is as follows: Value Conclusion Value Type & Appraisal Premise Interest Appraised Date of Value Value Conclusion Market Value Fee Simple August 3, 2023 $520,000 Extraordinary Assumptions and Hypothetical Conditions The value conclusions are subject to the following extraordinary assumptions. An extraordinary assumption is an assignment -specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions. 1. None The value conclusions are based on the following hypothetical conditions. A hypothetical condition is a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. 1. None The use of any extraordinary assumption or hypothetical condition may have affected the assignment results. Exposure Time Exposure time is the length of time the subject property would have been exposed for sale in the market had it sold on the effective valuation date at the concluded market value. Exposure time is always presumed to precede the effective date of the appraisal. Based on review of recent sales transactions for similar properties and analysis of supply and demand in the local single-family residential market, the probable exposure time for the subject at the concluded market value stated previously is 3-6 months. Jnati Investments Property 01rr Packet Pg. 363 8.1.b Certification Certification We certify that, to the best of our knowledge and belief: 57 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. We have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding the agreement to perform this assignment. 5. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice as well as applicable state appraisal regulations. 9. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 10. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 11. Jason Neary has made a personal inspection of the property that is the subject of this report. Lori E. Safer, MAI, AI-GRS has personally inspected the subject. 12. No one provided significant real property appraisal assistance to the persons signing this certification. 13. We have experience in appraising properties similar to the subject and are in compliance with the Competency Rule of USPAP. Jnati Investments Property 01rr Packet Pg. 364 8.1.b Certification 14. As of the date of this report, Lori E. Safer, MAI, AI-GRS has completed the continuing education program for Designated Members of the Appraisal Institute. Jason Neary Lori E. Safer, MAI, AI-GRS Washington Certified General Real Estate Washington Certified General Real Estate Appraiser #22006051 Appraiser #1100546 Jnati Investments Property 58 01rr Packet Pg. 365 8.1.b Assumptions and Limiting Conditions Assumptions and Limiting Conditions This appraisal and any other work product related to this engagement are limited by the following standard assumptions, except as otherwise noted in the report: 59 1. The title is marketable and free and clear of all liens, encumbrances, encroachments, easements and restrictions. The property is under responsible ownership and competent management and is available for its highest and best use. 2. There are no existing judgments or pending or threatened litigation that could affect the value of the property. 3. There are no hidden or undisclosed conditions of the land or of the improvements that would render the property more or less valuable. Furthermore, there is no asbestos in the property. 4. The revenue stamps placed on any deed referenced herein to indicate the sale price are in correct relation to the actual dollar amount of the transaction. 5. The property is in compliance with all applicable building, environmental, zoning, and other federal, state and local laws, regulations and codes. 6. The information furnished by others is believed to be reliable, but no warranty is given for its accuracy. This appraisal and any other work product related to this engagement are subject to the following limiting conditions, except as otherwise noted in the report: 1. An appraisal is inherently subjective and represents our opinion as to the value of the property appraised. 2. The conclusions stated in our appraisal apply only as of the effective date of the appraisal, and no representation is made as to the effect of subsequent events. 3. No changes in any federal, state or local laws, regulations or codes (including, without limitation, the Internal Revenue Code) are anticipated. 4. No environmental impact studies were either requested or made in conjunction with this appraisal, and we reserve the right to revise or rescind any of the value opinions based upon any subsequent environmental impact studies. If any environmental impact statement is required by law, the appraisal assumes that such statement will be favorable and will be approved by the appropriate regulatory bodies. 5. Unless otherwise agreed to in writing, we are not required to give testimony, respond to any subpoena or attend any court, governmental or other hearing with reference to the property without compensation relative to such additional employment. 6. We have made no survey of the property and assume no responsibility in connection with such matters. Any sketch or survey of the property included in this report is for illustrative purposes only and should not be considered to be scaled accurately for size. The appraisal Jnati Investments Property 01rr Packet Pg. 366 8.1.b Assumptions and Limiting Conditions covers the property as described in this report, and the areas and dimensions set forth are assumed to be correct. 60 7. No opinion is expressed as to the value of subsurface oil, gas or mineral rights, if any, and we have assumed that the property is not subject to surface entry for the exploration or removal of such materials, unless otherwise noted in our appraisal. 8. We accept no responsibility for considerations requiring expertise in other fields. Such considerations include, but are not limited to, legal descriptions and other legal matters such as legal title, geologic considerations such as soils and seismic stability; and civil, mechanical, electrical, structural and other engineering and environmental matters. Such considerations may also include determinations of compliance with zoning and other federal, state, and local laws, regulations and codes. 9. The distribution of the total valuation in the report between land and improvements applies only under the reported highest and best use of the property. The allocations of value for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. The appraisal report shall be considered only in its entirety. No part of the appraisal report shall be utilized separately or out of context. 10. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraisers, or any reference to the Appraisal Institute) shall be disseminated through advertising media, public relations media, news media or any other means of communication (including without limitation prospectuses, private offering memoranda and other offering material provided to prospective investors) without the prior written consent of the persons signing the report. 11. Information, estimates and opinions contained in the report and obtained from third -party sources are assumed to be reliable and have not been independently verified. 12. Any income and expense estimates contained in the appraisal report are used only for the purpose of estimating value and do not constitute predictions of future operating results. 13. If the property is subject to one or more leases, any estimate of residual value contained in the appraisal may be particularly affected by significant changes in the condition of the economy, of the real estate industry, or of the appraised property at the time these leases expire or otherwise terminate. 14. Unless otherwise stated in the report, no consideration has been given to personal property located on the premises or to the cost of moving or relocating such personal property; only the real property has been considered. 15. The current purchasing power of the dollar is the basis for the values stated in the appraisal; we have assumed that no extreme fluctuations in economic cycles will occur. 16. The values found herein are subject to these and to any other assumptions or conditions set forth in the body of this report but which may have been omitted from this list of Assumptions and Limiting Conditions. 17. The analyses contained in the report necessarily incorporate numerous estimates and assumptions regarding property performance, general and local business and economic Jnati Investments Property 01rr Packet Pg. 367 8.1.b Assumptions and Limiting Conditions 61 conditions, the absence of material changes in the competitive environment and other matters. Some estimates or assumptions, however, inevitably will not materialize, and unanticipated events and circumstances may occur; therefore, actual results achieved during the period covered by our analysis will vary from our estimates, and the variations may be material. 18. The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have not made a specific survey or analysis of the property to determine whether the physical aspects of the improvements meet the ADA accessibility guidelines. We claim no expertise in ADA issues, and render no opinion regarding compliance of the subject with ADA regulations. Inasmuch as compliance matches each owner's financial ability with the cost to cure the non- conforming physical characteristics of a property, a specific study of both the owner's financial ability and the cost to cure any deficiencies would be needed for the Department of Justice to determine compliance. 19. The appraisal report is prepared for the exclusive benefit of you, your subsidiaries and/or affiliates. It may not be used or relied upon by any other party. All parties who use or rely upon any information in the report without our written consent do so at their own risk. 20. No studies have been provided to us indicating the presence or absence of hazardous materials on the subject property or in the improvements, and our valuation is predicated upon the assumption that the subject property is free and clear of any environment hazards including, without limitation, hazardous wastes, toxic substances and mold. No representations or warranties are made regarding the environmental condition of the subject property. IRR - Seattle, Integra Realty Resources, Inc., and their respective officers, owners, managers, directors, agents, subcontractors or employees (the "Integra Parties"), shall not be responsible for any such environmental conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because we are not experts in the field of environmental conditions, the appraisal report cannot be considered as an environmental assessment of the subject property. 21. The persons signing the report may have reviewed available flood maps and may have noted in the appraisal report whether the subject property is located in an identified Special Flood Hazard Area. However, we are not qualified to detect such areas and therefore do not guarantee such determinations. The presence of flood plain areas and/or wetlands may affect the value of the property, and the value conclusion is predicated on the assumption that wetlands are non-existent or minimal. 22. We are not a building or environmental inspector. The Integra Parties do not guarantee that the subject property is free of defects or environmental problems. Mold may be present in the subject property and a professional inspection is recommended. 23. The appraisal report and value conclusions for an appraisal assume the satisfactory completion of construction, repairs or alterations in a workmanlike manner. 24. IRR - Seattle is an independently owned and operated company. The parties hereto agree that Integra shall not be liable for any claim arising out of or relating to any appraisal report or any information or opinions contained therein as such appraisal report is the sole and exclusive responsibility of IRR - Seattle. In addition, it is expressly agreed that in any action Jnati Investments Property 01rr Packet Pg. 368 8.1.b Assumptions and Limiting Conditions 62 which may be brought against the Integra Parties arising out of, relating to, or in any way pertaining to the engagement letter, the appraisal reports or any related work product, the Integra Parties shall not be responsible or liable for any incidental or consequential damages or losses, unless the appraisal was fraudulent or prepared with intentional misconduct. It is further expressly agreed that the collective liability of the Integra Parties in any such action shall not exceed the fees paid for the preparation of the assignment (unless the appraisal was fraudulent or prepared with intentional misconduct). It is expressly agreed that the fees charged herein are in reliance upon the foregoing limitations of liability. 25. IRR - Seattle is an independently owned and operated company, which has prepared the appraisal for the specific intended use stated elsewhere in the report. The use of the appraisal report by anyone other than the Client is prohibited except as otherwise provided. Accordingly, the appraisal report is addressed to and shall be solely for the Client's use and benefit unless we provide our prior written consent. We expressly reserve the unrestricted right to withhold our consent to your disclosure of the appraisal report or any other work product related to the engagement (or any part thereof including, without limitation, conclusions of value and our identity), to any third parties. Stated again for clarification, unless our prior written consent is obtained, no third party may rely on the appraisal report (even if their reliance was foreseeable). 26. The conclusions of this report are estimates based on known current trends and reasonably foreseeable future occurrences. These estimates are based partly on property information, data obtained in public records, interviews, existing trends, buyer -seller decision criteria in the current market, and research conducted by third parties, and such data are not always completely reliable. The Integra Parties are not responsible for these and other future occurrences that could not have reasonably been foreseen on the effective date of this assignment. Furthermore, it is inevitable that some assumptions will not materialize and that unanticipated events may occur that will likely affect actual performance. While we are of the opinion that our findings are reasonable based on current market conditions, we do not represent that these estimates will actually be achieved, as they are subject to considerable risk and uncertainty. Moreover, we assume competent and effective management and marketing for the duration of the projected holding period of this property. 27. All prospective value opinions presented in this report are estimates and forecasts which are prospective in nature and are subject to considerable risk and uncertainty. In addition to the contingencies noted in the preceding paragraph, several events may occur that could substantially alter the outcome of our estimates such as, but not limited to changes in the economy, interest rates, and capitalization rates, behavior of consumers, investors and lenders, fire and other physical destruction, changes in title or conveyances of easements and deed restrictions, etc. It is assumed that conditions reasonably foreseeable at the present time are consistent or similar with the future. 28. The appraisal is also subject to the following: Jnati Investments Property 01rr Packet Pg. 369 8.1.b Assumptions and Limiting Conditions 63 Extraordinary Assumptions and Hypothetical Conditions The value conclusions are subject to the following extraordinary assumptions. An extraordinary assumption is an assignment -specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions. 1. None The value conclusions are based on the following hypothetical conditions. A hypothetical condition is a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. 1. None The use of any extraordinary assumption or hypothetical condition may have affected the assignment results. irr Jnati Investments Property Packet Pg. 370 8.1.b Addenda Addendum A Appraiser Qualifications Jnati Investments Property 01rr Packet Pg. 371 8.1.b Lori E. Safer, MAI, AI-GR$ I Integra Realty Resources - Seattle Experience 600 University Street Suite 310 Managing Director of Integra Realty Resources Seattle in Washington State. Background Seattle, WA 98101 includes 25 years of consultation and valuation analysis for clients including financial institutions, developers, local municipalities and various public agencies. President of Lori Safer T 206.903.6700 Appraisal, Inc. from 1987-2002. Employed by Bruce C. Allen & Associates from 1983-1987; City F 206.623.5731 of Bellevue Planning Department 1982. Integra Realty Resources Seattle is part of Integra Realty Resources (IRR), a national valuation and consulting firm with 50+ offices in the U.S. irr.com Ms. Safer is experienced in the analysis of various property types including: land, residential subdivision appraisal studies, right of way and condemnation appraisal studies, mortgage loan appraisal studies, and highest and best use studies. Clients served include various financial concerns, law and public accounting firms, private and public agencies, pension and advisory companies, investment firms, and the general public. Further, utilizing the resources of Integra's 50+ offices nationwide, the firm is actively involved in the completion of large portfolio engagements. Professional Activities & Affiliations MAI Designation, Appraisal Institute AI-GRS Designation, Appraisal Institute President: Seattle Chapter of the Appraisal Institute, January 2019 - December 2019 Vice President: Seattle Chapter of the Appraisal Institute, January 2018 - December 2018 Treasurer: Seattle Chapter of the Appraisal Institute, January 2017 - December 2017 Secretary: Seattle Chapter - Appraisal Institute, January 2016 - December 2016 Board of Director: Seattle Chapter - Appraisal Institute, January 2012 - December 2014 Member: International Right of Way Association Member: Regional Professional Standards Panel - Appraisal Institute Chair: Nominating Comm. Appraisal Institute Region 1, January 2005 - December 2006 Director/Vice-Chair: Appraisal Institute - Region 1, January 1996 - December 2003 Chairman: Appraisal Institute - Region 1, January 2004 - December 2004 Vice Chair: Regional Education Liaison Appraisal Institute, January 1999 - December 1999 Member: Estate Planning Board - Univ. of Washington, January 1996 - December 1999 Member: Education Committee of the Appraisal Institute, January 1996 - December 1998 Education Coordinator: Appraisal Institute Region 1, January 1996 - December 1998 Representative to the Appraisal Institute Region 1, January 1996 - December 1997 Member: Curriculum Division of the Appraisal Institute, January 1993 - December 1996 Chairman: Narrative Exam Grading - Appraisal Institute, January 1993 - December 1995 Member: Narrative Exam Grading Subcommittee of Appraisal Institute, January 1993 - December 1995 Licenses Washington, Certified General Real Estate Appraiser, 1100546, Expires July 2025 Oregon, State Certified General Appraiser, C001601, Expires July 2025 Education Master of Arts, Urban Geography, University of Washington, 1982 irr lesafer@irr.com - 206.436.1177 Packet Pg. 372 8.1.b Lori E. Safer, MAI, AI-GR$ I Integra Realty Resources - Seattle Education (Cont'd) 600 University Street Suite 310 Bachelor of Science, Geography, Pennsylvania State University, magna cum laude, 1979 Seattle, WA 98101 Articles and Publications T206.903.6700 Case Study 1.6: Special Benefits - Johnson and Matonis, Applications in Litigation Valuation, 2012 F 206.623.5731 Real Property Value in Condemnation, 2018 (Content Reviewer) irr.com Qualified Before Courts & Administrative Bodies King County Superior Court, Washington Miscellaneous Approved Appraiser - Washington State Department of Transportation Approved Review Appraiser - Washington State Department of Transportation IRR Certified Reviewer A ir11r.1 lesafer@irr.com - 206.436.1177 a Packet Pg. 373 8.1.b Jason N e a ry Integra Realty Resources - Seattle Experience 600 University Street 2023 to present: Integra Realty Resources — Seattle I Senior Analyst Suite 310 Seattle, WA 98101 2022 to 2023: Aloft Appraisal — Seattle I Senior Appraiser 2017 to 2022: Integra Realty Resources — Boise I Senior Analyst T 206.903.6700 2016 to 2017: Butler Burgher Group LLC— Denver I Trainee Appraiser F 206.623.5731 2013 to 2016: Denver County Assessor's Office— Denver I Commercial Mass Appraiser Experience in the valuation of: irr.com • Apartments: Mid and High Rise • Vacant Land: Commercial & Residential • Right -Of -Way • Land Market Absorption Analysis • Industrial & Manufacturing Facilities • Commercial Offices • Retail Shopping Centers • Agricultural Land • Office Conversions • Residential Condominium Analysis • Special Use Properties • Single -Family Residential Clients served include: • Governmental entities • Banks and financial institutions • Developers and investors • Law firms • Mortgage bankers • Property owners Licenses Washington, Certified General Real Estate Appraiser, 22006051, Expires September 2025 Education Metro State College of Denver; Bachelor's Degree in Business & Management Successfully completed numerous real estate and valuation courses and seminars sponsored by the Colorado Division of Property Taxation, The Appraisal Institute, North Colorado Real Estate Appraisal Association, and McKissock Inc. irr jneary@irr.com - 206-436-1176 Packet Pg. 374 8.1.b About I RR Integra Realty Resources, Inc. (IRR) provides world -class commercial real estate valuation, counseling, and advisory services. Routinely ranked among leading property valuation and consulting firms, we are now the largest independent firm in our industry in the United States, with local offices coast to coast and in the Caribbean. IRR offices are led by MAI-designated Senior Managing Directors, industry leaders who have over 25 years, on average, of commercial real estate experience in their local markets. This experience, coupled with our understanding of how national trends affect the local markets, empowers our clients with the unique knowledge, access, and historical perspective they need to make the most informed decisions. Many of the nation's top financial institutions, developers, corporations, law firms, and government agencies rely on our professional real estate opinions to best understand the value, use, and feasibility of real estate in their market. Local Expertise... Nationally! irr.com Packet Pg. 375 8.1.b Addenda Qerr IRR Quality Assurance Survey Jnati Investments Property 01rr Packet Pg. 376 8.1.b Addenda IRR Quality Assurance Survey We welcome your feedback! At IRR, providing a quality work product and delivering on time is what we strive to accomplish. Our local offices are determined to meet your expectations. Please reach out to your local office contact so they can resolve any issues. Integra Quality Control Team Integra does have a Quality Control Team that responds to escalated concerns related to a specific assignment as well as general concerns that are unrelated to any specific assignment. We also enjoy hearing from you when we exceed expectations! You can communicate with this team by clicking on the link below. If you would like a follow up call, please provide your contact information and a member of this Quality Control Team will call contact you. Link to the IRR Quality Assurance Survey: guality.irr.com Jnati Investments Property 01rr Packet Pg. 377 8.1.b Addenda Addendum C Definitions Jnati Investments Property m cu s L a as a O L (L cu L ME W 4) cu J ti C) O 0 cu L a L Q Q. Q cu C LL N C d E t 0 Q r�+ C d t V f� w Q Olrr Packet Pg. 378 8.1.b Addenda Definitions The source of the following definitions is the Appraisal Institute, The Dictionary of Real Estate Appraisal, 7th ed. (Chicago: Appraisal Institute, 2022), unless otherwise noted. Amenity A tangible or intangible benefit of real estate that enhances its attractiveness or increases the satisfaction of the user. Natural amenities may include a pleasant location near water or a scenic view of the surrounding area; man-made amenities include swimming pools, tennis courts, community buildings, and other recreational facilities. As Is Market Value The estimate of the market value of real property in its current physical condition, use, and zoning as of the appraisal date. Class of Apartment Property For the purposes of comparison, apartment properties are grouped into three classes: Class A, B and C. These classes represent a subjective quality rating of buildings, which indicates the competitive ability of each building to attract similar types of tenants. Combinations of factors such as rent, building finishes, system standards and efficiency, building amenities, location/accessibility, and market perception are used as relative measures. Class A apartment properties are the most prestigious properties competing for the premier apartment tenants, with rents above average for the area. Buildings have high -quality standard finishes, architectural appeal, state-of-the-art systems, exceptional accessibility, and a definite market presence. Class B apartment properties compete for a wide range of users, with rents in the average range for the area. Class B buildings do not compete with Class A buildings at the same price. Building finishes are fair to good for the area, and systems are adequate. Class C apartment properties compete for tenants requiring functional space at rents below the average for the area. Class C buildings are generally older, and are lower in quality and condition. (Source: Integra Realty Resources) Deferred Maintenance Items of wear and tear on a property that should be fixed now to protect the value or income - producing ability of the property, such as a broken window, a dead tree, a leak in the roof, or a faulty roof that must be completely replaced. These items are almost always curable. Jnati Investments Property 01rr Packet Pg. 379 8.1.b Addenda Depreciation A loss in the value of improvements from any cause; the difference between the cost of an improvement on the effective date of the appraisal and the value of the improvement on the same date. Discounted Cash Flow (DCF) Analysis The procedure in which a discount rate is applied to a set of projected income streams and a reversion. The analyst specifies the quantity, variability, timing, and duration of the income streams and the quantity and timing of the reversion, and discounts each to its present value at a specified yield rate. Disposition Value The most probable price that a specified interest in property should bring under the following conditions: 1. Consummation of a sale within a specified time, which is shorter than the typical exposure time for such a property in that market. 2. The property is subjected to market conditions prevailing as of the date of valuation. 3. Both the buyer and seller are acting prudently and knowledgeably. 4. The seller is under compulsion to sell. 5. The buyer is typically motivated. 6. Both parties are acting in what they consider to be their best interests. 7. An adequate marketing effort will be made during the exposure time. 8. Payment will be made in cash in U.S. dollars (or the local currency) or in terms of financial arrangements comparable thereto. 9. The price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. This definition can also be modified to provide for valuation with specified financing terms. Effective Date 1. The date on which the appraisal opinion applies. (SVP) 2. The date to which an appraiser's analysis, opinions, and conclusions apply; also referred to as date of value. (USPAP, 2020-2021 ed.) 3. The date that a lease goes into effect. Entrepreneurial Incentive The amount an entrepreneur expects or wants to receive as compensation for providing coordination and expertise and assuming the risks associated with the development of a project. Entrepreneurial incentive is the expectation of future reward as opposed to the profit actually earned on the project. Jnati Investments Property 01rr Packet Pg. 380 8.1.b Addenda Entrepreneurial Profit 1. A market -derived figure that represents the amount an entrepreneur receives for his or her contribution to a past project to compensate for his or her time, effort, knowledge, and risk; the difference between the total cost of a property (cost of development) and its market value (property value after completion), which represents the entrepreneur's compensation for the risk and expertise associated with development. An entrepreneur is motived by the prospect of future value enhancement (i.e., the entrepreneurial incentive). An entrepreneur who successfully creates value through new development, expansion, renovation, or an innovation change of use is rewarded by entrepreneurial profit. Entrepreneurs may also fail and suffer losses. 2. In economics, the actual return on successful management practices, often identified with coordination, the fourth factor of production following land, labor, and capital; also called entrepreneurial return or entrepreneurial reward. Excess Land; Surplus Land Excess Land: Land that is not needed to serve or support the existing improvement. The highest and best use of the excess land may or may not be the same as the highest and best use of the improved parcel. Excess land has the potential to be sold separately and is valued separately. Surplus Land. Land that is not currently needed to support the existing use but cannot be separated from the property and sold off for another use. Surplus land does not have an independent highest and best use and may or may not contribute value to the improved parcel. Exposure Time 1. The time a property remains on the market. 2. An opinion, based on supporting market data, of the length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. Fee Simple Estate Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. Floor Area Ratio (FAR) The relationship between the above -ground floor area of a building, as described by the zoning or building code, and the area of the plot on which it stands; in planning and zoning, often expressed as a decimal, e.g., a ratio of 2.0 indicates that the permissible floor area of a building is twice the total land area. Gross Building Area (GBA) Total floor area of a building, excluding unenclosed areas, measured from the exterior of the walls of the above -grade area. This includes mezzanines and basements if and when typically included in the market area of the type of property involved. Jnati Investments Property 01rr Packet Pg. 381 8.1.b Addenda Highest and Best Use 1. The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. 2. The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an asset's existing use or for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (ISV) 3. [The] highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards for Federal Land Acquisitions) Investment Value 1. The value of a property to a particular investor or class of investors based on the investor's specific requirements. Investment value may be different from market value because it depends on a set of investment criteria that are not necessarily typical of the market. 2. The value of an asset to the owner or a prospective owner given individual investment or operational objectives (may also be known as worth). (IVS) Lease A contract in which rights to use and occupy land, space, or structures are transferred by the owner to another for a specified period of time in return for a specified rent. Leased Fee interest The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. Leasehold Estate The right held by the lessee to use and occupy real estate for a stated term and under the conditions specified in the lease. Liquidation Value The most probable price that a specified interest in real property should bring under the following conditions: 1. Consummation of a sale within a short time period. 2. The property is subjected to market conditions prevailing as of the date of valuation. 3. Both the buyer and seller are acting prudently and knowledgeably. 4. The seller is under extreme compulsion to sell. 5. The buyer is typically motivated. 6. Both parties are acting in what they consider to be their best interests. 7. A normal marketing effort is not possible due to the brief exposure time. Jnati Investments Property 01rr Packet Pg. 382 8.1.b Addenda 8. Payment will be made in cash in U.S. dollars (or the local currency) or in terms of financial arrangements comparable thereto. 9. The price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. This definition can also be modified to provide for valuation with specified financing terms. Marketing Time An opinion of the amount of time to sell a property interest at the concluded market value or at a benchmark price during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which precedes the effective date of an appraisal. Market Rent The most probable rent that a property should bring in a competitive and open market under all conditions requisite to a fair lease transaction, the lessee and lessor each acting prudently and knowledgeably, and assuming the rent is not affected by undue stimulus. Implicit in this definition is the execution of a lease as of a specified date under conditions whereby: • Lessee and lessor are typically motivated; • Both parties are well informed or well advised, and acting in what they consider their best interests; • Payment is made in terms of cash or in terms of financial arrangements comparable thereto; and • The rent reflects specified terms and conditions typically found in that market, such as permitted uses, use restrictions, expense obligations, duration, concessions, rental adjustments and revaluations, renewal and purchase options, frequency of payments (annual, monthly, etc.), and tenant improvements (Tls). Market Value The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: • buyer and seller are typically motivated; • both parties are well informed or well advised, and acting in what they consider their own best interests; • a reasonable time is allowed for exposure in the open market; • payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and Jnati Investments Property 01rr Packet Pg. 383 8.1.b Addenda • the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Source: Code of Federal Regulations, Title 12, Chapter I, Part 34.42(h]; also Interagency Appraisal and Evaluation Guidelines, Federal Register, 75 FR 77449, December 10, 2010, page 77472) Multifamily Property Type Residential structure containing five or more dwelling units with common areas and facilities. (Source: Appraisal Institute Commercial Data Standards and Glossary of Terms, Chicago, Illinois, 2004 [Appraisal Institute]) Multifamily Classifications Garden/Low Rise Apartments: A multifamily development of two- or three-story, walk-up structures built in a garden -like setting; customarily a suburban or rural -urban fringe development. (Source: Appraisal Institute) Mid/High-Rise Apartment Building: A multifamily building with four or more stories, typically elevator -served. (Source: Appraisal Institute) Prospective Opinion of Value A value opinion effective as of a specified future date. The term does not define a type of value. Instead, it identifies a value opinion as being effective at some specific future date. An opinion of value as of a prospective date is frequently sought in connection with projects that are proposed, under construction, or under conversion to a new use, or those that have not yet achieved sellout or a stabilized level of long-term occupancy. Rentable Floor Area (RFA) Rentable area shall be computed by measuring inside finish of permanent outer building walls or from the glass line where at least 50% of the outer building wall is glass. Rentable area shall also include all area within outside walls less stairs, elevator shafts, flues, pipe shafts, vertical ducts, air conditioning rooms, fan rooms, janitor closets, electrical closets, balconies and such other rooms not actually available to the tenant for his furnishings and personnel and their enclosing walls. No deductions shall be made for columns and projections unnecessary to the building. (Source: Income/Expense Analysis, 2016 Edition — Conventional Apartments, Institute of Real Estate Management, Chicago, Illinois) Replacement Cost The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other improvements, using modern materials and current standards, design and layout. Reproduction Cost The estimated cost to construct, at current prices as of the effective date of the appraisal, a duplicate or replica of the building being appraised, using the same or similar materials, construction standards, design, layout, and quality of workmanship and embodying all the deficiencies, superadequacies, and obsolescence of the subject building. Jnati Investments Property 01rr Packet Pg. 384 8.1.b Addenda Retrospective Value Opinion A value opinion effective as of a specified historical date. The term retrospective does not define a type of value. Instead, it identifies a value opinion as being effective at some specific prior date. Value as of a historical date is frequently sought in connection with property tax appeals, damage models, lease renegotiation, deficiency judgments, estate tax, and condemnation. Inclusion of the type of value with this term is appropriate, e.g., "retrospective market value opinion." Room Count A unit of comparison used primarily in residential appraisal. No national standard exists on what constitutes a room. The generally accepted method is to consider as separate rooms only those rooms that are effectively divided and to exclude bathrooms. Stabilized Income 1. An estimate of income, either current or forecasted, that presumes the property is at stabilized occupancy. 2. The forecast of the subject property's yearly average income (or average -equivalent income) expected for the economic life of the subject property. 3. Projected income that is subject to change but has been adjusted to reflect an equivalent, stable annual income. Stabilized Occupancy 1. The occupancy of a property that would be expected at a particular point in time, considering its relative competitive strength and supply and demand conditions at the time, and presuming it is priced at market rent and has had reasonable market exposure. A property is at stabilized occupancy when it is capturing its appropriate share of market demand. 2. An expression of the average or typical occupancy that would be expected for a property over a specified projection period or over its economic life. Jnati Investments Property 01rr Packet Pg. 385 8.1.b Addenda Addendum D Comparable Data Jnati Investments Property Oirr Packet Pg. 386 8.1.b Land Sale Profile Location & Property Identification Property Name: 3502 Serene Way Land Sub -Property Type: Residential, Single Family Residence Site Address: 3502 Serene Way City/State/Zip: Lynnwood, WA 98087 County: Snohomish Submarket: South Everett/Harbor Point Market Orientation: Suburban Property Location: North short of Serene Lake. South side of Serene Way, north of 140th St SW, west of Lake Rd. IRREvent ID: 3209891 Sale Information Sale Price: Effective Sale Price: Sale Date: Recording Date: Contract Date: Listing Price: Sale Status: $/SF GBA: $/SF NRA: $/Acre(Gross): $/Land SF(Gross): Grantor/Seller: Grantee/Buyer: Property Rights: Exposure Time: Document Type: Recording No.: Verified By: Verification Date: Confirmation Source Verification Type: Secondary Verific. Source 3502 Serene Way Land $580,000 $550,000 07/19/2023 07/19/2023 07/18/2023 $574,000 Closed $556.12 $556.12 $2,037,037 $46.76 Margaret Marie Prather, Teresa Prather 3502 Serene LLC Fee Simple 1 (months) Warranty Deed 202307197058 Jason Neary 03/08/2024 Jared Fratcher - Raintown Realty Confirmed -Buyer Broker Assessor, Data Service, Deed Sale No. 1 w M L Q CL Q �a c ii N c m E t 0 c� r w Q c d E s 0 ca Q irr Packet Pg. 387 8.1.b Land Sale Profile Sale Analysis Other Adjustment:-$30,000 Adjustment Comments: Improvement Contribution Improvement and Site Data MSA: Seattle -Tacoma -Bellevue, WA Legal/Tax/ParcelID: G BA-S F: N RA -SF: Acres(Gross): Land-SF(Gross): Year Built: M&S Class: Improvements Cond.: Exterior Walls: Construction Desc.: No. of Buildings/Stories Multi-Tenant/Condo.: No. Covered Spaces: Roof,Heating,AC Comm Shape: Topography: Corner Lot: Bldg. to Land Ratio FAR Zoning Code: Zoning Desc.: Environmental Issues: Flood Zone Designation Comm. Panel No.: Date: Utilities Desc.: Bldg. Phy. Info. Source: Source of Land Info.: Comments 00570500100800 989 989 0.27 11,761 1932 D Poor Wood siding House burned in 2019 2/1 No/No 3 Fireplace. 676 SF detached garage (unaffected by fire). 240 SF carport. Irregular Gently Sloping No 0.08 WFB Waterfront Beach No X 53061C131OF 06/19/2020 All public utilities to site. Public Records Public Records This is the July 2023 sale of the land at 3502 Serene Way for $580,000 or $2,148,148/acre and $49.31/SF of gross land area. The property has 60 feet of water frontage 3502 Serene Way Land Sale No. 1 along Lake Serene. The property is improved with a single-family home and detached garage. The house burned down in 2019 and is considered to contribute no irr Packet Pg. 388 8.1.b Land Sale Profile Comments (Cont'd) value. Per the broker, the house was unsafe to enter. There is a garage/shop left that was not affected by the fire which the agent indicated contributed approximately $30,000 to the overall sale price. This is a 0.27-acre waterfront property. It was formerly improved with a 989 SF single-family home that was constructed in 1932 but burned down in 2019. The house is not salvageable. The property also includes a 916 SF detached two -car garage with shop and carport that were unaffected by the fire. 3502 Serene Way Land Sale No. 1 irr Packet Pg. 389 8.1.b Land Sale Profile 3502 Serene Way 3502 Serene Way Land Sale No. 1 irr Packet Pg. 390 8.1.b Land Sale Profile Location & Property Identification Property Name: 3902 Serene Way Land Sub -Property Type: Residential, Single Family Residence Site Address: 3902 Serene Way City/State/Zip: Lynnwood, WA 98087 County: Snohomish Submarket: South Everett/Harbor Point Market Orientation: Suburban Property Location: North short of Serene Lake. South side of Serene Way, north of 140th St SW, west of Lake Rd. IRREvent ID: 3209834 Sale Information Sale Price: Effective Sale Price: Sale Date: Recording Date: Contract Date: Listing Price: Sale Status: $/SF GBA: $/SF NRA: $/Acre(Gross): $/Land SF(Gross): Grantor/Seller: Grantee/Buyer: Property Rights: Document Type: Recording No.: Verification Date: Verification Type: Secondary Verific. Source 3902 Serene Way Land $525,000 $525,000 04/18/2022 04/18/2022 04/10/2022 $525,000 Closed $472.12 $472.12 $1,500,000 $34.44 Anthony B & Marjorie A Chilelli Trust Matthew E & Roxanne J Boelter; Todd E, David E, & Bonnie J Harry Fee Simple Warranty Deed 202204187028 03/08/2024 Secondary Verification Assessor, Deed, Data Service Sale No. 2 �n irr Packet Pg. 391 8.1.b Land Sale Profile Improvement and Site Data MSA: Seattle -Tacoma -Bellevue, WA Legal/Tax/ParcelID: 00570600100900 G BA-S F: 1,112 N RA -SF: 1,112 Acres(Gross): 0.35 Land-SF(Gross): 15,246 Year Built: 1948 M&S Class: D Improvements Cond.: Poor Exterior Walls: Wood siding No. of Buildings/Stories: 1/1 Multi-Tenant/Condo.: No/No No. Covered Spaces: 1 Air -Conditioning Type: Electric Roof,Heating,AC Comm.: Fireplace Shape: Rectangular Topography: Gently Sloping Corner Lot: No Bldg. to Land Ratio FAR: 0.07 Zoning Code: WFB Zoning Desc.: Waterfront Beach Environmental Issues: No Flood Zone Designation: X Comm. Panel No.: 53061C131OF Date: 06/19/2020 Utilities Desc.: All public utilities to site. Bldg. Phy. Info. Source: Public Records Source of Land Info.: Public Records Comments This is the April 2022 sale of the land at 3902 Serene Way for $525,000 or $1,500,000/acre and $34.44/SF of gross land area. The property is improved with a single-family home that is in poor condition and not considered to contribute any value. The listing indicates the foundation is bad, holes in the ceiling, and the property is unsafe to enter. The property has a dock and approximately 60 feet of water frontage. This is a 0.35-acre waterfront property improved with a 1,112 SF single-family home constructed in 1948. The 3902 Serene Way Land Sale No. 2 house has three bedrooms, one bathroom, and a 720 SF carport. The house is in poor condition and is considered to be a tear down. This property has about 60 ft of waterfront. There is a dock. w M Q CL Q �a ii N C a� E c� Q c d E s 0 ca Q irr Packet Pg. 392 8.1.b Land Sale Profile 3902 Serene Way 3902 Serene Way Land Sale No. 2 75 L Q Q. Q cu N C d E t 0 Q r�+ C d t V f� w Q irr Packet Pg. 393 8.1.b Land Sale Profile Location & Property Identification Property Name: 137th Street Lot Sub -Property Type: Residential Address: 353 N. 137th St. City/State/Zip: Seattle, WA 98133 County: King Submarket: Northgate/North Seattle Market Orientation: Suburban IRR Event ID: Sale Information 4101-1.1m1 Sale Price: $699,000 Effective Sale Price: $699,000 Sale Date: 10/15/2021 Sale Status: Closed $/Acre(Gross): $1,124,517 $/Land SF(Gross): $25.82 $/Unit (Potential): $349,500 /Unit Grantor/Seller: Kristy & Cory Cozzetti Grantee/Buyer: Steven Jacques & Yaeko Ttee Property Rights: Fee Simple Exposure Time: 4 (months) Financing: All cash Document Type: Warranty Deed Recording No.: 20211015001114 Verified By: Jason Neary Verification Date: 08/17/2023 Confirmation Source: NWMLS 1833591/Public Record Verification Type: Confirmed -Other Improvement and Site Data MSA: Seattle -Tacoma -Bellevue, WA Legal/Tax/ParcelID: 1926049154 Acres(Gross): 0.62 Land-SF(Gross): 27,075 No. of Units (Potential): 2 137th Street Lot Sale No. 3 Zoning Code: NR2 Zoning Desc.: Neighborhood Residential 2 Flood Plain: No Utilities: Water Public, Sewer Source of Land Info.: Public Records irr Packet Pg. 394 8.1.b Land Sale Profile Comments Lake front lot on Bitter Lake that sold with approved architectural plans for a 2-story, 5 bedroom/3 bathroom 3,395 SF home & 3-car garage. Additional plans were approved for a 2-story DADU. Sale also included approved site drainage report, waste & water plan, soil test, and temporary power pole. All utilities are in the street nearby. The property has 50 feet of lake frontage. The property is close to multiple retailers along Aurora Ave N including an L.A. Fitness, Lowes, Hobby Lobby, and Home Goods. 137th Street Lot Sale No. 3 irr Packet Pg. 395 8.1.b Land Sale Profile 137th Street Lot Sale No. 3 LL v irr Packet Pg. 396 8.1.b Land Sale Profile Location & Property Identification Property Name: Lake Shoecraft Lot Sub -Property Type: Residential Address: 15014 W. Lake Goodwin Rd. City/State/Zip: Stanwood, WA 98292 County: Snohomish Submarket: North Snohomish County Market Orientation: Suburban IRR Event ID: Sale Information 3039111 Sale Price: $590,000 Effective Sale Price: $590,000 Sale Date: 08/24/2021 Sale Status: Closed $/Acre(Gross): $1,204,082 $/Land SF(Gross): $27.64 Grantor/Seller: Gordon Wheeler Oakes Estate Sale No. 4 Grantee/Buyer: Folks, LLC Property Rights: Fee Simple N Exposure Time: 1 (months) T_ Financing: All cash Q Q Document Type: Warranty Deed is Recording No.: 202108247019 = Verified By: Jason Neary ii Verification Date: 08/18/2023 N +� Confirmation Source: MLS #1814683/Public Records c E t Verification Type: Confirmed -Other w Q Improvement and Site Data a� MSA: Seattle -Tacoma -Bellevue, WA Zoning Desc.: Residential s Flood Plain: No M Legal/Tax/Parcel ID: 00480700000104 Source of Land Info.: Public Records Q Acres(Gross): 0.49 Land-SF(Gross): 21,344 Zoning Code: R5 Lake Shoecraft Lot irr Packet Pg. 397 8.1.b Land Sale Profile Comments Residential lot with approximately 65 feet of water frontage. Sale includes a private dock in good condition. The property has septic installed and water is available at the street. The property has frontage along Lake Shoecraft which is the smaller of the two lakes in the region and includes Lakes Shoecraft and Goodwin. Commercial uses are approximately 5.0 miles east of the property and include Lowes, Costco, Target, Hobby Lobby, Marshall's, and Best Buy. Lake Shoecraft Lot Sale No. 4 irr Packet Pg. 398 8.1.b Land Sale Profile Lake Shoecraft Lot Sale No. 4 LL v irr Packet Pg. 399 8.1.b Land Sale Profile Location & Property Identification Property Name: 1516 N Lake Stickney Drive Land Sub -Property Type: Residential, Single Family Residence Site Address: 1516 N. Lake Stickney Dr. City/State/Zip: Lynnwood, WA 98087 County: Snohomish Submarket: South Everett/Harbor Point Market Orientation: Suburban Property Location: North side of Stickney Lake. South side of N Lake Stichney Dr, east of 17th Abe W and 16th Ave W, west of 12th PI W. IRREvent ID: 3209906 Sale Information Sale Price: $327,000 Effective Sale Price: $306,700 Sale Date: 01/31/2018 Recording Date: 01/31/2018 Contract Date: 01/25/2018 Listing Price: $349,000 Sale Status: Closed $/SF GBA: $241.88 $/SF NRA: $241.88 $/Acre(Gross): $538,070 $/Land SF(Gross): $12.35 Grantor/Seller: Man Chih Ao Estate, Chwen-Chyong Tsau Grantee/Buyer: Yong Wang, Shari Li Xiaohong Property Rights: Fee Simple Document Type: Warranty Deed Recording No.: 201801310535 Verification Date: 03/08/2024 Verification Type: Secondary Verification Secondary Verific. Source: Assessor, Data Service, Deed 1516 N Lake Stickney Drive Land Sale No. 5 irr Packet Pg. 400 8.1.b Land Sale Profile Sale Analysis Other Adjustment: Adjustment Comments: $20,300 MH Value per Assessor Improvement and Site Data MSA: Seattle -Tacoma -Bellevue, WA Legal/Tax/ParcelID: G BA-S F: N RA -SF: Acres(Gross): Land-SF(Gross): Year Built: No. of Buildings/Stories Multi-Tenant/Condo.: Air -Conditioning Type: Shape: Topography: Corner Lot: Bldg. to Land Ratio FAR Zoning Code: Zoning Desc.: Environmental Issues: Environmental Desc.: Flood Zone Designation Comm. Panel No.: Date: Utilities Desc.: Bldg. Phy. Info. Source: Source of Land Info.: Comments 00493900000300 1,268 1,268 0.57 24,829 1963 1/1 No/No Roof Central Mounted Irregular Gently Sloping No 0.05 WFB Waterfront Beach Yes Possible wetlands. X 53061C102OF 06/19/2020 On septic. All public utilities available. Public Records Public Records This is the January 2018 sale of the land at 1516 N Lake Stickney Drive for $327,000 or $573,684/acre and $13.17/SF of gross land area. There is a manufactured home on -site listed as having a small kitchen with 2 beds and 1 bath. Assessor values the MH at $20,300. The property has approximately 40 feet of water frontage. All sale info via public records and MLS. Unable to reach broker. 1516 N Lake Stickney Drive Land Sale No. 5 This is a 0.57-acre waterfront property improved with a 1,268 SF mobile home that was constructed in 1963. It has two bedrooms and 1.5 baths. The property has 40 ft of lake front. irr Packet Pg. 401 8.1.b Land Sale Profile Sale No. 5 f" t, it of ! 4 S 1420 N Lake Stickney Drive L Q Q. a m U. N C 4) E t v R a E m a 1516 N Lake Stickney Drive Land irr Packet Pg. 402 8.1.b Addenda Addendum E Preliminary Title Report Jnati Investments Property 01rr Packet Pg. 403 8.1.b Addenda ALTA COMMITMENT FOR TITLE INSURANCE Commitment Number Issued by agent. CHICAGG TITLE 500143617 COSIPAINI' Ol III\ NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION. OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION. ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice: Schedule B, Part I -Requirements. Schedule B. Part II -Exceptions, and the Commitment Conditions, Chicago Title Insurance Company, a Florida corporation (the "Company'), commits to Issue the Policy according to the terms and provisions of this Commitment- This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A. only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have not been met within one hundred eighty (180) days after the Commitment Date. this Commitment terminates and the Company's liability and obligation end. Countersigned By. " c—A �, Knsty Jeglum Authorized Officer or Agent Chicago Title Insurance Company br e.�Ilezg Michael J Nolan. President Attest Marjorie Nemzura, Secretary This page is only a part o! a 2021 ALTAIS Commitment for Ti66 Insurance Issued by Chicago Tito Insurance Company, Thies Commitment is nix valid wXhiout the Notice, the Comm(inenf to Issue Policy, the Commitment CoWitions. SUedheie A, Schedule 8, Pat f-Requirements: Schoduvhe 8 Part lf-Exceptions. and a countcf-signature Ly the Company oe its sswig agera ttaet may be w efectmnic form. Copyright American Land Title Association_ All rights reserved. The used this Form !or any dem. alive thereof) Is restricted to ALTA licensees and ALTA members in good standing mot the - date of use All other uses are prohibited Reprmted under license from the Americari Land Title Association. ALTA Cxmiilmmt F. TAIe bnu:eree wWA hlod (0,'01,2021) Pixited 06 0623 A 05 21 PM_ P.Q. 1 WA-CT-FNRV-02150-624683-SPS1.23-500143617 Jnati Investments Property 01rr Packet Pg. 404 8.1.b Addenda CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: ISSUING OFFICE FOR SETTLEMENT INQUIRIES. CONTACT Title Officer Residential Und Chicago Title Company of Washington 3002 Colby Ave., Suite 200 Everett, WA 98201 Phone: (425)259-8214 Fax (866)827-8844 Main Phone- (425)258-3683 Email. snotitle@ctt.com Order Number: 5001431617 SCHEDULE A 1. Commitment Date: May 31, 2023 at 08:00 AM 2. Policy to be Issued: (a) ALTA Homeowner's Policy of Title Insurance 2021 w-WA Mod Proposed Insured: City of Edmonds Proposed Amount of Insurance: $10.500.00 The estate or interest to be insured- FEE SIMPLE Premium: $ 210.00 Tax: $ 20.79 Rate- Homeowners Discount(s): Residential Total_ $ 230.79 3 The estate or interest In the Land at the Commitment Date Is: FEE SIMPLE 4. The Title is, at the Commitment Date, vested in JNATI Investment LLC. a Washington Limited Liability Company 5. The Land is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A Rbs page is airily span of a 2021 ALTAc Commifinent for Titte ksunirics issued by Chicago Tito Insurance Company. This Commitmenf o na valid without the Notice. the Commitment to Issue Policy. the Commitment CoWilions. Shcedtde A, Schedule B. Pat I -Roo niments. Srhedude B. Part II-Excepbons, and a punter -signature by the Company ov its issuu3g agent that may be x elelx7onic form. Copyright American Land Title Association. All rights reserved_ The used the Form {or any derwatrve Iheredi is restricted to ALTA licensees and ALTA members in good standing as of the _ dated use. Allother uses are prohbded. Reprinted under license from the American Land Title Association. ALTA Cortniitmml for T41e MvBn:e -WA Mod (07701 2021 t P"Wd i 6 t16.T3 .@ 05 21 PM Pagr 2 WA-CT-FURY-02150.624683-3PS1-23.500143617 Jnati Investments Property 01rr Packet Pg. 405 8.1.b Addenda EXHIBIT "A" Legal Descnptlon For APNIParcel ID(s): 004888-007-027.00 LOT 27. BLOCK 7. LAKE BALLINGER LAND CO'S PLAT SUBDIVISION NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS. PAGES 57 AND 58, RECORDS OF SNOHOMISH COUNTY, WASHINGTON: EXCEPT PORTION DEEDED TO SNOHOMISH COUNTY FOR ROAD RECORDED UNDER RECORDING NO. 583296. TOGETHER WITH SHORELANDS OF SECOND CLASS ABUTTING AND ADJACENT TO SAID PREMISES. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. This page rs only a part of a 2021 ALTAv Commiment for Title frtsurance issued by Owago Tile insurance Company. This Conamifinanf is not valid VMttout trig Notice: the Comm (mient to tssue Policy, the CoryinItnerd Candlions. ScAedrte A. Schedule S. Pad I-Reptarements. Sd wais B. Pad if-Excep:,ons. and a counter -signature by the Company a Its usw V agent tU may be M electroirc farm. Copyright American Land Title Association. All rights reserved. , The use of this Form {a any derivative lheredl is restrcted to ALTA Icensees and ALTA rrem6ers in good star" as of the _ date of use. AA other uses are pruhi ited. Reprinted under license from the American Lad Time Association ALTA Gxrvniu —! fur TTIr envexc .-WA Wd fGT 51i2021 Wasted. 08 06.23 4 05 21 PM Psye 3 WA-CT-FWVA2150.624603-SP&1-23.500143617 Jnati Investments Property 01rr Packet Pg. 406 8.1.b Addenda CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617 SCHEDULE B. PART I - Requirements All of the follovnng Requirements must be met. 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an Interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or Interest to be Insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be Insured, or both. must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Additional requirements and/or exceptions may be added as details of the transaction are disclosed to. or become known by the Company. 6. If the Seller or Borrower intends to sign documents required to insure the transaction utilizing a remote online notary. please notify the Company Immediately as additional underwriting requirements will need to be satisfied. 7. The Proposed Policy Amount(s) must be increased to the full value of the estate or interest being Insured, and any additional premium must be paid at that time. An Owner's Policy should reflect the purchase price or full value of the Land. A Loan Policy should reflect the loan amount or value of the property as collateral_ Proposed Policy Amount(s) will be revised and premiums charged consistent therewith when the final amounts are approved. This page is only a part of a 2021 ALTAe Commitment for Title insurce issued by Cfucago Tile insurance Company. Thrs Commitment is not valid w0houf the /Yo Pce. the Commtmerd to issue Policy: fife Commitment Conditions Schedule A. Schedule B. Pal I-Regorements. Sdiedule B. Pad H-Exceptions, and a counfef-signaf;no ty the Company of ds isswV agent ON may bo an electronic farm. r Copyright American Land Title Assouation. All rights reserved. The use of this Fain (or any derivative therecfl is restricted to ALTA licensees and ALTA members in good slardrg as of the - date of use. AO other uses are prohibited- Reprinted under license from the American Land Title Association ALTA C-1101ei11 fa TAIe Insurnnce -WA Abd (07101,2021+ Pm1ed: 06 06.23 @ 05 21 PM Page 4 wAZT�FNRV-02150 624683•SPS-1.23.500143017 Jnati Investments Property 01rr Packet Pg. 407 8.1.b Addenda CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617 SCHEDULE B, PART I - Requirements (continued) Payment of the real estate excise tax, if required. The Land is situated within the boundaries of local taxing authority of the City of Edmonds The rate of real estate excise tax for properties which are not formally classified and specially valued as timberland or agricultural land is StatePortion: 1.10% on any portion of the sales price of $525.000 or less: 1.28% on any portion of the sales price above $525,000, up to 51,525.000. 2.75% on any portion of the sales price above $1,525,000, up to 53,025.000: 3.00% on any portion of the sates price above $3,025.000. The rate of excise for properties formally classified as timberland or agricultural land will be 1.28% for the State portion on the entire sales price. Local portion- 0.50% on the entire sales price. An additional 55.00 State Technology Fee must be included in all excise tax payments. If the transaction is exempt, an additional $5.00 Affidavit Processing Fee is required. Any conveyance document must be accompanied by the official Washington Stale Excise Tax Affidavit, which can be found online at https:irdor-wa.gov,get-form-or-publication!forms-subject)real-estate-excise-tax. The applicable excise tax must be paid and the affidavit approved at the time of the recording of the conveyance documents. (NOTE: Real Estate Excise Tax Affidavits must be printed as legal size forms). Any instrument to be executed by City of Edmonds must be in accordance with statute. Satisfactory evidence of authority must be submitted. The Company reserves the right to except additional items andlor make additional requirements after reviewing said documents Thispage is only a Dart ar a 2021 ALTAt Commitment for Title insurance issued by Chkago Ttfe Insurance Company. This Commitment is not 19fio without the Notice, the Commitment to Issue Policy, the Commitment Conditions. SMaeduie A, Schedule B. Part f-Requlmime nts. Sch duto B_ Part H-Except,ons aryl a counter -signature by the Company a its ussuiV anent that may be un eleclAwic tort. Copyright American Land Title Assodatlon. All rights reserved. The use of the Form (or any derrvatiVe thereoO is restrcted to ALTA icensees and ALTA members in good starudrg as of the - date of use. A I other uses are prohibited Reprinted urMclr license from the Amerces+ Land Title Association. ALTA (:rxr 11-1 to Title V-4— .-WA Mod 07101,2021 y r4n1ed 06.06.23 @ 05.21 PM Paye 5 VA -CT F-MV-02150.e24693-51PS1-23.500143617 Jnati Investments Property 01rr Packet Pg. 408 8.1.b Addenda CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617 SCHEDULE B, PART I - Requirements (continued) to. The Company will require the following documents for review prior to the issuance of any title Insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: JNATI Investment LLC, a Washington Limited Liability Company a) A copy of its operating agreement. if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropnate filing stamps c) If the Limited Liability Company is member -managed, a full and complete current list of members certified by the appropriate manager or member d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. It- TO PROVIDE THE EXTENDED COVERAGE POLICY ANDiOR ALTA HOMEOWNER'S POLICY IDENTIFIED IN SCHEDULE A, GENERAL EXCEPTIONS A THROUGH D WILL BE CONSIDERED WHEN OUR INSPECTION ANDIOR REVIEW OF SURVEY, IF REQUIRED, IS COMPLETED. A SUPPLEMENTAL COMMITMENT WILL FOLLOW. If there have been recent improvements on the property within 90 days prior to closing we will require a signed indemnity agreement and a recent financial statement from each indemrutor. If construction financing is to be insured. please contact the title officer for requirements. The Company reserves the right to add additional exceptions or make further requirements after review of the property inspection and requested documentation. Additional requirements and/or exceptions may be added as details of the transaction are disclosed to, or become known by the Company. END OF REQUIREMENTS This page is only a part of a 2021 ALTAc Cormiu enf for Title Insurwce issued by Chicago Tote insurance Canpany Ns Cornni tment Lsnot valid vkhout the Not", the Conimtmero to Issue Policy: the Commamett Conditions- SdiediAe A, schedule B. Part I-Regw9nients. Scbodui'e B. Part II-Exceptioris. and a canter -signature by the Company arts sswr g agent fiat may be in etocrtmic form. Copyright American Land Title Association. All rights reserved. The use d lhs rum Ior a:y diinvatw thereof) is restricted bD ALTA locensees and ALTA mentws in good standing as of the - _ date of use. AO dher uses are prohLded. Reprnted under ficense from the American Land Titlee Association ALTA Caml1-1 fo Tdie Ihs.. a w4',A 4kei i0T01-2021'; Primed. 05 06.23 @ 05 21 Pk/ Page 6 'NA -CT rNRV-02150 624693-SP3-1.23.500143617 Jnati Investments Property 01rr Packet Pg. 409 8.1.b Addenda CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617 SCHEDULE B, PART I - Requirements (continued) NOTES The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or are not matters covered under the insuring provisions of the policy. Note A Notice: Please be aware that due to the conflict between federal and stale laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. Note B. The application for title insurance was placed by reference to only a street address or tax Identification number. The proposed Insured must confirm that the legal description in this report covers the parcel(s) of Land requested to be insured. If the legal description is incorrect, the proposed Insured must notify the Company and/or the settlement company in order to prevent errors and to be certain that the legal description for the intended parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. Note C: Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded. per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: PTN LT 27, BLK 7, LAKE BALLINGER LAND CO'S PLAT SUBDIV NO 1 Tax Account No.: 004888-007-027-00 Note D: Note: The Public Records indicate that the address of the improvement located on said Land Is as follows. 7317 Lake Ballinger Way Edmonds. WA 98026 Note E. Note- There are NO conveyances affecting said Land recorded within 36 months of the date of this report. Note F: Note- The Company finds no matters against the name(s) of City of Edmonds in the Public Records which would appear as exceptions in the policy. Ttits page is only apart of a 2021 ALTAs Commitment for Title tsurance issued by Chicago Title Insurance Company. This Commitment is not valid sllticul the Nonce, the Commitment to Issue Policy, the Canmitmenf Conditions. Schladule A. Schedule 8, Part PRawroments. Schedule 8, Part It -Exceptions: and a counter -signature by the Company at its LssimV agent that may be in electronic form i Copyright American lard Titre Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted bD ALTA licensees and ALTA nlenbers in good standing as of the ,• date of use. All other uses are prohibited. Reprinted under license fran the American Land Tile Association ALTA Carmilmerd la Title Yssrrence w WA Mod (07*1 r"I) Puled: OB_06 23 @ 05_21 PM Page 7 WA-CTRFN2V{02150.6246113-SPS•1.23.500143617 Jnati Investments Property 01rr Packet Pg. 410 8.1.b Addenda CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617 SCHEDULE B, PART I - Requirements cmlinued) Note G: Recording charges (per document title) for closings on July 26. 2021 and after for all Washington counties: Deed of Trust - S204.50 and S1 for each additional page. Most other Docs. except as noted below - $203.50 and $1 for each additional page - Assignment of Deed of Trust. Substitution of Appointment of Successor Trustee - S18.00 and $1 for each additional page. Multiple titled documents are charged per applicable title. Our Company uses Simplihle, a third party vendor. for electronic submission of documents to the County. In addition to the County recording fee each document recorded electronically will be billed an additional $4.25 plus tax. RECORDING CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Note H This mapiplat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land. Except to the extent of a policy of title insurance is expressly modified by endorsement. if any, the Company does not insure dimensions. distances of acreage shown thereon_ END OF NOTES END OF SCHEDULE B. PART I This page is only a part & a 2021 ALTAo Commitmenf for AW hisurance isswd by Chicago Tito insurance Company. This Commitment is rid valid without the NObGe. the Camm`tmeru to Issue Policy: the Commifinerif Conditions. Sd*&4e A. Schedule B. Pao I-Regmmmows- SclWaie B. Pad H-Exceptions. and a counfefsignalin by the Company of its Lssumig agent ther may be in oWlra»c form Copyright American Land Title Association. All rights reserved - The use cf ms Form (or eny de,valw thered) is restrcted L ALTA icensees and ALTA nlerrlbers in good starirrrlg as of the - date of use AD other Lres are prohibited Reprinted under license from the Amercal Lard Title Association. .ALTA Cvinml—1 lu Title ►oi me .v-WA Nbd i07�012021 Printed. 0606 23 a 05.21 PM Page 6 WA-CT-FNRV-02150-6246e3-SPS-1.23.500143617 Jnati Investments Property 01rr Packet Pg. 411 8.1.b Addenda CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617 SCHEDULE B, PART II - Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted. repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A and will include the following Exceptions unless cleared to the satisfaction of the Company: GENERAL EXCEPTIONS: A. Rights or claims of parties in possession, or claiming possession. not shown in Public Records. B. Any encroachment, encumbrance- violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, nghts-of-way. liens or encumbrances, or claims thereof. not shown by the Public Records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation. or for services, labor, or material heretofore or hereafter fumished, all as Imposed law. and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records- F. Any lien for service- installation, connection, maintenance, tap- capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. This page is only a part of a 2021 ALTAr Commitment for Title Inswance issued by Chicago Tile insurance Company- This Commitment is not valid wrttouf the Notice, the Commitment to Issue Polcy, the Commitment Conditions: Sdiedtib A. Schedule B. Part t-Requitemertts Srliedute B. Part !(-Eicepbons. grid a counter -signature by the Company at is ,aswrig agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The used tns =orm tior ar y dervatrve thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use A➢ oU1er uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Corry Arv—1 fv T-lie li ," -WA %A f07101 i2021 Y Rnled: 06 0623 @ 05 21 PV Page 9 WA CT FNR'J 02' 50 624683-SPS1l23.500143617 Jnati Investments Property 01rr Packet Pg. 412 8.1.b Addenda CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617 SCHEDULE B, PART II - Exceptions (continued) G. Unpatented mining claims, and all rights relating thereto. H. Reservations and exceptions in United States Patents of in Acts authorizing the issuance thereof_ I. Indian tribal codes or regulations. Indian treaty or aboriginal nghts, including easements or equitable servitudes. J. Water rights. claims or title to water K. Any defect. lien. encumbrance, adverse claim, or other matter that appears for the first time in the Public Records, or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I • Requirements are met. SPECIAL EXCEPTIONS: Exceptions and reservations contained in deed whereby the grantor excepts and reserves all al, gases, coal. ores. minerals. fossils. etc-. and the right of entry for opening. developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry Grantor: State of Washington Recording No-. 326924 NOTE: This exception does not include present ownership of the above mineral rights. 2. Right to regulate the level of the water in Lake Ballinger. also known as Lake McAleer, in accordance with the provision of a Decree of the Superior Court entered in Snohomish County Superior Court Case No 39542 of said county. This page es onty a part of a 2021 ALTAs Commitment for Tt1e hrsrsance issued by Chicago TUe Insurance Company. This Commitment is not vafid **hod Itie Notice. the Commitment to tssue Pocky: the Commitment Cordalions: Scheduie A. Schedule B. Part 1-Requrements Shcedu8e B- Part II-Excvarons: and a countcr-signalum by the Company or ds +ssuv g agent thin may be or efecmanic lam_ t Copyright American Land Title Association. A11 rights reserved. , The use or this Form (or any decrvative tnered) is restricted to ALTA Licensees and ALTA members in good standing as of the dated use AM other uses are prohbited. Reprinted udder license from the American Lana Title Association. ALTA C-111 n1 ru T de kav— w W A hkA (07;01 12021) PW d. 06 06.23 9 05 21 PM Page 10 'NA -CT FNRVA2150 6246113-SPS-1.23-500143617 Jnati Investments Property 01rr Packet Pg. 413 8.1.b Addenda CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617 SCHEDULE B, PART II - Exceptions (continued) 3. Covenants, conditions, restrictions, recitals. reservations, easements, easement provisions. encroachments. dedications- building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation. familial status, marital status, disability, handicap, national origin, ancestry, or source of income. as set forth In applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. as set forth on the Plat Btereof recorded in Volume 9 of Plats, pages 57 and 58: Recording No 210221 4. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any. Including but not limited to those based upon race, color, religion, sex, sexual onentation, familial status. marital status, disability. handicap, national origin, ancestry, source of income, gender, gender Identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws. except to the extent that said covenant or restriction is permitted by applicable law. as set forth in the document Recording Date: February 20, 1932 Recording No.. 513518 5. Notice of limitation and covenant adult family home Recording Dale: October 8, 1996 Recording No.. 9610080159 6. Question of location of lateral boundaries of said second class tidelands or shorelands. 7. Any question that may anse due to shifting and changing in the course, boundaries or high water line of Lake Ballinger (Lake McAleer). 8. Rights of the State of Washington in and to that portion, if any, of the Land which lies below the line of ordinary high water of Lake Ballinger (Lake McAleer). 9. Any prohibition or limitation of use, occupancy or improvement of the Land resulting from the rights of the public or riparian owners to use any portion which is now or was formerly covered by water. 10_ Paramount rights and easements in favor of the United States for commerce, navigation, fisheries and the production of power. This page is aNy a part of a 2021 ALTAt Commitment for Title Msi✓ance issued by Ctucago Ttte Msurancs Company. This Commitment is not valid without the Notice: the Commtmeru to Issue Policy, the Commitment Candtims. Schedule A. Schedule B, Pat I-Ragommcrits Sd duk B Pad and aa aaintay-si"tffe by the Company or OS rssw g agent 04 may be N electramc lam. Copyright American Land Title Association. Am rights reserved. "ne ins R)rm i-x any di rnalrve therWf) is restreled to ALTA licensees and ALTA members in good startling as of the date .,f _;e AI other uses are prohibited. Reprinted under license from the American Lend Titls Association AL TA C✓im,11r 11 fa T.IIe WA Mod (07�01-2021 �- Pmwd: 06 06.23 @ 05.21 PM Page 11 WA•CT-FNRV4)2150.824663-SPS-1-23.500143617 Jnati Investments Property 01rr Packet Pg. 414 8.1.b Addenda CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617 SCHEDULE B, PART II - Exceptions (continued) 11. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof: Indian treaty or aboriginal rights 12 General and special taxes and charges. payable February 15. delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2022 Tax Account No.. 004888-007-027-00 Levy Code: 00217 Assessed Value -Land: $618.400-00 Assessed Value -Improvements: $1,400-00 General and Special Taxes: Billed: $5.133.91 Paid: $2,566-96 Unpaid. $2.566.95 13. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2023 Tax Account No.. 00488M07-027-00 Levy Code: 00217 Assessed Value -Land: $662.200-00 Assessed Value -Improvements- $1,400-00 General and Special Taxes: Billed: $4,640.12 Paid. $0.00 Unpaid: $4,640.12 14. City. county or local improvement district assessments, if any_ 15. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence. Th.s page is only a part c`a 2021 ALTA n Cammrtment for Title hrsumire ssued by Ctucago Tile hisurance Company This Conxnrtment is not ✓d6d vdhout the N'otrca. the Commtmerit to Issue Podcy, the Commdmont Conditions. Scheoinle A. Schedule B. Part i-Regwramavis: Suxdule B. Pad tl-Exceptions, and a counter-signarWe by the Campany a ds Lssw.ng agent Na may bL, ,n eiectronrc /omit. Copyright American Land Title Association. All rights reserved. , The use d thr Form (or any demAive thereof) is restricted to ALTA licensees and ALTA members in good standing as of the dated use Allother ryes are prohd4ed. Reprhntied urxw kense from the American Lard Title Association, ALTA C<rnnan-A la Tale M h.rerne . WA Nbd ((Mrilf2021 i Pmted. 06 06 Z3 @ 05 21 FR Pay. 12 WA-CT-FNRV-02150 624663-SP31-23.500143617 Jnati Investments Property 01rr Packet Pg. 415 8.1.b Addenda CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617 SCHEDULE B, PART II - Exceptions (continued) 16- A lien for the amount shown below and any other amounts due, Amount: $546.35 Claimant: City of Edmonds Nature of Claim: Water and Sewer and Storm Dram Services Recording Date: Apnl 23. 2018 Recording No.: 201804230131 17. A lien for the amount shown below and any other amounts due. Amount: $2.673-06 Claimant: City of Edmonds Nature of Claim: Water and Sewer and Storm Dram Services Recording Date: May 20. 2020 Recording No.. 202005200217 18- A lien for the amount shown below and any other amounts due, Amount: $4.579-17 Claimant: City of Edmonds Nature of Claim: Lien Recording Date: May 16, 2022 Recording No 202205160182 END OF SCHEDULE B. PART II Th,s page is only a part of a 2021 ALTAn Commitment for T IV insurance issued by Chicago Tile insurance Company. Tins Commitment is not valid wdioul tin Notice. the Comrutnient to Issue Policy, the Commitment Conditions. Schedule A. Schedule 8, Part I-Requifemants. Sd*&-e B. Part If -Exceptions: and a counter-s ywure by the Company or its usuirQ agent that may be in electronic faro. Copyright American Land rile Association. AN rights reserved. The use of the Form (or any derivative thereon) is restrx: ted to ALTA licensees and ALTA me hers in good standng as of the date of use. Aa other uses are prohibited. Reprinted urda license from the Americas tad Title Assodetion ALTA Currtnitmant 1a T41e Mvance w-W A hied i OT; 01-2021 i Palm«! 05 06 23 f4 05 21 PM Page 13 WA-CT-Fi4RV-02150 fi24663-SPS1 •23-500143617 Jnati Investments Property 01rr Packet Pg. 416 8.1.c Acquisition Stewardship Plan 7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-2023-Edmond -00101 Prepared for City of Edmonds 121 5th Ave N Edmonds, Washington 98020 Prepared by Herrera Environmental Consultants, Inc. 2200 Sixth Avenue, Suite 1100 Seattle, Washington 98121 Telephone: 206-441-9080 May 8, 2024 It HERRERA Science + Planning + Design Packet Pg. 417 8.1.c Note: Some pages in this document have been purposely skipped or blank pages inserted so that this document will print correctly when duplexed. Packet Pg. 418 8.1.c Contents Introduction...................................................................................................................................................................................1 Background..........................................................................................................................................................................1 LandUse History................................................................................................................................................................1 Descriptionof the Project Area..............................................................................................................................................2 NarrativeDescription of the Property........................................................................................................................2 Photographs Taken at Permanent Photograph Points........................................................................................7 CurrentConditions............................................................................................................................................................8 Fish Use and Habitat Hydrologic................................................................................................................................................................ 9 Soilsand Soil Stability..........................................................................................................................................9 Uplands......................................................................................................................................................................9 PublicUse..................................................................................................................................................................9 Cultural and Historic Resources......................................................................................................................10 Other Natural or Man -Made Features on the Property........................................................................10 Short-term Land Management Goals and Objectives (Desired Conditions to Follow Current Conditions)................................................................................................................................................................10 Long-term Stewardship Goals and Objectives......................................................................................................10 StormwaterManagement.................................................................................................................................10 Restoration.............................................................................................................................................................10 Roles, Responsibilities, and Funding.........................................................................................................................11 Constraints and Uncertainties.....................................................................................................................................11 References....................................................................................................................................................................................12 Appendices Attachment A: Permit Requirements cz cc_23-08279-001_edmdsbIIngr_propstwdshppin_20240508.docx Packet Pg. 419 8.1.c Figures Figure 1. U.S. Geological Survey Quadrant Map for 7317 Lake Ballinger Way............................................3 Figure 2. Snohomish County Assessor's Parcel Map for 7317 Lake Ballinger Way....................................4 Figure 3. Vicinity Map for 7317 Lake Ballinger Way...............................................................................................5 Figure 4. Site Plan for 7317 Lake Ballinger Way Showing All Structures and Natural Features................................................................................................................................................................ 6 V II cz cc_23-08279-001_edmdsblingr_propstwdshpp HERRERA Packet Pg. 420 8.1.c Introduction Background This project will provide funding to purchase a vacant single-family residential property located at 7317 Lake Ballinger Way (parcel 00488800702700) that lies within the Lake Ballinger floodplain. The parcel is 0.55 acres and sits at the lowest elevation on the lake adjacent to State Route 104 (SR-104). Before this project, the site included a partially demolished one-story, single-family home (originally about 2,413 square feet), a two -car detached garage, a paved driveway, and a patio. The parcel itself includes a Fish and Wildlife Conservation Area, a wetland, a frequently flooded area (FEMA Zone A floodplain), and a landslide and erosion hazard area. Lake Ballinger is a 107-acre lake within both the City of Edmonds, WA (35 acres and 49 residential parcels) and the City of Mountlake Terrace, WA (72 acres and 3 residential parcels). In addition to the watershed area located in the City of Edmonds (25 percent) and the City of Mountlake Terrace (23 percent), the watershed draining to the lake is also located in the City of Shoreline (22 percent), the City of Lynnwood (21 percent), and Snohomish County (9 percent) (Lake Ballinger Fact Sheet 2011). Seasonal flooding continues to reach the home and surrounding impervious areas, washing polluted material into floodwaters that drain to Lake Ballinger and downstream waterbodies, including McAleer Creek, Lake Washington, and ultimately the Puget Sound. This project will improve water quality in Lake Ballinger by acquiring parcel 00488800702700, removing the existing structures and any pollution -generating hard surfaces from the site, and restoring the natural floodplain area. Land Use History Landau Associates prepared a Phase I Environmental Assessment for the property and collected historical aerial photographs, topographic maps, and city directories to develop the land use history of the subject and adjacent properties (Landau Associates 2023). Topographic maps from 1895 and 1897 showed no signs of development activity on the subject property, and a small number of scattered gravel roads can be identified in the surrounding area. Aerial photographs from 1936 show that the subject property is still undeveloped, with a dirt road accessing the property along the western property boundary. There are no structures visible on the 1943 aerial photographs of the property, but Snohomish County parcel records indicate that construction of structures on the property were completed in 1944. The present-day house, detached garage, and boat dock are visible in the 1953 aerial photographs. The address was first listed in the 1972 City of Edmonds directory when residential occupancy was listed. The house was occupied as a residence until sometime around 2014 but has not had any listed occupants since that time. The current zoning designation for the parcel is RSW-12: Waterfront Single Family, 12,000-square-foot lots. Acquisition Stewardship Plan 7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-2023-Edmond-00101 (AV, Packet Pg. 421 8.1.c Description of the Project Area Narrative Description of the Property The subject property is a 0.55-acre residential property located along the southern Lake Ballinger shoreline. The surrounding area is shown in a United States Geologic Service (USGS) map (Figure 1), the Snohomish County Assessor's parcel map (Figure 2), and a vicinity map (Figure 3). Existing onsite property structures include a 2,413-square-foot residential structure constructed in 1944, as well as an 840-square-foot detached garage. There are two access driveways that lead to the property, one on the southeast side and one on the southwest side. The driveways start out as asphalt and transition to an unpaved (dirt) surface. There is a 192-square-foot boat dock, which is partially attached and nonfunctional, located along the shoreline. The site plan is shown on Figure 4. Ok 2 Acquisition Stewardship Plan HERRERA 7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-20 Packet Pg. 422 8.1c 176!~ sr SW SwTt✓• � 3 Eac opus - — '�tllr. tr 544 Esperance d Q O Mountlake L Terrace d 0 y< � L a s;cD :e .a_r~ rsw m ra �.�iesr ca, ri.il Y „ sry oFJ :are..-rr•. _ _ 7317 Lake 11Iw ;" Ballinger Way PLSS: T26N ME g c SN_ O_ KING COUNTY _ zasr~sr a+ L COUNTYKINGLaXF RAI UNG_ER WAY;N10HO I1SH FOUN IV KING OUNTY--,, d N dOlND SI M 1 � NSOISI SI [7 — i N l.rxi� L — Lake w' Echo \ r Lake M � 92 .• "ID Sr � �i 1 E - V ti RD m Richmond Highlands i V O U I6 r~ IT _ pekoe Z O iy mall 5I~sI - North City Ronald Roo avD sr Ne lnr+Osr- Q 7317 Lake Ballinger Way 'It I»r,rsr Packet Pg. 423 t1t1AR16R KCT10N TOW4,BHP N W B L. RANGE E W M SW 32 27 - -- C*RNWV4 Lot Block S6L71411 -. — City Umes r—, w. ... �t'• `!911 :. Gov lot _ ROW glvtlr - - Tar A<G 1 inch 298JFW ' Map, Water OBNt lot ------- p4c ROW ---- 18M -- Fasemem Apr.dw., a/uY..6w....•.__- -._. mmw WON Otlw&OOV — 1Atc lot .fnxlwN l'wwwry, MwJiwRla I NW32-27-04 i 01 j --} :.. (LAKE MCALEER) 17 a i 03w- 06 2.001 I - 1 \\ I ........,. 06 :OS 2-004 --, ----. 04 :05 1 I s I t -002 02 3.016 7 "D4 i 30 y03 " 8 3M I 03 01 / 6 11 015 fEHE 6 03 3 1 { Sn 3-005 /S is `i� ,6 ,7 4 Il tw a1 sv I r ^"'•-•..... '� 3-007� 1s ".. S - 7 AMaz'>xxia'se; ms aittt �y 13 ._12 S 4" 103 4 ; 01 ,µ3-M20 ., f - i s s 4 0 3-012 11 2 5 04 3-010 3a-'- t t0 `•. 22 J 02 03 f""2 1 23 '• K 03 t 01 .-. �31 24 W 0 4 Ct 225 2 3 26 k31 02 _01 e202 02 01 4 x GO • 1\77 '• 02 _ .,.,..g 34 36 5 37 o3 "7 s �) (? 5553 '02 O1 . SP S -89' F 2 05 9 0407 1 06 05 04 is o, 03 10 08 08 01 _ 12 03 ,t{< 02 ..,i a•r• ...„,. w 13 11w .... `02 01 1 03 14 ...... j ' 12j13 01 - 1S LLINGE SHORES �.. _.. _ 1 2 3 4 6 i 7..,.... .. 01 07 - S S.9 1191 18 -+ 43 ....,.,. I 01 02 03 i s I 01 t 02 13 f._._ 7 /8 I 1 2 3 4 S= 10 S S RE » o 0S 1•1 72206 01 23 ,- Eli . 1,- 05 07 03 02 0/ - 1�3 -%2 037 4 26 '01 2 CfTV OF EDMONDS AL g 4 5 w • �9ft' 1'p*.- • �Z44A LAKE BALLINGER (LAKE MCALEER) yn A / 24 / 23 / I 22 7317 Lake 21 Ballinger Way „20 / Ot {a15 pA 4-002 7 8 Bo 12 S� 1 (48-85 , e w -— .1 .-1Rrgtj,�„eR.w".w CITY OF MOUNTI.ANE 1ERRACE aN a N C la a Q t f4 0) M C 0) t v r C tv t v w Q 7317 Lake Ballinger Way Packet Pg. 424 8.1.c >— r a LJLI 3r Qj4 ��/ C=r «1 d CAI II h ll- �ii 220th St SW ro JL- APFUU��z. =ll siUQ� =='� L��m v >,— 4th S.t $.W - U,�LJ I -- flrQFo� _ �I _J, I 23.4t�h- - '�11�!-7= II L �nJ� ,I If � o _St_SW U F o �p� �� to w�� — U a D' -> 3 7 > Esperance %� s m co _ � i+ LJ U a� � a � o f�I C� C n L� 2 end St sw,- \\ L 7 _I Z�� I oG'' JL� rE a �I / Q �� U� 232nd St SW l f U CU J 14thl'_t S_W ? L / w ❑G LIU �� II,,,, j Lake Ballinger L 236th St SW �I V _ r-� Mountlake •� Terrace L 2.38th St Sw m YF' Project Location: 240th St S7317 Lake Nile Shrine Golf � Ballinger Way club Gatewa, a M 242ii-II-SIW�_4— Villag�� Lg �r�O nter \_n� II II ' O L L J L( 104 __ - - - - - - 244th S•t &"Itlf CU _. Aurora Village =E- I 1, / N �� ElUIJF Ua 99 v, V/Lf/L/f/ L � c Ballinger rHolyrood�d j II I Pm. (/II T Commons Cemetery > —� _ /i. ;, LL cD o�r JU� I I gg J f<\`0 F I 7?tdy a CCU J c e p� a N 195th St FE a . �� U` s - j N 195th St Trail -/j t J� ¢� V p.z_ � CRISTA � �' ICI— �I (i , L'3 -� �"t'� � - Ministries & I UU qQ � Kings Schools m N N 192nd St or Z a U_ DD000 d— n _ J00000�O�P Lip o` < a FT �U SF%ireline C 3i�o��l �UCV,� ter— o� 3 1�� crter UULI�UUU� a y �II Z�J LIIIIII J? oo��D �z�J� rin�� s nrn N 185th St UVuu��J�NIEJ1`8Sth S_t � II �IFI�FI= a 1 to Q 7317 Lake Ballinger Way m N 183rd St > s; rt a U L lI II >F0 a L¢- z -J p ( m_ i r_l u W a w w I k IILu JIQa1 �m�=eL-�a I 1L0ti Jt� i� L z -/�c?��d t of �UL�� 2111_> Y a a JG a �� ^ ^ Ndr7_8lt NE a',th_,' i Area of Shoreline map detail NE 175th St NE 1>S th St IIJ ,t= 171st St i J NE 170th S.It„ LN Frail N 167thI�S:tI J :E_169th St E _ u OREGON � �-, ��NE 168th St �Ul U College z Packet Pg.4 225 q 20" Fir V 12" Snag' rr Q 7317 Lake Ballinger Way ❑ Stormwater Catch Basin Stormwater Line �► 30" Concrete Sewer E ® FEMA Flood Zone A 7SR104/LakeBallinger Way Building Footprints • - - • Asphalt/Dirt Driveway X—XX Fence • RAI Flags (6-28-23) Wetland Boundary 1 L. d rn t L 3 a a 0 a 42" CMP c� L _ d HHWM 1-1 1 J WE ti � M ti w O _ O r a� L s El _ O E t v R a+ Q — OHWM Wetland Unit Significant Tree Erosion Hazard Areas 15%-40% Slo[ Packet Pg. 426 8.1.c Photographs Taken at Permanent Photograph Points Exterior View of Subject Property Facing North From Southwest Corner of Property Exterior View of Subject Property Facing East Along Lakefront Acquisition Stewardship Plan 7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-2023-Edmond-00101 Exterior View of Subject Property Facing East Near Southwest Corner of Property Showing Main Building (left) and Garage (right) Exterior View of Subject Property Facing Northwest Along Lakefront (AV, Packet Pg. 427 8.1.c Current Conditions Fish Use and Habitat The northern portion of the parcel is within Lake Ballinger. Lake Ballinger drains to McAleer Creek, which then flows into Lake Washington. The Washington Department of Fish and Wildlife (WDFW) maps resident coastal cutthroat (Oncorhynchus clarkii clorkit), Coho (O. kisutch), sockeye (O. nerko), chinook (O. tshawytscha), and winter steelhead (O. mykiss) within Lake Ballinger (WDFW 2024a). The lake is stocked with winter steelhead (O. mykiss), also referred to as rainbow trout (WDFW 2024b). There are partial fish passage barriers mapped downstream of the site, but no complete fish barriers are mapped between Lake Ballinger and Lake Washington. The portion of the lake within the site is a shallow, littoral zone. The littoral zone is an important source of food, particularly for juvenile salmonids. The entirety of the site is within the Pacific flyway, a north -south migration route for birds that includes the state of Washington. WDFW maps Lake Ballinger as a priority area for waterfowl (WDFW 2024c). No other priority habitats are mapped on Lake Ballinger or the site. In 2023, a Category III wetland with 6 points for habitat function was identified on site in the areas adjacent to the lake (Figure 4) (Raedeke Associates, Inc. 2023). The wetland is primarily vegetated by invasive species, with native species also present but less dominant. Himalayan blackberry (Rubus armeniacus) is the primary species that dominates the plant community. Small -fruited bulrush (Scirpus microcarpus), yellow flag iris (Iris pseudocorus), salmonberry (Rubus spectobilis), cattail (Typho spp.), giant horsetail (Equisetum telmoteio), reed canarygrass (Pholoris arundinoceo), and creeping buttercup (Ranunculus repens) are also present within the wetland. In its current condition, the wetland provides moderate habitat functions. The entirety of the upland portion of the site is within the wetland buffer and provides moderate habitat functions. The buffer is also dominated by Himalayan blackberry. Creeping buttercup, reed canarygrass, bedstraw (Gallium aporine), common dandelion (TarGxGcum officinale), herb Robert (Geranium robertianum) dominate most of the site. Along the southern boundary of the site, there are large trees, including western red cedar (Thuja plicata), Douglas fir (Pseudotsuga mensiezii), red alder (Alnus rubra), and western hemlock (Tsuga heterophylla). These species provide significant shade and habitat benefits on site and fulfill the City of Edmonds' criteria for significant trees (Edmonds Community Development Code [ECDC] 23.10.020.R). The eastern boundary of the site is vegetated by laurel (Prunus laurocerasus), also an invasive species. The mature trees along the site's southern boundary present the most beneficial vegetation for habitat functions. On the remainder of the site, the lack of diversity in vegetation classes and the dominance of invasive species limit the habitat use for wildlife. The lack of hydroperiod variation and special habitat features also limit the benefit to wildlife on site. V$ Acquisition Stewardship Plan HERRERA 7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-20 Packet Pg. 428 8.1.c Hydrologic In 1972, Ecology found that Lake Ballinger had the worst water quality among 34 area lakes surveyed. Lake Ballinger was placed on the 303(d) list for high phosphorus concentrations in 1993. Extensive flooding occurred in 1997 (lake level up 5.5 feet) and 2007 (lake level at 280.6 feet, the highest level recorded since 1997). Flooding also occurred in July 2014, when the lake level rose 7.25 inches from a 1.2-inch storm (Shaw 2014). Frequent flooding occurs along the southern edge of the lake, and the structures located on 7317 Lake Ballinger Way are some of the closest to the shoreline of the lake. In 2008, the Lake Ballinger/McAleer Creek Forum was created to address water quality and quantity issues. Stormwater runoff is generated on site from the main building and garage roof areas. Some stormwater runoff may also enter the site from SR-104 (Lake Ballinger Way) through two curb cuts connected to the site access driveways. A portion of each driveway is paved with asphalt (next to SR-104), but the rest of the driveway is unpaved (dirt). Stormwater runoff from SR-104 enters the lake through a 42-inch corrugated metal pipe (CMP) that runs along the eastern edge of the property. Soils a.id Soil Stability The Natural Resources Conservation Service (NRCS) has mapped soils on the subject property as Urban land-Alderwood complex, with 5 to 12 percent slopes. NRCS defines complex soil as consisting of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on their maps. NRCS provides site soil composition of approximately 60 percent Urban land and approximately 15 percent Alderwood soils. Parent material for Alderwood soil consists of glacial drift and/or glacial outwash over dense glaciomarine deposits. Per NRCS, the typical profile for Alderwood soils consists predominantly of very gravelly sandy loam with a depth of 0 to 59 inches. Uplanu_ The subject property is bordered to the south by Lake Ballinger Way/SR-104/NE 205th Street, a four -lane, high -capacity motorized vehicle highway. South of SR-104 (upland), there are stormwater ponds associated with the Ballinger Commons Apartment Homes located further to the south. There are existing power utility lines located between the subject property and the upland area, running to the east and west. Pubiic USE The subject property is currently accessible via two asphalt and unpaved (dirt) driveways located at the southwest corner of the property and at the southeast corner of the property. The driveways connect to the property from Lake Ballinger Way. The property can also be accessed via water to the north, from Lake Ballinger. Desired conditions do not currently include providing accessibility for public use of the property. Acquisition Stewardship Plan 7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-2023-Edmond-00101 9 PackeackeA t Pg. 429 8.1.c Cultural and Historic Resources The comment period for review of the City's 7317 Lake Ballinger Way Property Acquisition has ended. The Washington State Department of Ecology (Ecology) received concurrence from the Washington State Department of Archaeology and Historic Preservation (DAHP) (3/29/2023). Ecology received comments from the Snoqualmie Indian Tribe requesting an opportunity to monitor ground -disturbing work during the planned demolition of existing structures located on the property. Based on the initial review of this project and the comments received, Ecology retained its determination of No Cultural Resource Impacts. Any future Ecology -funded work at the site will be subject to additional review. Other Natural or Man -Made Features on the Property An existing wooden fence borders the property along three sides of the property boundary line, to the west, south, and east. There is also evidence of a dilapidated wooden bulkhead/retaining wall that was installed along the lakefront boundary line to the north of the property. Short-term Land Management Goals and Objectives (Desired Conditions to Follow Current Conditions) This undertaking aims to improve the water quality of Lake Ballinger by implementing a comprehensive restoration strategy. The initial phase involves acquiring the property necessary for the project. Following acquisition, preparations for planned demolition work will begin. All existing structures, impervious surfaces, private developments, and waste materials will be removed, and the area will be restored to its natural state as green space. Long-term Stewardship Goals and Objectives Stormwater Management Stormwater runoff from SR-104 enters the lake through a 42-inch corrugated metal pipe (CMP) that runs along the eastern edge of the property. The City of Edmonds intends to evaluate a future project to install a stormwater treatment facility on the parcel's limited buildable footprint, in order to treat stormwater runoff from SR-104 (from the 42-inch CMP running along the eastern edge of the property). The 36-inch CMP from the City of Shoreline discharges to the lake from the stormwater ponds associated with the Ballinger Commons Apartment Homes located south of SR-104. Due to high groundwater levels and frequent flooding of this parcel, an infiltrating stormwater facility is not recommended. The current recommended stormwater treatment alternative is to incorporate a stormwater treatment wetland into the buildable footprint on the site, because it can be integrated aesthetically with the existing natural wetland and wetland buffer area while providing basic and enhanced (metals) stormwater treatment. Restoration City staff will monitor and maintain vegetation growth on the property. In its current condition, the wetland and buffer on site are in poor condition, with invasive species dominating the unpaved areas. Restoration activities may include removal of invasive species and replanting with native plants ok 10 HERRERA Acquisition Stewardship Plan 7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-20 Packet Pg. 430 8.1.c appropriate to the site, including but not limited to native conifers, red alders (Alnus rubra), vine maple (Acer circinatum), red osier dogwood (Cornus sericea), willows (Salix spp.), Pacific ninebark (Physocarpus capitatus), osoberry (Oemleria cerasiformis), rose (Rosa spp.), salmonberry, sword fern (Polystichum munitum), and small -fruited bulrush. Habitat features, including snags, turtle basking structures, and debris piles, may also be incorporated into restoration activities. Preservation of significant trees will be prioritized. If unavoidable impacts to these trees are to occur, significant trees will be replaced in accordance with ECDC requirements. Relic shoreline armoring may be removed to soften the shoreline and facilitate the planting of native plants. Roles, Responsibilities, and Funding Maintenance activities will be managed by City of Edmonds staff. Stormwater management facilities, essential for mitigating the adverse effects of urban runoff on water quality and aquatic ecosystems, are meticulously cared for by the Public Works stormwater team. Through routine maintenance and proactive management strategies, the stormwater team plays a pivotal role in safeguarding local water resources, fostering resilience against flooding, and upholding the health and vitality of surrounding ecosystems. Funding for these ongoing programs will be provided by the Stormwater Utility. To supplement utility funds, the City of Edmonds intends to apply for state and federal grant funds, as available, for the design and implementation of site restoration and/or the installation of stormwater facilities. Community engagement through volunteer activities, including tree planting and invasive species removal, is another potential program that can be pursued in the future. Constraints and Uncertainties For several years since approximately 2014, the City of Edmonds has observed a concerning trend of unauthorized camping activities and property damage occurring at the subject property. Despite efforts to address the issue, the persistence of these activities has raised alarms among local officials and neighboring residents alike. The City of Edmonds has recognized the need for proactive measures to mitigate the impact of such behavior occurring at the subject property, and the removal of all existing structures at this property will hopefully address this problem. However, it is possible that this issue could persist beyond this project. Acquisition Stewardship Plan V 7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-2023-Edmond-00101 HERRERA Packet Pg. 431 8.1.c References Lake Ballinger Fact Sheet. 2011. Lake Ballinger -McAleer Creek Watershed Forum web page Accessed April 23, 2024 <https://cityofmlt.com/488/Lake-Ballinger-McAleer-Creek-Watershed-F>. Landau Associates. 2023. Phase I Environmental Site Assessment Report 7317 Lake Ballinger Way Edmonds, Washington. Prepared for City of Edmonds Public Works by Landau Associates, Seattle, WA. May 24. Raedeke Associates, Inc. 2023. 7317 Ballinger — Summary. June 29. Shaw, M. 2014. Lake Ballinger "State of the Lake" Report. Prepared by Mike Shaw, City of Mountlake Terrace Public Works. September. WDFW. 2024a. Priority Species and Habitat Database. Provided by Washington Department of Fish and Wildlife. Accessed April 23, 2024. <http://wdfw.wa.gov/mapping/phs/>. WDFW. 2024b. Ballinger Lake. Provided by Washington Department of Fish and Wildlife. Accessed April 26, 2024. <https:Hwdfw.wa.gov/fishing/locations/lowland-lakes/ballinger-lake>. WDFW. 2024c. Washington State Fish Passage Map Application. Washington Department of Fish and Wildlife. Accessed April 23, 2024. <http://wdfw.wa.gov/conservation/habitat/fish passage/data maps.html>. Olk 12 Acquisition Stewardship Plan HERRERA 7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-20 Packet Pg. 432 8.1.c Attachment A: Permit Requirements It HERRERA Science + Planning + Design Packet Pg. 433 8.1.c This page intentionally left blank a Packet Pg. 434 8.1.c Permit Requirements Federal • 404 Review will be required for any work that involves the discharge or dredge of fill material into Lake Ballinger or the wetland. State • 404 Review will be required for any work that involves the discharge or dredge of fill material into Lake Ballinger or the wetland. • A Hydraulic Project Approval will be required for any work that alters the bed or bank of Lake Ballinger • A State Environmental Policy Act (SEPA) Environmental Checklist is required for all governmental actions. City of Edmonds • A demolition permit will be required before beginning planned demolition work. • Shoreline, critical areas, and clearing and grading permits may be required, depending on the nature of work that will be performed associated with removal of existing structures located in and around property lakefront. This will be determined during the design process of planned construction work. Acquisition Stewardship Plan V 7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-2023-Edmond-00101 A-1 HERRERA Packet Pg. 435 Prot)ertv Acauisition June 25, 2024 City Council Meeting �C 9 Packet Pg. 436 • Site Map &Survey • Property overview • Reports &Appraisal • Stewardship Plan • Water Quality Deed of Right Benefits • Purchase &Sale Agreement • Funding 22, r Esperance d Q t Project Location: \ 7317 Lake „L Ballinger Way FiFdal'e-V-illage- L` Art Center —`___ - rora Village �L99 L 3 220tl 8.1.d m d Id CU J ti M 0 c 0 0 c d Lake Ballinge a a C 0 A a� Nile Shrine c Club o ca c d m — — � RL cC m E M Ballinger Holyrood r Commons Cemetery D Q c �L � m N 195th St Trail N 192nd z U f� Q I Packet Pg. 438 1 IS Ite Plan d " Q 7317 Lake Ballinger Way 76 cu Dock I ❑ Stormwater Catch Basin M HHWM1-6 I 42" CMP Stormwater Line c o HHWM 1-5 HHWM 1 4 f ~ ` 30 " Concrete Sewer / WET 1-6 HHWM 1`-3 WET1-5 HHWM1-2 j FEMA Flood Zone A y a WET 1-4 WET 1-3 HHWM 1-1 c Exposed Plumbing WET 1-2 I WE 1-1 Building Footprints o Asphalt/Dirt Driveway 20" F i r4. >x Fenceca o Main Building ,.- �� • O RAI Flags (6-28-23) c � Former AST Lrocation °,�' a Wetland Boundary m,, Alder 30" Conifer �, �o° E F (unknown sp.) �t O H W M .34"fir Garage 0 12' Snag - "24" Fir � � 18" Cherry 14" Fir 10" Pine Wetland Unit a / •.» Deeciduous (unknown sp.) Significant Tree Asphalt/Dirt Driveway Asph Drivewa p Y 1 Erosion Hazard Areas 15`%�-40'- Slua N Packet Pg. 439 SR1U4/LakeBallinger Way 0 NINOW.'r F -W • 0.55 acre parcel • Vacant single family residential properl • Partially demolished home (original siz 21413 sf; built in 1944) • Lies within Lake Ballinger floodplain • Existing nonfunctional boat dock • Wetland on site IV Annra-mrom Completed Reports • Phase 1 Environmental Site Assessment • Hazardous Building Materials Survey • Wetland Delineation • Inadvertent Discovery Plan • Baseline Inventory • Appraisal (Initial $480k Value) • Appraisal Review (Revised Value $520K) �: -,. 101' Stewardship Plan • Required by Department of Ecology • Current Conditions • Land Management Goals &Objectives o Short-term: ■ Demolish structures ■ Remove impervious surfaces ■ Restore to green space. o Long-term: ■ Stormwater Management ■ Restoration & Maintenance �A -.ii raZOrrF.1 III VA I PawaTi r91 M M re Water Quality Deed of Right • Required by Department of Ecology (DOE) • City Requirements o Protect and maintain property o Provides access to DOE for inspections o Comply with Specific Prohibitions (Section 2) o Comply with Permitted Uses and Activities (Section �: Improve Water Quality in Lake Ballinger and downstream creeks • Remove existing structure and pollution generating surfaces from site • Restore Natural Floodplain area • Improve condition of wetland and buffer • Opportunity for stormwater treatment facility for runoff from SR-104 �: -,. 101' :JTT7;1 0 1 K:j:j 10 1 "MA Purchase & Sale Agreement with purchase price of $520,000 • $10,000 Escrow • Initiate 0 30-day Title Review 0 75-day Inspection Period • Seller Disclosure Statement • City Council Resolution Approving Purchase of Property (future City Council meeting) �: Acquisition o $500k Grant secured in 2022 ■ Funding Agmt approved by City Council (April 18, 2023) o Local Match Stormwater Utility Funds Land Management Goals & Objectives o Stormwater Utility Funds o Future Grants o Community engagement �: -,. 101' Authorize Staff to Execute Purchase & Sale Agreement with purchase price of $520,000. �: 10.- Packet Pg. 448 8.1.e Upon Recording, Please Return To: Washington State Department of Ecology Water Quality Program PO Box 47600 Olympia, WA 98504-7600 Attn: Julia Stinson Ebert DEED OF RIGHT TO USE LAND FOR CONSERVATION PURPOSES Grantor: City of Edmonds Grantee: State of Washington, acting by and through the Washington State Department of Ecology, including any successor agencies. Legal Description (abbreviated): LOT 27, BLOCK 7, LAKE BALLINGER LAND CO'S PLAT SUBDIVISION NO. 1 Additional legal(s) on Page 7 & 8 Assessor's Tax Parcel ID#s: 00488800702700 THIS DEED OF RIGHT TO USE LAND FOR WATER QUALITY AND CONSERVATION PURPOSES ("Deed") is made and entered into by and between the City of Edmonds, WA (hereinafter referred to as "Grantor") and the STATE OF WASHINGTON, acting by and through the WASHINGTON STATE DEPARTMENT OF ECOLOGY including any successor agencies (hereinafter referred to as "Grantee" or "Ecology"). Grantor enters this Deed for and in consideration of monies coming in whole or in part from Centennial funds. Such grant is made pursuant to the Project Agreement entered into between Grantor and Ecology Page 1 of 8 Packet Pg. 449 8.1.e entitled Water Quality One Time Grant Agreement between the State of Washington Department of Ecology and City of Edmonds, Agreement Number WQC-2023-Edmond-00101 , signed by Grantor on the 21st day of April, 2023 and by Ecology on the 21st day of April, 2023 (Project Agreement) and a Final Stewardship Plan, which can be found in EAGL, with Grantor and Ecology in connection with the Project Agreement. Pursuant to RCW 64.04.130, Grantor hereby conveys and grants to Ecology as the representative of the people of the State, the perpetual right to enforce the following duties on the real property described in Exhibit A and depicted in Exhibit B ("Property"), under the terms herein: 1. Duties of Grantor. 1.1 Grantor shall take such reasonable and feasible measures as necessary to protect the Property in perpetuity. Such measures shall be consistent with the purposes in the Project Agreement and the Ecology approved "Acquisition Stewardship Plan", dated May 10, 2024 (hereafter "Stewardship Plan") as maintained with the Project Agreement record, including protecting, preserving, restoring and/or enhancing the hydrologic functions on the Property by removing invasive species, planting appropriate native species, protecting priority species, improving lakeshore habitat (hereafter "Conservation Values"). 1.2 Grantor freely and voluntarily grants access to Ecology and Ecology's authorized representatives, at all reasonable times, to inspect the Property for compliance with the terms of this Deed and the Project Agreement. Such access shall be subject to the restrictions, if any, allowed under the Project Agreement, by written agreement with Ecology, or under state law. The Grantor warrants it has and shall maintain the legal right and means to reach the Property. 1.3 Without prior written consent by Ecology or its successors, through an amendment to this Deed, Grantor shall not use or allow any use of the Property (including any part of it) for uses other than herein as stated in the Project Agreement. The Grantor shall also not grant or suffer the creation of any property interest that is inconsistent with the Stewardship Plan and purposes of the Project Agreement. 2. Specific Prohibitions. In addition to the general restrictions in Section 1 of this Deed, the following additional specific, non- exclusive list of activities and uses are expressly prohibited on the Property: a. Subdivision and residential development. b. Commercial, industrial, or agricultural development and/or use. C. Alteration of the land surface or water bodies, except as necessary to carry out the Stewardship Plan. d. Timber harvest or other removal of vegetation, except as necessary to carry out the Stewardship Plan. e. Exploration for, and/or extraction of, minerals, hydrocarbons, soils, gravels, sand, or other minerals or naturally occurring elements. Page 2 of 8 Packet Pg. 450 8.1.e f. The disposal, storage, release, or accumulation of waste, garbage, debris, vehicles, faeces, abandoned equipment, or hazardous substances. "Hazardous substances" are defined as substances that are hazardous, toxic, dangerous, or harmful by any federal, state, or local law. 3. Permitted Uses and Activities. The following uses and activities are permitted on the Property: a. Removal of existing structures, impervious surfaces, private developments, and waste materials. b. Reestablishment of native plants and enhancement of existing native plant communities. C. Habitat restoration and maintenance as necessary to carry out the Stewardship Plan d. Removal of public health or safety hazards, nuisance animals, and invasive species by such methods permitted by law. e. Development of access and trails for maintenance activities as approved by Ecology in writing and consistent with the Stewardship Plan. f. Stormwater management. g. Responding to emergencies on the Property, in accordance with State and federal law. 4. Notice Requirements. 4.1 Grantor, when conveying any interest in any part of the Property including but not limited to title, easement, leases, or other interests, must provide written notice to Ecology of the intended conveyance at least thirty (30) days in advance of the conveyance. Grantor must provide notice of the existence of this Deed in the conveying document. 4.2 Should Grantor become aware of any violation of this Deed, Grantor shall promptly report such violation in writing to Ecology. 4.3 Grantor must notify Ecology in writing of any emergency or significant change in environmental conditions on the Property, and the response actions planned or taken as soon as practical but no later than 24 hours after the discovery of the event. 4.4 Any required written notice, approval, reporting or other communication shall be personally delivered or sent by first class mail to the following person(s). Any change in contact information shall be submitted in writing to all parties to this Deed. Upon agreement, email may be used for these communications. Page 3 of 8 Packet Pg. 451 8.1.e City of Edmonds Washington State Department of Ecology 121 5'fi Ave N Water Quality Program 425-775-2525 P.O. Box 47600 Olympia, WA 98504 — 7600 Phone #360-407-6600 5. Covenants Run with Land — Binding Upon Successors and Assigns. This Deed contains covenants running with the land and shall be binding upon Grantor, its successors and assigns, and upon any person acquiring the Property, or any portion thereof, or any interest therein, including a leasehold interest, whether by operation of law or otherwise. If the Grantor sells all or any portion of its interest, the new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be subject to applicable covenants and requirements under the Deed. 6. Limit on Removal or Alteration of Deed. This Deed may not be removed or altered from the Property unless specific approval has been granted by Ecology or its successors. 7. Control. Nothing in this Deed shall be construed as giving rise to any right or ability in Grantee to exercise physical or managerial control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), or MTCA. 8. Right of Enforcement. Ecology may bring an action at law or in equity to enforce the terms of this Deed; to enjoin a violation or threatened violation by temporary or permanent injunction; to recover any damages to which it may be entitled for violation of the terms of this Deed or injury to any of the Conservation Values protected by this Deed; and to require the restoration of the Property to the condition that existed prior to any such injury. All actions for injunctive relief may be taken without Ecology being required to post bond or provide other security. Enforcement of the terms of this Deed shall be at the discretion of Ecology, and any forbearance, delay or omission to exercise its rights under this Deed in the event of a breach of any term of this Deed is not a waiver by Ecology of that term or of any subsequent breach of that term, or any other term in this Deed, or of any rights of Ecology under this Deed. Page 4 of 8 Packet Pg. 452 8.1.e GRANTOR / GRANTOR: City of Edmonds, WA By: Its: Dated this _ day of , 2024 STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH On this day of , 2024, before me a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared the title of signatory of the , a Washington City of , who acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and stated on oath that he/she was authorized to execute this instrument on behalf of said corporation. WITNESS my hand and official seal hereto affixed the day and year first written above. Notary Public in and for the State of Washington Residing at: My commission expires: Page 5 of 8 Packet Pg. 453 8.1.e GRANTEE / ECOLOGY: State of Washington, acting by and through the Washington State Department of Ecology By: Its: Dated this __ day of 2024 STATE OF WASHINGTON ) ss. COUNTY OF On this __ day of , 2024, before me a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared the of the Department of Ecology, who acknowledged said instrument to be the free and voluntary act and deed of said party for the uses and purposes therein mentioned and stated on oath that he/she was authorized to execute this instrument on behalf of said party. WITNESS my hand and official seal hereto affixed the day and year first written above. Notary Public in and for the State of Washington Residing at: My commission expires: Page 6 of 8 Packet Pg. 454 8.1.e EXHIBIT A Legal Description of the Real Property For APN/Parcel ID(s): 004888-007-027-00 LOT 27, BLOCK 7, LAKE BALLINGER LAND CO'S PLAT SUBDIVISION NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGES 57 AND 58, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; EXCEPT PORTION DEEDED TO SNOHOMISH COUNTY FOR ROAD RECORDED UNDER RECORDING NO. 583296. TOGETHER WITH SHORELANDS OF SECOND CLASS ABUTTING AND ADJACENT TO SAID PREMISES. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. Page 7 of 8 Packet Pg. 455 8.1.e EXHIBIT B Depiction of the Real Property 7 ti. Page 8 of 8 Packet Pg. 456 8.2 City Council Agenda Item Meeting Date: 06/25/2024 Supplemental Agreement with HKA Global, Inc for the Carbon Recovery Project Staff Lead: Oscar Antillon Department: Public Works & Utilities Preparer: Emiko Rodarte Background/History In early March, the City hired HKA Global, Inc. to assist the WWTP Manager with on -call construction management support, analysis of potential change order requests, review of extra costs, disputed work and time extension requests and other services as requested. HKA's initial contract was established March 1, 2022 for $55,000. On May 17, 2022, Supplemental Agreement #1 with HKA Global for the Carbon Recovery Project was approved by City Council. On September 26, 2022 Supplemental Agreement #2 with HKA Global for the Carbon Recovery Project was approved by City Council. Additional tasks to the original Scope of Work have been identified with regards to construction engineering services that require a Supplemental Agreement #3 to complete. Staff Recommendation Forward item to the consent agenda for approval at the next City Council meeting. Narrative The City hired HKA Global, Inc. to assist the WWTP Manager with on -call construction management support, analysis of potential change order requests, review of extra costs, disputed work and time extension requests and other services as requested. This supplemental agreement will provide additional budget to continue HKA's services on the Carbon Recovery Project. The original HKA contract amount of $55,000, Supplemental Agreement (#1) for $89,175, Supplemental Agreement (#2) for $124,475 and Supplemental Agreement #3 for $139,360 will be managed under the Carbon Recovery Project and subject to the % of ownership. The total HKA on -call contract amount of $408,010 will be shared with our Treatment Plant Partners. The City of Edmonds share ($136,439) will be funded by the Sewer Utility Fund. City of Shoreline $36,720 City of Mountlake Terrace $93,842 Olympic View Water District $69,361 Packet Pg. 457 8.2 Attachments: Attachment 1 - Agreement Packet Pg. 458 8.2.a Z oV CITY OF EDMONDS MIKE ROSEN v V w x ~ D 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-672.6750 MAYOR Weoslte: www.edmmWswa gov �691) ti„a� PUBLIC WORKS DEPARTMENT Engineering Division SUPPLEMENTAL AGREEMENT 3 TO PROFESSIONAL SERVICES AGREEMENT s WWTP Phase 6 Carbon Recovery Project WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City," and HKA Global Inc, hereinafter referred to as the "Consultant," entered into an underlying agreement for consulting services with respect to WWTP Phase 6 Carbon Recovery Proiect, dated March 8, 2022 and amended on May 23, 2022 ("Supplemental Agreement I"), and on September 26, 2022 ("Supplemental Agreement 2"); and WHEREAS, additional tasks to the original Scope of Work have been identified with regard to construction engineering services; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The underlying agreement of March 8, 2022 between the parties, as amended by Supplemental Agreements 1 and 2, all of which are incorporated by this reference as fully as if herein set forth, is further amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the underlying agreement, as amended by Supplemental Agreements 1 and 2, shall be further amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 1.2 The $55,000 amount set forth in paragraph 2A of the underlying agreement and stated as an amount which shall not be exceeded, and which was amended by Supplemental Agreement 1 to include an additional $89,175 and by Supplemental Agreement 2 to include an additional $124,475, is now further amended to include an additional not to exceed amount of $139,360 for the additional scope of work identified in Exhibit A of this Supplemental Agreement 3. As a result of this Supplemental Agreement 3, the total contract amount is increased to a new total not -to -exceed amount of $408,010 ($55,000 plus $89,175 plus $124,475 plus $139,360). 1.3 Exhibit A, Section B, Compensation, of the underlying agreement, as amended by Supplemental Agreements 1 and 2, consisting of the rate and cost reimbursement schedule, is hereby further amended to include the form set forth on the attached Exhibit A to this Supplemental Agreement 3. Page 1 of 3 Packet Pg. 459 8.2.a In all other respects, the underlying agreement between the parties shall remain in full force and effect, amended as set forth in Supplemental Agreements 1, 2, and 3, but only as set forth therein. DONE this CITY OF EDMONDS Mike Rosen, Mayor day of 2024. ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) )ss COUNTY OF ) HKA GLOBAL INC W-e 7 "' 4._ Henry Spieker, Partner On this i 3 day of June 20 �-'� , before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Henry Spieker, to me known to be a Partner of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal .heret the day and year first above written. `�O.ww�ie—nN 71 NOTAR LIC l3i'efiI Jy51�'n Swc:�nso�� BRETT JNU0tZa)rY public " •- State of WeshingW Commission Number 196502 My commission Expires November 14, 2025 My commission expires: Ncvem ber N Page 2 of 3 Packet Pg. 460 8.2.a Agreement for Professional Services EXHIBIT A A. Scope of Services: Provide continued consulting services to City of Edmonds Public Works related to the WWTP Phase 6 Carbon Recovery Project. Services may include analysis of claims and disputed extra work, review of change order requests, time extension requests, review of entitlement, on - call consulting services, and other services as requested. B. Compensation: The following is an estimated budget for continued consulting services: ask Budget Cost Estimate On -call consulting services (commissioning phase) Estimated 12 weeks remaining $23,100 (5 hrs/week) @ $385/hr On -call consulting services (M&V phase) 52 weeks (3 hrs/week) @ $60,060 $385/hr Preliminary claim / audit budget. This estimate is intended to 120 hrs @ $385/hr $46,200 cover potential early tasks such as initial claim review, preparation of audit request, and internal review meetings. Management Reserve $10,000 Total $139,360 HKA shall be compensated for professional fees for services perfonned at the following hourly rates: Partner $ 425 Director $ 385 Assoc. Director $ 365 Manager $ 345 Sr. Assoc. Consultant $ 335 Assoc. Consultant $ 295 Hourly rates applied will be based on the individual's title or role as of the date of the invoice. Effective January I of each calendar year, all such hourly rates will increase by five percent (5%). We shall advise you in writing of the new hourly rate in January of each year. Reasonable travel and related expenses shall be separately reimbursed at cost. C. Retainer: HKA will not require a retainer prior to commencement of services. HKA Global LLC One Commerce Square 2005 Market Street, Suite 820 Philadelphia, PA 19103 Page 3 of 3 Packet Pg. 461 8.3 City Council Agenda Item Meeting Date: 06/25/2024 Ordinance Amending ECC 8.10 to Include Stoplight Intersection Cameras Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History The use of automated traffic safety cameras is governed by Washington state law. RCW 46.63.170 attached. In February 2023, Council passed Ordinance 4292 (attached) authorizing the use of automated traffic safety cameras in approved locations and adopting ECC 8.10 automated traffic safety cameras. As written and approved, ECC 8.01 was not inclusive of stop light intersection cameras. On March 26, 2024, Council passed a Resolution 1542 (attached), adopting the location analysis for the purpose of informing the Council's upcoming decisions to implement, or not implement, the stoplight intersection cameras at any of the nine intersections under consideration. Minutes to this meeting are attached. House Bill 2384 Automated Traffic Safety Cameras was signed by Governor Inslee and became effective June 6, 2024. (attached) On April 23, 2024 Council deliberated this Ordinance, tabling the agenda item until further information could be obtained about our obligations to disaggregate traffic camera revenue under 2384. (minutes attached) Recommendation Approve the ordinance in the packet, amending Chapter 8.10 (automated traffic safety cameras) to include stoplight intersections at authorized automated traffic safety camera locations. Narrative ECC 8.10.010(B) states: Before adding additional cameras or relocating any existing camera to a new location, an analysis of the locations where automatic traffic safety cameras are proposed must be presented to the city council for approval. The City Council approved the location analysis by approving Resolution 1542. Having undertaken the steps required by RCW 46.63.170, the City may adopt the proposed Ordinance allowing for the use of automated traffic safety cameras at stoplight intersections and amending the City Code section relating to their use. Packet Pg. 462 8.3 On April 23, 2024 Council deliberated this Ordinance, tabling the agenda item until further information could be obtained about our obligations to disaggregate traffic camera revenue under 2384. Subsection 2(13) is the most relevant portion of the new law to the council's recent discussion. Regarding the city's obligations under HB2384 to disaggregate traffic camera revenue, City Attorney Taraday advises that while HB 2384 limits the manner in which total revenue from traffic safety camera program may be used, it does not require the revenue to be disaggregated on a per camera or per location basis. Rather, the revenue use requirements (to the extent that they apply), pertain to all revenue that is not subject to the safe harbor provisions of subsection 2(13)(d)(i). Under the safe harbor, the city would be able to use revenue from, at most, one red light camera location in an unfettered manner. Revenue from all other red light camera locations would be subject to the use restrictions of subsections 2(13)(a), (b), and (c). For the sake of simplicity, we are not addressing the impact of the new law on school zone revenue here. Subsection 2(13)(a) requires that the program revenue be used to fund two general types of expenses: 1) traffic safety activities; and 2) costs of the program. Subsection 2(13)(b) imposes geographic requirements. Very generally, this subsection requires some of the money to be used in the following two areas of the city: 1) census tracts where low income households live; and 2) areas that experience rates of injury crashes that are above the city average. The portion of the revenue that is required to be spent in these area "must be directed to investments that provide direct and meaningful traffic safety benefits." Subsection 2(13)(c) requires that, beginning four years from now, twenty-five percent of the revenue remaining after costs be transferred to the Cooper Jones active transportation account. Expenditures from the account may be used only to fund grant projects or programs for bicycle, pedestrian, and nonmotorist safety improvement administered by the Washington traffic safety commission. Assuming for the sake of discussion that the city is considered to have had a program in effect on January 1, 2024 (the safe harbor requirement), and assuming that the city intends to add more than one red light camera location, the revenue generated by any additional red light camera location beyond the one would be subject to the revenue use limitations discussed above. The statute doesn't say whether crossing the one -new -location threshold would also affect the revenue that had been in the discretionary use safe harbor of subsection 2(13)(d)(i). Assuming that the city is legally allowed to treat the subsection (d)(i) revenue as unrestricted and the remaining revenue according to the limitations of subsections (a) through (c), there would still be a significant practical challenge of separating the (d)(i) revenue from the remaining revenue. The feasibility of doing this would primarily be a question for the police, the municipal court, and Verra Mobility. If it proves to be too difficult to separate the two revenue streams, the city might opt in to the requirements of subsection 2(13)(a)-(c) for all of the revenue for the sake of ease of administration. This course would provide the added benefit of resolving any ambiguity in relation to how much of the city's revenue qualifies for the safe harbor in subsection (d)(i). Regarding the city's ability to disaggregate traffic camera revenue, Verra Mobility, the camera operating contractor, can assign citation numbers that are unique to stoplight intersection cameras. However, the limitation is on the WA Statue Judicial Information system. From Rod Sniffen, Assistant Chief of Police: Having unique numbering conventions for each system is very much within Verra's capabilities and is not uncommon. Therefore, if we move forward with red light cameras, we can create a numbering system for those violations that are separate from the School Zone violations. The challenge 1 see will be with the courts. The court is the recipient of the fine revenue and will be responsible for keeping the different revenue streams separate as they will most likely be treated differently based on the new law. From Mark Cockrum, Information Systems Specialist, City of Edmonds: Packet Pg. 463 8.3 Because of the nature of the WA State Judicial Information System, and the conversations we've had with [the court administrator], I don't know how Edmonds IT can provide any additional resolution. Unfortunately, we do not have control or can change the Washington Judicial Information System (JIS), which is where the fines are collected, and fees are processed. This is the court system that can only use a single BARS number to collect the fines; it's a system that was created in the mid-1980s. Regarding the ability to separate (or not separate) these fines in the WA State Judiciary System will affect all jurisdictions in Washington State. Some reasonable approach to compliance will be likely to be communicated to those subject to the law via MRSC or AWC. Edmonds may or may not be subject depending on which date is relied on; ordinance or start date of the automated traffic safety cameras in school zones or start of discussions, passage of ordinance, or implementation stoplight intersection cameras (if passed). Attachments: 2024-04-16 DRAFT Ordinance Amending ECC 8.10 RCW 46.63.170 Ordinance 4292 Resolution 1542 Pages from Minutes of March 26, 2024 Council Meeting pages EDMONDS CITY COUNCIL MINUTES April 23, 2024 2384-S.SL Packet Pg. 464 8.3.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 8.10.010 OF THE EDMONDS CITY CODE TO AUTHORIZE AUTOMATED TRAFFIC SAFETY CAMERAS AT CERTAIN STOPLIGHT INTERSECTIONS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, in 2022 the City initiated a pedestrian safety campaign and expressed interest in the use of automated traffic safety cameras, as governed by RCW 46.63.170; and WHEREAS, in February 2023, the City Council passed Ordinance No. 4292 to adopt a new Chapter 8.10 (Automated Traffic Safety Cameras) authorizing the use of such cameras in school speed zones and school walk areas pursuant to RCW 46.63.170; and WHEREAS, the City Council has determined that it is in the best interests of the public to include stoplight intersections as authorized automated traffic safety camera locations pursuant to RCW 46.63.170; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECC 8.10.010 is amended to read as follows (new text is shown in underline; deleted text is shown in stfi e through): 8.10.010 Automated traffic safety cameras — Detection of violations — Restrictions. A. City law enforcement officers and persons commissioned by the Edmonds police chief are authorized to use automated traffic safety cameras and related automated systems to detect and record the image of. (1) traffic control device violations as defined by RCW 46.61.050(1) at the stoplight intersections described in subsection E, below; (2 school speed zone violations; and (2) (3) speed zone violations on any roadway identified in a school walk area as defined by RCW 28A.160.160; provided, however, pictures of the vehicle and the vehicle license plate may be taken only while an infraction is occurring, and the picture shall not reveal the face of the driver or of any passengers in the vehicle. B. Before adding additional cameras or relocating any existing camera to a new location, an analysis of the locations where automatic traffic safety cameras are proposed must be presented to the city council for approval. Packet Pg. 465 8.3.a C. Each location where an automated safety camera is used shall be clearly marked by signs and/or flashing beacons placed in locations that clearly indicate to a driver that the driver is entering a zone where traffic laws are enforced by an automated traffic safety camera. D. "Automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle whenever a vehicle fails to stop at a stoplight intersection as defined in RCW 46.61.055(3)(a) or exceeds a speed limit to a school speed zone or school walk area as detected by a speed measuring device. E. Automated traffic safety cameras are approved at the following stoplight intersections: 1. [insert intersection description #11; 2. [insert intersection description #21; 3. [insert intersection description #31; ... F. The itemization of intersections in subsection E, above, is solely for the purpose of approving the locations of automated traffic safety cameras at stoplight intersections. Subsection E shall not be construed to limit the enforcement of violations pertaining to school speed zone violations or speed zone violations on any roadway identified in a school walk area as defined by RCW 28A.160.160. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN Packet Pg. 466 8.3.a 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. 467 8.3.a On the Ordinance No. provides as follows: SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington day of 2024, the City Council of the City of Edmonds, passed A summary of the content of said ordinance, consisting of the title, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 8.10.010 OF THE EDMONDS CITY CODE TO AUTHORIZE AUTOMATED TRAFFIC SAFETY CAMERAS AT CERTAIN STOPLIGHT INTERSECTIONS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of 2024. CITY CLERK, SCOTT PASSEY Packet Pg. 468 8.3.b RCW 46.63.170 Automated traffic safety cameras —Definition. (Effective until June 30, 2025.) (1) The use of automated traffic safety cameras for issuance of notices of infraction is subject to the following requirements: (a) Except for proposed locations used solely for the pilot program purposes permitted under subsection (6) of this section, the appropriate local legislative authority must prepare an analysis of the locations within the jurisdiction where automated traffic safety cameras are proposed to be located: (i) Before enacting an ordinance allowing for the initial use of automated traffic safety cameras; and (ii) before adding additional cameras or relocating any existing camera to a new location within the jurisdiction. Automated traffic safety cameras may be used to detect one or more of the following: Stoplight, railroad crossing, school speed zone violations, speed violations on any roadway identified in a school walk area as defined in RCW 28A.160.160, speed violations in public park speed zones, hospital speed zones, speed violations subject to (c) or (d) of this subsection, or violations included in subsection (6) of this section for the duration of the pilot program authorized under subsection (6) of this section. At a minimum, the local ordinance must contain the restrictions described in this section and provisions for public notice and signage. Cities and counties using automated traffic safety cameras before July 24, 2005, are subject to the restrictions described in this section, but are not required to enact an authorizing ordinance. Beginning one year after June 7, 2012, cities and counties using automated traffic safety cameras must post an annual report of the number of traffic accidents that occurred at each location where an automated traffic safety camera is located as well as the number of notices of infraction issued for each camera and any other relevant information about the automated traffic safety cameras that the city or county deems appropriate on the city's or county's website. (b)(i) Except as provided in (c) and (d) of this subsection and subsection (6) of this section, use of automated traffic safety cameras is restricted to the following locations only: (A) Intersections of two or more arterials with traffic control signals that have yellow change interval durations in accordance with RCW 47.36.022, which interval durations may not be reduced after placement of the camera; (B) railroad crossings; (C) school speed zones; (D) roadways identified in a school walk area as defined in RCW 28A.160.160; (E) public park speed zones, as defined in (b)(ii) of this subsection; and (F) hospital speed zones, as defined in (b)(ii) of this subsection. (ii) For the purposes of this section: (A) "Public park speed zone" means the marked area within public park property and extending 300 feet from the border of public park property (I) consistent with active park use; and (II) where signs are posted to indicate the location is within a public park speed zone. (B) "Hospital speed zone" means the marked area within hospital property and extending 300 feet from the border of hospital property (I) consistent with hospital use; and (II) where signs are posted to indicate the location is within a hospital speed zone, where "hospital" has the same meaning as in RCW 70.41.020. (c) In addition to the automated traffic safety cameras authorized under (d) of this subsection, any city west of the Cascade mountains with a population of more than 195,000 located in a county Certified on 9/1/2023 RCW 46.63.170 Packet Pg. 469 with a population of fewer than 1,500,000 may operate an automated traffic safety camera to detect speed violations subject to the following limitations: (i) A city may only operate one such automated traffic safety camera within its respective jurisdiction; and (ii) The use and location of the automated traffic safety camera must have first been authorized by the Washington state legislature as a pilot project for at least one full year. (d)(i) Cities may operate at least one automated traffic safety camera under this subsection to detect speed violations, subject to the requirements of (d)(ii) of this subsection. Cities may operate one additional automated traffic safety camera to detect speed violations for every 10,000 residents included in the city's population. Cameras must be placed in locations that comply with one of the following: (A) The location has been identified as a priority location in a local road safety plan that a city has submitted to the Washington state department of transportation and where other speed reduction measures are not feasible or have not been sufficiently effective at reducing travel speed; (B) The location has a significantly higher rate of collisions than the city average in a period of at least three years prior to installation and other speed reduction measures are not feasible or have not been sufficiently effective at reducing travel speed; or (C) The location is in an area within the city limits designated by local ordinance as a zone subject to specified restrictions and penalties on racing and race attendance. (ii) A city locating an automated traffic safety camera under this subsection (1)(d) must complete an equity analysis that evaluates livability, accessibility, economics, education, and environmental health, and shall consider the outcome of that analysis when identifying where to locate an automated traffic safety camera. (e) All locations where an automated traffic safety camera is used to detect speed violations on roadways identified in a school walk area, speed violations in public park speed zones, speed violations in hospital speed zones, or speed violations under (d) of this subsection must be clearly marked by placing signs in locations that clearly indicate to a driver either: (i) That the driver is within a school walk area, public park speed zone, or hospital speed zone; or (ii) that the driver is entering an area where speed violations are enforced by an automated traffic safety camera. Signs placed in automated traffic safety camera locations after June 7, 2012, must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW. (f) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle. The primary purpose of camera placement is to take pictures of the vehicle and vehicle license plate when an infraction is occurring. Cities and counties shall consider installing cameras in a manner that minimizes the impact of camera flash on drivers. (g) A notice of infraction must be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter's name and address under subsection (3)(a) of this section. The law enforcement officer issuing the notice of infraction shall include with it a certificate Certified on 9/1/2023 RCW 46.63.170 Packet Pg. 470 or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. (h) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(d) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (3) of this section. If appropriate under the circumstances, a renter identified under subsection (3)(a) of this section is responsible for an infraction. (i) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images, or any other personally identifying data prepared under this section are for the exclusive use of law enforcement in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image, or any other personally identifying data may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section. (j) All locations where an automated traffic safety camera is used must be clearly marked at least 30 days prior to activation of the camera by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera. Signs placed in automated traffic safety camera locations after June 7, 2012, must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW. (k) If a county or city has established an authorized automated traffic safety camera program under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment. (1) If a city is operating an automated traffic safety camera to detect speed violations on roadways identified in a school walk area, speed violations in public park speed zones, speed violations in hospital speed zones, or speed violations under (d) of this subsection, the city shall remit monthly to the state 50 percent of the noninterest money received for infractions issued by those cameras excess of the cost to administer, install, operate, and maintain the automated traffic safety cameras, including the cost of processing infractions. Money remitted under this subsection to the state treasurer shall be deposited in the Cooper Jones active transportation safety account created in RCW 46.68.480. This subsection (1)(1) does not apply to automated traffic safety cameras authorized for stoplight, railroad crossing, or school speed zone violations. Certified on 9/1/2023 RCW 46.63.170 Packet Pg. 471 (2) Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(2). Except as provided otherwise in subsection (6) of this section, the amount of the fine issued for an infraction generated through the use of an automated traffic safety camera shall not exceed the amount of a fine issued for other parking infractions within the jurisdiction. However, the amount of the fine issued for a traffic control signal violation detected through the use of an automated traffic safety camera shall not exceed the monetary penalty for a violation of RCW 46.61.050 as provided under RCW 46.63.110, including all applicable statutory assessments. (3) If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 18 days of receiving the written notice, provide to the issuing agency by return mail: (a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or (b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or (c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction. (4) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b) , or (c) . (5)(a) For the purposes of this section, "automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing control signal, or exceeds a speed limit as detected by a speed measuring device. (b) For the purposes of the pilot program authorized under subsection (6) of this section, "automated traffic safety camera" also includes a device used to detect stopping at intersection or crosswalk violations; stopping when traffic obstructed violations; public transportation only lane violations; and stopping or traveling in restricted lane violations. The device, including all technology defined under "automated traffic safety camera," must not reveal the Certified on 9/1/2023 RCW 46.63.170 Packet Pg. 472 face of the driver or the passengers in vehicles, and must not use any facial recognition technology in real time or after capturing any information. If the face of any individual in a crosswalk or otherwise within the frame is incidentally captured, it may not be made available to the public nor used for any purpose including, but not limited to, any law enforcement action, except in a pending action or proceeding related to a violation under this section. (6)(a)(i) A city with a population greater than 500,000 may adopt an ordinance creating a pilot program authorizing automated traffic safety cameras to be used to detect one or more of the following violations: Stopping when traffic obstructed violations; stopping at intersection or crosswalk violations; public transportation only lane violations; and stopping or traveling in restricted lane violations. Under the pilot program, stopping at intersection or crosswalk violations may only be enforced at the 20 intersections where the city would most like to address safety concerns related to stopping at intersection or crosswalk violations. At a minimum, the local ordinance must contain the restrictions described in this section and provisions for public notice and signage. (ii) Except where specifically exempted, all of the rules and restrictions applicable to the use of automated traffic safety cameras in this section apply to the use of automated traffic safety cameras in the pilot program established in this subsection (6). (iii) As used in this subsection (6), "public transportation vehicle" means any motor vehicle, streetcar, train, trolley vehicle, ferry boat, or any other device, vessel, or vehicle that is owned or operated by a transit authority or an entity providing service on behalf of a transit authority that is used for the purpose of carrying passengers and that operates on established routes. "Transit authority" has the meaning provided in RCW 9.91.025. (b) Use of automated traffic safety cameras as authorized in this subsection (6) is restricted to the following locations only: Locations authorized in subsection (1)(b) of this section; and midblock on arterials. Additionally, the use of automated traffic safety cameras as authorized in this subsection (6) is further limited to the following: (i) The portion of state and local roadways in downtown areas of the city used for office and commercial activities, as well as retail shopping and support services, and that may include mixed residential uses; (ii) The portion of state and local roadways in areas in the city within one-half mile north of the boundary of the area described in (b)(i) of this subsection; (iii) Portions of roadway systems in the city that travel into and out of (b)(ii) of this subsection that are designated by the Washington state department of transportation as noninterstate freeways for up to four miles; and (iv) Portions of roadway systems in the city connected to the portions of the noninterstate freeways identified in (b)(iii) of this subsection that are designated by the Washington state department of transportation as arterial roadways for up to one mile from the intersection of the arterial roadway and the noninterstate freeway. (c) However, automated traffic safety cameras may not be used on an on -ramp to an interstate. (d) From June 11, 2020, through December 31, 2020, a warning notice with no penalty must be issued to the registered owner of the vehicle for a violation generated through the use of an automated Certified on 9/1/2023 RCW 46.63.170 Packet Pg. 473 8.3.b traffic safety camera authorized in this subsection (6). Beginning January 1, 2021, a notice of infraction must be issued, in a manner consistent with subsections (1) (g) and (3) of this section, for a violation generated through the use of an automated traffic safety camera authorized in this subsection (6). However, the penalty for the violation may not exceed $75. (e) For infractions issued as authorized in this subsection (6), a city with a pilot program shall remit monthly to the state 50 percent of the noninterest money received under this subsection (6) in excess of the cost to install, operate, and maintain the automated traffic safety cameras for use in the pilot program. Money remitted under this subsection to the state treasurer shall be deposited in the Cooper Jones active transportation safety account created in RCW 46.68.480. The remaining 50 percent retained by the city must be used only for improvements to transportation that support equitable access and mobility for persons with disabilities. (f) A transit authority may not take disciplinary action, regarding a warning or infraction issued pursuant to this subsection (6), against an employee who was operating a public transportation vehicle at the time the violation that was the basis of the warning or infraction was detected. (g) A city that implements a pilot program under this subsection (6) must provide a preliminary report to the transportation committees of the legislature by June 30, 2024, and a final report by January 1, 2025, on the pilot program that includes the locations chosen for the automated traffic safety cameras used in the pilot program, the number of warnings and traffic infractions issued under the pilot program, the number of traffic infractions issued with respect to vehicles registered outside of the county in which the city is located, the infrastructure improvements made using the penalty moneys as required under (e) of this subsection, an equity analysis that includes any disproportionate impacts, safety, and on -time performance statistics related to the impact on driver behavior of the use of automated traffic safety cameras in the pilot program, and any recommendations on the use of automated traffic safety cameras to enforce the violations that these cameras were authorized to detect under the pilot program. [2022 c 182 § 423; 2020 c 224 § 1; 2015 3rd sp.s. c 44 § 406; 2015 1st sp.s. c 10 § 702; 2013 c 306 § 711. Prior: 2012 c 85 § 3; 2012 c 83 § 7; 2011 c 367 § 704; 2010 c 161 § 1127; 2009 c 470 § 714; 2007 c 372 § 3; 2005 c 167 § 1.] Expiration date-2022 c 182 § 423: "Section 423 of this act expires June 30, 2025." [2022 c 182 § 506.] IntentEffective date-2022 c 182: See notes following RCW 70A.65.240. Expiration date-2022 c 182; 2020 c 224 § 1: "Section 1 of this act expires June 30, 2025." [2022 c 182 § 505; 2020 c 224 § 3.] Effective date-2015 3rd sp.s. c 44: See note following RCW 46.68.395. Effective date-2015 1st sp.s. c 10: See note following RCW 43.19.642. Certified on 9/1/2023 RCW 46.63.170 Packet Pg. 474 8.3.b Effective date-2013 c 306: See note following RCW 47.64.170. Findings—Intent-2012 c 85: "The legislature finds that it is in the interests of the driving public to continue to provide for a uniform system of traffic control signals, including provisions relative to yellow light durations, fine amounts for certain traffic control signal violations, and signage and reporting requirements at certain traffic control signal locations. The legislature further finds that a uniform system of traffic control signals greatly enhances the public's confidence in a safe and equitable highway network. Therefore, it is the intent of the legislature to harmonize and make uniform certain legal provisions relating to traffic control signals." [2012 c 85 § 1.] Effective date-2011 c 367 §§ 703, 704, 716, and 719: See note following RCW 46.18.060. Effective date —Intent —Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session 2010 c 161: See notes following RCW 46.04.013. Effective date-2009 c 470: See note following RCW 46.68.170. RCW 46.63.170 Automated traffic safety cameras —Definition. (Effective June 30, 2025.) (1) The use of automated traffic safety cameras for issuance of notices of infraction is subject to the following requirements: (a) The appropriate local legislative authority must prepare an analysis of the locations within the jurisdiction where automated traffic safety cameras are proposed to be located: (i) Before enacting an ordinance allowing for the initial use of automated traffic safety cameras; and (ii) before adding additional cameras or relocating any existing camera to a new location within the jurisdiction. Automated traffic safety cameras may be used to detect one or more of the following: Stoplight, railroad crossing, school speed zone violations, speed violations on any roadway identified in a school walk area as defined in RCW 28A.160.160, speed violations in public park speed zones, hospital speed zones, or speed violations subject to (c) or (d) of this subsection. At a minimum, the local ordinance must contain the restrictions described in this section and provisions for public notice and signage. Cities and counties using automated traffic safety cameras before July 24, 2005, are subject to the restrictions described in this section, but are not required to enact an authorizing ordinance. Beginning one year after June 7, 2012, cities and counties using automated traffic safety cameras must post an annual report of the number of traffic accidents that occurred at each location where an automated traffic safety camera is located as well as the number of notices of infraction issued for each camera and any other relevant information about the automated traffic safety cameras that the city or county deems appropriate on the city's or county's website. (b)(i) Except a of automated traffic locations only: (A) control signals that s provided in (c) and (d) of this subsection, use safety cameras is restricted to the following Intersections of two arterials with traffic have yellow change interval durations in Certified on 9/1/2023 RCW 46.63.170 Packet Pg. 475 accordance with RCW 47.36.022, which interval durations may not be reduced after placement of the camera; (B) railroad crossings; (C) school speed zones; (D) roadways identified in a school walk area as defined in RCW 28A.160.160; (E) public park speed zones, as defined in (b)(ii) of this subsection; and (F) hospital speed zones, as defined in (b)(ii) of this subsection. (ii) For the purposes of this section: (A) "Public park speed zone" means the marked area within public park property and extending 300 feet from the border of public park property (I) consistent with active park use; and (II) where signs are posted to indicate the location is within a public park speed zone. (B) "Hospital speed zone" means the marked area within hospital property and extending 300 feet from the border of hospital property (I) consistent with hospital use; and (II) where signs are posted to indicate the location is within a hospital speed zone, where "hospital" has the same meaning as in RCW 70.41.020. (c) In addition to the automated traffic safety cameras authorized under (d) of this subsection, any city west of the Cascade mountains with a population of more than 195,000 located in a county with a population of fewer than 1,500,000 may operate an automated traffic safety camera to detect speed violations subject to the following limitations: (i) A city may only operate one such automated traffic safety camera within its respective jurisdiction; and (ii) The use and location of the automated traffic safety camera must have first been authorized by the Washington state legislature as a pilot project for at least one full year. (d)(i) Cities may operate at least one automated traffic safety camera under this subsection to detect speed violations, subject to the requirements of (d)(ii) of this subsection. Cities may operate one additional automated traffic safety camera to detect speed violations for every 10,000 residents included in the city's population. Cameras must be placed in locations that comply with one of the following: (A) The location has been identified as a priority location in a local road safety plan that a city has submitted to the Washington state department of transportation and where other speed reduction measures are not feasible or have not been sufficiently effective at reducing travel speed; (B) The location has a significantly higher rate of collisions than the city average in a period of at least three years prior to installation and other speed reduction measures are not feasible or have not been sufficiently effective at reducing travel speed; or (C) The location is in an area within the city limits designated by local ordinance as a zone subject to specified restrictions and penalties on racing and race attendance. (ii) A city locating an automated traffic safety camera under this subsection (1)(d) must complete an equity analysis that evaluates livability, accessibility, economics, education, and environmental health, and shall consider the outcome of that analysis when identifying where to locate an automated traffic safety camera. (e) All locations where an automated traffic safety camera is used to detect speed violations on roadways identified in a school walk area, speed violations in public park speed zones, speed violations in hospital speed zones, or speed violations under (d) of this subsection must be clearly marked by placing signs in locations that clearly indicate to a driver either: (i) That the driver is within a school walk area, public park speed zone, or hospital speed Certified on 9/1/2023 RCW 46.63.170 Packet Pg. 476 zone; or (ii) that the driver is entering an area where speed violations are enforced by an automated traffic safety camera. Signs placed in automated traffic safety camera locations after June 7, 2012, must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW. (f) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle. The primary purpose of camera placement is to take pictures of the vehicle and vehicle license plate when an infraction is occurring. Cities and counties shall consider installing cameras in a manner that minimizes the impact of camera flash on drivers. (g) A notice of infraction must be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter's name and address under subsection (3)(a) of this section. The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. (h) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(d) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (3) of this section. If appropriate under the circumstances, a renter identified under subsection (3)(a) of this section is responsible for an infraction. (i) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this section are for the exclusive use of law enforcement in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section. (j) All locations where an automated traffic safety camera is used must be clearly marked at least 30 days prior to activation of the camera by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera. Signs placed in automated traffic safety camera locations after June 7, 2012, must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW. (k) If a county or city has established an authorized automated traffic safety camera program under this section, the compensation Certified on 9/1/2023 RCW 46.63.170 Packet Pg. 477 paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment. (1) If a city is operating an automated traffic safety camera to detect speed violations on roadways identified in a school walk area, speed violations in public park speed zones, speed violations in hospital speed zones, or speed violations under (d) of this subsection, the city shall remit monthly to the state 50 percent of the noninterest money received for infractions issued by those cameras excess of the cost to administer, install, operate, and maintain the automated traffic safety cameras, including the cost of processing infractions. Money remitted under this subsection to the state treasurer shall be deposited in the Cooper Jones active transportation safety account created in RCW 46.68.480. This subsection (1)(1) does not apply to automated traffic safety cameras authorized for stoplight, railroad crossing, or school speed zone violations. (2) Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(2). The amount of the fine issued for an infraction generated through the use of an automated traffic safety camera shall not exceed the amount of a fine issued for other parking infractions within the jurisdiction. However, the amount of the fine issued for a traffic control signal violation detected through the use of an automated traffic safety camera shall not exceed the monetary penalty for a violation of RCW 46.61.050 as provided under RCW 46.63.110, including all applicable statutory assessments. (3) If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 18 days of receiving the written notice, provide to the issuing agency by return mail: (a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or (b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or (c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction. (4) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b) , or (c) . Certified on 9/1/2023 RCW 46.63.170 11 Packet Pg. 478 (5) For the purposes of this section, "automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing control signal, or exceeds a speed limit as detected by a speed measuring device. (6) During the 2011-2013 and 2013-2015 fiscal biennia, this section does not apply to automated traffic safety cameras for the purposes of section 216(5), chapter 367, Laws of 2011 and section 216(6), chapter 306, Laws of 2013. [2022 c 182 § 424; 2015 3rd sp.s. c 44 § 406; 2015 lst sp.s. c 10 § 702; 2013 c 306 § 711. Prior: 2012 c 85 § 3; 2012 c 83 § 7; 2011 c 367 § 704; 2010 c 161 § 1127; 2009 c 470 § 714; 2007 c 372 § 3; 2005 c 167 § 1.1 Effective date-2022 c 182 § 424: "Section 424 of this act takes effect June 30, 2025." [2022 c 182 § 507.1 Intent2022 c 182: See note following RCW 70A.65.240. Effective date-2015 3rd sp.s. c 44: See note following RCW 46.68.395. Effective date-2015 1st sp.s. c 10: See note following RCW 43.19.642. Effective date-2013 c 306: See note following RCW 47.64.170. Findings—Intent-2012 c 85: "The legislature finds that it is in the interests of the driving public to continue to provide for a uniform system of traffic control signals, including provisions relative to yellow light durations, fine amounts for certain traffic control signal violations, and signage and reporting requirements at certain traffic control signal locations. The legislature further finds that a uniform system of traffic control signals greatly enhances the public's confidence in a safe and equitable highway network. Therefore, it is the intent of the legislature to harmonize and make uniform certain legal provisions relating to traffic control signals." [2012 c 85 § 1.] Effective date-2011 c 367 §§ 703, 704, 716, and 719: See note following RCW 46.18.060. Effective date —Intent —Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session 2010 c 161: See notes following RCW 46.04.013. Effective date-2009 c 470: See note following RCW 46.68.170. Certified on 9/1/2023 RCW 46.63.170 11 Packet Pg. 479 8.3.c ORDINANCE NO.4292 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE USE OF AUTOMATED TRAFFIC SAFETY CAMERAS IN APPROVED LOCATIONS AND ADOPTING A NEW CHAPTER 8.10 (AUTOMATED TRAFFIC SAFETY CAMERAS); PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND SETTING AN EFFECTIVE DATE. WHEREAS, in 2022, the City initiated a pedestrian safety campaign and expressed interest in the use of automated traffic safety cameras, as governed by RCW 46.63.170; and WHEREAS, in 2022, the Washington State Legislature adopted amendments to that statute to authorize the use of such cameras in additional areas, including on any roadway identified in a school walk area, as well as in the previously authorized school speed zones; and WHEREAS, RCW 46.63.170 requires that local legislative authorities prepare an analysis of proposed camera locations, and the City Council has approved Resolution No. 1514 to adopt the required analysis prepared at the request of City staff; and WHEREAS, RCW 46.63.170 requires that the City provide public notice and signage relating to the automated traffic safety cameras, to include signs following the specifications of the manual of uniform traffic control devices that clearly indicate that the driver is within a school walk area or that the driver is entering an area where speed violations are enforced by an automated traffic safety camera; and WHEREAS, the Edmonds Police Department has coordinated with the City Engineer to provide the public with the required notice and signage; and WHEREAS, RCW 46.63.170 requires that the City post annual reports with traffic accident and infraction information and other relevant information about the automated traffic safety cameras that the City deems appropriate on the City's website; and WHEREAS, the Edmonds Police Department has coordinated with other City departments to generate and post the reports required under the statute; and Packet Pg. 480 8.3.c WHEREAS, the City Council approves the use of automated traffic safety cameras at the locations identified in the City's location analysis in school speed zones and school walk areas within the City of Edmonds in accordance with the provisions of RCW 46.63.170; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Authorization. City staff is authorized to install, operate, maintain and administer five (5) automated traffic safety cameras at the locations identified in the City's location analysis in school speed zones and school walk areas within the City of Edmonds in accordance with the provisions of RCW 46.63.170, and the Mayor is hereby authorized to enter into any necessary agreements to effectuate this purpose. Section 2. Adoption of New Code Section. A new Chapter 8.10 as set forth in full in the document attached to this ordinance is hereby adopted into the Edmonds City Code. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Corrections. The City Clerk is authorized to make necessary corrections to this ordinance and the new Chapter 8.10 ECC including, but not limited to, the correction of scrivener's and clerical errors, references, numbering, and any references thereto. Section 5. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAY MIKE NELSON 2 Packet Pg. 481 8.3.c ATTEST/AUTHENTICATED: CIT RK, COTT EY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADA FILED WITH THE CITY CLERK: February 17, 2023 PASSED BY THE CITY COUNCIL: February 21, 2023 PUBLISHED: February 24, 2023 EFFECTIVE DATE: March 1, 2023 ORDINANCE NO. 4292 Packet Pg. 482 8.3.c SUMMARY OF ORDINANCE NO.4292 of the City of Edmonds, Washington On the 21" day of February 2023, the City Council of the City of Edmonds, passed Ordinance No. 4292. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE USE OF AUTOMATED TRAFFIC SAFETY CAMERAS IN APPROVED LOCATIONS AND ADOPTING A NEW CHAPTER 8.10 (AUTOMATED TRAFFIC SAFETY CAMERAS); PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 21" day of February 2023. 4 CLERK, SCOTTIPASSEY Packet Pg. 483 8.3.c Chapter 8.10 AUTOMATED TRAFFIC SAFETY CAMERAS Sections: 8.10.010 Automated traffic safety cameras - Detection of violations - Restrictions. 8.10.020 Notice of infraction. 8.10.030 Prima facie presumption. 8.10.040 Infractions processed. 8.10.050 Fine. 8.10.060 Nonexclusive enforcement. 8.10.010 Automated traffic safety cameras - Detection of violations - Restrictions. A. City law enforcement officers and persons commissioned by the Edmonds police chief are authorized to use automated traffic safety cameras and related automated systems to detect and record the image of: (1) school speed zone violations; and (2) speed zone violations on any roadway identified in a school walk area as defined by RCW 28A.160.160; provided, however, pictures of the vehicle and the vehicle license plate may be taken only while an infraction is occurring, and the picture shall not reveal the face of the driver or of any passengers in the vehicle. B. Before adding additional cameras or relocating any existing camera to a new location, an analysis of the locations where automatic traffic safety cameras are proposed must be presented to the city council for approval. C. Each location where an automated safety camera is used shall be clearly marked by signs and/or flashing beacons placed in locations that clearly indicate to a driver that the driver is entering a zone where traffic laws are enforced by an automated traffic safety camera. D. "Automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle whenever a vehicle exceeds a speed limit to a school speed zone or school walk area as detected by a speed measuring device. 1 8.10.020 Notice of infraction. A. A notice of infraction must be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter's name and address. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. Packet Pg. 484 8.3.c B. If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction is issued, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 18 days of receiving the written notice, provide to the agency by return mail: (1) a statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or (2) a statement under oath that the business is unable to determine who was driving or renting the vehicle when the infraction occurred; or (3) in lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this statement to the agency shall relieve the rental car business of any liability under this chapter for the infraction. C. The law enforcement officer issuing a notice of infraction shall include with it a certificate or facsimile thereof, based upon the inspection of photographs, microphotographs or electronic images produced by an automated traffic safety camera, citing the infraction and stating the facts supporting the notice of infraction. This certificate or facsimile shall be prima facie evidence of the facts contained in it and shall be admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. D. The registered owner of a vehicle is responsible for an infraction detected through the use of an automated traffic safety camera unless the registered owner overcomes the presumption set forth in EMC 8.10.030, or, in the case of a rental car business, satisfies the conditions under subsection B of this section. if appropriate under the circumstances, a renter identified under subsection B of this section is responsible for an infraction. E. All photographs, microphotographs or electronic images prepared under this chapter are for the exclusive use of law enforcement in the discharge of duties under this chapter and, as provided in RCW 46.63.170(1)(i), they are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this chapter. No photograph, microphotograph or electronic image may be used for any purpose other than enforcement of violations under this chapter nor retained longer than necessary to enforce this chapter. 8.10.10.030 Prima facie presumption. A. In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this chapter, proof that the particular vehicle described in the notice of traffic infraction was involved in a stoplight violation or school speed zone violation, together with proof that the person named in the notice of infraction was at the time of the violation the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred. Packet Pg. 485 8.3.c B. This presumption may be overcome only if the registered owner, under oath, states in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody or control of some person other than the registered owner. I 8.10.040 Infractions processed. Infractions detected through the use of automated traffic safety cameras shall be processed in the same manner as parking infractions. 8.10.050 Fine. The fine for an infraction detected under authority of this chapter shall be a base monetary penalty of $130.00; and provided further, that whenever, in the future, the state of Washington increases the fine imposed under this chapter, by legislation or court rule, the city's fine shall be increased to a like amount upon the effective date of such legislation or court rule. 8.10.060 Nonexclusive enforcement. Nothing in this chapter prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1)(a), (b) or (c). Packet Pg. 486 8.3.c Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH972164 ORDINANCE 4292/4293 as it was published in the regular and entire issue of said paper and not as a supplement fornn thereof for a period of 1 issue(s), such publication commencing on 02/24/2023 and ending on 02/24/2023 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount the fee for s h publication is P Uncia $37.84. My P r_==_ b 'sJ'" ,25 Subscribed and sworn bef re me on this day ,,t /i Notary Public in and for the State of Washington. Cay of Edmonds- LEGAL ADS 114101416 SCOTI PASSEY Packet Pg. 487 Classified Proof 8.3.c ORDINANCE SUh+1_.1ARY of Iha Cdy oI drclrm OgjllnAcan On the 71%1 clay OI FFfpN o.) 2023 'fie coy Catuuu of the City OI FW&IOT,15. I=d 1flIM 6 (Ol owing s7fG1i171nL@$. the &uMn1C5 Of sara ardinama5 LOnSF"'.' @I uIt. afa f#OVIded" 1p1Io Yy: L')ROIN0.NCE NO <242 AN ORDINANCE OF EDf.14NDS VVASHtNGTON. AUTHORIZING -I HE USE OF AUTOMATED TRAFFIC SAFETY CAMERAS IN APPROVED LOCATIONS AND ADOPTING A NEW CHAPTER 8.10 (AUTOMATE© TRAFFIC SAFETY CAMERAS); PROVIDoNG FOR SEVERABILITY AND CORRECTION& AND SETTING AN EFFECTIVF DATE, 6RDIplANt;E N(}, q28? AN ORDINANCE 0 THE MY OF EDMONDS. WASHINGSON. CHANGING THE REGULAR MEETING TIME OF THE CITY COUNCIL'$ PUBLIC SAFETY PLANNING, HUMAN SERvICE.S. AND PERSONNEL CPSPHSP') GOI.IMITTEE DATED1hIs 7.ta+Day of Fehruefy. 2023. CITY CLERK. SCOTT PASS EDH9721fiA Puak511ecl: February 24. 2023 Proofed by Phillips, Linda, 02/24/2023 02:22:31 pm Page: 2 Packet Pg. 488 8.3.d RESOLUTION NO. 1542 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERSECTION TRAFFIC SAFETY CAMERA LOCATION ANALYSIS CONDUCTED PURSUANT TO RCW 46.63.170 WHEREAS, the Washington State Legislature, under Chapter 46.63 RCW, established its intent to promote the public safety and welfare on public highways and facilitate the implementation of a uniform and expeditious system for the disposition of traffic infractions; and WHEREAS, as part of that effort, the Legislature enacted RCW 46.63.170 relating to the use of automated traffic safety cameras; and WHEREAS, that statute authorizes the use of automated traffic safety cameras by local jurisdictions, provided that, before enacting an ordinance allowing for the use of such cameras, the appropriate local legislative authority first prepares an analysis of the locations within the jurisdiction where automated traffic safety cameras are proposed to be located; and WHEREAS, the City Council has previously adopted such an analysis for the use of traffic safety cameras in school zones; and WHEREAS, certain school zone traffic safety cameras were subsequently authorized by Ordinance 4292; and WHEREAS, the City Council is now undertaking an analysis of the possible use of traffic safety cameras at signalized intersections; and WHEREAS, the City Council is considering whether to authorize the addition of traffic safety cameras at up to nine specific signalized intersection locations; and WHEREAS, the City Council, after review and discussion, has determined that it is in the best interests of the city to adopt the automated traffic safety camera analysis of these nine signalized intersection locations pursuant to RCW 46.63.170(1)(a); and WHEREAS, any decision to authorize the use of traffic safety cameras for any or all of these nine signalized intersection locations will occur, not through this resolution, but through subsequent council action; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Recitals. The recitals set forth above are hereby incorporated by reference as if set forth fully herein. Packet Pg. 489 8.3.d Section 2. Adoption of Analysis. Pursuant to RCW 46.63.170(1)(a), the Edmonds City Council hereby adopts the automated traffic safety camera analysis of nine signalized intersection locations, as summarized in the table attached hereto as Exhibit A and incorporated herein by this reference. Section 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. RESOLVED this 26TH day of March, 2024. ATTEST: Y CLERK,. SC PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. CITY OF EDMONDS MAYOR, IKE ROSEN March 22, 2024 March 26, 2024 1542 2 Packet Pg. 490 8.3.d Exhibit A Summary of Location Analysis 220th and Highway 99 Average Daily Traffic' 20,000 Accidents in 2020-20222 10 Verra Mobility Analysis Ratin s 5.3 2023 Accidents4 12 212th and 76th Average Daily Traffic 6,000 Accidents in 2020-2022 15 Verra Mobility Analysis Rating 4.08 / 4.06 / 3.995 2023 Accidents 4 Highway 104 and 100th Average Daily Traffic 13,000 Accidents in 2020-2022 6 Verra Mobility Analysis Rating 3.5 / 3.42* 2023 Accidents Not yet available 224th and Highway 99 Average Daily Traffic 16,000 Accidents in 2020-2022 12 Verra Mobility Analysis Rating 3.41 2023 Accidents Not yet available 238th and Highway 99 Average Daily Traffic 20,000 Accidents in 2020-2022 5 Verra Mobility Analysis Rating 4.72 2023 collisions Not yet available 216th and Highway 99 Average Daily Traffic 20,000 Accidents in 2020-2022 5 Verra Mobility Analysis Rating 3.68 2023 Accidents Not yet available 228th and Highway 99 Average Daily Traffic 16,000 Accidents in 2020-2022 3 Verra Mobility Analysis Rating 4.05 2023 collisions 5 212th and Highway 99 Average Daily Traffic 20,000 Accidents in 2020-2022 2 Verra Mobility Analysis Rating 3.1 2023 Accidents Not yet available 220th and 76th Average Daily Traffic 12,000 Accidents in 2020-2022 13 Verra Mobility Analysis Rating 2.91 2023 Accidents 6 Source: City of Edmonds, presented to Council February 20, 2024 2 Source: Edmonds Police Department, presented to Council February 20, 2024 3 Source: Verra Mobility, presented to Council February 20, 2024 4 Source: preliminary 2023 data, Edmonds Police Department, presented to Council February 20, 2024 5 When more than one Verra Mobility rating exists, individual directions of the intersections were rated. Packet Pg. 491 8.3.e COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED (6-1) COUNCILMEMBER DOTSCH VOTING NO. The agenda items approved are as follows: 1. APPROVAL OF COMMITTEE MEETING MINUTES MARCH 12, 2024 2. APPROVAL OF SPECIAL MEETING MINUTES MARCH 12, 2024 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT 4. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 5. COUNCIL RULES OF PROCEDURE SECTION 3 9. COUNCIL BUSINESS RESOLUTION ADOPTING TRAFFIC SAFETY CAMERA LOCATION ANALYSIS Council President Olson explained this resolution is strictly about the data on the intersections and whether the data is an analysis of what the council needs and plans to use to make a decision in the future whether to implement red light cameras at zero, some, or all of the intersections that were studied. She reiterated the resolution is strictly about the data on the intersections. The data point identified under Audience Comments is being reviewed. Because there is interest in this item and not everyone has followed all the meetings regarding red light cameras, every packet included all the information. The information highlighted by the resident is not related to this decision on the resolution which is an analysis of the City of Edmonds intersections; the graph that was referenced was about Lynnwood's accident history and is not germane to this item. Approving the resolution accepts the analysis as the basis for decision making. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE RESOLUTION IN THE PACKET. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO AMEND THE TITLE OF RESOLUTION, TO STRIKE "SECOND" AND SUBSTITUTE WITH "INTERSECTION" SO THE TITLE READS, "... AN INTERSECTION SECOND TRAFFIC SAFETY CAMERA LOCATION ANALYSIS..." AMENDMENT CARRIED (6-1), COUNCILMEMBER DOTSCH VOTING NO. Councilmember Paine said she also has concerns with some of the other whereas clauses but will wait for other councilmembers to speak. Councilmember Dotsch was concerned that the study of intersections did not come from full council. The data presented included a third party who has a financial interest in the installation of the cameras; it should have been provided by an outside party. The automated enforcement checklist she cited at a previous meeting which the police said they were using, stated this should be part of a citywide public safety plan. This is narrowly focused on the most highly trafficked intersections, 100' & SR-104, 220' & Highway 99, and 76th & 212th. The data is very generalized; in reviewing the actual numbers, at the three intersections identified as the most dangerous, there were five accidents caused by running red lights in 2023, zero bicyclist or pedestrians were struck and there were zero injuries. The narrative that these are the most dangerous intersections and that there are 500+ accidents in Edmonds raises the question of whether the data is being considered properly and whether citywide safety is being considered. Mayor Rosen clarified the motion is to accept the accuracy of the data and not the use of the data. Councilmember Dotsch reiterated the data is very generalized. If the issue is drivers running red lights, the council needs accident data related to drivers running red lights. She questioned issuing $130 citations for running a red light when in reality there may be other things that cause more bodily harm, and whether this Edmonds City Council Draft Minutes March 26, 2024 Q Page 13 Packet Pg. 492 8.3.e was the best place to invest police and court resources. This information was the result of a poor process last year and she still feels it is a poor process. Councilmember Nand thanked Council President Olson for her work and staff for their input. She expressed concern that this is supposed to be a neutral adoption of data for future consideration of whether to pursue red light cameras in Edmonds. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER DOTSCH, TO AMEND TO REMOVE THE 7TH WHEREAS CLAUSE THAT READS, "WHEREAS, THE CITY COUNCIL IS CONSIDERING WHETHER TO AUTHORIZE THE ADDITION OF TRAFFIC SAFETY CAMERAS AT UP TO NINE SPECIFIC SIGNALIZED INTERSECTION LOCATIONS." Councilmember Nand said include that statement in resolution is getting ahead of ourselves. Councilmember Paine preferred to retain that whereas clause to ensure the data that is adopted pertains to Edmonds. The greatest opportunities for determining where red light cameras need to be located will be those nine intersections. There is likely to be better behavior modification if cameras are installed at nine intersections because people will pay more attention if there are cameras at nine intersections instead of only three. Councilmember Nand relayed her preference to remove the whereas clause due to strong skepticism in the community last year when this was brought forward that it was a revenue generating strategy by the council and not specifically tied to safety. Presenting to the public that the council is considering going from zero red light cameras to nine, especially in a year where the City is experiencing a tight budget, casts a pall over the efficacy and purity of the council's motives. She preferred to remove the whereas clause and see if an argument can be presented to the community with a close nexus to public safety and not revenue generation. She was not comfortable with stating the council was considering nine red light cameras. Council President Olson said she was also in favor of retaining this whereas clause but for a very different reason. As someone involved in authoring the resolution, that clause is related to whether to authorize up to nine. There is no intent or commitment communicated in this clause to install nine cameras. The data for the nine intersections will be the basis for the decision whether to install zero, one or more red light cameras. Councilmember Eck also supported keeping this whereas clause to give the council wiggle room. The feedback from the public about being equitable and not concentrating on one neighborhood also needs to be factored in. Councilmember Chen also supported the whereas clause regarding nine locations because the data sources are all credible and provide a comparison of different intersections throughout the City in order to make equitable decisions to improve public safety versus just for revenue generation motives. Councilmember Dotsch recalled the council asked for police and court time and was provided limited data related to school zone cameras. The department is ten officers short, 40 hours in front of a screen. Councilmember Tibbott raised a point of order, stating Councilmember Dotsch's comments are not relative to the amendment. Mayor Rosen requested council comments relate to the amendment to strike the clause. AMENDMENT FAILED (2-5) COUNCILMEMBERS DOTSCH AND COUNCILMEMBER NAND VOTING YES. Councilmember Paine referred to the 9t1i whereas related to delaying the selection of any or all of the nine intersections to a subsequent council action and recommended leaving that to the administration. Edmonds City Council Draft Minutes March 26, 2024 Q Page 14 Packet Pg. 493 8.3.e COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER ECK, TO STRIKE THE 9TH WHEREAS CLAUSE, "WHEREAS, ANY DECISION TO AUTHORIZE THE USE OF TRAFFIC SAFETY CAMERAS FOR ANY OR ALL OF THESE NINE SIGNALIZED INTERSECTION LOCATIONS WILL OCCUR, NOT THROUGH THIS RESOLUTION, BUT THROUGH SUBSEQUENT COUNCIL ACTION." Councilmember Paine said this would allow the administration to choose the intersections based on the safety analysis. The administration will be administering the program, the City has a strong police force, and the council is supportive of public safety. This whereas clause is not synchronous with the rest of the resolution that references the nine locations. Councilmember Nand said she was strongly opposed to removing the 9t' whereas clause. This issue has received a high level of public scrutiny and due to the police department's prominent role in presenting this last year, they came under some harsh and unwarranted criticism. The decision to add red light cameras will be a political decision and should not implicate the independence, integrity or perception of the police department or court in any way. Council President Olson agreed with Councilmember Nand's comments, there is still a policy decision to be made regarding whether or not to have red light cameras. This resolution is not to usurp or get around that policy decision, simply to state that this data will be used as the basis for that decision. MOTION FAILED (2-5), COUNCILMEMBERS PAINE AND ECK VOTING YES. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER DOTSCH, TO AMEND WHEREAS 8 TO READ AS FOLLOWS, "WHEREAS, THE CITY COUNCIL, AFTER REVIEW AND DISCUSSION, HAS DETERMINED TTs�T TO ADOPT THE AUTOMATED TRAFFIC SAFETY CAMERA ANALYSIS OF THESE NINE SIGNALIZED INTERSECTION LOCATIONS PURSUANT TO RCW 46.63.170(1)(A). Councilmember Nand commented the resolution needs to be very neutral, there has already been high level of public scrutiny about Verra Mobility, who is potentially the City's contractor, providing this information free of charge, etc. This amendment will preserve the neutrality and stress that the council has not made any commitments, the data sources are legitimate, and the council will give this due deliberation before making this policy change. Councilmember Dotsch expressed support for the amendment because "interest" could be safety, financial or something else and the statement is very vague. Council President Olson pointed out the Verra Mobility data was not the only data provided; it was among the data provided for each of the intersections. It is in the City's best interest to adopt the basis for making future decisions. She was comfortable with wording as submitted. UPON ROLL CALL, AMENDMENT FAILED (2-5), COUNCILMEMBERS DOTSCH AND NAND VOTING YES; COUNCILMEMBERS ECK, CHEN, TIBBOTT, AND PAINE AND COUNCIL PRESIDENT OLSON VOTING NO. MAIN MOTION AS AMENDED CARRIED (5-2), COUNCILMEMBERS DOTSCH AND NAND VOTING NO. 2. RESOLUTION CONCERNING REESTABLISHMENT WORKPLAN OF THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT Edmonds City Council Draft Minutes March 26, 2024 Q Page 15 Packet Pg. 494 8.3.f CHEN, TIBBOTT AND DOTSCH AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS ECK AND PAINE VOTING NO; COUNCILMEMBER NAND ABSTAINING. 10. COUNCIL BUSINESS 1. OPIOID SETTLEMENT PARTICIPATION FORM Deputy Director of Administrative Services Kim Dunscombe explained for the City to participate and be eligible for compensation under the state's new settlement agreement with Johnson & Johnson, the City needs to be able to sign and submit their participation form. She requested the council authorize the mayor to sign and submit the form for the City to be eligible for the funds. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER CHEN, TO ACCEPT THE ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN WASHINGTON MUNICIPALITIES APPROVING THE PARTICIPATION OF EDMONDS IN THE BROADER OPIOID SETTLEMENT. Councilmember Paine commented this is a really good idea and she commended Ms. Dunscombe for bringing the participation form to council prior to the deadline. Councilmember Chen echoed Councilmember Paine's comments that this is a good thing for Edmonds to accept and to use the resources to do the work that needs to be done. MOTION CARRIED UNANIMOUSLY. 2. ORDINANCE AMENDING ECC 8.10 TO INCLUDE STOPLIGHT INTERSECTION CAMERAS Council President Olson introduced this item, advising the subject matter experts are also available. The council passed ECC 8.10 February 2023 related to school zone speed cameras. That code did not specify an allowance for stoplight intersection cameras, a topic the council has revisited at several meetings and had robust discussion in the community, via email and in council chambers. She requested the city attorney speak to the most recent house bill passed by the legislature and signed by the governor that will become effective June 6, 2024 and how that effects how funds can be used. The topic is unchanged from previous conversations other than the recently approved bill and she anticipated council would want to have that information before voting. City Attorney Jeff Taraday referred to HB 2384, explaining he did not think there was anything in the bill that would require an amendment to the ordinance in the packet. There are potential consequences regarding the use of the traffic safety camera revenue; the bill speaks to how revenue can be used or how its use is limited in certain circumstances. He clarified he will preface many of his statements tonight with likely or probably because this is a brand new bill and there is no case law that interprets it and there are things in it that he finds ambiguous so he is unsure how it will ultimately be interpreted. The bill distinguishes programs, automatic traffic safety camera programs that are in effect before January 1, 2024 and those not in effect before January 1, 2024 but does not define the word program so some might ask whether the City's program was in effect. Mr. Taraday continued, he would argue it probably was in effect because the ordinance was approved in 2023, but he did not know exactly when the cameras were installed or whether that was relevant because the state legislature has not defined what a program is. It is unknown whether the program is the ordinance, the day the cameras are functioning or something else. Probably because the council adopted the ordinance in 2023, the program was in effect prior to January 1, 2024. Section 2, subsection 13(d)(1) of the bill speaks Edmonds City Council Approved Minutes April 23, 2024 Page 11 Packet Pg. 495 8.3.f to revenue limitations. For cities new to automatic traffic safety cameras, they can only use the revenue in limited ways; it cannot just go into the General Fund for general purposes. Because Edmonds started before the threshold cutoff date, the City probably has a continuing ability to use the revenue according to the council's discretion with the following limitation: for cities with programs in effect, up to a 10% increase in each kind of camera, distinguishing school zone versus red light cameras, and for those with fewer than 10 of each kind, they can add one camera of each kind. That is how he read the law. The City can quite clearly add one traffic safety camera for school zones because the City had its program in place but had fewer than 10 before January 1, 2024. With respect to red light cameras, any automated traffic safety camera program in effect before January 1, 2024 with fewer than 10 red light cameras in effect, the City had zero which is few than 10, but the City had a program in effect. He could see an argument that the City could add one red light cameras and retain the unlimited revenue discretion under this law, but it is clear there would be some limitation on use of revenue if more than one of either category is added. The law doesn't say whether the City gets to compartmentalize the old camera revenue from the new camera revenue and continue to have discretion on use of the old camera revenue; the new camera revenue is limited to what the state law states. It is possible if the City exceeds the one new camera of each kind threshold that the state would say the City had crossed the threshold and now all the revenue has to be used in accordance with these limited methods. Mr. Taraday continued, for all the cities that are just now doing traffic safety camera programs and those that will cross the threshold, the money must be used for traffic safety activities related to construction and preservation projects and construction and operation purposes including but not limited to projects designed to implement the Complete Streets approach as defined in RCW 47.04.010, changes in physical infrastructure to reduce speeds through road design, and changes to improve safety for active transportation users including improvements to access and safety for road users with mobility, sight or other disabilities. The second category of limitations on the use of the revenue is the cost to administer, install, operate and maintain the automated traffic safety cameras including the cost of processing infractions. He summarized cities limited in the way the revenue can be used can spend the money on road safety improvements or camera maintenance and infraction processing. Mr. Taraday continued, one might say if General Fund dollars were used for that anyway, isn't the net effect the same because it unburdens the General Fund by using the revenue to pay for things the General Fund would paid for anyway. He did not know if that was true with respect to the road safety improvements because it isn't always General Fund dollars that fund that, sometimes they are funded by grants. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE ORDINANCE IN THE PACKET AMENDING CHAPTER 8.10, AUTOMATED TRAFFIC SAFETY CAMERAS, TO INCLUDE STOPLIGHT INTERSECTIONS AT AUTHORIZED AUTOMATED TRAFFIC SAFETY CAMERA LOCATIONS. Council President Olson commented for her, the new law was immaterial. There are so many sidewalk, road and transportation improvements that need to be done, most of them speed abatement related so it ties in and segues nicely. Certainly at this point when the City is so strapped financially, she would not want to put limits on how it was used, assuming there is an option which the City most decidedly might not have. Regardless, she was personally in favor of having red light cameras at two intersections she purported in a different agenda memo, but this is a more general conversation about whether to have any red light intersection cameras at all. Councilmember Nand referred to Section 2, subsection 13 (b)(i) on page 7 of HB 2384. Councilmember Tibbott raised a point of order. Councilmember Nand asked if she was not allowed to ask questions. Councilmember Tibbott said he would like to follow Councilmember Nand's argument or point Edmonds City Council Approved Minutes April 23, 2024 Page 12 Packet Pg. 496 8.3.f of information but the page numbers from the HB are covered by the packet numbers. He asked what packet page she was referring to in order to have a viable discussion. Mayor Rosen advised it was packet page 359. Councilmember Nand read the paragraph, "The automated traffic safety camera program revenue used by the county or city with a population of 10,000 or more for purposes described in (a)(i) of this subsection must include the use of revenue in census tracts of the city or county that have household incomes in the lowest quartile determined by the most currently available census data and areas that experience rates of injury crashes that are above average for the city or county. Funding contributed from traffic safety program revenue must be, at a minimum, proportionate to the share of the population of the county or city who are residents of these low-income communities and communities experiencing high injury crash rates. This share must be directed to investments that provide direct and meaningful traffic safety benefits to these communities. Revenue used to administer, install, operate, and maintain automated traffic safety cameras, including the cost of processing infractions, are excluded from determination of the proportionate share of revenues under this subsection (13)(b)." Councilmember Nand asked if this would be construed as a geographic restriction on at least a portion of the revenue generated. Mr. Taraday said subsection (b) begins with the phrase, "except as provided in (d) of this subsection:" Subsection (d) talks about the January 1, 2024 program creation threshold. That is what he was explaining previously. The school zone camera program existed prior to January 1, 2024 and it stands to reason that the school zone cameras would not be implicated in what subsection (b) is requiring unless the City were to add more than one of them. The City is allowed to add one, but cannot add more than one without triggering the requirement that Councilmember Nand just read. Councilmember Nand explained for the edification of the public, the school zone cameras were turned on January 1, 2024 and then there was a one month warning period. Mr. Taraday said he was not up to speed on those facts and was not sure they were relevant. The city council adopted an ordinance in 2023, contracted with a company in 2023; there is nothing in the law that states exactly when the program was put into effect. He cannot definitively conclude one way or the other whether the school zone camera is before or after the January 1, 2024 threshold date. He would assert it probably should be treated as before that threshold date given all the work done in 2023, but he cannot say definitively that that's how a court would interpret this or how the State of Washington would interpret it. Councilmember Nand thanked Mr. Taraday for his input, commenting she was not trying to cast him in the role of an adjudicator. Councilmember Nand continued, as a member of the public, she would expect the program was implemented when it started issuing tickets which was in 2024. In the state's update to the 2005 bill is directing that money be distributed proportionately toward the lowest quartile of average income according to the census. In the police department's previous presentation, the lowest quartile is clearly aggregated around the Highway 99 community in terms of income. This is where eight of the proposed nine red light traffic cameras are located. She interpreted this as direction from the state to ensure the city is equitably and proportionately redistributing any revenue collected through the red light or school zone cameras to benefit people experiencing the lowest quartile income in the community. In light of that, she offered the following amendments. Mr. Taraday commented at the risk of saving the council time, none of the limitation in subsection (b), however one might interpret them, are required to be specified in the ordinance. Councilmember Nand can proceed with her motion, but it is not a requirement that the ordinance contain any of the limitations. The state law, if it applies, will apply whether or not these items are in the ordinance. Councilmember Nand said she would like to bring the amendment forward for a discussion about equity with the council. In expanding the potential presence of this program throughout the state, the legislature wanted to acknowledge that red light and school zone camera programs, because the communities blighted by the Edmonds City Council Approved Minutes April 23, 2024 Page 13 Packet Pg. 497 8.3.f presence of state highways moving through them in the first place, were disproportionately bearing the burden of having to generate traffic safety camera revenue, but not proportionately receiving reinvestment into traffic safety in the intersections affected by the presence of the cameras. Mayor Rosen declared a five minute recess. Councilmember Nand explained in light of the geographic restriction recommended by the updates to the House Bill which she believed were intended to meet certain equity challenges about the desperate impacts of cameras when placed in working class and multiethnic neighborhoods, she made the following motion: COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER CHEN, TO AMEND THE MOTION TO ADD TO THE ORDINANCE SECTION G, REVENUE RESTRICTIONS. ALL OF THE EXCESS REVENUE GENERATED BY THE ADDITION OF AUTOMATED TRAFFIC SAFETY CAMERAS IN THE CITY OF EDMONDS SHALL BE RESTRICTED WITHIN THE GENERAL FUND AND MAY ONLY BE USED FOR THE PURPOSES OF TRAFFIC SAFETY IMPROVEMENTS AND TO FUND PUBLIC AMENITIES WITHIN 0.5 GEOGRAPHIC MILE OF THE LOCATION OF EACH OPERATIONAL TRAFFIC CAMERA. THE REVENUES IS TO BE DIVIDED PROPORTIONATELY AMONG THE LOCATIONS OF ALL OPERATIONAL CAMERAS IN EACH BUDGETARY CYCLE UNTIL THE REVENUE IS EXHAUSTED. Councilmember Nand clarified this would require the Edmonds Municipal Court to code all the revenue generated by the automated traffic cameras, both school zone and red light cameras, and for the Edmonds Finance Department to apply a project number to traffic safety camera revenue, divide the total amount of revenue generated by the number of operational cameras and earmark each of these funds for use in the neighborhoods affected by the presence of the cameras. For example, the revenue generated by the five operational school zone cameras would become restricted and would have to be divided in each budgetary cycle to fund traffic safety improvement and public amenities in each affected neighborhood. The Edmonds Public Works Department could only apply the restricted funds toward projects that improve traffic safety in the neighborhoods surrounding these intersections. Additionally these funds could be used to help fund publicly owned facilities in the neighborhood and the Edmonds Park Department could access these funds to finance open space acquisition and right-of-way improvements such as landscaping in those neighborhoods. If the red light cameras have to be pursued to enhance revenue in the City, she wanted to make sure the neighborhoods burdened by the cameras at the most dangerous intersections in the City receive dedicated funding to improve the traffic safety experience of residents, workers and visitors until such time the cameras are no longer necessary and the intersections will no longer be the most dangerous in the City. Councilmember Paine commented it would be very difficult to disaggregate all the information from all the infractions because all infraction revenue, whether a citation issued by an officer or a parking ticket, are all treated similarly and it is almost impossible to disaggregate it. She was not able to fully support the amendment, primarily because it is too administratively burdensome. The part she liked was the geographic locations around the traffic safety cameras and the school safety cameras; that is appropriate because it is allowed by HB 2384 for Complete Streets and active transportation and to recover the administrative cost related to the infractions. Instead of saying all excess revenue, she preferred 75% of the revenue which would be generous and would not strictly go to those programs and could also cover some of the City's overhead costs. She did not support the amendment as proposed. Councilmember Nand thanked Councilmember Paine for her conditional support for the concept. Under the new requirements in HB 2384, the administration, courts and finance will be required to go through a disaggregation process for the traffic camera revenue anyway. She would defer to the administration and would be happy to table the amendment until the administration could provide a presentation related to the new requirements under HB 2384 in terms of disaggregation so the council can understand its obligations. Edmonds City Council Approved Minutes April 23, 2024 Page 14 Packet Pg. 498 8.3.f She reminded the council the state is responding to intense criticism from the perception that money is being generated in multiethnic and lower income neighborhoods and not being reinvested into those communities which is why Representative Donaghy included these geographic restrictions and these restrictions on revenue in expanding the scope of where cameras can be placed. As she stated in the letter she distributed to council, she had no problem voting for school zone cameras because there was a strong drive from the community and a lot of community members felt drivers in school zones were reckless and unsafe during those times. She hasn't been able to locate a single positive comment from anyone in any of the neighborhoods targeted for red light cameras in which they are requesting cameras to address red light runners. This could be a way to copy the model the state is adopting in reforming traffic camera programs to ensure the funding mechanism used to bolster the City's General Fund is being equitably restricted and reinvested in the communities that have to bear the burden of the presence of these cameras. Councilmember Dotsch asked with the new state law, would the City have to set up a new fund for the monies to go into instead of the General Fund. Mr. Taraday answered it depends on whether the City is implicated by the January 1, 2024 date or not, that is the first step of the analysis. Assuming for the sake of discussion that the City is and that the state will treat the City as instituting a program after that date, as long as there is a way to account for the money that comes from the cameras and the ways it's being used and as long as the City can demonstrate the funds are being used in the way that state law requires, he did not think a new fund would be required. He relayed Ms. Dunscombe agreed with him. He summarized a new fund would not be required, but there would need to be an accounting for the money as it is received and expended. Councilmember Dotsch asked due to the difficulty interpreting this bill at this time, would it be wise to wait to implement a program until more is known. Mr. Taraday answered he did not know when that would be. Legislatures draft ambiguous law all the time; that's what keeps him employed. If not for legislatures drafting ambiguous laws, lawyers wouldn't be necessary. Such laws can remain on the books for a long time and the legislature often lets courts correct their mistakes. Councilmember Dotsch asked the impact of being out of compliance. Mr. Taraday answered assuming the council went with the most reasonable in accordance with the best effort interpretation of the law and somebody later concluded the City was not in compliance, although he was unsure who that would be, he did not know what the remedy would be. He would need to research the remedy for being out of compliance. Councilmember Dotsch commented the new legislation kind of muddied the waters. She also concurred with Councilmember Nand that there has not been an outcry from the public for enforcement of red light runners. In reviewing the data, there were no injuries in any of the five accidents at the three intersections that were discussed. She was still trying to understand if those were the highest volume intersections or the riskiest intersections. Councilmember Eck raised a point of order, questioning whether the comments were germane to this agenda item. Mayor Rosen ruled point taken. Councilmember Dotsch concluded she felt the council did not have enough understanding about how funds from any red light cameras program would be distributed. Council President Olson said she understood the appeal of this idea, everyone cares about the equity and appearance of fairness the amendment would help solidify, but at the same time she had concerns; one is at this time staff is spread so thin and doing all this historical reconstruction along with day-to-day operations, it was a mistake to volunteer for more administrative work. Councilmembers need to be responsible and ensure the equity lens is used and could address this during the budget. She did not mind being on record saying 84t' is one of her top priorities for speed abatement. She preferred to address this in a way that did not require a lot of additional staff time. She cautioned councilmembers on the concept of going down the Edmonds City Council Approved Minutes April 23, 2024 Page 15 Packet Pg. 499 8.3.f rabbit hole of trying to directly connect revenues and expenses. The City is currently just trying to keep the lights on and pay for the most basic services and it is to everyone's benefit that that happens. She concluded the amendment was not well timed and cautioned against volunteering for more administration. If the bill applies, it takes care of that without adding so much laborious separation and division, especially adding the 75% even though she liked that idea because it allowed for overhead, it is just another layer of work and math to get to the right numbers. Councilmember Paine relayed councilmembers have had about a dozen neighborhoods across Edmonds complain about speed and traffic safety; from the county line to the north end of Edmonds 76t' is a hazardous road and there have been people injured in unregulated intersections. There may not have been complaints specifically related to red light cameras, but a dozen neighborhoods have complained about traffic safety and drivers not paying attention. Councilmember Eck relayed her understanding the recommendation is just to ensure the language is consistent with state law which the City will have to follow regardless. It seemed to her a little more straightforward if that is addressed tonight and then table the revenue piece and working out the long term plan should the council move forward with red light cameras. She agreed with Councilmember Nand that there are obvious areas of the City that have been historically underserved. With the revenue that is potentially gained, it is completely appropriate and she supported having that full conversation. It was not a conversation she wanted to have tonight without more opportunity for further discussion. In her mind, the council was tangling steps and tasks that need to be done and she preferred to keep it tidier and have the in- depth conversation that Councilmember Nand recommends. The council should absolutely have that conversation, but she was unsure it was an appropriate topic for tonight. Councilmember Chen applauded the concept of using the revenue generated by the red light cameras to improve traffic safety in the affected area. His concern was the difficulty with implementing it. He suggested tabling this discussion to allow staff time to develop a workable solution. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER NAND, TO TABLE THE AMENDMENT. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS ECK, CHEN, DOTSCH, PAINE AND NAND VOTING YES; COUNCILMEMBER TIBBOTT AND COUNCIL PRESIDENT OLSON VOTING NO. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER DOTSCH, TO TABLE AGENDA ITEM 10.2 UNTIL WE CAN GET FURTHER INFORMATION FROM THE ADMINISTRATION REGARDING OUR OBLIGATIONS TO DISAGGREGATE TRAFFIC CAMERA REVENUE UNDER HB 2384. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS CHEN, TIBBOTT, DOTSCH, AND NAND VOTING YES; COUNCILMEMBERS ECK AND PAINE AND COUNCIL PRESIDENT OLSON VOTING NO. 3. AUTHORIZING USE OF TRAFFIC SAFETY CAMERAS AT SPECIFIC SIGNALIZED INTERSECTIONS AND AUTHORIZING THE MAYOR TO SIGN CONTRACT Councilmember Nand commented in light of council tabling the ordinance, she did not want to direct the mayor to sign a contract that is not yet legal in the City and offered the following motion: COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO TABLE ITEM 10.3 UNTIL SUCH TIME AS 10.2 IS BROUGHT BACK WITH INFORMATION AS REQUESTED BY THE COUNCIL FROM THE ADMINISTRATION. MOTION CARRIED UNANIMOUSLY. 4. ELECTED OFFICIAL TRAINING Edmonds City Council Approved Minutes April 23, 2024 Page 16 Packet Pg. 500 8.3.g CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE HOUSE BILL 2384 Chapter 307, Laws of 2024 68th Legislature 2024 Regular Session AUTOMATED TRAFFIC SAFETY CAMERAS EFFECTIVE DATE: June 6, 2024 Passed by the House March 5, 2024 Yeas 55 Nays 38 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate February 29, 2024 Yeas 26 Nays 23 DENNY HECK President of the Senate Approved March 26, 2024 2:08 PM JAY INSLEE Governor of the State of Washington CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 2384 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk FILED March 27, 2024 Secretary of State State of Washington J N C6 4 00 Cl) N w C d E t �a r Q Packet Pg. 501 8.3.g ENGROSSED SUBSTITUTE HOUSE BILL 2384 AS AMENDED BY THE SENATE Passed Legislature - 2024 Regular Session State of Washington 68th Legislature 2024 Regular Session By House Transportation (originally sponsored by Representatives Donaghy, Fitzgibbon, Walen, and Pollet) READ FIRST TIME 02/05/24. 1 AN ACT Relating to automated traffic safety cameras; amending RCW 2 46.16A.120, 46.63.030, 46.63.180, 46.63.075, and 46.68.480; adding 3 new sections to chapter 46.63 RCW; and repealing RCW 46.63.170. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NEW SECTION. Sec. 1. A new section is added to chapter 46.63 RCW to read as follows: The definitions in this section apply throughout this section and sections 2 through 6 of this act unless the context clearly requires otherwise. (1) "Automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the front or rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing control signal, or exceeds a speed limit as detected by a speed measuring device. "Automated traffic safety camera" also includes a device used to detect stopping at intersection or crosswalk violations; stopping when traffic obstructed violations; public transportation only lane J N v co M N aD E s ca Q P. 1 ESH packet Pg. 502 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 8.3.g violations; stopping or traveling in restricted lane violations; and public transportation bus stop zone violations detected by a public transportation vehicle -mounted system. (2) "Hospital speed zone" means the marked area within hospital property and extending 300 feet from the border of the hospital property (a) consistent with hospital use; and (b) where signs are posted to indicate the location is within a hospital speed zone, where "hospital" has the same meaning as in RCW 70.41.020. N �a (3) "Public park speed zone" means the marked area within public park property and extending 300 feet from the border of the public v park property (a) consistent with active park use; and (b) where o .2 signs are posted to indicate the location is within a public park T speed zone. (4) "Public transportation vehicle" means any motor vehicle, streetcar, train, trolley vehicle, ferry boat, or any other device, vessel, or vehicle that is owned or operated by a transit authority or an entity providing service on behalf of a transit authority that is used for the purpose of carrying passengers and that operates on established routes. "Transit authority" has the same meaning as provided in RCW 9.91.025. (5) "Roadway work zone" means an area of any city roadway, including state highways that are also classified as city streets under chapter 47.24 RCW, or county road as defined in RCW 46.04.150, with construction, maintenance, or utility work with a duration of 30 calendar days or more. A roadway work zone is identified by the placement of temporary traffic control devices that may include signs, channelizing devices, barriers, pavement markings, and/or work vehicles with warning lights. A roadway work zone extends from the first warning sign or high intensity rotating, flashing, oscillating, or strobe lights on a vehicle to the end road work sign or the last temporary traffic control device or vehicle. (6) "School speed zone" has the same meaning as described in RCW 46.61.440 (1) and (2). (7) "School walk zone" means a roadway identified under RCW 28A.160.160 or roadways within a one -mile radius of a school that students use to travel to school by foot, bicycle, or other means of active transportation. 38 NEW SECTION. Sec. 2. A new section is added to chapter 46.63 39 RCW to read as follows: J N C6 v CO M N aD s ca Q p. 2 ESH packet Pg. 503 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 8.3.g (1) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46. 63. 030 (1) (a) , (b) , or (c) . (2) Any city or county may authorize the use of automated traffic safety cameras and must adopt an ordinance authorizing such use through its local legislative authority. (3) The local legislative authority must prepare an analysis of the locations within the jurisdiction where automated traffic safety �a a, E cameras are proposed to be located before adding traffic safety v cameras to a new location or relocating any existing camera to a new o location within the jurisdiction. The analysis must include equity .2 L considerations including the impact of the camera placement on w; livability, accessibility, economics, education, and environmental health when identifying where to locate an automated traffic safety a� Q 0 camera. The analysis must also show a demonstrated need for traffic CO cameras based on one or more of the following in the vicinity of the M proposed camera location: Travel by vulnerable road users, evidence c of vehicles speeding, rates of collision, reports showing near 0 collisions, and anticipated or actual ineffectiveness or C6 infeasibility of other mitigation measures. v w (4) Automated traffic safety cameras may not be used on an on-_ ramp to a limited access facility as defined in RCW 47.52.010. c (5) A city may use automated traffic safety cameras to enforce Q E traffic ordinances in this section on state highways that are also Q classified as city streets under chapter 47.24 RCW. A city government c must notify the department of transportation when it installs an automated traffic safety camera to enforce traffic ordinances as -J authorized in this subsection. v� (6)(a) At a minimum, a local ordinance adopted pursuant to this 4 CO N section must contain the restrictions described in this section and r aD provisions for public notice and signage. Cities and counties must E also post s such restrictions and other automated traffic safety camera policies on the city's or county's website. Cities and counties using Q automated traffic safety cameras before July 24, 2005, are subject to the restrictions described in this section, but are not required to adopt an authorizing ordinance. (b)(i) Cities and counties using automated traffic safety cameras must post an annual report on the city's or county's website of the number of traffic crashes that occurred at each location where an p. 3 ESH packet Pg. 504 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 8.3.g automated traffic safety camera is located, as well as the number of notices of infraction issued for each camera. Beginning January 1, 2026, the annual report must include the percentage of revenues received from fines issued from automated traffic safety camera infractions that were used to pay for the costs of the automated traffic safety camera program and must describe the uses of revenues that exceeded the costs of operation and administration of the automated traffic safety camera program by the city or county. N (ii) The Washington traffic safety commission must provide an �a E annual report to the transportation committees of the legislature, v and post the report to its website for public access, beginning July o 1, 2026, that includes aggregated information on the use of automated .2 4) L traffic safety cameras in the state that includes an assessment of w; the impact of their use, information required in city and county aM annual reports under (b)(i) of this subsection, and information on 'Q the number of automated traffic safety cameras in use by type and 0 CO location, with an analysis of camera placement in the context of area M demographics and household incomes. To the extent practicable, the c commission must also provide in its annual report the number of 0 traffic accidents, speeding violations, single vehicle accidents, 7 pedestrian accidents, and driving under the influence violations that v w occurred at each location where an automated traffic safety camera is c located in the five years before each camera's authorization and Or, after each camera's authorization. Cities and counties using Q E automated traffic safety cameras must provide the commission with the Q data it requests for the report required under this subsection in a c form and manner specified by the commission. p (7) All locations where an automated traffic safety camera is U) used on roadways or intersections must be clearly marked by placing C6 signs at least 30 days prior to activation of the camera in locations 4 CO N that clearly indicate to a driver either that: (a) The driver is aD within an area where automated traffic safety cameras are authorized; E or (b) the driver is entering an area where violations are enforced s by an automated traffic safety camera. The signs must be readily Q visible to a driver approaching an automated traffic safety camera. Signs placed in automated traffic safety camera locations after June 7, 2012, must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW. All public transportation vehicles utilizing a vehicle -mounted system p. 4 ESH packet Pg. 505 8.3.g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 must post a sign on the rear of the vehicle indicating to drivers that the vehicle is equipped with an automated traffic safety camera to enforce bus stop zone violations. (8) Automated traffic safety cameras may only record images of the vehicle and vehicle license plate and only while an infraction is occurring. The image must not reveal the face of the driver or of passengers in the vehicle. The primary purpose of camera placement is to record images of the vehicle and vehicle license plate when an infraction is occurring. Cities and counties must consider installing automated traffic safety cameras in a manner that minimizes the impact of camera flash on drivers. (9) A notice of infraction must be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter's name and address under subsection (17) of this section. The notice of infraction must include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. (10) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(d) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (17) of this section. If appropriate under the circumstances, a renter identified under subsection (17)(a) of this section is responsible for an infraction. (11) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images, or any other personally identifying data prepared under this section are for the exclusive use of authorized city or county employees, as specified in RCW 46.63.030(1)(d), in the discharge of duties under this section and are not open to the public and may not be used in a court in a p. 5 ESH packet Pg. 506 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 8.3.g pending action or proceeding unless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image, or any other personally identifying data may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section. Transit authorities must provide to the appropriate local jurisdiction that has authorized traffic safety camera use under section 6(2) of this act any images or evidence collected N establishing that a violation of stopping, standing, or parking in a �a a, E bus stop zone has occurred for infraction processing purposes v consistent with this section. o (12) If a county or city has established an automated traffic r L safety camera program as authorized under this section, the w; compensation paid to the manufacturer or vendor of the equipment used a� must be based only upon the value of the equipment and services Q provided or rendered in support of the system and may not be based 0 CO upon a portion of the fine or civil penalty imposed or the revenue M generated by the equipment. If the contract between the city or 0 county and manufacturer or vendor of the equipment does not provide 0 for performance or quality control measures regarding camera images, C6 the city or county must perform a performance audit of the v w manufacturer or vendor of the equipment every three years to review c and ensure that images produced from automated traffic safety cameras c are sufficient for evidentiary purposes as described in subsection Q E (9) of this section. (13)(a) Except as provided in (d) of this subsection, a county or a city may only use revenue generated by an automated traffic safety =c O camera program as authorized under this section for: -J (i) Traffic safety activities related to construction and v� preservation projects and maintenance and operations purposes v M N including, but not limited to, projects designed to implement the c a) complete streets approach as defined in RCW 47.04.010, changes in E physical infrastructure to reduce speeds through road design, and s changes to improve safety for active transportation users, including Q improvements to access and safety for road users with mobility, sight, or other disabilities; and (ii) The cost to administer, install, operate, and maintain the automated traffic safety cameras, including the cost of processing infractions. (b) Except as provided in (d) of this subsection: p. 6 ESH packet Pg. 507 8.3.g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 (i) The automated traffic safety camera program revenue used by a county or city with a population of 10,000 or more for purposes described in (a)(i) of this subsection must include the use of revenue in census tracts of the city or county that have household incomes in the lowest quartile determined by the most currently available census data and areas that experience rates of injury crashes that are above average for the city or county. Funding contributed from traffic safety program revenue must be, at a �a minimum, proportionate to the share of the population of the county a, E or city who are residents of these low-income communities and c? communities experiencing high injury crash rates. This share must be directed to investments that provide direct and meaningful traffic safety benefits to these communities. Revenue used to administer, install, operate, and maintain automated traffic safety cameras, including the cost of processing infractions, are excluded from determination of the proportionate share of revenues under this subsection (13)(b); and (ii) The automated traffic safety camera program revenue used by a city or county with a population under 10,000 for traffic safety activities under (a)(i) of this subsection must be informed by the department of health's environmental health disparities map. (c) Except as provided in (d) of this subsection, beginning four years after an automated traffic safety camera authorized under this section is initially placed and in use after the effective date of this section, 25 percent of the noninterest money received for infractions issued by such cameras in excess of the cost to administer, install, operate, and maintain the cameras, including the cost of processing infractions, must be deposited into the Cooper Jones active transportation safety account created in RCW 46.68.480. (d)(i)(A) Jurisdictions with an automated traffic safety camera program in effect before January 1, 2024, may continue to allocate revenue generated from automated traffic safety cameras authorized under sections 3 and 5(2)(c) of this act as determined by the jurisdiction, as well as for the purposes established in (a) through (c) of this subsection, by: (I) Up to a 10 percent increase in the number of traffic safety camera locations authorized to detect violations for automated traffic safety cameras authorized under section 3 of this act; and J N v CO M N aD s ca Q p. 7 ESH packet Pg. 508 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 8.3.g (II) Up to a 10 percent increase in the number of traffic safety camera locations authorized to detect violations for automated traffic safety cameras authorized under section 5(2)(c) of this act. (B)(I) Any automated traffic safety camera program in effect before January 1, 2024, with fewer than 10 traffic safety camera locations for automated traffic safety cameras authorized under section 3 of this act, which adds automated traffic safety cameras to one additional location for the use of cameras authorized under section 3 of this act, may continue to allocate revenue generated �a a, E from automated traffic safety cameras authorized under section 3 of v this act as determined by the jurisdiction, as well as for the o purposes established in (a) through (c) of this subsection. .2 L (II) Any automated traffic safety camera program in effect before w; January 1, 2024, with fewer than 10 traffic safety camera locations a� for automated traffic safety cameras authorized under section 5(2)(c) Q of this act as of January 1, 2024, which adds automated traffic 0 CO safety cameras to one additional location for the use of cameras M authorized under section 5(2)(c) of this act, may continue to 0 allocate revenue generated from automated traffic safety cameras 0 authorized under section 5(2)(c) of this act as determined by the 7 jurisdiction, as well as for the purposes established in (a) through v w (c) of this subsection. _ (C) For the purposes of this subsection (13)(d)(i), a location c is. (I) An intersection for automated traffic safety cameras authorized under section 3 of this act where cameras authorized under section 3 of this act are in use; and (II) A school speed zone for automated traffic safety cameras authorized under section 5(2)(c) of this act where cameras authorized under section 5(2)(c) of this act are in use. (ii) The revenue distribution requirements under (a) through (d)(i) of this subsection do not apply to automated traffic safety camera programs in effect before January 1, 2024, for which an ordinance in effect as of January 1, 2024, directs the manner in which revenue generated from automated traffic safety cameras authorized under section 3 or 5(2)(c) of this act must be used. (14) A county or city may adopt the use of an online ability -to - pay calculator to process and grant requests for reduced fines or reduced civil penalties for automated traffic safety camera violations. J N C6 v CO M N aD s ca Q p. 8 ESH packet Pg. 509 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 8.3.g (15) Except as provided in this subsection, registered owners of vehicles who receive notices of infraction for automated traffic safety camera -enforced infractions and are recipients of public assistance under Title 74 RCW or participants in the Washington women, infants, and children program, and who request reduced penalties for infractions detected through the use of automated traffic safety camera violations, must be granted reduced penalty amounts of 50 percent of what would otherwise be assessed for a first N �a automated traffic safety camera violation and for subsequent a, E automated traffic safety camera violations issued within 21 days of v issuance of the first automated traffic safety camera violation. o Eligibility for medicaid under RCW 74.09.510 is not a qualifying .2 L criterion under this subsection. Registered owners of vehicles who w; receive notices of infraction must be provided with information on their eligibility and the opportunity to apply for a reduction in a� 'Q 0 penalty amounts through the mail or internet. CO (16) Infractions detected through the use of automated traffic M safety cameras are not part of the registered owner's driving record c under RCW 46.52.101 and 46.52.120. Additionally, infractions 0 generated by the use of automated traffic safety cameras under this 7 section must be processed in the same manner as parking infractions, v w including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, c and 46.20.270(2). The amount of the fine issued for an infraction c generated through the use of an automated traffic safety camera may Q E not exceed $145, as adjusted for inflation by the office of financial Q management every five years, beginning January 1, 2029, based upon c changes in the consumer price index during that time period, but may a o be doubled for a school speed zone infraction generated through the _J q use of an automated traffic safety camera. v) (17) If the registered owner of the vehicle is a rental car 4 CO N business, the issuing agency must, before a notice of infraction c being issued under this section, provide a written notice to the aD E rental car business that a notice of infraction may be issued to the s rental car business if the rental car business does not, within 18 Q days of receiving the written notice, provide to the issuing agency by return mail: (a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or P. 9 ESH packet Pg. 510 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 8.3.g (b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or (c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this �a statement to the issuing agency relieves a rental car business of any E liability under this chapter for the notice of infraction. NEW SECTION. Sec. 3. A new section is added to chapter 46.63 RCW to read as follows: (1) Automated traffic safety cameras may be used to detect stoplight violations, subject to section 2 of this act. (2) Automated traffic safety cameras used to detect stoplight violations are restricted to intersections of two or more arterials with traffic control signals that have yellow change interval durations in accordance with RCW 47.36.022, which interval durations may not be reduced after placement of the camera. NEW SECTION. Sec. 4. A new section is added to chapter 46.63 RCW to read as follows: (1) Automated traffic safety cameras may be used to detect railroad grade crossing violations, subject to section 2 of this act. (2) Automated traffic safety cameras at railroad grade crossings may be used only to detect instances when a vehicle fails to stop when facing an activated railroad grade crossing control signal. NEW SECTION. Sec. 5. A new section is added to chapter 46.63 RCW to read as follows: (1) Automated traffic safety cameras may be used to detect violations, subject to section 2 of this act. (2) Automated traffic safety cameras may be used to detect violations within the following locations: (a) Hospital speed zones; (b) Public park speed zones; (c) School speed zones; (d) School walk zones; speed speed J N C6 4 CO M N aD s ca Q P. 10 ESH packet Pg. 511 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 8.3.g (e) Roadway work zones, except that a notice of infraction may only be issued if an automated traffic safety camera captures a speed violation when workers are present; and (f) State highways within city limits that are classified as city streets under chapter 47.24 RCW. (3) In addition to the automated traffic safety cameras that may be authorized for specified zones or roads in subsection (2) of this section, the local legislative authority may authorize the use of one �a additional automated traffic safety camera per 10,000 population to a, E detect speed violations in locations deemed by the local legislative v authority to experience higher crash risks due to excessive vehicle o speeds. For automated traffic safety cameras authorized to detect .2 L speed violations as part of a pilot program prior to the effective w; date of this section, the location must be deemed by a local a� legislative authority to have experienced higher crash risks due to 'Q excessive vehicle speeds prior to installation of the automated 0 CO traffic safety camera. d M 3 (4) Notices of infraction for automated traffic safety camera- c detected speed violations may not be issued to the registered vehicle 0 owner of: CO (a) A marked fire engine equipped with emergency lights and v w siren; or = (b) An ambulance licensed by the department of health and c equipped with emergency lights and siren. Q E NEW SECTION. Sec. 6. A new section is added to chapter 46.63 RCW to read as follows: (1)(a) Subject to section 2 of this act and as limited in this subsection, automated traffic safety cameras may be used in cities with populations of more than 500,000 residents to detect one or more of the following violations: (i) Stopping when traffic obstructed violations; (ii) Stopping at intersection or crosswalk violations; (iii) Public transportation only lane violations; or (iv) Stopping or traveling in restricted lane violations. (b) Use of automated traffic safety cameras as authorized in this subsection (1) is restricted to the following locations only: Intersections as described in section 3(2) of this act; railroad grade crossings; school speed zones; school walk zones; public park speed zones; hospital speed zones; and midblock on arterials. The use J N C6 v CO M N aD s ca Q ESH packet Pg. 512 8.3.g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 of such automated traffic safety cameras is further limited to the following: (i) The portion of state and local roadways in downtown areas of the city used for office and commercial activities, as well as retail shopping and support services, and that may include mixed residential uses; (ii) The portion of state and local roadways in areas in the city within one-half mile north of the boundary of the area described in (b)(i) of this subsection; (iii) Portions of roadway systems in the city that travel into and out of (b)(ii) of this subsection that are designated by the Washington state department of transportation as noninterstate freeways for up to four miles; and (iv) Portions of roadway systems in the city connected to the portions of the noninterstate freeways identified in (b)(iii) of this subsection that are designated by the Washington state department of transportation as arterial roadways for up to one mile from the intersection of the arterial roadway and the noninterstate freeway. (2) Subject to section 2 of this act, automated traffic safety cameras may also be used in cities with a bus rapid transit corridor or routes to detect public transportation only lane violations. (3) Subject to section 2 of this act, automated traffic safety cameras that are part of a public transportation vehicle -mounted system may be used by a transit authority within a county with a population of more than 1,500,000 residents to detect stopping, standing, or parking in bus stop zone violations if authorized by the local legislative authority with jurisdiction over the transit authority. (4) Subject to section 2 of this act, and in consultation with the department of transportation, automated traffic safety cameras may be used to detect ferry queue violations under RCW 46.61.735. (5) A transit authority may not take disciplinary action regarding a warning or infraction issued pursuant to subsections (1) through (3) of this section against an employee who was operating a public transportation vehicle at the time the violation that was the basis of the warning or infraction was detected. Sec. 7. RCW 46.16A.120 and 2012 c 83 s 5 are each amended to read as follows: J N C6 v CO M N aD s ca w Q p. 12 ESH packet Pg. 513 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 8.3.g (1) Each court and government agency located in this state having jurisdiction over standing, stopping, and parking violations, the use of a photo toll system under RCW 46.63.160, the use of automated traffic safety cameras under ((DGW 46.63.1�9)) sections 2 through 6 of this act, and the use of automated school bus safety cameras under RCW 46.63.180 may forward to the department any outstanding: (a) Standing, stopping, and parking violations; (b) Civil penalties for toll nonpayment detected through the use N �a of photo toll systems issued under RCW 46.63.160; a, E (c) Automated traffic safety camera infractions issued under RCW v 46.63.030(1)(d); and o (d) Automated school bus safety camera infractions issued under r y RCW 46. 63.030 (1) (e) . L w; (2) Violations, civil penalties, and infractions described in a� subsection (1) of this section must be reported to the department in 'Q the manner described in RCW 46.20.270(3). ° y (3) The department shall: M (a) Record the violations, civil penalties, and infractions on c the matching vehicle records; and ° 0 (b) Send notice approximately (( )) 120 days inco advance of the current vehicle registration expiration date to the v w registered owner listing the dates and jurisdictions in which the = violations, civil penalties, and infractions occurred, the amounts of unpaid fines and penalties, and the surcharge to be collected. Only Q E those violations, civil penalties, and infractions received by the Q department ((ene hianelreel twen)) 120 days or more before the current c vehicle registration expiration date will be included in the notice. Violations, civil penalties, and infractions received by the -J q department later than (( )) 120 days before the v) current vehicle registration expiration date that are not satisfied 4 M N will be delayed until the next vehicle registration expiration date. aD (4) The department, county auditor or other agent, or subagent E appointed by the director shall not renew a vehicle registration if s there are any outstanding standing, stopping, and parking violations, Q and other civil penalties issued under RCW 46.63.160 for the vehicle unless: (a) The outstanding standing, stopping, or parking violations and civil penalties were received by the department within ((e e hung may)) 120 days before the current vehicle registration expiration; (b) There is a change in registered ownership; or p. 13 ESH Packet Pg. 514 8.3.g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (c) The registered owner presents proof of payment of each violation, civil penalty, and infraction provided in this section and the registered owner pays the surcharge required under RCW 46.17.030. (5) The department shall: (a) Forward a change in registered ownership information to the court or government agency who reported the outstanding violations, civil penalties, or infractions; and (b) Remove the outstanding violations, civil penalties, and infractions from the vehicle record. Sec. 8. RCW 46.63.030 and 2023 c 17 s 1 are each amended to read o as follows: r (1) A law enforcement officer has the authority to issue a notice L w; of traffic infraction: as (a) When the infraction is committed in the officer's presence, Q except as provided in RCW 46.09.485; 0 y (b) When the officer is acting upon the request of a law M enforcement officer in whose presence the traffic infraction was c committed; 0 0 (c) If an officer investigating at the scene of a motor vehicleCO accident has reasonable cause to believe that the driver of a motor v w vehicle involved in the accident has committed a traffic infraction; _ (d) When the infraction is detected through the use of an automated traffic safety camera under ((DGW sections 2 a� E through 6 of this act. A trained and authorized civilian employee of Q a general authority Washington law enforcement agency, as defined in RCW 10.93.020, or an employee of a local public works or transportation department performing under the supervision of a U) qualified traffic engineer and as designated by a city or county, has C6 the authority to review infractions detected through the use of an 4 CO N automated traffic safety camera under sections 2 through 6 of this aD act and to issue notices of infraction consistent with section 2(9) E of this act. These employees must be sufficiently trained and s OM certified in reviewing infractions and issuing notices of infraction Q by aualified peace officers or by traffic enaineers employed in the jurisdiction's public works or transportation department. Nothing in this subsection impairs decision and effects collective bargaining rights under chapter 41.56 RCW; (e) When the infraction is detected through the use of an automated school bus safety camera under RCW 46.63.180. A trained and p. 14 ESH packet Pg. 515 8.3.g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 authorized civilian employee of a aeneral authority Washinaton law enforcement agency, as defined in RCW 10.93.020, or an employee of a local public works or transportation department performing under the supervision of a qualified traffic engineer and as designated by a city or county, has the authority to review infractions detected through the use of an automated school bus safety camera under RCW 46.63.180 and to issue notices of infraction consistent with RCW 46.63.180(1)(b). These employees must be sufficiently trained and N �a certified in reviewing infractions and issuing notices of infraction a, - - E by qualified peace officers or by traffic engineers employed in the t� jurisdiction's public works or transportation department. Nothing in o .2 this subsection impairs decision and effects collective bargaining 4) L rights under chapter 41.56 RCW; or w; (f) When the infraction is detected through the use of a speed a� safety camera system under RCW 46.63.200. 'Q (2) A court may issue a notice of traffic infraction upon receipt 0 CO of a written statement of the officer that there is reasonable cause M to believe that an infraction was committed. c (3) If any motor vehicle without a driver is found parked, 0 standing, or stopped in violation of this title or an equivalent 7 administrative regulation or local law, ordinance, regulation, or v w resolution, the officer finding the vehicle shall take its = registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously Q E affix to the vehicle a notice of traffic infraction. Q 0 (4) In the case of failure to redeem an abandoned vehicle under RCW 46.55.120, upon receiving a complaint by a registered tow truck =c operator that has incurred costs in removing, storing, and disposing U) of an abandoned vehicle, an officer of the law enforcement agency C6 responsible for directing the removal of the vehicle shall send a 4 CO N notice of infraction by certified mail to the last known address of c aD the person responsible under RCW 46.55.105. The notice must be E entitled "Littering —Abandoned Vehicle" and give notice of the s monetary penalty. The officer shall append to the notice of Q infraction, on a form prescribed by the department of licensing, a notice indicating the amount of costs incurred as a result of removing, storing, and disposing of the abandoned vehicle, less any amount realized at auction, and a statement that monetary penalties for the infraction will not be considered as having been paid until the monetary penalty payable under this chapter has been paid and the p. 15 ESH packet Pg. 516 8.3.g 1 court is satisfied that the person has made restitution in the amount 2 of the deficiency remaining after disposal of the vehicle. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Sec. 9. RCW 46.63.180 and 2013 c 306 s 716 are each amended to read as follows: (1) School districts may install and operate automated school bus safety cameras on school buses to be used for the detection of violations of RCW 46.61.370(1) if the use of the cameras is approved by a vote of the school district board of directors. School districts are not required to take school buses out of service if the buses are not equipped with automated school bus safety cameras or functional automated safety cameras. Further, school districts shall be held harmless from and not liable for any criminal or civil liability arising under the provisions of this section. (a) Automated school bus safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle. (b) A notice of infraction must be mailed to the registered owner of the vehicle within ((re=men)) 14 days of the violation, or to the renter of a vehicle within ((men)) 14 days of establishing the renter's name and address under subsection (2)(a)(i) of this section. The ( (1-aw enfereefftent effim_c= issuing the) ) notice of infraction (()) must also include a certificate or facsimile of the notice, based upon inspection of photographs, microphotographs, or electronic images produced by an automated school bus safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated school bus safety camera may respond to the notice by mail. (c) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(e) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (2) of this section. If appropriate under the circumstances, a renter J N v CO M N aD s ca Q p. 16 ESH packet Pg. 517 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 8.3.g identified under subsection (2)(a)(i) of this section is responsible for an infraction. (d) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this section are for the exclusive use of ((1-aw enfe_reem_r})) authorized city or county employees, as specified in RCW 46.63.030(1)(e), in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding �a unless the action or proceeding relates to a violation under this a, E section. No photograph, microphotograph, or electronic image may be v used for any purpose other than enforcement of violations under this o section nor retained longer than necessary to enforce this section. .2 L (e) If a school district installs and operates an automated school bus safety camera under this section, the compensation paid to a� the manufacturer or vendor of the equipment used must be based only Q upon the value of the equipment and services provided or rendered in 0 CO support of the system, and may not be based upon a portion of the M fine or civil penalty imposed or the revenue generated by the c equipment. Further, any repair, replacement, or administrative work 0 costs related to installing or repairing automated school bus safety 7 cameras must be solely paid for by the manufacturer or vendor of the v w cameras. Before entering into a contract with the manufacturer or = vendor of the equipment used under this subsection (1)(e), the school district must follow the competitive bid process as outlined in RCW a� E 28A.335.190(1). Q (f) Any revenue collected from infractions detected through the c use of automated school bus safety cameras, less the administration p and operating costs of the cameras, must be remitted to school -J q districts for school zone safety projects as determined by the school Cl? district using the automated school bus safety cameras. The v CO N administration and operating costs of the cameras includes infraction enforcement and processing costs that are incurred by local law a� E enforcement or local courts. During the 2013-2015 fiscal biennium, s the infraction revenue may also be used for school bus safety Q projects by those school districts eligible to apply for funding from the school zone safety account appropriation in section 201, chapter 306, Laws of 2013. (2)(a) If the registered owner of the vehicle is a rental car business, the ((l-aw enfe t)) issuing agency shall, before a notice of infraction is issued under this section, provide a written p. 17 ESH packet Pg. 518 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 8.3.g notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within ((elg )) 18 days of receiving the written notice, provide to the issuing agency by return mail: (i) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; (ii) A statement under oath that the business is unable to �a determine who was driving or renting the vehicle at the time the a, E infraction occurred because the vehicle was stolen at the time of the v infraction. A statement provided under this subsection (2)(a)(ii) o must be accompanied by a copy of a filed police report regarding the .2 L vehicle theft; or w; (iii) In lieu of identifying the vehicle operator, the rental car a� business may pay the applicable penalty. 'Q (b) Timely mailing of a statement under this subsection to the 0 CO issuing ( (1-aw enfe t) ) agency relieves a rental car business of M any liability under this chapter for the notice of infraction. c (3) For purposes of this section, "automated school bus safety 0 camera" means a device that is affixed to a school bus that is 7 synchronized to automatically record one or more sequenced v w photographs, microphotographs, or electronic images of the rear of a c vehicle at the time the vehicle is detected for an infraction c identified in RCW 46.61.370(1). Q E Sec. 10. RCW 46.63.075 and 2023 c 17 s 2 are each amended to c read as follows: (1) In a traffic infraction case involving an infraction detected q through the use of an automated traffic safety camera under (( vi 46. 63. ) sections 2 through 6 of 11 this act, detected through the CO N use of a speed safety camera system under RCW 46.63.200, or detected through the use of an automated school aD bus safety camera under RCW E 46.63.180, proof that the particular s vehicle described in the notice of traffic infraction was in violation of any such provision of Q sections 2 through 6 of this act or RCW ( (46.s3�&T-) ) 46.63.200 ((—) ) and 46.63.180, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the p. 18 ESH packet Pg. 519 8.3.g 1 person in control of the vehicle at the point where, and for the time 2 during which, the violation occurred. 3 (2) This presumption may be overcome only if the registered owner 4 states, under oath, in a written statement to the court or in 5 testimony before the court that the vehicle involved was, at the 6 time, stolen or in the care, custody, or control of some person other 7 than the registered owner. 8 Sec. 11. RCW 46.68.480 and 2023 c 431 s 8 are each amended to 9 read as follows: 10 The Cooper Jones active transportation safety account is created 11 in the state treasury. All receipts from penalties collected under 12 ((FGW 4663.1 9)) section 2(13)(c) of this act and funds designated 13 by the legislature shall be deposited into the account. Expenditures 14 from the account may be used only to fund grant projects or programs 15 for bicycle, pedestrian, and nonmotorist safety improvement 16 administered by the Washington traffic safety commission. By December 17 1, 2024, and every two years thereafter, the commission shall report 18 to the transportation committees of the legislature regarding the 19 activities funded from the account. The account is subject to 20 allotment procedures under chapter 43.88 RCW. Moneys in the account 21 may be spent only after appropriation. 22 NEW SECTION. Sec. 12. RCW 46.63.170 (Automated traffic safety 23 cameras —Definition) and 2022 c 182 s 424, 2022 c 182 s 423, 2020 c 24 224 s 1, 2015 3rd sp.s. c 44 s 406, 2015 lst sp.s. c 10 s 702, & 2013 25 c 306 s 711 are each repealed. Passed by the House March 5, 2024. Passed by the Senate February 29, 2024. Approved by the Governor March 26, 2024. Filed in Office of Secretary of State March 27, 2024. --- END --- J N C6 v M N C N E s ca Q p. 19 ESH packet Pg. 520 8.4 City Council Agenda Item Meeting Date: 06/25/2024 Authorizing Use of Traffic Safety Cameras at Specific Signalized Intersections and Authorizing the Mayor to Sign Contract Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History February 20, 2024 - At Council President Olson's request, Red Light Camera Presentation to Edmonds City Council by Edmonds Police Department. (updated slides used during February 20, 2024 presentation and minutes attached) This presentation included three options for Council's consideration to approve specific intersection locations. On March 26, 2024, Council passed Resolution 1542, adopting the location analysis for the purpose of informing Council's upcoming decision to consider implementing red light traffic safety cameras at any of the nine intersections under consideration. On April 23, 2024 this agenda item was tabled by Council with no deliberation. On June 25, 2024 Council will consider amending ECC 8.10 to include stoplight intersection cameras. If the ordinance to allow stoplight intersection cameras is passed, Council will then have the decision of which intersection(s) at which to authorize their use (this agenda item). Recommendation 1) The Council President recommends authorizing automated traffic safety cameras at two intersections; 220th and Highway 99, and Highway 104 and 100th (proposed Option 4). A councilmember wanting to add intersection(s) would do so by moving to amend the main motion in that way. Final proposals and selections of intersections is with the Council body. 2) A motion to authorize the Mayor to sign an addendum to the existing contract with Verra Mobility adding automated traffic safety cameras to any locations approved as a result of action 1) above. Narrative Pro and con analysis of camera use at the following signalized intersections relies on Council Resolution 1542 approved on March 26, 2024, data and materials from council packets from March 26, 2024, February 20, 2024 and November 14, 2023, and communication with public safety staff, including that documented in attached email from Assistant Chief Sniffen on April 12, 2024. Packet Pg. 521 8.4 Option 1: Three Intersection Locations: 220th and Highway 99 212th and 76th Hwy 104 and 100th • Pro: Each location is in a distinct / different neighborhood. • Pro: This recommendation includes 3 of the 4 proposed intersections with the highest number of accidents. • Con: Reckless driving is penalized and changed in just three intersections where such behavior is present. Con: Including 212th and 76th may be premature; waiting for and considering a year of data from newer school zone cameras may be prudent before additional measures are considered. Option 2: Nine Intersection Locations: Install Cameras at six Highway 99 intersections and three additional high accident intersections: 224th and Highway 99 220th and Highway 99 238th and Highway 99 216th and Highway 99 228th and Highway 99 212th and Highway 99 220th and 76th 212th and 76th Highway 104 and 1001h • Pro: This option would provide the largest impact of safety improvements provided by stoplight intersection cameras. • Con: Preponderance of high -accident intersections in the HWY 99 subarea, raising equity concerns. • Con: It could be argued that the response isn't right -sized for the problem at some of these intersections. Option 3: Four Intersection Locations Install red-light cameras at the intersections where collision data best supports it (4)* Per Assistant Chief Sniffen, these are: 220th and HWY 99 224th and HWY 99 220th and 76th Ave W 100th Ave and Edmonds Way (SR104) • Pro: Based on safety data only. • Con: Reckless driving is penalized and changed in fewer intersections where such behavior is present. Con: A geographic concentration exists which would warrant consideration with an equity lens. *Assistant Chief Sniffen acknowledges that 212th and 76th (not listed above) is a high crash location as well; he omitted this intersection from his recommendation based on recent traffic re -engineering and Packet Pg. 522 8.4 recent implementation of school zone camera enforcement around this intersection, the possible positive effects of which have not yet been ascertained. Option 4: Two Intersection Locations 220th and HWY 99 100th Ave and Edmonds Way (SR 104) Pro: These two intersections show up on all other recommendation lists. Pro: They are geographically spread out from each other. Pro: More intersections (as continued or increased need may demonstrate) can be added later, where the 5 year contract commitment makes it financially hard to walk away in the short term from any that are not needed or wanted once established Con: Reckless driving is penalized in fewer intersections where such behavior is present. The executed Professional Services agreement with Verra Mobility, detailing redlight safety cameras and fixed site school zone speed safety cameras, is attached. Authorization of the Mayor to sign an addendum to the contract that reflects addition of cameras at any council -approved intersections is sought. Attachments: Presentation - Edmonds Police Redlight Camera Council Meeting 2.15.24 - Updated pages from Edmonds City Council Minutes February 20, 2024 Resolution 1542 April 12, 2024 Sniffen email Verra Signed Contract 2023 Packet Pg. 523 Police Departmei Edmonds Police Depart Red -Light Cameras oz/Zo/Zoz4 N LO N C d d a ent 1)H 11 CT_I Cl 8.4.a Packet Pg. 525 8.4.a • From hiring challenges to Hwy 99 to homelessness, new police chief addresses community questions • Posted: November 22, 2021 • Chief Bennett made it clear that she would like to see traffic cameras at every school crossing; in fact, "I would make all traffic infractions covered by cameras." Traffic issues, she added, are the number -one complaint the city gets. Fair warning. — By Bob Throndsen Packet Pg. 526 r- I► AL J1� mik a �l W-1 I. , l /1 1 10 4H) • nT'1iFTit:17[7IFif' 8.4.a r io a Of Packet Pg. 527 8.4.a Comparable Data • The intersections suggested are the highest volume intersection related accidents in the city. • Lynnwood, Kent, Lake Forest Park, Renton, Sea-Tac, Seattle have these, and many other agencies (Everett, Bothell) are also looking at them. • The city of Lynnwood is a relevant comparable city. LYNNWOOD W A S H I N G T O N 2022 Annual Automated Traffic Safety Camera Report Lynnwood Police Department Per RCW 46.63.170 cities using automated traffic safety cameras must post an annual report of the number of traffic accidents that occurred at each location where an automated traffic safety camera is located, as well as the number of notices of infraction issued for each camera on the City's website. The below data comprises the number of accidents and citations issued at each respective intersection and school zone where traffic safety cameras are deployed. Intersection Number of Citations *Number of Accidents 361h / 196th St S.W. 6,070 3 44'h /Aid. Mall Blvd. 3,514 8 (A) 44'h / 19611- St S.W. 0 - Under Construction. 6 184'h / Aid. Mall Pkwy 4,728 6 196'h / Ald. Mall Pkwy 14,163 2 Maple / Aid. Mall Pkwy 1,900 3 19611 / Hwy 99 2,834 5 441" / 20011 St S.W. 5,063 8 (A) Hwy 99 / 20011 St S.W. 1,164 3 Number of Number of School Zone Citations Accidents a 18200 -18800 BLK 44th Ave West 4,175 1 5500 - 6600 BLK 168th St S.W. 2,660 Number of Accidents reported reflect collisions occurring within the intersection Packet Pg. 528 Lynnwood Red Light Camera Collisions 280 260 240 220 200 so so i40 2D 2022 44 2021 36 2020 29 2019 11 2018 14 2017 20 2016 80 2015 92 2014 83 2013 111 2012 161 0 Packet Pg. 529 8.4.a 11:481 .I LTE CE AA & mynorthwest.com 6 97.3FM K1�RROADIO _ CHOKEPOINTS 'Speeding is getting to be a bigger concern': Auburn's school zone traffic cameras return Mar 22, 2022, 5:38 AM I Updated: 9:39 am (Chris Sullivan, KIRO Newsradio) BY CHRIS SULLIVAN KIRO Newsradio traffic reporter < > U Share P► � l Didn't some cities do away with Red Light Cameras? • Called Kent Police Chief Padilla, 'Heck no, they are very effective for the city, we are actually adding six more. Also funded our body worn camera program' When asked if rear -end collisions increased, he stated that they have actually gone down. • Kenmore is adding two cameras this year. • Auburn: Researching their website yesterday, led me to their links about photo enforcement... Reinstating cameras: March 22nd, 2022, adding 6-12 cameras. • Communicated with Redmond Police Lieutenant Julie Beard and Chief Darrell Lowe, 'We had them in around 2012 for several months, Microsoft lobbied hard (with company attorneys assisting) against them. We've been talking about putting them back: • Communication sent to Chief Ted Boe of Burien PD. Chief Boe said they have 'not had them in at least six years, speculated reason for removal was labor based, lowest staffed city and most calls per service in King County; no new officers in 12 years. No traffic cars or motor officers are assigned to the city. We have 26 cops to handle 21,000 calls per year. Packet Pg. 530 Accidents and Safety 8.4.a Packet Pg. 531 Edmonds Proposed Pilot Red -Light Camera Program: Collision Data Data for accidents in Edmonds intersections was collected from 2020- 2022. An analysis of collision data was conducted, in addition to gathering input from the officers who investigate many of these collisions. Also considered were officer's observations of high pedestrian areas as well as areas of common citizen complaints. Accidents: Three Years of`�.at� �2020-2022) tential Red -Light Camera Intersections 8.4.a A 6 C D E F G H I J K 1` Collision Report Number Collision Date County City Jurisdiction Agency Primary TraljiCWdy Secondary Tra(Acway Block Number Intersection Related Weather Condition 2 EA01404 1/1/202018:23 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 224THSTSW 22400 Y Raining 3 EA17398 2/22/202021,58 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 220TH ST SW 22000 Y Raining 4 EA20495 3/3/202017:36 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 220THSTSW 22000 Y Clear 5 EA21122 3/8/202013:12 Snohomish Edmonds State Road Municipal/City Police HWY 99 23UH ST SW 23700 Y Overcast 6 EA30525 4/17/202014:53 Snohomish Lynnwood State Road State Patrol SR 99 228TH ST SW 22800 Y Clear 7 EA61800 9/6/202023:00 Snohomish Edmonds State Road Municipal/City Police SR 99 244TH ST SW 24400 Y Clear 8 EA63049 9/8/202014:48 Snohomish Edmonds State Road Municipal/City Police HWY 99 224TH ST SW 22400 Y Clear 9 EA68779 10/2/202022.28 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 2381HSTSW 23800 Y Clear 10 EA76826 10/31/202013:22 Snohomish Edmonds State Road Municipal/City Police HWY 99 216TH ST SW 21600 Y Clear 11 EA82349 11/18/20208:SO Snohomish Edmonds State Road Municipal/CityPolice HWY 99 224STSW 22400 Y Raining 12 EA86389 12/3/20209:20 Snohomish Edmonds State Road Municipal/City Police SR99 216TH ST SW 21600 Y Clear 13 EB09806 2/26/202116,34 Snohomish Edmonds State Road Municipal/City Police HWY 99 224THSTSW 22300 N Y 14 EB10820 3/2/202113:48 Snohomish Edmonds State Road Municipal/City Police SR99 216THSTSW 21600 N Y 15 EB13203 3/10/202115:36 Snohomish Edmonds State Road Municipal/City Police SR99 244THSTSW 24400 N Y 16 EB14597 3/17/202113:42 Snohomish Edmonds State Road Municipal/CityPolice HIGHWAY 99 220THSTSW 22D00 N Y 17 E518605 4/1/202116:30 Snohomish Edmonds State Road Municipal/City Police HWY 99 220TH ST SIN 21900 N Y 18 EB33976 5/27/202115:30 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 239TH ST SW 23800 N Y 19 EB63582 9/1/202117:55 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 220TH ST SW 22000 N Y 20 E569371 9/19/202117:25 Snohomish Edmonds State Road Municipal/City Police HWY 99 236TH ST SW 23600 N Y 21 EBBo909 10/17/202121:18Snohomish Edmonds State Road Municipal/CityPolice HWY 99 220STSW 21900 N Y 22 EB81118 10/2412021227 Snohomish Edmonds State Road Municipal/CityPolice HIGHWAY 99 220THSTSIN 21900 N Y 23 EB83111 10/28/202120:54 Snohomish Edmonds State Road Municipal/City Police SR99 229TH ST SW 22800 N Y 24 EB98477 12/2/202119.14 Snohomish Edmonds State Road Municipal/City Police HWY 99 224 ST SW 22400 N Y 25 EC14225 1/22/202215.36 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 224THSTSW 22400 N Y 26 EC16976 2/2/20220.57 Snohomish Edmonds State Road Municipal/City Police SR99 216THSTSW 21600 N Y 27 EC20595 2/14/20226:30 Snohomish Edmonds State Road Municipal/CityPolice HIGHWAY 99 244THSTSW 24400 N Y 28 EC20173 2/14/20221148 Snohomish Edmonds State Road Municipal/City Police HWY 99 224TH ST SW 22400 N Y 29 EC21933 2/20/202222,50 Snohomish Edmonds State Road Municipal/City Police HWY 99 23UHSTSW 23800 N Y 30 EC45462 5/10/202216.40 Snohomish Edmonds State Road Municipal/City Police SR-99 224TH ST SW 22400 N Y 31 EC51868 6/2/2022 21:16 Snohomish Edmonds State Road Municipal/City Police HWY 99 220 ST SW 21900 N Y 32 EC54781 6/10/202213:36 Snohomish Edmonds State Road Municipal/City Police HWY 99 224TH ST SW 22400 N Y 33 EC59118 6/23/202218:30 Snohomish Edmonds State Road Municipal/City Police HWY 99 220TH ST SW 22D00 N Y 34 EC70496 8/3/20226:31 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 212TH ST SW 21200 N Y 35 EC82621 9/10/2022 20.56 Snohomish Edmonds State Road Municipal/City Police HWY 99 22UH ST SW 22800 N Y 36 EC84480 9/15/202218:16 Snohomish Edmonds State Road Municipal/City Police HWY 99 212TH ST SW 21200 N Y 37 EC98425 10/29/202222:11 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 224THSTSW 22400 N Y 38 E010622 12/2/202223:37 Snohomish Edmonds State Road Municipal/City Police HWY 99 224THSTSIN 22400 N Y 39 ED13020 12/10/20226:35 Snohomish Edmonds State Road Municipal/City Police HWY 99 224 ST SW 22300 N Y 40 ED18246 12/24/20221942 Snohomish Edmonds State Road Municipal/City Police HIGHWAY 99 220TH ST SW 22000 N Y 41 L M N Light ng Condition Injury Severity Object Struck Dark -Street Lights On Minor Injury Collision Dark -Street lights On Minor Injury Collision Daylight Minor Injury Collision Daylight Minor Injury Collision Daylight NoInjury Collision Dark -Street Lights On No Injury Collision Daylight NoInjury Collision Dark -Street Lights On No Injury Collision NONE Daylight NoInjury Collision Daylight Minor injury Collision Metai l) ity Boa Daylight NoInjury Collision Overcast Daylight NoInjury Collision Clear Daylight linorInjury Collisic Clear Daylight NoInjury Collision Clear Daylight NoInjury Collision Clear Daylight Noinjury Collision Raining Daylight NoInjury Collision Clear Daylight NoInjury Collision Overcast Daylight linor Injury Collisic Raining Dark -Street lights On NoInjury Collision Clear Dark -Street Lights On linor Injury Collisic Raining Dark -Street Lights On Noinjury Collision Clear Dark -Street lights On NoInjury Collision Clear Daylight linor Injury Collisic Clear Dark -Street Lights On linor Injury Collisic Overcast Dark -Street Lights On linor Injury Collisic Clear Daylight linor Injury Collisic Clear Dark -Street Lights On NoInjury Collision Clear Daylight NoInjury Collision Clear Dark -Street Lights On linor Injury Collisic Overcast Daylight Noinjury Collision Clear Daylight Noinjury Collision Clear Daylight NoInjury Collision Fog or Smog or Smoke Dark -Street lights On linor Injury Collisic Clear Daylight known Injury Collis Clear Dark -Street Lights On NoInjury Collision Snowing Dark -Street Lights On linor Injury Collisic Raining Dark -Street Lights On linorInjury Collisic Clear Dark -Street lights On NoInjury Collision Damage Threshold Met Hitand Run Motor Vehices wl Y N 2 Y N 2 2 2 2 2 2 2 1 2 2 2 2 2 2 2 1 2 2 3 3 2 2020 HWY 99 Collisions 220th and 76th Collisions 22Dth and 9th Collisions 212th and 76th Collisions HWY 104 and Dayton Collisions HWY 104 and 100th Collisions 228th and 76th Collisions Packet Pg. 534 Six Potential Highway 99 Red - Light Camera Intersections • 224t" and Highway 99: 12 Accidents, 16,000 cars per day • 220t" and Highway 99: 11 Accidents, 20,000 cars per day • 238t" and Highway 99: Five Accidents, 20,000 cars per day • 216t" and Highway 99: Five Accidents, 20,000 cars per day • 228t" and Highway 99: Three Accidents, 16,000 cars per day • 212t" and Highway 99: Two Accidents, 20,000 cars per day Additional High Accident and Car Volume Intersections (Non -Highway 99) • 2201" and 761": 13 Accidents, 12,000 cars per day • 2121" and 761": 15 Accidents, 6000 cars per day • Highway 104 and 1001": Six Accidents, 13,000 cars per day File Home Insert Draw 19 v n v Page Layout Formulas Data Review View Automate Help Q Tell me what you want to do F 8.4.a P Cor Z4 v A A B C D E F G F• K Collision Report Number Collision Date County City Jurisdiction Agency PrimaryTrafficway Secondary Trafficway Block Number School Zone Intersection Rel; EA15884 2/5/2020 14:10 Snohomish Edmonds City Street Municipal/City Police 220TH ST SW 76TH AVE W 7500 N y EA21441 3/6/2020 19:29 Snohomish Edmonds City Street Municipal/City Police 220TH ST SW 76TH AVE W N EA55371 8/14/2020 15:00 Snohomish Edmonds City Street Municipal/City Police 220TH ST SW 76TH AVE W N 5 EA61190 9/3/2020 20:26 Snohomish Edmonds City Street Municipal/City Police 220 ST SW 76 AVE W 7600 N 6 EA23427 3/12/2020 10:45 Snohomish Edmonds City Street Municipal/City Police 76 AVE W 220 ST SW 22000 N 7 EA12363 2/4/2020 17:52 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 220TH ST SW 21900 N 8 EA14906 2/14/2020 12:48 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 220TH ST SW 22000 N 9 EA88314 12/9/2020 17:25 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 220TH ST SW 2200 N 10 EA92026 12/21/2020 16:40 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 220TH ST SW N 11 EB06244 2/14/2021 19:40 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 220TH ST SW N 12 EB23743 4/20/2021 16:15 Snohomish Edmonds City Street Municipal/City Police 220TH ST SW 76TH AVE W N 13 EC63100 7/10/2022 21:36 Snohomish Edmonds City Street Municipal/City Police 220TH ST SW 76TH AVE W 7600 N 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 > - 2020 HWY 99 Collisions Workbook Statistics 220th and 76th Collisions 220th and 9th Collisions 212th and 76th Collisions HWY 104 and I Packet Pg. 537 Excel Red Light Camera Intersectionsidu 4, Download Q Save to OneDrive File Horne Insert Draw Page Layout Formulas Data Review View Automate Help Q Tell me what you rit to do 8.4.a N LO 7 N C X ® C netts C � A B C D E F G N I 1 K l M N O 1 Collision Report Number Collision Date County City Jurisdiction Agency PrimaryTrafhcway SecondaryTrafticway Block Number School Zone Intersection Related Weather Condition Lighting Condition Injury Severity �0♦ Damage Thresh( V Hit a' 2 EA15169 2/15/202020:06 Snohomish Edmonds City Street Municipal/City Police 212TH ST SW 76TH AVE W N Y Raining Dark -Street Lights On No Injury Collision N 3 EA59850 8/31/202015:06 Snohomish Edmonds City Street Municipal/City Police 212TH Sr SW 76TH AVEW 7600 N Y Clear Daylight Minor I njury Coll ision N L 4 EA01885 1/12/2020 21:17 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 212TH ST SW N Y Snowing Dark -Street Lights On No Injury Collision Y di 5 EA11297 2/5/202013:17 Snohomish Edmonds City Street Municipal/City Police 76TH AVEW 212TH ST SW 21200 N Y Raining Daylight No Injury Collision Y E 6 EA70780 10/9/202017:28 Snohomish Edmonds City Street Municipal/City Police 76TH AVEW 212TH ST SW 7600 N Y Clear Daylight No Injury Collision Y CU 7 EB98901 12/8/202117:20 Snohomish Edmonds City Street Municipal/City Police 76TH AVE W 212TH Sr SW 21200 N Y Raining Dark -Street Lights On No Injury Collision Y U 8 EB29948 5/13/202218:20 Snohomish Edmonds City Street Municipal/City Police 212TH ST SW 76TH AVEW 7600 N Y Clear Daylight No Injury Collision N 4+ 9 EB38228 6/11/202115:32 Snohomish Edmonds City Street Municipal/City Police 212TH ST SW 76TH AVEW 7600 N Y Raining Daylight No Injury Collision Y 10 EB67478 9/14/20217:10 Snohomish Edmonds City Street Municipal/City Police 212 ST SW 76 AVEW N Y Clear Daylight Minor Injury Collision Y 11 EC66447 7/21/202210:00 Snohomish Edmonds City Street Municipal/City Police 222 ST SW 76 AVEW N Y Clear Daylight No Injury Collision Y 12 ED16286 12/19/20229:00 Snohomish Edmonds City Street Municipal/City Police 212 ST SW 76 AVEW N Y Clear Daylight No Injury Collision Y 13 ED16188 12/19/202210:30 Snohomish Edmonds City Street Municipal/City Police 212 ST SW 76 AVEW N Y Clear Daylight No Injury Collision Y N 6L 14 EC46309 5/12/2022 21:30 Snohomish Edmonds City Street Municipal/City Police 212TH ST SW 76TH AVE W N Y Clear Dark -Street Lights On No Injury Collision Y 15 EC29476 3/17/202215:24 Snohomish Edmonds City Street Municipal/CityPolice 76THAVE W 212THSTSW N Y Raining Daylight Minor Injury Collision IN ci 16 17 O 18 a 19 N 20 21 22 0 23 E 24 25 W 26 r 27 28 0 (13 O 31 i 32 < = HWY 99 Collisions 220d1 and 76th Collisions 22001 and 9th Collisions 21M and 76th Coll' '- HWY 104 and Dayton Collisions HWY 104 and 100th Collisions 226th and 76th Collisions w a Packet Pg. 538 1 1 5 6 7 8 9 10 I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A A B C D E F G H , Collision Report Number Collision Date County City Jurisdiction Agency Primary Trafficway Secondary Trafficway Block Number School Zone EA16280 2/19/2020 15:10 Snohomish Edmonds State Road Municipal/City Police SR 104 100TH AVE W 10000 N EA18534 2/26/2020 11:21 Snohomish Edmonds State Road Municipal/City Police HWY 104 100TH AVE W N EA56441 8/17/2020 12:40 Snohomish Edmonds State Road Municipal/City Police HWY 104 100TH AVE W N EB30611 5/16/2021 12:53 Snohomish Edmonds State Road Municipal/City Police HWY 104 100 AVE W N ED01660 11/6/2022 23:00 Snohomish Edmonds State Road Municipal/City Police SR 104 100TH AVE W N ICI < > = 220th and 9th Collisions 212th and 76th Collisions HWY 104 and Dayton Collisions Workbook Statistcs HWY 104 and 100th Collisions 2 8.4.a N L0 7 N K C Intersection Rel Y N Y Y O Y = 3 Y O U to m E M U w s a� O V O a m C O E W C t4 C tv N d L a- r c d t1 RQ Q Packet Pg. 539 8.4.a I 2.38 1 Name SLS Request T Option Number SLS Stage Name 1 V 2 •• 3 1 Average Daily Traffk Year ADT Count FS Approval Value Updated AADT ADT Source U Constructible C-tructability Comments WAEDM 2 Red Light IComplete Ell 224th St@SW Pacific Hwy/SR 99 F T � N/A(don't have data for that approach( N/A 3.82 N/A Yes Google earth shows vehicles part 3 WAEDM Red Light 1Complete NB SR 99/Pacific Hwy @220th St SW F 't` ?' 20,000 2022 3.71 Provided by Ci Yes 20'slanted stop bar seperationG 4 WAEDM Red Light 1Complete SB SR 99/Pacific Hwy @220th St SW F % ?' 20,000 2222 3.83 Provided by Cit Yes 27 slanted stop bar seperation b 5 WAEDM Red Light 1Comlete SB Pacific Hviry/SR 99@212th St SW F t T 4 2o,0Do 2022 3.1 Provided by Yes 16'slanted stop barSinle pole re 6 WAEDM Red Light 1 Complete SB Pacific Hwy/ SR 99 @ 216th St SW F % % -) 20,000 2022 3.63 Provided by Ci Yes 22'slanted stop bar,Sin le pole r 7 WAEDM Red Light IComplete NO SW Pacific H / SR 99@ 238th St SW E 'P 11 20,000 2022 3.91 Provided by Ci Yes 27 slanted stop bar/stop bar sep 8 WAEDM Red Light 3Complete SB SW Pacific Hwy /SR 99@238th St SW F % % 20,000 2022 4.72 Provided by Cit Yes 17 slanted stop bar,Sin le pole r 9 WAEDM Red Light IComplete NO Pacific Hwy /SR 99@224th St SW F 'i' T 16,000 2022 3.41 Provided by CI Yes 23' slanted stop bar,5 stem place l0 WAEDM Red Light 1 Complete SB Pacific Hwy/ SR 99 @ 224th St. SW F % % 16,000 2D22 2.52 Provided by CI Yes 20'slanted stop bar,5 stem plaa LS WAEDM Red Light IComplete NO SW Pacific Hwy /SR 99@228th St SW F 'P 'r 16,000 2022 4.05 Provided by CI Yes 22'slanted stop bar,Sin le poler 12 WAEDM Red Light 1Complete SB SW Pacific Hwy SR 994LD228th St SW F % % 16,000 2D22 2.53 Provided by Cl Yes At max distanm;21'slanted stop 13 WAEDM Red Light IComplete WB220th St SW@SR 99/Pacific Hwy 14,000 2022 2.95 Provided by Ci Yes 20'slanted stop bar seperation b, L4 WAEDM Red Light N/A Not Constructible WB 76th Ave W @ 220th St SW FT 14,000 2022 N/A N/A No System placement issue due to a L5 WAEDM Red Light 1 Complete NB Hwy 104 @ IOOth Ave W 13,000 2022 3.42 Provided by Ci Yes At min distance from stop bar,Sir L6 WAEDM Red Light 1 Complete WB 100th Ave W @ Hwy 104 13,000 2022 3.19 Provided by Cit Conditional Conditional, Ma'or tree trim;Tree L7 WAEDM Red Light 1 Complete Ell 220kh St SW @ 76th Ave W F T 'T'i 12,000 2022 2.91 Provided by Ci Yes Single pole rear radar in range or L8 WAEDM RedUht I Complete SB Hwy 104 @ 100th Ave W 32,OOO 2022 3.5 Provided by Ci Yes Single pole rear radar in range or L9 WAEDM Red Light I Complete Ell 100th Ave W @ Hwy 104 F % T� 12,DO0 2022 3.46 Provided by Ci Yes Slightly curved approach;Sin le LO WAEDM Red Light IComplete Ell 220th St SW@SIR 99/Pacific H F T 'r 11,OD0 2022 5.3 Provided by Ci Yes 16'slanted stop bar seperation b, LI WAEDM Red Light 1 Complete NB 1ODkh Ave /9th Ave S @ Elm Way / 200th St SW <- i 8,000 2022 2.81 Provided by Ci Yes Single pole rear radar in range or L2 WAEDM Red Light 1Complete SB 100th Ave/9th Ave S@Elm Way/200th St SW F 'r4 81000 2022 2.69 Provided by CI Yes Single pole rear radar in range or t3 WAEDM RedU tit 1 Complete SB 76th Ave W @ 220th St SW 6'WG 2022 2.95 Provided by CI Yes Single pole rear radar in range or !4 WAEDM Red li tit 1 Complete NO 76th Ave W @ 212th Street SW F 'r 61000 2022 4.08 Provided by Cit Yes Utilities in areaSin le Pole rear r. 6 WAEDM Red Li tit N/A Not Constructible SB 76th Ave W @ 210h Street SW F t 6,000 2D22 N/A N/A No System placement issue, not wltl 26 WAEDM Red Light 1 Complete EB 212th Street SW @ 76th Ave W F t 4 61000 2022 3.99 Provided by Ci Yes Single pole rear radar in ran eor 27 WAEDM Red Light 1 Complete WB 212th Street SW @ 76th Ave W F i' 6,000 2022 4.06 Providedb Ci Yes Single pole rear radar in ran eor 28 WAEDM Red U t Complete Ell 212th St SW Pacific SR 99 F'r ?4 2022 2.52 Provided Ci Yes Single le rear radar in ran eor 29 WAEDM Red Light N/A Not Constructible WB Elm Way/ 200th St SW@lOmh Ave/9th Ave FT 4,000 2022 N/A N/A No Donot recommend, X'ADA Ilea io WAEDM Red U tit 3Complete Ell 216th St SW @PaciflcH /50.99 FT T� 3,200 2023 2.38 Provided CI Yes Sin le pole rear radar in rang, or 11 WAEDM Re t 1Complete WB 224th St@SW Pacific Hwy /SR 99 F'j' 3,200 2D23 2.651Provided by CH, Yes NO ROW on shoulder,Recommen 12 WAEDM Red Light N/A Not Constructible NO 76th Ave W @ 220th St SW F 14 Z500 2022 N/A N/A No System placement issue, no ADA 13 WAEDM RedU ht 3Com late WB 228th It SW@SW Pacific Hwy /SR 99 F T� 2,5W 2D23 2.73 Providedb CI Yes Sin le ole rear radar in range or I6 WAEDM Red Liht N/ANot Constructible EB 228th St SW@SW PacificH /SR 99 F t4 2,000 2023 N/A Providedb Cl No System placement iszueduetod IS WAEDM Red Light I N/ANot Constructible EBElm We /20IIIh S[SW@100th Ave/9th AveS FT 2 1,500 2022 N/A N/A No Do not recommend, no ROW, wi 16 WAEDM Red Light IComplete E.238th StSW @SW Pacific Hwy/SR 99 F?' r 1,5W 2023 OA Provided by Ci Yes I Bus stop on zhoulder,Yielding RT N L0 7 N C +=r L - ]V lE 0 1: Inl L G> in tit io tit V or +a Ae �m irk ey rk LL qk Q% r V le .O rt d ek VJ tt nn O as E IL. ve LU _ W ra w a Packet Pg. 540 11 - fx Average Daily Traffic . u n 8.4.a JA—W N Mar AOfCWt AOf%—UQComa—tal C—unattal ltymare N/A dont have data 2 for that aoproaCh) N/A N/A Yes (3oogle earth snows venides parked on ROW,Small raised curbed shoulder;Single pole rear radar in range on shoulder night before driveway, about 98' from stop bar to capture Ll & 2; 3 20.000 2022 3. Provided by City Yes 20slanted stop bar seperstion betwem Ll and 4.&rqle pole rear radar in range on shoulder after driveway, about 100'" the bottom of the slanted stop bar to capture Ll Mru 4; 4 20,000 2022 SM Provided by City Yes 27' slanted stop bar separation between Ll and 4,Sngle pole rear radar in range on shoulder after driveway, about 100' from the bottom of the slanted stop bar to capture L1 thru 4, 5 20000 2022 3.1 Provided by City Yes I6'slamed stop badingle pole rear radar in nittile on shoulder after drivewary to capture LI tlfru 4; 6 20,000 2022 SM Provided by City Yes 22' slanted stop bar,Ssngle pole rear radar in range on shoulder to capture Ll thru 4; 7 200000 2022 3N Provided by City Yes 27' slanted stop bar/stop bar sepmrion,Single pole rear radar in range w shoulder, about 93' from LT stop bar to capture LI Uru 4;20mm ANPR required; 8 20,000 2022 4.72 Provided by City Yes 17' slanted stop bar,Single pole rear radar in range on shoulder about 100' from bottom of the stop bar to capture Ll thru 4;20mm ANPR required; 9 16,000 2022 3AI Provided by Vas 23' slanted stop bar;5ystem placement limitation due to driveway, Unable to capture LT lane,Sngle pole rear radar In range on shoulder, about 102' from stop bar to capture L2 thru 4,Possible tree thm 10 16,000 2022 25 Provided by Yes 20' slanted stop bar;System placement limitation due to driveway, unable to capture RT lane 4At max distance,Single pole rear repair in range on shoulder right after driveway/befbm storm drain, about 117 from bottom of LT stop bar to capture Ll thru 3; Il 16,000 2022 4.05 Provided by City Yes 22' slanted stop bar;Single pole rear radar on shoulder after storm brain / before driveway, abort 120 from top of the stop bar to capture Ll thru 4;20mm ANPR required; 12 16,000 2022 253 Provided by City Yes At max distance,21' slanted stop bar,Uneble to capture RT lane 4 due to driveway; Single pole rear radar in range on shoulder right after or,veway/before storm drain to capture LI thru 3; 13 11000 2022 2 Provided by Yes 20' slanted stop bar separation between Ll and 3Approach is uphill, about 9%mclineSystern placement limitation clue to curve and obstruction from utility pole near stop bar driveM, unable to capture RTSingle pole rear radar in range on shoulder after utility pole, about 14 14,000 2022 N/A NO System placement issue due to obstruction from unity poles; other utilities in area; 15 13 Wl) 2022 3.4 Provided by Yes At min distance from stop bar;Single pole rear radar in range m shoulder before norm drain, about 100' from stop bar to capture Ll & 2; 16 13000 2022 3.19 Provided by City Conditional Conditional, Major tree tnm;Tree on snoulder obstructing traffic signal.Unde,ground unimes in area;Si pole rear radar in range on shoulder, about 100' from stop bar to capture Ll thnl 3; 17 12,01W 2022 29 Provided by City Yes Single pole rear radar in range w shoulder before utility pole, about 95' from the stop bar to capture Ll & 2; 18 IzW0 2022 3. Provided by CityVas Si ngle pole fear radar In range w shoulder before driveway, about 122' from stop bar to capture LI thru 3; 19 izow 2022 3.4rA Provided by CityYes Sr ntiy Curved approach;5i ! Ode rear raper in ra eon shoulder, abort 100' horn stop bar to Capture LI tinN 3; 20 1 000 2022 5. Provided by Yes 16' slanted stop bar separation between Ll and 3,Si a pole rear radar in ran eon shoulder after udliry pole, about 100' iron the bottom of Ne slanted nap Osr tocara Ll Vau 3; 21 SAW 2022 2.8 Provided by City Yes Single pole rear radar in range on shoulder before utility pole, about 95' from stop bar to capture L3 & 2; 22 8,000 2022 2. Provided Oy City Yes Si ngle pole rear radar in range on shoulder before storm dram, about 95' from stop bar to capture Ll & 2; 23 6,000 2022 2.0 Provided by City Yes Si ngle pole rear radar in range on shoulder before utility pole, about 92' from the L2 stop bar to capture Ll & 2; 24 6,000 2022 4. Provided by Cityvas Utilities in area5in a pole rear radar In range on shoulder before before light pole, about 95' from stop bar to capture LI thru 3; 25 60000 2022 N/A NO System placement issue, not vAthm recommended placement due to Onveway and underground utilmes; 26 6.000 2022 3.0 Provided by City Yes Single pole rear radar in range on shoulder after, abort 122' from stop bar to capture Ll thru 3; 27 6,000 2022 4. Provided by City Yes Single pole rear radar in range on shoulder after driveway, about 125ftom stop bar to capture Ll thru 3; 28 6 OW 2022 2.52 P—ded IN, Clef Yes Sirale pole rear raper In range on shoulder about 100' from SWO bar to capture LI & 1 29 4,000 2022 Wt4 N/A NO Do not recommend, >4' ADA clearance; 30 3,200 2023 Provided by City Yes Singlepoierear radar in range on shoulder after driveway to capture Ll 8, 2; 31 3,200 2023 2fA Provided by City Yes No ROW on shoulder;Recornmend single pole rear radar on opposde side after driveway, about 100' from the stop bar to capture L3 & 2; 32 Z500 2022 Ill N/A No System placement issue, no ADA Clearance; 33 2,500 2023 2.731 ProvdWWy Orly Yes I Sinoepole rear radar in range on shoulder about 100' from bottom of the stop bar to capture LI & 2; 34 2,W0 2023 Provided by No System placement issue due to driveway, 35 1,500 36 1,500 37 700 2022 2023 1 2023 N/A Provided bV Smyes Provided bvcimy. Imp Do not recommend, no ROW curved road, approach is on a Ngh slope, I Bus stop of shoulderfilelcing RT lane 2,single pole rear radar in range on shoulder after bus stop, about 115' from stop br to cal U; ISingle pole rear radar in range w shoulder after driveway, about 110'trom stop bar to capture Ll; Page 1 } Workbook Statistics ® P Type here to search Gi - 50°F Cloudy n 4D I,)) 13,11 11/11/2021 50.4 Total per day x 30 = 1512, x31 = 1562 • Column L represents the number of daily projected violations for that specific movement (based on the running VERRA Mobility of their algorithm). • The rows where a N/A is shown are the ones where specific Rating ( to low) restrictions have been identified for such an addition (such as limited ROW, topography issues (as identified in Column P). Packet Pg. 541 • 2201" and Highway 99: VERRA Rating- 5.3 (10 accidents) 20, s•4.a cars per day • 2381" and Highway 99, Southbound: VERRA Rating- 4.72 (five accidents) 20,000 cars LO • 2281" and Highway 99: VERRA Rating- 4.05 (three accidents) 161000 cars • 2121" and 76t" Northbound: VERRA Rating- 4.08 (15 accidents) 6000 cars 0 U • 2121" and 761" Westbound VERRA Rating- 4.06 (15 accidents) 6001 ca rs • 2121" and 761" Eastbound VERRA Rating- 3.99 (15 accidents) 6000 ca rs • 238t" and Highway 99 Northbound: VERRA Rating- 3.91 (five 0 accidents) 16,000 cars 0 • SR 99 and 216t": VERRA Rating- 3.68 (five accidents) 20,000 cars W • Hwy 104 and 100t" Southbound: VERRA Rating- 3.5 (six accidents) o 131000 cars 0 • Hwy 104 and 100t" Northbound: VERRA Rating- 3.42 (six a accidents) 13,000 cars 0 • SR 99 and 224t": VERRA Rating- 3.41 (12 accidents) 16,000 cars Hwy 104 and 100t" Westbound: VERRA Rating- 3.19 (six accidents a 131000 cars • SR 99 and 212t"VERRA Rating- 3.1 (two accidents) 20,qPacket Pg. 542 8.4.a Another Potential Danger Of Intersection Related Crashes Police: Edmonds man `overreacted,' shot apologetic rideshare driver Alex Waggoner was reportedly crossing the street when Abdulkadir Shariff Gedi almost hit him. Waggoner then opened fire. by Jonathan Tall Friday, January 12, 2024 5:24pm EDMONDS — After Abdulkadir Shariff Gedi almost struck a pedestrian while making a left turn in Edmonds, the driver appeared to roll down the window to apologize, according to a police review of dashcam footage. Detectives believe Alex Waggoner, 21, then shot the rideshare driver to death in a brief and random confrontation, where the shooter was in no imminent danger. Amare Geda, a longtime ride -hail driver and father of two, was killed while on the iob in Sodo in August. Prosecutors charged an 18-year-old woman with first -degree murder in that case. Driver advocates have previously pushed for more cameras, improved technology and legislation to ensure drivers are paid enough to avoid working second jobs or late -night hours. Packet Pg. 543 8.4.a nrL6destrlan 2201" and HWY 99 = 1 • 212t"and 76t"=2 iccidents • HWY 104 and 100t" = 0 (Recently a homicide at the light at Hwy 104 and .ntersection the 8800 block, (12 blocks away) Intersection related near pedestrian crash. Packet Pg. 544 AL rY"iil no Academic and Empirical Research +rig U L. M (3) C) nrolo U Road crashes are a prime cause of death and disability, and red- light running is a common cause of crashes at signalized intersections. More than one million crashes occur annually at traffic signals in the United States, and red-light cameras increasingly are being used to supplement police -enforcement efforts by automatically photographing vehicles whose drivers run red lights. Red-light running at signalized intersections is a significant . problem in the United States; it results in more than 95,000 crashes and approximately 1,000 deaths per year. A U � z , � o U In Washington state, traffic fatalities were up 38% last year compared with 2019, reaching a 30-year high. In response, the state is considering expanding its limited speed camera use. State officials plan aXM,-,.,:T.M • to see how that country used automated en orcement to reduce traffic deaths. "Law enforcement has really stepped back from enforcing traffic laws," said Jonathan Adkins, CEO of the Governors Highway Safety Association. "We have to get police back out there and get support for police back. But this has to be done the right way, and it has to be done fairly. And we do want to look at technology — cameras don't see race, they don't see gender." 8.4.a Two pedestrians struck in Perrinville neighborhood Sunday Edmonds police on Sunday afternoon were called to the scene of a vehicle collision in the Perrinville neighborhood, where two pedestrians were struck near 76th Avenue West and Olympic View Drive. Both patients were transported to Seattle's Harborview Medical Center, Edmonds Packet Pg. 548 8.4.a C J Academic Research: Studies Cited PUBLICATIONS: • National Academies of Sciences, Engineering, Medicine • Insurance Institute for Highway Safety • Safety Evaluation of Red - Light Cameras, Federal Highway Administration • National Library of Medicine • Journal of Safety Research OWN 6GO&a7 N O&OW © :+•v.� dmft r. M 4 .c Packet Pg. 549 8.4.a • National Academies of Sciences, Engineering, and Medicine • American scientific academv • The National Academies of Sciences, Engineering, and Medicine, also known as the National Academies, is a congressionally chartered organization that serves as the collective scientific national nations lacadem ies.org Founder Federal Government of the United States • Headquarters Keck Center • 500 5th Street, NW, Washington, D.C. 20001 • Subsidiaries National Academy of Sciences (NAS) • National Academy of Engineering (NAE) • National Academy of Medicine (NAM) • Legal status Congressionally Chartered Nonprofit Organization • Purpose Provide independent, objective advice to inform policy with evidence, spark progress and innovation, and confront challenging issues for the benefit of society. • Location Executive Office National Academy of Sciences Building 2101 Constitution Avenue NW, Washington, DC 20418, United States • Membership Scientists, engineers, and health professionals • The National Academies of Sciences, Engineering, and Medicine (NASEM), also known as the National Academies, is a congressionally chartered organization that serves as the collective scientific national academy of the United States-. These esteemed institutions provide independent, objective advice to inform policy decisions, ignite progress and innovation, and address complex challenges for the betterment of society-. Let's delve into their significant contributions: • National Academy of Sciences (NAS): • the NAS iz a prestigious organization that recognizes outstanding scientific achievements across various fields, including the physical, biological, social, and medical sciences. Packet Pg. 550 8.4.a Evaluation of Red -Light Came Publication Type: Technical Report Publication Number: FHWA-HRT-05-048 Abstract: The objective of this final study was to determine the effectiveness of red -light -camera (RLC) systems in reducing crashes. The study used empirical Bayes before -and -after research using data from seven jurisdictions across the United States at 13: treatment sites. The purpose of the study was to estimate the crash and associated economic effects of RLC systems and specially derived rear end and right-angle unit crash costs for various severity levels. Crash effects detected were consistent in direction with those found in many previous studies: decreased right-angle crashes and increased rear end ones. The economic analysis examined the extent to which the increase in rear end crashes negates the benefits for right-angle crashes. The analysis showed an aggregate crash cost benefit of RLC systems. A disaggregate analysis found that the greatest economic benefits are associated with the highest total entering average annual daily traffic, the largest ratios of right-angle to rear crashes, and with the presence of protected left turn phases. There were weak indications of a spillover effect that points to a need for a more definitive, perhaps prospective, study of this issue. Publishing Date: April 2005 Author(s): Council, Forrest Persaud, Bhagwant Eccles, Kim Lyon, Criag Publishing Office: Office of Safety Research and Development FHWA Program(s): Safety Research AMRP Program(s): Safety Data and Analysis FHWA Activities: Highway Safety Information System Subject Area: Safety and Human Factors U.S. DEPARTMENT OF TRANSPORTATION Federal Highway Administration 1200 NEW JERSEY AVENUE, SE WASHINGTON, DC 20590 202-366-4000 Packet Pg. 551 fill j - 4t' ss it dip The Insurance Institute for Highway Safety (IIHS) is an independent, nonprofit scientific and educational organization dedicated to reducing deaths, injuries and property damage from motor vehicle crashes through research and evaluation and through education of consumers, policymakers and safety professionals. The Highway Loss Data Institute (HLDI) shares and supports this mission through scientific studies of insurance data representing the human and ;conomic losses resulting from the ownership and operation of different types of vehicles and by publishing insurance loss results by vehicle make and nodel. 3oth organizations are wholly supported by An IIHS-HLDI resource for students and teaches Newsletter archive 8.4.a A Safety and Health Research Forum A Joint Publication of the National Safety Council The Journal of Safety Research is a multidisciplinary publication that provides for the exchange of scientific evidence in all areas of safety and health, including traffic, workplace, home, and ... National Safety Council Inin MCC $3220 Article publishing charge for open access 12 days Time to first decision 180 days Review time 294 days Submission to acceptance 30 June 2021 View all special issues and article collections ViOIAI all icci icc Print ISSN: 0022-4375 Online ISSN: 1879-1247 Copyright © 2024 National Safety Council and Elsevier Ltd. All rights reserved For authors Resources for authors Track your accepted paper Journal_Finder Researcher -Academy Rights and permissions Journal Article u iPT fishing Support Center For editors Resources for editors Publishing Ethics Resource Kit Guest editors For reviewers Resources for reviewers Reviewer recognition All content on this site: Copyright © 2024 Elsevier B.V. its licensors, and contributors. All rights are reserved, including those for text and data mining, Al training, and similar technologies. for all open access content, the Creative Commons ,Icensln9 t—,ppiy M a U . ns; 4o National Safety Council Packet Pg. 553 8.4.a T NMDI P R NA TIONA I RAR O MEDICINE N M An official website of the United States government C O I C T A NC II NMT N D 223224M C C P M I A 2 24 N MI R P Intramural research at NLM consists of the development and application of computational approaches to a broad range of problems in biomedicine, molecular biology, and health. READ RESEARCH HIGHLIGHTS I MEET OUR PRINCIPAL INVESTIGATORS I EXPLORE TRAINING OPPORTUNITIES 8600 Rockville Pike Bethesda, MD 20894 Web Policies FOIA NLM NIH HHS USA.gov Packet Pg. 554 All fatal crashes at signalized intersections in 14 cities that terminated cameras programs during 2010-14 were 30 and 16 percent higher, respectively, after cameras were turned off than would have been expected had cameras remained ©1996-2023, Insurance Institute for Highway Safety, Highway Loss Data Institute, 501(c)(3) organizations Effects of turning on and off red IigLht cameras on fatal crashes in large U.S. cities Hu, Wen I Cicchino, Jessica B. Journal of Safety Research June 2017 Introduction: Although numerous studies have demonstrated that automated enforcement reduces red light running, a growing number of communities have deactivated their [ed_ 2 camera programs in recent years This study updates estimates of the effects of turning on cameras and offers a first look at the effects of turning them off Method: Among the 117 large U S cities with more than 200,000 residents in 2014, trends in citywide per capita rates of fatal red light running crashes and of all fatal crashes at intersections were compared among 57 cities that initiated camera programs during 1992-2014 and 33 cities without cameras during this period to examine the effects of activating camera programs Trends also were compared between 19 cities that turned off cameras and 31 regionally matched cities with continuous camera programs to evaluate the effects of terminating camera programs Because several cities turned cameras off during 2005-08, the estimated effects might have been confounded by the U.S economic downturn immediately afterward The primary analyses were limited to the 14 cities that turned off cameras during 2010-14 and compared trends in the 14 cities with those in 29 regionally matched cities with continuous camera programs Poisson regression was used to examine the relationship of activating and deactivating camera programs with fatal crash rates Results: After controlling for temporal trends in annual fatal crash rates, population density, and unemployment rates, rates of fatal red light running crashes and of all fatal crashes at signalized intersections in cities with cameras programs were 21 and 14 percent lower, respectively. after cameras were turned on than what would have been expected without cameras Rates of fatal red light running crashes and of all fatal crashes at signalized intersections in 14 cities that terminated cameras programs during 2010-14 were 30 and 16 percent higher, respectively, after cameras were turned off than would have been expected had cameras remained Increases in rates of fatal red light running crashes (18%) and of all fatal crashes at signalized intersections (8%) in all 19 cities that turned cameras off were not significant Conclusions: The current study adds to the body of existing research indicating that red light cameras can reduce the most serious crashes and is the first to demonstrate that kerminating camera programs increases fatal crashes Practical applications: Communities interested in improving intersection safety should consider this evidence Legislators and communities thinking about terminating camera programs should consider the impact to safety if programs end Packet Pg. 555 8.4.a Effects of red light running camera systems installation and then deactivation on intersection safety Munehoon Ko=, Srinivas Reddc Gccdinalls=: Troy Duane Walden-, Robert Carl Wunderl[ch' Affiliations and Abstract Introduction: The primary objective of this paper is to evaluate the safety impacts of red-light running camera (RLC) system installation and then deactivation at 48 intersections in Houston, Texas. The second objective is to evaluate the spillover effect at nearby non -treated intersections in Houston after the deactivation. Methods: To accomplish study objectives, an Empirical Bayes (EB) before -after analysis was used. Results: The results indicate statistically significant collision reductions on all red-light running (RLR) crash types (37 percent) as well as right-angle RLR crashes (47 percent) at the treated intersections after RLC activation. By way of comparison, the RLC deactivation analysis indicated that crashes increased by 20 percent for all RLR crash types and by 23 percent in right-angle RLR crashes at the formerly treated intersections. After deactivation, all severity RLR crashes increased more than expected at nearby non - treated intersections, which indicates the possibility of an adverse spillover effect. However, fatal/injury crashes associated with rear -end decreased after deactivation at both formerly treated and non -treated intersections, although those rear -end crashes account for smaller proportions when compared to all crash types/right-angle crashes. Practical applications: Overall, removing RLC treatments results in a negative reaction to the safety benefits that the treatment provides when it is in place and actively working and to the nearby intersections where the treatment has not been implemented. This study helps define the effects that RLCs have on safety at signalized intersections after installation and deactivation. The results indicate statistically significant collision reductions on all red-light running (RLR) crash types (37 percent) as well as right-angle RLR crashes (47 percent) at the treated intersections after RLC activation Packet Pg. 556 8.4.a Effects of refit camera enforcement on red light violations in Arlington County, Virginia McCartt, Anne T. I Hu, Wen Journal of Safety Research February 2014 Objectives: In June 2010, Arlington County. Virginia, installed red light cameras at four heavily traveled signalized intersections Effects of camera enforcement on red light y tQD5A= examined Methods: Traffic was videotaped during the 1-month warning period and 1 month and 1 year after ticketing began at the four camera intersections, four non -camera "spillover" intersections in Arlington County (two on travel corridors with camera intersections, two on different corridors), and four non -camera "control" intersections in adjacent Fairfax County Logistic regression models estimated changes in the likelihood of violations at camera and spillover intersections. relative to expected likelihood without cameras, based on changes at control intersections. Results: At camera intersections. there were significant reductions 1 year after ticketing in odds of violations occurring at least 0 5 s (39%) and at least 1 5 s (86%) after lights turned red, relative to expected odds without cameras, and a marginally significant 48% reduction in violations occurring at least 1 s into red At non -camera intersections on corridors with camera intersections, odds of violations occurring at least 0 5 s (14%). 1 s (25%). and 1 5 s (63%) into the red phase declined compared with expected odds, but not significantly Odds of violations increased at the non -camera intersections located on other Arlington County travel corridors Conclusions: Consistent with prior research, red light violations at camera -enforced intersections declined significantly Reductions were greater the longer after the light turned red, when violations are more likely to cause crashes. Spillover benefits were observed only for nearby intersections on travel corridors with cameras and were not always significant Practical application: This evaluation examined the first year of Arlington County's red light camera program, which was modest in scope and without ongoing publicity A larger. more widely publicized program is likely needed to achieve community -wide effects. Consistent with prior research, red light violations at camera - enforced intersections declined significantly. Reductions were greater the longer after the light turned red, when violations are more likely to cause crashes. • 01996-2023, Insurance Institute for Highway Safety, Highway Loss Data Institute, 501(c)(3) organizations Packet Pg. 557 8.4.a Red-light cameras for the prevention of road traffic crashes A S Aeron-Thomas . S He„ Abstract Background: Road crashes are a prime cause of death and dudbil and red-light running is a common cause of crashes at b lam, intersections. Red-light cameras are increasingly used to promote compliance with traffic signals Manual enforcement methods are resource intensive and high risk, whereas red-light cameras can operate 24 hours a day and do not involve high- speed pursuits. Obiectives: To quantify the impact of red-light cameras on the incidence and severity of road crashes and casualties, and the incidence of red-light violations. Search strategy: We searched the following electronic databases TRANSPORT (NTIS, TRIS, IRRD,TRANSDOC), Cochrane Injuries Group 5g=d�Register, Cochrane Controlled Trials Register, MEDLINE, EMBASE and the Australian Transport Index. We checked the reference lists of relevant papers and contacted research and advocacy 9%0,0 A"i Selection criteria: Rd or quasi -controlled trials and controlled before -after studies of red-light cameras. For crash impact evaluation, the before and after periods each had to be at least one year in length. For violation studies, the after period had to occur at least one year after camera installation. Data collection and analysis: Two reviewers independently extracted data on study type, charactenstics of camera and control areas, and data collection period. Before -after data were collected on number of crashes by severity, collision type, deaths and injuries, and red-light violations. Rate ratio was calculated for each study Where there was more than one, rate ratios were pooled to give an overall estimate, using a generic inverse variance method and a random -effects model Main results: No (Ap0 controlled trials were identified but 10 controlled before -after studies from Australia, Singapore and the USA met our inclusion criteria. Authors' conclusions: Red-light cameras are effective in total casualty crashes. reducing Packet Pg. 558 8.4.a TRIDthe TRIS and ITRD database EVALUATION OF RED LIGHT CAMERA ENFORCEMENT IN FAIRFAX, VA., USA More than one million crashes occur annually at traffic signals in the United States, and refit cameras increasingly are being used to supplement police - enforcement efforts by automatically photographing vehicles whose drivers run red lights. This feature evaluates nine intersections studied in the city of Fairfax, Virginia. Red light camera enforcement in Fairfax was preceded by a 30-day warning period, during which cameras were used to photograph violators, but no tickets were issued. Red light violation data were collected immediately prior to the warning period and then 3 months and one year after enforcement began. Random sample telephone surveys of residents about their awareness and opinions of red light camera enforcement were also conducted approximately one month before and one year after the enforcement program began. One year after enforcement began, violation rates were lower at all camera and noncamera sites. Overall reductions at the five camera sites were 7% 3 months after enforcement began and 44% after one year. Overall reductions at the two noncamera sites were 14% after 3 months and 34% after one year. The overall violation rate at the control sites essentially was unchanged. Public support for camera use increased from 75% before enforcement to 84% one year after enforcement. Corporate Authors: Institute of Transportation Engineers (ITE) Washington, DC United States • Authors: o Retting, R A o Williams, A F o Farmer, C M o Feldman, A F • Publication Date: 1999-8 One year after enforcement began, violation rates were lower at all camera and noncamera sites. Overall reductions at the five camera sites were 7% 3 months after enforcement began and 44% after one year. Packet Pg. 559 8.4.a Safety Evaluation of Red -Light Cameras. US Department of Transportation, Federal Highway Administration XII. DISCUSSION AND CONCLUSIONS Red-light running at signalized intersections is a significant problem in the United States; it results in more than 95,000 crashes and approximately 1,000 deaths per year. Red -light -camera systems aimed at reducing this problem have become a popular tool in local jurisdictions. Their use has not been without controversy, primarily related to the use of private firms to implement the program, and questions concerning changes in signal timing during program implementation. Part of the controversy has stemmed from the lack of sound research concerning the effects of RLCs on intersection crashes. Many studies of RLC effectiveness were conducted in jurisdictions outside the United States, and most of the U.S. and non-U.S. studies have experienced methodological problems, as was documented by the critical review of literature conducted in this effort. This current study was an attempt to overcome these methodological issues and to examine the crash -related effects in multiple U.S. jurisdictions to see if consistent results were found AAat using the same methodology, "fine and points" was found to be associated with a greater benefit than "fine only." In summary, the multijunsdictional database deY ed and the crash - based and economic analyses used made it possible to answer most of the questions posed by FHWA. This economic analysis represents the first attempt in the known literature to combine the positive effects of right-angle crash reductions with the negative effects of rear end crash increases, and to identify factors that might further enhance the effects of RLC systems Larger crash sample sizes would have added even more information The following primary conclusions are based on these current analyses • Even though the positive effects on right-angle crashes of RLC systems is partially offset by negative effects related to increases in rear end crashes, there is still a modest to moderate economic benefit of between $39,000 and $50,000 per treated site year, depending on whether one examines only injury crashes or includes PDOs, and on whether the statistically non -significant shift to slightly more severe right-angle crashes remaining after treatment is, in fact, real. • Even if modest, this economic benefit is important. In many instances today, the RLC systems pay for themselves through red -light -running fines generated. However, in many jurisdictions, this differs from most safety treatments where there are installation, maintenance, and other costs that must be weighed against the treatment benefits. • The modest benefit per site is an average over all sites. As the analysis of factors that impact showed, this benefit can be increased through careful selection of the sites to be treated (e.g., sites with a high ratio of right-angle to rear end crashes as compared to other potential treatment sites) and program design (e.g., high publicity, signing at both intersections and jurisdiction limits) Similar in direction but somewhat smaller in magnitude than those indicated in past studies. Right-angle crashes (the surrogate for "red-light running" crashes) decrease significantly and rear end crashes increase Similar in direction but somewhat smaller in magnitude than those indicated in past studies. Right-angle crashes (the surrogate for "red-light running" crashes) decrease significantly Packet Pg. 560 8.4.a Reductions in injury crashes associated with red light camera enforcement in Oxnard, California Retting, Richard A. l KyUgbjWI Q. Sergey Y. Amencan Joumal of Public Hea;,'� November 2002 Objectives: This study estimated the impact of red light camera enforcement on motor vehicle crashes in one of the first US communities to employ such cameras — Oxnard, California. Methods: Crash data were analyzed for Oxnard and for 3 comparison cities. Changes in crash frequencies were compared for Oxnard and control cities and for signalized and nonsicinalized intersections by means of a generalized linear regression model. Results: Overall, crashes at signalized intersections throughout Oxnard were reduced by 7% and injury crashes were reduced by 29%. Right-angle crashes. those most associated with red light violations, were reduced by 32%; right-angle crashes involving injuries were reduced by 68%. Conclusions: Because red light cameras can be a permanent component of the transportation infrastructure, crash reductions attributed to camera enforcement should be sustainable. Overall, crashes at signalized intersections throughout Oxnard were reduced by 7% and injury crashes were reduced by 29%. Right-angle crashes, those most associated with red light violations, were reduced by 32%; right-angle crashes involving injuries were reduced by 68%. Because red light cameras can be a permanent component of the transportation infrastructure, crash reductions attributed to camera enforcement should be sustainable. Packet Pg. 561 8.4.a • or s nig (Assoc! ww. g h %cm • • Pedestrian 2021 PRELIMINARY DATA k)h y (January- December) • Automated traffic enforcement ion (particularly speed enforcement), while controversial, has irrefutably led 'firg to reductions in motorist speeds and crashes. A literature review of studies Ole evaluating speed cameras concluded that all studies measuring speed or speeding saw reductions when the cameras were present.31 • 31. Cecilia, W., Charlene, W., Joan, H. K., Le Brocque, R., & Bellamy, N. (2010, November 10). Speed cameras for the prevention of road traffic injuries and deaths. https://doi.org/10.1002/14651858.CDO04607.pub4 32 Packet Pg. 562 Pedestrian Fatalities on the Rise in Washington State Washington State sees a high number of pedestrian fatalities on its roads every year. Even though lawmakers have - - III - o reduce traffic - related deaths, our numbers have continued to claim. Pedestrians continue to be vulnerable road users, with nothing to protect them from the force of a colliding vehicle. 8.4.a 2 P 2 22 T D 2 2 0 T M DOT How Many Pedestrian Fatalities are There in Washington? More than 100 pedestrians are killed by motorists every year in Washington State. However, that does not paint the full picture of the hundreds of additional pedestrians who are struck and seriously injured on our roads. Not to mention, the lives of families and friends impacted by each victim. Packet Pg. 564 8.4.a 2008 Red -Light Cameras Is -a p proves-tria I-ru n-of-red-light-cam eras/ = Q � 51*F HeraldNet Tuesday, February 20, 2024 EVERETT. WAENINGTON Local news Sports Food & Drink Life Business Opinion Obituaries Classifieds Edmonds approves trial run of red -light cameras By Chris Fyall For The Herald Friday. September 19.2008 9:37pm EDMON DS LOCAL NEWS 00000 EDMONDS — First they were in Seattle, then Lynnwood, then almost everywhere — Issaquah, Puyallup, Spokane — and now red-light cameras appear headed to Edmonds, at least on a trial basis. The city approved this week the installation of trial cameras at three busy intersections in south Edmonds. The intersections are at Highway 99 at 22oth Street SW, Highway 99 at 238th Street SW and Edmonds Way at both Avenue W. If the city ultimately installs the cameras, red-light violators would be subject to $124 fines. There need to be 1.2 violations daily in each direction to justify permanent cameras, Assistant Police Chief Gerry Gannon said. Packet Pg. 565 8.4.a 2008 Red -Light Cameras Sign In _ 51*F Herald cell Tuesday, February 20,2024 O U Local news Sports Food 8 Drink Life Business Opinion Ubrtuaries Classifieds Jobs Marketplace All sections L y E fC U "There are probably a lot of near -misses at those intersections that we don't even know about," he said. d W Not everybody is in favor of the cameras. For instance, some believe the cameras are used to help cities increase revenue. a� v .o Lynnwood, for example, raised $1.i million in red-light violations in the d first six months after it installed 12 cameras last summer. Seattle also has to raised millions in violations revenue. O M That isn't Edmonds' priority, council member Deanna Dawson said. W Some nearby cities, including Mill Creek and Mountlake Terrace, have ' considered the cameras, but found they didn't want them, or that drivers p didn't run enough red lights. That could happen in Edmonds, too. "Going through the survey is an important thing to do," Edmonds Mayor c N Gary Haakenson said in August. "We may actually find out that we do not L have a problem." d In Edmonds, the test cameras would be installed and monitored by d American Traffic Solutions, the same company that has installed cameras in E Lynnwood. v If an intersection warrants a permanent camera, the city would have to Q approve the final installation, but ATS would install and monitor it for free. ATS' fee is more than $4,000 per camera, but the company takes that .earn Packet Pg. 566 8.4.a 2008 Red -Light Cameras .m/news/edmonds-approves-trial-ru n-of-red-light-cameras/ Q 51'F &ral&et Sign In Tuesday, February 20, 2024 EYEE[TT, wALNINOTOM e1 - Local news Sports Food & Drink Life Business Opinion Obituaries Classifieds Jobs Marketplace All sections The trial will take place within the next month, officials said. It could be 2OO9 before permanent cameras are installed, Gannon added. Advocates believe the cameras increase safety at dangerous intersections. "If you have a crash in the middle of an intersection, it is usually because somebody was not paying attention to the traffic signal," Edmonds Police Chief Al Compaan said. "I don't think there's any question that at those intersections where cameras are installed, people are better at taking the traffic signals seriously." Each of the intersections getting a camera in Edmonds has averaged about one right-angle collision a year, said Bertrand HaUSs, a traffic engineer with the city. Thev eet crowded durine rush hour, and drivers uush the limits, Hauss told The City suggested cameras at three busy intersections including: • Highway 99 and 220th • Highway 99 and 238th • Edmonds Way and 100th 16 years later... Packet Pg. 567 8.4.a 2023 Data: Hot off the Press Although pedestrian involved collisions represented a low number of parking lot collisions, the overall number of pedestrian related collisions in 2023 increased. The table below categorizes pedestrian related collisions into 6 locations for each trimester of 2023. 1 2 3 Tota I Parking Lots 3 1 4 8 H WY 99 0 1 2 1 3 H WY 104 1 0 0 1 HWY 524 0 2 0 1 2 Downtown 1 0 4 5 Other 1 1 3 10 14 Total 6 8 19 The total number of pedestrian related collisions for the first two trimesters are typical of previous years. However. the total number of pedestrian related collisions in the third trimester is over 3 times more than it was in 2022 (6) and almost 2 times as much as 2021 (10). Since 2020, there was a significant decrease in pedestrian related collisions. However. the totals for 2023 resemble pre -pandemic numbers with 22 total collisions in 2018 and 28 total collisions in 2019. Packet Pg. 568 8.4.a Vehicle vs. Pedestrian Collisions by Year 3,-) 30 ;.) 2U 1 10 S 0 2018 2019 2020 2021 2022 Packet Pg. 569 201Q 202u 2021 2022 2023 8.4.a The last data set that I analyzed was intersection collisions. There were 204 collisions that occurred in intersections in 2023. There were many intersections that had multiple collisions. but some of the more prevalent locations are as follows: HWY �99 and 220th St. SW 90 HWY 99 and 228th S HWY 104 and 240th St. SW 220th St. SW and 76th Ave W 6 220th St. SW and 100th Ave W/9th Ave S 6 212th St SW and 72nd Ave W 212Mt. SW and 76thARv6reW 228th St. SW and Main St. and 9th Ave 13 The locations highlighted in red are locations that are controlled by traffic signals. while the locations highlighted in gray are controlled by stop signs (in at least one direction). Further discussion with the City's traffic engineer will be needed in order to identify if there is an engineering adjustment that can be made for these locations. However, one adjustment that can be made for the locations in red are the implementation of red light cameras. There are multiple studies that have been done that support the positive impact that red light cameras have on decreasing the number of violations, which lead to intersection related collisions. I believe that these could be a benefit at these intersections, as well as a few others that may not have the collision data to support it, but have a high volume of pedestrian traffic and a high volume of complaints about drivers running red lights (such as HWY 104 and Dayton St.). Packet Pg. 570 4, Costs and Offsets of a Red -Light Camera Program 8.4.a Are the costs of the camera offset or will they cost the city additional money? • VERRA charges $5000 per camera per month • Seven cameras would be $35,000 total per month • Court costs: Monthly 2475 tickets=$17,859 + $5000 (est. cost $24,900 per month) 2475 tickets a month would be 82.5 a day= 11 per camera, per day. • Court costs: Monthly 1680 tickets $16,722 + $5000 (est. cost $21,700 per month) 1680 tickets per month would be 56 tickets a day= 8 per camera, per day. • Police costs are currently neutral. • 2,475 tickets per month x $130 average fine = $321,000 •-$241900 costs • $262,000 delta in the positive per month • (A year: $3,144,000) • 1680 tickets per month x $130 average fine=$262,000 •-$21,700 costs • $229,300 delta in the positive • (A year: $2,751,600) Packet Pg. 572 8.4.a What is the impact related to court costs? • Individuals who request a hearing may choose whether to appear in -person or remotely. • IRLJ 2.6 requires that hearings be set within 120 days from the date of the notice of infraction. • These hearings take place from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 2:00 p.m. • Current calendars allow for 80 pro se infraction hearings per month. • Typically, ten infraction hearings are scheduled per hour, which provides an average of six minutes per hearing. Packet Pg. 573 Workload impact assuming (1) 2,475 red light citations per month; and (2) 1,680 red light citations per month. Assuming 2,475 red light citations each month with 18.5% of individuals cited requesting a hearing, this will result in an additional 458 infraction hearings per month. The increase in hearings would require Edmonds Municipal Court to move from infractions being held on two days per month to 13.5 days per month. . • Assuming 2,475 citations per month, Edmonds Municipal Court estimates that the increased Court Clerk workload from red light cameras would require an additional two to three FTEs. • The annual salary of a Court Clerk at Step One is $65,184. Including benefits, the total annual cost for one Court Clerk is $84,739. • This would result in a monthly cost per Court Clerk of $7,061. • If two additional Court Clerks were needed, the monthly cost would be $14,122. • If three additional Court Clerks were needed, the monthly cost would be $21,183. • Additional capacity could be created by increasing the pro tempore judge budget and bringing in an additional judicial officer to preside over additional calendars. • This would result in an estimated additional cost of $3,737 per month. • Assuming 2,475 citations per month, Edmonds Municipal Court estimates that its increased monthly costs would be between $17,859 and $24,920 8.4.a Packet Pg. 575 8.4.a • Assuming a total of 1,680 citations per month with 18.5% of individuals cited requesting a hearing, this will result in an additional 311 infraction hearings per month. • This is a 389% increase in the number of infractions hearings that Edmonds Municipal Court conducts each month. • The increase in hearings would require Edmonds Municipal Court to move from infractions hearings being held two days per month to 10 days per month. • Additional capacity could be created by increasing the pro tempore judge budget and bringing in an additional judicial officer to preside over additional calendars. This would result in an estimated additional cost of $2,600 per month. • Assuming 1,680 citations per month, Edmonds Municipal Court estimates that the increased Court Clerk workload from red light cameras would require an additional 2 FTEs. Edmonds Municipal Court estimates that its increased monthly costs would be $16,722. Packet Pg. 576 • Conservatively, based on conversations with Lynnwood PD, it takes approximately one minute to view three tickets. • In speaking with the Edmonds traffic sergeant, this workload would be split up among multiple officers, thereby minimizing the workload and staying current with the volume. • The infraction that is sent to the violator with a picture of the violation, the steps on how to respond to the infraction, and a hyperlink to view a video of the violation online. • The steps on how to respond to the infraction are decided upon by the court. • There is a boiler plate narrative from police on each ticket. • 2,475 tickets per month, divided by 3 tickets a minute, is 825 minutes a month (or 13.75 hours a month). • 1680 tickets per month, divided by 3 tickets a minute, is 560 minutes a month (or 9.3 hours a month). 8.4.a Packet Pg. 577 Options and Recommendations Red Light Camera Program 8.4.a Packet Pg. 578 8.4.a Pilot Program Red -Light Camera Sites: Three Intersections 1. 220t" and Highway 99: 5.3 (10 accidents) 20,000 cars per day 1. One approach :16101U1 1,1P.11116 MIN [o • • 2. 212t" and 76t" : 4.08 (15 accidents) 6000 cars per day 1. Three approaches 3. Hwy 104 and 100t" : 3.5 (six accidents) 13,000 cars per day 1. Three approaches Thre'71Mtersect�1,680 potential citations Packet Pg. 579 Install Cameras at six Highway 99 intersections an s•4.a three additional high accident intersections: Nine intersections total • 224t" and Highway 99: 12 Accidents, 16,000 cars per day • 220t" and Highway 99: 11 Accidents, 20,000 cars per day • 238t" and Highway 99: Five Accidents, 20,000 cars per day • • • • 216t" and Highway 99: Five Accidents, 20,000 cars per day Option 2 • 228t" and Highway 99: Three Accidents, 16,000 cars per day • 212t" and Highway 99: Two Accidents, 20,000 cars per day • 2201" and 761": 13 Accidents, 12,000 cars per day • 2121" and 761": 15 Accidents, 6000 cars per day • Highway 104 and 1001": Six Accidents, 13,000 cars per day Nine Intersections 2,475 potential citations Packet Pg. 580 8.4.a 0 • Install red-light cameras at three Highway 99 intersections and three non -highway 99 intersections. Six intersectiM2,077 potential citations Packet Pg. 581 Nrnnn The proposed red-light camera enforcement systems (assuming approval and agreement modification) will take several months into 2024 to engineer, install, and incorporate into the eco-system we are currently designing for school zone cameras. I For 2024, best case scenario is having cameras operational by July, so for the remaining six months of the year they would be functional. The proposal is to install red light cameras at determined high accident risk intersections. 8.4.a �•l 1 f*] „l 1=00 1 1 f / eographic U 0 As 2 N� I.f. d :.i O a O E W Packet Pg. 583 Economic and Geographic Differencesin camera placement = A Camera violations do not distinguish gender, economic status, race, etc. Most Highway 99 traffic is through traffic travelling through the city to other destinations. Highway 104 and 100t" would potentially capture those heading to the ferry or living in the Edmonds Bowl. 212tn/220tn and 76t" captures a more residential area of Edmonds and high school traffic. 8.4.a Income by Location Use the dropdown to filter by race/ethnicity. RACUETHNICITY Total HIGHEST MEDIAN HOUSEHOLD INCOME (TOTAL) 1. Census Tract 506 2. Census Tract 503 3. Census Tract 502 In 2021, the place with the highest Median Household Income (Total) in Edmonds, WA was Census Tract 506 with a value of S191,250, followed by Census Tract 503 and Census Tract 502, with respective values of S152,613 and S131,136. The following map shows all of the places in Edmonds, WA colored by their Median Household Income (Total). Data from the Census Bureau ACS 5-year Estimate. 0 ❑a ston View Data Save Image 4 Aountlakc Share / Embed Add Data to Cart Aiderwood Manor Mill Crcck North Cry O OpenStreetMap contributors. © CARTO Median Household Income $40.9k - $69.8k $69.9k - $92.2k $92.2k - $124k 0 $125k - $190k E $191 k+ 2013 2014 2015 2016 2017 2018 2019 2020 Packet Pg. 585 Citation Information g Packet Pg. 586 Pa�4 DECLARATION OF NON -RESPONSIBILITY Complete the Declaration of Non Responsibility If you wero not the driver. This Doctanfnm may no1 be used by amployors/pnncipals to he"fal.spons,NNy b their emptuyaeslagents. As a mane, of law. a vehicle ,egistared 10 an empby"lo"crpal that Is tlriven by an employee remains h the "cam, custody, aM mnhol' a/ the ampbyer/agent and thus, file empbye,/pnncrpal is responsrbla To, the payment of the penalty. Notice Number: Liens. Plata Number: State: I received the above-releranced Notice of Inhactlon. At the time of Mindu e Aollrbon llld In the Notice of Infraction, the vehlcla described In the Notice as ( I Stolen () Sold I I In the care, custody, or control of another person Tno statement —, rebuts the prasumptmn of 1 ad q Vou may also provide the loeovnng Infor—bon to confirm espors:blity a odice repUn (,electing the vehicle was elites). Report of Sale from the DepaUhhent of Licenairag (mnecting that the vehde was sad). or the person ITIO had care, custodyor co,"i of the vehhde at the lime of the violation Driver's Name' _ Drlver'a Address: CityState ZIP I declare under penalty of perjury ,it,, the limn of this State of Washington that the Information provided In this Declaration is true and correct to the best of my knowledge. Signed this_ day of (month)_(year) at (cly state) Print your name Telephone N—I,ar your street address Coy. State ZIP Return the Completed and signed Declararon Lynnwood Municlpal Court 19321 Oath Ave W Lynnwood, WA 98036 STATEMENT OF DECLARATION FOR HEARING BY MAIL Thu following le my wines statement for my mitigation or contested hearing. PUT—: to IRLJ 3 5(a I(4) there can be, n. appr:rl Irn,- a tletSirn o^ a written statammmt I declare under penalty of ,jury under the laws of the State of Washington that the IMnrm rtion provided! in this declaaion UT true and cor t Io the bast of my knowledge. Dated thls_day of ,2_., (city, state) Signals. NIraai$rawl LYNNWOOD MUNICIPAL COURT Pege3 Hearing Request Form Automstad Traffic S." Canon IOU uUST RESPOND TO T.s iglKE aF INFRAGMIH WRHH THIRTY-THREE 111) all OF ns DATE TTIE HOME WAs YAIFD. wihee nsperrss raaral M alai Ilesmra,ssel na rm Mn mdngM m M ssy Or reeaPsae 4 em. REQUEST FOR HEARINGNm : < Dw.on recalwy • Pea Mecca, Mxb w eassme by r soory ra bale, so* mnrns They m.Dwd b M more oy miw nr renew Thal Ym ,mud t a ine a .umm . DM.,.ssn a 1MRppaIMRy. Thar mavn a «raw w aver : ,i irw+wooawa a«.ears. to may ,.,Dina a ,Maweer m.X. Dw.w wl.r m M mmm cum raaw M dwraam win m M iw,A a re Da9a ..ma you woub IiM io rave a Mwiy. yin msy m9unl ahMr a MInWlION HEnNING a • LONIESTED HEAR,NO WbsHwa hw.cn A asfiriM Ebbw. S�M4rmtT!uttpaucm ML wGwid H far sew am mpoms. Mara ras LYmweea YrlDW coral erwaan a:]a AY.rd aim Pr w I.el1 noamo. MIIaIAITON MlAPoNG pN PERaON): B Psrwn aMraefd)]aa®T, you span m app.rt a ynur acnMura rwnry a that you w r emlrW b Nw ronuMwe M iNr.,em. Vou ^W rsN neNeoa wNMaa b M M.nry Vm warb rawwH • 'n:Mann I yin qa. you cwmia M ssr.ctm Y- Euh OW+e M amrntrcw mry Ee .W, is is ran rm reaucs or www M Danny vm w. rmtawP n n^uO a Your miaassn hrmk9 en.. Ym inn a:err M neersie R.msn rawwr Sabaasuamn—aa Ibsave Dmrya.m DTanLynrwaoem.e«rmwL aay0A111IlN YeMaaO My aua- Y --Aw; selme a.vaa.ro n moil You Mve M ogion a. MawaaeOaaer (sty mr l ef.a): Ym w w a rerAea b rpa b mrt aWa, sh mug mngrr • Dha.114snf. 6Wemerh rb DaJw.em .ra nre M mirm b M .diar blow. TN errs w .dew yaw awrraere rearr Rim ay eltrlrmss. M I IN, dNaYa awwn atar.m R, 1M DlmmeYnn a M .l ilr aar.1. w r bW mnnae.e ad •misty raises w s aNlmewd TM MPT m« ,mum M Darra.r e.Daiwy m rry mxgmy draxlwuree. Ths coon w maa.4edaon.d yin w a miss b rriq aThe kme.'. fairy.. CMWSTED HeAfrG ON Pang At a masked bes" M CPr va me 0.rssn a —N by . DNmnssrwvo a M evdawe em M ns.caon aaha rmhaa vm m« rRI—arum. YW Wii M am r — n.uM tM maa a Mrctm Vw w M — in w" a yw, —ve you mrsr«wrM Munro Reeser ra.Pon Esbs w wMM—r salmvnlmrepecumDWwatLrwwamwe.am— cONT MO HGLRehG (BY MAILI: li,.re4 a sDDsaar n mot you Mrs M PDEm a • -Naas Mercy (W mu.nr. ): y u w w r mus4 b amaar in ,inn. Inr mur cw.w. D—. suwmm .d Dedsbn ham cues, b M Lyo:wmo wish, Cowl TN cw- w nor« yore aecurmo., wvd.r.r �«.ry a1.Nirisnb. M DDer arch. pan am«rwv and M Ivm--- a M ,,ties. Tne — wr maw uI bcem r •+ir,Daearra+Ea iwar.en..iaiyaMliro.'. nrame.. TTraamheN m.DDwowna mmna.ar wrN.wa Er w..in... Vcu con aMa M hearse Rawma cwaon Eapw a auMM--sayy b rn rmdape and Dior r LywNooaeapwrmn io aDDar tar . rsmmse MMYg w Irua b PaY . Dorsal' rieo.aa aM • liaaisN wa muX m your Hoa'ca a henxsm iwne ,re,wa ro e na agM:ET, seeNMW Dariaaes pw ,oreraan wa. w be eoasa b M D Taevd Irn.Ih F DaY. a hill o,. to p .mr r . rs9r.l hsrsie. mw hisaa m This rwr craw ware.faElabasae r.aewtr.rirw ara..a n... 1a Ewn..U.Md. r. ns.er rmwmww. ra.X..e. M.ar.ss a r,ry woes em w.aow wmw. mawn.rwawr,.am raw.mm. w.•wers+ir_w.+a. NAME: Itr2021 IrmrYwrrmxrwbwsr niYra�paawari NOTN;E e: 035230p300915 VERSION: 1 „ip6Rp23 3a..rs,+.seWrwa w�p PLATE: c-El 4 STATE: WA amrar,s�m: a HEMMG COUPON Lynnwood Municipal Court 19321 44th Ave W Lynnwood. WA 98036 rgu rar Raven No uTr T1fM1 aaONMR ON al ryas THE eta an al lllt#ONf aTlr IIOIIgL rm r h W rrr r ar Raaw r aakrm eMsa a aeaa a w. era ta. Nasae r arYL err ilMarw a✓iYl. eaaaws a.IIA assss — wa a srs s.aa:e rn. qss it saw — cur sr .mina awn rasa sw a .arw aai.Y wawa, Nnr/:w I---.. mri w.lerasaa a- be- rrrra.Mssr rwa.harbna mgaLRawme A.w rwhr l... as srs eimmr sssra araswa.r r a.amd s.a,.shsw wa.aa aeirav mr O►rLPawese ws wa.h fossHe 1Lle.rws M a..rmi a taarmrarsrYa.... w—McM.malaii ar«ws. nrr.a rrrarle as as,weed.,., mire aIm s.«amimrsa a sew are asgerm arrr saMk as rheaaeo.. w�ewr rcuM.m Mrarwr..areassMrwW.1r.we•al=rPa.MasIwsassewaLwraaaaa ne wIaanWawaalrwltYrhamaMws.r.sreaamaraweaM.wareesam ssw �s.,-ward a is esi.ss•:..awre:tiimw.nr»mr.rs.wWw.rw�anarrIaarl.ab.mrssMWaa.wOsbcrdaaw.lIbyatwbrNhr..warwMa1r/ah..ww.maaaa.,ne.Mwr..Wmm eai..avT.aumr.irarWInliskaerararasagarMwbsswwa-maarfb.aaIwwMrremab. wssse•w wrrla. waMawrayb.wsrrahmma.rbiWa.nriERWwecM1aWDw.ararra+.aararMa.ra9asbmwM unansrRpMeawerr rtiwaigw rvaerrsa0 e.lrmaaaawb.rgr.araRr.LwWa:,aey. saa.Rebass Aran wanaut's /Ie se-aieor4absawa MSYObawawsga•Llrsalki—i-rrver,� rararrraw xwsleaaW bib irrslMd Irr—Reassess W aarasea keys alcumase. miuraaubnr T baeve nbw aer aw asaar curs im aa,aw n w worm. siwe r.mN ivrriaa. s wmq am mraYA�w WWHmaw Wraarwrrmrmr.rmrYm rMm iarre lssmr, Wabi.wiaw Mvae awcan cur.,:. rp.r�r.rrama Maws srlmrssM. an Yn�aaaq r��aorraMaayaurawMbwawsabsmbmnaFarw rraawpy.v rasasaherr ass airs ewraawnsa.rnnr.aaiwP. nam n n• aa; o.,E o-r....,�.,.. ,. Dw�n< _w :,,.. :. �,w, ramraawar.m>arwaa,o-.o-m«.yam nEysE oo ro+waa seat. rPwn m. wa� a. e. mAmmshse� TIa w.mrmrie w. a.ra m e .y o-a.. abewr bind, rrw. a-n Au m. m w a p e.,n Pm+.a caw mime . wl:, .aa a._,. w tra.n .�ra Par«awi.r+,amTolavo eaD Au b.m Pv rw.. woyn.nM o-.wmam.mmnmw „r. r.qu. a. pq.eea Pan.wr M Lyas.oaa uabgr coin r aair.e m new bnT r rqb �+ Mrs ami am: navrw.N v Aa rsiawa.Ir ear ..r,w r•ian.evy mlwbn a r i. ,aim.ai.,w a ry •^r•v v Pa Mown Pr m.r r sine ar W. b M.w rr aria b Y r yw aw ar a .<ir.iDm,am+aa..Rwo-aarwr.TPww.mi.+ar«rr..Ln..�a,: rmP+�aiam'�'"oa,,.rP%r,.�.e �oym.remni:.n� a ya+ � cur n m Pw. lr a ear.., a n ra a.. rah r I.lr ehoala. .s.0 « ahXy w . O.owwm a Nen.R.yoil.ur hem a ar . b Lrrmma aa.vaaa Cml nor ar GM. r]e1 caw awns . Lyrwml WA.eaM rM rim. as w nrrra aw PuaP,ip. rtl.r.a, rl rpT waurryy.aria in M sore. a . rer a.—.oldmwk.b—. awn..—.m l.=rmrmo—'. o-nar. a fi_. wDwaawy am m r a.rmm a 9.+e b i1EYWYY� w .r . con m p .i. . r. >. ., ..• Ts Packet Pg. 587 Info. L LYNNWOOD w A S H I N G T O N City of Lynnwood, WA REVIEW EVIDENCE Print © Photosensitive Warning: Videos may contain flashes of light that may be harmful to those who have photo sensitivities Click on an icon below to view an image or video associated with your violation EOibitA Exhibit License Plate Video clip 0 Frequently Asked Questions 1111Y23, 12 ac : hone ADDITIONAL RESOURCES 4 R � Hearing Request Pay Your Declaration of Non- Form Infraction Responsibility Form Need to talk to someone? Get help by phone. 1-866-790-4111 Monday - Friday between the hours of 5:00 am - 5:00 pm (PST) Please direct email inquiries to Info@Vlolationlnfo.com include your Notice a in your a -mail. Copyright 0 2022 Vero Mobility. MI right: q *r d. P,Nscy Policy I Terms L Conditions I cookies Policy I Accessibility Info -,,n Packet Pg. 588 What about School Zones? School Zones In The City • The next document shows the schools within the City. • The schools highlighted in green are the schools currently in the process of getting a camera. • We would have to request the vendor to come out and do a speed study to determine whether that specific school would qualify for a speed camera. • Cameras went up in January • There was 30-day warning period. • Almost 900 warnings were given during that 30-day period • 900 x $130 = $117,000. Five cameras at 5k each = $25,000, assuming highest in city of 2475 citations a month, max cost $24,920 a month, $117,000-$49,920 = $67,080 or I 8.4.a Packet Pg. 590 jx School Zone Times 8.4.a 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 11 B C, H School Zone Times Early Release School Zone Scnocl Address Office Phone Start Time End Time Times Flashing Lights On Off Chase Lake Elementary 21603 84th Ave W 25-431-749 8:40 15:10 11:40 8:10 8:50 15:00 15:30 Edmonds Elementary 1215 Olympic Ave 425-431-7374 3:00 14:30 11:00 7:40 8:10 14:20 14:50 Seavie%v Elementary 8426 188th St. SW 425-431-7383 8:00 14:3C 11:00 7:40 8:10 14:20 14:50 Sherwood Elementary 22901 106th Ave W 425-431-7460 9:20 15:50 11:00 9:00 9:30 15:40 16:10 West ate Elementary 9601 220th St. SW 425-431-7470 8:40 15:10 11:40 8:20 8:90 IL 15:00 15:30 Madrona K-8 9300 236th St. SW 425-431-7979 9:20 15:5C 12:20 9:00 9:30 15:25 16:10 Maplewood K-8 8500 200th St. SW 425-431-7515 9:20 15:50 12:20 9:00 9:30 15:40 16:10 Holy Rosary K-8 770 Aloha St. 425-778-3197 8:10 15:15 Mondays 7:55 8:25 13:30 15:05 15:35 Edmonds-Woodway HS 7600 212th St. SW 425-431-7900 7:20 13:50 10:30 7:00 7:30 13.40 14:10 Scriber Lake HS 23200 100th Ave W 425-431-7270 8:35 14:38 11:32 8:15 8.45 14:28 14:58 Packet Pg. 591 8.4.a End of Presentation "k iiiiillllln Packet Pg. 592 8.4.b Councilmember Dotsch commented she saw something recently about Porchfest and asked about the cost. Ms. McLaughlin answered the intent was to empower residents to do things on their own; Porchfest is an example of how that is working. Councilmember Dotsch asked about the budget for Porchfest. Ms. McLauglin answered there is no funding in 2024 for Porchfest; she believed a nonprofit organization had been formed and it was not City supported except get it to where they are which is very exciting. Councilmember Eck commented whenever that many people come to the City core for 4t1i of July, Porchfest, etc., it increases revenue and results in repeat customers. She asked whether Ms. McLaughlin or Mr. Tatum have considered what that looks like. Ms. McLaughlin answered they have had conversations with downtown retailers relative to those events and the anecdotal answer is yes, it those events boost business. One of the exciting things that came out of reimaging is leveraging those events to advertise other City events. For example, bringing hundreds of people out for a comprehensive plan conversation typically does not happen, but combining that with a music festival or an exciting public event leverages the money that would have been spent on a basic public open house that a fraction of the people would have attended. It is a great way to get money to go further. Councilmember Eck commented she knew of a number of people who made a day of those events with brunch, dinner, shopping. She agreed those events inspire that type of behavior. Councilmember Nand commented as a former Edmonds Chamber of Commerce board member, the City is not responsible for the 4t1i of July, that is put on by the Chamber, although the City helps subsidize it by providing security. There have been issues in the past where the Chamber feels the City takes credit for their events, using their images without permission, etc. For the public's edification, she wanted to clarify the 4' of July is funded by the nonprofit Chamber and has no General Fund impact other than subsidizing it via a police presence to manage crowds. Mayor Rosen declared a brief recess. 10. PRESENTATION 1. RED LIGHT CAMERA PRESENTATION Mayor Rosen reminded this is intended to be a presentation and discussion only, no action will be taken tonight. Police Chief Michelle Bennett explained they were asked to return with more data about red light cameras. Data for 2023 was received two days ago which will be included in this presentation. She reviewed: My Edmonds News o From hiring challenges to Hwy 99 to homelessness, new police chief addresses community questions o Posted: November 22, 2021 o Chief Bennett made it clear that she would like to see traffic cameras at every school crossing; in fact, "I would make all traffic infractions covered by cameras." Traffic issues, she added, are the number -one complaint the city gets. Fair warning. — By Bob Throndsen Using cameras for traffic -related citations tends to lead to less conflict between officers/police department and drivers because a camera states evidence that is hard to argue with versus discretionary decision making by officers which can often lead to anger, disruption and poor relations with the police department Comparable Data o The intersections suggested are the highest volume intersection related accidents in the city. Edmonds City Council Draft Minutes Q February 20, 2024 Page 19 Packet Pg. 593 8.4.b o Lynnwood, Kent, Lake Forest Park, Renton, Sea-Tac, Seattle have these, and many other agencies (Everett, Bothell) are also looking at them. o The City of Lynnwood is a relevant comparable city. 2022 Annual Automated Traffic Safety Camera Report X Lynnwood Police Department Per RCW 46.63.170 cities using automated traffic safety cameras must post an annual report of the number of traffic accidents that occurred at each location where an automated traffic safety camera is located, as well as the number of notices of infraction issued for each camera on the Ciy's website. The below data comprises the number of accidents and citations issued at each respective intersection and sch0ot zone where traffic safety cameras are deployed. Intersection Number of Citations 'Numberof Accidents 36a 1 196th St S.W. 6,070 3 4411 / Ald. Mall Blvd. 3,514 8 " 44- / 196r" St S.W. 0 - Under Construction. 6 1841h I Aid. Mall Pkwy 4,728 6 1961° / Aid. Mall Pkwy 14,163 2 Maple / Md. Mall Pkwy 1,900 3 1;" J Hwy 99 2,834 5 1 -1/ 0°sts.W. 5,063 8 " Hwy 99 / 200- St S.W. 1,164 3 School Zone Numberof Citations Numberof Accidents 18200 -18800 BLK 44th Ave West 4,175 1 5500 - 6600 BILK 168th St S.W. 2,660 4 -number or "moena repor—i renea wnisions oaurring wnnm me mcersemon. Lynnwood Cameras: Red Light Camera Accident Reductions - Cameras went live in 2011 ■ 2022 44 Lynnwood Red Light Camera Collisions ■ 2021 36 ■ 2020 29 ■ 2019 11 w ■ 2018 14 „o ■ 2017 20 ■ 2016 80 ■ 2015 92 ■ 2014 83 ■ 2013 111 / ■ 2012 161 ,a • Didn't some cities do away with red light cameras: o Called Kent Police Chief Padilla, `Heck no, they are very effective for the city, we are actually adding six more. Also funded our body worn camera program.' When asked if rear -end collisions increased, he stated that they have actually gone down. o Kenmore is adding two cameras this year. o Auburn: Researching their website yesterday, led me to their links about photo enforcement... Reinstating cameras: March 22nd , 2022, adding 6-12 cameras. o Communicated with Redmond Police Lieutenant Julie Beard and Chief Darrell Lowe, ` We had them in around 2012 for several months, Microsoft lobbied hard (with company attorneys assisting) against them. We've been talking about putting them back.' o Communication sent to Chief Ted Boe of Burien PD. Chief Boe said they have `not had them in at least six years, speculated reason for removal was labor based, lowest staffed city and most calls per service in King County; no new officers in 12 years. No traffic cars or motor officers are assigned to the city. We have 26 cops to handle 21,000 calls per year. • Accidents and Safety o Edmonds Proposed Pilot Red -Light Camera Program: Collision Data ■ Data for accidents in Edmonds intersections was collected from 2020-2022. Edmonds City Council Draft Minutes Q February 20, 2024 Page 20 Packet Pg. 594 8.4.b ■ An analysis of collision data was conducted, in addition to gathering input from the officers who investigate many of these collisions. ■ Also considered were officer's observations of high pedestrian areas as well as areas of common citizen complaints. o Accidents: Three Years of Data (2020-2022) Potential Red -Light Camera Intersections (A formula was used to analyze potential intersections based on high traffic volumes and high numbers of accidents.) ■ Highway 99 - Total: 39 accidents - Highway 99, (11* intersection verified) - Average Daily Traffic: 6,000-20,000 cars *there is a percentage of intersection related accidents miscategorized, up to 75% o Six Potential Highway 99 Red -Light Camera Intersections ■ 224th and Highway 99: 12 Accidents, 16,000 cars per day ■ 220th and Highway 99: 11 Accidents, 20,000 cars per day ■ 238th and Highway 99: Five Accidents, 20,000 cars per day ■ 216th and Highway 99: Five Accidents, 20,000 cars per day ■ 228th and Highway 99: Three Accidents, 16,000 cars per day ■ 212th and Highway 99: Two Accidents, 20,000 cars per day o Additional High Accident and Car Volume Intersections (Non -Highway 99) ■ 220th and 76th: 13 Accidents, 12,000 cars per day ■ 212th and 76th: 15 Accidents, 6000 cars per day ■ Highway 104 and 100th: 6 Accidents, 13,000 cars per day Comparison of Daily Intersection Traffic Volumes (high to low) o Verra Mobility Rating (high to low) ■ Column L on spreadsheet represents the number of daily projected violations for that specific movement (based on the running of their algorithm). ■ If all 9 were installed, the total would be 50.4 total per day based on Verra Mobility's algorithm. 50.4 x 30 = 1,512, x 31 = 1,562 violations per month o Highest Rating per Verra Mobility (combined with accidents and Average Per Day Car Volume) ■ 220th and Highway 99: Verra Rating- 5.3 (10 accidents) 20,000 cars per day ■ 238th and Highway 99, Southbound: Verra Rating- 4.72 (five accidents) 20,000 cars ■ 228th and Highway 99: Verra Rating- 4.05 (three accidents) 16,000 cars ■ 212th and 76th Northbound: Verra Rating- 4.08 (15 accidents) 6000 cars ■ 212th and 76th Westbound Verra Rating- 4.06 (15 accidents) 6000 cars ■ 212th and 76th Eastbound Verra Rating- 3.99 (15 accidents) 6000 cars ■ 238th and Highway 99 Northbound: Verra Rating- 3.91 (five accidents) 16,000 cars ■ SR 99 and 216th : Verra Rating- 3.68 (five accidents) 20,000 cars ■ Hwy 104 and 100th Southbound: Verra Rating- 3.5 (six accidents) 13,000 cars ■ Hwy 104 and 100th Northbound: Verra Rating- 3.42 (six accidents) 13,000 cars ■ SR 99 and 224th : Verra Rating- 3.41 (12 accidents) 16,000 cars ■ Hwy 104 and 100th Westbound: Verra Rating- 3.19 (six accidents) 13,000 cars ■ SR 99 and 212th Verra Rating- 3.1 (two accidents) 20,000 cars Pedestrian accidents are another potential danger of intersection related crashes o Analysis from 2020-2022 ■ 220th and HWY 99 = 1 ■ 212th and 76th = 2 ■ SR 104 and 100th = 0 (Recently a homicide at the light at Hwy 104 and the 8800 block, (12 blocks away) Intersection related near pedestrian crash. Academic and Empirical Research o Empirical Research Says: Edmonds City Council Draft Minutes Q February 20, 2024 Page 21 Packet Pg. 595 8.4.b 9 ■ Road crashes are a prime cause of death and disability, and red- light running is a common cause of crashes at signalized intersections. - Red-light cameras are increasingly used to promote compliance with traffic signals. 13 Manual enforcement methods are resource intensive and high risk, whereas red- light cameras can operate 24 hours a day and do not involve high-speed pursuits. ■ More than one million crashes occur annually at traffic signals in the United States, and red-light cameras increasingly are being used to supplement police -enforcement efforts by automatically photographing vehicles whose drivers run red lights. ■ Red-light running at signalized intersections is a significant crashes and approximately 1,000 deaths per year. - Red -light -camera systems aimed at reducing this problem have become a popular tool in local jurisdictions. Recent Article in My Edmonds News: ■ In Washington state, traffic fatalities were up 38% last year compared with 2019, reaching a 30-year high. In response, the state is considering expanding its limited speed camera use. State officials plan a visit to Finland next month to see how that country used automated enforcement to reduce traffic deaths. ■ "Law enforcement has really stepped back from enforcing traffic laws," said Jonathan Adkins, CEO of the Governors Highway Safety Association. "We have to get police back out there and get support for police back. But this has to be done the right way, and it has to be done fairly. And we do want to look at technology — cameras don't see race, they don't see gender." ■ Two Pedestrians Struck in Perrinville Neighborhood Sunday Empirical Studies related to Red Light Cameras (Academically based) ■ National Academies of Sciences, Engineering, Medicine ■ Insurance Institute for Highway Safety ■ Safety Evaluation of Red -Light Cameras, Federal Highway Administration ■ National Library of Medicine ■ Journal of Safety Research ■ National Academies - National Academies of Sciences, Engineering, and Medicine - American scientific academy - The National Academies of Sciences, Engineering, and Medicine, also known as the National Academies, is a congressionally chartered organization that serves as the collective scientific national nationalacademies.org - Founder Federal Government of the United States - Headquarters Keck Center • 500 5th Street, NW, Washington, D.C. 20001 - Subsidiaries National Academy of Sciences (NAS) • National Academy of Engineering (NAE) National Academy of Medicine (NAM) - Legal status Congressionally Chartered Nonprofit Organization - Purpose Provide independent, objective advice to inform policy with evidence, spark progress and innovation, and confront challenging issues for the benefit of society. - Location Executive Office National Academy of Sciences Building 2101 Constitution Avenue NW, Washington, DC 20418, United States - Membership Scientists, engineers, and health professionals - The National Academies of Sciences, Engineering, and Medicine - (NASEM), also known as the National Academies, is a congressionally chartered organization that serves as the collective scientific national academy of the United Statesl. These esteemed institutions provide independent, objective advice to inform policy decisions, ignite progress and innovation, and address complex challenges for the betterment of society2. - National Academy of Sciences (NAS): Edmonds City Council Draft Minutes Q February 20, 2024 Page 22 Packet Pg. 596 8.4.b o Reference in presentation to numerous studies/research o Governor's Highway Safety Association www.ghsa.org @GHSAHQ ■ Pedestrian 2021 PRELIMINARY DATA (January - December) - Automated traffic enforcement (particularly speed enforcement), while controversial, has irrefutably led to reductions in motorist speeds and crashes. A literature review of studies evaluating speed cameras concluded that all studies measuring speed or speeding saw reductions when the cameras were present. 31. Cecilia, W., Charlene, W., Joan, H. K., Le Brocque, R., & Bellamy, N. (2010, November 10). Speed cameras for the prevention of road traffic injuries and deaths. https://doi.org/10.1002/14651858.CDO04607.pub4 32 Sep 9, 2022 — The Washington State Department of Transportation (WSDOT) just released the numbers of pedestrian deaths of 2021, and it has hit a 20-year high. o Pedestrian Fatalities on the Rise in Washington State o Washington State sees a high number of pedestrian fatalities on its roads every year. Even though lawmakers have enacted measures to reduce traffic- related deaths, our numbers have continued to claim. Pedestrians continue to be vulnerable road users, with nothing to protect them from the force of a colliding vehicle How Many Pedestrian Fatalities are There in Washington? o More than 100 pedestrians are killed by motorists every year in Washington State. o However, that does not paint the full picture of the hundreds of additional pedestrians who are struck and seriously injured on our roads. Not to mention, the lives of families and friends impacted by each victim. City researched red light cameras in 2008 o September 19 2008, Everett Herald reported Edmonds approved trial run of red light cameras at Highway 99 & 200', Highway 99 & 238t' St SW and Edmonds Way & 100t' Ave W 2023 data o 2023 Collision Results Month of Year Total Collisions Fatal Collisions Injury Collisions Number of Fatalities Number of Injuries January 48 0 6 0 6 February 45 0 12 0 14 March 43 0 6 0 6 April 43 0 8 0 8 May 49 0 7 0 10 June 52 0 16 0 18 July 41 0 10 0 14 August 51 0 13 0 18 September 55 0 12 0 15 October 49 0 13 0 15 November 41 0 12 0 13 December 44 0 1 5 0 5 Report Totals: 561 0 1 120 0 1 142 o Heat map of accidents: 2023 CC 0 ,4 Edmonds City Council Draft Minutes Q February 20, 2024 Page 23 Packet Pg. 597 8.4.b o Total accidents by day of the week: 2023 Day of the Week Total Collisions Fatal Collisions In)ury Collisions Number of Fatalities Number of Injuries MONDAY 86 0 19 0 23 TUESDAY 79 0 18 0 22 WEDNESDAY 83 0 11 0 11 THURSDAY 74 0 16 0 20 FRIDAY 103 0 22 0 24 IT DAY 77 0 18 0 21 SUNDAY 59 0 16 0 21 Report Totals: 1 561 0 1 120 1 0 1 242 o 2023 Pedestrian Accidents 1 1 2 3 Total Parking Lots 3 1 4 8 HWY99 0 2 1 3 HWY 104 1 0 0 1 HWY524 0 2 0 2 Downtown 1 0 4 5 Other 1 3 10 14 Total 6 8 19 o 2023 Vehicle vs. Pedestrian accidents 35 30 25 20 1s 10 0 2018 2019 2020 2021 I022 2023 o Intersection related collisions total and location ■ Total of 204 collisions occurred in intersections in 2023. Many intersections that had multiple collisions, but some of the more prevalent locations are as follows: ■ Locations highlighted in red are controlled by traffic signals; locations highlighted in gray are controlled by stop signs (in at least one direction). Further discussion with the City's traffic engineer will be needed to identify if there is an engineering adjustment that can be made for these locations. However, one adjustment that can be made for these locations in red is the implementation of red light cameras. Traffic Sergeant Recommendation o The implementation of red light cameras at specific locations would also help decrease the number of collisions in Edmonds. In addition to decreasing collisions, the cameras would decrease the risky behavior that results in collisions, even in locations where ethe number of collisions is relatively low. The Edmonds PD Traffic Unit will continue working with other Edmonds City Council Draft Minutes Q February 20, 2024 Page 24 Packet Pg. 598 8.4.b members of the City as well as the Snohomish County Target Zero Task Force to promote vehicle and pedestrian safety. - Sergeant Kraig Strum #2833 Are the costs of the camera offset or will they cost the city additional money? o Verra charges $5000 per camera per month ■ Seven cameras would be $35,000 total per month o Court costs: Monthly 2475 tickets=$17,859 + $5000 (est. cost $24,900 per month) 2475 tickets a month would be 82.5 a day-- 11 per camera, per day. o Court costs: Monthly 1680 tickets $16,722 + $5000 (est. cost $21,700 per month) 1680 tickets per month would be 56 tickets a day-- 8 per camera, per day. o Police costs are currently neutral 0 2,475 tickets per month x $130 average fine = $321,000 ■ $24,900 costs - $262,000 delta in the positive per month - (A year: $3,144,000) 0 1680 tickets per month x $130 average fine=$262,000 ■ $21,700 costs - $229,300 delta in the positive - (A year: $2,751,600) What is the impact related to court costs? o In Lynnwood Municipal Court, 18.5% of people who received parking citations in 2022 requested a hearing. ■ Individuals who request a hearing may choose whether to appear in -person or remotely. ■ IRLJ 2.6 requires that hearings be set within 120 days from the date of the notice of infraction. o Edmonds Municipal Court currently conducts pro se infractions hearings on the second and fourth Fridays of the month. ■ These hearings take place from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 2:00 p.m. ■ Current calendars allow for 80 pro se infraction hearings per month. ■ Typically, ten infraction hearings are scheduled per hour, which provides an average of six minutes per hearing. o Workload impact assuming (1) 2,475 red light citations per month; and (2) 1,680 red light citations per month. o Assuming 2,475 red light citations each month with 18.5% of individuals cited requesting a hearing, this will result in an additional 458 infraction hearings per month. ■ This is a 572% increase in the number of infraction hearings that Edmonds Municipal Court conducts each month. o The increase in hearings would require Edmonds Municipal Court to move from infractions being held on two days per month to 13.5 days per month. o Assuming 2,475 citations per month, Edmonds Municipal Court estimates require an additional two to three FTEs. ■ The annual salary of a Court Clerk at Step One is $65,184. Including benefits, the total annual cost for one Court Clerk is $84,739. - This would result in a monthly cost per Court Clerk of $7,061. - If two additional Court Clerks were needed, the monthly cost would be $14,122. - If three additional Court Clerks were needed, the monthly cost would be $21,183. ■ Additional capacity could be created by increasing the pro tempore judge additional calendars. - This would result in an estimated additional cost of $3,737 per month. o Assuming 2,475 citations per month, Edmonds Municipal Court estimates that its increased monthly costs would be between $17,859 and $24,920 Edmonds City Council Draft Minutes Q February 20, 2024 Page 25 Packet Pg. 599 8.4.b o Assuming a total of 1,680 citations per month with 18.5% of individuals cited requesting a hearing, this will result in an additional 311 infraction hearings per month. ■ This is a 389% increase in the number of infractions hearings that Edmonds Municipal Court conducts each month. o The increase in hearings would require Edmonds Municipal Court to move from infractions hearings being held two days per month to 10 days per month. o Additional capacity could be created by increasing the pro tempore judge budget and bringing in an additional judicial officer to preside over additional calendars. This would result in an estimated additional cost of $2,600 per month. o Assuming 1,680 citations per month, Edmonds Municipal Court estimates that the increased Court Clerk workload from red light cameras would require an additional 2 FTEs. Edmonds Municipal Court estimates that its increased monthly costs would be $16,722. What are the impact to Police? o Conservatively, based on conversations with Lynnwood PD, it takes approximately one minute to view three tickets. o In speaking with the Edmonds traffic sergeant, this workload would be split up among multiple officers, thereby minimizing the workload and staying current with the volume. o The infraction that sent to the violator includes a picture of the violation, the steps on how to respond to the infraction and hyperlink to view a video of the violation online. ■ The steps on how to respond to the infraction are decided upon by the court. ■ There is a boiler plate narrative from police on each ticket. 0 2,475 tickets per month, divided by 3 tickets a minute, is 825 minutes a month (or 13.75 hours a month). 0 1680 tickets per month, divided by 3 tickets a minute, is 560 minutes a month (or 9.3 hours a month) ■ Traffic Unit indicates 9.3 hours/month is doable within their current work shifts or by offices on light duty Options and Recommendations — Three Potential Recommendations o Option 1 1. 220th and Highway 99: 5.3 (10 accidents) 20,000 cars per day ■ One approach 2. 212th and 76th: 4.08 (15 accidents) 6000 cars per day ■ Three approaches 3. Hwy 104 and 100th: 3.5 (six accidents) 13,000 cars per day ■ Three approaches, Three Intersections 1,680 potential citations o Option 2 ■ Install cameras at 6 Highway 99 intersections and 3 additional high accident intersections, 9 intersections total 1. 224th and Highway 99: 12 Accidents, 16,000 cars per day 2. 220th and Highway 99: 11 Accidents, 20,000 cars per day 3. 238th and Highway 99: Five Accidents, 20,000 cars per day 4. 216th and Highway 99: Five Accidents, 20,000 cars per day 5. 228th and Highway 99: Three Accidents, 16,000 cars per day 6. 212th and Highway 99: Two Accidents, 20,000 cars per day 7. 220th and 76th: 13 Accidents, 12,000 cars per day 8. 212th and 76th: 15 Accidents, 6000 cars per day 9. Highway 104 and 100th: Six Accidents, 13,000 cars per day ■ Nine Intersections 2,475 potential citations o Option 3 ■ Install red-light cameras at three Highway 99 intersections and three non -Highway 99 intersections. Edmonds City Council Draft Minutes Q February 20, 2024 Page 26 Packet Pg. 600 8.4.b ■ Six intersections: 2,077 potential citations Red Light Cameras Proposal o The proposed red-light camera enforcement systems (assuming approval and agreement modification) will take several months into 2024 to engineer, install, and incorporate into the eco-system we are currently designing for school zone cameras. o For 2024, best case scenario is having cameras operational by July, so for the remaining six months of the year they would be functional. o For 2025 and beyond, they would be operational year-round. There is a 30-day warning period. o The proposal is to install red light cameras at determined high accident risk intersections. Assistant Chief Rod Sniffen addressed traffic engineering, explaining Verra Mobility did most the analysis for the school zone cameras; they have many systems operating in Washington State and are very familiar with the RCW and its requirements. They use algorithms and publicly available traffic data to predict what will happen from their systems and make recommendations. That is what was used for installation of the City's five school zone cameras. The algorithms they use are based on similar systems and traffic counts in the area. When he and Traffic Engineer Bertrand Hauss looked at the data, they found Verra was using outdated data that wasn't very accurate and they provided them better traffic counts for many of the locations to assist Verra's analysis. That analysis satisfies the analysis required by state law before the legislative body can enact these legislative programs. Assistant Chief Sniffen continued, Verra takes publicly available data that is published either by the city, state or DOT and their staff gather snapshot in time information using tube counters or sophisticated radar equipment to count cars on the street. That information is used in calculations to predict the number of violations, the flow of cars, etc. Using that data, Verra came up with a number that makes it cost neutral for the jurisdiction to put in red light cameras. If the numbers as a result of their analysis find there is not enough activity to warrant cameras, Verra will not recommend installation of cameras in that location because it will not be cost neutral. Chief Bennett advised Verra will not recommend installation of cameras at an intersection if it does not meet the algorithm in Column L of their analysis which is typically 3 or above before they recommend installation of a camera. The nine locations in Option 2 all have an algorithm above 3. Chief Bennett continued her presentation: • Economic and Geographic Diversity in Edmonds o Economic and Geographic Differences in camera placement ■ Camera violations do not distinguish gender, economic status, race, etc. ■ Most Highway 99 traffic is through traffic travelling through the city to other destinations. ■ Highway 104 and 104th would potentially capture those heading to the ferry or living in the Edmonds Bowl. ■ 212th/220th and 76th captures a more residential area of Edmonds and high school traffic. o Economic Diversity in Edmonds Edmonds City Council Draft Minutes Q February 20, 2024 Page 27 Packet Pg. 601 8.4.b Income by Location RACUCTXMI(ITY Total MIGNEW MEDIAN MOUSEMOID INCOME nolr U L Census Tract 506 z Census Tract 503 3. Census Tract 502 In 2021, the place with the highest Median Household Income (Total) in Edmonds, WA was Census Tract 506 with a value of $191,250, followed by Census Tract 503 and Census Tract 50Z with respective values of $152,613 and $131.136 The following map shows all of the places in Edmonds, WA colored by their Median Household Income ITotall. Data 1— ��+ Save image Sh_c/C—d Add Dala to Can 5 Openstreewap can--, 0 CAWO Ned- 1- Wd iMa S4091, S69.8k S699k S92.2k 0 592 A S124k081251, 819W0$191k- 2013 2014 2015 2016 201) 2018 2019 2020 —1 Assistant Chief Sniffen added with the school zone speed camera enforcement, the court was adamant that there be methodologies for people who have an inability to pay and those are listed on the citation. There are several options on the citation for violators to petition the court, have hearings and mitigate the cost of the violation. • Citation Information wnat does me otiender aet mine maiir o What the offender sees when they click on the hyperlink Info �~ ADDITIONAL RESOURCES LTNNWOOD City of Lynnwood, WA REVIEW EVIDENCE MEMO ..._..rr •— ..s. r..w w.0 Need to talk to wineone2 30 help by phone. • School Zones in the City o The schools highlighted in green are the schools currently in the process of getting a camera. o We would have to request the vendor to come out and do a speed study to determine whether that specific school would qualify for a speed camera. o Cameras went up in January o There was 30-day warning period. Edmonds City Council Draft Minutes Q February 20, 2024 Page 28 Packet Pg. 602 8.4.b ■ Almost 900 warnings were given during that 30-day period - 900 x $130 = $117,000. Five cameras at 5k each = $25,000, assuming highest in city of 2475 citations a month, max cost $24,920 a month, $117,000-$49,920 = $67,080 o School Zone Cameras 2 3 a 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 D E F G H School Zone Times School Add—, Office Phone Start Tl me End Time Early Release Times School Zone Flashin t Lights On Off 5- 931-7495 8:40 15:10 11:40 8:10 15:00 8:50 15:30 Edmonds Elementary 1215 Olympic Ave 425.431.7374 M 14:30 11:00 7:40 8:10 14:20 14:50 Seasiew Elementary 8426188th St. SW 425-431-7383 &00 14:30 11:00 7:40 8:10 14:20 14:50 Sherwood Elementa 22901105th Ave W 425-432-7460 920 15:50 11:00 9'00 9:30 15:40 16:10 West ate Ei—nwy 9601 220th St. SW 425-431-7470 8:40 Madmna K-8 9300 236M St. SW 425431.7979 9:20 15:50 12:20 9:00 9:30 15:25 16:10 Maplewood K-8 8500200th St. SW 425.431.7515 9:20 15:50 12:20 9.00 9:30 15:40 16:10 Holy Pose K-8 770 Aloha St. 425-778-3197 8:10 15:15 M 7:55 8:25 13:30 15:05 15:35 St. SW 425d31-7900 7:20 13:50 201.30 7.00 7:30 14:10 13:40 MENWillif Lain HS 1 23200 100th Ave W 425-431-7270 9:35 14:38 1LU 8:15 14:28 8:45 14:58 Councilmember Nand recognized that the police department put a lot of work and effort into this presentation and she appreciated how data driven it was. For the public, she explained this is one potential tool the council is considering to deal with traffic safety issues at targeted busy intersections. During the pandemic, a friend ended up in the hospital with a broken pelvis due to a pedestrian/vehicle conflict on Highway 99. She was very annoyed when the engineering department put in the raised medians because she was worried her car would get scraped, but she noticed people have stopped running across 7 lanes of traffic going 45+ mph on Highway 99. This is very much a policy decision that will come from the leadership of the administration which is the mayor, and the city council. She assured the police department is very neutral in presenting this information. Councilmember Tibbott said he has a lot of questions and will email some of them to staff. If the City were to move forward with red light cameras, one of his desired outcomes would be that the number of citations would decrease over time. He recalled Chief Bennett thought that could happen, but there was no data provided relative to that. Chief Bennett displayed the graph of Lynnwood's red light cameras accident reduction which is the closest comparable. Councilmember Tibbott pointed out that graph is accident reduction; he was talking about a reduction in citations or in other words, more compliance with following the law. Chief Bennett displayed Lynnwood Police Department's comparable data for 2022 that lists the number of citations and offered to provide data for 2023 and previous years. Councilmember Tibbott relayed an experience while driving in Lynnwood toward the mall when he stopped at a red light and someone sped through the intersection, nearly hitting a pedestrian on the other side of the street at a high rate of speed. He was concerned behavior wouldn't change and as the population increases in the area and it takes longer to get around and people look for shortcuts, one of the ways is to run a red light. The second desired outcome would be an increase in the number police officers in other parts of the City versus parked by a red light writing citations. Edmonds City Council Draft Minutes Q February 20, 2024 Page 29 Packet Pg. 603 8.4.b Chief Bennett assured officers do not spend their time parked at red lights, that is currently not part of their duties. The police department is very busy and short staffed. There are currently ten vacancies and overtime is mandated almost every day to keep up with minimum staffing. She would be surprised if there wasn't a reduction in behavior just based on people knowing there is a red light cameras at an intersection and anticipated the data would bear that out. As Councilmember Nand said, it is one of the tools to reduce red light running. With a multitude of tools such as education, media, driving school presentations, automated traffic enforcement, etc. will assist with that reduction. This is just one method. Chief Bennett continued, having received a red light camera ticket herself, she guaranteed it changed her behavior when approaching a red light. She assumed most reasonable people would be concerned about running red lights or exceeding the speed limit in a school zone once they received a citation. She has not received a school zone camera infraction; she has four children and is very careful in school zones. In her experience, when drivers see the flashing light in school zones, they slow to 20 mph almost all the time. That speed reduction is very important because studies show every mph more increases the likelihood of serious injury or death to a child. Councilmember Eck expressed appreciation for the analysis and statistics which help show a very logical picture. She agreed no decision has not made; it is something for the council to consider. In her view, any injury resulting from someone running a red light is one too many regardless of the seriousness of the injury. Drivers are distracted by phones and there is no shortage of stress in people's lives. From the standpoint of saving planet, people are encouraged to get out of the cars and walk and bike more often which increases the danger. If a driver is following the law, there is nothing to worry about. When she hears the concern that people will not drive through Edmonds due to red light cameras, she does not sense that Lynnwood's red light cameras have been a problem or impacted their revenue. People from all over the region, not just Edmonds residents or residents of specific areas, use the City's roads. Councilmembers are also community members and are prepared to comply with the law related to red lights. Councilmember Eck asked if a community member is driving and complying with all applicable laws, was there any reason for worry if the City implemented red light cameras. Chief Bennett answered no. Every single citation has to be reviewed to ensure the violation actually occurred. When the light turns red, the car has to be all the way past the line in the intersection to be an infraction Assistant Chief Sniffen said one of the criticism of red light cameras programs he hears a lot is the slow roll right turns and when the violation actually occurs. The law states the vehicle has to enter the intersection when the light turns red; if a driver enters the intersection when the light is yellow, it is not violation. That is why there are white lines in all the intersections to show when the violation actually occurred. With regard to not completely stopping before a right turn on red, in discussions with Lynnwood, that has been the most controversial. Edmonds can set the BRQ rules so those violations aren't triggered or set rules for the people doing the reviewing so it doesn't become a lightning rod for the program. The goal is not a gotcha for people not coming to a complete stop before making a right turn; it is to look for egregious violations that are accident causing behavior. Chief Bennett explained the City would have the ability to determine whether a slow right turn roll through a red light was egregious behavior and whether it was something for which a citation would be issued. It is not intended to be a gotcha program, it is to cite people who are blowing red lights, something she has seen happen with increasing regularity while in her personal car but couldn't do anything about it. That is the behavior the red light cameras are trying to address to avoid death and injury. Councilmember Paine asked Chief Bennett to send out the presentation as it contained more data than the presentation in the packet. With regard to a comment from the public, there are engineering things that can be done to help make things safter. One of those is to slow the walk cycle to give pedestrians more time to cross with no cars in the intersection. She asked what the police department has heard from the 900 warnings Edmonds City Council Draft Minutes Q February 20, 2024 Page 30 Packet Pg. 604 8.4.b that were issued from the school zone cameras, noting that was a lot in one month especially considering the amount of time the cameras are operational. Assistant Chief Sniffen answered the cameras are on for 30 minutes in the morning and afternoon in five school zones. The goal is to change driver behavior. There have been 800 citations issued in the 2% weeks the school zone cameras have been live. The City began issuing citations on February 5 so he was uncertain if any of them had reached the court yet. There was very little feedback from the public from the warnings. An automated system sent out the warnings; infractions have to be reviewed, warnings do not, although most of them were reviewed. Anecdotally he heard some people who received a warning said Edmonds is getting serous. From watching the cameras, he has noticed that traffic has slowed in school zones. Councilmember Paine said the decision process in the presentation was very helpful such as cities who couldn't install red light cameras do due to staffing. Other cities like Redmond didn't install red light cameras due to Microsoft which is a political decision, not a public safety decision. She appreciated the data driven proposal, commenting it is good for everyone to remember there are still a lot of decisions to be made. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER ECK, THAT THIS COME BACK TO CITY COUNCIL FOR A DECISION DURING APRIL WHETHER TO GO WITH ANY OF THE OPTIONS OR GO WITH RED LIGHT CAMERAS AT ALL. Councilmember Paine commented this is the third presentation; there was one in February when the ordinance was prepared and in November where more information was provided and now the City has some experience with the school zone cameras. For planning and workload purposes, a decision needs to be made regarding whether to proceed with red light cameras and April would be a good timeline to do that. Council President Olson commented this was intended to be a presentation today. Although she acknowledged parliamentary procedures allow the council to take action at any time, she will vote no on the motion in the spirit of this being a presentation. Council will have further discussions and at some point will need to make a decision whether or not to move forward. Councilmember Nand said Councilmember Paine's motion was premature. Red light cameras in Edmonds would require an ordinance or an amendment to the school zone camera ordinance. There still needs to be discussions about funding the studies and the General Fund impacts from the additional FTEs. She felt attempting to rush this through when the school zones cameras were just installed and the community was getting used to them would be unfortunate. As the council contemplates making this major change, there needs to be 100% transparency with the public and appropriate outreach and community engagement which is not the police department's job, it is the council's job because this is a political decision. She will also vote against the motion. Councilmember Paine commented there is an ordinance in place, the one she sent around earlier today also allows for traffic enforcement via red light cameras and the studies are already authorized via that ordinance. Councilmember Dotsch said in reviewing the ordinance she did not believe it allowed for red light cameras as that was a totally separate issue than school zone cameras. This is her first bite at the apple as a councilmember regarding red light cameras and she has a lot of questions that have not yet been answered. She will vote no on the motion as this was intended to be information only. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS ECK, CHEN AND PAINE VOTING YES; COUNCILMEMBERS TIBBOTT, DOTSCH, AND NAND AND COUNCIL PRESIDENT OLSON VOTING NO. Edmonds City Council Draft Minutes Q February 20, 2024 Page 31 Packet Pg. 605 8.4.b Council President Olson explained this was brought back by council for discussion, not by the administration or police department staff. She thanked the police department staff for being responsive to her request for a presentation. For the public who may not have been following the issue in November, she referred to the November 14, 2023 minutes that include a vote on red light cameras She quoted from the minutes, "Councilmember Teitzel moved, seconded by Councilmember Buckshnis, to deny decision package 7, red light cameras, at this time and reconsider in 2024." The minutes reflect that several councilmembers explicitly stated they wanted to come back and study red light cameras outside the construct of the budget. That is the reason for this presentation and she thanked police department staff for the data they provided. is. For residents who said they have found information in the media saying red light cameras don't help, she acknowledged support for any position on any subject can be found on the internet and in the media. The sources provided by the police department were very carefully vetted and used source data and peer reviewed articles that support the value of red light cameras. Council President Olson continued, whether there are other ways to achieve the same values can be discussed, but in full transparency, there are several realities, one of which is an increased in reckless driving since the pandemic which she has noticed even on her street. There is also less police enforcement, whether due to a decrease in staffing, increase in violent crimes that keeps officers otherwise occupied, changes in philosophy about the police's engagement with the public, etc. Another reality is the City has some serious financial woes and there is probably a net positive from implementing red light cameras. It is unlikely the City can get out of its financial difficulties by just cutting expenses, there will need to be ways to generate revenue. To the extent the council can deal with some of the problems, such as reckless driving, in a way that helps with public safety as well as addresses the revenue situation in a net positive way is certainly something the council needs to consider as an option. Some people have said red light cameras are not a deterrent; however, she drives very differently than she did before she got pulled over for speeding and received a red light cameras citation. Council President Olson referred to Olympic View Drive, an area with reckless driving, recalling that was not one of the options for a speed camera or red light cameras. Chief Bennett answered Edmonds Elementary is near Olympic View Drive so a school zone camera was something the traffic sergeant believed was implementable. An analysis would need to be done to determine if there are speeding issues. Council President Olson commented that may not be the segment of Olympic View Drive where the fastest speeds are occurring, but if a school zone camera would improve safety for the students, it may be of interest. With higher density comes more pedestrians and near misses don't show up in the data. She applauded the information provided and hoped residents who are so sure the cameras are not needed for a public safety reason would take time to read the presentation which she found very helpful and enlightening. Councilmember Chen expressed appreciation for the studies, data and evidence to support public safety. He agreed his behavior also changed after getting a ticket in Lynnwood. The presentation mentioned red light cameras were studied in 2008 and the same 3 intersections identified then were identified in 2023/2024 so this is nothing new. The council needs to make a decision that will save lives and reduce accidents. The cameras can be studied for another 20-30 years, but lives are being lost and accidents are happening. The council needs to make decision and not wait another 10 years. There is plenty of evidence that red light cameras will improve public safety. He encouraged the council and the public to think about what if the person hit in a red light accident was their family member. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO EXTEND TO 10:15. MOTION CARRIED UNANIMOUSLY. Councilmember Nand said she was glad Councilmembers Paine, Olson and Chen raised the policy part of discussion. It is a happy accident that the presentation from Ms. Kyle regarding the Snohomish County Public Defenders Association and the amount of privilege and barriers to access to justice for low income, immigrant populations, and people with disabilities and vulnerabilities was also tonight. She cautioned the Edmonds City Council Draft Minutes Q February 20, 2024 Page 32 Packet Pg. 606 8.4.b council to think about the privilege it requires to be able to take off time in the middle of a work day to go to court and face a judge and prosecutor to contest a ticket. She knew people whose income is over $ 1 00,000/year with college educations who speak English as a first language who have done it; not a lot of people who have to work 40+ hours/week who speak English as a second language or might have trauma or issues of intimidation going to court will do it. This is a policy discussion that needs to occur between politicians that should not involve the police department or courts. She encouraged the council when sharing their personal stories about paying a ticket and it being what they spent on a dinner to consider that that is not the reality for a lot of people who would be affected by this proposal. Councilmember Dotsch relayed in researching 2008, she learned cameras were set up and it was determined it would not have been worth the money to install them. To her, school zone cameras and red light cameras are two totally different things; school zones cameras are universally accepted by the community as necessary to keep kids safe. In looking at the numbers, there is no comparison of the accidents at red lights, stop signs or no traffic control. The data needs to be objective; when driving around Edmonds, she routinely sees drivers running stop signs including a van that ran the stop sign at Dayton & 5' today. She travels 220' a lot; in the data provided regarding the number of vehicles and the number of accidents, it would be 1 accident for every 2.19 million car trips, and Hwy 104 & 100t' would be 1 accident for every 2.37 million car trips. She was trying to understand if the effort and time, especially the police's time when there is such limited staffing, is best used to review red light cameras citations. Councilmember Dotsch referred to the signal at 220' & Highway 99 heading east, at 9:30 a.m. today, the left turn to go north on Highway 99 let 3 cars through and the 4' car ran the light. She referred to an automated enforcement checklist she shared today that was produced by Advocates for Highway and Auto Safety, the Governor's Highway Safety Association, National Safety Council, and AAA that states successful programs are transparent and have a strong public information component. She advocated for more engagement with the public regarding red light cameras and the location of cameras. She referred to the intersection comparisons which do not reflect what is happening two blocks away where there isn't a red light cameras. The safety groups caution against comparing the same intersections and data because it does not indicate whether there is an overall reduction. With regard to speeding in school zones, she said it would be interesting to know if speeds are decreasing there as well. Councilmember Dotsch suggested considering how to engage with the public before making a decision on red light cameras. It may be worthwhile to consider the timing of signals and whether it is appropriate for the volume of traffic; signals that only let a limited number of cars through may motivate drivers to run the red light. She asked if that was reviewed as part of this proposal, something that the safety group's checklist recommended. Chief Bennett said most of the studies Councilmember Dotsch cited were the same ones she cited in her presentation. The safety group's recommendation follows Verra's program including media piece, identification, doing research, etc. Community engagement is important such as was done with the school zone cameras. Traffic engineers can consider timing of signals; they utilize an algorithm and methodology for signal timing as there are a lot of factors in determining signal timing. Even if someone gets delayed at a signal, it does not give them the right to run the red light because the other direction then has a green light and running the red light can result in a T-bone accident that often results in major injuries. Assistant Chief Sniffen agreed the proposal went through a lot of the same steps cited by the safety group. There was engagement done regarding the school zone cameras and agreed the engagement the safety groups recommended such as stakeholder groups would be a good step. With regard to timing of the signals, engineering would need to be involved due to the number of inputs that determine timing. Chief Bennett commented on the importance of an advisory group having a diverse set of opinions including schools, law enforcement, fire department, etc. She was not opposed to an advisory group as long as it was well balanced with a variety of stakeholders including the court. The data she received for 2020-2022 did not have a lot of depth and breadth to it. The 2023 data does identify actual intersection related collisions; at 220t' & Highway 99, there were 13 in 2023. She referred to the intersection related collisions total and location for Edmonds City Council Draft Minutes Q February 20, 2024 Page 33 Packet Pg. 607 8.4.b 2023, indicating the ones in gray are stop sign controlled intersections, the intersections in red are signal controlled intersections. Information will continue to be tracked through 2024; it is really important to be transparent and communicate with the community about the numbers as it should not be a program that is implemented without due process and transparency. Councilmember Dotsch asked if those accidents were all the result of running the red light or just accidents that happened at the intersection. Chief Bennett answered the accidents are intersection -related. Councilmember Dotsch said she was surprised to see how many one car accidents there were. As there are are now U turns on Highway 99; Councilmember Dotsch asked if the red light cameras would catch those. Chief Bennett answered if the light is still green or yellow when the vehicle enters the intersection, it is not a violation. Assistant Chief Sniffen said the camera takes a series of three photographs as the car moves through the intersection. Councilmember Eck commented as the council discusses this over the next few weeks or months, she encouraged councilmembers to look at the logic and the statistics and keep in mind this is about empathy and caring for our family members, neighbors, and community members and not having one person injured. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO EXTEND TO 10:23. UPON ROLL CALL, MOTION FAILED (4-3) FOR LACK OF A SUPER MAJORITY, COUNCILMEMBERS ECK, PAINE, AND NAND AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS CHEN, TIBBOTT AND DOTSCH VOTING NO. 11. MAYOR'S COMMENTS Mayor Rosen had no comments. 12. COUNCIL COMMENTS Councilmember Eck acknowledged February is Black History Month. It is a tradition that started in the Jim Crow era and was officially recognized in 1976 as part of the national bicentennial celebration. It aims to honor the contributions that African Americans have made and to recognize their sacrifices. It is an important recognition to pause and take note of. Councilmember Paine expressed appreciation for the conversation about red light cameras. She pointed out driver's ed is no longer taught in schools so there are at least 20 years' worth of students who if they did not receive driver training through a private vendor, no longer get it in school which is something to consider in the driving mishaps that occur. Council President Olson expressed her extreme appreciation to Snohomish County for the wonderful, supportive grant they provided for parks and open space. Councilmember Nand acknowledged the loss of Alexei Navalny on February 16, the leader of the opposition to Vladimir Putin and his murderous regime. This is a great loss for the opportunity for peace, democracy, and government accountability in Russia. She is making these comments due to disturbing pro- Putin comments she has seen in local Facebook groups. ADJOURNMENT With no further business, the council meeting was adjourned at 10:14 pm. Edmonds City Council Draft Minutes Q February 20, 2024 Page 34 Packet Pg. 608 8.4.c RESOLUTION NO. 1542 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERSECTION TRAFFIC SAFETY CAMERA LOCATION ANALYSIS CONDUCTED PURSUANT TO RCW 46.63.170 WHEREAS, the Washington State Legislature, under Chapter 46.63 RCW, established its intent to promote the public safety and welfare on public highways and facilitate the implementation of a uniform and expeditious system for the disposition of traffic infractions; and WHEREAS, as part of that effort, the Legislature enacted RCW 46.63.170 relating to the use of automated traffic safety cameras; and WHEREAS, that statute authorizes the use of automated traffic safety cameras by local jurisdictions, provided that, before enacting an ordinance allowing for the use of such cameras, the appropriate local legislative authority first prepares an analysis of the locations within the jurisdiction where automated traffic safety cameras are proposed to be located; and WHEREAS, the City Council has previously adopted such an analysis for the use of traffic safety cameras in school zones; and WHEREAS, certain school zone traffic safety cameras were subsequently authorized by Ordinance 4292; and WHEREAS, the City Council is now undertaking an analysis of the possible use of traffic safety cameras at signalized intersections; and WHEREAS, the City Council is considering whether to authorize the addition of traffic safety cameras at up to nine specific signalized intersection locations; and WHEREAS, the City Council, after review and discussion, has determined that it is in the best interests of the city to adopt the automated traffic safety camera analysis of these nine signalized intersection locations pursuant to RCW 46.63.170(1)(a); and WHEREAS, any decision to authorize the use of traffic safety cameras for any or all of these nine signalized intersection locations will occur, not through this resolution, but through subsequent council action; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Recitals. The recitals set forth above are hereby incorporated by reference as if set forth fully herein. Packet Pg. 609 8.4.c Section 2. Adoption of Analysis. Pursuant to RCW 46.63.170(1)(a), the Edmonds City Council hereby adopts the automated traffic safety camera analysis of nine signalized intersection locations, as summarized in the table attached hereto as Exhibit A and incorporated herein by this reference. Section 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. RESOLVED this 26TH day of March, 2024. ATTEST: Y CLERK,. SC PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. CITY OF EDMONDS MAYOR, IKE ROSEN March 22, 2024 March 26, 2024 1542 2 Packet Pg. 610 8.4.c Exhibit A Summary of Location Analysis 220th and Highway 99 Average Daily Traffic' 20,000 Accidents in 2020-20222 10 Verra Mobility Analysis Ratin s 5.3 2023 Accidents4 12 212th and 76th Average Daily Traffic 6,000 Accidents in 2020-2022 15 Verra Mobility Analysis Rating 4.08 / 4.06 / 3.995 2023 Accidents 4 Highway 104 and 100th Average Daily Traffic 13,000 Accidents in 2020-2022 6 Verra Mobility Analysis Rating 3.5 / 3.42* 2023 Accidents Not yet available 224th and Highway 99 Average Daily Traffic 16,000 Accidents in 2020-2022 12 Verra Mobility Analysis Rating 3.41 2023 Accidents Not yet available 238th and Highway 99 Average Daily Traffic 20,000 Accidents in 2020-2022 5 Verra Mobility Analysis Rating 4.72 2023 collisions Not yet available 216th and Highway 99 Average Daily Traffic 20,000 Accidents in 2020-2022 5 Verra Mobility Analysis Rating 3.68 2023 Accidents Not yet available 228th and Highway 99 Average Daily Traffic 16,000 Accidents in 2020-2022 3 Verra Mobility Analysis Rating 4.05 2023 collisions 5 212th and Highway 99 Average Daily Traffic 20,000 Accidents in 2020-2022 2 Verra Mobility Analysis Rating 3.1 2023 Accidents Not yet available 220th and 76th Average Daily Traffic 12,000 Accidents in 2020-2022 13 Verra Mobility Analysis Rating 2.91 2023 Accidents 6 Source: City of Edmonds, presented to Council February 20, 2024 2 Source: Edmonds Police Department, presented to Council February 20, 2024 3 Source: Verra Mobility, presented to Council February 20, 2024 4 Source: preliminary 2023 data, Edmonds Police Department, presented to Council February 20, 2024 5 When more than one Verra Mobility rating exists, individual directions of the intersections were rated. Packet Pg. 611 8.4.d From: Bennett, Michelle To: Peterson, Beckie; Olson, Vivian Subject: Fw: Firrst draft for upcoming agenda Date: Monday, April 15, 2024 5:04:16 PM Attachments: image001.pnng Outlook -City of Ed.ona Hi all - Please see Assistant Chief Sniffen's response below. I agree with his assessment, although I would still recommend red light cameras at 212th and 76th. When school is not in session, it is likely this will continue to be a light that is run. As Assistant Chief Sniffen states, each intersection can have up to four cameras, so what matters is how many cameras go up in what directions for each intersection. Five intersections could mean 20 cameras. VERRA did an analysis of direction of travel for the cameras in their initial assessment. Please let me know if you need further information- for now the suggestion is to use the following intersections (number of cameras at each could be determined at a different time?) 220th and Hwy 99 224th and Hwy 99 220th and 76th Ave W 100th Ave and Edmonds Way (SR 104) 212th and 76th Ave W. Michelle D. Bennett I Chief of Police v Public Safety Building 250 5th Ave. N I Edmonds WA 98020 425.771.0200 (office) 425.478.7207 (mobile) Michelle. Bennett@Edmondswa.gov www.edmondswa.gov/police I Facebook I Instagram From: Sniffen, Rod <rod.sniffen@edmondswa.gov> Sent: Friday, April 12, 2024 3:13 PM Packet Pg. 612 8.4.d To: Bennett, Michelle<michelle.bennett@edmondswa.gov>; Strum, Kraig <Kraig.Strum@edmondswa.gov> Subject: RE: Firrst draft for upcoming agenda Chief, It is important to know if we are approving the number of cameras or number of intersections. One intersection can have four (4) cameras, putting the cost of one intersection at $20,000. Six proposed intersections could mean 24 cameras (four cameras per intersection) and $120,000, so we should be clear on what the numbers mean. We know will not do four per intersection, but that is the possibility. If we decided only one per intersection, then we will have to determine which direction(s) at that intersection. In the emails I looked at, there is a lot of discussion related to number of tickets, tickets per/camera, etc., and that gets confused with how many intersections or cameras we are evaluating. I only like using collision data (a safety metric) to identify the locations/intersections we want camera systems. Based on that, I only see four (4) viable options using the data we have already published: 220th and Hwy 99 224th and Hwy 99 220th and 76th Ave W 100th Ave and Edmonds Way (SR 104) The fifth location of 212th and 76th Ave W is a high crash location, however it is right next to the High School. We already have two (2) school speed zone cameras, both very close to this intersection. I would not recommend this one for that reason, but I see how it made the list and others may see it differently. The rest of the locations have very low crash statistics making them harder to support for this technology. Once we pick intersections, we can determine which side/direction we want a camera system. Having only 4 intersections, we could put up to 16 cameras. The VERRA analysis may help with this part. The data we received from VERRA is an algorithm looking at the number of potential red-light violations at each location, not actual collisions/safety data statistics. A big reason why I would stick with the crash data and not VERRA's violation predictions. As for the changes in State law title 46.63, there are a number of updates and adds, however I copied the new section below that defines where revenue can be used: (13)(a) Except as provided in (d) of this subsection, a county or a city may only use revenue generated by an automated traffic safety camera program as authorized under this section for: (i) Traffic safety activities related to construction and preservation projects and maintenance and operations purposes including, but not limited to, projects designed to implement the complete streets approach as defined in RCW47.04.010, changes in physical infrastructure to Packet Pg. 613 8.4.d reduce speeds through road design, and changes to improve safety for active transportation users, including improvements to access and safety for road users with mobility, sight, or other disabilities; and (ii) The cost to administer, install, operate, and maintain the automated traffic safety cameras, including the cost of processing infractions. We continue to be permitted to use revenues in order to pay for the camera systems, however the rest is restricted by statute. I hope this helps your discussion points. M y Of ED41 Rod Sniffen I Assistant Chief of Police !J Public Safety Building 250 5th Ave. N I Edmonds WA 98020 425.771.0200 (office) 425.218.2608 (mobile) Rod.Sniffen@Edmondswa.gov www.edmondswa.gov/police I Facebook I Instagram NOTICE: All emails, and attachments, sent to and from the City of Edmonds are public records and may be subject to disclosure pursuant to the Public Records Act (RCW 42.56) Packet Pg. 614 8.4.e Final Draft SAMPLE PHOTO ENFORCEMENT SERVICES AGREEMENT: RED LIGHT SAFETY CAMERAS AND FIXED SITE SCHOOL ZONE SPEED SAFETY CAMERAS This Photo Enforcement Services Agreement includes the attached Exhibits ("Agreement") and is made by and between American Traffic Solutions, Inc., doing business as Verra Mobility, ("Verra Mobility") and the City of Edmonds, Washington, a municipal corporation of the state of Washington ("Customer") WITNESSETH: WHEREAS, the Customer desires to implement and operate an automated traffic safety camera system pursuant to Washington State Law, RCW 46.63.170 (the "Program"); WHEREAS, Verra Mobility has the exclusive possession and ownership of the Back -office System "BOS", including certain knowledge, equipment, licenses, and the processes for processing Events; WHEREAS, Customer selected Verra Mobility to provide services to implement and carry on the Customer's Program; WHEREAS, Customer desires to use the Camera Systems together with the BOS to monitor and enforce traffic Violations and to issue Citations for traffic Violations as part of its Program; WHEREAS, Customer has determined that it has the authority to enter into this Agreement in compliance with the laws, regulations, and policies applicable to it, including procurement laws, regulations, and policies. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby admitted and acknowledged, the parties agree as follows: By signing below, the parties agree to the terms and conditions of this Agreement. Each individual signing below represents that such individual has the requisite authority to execute this Agreement on behalf of the entity which such individual represents and that all the necessary formalities have been met. This Agreement is effective on the date of execution by the last signatory to this cover page ("Effective Date"). ACKNOWLEDGED AND AGREED TO BY: AMERICAN TRAFFIC SOLUTIONS, INC. CITY OF EDMONDS, ASHINGTON iobl baUwin Jun29,2023 ! By: jon Baldwin (Jun 29, 202312:09 PDT) By:�,3 Jon Baldwin, Date Na e: Mike Nelson Date Executive Vice President Title: Mayor Government Solutions ATTEST: LE Name: Date Title: Packet Pg. 615 8.4.e I. DEFINITIONS As used in this Agreement, the following words and terms shall, unless the context otherwise requires, have the respective meanings provided below: `Approach" One (1) direction of travel on a road including up to four (4) contiguous lanes and, if applicable controlled by up to two (2) signal phases, on which a Camera System may be installed upon the mutual agreement of the parties. "Back -Office System" or "BOS'! The proprietary back -end system that processes Events and Violations, including the printing and mailing of Citations, the generation of evidence packages, and that provides system generated reports of Violation counts. "Business Hours'! Eight (8) hours per day, Monday through Friday, excluding weekends and holidays. "Business Rules'! The Business Rules Questionnaire to be completed by Customer and delivered to Verra Mobility setting forth the business rules for the implementation and operation of the Program. "Camera System" or "Camera'! A photo -traffic monitoring device consisting of one (1) rear camera, strobe (if applicable), and traffic monitoring device (including the wiring associated with each) capable of accurately detecting a Violation, which records such data with one (1) or more images of such vehicle. "Camera System" may refer to either a Red Light Safety Camera System or a Fixed Site School Zone Speed Safety Camera System, depending on the context. "Change Order Notice'! Written notice from Customer requesting changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement, setting forth in reasonable detail the proposed changes. "Change Order Proposal'! A written statement from Verra Mobility describing the cost of the changes to the work or addition of products or services requested by Customer in a Change Order Notice. "Citation'! A citation, notice of violation, notice of infraction, notice of liability or equivalent instrument issued by a competent state, county or municipal law enforcement agent or agency or by a court of competent jurisdiction relating to a Violation documented or evidenced in the BOS. "Designated Safety Zone": A designated safety zone in which a Camera System may be installed or deployed. "Event'! A potential Violation captured by the Camera System. "Fees'! The amount payable by Customer to Verra Mobility for equipment, services, and maintenance as set forth in EXHIBIT A. "Fixed Site School Zone Speed Safety Camera System". A Camera System that uses radar, or other vehicle detection technology, to capture the speed of a motor vehicle and generates recorded images of a Violation, and is installed on a mutually agreed upon Approach. "Laws'! All federal, state, or local, laws, ordinances, regulations, and orders. "Notice to Proceed'! Written confirmation from Customer that Verra Mobility may proceed with the installation or deployment of a given Camera System, a form of which is attached as EXHIBIT C. Page 2 of 22 Packet Pg. 616 "Owner'! The owner(s) of a motor vehicle as shown by the motor vehicle registration records of the motor vehicle department or the analogous agency of another state or country, including a lessee of a motor vehicle under a lease of six months or longer. "Person"or "Persons'! Any individual, partnership, joint venture, corporation, limited liability company, trust, unincorporated association, governmental authority or political subdivision thereof or any other form of entity. "Photo Enforcement Infrastructure'! The poles, foundation, conduit, and other below -grade infrastructure associated with installing Camera Systems. "Project Time Line'! The initial schedule and timelines required to begin the implementation of Customer's project, as mutually agreed upon by the parties. The initial project timeline will be prepared assuming the active cooperation and engagement of the Program stakeholders set forth in Section 2.1.1 of EXHIBIT B. "Red Light Safety Camera System" A Camera System that uses vehicle detection technology to capture a vehicle violating a red light traffic signal and generates recorded images of a Violation, and is installed on a mutually agreed upon Approach. "System'! A Camera System and the related Photo Enforcement Infrastructure. "Violation" A failure to obey a traffic law or regulation authorized to be enforced through the use of an automated traffic safety camera under Washington State law, including RCW 46.63.170. II. GENERAL TERMS AND CONDITIONS 1. VERRA MOBILITY AGREES TO PROVIDE: The scope of work identified in EXHIBIT B, Section 1. 2. CUSTOMER AGREES TO PROVIDE: The scope of work identified in EXHIBIT B, Section 2. 3. TERM: This Agreement shall commence upon the Effective Date and shall continue for a term of five (5) years from the first Citation issued from the last Camera System installed. This Agreement will automatically extend for five (5) consecutive five (5) year terms. However, Customer or Verra Mobility may terminate this Agreement at the expiration of any term by providing written notice of its intent not to extend the Agreement one hundred twenty (120) days prior to the expiration of the then -current term. 4. ASSIGNMENT: Neither Party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. However, for business financing or other corporate reorganizational purposes, Verra Mobility may sell, assign, transfer or convey any interest in this Agreement in whole or in part without the written consent of Customer. 5. FEES AND PAYMENT: Customer shall pay for all equipment, services and maintenance based on the fee schedule indicated in the EXHIBIT A, Service Fee Schedule 1. Page 3 of 22 Packet Pg. 617 8.4.e 5.1 Customer shall pay all Fees due Verra Mobility based upon invoices from the preceding month within thirty (30) days of submission. Late payments are subject to interest calculated at 1.5% per month on open balances. 5.2 Invoices shall be in standard Verra Mobility format. 5.3 Verra Mobility's Fees will be fixed for the first year of the Agreement; thereafter, unit prices will increase annually by the Consumer Price Index (CPI), according to the average change during the prior twelve (12) months in the CPI for All Urban Consumers (CPI-U) for U.S. Consumer average, as published by the Bureau of Labor Statistics, U.S. Department of Labor for the Services category listed under Commodity and Service Group. 6. COMMUNICATION OF INFORMATION: Verra Mobility will comply with reasonable requests from Customer for public records, as defined by Chapter 42.56 RCW, prepared, owned, used, or retained by Verra Mobility through operation of the Camera Systems or the BOS or through the provision of the services described in this Agreement. Verra Mobility reserves the right to assess a fee for such services if Customer could retrieve the information from the BOS without the assistance of Verra Mobility. Verra Mobility will not be under any obligation to provide information directly to non -Customer requesting parties. For any non -Customer requests for information Verra Mobility shall work collaboratively with Customer to provide requested information in a timely manner to Customer. Nothing in this paragraph shall be construed contrary to the terms and provisions of any public records laws, insofar as they may be applicable. 7. CONFIDENTIALITY: No information given by Verra Mobility to Customer will be of a confidential nature, unless specifically designated in writing as proprietary or confidential by Verra Mobility ("Terra Mobility Confidential Information"). If, however, Verra Mobility does designate certain information as proprietary or confidential, Customer shall treat the Verra Mobility Confidential Information with the same degree of care and same restrictions as Customer treats its own proprietary and confidential information, but in no event with less than reasonable care and reasonable restrictions. Customer will use Verra Mobility Confidential Information solely in connection with its rights and obligations under this Agreement, and will not use Verra Mobility Confidential Information for any other purpose, including but not limited to any use to harm or injure Verra Mobility or in any other way detrimental to Verra Mobility. If Customer receives a request or becomes legally obligated or compelled (by deposition, interrogatory, request for documents, subpoena, civil investigative demand, other demand or request by a governmental agency, or the application of statutes, rules or regulations) to disclose any of the Verra Mobility Confidential Information, Customer will promptly provide Verra Mobility with written notice of such request or requirement before any disclosure, and will cooperate with Verra Mobility's reasonable efforts to obtain confidential treatment of the Verra Mobility Confidential Information. If a protective order or other confidential treatment is not obtained or if Verra Mobility waives its rights under this paragraph, Customer agrees to furnish only so much of the Verra Mobility Confidential Information as it is legally required to furnish and, where appropriate, to exercise its best efforts to obtain written assurances that confidential treatment will be accorded to the Verra Mobility Confidential Information. Customer will give Verra Mobility an opportunity to review the Verra Mobility Confidential Information prior to its disclosure, and Customer will allow Verra Mobility to participate in any related proceeding. Nothing in this paragraph shall be construed contrary to the terms and provisions of any public records laws, insofar as they may be applicable. 8. PROPRIETARY RIGHTS: Back Office: Verra Mobility's proprietary BOS is software -as -a -service. Under all circumstances, Verra Mobility shall retain ownership of the BOS, including any modifications, configurations, improvements, enhancements, upgrades, or further developments of the BOS even if modified, configured, improved, enhanced, upgraded, or further developed at the request, feedback, or recommendation of the Customer. Under no circumstance will Page 4 of 22 Packet Pg. 618 any modifications, configurations, improvements, enhancements, upgrades, or further developments of the BOS be considered "Work for Hire". During the term of our Agreement with Customer, Verra Mobility grants Customer a non-exclusive, non -transferable license to access and use the BOS for the sole purpose of reviewing potential Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any content posted on the Camera Systems in connection therewith. Systems: Under all circumstances, Verra Mobility shall retain ownership of all Camera Systems. On and as of the date of termination of this Agreement, Customer shall be deemed to accept and receive full ownership and control of the Photo Enforcement Infrastructure. Public Safety Campaign and Public Awareness: As between the parties, Verra Mobility owns and retains all rights, title and interest in and to the Public Safety Campaign Content created by Verra Mobility and all intellectual property rights therein, excluding all Customer Content. Verra Mobility grants to Customer a perpetual, revocable, non -transferable, and nonexclusive license to use, copy, display, and distribute the Public Safety Campaign Content solely to promote Customer's photo enforcement programs, and to modify the Public Safety Campaign Content as needed for formatting for exercise of the license granted. In order to produce the Public Safety Campaign Content, Customer grants Verra Mobility a nonexclusive, fully paid -up, license to use, reproduce, distribute, perform, practice and display, and to create derivatives of all content, trademarks, service marks, works of authorship, products, software, software code, databases, technology, information, data, specifications, documentation, algorithms, technical and business plans, and other materials of any kind, and all intellectual property rights therein provided to Verra Mobility ("Customer Content") solely for Verra Mobility to (i) create the Public Safety Campaign Content, and (ii) provide services to Customer. Customer has the ability to approve use of any Customer Content in the Public Safety Campaign Content. In order to carry out the purposes of this Agreement, for the term of this Agreement, Verra Mobility grants Customer a non-exclusive, non -transferable license to use and display Verra Mobility information provided by Verra Mobility on or in marketing, public awareness or education, or other publications or materials relating to the Program, so long as any and all such publications or materials are approved in advance by Verra Mobility. Data Use: Verra Mobility shall retain the ownership rights to all metadata, business intelligence, or other analytics obtained, gathered, or mined by Verra Mobility from the data captured by the Camera Systems and the BOS. Furthermore, Verra Mobility has a right to use non -personalized and aggregated Program data for its internal business purposes, analytics, statistical analysis, and to perform analyses which would further Customer's Program. 9. INDEMNIFICATION AND LIABILITY: 9.1 Indemnification by Verra Mobility. Verra Mobility agrees to indemnify Customer and its managers, officers, directors, employees, agents, representatives and successors (individually, a "Customer Party" and collectively, the "Customer Parties") against all liabilities, obligations, losses, damages, penalties and judgments (collectively, "Losses"), which may be imposed on or incurred by any Customer Party arising out of or related to the gross negligence of, willful misconduct of, or material breach of this Agreement by Verra Mobility, which results in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except (i) to the extent caused by the gross negligence of, willful misconduct of, or material breach of this Agreement by any Customer Party, or (ii) any claim, action or demand (a "Claim") caused by Customer's failure to perform its obligations under this Agreement. 9.2 Indemnification by Customer. Customer hereby agrees to indemnify Verra Mobility and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all Persons acting by, through, under or in concert with them (individually, an "Verra Mobility Party" and collectively, the "Verra Mobility Parties") against any and all Page 5 of 22 Packet Pg. 619 Losses which may be imposed on or incurred by any Verra Mobility Party arising out of or related the gross negligence of, willful misconduct of, or material breach of this Agreement by the Customer which results in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except (a) to the extent caused by the gross negligence of, willful misconduct of, or material breach of this Agreement by any Verra Mobility Party or (b) any Claim caused by Verra Mobility's failure to perform its obligations under this Agreement. Upon the termination of this Agreement, Customer agrees to indemnify Verra Mobility Parties against any and all Losses which may be imposed on or incurred by any Verra Mobility Party arising out of or related to any Claim related to the Photo Enforcement Infrastructure. 9.3 Indemnification Procedures. In the event of any Claim in respect of which any party hereto seeks indemnification from the other, the party seeking indemnification (the "Indemnified Party") shall give the party from whom indemnification is sought (the "Indemnifying Party") written notice of such Claim promptly after the Indemnified Party first becomes aware thereof; provided, however, that failure to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim and no party shall have the right to enter into any settlement agreement that materially affects the other part's material rights or material interests without such parry's prior written consent, which consent shall not be unreasonably withheld or delayed. 10. INSURANCE: Verra Mobility shall maintain the following minimum scope and limits of insurance: 10.1 Commercial General Liability Insurance including coverage for bodily injury, property damage, premises and operations, products/completed operations, personal and advertising injury, and contractual liability with a limit of $1,000,000 per occurrence. 10.2 Umbrella Liability Insurance limit of $1,000,000 per occurrence shall apply in excess of the Commercial General Liability Insurance required above. 10.3 Workers' Compensation as required by applicable state law, and Employer's Liability Insurance with limits of not less than $500,000 each accident. Verra Mobility shall at all times maintain Worker's Compensation insurance coverage in the amounts required by Law, but shall not be required to provide such coverage for any actual or statutory employee of Customer. 10.4 Commercial Business Automobile Liability Insurance for all owned, non -owned and hired automobiles and other vehicles used by Verra Mobility with a minimum $1,000,000 per occurrence combined single limit bodily injury and property damage. 10.5 Customer shall be named as additional insured on the Commercial General Liability Insurance policy provided by Verra Mobility under this Agreement using an endorsement as broad as ISO endorsement form CG 20 26. 10.6 Certificates showing Verra Mobility is carrying the above described insurance, and evidencing the additional insured status specified above, shall be furnished to Customer within thirty (30) calendar days after the Effective Date of this Agreement. Page 6 of 22 Packet Pg. 620 8.4.e 11. LIMITED WARRANTY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT VERRA MOBILITY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WITH RESPECT TO THE CAMERA SYSTEMS, THE BOS, OR ANY RELATED EQUIPMENT OR SOFTWARE, OR WITH RESPECT TO THE RESULTS OF THE PROGRAM. THE CUSTOMER ACKNOWLEDGES THAT AT TIMES SUCH SYSTEMS AND RELATED EQUIPMENT AND SOFTWARE MAY MALFUNCTION OR OTHERWISE NOT OPERATE AS ANTICIPATED. VERRA MOBILITY SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A TIMELY MANNER. 12. STATE LAW TO APPLY: This Agreement shall be construed under and in accordance with the laws of the State of Washington. 13. DISPUTE RESOLUTION: 13.1 All disputes arising out of or in connection with the Agreement shall be attempted to be settled through good -faith efforts between senior management of both parties. Following thirty (30) days of unsuccessful negotiation, the parties shall participate in professionally -assisted mediation, with a mediator acceptable to both parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion and therefore will be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. 13.2 Failing resolution through negotiation or mediation, any remaining dispute may be resolved through a court of competent jurisdiction. 14. CHANGE ORDERS: Customer may request the addition of any products or services that Verra Mobility provides or other changes to the scope of work to be performed under this Agreement by providing a Change Order Notice to Verra Mobility. Upon Verra Mobility's receipt of the Change Order Notice, Verra Mobility shall deliver to Customer a Change Order Proposal. Following Customer's receipt of the Change Order Proposal, the parties shall negotiate in good faith regarding a plan and schedule for implementation of the proposed changes; the time, manner and amount of payment or price and any other matters relating to the proposed changes. Any Change Order Proposal mutually agreed to by the parties in writing shall be incorporated as an addendum to this Agreement. 15. TERMINATION: 15.1 Verra Mobility's services may be terminated: (i) By mutual written consent of the parties; or (i) For material breach of this Agreement by either party, where the other party fails in any material way to perform its obligations under this Agreement. a. Where Customer is in breach of this Agreement for non-payment of Fees to Verra Mobility, Verra Mobility may exercise any or all of the following remedies: (1) provide Customer written notice and ten (10) days to cure before suspending performance and turning off the Camera Systems; (2) terminate this Agreement for cause where Customer's account remains Page 7 of 22 Packet Pg. 621 delinquent sixty (60) days after written notice; and (3) in addition to the foregoing, seek any other available remedies at law or equity. b. Termination under this Subsection 15.1(ii) for any reason other than non-payment of Fees by Customer is subject to the condition that the terminating party notifies the other party of its intent to terminate, stating with reasonable specificity the grounds therefore, and the other party fails to cure the default within forty-five (45) days after receiving written notice. (ii) In the event of termination of this Agreement prior to the end of its term for any reason except for material breach by Verra Mobility, Customer shall pay Verra Mobility an early termination fee based on an amount of $105,000 per Red Light Safety Camera System and $105,000 per Fixed Site School Zone Speed Safety Camera System amortized over sixty (60) months on a straight-line basis. (iii) Customer recognizes the substantial upfront costs Verra Mobility will incur to procure, provide and install Camera Systems. Customer therefore agrees that any Camera Systems that Customer authorizes through a Notice to Proceed shall remain installed and operational for the duration of the term, unless otherwise mutually agreed. Verra Mobility will bill a restocking or standby fee for any upfront costs associated with the Camera System(s), vehicle(s), or other equipment in the event Customer terminates or suspends a Notice to Proceed. 15.2 Upon termination of this Agreement, including because it has reached the end of its term, the parties recognize that Customer will have to process Events in the "pipeline". Accordingly, the parties shall take the following actions and shall have the following obligations, which survive termination during the wind - down period: (i) Customer shall cease using the Camera Systems to capture Events. (ii) Unless it is unlawful to do so, Verra Mobility will, for a period of ninety (90) days, continue to process all Events captured before termination and provide all services associated with processing in accordance with this Agreement and shall be entitled to a monthly fee of $4,750 per Camera System. After such ninety (90) day period, Verra Mobility will terminate all use of the BOS for Customer's Program and upon such termination, the BOS, including Verra Mobility provided website accessible by Owners/violators, and related lockbox shall no longer be capable of accepting payments. (iii) Except as provided for in Section 15.2(iv) related to the Photo Enforcement Infrastructure, Customer shall return or allow Verra Mobility to recover all provided equipment within a reasonable time not to exceed ninety (90) days. (iv) Pursuant to Section 8, Customer shall be deemed to accept full ownership and control of the Photo Enforcement Infrastructure. Upon Customer's request or if otherwise required by Law, regulation, or administrative agency, and subject to the limitations set forth herein, Verra Mobility shall remove the Photo Enforcement Infrastructure Verra Mobility installed in connection with Verra Mobility's performance of its obligations under this Agreement for the actual cost of the removal (presently estimated at approximately $5,000 per Approach) plus an additional 20% service fee (the "Removal Fee"). As part of the services performed for the Removal Fee, Verra Mobility shall restore the surface of Customer's property to substantially the same condition as such property was in immediately prior to this Agreement, except for foundation removal, which shall be left approximately flush with grade with no exposed bolts, or other hazards. Installed underground Photo Enforcement Infrastructure shall not be required to be removed, and Customer shall accept and observe any and all duties, obligations, or liabilities associated with the remaining foundation, conduit, or other below -grade Photo Enforcement Infrastructure. Page 8 of 22 Packet Pg. 622 8.4.e 15.3 In the event of termination by Verra Mobility for non-payment of Fees by Customer, Verra Mobility shall cease processing Events as of the date of termination. 16. LIMITED AGENCY: Customer hereby grants Verra Mobility the authority to act on its behalf as a limited agent of Customer, and shall cause the applicable law enforcement agency to grant Verra Mobility the authority to act as a limited agent of the law enforcement agency, for the purposes of (i) facilitating establishment and maintaining bank accounts and delivering payment/transfer instructions, if applicable; (ii) access to DMV records; and (iii) generating and administratively processing recorded images of Events as described in this Agreement and the Business Rules. Verra Mobility and its employees, contractors, agents and servants will in no event be considered to be employees, agents (other than in the limited capacity described herein), or servants of Customer. This Agreement does not and shall not be interpreted as creating a general agency relationship between Verra Mobility and Customer. 17. USE OF SUBCONTRACTORS: From time to time, Verra Mobility may subcontract certain services provided under this Agreement without notice to or consent of Customer. 18. DATA RETENTION: Subject to litigation holds, court orders, changes in Law, or other legal requirements applicable to Verra Mobility, Verra Mobility shall maintain the categories of data set forth under the heading "Type of Record" for the periods of time set forth under the heading "Minimum Verra Mobility Retention Period" on EXHIBIT E during the term of this Agreement. Customer represents and warrants to Verra Mobility that the data retention schedule provided by Customer complies with the laws applicable to Customer. Within one hundred -twenty (120) days of the later of the termination of this Agreement or the termination of any wind -down period, Verra Mobility shall at its option either (i) place the Violation Images, Non -Violation Images, Individually Identifiable Violation Records, and Individually Identifiable Non -Violation Records (each as described on EXHIBIT E), not previously disposed of in accordance with the data retention schedule at a secured location with SFTP access or (ii) provide Customer with a hard -drive containing the Violation Images, Non -Violation Images, Individually Identifiable Violation Records, and Individually Identifiable Non -Violation Records, where Customer shall have ninety (90) days to retrieve and validate the information. After ninety (90) days, Verra Mobility shall delete all data from the SFTP location (if applicable) and shall have no further data retention obligations to Customer with respect to such data. 19. ASSIGNMENT: Neither parry may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. However, for business financing purposes or other corporate reorganizational purposes, Verra Mobility may sell, assign, transfer or convey any interest in this Agreement in whole or in part without the written consent of Customer. 20. FORCE MAJEURE: Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, hurricanes, epidemics, pandemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, supply -chain disruptions or governmental authorities approval delays which are not caused by any act or omission by the parties. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. For the avoidance of doubt, road construction within the control of the Customer Page 9 of 22 Packet Pg. 623 is not an event of Force Majeure on behalf of the Customer. The term of the Agreement shall be extended by a period equal to that during which either party's performance is suspended under this section. 21. NOTICES: Any notices or demand which, under the terms of this Agreement or under any statute, that must or may be given or made by Verra Mobility or Customer shall be in writing and shall be given or made by personal service, first class mail, Federal Express, or by certified mail to the parties at the following addresses: City of Edmonds 151 5th Ave N. Edmonds, WA 98020 Attn: Mayor Mike Nelson 22. LEGAL CONSTRUCTION: American Traffic Solutions, Inc. 1150 North Alma School Road Mesa, Arizona 85201 Attn: Legal Department — Government Solutions In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. This Agreement shall be enforced to the maximum extent possible so as to give effect to the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable herein. 23. AMENDMENTS TO THE AGREEMENT: Any changes, modifications or amendments to this Agreement shall be in writing and signed by both parties. 24. INTEGRATION: This Agreement constitutes the sole and only agreement of the parties and supersedes any prior or contemporaneous understanding, written or oral, between the parties respecting its subject matter. 25. SURVIVAL: The following provisions of the General Terms and Conditions shall survive the termination of this Agreement: Sections 5, 7, 8, 9, 11, 12, 13, 15, 16, 18, and 22 and this Section 25. 26. ADDITIONAL SERVICES: During the term of this Agreement, from time -to -time Verra Mobility may propose certain new technologies for Customer to consider and, if so desired, Customer may procure from Verra Mobility the new technologies through an amendment to this Agreement upon terms to be mutually agreed upon by the parties. 27. PILOTS: From time to time, at the mutual agreement of the parties, Verra Mobility may pilot existing Verra Mobility products and services or products and services that are under development by Verra Mobility or its current or future subcontractors and vendors (each a "Vendor"). During any pilot pursuant to this Section 27, registered owner information shall not be used and no Events will be issued as Citations and no mailing of warnings or Citations will occur. Customer expressly acknowledges that Verra Mobility is under no obligation to retain for any period of time any data produced by any pilot systems. Verra Mobility may request Customer or its employees to Page 10 of 22 Packet Pg. 624 provide feedback on the use, quality, viability, features, functionality, or desirability of pilot systems ("Customer Feedback"). All data, drawings, plans, specifications, blueprints, studies, reports, memoranda, computation sheets, computer files and media or other documents prepared or generated by Verra Mobility or a Vendor or a pilot systems in connection with any pilot shall remain the property of Verra Mobility (the "Pilot Data"). To the extent that such Pilot Data is provided to Customer, Verra Mobility grants to Customer a limited, personal, non sublicensable, nonexclusive license to use the Pilot Data, solely for evaluation and statistical purposes. Actual program performance may vary from pilot performance. Customer acknowledges and agrees that the terms of this Agreement, except for Sections 7, 12, 13, 17, 19, 21, 22 and this Section 27 shall not apply to any such pilot. 28. EXECUTION: This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, shall be deemed to constitute one and the same Agreement. The exchange of copies of this Agreement and of signature pages by facsimile or ".pdf' transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile or ".pdf' shall be deemed to be their original signatures for any purpose whatsoever. [REMAINDER OF PAGE INTENTIONA-LLY LEFT BLANK] NK] Page 11 of 22 Packet Pg. 625 8.4.e EXHIBIT A SERVICE FEE SCHEDULE 1.0 Description of Pricing Fees are based on per camera and are as follows: Product Description Fee per Camera per Month 1-4 Lane Fixed Site School Zone Speed Safety Camera System — the shall mutually agree on the number of Camera Systems to be installed. Assumes payment processing and adjudication to be handled by the Municipal Court. Fee $4, 750 is for a single Camera System monitoring a single direction of travel. 1-4 Lane Red Light Safety Camera System— the parties shall mutually agree on the number of Cameras Systems installed. Assumes payment processing and adjudication to be handled by the Municipal Court. Fee is for a single Camera $4,750 System monitoring a single direction of travel. Service Fees: Service Fees per Camera System above includes all costs required and associated with Camera System equipment and installation for monitoring up to 6 lanes and two signal phases, routine maintenance, use of BOS for operations, Event processing services, DMV records access, First Class mailing of Citation, call center support for general Program questions and public awareness Program support This pricing applies to all Cameras Systems installed within the first twelve (12) months of the term of this Agreement. Fee includes up to 800 issued infractions per camera per month. For any issued infractions issued over 800 per camera per month there will be a $5.00 processing fee per issued Citation. Verra Mobility's per Camera System monthly fee includes postage for the first class mailing of standard offering. Any additional mailings or Certified mail is extra and will be billed per unit as published by the US Postal Service plus a $2.00 per page service charge. Video Retrieval Fee: Verra Mobility shall retrieve up to one (1) video per week at no cost to Customer. For all additional video retrievals by Verra Mobility, the fee is $10.00 per fifteen (15) minute increment of video. This fee only applies to lawful non -violation video requests. Page 12 of 22 Packet Pg. 626 8.4.e EXHIBIT B SCOPE OF WORK Photo Enforcement (Red Light and Speed Enforcement) 1. VERRA MOBILITY SCOPE OF WORK 1.1 VERRA MOBILITY IMPLEMENTATION 1.1.1 Verra Mobility agrees to provide Camera System(s), use of the BOS and related services to Customer as outlined in this Agreement, excluding those items identified in Section 2 titled "Customer Scope of Work". Verra Mobility and Customer understand and agree that new or previously unforeseen requirements may, from time to time, be identified and that the parties shall negotiate in good faith to assign the proper party the responsibility and cost for such items. In general, if work is to be performed by Customer, unless otherwise specified, Customer shall not charge Verra Mobility for the cost. 1.1.2 Customer and Verra Mobility will complete the Project Time Line within thirty (30) days of Agreement execution date, unless mutually agreed to otherwise by the parties. Verra Mobility agrees to make every effort to adhere to the Project Time Line. 1.1.3 Prior to installing a Camera System, Verra Mobility may conduct a statistical analysis of each Approach being considered for a Camera System or Camera Systems ("Site Selection Analysis") to assist Customer in determining which Approaches will be the most beneficial to Customer in pursuit of its traffic safety and enforcement goals. Considerations may include collision history, community safety, police department staff review and engineering and construction feasibility assessment. Camera System installations will be based on mutual agreement by Customer and Verra Mobility. Verra Mobility makes no representations or warranties that any Violation rate estimates will be predictive of actual future traffic Violation rates. 1.1.4 Verra Mobility will install Camera System(s) at a number of Approaches to be mutually agreed upon between Verra Mobility and Customer after completion of Site Selection Analysis and as reflected in a written Notice to Proceed. In addition to any initial installation of Camera Systems the parties may mutually agree to add additional Camera System(s) or Approaches, which shall also be reflected in a written Notice to Proceed as set forth in EXHIBIT C. 1.1.5 Site installation plans for fixed -site installations shall be prepared under the supervision of, approved and sealed by a licensed professional engineer. 1.1.6 Verra Mobility will operate each Camera System on a 24-hour basis, barring downtime for maintenance, normal servicing activities, or other unforeseen instances, unless enforcement times are restricted by law, such as in school zones. 1.1.7 Verra Mobility's Communications Department will assist Customer with public information content and outreach campaign strategies. 1.1.8 Verra Mobility agrees to provide a secure website accessible to Owners/violators who have received notices of violation by means of a Notice # and PIN, which will allow Violation image and video viewing. Verra Mobility shall include a link to the payment website(s) and may offer the opportunity to download an affidavit of non -liability online. Verra Mobility will operate this secure website on a 24-hour basis, barring downtime for maintenance, normal servicing activities, or other unforeseen instances. Page 13 of 22 Packet Pg. 627 8.4.e 1.1.9 Verra Mobility will provide technician site visits to each Camera System, as needed, to perform maintenance checks consisting of camera enclosure lens cleaning; camera, strobe and controller enclosure cleaning; inspection of exposed wires; and, general system inspections and maintenance. 1.1.10 Verra Mobility shall take commercially reasonable best efforts to repair a non-functional System within seventy-two (72) hours (excluding weekends and holidays) of determination of a malfunction. 1.2 VERRA MOBILITY OPERATIONS 1.2.1 Verra Mobility shall implement and operate the Program in accordance with the provisions of this Agreement and the Customer's Business Rules. 1.2.2 If a warning period is required, Verra Mobility shall provide Customer with a one-time warning period up to thirty (30) days in length following the installation and activation of the first installed Camera System. Customer shall not be charged a fee for the warning period; however for any warning period exceeding thirty (30) days Customer shall be responsible for the normal monthly Fee. 1.2.3 Verra Mobility shall provide Customer with access to the BOS, including image processing, first and second notice printing and mailing per Violation, a hearing scheduled letter, a hearing denied letter, an insufficient information letter, and a dismiss letter. In the case of a transfer of liability by the Owner, the BOS shall be setup to mail a Citation to the driver identified in the affidavit of non -liability or identified by a rental car company. Costs of certified mailings are priced separately and paid by Customer to Verra Mobility as indicated in EXHIBIT A. 1.2.4 Subsequent notices, other than those specified in Subsection 1.2.3 may be delivered by first class or other mail means for additional compensation to Verra Mobility as agreed upon by the parties. 1.2.5 Verra Mobility shall apply an electronic signature, name, or badge number to the Citation as authorized in the Customer's Business Rules. 1.2.6 Verra Mobility may make non -substantive formatting or incidental changes to the Citation form without approval by Customer. 1.2.7 Verra Mobility shall seek records from vehicle registration databases reasonably accessible to Verra Mobility through its limited agent relationship with Customer and use such records to assist Customer in processing Citations. Verra Mobility may mail Citations to the address of the Owner obtained through the DMV, obtained through the National Change of Address (NCOA) database provided by the United States Postal Service, or obtained through other means including but not limited to skip tracing. Verra Mobility reserves the right to pass -through to Customer any cost increases imposed on Verra Mobility by DMV data sources. 1.2.8 The BOS shall provide Customer with the ability to run and print standard system reports. Verra Mobility provides a suite of standard program reporting at no charge to clients with active Programs. Upon notice to Customer, Verra Mobility reserves the right to modify the suite of standard program reporting available to Customer, so long as such change applies generally to customers with similar programs. Customized reporting services are available upon written request. The fee for such services shall be mutually agreed upon. 1.2.9 During the twelve (12) month period following the installation or deployment of the first Camera System, upon Verra Mobility's receipt of a written request from Customer at least fourteen (14) calendar days in advance of a court proceeding, and if required by the court or prosecutor, Verra Page 14 of 22 Packet Pg. 628 Mobility shall provide Customer with or train a local expert witness to testify in court on matters relating to the accuracy, technical operations, and effectiveness of the Camera System or the BOS until judicial notice is taken. Customer shall use its best efforts to obtain judicial notice as soon as possible. If a Verra Mobility expert witness is required more than two (2) times during the twelve (12) month period, Customer shall reimburse Verra Mobility for any reasonable time and travel costs incurred for the additional dates. 1.2.10 In those instances where damage to a System (or sensors where applicable) is caused by (i) negligence on the part of Verra Mobility or its authorized agent(s), Verra Mobility shall bear the cost of repair or (ii) negligence or recklessness on the part of a driver or severe weather or other Force Majeure events, Verra Mobility and Customer shall bear the cost of repair equally with Customer reimbursing Verra Mobility for its portion of the cost of repair. For all other causes of damage, including road construction, Customer negligence, etc. Customer shall reimburse Verra Mobility for the cost of repair. 1.2.11 Verra Mobility shall provide a help -line to assist Customer with resolving any problems encountered regarding its Camera System and/or the BOS. The help -line shall function during Business Hours. 2. CUSTOMER SCOPE OF WORK 2.1 GENERAL IMPLEMENTATION REQUIREMENTS 2.1.1 Within seven (7) business days of the Effective Date of this Agreement, Customer shall provide Verra Mobility with the name, title, mailing address, email address and phone number of all Customer stakeholders, including: o A project manager with authority to coordinate Customer responsibilities under this Agreement; o Court manager responsible for oversight of all Court -related program requirements; o The police contact; o The court contact; o The person responsible for overseeing payments by violators (might be court); o The prosecuting attorney; o The Customer attorney; o The finance contact (who receives the invoices and will be in charge of reconciliation); o The IT person for the police; o The IT person for the courts; o The public works and/or engineering contact responsible for issuing any/all permits for construction; and o Court manager responsible for oversight of all Court -related program requirements. 2.1.2 Customer and Verra Mobility shall complete the Project Time Line within thirty (30) calendar days of the Effective Date of this Agreement, unless mutually agreed to otherwise by the parties. Customer shall make every effort to adhere to the Project Time Line. 2.1.3 As requested from time to time by Customer, Verra Mobility will provide Customer with a mock- up of the Citation and other notices within fifteen (15) days. Customer shall review the Citation and other notices to ensure conformity with the Laws applicable to Customer. Verra Mobility shall not implement changes to the Citation or other notices without Customer's prior review and sign -off. Customer is responsible for the content of its Program notices, including but not limited to Citations. Page 15 of 22 Packet Pg. 629 2.1.4 Customer shall direct the law enforcement agency to execute the Verra Mobility DMV Services Subscriber Authorization (substantially in the form attached as EXHIBIT D) to provide verification to the National Law Enforcement Telecommunications System (NLETS) indicating that Verra Mobility is acting on behalf of the Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. 2721, Section (b)(1). Access to registered owner information through National Law Enforcement Telecommunications System (NLETS) requires Customer to provide Verra Mobility with a unique Customer ORI. In addition to the Verra Mobility DMV Services Subscriber Authorization, Customer shall execute agreements or applications as requested by Verra Mobility with departments of motor vehicle to provide Verra Mobility with access to motor vehicle data. In addition, in order to access certain state departments of motor vehicles record directly (not through NLETS), agreements or applications directly between customer and the state DMV may be required by Customer, including agreements requiring Customer to comply with certain permissible use, privacy, and security requirements of the applicable state department of motor vehicle may be required. If Customer requires Verra Mobility to access registered owner information from sources other than NLETS or direct through a state DMV, additional fees will apply. 2.1.5 Customer shall prepare, execute, update, and maintain the Business Rules for implementation and operation of the Program. Customer's failure to timely prepare the Business Rules may impact the Project Time Line. Verra Mobility shall not be liable for Customer's failure to update and maintain the Business Rules 2.1.6 Customer is responsible for notifying Verra Mobility of any local legislative and/or ordinance changes in writing within forty-eight (48) hours of the first read of the proposed legislation. Verra Mobility will not be responsible for complying with any change in applicable local law, until such time as Verra Mobility has been notified by Customer in writing of the change in Law. In the event of a change in Law, excluding a change in Customer's local law, which would increase the cost of Verra Mobility's provision of the Services, Verra Mobility may propose a Fee increase to Customer. If the parties cannot mutually agree on the Fee change, Verra Mobility may terminate this Agreement. In the event of a change in or adoption of a local law of Customer, which would increase the cost of Verra Mobility's provision of the Services, Verra Mobility shall provide Customer with a Fee increase consistent with Verra Mobility's increased operating cost, and Customer shall be obligated to pay such increased Fees. 2.1.7 Customer is responsible for all final jurisdictional issues, including but not limited to as they pertain to issuance of Citations, adjudication of Violations, and intergovernmental authorities. 2.1.8 Once a Notice to Proceed is granted to Verra Mobility in writing, Customer shall not issue a stop work order to suspend activity on the implementation process, unless Customer reimburses Verra Mobility for costs incurred up to the date the stop work order is issued. 2.1.9 Customer will comply with all applicable Laws relating to its conduct with respect to the Program, and Customer shall not use the Camera Systems or the BOS for any purpose not permitted by Law. 2.1.10 Once a Camera System is installed and determined by Verra Mobility as operational, it shall be immediately put into service. 2.1.11 Customer shall process each Event in accordance with state law and/or municipality ordinances within three (3) business days of its appearance in the law enforcement review queue, using the BOS to determine which Events constitute Violations that will be issued as Citations. In the event that Customer fails to process Events within this timeframe, Verra Mobility shall not be Page 16 of 22 Packet Pg. 630 liable for failure of the BOS to allow Customer to issue a notice or Citation within statutory timeframes. 2.1.12 In the event that remote access to the BOS is blocked by Customer network security infrastructure, Customer's Department of Information Technology shall coordinate with Verra Mobility to facilitate appropriate communications while maintaining required security measures. 2.2 STREETS AND TRAFFIC DEPARTMENT OPERATIONS 2.2.1 All Camera Systems are intended to remain installed for the duration of the Agreement. If Customer requests that Verra Mobility move a Camera System after initial installation, Customer shall pay for the total cost to relocate the System. 2.2.2 If a construction or improvement project requires an installed Camera System to be deactivated or requires a Camera System, including imbedded sensors, to be moved or removed, Customer shall pay a reduced monthly fee of $2,500 per month for the deactivated Camera System during the time the Camera System is deactivated and pay any costs incurred by Verra Mobility for removing, and if applicable reinstalling, the System. If the System shall be reinstalled after project is completed, in lieu of paying the reduced monthly Fee while Camera System is deactivated Customer may instead elect through a Change Order, or other written modification to the Agreement, to extend the current term of the Agreement for the time period the Camera System was deactivated. 2.2.3 Prior to the installation of any System, Customer shall provide Verra Mobility information regarding any and all road construction or improvement projects scheduled during the term of this Agreement for any Approach designated for System installation. In addition, within thirty (30) days of becoming aware of anticipated construction that may result in the deactivation or removal of a System or otherwise impact an Approach during the term of this Agreement, Customer shall notify Verra Mobility of any such construction. 2.2.4 Customer will design, fabricate, install and maintain camera warning signs required by Law for purposes of operating the Program. If Customer cannot provide such signage, Verra Mobility will do so, and Customer shall reimburse Verra Mobility for such costs. Even if Verra Mobility provides such signage, Customer shall remain responsible for maintaining such signage in compliance with applicable Laws. 2.2.5 Customer understands that proper operation of the Red Light Safety Camera System requires access to traffic signal phase connections. Customer, therefore, shall provide access to traffic signal phase connections according to approved design. When traffic signal phase connections are not under the jurisdiction of Customer, it shall be Customer's responsibility to negotiate agreements with the owner or maintaining agency of the traffic signal controller and infrastructure in order to provide the required access to said phase connections and infrastructure and any costs associated with needed agreements shall be funded by Customer. 2.2.6 Customer understands that proper operation of the Red Light or Fixed Site School Zone Speed Safety Camera Systems sometimes requires attachment of certain items of detection equipment to existing signal masts, mast arms and/or other street furniture. Customer, therefore, shall provide access to Verra Mobility to attach certain items of detection equipment to existing signal masts, mast arms and / or other street furniture if required for the proper operation of the System. 2.2.7 Customer shall allow Verra Mobility to access power from existing power sources at no cost and, if applicable, shall allow or facilitate access to traffic signal phase connections to a pull box, pole base, or controller cabinet nearest to each System within Customer's jurisdiction. If these items Page 17 of 22 Packet Pg. 631 are not made available, the costs of any additional conduit or power infrastructure needed to support installation of the Camera System shall be funded by Customer. Verra Mobility may agree to cover these upfront costs and separately bill Customer through the monthly invoice over a period not to exceed one year. If existing power sources are not immediately available, Customer will allow Verra Mobility to use temporary power until the existing power is established. In situations where it is not possible to obtain electrical power from a pre-existing source, Customer shall bear the costs (or reimburse Verra Mobility) for obtaining/routing power. When access to power facilities is not under the jurisdiction of Customer, it shall be Customer's responsibility to negotiate any necessary agreements with the owner or maintaining agency of the power facility and infrastructure in order to provide required access to said power facilities and infrastructure. Any costs associated with the needed agreements shall be funded by Customer. 2.2.8 Verra Mobility installation plans, where required by Law, shall be approved by a licensed professional engineer and such deliverables shall conform to applicable engineering norms and reflect the details of installation work to be completed. 2.2.9 Customer shall approve or reject Verra Mobility submitted plans within seven (7) business days of receipt. Customer shall use best efforts to ensure that the total duration between submittal and finalization does not exceed ten (10) days for plan approvals when plans are being reviewed and permitted by any state, county, and/or local agencies. 2.2.10 Customer, or any department of Customer, shall not charge Verra Mobility or its subcontractor(s) for building, construction, electrical, street use and/or pole attachment permits, including any fee for traffic control services and permits during installation or maintenance of a System. Customer shall also apply for, when in Customer's name, or coordinate the application for, when in the name of a Customer agency, school, or school district, and fund any and all needed state, local, and/or county permits, including any traffic control permits. 2.2.11 Customer understands and agrees that time is of the essence and that public safety is at issue and shall issue all needed permits to Verra Mobility and its subcontractor(s) within three (3) business days of plan approval. Customer shall provide its best efforts to aid in achieving these timeframes for permit issuance when permitted by any state, local, and/or county agency. 2.2.12 If required by the submitted design plan for proper operation, Customer shall allow Verra Mobility to install vehicle detection sensors in the pavement of roadways within Customer's jurisdiction, as permitted. Customer shall provide its best efforts to aid in acquiring any and all required permission and permits when the roadway is under the jurisdiction of the state or county. 2.2.13 Customer shall allow Verra Mobility to build needed infrastructure into any existing Customer - owned easement. 2.2.14 If use of private property right-of-way is needed, Customer shall assist Verra Mobility in acquiring permission to build in existing utility easements as necessary. Any costs for private property right- of-way lease/rental costs shall be borne by Customer as it is expressly excluded from the base fee structure identified in the fee schedule. 2.3 COURTS OPERATIONS 2.3.1 Customer is responsible for the adjudication of Citations in accordance with all applicable Laws. 2.3.2 Customer shall provide a judge or hearing officer and court facilities to schedule and hear disputed Citations. Page 18 of 22 Packet Pg. 632 8.4.e 2.3.3 Customer shall make reasonable efforts to provide the specific text required to be placed on the Citation or notice of infraction to be issued by Customer using the BOS System within thirty (30) days of the Effective Date of this Agreement; provided, that the Parties recognize that the Washington Administrative Office of the Courts ("AOC") must first approve the specific text. While Customer shall make reasonable efforts to expedite the AOC approval process and shall provide the specific text promptly upon its approval by AOC, the Parties recognize that AOC's approval of the text may not occur within thirty (30) days of the Effective Date of this Agreement. 2.3.4 Customer shall approve the Citation form within fifteen (15) days of receipt from Verra Mobility. Verra Mobility may make non -substantive formatting or incidental changes to the Citation without approval by Customer. 2.3.5 Customer shall handle inbound and outbound phone calls and correspondence from defendants who have questions about disputes and other issues relating to Citation adjudication. Customer may refer individuals with questions regarding the Camera System technology and processes to websites and/or toll free telephone numbers provided by Verra Mobility for that purpose. 2.3.6 Customer may pursue delinquent collections of unpaid notices with the court, an existing contractor, or Verra Mobility. 2.3.7 Verra Mobility has an established interface with the AOC, which the Customer may use and any potential, one-time, direct costs to Verra Mobility to develop a customized or unique interface with the Court system will be initially paid by Verra Mobility and any such cost will be reimbursed to Verra Mobility in addition to the Fees in EXHIBIT A, Service Fee Schedule. Verra Mobility shall provide the Customer any cost estimates prior to conducting the work. 2.4 INFORMATION TECHNOLOGY DEPARTMENT OPERATIONS 2.4.1 In the event that remote access to the BOS System is blocked by Customer network security infrastructure, Customer's Department of Information Technology shall coordinate with Verra Mobility to facilitate appropriate communications while maintaining required security measures. Page 19 of 22 Packet Pg. 633 8.4.e EXHIBIT C FORM OF NOTICE TO PROCEED Reference is made to the Professional Services Agreement by and between American Traffic Solutions, Inc., doing business as Verra Mobility ("Verra Mobility") and City of Edmonds, WA ("Customer"), dated as of May 15, 2023 (the "Agreement"). Capitalized terms used in this Notice to Proceed shall have the meaning given to such term in the Agreement. Customer hereby designates this [first] phase implementation of cameras at Approaches. Verra Mobility shall make its best efforts to install a Camera System within ninety (90) days of permits being granted and power delivered for each agreed -upon Approach, providing that Customer has received permission for all implementations in writing from any third -party sources. Below is a list of locations provided by Customer, which have been analyzed based on traffic volumes, road geometry, and existing infrastructure and are believed to be locations at which a Camera System would increase public safety. Execution of this Notice to Proceed by Customer shall serve as authorization for the installation of Camera Systems for all Approaches designated as follows: Direction Approach Cross -street or School Name (if applicable) Eastbound 7900 blk 212th St. SW Edmonds-Woodway High School Southbound 21500 blk 76th Ave W. Edmonds-Woodway High School Southbound 21500 blk 84th Ave W. Chase Lake Elementary School Southbound 23100 blk 100th Ave W. Scriber Lake School Westbound 9500 blk 220th St. SW Westgate Elementary School Customer understands that implementation and installation of any Approach or location is subject to Site Selection Analysis and constructability results. Customer recognizes the substantial upfront costs Verra Mobility will incur to construct and install the Systems for the above listed Approaches. Customer agrees that the Systems authorized by this Notice to Proceed for the above -listed Approaches or locations shall remain installed and operational for the duration of the current term of the Agreement. Verra Mobility reserves the right to bill Customer for any upfront costs associated with the Approach(es) listed above in the event Customer elects to cancel or suspend the installation. IN WITNESS WHEREOF, Customer has executed this Notice to Proceed as of the date written below. CITY OF EDMONDS, WASHINGTON By: Wo N e: Mike Nelson Date ,tlP• MgITnY ACKNOWLEDGED AND AGREED TO BY: AMERICAN TRAFFIC SOLUTIONS, INC. Loll M&Iil Jun 29, 2023 By: jon baldwin (Jun 29, 2023 12:09 PDT) Name: Date Title: Page 20 of 22 Packet Pg. 634 8.4.e EXHIBIT D DMV SERVICES SUBSCRIBER AUTHORIZATION Agency ORI: WA0310200 DATE NLETS 1918 W. Whispering Wind Dr. Phoenix, AZ 85085 Attn: Frank L. Minice, Executive Director/CEO Re: Authorization for American Traffic Solutions, Inc. to Perform MVD/DMV Inquiry Dear Mr. Mince: The Edmonds Police Department authorizes the City of Edmonds, Washington to use the Edmonds Police Department ORI - WA0310200 for the limited purpose of obtaining vehicle registration through NLETS. This letter acknowledges that a contract to perform automated enforcement between the City of Edmonds, Washington and American Traffic Solutions, Inc., doing business as Verra Mobility ("Verra Mobility"), is in force. As a requirement of and in performance of that contract between the City of Edmonds, Washington and Verra Mobility, it will be necessary for Verra Mobility to access NLETS for motor vehicle data on our agencies behalf. Please accept this letter as authorization from the Edmonds Police Department for Verra Mobility to run motor vehicle inquiries for this purpose. This authorization will automatically expire upon the termination of the contract between the City of Edmonds, Washington and Verra Mobility; and, such authorization is limited to violations detected by the automated enforcement camera systems. By completing the information below and signing this letter, I am stating that I am a member of and have the authority to extend this authorization on behalf of the Edmonds Police Department. Subscriber Agency/Name Agency ORI Name/Title of Authorized Representative Mailing Address Telephone Email SUBSCRIBER INFORMATION Edmonds Police Department WA0310200 Michelle Bennett / Chief of Police 250 5th Ave N. Edmonds, WA 98020 425-771-0200 Fax 425-771-0276 Michelle.Bennett ,)edmondswa.gov Signature of Authorized Representative Date Signed 0( i(p Page 21 of 22 Packet Pg. 635 8.4.e EXHIBIT E RETENTION SCHEDULE*** [This schedule to be completed by Customer in conformity with their applicable state and local law. Type of Record Minimum Verra Mobility Retention Period Violation Images* (including video clips and related metadata) _12_ months from payment or final adjudication Non -Violation Images (including video clips and related metadata)** _60_ days from Event capture date Individually Identifiable Violation Records* 12 months from payment or final adjudication Individually Identifiable Non -Violation Records** _60_ days from Event capture date Audio recording from contact center 90 days from call Written correspondence with citizens regarding Violations 1 year from date of correspondence Camera System Calibration/Certification Records _24_ an applicable months from payment or final adjudication of Violation Maintenance Records _12_ an applicable months from payment or final adjudication of Violation Other Program Records 6 years from termination of the Agreement Violation Image: an image of a Violation issued as a Citation. Individually Identifiable Violation Records: a record containing individually identifiable information pertaining to a Violation issued as a Citation. ** Non -Violation Image: an image of an Event not issued as a Citation. Individually Identifiable Non -Violation Records: a record containing individually identifiable information pertaining to an Event not issued as a Citation. *** Retention period is not applicable upon termination of the Agreement and the data is provided to Customer pursuant to Section 15 of the Agreement. This records retention schedule does not apply to any Event data captured by the Camera System, but not uploaded into BOS. For the avoidance of doubt, this records retention schedule does not apply to any records related to any Pilot Data. Page 22 of 22 Packet Pg. 636 8.4.e Vera2 Final Audit Report Created: 2023-06-29 By: Alexandra Ehlert (Alexandra. Ehlert@Edmondswa.gov) Status: Signed Transaction ID: CBJCHBCAABAAUyeMgLuAt6GNKUGHkdWtR3901vORzxyg "Vera2" History Document created by Alexandra Ehlert (Alexandra. Ehlert@Edmondswa.gov) 2023-06-29 - 3:56:05 PM GMT Document emailed to jon.baldwin@verramobility.com for signature 2023-06-29 - 3:57:26 PM GMT Document shared with Ray.Pedrosa@verramobility.com by Alexandra Ehlert (Alexandra. Ehlert@Edmondswa.gov) 2023-06-29 - 4:02:06 PM GMT 2023-06-29 Document shared with Dan.Reeb@verramobility.com by Alexandra Ehlert (Alexandra. Ehlert@Edmondswa.gov) 2023-06-29 - 4:02:06 PM GMT Document shared with Sharon Cates (SHARON@LIGHTHOUSELAWGROUP.COM) by Alexandra Ehlert (Alexandra. Ehlert@Edmondswa.gov) 2023-06-29 - 4:02:08 PM GMT Document shared with Rod Sniffen (Rod.Sniffen@edmondswa.gov) by Alexandra Ehlert (Alexandra. Ehlert@Edmondswa.gov) 2023-06-29 - 4:02:08 PM GMT Document shared with Christina Deal (christina.deal@verramobility.com) by Alexandra Ehlert (Alexandra. Ehlert@Edmondswa.gov) 2023-06-29 - 4:02:08 PM GMT Email viewed by jon.baldwin@verramobility.com 2023-06-29 - 7:08:43 PM GMT Signer jon.baldwin@verramobility.com entered name at signing as jon baldwin 2023-06-29 - 7:09:12 PM GMT Q Document e-signed by jon baldwin Qon.baldwin@verramobility.com) Signature Date: 2023-06-29 - 7:09:14 PM GMT - Time Source: server 0 Adobe Acrobat Sign Packet Pg. 637 1 8.4.e O Agreement completed. 2023-06-29 - 7:09:14 PM GMT 0 Adobe Acrobat Sign Packet Pg. 638 8.5 City Council Agenda Item Meeting Date: 06/25/2024 City Attorney Annual Report Staff Lead: Jeff Taraday, City Attorney Department: City Attorney's Office Preparer: Scott Passey Background/History Each year the City Attorney provides an annual report to the City Council. Staff Recommendation No city council action other than asking any questions you might have. Narrative Lighthouse Law Group PLLC ("Lighthouse") serves as the city attorney for the City of Edmonds. The members of the city attorney team are the following six members of Lighthouse (Jeff Taraday, Sharon Cates, Patricia Taraday, Beth Ford, Tom Brubaker, and Angela Tinker) and Mike Bradley, who works under the Lighthouse contract in an Of Counsel capacity. Attachments: 2024-06-20 City Attorney Annual Report Packet Pg. 639 CITY ATTORNEY ANNUAL REPORT June 25, 2024 Lighthouse L 8.5.a T ?w r-a wr to \� U r- 0 CL (1) a Packet Pg. 641 The City Attorney Team Mike Bradley (of counsel) Lighthouse L 2023 Significant Projects • Engaged in labor negotiations with three police bargaining groups, all of which have final Collective Bargaining Agreements • process included numerous negotiations of related agreements regarding labor disputes (e.g., implementation of body cameras), as well as a PERC mediation . - Packet Pg. 643 2023 Significant Projects • Assisted the police with contract negotiation for and implementation of automated traffic safety cameras • Assisted the police with code updates resulting from updated state police reform legislation 2 EdMIFFackela.644 M 2023 Significant Projects • Assisted with Library property issues, including obtaining a Quit Claim Deed for a portion of the property from the Edmonds School District and negotiating agreements with Sno-IsLe Libraries relating to the flood damage restoration and related insurance issues Lighthouse L 2v - . . 2023 Significant Projects • Served as lead on transition of Prosecuting Attorney Services, including drafting and managing RFP and engagement in related discussions with the Snohomish County Prosecuting Attorneys Office Li2kim h 2023 Significant Projects • Ebb Tide - successful defense of trial court judgment regarding easement rights: • Drafted briefs, prepared for oral argument at court of appeals. • Drafted answer to petition for review at state supreme court. 0 0 Lighthouse L i -. . 2023 Significant Projects • Oakes: code enforcement/ abatement • Drafted motion and reply briefs. Received a Judgment Summary and Order on Final Judgment. • Evaluating and positioning for lien foreclosure. . - - Packet Pg. 648 2023 Significant Projects • Rimmer -takings case: • Research, drafting of Motion for SummaryJudgment • Case is well positioned for reversal at the Court of Appeals Lighthom L L�vv 2023 Significant Projects • Public Records Act compliance • Research / detailed analysis re attorney invoice redaction; proposed redactions in response to voluminous public records request • Responded to PRA injunction litigation between third -parties (requester and subject of request seeking protection on privacy grounds), advised police records officer regarding same Packet Pg. 650 2023 Significant Projects • Obtained ruling from Department of Revenue exempting the city from sales tax on purchases made on the Carbon Recovery Project at the WWTP (as long as city can sell the product and makes timely application for refund) km Lci�ghthouse -. . 2023 Significant Projects • Worked on cable franchise fee audits and cable franchise renewals • ZipLy dispute settled; • Comcast dispute to be resolved as part of re n ewa L Li2hthouse L V • • 2023 Significant Projects • Other Franchise Work • Engaged in discussions with PUD attempting to resolve various ongoing ROW use concerns, including proposed AMI installation • Engaged in regular meetings with PSE attempting to negotiate franchise terms Lighthouse L 2,/ • • 2023 Significant Projects • Real Estate Acquisition Efforts • Landmark option agreement • Hurst property (ultimately abandoned) • Mee property L hthouse -. City Attorney Team Stats January 1, 2023 through December 31, 2023 First year on hourly contract • Lighthouse worked 2644 hours for Edmonds in 2023... — compared to 3508 hours in 2022 — Compared to 3367 hours in 2021 • Why the dip? i -ihthouse Packet Pg. 655 City Attorney Team Stats January 1, 2023 through December 31, 2023 First year on hourly contract • Two primary factors for using 864 fewer hours than 2022 — Big reduction in Ebb Tide work 417 hours — City Council usage down by 141 hours — Subtotal = 558 . - Packet Pg. 656 New billing categories Over 90 matters currently open in our billing software • Not all get used regularly L hthouse -. 2023 Top 15 matters 15. AdminSery - public records advising (55 hours) 14. PW - franchise - Ziply cable renewal (65 hours) 13. Parks - real property acquisition (65 hours) 12. Council - agenda planning and preparation for council meetings (69 hours) 11. Police - misc advice and projects (70 hours) Lhthouse 2023 Top 10 matters 10. HR - labor bargaining (73 hours) 9. Litigation - Nathan Rimmer (78 hours) 8. Parks - contracting, bidding, and acquisition (non -capital) (85 hours) 7. Council - misc advice and projects (98 hours) 6. AdminSery - public records R001 793 (104 hours) Lci�ghthouse LM.,,. 2023 Top 5 matters 5. PW - contracting, bidding, and acquisition (non -capital) (116 hours) 4. PW — SnoPUD (133 hours) 3. Litigation - Ebb Tide (170 hours) 2. Council - attendance at council meetings (196 hours) 1. PW - franchise - other (225 hours) ighthouse Legal Department Costs January 1, 2023 through December 31, 2023 • Total legal fees in 2023 amounted to $739)741 • In 2022, under the final year of the flat fee, Edmonds paid $647,436 to Lighthouse • 14% increase i -ihthouse Packet Pg. 661 Legal Department Costs January 1, 2023 through December 31, 2023 • 2023 hourly rates • Three attorneys billed at $336 / hour • Four attorneys billed at $253 / hour • Average hourly rate was $280 / hour - Packet Pg. 662 Comparing $280 to the rates paid by the city's comparable cities in 2023 • Issaquah (Madrona): — $270 - $320 • Mukilteo (Ogden Murphy Wallace): — $262 - $309 (with most hours $262 - $286) • Lynnwood (Kenyon Disend): — $170 - $400 . - Packet Pg. 663 8.5.a O JefTaraday Sharon Cates Patricia Taraday Mike Bradley Beth Ford Tom Brubaker Angela Tinker OIENEGINIISIO 2011 2011 2011 2011 2012 2018 2019 e� Q Packet Pg. 664 cities lnsurancc Authority Coverage Claims arising from alleged: is Employment related action, e.g. retaliation and harassment is Police excessive force is Land use damage is Auto liability is Defective street or sidewalk is Sewer obstruction is Premises liability is Other negligence i -ihthouse 8.5.a WIA 0 0 [cities 0 A& Packet Pg. 666 Who is the client? RPC 1.1 3(a) A lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents. Lighthouse L Law �:.. The Attorney — Client Relationship Attorney Organizational Duly Authorized Client Constituents Lighthouse L Duly Authorized Constituents? L 4=* • Individual City Councilmembers eCuncil Boards & Judg � t� mmissions • Directors MOMi1 Lighthouse What about your constituents, the citizens? N City Council rCitizen Lighthouse L Why no direct interaction with citizens? RPC 1.6(a): A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b). ' Lighthouse L Law �:. So you aren't the client... are your communications still confidential? RPC 1.13, comment 2: When one of the constituents of an organizational client communicates with the organization's lawyer in that person's organizational capacity, the communication is protected by Rule 1.6. IIL: Lighthouse Law kii Confidentiality within the city ... This does not mean, however, that constituents of an organizational client are the clients of the lawyer. The lawyer may not disclose to such constituents information relating to the representation except for disclosures explicitly or impliedly authorized by the organizational client in order to carry out the representation or as otherwise permitted by Rule 1.6. Lighthouse L Questions? ' Lighthouse �-�• Law �� :