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2025-07-22 City Council PacketAgenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 JULY 22, 2025, 6:00 PM Edmonds City Council Agenda July 22, 2025 Page 1 REGULAR COUNCIL MEETINGS 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 1. CALL TO ORDER/FLAG SALUTE 2. 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. APPROVAL OF THE AGENDA 5. PRESENTATIONS 1. Proclamation Recognizing July 2025 as Disability Pride Month (5 min) 2. Mayor's Finance Update (10 min) 6. AUDIENCE COMMENTS THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. 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. 7. RECEIVED FOR FILING 1. Written Public Comments (0 min) 2. Waterfront Buoys Installation Project Update (0 min) Edmonds City Council Agenda July 22, 2025 Page 2 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Meeting Minutes July 1, 2025 2. Approval of Council Meeting Minutes July 8, 2025 3. Approval of Council Committee B Minutes July 15, 2025 4. Approval of claim checks and wire payments. 5. Approval of payroll and benefit checks, direct deposit and wire payments. 6. WSDOT fiber agreement 7. Classic Car Show & Oktoberfest Event Agreements 8. Confirmation of Planning Board Appointment 9. Job Order Contracting program-Contractor renewal 10. Ordinance to Adopt Residential Parking Code Updates (AMD2025-0005) 11. Interim Ordinance Regarding Impact Fees 9. PUBLIC HEARINGS 1. Public Hearing for Neighborhood Centers & Hubs (NCH) Zoning Code Update (60 min) 2. Public Hearing on Proposal to Amend the Official Street Map (30 min) 3. Public Hearing on Street Vacation Code Updates (30 min) 10. COUNCIL BUSINESS 1. Discussion of Street Vacation Code Updates (20 min) 2. Pro/Con Committee Selection for Levy Lid Lift Ballot Measure (15 min) 11. COUNCIL COMMENTS 12. MAYOR'S COMMENTS ADJOURNMENT City Council Agenda Item Meeting Date: 07/22/2025 Proclamation Recognizing July 2025 as Disability Pride Month Staff Lead: Mayor's Office Department: City Council Preparer: Beckie Peterson Background/History The American with Disabilities Act (ADA) was passed on July 26, 1990 to ensure the civil rights of people with disabilities. Staff Recommendation N/A Narrative Mayor Rosen will read a proclamation recognizing July 2025 as Disability Pride Month. Receiving the proclamation: Courtney Criss, The Arc of Snohomish County Attachments: Proclamation July 2025 Disability Pride Month 5.1 Packet Pg. 3 5.1.a Packet Pg. 4 At t a c h m e n t : P r o c l a m a t i o n J u l y 2 0 2 5 D i s a b i l i t y P r i d e M o n t h ( P r o c l a m a t i o n R e c o g n i z i n g J u l y 2 0 2 5 a s D i s a b i l i t y P r i d e M o n t h ) City Council Agenda Item Meeting Date: 07/22/2025 Mayor's Finance Update Staff Lead: Mayor Rosen Department: City Council Preparer: Beckie Peterson Background/History On July 2, 2024 the council voted to have a Mayor Update as an ongoing item on all regular meeting agendas. This was in response to a recommendation from the Mayor's Blue Ribbon Panel. Staff Recommendation No action, informational Narrative The Mayor, or another member of the administration, will answer questions about City finances that have been requested by council in advance and will also share actions related to the fiscal emergency that have transpired since the last update. When there is nothing new to report, this agenda item will be the opportunity to share that there is nothing new to report. 5.2 Packet Pg. 5 City Council Agenda Item Meeting Date: 07/22/2025 Written Public Comments Staff Lead: City Council Department: City Council Preparer: Teresa Simanton Background/History N/A Recommendation Acknowledge receipt of written public comments. Narrative Public comments submitted to the web form for public comments <https://www.edmondswa.gov/publiccomment> between July 3 - July 14th, 2025. Attachments: Public Comment July 22 2025 1 7.1 Packet Pg. 6 Edmonds City Council Public Comments – July 22, 2025 Online Form 2025-07-07 03:00 PM(MST) was submitted by Guest on 7/7/2025 6:00:34 PM (GMT-07:00) US/Arizona Name Value FirstName Thomas LastName Duren Email CityOfResidence Edmonds AgendaTopic Increased Taxes Comments As a 76 year old resident of Edmonds, I'm sick and tired of increased taxes everywhere. All government needs to work on a budget like citizens have to (living within our means) and trim unnecessary spending in order to provide for reasonable services to each community and thus limit taxes. Surely you can to this. We have to live within our own budget every day! To view this form submission online, please follow the link below: https://edmondswa.gov/form/one.aspx?objectId=20903467&contextId=18452053&returnt o=submissions Online Form 2025-07-08 01:45 PM(MST) was submitted by Guest on 7/8/2025 4:45:32 PM (GMT-07:00) US/Arizona Name Value FirstName Sean LastName Kosney Email CityOfResidence Edmonds AgendaTopic Tax Levy Lift Comments I was not able to attend the open discussion on the property tax levy lift but was able to review the entire recording today. I urge you to consider the more pragmatic points raised within that open discussion as it appears you will be moving forward with this as a ballot measure. I share the concerns expressed at the meeting regarding setting a lower incremental increase that has a higher probability of passing. The budget deficit issues are the cumulative effect over several years. It is unrealistic to expect it can be solved in one year. Even if it costs more in interest, spreading the tax rate increases out over several years has a greater chance of voter approval. 7.1.a Packet Pg. 7 At t a c h m e n t : P u b l i c C o m m e n t J u l y 2 2 2 0 2 5 1 ( W r i t t e n P u b l i c C o m m e n t s ) Edmonds City Council Public Comments – July 22, 2025 To view this form submission online, please follow the link below: https://edmondswa.gov/form/one.aspx?objectId=20904966&contextId=18452053&returnt o=submissions Online Form 2025-07-11 04:44 PM(MST) was submitted by Guest on 7/11/2025 7:44:40 PM (GMT-07:00) US/Arizona Name Value FirstName William LastName Krepick Email CityOfResidence Woodway AgendaTopic OPPOSITION TO THE $14.5 MILLION TAX LEVY LID LIFT Comments PLEASE POST THE ENTIRETY THIS EMAILED COMMENT IN THE JULY 8TH OR JULY 15TH MEETING AGENDA 'PACKAGE.' I mistakingly thought that when public comment emails were sent to each Council member, they were entered into the meeting record. Apparently, not so. Date: July 7, 2025 To: Mayor Rosen, Council members cc: My Edmonds News bcc: Edmonds concerned citizens From: Bill Krepick Subj: PUBLIC COMMENT FOR 7/8 COUNCIL MEETING --- YOU NEED TO ANSWER MANY QUESTIONS BEFORE VOTING FOR A $14.5m TAX LEVY LIFT OR APPROVING A NEW POLICE CHIEF At the last Council meeting you received a very large number negative verbal and emailed comments about the proposed $14.5M tax levy lid lift. It’s clear that the majority of Edmonds’ voters want you to do more due diligence, work to close open budget issues, and answer their dozens of questions before you pull the trigger on the tax levy lid lift ballot measure. I ask you to delay the decision on both the tax levy lid lift and the appointment of the new police chief. Both decisions would be premature and would be made without the requisite due diligence. Please respect the taxpayers and show that you are willing to listen and be transparent, that you are accountable and prioritize fiscal discipline, and that you are willing to answer all the questions below and address the open issues below before making any tax decisions. TAXPAYER QUESTIONS: Why do you continue to ignore and disrespect taxpayers? Why do you continue to say that the budget problem is a revenue problem, when it is clearly a chronic spending problem? Why are you doing TV interviews that emphasize false narratives of your biased side of the budget disaster, and don’t give the full story with the opposition analyses and 7.1.a Packet Pg. 8 At t a c h m e n t : P u b l i c C o m m e n t J u l y 2 2 2 0 2 5 1 ( W r i t t e n P u b l i c C o m m e n t s ) Edmonds City Council Public Comments – July 22, 2025 comments? Why do you spend money hiring a PR director and financial manager when you don’t even provide basic public health services to clean the park toilets? Why do you advertise that parks’ maintenance is suspended because of budget constraints, and not discuss how spending has far outpaced cost-of-living and population growth figures for the past 10 years? Why do you push to hire a police chief without getting a bid for contract police services from the Sheriff’s office? Why do you advocate to saddle taxpayers with a 3X tax bill for no new services? (The 3X tax bill includes the RFA annexation tax and the $14.5M proposed tax increase). Why do you spend so much time and taxpayer dollars ‘spinning’ the budget story and need for more taxes instead of answering the dozens of basic questions the taxpayers have asked? Why have you refused to do the hard work and due diligence to find ways to make government more efficient? To view this form submission online, please follow the link below: https://edmondswa.gov/form/one.aspx?objectId=20909537&contextId=18452053&returnt o=submissions 7.1.a Packet Pg. 9 At t a c h m e n t : P u b l i c C o m m e n t J u l y 2 2 2 0 2 5 1 ( W r i t t e n P u b l i c C o m m e n t s ) City Council Agenda Item Meeting Date: 07/22/2025 Waterfront Buoys Installation Project Update Staff Lead: Angie Feser Department: Parks, Recreation & Human Services Preparer: Angie Feser Background/History Last year the City of Edmonds was audited by the US Coast Guard on a 2002 permit regarding two original "No Boating" marker buoys located adjacent to the Fish Pier. As a result, the city was requested to install six marker buoys; one at the pier, a new one off of Brackett's Landing South (BLS) waterfront and four new ones at the Underwater Dive Park. Currently, there is one surviving buoy at the pier in addition to several unofficial dive park buoys that were made and installed by divers. Placement of the buoys are a complicated process due to environmental regulations and require numerous permits through State of Washington Dept of Natural Resources (DNR), Dept of Fish and Wildlife (WDFW), US Army Corp of Engineers (USACE), and US Coast Guard. Some permit applications have submittal requirements which are providing by licensed professionals. In addition, all locations are on DNR property; the Pier/BLS buoys require a new DNR lease (which requires a JARPA and related documents) and the Dive Park buoys require both a DNR lease renewal and a Work Approval Letter (review and approval). These permits, documentation and processes take months of time, staff resources to manage and funding for professional services agreements and permit applications. The rough cost estimate to complete all the permits is around $45,000 - $50,000 and an additional estimated $10,000 for installation. The buoys have already been purchased directly by the city to save costs. The department will return to the council in the future with an update regarding contracted services and funding allocation source(s). Staff Recommendation This is an informational item, no action required by Council. Attachments: 2025-07-15 Buoy Installation Update Presentation 7.2 Packet Pg. 10 Parks & Recreation Waterfront Buoys Project Angie Feser, Director July 15, 2025 PARKS, RECREATION AND HUMAN SERVICES 7.2.a Packet Pg. 11 At t a c h m e n t : 2 0 2 5 - 0 7 - 1 5 B u o y I n s t a l l a t i o n U p d a t e P r e s e n t a t i o n ( W a t e r f r o n t B u o y s I n s t a l l a t i o n P r o j e c t PARKS, RECREATION AND HUMAN SERVICES Background •Original Buoy Permit •Two buoys for Fishing Pier •Coast Guard in 2002 •2024 Coast Guard Audit: 6 new buoys/2 locations •Land owned by Washington State Dept of Natural Resources (DNR) •Asset Inventory/Deferred Maintenance 7.2.a Packet Pg. 12 At t a c h m e n t : 2 0 2 5 - 0 7 - 1 5 B u o y I n s t a l l a t i o n U p d a t e P r e s e n t a t i o n ( W a t e r f r o n t B u o y s I n s t a l l a t i o n P r o j e c t PARKS, RECREATION AND HUMAN SERVICES Location: Two Sets of Buoys Dive Park Pier •(2) Fishing Pier/ Brackett’s Landing South (Pier) •(4) Underwater Dive Park (Dive Park) 7.2.a Packet Pg. 13 At t a c h m e n t : 2 0 2 5 - 0 7 - 1 5 B u o y I n s t a l l a t i o n U p d a t e P r e s e n t a t i o n ( W a t e r f r o n t B u o y s I n s t a l l a t i o n P r o j e c t PARKS, RECREATION AND HUMAN SERVICES Location: Two Sets of Buoys Permits Bidding Installation 7.2.a Packet Pg. 14 At t a c h m e n t : 2 0 2 5 - 0 7 - 1 5 B u o y I n s t a l l a t i o n U p d a t e P r e s e n t a t i o n ( W a t e r f r o n t B u o y s I n s t a l l a t i o n P r o j e c t PARKS, RECREATION AND HUMAN SERVICES Permits/Work – Individual Pier •New DNR lease •JARPA & Attachment J •USACE Sect. 10 permit* Dive Park •New DNR lease agreement** •Expired in 2020 – Holdover status •Updated JARPA completed 2020 •Work Approval Letter (DNR) •Requires completed permits •HPA •USACE •CG-2554 *Still confirming if necessary **Sect. 7.3 ANY improvements made on DNR property triggers a new lease agreement as per DNR 7.2.a Packet Pg. 15 At t a c h m e n t : 2 0 2 5 - 0 7 - 1 5 B u o y I n s t a l l a t i o n U p d a t e P r e s e n t a t i o n ( W a t e r f r o n t B u o y s I n s t a l l a t i o n P r o j e c t PARKS, RECREATION AND HUMAN SERVICES Permits/Work – Both HPA (Hydraulic Project Approval) 1. Plan set – •vicinity map •scaled drawing plan view and cross-sectional view of existing and proposed structures •all dimensions and distances of OHWM •prominent natural features •man-made improvements on bank and beach •site photos •existing and proposed contours and elevations •all plans/specs relative to MLLW of NTDE •Bathymetric depth of anchors •lines of jurisdictions (Incl. OHWM, MHHW and MLLW) on all plan and section views •Info on type of buoy 2. Eelgrass and macroalgae studies for vegetation determination and “the applicant shall contract a qualified diver/biologist to conduct the preliminary vegetation survey” 3. (SEPA) State Env Policy Act determination *most of these documents and studies require services performed by professionals WA Dept of Fish & Wildlife 7.2.a Packet Pg. 16 At t a c h m e n t : 2 0 2 5 - 0 7 - 1 5 B u o y I n s t a l l a t i o n U p d a t e P r e s e n t a t i o n ( W a t e r f r o n t B u o y s I n s t a l l a t i o n P r o j e c t City Council Agenda Item Meeting Date: 07/22/2025 Approval of Council Meeting Minutes July 1, 2025 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 N/A Attachments: 2025-07-01 Council Minutes Draft 8.1 Packet Pg. 17 Edmonds City Council Minutes July 1, 2025 Page 1 EDMONDS CITY COUNCIL MEETING ACTION MINUTES July 1, 2025 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Susan Paine, Councilmember Chris Eck, Councilmember Jenna Nand, Councilmember Vivian Olson, Councilmember STAFF PRESENT Jeff Taraday, City Attorney Phil Williams, Interim Public Works Director Mike Clugston, Acting Planning Director Brad Shipley, Senior Planner Scott Passey, City Clerk 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council meeting was called to order at 6:00 pm by Mayor Rosen in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Paine read the City Council Land Acknowledgement Statement. 3. ROLL CALL City Clerk Passey called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCILMEMBER OLSON MOVED APPROVAL OF THE AGENDA. COUNCIL PRESIDENT TIBBOTT MOVED TO ADD A LEVY LID DISCUSSION AS ITEM 10.1. MOTION CARRIED 6-1 WITH COUNCILMEMBER DOTSCH DISSENTING. MAIN MOTION TO APPROVE THE AGENDA AS AMENDED CARRIED UNANIMOUSLY. 5. PRESENTATION 1. Mayor’s Finance Update Mayor Rosen commented on finance and budget issues. 6. AUDIENCE COMMENTS 8.1.a Packet Pg. 18 At t a c h m e n t : 2 0 2 5 - 0 7 - 0 1 C o u n c i l M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l M e e t i n g M i n u t e s J u l y 1 , 2 0 2 5 ) Edmonds City Council Minutes July 1, 2025 Page 2 1. Ken Reidy, Edmonds, expressed concerns about proposed changes to street vacation codes and the city’s adherence to existing laws. 7. RECEIVED FOR FILING 1. WRITTEN PUBLIC COMMENTS 2. OUTSIDE BOARDS AND COMMITTEE REPORTS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER CHEN MOVED APPROVAL OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL COMMITTEE B MINUTES JUNE 17, 2025 2. APPROVAL OF COUNCIL COMMITTEE W MINUTES JUNE 17, 2025 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT. 9. PUBLIC HEARING 1. Public Hearing On A Resolution Providing For The Submission To The Voters At The General Election A Proposition Authorizing The City To Increase Its Regular Property Tax Levy Above The Limit Otherwise Allowed By State Law Mayor Rosen presented information on the property tax revenues, followed by comments from Council President Tibbott. Mayor Rosen opened the public hearing. 1. Robert Chaffee, Edmonds, opposed the levy lid lift because it represents a significant hardship that homeowners cannot afford. 2. Becky Brauer, Edmonds, said despite the budget cuts, staffing still outpaces the population increase so the city should revert to 2022 staffing levels. 3. Roger Pence, Edmonds, supported putting the levy on the ballot but urged the city to convey a more effective message and provide comparisons. 4. Elise Hill, Edmonds, thanked the council for giving residents a choice with a ballot measure, noting that young families are willing to pay for city services. 5. Don Randall, Edmonds, supported putting the levy on the ballot but requested better communication and detail about what the city gets with a levy increase. 6. Jerry Whitmarsh, Edmonds, expressed disgust with the city’s disregard for the law and lack of accountability for its finances. 7. Janelle Cass, Edmonds, urged the city not to put the levy on the ballot because the city’s financial problems are due to recent mismanagement and it will perpetuate income inequality. 8. Kelly Haller, Edmonds, said she will vote yes on the levy if residents have assurance about what the money will be spent on. 9. Bill Krepick, Woodway, opposed the levy because residents are already suffering under tax increases and lack of due diligence by the city. 8.1.a Packet Pg. 19 At t a c h m e n t : 2 0 2 5 - 0 7 - 0 1 C o u n c i l M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l M e e t i n g M i n u t e s J u l y 1 , 2 0 2 5 ) Edmonds City Council Minutes July 1, 2025 Page 3 10. Jim Ogonowski, Edmonds, suggested the city should reduce the levy amount because a higher amount may increase the risk of an unsuccessful election result. 11. Ken Reidy, Edmonds, opposed the levy ballot because it will significantly burden the average homeowner and the city must prove accountability before asking for more. 12. Finis Tupper, Edmonds, opposed the levy because the city has wasted funds on severance packages, moving expenses, and other staff related issues. 13. Patricia Avolet, Edmonds, urged the city to provide an itemized accounting of the levy funds, noting its financial problems are due to wasteful spending. 14. Joe Scordino, Edmonds, said a single-digit amount of a $6 million levy is much safer and a figure more people are familiar with. Mayor Rosen closed the public hearing. 10. COUNCIL BUSINESS 1. Levy Lid Lift Discussion CP Tibbott opened the discussion on the proposed resolution on the levy lid lift. Council debated the amount, language, and scope of the levy. COUNCIL PRESIDENT TIBBOTT MOVED TO INSERT “PLANNING” INTO THE PURPOSE STATEMENT. COUNCILMEMBER CHEN MOVED TO ADD A CLIMATE PROTECTION COORDINATOR TO THE PURPOSE STATEMENT. MOTION FAILED 2-5 WITH COUNCILMEMBERS CHEN AND NAND VOTING IN FAVOR. MAIN MOTION TO INSERT “PLANNING” CARRIED UNANIMOUSLY. COUNCILMEMBER PAINE MOVED THAT THE AMENDED RESOLUTION BE PLACED ON THE NEXT CONSENT AGENDA. COUNCILMEMBER DOTSCH MOVED TO STRIKE “SAFE STREETS” AND INSERT “ROADS AND SIDEWALKS”, WHICH WAS RESTATED AS “STREETS AND SIDEWALKS.” MOTION CARRIED 4-2-1, WITH COUNCILMEMBERS PAINE AND ECK DISSENTING AND COUNCILMEMBER NAND ABSTAINING. COUNCILMEMBER OLSON MOVED TO STRIKE FROM THE TITLE “…ABOVE THE LIMIT OTHERWISE ALLOWED BY STATE LAW” AND INSERT “…MORE THAN THE AMOUNT THE STATE ALLOWS BY COUNCILMANIC ACTION.” MOTION FAILED 1-6 WITH COUNCILMEMBER VOTING IN FAVOR. MAON MOTION THAT THE AMENDED RESOLUTION BE PLACED ON THE NEXT CONSETN AGENDA CARRIED 5-2 WITH COUNCILMEMBERS CHEN AND DOTSCH DISSENTING. 2. Residential Parking Code Update - Discussion and Final Revisions (AMD2025-0005) 8.1.a Packet Pg. 20 At t a c h m e n t : 2 0 2 5 - 0 7 - 0 1 C o u n c i l M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l M e e t i n g M i n u t e s J u l y 1 , 2 0 2 5 ) Edmonds City Council Minutes July 1, 2025 Page 4 Mike Clugston, Acting Planning Director, outlined parking code updates to comply with recent state legislation. COUNCILMEMBER PAINE MOVED TO DIRECT STAFF TO ELIMINATE PARKING REQUIREMENTS FOR AFFORDABLE AND SENIOR HOUSING. MOTION CARRIED 4-3 WITH COUNCILMEMBERS CHEN, DOTSCH AND NAND DISSENTING. COUNCIL PRESIDENT TIBBOTT MOVED TO AMEND THE AGENDA TO REMOVE ITEM 10.4 RELATED TO STREET VACATIONS. MOTION CARRIED 6-1 WITH COUNCILMEMBER OLSON DISSENTING. 3. Edmonds Marsh Estuary Planning Study – Project Update A presentation was given by Bill Derry, who was joined by Russell Lynch, Capital Projects Manager, and Phil Williams, Interim Public Works Director. The update touched on the findings, goals, private-public partnership, grant opportunities and volunteer contributions. Consultant Kathy Cateridge, Blue Coast Engineering, provided a report on hydraulic modeling, simulations and mitigation options. MEETING EXTENSION AT 8:56 PM, COUNCILMEMBER NAND MOVED TO EXTEND THE MEETING UNTIL 10 PM. MOTION CARRIED UNANIMOUSLY. Council members expressed strong support for all aspects of the project. 11. COUNCIL COMMENTS Councilmembers commented on various issues. 12. MAYOR’S COMMENTS Mayor Rosen provided comments. 13. CONVENE IN EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(I) At 9:17 pm, Mayor Rosen announced that the Council would convene in executive session to discuss pending or potential litigation per RCW 42.30.110.(1)(i) until 9:48 p.m. At 9:47 pm. Mayor Rosen announced that the executive session would be extended until 9:55 p.m. 14. RECONVENE IN OPEN SESSION The meeting reconvened at 9:55 pm. 8.1.a Packet Pg. 21 At t a c h m e n t : 2 0 2 5 - 0 7 - 0 1 C o u n c i l M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l M e e t i n g M i n u t e s J u l y 1 , 2 0 2 5 ) Edmonds City Council Minutes July 1, 2025 Page 5 ADJOURNMENT The meeting was adjourned at 9:56 pm. 8.1.a Packet Pg. 22 At t a c h m e n t : 2 0 2 5 - 0 7 - 0 1 C o u n c i l M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l M e e t i n g M i n u t e s J u l y 1 , 2 0 2 5 ) City Council Agenda Item Meeting Date: 07/22/2025 Approval of Council Meeting Minutes July 8, 2025 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 N/A Attachments: 2025-07-08 Council Minutes Draft 8.2 Packet Pg. 23 Edmonds City Council Minutes July 8, 2025 Page 1 EDMONDS CITY COUNCIL MEETING ACTION MINUTES July 8, 2025 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Susan Paine, Councilmember Chris Eck, Councilmember Jenna Nand, Councilmember Vivian Olson, Councilmember STAFF PRESENT Jeff Taraday, City Attorney Mike Clugston, Acting Planning Director Navyusha Pentakota, Planner Scott Passey, City Clerk 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council meeting was called to order at 6:00 pm by Mayor Rosen in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Chen read the City Council Land Acknowledgement Statement. 3. ROLL CALL City Clerk Passey called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCILMEMBER ECK MOVED APPROVAL OF THE AGENDA. COUNCILMEMBER DOTSCH PULLED CONSENT ITEM 8.6, WHICH BECAME COUNCIL BUSINESS ITEM 9.1. COUNCILMEMBER OLSON PULLED CONSENT ITEM 8.5 FOR PLACEMENT ON A FUTURE AGENDA. MOTION TO APPROVE THE AGENDA AS AMENDED CARRIED UNANIMOUSLY. 5. PRESENTATION 8.2.a Packet Pg. 24 At t a c h m e n t : 2 0 2 5 - 0 7 - 0 8 C o u n c i l M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l M e e t i n g M i n u t e s J u l y 8 , 2 0 2 5 ) Edmonds City Council Minutes July 8, 2025 Page 2 1. Mayor’s Finance Update Mayor Rosen commented on finance and budget issues. 6. AUDIENCE COMMENTS 1. Bill Krepick, Woodway, asked the council to delay the police chief confirmation to evaluate a less expensive contract with Snohomish County. 2. Jim Ogonowski, Edmonds, questioned the lack of monthly financial details and asked about the allocation of funds after stopping payments to the RFA fire contract. 3. Joe Scordino, Edmonds, urged the council to amend the comprehensive plan to better protect critical environmental areas. 7. RECEIVED FOR FILING 1. WRITTEN PUBLIC COMMENTS 2. CLAIM FOR DAMAGES FOR FILING 3. PLANNING BOARD 2ND QUARTER REPORT 4. MAY 2025 MONTHLY FINANCIAL REPORT 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED APPROVAL OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES JUNE 24, 2025 2. APPROVAL OF COUNCIL COMMITTEE A MINUTES JULY 1, 2025 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS. 4. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS. 10. COUNCIL BUSINESS 1. Adoption of Levy Lid Lift Resolution COUNCILMEMBER DOTSCH MOVED APPROVAL OF THE LEVY LID LIFT RESOLUTION. Following debate, MOTION CARRIED 5-2 WITH COUNCILMEMBERS DOTSCH AND CHEN DISSENTING. 2. Chief of Police - Appointment Confirmation and Employment Agreement Mayor Rosen recommended that council confirm the appointment and employment agreement for Assistant Chief Lloyd Dawkins as the new Chief of Police. COUNCILMEMBER PAINE MOVED TO CONFIRM LOI DAWKINS AS EDMONDS POLICE CHIEF. 8.2.a Packet Pg. 25 At t a c h m e n t : 2 0 2 5 - 0 7 - 0 8 C o u n c i l M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l M e e t i n g M i n u t e s J u l y 8 , 2 0 2 5 ) Edmonds City Council Minutes July 8, 2025 Page 3 COUNCILMEMBER OLSON MOVED TO AMEND THE EMPLOYMENT AGREEMENT TO STRIKE THE $900 CLOTHING ALLOWANCE IN SECTION 5.6. Following debate, MOTION FAILED 1-6 WITH COUNCILMEMBER OLSON VOTING IN FAVOR. THE MAIN MOTION WAS AMENDED TO CONJOIN THE CONFIRMATION WITH THE EMPLOYMENT AGREEMENT. MOTION CARRIED UNANIMOUSLY. A VOTE WAS TAKEN ON THE MAIN MOTION TO CONFIRM LOI DAWKINS AS EDMONDS POLICE CHIEF AND THE CORRESPONDING EMPLOYMENT AGREEMENT, WHICH CARRIED 6-1 WITH COUNCILMEMBER DOTSCH DISSENTING. 3. Pro/Con Committees for Levy Lid Lift Ballot Measure CP Tibbott introduced the proposed process to appoint pro con committees. COUNCIL PRESIDENT TIBBOTT MOVED TO APPROVE THE PROPOSED PROCESS AS OUTLINED IN THE COUNCIL PACKET. COUNCILMEMBER NAND MOVED TO AMEND THE PROCESS AS FOLLOWS: “3. ALL APPLICANTS TO THE PRO COMMITTEE WILL BE FIRST NOMINATED BY A MINIMUM OF ONE COUNCIL MEMBER IN ORDER TO RECEIVE A VOTE ON THE DAIS, THE COUNCIL WILL VOTE IN THE ORDER NOMINATED.” MOTION FAILED 2-5 WITH COUNCILMEMBERS DOTSCH AND NAND VOTING IN FAVOR. MAIN MOTION TO APPROVE THE PROPOSED PROCESS AS OUTLINED IN THE COUNCIL PACKET CARRIED UNANIMOUSLY. 4. Neighborhood Centers & Hubs Permanent Zoning Code Update - Introduction Mike Clugston and Navyusha Pentakota, presented the status of permanent zoning code updates for neighborhood centers and hubs, highlighting community engagement; changes to allow single-family development; changes to address concerns about commercial requirements, walkability, and infrastructure; and next steps. Council questions and feedback focused on the following: • Community engagement • Walkability • Design standards and mixed use • Transition areas and traffic studies • Neighborhood amenities • Connectivity • Density 8.2.a Packet Pg. 26 At t a c h m e n t : 2 0 2 5 - 0 7 - 0 8 C o u n c i l M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l M e e t i n g M i n u t e s J u l y 8 , 2 0 2 5 ) Edmonds City Council Minutes July 8, 2025 Page 4 5. Study Results for 2025 Comprehensive Plan Amendment Ideas Staff outlined options for modifying, removing, or postponing changes to the North Bowl Hub. RECESS At 7:27 pm, Mayor Rosen recessed the meeting until 7:34 pm. The meeting was reconvened at 7:32 pm. COUNCILMEMBER OLSON MOVED TO MODIFY THE NORTH BOWL HUB IN 2025. Following debate, COUNCILMEMBER CHEN MOVED TO MODIFY THE NORTH BOWL HUB IN 2025 AND REVIEW OTHER CENTERS AND HUBS IN 2026. Following debate, MOTION CARRIED 6-1 WITH COUNCILMEMBER PAINE DISSENTING. MAIN MOTION TO MODIFY THE NORTH BOWL HUB IN 2025 AND REVIEW OTHER CENTERS AND HUBS IN 2026 CARRIED 6-1 WITH COUNCILMEMBER PAINE DISSENTING. Staff outlined the process it is undertaking in 2025 to update the critical areas ordinance to be consistent with best available science. The discussion confirmed the city’s existing critical areas program meets state requirements. COUNCILMEMBER OLSON MOVED TO ADD A POLICY ON COMMUNITY ENGAGEMENT ON CRITICAL AREAS. Following discussion, MOTION FAILED 3-4 WITH COUNCILMEMBERS OLSON, DOTSCH, AND COUNCIL PRESIDENT TIBBOTT VOTING IN FAVOR. 6. City Administrator – Position Creation Mayor Rosen explained his rationale for creating the City Administrator position. COUNCIL PRESIDENT TIBBOTT MOVED TO APPROVE THE ELIMINATION OF THE COMMUNITY, CULTURE AND ECONOMIC DEVELOPMENT DIRECTOR POSITION AND THE ADDITION OF A CITY ADMINISTRATOR POSITION AND CORRESPONDING JOB DESCRIPTION. Following debate, COUNCILMEMBER NAND MOVED TO AMEND THE ESSENTIAL FUNCTIONS AND RESPONSIBILITIES OF THE CITY ADMINISTRATOR JOB DESCRIPTION AS FOLLOWS: “THIS SHALL BE A TEMPORARY POSITION, WITH A TWELVE MONTH PROBATIONARY PERIOD. AT THE END OF THIS EXPLORATORY PERIOD, THE ADMINISTRATION MAY PRESENT TO THE COUNCIL THE DATA IT COLLECTED TO DEMONSTRATE THE ADDED EFFICIENCIES RESULTING FROM THE CITY ADMINISTRATOR ROLE WITHIN 8.2.a Packet Pg. 27 At t a c h m e n t : 2 0 2 5 - 0 7 - 0 8 C o u n c i l M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l M e e t i n g M i n u t e s J u l y 8 , 2 0 2 5 ) Edmonds City Council Minutes July 8, 2025 Page 5 ITS SENIOR LEADERSHIP STRUCTURE. AFTER THE ONE YEAR PROBATIONARY PERIOD, THE ADMINISTRATION MAY RECOMMEND TO THE COUNCIL THAT IT PERMANENTLY ADD THIS POSITION TO THE CITY EMPLOYEE ORGANIZATION CHART AND REQUEST COUNCIL TO FUND IT ON AN ONGOING BASIS.” Following debate, MOTION FAILED 3-4, WITH COUNCILMEMBERS NAND, DOTSCH, AND ECK VOTING IN FAVOR. COUNCILMEMBER CHEN MOVED TO ESTABLISH AND FUND THIS POSITION IN 2026. MEETING EXTENSION AT 8:55 PM, COUNCILMEMBER NAND MOVED TO EXTEND THE MEETING UNTIL 9:30 PM. MOTION CARRIED 6-1 WITH COUNCIL PRESIDENT TIBBOTT DISSENTING. Following debate, MOTION FAILED 2-5 WITH COUNCILMEMBERS CHEN AND DOTSCH VOTING IN FAVOR. COUNCILMEMBER PAINE MOVED TO VACATE THE COMMUNITY, CULTURE AND ECONOMIC DEVELOPMENT DIRECTOR POSITION INSTEAD OF ELIMINATE IT. MOTION FAILED 3-4 WITH COUNCILMEMBERS ECK, PAINE, AND NAND VOTING IN FAVOR. Following debate, A VOTE WAS TAKEN ON THE MOTION TO APPROVE THE ELIMINATION OF THE COMMUNITY, CULTURE AND ECONOMIC DEVELOPMENT DIRECTOR POSITION AND THE ADDITION OF A CITY ADMINISTRATOR POSITION AND CORRESPONDING JOB DESCRIPTION; WITH THE ELIMINATION OF THE CCED DIRECTOR OCCURRING AT THE TIME THE CURRENT DIRECTOR IS APPOINTED TO THE CITY ADMINISTRATOR; WITH THE APPOINTMENT OF THE CURRENT CCED DIRECTOR, AND CORRESPONDING EMPLOYMENT CONTRACT, TO BE APPROVED BY CITY COUNCIL AT A LATER MEETING. MOTION CARRIED 4-3 WITH COUNCILMEMBERS CHEN, DOTSCH, AND PAINE DISSENTING. 11. COUNCIL COMMENTS Council members commented on various issues. 12. MAYOR’S COMMENTS Mayor Rosen provided comments. ADJOURNMENT The meeting was adjourned at 9:20 pm. 8.2.a Packet Pg. 28 At t a c h m e n t : 2 0 2 5 - 0 7 - 0 8 C o u n c i l M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l M e e t i n g M i n u t e s J u l y 8 , 2 0 2 5 ) Edmonds City Council Minutes July 8, 2025 Page 6 8.2.a Packet Pg. 29 At t a c h m e n t : 2 0 2 5 - 0 7 - 0 8 C o u n c i l M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l M e e t i n g M i n u t e s J u l y 8 , 2 0 2 5 ) City Council Agenda Item Meeting Date: 07/22/2025 Approval of Council Committee B Minutes July 15, 2025 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 N/A Attachments: 2025-07-15 Council Committee B Minutes Draft 8.3 Packet Pg. 30 Minutes COUNCIL COMMITTEE B MEETING July 15, 2025 Elected Officials Present Staff Present Councilmember Nand (Chair) Councilmember Eck Councilmember Olson Council President Tibbott (ex-officio) Thom Sullivan, Facilities Manager Mike DeLilla, Acting City Engineer Phil Williams, Interim Public Works Director Angie Feser, PRHS Director Shannon Burley, PRHS Deputy Director Scott Passey, City Clerk 1. CALL TO ORDER The Edmonds City Council Committee B meeting was called to order virtually and in the City Council Conference Room, 121 – 5th Avenue North, Edmonds, at 3:00 pm by Councilmember Nand. 2. COMMITTEE BUSINESS 1. Job Order Contracting program-Contractor renewal Thom Sullivan, Facilities Manager, reviewed a proposal to award three new job order contracts as part of a program that began in 2022. The committee agreed to forward the item to full council via the consent agenda pending proper inclusion of missing documentation. Committee recommendation: Consent 2. Presentation of Bid Results for 88th Ave Overlay & ADA Pedestrian Curb Ramp Project Mike DeLilla, Acting City Engineer, reported on the bid results for the 88th Ave Overlay project, which combines 88th Ave overlay and sidewalk repairs with Olympic View Drive ramps and 2025 Ramps to achieve economy-of-scale savings. Council questions and feedback focused on site prioritization and the pavement evaluation program. Committee recommendation: Consent 3. Classic Car Show & Oktoberfest Event Agreements Shannon Burley, PRHS Deputy Director, presented contracts for the Classic Car Show and Oktoberfest events for council approval on the next consent agenda. Committee recommendation: Consent 4. Waterfront Buoys Installation Project Update 8.3.a Packet Pg. 31 At t a c h m e n t : 2 0 2 5 - 0 7 - 1 5 C o u n c i l C o m m i t t e e B M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l C o m m i t t e e B M i n u t e s J u l y 1 5 , 2 0 2 5 ) 7/15/2025 Committee B Minutes, Page 2 Angie Feser, PRHS Director, provided a presentation on the permit requirements, timeline and estimated costs of installing six marker buoys required by a US Coast Guard audit. Council questions and feedback focused on deadlines and cost estimates/budget impacts. Committee recommendation: Received for filing ADJOURNMENT The meeting was adjourned at 3:50 pm. 8.3.a Packet Pg. 32 At t a c h m e n t : 2 0 2 5 - 0 7 - 1 5 C o u n c i l C o m m i t t e e B M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l C o m m i t t e e B M i n u t e s J u l y 1 5 , 2 0 2 5 ) City Council Agenda Item Meeting Date: 07/22/2025 Approval of claim checks and wire payments. Staff Lead: Richard Gould Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #267949 through #268018 dated July 9, 2025 for $641,997.99, claim checks #268019 through #268115 dated July 16, 2025 for $451,394.82 and wire payments of $3,285.07, $4,000.00 & $14,791.36. Staff Recommendation Approval of claim checks and wire payments. Narrative The Council President shall be designated as the auditing committee for the city council. The council president shall review the documentation supporting claims paid and review for approval by the city council at its next regular public meeting all checks or warrants issued in payment of any claim, demand or voucher. A list of each claim, demand or voucher approved and each check or warrant issued indicating the check or warrant number, the amount paid and the vendor or payee shall be filed in the city council office for review by individual councilmembers prior to each regularly scheduled public meeting. Attachments: Claim cks 07-09-25 Agenda copy Claim cks 07-16-25 Agenda copy 8.4 Packet Pg. 33 8.4.a Packet Pg. 34 At t a c h m e n t : C l a i m c k s 0 7 - 0 9 - 2 5 A g e n d a c o p y ( A p p r o v a l o f c l a i m c h e c k s a n d w i r e p a y m e n t s . ) 8.4.a Packet Pg. 35 At t a c h m e n t : C l a i m c k s 0 7 - 0 9 - 2 5 A g e n d a c o p y ( A p p r o v a l o f c l a i m c h e c k s a n d w i r e p a y m e n t s . ) 8.4.b Packet Pg. 36 At t a c h m e n t : C l a i m c k s 0 7 - 1 6 - 2 5 A g e n d a c o p y ( A p p r o v a l o f c l a i m c h e c k s a n d w i r e p a y m e n t s . ) 8.4.b Packet Pg. 37 At t a c h m e n t : C l a i m c k s 0 7 - 1 6 - 2 5 A g e n d a c o p y ( A p p r o v a l o f c l a i m c h e c k s a n d w i r e p a y m e n t s . ) City Council Agenda Item Meeting Date: 07/22/2025 Approval of payroll and benefit checks, direct deposit and wire payments. Staff Lead: Lori Palmer Department: Administrative Services Preparer: Lori Palmer Background/History Approval of payroll checks #66261 through #66262 dated July 18, 2025 for $3,575.97, direct deposit for $795,985.44, benefit checks #66263 through #66270 and wire payments of $811,574.18 for the pay period of July 1, 2025 through July 15, 2025. 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: 07-01-2025 to 07-15-2025 payroll benefits report 07-01-2025 to 07-15-2025 payroll earnings report 8.5 Packet Pg. 38 Benefit Checks Summary Report City of Edmonds Pay Period: 1,184 - 07/01/2025 to 07/15/2025 Bank: usbank - US Bank Direct DepositCheck AmtNamePayee #DateCheck # 66263 07/18/2025 bpas BPAS 7,946.28 0.00 66264 07/18/2025 epoa2 EPOA-POLICE 6,923.00 0.00 66265 07/18/2025 epoa3 EPOA-POLICE SUPPORT 1,290.00 0.00 66266 07/18/2025 icma MISSIONSQUARE PLAN SERVICES 5,357.29 0.00 66267 07/18/2025 flex NAVIA BENEFIT SOLUTIONS 5,555.56 0.00 66268 07/18/2025 teams TEAMSTERS LOCAL 763 6,931.00 0.00 66269 07/18/2025 teamcom TEAMSTERS LOCAL 763 615.00 0.00 66270 07/18/2025 tx TEXAS CHILD SUPPORT SDU 97.50 0.00 34,715.63 0.00 Bank: wire - US BANK Direct DepositCheck AmtNamePayee #DateCheck # 3863 07/18/2025 awc AWC 415,499.71 0.00 3867 07/18/2025 us US BANK 167,687.23 0.00 3868 07/18/2025 mebt WTRISC FBO #N3177B1 144,642.54 0.00 3869 07/18/2025 pb NATIONWIDE RETIREMENT SOLUTION 8,401.69 0.00 3871 07/18/2025 wadc WASHINGTON STATE TREASURER 39,847.38 0.00 3873 07/18/2025 oe OFFICE OF SUPPORT ENFORCEMENT 780.00 0.00 776,858.55 0.00 811,574.18 0.00Grand Totals: Page 1 of 17/17/2025 8.5.a Packet Pg. 39 At t a c h m e n t : 0 7 - 0 1 - 2 0 2 5 t o 0 7 - 1 5 - 2 0 2 5 p a y r o l l b e n e f i t s r e p o r t ( A p p r o v a l o f p a y r o l l a n d b e n e f i t c h e c k s , Payroll Earnings Summary Report City of Edmonds Pay Period: 1,184 (07/01/2025 to 07/15/2025) Hours AmountHour Type Hour Class Description NO PAY LEAVEABSENT111 18.50 0.00 NO PAY NON HIREDABSENT112 112.00 0.00 SICK LEAVESICK121 468.50 27,018.21 VACATIONVACATION122 1,466.01 80,681.22 HOLIDAY HOURSHOLIDAY123 225.00 13,384.98 FLOATER HOLIDAYHOLIDAY124 102.00 5,559.14 COMPENSATORY TIMECOMP HOURS125 212.75 11,801.83 Holiday Bank WWTPHOLIDAY128 -56.50 -3,183.15 MILITARY LEAVEMILITARY131 17.00 742.23 Kelly Day UsedREGULAR HOURS150 112.00 6,760.82 COMPTIME AUTO PAYCOMP HOURS155 152.63 10,663.72 SICK LEAVE PAYOFFSICK157 41.18 4,358.12 VACATION PAYOFFVACATION158 297.19 31,451.89 MANAGEMENT LEAVEVACATION160 75.99 6,160.32 REGULAR HOURSREGULAR HOURS190 14,668.35 794,904.20 ADMINISTRATIVE LEAVEREGULAR HOURS195 90.00 6,859.54 LIGHT DUTYREGULAR HOURS196 267.00 15,942.87 OVERTIME .5OVERTIME HOURS205 8.00 179.34 OVERTIME-STRAIGHTOVERTIME HOURS210 105.50 7,152.26 WATER WATCH STANDBYOVERTIME HOURS215 48.00 3,551.91 STANDBY TREATMENT PLANTMISCELLANEOUS216 4.00 574.51 OVERTIME 1.5OVERTIME HOURS220 310.50 28,724.17 OVERTIME-DOUBLEOVERTIME HOURS225 110.75 12,171.52 MISC PAYMISCELLANEOUS400 0.00 154.35 Medical Opt OutMISCELLANEOUS404 0.00 300.00 WORKING OUT OF CLASSMISCELLANEOUS410 0.00 2,889.04 SHIFT DIFFERENTIALSHIFT DIFFERENTIAL411 0.00 2,480.49 ACCRUED COMP 1.0COMP HOURS602 153.50 0.00 ACCRUED COMP TIME 1.5COMP HOURS604 133.25 0.00 ACCRUED COMP 2.0COMP HOURS606 6.00 0.00 Commander Standy AccrualCOMP HOURS609 10.00 0.00 CLOTHING ALLOWANCEMISCELLANEOUS903 0.00 450.00 ACCREDITATION PAYMISCELLANEOUSacc 0.00 189.46 ACCRED/POLICE SUPPORTMISCELLANEOUSacs 0.00 228.46 07/17/2025 Page 1 of 3 8.5.b Packet Pg. 40 At t a c h m e n t : 0 7 - 0 1 - 2 0 2 5 t o 0 7 - 1 5 - 2 0 2 5 p a y r o l l e a r n i n g s r e p o r t ( A p p r o v a l o f p a y r o l l a n d b e n e f i t c h e c k s , Payroll Earnings Summary Report City of Edmonds Pay Period: 1,184 (07/01/2025 to 07/15/2025) Hours AmountHour Type Hour Class Description Ancilary Duty PayREGULAR HOURSanc 0.00 283.98 Ancilary Duty PayREGULAR HOURSanc2 0.00 1,541.49 Ancilary Duty PayREGULAR HOURSanc3 0.00 1,371.44 BOC II CertificationMISCELLANEOUSboc 0.00 244.78 TRAINING CORPORALMISCELLANEOUScpl 0.00 235.40 CERTIFICATION III PAYMISCELLANEOUScrt 0.00 122.39 Detective 4%MISCELLANEOUSdet4 0.00 1,330.60 EDUCATION PAY 2%EDUCATION PAYed1 0.00 875.56 EDUCATION PAY 4%EDUCATION PAYed2 0.00 695.86 EDUCATION PAY 6%EDUCATION PAYed3 0.00 11,442.62 Furlough Day Non-RepresentedREGULAR HOURSfd1 165.70 9,842.17 FAMILY MEDICAL/NON PAIDABSENTfmla 71.00 0.00 FAMILY MEDICAL/SICKSICKfmls 66.00 3,351.26 Family Medical Leave VacationVACATIONfmlv 27.00 2,079.38 HOLIDAYHOLIDAYhol 1,156.80 61,562.75 K-9 AssignmentMISCELLANEOUSk9 0.00 225.72 LANGUAGE PAYMISCELLANEOUSlan 0.00 750.00 LONGEVITY PAY 2%LONGEVITYlg1 0.00 1,374.19 LONGEVITY PAY 2.5%LONGEVITYlg11 0.00 1,022.91 Longevity 9%LONGEVITYlg12 0.00 3,362.94 Longevity 7%LONGEVITYlg13 0.00 1,704.01 Longevity 5%LONGEVITYlg14 0.00 1,164.85 LONGEVITY 6%LONGEVITY PAYlg3 0.00 556.41 Longevity 1%LONGEVITYlg4 0.00 1,124.80 Longevity 3%LONGEVITYlg5 0.00 4,236.53 Longevity 1.5%LONGEVITYlg7 0.00 825.58 OUT OF CLASSMISCELLANEOUSooc 0.00 1,048.49 Paid Family Medical Unpaid/SupABSENTpfmp 219.00 0.00 Paid FAMILY MEDICAL/SICKSICKpfms 57.00 3,086.88 PHYSICAL FITNESS PAYMISCELLANEOUSphy 0.00 3,548.75 PSET SergeantMISCELLANEOUSstr 0.00 255.80 TAC OfficerMISCELLANEOUStac 0.00 225.72 Training OfficerMISCELLANEOUSto 0.00 214.96 Traffic Officer - CarMISCELLANEOUStraf 0.00 666.78 07/17/2025 Page 2 of 3 8.5.b Packet Pg. 41 At t a c h m e n t : 0 7 - 0 1 - 2 0 2 5 t o 0 7 - 1 5 - 2 0 2 5 p a y r o l l e a r n i n g s r e p o r t ( A p p r o v a l o f p a y r o l l a n d b e n e f i t c h e c k s , Payroll Earnings Summary Report City of Edmonds Pay Period: 1,184 (07/01/2025 to 07/15/2025) Hours AmountHour Type Hour Class Description Total Net Pay:$799,561.41 $1,192,526.45 20,921.60 07/17/2025 Page 3 of 3 8.5.b Packet Pg. 42 At t a c h m e n t : 0 7 - 0 1 - 2 0 2 5 t o 0 7 - 1 5 - 2 0 2 5 p a y r o l l e a r n i n g s r e p o r t ( A p p r o v a l o f p a y r o l l a n d b e n e f i t c h e c k s , City Council Agenda Item Meeting Date: 07/22/2025 WSDOT fiber agreement Staff Lead: IT Dept Department: Information Services Preparer: Brian Tuley Background/History The city of Edmonds entered into an agreement with Washington State Department of Transportation (WSDOT) on April 8, 2005. This agreement was for a 20 year period that gave the city access to a percentage of fiber WSDOT utilized for Edmonds ferry terminal. In exchange for fiber, Edmonds provides right-of-way along the fiber run. Staff Recommendation Staff requests item to be approved on consent Narrative The amendment replaces the initial 20 year period with a 25 year period, making this amendment a 5 year extension. The effective date on the agreement is set to April 8th 2025. This effective date is necessary to ensure continuation with agreement. The amendment has been reviewed and approved by legal and recomened by committee A for consent. Attachments: DP00994_Amendment 02 8.6 Packet Pg. 43 Washington State Department of Transportation Contract DP00994, Amendment - 02 Page 1 Washington State Department of Transportation DP00994, Amendment 02 This Amendment No. 02 (“Amendment”) is entered into by and between the State of Washington, acting by and through the Department of Transportation, an agency of Washington State government (“WSDOT”), and the City of Edmonds, a Washington municipal corporation (“City”), collectively referred to herein as the Parties. RECITALS A. WSDOT and the City entered into an interagency agreement entitled Fiber Optic Cable Service Level License Agreement No. DP00994 dated April 8, 2005, (hereinafter referred to as “Agreement”). D. WSDOT and the City desire to amend certain terms in the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the terms, conditions, and covenants contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Purpose: WSDOT entered into the Agreement with the City on April 8, 2005, to authorize WSDOT to install, operate, and maintain fiber optic cable within the City-owned right of way (on the PUD-owned poles) in exchange for WSDOT providing the City with 24 strands of fiber along the route identified in Exhibit A of the Agreement. 2. Definitions. All capitalized terms used herein but not defined herein have the respective meanings set forth in the Contract or, if not defined in the Contract, have their ordinary and usual meaning. All Section and Exhibit references herein are to the Sections and Exhibits of the Contract unless otherwise stated. 3. Section 11, “Term and Termination” is hereby replaced in its entirety with the following: “The term of this Agreement shall commence on April 8, 2005, and run for a period of twenty-five (25) years from that date, unless (a) revoked by the City prior to that date; (b) terminated by WSDOT with thirty (30) days prior written notice to the City; or (c) upon termination of the PUD License, as provided therein. This Agreement may be renewed with any modifications or changes deemed jointly acceptable, by written agreement of the Parties.” 4. Effective Date. The effective date of this Amendment shall be April 8, 2025, regardless of the date of last signature. 5. Nondiscrimination Requirement. During the term of this Contract, the City, including any subconsultant, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, the City, including any subconsultant, shall give written notice of this nondiscrimination requirement to any labor organizations with which the City, or subconsultant, has a collective bargaining or other agreement. 8.6.a Packet Pg. 44 At t a c h m e n t : D P 0 0 9 9 4 _ A m e n d m e n t 0 2 ( W S D O T f i b e r a g r e e m e n t ) Washington State Department of Transportation Contract DP00994, Amendment - 02 Page 2 6. Affect on Other Provisions. 6.1. All other provisions and exhibits of the Contract remain in full force and effect and are not altered or affected in any way unless specifically modified herein. 6.2. The provisions of the Contract, as modified by this Amendment, shall apply equally to any and all other provisions in the Contract as thought the modified provisions were original, but all of which together shall constitute one and the same instrument. 7. Electronic Signatures. A signed copy of this Contract or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract or such other ancillary agreement for all purposes. 8. Counterparts. This Contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate shall be deemed an original copy of this Contract signed by each party, for all purposes. IN WITNESS WHEREOF, the Parties hereto, having read this Amendment in its entirety, including all exhibits and attachments, do agree in each and every particular and intending to be legally bound have executed this Amendment. WASHINTON STATE DEPARTMENT OF TRANSPORTATION CITY OF EDMONDS Signature Date Signature Date Erik K. Jonson Name Name Technical Services Director Mayor Title Title Accepted as to form: Signature Date Signature Date Name Name City Clerk City Attorney Title Title 8.6.a Packet Pg. 45 At t a c h m e n t : D P 0 0 9 9 4 _ A m e n d m e n t 0 2 ( W S D O T f i b e r a g r e e m e n t ) City Council Agenda Item Meeting Date: 07/22/2025 Classic Car Show & Oktoberfest Event Agreements Staff Lead: Shannon Burley Department: Parks, Recreation & Human Services Preparer: Shannon Burley Background/History The Council authorizes event agreements on behalf the City of Edmonds. To date the City Council has authorized Special Event Agreements for SpringFest, Edmonds Market, Edmonds Arts Festival, 4th of July, Porchfest and the Edmonds Block Party. On July 15th in Council Committee Meeting B City Staff is presented event agreements for the Classic Car Show and Oktoberfest. Staff Recommendation Staff recommends the City Council support the event agreement between the City of Edmonds and the Greater Edmonds Chamber of Commerce for the Classic Car Show and the event agreement between the City of Edmonds and the Edmonds Rotary Club for Oktoberfest. Approval on Consent Agenda would authorize the Mayor to sign the contracts. Narrative The event agreements are very similar to the agreements in prior years. Each event producer is required to follow all requirements from the State, County, and all South County Fire regulations for public events. The contracts have been reviewed and approved by our internal team (Police, Public Works, Parks, Recreation & Human Services, Economic Development and Risk Management (HR)), are approved by South County Fire and are approved as to form by the City Attorney. Insurance requirements are outlined in each event agreement. New this year, events will be charged for city resources required for support and implementation of their event. As stated in City Code ECC 1.100.900, the city intends to only charge actual expenses for time and materials. Deviations from actual expenses require the Mayor's approval. Each of these agreements include an estimate for city staff time which is paid in advance of the event. After the event, the actual amount is billed to the organization which may result in additional fees or a refund depending on the difference between estimated and actual city expenses. Estimated staff time is outlined below for each event. Classic Car Show Event Agreement (attached): This one-day event will be held on Sunday, September 7, 2025. The event will utilize several streets downtown to showcase classic cars and motorcycles. The event is free and open to the public. The Chamber arrange with a contracted services to provide no parking signage and road closure barricades. 8.7 Packet Pg. 46 The Chamber will pay for one officer to be on-site throughout the day. There is a beer garden and music area located in Centennial Plaza. The Chamber is required to comply with all noise ordinances, allow for freedom of speech and ensure the public spaces be left in good condition. At the time of publication the Chamber's insurance had not yet renewed. Proof of insurance in accordance with the insurance guidelines in this agreement will be required prior to the event. The city staff labor estimate is: 0 hours for Streets Division and 2 hours for Parks Maintenance Division. Oktoberfest (attached): This two-day event takes place on Friday, September 19th and Saturday, September 20th at Civic Park. The event is free and open to the public with the only admission fee being to enter the 21+ beer garden area. The children's area, pet parade, vendor and food areas are accessible to the public free of charge. This event is the Edmonds Rotary Club's big annual fundraiser. There will be a Petanque Tournament taking place on Saturday at Civic Park, the promoters have agreed to work together on shared use of the Park as such Oktoberfest will not be utilizing the Shade Structure or Petanque portions of the park for their event. The Rotary is required to comply with all noise ordinances, allow for freedom of speech and ensure the public spaces be left in good condition. At the time of publication the Rotary's insurance had not yet renewed. Proof of insurance in accordance with the insurance guidelines in this agreement will be required prior to the event. The city staff labor estimate is: 4 hours for Streets Division and 9 hours for Parks Maintenance Division. Attachments: 2025 Oktoberfest Event Agreement FINAL 2025 DRAFT Classic Car Show Event Agreement FINALv2 8.7 Packet Pg. 47 1 EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND ROTARY CLUB OF EDMONDS September 19-21, 2025 THIS AGREEMENT (“Agreement”) is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the “City”), and the ROTARY CLUB OF EDMONDS (hereinafter referred to as the “Rotary”) (collectively, the “Parties”). WHEREAS, the Rotary has for a number of years conducted a public event known as “Edmonds Rotary Oktoberfest” (hereinafter referred to as the “Event”) and proposes to do so again in 2025; and WHEREAS, the City Council finds that the Event will enhance tourism and promote economic development, as well as providing an opportunity for good clean fun to its citizens; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Edmonds Rotary Club and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City (certain Rotary obligations included). 1.1 The City will provide use of the following City-owned property, excluding the Pentanque Grove and shade structure located thereon, for use as the venue for Oktoberfest: Civic Center Playfield, parking on 7th Avenue adjacent to Civic Center Playfield, and 6th Avenue in front of Civic Center Playfield from in front of the shade structure to the Alley on the North end of Civic Center Playfield (See Exhibit A attached hereto and incorporated herein by this reference) (hereinafter referred to as the “City-Provided Site” or “park”). The City further agrees to the following: 1.1.1 “No Parking” signs will be placed on the west side of 7th Avenue and on both sides of 6th Avenue on Tuesday, September 16, 2025 at 8:00 a.m. 1.1.2 The Event setup will begin on Thursday, September 18, 2025, at 12:00 p.m. 1.1.3 The Event will run from 3:00 p.m. to 10:00 p.m. Friday, September 19, 2025 and 11:00 a.m. to 10:00 p.m. on Saturday, September 20, 2025. 1.1.4 All surfaces and areas listed will remain available to the Event until final cleanup, to be completed by Sunday, September 21, 2025, at 5:00 p.m. 1.1.5 The City will designate six (6) additional ADA parking spaces to be located along 7th Avenue near the North to the Park. (See Exhibit A). 8.7.a Packet Pg. 48 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 2 1.1.6 The Civic Center Playfield will include a 21+ area enclosed in fencing, to be provided by the Rotary, for the beer and wine sales and stage with music. Sponsor tents, additional food sales and the children’s area will be located outside of the fencing (see Exhibit A). 1.2 The City will provide access to five (5) permanent restrooms restocking three (3) times per day on Friday and Saturday of the Event. Related fees are outlined in Section 2.21 below. 1.3 The Rotary may install a banner on the Civic Center Playfields tennis court fence September 5, 2025. Size and location to be mutually agreed upon by the Rotary and Parks, Recreation and Human Services Department Director (“Parks Director”) or designee. 1.4 The City may irrigate the field prior to the Event. The park irrigation system will be turned off by 8:00 a.m. on September 17, 2025. 1.5 The City will provide access to available power to include five (5) festival power receptacles (20A, 30A and 50A) and an additional fifteen (15) 20A receptacles as identified in Exhibit B, attached hereto and incorporated herein by this reference. The Rotary must supply any additional power needed for the Event. The Rotary may utilize the overhead field lights while the Event is open to the public, the lights must be turned off at the conclusion of the Event each night. Overhead lighting schedule to be mutually agreed upon by the Rotary and the City. A Rotary representative and a City Public Works Facilities Division representative will meet prior to September 5, 2025, to draw up an exterior electrical plan. The City Electrician will have final say in all electrical matters. No ground penetrations are allowed unless authorized first by the City Electrician and a City Parks Department representative. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Rotary. 1.6 The City shall provide potable water access in the southwest corner of the park (Petanque courts) and in the northeast area of the park (playground area) for use by the food vendors (see Exhibit B). Additionally, the bottle filler stations located near the permanent restrooms and the one near the playground will be available. 1.7 The Rotary is not authorized to fasten anything to the buildings, structures, or trees unless authorized first by the City Parks Department. Doing so may be subject to fine and/or damage cost recovery from the Rotary. 1.8 Vehicles are only allowed to drive on the Sprague connection (east-west promenade) and in the food truck parking area as identified in Exhibit B. Any use of a vehicle larger than a gator on any other hardscape area may be subject to fine and/or damage cost recovery from the Rotary. 1.9 Alcohol may be served, provided the Rotary obtains all required state licenses and permits to serve alcohol. Copies will be furnished to the City at least two (2) weeks prior to the Event, or as soon as the Rotary receives the licenses and permits. 8.7.a Packet Pg. 49 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 3 1.10 The City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Seattle King County Department of Health or levels set forth in Chapter 5.30 of the Edmonds City Code. 1.11 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event must comply with the “Requirements for Outdoor Assembly Events” set forth in Exhibit C, attached hereto and incorporated herein by this reference. Such structures, booths and facilities may be inspected and reviewed by the City Fire Chief, Police Chief, Building Official and the Parks Director or their designees to determine whether the facilities in use comply with the provisions of Exhibit C and state and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. 1.12 The Edmonds Fire Marshal will inspect the facilities and all food trucks prior to the opening to the general public on or before 2:00 p.m., September 19, 2025, as the Parties will agree and note all potential problems. Prior to the opening of the Event, the Rotary will correct all problems related to fire safety. In the event that such problems are not corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of the City, any violation or other condition that threatens life, health or property has not been corrected. 1.13 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or designee, and the President of the Rotary. 1.14 The City will supply a list of acceptable compostable and recyclable food ware items and suppliers for the compostable items. 1.15 The Rotary will provide the “No Parking” signage to Public Works Streets Division prior to September 1, 2025. The Rotary should contact the Street Department Lead (425- 771-0235) for quantity and configuration of “No Parking” signage. 2. Responsibilities of the Rotary 2.1 The Rotary agrees to the following general open hours for Edmonds Oktoberfest: 2.1.1 Friday, September 19, 2025: 3:00 p.m. – 10:00 p.m. Alcohol last call 9:15 p.m., no service after 9:30 p.m. 2.1.2 Saturday, September 20, 2025: 11:00 a.m. – 10:00 p.m. Alcohol last call 9:15 p.m., no service after 9:30 p.m. 8.7.a Packet Pg. 50 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 4 2.2 The Rotary will ensure that all vendors have the necessary state licenses/permits for serving and selling alcohol. The Rotary intends to allow Event attendees of all ages and agrees to make its best effort to prevent service of alcohol to minors, including appropriate fencing around the Event, posting security at the entrances of the Event, and checking identification in accordance with common practice. Required fencing is addressed at Section 2.5, below. 2.3 The Rotary will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.4 The Rotary will provide a sufficient number of portable sani-cans and wash stations in addition to the City-provided permanent restrooms. Portable restrooms are not authorized to be placed on any of the grass surfaces and portable restroom service trucks are not permitted to drive on any surface other than the Sprague Connection promenade running East-West in the park. 2.5 The Rotary will provide fence installation and removal for Beer Garden and Wine Garden as required by law. Fencing will not utilize stakes that penetrate the grass. 2.6 The Rotary shall coordinate with the Boys and Girls Club to ensure their business remains accessible to their participants and vehicles as needed. 2.7 Garbage service will be contracted and paid for by the Rotary. 2.8 The Rotary will ensure that kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. All vendors utilizing tents or other temporary structures and all food truck vendors will be subject to field inspection by the Fire Marshals Office (“FMO”). Prior to the Event, the Rotary will provide all food truck vendors with the “Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist,” attached hereto as Exhibit D and incorporated herein by this reference. 2.9 Vehicles will only be allowed on Sprague Connection promenade and Food Truck area for load and unload, with adjacent streets used for parking during the Event. 2.10 The Rotary will notify all individual residents of the affected areas surrounding the park to provide awareness of the increase in park activity, noise, music and parking restrictions a minimum of 30 days prior to the Event. 2.11 Canopies, tents or similar structures must be held down with sandbags and not stakes. 8.7.a Packet Pg. 51 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 5 2.12 The Rotary will arrange for a walk-through with the City electrician and obtain approval for the accommodation of power and electricity needs. 2.13 The Rotary will provide security services necessary during the daytime hours (daytime hours being defined as those hours which the Event is in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the Rotary or the participants in the Event. 2.14 The Rotary will provide all security services necessary during the nighttime hours (nighttime hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services nor will it be liable for any loss or damage incurred by the Rotary or the participants in the Event. 2.15 The provisions of Chapter 5.05 of the Edmonds City Code (“Animal Control”) apply to the City-Provided Site. ECC 5.05.060 prohibits dogs, whether on leash or off leash from being present on City playfields. The Parks Director will provide a temporary exemption to this prohibition and allow dogs to be on leash at the Event. The Rotary will ensure that: (a) dogs remain on leash or under other manner of restraint at all times while on the City-Provided Site; (b) dogs do not enter the playground area; and (c) all dog waste is removed from the site. The Rotary will notify Police of any aggressive dog behavior. The Parks Director retains the right to suspend this temporary exemption at any time. 2.16 The Rotary will provide a fire watch for all times the Event is open to the general public. The Fire Marshal or representative may inspect the Event with the Rotary CEO or designated representative, prior to 2:00 p.m., Friday, September 19, 2025. 2.17 The Rotary will be responsible for restoring the City-Provided Site to its original condition including steam cleaning and pressure washing whenever required for all hard surfaces impacted by the Event. A Rotary representative will meet with a member of the City’s Parks Department prior to September 19, 2025 and on September 22, 2025 to inspect the City-Provided Site to document the “original” and “post event” conditions of the Civic Center Playfield and adjacent right of way spaces. 2.18 Cleanup areas include the City-Provided Site as described in paragraph 1.1 and all streets immediately surrounding the Event perimeter. 2.19 All garbage to the size of a cigarette butt, debris, litter, equipment, and any and all other items made necessary by or used in the provision of the Event will be picked up and removed by 12:00 p.m., Sunday, September 21, 2025. 2.20 Damage Deposit: The Rotary will submit a cleaning/damage deposit of One Thousand Five Hundred Dollars ($1,500.00) to the City prior to September 5, 2025. The deposit will be refunded to the Rotary if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. 8.7.a Packet Pg. 52 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 6 2.21 Fees: The Rotary will pay the City One Thousand Two Hundred Dollars ($1,200.00) for the use of the City-Provided Site prior to Friday, September 5, 2025. The Rotary will be responsible for the cost of City resources provided for the Event pursuant to the provisions of ECC 4.100.090. This Agreement will serve as the Special Event Permit application required under ECC 4.100.040. A statement of the estimated costs for City staff time for the deployment of no parking signs, additional ADA signage, restroom cleaning and restocking fees and potable water access will be provided upon approval of the Special Event Permit. The estimated costs for City resources must be paid no later than ten (10) days prior to the Event. The actual costs of these resources will be determined after the Event at which time the City will either refund the difference or invoice the Rotary for the additional costs due pursuant to ECC 4.100.090. 2.22 Notices. All requests for additional services and concerns of the Rotary will be directed by the Rotary President to the City’s designated representative, Parks Deputy Director at 425-771-0232. 2.23 Insurance: The Rotary will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will 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 of Edmonds will be named as an additional insured on the Rotary’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 will be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy will contain, or be endorsed to contain, that the Rotary’s insurance coverage will be primary insurance as respect the city of Edmonds. Any insurance, self- insurance, or self-insured pool coverage maintained by the city of Edmonds will be excess of the Rotary’s insurance and will not contribute with it. In the event that the Rotary’s employees and/or volunteers provide the service of alcohol at the event, the Rotary’s General Liability insurance will also include host liquor liability coverage. However, if the Rotary contracts with a third-party vendor or vendors to provide all service of alcohol, the Rotary will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming that the vendor(s) have Liquor Liability coverage, with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate per vendor. The City will be named as an additional insured on any third-party vendor(s)’ Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the Rotary’s Certificate of Insurance. The Rotary will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with the current A.M. Best rating of not less than A:VII. 8.7.a Packet Pg. 53 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 7 2.24 The Rotary agrees that Oktoberfest is a public event. The Rotary further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public rights of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Rotary will permit citizens attending events open to the general public at the City-Provided Site during the Event to exercise therein their protected constitutional right to free speech without interference in a designated free speech zone that does not violate fire and ADA codes. 2.25 Chapter 6.80 of the Edmonds City Code (“Plastic Bag Reduction”) restricts the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Rotary will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.26 Pursuant to the provisions of RCW 70A.200.100 concerning event recycling, the Rotary will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from Event participants. The Rotary will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.27, below). 2.27 Pursuant to the provisions of Chapters 6.90 (“Noncompostable Food Service Containers Prohibition”) and 6.95 ECC (“Single-Use Plastic Utensils – Prohibition”), which prohibit the use of non-compostable food service containers and single-use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City, the Rotary will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to Event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. The Rotary will provide for the on-site collection of compostable and recyclable materials from Event participants, using designated color-coded collection containers. The Rotary will ensure that on-site collection containers are serviced properly and continually during the Event. A Rotary representative will meet with the City’s Recycling Coordinator or representative prior to September 5, 2025, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage, and the City will work to identify mutually agreed upon locations for food waste stations. These stations will be identified on Event maps and website. 2.28 Indemnification: The Rotary shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, 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 8.7.a Packet Pg. 54 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 8 the Rotary and the City, its officers, officials, employees, and volunteers, the Rotary’s liability hereunder shall be only to the extent of the Rotary’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Rotary’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. 2.29 The Rotary may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.30 Neither the Rotary nor any of its officers, agents, or employees will discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.31 The Parties acknowledge that, pursuant to the provisions Chapter 70.160 RCW (herein after the “smoking ban”), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the Rotary are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Rotary warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 3. Miscellaneous 3.1 Entire Agreement, Integration, Amendment, Waiver, Applicable Law and Venue. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 8.7.a Packet Pg. 55 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 9 3.2 Force Majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Rotary will be deemed to be the same of the City for any purpose. The Rotary alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with laws. The Rotary in the performance of this Agreement will comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. It is the Rotary’s responsibility to ensure that all of its representatives and all participants in the Event comply with all relevant health and safety related guidance. In the event that the City provides written notice to the Rotary of issue(s) relating to public health or safety and such issue(s) are not promptly corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Parks Director and at the sole discretion of the City, such issue threatens public health and safety. 3.5 Termination. Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by the Rotary will constitute a breach of this Agreement. In the event the Rotary fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event the Rotary violates any local, city, county, state, or federal law, in connection with the Event, upon giving the Rotary twenty-four (24) hours’ advance written notice, the City may terminate this Agreement. Provided, the Parks Director may order the Rotary to cease operation of the Event hereunder immediately at any time should the Parks Director determine that the Event is detrimental to public safety, health, or welfare. Such a determination may be made in relation to any public safety, health or welfare issue. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained will be terminated, the Rotary will have no further rights hereunder, and the City may require the immediate removal of all property of the Rotary and its vendors from the City-Provided Site. 8.7.a Packet Pg. 56 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 10 DATED this ______ day of ________________ 2025. CITY OF EDMONDS: ROTARY CLUB OF EDMONDS: Mike Rosen, Mayor Patrick Shields, President Rotary Club of Edmonds ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 8.7.a Packet Pg. 57 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 11 Exhibit A 2025 Oktoberfest Site Plan 8.7.a Packet Pg. 58 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 12 Exhibit B Civic Center Playfield Amenities Map 8.7.a Packet Pg. 59 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) REQUIREMENTS FOR Outdoor Assembly Events The purpose of this handout is to assist the public in complying with requirements for holding Outdoor Assembly Events. It is not a complete list of permit or code requirements and should not be used as a substitute for applicable laws and regulations of the owner/design professional to review the submittal for completeness. Only complete applications will be accepted by the City for review. REQUIREMENTS: Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) Combustible refuse shall be kept in noncombustible containers with tight fitting or self-closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) Any street or road that is closed to vehicle traffic via movable barricades shall maintain an obstruction free width of not less than 20 feet for emergency vehicle access. Any street or road that is closed to vehicle traffic via movable barricades shall require dedicated event staff to standby each barricade to assist emergency services personnel with access. Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross-bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) Exhibit C 8.7.a Packet Pg. 60 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Smoking shall not be permitted in tents or membrane structures. Approved “No Smoking” signs shall be conspicuously posted. (IFC 3106.4.5) An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) Cooking appliances or devices that produce sparks or grease-laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ▪Designated cooking tents not occupied by the public when approved by the fire code official. ▪Tents or structures where cooking appliances are protected with an automatic fire- extinguishing system. (IFC 3106.5.1) Cooking equipment using combustible oils or solids shall meet the following: ▪A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ▪The equipment shall be placed on a noncombustible surface. ▪An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) Each generator shall be provided with an approved portable fire extinguisher complying with Section 906.(IFC 3106.6.3) LP-gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) Portable LP-gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP-gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 8.7.a Packet Pg. 61 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist This document is a regional fire inspection checklist for mobile food preparation vehicles with the intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find a list of the jurisdictions that are participating in this program. This program does not omit local jurisdiction requirements and their permitting processes. All mobile food preparation vehicle operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: Contact Person: Phone Number: Email: L&I Number (VEN): License Plate#: Date Inspected: Fire Agency: Inspector Signature: Summary of Inspection - Regional ☐Approved – No Violations ☐Approved to operate – violations noted below must be corrected ☐Not approved to operate Regi o nal Inspection Checklist Documentation PASS FAIL N/A 1.Washington State L&I A pproval St icke r ☐☐ ☐ Cooking System Type -1 Hood (If produces grease laden vapors) PASS FAIL N/A 1.Cooking suppression system is UL300 listed , serviced, and cleaned . ☐☐ ☐ •Date of last service : (Semiannually ) •Date of last cleaning : 2.Manual Pull Station accessible and unobstructed.☐☐ ☐ Exhibit D 8.7.a Packet Pg. 62 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 2 Cooking Oil Storage PASS FAIL N/A 1. Aggregate volume less than 120 gallons. ☐ ☐ ☐ 2. Storage tanks stored in such a way as to not be toppled or damaged during transport. ☐ ☐ ☐ LP-Gas Systems PASS FAIL N/A 1. LP tanks located on the outside of the vehicle or in a vapor tight cabinet vented to the outside. ☐ ☐ ☐ 2. LP tanks located on back of vehicle are provided with adequate impact protection provided. ☐ ☐ ☐ 3. Maximum LP tank size less than 200 pounds . (4.23 lb = 1 gal) ☐ ☐ ☐ • Number of tanks: • Size of tanks: • Date last inspected: (Annually) • Date of last hydro: 4. LP tanks securely mounted and piping protected. ☐ ☐ ☐ 5. LP gas alarm installed, operational and tested. ☐ ☐ ☐ • Last test date: 6. LP shut off valves installed and accessible. ☐ ☐ ☐ 7 . LP tanks used or stored outside of the vehicle shall be secured with a non -combustible strap or chain in an upright position and protected from impact. ☐ ☐ ☐ CNG Systems PASS FAIL N/A 1. All CNG containers are NGV -2 cylinders with a maximum size less than 1300 pounds . (1 ft 3 = 8 lbs) ☐ ☐ ☐ • Number of tanks: • Size of tanks: • Tank expiration date(s): • Date last inspected: (Every 3 years) • Date of last hydro: 2. Tanks securely mounted and piping protected. ☐ ☐ ☐ 3. Methane gas alarm installed, operational and tested. ☐ ☐ ☐ • Last tested date: Portable Fire Extinguishers PASS FAIL N/A 1. Class K Extinguisher installed along egress path (If using deep fat fryer or solid fuels). ☐ ☐ ☐ • Date last Serviced (Annually) 2. Fire protection system use placard installed near Class K Extinguisher. ☐ ☐ ☐ 8.7.a Packet Pg. 63 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 3 3. 2A:10B:C portable extinguisher shall be provided along egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. ☐ ☐ ☐ • Date last serviced (Annually) Electrical PASS FAIL N/A 1 . Extension cords protected from damage. ☐ ☐ ☐ 2 . No open electrical junction boxes or wiring. ☐ ☐ ☐ Generators PASS FAIL N/A 1 . Generators located a minimum o f 10 feet from combustibles. ☐ ☐ ☐ 2 . Refueling of internal combustion engines shall not be allowed during cooking operations and only when the electric generators and internal combustion power sources are not in use. ☐ ☐ ☐ Keep Required Documentation in Your Food Truck Please ensure you keep a copy of the following documents in your truck. You may be asked to produce these at any time by a fire department inspector. • Your fire inspection report (this form or other documentation provided to you by the fire agency that completed your inspection). • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire suppression system and extinguishers, completed by the contractor you use. • A copy of any permit(s) issued by a local fire department for your food truck. 8.7.a Packet Pg. 64 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 4 Additional Checklist Information and G uidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. 2018 International Fire Code Sections: 105 – Permits 319 – Mobile food preparation vehicles 607 – Commercial kitchen hoods 608 – Commercial kitchen cooking oil storage 904.12 – Commercial cooking systems 906 – Portable extinguishers National Fire Protection Association Standards 17A – Wet chemical extinguishing systems 58 – Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type -1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 8.7.a Packet Pg. 65 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 5 • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. • Manual Actuator is installed between 48 to 42 inches above the floor. • System Annunciation indicator (audible or visual) is provided to show that the system has been activated. • Exhaust, including hood, grease-removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High-volume cooking operations such as 24-hour cooking, charbroiling or wok cooking. 3 months Low-volume cooking operations such as places of religious worship, seasonal businesses and senior centers. 12 months Cooking operations utilizing solid fuel-burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep-fat fryers – installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum 8- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances – To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning – Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char-broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP-Gas Systems (IFC 319.8/IFC 61) System location – LP-Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers – LP-gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. 8.7.a Packet Pg. 66 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 6 Protection of system piping – LP-gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro – All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking for a manufacturer’s 4-digit month/year stamped on the collar. Cylinders that have previously been recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 02X07E or 07ABC07E. Inspected for damage – Damage can threaten the integrity of the tanks. LP-gas alarm – A listed LP-gas alarm shall be installed within the vehicle in the vicinity of LP-gas system components, in accordance with the manufacturer’s instructions. Shutoff valves – There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP-Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter-turn manual gas ball valve installed within the LP-Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage – Damage or exposure to certain chemicals can threaten the integrity of CNG tanks. Protection of system piping – CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms – A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer’s instructions. Diamond-shaped label - CNG vehicles shall be identified with a permanent, diamond-shaped label complying with the following: • Minimum of 4.72 in. long × 3.27 in. high • Marking in the label shall consist of a border and the letters “CNG” 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) 8.7.a Packet Pg. 67 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 7 Train Your Food Truck Staff on These Fire Safety Basics: • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful – Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture-resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food-preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency. • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 8.7.a Packet Pg. 68 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 8 ATTENTION. 8.7.a Packet Pg. 69 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) Revised 12/5/2022 Participating Fire Agencies This list will be revised based on changes and posted to the King County Fire Chiefs webpage located at: DOCUMENTS | KC Fire Chiefs (kingcountyfirechiefs.org) Bellevue Fire Bothell Fire Eastside Fire Enumclaw Fire Everett Fire KCFD #2 / Burien Fire King County Fire Marshal’s Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Shoreline Fire Snohomish County Fire Marshal’s Office / Unincorporated Snohomish County Snohomish Regional Fire and Rescue South King Fire Tukwila Fire Valley Regional Fire Authority Woodinville Fire & Rescue If your jurisdiction would like to become a participating agency, please contact Tami Dauenhauer at 425-276-9581 or tdauenhauer@rentonrfa.org. 8.7.a Packet Pg. 70 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD (419) 259-2710 (419) 255-7557 10172 All Active U.S. Rotary Clubs & Districts ATTN: Risk Management Dept. 1560 Sherman Avenue Evanston, IL 60201 A 2,000,000 X G73578917 004 7/1/2025 7/1/2026 500,000 Liquor Liability 0 2,000,000 4,000,000 4,000,000 2,000,000A X G73578917 004 7/1/2025 7/1/2026 The Certificate Holder is included as an additional insured where required by written contract or permit subject to the terms and conditions of the general liability policy, but only to the extent bodily injury or property damage is caused in whole or in part by the acts or omissions of the insured. PRODUCER Hylant Group Inc. 811 Madison Ave. Toledo, OH 43604 Rotary@hylant.com Westchester Surplus Lines Ins X X X X X X Sara Humphries / Macy Gorrell 8.7.a Packet Pg. 71 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) # R7080 Status Approved Page 1 of 2 5 resource(s)5 booking(s)Subtotal: $3,480.00 System User Todd Cort Home Phone Number (425) 205-3509 Email Address shieldsp38@gmail.com Agent Name Pat Shields Organization Phone 1 Number (425) 771-3482Organization Name Edmonds Rotary - 425 TypeCustomer Organization Organization Address P.O. Box 115 Edmonds, WA 98020 Permit #R7080 Status Approved Date Feb 21, 2025 12:10 PM FAC (Frances Anderson Center) 700 Main Street Edmonds, WA 98020 PHONE:(425) 771-0230 FAX:(425) 771-0253 EMAIL:reczone@edmondswa.gov Permit Rental Fee $1,980.00 Discounts $0.00 Subtotal $1,980.00 Deposits $1,500.00 Deposit Discounts $0.00 Total Permit Fee $3,480.00 Total Payment $0.00 Refunds $0.00 Balance $3,480.00 Oktoberfest Booking Summary Civic Field - Basketball (Park)Center: Civic Field START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Sep 18, 2025 12:00 PM Sun, Sep 21, 2025 12:00 PM 1 $0.00 Civic Field - Grass Large (Park)Center: Civic Field START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Sep 18, 2025 12:00 PM Sun, Sep 21, 2025 12:00 PM 1 $0.00 Resource level fees $3,480.00 Damage Deposit $1,500.00 / Each x 1 $1,500.00 Field Rental - R $1,200.00 / Each x 1 $1,200.00 Parks Labor Fee $60.00 / Each x 9 $540.00 Street Team Fee $60.00 / Each x 4 $240.00 Civic Field - Grass Small (Park)Center: Civic Field START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Sep 18, 2025 12:00 PM Sun, Sep 21, 2025 12:00 PM 1 $0.00 Civic Field - Skate Park (Park)Center: Civic Field START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Sep 18, 2025 12:00 PM Sun, Sep 21, 2025 12:00 PM 1 $0.00 Civic Field - Tennis (Park)Center: Civic Field 8.7.a Packet Pg. 72 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) # R7080 Status Approved Page 2 of 2 X: Date: Edmonds Rotary Customer Type: Organization Customer ID: 20011 Mailing Address: P.O. Box 115, Edmonds, WA 98020 Organization Phone 1 Number: (425) 771-3482 Authorized Agent Name: Pat Shields Home Phone Number: (425) 205-3509 Email Address: shieldsp38@gmail.com X: Date: FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone@edmondswa.gov Current Balance: $3,480.00Original Balance: $3,480.00Payment Schedules START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Sep 18, 2025 12:00 PM Sun, Sep 21, 2025 12:00 PM 1 $0.00 Deposit EVENT RESOURCE DEPOSIT FEE CHARGE TAX AMOUNT PAID REFUNDS BALANCE Oktoberfest Civic Field - Grass Large Damage Deposit $1,500.00 $0.00 $0.00 $0.00 $1,500.00 DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Jun 27, 2025 $180.00 $0.00 $0.00 $180.00 Sep 20, 2025 $3,300.00 $0.00 $0.00 $3,300.00 8.7.a Packet Pg. 73 At t a c h m e n t : 2 0 2 5 O k t o b e r f e s t E v e n t A g r e e m e n t F I N A L ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 1 EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND THE GREATER EDMONDS CHAMBER OF COMMERCE Event Date – September 7, 2025 THIS AGREEMENT (“Agreement”) is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the “City”), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as the “Chamber”) (collectively, the “Parties”). WHEREAS, the Chamber has for many years held a public event known as the Edmonds Classic: Car & Motorcycle Show (“Classic Car Show” or “Event”); and WHEREAS, the City Council finds that the “Classic Car Show” provides distinct benefits to the City by showcasing the City while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that the Event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1.Responsibilities of the City: 1.1 City will provide the following spaces to be used by the Chamber for the Classic Car Show as shown in Exhibit A (hereinafter referred to as the “City-Provided Site and Traffic Control Plan”) and Exhibit B: Use of City streets as diagramed in Exhibit A – Site Plan, for the Event to occur on September 7, 2025; Use of Centennial Plaza for the “Hot Rod Hangout” as diagramed in Exhibit B; City Hall parking lot located immediately South of the City Hall building at 121 5th Ave. N and the parking lot under City Hall. 1.2 City will assist with clearing the City-Provided Site of all vehicles from 2:00 a.m. on the date of the Event until 7:00 p.m. on the same day, to include contacting vehicle owners and coordinating towing of vehicles as needed. The Main and 5th closure to the most northern portion of Bell will be until 8:00 p.m. 1.3 City will arrange for one police officer to work the Event from approximately 7:00 a.m. until the conclusion of the Event (exact times to be decided mutually between the Chamber and the Edmonds Police Department). Chamber will be responsible for paying the actual cost of the overtime wages incurred by the City of the police officer. 8.7.b Packet Pg. 74 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 2 1.4 City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Snohomish County Department of Health or levels set forth in the ordinances of the City of Edmonds. Responsibilities of the Chamber: 2.1 Chamber will place “No Parking” signs a minimum of seventy-two (72) hours before the Event, which is scheduled for Sunday, September 7, 2025 2.2 On the day of the Event, the Chamber will place traffic cones on the center- dividing line of 5th Ave. S. between Elm St. and Walnut St. from 5:00 a.m. until 10:30 a.m. 2.3 Chamber will provide barriers at each of the 22 approved locations sufficient to provide adequate street closures required to contain the City-Provided Site described in Paragraph 1.1 and identified in Exhibit A. Elm St. and 5th Ave. S to close 5th Ave. S. North to Howell St., Will reopen by 10:30 a.m. following registration. Howell Way and 5th Ave. S to close 5th Ave. S. North to Walnut St., will reopen by 11:00 a.m. following registration. Howell Way and & 5th Ave S east of entrance to Ace Hardware Parking complex to prevent access to 5th Ave S. will be removed by 10:30 a.m. following registration. Hemlock Way and 5th Ave S to prevent access to 5th Ave S will be removed by 10:30 a.m. following registration. Pine St. and 5th Ave. S – both east and west – to prevent access to 5th Ave S. will be removed by 10:30 a.m. following registration. Forsyth Ln. and 5th Ave. S to prevent access to 5th Ave S will be removed by 10:30 a.m. following registration. 2.4 The intersection of 5th Ave. South at Walnut St. will remain open to general traffic east and west, but access will be controlled and may be limited to allow for safe staging of Event vehicles. There will be an Event volunteer at the intersection to designate which vehicles will be part of the Event and aid east and west traffic through the intersection. Barricades to prevent access to 5th Ave S north of Walnut will be placed once registration closes. 2.5 Chamber will remove barriers at 7:00 p.m. to reopen intersections after first checking with the officer on duty and receiving confirmation that it is safe to do so. 8.7.b Packet Pg. 75 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 3 2.6 Representatives from City Police, Fire, and Public Works Departments will meet with Chamber of Commerce officials to resolve any remaining or potential issues of traffic control and barricades prior to the Event, but will have no authority to waive the requirements of City ordinance or state law. 2.7 Chamber will comply with all applicable South County Fire guidelines, including the establishment of a twenty-foot (20’) fire lane down the middle of each street on which Classic Car Show cars will be parked for emergency vehicle access throughout the day of the Event. See Exhibit C “Requirements for Outdoor Assembly Events” attached hereto and incorporated herein by this reference. Chamber car show staff and ambassadors will ensure that no cars encroach upon this fire lane. 2.8 All use and configuration of structures, booths and other temporary facilities used in the Event must comply with the “Requirements for Outdoor Assembly Events” set forth in Exhibit C. Such structures, booths and facilities will be inspected and reviewed by Edmonds Fire Marshal, Police Chief, Building Official and Parks, Recreation and Human Services Director (“Parks Director”) or their designees to determine whether the facilities in use comply with the provisions of State and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. Edmonds Fire Marshal will inspect the facilities prior to the opening to the general public on or before 9:00 a.m., September 7, 2025, as the Parties will agree and note all potential problems. Prior to the opening of the Event, Chamber will correct all problems. In the event that such problems are not corrected, City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, anything that threatens life, health or property appears. In addition, all vendors utilizing tents or other temporary structures and all food truck vendors will be subject to field inspection by the Fire Marshal Office (“FMO”). Prior to the Event, the Chamber will provide all food truck vendors with the “Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist,” attached hereto as Exhibit D and incorporated herein by this reference. 2.9 Chamber will provide a fire watch at all times in and around the booths and displays open to the general public as a part of the Event. 2.10 Chamber will obtain and note on the back of the Classic Car Show registration card, which is posted on the dashboard of cars on display, at least one cell phone number for the car’s owner, to allow the Chamber to contact the owners when away from their cars. 2.11 Chamber will provide any and all security services necessary to reasonably secure the area and facilities provided, including the City-Provided Site. City will have no responsibility or liability for the provision of security services nor will it be liable for any loss or damage incurred by Chamber or the participants in the Event. 8.7.b Packet Pg. 76 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 4 2.12 Chamber will provide sufficient wash stations and approximately five (5) sani- cans that may be placed on site the night preceding the Event. Garbage service will be contracted and paid for by Chamber. Chamber will place thirteen (13) garbage and recycle containers around downtown for garbage collection. 2.13 Upon completion of the Event, Chamber will make adequate provisions for the cleanup of all sites provided under the terms of this Agreement to restore them to the same state of cleanliness as existed the night prior to the Event. Cleanup of all relevant street pavements will be completed by 7:00 p.m. on that day. Cleanup of sidewalks will be completed by 11:00 p.m. on that day. Cleanup areas include the City-Provided Site as described in Section 1 and all streets immediately surrounding the Event perimeter. A final inspection of the Event area will be conducted by a designated City official to determine if all areas are clean and returned to their original condition. For purposes of marking sidewalk or asphalt, Chamber agrees to use a temporary, water soluble, environmentally friendly material; further, Chamber will make best efforts to minimize the markings used on sidewalks and streets. 2.14 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 2.15 Chamber will notify Community Transit of activities that may impact transportation services in Edmonds. 2.16 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or designee, and the President of the Chamber. 2.17 Insurance: The Chamber will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will 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 of Edmonds will be named as an additional insured on the Chamber’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 will be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The insurance policy will contain, or be endorsed to contain, that the Chamber’s insurance coverage will be primary insurance as respect the City of Edmonds. Any insurance, self-insurance, or self-insured pool coverage maintained by the City of Edmonds will be excess of the Chamber’s insurance and will not contribute with it. 8.7.b Packet Pg. 77 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 5 In the event the Chamber’s employees and/or volunteers provide the service of alcohol at the Event, the Chamber’s General Liability insurance will also include host liquor liability coverage. However, if the Chamber contracts with a third-party vendor or vendors to provide all service of alcohol, the Chamber will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming that the vendor(s) have Liquor Liability coverage, with limits no less than $1,000,000 per occurrence and $2,000,000 in the aggregate per vendor. The City will be named as an additional insured on any third-party vendor(s)’ Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the Chamber’s Certificate of Insurance. The Chamber will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.18 The Chamber agrees that the Classic Car Show is a public event. The Chamber further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber will permit citizens attending events open to the general public at the City-Provided Site during the Classic Car Show to exercise therein their protected constitutional right to free speech without interference. 2.19 Chapter 6.80 of the Edmonds City Code (“Plastic Bag Reduction”) restricts the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.20 Pursuant to the provisions of RCW 70.93.093 concerning event recycling, the Chamber will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from Event participants. The Chamber will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.21, below). 2.21 Pursuant to the provisions of Chapters 6.90 (“Noncompostable Food Service Containers Prohibition”) and 6.95 ECC (“Single-Use Plastic Utensils – Prohibition”), which prohibit the use of non-compostable food service containers and single-use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City, the Chamber will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to Event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. The Chamber will provide for the on- site collection of compostable and recyclable materials from Event participants, using designated color-coded collection containers. The Chamber will ensure that on-site collection containers are serviced properly and continually during 8.7.b Packet Pg. 78 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 6 the Event. A Chamber representative will meet with the City’s Recycling Coordinator or representative prior to August 15, 2025, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage, and the City will work to identify mutually agreed upon locations for food waste stations. These stations will be identified on Event maps and website. 2.22 Indemnification: The Chamber will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision has been mutually negotiated by the Parties and will survive the termination or expiration of this Agreement. 2.23 The Parties acknowledge that pursuant to the provisions of Chapter 70.160 RCW (hereinafter the “smoking ban”), smoking is prohibited in indoor areas, within twenty-five (25) feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.24 Fees: The Chamber will pay the City all permit fees, in accordance with the provisions of Chapters 4.90 and 4.100 ECC, for the above-mentioned facilities use and services at least ten (10) days prior to the Event. This Agreement will serve as the Special Event Permit application required under ECC 4.100.040. A statement of the estimated costs of City resources to be provided for the Event will be provided upon approval of the Special Event Permit. The actual costs of these resources will be determined after the Event, at which time the City will either refund the difference or invoice the Chamber for the additional costs due pursuant to ECC 4.100.090. 2. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise 8.7.b Packet Pg. 79 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 7 changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber will be deemed to be the same of the City for any purpose. The Chamber alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Chamber in the performance of this Agreement will comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. 3.5 Non-Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement will not constitute a waiver of any other provision. 3.6 Termination. Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by the Chamber will constitute a breach of this Agreement. In the event the Chamber fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event the Chamber violates any local, city, county, state, or federal law, in connection with the Event, upon giving the Chamber twenty-four (24) hours’ advance written notice, the City may terminate this Agreement. Provided, the Parks Director may order the Chamber to cease operation of the Event hereunder immediately at any time should the Parks Director determine that the Event is detrimental to public safety, health, or welfare. Such a determination may be made in relation to any public safety, health or welfare issue. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained will be terminated, the Chamber will have no further rights hereunder, and the City may require the immediate removal of all property of the Chamber and its vendors from the City-Provided Site. 8.7.b Packet Pg. 80 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 8 DATED this ______ day of ________________ 2025. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: Mike Rosen, Mayor Ryan Crowther, President and CEO ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: ____________________________________ Office of the City Attorney 8.7.b Packet Pg. 81 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 9 Exhibit A City Provided Site and Traffic Control Plan 8.7.b Packet Pg. 82 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 10 Exhibit B Beer Garden Layout 8.7.b Packet Pg. 83 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) REQUIREMENTS FOR Outdoor Assembly Events The purpose of this handout is to assist the public in complying with requirements for holding Outdoor Assembly Events. It is not a complete list of permit or code requirements and should not be used as a substitute for applicable laws and regulations of the owner/design professional to review the submittal for completeness. Only complete applications will be accepted by the City for review. REQUIREMENTS: Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) Combustible refuse shall be kept in noncombustible containers with tight fitting or self-closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) Any street or road that is closed to vehicle traffic via movable barricades shall maintain an obstruction free width of not less than 20 feet for emergency vehicle access. Any street or road that is closed to vehicle traffic via movable barricades shall require dedicated event staff to standby each barricade to assist emergency services personnel with access. Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross-bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) Exhibit C 8.7.b Packet Pg. 84 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Smoking shall not be permitted in tents or membrane structures. Approved “No Smoking” signs shall be conspicuously posted. (IFC 3106.4.5) An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) Cooking appliances or devices that produce sparks or grease-laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ▪Designated cooking tents not occupied by the public when approved by the fire code official. ▪Tents or structures where cooking appliances are protected with an automatic fire- extinguishing system. (IFC 3106.5.1) Cooking equipment using combustible oils or solids shall meet the following: ▪A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ▪The equipment shall be placed on a noncombustible surface. ▪An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) Each generator shall be provided with an approved portable fire extinguisher complying with Section 906.(IFC 3106.6.3) LP-gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) Portable LP-gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP-gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 8.7.b Packet Pg. 85 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist This document is a regional fire inspection checklist for mobile food preparation vehicles with the intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find a list of the jurisdictions that are participating in this program. This program does not omit local jurisdiction requirements and their permitting processes. All mobile food preparation vehicle operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: Contact Person: Phone Number: Email: L&I Number (VEN): License Plate#: Date Inspected: Fire Agency: Inspector Signature: Summary of Inspection - Regional ☐Approved – No Violations ☐Approved to operate – violations noted below must be corrected ☐Not approved to operate Regi o nal Inspection Checklist Documentation PASS FAIL N/A 1.Washington State L&I A pproval St icke r ☐☐ ☐ Cooking System Type -1 Hood (If produces grease laden vapors) PASS FAIL N/A 1.Cooking suppression system is UL300 listed , serviced, and cleaned . ☐☐ ☐ •Date of last service : (Semiannually ) •Date of last cleaning : 2.Manual Pull Station accessible and unobstructed.☐☐ ☐ Exhibit D 8.7.b Packet Pg. 86 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 2 Cooking Oil Storage PASS FAIL N/A 1. Aggregate volume less than 120 gallons. ☐ ☐ ☐ 2. Storage tanks stored in such a way as to not be toppled or damaged during transport. ☐ ☐ ☐ LP-Gas Systems PASS FAIL N/A 1. LP tanks located on the outside of the vehicle or in a vapor tight cabinet vented to the outside. ☐ ☐ ☐ 2. LP tanks located on back of vehicle are provided with adequate impact protection provided. ☐ ☐ ☐ 3. Maximum LP tank size less than 200 pounds . (4.23 lb = 1 gal) ☐ ☐ ☐ • Number of tanks: • Size of tanks: • Date last inspected: (Annually) • Date of last hydro: 4. LP tanks securely mounted and piping protected. ☐ ☐ ☐ 5. LP gas alarm installed, operational and tested. ☐ ☐ ☐ • Last test date: 6. LP shut off valves installed and accessible. ☐ ☐ ☐ 7 . LP tanks used or stored outside of the vehicle shall be secured with a non -combustible strap or chain in an upright position and protected from impact. ☐ ☐ ☐ CNG Systems PASS FAIL N/A 1. All CNG containers are NGV -2 cylinders with a maximum size less than 1300 pounds . (1 ft 3 = 8 lbs) ☐ ☐ ☐ • Number of tanks: • Size of tanks: • Tank expiration date(s): • Date last inspected: (Every 3 years) • Date of last hydro: 2. Tanks securely mounted and piping protected. ☐ ☐ ☐ 3. Methane gas alarm installed, operational and tested. ☐ ☐ ☐ • Last tested date: Portable Fire Extinguishers PASS FAIL N/A 1. Class K Extinguisher installed along egress path (If using deep fat fryer or solid fuels). ☐ ☐ ☐ • Date last Serviced (Annually) 2. Fire protection system use placard installed near Class K Extinguisher. ☐ ☐ ☐ 8.7.b Packet Pg. 87 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 3 3. 2A:10B:C portable extinguisher shall be provided along egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. ☐ ☐ ☐ • Date last serviced (Annually) Electrical PASS FAIL N/A 1 . Extension cords protected from damage. ☐ ☐ ☐ 2 . No open electrical junction boxes or wiring. ☐ ☐ ☐ Generators PASS FAIL N/A 1 . Generators located a minimum o f 10 feet from combustibles. ☐ ☐ ☐ 2 . Refueling of internal combustion engines shall not be allowed during cooking operations and only when the electric generators and internal combustion power sources are not in use. ☐ ☐ ☐ Keep Required Documentation in Your Food Truck Please ensure you keep a copy of the following documents in your truck. You may be asked to produce these at any time by a fire department inspector. • Your fire inspection report (this form or other documentation provided to you by the fire agency that completed your inspection). • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire suppression system and extinguishers, completed by the contractor you use. • A copy of any permit(s) issued by a local fire department for your food truck. 8.7.b Packet Pg. 88 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 4 Additional Checklist Information and G uidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. 2018 International Fire Code Sections: 105 – Permits 319 – Mobile food preparation vehicles 607 – Commercial kitchen hoods 608 – Commercial kitchen cooking oil storage 904.12 – Commercial cooking systems 906 – Portable extinguishers National Fire Protection Association Standards 17A – Wet chemical extinguishing systems 58 – Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type -1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 8.7.b Packet Pg. 89 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 5 • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. • Manual Actuator is installed between 48 to 42 inches above the floor. • System Annunciation indicator (audible or visual) is provided to show that the system has been activated. • Exhaust, including hood, grease-removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High-volume cooking operations such as 24-hour cooking, charbroiling or wok cooking. 3 months Low-volume cooking operations such as places of religious worship, seasonal businesses and senior centers. 12 months Cooking operations utilizing solid fuel-burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep-fat fryers – installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum 8- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances – To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning – Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char-broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP-Gas Systems (IFC 319.8/IFC 61) System location – LP-Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers – LP-gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. 8.7.b Packet Pg. 90 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 6 Protection of system piping – LP-gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro – All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking for a manufacturer’s 4-digit month/year stamped on the collar. Cylinders that have previously been recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 02X07E or 07ABC07E. Inspected for damage – Damage can threaten the integrity of the tanks. LP-gas alarm – A listed LP-gas alarm shall be installed within the vehicle in the vicinity of LP-gas system components, in accordance with the manufacturer’s instructions. Shutoff valves – There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP-Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter-turn manual gas ball valve installed within the LP-Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage – Damage or exposure to certain chemicals can threaten the integrity of CNG tanks. Protection of system piping – CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms – A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer’s instructions. Diamond-shaped label - CNG vehicles shall be identified with a permanent, diamond-shaped label complying with the following: • Minimum of 4.72 in. long × 3.27 in. high • Marking in the label shall consist of a border and the letters “CNG” 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) 8.7.b Packet Pg. 91 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 7 Train Your Food Truck Staff on These Fire Safety Basics: • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful – Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture-resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food-preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency. • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 8.7.b Packet Pg. 92 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) 8 ATTENTION. 8.7.b Packet Pg. 93 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) Revised 12/5/2022 Participating Fire Agencies This list will be revised based on changes and posted to the King County Fire Chiefs webpage located at: DOCUMENTS | KC Fire Chiefs (kingcountyfirechiefs.org) Bellevue Fire Bothell Fire Eastside Fire Enumclaw Fire Everett Fire KCFD #2 / Burien Fire King County Fire Marshal’s Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Shoreline Fire Snohomish County Fire Marshal’s Office / Unincorporated Snohomish County Snohomish Regional Fire and Rescue South King Fire Tukwila Fire Valley Regional Fire Authority Woodinville Fire & Rescue If your jurisdiction would like to become a participating agency, please contact Tami Dauenhauer at 425-276-9581 or tdauenhauer@rentonrfa.org. 8.7.b Packet Pg. 94 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) # R7403 Status Approved Page 1 of 2 Current Balance: $120.00Original Balance: $120.00Payment Schedules 2 resource(s)2 booking(s)Subtotal: $120.00 System User Jay Sandstrom Home Phone Number (425) 670-1496 Email Address ryan@edmondschamber.com Agent Name Ryan Crowther Organization Phone 1 Number (425) 670-1496Organization Name Edmonds Chamber Of Commerce - 34 TypeCustomer Organization Organization Address 121 5th Ave North Edmonds, WA 98020 Permit #R7403 Status Approved Date Apr 28, 2025 12:49 PM FAC (Frances Anderson Center) 700 Main Street Edmonds, WA 98020 PHONE:(425) 771-0230 FAX:(425) 771-0253 EMAIL:reczone@edmondswa.gov Permit Rental Fee $120.00 Discounts $0.00 Subtotal $120.00 Deposits $0.00 Deposit Discounts $0.00 Total Permit Fee $120.00 Total Payment $0.00 Refunds $0.00 Balance $120.00 Classic Car Show Booking Summary Centennial Plaza (Park)Center: Centennial Plaza START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Sun, Sep 7, 2025 6:00 AM Sun, Sep 7, 2025 8:00 PM 1 $0.00 Right of Way (Park)Center: Right of Way START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Sun, Sep 7, 2025 6:00 AM Sun, Sep 7, 2025 8:00 PM 1 $0.00 Resource level fees $120.00 Park Maintenance Fee $60.00 / Each x 2 $120.00 DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Aug 7, 2025 $120.00 $0.00 $0.00 $120.00 8.7.b Packet Pg. 95 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) # R7403 Status Approved Page 2 of 2 X: Date: Edmonds Chamber Of Commerce Customer Type: Organization Customer ID: 33758 Mailing Address: 121 5th Ave North, Edmonds, WA 98020 Organization Phone 1 Number: (425) 670-1496 Authorized Agent Name: Ryan Crowther Home Phone Number: (425) 670-1496 Email Address: ryan@edmondschamber.com X: Date: FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone@edmondswa.gov 8.7.b Packet Pg. 96 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 7/15/2025 Highstreet Insurance &Financial Services 600 Main Street,Suite A Edmonds WA 98020 Carol DuClos 425-775-6446 425-640-9225 carol.duclos@highstreetins.com Western National Mutual Insurance Company 15377 GREAEDM-01 Greater Edmonds Chamber of Commerce 121 5th Ave N Edmonds WA 98020 894070793 A X 1,000,000 X 100,000 Excluded 1,000,000 2,000,000 X Y CPP1295831-03 9/1/2025 9/1/2026 2,000,000 A 1,000,000 X X CPP1295831-03 9/1/2025 9/1/2026 A X X 2,000,000UMB1049812-03 9/1/2025 9/1/2026 2,000,000 A CPP1295831-03 9/1/2025 9/1/2026 X WA Stop Gap 1,000,000 1,000,000 1,000,000 A Liquor Liability CPP1295831-03 9/1/2025 9/1/2026 Each Common Occurrenc Aggregate 1,000,000 2,000,000 RE:Edmonds Classic Car &Motorcycle Show September 12,2025 City of Edmonds is included as an additional insured if required by written contract. City of Edmonds 121 5th Ave N Edmonds WA 98020 CG MU 1078 12 20 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY CG MU 1078 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SPECIALTY SOLUTIONS ENHANCEMENT This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG 00 01) SUMMARY OF COVERAGES Description Limit Of Insurance Abduction $50,000 per Abduction/$50,000 Aggregate/$1,000 deductible Additional Insured – Broad Form Vendors Included Additional Insured – Lessor Of Leased Equipment Included Additional Insured – Managers Or Lessors Of Premises Included Additional Insured – State Or Political Subdivisions – Permits Included Additional Insureds By Written Contract Included Broad Form Property Damage $25,000 Per Occurrence Broad Knowledge/Notice Of Occurrence Included Damage To Premises Rented To You $300,000 Any One Premises Designated Location(s) – General Aggregate Limit Included Employee Bodily Injury To A Co-Employee Included Insured Contract Amended Included Medical And Dental Payments $10,000 Medical Expense Limit Mobile Equipment Included Non-Owned Watercraft 51 Feet Occupational License Review Expense $2,500 Per Review/$5,000 Aggregate Property Damage Liability – Borrowed Equipment $25,000 Occurrence/$50,000 Aggregate Property Damage Liability – Elevator And Sidetrack Agreement Included Supplementary Payments Increased Limits Bail Bonds $2,500 Loss Of Earnings Per Day $1,000 Unintentional Failure To Disclose Hazards Included Waiver Of Transfer Of Rights Of Recovery Against Others To Us Included 8.7.b Packet Pg. 98 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) CG MU 1078 12 20 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. The terms and conditions of this policy are amended as indicated below: I. Non-Owned Watercraft SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Exclusion 2.g.(2) is revised as follows: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft. This provision does not apply if the insured has any other insurance for “bodily injury” or “property damage” liability that would also be covered under this provision, whether the other insurance is primary, excess, contin- gent or on any other basis. In that case, this provision does not provide any insurance. II. Damage To Premises Rented To You Under SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, the last paragraph of 2. is deleted and replaced with the following: Exclusions c. through n. do not apply to “Property Damage” to the premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insur- ance applies to this coverage which is the greater of: 1. The Damage To Premises Rented To You Limit for Each Occurrence shown in the Declarations; or 2. $300,000 Under Section III – LIMITS OF INSURANCE, paragraph 6. does not apply. III. Supplementary Payments SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A & B, are revised as follows: 1. In paragraph 2., the limit of $250 for bail bonds is increased to $2,500. 2. In paragraph 4., the limit of $250 for daily loss of earnings is increased to $1,000. IV. Medical And Dental Payments Under SECTION I – COVERAGES, COVERAGE C. MEDICAL PAYMENTS, if COVERAGE C. MEDICAL PAYMENTS, is not otherwise excluded from this Coverage Part: 1. The Medical Payments Limit is changed to the greater of: a. $10,000; or b. The Medical Expenses Limit shown in the Declarations of this Coverage Part. 2. The provision, in C.1.a.(2) that the expenses must be incurred and reported to us within one year of the date of the accident, is increased to three years. V. Broad Form Property Damage Under SECTION I – COVERAGE A, Exclusion 2.j. is amended as follows: 1. Paragraph (3) does not apply. 2. Paragraphs (4) and (6) do not apply to customer’s property at your described premises. We do not cover any property: 1. Subject to motor vehicle registration; or 2. While being used to perform construction operations. Our limit for any one “occurrence” under this coverage provision is $25,000. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. 8.7.b Packet Pg. 99 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) CG MU 1078 12 20 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. VI. Occupational License Review Expense The following is added under SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the per review and annual aggregate limits of insurance stated in this endorsement, we agree to pay the “insured” for reasonable and necessary covered expenses, as listed below, incurred and paid by the “insured” as a direct result of a “occupational license review”, conducted by a governmental bureau, board, commission or department, occurring during the policy period and in the “coverage territory”. a. Covered Expenses include: (1) Fees and expenses of any licensed independent investigative services or legal counsel, hired by the “insured” for the purpose of assisting or representing the “insured” at the “occupational license review”; and (2) Costs of travel, accommodations, and meals incurred by the “insured” in order to appear before the governmental bureau, board, commission or department. b. Exclusions This coverage will not pay for: (1) Hearing fees; or (2) Fines, judgments, lawsuits, or settlement amounts as the result of or in conjunction with the “occu- pational license review”; or (3) Expense(s) directly or indirectly caused or resulting from the fraudulent, dishonest, or criminal acts of the “insured”, any director or officer of the “insured”, or agents thereof, whether acting alone or in collusion with others; or (4) Lost salary or wages claimed by or for any “insured” while preparing for or attending the “occupa- tional license review”. 2. For the purposes of the coverage provided by this provision, SECTION III – LIMITS OF INSURANCE is amended as follows: With respect to this endorsement only, the following apply: a. The per review limit of insurance shown in this endorsement is the most we will pay per review, regard- less of the number of “insureds” reviewed or subject to the “occupational license review”. b. The annual aggregate limit of insurance shown in this endorsement is the most we will pay for all cov- ered expenses for each policy period. c. In the event that the “occupational license review” continues over more than one policy period, the expenses shall be limited to the annual aggregate applicable to the policy period when the license review began. d. In no event will any expense claimed for an “occupational license review” be recoverable as expense for another “occupational license review”. e. The limits of insurance stated in this endorsement are not part of and are in addition to, the Liability Limits of Insurance shown in the Declarations for this policy. 3. For the purposes of the coverage provided by this provision, the following are added under SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: a. In the event of a “occupational license review” during the policy period, the “insured” will: (1) Make every reasonable effort to give us immediate written notice and timely updates concurrent with activity regarding the “occupational license review”; (2) Provide us with the official report of the “occupational license review”; and (3) Provide us with documentation, including receipts, for expenses claimed under this coverage. b. The insurance under this endorsement will be excess over any other valid insurance or bond. 8.7.b Packet Pg. 100 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) CG MU 1078 12 20 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4. For the purposes of the coverage provided by this provision, the following are added under SECTION V – DEFINITIONS: a. “Insured” as used in this endorsement means an employee of the Named Insured shown in the Decla- rations, but does not include leased or temporary workers or volunteers. “Insured” does not include the Named Insured, unless the Named Insured is an individual person operating as a sole proprietorship, or any other business, whether corporation, partnership, limited liability company or other organization. “Insured” only includes natural persons. b. “Occupational license review” means a formal or informal proceeding conducted by a governmental bureau, board, commission or department charged with regulating the “insured’s” occupational license and involving the review, modification, denial, suspension, or nonrenewal of the “insured’s” occupa- tional license or involving disciplinary action against the “insured”, including proceedings to impose a forfeiture or penalty; but “occupational license review” does not include a proceeding concerning any criminal or civil charge brought against the “insured”. VII. Abduction The following is added under SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the limits, aggregate and deductible as stated in this endorsement, we agree to pay the insured for reasonable and necessary Covered Expenses, as listed below, incurred and paid by the insured or “Guardian(s)” as a direct result of an “abduction” occurring during the policy period and in the “coverage Territory”, provided that such “abduction” is otherwise the subject of this endorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the following unless otherwise stated: a. Up to fourteen (14) days after the recovery of the “Covered Individual(s)”; or b. Discovery of the death of the “Covered Individual(s)”; or c. Twelve (12) months after the date of the “abduction”. Covered Expenses include the following incurred expenses: a. Fees and expenses of any independent investigative services, provided that we have given prior con- sent to the use of such independent investigative services; and b. Reward to an “Informant” for information leading to the recovery of the “Covered Individual(s)” and the arrest and conviction of the party(ies) responsible for the “abduction”; and c. Fees and expenses of independent forensic analysts engaged by the insured or “Guardian(s)” with prior authorization from us; and d. Fees and expenses of public relations consultants to assist in the location of the “Covered Individual(s)”; and e. Publicity costs incurred solely and directly to assist in the resolution of an “abduction”; and f. Costs of travel and accommodations incurred by the insured or “Guardian(s) while attempting to resolve an “abduction”; and g. Rest and rehabilitation expenses including travel, lodging and meals of the “Covered Individual(s)” and “Guardian(s)” incurred by the “Guardian(s)” and paid by the insured following resolution of the loss covered hereunder. The total amount under this provision shall not exceed $10,000 for any single loss; and h. Lost salary of “Guardian(s)”, which is the amount of compensation paid at an annual rate including the average bonuses and commissions, that the “Guardian(s)” would normally have earned; and i. Fees for psychological or psychiatric counseling for the be nefit of “Guardian(s)”, or siblings of the “Cov- ered Individual(s)” beginning on the date of recovery of the “Covered Individual(s)”, until the earliest of the following: (1) Up to three (3) months after the recovery or discovery of the death of the “Covered Individual(s)”; or (2) Twelve (12) months after the date of the “abduction”; and 8.7.b Packet Pg. 101 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) CG MU 1078 12 20 Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. j. Fees for psychological or psychiatric counseling for the benefit of “Covered Individual(s)” beginning on the date of recovery of the “Covered Individual(s)” and continuing up to twelve (12) months thereafter; and k. Medical services and hospitalization costs incurred for the “Covered Individual(s)” as a result of the “abduction” beginning on the date of recovery of the “Covered Individual(s)” an d continuing up to twelve (12) months thereafter; and l. Funeral and burial expenses of “Covered Individual(s)” resulting from an “abduction”. 2. Exclusions We will not pay any expense(s) directly or indirectly caused or resulting from: a. The fraudulent, dishonest, or criminal acts of any “Insured”, any director or officer of the “Insured”, parents or “Guardian(s)” or agents thereof, whether acting alone or in collusion with others; or b. Any legal liability or costs of defense for administrative, regulatory, judicial or other claims hearings or lawsuits arising out of the “abduction”; or c. Payment of any “ransom” or demand for money. For the purposes of the abduction coverage provided by this provision, SECTION III – LIMITS OF INSURANCE is amended as follows: 1. The Limits of Insurance shown on this Endorsement and the rules below fix the most that we will pay regardless of the number of: a. Insureds; b. Claims made or “suits” brought; or c. Persons or organizations making claims or bring “suits”. 2. The Aggregate Limit shown on this Endorsement is the most we will pay for all Covered Expenses for each policy period. All expenses arising from an act or series of related acts involving one or more persons or an act error or event or a series of related acts, errors or events shall be treated as arising out of one “abduction”. However we will not pay for any loss resulting from an “abduction” which is part of a series of related acts that began prior to the effective date of this insurance. 3. In no event will any expense claimed, incurred or paid under one “abduction” be recoverable under another “abduction”. 4. The “abduction” limit is included as part of the Limits of Insurance under the Liabil ity and Medical Expenses Aggregate Limit. 5. We will not pay for loss in any one “abduction” until the amount of loss exceeds the deductible shown on this Endorsement. We will than pay the amount of loss in excess of the deductible up to the applicable Limit of Insurance as shown in this Endorsement. The deductible will not reduce the Limit of Insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: 1. In the event of an “abduction” during the Policy Period, the “Insured” will make every reasonable effort to: (a) Determine that the “abduction” has actually occurred prior to incurring costs; and (b) Give immediate oral and written notice to us with periodic and timely updates concurrent with activity oc- curring during the incident; and (c) Immediately notify local, national or other appropriate law enforcement agency having jurisdiction over the matter. 2. Confidentiality The “Insured” will use all reasonable efforts not to disclose the existence of this Endorsement. 3. Other Insurance The insurance under this Endorsement will be excess over any other valid insurance. 8.7.b Packet Pg. 102 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) CG MU 1078 12 20 Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4. Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. 5. Due Diligence You and every insured or “guardian” must exercise due di ligence in doing all things reasonably practicable to avoid or diminish any loss covered under this insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION V – DEFINITIONS: 1. “Abduction” means the wrongful and illegal seizure of a “Covered Individual(s)”, by someone other than a “Guardian(s)” or an agent thereof, from the “premises” of the insured or on any other premises while such “Covered Individual(s)” are under the control of the insured occurring during the policy period. “Abduction” as used in this endorsement does not include the actions of any official acting within their lawful authority. 2. “Covered Individual(s)” means individual(s) under the care, custody and control of the insured. 3. “Informant” means any person, other than a “Covered Individual”, providing information not otherwise obtainable solely in return for a reward offered by the insured. 4. “Guardian(s)” means the natural and legal Parent(s) or legal and a ppointed Guardian, step-Parent(s) or foster Parent(s) of a “Covered Individual(s)” regardless of who has legal custody. 5. “Premises” means any place the insured conducts business. 6. “Ransom” means a consideration paid or demanded for the release of a “Covered Individual(s)” from captivity. VIII. Property Damage Liability – Elevators And Sidetrack Agreements The following is added under SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Exclusions j. (3), (4) and (6) do not apply to the use of elevators. 2. Exclusion k. does not apply to: a. The use of elevators; or b. Liability assumed under a sidetrack agreement. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. IX. Designated Location(s)-General Aggregate Limit The following is added under SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations at a single designated “location” shown in the Decla- rations: a. A separate Designated Location General Aggregate Limit applies to each designated “location”, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of “bodily injury” or property damage” included in the “products-completed operations hazard”, and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or “suits” brought; or (3) Persons or organizations making claims or bringing “suits”. 8.7.b Packet Pg. 103 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) CG MU 1078 12 20 Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. c. Any payments made under COVERAGE A, for damages or under COVERAGE C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated “location”. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated “location” also shown in the Declarations. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which cannot be attributed only to operations at a single designated “location” shown in the Declarations: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Op- erations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location Aggregate Limit. 3. When coverage for liability arising out of the “products -completed operations hazard” is provided, any pay- ments for damages because of “bodily injury” or “property damage” included in the “products -completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. 4. The following is added under SECTION V – DEFINITIONS “Location” means premises involving the same or connecting lots, or premises whose connection is inter- rupted only by a street, roadway, waterway or right-of-way of a railroad. 5. The provisions of LIMITS OF INSURANCE (SECTION III) not otherwise modified by this coverage shall continue to apply as stipulated. X. Property Damage Liability – Borrowed Equipment The following is added to Exclusion j. under Coverage A. (Section I): Paragraph (4) of this exclusion does not apply to equipment which you borrow unless the “property damage” occurs while such equipment is being used by an insured at a job site. Subject to all of the terms of SECTION III – LIMITS OF INSURANCE, the maximum limit in any one occurrence is $25,000 and an annual aggregate of $50,000. This insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to you, and SECTION IV – COMMERCIAL GENERAL LIABILITY CONDI- TIONS 4. Other Insurance is changed accordingly. XI. Additional Insureds By Written Contract A. SECTION II – WHO IS AN INSURED is amended to include as an additional insured any person or organ- ization that you are required to add as an additional insured to this policy by a written contract or written agreement that is: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the “bodily injury”, “property damage”, “personal and advertising injury”. B. The insurance provided to the additional insured applies as follows: 1. That person or organization is only an additional insured with respect to liability caused by your negli- gent acts or omissions at or from: (a) Premises you own, rent, lease, or occupy or (b) Your ongoing operations performed for the additional insured at the job indicated by written contract or agreement. 2. The limits of insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this policy whichever is less. These limits of insurance are inclusive of and not in addition to the limits shown in the Declarations. 8.7.b Packet Pg. 104 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) CG MU 1078 12 20 Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. With respect to the insurance afforded these additional insureds, the following additional insured exclusion applies: 1. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to “bodily injury”, “property damage”, “personal and advertising injury” arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings, designs or specifications; or (b) Supervisory, inspection, architectural or engineering activities. 2. The insurance afforded the additional insured does not apply to: (a) “Bodily injury” or “property damage” occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on the behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of “your work” out of which the injury or damage arises has been put to its intended use by any person or organization other than the contractor or subcontractor engaged in per- forming operations for a principal as part of the same project. XII. Additional Insured – State or Political Subdivisions – Permits The following is added to SECTION II – WHO IS AN INSURED: 1. Any state or political subdivision which has issued a permit to you, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state, governmental agency or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) “Bodily injury”, “property damage”, “personal and advertising injury” arising out of operations per- formed for the federal government, state or municipality; or (2) “Bodily injury’ or “property damage” included within the “products-completed operations hazard”. XIII. Additional Insured – Managers Or Lessors of Premises The following is added to SECTION II - WHO IS AN INSURED: 1. Any manager or lessor of premises shown in the Declarations is also an insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: The following exclusions are added: 1. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any man- ager or lessor of premises shown in the Declarations. XIV. Additional Insured – Lessor of Leased Equipment The following is added to SECTION II - WHO IS AN INSURED: 1. The person(s) or organization(s) who leases equipment to you for use in your business is also an insured, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. 8.7.b Packet Pg. 105 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) CG MU 1078 12 20 Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. XV. Additional Insured – Broad Form Vendors The following is added to SECTION II - WHO IS AN INSURED: 1. Any person(s) or organization(s) (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance is also an additional insured, but only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of a vendor’s business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) “Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection; demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the dis- tribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor’s premises in connection with the sale of the product. (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a con- tainer, part or ingredient of any other thing or substance by or for the vendor; or (8) “Bodily injury” or “property damage” arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub-Paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. This provision does not apply to any vendor included as an insured by an endorsement issued by us and made part of the Coverage Part. d. This provision does not apply if “bodily injury” or “property damage” included within the “products-com- plete hazards” is excluded either by the provisions of the Coverage Part or by endorsement. XVI. Employee Bodily Injury To A Co-Employee SECTION II- WHO IS AN INSURED paragraph 2.a.(1) is replaced by the following: However, none of these ”employees” or “volunteer workers” are insureds for “bodily injury” or “personal and advertising injury”: (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-“employee” while in the course of his or her employment or performing duties related to the conduct of your business, or to your other “volunteer workers” while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co-“employee” or “volunteer worker” as a consequence of Paragragh (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. 8.7.b Packet Pg. 106 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) CG MU 1078 12 20 Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. However, if a suit seeking damages for “bodily injury” or “personal and advertising injury” to any co -“employee” or other ”volunteer worker” arising out of and in the course of the co -“employee’s” or “volunteer worker’s” em- ployment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co-“employee” or other “volunteer worker”, is brought against you or a co-“employee” or a “volunteer worker”, we will reimb urse the reasonable costs that you incur in provid- ing a defense to the co-“employee” or “volunteer worker” against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. XVII. Broad Knowledge/Notice Of Occurrence The following is added under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirement in condition 2.a. that you must see to it that we are notified of an “occurrence” or offense applies only when the “occurrence” or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An “Executive Officer” or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or “suit” will not be considered breached unless the breach occurs after such claim or “suit” is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An “Executive Officer” or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. If you report an accident to your Workers’ Compensation insurance carrier which later develops into a liability occurrence, coverage for which is provided by this policy, failure to report such occurrence to us at the time of the accident shall not be a violation of the notification of loss condition in this policy (Condition 2. in Section IV). It is understood and agreed, however, that you shall give notification of such occurrence to us as soon as you are made aware of the fact that the particular accident has developed into a liability claim. XVIII. Unintentional Failure To Disclose Hazards Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 6. Representations is replaced by the following: By accepting this policy, you agree; 1. The statements in the Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this policy in reliance upon your representations; If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 8.7.b Packet Pg. 107 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) CG MU 1078 12 20 Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. XIX. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, the paragraph 8. Transfer of Rights of Recovery Against Others To Us condition is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and include in the “products – completed operations hazard” when you have waived such right of recovery under a written contract with that person or organization. Such written contract must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the “bodily injury”, “property damage”, “personal and advertising injury”; or 3. Executed after “bodily injury”, “property damage”, “personal and advertising injury” if: a. The terms and conditions of the written contract or written agreement had been agreed upon prior to the “bodily injury”, “property damage”, “personal and advertising injury”; and b. The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the “bodily injury”, “property damage”, “personal and advertising injury”. XX. Insured Contract SECTION V – DEFINITIONS, “Insured Contract” paragraph 9.a. is replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an “insured contract”. XXI. Mobile Equipment The following is added under SECTION V – DEFINITIONS, 12. “Mobile Equipment”: Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. 8.7.b Packet Pg. 108 At t a c h m e n t : 2 0 2 5 D R A F T C l a s s i c C a r S h o w E v e n t A g r e e m e n t F I N A L v 2 ( C l a s s i c C a r S h o w & O k t o b e r f e s t E v e n t A g r e e m e n t s ) City Council Agenda Item Meeting Date: 07/22/2025 Confirmation of Planning Board Appointment Staff Lead: Mayor's Office Department: City Council Preparer: Beckie Peterson Background/History Due to the resignation of Planning Board Member Alternate, a media release went out on June 9, 2025 for recruitment to fill the vacant position. Mayor Rosen has reviewed this applicant's qualfications and conducted an interview. During the July 15, 2025 Committee of the Whole, councilmembers interviewed the applicant and recommended placing the confirmation on the next consent agenda. Staff Recommendation Confirm appointment of Isabel Jones to the vacant Planning Board Alternate position. Narrative Mayor Rosen is recommending his appointment to the vacant Planning Board Alternate position. Attachments: Planning Board Application Jones_Redacted 8.8 Packet Pg. 109 8.8.a Packet Pg. 110 At t a c h m e n t : P l a n n i n g B o a r d A p p l i c a t i o n J o n e s _ R e d a c t e d ( C o n f i r m a t i o n o f P l a n n i n g B o a r d A p p o i n t m e n t ) City Council Agenda Item Meeting Date: 07/22/2025 Job Order Contracting program-Contractor renewal Staff Lead: Thom Sullivan Department: Public Works & Utilities Preparer: Royce Napolitino Background/History In 2022 the City of Edmonds amended our purchasing policy to allow the City to utilize job order contracting(JOC). This program allows for rapid delivery of project work utilizing up to three different “prime” contractors whom the city contracts with for a period of two years with and option of a third year. The City is in the process of selecting new prime contractors for the next two to three year term of the program. The RFP was approved for posting by Council in May 2025 and proposals were received and opened June 16th. Proposals were vetted by staff committee and contracts approved for award on Consent July 15, 2025. Staff Recommendation Consent to award the contracts for prime contractors for Job Order Contracting Program. Narrative N/A Attachments: Intent to Award JOC Prime Contractors Letter 7-2025 PHW City of Edmonds JOC Contractor Agreement Template 7-2025 Intent to Award JOC Prime Contractors Letter 7-2025 PHW JOC RFP opening submittal bid tab 6-16-2025 Langsholt Joc Proposal 25 Lincoln Joc proposal 25 Saybr Joc proposal 25 Woodridge Joc proposal 25 Scoring Sheet and Criteria 2025 (Carl) Scoring Sheet and Criteria 2025-Thom Scoring Sheet and Criteria Greg 2025 8.9 Packet Pg. 111 CITY OF EDMONDS 121 5TH AVENUE NORTH · EDMONDS, WA 98020 · 425-771-0220 · FAX 425-672-5750 Website: www.edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division MIKE ROSEN MAYOR 0/00/2025 Prime Contractor Name Primary Contact Address Project Title: Job Order Contracting Program-Prime Contractor Dear Primary Contact: This letter is to advise you that the Edmonds City Council met on Date, and awarded contracts for the above referenced program. Please complete and sign the contract documents provided to you. Before returning the copy, please be sure that the insurance coverage shown on the certificate meets the contract requirements, as well as the bond, provided in proposal are correct. The contract document requires that you complete this process in no more than ten calendar days. Upon receiving the signed contract, the City will review for completeness and have them signed by appropriate City personnel and return a fully executed copy to you electronically. Please coordinate the delivery of these submittals with the City’s project manager, Thom Sullivan. He can be reached at (425)760-3334 or by e-mail at thom.sullivan@edmondswa.gov Sincerely, Thom Sullivan City Facilities Manager 8.9.a Packet Pg. 112 At t a c h m e n t : I n t e n t t o A w a r d J O C P r i m e C o n t r a c t o r s L e t t e r 7 - 2 0 2 5 P H W ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 1 of 103 CITY OF EDMONDS, WASHINGTON JOB ORDER CONTRACT THIS JOB ORDER CONTRACT (hereinafter “the Contract”) is entered into by and between the City of Edmonds (hereinafter “the City”) and Contractor Name (hereinafter “the Contractor”). The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: SECTION 1 – WORK The Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The Work of this Contract will be set forth in each Detailed Scope of Work referenced in the individual Job Orders. The Contractor is required to complete each Detailed Scope of Work for the Job Order Price within the Job Order Completion Time. The value of the Job Order Price Proposal shall be calculated by summing the total of the calculation for each Pre-priced Task (Unit Price x quantity x Adjustment Factor) plus the value of all Non-Prepriced Tasks. SECTION 2 – CITY REPRESENTATIVES 2.1 Project Manager: The City will appoint a Project Manager for each Job Order, who shall be the City's representative, assume all duties and responsibilities and have the rights and authority assigned to the Project Manager in the Contract Documents in connection with completion of the Work in accordance with the Job Order and the Contract Documents. 2.2 Contract Administrator: The JOC Contract Administrator is designated by the City to manage the Job Order Contracting program for the City. The Contract Administrator will oversee the execution of the program on behalf of the City and will provide overall guidance to the Project Managers and Contractor(s) in the execution of Job Orders. The Contract Administrator shall intervene in disputes or disagreements between the Project Manager and the Contractor. The Contract Administrator also may exercise any authority granted to Project Managers under the Contract Documents with respect to any Job Order at any time. SECTION 3 – CONTRACT TIME 3.1 The Base Term of the Contract is two (2) years. 3.2 There is one (1) bilateral Option Term. Both parties must agree to extend the Contract for the Option Term. The duration of the Option Term is one year. 3.3 The City and the Contractor may agree to extend the Option Term. 8.9.b Packet Pg. 113 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 2 of 103 3.4 All Job Orders issued during the term of this Contract shall be valid and in effect notwithstanding that the Detailed Scope of Work may be performed, payments may be made, and/or the guarantee period may continue after the Contract term has expired. All terms and conditions of the Contract apply to each Job Order. 3.5 The Contractor shall commence work upon issuance of a Job Order and shall complete the Detailed Scope of Work for the Job Order Price within the Job Order Completion Time. SECTION 4 – CONTRACT PRICE 4.1 The City shall pay the Contractor for completion of each Detailed Scope of Work in accordance with the Contract Documents. 4.2 The Contract is an indefinite-quantity contract for general construction work and services. The Minimum Contract Value of Job Orders that the Contractor is guaranteed the opportunity to perform under this Contract is Twenty-Five Thousand Dollars ($25,000). The Estimated Annual Value is two Million Dollars ($2,000,000) for the City’s Job Order Contracting Program. The City reserves the right to issue up to the maximum amount specified in RCW 39.10.40 of Four Million Dollars ($4,000,000) per year or such greater amount that may be authorized by statute. The Maximum Contract Value shall not exceed the value set forth in the RCW. 4.3 The Contractor is not guaranteed to receive the Estimated Annual Value. It is merely an estimate. Owner has no obligation to give the Contractor the opportunity to perform Job Orders in excess of the Minimum Contract Value. 4.4 The Contractor shall perform all work required, necessary, proper for or incidental to completing the Detailed Scope of Work called for in each individual Job Order issued pursuant to this Contract for the Unit Prices set forth in the Construction Task Catalog® and the following Adjustment Factors: Normal Working Hours Adjustment Factor (General Facilities) 7:00 am to 4:00 pm Monday through Friday, except for City Holidays: _________. Other Than Normal Working Hours Adjustment Factor (General Facilities) 4:01 pm to 6:59 am Monday through Friday, and all-day Saturday, Sunday and City Holidays: ________. Normal Working Hours Adjustment Factor (Secured Facilities) 7:00 am to 4:00 pm Monday through Friday, except for City Holidays: __________. Other Than Normal Working Hours Adjustment Factor (Secured Facilities) 4:01 pm to 6:59 am Monday through Friday, and all-day Saturday, Sunday and City Holidays: _____________. Non-Prepriced Adjustment Factor: _____________. 8.9.b Packet Pg. 114 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 3 of 103 SECTION 5 – PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with Article 12 the General Conditions. Applications for Payment will be processed by the Contract Administrator with approval by the Project Manager as provided in the General Conditions. 5.1 Progress Payments. The City shall make progress payments on account of the Job Order Price on the basis of the Contractor's Invoices as recommended by Project Manager and Contract Administrator in accordance with the General Conditions. All progress payments will be on the basis of the progress of the Work as established in the General Conditions (and in the case of Unit Price Work based on the number of units completed). 5.2.1 Final Payment. Upon final completion and acceptance of the work in accordance with the General Conditions, City shall pay the remainder of the Job Order Price as recommended by Project Manager and Contract Administrator. A Certificate of Completion signed by the Project Manager is required prior to payment of any final invoice(s). 5.2.2 Schedule. As determined by the Project Manager, progress payments shall be made per the Project Payment Schedule. 5.2.3 Separate Contract. Per RCW 39.10.450, for purposes of chapters 39.08, 39.12, 39.76, and 60.28 RCW, each Job Order issued shall be treated as a separate contract. The Contractor will provide the bonds as set forth in the RFP and in the General Conditions on the forms provided by the City. SECTION 6 – INDEMNIFICATION The indemnity and defense obligations in this Section 6 are in addition to any other indemnity and defense obligation elsewhere in the Contract Documents. A. The Contractor will defend and indemnify the City from any and all Claims arising out of, in connection with, or incident to any acts, errors, omissions, or conduct by the Contractor relating to, or arising out of its performance of, this Contract. The Contractor will defend and indemnify the City whether a Claim is asserted directly against the City, or whether a Claim is asserted indirectly against the City, e.g., a Claim is asserted against someone else who then seeks contribution or indemnity from the City. The amount of insurance obtained by, obtainable by, or required of the Contractor does not in any way limit the Contractor’s duty to defend and indemnify the City. The City retains the right to approve Claims investigation and counsel assigned to said Claim and all investigation and legal work regarding said Claim shall be performed under a fiduciary relationship to the City. B. The Contractor’s obligations under this Section shall not apply to Claims caused by the sole negligence of the City. If: (1) RCW 4.24.115 applies to a particular Claim; and (2) such Claim is caused by or results from the concurrent negligence of: (a) the Contractor, its employees, subcontractors/subconsultants or agents; and (b) the City, then the Contractor’s obligations under this Section 6 shall apply only to the extent allowed by RCW 4.24.115. 8.9.b Packet Pg. 115 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 4 of 103 C. As used in this section: (1) “City” includes the City’s officers, employees, agents, and representatives; (2) “Claims” include all losses, claims, demands, expenses (including, but not limited to, attorney’s fees and litigation expenses), suits, judgments, or damage, whether threatened, asserted or filed against the City, whether such Claims sound in tort, contract, or any other legal theory, whether such Claims have been reduced to judgment or arbitration award, irrespective of the type of relief sought or demanded (such as money or injunctive relief), and irrespective of the type of damage alleged (such as bodily injury, damage to property, economic loss, general damages, special damages, or punitive damages); and (3) “Contractor” includes the Contractor, its employees, agents, representatives and subcontractors. D. The Contractor waives any right of contribution against the City. It is agreed and mutually negotiated that in any and all claims against the City, its agents or employees, the Contractor, a subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts any of them may be liable, the defense and indemnification obligations hereunder shall not be limited in any way by any limitation on the amount of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under industrial worker’s compensation acts, disability benefit acts, or other employees’ benefit acts. The Contractor’s and City’s signatures hereto indicate specific waiver of the Contractor’s industrial insurance immunity in order to fulfill this indemnity. Solely for the purpose of indemnification and defense as provided in this Contract, the Contractor specifically waives any immunity under the State Industrial Insurance Law, Title 51 RCW. The Contractor expressly acknowledges that this waiver of immunity under Title 51 RCW was the subject of mutual negotiation and was specifically entered into pursuant to the provisions of RCW 4.24.115. SECTION 7 – CONTRACTOR'S REPRESENTATIONS The Contractor makes the following representations: 7.1 The Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The Contractor is fully qualified to perform the Work to be performed hereunder in a competent and professional manner. 7.3 The Contractor has given the Project Manager written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by the Project Manager is acceptable to the Contractor. SECTION 8 – CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City and the Contractor concerning the Work consist of the following: 8.1 This Contract and its exhibits, if any. In a Federally Funded Job Order (as defined in the General Conditions) this Contract includes the applicable current Federal Contract Clauses, which the City will specifically designate in the Job Order. These Federal Contract Clauses are only applicable to that specific Federally Funded Job Order and have no force or effect with respect to any other Job Order. A Federally Funded Job Order may also include one- 8.9.b Packet Pg. 116 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 5 of 103 time changes to the Contract Documents specifically for that Job Order signed for the City by the Contract Administrator as necessary to coordinate the requirements of the applicable Federal Contract Clauses with the requirements of the Contract Documents. 8.2 General Conditions, attached hereto and incorporated by reference. 8.3 Supplementary Conditions, attached hereto and incorporated by reference. 8.4 The RFP and all addenda, incorporated by reference. 8.5 Contractor's Proposal, incorporated by reference. If there is inconsistency between any provision of the Contractor’s Proposal and any other Contract Document, then the provision imposing the more stringent requirement on the Contractor will control. 8.6 The Construction Task Catalog® and Technical Specifications, incorporated by reference. 8.7 All Job Orders and related documents, including but not limited to, the Detailed Scope of Work with Drawings and/or Specifications, Request for Proposal, Price Proposal, Job Order Proposal, Notice to Proceed, submittals, record documents, and all required close-out documentation and warranties, incorporated by reference. If there is inconsistency between any provision of the documents listed in this Section 8.7 and any other Contract Document, then the provision imposing the more stringent requirement on the Contractor will control. There are no Contract Documents other than those listed above in this Section 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions or Supplementary Conditions. All Contract Documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. In cases of conflict in the requirements and provisions as set out by the Contract Documents, the specifications, or the drawings, such conflict shall be reconciled by the order of precedence in the order the Contract Documents are set forth above. Additionally, in the event of conflicting provisions within the Job Order Contract, the following order of precedence with item (a) representing the highest precedence for resolution of the conflict shall apply: a) Contract Modifications (later takes precedence over earlier) b) Job Order Contract c) Addenda (later takes precedence over earlier) d) Job Orders (including Detailed Scopes of Work, Job Order Proposals, and any Supplemental Job Orders) e) Request for Proposals f) General Terms and Conditions g) Special and Supplementary Conditions (when provided) h) The Construction Task Catalog© i) Gordian Technical Specifications Any modification of any Contract Document listed in sections 8.1 to 8.6 above requires an amendment executed by an authorized representative of the City and by an authorized representative of the Contractor. Changes to Contract Documents listed under Sect ion 8.7 may be 8.9.b Packet Pg. 117 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 6 of 103 executed by an authorized representative of the Contractor and by the Project Manager or the Contract Administrator for the City. SECTION 9 – PREVAILING WAGES Contractor shall comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor will be required to file prevailing wage intents and affidavits with the Washington State Department of Labor & Industries for each Job Order. A Federally- Funded Job Order may specify the Davis-Bacon Act and Copeland Anti-Kickback Act, in which case the Contractor shall comply with these requirements. The Contractor will pay Washington state prevailing wages or Davis-Bacon wages, whichever is higher. SECTION 10 – MISCELLANEOUS 10.1 Terms used in this Contract which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 10.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become d ue and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.3 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in t he Contract Documents. 10.4 This Contract is governed by the laws of the State of Washington, without regard to the principles of conflict of laws. Any action or suit brought in connection with this Contract shall be exclusively brought in the Superior Court of King County, Washingto n. 10.5 Force Majeure: Neither party shall be liable to the other or deemed in breach or default for any failure or delay in performance under this Contract during the time and to the extent its performance is prevented by reasons of Force Majeure. For the purposes of this Contract, Force Majeure means an occurrence that is beyond the reasonable control of and without fault or negligence of the party claiming force majeure and which, by exercise of due diligence of such party, could not have been prevented or overcome. Force Majeure shall include natural disasters, including fire, flood, earthquake, windstorm, avalanche, mudslide, and other similar events; acts of war or civil unrest when an emergency has been declared by appropriate governmental officials; acts of civil or military authority; freight embargoes; epidemics; quarantine restrictions; labor strikes; boycotts; terrorist acts; riots; insurrections; explosions; and nuclear accidents. A party claiming suspension or termination of its obligations due to force majeure shall give the other party prompt written notice, but no more than two (2) working days after the event, of the impediment and its effect on the ability to perform; failure to provide such notice shall preclude recovery under this provision. 8.9.b Packet Pg. 118 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 7 of 103 10.6 Nondiscrimination: In hiring or employment made possible or resulting from this Contract, there shall be no unlawful discrimination against any employee or applicant for employment because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, citizenship or immigration status (except if authorized by federal or state law, regulation, or government contract), marital status, sexual orientation, honorably discharged veteran or military status, the presence of any sen sory, mental, or physical handicap or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification. This requirement shall apply to but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt or the benefit of any services or activities made possible by or resulting from this Contract on the grounds of sex, race, color, creed, national origin, age (except minimum age and retirement provisions), citizenship or immigration status (except if authorized by federal or state law, regulation, or government contract), marital status, sexual orientation, honorably discharged veteran or military status, the presence of any sensory, mental or physical handicap, or the use of a trained dog guide or service animal by a person with a disability. 10.7 Integration: The agreement between the parties shall consist of this Contract, its attached Appendices 1 & 2 and General and Supplementary Conditions, and all other Contract Documents referenced in Section 8, above. 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 Contract and any provision in the Contract Documents, the order of precedence shall apply. 10.8 This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Contractor to any other person or entity without the prior written consent of the City, which consent will not be unreasonably withheld. In the ev ent that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Contractor as stated herein. 10.9 Counterpart Originals: This Contract may be executed in any number of counterpart originals, each of which shall be deemed to constitute an original Contract, and all of which shall constitute one Contract. The execution of one counterpart by a Party shall have the same force and effect as if that Party had signed all other counterparts. 8.9.b Packet Pg. 119 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 8 of 103 IN WITNESS WHEREOF, the City and the Contractor have signed this Contract. This Contract is effective as of the date of the last person to sign it, and may be executed in multiple counterparts, each of which shall be deemed an original. CITY OF EDMONDS, WASHINGTON _____________________________ Mike Rosen, Mayor ATTEST/AUTHENTICATED: _____________________________ Scott Passey, City Clerk Date: _________________ APPROVED AS TO FORM: ____________________________ Office of the City Attorney CONTRACTOR _______________________________________ By: ____________________________________ _ __ Typed/Printed Name: Title: ___ Date: __________________ 8.9.b Packet Pg. 120 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 9 of 103 JOB ORDER CONTRACT APPENDIX 1 (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the “Contractor”) agrees as follows: 1. Compliance with Regulations: The 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. 2. Nondiscrimination: The 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 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. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, request for proposal, or negotiation made by the 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 Contractor of the 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 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 Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the 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. 5. Sanctions for Noncompliance: In the event of the 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 Contractor under the Agreement until the Contractor complies; and/or • Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The 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 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 Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the 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 Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States. 8.9.b Packet Pg. 121 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 10 of 103 JOB ORDER CONTRACT APPENDIX 2 (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this contract, the Contractor, for itself, its assignees, and successors in the interest (hereinafter referred to as the “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). 8.9.b Packet Pg. 122 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 11 of 103 GENERAL CONDITIONS ARTICLE 1 DEFINITIONS ........................................................................................................................... 14 1.1 Definition of Terms 1.1.1 JOC Specific Definition of Terms 1.2 Definitions/Abbreviations ARTICLE 2 PRELIMINARY MATTERS ................................................................................................. 26 2.1 City Operations 2.2 Starting the Job Order (Notice to Proceed) 2.3 Job Order Completion Time 2.4 Extension of Time 2.5 Before Starting Work 2.6 Preconstruction Conference ARTICLE 3 CONTRACT DOCUMENTS: INTENT, CORRELATION, EXECUTION OF AND OWNERSHIP OF CONTRACT DOCUMENTS ......................................................................................................................... 29 3.1 Intent 3.2 Correlation of the Contract Documents 3.3 No Warranties by the City ARTICLE 4 PHYSICAL CONDITIONS AND REFERENCE POINTS .................................................... 31 4.1 Unforeseen Physical Conditions ARTICLE 5 BONDS AND INSURANCE ............................................................................................... 32 5.1 Performance Bond 5.2 Payment Bond 5.3 Contractor's Liability Insurance 5.4 Contractor Pollution Liability 5.5 Waiver of Rights 5.6 Receipt and Application of Property Insurance Proceeds ARTICLE 6 CONTRACTOR'S RESPONSIBILITIES.............................................................................. 43 6.1 Examination of the Site of Work and Detailed Scope of Work 6.2 Error, Inconsistency, Omission or Variance in the Contract Documents 6.3 Supervision 6.4 Labor, Materials, and Equipment 6.5 Equivalent Materials and Equipment, "or Equal" 6.6 Disposal of Demolished Materials 6.7 Subcontractors and Sub-Subcontractors 6.8 Patent Fees and Royalties 6.9 Laws and Regulations 6.10 Taxes 6.11 Use of Premises 6.12 Record Documents 6.13 Safety and Protection 6.14 Emergencies 6.15 Shop Drawings and Samples 6.16 Continuing the Work 6.17 Warranties 6.19 Progress Schedule 6.20 On-Site Documents 6.21 Working Drawings, Product Data, Samples, and Other Submittals 6.22 Cutting, Fitting and Patching of Work 8.9.b Packet Pg. 123 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 12 of 103 6.23 Inspection of the Work 6.24 Uncovering of Work 6.25 Correction of Work 6.26 Responsibility for Work 6.27 Hazardous Materials 6.28 Clean-up 6.29 Protection of Work During Suspension 6.30 Notice and Detailed Breakdown of Claim 6.32 Prerequisite to Suit 6.33 Indemnification ARTICLE 7 ADDITIONAL WORK AND WORK BY OTHERS ............................................................. 61 7.1 Additional Work ARTICLE 8 CITY'S RESPONSIBILITIES ............................................................................................. 62 8.1 Authority of the Project Manager 8.2 Administration of the Contract 8.3 City's Right to Carry Out Other Work 8.4 Officers and Employees of the City Have No Personal Liability 8.5 Gratuities 8.6 Service of Notices on the Contractor ARTICLE 9 PROJECT MANAGER'S STATUS DURING WORK ........................................................ 64 9.1 City's Representative 9.2 Clarifications and Interpretations 9.3 Rejecting Defective Work 9.5 Decisions on Disagreements 9.6 Limitations on Project Manager's Responsibilities 9.8 Requests for Instruction ARTICLE 10 CHANGES IN THE WORK.................................................................................................67 10.1 Changes to Contract Documents 10.2 Change Order and Supplemental Job Order 10.3 Job Order Price 10.4 Job Order Completion Time ARTICLE 11 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK..................................................................................................... 70 11.1 Warranty and Guarantee 11.2 Access to Work 11.3 Tests and Inspections 11.4 City May Stop the Work 11.5 Correction or Removal of Defective Work 11.6 Acceptance of Defective Work 11.7 City May Correct Defective Work ARTICLE 12 PAYMENTS TO CONTRACTOR AND COMPLETION...................................................... 73 12.1 Application for Progress Payment 12.2 Contractor's Warranty of Title 12.3 Review of Applications for Progress Payment 12.4 Substantial Completion 12.5 Partial Utilization 12.6 Final Inspection 8.9.b Packet Pg. 124 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 13 of 103 12.7 Final Application for Payment 12.8 Final Payment and Acceptance 12.9 Contractor's Continuing Obligation 12.10 Waiver of Claims ARTICLE 13 SUSPENSION OF WORK AND TERMINATION .............................................................. 77 13.1 Suspend the Work 13.2 City May Terminate 13.3 Termination for Convenience 13.4 Minimum Contract Value Not Achieved 13.5 Contractor may Stop Work or Terminate ARTICLE 15 MISCELLANEOUS .................................................................................................................. 80 15.1 General Requirements 15.2 Giving Notice 15.3 Computation of Time 15.4 Non-Discrimination 15.5 Contractor Selection 15.6 Contractor’s Personnel ARTICLE 16 JOC PROCEDURE FOR ORDERING WORK .................................................................. 82 16.1 Initiation of a Job Order. 16.2 Preparation of the Price Proposal 16.3 Review of the Job Order Proposal and Issuance of the Job Order ARTICLE 17 ENR CCI ADJUSTMENT OF THE ADJUSTMENT FACTORS......................................... 89 ARTICLE 18 SOFTWARE, JOC SYSTEM LICENSE, AND COOPERATIVE PURCHASING ............... 91 18.1 JOC System License 18.2 Cooperative Purchasing ARTICLE 19 COMPLIANCE WITH THE JOC RCW REQUIREMENTS .............................................. 92 19.1 Contractor's Responsibility 19.2 Maximum Job Order Value 19.3 Adjustment Factors and Construction Task Catalog® 19.4 Prevailing Wage Rates to be Paid 19.5 Executed OMWBE Plan 19.6 Subcontracting 19.7 Public Records 19.8 Audits and Retention of Records 19.9 Public Notice Requirements 19.10 Public Inspection of Certain Records-Protection of Trade Secrets 8.9.b Packet Pg. 125 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 14 of 103 ARTICLE 1 DEFINITIONS 1.1 Definition of Terms: Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof. Acceptance The official act of the City, Contract Administrator, or Project Manager as described in Article 12. Addenda Written or graphic instruments issued prior to the submittal of Contractor Proposals which clarify, correct or change the Proposal documents or the Contract Documents Contract (or Job Order Contract) The written agreement between the City and the Contractor. Application for Payment The form accepted by Project Manager which is to be used by Contractor in requesting progress or final payment and which is to include such supporting documentation as is required by the Contract Documents. Bonds Performance and payment bonds and other instruments of security. Contract Administrator The authorized representative of the City who is assigned immediate charge of the administration of the Job Order Contract. Contract Documents All of the documents constituting the Contract. Contractor The individual, firm, partnership, corporation or combination thereof with whom City has entered into the Contract. City The City of Edmonds. Depending on the context, the term City may also include all of the City’s elected officials, officers, employees and other authorized representatives 8.9.b Packet Pg. 126 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 15 of 103 Day Unless otherwise designated in the Contract Documents, a calendar day of twenty-four (24) hours measured from midnight to the next midnight. Defective An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to Project Manager’s recommendation of final payment. Drawings The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by Project Manager assigned to the Job order and which are referred to in the Detailed Scope of Work. Effective Date of the Contract Federally Funded Job Order Federal Contract Clauses The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver. A Job Order designated by the City as federally funded, in which case the Job Order includes the Federal Contract Clauses. The current federal contract clauses determined by the City to be applicable to a Federally Funded Job Order. 8.9.b Packet Pg. 127 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 16 of 103 Field Order A written order issued by Project Manager which orders minor changes in the Work in accordance with section 10.1.5, but which does not involve a change in the Price or the Completion Time. Final Completion Occurs when all requirements have been completed as stated in section 2.3 and Article 12. Final Payment The payment to be made to the Contractor in accordance with Article 12. Hazardous Materials The term “Hazardous Materials” means any hazardous or toxic substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table 49 CFR 172.101 or listed by the Environmental Protection Agency as hazardous substances in 40 CFR Part 302 and any amendments thereto, and any substances, materials or wastes that are or become regulated under federal, state or local law. Hazardous Materials or substances shall also include, but not be limited to: regulated substances, petroleum products, pollutants, and any and all other environmental contamination as defined by, and in any and all federal. State and/or local laws, rules, regulations, ordinances or statutes now existing or hereinafter enacted relating to air, soil, water, environmental or health and safety conditions. Inspector The City’s authorized representative assigned to make inspections of the Contractor’s performance of the Work. Liquidated Damages The amount prescribed herein to be paid to the City, or to be deducted from any payments due or to become due the Contractor, for each day’s delay in completing the whole or any specified portion of the work beyond the time allowed in the Job Order. At the sole discretion of the City, liquidated damages will be assessed, if at all, on a Job Order-by-Job Order basis. For each calendar day that the Detailed Scope of Work for a Job Order shall remain incomplete after the Job Order Completion Time, the amount per calendar day specified in following table, Schedule of Liquidated Damages, will be deducted from any money due the Contractor, not as a penalty but as liquidated damages; provided however that due account shall be taken of any adjustment of the Job Order Completion Time as provided for elsewhere in this Contract. 8.9.b Packet Pg. 128 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 17 of 103 Value of Job Order Liquidated Damages $0 to $10,000 $100/Day $10,001 to $50,000 $250/Day Over $50,000 $500/Day Notice of Intent to Award The written notice by City identifying the highest ranked Proposers and indicating that the City intends to award a contract to that Proposer(s) or enter into negotiations with such Proposer(s). 8.9.b Packet Pg. 129 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 18 of 103 Notice to Proceed A written notice given by City to Contractor fixing the date on Which the start of Work will commence and on which Contractor shall start to perform its obligation within the completion time under the Contract Documents. Payment Bond The form of security approved by the City, furnished by the Contractor and its surety guaranteeing the complete and faithful payment of all labor, material, equipment, and any other services provided to the Work. Performance Bond The form of security approved by the City, furnished by the Contractor and its surety guaranteeing the complete and faithful performance of the construction of the Work as specified in the Contract Documents. Plans The concept or mental formulation for the Work. The plans may be represented graphically by drawings, by the written words within the Contract Documents, or both. City Furnished Materials or Equipment Materials or equipment furnished by the City which is to be incorporated into the Work by the Contractor. 8.9.b Packet Pg. 130 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 19 of 103 Product Data The illustrations, standard schedules, performance charts, brochures, diagrams, and other information furnished by the Contractor to illustrate a material, product, or system. Project The collective improvements to be constructed by the Contractor pursuant to issuance of a Job order. A Project will consist of one Job order and any Supplemental Job Orders issued. Project Manager The authorized representative of the City who is assigned immediate charge of the work of the project. Proposal The offer or proposal of the Contractor submitted in response to the City’s Request For Proposal for the selection of Contractor(s). Usually referred to as the Contractor’s Proposal. Proposer Any individual, firm, partnership, corporation or combination thereof formally submitting a proposal for the work contemplated, or any portion thereof, acting directly or through an authorized representative. Provide The all-inclusive actions required to furnish, install, connect, adjust, test, and make ready for use or occupancy. Punch List Shall have the meaning set forth in Article 12. RFP The Request for Proposal issued by the City for the selection of the Contractor(s). Samples Physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Schedule of Prices Means the Unit Prices set forth in the Contract Documents. Shop Drawings All drawings, diagrams, illustrations, brochures, standard schedules, performance charts, instructions, and other data which are specifically prepared by Contractor, a Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of the Work, material or equipment. Specifications Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, performance requirements and workmanship as applied to the Work and certain administrative details applicable thereto. 8.9.b Packet Pg. 131 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 20 of 103 Subcontractor An individual, firm, or corporation having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the site. Sub-Subcontractor A Sub-Subcontractor is a business entity that has an agreement with a Subcontractor to perform a portion of the Work. The term Sub-Subcontractor means and includes the Sub-Subcontractor at all tiers. Substantial Completion The Work or a specified part thereof has progressed to the point where, in the opinion of Project Manager as evidenced by his/her certificate of Substantial Completion, the Detailed Scope of Work is sufficiently complete, in accordance with the Contract Documents, so that the Work or specified part can be utilized for the purposes for which it was intended; or if there be no such certificate issued, when final payment is due in accordance with section 12.4. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion. Supplementary Conditions That portion of the Contract Documents that amends or supplements these General Conditions. Supplier A vendor, supplier, distributor, or materialman other than the Prime Contractor, which supplies material or equipment used in the performance of the Work. 8.9.b Packet Pg. 132 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 21 of 103 Surety The company or association which is bound with and for the Contractor for the acceptable performance of the Contract and for its payment of all obligations arising out of the Contract Titles or Headings The titles or headings of the sections, divisions, parts, articles, paragraphs, or subparagraphs of the specifications are intended only for convenience of reference and shall not be considered as having any bearing on the interpretation of the text. Unit Prices The price published in the Construction Task Catalog® for a specific construction or construction related work task. Unit Prices for new Pre-priced Tasks can be established during the course of the Contract and added to the Construction Task Catalogs®. Each Unit Price is comprised of labor, equipment, and material costs to accomplish that specific Pre-priced Task. Work The entire completed project or the various separately identifiable parts required to be furnished in accordance with the Contract Documents. Work is the result of performing services, furnishing labor, and furnishing and incorporating materials and equipment into the project, all as required by the Contract Documents. 1.1.1 Job Order Contracting Specific Definition of Terms: Adjustment Factor A competitively bid adjustment to be applied to the unit prices listed in the Construction Task Catalog®. Also known as a “coefficient.” Base Term The initial period of the Contract and does not include any Option Terms. Construction Task Catalog® A comprehensive listing of construction related tasks together with a specific unit of measure and a published Unit Price. Detailed Scope of Work A document setting forth the work the Contractor is obligated to complete for a particular Job Order. Estimated Annual Value An estimate of the value of Job Orders that could be issued to the Contractor each year. Job Order A written order issued by the City, such as a Purchase Order, requiring the Contractor to complete the Detailed Scope of Work 8.9.b Packet Pg. 133 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 22 of 103 within the Job Order Completion Time for the Order Price. A project may consist of one or more Job Orders with one or more Supplemental Job Orders. [Job Order] CompletionTime The time within which the Contractor must complete the Detailed Scope of Work. [Job Order] Price The value of the approved Job Order Price Proposal and the amount the Contractor will be paid for completing a Job Order. [Job Order] Price Proposal A price proposal prepared by the Contractor that includes the Pre-priced Tasks, Non-Prepriced Tasks, quantities and appropriate Adjustment Factors required to complete the Detailed Scope of Work. Job Order Proposal A set of documents including at least: (a) Job Order Price Proposal; (b) required drawings or sketches; (c) list of anticipated Subcontractors and Materialmen; (d) Construction schedule; and (e) other requested documents. Joint Scope Meeting A site meeting to discuss the work before the Detailed Scope of Work is finalized. Minimum Contract Value The minimum value of Job orders that the Contractor is guaranteed the opportunity to perform under this Contract. Non-Prepriced Task A task that is not set forth in the Construction Task Catalog®. Normal Working Hours (General Facilities) Includes the hours from 7:00 a.m. to 4:00 p.m. Monday through Friday, except for City Holidays in Facilities classified as General by the City of Edmonds. Normal Working Hours (Secured Facilities) Includes the hours from 7:00 a.m. to 4:00 p.m. Monday through Friday, except for City Holidays in Facilities classified as Secured by the City of Edmonds. Notice to Proceed A written notice issued by the City directing the Contractor to proceed with construction activities to complete the Job Order. Option Term An additional period of time beyond the Contract Term which extends the termination date of the Contract. 8.9.b Packet Pg. 134 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 23 of 103 Other than Normal Working Hours (General Facilities) Includes the hours of 4:01 p.m. to 6:59 a.m., Monday to Friday and all day Saturday, Sunday, and City Holidays in Facilities classified as General by the City of Edmonds. Other than Normal Working Hours (Secured Facilities) Includes the hours of 4:01 p.m. to 6:59 a.m., Monday to Friday and all day Saturday, Sunday, and City Holidays in Facilities classified as Secured by the City of Edmonds. Proposal Criteria Figure The amount determined in the Proposal Criteria Figure Calculation section of the Price Proposal, which is used for the purposes of determining the lowest price. Pre-priced Task A task described in and for which a unit price is set forth in the Construction Task Catalog®. Request for Proposal A written request to the Contractor to prepare a Proposal for the Detailed Scope of Work referenced therein. Supplemental Job Order A secondary Job Order developed after the initial Job Order has been issued for the purpose of changing, deleting, or adding work to the initial Detailed Scope of Work, or changing the Job Order Completion Time. Technical Specifications The written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. Unit Price The price published in the Construction Task Catalog® for a specific construction or construction related work task. Unit Prices for new Pre-priced Tasks can be established during the course of the Contract and added to the Construction Task Catalogs®. Each Unit Price is comprised of labor, equipment, and material costs to accomplish that specific Pre-priced Task. Work All materials, labor and use of tools, equipment, and services necessary by the Contractor and/or Subcontractor to complete the Job Order. 8.9.b Packet Pg. 135 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 24 of 103 1.2 Definitions/Abbreviations AAR Association of American Railroads ACI American Concrete Institute AISC American Institute of Steel Construction ANSI American National Standards Institute APA American Plywood Association API American Petroleum Institute ARA American Railway Association AREA American Railway Engineering Association ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWS American Welding Society COS City of Edmonds CPM Critical Path Method of Project Scheduling CRSI Concrete Reinforcing Steel Institute FAA Federal Aviation Administration FHWA Federal Highway Administration FM Factory Mutual FS Federal Specification FTA Federal Transit Administration IEEE Institute of Electrical and Electronics Engineers ISO Insurance Service Office JIC Joint Industrial Council NAAMM National Association of Architectural Metal Manufacturers NBFU National Board of Fire Underwriters NEC National Electrical Code NEMA National Electrical Manufacturer's Association NESC National Electrical Safety Code NIOSH National Institute of Occupational Safety and Health NFPA National Fire Protection Association OFCCP Office of Federal Contract Compliance Programs OSHA Occupational Safety and Health Act 8.9.b Packet Pg. 136 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 25 of 103 PCA Portland Cement Association PSCAAPCA Puget Sound Clean Air Pollution Control Agency SAE Society of Automotive Engineers SMACNA Sheet Metal and Air Conditioning Contractors National Association SSPC Steel Structures Painting Council SWI Steel Window Institute UFC Uniform Fire Code UL Underwriter's Laboratory WISHA Washington Industrial Safety & Health Act Administration END ARTICLE 1 8.9.b Packet Pg. 137 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 26 of 103 ARTICLE 2 PRELIMINARY MATTERS 2.1 City Operations The City is an operating facility which will continue in full operation throughout the term of this Contract. Where facility operations conflict with those of the Contractor, the operations of the facility will take precedence over those of the Contractor. It shall be the sole responsibility of the Contractor to schedule and coordinate its activities with those of the facility to assure minimum disruption of facility operations. 2.2 Starting the Job Order (Notice to Proceed) The Contractor shall show evidence that work has commenced on the Job Order within seven (7) days from the effective date of the Notice to Proceed. Work in this case is not limited to physical work at the project site. Work started prior to the effective date stated in the Notice to Proceed shall be at the Contractor's risk. 2.3 Job Order Completion Time 2.3.1 The Job Order Completion Time will commence to run on the effective date stated in the Notice to Proceed. The City Contract Administrator will transmit an executed copy of the Job Order to the Contractor as well as a Notice to Proceed. 2.3.2 The Job Order Completion Time is that period of time allotted in the Job Order, as adjusted, for the Contractor to achieve Substantial and/or Final Completion of the Detailed Scope of Work. 2.3.3 The term “day” as used in the Contract Documents shall mean a calendar day unless otherwise specifically designated. 2.3.4 Substantial Completion occurs when the City can use the Work for the use for which it is intended, and when all required documentation has been properly submitted to the City in accordance with the Job Order. Such documentation shall include but is not necessarily limited to: a. Maintenance and Operations manuals; b. Warranties; and c. Submittals required by the Specifications. 2.3.5 Final Completion occurs when all requirements of the Job Order and Contract Documents have been properly and completely fulfilled including but not limited to: a. Completion of re-inspection and City approval of all Punch List items; b. Submittal of final invoice and approval by the Contract Administrator and Project Manager; c. Submittal of all properly completed as-built record drawings; and d. Submittal of any other documents required by the Job Order. 8.9.b Packet Pg. 138 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 27 of 103 2.3.6 Final Acceptance is the formal action of the City accepting the Work as complete. 2.3.7 Progress and Completion a. All time limits stated in the Job Orders are of the essence of this Contract. b. The Contractor shall begin the Work on the date indicated in the Notice to Proceed and shall diligently prosecute the Work with adequate equipment and forces in order to bring the Work to completion within the Job Order Completion Time. 2.4 Extension of Time Any extension of Job Order Completion Time must have the written approval of the Project Manager/City and must conform to the procedures set forth in Article 10.4. 2.5 Before Starting Work 2.5.1 Before undertaking each part of the Work, the Contractor shall carefully study and compare the Detailed Scope of Work and check and verify pertinent figures shown thereon and all applicable field measurements. The Contractor shall promptly report in writing to the Project Manager any conflict, error or discrepancy which the Contractor may discover; however, the Contractor shall not be liable to the City for failure to report any conflict, error or discrepancy in the Detailed Scope of Work, Drawings or Specifications, unless the Contractor had actual knowledge thereof or should reasonably have known thereof. 2.5.2 If requested, within five (5) days after the effective date of the Notice to Proceed and prior to start of Work (unless otherwise specified in the General Requirements), the Contractor shall submit to the Project Manager for review a preliminary Schedule of the Values of the work. Each bid item shall be broken down to its basic elements. The cost breakdown for both lump sum and unit price estimates shall include: a. Labor; b. Materials; c. Equipment; d. Overhead, profit and taxes; e. Other factors; f. Time required. 2.5.3 If requested, within ten (10) days after the effective date of the Notice to Proceed and prior to start of Work, unless otherwise specified in the General Requirements, the Contractor is to submit to the Project Manager for review an estimated Progress Schedule indicating the starting and completion dates of the various stages of the Work and a Preliminary Schedule of Shop Drawings submissions. The Schedule should include a bar chart. The Contractor may use a commercial scheduling program such as the “Microsoft Project” or equal. All submissions of schedule 8.9.b Packet Pg. 139 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 28 of 103 information to the Project Manager or other City representatives are to be provided in hard copy format and electronic format. 2.6 Preconstruction Conference Within seven (7) days after the effective date of the Job Order, but before the Contractor starts the Work at the site, unless otherwise specified in the Contract Documents, a conference will be held with the Contractor, Project Manager, Contract Administrator and others as determined by the Project Manager for review of the schedules to establish procedures for handling Shop Drawings and other submittals, for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. END ARTICLE 2 8.9.b Packet Pg. 140 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 29 of 103 ARTICLE 3 CONTRACT DOCUMENTS: INTENT, CORRELATION, EXECUTION OF AND OWNERSHIP OF CONTRACT DOCUMENTS 3.1 Intent 3.1.1 The Contract Documents comprise the entire Contract between the City and the Contractor concerning the Work. 3.1.2 The Detailed Scope of Work is complementary; what is called for by one is as binding as if called for by all. 3.1.3 It is the intent of the Detailed Scope of Work to describe a complete Project or part thereof or performance requirements to be completed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the Detailed Scope of Work and the Contractor’s Price Proposal as being required to produce the intended result shall be supplied whether or not it is specifically called for. Words, which have a well-known technical or trade meaning and are used to describe Work, materials or equipment, shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code in effect at the time of Price Proposal Submittal or on the effective date of the Job Order. However, no provision of any referenced standard specification, manual or code whether or not specifically incorporated by reference in the Detailed Scope of Work shall change the duties and responsibilities of the City or the Contractor, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Detailed Scope of Work shall be issued by the Project Manager as provided for in section 9.2. 3.2 Correlation of the Contract Documents 3.2.1 Each Contract Document is an essential part of the Contract between the City and the Contractor. The Contract Documents are intended to be complementary and prescribe and provide for all Work required by the Job Orders. Anything mentioned in the Specifications and not shown in the Detailed Scope of Work, or shown in the Drawings and not mentioned in the Specifications, shall be of like effect as if shown or mentioned in both. Any Work, materials or equipment that has not been specifically included in the Detailed Scope of Work but which is reasonably required to produce the intended result shall be provided by the Contractor as though it had been specifically included. 3.2.2 If there are discrepancies between the various Contract Documents, Specifications shall govern over Conditions and Drawings, Drawings shall govern over Conditions, larger scale drawings shall govern over smaller scale drawings, Supplementary Conditions shall govern over General Conditions, computed dimensions shall govern over scaled dimensions, and specific descriptions shall govern over general ones. 8.9.b Packet Pg. 141 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 30 of 103 3.2.3 In the event of a conflict between the Detailed Scope of Work or the Contract Documents and applicable laws, codes, ordinances, regulations or orders of governmental authorities having jurisdiction over the Work or any portion thereof, or in the event of any conflict between such applicable laws, codes, ordinances, regulations, or orders, the most stringent requirements of any of the above shall govern and be considered as a part of this Contract in order to afford the City the maximum benefits thereof. 3.3 No Warranties by the City 3.3.1 No information derived from inspection of records or reports of investigation concerning the Work or conditions at the site(s) of the Work made or provided by the City will in any way relieve the Contractor from its responsibility for properly performing its obligations under the Contract Documents. Such records and reports are provided solely for the convenience of the Contractor with no warranties whatsoever, express or implied, by the City. Such records and reports are not part of the Contract Documents. The Contractor shall make its own conclusions and interpretations from the data supplied, information available from other sources, and the Contractor’s own observations. 3.3.2 The Contract Documents will be governed by the laws of the State of Washington. END ARTICLE 3 8.9.b Packet Pg. 142 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 31 of 103 ARTICLE 4 PHYSICAL CONDITIONS AND REFERENCE POINTS 4.1 Unforeseen Physical Conditions The Contractor shall promptly notify the Project Manager in writing of any latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Detailed Scope of Work. The Project Manager will promptly review those conditions. If the Project Manager finds that there are latent physical conditions which differ materially from those intended in the Detailed Scope of Work, the Project Manager will prepare a Supplementary Job Order incorporating modifications to plans and specifications as necessary to proceed with and complete the Work. END ARTICLE 4 8.9.b Packet Pg. 143 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 32 of 103 ARTICLE 5 BONDS AND INSURANCE 5.1 Performance Bond The Contractor shall furnish a duly executed Performance Bond upon a form provided by the City within ten (10) calendar days following receipt of the Notice of Award. The Bond shall be executed by a licensed surety which is registered with the Washington State Insurance Commissioner and the surety’s name shall appear in the current Authorized Insurance Company List for the State of Washington published by the Office of the Insurance Commissioner, and must be approved by the U.S. Department of Treasury as evidenced by a listing in the Federal Register. In addition, the surety must be rated “A-, FSC (6)” or higher by A.M. Best Rating Guide. The penal amount of the bond shall be in an amount equal to the amount stated in the Proposal Requirements and conditioned upon the faithful performance of the Contract by the Contractor. If the Surety on any Performance Bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in the state of Washington, or it ceases to meet the requirements as stated above, the Contractor shall within five (5) days thereafter substitute another Bond and Surety. The City reserves the right to approve or reject any substitute Bond and Surety. The Performance Bond will initially be in the penal sum equal to Two Million Dollars ($2,000,000). In the event the parties agree to exercise the option to extend the Contract, or if the cumulative amount of Work issued and not yet completed and accepted exceeds such amount, the Contractor shall deliver a new Performance Bond or a rider as required by the City. Additionally, the Contractor shall also provide a signed “Letter of Bondability” stating that the Contractor is able to bond to the possible increased Contract Value of Four Million Dollars ($4,000,000). For a Federally Funded Work Order, the Contractor may be required to submit an additional performance bond in accordance with the applicable Federal Contract Clauses. 5.2 Payment Bond The Contractor shall also furnish a duly executed Payment Bond upon a form provided by the City, within ten (10) calendar days following receipt of the Notice of Award. The Bond shall be executed by a licensed surety which is registered with the Washington St ate Insurance Commissioner and the surety’s name shall appear in the current Authorized Insurance Company List in the State of Washington published by the Office of the Insurance Commissioner, and must be approved by the U.S. Department of Treasury as evidenced by a listing in the Federal Register. In addition, the surety must be rated “A-, FSC (6)” or higher by A.M. Best Rating Guide. The penal amount of the bond shall be in the amount stated in the Proposal Requirements and conditioned upon the payment by the Contractor to all laborers, mechanics, Subcontractors, suppliers, and all persons who shall supply fo r the performance of the Work covered by this Contract. If the Surety on any Payment Bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in the state of Washington, or 8.9.b Packet Pg. 144 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 33 of 103 it ceases to meet the requirements as stated above, the Contractor shall within five (5) days thereafter substitute another Bond and Surety. The City reserves the right to approve or reject any substitute Bond and Surety. The Payment Bond will initially be in the penal sum equal to Two Million Dollars ($2,000,000). In the event the parties agree to exercise the option to extend the Contract, or if the cumulative amount of Work issued and not yet completed and accepted exceeds such amount, the Contractor shall deliver a new Payment Bond or a rider as required by the City. Additionally, The Contractor shall also provide a signed “Letter of Bond ability” stating that the Contractor is able to bond to the possible increased Contract Value of Four Million Dollars ($4,000,000). For a Federally Funded Work Order, the Contractor may be required to submit an additional payment bond in accordance with the applicable Federal Contract Clauses. 5.3 Contractor's Liability Insurance 5.3.1 The Contractor shall purchase and maintain such commercial general liability and other insurance as will provide protection from claims set forth below which may arise out of or result from the Contractor's performance of the Work and the Contractor's other obligations under the Contract Documents, whether such performance is by the Contractor, by any Subcontractor, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. a. Commercial General Liability Insurance on an Occurrence Basis in an amount not less than Two Million Dollars ($2,000,000) per occurrence and at least Five Million Dollars ($5,000,000) in the annual aggregate, including but not limited to: 1. Bodily Injury Liability; 2. Property Damage Liability (to include explosion, collapse and underground); 3. Blanket Contractual Liability; 4. Premises/Operations (including off-site operations); 5. Broad Form Property Damage Liability; 6. Products: Completed Operations Liability; 7. Personal Injury Liability; 8. Liability for Property of Others in the Care, Custody and Control of the Contractor. Claims Covered: The Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of the Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 8.9.b Packet Pg. 145 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 34 of 103 3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. Form and Content: The Contractor’s commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three (3) years after final payment. b. The Contractor shall furnish the City and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three (3) years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of the Contractor’s contractual indemnity obligations in Section 6.32 (“Indemnification”). 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent. Commercial General Liability Insurance shall be written on Insurance Services Office (“ISO”) occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products- completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named an insured under the Contractor’s Commercial General Liability insurance policy with respect to the Work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. b. Comprehensive Automobile Liability Insurance: The Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liab ility policy shall be written on an occurrence basis. The Contractor shall provide proof of insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence, including but not limited to: 1. Bodily Injury Liability; 2. Property Damage Liability; 3. Personal Injury Liability; 4. Owned and Non-Owned Auto Liability; 5. Hired and Borrowed Auto Liability. 8.9.b Packet Pg. 146 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 35 of 103 Comprehensive Automobile Liability Insurance covering all owned, non -owned, hired and leased vehicles as well as employee vehicles utilized in performance or the Work or at the Work site shall be provided. Coverage shall be written on ISO form CA 00 01 or a substitute form providing equivalent liability coverage. The insurance policy shall be endorsed to provide contractual liability coverage. c. Worker’s Compensation as required by Washington law and Employer’s Liability Insurance (Stop Gap) with limits not less than One Million Dollars ($1,000,000) per occurrence. If the City authorizes sublet work, the Contractor shall require each subcontractor to provide Worker’s Compensation Insurance for its employees, unless the Contractor covers such employees. The Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance for: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act coverage (if applicable); 3. claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees (by stop-gap endorsement in monopolist worker’s compensation states); and 4. Foreign voluntary worker compensation (if applicable). The Contractor shall comply with the following conditions and procure and keep in force during the term of this Contract, at the Contractor’s own cost and expense, the policies of insurance with companies authorized to do business in the State of Washington, which are rated at least “A” or better and with a numerical rating of no less than VII, by A.M. Best Company and which are acceptable to the City. The Contractor’s insurance coverage shall be primary insurance as respect to the City. Any insurance, self-insurance or other coverage maintained by the City shall be for the protection of the City and excess to the Contractor’s insurance and shall not contribute with it. The above liability policies shall be endorsed to contain a provision that the policy shall not be canceled or materially changed without thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of the Contractor to furnish the required insurance during the term of this Contract. The Insurer or his/her agent will furnish to the Contract Administrator upon request, prior to any Work being performed, a copy of any policy cited above, certified to be a true and complete copy of the original. The Contractor shall provide the Contract Administrator, prior to any Work being performed, a Certificate of Insurance and additional insured endorsement(s) acceptable to the City Attorney evidencing the above-required insurance(s) and naming the City of Edmonds, its officers, employees and agents as Additional Insureds on the Commercial General Liability Insurance policy and the Business Automobile Liability Insurance policy with respect to the operations performed and services provided under this Contract ; and that such insurance shall apply as primary insurance on behalf of such Additional Insureds. The City shall be named as an Additional Insured by endorsement using ISO Form CG 2010 or equivalent. Receipt by the City of any certificate showing less coverage than required is not a waiver of the Contractor’s obligations to fulfill the requirements. 8.9.b Packet Pg. 147 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 36 of 103 5.3.2 Contractor’s Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, the Contractor’s employee owned tools, machinery, equipment or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers or subcontractors as well as to any temporary structures, scaffolding and protective fences. 5.3.3 General Provisions a. The City and the Contractor shall obtain and maintain insurance as required in this Section and in the Supplementary Conditions. b. All insurance required by the Contract to be purchased and maintained by the City or the Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. c. The Contractor shall deliver to the City, with copies to each named insured and additional insured (as identified in this Section, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that the Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by the City or any other insured, the Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. The Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. d. The City shall deliver to the Contractor, with copies to each named insured and additional insured (as identified in this Section, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that the City has obtained and is maintaining the policies, coverages, and endorsements required of the City by the Contract (if any). Upon request by the Contractor or any other insured, the City shall also provide other evidence of such required insurance (if any), including bu t not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. The City may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. e. Failure of the City or the Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of the City or the Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance. f. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. g. If the Contractor has failed to obtain and maintain required insurance, the City may exclude the Contractor from the site, impose an appropriate set-off against payment, and exercise the City’s termination rights under Article 13. 8.9.b Packet Pg. 148 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 37 of 103 h. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. i. The City does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect the Contractor or the Contractor’s interests. j. The insurance and insurance limits required herein shall not be deemed as a limitation on the Contractor’s liability under the indemnities granted to the City and other individuals and entities in the Contract. k. General provisions: The policies of insurance required by this Paragraph 5.3.3 shall: i. include at least the specific coverages provided in this Article; ii. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater; iii. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least ten (10) days prior written notice has been given to the Contractor. Within three (3) days of receipt of any such written notice, the Contractor shall provide a copy of the notice to the City and each other insured under the policy; iv. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when the Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the site to conduct other tasks arising from the Contract Documents; and v. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from the Contractor’s performance of the Work and the Contractor’s other obligations under the Contract Documents, whether it is to be performed by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. vi. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. Umbrella or excess liability: The Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry - standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. Contractor’s pollution liability insurance: The Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from the Contractor’s operations and completed operations. This insurance shall be maintained for no less than three (3) years after final completion. Additional insureds: The Contractor’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds the City and the Engineer, and any individuals or entities identified in the Supplementary 8.9.b Packet Pg. 149 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 38 of 103 Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provid e primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. The Contractor shall obtain all necessary endorsements to support these requirements. Contractor’s professional liability insurance: If the Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then the Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two (2) years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by the Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. 5.3.4 City’s Liability Insurance a. In addition to the insurance required to be provided by the Contractor under Paragraph 5.3.3, the City, at the City’s option, may purchase and maintain at the City’s expense the City’s own liability insurance as will protect the City against claims which may arise from operations under the Contract Documents. b. The City’s liability policies, if any, operate separately and independently from policies required to be provided by the Contractor, and the Contractor cannot rely upon the City’s liability policies for any of the Contractor’s obligations to the City, the Engineer, or third parties. 5.3.5 Property Insurance a. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions and on a Job Order by Job Order basis as required by the City, the Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: i. include the City and the Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder’s risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 5.3.5 and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as “insureds.” ii. be written on a builder’s risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth 8.9.b Packet Pg. 150 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 39 of 103 movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to the City and the Contractor. iii. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including City- furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. iv. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). v. extend to cover damage or loss to insured property while in temporary storage at the site or in a storage location outside the site (but not including property stored at the premises of a manufacturer or Supplier). vi. extend to cover damage or loss to insured property while in transit. vii. allow for partial occupation or use of the Work by the City, such that those portions of the Work that are not yet occupied or used by the City shall remain covered by the builder’s risk insurance. viii. allow for the waiver of the insurer’s subrogation rights, as set forth below. ix. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. x. not include a co-insurance clause. xi. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. xii. include performance/hot testing and start-up. xiii. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by the City, until the Work is complete. b. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.3.5 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least ten (10) days prior written notice has been given to the purchasing policyholder. Within three (3) days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. 8.9.b Packet Pg. 151 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 40 of 103 c. Deductibles: The purchaser of any required builder’s risk or property insurance shall pay for costs not covered because of the application of a policy deductible. d. Partial Occupancy or Use by the City: If the City will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 12.4 and 12.5, then the City (directly, if it is the purchaser of the builder’s risk policy, or through the Contractor) will provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those port ions of the Work that are occupied or used by the City may come off the builder’s risk policy, while those portions of the Work not yet occupied or used by the City shall remain covered by the builder’s risk insurance. e. Additional Insurance: If the Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 5.3.5, it may do so at the Contractor’s expense. f. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by the Contractor, a Subcontractor, or an employee of the Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. The Contractor certifies that it is aware of the provisions of Title 51 of the Revised Code of Washington which requires every employer to be insured against liability of Workers’ Compensation, or to undertake self-insurance in accordance with the provisions of that Title. The Contractor shall comply with the provisions of Title 51 of the Revised Code of Washington before commencing the performance of any Work. The Contractor shall provide the Contract Administrator with evidence of Workers’ Compensation Insurance (or evidence of qualified self-insurance) before any Work is commenced. In case of breach of any provision of this section, the City may, at its option and with no obligation to do so, provide and maintain at the expense of the Contractor, such types of insurance in the name of the Contractor, and with such insurers, as the City may deem proper, and may deduct the cost of providing and maintaining such insurance from any sums which may be found or become due to the Contractor under this Contract or may demand the Contractor to promptly reimburse the City for such cost. 5.4 Contractor Pollution Liability 5.4.1 If a Job Order requires Contractor Pollution Liability, the successful Contractor(s) will be required to provide Contractor Pollution Liability with minimum limits of liability of not less than One Million Dollars ($1,000,000) per claim or occurrence and Two Million Dollars ($2,000,000) aggregate per policy period of one (1) year. 8.9.b Packet Pg. 152 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 41 of 103 If the Contractor Pollution Liability coverage is written on a claims -made form: a. The retroactive date must be shown and must be before the date of the Contract or the start of Work; b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Work; c. If coverage is canceled or non-renewed and not replaced with another claims- made policy form with a retroactive date prior to the Contract Date the Contractor must purchase an extended period coverage for a minimum of five (5) years after the completion of the Work; d. A copy of the claims reporting requirements must be submitted to the City for review. 5.5 Waiver of Rights 5.5.1 All policies purchased in accordance with Paragraph 5.3.5, expressly including the builder’s risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against the Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. The City and the Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against the Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by the City or the Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. 5.5.2 The City waives all rights against the Contractor, Subcontractors, and the Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for: a. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to the City’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by the City; and b. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by the City during partial occupancy or use, after Substantial Completion, or after final payment. 8.9.b Packet Pg. 153 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 42 of 103 c. Any insurance policy maintained by the City covering any loss, damage or consequential loss referred to in Paragraph 5.5.2(b) shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against the Contractor, Subcontractors, or the Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. 5.5.3 The Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against the City, the Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder’s risk insurance and any other property insurance applicable to the Work. 5.6 Receipt and Application of Property Insurance Proceeds 5.6.1 Any insured loss under the builder’s risk and other policies of insurance required by Paragraph 5.3.5 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within fifteen (15) days after notice of such claim. 5.6.2 Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 5.3.5 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. 5.6.3 If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Supplemental Job Order, if needed. END ARTICLE 5 8.9.b Packet Pg. 154 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 43 of 103 ARTICLE 6 CONTRACTOR'S RESPONSIBILITIES 6.1 Examination of the Site of Work and Detailed Scope of Work By submitting a Job Order Proposal for a Job Order, the Contractor represents that it has carefully examined and investigated the site(s) of the Work, including material site(s), and the Detailed Scope of Work. The submission of its Job Order Proposal shall be conclusive evidence that the Contractor represents and acknowledges that it has made such examinations and investigations and is satisfied as to the conditions to be encountered in the performance of the Work, including the character, quantity, quality, and Detailed Scope of the Work, safety precautions to be undertaken, the quantities and qualities of materials to be supplied, and equipment and labor to be used, the requirements of the Detailed Scope of Work and how all such requirements correlate to the conditions at the site(s) of the Work. The Contractor shall determine from careful examination of the Detailed Scope of Work and the site of the Work, the methods, materials, labor, and equipment required to perform the Work in full, and the Contractor shall reflect the same in its Proposal. 6.2 Error, Inconsistency, Omission or Variance in the Contract Documents The Contractor shall promptly report to the Project Manager and/or the Contract Administrator any error, inconsistency, omission, or variance from applicable laws, statutes, codes, ordinances, or regulations which it discovers in the Detailed Scope of Work . If the Contractor promptly reports such discovery prior to commencement of any portion of the Work affected by any such error, inconsistency, omission, or variance, the Contractor shall not be liable to the City for damage resulting from such error, inco nsistency, omission, or variance. If, however, the Contractor fails either to carefully study and compare the Detailed Scope of Work, or to promptly report the discovery of any error, inconsistency, omission, or variance known or believed by the Contractor to exist, the Contractor shall assume full responsibility therefore and shall bear all costs, liabilities and damages attributable to such error, inconsistency, omission, or variance. 6.3 Supervision 6.3.1 The Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Detailed Scope of Work. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of Work. The Contractor shall be responsible to see that the finished Work complies accurately with the Detailed Scope of Work. 6.3.2 The Contractor will provide a competent resident supervisor who understands the contract and the task being performed to continuously oversee the contract work. The supervisor will not be replaced without written notice to the Project Manager except under extraordinary circumstances. The supervisor will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the supervisor shall be as binding as if given to the Contractor. 8.9.b Packet Pg. 155 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 44 of 103 a. Any supervisor who repeatedly fails to follow the Project Manager’s written or oral orders, directions, instructions, or determinations, or who has proven to be incompetent, careless, or negligent shall be subject to removal from the Work site. Upon the written request of the Project Manager or the Contract Administrator, the Contractor shall immediately remove such supervisor and name a replacement in writing. 6.3.3 The Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform the Work as required by the Detailed Scope of Work. The Contractor shall at all times maintain good discipline and order at the site. 6.3.4 Non-compliance with the Project Manager’s request to remove and replace personnel at any level shall be grounds for terminating the Contract under the terms of Article 13. 6.3.5 The Contractor shall be fully responsible to the City for the acts or omissions of its employees, agents, Subcontractors, Sub-Subcontractors, suppliers, and their agents and employees, and all other persons who are to perform any of the Work. 6.3.6 The Contractor may not assign any portion of this Contract without the City’s prior written consent. 6.4 Labor, Materials, and Equipment 6.4.1 The Contractor shall furnish all materials, equipment, labor, transportation, equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4.2 All materials and equipment shall be of good quality and new, except as otherwise provided in the Detailed Scope of Work. If required by the Project Manager, the Contractor shall furnish satisfactory evidence (including reports or required tests) as to the kind and quality of materials and equipment. 6.4.3 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents. 6.4.4 For equipment and materials that are permanently incorporated in the Work, the Contractor will provide to the Project Manager all Owners Manuals and Operating Instructions furnished by the equipment or material manufacturer. 8.9.b Packet Pg. 156 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 45 of 103 6.5 Equivalent Materials and Equipment, "or Equal" 6.5.1 Whenever materials or equipment are specified or described in the Detailed Scope of Work, Drawings, Construction Task Catalog® or Specifications by using the name of a proprietary item or the name of a particular manufacturer, fabricator, supplier or distributor, the naming of the item is intended to establish the type, function, and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers or distributors may be accepted by the Project Manager if sufficient information is submitted by the Contractor to allow the Project Manager to determine that the material or equipment proposed is equivalent to that named. The procedure for review by the Project Manager will be as set forth in Section 6.5.2 below as supplemented in the General Requirements. 6.5.2 Requests for review of substitute items of material and equipment will not be accepted by the Project Manager from anyone other than the Contractor. If the Contractor wishes to furnish or use a substitute item of material or equipment, the Contractor shall make written application to the Project Manager for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified, and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the Work will require a change in the Drawings or Specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require the Contractor to furnish at the Contractor's expense additional data about the proposed substitute. The Project Manager will be the sole judge of acceptability, and no substitute will be ordered or installed without the Project Manager's prior written acceptance. The City may require the Contractor to furnish at the Contractor's expense a special performance guarantee or other surety with respect to any substitute. 6.6 Disposal of Demolished Materials 6.6.1 Waste material is defined as all material from demolition or other source that is unsuitable to, or in excess of, the needs of the Work or material that is designated for removal and disposal off of City property. All waste materials shall become the property of the Contractor. Materials containing substances classified as hazardous, potentially hazardous, infectious, toxic, or dangerous under applicable Local, State and/or Federal regulations shall be handled and disposed of as directed by applicable regulations, the Detailed Scope of Work and/or the Contract Documents. 8.9.b Packet Pg. 157 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 46 of 103 Proof of proper disposal of substances classified as hazardous, potentially hazardous, infectious, toxic, or dangerous is required by the City. 6.6.2 The Contractor is solely responsible for the lawful managing and disposal of waste material and shall indemnify, defend and hold the City harmless from all liability, damages, claims, lawsuits, penalties and expenses, whether direct, indirect or consequential including but not limited to attorney's and consultant's fees and other expenses of litigation or arbitration arising from or in any way connected with, the demolition, removal or disposal of materials, except as specified for hazardous materials. 6.6.3 The value of waste materials, if any, shall be reflected in the total Job Order price. 6.6.4 During the course of the Work, if the Contractor encounters site materials that it believes may be hazardous, potentially hazardous, infectious, toxic, or dangerous, the Contractor will immediately notify the Project Manager and the Contract Administrator. 6.6.5 The City will retain title to all hazardous waste presently on-site encountered during demolition and removal. This does not include hazardous materials generated by the Contractor, such as used motor oils, lubricants, cleaners, etc. The Contractor shall dispose of such hazardous waste according to the Detailed Scope of Work and the Contract Documents, following local, State, and Federal regulations. The City of Edmonds will be shown as the hazardous waste generator and will sign all hazardous waste shipment manifests for non-contractor generated hazardous wastes. Nothing contained within these Contract Documents shall be construed or interpreted as requiring the Contractor to assume the status of the City or generator of hazardous waste substances for non-contractor generated hazardous wastes. 6.6.6 The Contractor shall follow all Environmental Protection Agency (EPA) and all other regulations regarding reporting the disposal of all materials. 6.7 Subcontractors and Sub-Subcontractors 6.7.1 Mandatory Criteria: As required by RCW 39.06.020 and 39.04.350(1), all subcontractors must satisfy all of the following criteria: • At the time of bid submittal, have a certificate of registration in compliance with Chapter 18.27 RCW; • Have a current state unified business identifier number; • If applicable, have Industrial Insurance coverage for the bidder’s employees working in Washington as required in Title 51 RCW; an Employment Security Department number as required in Title 50 RCW; and a state excise tax registration number as required in Title 82 RCW; and • Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 8.9.b Packet Pg. 158 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 47 of 103 • If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington State Apprenticeship and Training Council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under Chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation; and 6.7.2 The Contractor shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom the Project Manager may have reasonable objection. Acceptance of any Subcontractor, other person or organization by the City or the Project Manager shall not constitute a waiver of any right of the City to reject defective Work. If the City after due investigation has reasonable objection to any Subcontractor other person or organization proposed by the Contractor after the issuance of the Job Order, the Contractor shall submit an acceptable substitute. The Contractor shall not be required to employ any Subcontractor, other person or organization against whom the Contractor has reasonable objection. 6.7.3 The Contractor shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that the Contractor is responsible for the acts and omissions of persons directly employed by the Contractor. Nothing in the Contract Documents shall create any contractual relationship between the City or any contractor or other person or organization having a direct contract with the Contractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any contractor or other person or organization, except as may otherwise be required by law. The City may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the Contractor on account of specific Work done. 6.7.4 All Work performed for the Contractor by a Subcontractor will be pursuant to an appropriate agreement between the Contractor and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the City. The City reserves the right to obtain copies of any Subcontractor and supplier agreements at any tier from the Contractor. 6.7.5 The Contractor will pay Subcontractors, in accordance with its contractual obligations to such parties, all the amounts the Contractor has received from the City on account of their work. The Contractor will impose similar requirements on Subcontractors to pay those parties with whom they have contracted. 6.8 Patent Fees and Royalties 6.8.1 The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any 8.9.b Packet Pg. 159 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 48 of 103 invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product , or device is specified in the Detailed Scope of Work for use in the performance of the Work and if to the actual knowledge of the City its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by the City in the Job Order. The Contractor shall indemnify and hold harmless the City and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Detailed Scope of Work, and shall defend all such claims in connection with any alleged infringement of such rights. 6.9 Laws and Regulations 6.9.1 The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work. If the Contractor observes that the Specifications or Drawings are at variance therewith, the Contractor shall give the Project Manager prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any Work knowing or having reason to know that it is contrary to such laws, ordinances, rules and regulations, and without such notice to the Project Manager, the Contractor shall bear all costs arising therefrom; however, it shall not be the Contractor's primary responsibility to make certain that the Detailed Scope of Work, Specifications and Drawings are in accordance with such laws, ordinances, rules and regulations. 6.10 Taxes 6.10.1 The Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the law of the State of Washington. All taxes are considered to be included in the Adjustment Factors. 6.11 Use of Premises 6.11.1 The Contractor shall confine equipment, the storage of materials and equipment and the operations of workmen to areas permitted by the City, and shall not unreasonably encumber the premises with equipment or other materials. 6.11.2 During the progress of the Work, the Contractor shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Work. At the completion of the Work, the Contractor will remove all waste materials, rubbish, and debris from and about the premises as well as all tools, appliances, equipment and machinery, and surplus materials. The Contractor will leave the site clean and ready for occupancy by the City and restore to original condition any portions of the site not designated for alteration by the Detailed Scope of Work. 8.9.b Packet Pg. 160 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 49 of 103 6.11.3 The Contractor will not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor will the Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents 6.12.1 The Contractor shall keep one (1) record copy of all Specifications, Drawings, Addenda, modifications, Shop Drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These will be available to the Project Manager and the Contract Administrator for examination and shall be delivered to the Project Manager for the City upon completion of the Work before final payment is made. 6.13 Safety and Protection 6.13.1 The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and provide the necessary protection to prevent damage, injury or loss to: a. All employees on the Work and other persons who may be affected thereby; b. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and c. Other property at the site or adjacent thereto, including vegetation, walks, pavements, roadways, structures, and utilities not designated for removal, relocation or replacement in the course of construction. It will be the Contractor’s responsibility to protect the Work and repair any damages to the Work until after Final Acceptance, as defined in Article 12, has been achieved. 6.13.2 The Contractor will comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and will erect and maintain all necessary safeguards for such safety and protection. The Contractor will notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by the Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the City or the Project Manager or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor). The Contractor’s duties and responsibilities for the safety and protection of the Work will continue until such time as all the Work is completed and the Project Manager has issued a notice to the Contractor in accordance with these General Conditions that the Work is acceptable. 8.9.b Packet Pg. 161 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 50 of 103 6.13.3 The Contractor shall designate a responsible member of its organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's supervisor unless otherwise designated in writing by the Contractor to the City. 6.14 Emergencies 6.14.1 In emergencies affecting the safety or protection of persons, Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Project Manager, is obligated to act to prevent threatened damage, injury or loss. The Contractor will give the Project Manager and the Contract Administrator prompt written notice of any significant changes in the Work or deviations from the Detailed Scope of Work caused thereby. 6.15 Shop Drawings and Samples 6.15.1 After checking and verifying all field measurements, the Contractor will submit Shop Drawings to the Project Manager for review and approval, as specified in the Job Order. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction and like information to enable the Project Manager to review the information as required. 6.15.2 The Contractor will promptly submit to the Project Manager for review and approval all samples required by the Job Order. All samples will have been checked by and stamped with the approval of the Contractor, identified clearly as to material, manufacturer, any pertinent catalog numbers, and the use for which intended. 6.15.3 At the time of sample and drawings submissions, any identified deviations from the Detailed Scope of Work will be called , in writing, to the Project Manager's attention. 6.15.4 The Project Manager will review Shop Drawings and samples within fifteen (15) days, but the Project Manager's review and approval shall be only for conformance with the design concept of the Project and for compliance with the information given in the Detailed Scope of Work and will not extend to means, methods, sequences, techniques , or procedures of construction or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. The Contractor will make any corrections required by the Project Manager and return the required number of corrected copies of Shop Drawings and resubmit new samples for review and approval. The Contractor will direct specific attention in writing to revisions other than the corrections called for by the Project Manager on previous submittals. The Contractor's stamp of approval on any Shop Drawing or sample shall constitute a representation to the City and the Project Manager that the Contractor has either determined and 8.9.b Packet Pg. 162 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 51 of 103 verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or assumes full responsibility for doing so, and that the Contractor has reviewed or coordinated each Shop Drawing or sample with the requirements of the Detailed Scope of Work and the Contract Documents. 6.15.5 Where a Shop Drawing or sample is required by the Job Order, no related Work shall be commenced until the submittal has been reviewed and approved by the Project Manager. 6.16 Continuing the Work 6.16.1 The Contractor shall carry on the Work and maintain the progress schedule during all disputes or disagreements with the City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the Contractor and the City may otherwise agree in writing. 6.17 Warranties 6.17.1 All Work will be of good quality, free from fault or defect, and in strict accordance with the requirements of the Detailed Scope of Work. Any Work not conforming to the foregoing warranty, including unapproved or unauthorized substitutions, shall be considered defective. 6.17.2 All Subcontractors’, Sub-Subcontractors’, manufacturers', and Suppliers' warranties and guarantees, expressed or implied, respecting any part of the Work and all materials used therein shall be obtained and enforced by the Contractor for the benefit of the City without the necessity of separate transfer or assignment thereof. When directed by the Project Manager or required by the Contract Documents, the Contractor shall require that Subcontractors, Sub-Subcontractors, manufacturers, and Suppliers execute separate warranties and guarantees in writing directly to the City. Warranty provisions which purport to limit or alter the City’s rights under the Contract Documents are null and void. 6.17.3 The Contractor warrants that title to all Work, materials, and equipment covered by a request for a progress payment or final payment will pass to the City either by incorporation in the Work or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances. The Contractor further warrants that no Work, materials, or equipment covered by a request for a progress payment or final payment will have been acquired by the Contractor, or by any other person performing Work at the project site or furnishing materials and equipment for the project, which Work, materials, or equipment are subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller of the same or is otherwise imposed by the Contractor or other person. 8.9.b Packet Pg. 163 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 52 of 103 6.18 Not Used 6.19 Progress Schedule 6.19.1 Within ten (10) days after the effective date of the Notice to Proceed and prior to start of Work unless otherwise specified in the Job Order, the Contractor will prepare and submit a Progress Schedule in a form satisfactory to the Project Manager. Failure to submit a proposed Progress Schedule within the allowed time will not constitute grounds for an extension of the Job Order Completion Time. 6.19.2 The Progress Schedule will consist of a network analysis of the Critical Path Method (CPM) in arrow diagram form showing an activity description, cost, and calendar day duration for all significant design, manufacturing, construction, and installation activities. An activity list will be included with each copy of the Progress Schedule. 6.19.3 Within thirty (30) calendar days after receipt, the City will review, add comments, and return three (3) copies of the Progress Schedule to the Contractor. Review by the City of the proposed Progress Schedule does not constitute an approval of the Contractor’s construction means, methods, sequences, or schedule. 6.19.4 The Progress Schedule shall outline the proposed operations, the interrelations of the various operations, and the order of performance in sufficient detail that progress of the Work can be evaluated accurately at any time during the performance of the Work. If abbreviations are used in the make-up of the Progress Schedule, a legend is to be provided to define all abbreviations. 6.19.5 If milestone completions are required by the Job Order, then those milestones are to be clearly defined on the Progress Schedule. 6.19.6 Should it become evident that the Contractor may fail to meet the scheduled dates as shown, the Project Manager may require the Contractor to submit a recovery schedule demonstrating its proposed plan to make up lag in scheduled progress and to ensure completion of the Work within the Job Order Completion Time. The Contractor, upon request, will be required at the Contractor’s own expense to submit a revised Progress Schedule and to increase the Contractor’s work force and working hours (second and third shifts) as required to bring the actual completion dates of the activities into conformance with the Progress Schedule. Further, the Contractor will submit a revised Progress Schedule at no cost to the City when, in the opinion of the Project Manager, the Contractor’s sequence of Work varies significantly from that shown on the Progress Schedule. The City reserves the right to withhold progress payments until such time as an approved modified Progress Schedule in a form satisfactory to the Project Manager has been provided by the Contractor. 8.9.b Packet Pg. 164 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 53 of 103 6.19.7 Failure of the Contractor to substantially comply with the requirements of this section may be considered grounds for a determination by the City that the Contractor is failing to prosecute the Work with such diligence as will ensure its completion within the time specified, and to take whatever action the City deems necessary and appropriate under the terms of the Contract Documents. 6.20 On-Site Documents 6.20.1 The Contractor is to maintain at the Project site, in good order for ready reference by the Project Manager, one (1) complete record copy of the Detailed Scope of Work, including changes in the Work, Field Orders, and all working drawings, Progress Schedule, and other approved submittals. 6.20.2 The Job Order record drawings are to be marked to truly record all changes made during construction, i.e., the "as-built" conditions. The Project’s record drawings are to be updated on a weekly basis and before elements of the Work are covered or hidden from view. After the completion of the Work or portions of the Work and before requesting final inspection, the record copy of the Drawings will be given to the Project Manager. 6.21 Working Drawings, Product Data, Samples, and Other Submittals 6.21.1 The Contractor will review and submit all working drawings, product data, samples and other items required to be submitted to the City accompanied by a "shop drawing multi-transmittal" form. Such submittals will be given to the City in a complete and final form at least thirty (30) days prior to any Contractor need for review response or such other longer time that may be needed to allow time for detailed review by the City or others. The Contractor should allow sufficient time for the possibility of rejection of the submittal, needed revisions, and resubmittal review time. 6.21.2 By submitting working drawings, product data, and samples, the Contractor represents that it has determined and verified all materials, field measurements, and related field construction criteria are in accordance with the Detailed Scope of Work, and that the Contractor has checked and coordinated the information contained within the submittal with the requirements of the Detailed Scope of Work. The costs incurred by the City to review resubmitted working drawings, product data, and samples may be offset from any monies due the Contractor when the Contractor has failed to comply with this Subsection. 6.21.3 Review and approval by the City of the Contractor’s working drawings, product data, or samples does not relieve the Contractor of responsibility for the accuracy of dimensions and details. Likewise, any review and comments do not relieve the contractor from complying with every requirement of the Job Order drawings and specifications unless the Contractor has called written attention to any deviations contained in the submittal and these deviations have been reviewed and accepted. By omission of any feature, capability, or part of any item submitted, the 8.9.b Packet Pg. 165 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 54 of 103 Contractor implies that these missing features, capabilities , or parts will be furnished exactly as required by the Job Order documents. Review and approval shall not constitute acceptance by the City of the correctness or adequacy of such submittals, nor shall it constitute a representation or warranty by the City that the drawings will satisfy the requirements of the Job Order. The review of a specific item shall not indicate approval of an assembly in which the item functions. The City's review or approval of a submittal shall not relieve the Contractor from responsibility for errors or omissions in the submittals. 6.21.4 Any Work delayed by reason of a properly rejected submittal is deemed to be entirely the Contractor’s risk and will not be the basis for a claim by the Contractor for additional compensation or an extension of Job Order Completion Time. Drawings marked "subject to change" or the like will not be reviewed. The City is not required to review submittals that depend for their review on other submittals not yet submitted. 6.21.5 When resubmitting a submittal, the Contractor is to direct specific attention, in writing or on the resubmittal itself, to all revisions it has made. 6.21.6 No portion of the Work requiring submittal of a working drawing, product data, or sample is to be commenced until the submittal has been approved by the City as provided in these General Conditions. All portions of the Work involving submittals shall be performed in accordance with the approved submittals. 6.21.7 As-Built Drawings: If the Contractor is provided, or prepares, drawings as part of the Detailed Scope of Work, then as the Detailed Scope of Work progresses the Contractor shall keep a complete and accurate record of changes to, and deviations from, such drawings. The As-Built Drawings will be created in the same medium (paper, electronic) in which they were originally prepared. 6.22 Cutting, Fitting and Patching of Work 6.22.1 The Contractor will be responsible for all cutting, fitting, patching, or such other altering as may be required to complete the Work, or to make its several parts fit together properly. 6.22.2 The Contractor will not damage or endanger any portion of the Work, other work of the City, or that of any separate contractor(s) by cutting, fitting, patching or other altering of any work, or by excavation. The Contractor will not alter any of the work of the City or any separate contractor without written authorization from the City. 6.23 Inspection of the Work 6.23.1 The Project Manager or authorized representative shall have the right but not the obligation to inspect the Work, and to reject and refuse all labor and materials or methods of application, or any part thereof, which does not comply in kind, quality or material with the requirements of the Detailed Scope of Work. Any labor or material rejected, as not conforming to the Contract Documents shall be promptly removed. Labor and materials which do so conform will be furnished and 8.9.b Packet Pg. 166 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 55 of 103 delivered in place thereof; and if the Contractor refuses or neglects to remove such rejected material or to rebuild any such rejected Work, or otherwise correct the defects as the Project Manager directs, the City may obtain, use and employ materials, labor, tools, and implements to do the same and the expense thereof will be deducted from moneys which may otherwise be due or become due to the Contractor. 6.24 Uncovering of Work 6.24.1 If any portion of the Work should be covered prior to inspection called for by law or as required by the Contract Documents, the Contractor will, upon request of the Project Manager, uncover or remove the Work for inspection by the Project Manager or other governmental representatives, and replace the Work to the standard required by the Detailed Scope of Work, all at the Contractor’s expense. 6.24.2 If any other portion of the Work has been covered or completed, the Contractor will, upon the request of the Project Manager, remove or uncover such Work for the Project Manager's observation. The Contractor will subsequently restore that portion of the Work to the standard required by the Detailed Scope of Work at no additional costs to the City. 6.25 Correction of Work 6.25.1 The Contractor will, at no additional expense to the City, promptly correct all Work which is defective or otherwise fails to conform to the requirements of the Detailed Scope of Work. Such Work is to be corrected even though it was previously inspected by the City, payment for it was included in a progress payment, whether or not it was completed, and whether or not it was observed before or after the date of Substantial Completion. 6.25.2 If, within one (1) year after Substantial Completion of the Work or within such longer period of time as may be prescribed by law or by the terms of any applicable additional warranty required by the Job Order, any of the Work is found to be defective or otherwise not in conformance with the Detailed Scope of Work, the Contractor will, at its cost, promptly correct such defective or non- conforming Work after receipt of written notice from the City. The obligation of this subsection shall survive termination of the Contract. 6.25.3 If the Contractor refuses or neglects to correct the defects as directed by the Project Manager, the City may obtain, use, and employ materials, labor, tools and implements to do the same and the expense thereof shall be deducted from moneys which may otherwise be due or become due to the Contractor or the City. If the Contractor fails to promptly correct defective or non -conforming Work, the City may correct it as provided in section 6.25, or may terminate this Contract. 6.25.4 Work corrected by the Contractor pursuant to section 6.25 will also be subject to the provisions of this section to the same extent as Work originally performed and for an additional one-year period commencing upon City acceptance of corrected work. 8.9.b Packet Pg. 167 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 56 of 103 6.25.5 Nothing contained in this section is to be construed to establish a period of limitation with respect to any other obligation imposed on the Contractor by the Contract Documents or law, including the obligations imposed by section 6.17. The establishment of the time period of one year after the date of Final Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Job Order relates only to the specific obligation of the Contractor to correct defective or non-conforming Work, and bears no relationship to the time within which the Contractor’s obligation to comply with the Job Order may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to obligations imposed on it by the Contract Documents or as otherwise may exist in law. 6.25.6 The City may, at its sole option, elect to retain defective or nonconforming Work. In such case, the Contractor will reduce the Job Order Price in a reasonable amount to account for such defect or non-conformance. 6.26 Responsibility for Work 6.26.1 All Work performed under the Contract and all materials to be incorporated in the Work, whether in storage or on the Project site and whether under the care, custody and control of the Contractor, Subcontractor, or Sub -Subcontractor, shall be at the sole risk of loss and responsibility of the Contractor until Final Completion of the entire Project, except as may be limited by the Project Manager in writing for the period following Substantial Completion of the Work or designated portion thereof as provided in section 12.4. Damage from any cause to either permanent or temporary Work, utilities, materials, equipment, existing structures, the Project site, and other property owned by the City or others, shall be repaired by the Contractor to the satisfaction of the Project Manager at no additional cost to the City. At no time during the execution of this Contract shall the Contractor direct City staff or City agents to assist in the execution of the Work. 6.27 Hazardous Materials 6.27.1 The Contractor will comply with WAC 296-901 Global Harmonized System for Hazard Communication; and provide proper communications with personnel to prevent injury or illness. 6.27.2 The Contractor will take the following precautions to lessen the possibility of exposure to any hazardous material(s): • Notify all Subcontractors and/or suppliers of any Hazardous Materials that may be on site; • Label any Hazardous Materials brought on site as to contents, hazard warning, name and address of manufacturer; • Provide the following written information to the Project Manager prior to commencement of Work: 1. A list of Hazardous Materials to be used during the construction phase of the 8.9.b Packet Pg. 168 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 57 of 103 Work along with appropriate Material Safety Data Sheets. 2. A list of any Hazardous Materials that have been incorporated into the Project and will remain on site, along with the Material Safety Data Sheets. 6.27.3 The Contractor is not to cause or permit any Hazardous Material(s), as defined herein, to be brought upon, kept, or used in or about the job site except to the extent such Hazardous Materials are necessary for the prosecution of the Work or are required pursuant to the Contract Documents. Removal of such Hazardous Materials will be undertaken within twenty-four (24) hours following the City’s demand for such removal. Removal will be undertaken by the Contractor at its sole cost and expense and will be performed in accordance with all applicable laws. Any damage to the Work, the job site or any adjacent property resulting from the improper use, or any discharge or release of Hazardous Materials, will be remedied by the Contractor at its sole cost and expense, and in compliance with all applicable laws. The Contractor will immediately notify the City of any release or discharge of any Hazardous Materials on the job site. The Contractor will be responsible for making any and all disclosures required under applicable "Community Right-to-Know" laws. The Contractor will not clean or service any tools, equipment, vehicles, materials , or other items in such a manner as to cause a violation of any laws or regulations relating to Hazardous Materials. All residue and waste materials resulting from any such cleaning or servicing will be collected and moved from the job site in accordance with all applicable laws and regulations. The Contractor will immediately notify the City of any citations, orders, or warnings issued to or received by the Contractor, or of which the Contractor otherwise becomes aware, which relate to any Hazardous Materials on the job site. Without limiting any other indemnification provisions pursuant to law or specified in this Contract, the Contractor will indemnify, defend at the Contractor's sole cost with legal counsel approved by the City and hold the City harmless from and against any and all such claims, demands, losses, damages, disbursements, liabilities, obligations, fines, penalties, costs, and expenses in removing or remediating the effect of any Hazardous Materials on, under, from or about the job site, arising out of or relating to, directly or indirectly, the Contractor's failure to comply with any of the requirements of Section 6.27. 6.28 Clean-up 6.28.1 At all times, and as may specifically be requested by the Project Manager, the Contractor will clean-up and remove all refuse resulting from the Work in order that the Project site remains free from an accumulation of construction debris. Upon failure to do so within twenty-four (24) hours after request by the Project Manager, such clean-up Work may be done by the City and the cost be charged to the Contractor and deducted from the Job Order Price. 6.28.2 Upon completion of the Work and before final inspection, the Contractor will clean the entire Work premises occupied or used in connection with the Work of all rubbish, surplus and discarded materials, false work, temporary structures, equipment, and debris. The entire Work premises shall be left in a clean, neat, and 8.9.b Packet Pg. 169 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 58 of 103 presentable condition. The Contractor will not remove warning, regulatory, or guide signs prior to Final Completion except as requested by the Project Manager. 6.29 Protection of Work During Suspension 6.29.1 In preparation for and during any suspension of Work as provided in section 13.1, the Contractor will take every precaution to prevent damage to, or deterioration of, the Work. Except as provided elsewhere in the Job Order, the Contractor will be responsible for all damage or deterioration to the Work during the period of suspension and shall, at its sole expense, correct or restore the Work to a condition acceptable to the Project Manager prior to resuming Work. A suspension of Work will not relieve the Contractor of any of its responsibilities under the Job Order. 6.30 Notice and Detailed Breakdown of Claim 6.30.1 Notice. If unforeseen conditions or changes in the Work arise for which the Contractor believes an equitable adjustment in time or money or any other adjustment in Job Order Completion Time or Job Order Price is or will be due, the Contractor will give the City immediate oral notice followed by written notice within seven (7) calendar days of such event. In all events, notice must be given and the Project Manager’s direction received prior to performing the Work which the Contractor believes entitles it to such adjustments. Notice must identify in detail the basis for the claim. The date such written notice is received by the City shall define the start of time for any purpose regarding the claim. 6.30.2 Detailed Breakdown. Within thirty (30) calendar days of the City’s receipt of the written notice above, the Contractor is to provide the City with a written breakdown of all of the elements and sub elements of the claim detailing the increase in the Job Order Completion Time and/or Job Order Price being sought. 6.30.3 If the Contractor fails to satisfy the requirements of this section, the Contractor will be deemed to have waived all rights to assert the claim against the City. 6.30.4 Unless otherwise directed by the City, the Contractor shall continue performance under this Contract while matters in dispute are being resolved. 6.30.5 For Federally Funded Job Orders, the requirements in this Section 6.30 are in addition to any claim requirements in the Federal Contract Clauses. 6.31 Prerequisite to Suit No legal action against the City may be filed on account of a claim or other liability arising out of or related to Work unless: a. The requirements of section 6.30 have been complied with; and b. The lawsuit is filed and served on the City within one hundred eighty (180) days of the date of Substantial Completion. The Contractor’s failure to strictly comply with all requirements of this section shall be a complete bar to any claims, suits, or causes of action against the City. 8.9.b Packet Pg. 170 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 59 of 103 For Federally Funded Job Orders, the requirements in this Section 6.31 are in addition to any claim requirements in the Federal Contract Clauses. 6.32 Indemnification 6.32.1 The Contractor shall defend, indemnify and hold harmless the City and its agents from all liability, claims, damages, losses and expenses, whether direct, indirect or consequential (including, but not limited to , attorneys’ and consultants’ fees and other expenses of litigation or arbitration) arising out of the performance of the Work, which is caused, or alleged to be caused, in whole or in part, by any negligent act or omission of the Contractor (which for the purposes of this Article 6.32 shall include the Contractor and all of its Subcontractors, Sub- Subcontractors, Suppliers, agents, any other person directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable); provided, however, that where such liability, claim, damage, loss or expense arises from the concurrent negligence of (1) the City or its agents, and (2) the Contractor, it is expressly agreed that the Contractor’s obligations of indemnity under this section shall be effective only to the extent of the Contractor’s negligence. Such obligations shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any person or entity described in this section. This section shall not be construed so as to require the Contractor to defend, indemnify, or hold harmless the City from suc h claims, damages, losses or expenses caused by or resulting from the sole negligence of the City or its agents. 6.32.2 In any and all claims against the City or its agents, the indemnification obligation of Article 6.32.1 above shall not be limited in any way to the extent of insurance coverage described in Articles 5.3 and 5.4 of the General Conditions, or by articles, which apply to insurance coverage, of the Supplementary Conditions, or by any limitation on the amount or type of damages, compensation benefits payable by or for the Contractor under applicable workers’ compensation, benefit, or disability laws (including, but not limited to the Industrial Insurance laws, Title 51 of the Revised Code of Washington). The Contractor expressly waives any immunity the Contractor might have had under such laws with respect to the indemnities set forth in these General Conditions, and, by agreeing to enter this Contract, acknowledges that the foregoing waiver has been mutually negotiated by the parties. 6.32.3 For federally funded job orders, the following clause applies: No Federal Government Obligations to Third Parties (1) The City of Edmonds and the Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Gove rnment is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. 8.9.b Packet Pg. 171 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 60 of 103 (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. END ARTICLE 6 8.9.b Packet Pg. 172 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 61 of 103 ARTICLE 7 ADDITIONAL WORK AND WORK BY OTHERS 7.1 Additional Work 7.1.1 The City may perform additional work related to the Project by itself or let other direct contracts which may contain General Conditions similar to these. The Contractor shall afford the other contractors who are parties to such direct contracts (or the City, if the City is performing the additional work with City employees) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate its Work with theirs. 7.1.2 If any part of the Contractor's Work depends for proper execution or results upon the work of any such other contractor or the City, the Contractor shall inspect and promptly report to the Project Manager in writing any patent or apparent defects or deficiencies in such other work that render it unsuitable for such proper execution and results. The Contractor's failure so to report will constitute an acceptance of the other work as fit and proper for integration with the Contractor's Work except for latent or non-apparent defects and deficiencies in the other work. 7.1.3 The Contractor will do all Work required to make its several parts come together properly and integrate with such other work. The Contractor will not endanger any work of others by otherwise altering their work and will only alter their work with written consent of the Project Manager and the others whose work will be affected. 7.1.4 If the performance of additional work by other contractors or the City was not noted in the Detailed Scope of Work, written notice will be given to the Contractor prior to starting any such additional work. The City will coordinate and schedule any such additional Work not noted in the Detailed Scope of Work to avoid interference or conflict with ongoing or scheduled work by the Contractor. END ARTICLE 7 8.9.b Packet Pg. 173 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 62 of 103 ARTICLE 8 CITY'S RESPONSIBILITIES 8.1 Authority of the Project Manager 8.1.1 A Project Manager’s authority is specific to the Job Order to which he or she is assigned. 8.1.2 The Contract Administrator will exercise all authority of the Project Manager with respect to any and all Job Orders at any time. 8.1.3 The Contract Administrator will be the City's representative and shall administer all Contract Documents. With respect to a Job Order, Final Acceptance as provided for in Article 12 will be accomplished by the Project Manager. The Project Manager and the Contract Administrator have the authority to enforce all obligations imposed on the Contractor by the Contract Documents. 8.1.4 The Work will be performed in accordance with the Detailed Scope of Work and the Contract Documents. The Project Manager has the authority but not the obligation to reject Work that is defective or does not otherwise conform to the Detailed Scope of Work. 8.1.5 The Project Manager is not responsible for and will not have control or charge of the means, methods, techniques, sequences, or procedures of Work, or for safety precautions or programs incidental thereto, these being the sole responsibility of the Contractor. The Project Manager will not be responsible for or have any control or charge of the acts or omissions of the Contractor, Subcontractor, Sub - Subcontractor, Suppliers, or any of their agents or employees, or any other persons performing a portion of the Work. 8.1.6 The City will issue all communications to the Contractor through the Project Manager or the Contract Administrator, as determined. In case of termination of the employment of the Project Manager or the Contract Administrator, the City will appoint a replacement(s). 8.2 Administration of the Contract 8.2.1 Nothing in this Article or elsewhere in the Contract Documents shall be construed as requiring the Project Manager, the Contract Administrator, the Inspector, a consultant, or other representative of the City to direct or advise the Contractor as to the method or manner of performing the Work. No approval or advice given by the City as to the method or manner of performing the Work or procuring materials to be fu rnished will constitute a representation or warranty by the City that the result of such method or manner will conform to the Detailed Scope of Work or achieve the desired results. Such approval or advice will neither relieve the Contractor of any of its obligations under the Contract nor create any liability to the City on account of approval or advice. The Project Manager or the Inspectors may call to the attention of the Contractor defective Work or Work that does not conform otherwise to the Detailed Scope of Work. However, the failure of the 8.9.b Packet Pg. 174 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 63 of 103 Project Manager or the Inspectors to so inform the Contractor will not constitute approval or acceptance of such defective or non-conforming Work. 8.2.2 The presence of the Project Manager or the Inspector during the progress of any Work does not relieve the Contractor from responsibility for defects in the Work, nor does it bind the City in determining Final Completion of the Work. 8.2.3 Work done or material furnished which at any time is found not to conform to the requirements of the Contract Documents shall be at the Contractor’s risk and expense and shall furnish no basis for an increase in the Contract Sum or Contract Time, even though the Project Manager or the Inspector fails to reject such Work or material. 8.3 City's Right to Carry Out Other Work The City reserves the right at all times to perform or cause to be performed other and additional work on or near the site of the Project. Should such other or additional work or City operations be either underway or subsequently undertaken at or near the Project, the the Contractor will coordinate its activities with those of all other work forces and conduct its activities to avoid or minimize any conflict between the operations of the Contractor and those persons performing the other or additional work or operations. 8.4 Officers and Employees of the City Have No Personal Liability Neither the elected officials, Project Manager, Contract Administrator, Inspector, nor any other officer, employee or agent of the City shall be personally liable to the Contractor for any of their acts or omissions arising out of the Project. 8.5 Gratuities The Contractor will not extend any loan, gratuity, or gift of money or services in any form whatsoever to any employee or officer of the City or City consultant, nor will the Contractor rent or purchase any equipment, materials, or services from any employee or officer of the City or any City consultant. 8.6 Service of Notices on the Contractor Any written notice required under the Contract Documents to be given to the Contractor may, at the option of the City, be served on the Contractor by personal service, electronic or facsimile transmission, mail, or private courier delivery to the last address provided in writing to the City Project Manager and the Contract Administrator. For the purpose of measuring time in determining the parties' rights and obligations with respect to notice given pursuant to the Job Order and Contract Documents (other than that given by personal service), notice is conclusively presumed to be received by the Contractor on the next business day following the City's electronic or facsimile transmittal placing the notice in the U.S. mail or delivering it to the private courier. END ARTICLE 8 8.9.b Packet Pg. 175 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 64 of 103 ARTICLE 9 PROJECT MANAGER'S STATUS DURING WORK 9.1 City's Representative The Project Manager will be the City’s representative for a Job Order. The Project Manager and the City’s Contract Administrator will be identified to the Contractor prior to commencement of the Work. 9.2 Clarifications and Interpretations The Project Manager will issue with reasonable promptness such written clarifications or interpretations of the Detailed Scope of Work in the form of Drawings or otherwise as the Project Manager may determine necessary, which will be consistent with or reasonably inferable from the overall intent of the Detailed Scope of Work. If the Contractor believes that a written clarification or interpretation justifies an increase in the Job Order Price or Job Order Completion Time, the Contractor may make a claim as provided in Article 10. 9.3 Rejecting Defective Work The Project Manager will have authority to disapprove or reject Work which is defective, and will also have authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed or completed. 9.4 Not Used 9.5 Decisions on Disagreements 9.5.1 The Contract Administrator will be the initial interpreter of the Contract Documents while the Project Manager will be the initial interpreter of the requirements of the Job Order and judge of the acceptability of the Work. Additional disputes relating to the acceptability of the Work or the interpretation of the requirements of the Detailed Scope of Work or Contract Documents pertaining to the execution and progress of the Work shall be referred to the Contract Administrator in writing with a request for a formal decision in accordance with this section, which the Contract Administrator will render in writing within a reasonable time. Written notice of each such dispute shall be delivered by the claimant to the Contract Administrator within fifteen (15) calendar days of the occurrence after the event giving rise thereto, and written supporting data will be submitted to the Contract Administrator within forty-five (45) calendar days of such occurrence unless the Contract Administrator allows an additional period of time to ascertain more accurate data. 9.5.2 The rendering of a decision by the Contract Administrator pursuant to section 9.5.1 with respect to any such dispute (except any which have been waived by the making or acceptance of final payment as provided in section 12.8) will be a condition precedent to any exercise by the City or the Contractor of such rights or remedies as either may otherwise have under the Contract Documents or at law in respect of any such dispute. 8.9.b Packet Pg. 176 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 65 of 103 9.6 Limitations on Project Manager's Responsibilities 9.6.1 Neither the Project Manager's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by the Project Manager in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the Project Manager to the Contractor, any Subcontractor, any manufacturer, fabricator, supplier or distributor, or any of their agents or employees or any other person performing any of the Work. 9.6.2 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used, to describe a requirement, direction, review or judgment of the Project Manager as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents unless there is a specific statement indicating otherwise. The use of any such term or adjective never indicates that the Project Manager shall have authority to supervise or direct performance of the Work or authority to undertake responsibility contrary to the provisions of Sections 9.8.2 or 9.8.3. 9.6.3 The Project Manager will not be responsible for the Contractor’s means, methods, techniques, sequences or procedures of Work, or the safety precautions and programs incident thereto, and the Project Manager will not be responsible for the Contractor’s failure to perform the Work in accordance with the Detailed Scope of Work. 9.6.4 The Project Manager will not be responsible for the acts or omissions of the Contractor or of any Subcontractor, or of the agents or employees of the Contractor or any Subcontractor, or of any other persons at the site or otherwise performing any of the Work. 9.7 Not Used 9.8 Requests for Instruction 9.8.1 Due to the highly variable nature of the materials and facilities encountered within the site, the Contractor will require instructions from the Project Manager as new areas are uncovered or exposed by the Work in progress. In the event that the Contractor requests such instructions in order to comply with the Contract requirements, the Project Manager will provide the instructions in writing, within forty - eight (48) hours. During the 48-hour period, no additional payments will be made to the Contractor for equipment, labor, or any other item related to the request for instructions. 9.8.2 In addition, the requirements of the Detailed Scope of Work may be supplemented and minor variations and deviations in the work may be authorized, in one or more of the following ways: 8.9.b Packet Pg. 177 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 66 of 103 a. The Project Manager may authorize minor variations in the work from the requirements of the Detailed Scope of Work which do not involve an adjustment in the Job Order Price or Job Order Completion Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on the City, and also on the Contractor who shall perform the Work involved promptly. If the Contractor believes that a Field Order justifies an increase in the Job Order Price or an extension of the Job Order Completion Time and the parties are unable to agree as to the amount or extent thereof, the Contractor may make a claim as provided in Article 10. b. The Project Manager's approval of a Shop Drawing or sample. c. The Project Manager's written interpretation or clarification. END ARTICLE 9 8.9.b Packet Pg. 178 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 67 of 103 ARTICLE 10 CHANGES IN THE WORK 10.1 Changes to Contract Documents Non-Job Order Specific Contract Documents. Modification of the following Contract Documents after the effective date of the Contract requires a Contract amendment signed by an authorized representative of the Contractor and an authorized representative of the City: Contract, General Conditions, Supplementary Conditions, RFP and addenda thereto, Contractor’s Proposal, and the Construction Task Catalog®. Job-Order Specific Contract Documents. Modification of the following Contract Documents and requirements after the effective date of the Contract are to be signed by the Contract Administrator and the Project Manager: all Job Orders and Job-Order specific documents, including but not limited to the Detailed Scope of Work, Job Order Completion Time, Request for Proposal, Price Proposal, Job Order Proposal, Notice to Proceed, submittals, record documents, and all required close - out documentation and warranties. Any modification that increases/dec reases the Job Order Price must be signed by the Contract Administrator. 10.2 Change Order and Supplemental Job Order Changes to the Contract may be accomplished after execution of the Contract and without invalidating the Contract. The City, without invalidating the Job Order, may order changes in the Work by altering, adding to, or deducting from the Work, by issuing a Supplemental Job Order. All Supplemental Job Orders shall be developed and priced in accordance with the Procedures for Developing All Job Orders. Credits for Pre-priced and Non-Prepriced Tasks shall be calculated at the pre-set Unit Prices and multiplied by the appropriate Adjustment Factors. The result is that a credit for Tasks that have been deleted from the Detailed Scope of Work will be given at 100% of the value at which they were included in the original Job Order Price Proposal. All such Work shall be executed under the applicable conditions of the Contract Documents. The Project Manager may authorize minor changes in the Work that do not change the Job Order price, which are consistent with the overall intent of the Detailed Scope of Work. These may be accomplished by a Field Order and shall be binding on the City, and also on the Contractor who shall perform the change promptly. Additional Work performed without authorization of a Supplemental Job Order will not entitle the Contractor to an increase in the Job Order Price or an extension of the Job Order Completion Time. 8.9.b Packet Pg. 179 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 68 of 103 The Contractor may request a Supplemental Job Order to reflect modifications to the Work resulting from unforeseen site conditions. If the Project Manager determines that such unforeseen site conditions require a modification of the Work, the Project Manager will prepare a Supplemental Job Order for execution by the Contract Administrator incorporating such modifications as necessary to proceed with and complete the Work. The Contractor shall be responsible for reallocation of its work force wh en work cannot be continued in an area due to unforeseen conditions. In no event will the City reimburse the Contractor for charges caused by delays unless prior written authorization is provided by the City. 10.3 Job Order Price The Job Order Price constitutes the total compensation subject to authorized adjustments payable to the Contractor for performing the Detailed Scope of work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at its expense without change in the Job Order Price. Contractor Mobilization consists of preconstruction expenses and costs of preparatory work and operations performed by the Contractor that are not defined as a part of a payment item and are considered to be part of the Job Order Price. 10.4 Job Order Completion Time Any extension of Job Order Completion Time must have the written approval of the City and must conform to the procedures set forth herein. In event of delay in completion of the Work caused by acts of God, or public enemy, or another contractor in the performance of a contract with the City, or caused by fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or weather, the sole and exclusive remedy of the Contractor will be an equitable extension of time allowed for completion. Reasonable Delays. The Contractor should anticipate that some reasonable delays, including those caused by normal weather patterns, may occur. The Contractor shall not be entitled to any compensation, damages, or extension of the Contract Time for such reasonable delays. Excusable Delays. The Job Order Completion Time may be extended without compensation by the City for a period equivalent to the time that the Contractor was delayed in the Work by one or more of the following causes, beyond the control of the City and the Contractor, occurring during the performance of the Work: a. Fire or other casualty for which the Contractor is not at fault or otherwise responsible; b. Strike, riot, war, or civil disorder; c. Suspension of Work due to unusual and severe weather; d. Suspension of Work due to other unsuitable conditions in accordance with Article 13. 8.9.b Packet Pg. 180 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 69 of 103 Unreasonable Delays. Extensions of Job Order Completion Time, if any, will be determined by the Project Manager. Time extensions will be allowed only to the extent that completion of the Work is unreasonably delayed through no fault of the Contractor, which must in all cases unless otherwise determined by the Project Manager be substantiated by impact to the critical path on the Progress Schedule. Any extension of the Job Order Completion Time by the City will be set forth in writing, which shall specify the calendar days by which the Contract Time is to be increased. No extension of time shall be allowed for any claimed delay which is caused by or results from concurrent delay or the fault, negligence, or collusion of the Contractor or its Subcontractors, suppliers, or any others, or any of their acts or failure to act or to timely perform the Work according to the Contract. Failure to make timely submittals to the City, procure materials or workmen, or perform the Work in accordance with the requirements of the Detailed Scope of Work, or to adequately plan for such fun ctions will not be an adequate reason for an extension of the Job Order Completion Time. In no event shall the Contractor be entitled to loss or damage, including a change in Job Order Price for any delay in the Contractor’s prosecution of the Work, even if such delay is caused by the City, except to the extent such acts or omissions of the City result in a delay to the Project’s critical path, in which case the Contractor may receive an adjustment to the Job Order Price and/or an extension of the Job Order Completion Time. Any request for such cost shall be established and documented by the Contractor in detail to the satisfaction of the Project Manager. If the Contractor fails to fully comply with section 6.30, its claim for an extension of the Job Order Completion Time or adjustment to the Job Order Price on account of such claimed delay is waived. The Job Order Completion Time may only be changed by the City. Any request for an extension in the Job Order Completion Time shall be based on written notice delivered to the Project Manager and the Contract Administrator within fifteen (15) days of the occurrence of the event giving rise to the request. All requests for adjustment in the Job Order Completion Time shall be determined by the Contract Administrator if the Project Manager and the Contractor cannot otherwise agree. Any change in the Job Order Completion Time resulting from any such request shall be incorporated in a Field Order. The Job Order Completion Time will be extended in an amount equal to time lost due to delays beyond the control of the Contractor if a request is made therefore as provided in this Article 10. All time limits stated in the Job Orders and the Contract Documents are of the essence of the Contract. The provisions of this Article 10 shall not exclude recovery for damages including compensation for additional professional services for delay by either party. END ARTICLE 10 8.9.b Packet Pg. 181 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 70 of 103 ARTICLE 11 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.1 Warranty and Guarantee The Contractor warrants and guarantees to the City that all Work will be in accordance with the Detailed Scope of Work and will not be defective. Prompt notice of all defects shall be given to the Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 11. 11.2 Access to Work The Project Manager and the Project Manager's representatives, other representatives of the City, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspection and testing. The Contractor shall provide proper and safe conditions for such access. 11.3 Tests and Inspections 11.3.1 The Contractor will give the Project Manager a minimum of seven (7) days’ notice of readiness of the Work for all required inspections, tests or approvals. 11.3.2 If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any Work or part thereof to specifically be inspected, tested or approved, the Contractor will assume full responsibility, pay all costs in connection, and furnish the Project Manager with the required certificates of inspection, testing or approval. The Contractor will also be responsible for and pay all costs in connection with any inspection or testing required in connection with the City's or the Project Manager's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to the Contractor's purchase thereof for incorporation in the Work. The cost of all other inspections, tests and approvals required by the Contract Documents shall be paid by the City unless otherwise specified. 11.3.3 All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction will be performed by organizations acceptable to the City and the Contractor or by the Project Manager if so specified. 11.3.4 If any Work that is to be inspected, tested or approved is covered without written concurrence of the Project Manager, it must, if requested by the Project Manager, be uncovered for observation. Such uncovering shall be at the Contractor's expense unless the 8.9.b Packet Pg. 182 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 71 of 103 Contractor has given the Project Manager timely notice of the Contractor's intention to cover such Work and the Project Manager has not acted with reasonable promptness in response to such notice. 11.3.5 Neither observations by the Project Manager nor inspections, tests or approvals by others will relieve the Contractor from its obligations to perform the Work in accordance with the Detailed Scope of Work. 11.4 City May Stop the Work If the Work is defective, or the Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work will not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. 11.5 Correction or Removal of Defective Work If required by the Project Manager, the Contractor shall promptly, without cost to the City and as specified by the Project Manager, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by the Project Manager, remove it from the site and replace it with non-defective Work. 11.6 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, the City prefers to accept it, the City may do so. In such case, if acceptance occurs prior to the Project Manager's recommendation of final payment, a Supplemental Job Order shall be issued incorporating the necessary revisions in the Detailed Scope of Work, including appropriate reduction in the Price; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by the Contractor to the City. 11.7 City May Correct Defective Work If the Contractor fails within a reasonable time after written notice of the Project Manager to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by the Project Manager in accordance with section 11.5, or if the Contractor fails to perform the Work in accordance with the Contract Documents (including any requirements of the progress schedule), the City may, after seven (7) days' written notice to the Contractor, correct and remedy any such deficiency. In exercising its rights under this section the City shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, the City may exclude the Contractor from all or part of the site, take possession of all or part of the Work, and suspend the Contractor's services related thereto, take possession of the Contractor's tools, appliances, equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere. The 8.9.b Packet Pg. 183 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 72 of 103 Contractor shall allow the City and the City’s representatives, agents and employees such access to the site as may be necessary to enable the City to exercise its rights under this Section. All direct and indirect costs of the City in exercising such rights shall be charged against the Contractor in an amount verified by the Project Manager, and a Supplemental Job Order shall be issued incorporating the necessary revisions in the Detailed Scope of Work and a reduction in the Job Order Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's defective Work. The Contractor shall not be allowed an extension of the Job Order Completion Time because of any delay in performance of the Work attributable to the exercise by the City of the City's rights hereunder. END ARTICLE 11 8.9.b Packet Pg. 184 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 73 of 103 ARTICLE 12 PAYMENTS TO CONTRACTOR AND COMPLETION 12.1 Application for Progress Payment Unless otherwise specified in the General Requirements, the Contractor will submit Applications for Payment & Invoices to the Contract Administrator for review and approval following completion of each Job Order. Under no circumstances will the City pay Job Order Invoices more often than once a month. The Payment Application shall be accompanied by such supporting documentation as is required by the Contract Documents and also as the Contract Administrator reasonably requires. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Invoice shall also be accompanied by such data, satisfactory to the City, as will establish the City's title to the material and equipment and protect the City's interest therein, including applicable insurance. 12.2 Contractor's Warranty of Title The Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the City at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens"). 12.3 Review of Applications for Progress Payment 12.3.1 The Contractor Administrator and the Project Manager will, within ten (10) days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Invoice for payment, or return the Invoice to the Contractor indicating in writing reasons for refusing to recommend payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Application. Within thirty (30) days of receipt of a correct Invoice and with the Contract Administrator’s and the Project Manager's recommendations, pay the Contractor the invoiced amount. 12.3.2 Not Used 12.3.3 Not Used 12.3.4 The Project Manager may refuse to recommend the whole or any part of any payment if, in his/her opinion, it would be incorrect to make such representations to the City. He/she may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in the Project Manager's opinion to protect the City from loss because: a. the Work is defective, or completed Work has been damaged requiring correction or replacement; b. written claims have been made against the City or Liens have been filed in connection with the Work; 8.9.b Packet Pg. 185 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 74 of 103 c. the Job Order Price has been reduced because of Supplemental Job Order(s); d. The City has been required to correct defective Work or complete the Work in accordance with section 11.7; e. of the Contractor's unsatisfactory prosecution of the Work in accordance with the Detailed Scope of Work; f. the Contractor's failure to make payment to a Subcontractor, or for labor, materials or equipment; or g. of quantity adjustment or correction. 12.4 Substantial Completion 12.4.1 When the Contractor considers the entire Work ready for its intended use, the Contractor will certify in writing to the Project Manager that the entire Work is substantially complete and request that the Project Manager issue a Certificate of Substantial Completion. Within a reasonable time thereafter, the Contractor and the Project Manager will make an inspection of the Work to determine the status of completion. If the Project Manager does not consider the Work substantially complete, the Project Manager will notify the Contractor in writing giving his/her reasons. If the Project Manager considers the Work substantially complete, the Project Manager will prepare a Certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative “punch list” of items to be completed or corrected before final payment. A copy of the Certificate of Substantial Completion shall be forwarded to the Contract Administrator. 12.4.2 The City has the right to exclude the Contractor from the Work after the date of Substantial Completion, but will allow the Contractor reasonable access to complete or correct items on the punch list. 12.5 Partial Utilization Use by the City of completed portions of the Work may be accomplished prior to Substantial Completion of all the Work subject to the following: a. The City at any time may request in writing to the Contractor to permit the City to use any part of the Work which is believed to be substantially complete and can be used without significant interference with the other parts of the Work. If the Contractor agrees, the Contractor will certify to the City and the Project Manager that said part of the Work is substantially complete and request the Project Manager to issue a Certificate of Substantial Completion for that part of the Work. Within a reasonable time the City, Contractor and Project Manager will make an inspection of that part of the Work to determine its status of completion. If the Project Manager does not consider that part of the Work to be substantially complete, the Project Manager will notify the Contractor in writing giving his/her reasons. If the Project Manager considers that part of the Work to be substantially complete, the Project Manager will execute and deliver to the Contractor a certificate to that effect, fixing the date of Substantial Completion as to that part of the Work, attaching a tentative list (punch list) of items to be completed or corrected before final payment. The City will have the right to exclude the Contractor from any part of the Work which the Project Manager has so certified to 8.9.b Packet Pg. 186 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 75 of 103 be substantially complete, but will allow the Contractor reasonable access to complete or correct items on the tentative list. b. In lieu of the issuance of a Certificate of Substantial Completion as to part of the Work, the City may take over operation of a facility constituting part of the Work whether or not it is substantially complete if such facility is functionally and separately usable; provided that prior to any such takeover, the City and the Contractor have agreed as to the division of responsibilities between the City and the Contractor for security, operation, safety, maintenance, correction period, heat, utilities and insurance with respect to such facility. 12.6 Final Inspection Upon written notice from Contractor that the Work is complete, the Project Manager will make a final inspection with the Contractor and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 12.7 Final Application for Payment At the time of submission of its Final Application for Payment, the Contractor shall, unless otherwise determined by the Contract Administrator, provide the following information: 12.7.1 an affidavit for the Contractor confirming that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect the City’s interests; 12.7.2 a general release executed by the Contractor in a form acceptable to the City waiving, upon receipt of final payment by the Contractor, all claims, except those claims previously made in writing to the City and remaining unsettled at the time of final payment; 12.7.3 all operating manuals, warranties and other deliverables required by the Contract Documents; 12.7.4 if applicable, certified payrolls from the Contractor and all Subcontractors; 12.7.5 “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” from the Contractor and each Subcontractor filed with the City and the Department of Labor and Industries; and 12.7.6 Certification of Use or Deferred Sales Tax Paid or both, and if required by the City, other data establishing payment or satisfaction of obligations, including, but not limited to, receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the City. If a Subcontractor refuses to furnish a release or waiver required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 8.9.b Packet Pg. 187 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 76 of 103 12.8 Final Payment and Acceptance 12.8.1 If, on the basis of the Project Manager's observation of the Work during construction and final inspection, and the Contract Administrator and Project Manager's review of the final Application for Payment and accompanying documentation, the Project Manager is satisfied that the Work has been completed and the Contractor has fulfilled all of its obligations with regard to construction of the Project, the Project Manager will indicate approval of final payment by signing such invoice. The Contract Administrator will sign the final invoice as well and submit for final payment. The Project Manager will give written notice to the Contractor that the Work is acceptable subject to the provisions of Section 12.9. Otherwise, the Contract Administrator will return the Payment Application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance, the City will, within thirty (30) days after receipt, pay the Contractor. 12.8.2 Payment will be made to the Contractor only for those portions of the work that have been fully completed and accepted. 12.9 Contractor's Continuing Obligation The Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by Project Manager, nor the issuance of a Certificate of Substantial Completion, nor any payment by the City to the Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by the City, nor any act of acceptance by the City nor any failure to do so, nor the issuance of a notice of acceptability b y the Project Manager pursuant to section 12.8, nor any correction of Defective Work by the City shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of the Contractor's obligation to perform the Work in accordance with the Contract Documents. 12.10 Waiver of Claims The making and acceptance of final payment sha ll constitute the Contractor’s waiver of all claims by the Contractor against the City other than those previously made in writing and still unsettled. END ARTICLE 12 8.9.b Packet Pg. 188 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 77 of 103 ARTICLE 13 SUSPENSION OF WORK AND TERMINATION 13.1 Suspend the Work The City may, at any time and without cause, suspend the Work or any portion for a period of not more than thirty (30) calendar days with written notice to the Contractor. Notice will state the date when work will resume. The Contractor will resume the work on said date. The Contractor will be allowed an increase in the Job Order price or an extension of the Job Order completion time or both directly attributable to any suspension if it makes a claim as provided in Article 10 unless suspension of the Work is mutually agreed upon by the City and the Contractor. 13.2 City May Terminate 13.2.1 Upon the occurrence of any one or more of the following events of default: a. Contractor is adjudged bankrupt or insolvent; b. Contractor makes a general assignment for the benefit of creditors; c. a trustee or receiver is appointed for Contractor or for any of Contractor's property; d. Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws; e. Contractor repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment; f. Contractor repeatedly fails to make prompt payments to Subcontractor or for labor, materials or equipment; g. Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction; h. Contractor disregards the authority of Project Manager or Contract Administrator; i. Contractor refuses or fails to prosecute Job Orders or any separable part thereof, with the diligence that will ensure its completion within the Job Order Completion Time or any extension or fails to complete the work within this time; or j. Contractor otherwise violates in any substantial way any provisions of the Contract Documents, this includes without limitation breach of applicable Federal Contract Clauses in a Federally Funded Job Order. The City may, after giving the Contractor and its Surety sixty (60) days' written notice specifying the event of default, terminate the services of the Contractor, exclude the Contractor from the site, and take possession of the Work and of all the Contractor's tools, appliances, equipment and machinery at the site and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere, and finish the Work as the City may deem expedient. The City may complete the Work itself or with other contractors. The Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Job Order Price exceeds the direct and indirect costs of completing 8.9.b Packet Pg. 189 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 78 of 103 the Work, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The Contractor and its sureties shall be liable for any other damage to the City resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. 13.2.2 Where the Contractor's services have been so terminated by the City, the termination will not affect any rights of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the City will not release the Contractor from liability. 13.2.3 Upon seven (7) days written notice to the Contractor, the City may without cause and without prejudice to any other right or remedy elect to abandon the Work and terminate the Contract. The City will have all remedies in law and equity, including the right to specific performance (or injunction or other appropriate equitable remedy), without further assistance, and the rights to termination or suspension as provided herein. In such case, the Contractor shall be paid for all work completed and accepted as complete by the Project Manager. 13.2.4 Inasmuch as the Contractor can be adequately compensated by money damages for any breach of this Contract, which may be committed by the City, the Contractor expressly agrees that no default, act or omission of the City shall constitute a material breach of this Contract, entitling the Contractor to cancel or rescind the Contract (unless the City directs the Contractor to do so) or to suspend or abandon performance. 13.2.5 If there is a dispute regarding a Federally Funded Job Order, the parties will use the dispute resolution in the Federal Contract Clauses, if any. 13.2.6 Unless otherwise directed by the City, the Contractor shall continue performance under this Contract while matters in dispute are being resolved 13.3 Termination for Convenience 13.3.1 In addition to the City’s other termination rights, the City may terminate the Contract for convenience. Upon ten (10) days’ written notice to the Contractor, the City may, for its convenience and without cause, elect to terminate this Contract or any portion of this Contract. 13.3.2 If the Work or any portion thereof is terminated for convenience, the Contractor shall, subject to the limitation set forth in 13.3.3 below, be entitled to be paid that portion of the Job Order Price that corresponds to the percentage of work that is complete and accepted, in accordance with the Contract Documents, but shall not be entitled to any other costs or damages whatsoever including without limitation fee or profit on terminated Work. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. 13.3.3 The total sum to be paid to the Contractor under this Section 13.3 shall not exceed the Job Order Price(s) outstanding at the time of termination, as reduced by the amount of 8.9.b Packet Pg. 190 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 79 of 103 payments otherwise made, the price of Work not terminated, and as otherwise permitted by this Contract. The amounts payable to the Contractor shall exclude the fair value of property not under the City’s control which is destroyed, lost, stolen or damaged so as to become undeliverable to the City. 13.3.4 Any claim, request for equitable adjustment or other demand for extra compensation or time extension by the Contractor arising from or related to acts, events, occurrences or omissions prior to the effective date of the convenience termination shall continue to be subject to and resolved in accordance with the rules (contractual or legal, express or implied) in effect prior to the termination. The convenience termination will not convert this Contract into a cost reimbursement contract. 13.4 Minimum Contract Value Not Achieved If, in the Base Term, the City, at no fault of the Job Order Contractor, fails to issue Job Orders totaling at least the Minimum Contract Value, then the Contractor ’s sole remedy is as set forth in RCW 39.10.440(7). 13.5 Contractor May Stop Work or Terminate If, through no act or fault of the Contractor or its subcontractors, the Work is suspended for a period of more than sixty (60) days by the City or under an order of court or other public authority, then the Contractor may, upon seven (7) days' written notice to the City, terminate the Contract and recover from the City payment for all Work completed and accepted. END OF ARTICLE 13 ARTICLE 14 NOT USED END OF ARTICLE 14 8.9.b Packet Pg. 191 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 80 of 103 ARTICLE 15 MISCELLANEOUS 15.1 General Requirements 15.1.1 Should the City or the Contractor suffer injury or damage to its person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 15.1.2 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor by sections 11.1, and 13.2 and all of the rights and remedies available to City thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this section shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Contract. 15.2 Giving Notice Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is inte nded, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 15.3 Computation of Time When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. 15.4 Non-Discrimination The Contractor shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in such discrimination, including discrimination in employment practices. In the event of the Contractor’s noncompliance with the nondiscrimination provisions of the Contract Documents or applicable law, the City may impose such sanctions as it, or the City’s funding agencies, may determine to be appropriate, including, but not limited to: (a) withholding of payments to the Contractor until the Contractor complies, and (b) termination or suspension of the Contract, in whole or in part. 8.9.b Packet Pg. 192 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 81 of 103 15.5 Contractor Selection 15.5.1 The City may award an individual Job Order to any selected Contractor. Selection of the Contractor and award of the Job Order will be in compliance with established City procedures and based on one or more of the following criteria: 15.5.2 Rotational selection among all Contractors, unless otherwise determined by the C ity. 15.5.3 Evaluation of past and current performance on Job Orders of a similar nature and type of work, project size, construction management challenges, schedule performance, design management requirements, etc. 15.5.4 Balancing Job Order volume among Contractors. 15.5.5 Price, as determined by the Adjustment Factors of the Contractors. 15.5.6 Limitations posed by bonding capacity of the Contractors. 15.5.7 Other appropriate criteria as deemed in the best interest of the City. 15.6 Contractor’s Personnel 15.6.1 The Contractor shall assign a full-time person as its representative for this Contract. This person shall be acceptable to the City and shall have a cell phone at which he or she can be reached at all times. 15.6.2 The Contractor shall have an office within the City of Edmonds or within close proximity (no more than 20 miles) of the City of Edmonds. 15.6.3 The Contractor shall also have at all times an Office Manager and a Superintendent assigned to this Contract. Additional staff will be provided depending on the volume of work. For each Job Order issued, the Contractor shall identify the Superintendent responsible for that Job Order. The Superintendent shall be reachable 24 hours a day, seven days a week. If the named Superintendent is not available because of illness or vacation or the like, the Contractor shall notify the City of a substitute Superintendent. At all times, the Contractor shall provide at least one Superintendent for every four Job Orders. Whenever, in the sole discretion of the City, the Contractor is not providing a sufficient level of supervision, the City may direct the Contractor to increase the level of supervision for any or all projects, including but not limited to the right to direct the Contractor to assign a full time, dedicated Superintendent for any project; submit daily management, inspection, activity, and planning reports; substitute subcontractors; submit daily photographs of the work in place and the work areas prepared for the next day’s work; and develop a site specific quality control program, all at no cost to the City. END ARTICLE 15 8.9.b Packet Pg. 193 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 82 of 103 ARTICLE 16 JOC PROCEDURE FOR ORDERING WORK 16.1 Initiation of a Job Order. 16.1.1 As the need exists, the Contract Administrator will notify the Contractor of a Project, schedule a Joint Scope Meeting, and issue a Notice of Joint Scope Meeting. The Contractor does not have the right to refuse to perform any Project, Pre-priced Task, or Non-Prepriced Task. 16.1.2 The Contractor shall attend the Joint Scope Meeting and discuss, at a minimum: a. general scope of the work to be performed; b. possible alternatives for performing the work and value engineering; c. access to the site and protocol for admission; d. hours of operation; e. staging area and areas that are off-limits; f. requirements for catalog cuts, technical data, samples and shop drawings; g. requirements for professional services, sketches, drawings, and specifications; h. construction duration, due date for Detailed Scope of Work; i. the presence of hazardous materials; j. organization of Price Proposal – by location, by corner, etc. k. date on which the Job Order Proposal is due. l. if the Job Order will be a Federally Funded Job Order, the applicable Federal Contract Clauses, such as, for example, Davis-Bacon and DBE requirements. 16.1.3 Upon completion of the joint scoping process, the Contractor will prepare a draft Detailed Scope of Work referencing any sketches, drawings, photographs, and specifications required to document accurately the work to be accomplished. The City shall review the Detailed Scope of Work and request any required changes or modifications. When an acceptable Detailed Scope of Work is complete, the City will issue a Request for Proposal that will require the Contractor to prepare a Job Order Proposal within a certain period of time. The Detailed Scope of Work will be the basis on which the Contractor will develop its Job Order Proposal and the City will evaluate the same. The Contractor does not have the right to refuse to perform any task or any work in connection with a particular Project. 16.1.4 The City may, at its option, include quantities in the Detailed Scope of Work if it helps to define the Detailed Scope of Work, if the actual quantities required are not known or cannot be determined at the time the Detailed Scope of Work is prepared, if t he Contractor and the City cannot agree on the quantities required, or for any other reason as determined by the City. In all such cases, the City shall issue a Supplemental Job Order adjusting the quantities appearing in the Detailed Scope of Work to the actual quantities. 16.1.5 If the Contractor requires additional information to clarify the Detailed Scope of Work before preparing the Job Order Proposal, the Contractor will make such request quickly so that the Job Order Proposal can be submitted on time. 16.2 Preparation of the Price Proposal. 16.2.1 The Contractor's Job Order Proposal shall include, at a minimum: a. Job Order Price Proposal; 8.9.b Packet Pg. 194 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 83 of 103 b. Support documentation for Non-Prepriced Tasks; c. Required drawings or sketches; d. List of anticipated Subcontractors including a MBE/WBE Certification if required; e. Construction schedule; f. Other requested documents. 16.2.2 The Job Order Price shall be the value of the approved Job Order Price Proposal. 16.2.3 The value of the Job Order Price Proposal shall be calculated by summing the total of the calculations for each Pre-priced Tasks (Unit Price x quantity x Adjustment Factor) plus the value of all Non-Prepriced Tasks. 16.2.4 The Contractor will prepare Price Proposals in accordance with the following: a. Pre-priced Task: A task described for which a unit price is set forth in the Construction Task Catalog®. The Contractor shall select the appropriate Pre- priced Tasks, enter the accurate quantities, and select the appropriate Adjustment Factor to be used for each such Pre-priced Task. The Contractor shall use the Adjustment Factors in effect on the date the Price Proposal is due, even though the Job Order may be issued after the Adjustment Factors have been updated. b. Non-Prepriced Task: A task that is not set forth in the Construction Task Catalog®. c. Information submitted in support of Non-Prepriced Tasks shall include, but not limited to the following: 1) Catalog cuts, specifications, technical data, drawings, or other information as required to evaluate the task. 2) If the Contractor will perform Work with its own forces, it must submit three (3) independent quotes for all material to be installed and will use Pre -priced Tasks for labor and equipment from the Construction Task Catalog®. If the Work is to be subcontracted, the Contractor must submit three (3) independent quotes from subcontractors. The Contractor will not submit a quote or bid from any supplier or subcontractor that the Contractor is not prepared to use. The City may require additional quotes and bids if the suppliers or subcontractors are not acceptable or if the prices are not reasonable. If three (3) quotes or bids cannot be obtained, the Contractor will provide the reason in writing for the City’s approval. If approved, less than three (3) quotes or bids will be allowed. 3) After a Non-Prepriced Task has been approved by the City, the Unit Price for such task will be established, following approval by the City, and fixed as a permanent Non- Prepriced Task which will no longer require price justification. 4) The City’s determination as to whether a task is a Pre-priced Task or a Non-Prepriced Task shall be final, binding and conclusive as to the Contractor. 8.9.b Packet Pg. 195 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 84 of 103 16.2.5 Whenever, because of trade jurisdiction rules or small quantities, the cost of a minor task in the Job Order Price Proposal is less than the cost of the actual labor and material to perform such task, the City may permit the Contractor to be paid for such task as a Non- Prepriced Task, or use Pre-priced labor tasks and material component pricing to cover the actual costs incurred. Provided, however, that there is no other work for that trade on the Project or other work for that trade cannot be scheduled at the same time and the final charge does not exceed One Thousand Dollars ($1,000). 16.2.6 The Contractor shall make the necessary arrangements for and obtain all filings and permits required for the Work, including the preparation of all drawings, sketches, calculations and other documents and information that may be required therefor. If the Contractor is required to pay an application fee for filing a project, a fee to obtain a building permit, or any other permit fee to the City, State or some other governmental or regulatory agency, then the amount of such fee paid by the Contractor for which a receipt is obtained shall be treated as a Reimbursable Task to be paid without mark-up. The cost of expediting services or equipment use fees are not reimbursable. 16.2.7 The Contractor shall provide incidental engineering and architectural services required in connection with a particular Job Order including drawings and information required for filing. 16.2.8 The Contractor's Job Order Proposal shall be submitted by the date indicated on the Request for Proposal. All incomplete Job Order Proposals shall be rejected. The time allowed for preparation of the Contractor's Job Order Proposal will depend on the complexity and urgency of the Job Order but should average between seven and fourteen days. On complex Job Orders, such as Job Orders requiring incidental engineering/architectural drawings and approvals and permits, allowance will be made to provide adequate time for preparation and submittal of the necessary documents. 16.2.9 In immediate response situations and minor maintenance and repair Job Orders requiring immediate completion, the Job Order Proposal may be required quickly and the due date will be so indicated on the Request for Proposal or, as described below, the Contractor may be directed to begin work immediately with the paperwork to follow. 16.2.10 For purposes of Using the Construction Task Catalog®, the project site is defined as the exterior perimeter of a building. For work not performed in a building, the project site is defined as the limits of the work area. 16.2.11 By submitting a Job Order Proposal to the City, the Contractor agrees to accomplish the Detailed Scope of Work in accordance with the Request for Proposal at the price submitted. It is the Contractor's responsibility to include the necessary tasks and quantities in the Job Order Price Proposal and apply the appropriate Adjustment Factor(s) prior to delivering it to the City. 16.2.12 If the Contractor requires clarifications or additional information regarding the Detailed Scope of work in order to prepare the Job Order Proposal, the request must be submitted 8.9.b Packet Pg. 196 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 85 of 103 so that the submittal of the Job Order Proposal is not delayed. 16.2.13 In the event the Contractor is required to work in a secured facility or location where labor, materials, and equipment must be inspected, the Contractor will be permitted to add labor hours to the Job Order Price Proposal to account for lost time as a result of such inspection. 16.2.14 The final price submitted for Non-Prepriced Tasks shall be according to the following formula: For Non-Prepriced Tasks Performed with Contractor's Own Forces: A = The hourly rate for each trade classification not in the Construction Task Catalog® multiplied by the quantity; B = The rate for each piece of Equipment not in the Construction Task Catalog® multiplied by the quantity; C = Lowest of three (3) independent quotes for all materials , unless a lower number of quotes is approved by the Owner with a letter of justification. Total for a Non-Prepriced Tasks performed with Contractor’s Own Forces = (A+B+C) x Non-Prepriced Task Adjustment Factor For Non-Prepriced Tasks Performed by Subcontractors: If the Non-Prepriced Task is to be subcontracted, the Contractor must submit three (3) independent quotes for the work. D = Lowest of three (3) Subcontractor Quotes Total Cost for Non-Prepriced Tasks performed by Subcontractors = D x Non-Prepriced Task Adjustment Factor a. After a Non-Prepriced Task has been approved by the City, the Unit Price for such task will be established, and fixed as a permanent Non-Prepriced Task which will no longer require price justification. b. The City’s determination as to whether a task is a Pre-priced Task or a Non-Prepriced Task will be final, binding and conclusive to the Contractor. 16.2.15 The Contractor will make the necessary arrangements for and obtain all filings and permits required for the Work, including the preparation of all drawings, sketches, calculations and other documents and information that may be required. If the Contractor is required to pay an application fee for filing a project, a fee to obtain a building permit, or any other permit fee to the City, State or some other governmental or regulatory agency, then the amount of such fee paid for which a receipt is obtained will be treated as a Reimbursable Task to be paid without markup. 8.9.b Packet Pg. 197 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 86 of 103 16.2.16 The Contractor shall provide incidental engineering and architectural services required in connection with a particular Job Order including drawings and information required for filing. 16.2.17 The Contractor's Job Order Proposal is to be submitted by the date indicated on the Request for Proposal. All incomplete Job Order Proposals shall be rejected. The time allowed for preparation of the Contractor's Job Order Proposal will depend on the complexity and urgency of the Job Order but should average between seven (7) and fourteen (14) days. On complex Job Orders, such as Job Orders requiring incidental engineering/architectural drawings and approvals and permits, allowance will be made to provide adequate time for preparation and submittal of the necessary documents. 16.2.18 In emergency situations and minor maintenance and repair Job Orders requiring immediate completion, the Job Order Proposal may be required quickly and the due date will be so indicated on the Request for Proposal. 16.2.19 By submitting a Job Order Proposal to the City, the Contractor agrees to accomplish the Detailed Scope of Work in accordance with the Request for Proposal at the price submitted. It is the Contractor's responsibility to include the necessary tasks and quantities in the Price Proposal and apply the appropriate Adjustment Factor(s) prior to delivering it to the City. 16.2.20 If the Contractor requires clarifications or additional information regarding the scope of work in order to prepare the Job Order Proposal, the request must be submitted so that the submittal of the Job Order Proposal is not delayed. 16.3 Review of the Job Order Proposal and Issuance of the Job Order 16.3.1 The City will evaluate the entire Price Proposal and compare these with the City's estimate of the Detailed Scope of Work to determine the reasonableness of approach, including the appropriateness of the tasks and quantities proposed. All incomplete Job Order Proposals will be rejected. The City will review the Price Proposal to determine the accuracy of the Pre-priced Tasks, quantities, Adjustment Factors, and Non-Prepriced Tasks. 16.3.2 The Contractor may choose the means and methods of construction; subject however, to the City's right to reject any means and methods proposed by the Contractor that: a. Will constitute or create a hazard to the work, or to persons or property; or b. Will not produce finished Work in accordance with the terms of the Contract; or c. Unnecessarily increases the price of the Job Order when alternative means and methods are available. 16.3.3 The City reserves the right to reject a Job Order Proposal or cancel a Project for any reason. The City also reserves the right not to issue a Job Order if it is determined to 8.9.b Packet Pg. 198 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 87 of 103 be in the best interests of the City. The City may perform such work by other means. The Contractor will not recover any costs arising out of or related to the development of the Job Order including but not limited to the costs to attend the Joint Scope Meeting, review the Detailed Scope of Work, prepare a Job Order Proposal including incidental architectural and engineering services, subcontractor costs, and the costs to review the Job Order Proposal with the City. 16.3.4 By submitting a Job Order Proposal to the City, the Contractor agrees to accomplish the Detailed Scope of Work in accordance with the Request for Proposal at the lump sum price submitted. It is the Contractor's responsibility to include the necessary Pre- priced Tasks and Non-Prepriced Tasks and quantities in the Job Order Price Proposal prior to delivering it to the City. 16.3.5 It is the Contractor's responsibility to include the necessary Pre-priced Tasks and Non-Prepriced Tasks, accurate quantities, and correct Adjustment Factors in the Price Proposal prior to delivering it to the City. 16.3.6 If the Job Order Proposal is found to be complete and accurate, The City may issue a Job Order to the Contractor. 16.3.7 The Job Order signed by The City and delivered to the Contractor constitutes The City's acceptance of the Contractor's Job Order Proposal. 16.3.8 A Job Order will reference the Detailed Scope of Work and set forth the Job Order Completion Time and the Job Order Price. The Job Order Price shall be the value of the approved Price Proposal. 16.3.9 All clauses of this Contract shall apply to each Job Order. 16.3.10 The Contractor will be paid the Job Order Price for completing the Detailed Scope of Work within the Job Order Completion Time. 16.3.11 The City, without invalidating the Job Order, may order changes in the Detailed Scope of Work by adding to, changing, or deleting from the Detailed Scope of Work, by issuing a Supplemental Job Order. All Supplemental Job Orders shall be developed in accordance with these procedures for ordering work. 16.3.12 The City may decide not to issue a Job Order under development, may decide to cancel a Job Order or any portion of a Job Order, or cancel a Project or any portion of a Project, for any reason. In such case, the Contractor shall not recover any costs arising out of or related to the development of the Job Order including but not limited to attending the Joint Scope Meeting, preparing or reviewing the Detailed Scope of Work, preparing a Job Order Proposal (including incidental architectural and engineering services), subcontractor costs, or reviewing the Job Order Proposal with The City. The City may perform such work by other means. 16.3.13 A Job Order will reference the Detailed Scope of Work and set forth the Job Order Completion Time, and the Job Order Price. A separate Job Order will be issued for each Project. Extra work, credits, and deletions will be contained in a 8.9.b Packet Pg. 199 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 88 of 103 Supplemental Job Order. The Job Order Price shall be a lump sum, fixed price for the completion of the Detailed Scope of Work. 16.3.14 Each Job Order provided to the Contractor will reference the Detailed Scope of Work and set forth the Job Order Price and the Job Order Completion Time. All clauses of this Contract shall be applicable to each Job Order. The Job Order, signed by the City and delivered to the Contractor constitutes the City's acceptance of the Contractor's Job Order Proposal. A signed copy of the Job Order will be provided to the Contractor. 16.3.15 In the event that immediate emergency response is necessary, the Contractor shall be required to follow alternative procedures as established by the City. The Contractor shall begin work as directed notwithstanding the absence of a fully developed Request for Proposal, Detailed Scope of Work, or Job Order. The Contractor shall be compensated for such work as if the work had been ordered under the standard procedures. The Contractor must submit to the City’s Representative, their emergency procedure/ safety plan prior to starting work. The Contractor must be responsible for quality assurance and quality control. 16.3.16 Federally Funded Job Orders When the City initiates a Job Order, the City will specify whether the Job Order is a Federally Funded Job Order or not. If the Job Order has no such specification, then the Job Order is not a Federally Funded Job Order. A Federally Funded Job Order is subject to the Federal Contract Clauses, which will be provided by the City. In the event of irreconcilable conflict between the Federal Contract Clauses applicable to a Federally Funded Job Order and other Contract Documents, such Federal Contract Clauses control. The Federal Contract Clauses do not apply to Job Orders that are not Federally Funded Job Orders. END ARTICLE 16 8.9.b Packet Pg. 200 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 89 of 103 ARTICLE 17 ENGINEERING NEWS RECORD CONSTRUCTION COST INDICES ADJUSTMENT OF THE ADJUSTMENT FACTORS 17.1 Economic Price Adjustment: The Adjustment Factors may be updated on each anniversary of the Contract date to account for changes in construction costs, provided, the Contractor requests in writing, approximately fourteen (14) to thirty (30) days prior to the anniversary of the Contract date, that the Adjustment Factors be updated. Such request shall be delivered to the City and to the Consultant/Gordian. In the event the Contractor fails to deliver the request timely, then the City will determine the date on which the Adjustment Factors will be updated, but in no event will such date be later than thirty (30) days after the written request is received by the City. Thereafter, the Contractor’s Adjustment Factors will be adjusted according to the following: 17.2 The Contractor’s Normal Working Hours and Other than Normal Working Hours Adjustment Factors will be adjusted according to the following: 17.2.1 A Base Year Index will be calculated by averaging the 12 -month Construction Cost Indices (CCI) for Seattle, WA, published in the Engineering News Record (ENR) for the twelve (12) months immediately prior to the month of the bid due date (e.g. April bid date, Base Year Index is April of the prior year to March of the bid date year). 17.2.2 A Current Year Index will be calculated by averaging the 12 -month Construction Cost Indices (CCI) for Seattle, WA, published in the Engineering News Record (ENR) for the twelve (12) months beginning with the month of anniversary of the bid due date (e.g. April bid date, Current Year Index is April of the prior year to March of the current year). 17.2.3 The Economic Price Adjustment will be calculated by dividing the Current Year Index by the Base Year Index. 17.2.4 The Contractor’s original Adjustment Factors will be multiplied by the Economic Price Adjustment to obtain the Contractor’s new Adjustment Factors effective for the next twelve (12) months. 17.2.5 Averages shall be obtained by summing the 12-month indices and dividing by twelve (12). 17.3 All calculations in this article will be carried to the fifth decimal place and rounded to the fourth decimal place. The following rules shall be used for rounding: 17.3.1 The fourth decimal place shall be rounded up when the fifth decimal place is five (5) or greater. 17.3.2 The fourth decimal place shall remain unchanged when the fifth decimal place is less than five (5). 8.9.b Packet Pg. 201 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 90 of 103 17.4 Engineering News Record occasionally revises indices. Engineering News Record Construction Cost Indices used in the calculations described above will be those currently published at the time the Economic Price Adjustment calculation is performed. No retroactive adjustments will be made as a result of an Engineering News Record revision. Revised Construction Cost Indices, if any, will be used in subsequent calculations. 17.5 Under all circumstances, should the Contractor submit a Job Order Proposal with inaccurate Adjustment Factors, the act of submission by the Contractor is a waiver of all rights to any further compensation above the Job Order Price submitted in the Job Orde r Proposal. 17.6 The Contractor cannot delay submission of the Job Order Proposal past the due date to take advantage of a scheduled update of the Adjustment Factors. In that event, the Contractor shall use the Adjustment Factors that would have been in effect without the delay. 17.7 The Adjustment Factor for Non-Prepriced Tasks will remain constant for the duration of the Contract. END ARTICLE 17 8.9.b Packet Pg. 202 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 91 of 103 ARTICLE 18 Software, JOC System License, and Cooperative Purchasing 18.1 JOC System License 18.1.1 The City selected The Gordian Group’s (Gordian) Job Order Contracting (JOC) System for their JOC program. The Gordian JOC Solution includes Gordian’s proprietary JOC System Software and JOC Applications, construction cost data (Construction Task Catalog®,) which will be used by the Contractor solely for the purpose of fulfilling its obligations under this Contract, including preparation and submission of Job Order Proposals, subcontractor lists, and other requirements specified by the City. Contractor’s use, in whole or in part, of Gordian’s JOC Applications, Construction Task Catalog® and other proprietary materials provided by Gordian for any purpose other than to execute work under this Contract for the CITY is strictly prohibited unless otherwise approved in writing by Gordian. The Contractor shall be required to execute Gordian’s JOC System License and Fee Agreement and pay a one percent (1%) JOC System License Fee to obtain access to the Gordian JOC Solution. 18.2 Cooperative Purchasing 18.2.1 RCW 39.34 allows cooperative purchasing between public agencies (political subdivisions) in the State of Washington. Public agencies that file an Interlocal Joint Purchasing Agreement with the City of Edmonds may also wish to procure the goods and/or services herein offered by the selected Contractor. The selected Contractor shall have the option of extending its offer to the City of Edmonds to other agencies for the same cost, terms and conditions. 18.2.2 The City of Edmonds does not accept any responsibility for agreements, contracts or purchase orders issued by other public agencies to the Contractor. Each public agency accepts responsibility for compliance with any additional or varying laws and regulations governing purchase by or on behalf of the public agency. The City of Edmonds accepts no responsibility for the performance of the Contractor in providing goods and/or services to other public agencies, nor any responsibility for the payment price to the Contractor for other public agency purchases. END ARTICLE 18 8.9.b Packet Pg. 203 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 92 of 103 ARTICLE 19 COMPLIANCE WITH THE JOC RCW REQUIREMENTS 19.1 CONTRACTOR’S RESPONSIBILITY Contractor acknowledges that it has carefully examined the RFP documents and the Job Order Contracting RCW’s. For example, the Contract is subject to RCW 39.10.200; 39.10.210; 39.10.420; 39.10.430; 39.10.440; 39.10.450; 39.10.460; and, 39.10.470. 19.2 MAXIMUM JOB ORDER VALUE The maximum dollar amount for an individual Job Order is Five Hundred Thousand dollars ($500,000) pretax. All Job Orders for the same project (original plus any Supplemental Job Orders) shall be treated as a single Job Order for the purpose of the $500,000 limit. A Job Order issued for a particular project may not exceed $500,000 excluding sales tax and Gordian fees. As required by RCW 39.10.450(3), no more than twenty percent of the dollar value of a Job Order may consist of items of work not contained in the Unit Price book. As required by RCW 39.10.450(4), any new permanent, enclosed building space constructed under a Job Order shall not exceed three thousand (3,000) gross square feet. 19.3 ADJUSTMENT FACTORS AND CONSTRUCTION TASK CATALOG® The Contractor is paid for the Job Order based upon a fixed percentage multiplier (Adjustment Factor) and fixed prices based on The Gordian Group’s Construction Task Catalog® agreed to in the initial contract. Everything that is to be included in the Contractor’s Adjustment Factors is listed and identified in the Construction Task Catalog® under Construction Task Catalog® Section and “Using the Construction Task Catalog®,” pages 00-1 through 00-7. 19.4 PREVAILING WAGE RATES TO BE PAID A. Prior to making any payment, the City must receive a Labor and Industries approved copy of the “Statement of Intent to Pay Prevailing Wages” form from the Contractor, all sub-contractors and lower-tiers. Each progress payment application is to include a signed statement that prevailing wages have been paid. With final invoicing of a project, the City must receive a Labor and Industries certified copy of the “Affidavit of Wages Paid” form from the Contractor, all sub-contractors and lower-tiers. B. It is the Contractor’s sole responsibility to ensure that the approved Intents and certified Affidavits are filed from all sub-contractors and lower-tiers and filed with the City for each Job Order. C. Job Order contractors shall pay prevailing wages for all work that would otherwise be subject to the requirements of chapter 39.12 RCW. Prevailing wages for all work performed pursuant to each Job Order must be the rates in effect at the time the individual Job Order is issued. D. If the Job Order is Funded by the Federal Transit Administration, the Davis-Bacon Act and Copeland Anti-Kickback applies. 8.9.b Packet Pg. 204 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 93 of 103 19.5 EXECUTED OMWBE PLAN A. Per RCW 39.10.450, a public body may issue no Job Orders under a Job Order Contract until it has approved, in consultation with the Office of Minority and Women's Business Enterprises or the equivalent local agency, a plan prepared by the Contractor that equitably spreads certified women and minority business enterprise subcontracting opportunities, to the extent permitted by the Washington state civil rights act, RCW 49.60.400, among the various subcontract disciplines. B. The executed plan is required before the City will sign the Contract. 19.6 SUBCONTRACTING At least ninety percent (90%) of all work contained in a Job Order Contract must be subcontracted to entities other than the Contractor. The Contractor must distribute contracts as equitably as possible among qualified and available subcontractors including minority and woman-owned subcontractors to the extent permitted by law. 19.7 RETAINAGE The City requires each Contractor to provide a Retainage Bond in the penal sum equal to 5% of the Maximum Contract Value or $100,000 whichever is greater. If the cumulative amount of required retainage under Chapter 60.28 RCW exceeds this amount, the Contractor shall deliver a new Retainage Bond as required by the City. The Contractor must use a Retainage Bond form acceptable to the City. 19.8 PUBLIC RECORDS Under Washington state public records laws, records and documents including but not limited to written, printed, graphic, electronic, photographic or voice mail materials and/or transcriptions, recordings or reproductions provided to City or used by the Ci ty in connection to the Contract Documents become a public record subject to mandatory disclosure upon request by any person, unless the records and documents are exempt from public disclosure by a specific provision of law. The City has no obligation to enforce any exemption. Contractor will fully cooperate with the City to comply with the Washington state public records laws. 19.9 AUDITS AND RETENTION OF RECORDS A. All of the Project Records related to this Contract shall be open to inspection, audit, and/or copying by the City: i. During the Contract Time; ii. For a period of not less than six (6) years after the date of Final Acceptance of the last Work or termination of the Contract. The Contractor shall also ensure that the wage, payroll and cost records of all Subcontractors and Suppliers at all tiers is retained and open to similar inspection or audit for the period required above by incorporating the provisions of this Audit section into any agreements with Subcontractors or Suppliers related to this Contract; and 8.9.b Packet Pg. 205 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 94 of 103 iii. If any Claim, audit, or litigation arising out of, in connection with, or related to this Contract is initiated, all documents and records shall be resolved or completed, whichever occurs later. B. The Contractor, its Subcontractors and Suppliers will make a good faith effort to cooperate with the City when the City gives notice of its need to inspect or audit Project Records. Cooperation will include assistance as may be reasonably required in the course of inspection or audit, including access to personnel with knowledge of the contents of the records being inspected or audited so that the information in the records is properly understood by the persons performing the inspection or audit. Cooperatio n will also include establishing a specific mutually agreeable timetable for making the records available for inspection by the City and its designee. Unless otherwise agreed, if the Contractor, its Subcontractors and Suppliers cannot make at least some o f the relevant records available for inspection within fourteen (14) days of the City’s written request, cooperation will necessarily entail providing the City with a reasonable explanation for the delay in production of records. Failure to cooperate will impact future responsibility determinations. C. The Contractor agrees that no Claim will be made against the City for the Work described herein unless the Contractor makes available to the City all documents and records. Failure to maintain and retain sufficient records to allow the City to verify all c osts or damages or failure to permit the City or its designee access to the books and records shall constitute a waiver of the rights of the Contractor, Subcontractor, and Supplier to claim or be compensated for any damages, additional time or money under this Contract and shall bar any recovery there under. D. Inspection, audit, and/or copying of Project Records may be performed by the City at any time with not less than fourteen (14) days written notice; provided however, if an audit is to be commenced more than sixty (60) days after Final Acceptance of the Contract, the Contractor will be given thirty (30) days' notice of the time when the audit or inspection is to begin. E. The Contractor and its Subcontractors and Suppliers shall provide adequate facilities, acceptable to the City, for inspection, auditing, and/or copying during normal business hours. F. No additional compensation will be provided to the Contractor, its Subcontractors, or Suppliers for time or money spent in complying with the requirements of this Audit section. If the Contractor is formally dissolved, assigns or otherwise divests itself of its legal capacity under this Contract, then it will immediately notify the City and preserve such records, at its expense, as directed by the City. G. This Audit Section shall survive for six (6) years after the termination or expiration of this Contract, or conclusion of all Claims, audits or litigation, whichever occurs later. H. At a minimum, the following documents shall be considered Project Records and made available for inspection, auditing and copying: i. Daily time cards, time-sheets, daily reports, inspection reports, and supervisor’s reports; ii. Insurance, welfare, and benefits records; 8.9.b Packet Pg. 206 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 95 of 103 iii. Payroll registers; iv. Earnings records; v. All relevant tax forms and records, including any state and federal payroll tax rate schedules governing the employer’s payroll tax rates paid on behalf of employees that work on the project and any payroll tax forms summarizing the amounts paid; vi. Material invoices and requisitions; vii. Material cost distribution worksheets; viii. Equipment records including a list of company-owned equipment and an equipment distribution report containing equipment descriptions, equipment number, equipment rates, recorded equipment hours, phase or cost codes, dates, and any other relevant information as related to how equipment was recorded to the project; ix. Contractors’ rental agencies’, Subcontractors’, and lower tier subcontractors’ invoices; x. Contracts, purchase orders and agreements between the Contractor and each of its Subcontractors, and all lower tier subcontractor contracts and supplier contracts; xi. Subcontractors’ and lower tier subcontractors’ payment certificates/payment applications; xii. Canceled checks, payroll and Contractors; xiii. Job cost reports, including both a job cost summary report comparing budgeted amounts to recorded amounts by cost type and phase or cost code and a job cost history/detail/transaction report listing each individual transaction by phase or cost code; xiv. General Ledger; xv. Cash disbursements journal; xvi. All documents which relate to each and every claim together with all documents which support the amount of damages to each claim; xvii. All schedule documents, including man-loaded schedules, work plans, planned resource codes, phasing documents and summaries; xviii. All other documents, including email, related to the Project, Claims, or Supplemental Job Orders; xix. Any documentation or information relied upon for the purposes of translating the bid amounts to original budget amounts; xx. Original budget and updated budgets used for tracking job performance throughout the project; xxi. Labor distribution reports summarizing straight time, overtime, and double time by employee and also separately summarizing base wage amounts versus labor burden and benefit amounts; 8.9.b Packet Pg. 207 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 96 of 103 xxii. Copies of all draft and approved change orders including a supplementary documentation or information relied upon for the purposes of pricing the change orders; xxiii. To the extent any of the above-referenced records exist in machine readable format, the Contractor will make them available in that form. This requirement specifically includes but is not limited to an obligation to provide the information and access in the native format in which it is maintained by the Contractor. The Contractor will, as reasonably requested by the City, provide read -only access to and reasonable technical support necessary to make use of any enterprise or legacy software utilized by the Contractor to manipulate and/or store the relevant data. 19.10 PUBLIC NOTICE REQUIREMENTS The Contractor will publish notification of intent to perform public works projects at the beginning of each contract year in a statewide publication and in a legal newspaper of general circulation in every county in which the public works projects are anticipated, per RCW 39.10.440 (5). 19.11 PUBLIC INSPECTION OF CERTAIN RECORDS-PROTECTION OF TRADE SECRETS A. RCW 39.10.470(1) and (2) state as follows: (1) Except as provided in subsections (2) and (3) of this section, all proceedings, records, contracts, and other public records relating to alternative public works transactions under this chapter shall be open to the inspection of any interested person, firm, or corporation in accordance with Chapter 42.56 RCW. (2) Trade secrets, as defined in RCW 19.108.010, or other proprietary information submitted by a bidder, offeror, or contractor in connection with an alternative public works transaction under this chapter shall not be subject to Chapter 42.56 RCW if the bidder, offeror, or contractor specifically states in writing the reasons why protection is necessary, and identifies the data or materials to be protected. B. The following shall govern to the application of RCW 39.10.470 to this Contract and the Work: 1. Proprietary information and trade secrets must be clearly identified as “CONFIDENTIAL.” 2. If any document or record does not clearly identify the “CONFIDENTIAL” portions, the City will not notify the Contractor that such documents and records will be made available for inspection and copying, and the City may publicly disclose such non- clearly identified portions with no liability whatsoever to the Contractor. 3. If a request is made for disclosure of material or any portion marked “CONFIDENTIAL,” the City will determine whether the material should be made available under the law. If the City determines that the material is subject to disclosure, the City will seek to notify the Contractor of the request and allow the proposer ten (10) business days after such notification to take appropriate legal action in Snohomish County Superior Court at the Contractor’s sole expense and 8.9.b Packet Pg. 208 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 97 of 103 liability. If the Contractor does not within ten (10) business days serve the Office of the City Attorney with a copy of an order entered by the Superior Court that expressly prohibits the City from disclosure of the material marked “CONFIDENTIAL,” then the proposer will be deemed to have consented to the public disclosure of the material marked “Confidential” and the City may publicly disclose such material without any liability whatsoever to Contractor. 4. To the extent that the City withholds from disclosure all or any portion of Contractor’s material marked “CONFIDENTIAL”, the Contractor shall indemnify, defend and hold harmless the City of Edmonds from all lawsuits, liabilities, losses, damages, penalties, attorneys’ fees and costs the City incurs arising from or relating to such withholding from disclosure. END OF SECTION 19 8.9.b Packet Pg. 209 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 98 of 103 SUPPLEMENTARY CONDITIONS – FEMA AND OTHER FEDERALLY FUNDED PROJECT NOTE: These Supplementary Conditions apply to FEMA and other federally funded City projects. The City anticipates that most projects performed thru the Job Order Contracting program will not be FEMA funded or otherwise federally funded. The Agreement/Contract (collectively, “Contract”) may be funded in whole or in part by federal grant funding received by The City of Edmonds from the Federal Emergency Management Agency (“FEMA”), which is part of the United States Department of Homeland Security (“DHS”), or other Federal Funding sources. Therefore, Consultant/Contractor (collectively, the “Contractor”) must comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to, the contractual provision set forth in Title 2 of the Code of Federal Regulations, Part 200, in connection with the Contractor’s performance of the work or services covered by the Contract (the “Project”). All such federal laws and regulations shall be deemed to be inserted in the Contract and the Contract shall be read and enforced as though such federal laws and regulations were included therein. Anything to the contrary herein notwithstanding, all FEMA-mandated terms shall be deemed to control in the event of a conflict with other provisions contained in the Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of Edmonds request that would cause the City to be in violation of these FEMA terms and conditions or any other federal law or regulation applicable to the receipt of FEMA grants. If any provision of the Contract shall be such as to effect noncompliance with any FEMA requirement, such provision shall not be deemed to form a part thereof, but the balance of the Contract shall remain in full force and effect. In addition, the Contractor agrees to the following specific provisions: 1.1 Debarment .1 The Contractor and any prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. .2 The City will ensure the Contractor and any lower participants are not debarred by checking the government’s Excluded Parties List System at SAM.gov prior to executing a contract. 1.2 Cost Plus Percentage Not Allowed .1 Notwithstanding any provisions in the Contract to the contrary, the Contractor and any prospective lower tier participant are prohibited from using cost plus percentage contracts. This includes, but is not limited to, the use of percentages for change orders or mark-ups on sub-contractors or materials. Cost plus fixed fee, either lump sum or unit price, is authorized. 8.9.b Packet Pg. 210 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 99 of 103 1.3 Additional Federal Contracting Requirements .1 The Contractor must comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41CFR chapter 60). .2 The Contractor must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. .3 The Contractor must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients of federal funding from discriminating 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. §§ 12101–12213). .4 The Contractor must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. .5 The Contractor must comply with Title VIII of the Civil Rights Act of 1968, which prohibits Contractors from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features (see 24 C.F.R. § 100.201). .6 The Contractor must comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). .7 The Contractor must comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a7) as supplemented by Department of Labor regulations (29 CFR Part 5). a. This project is a public work in the State of Washington, funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. .8 The Contractor must comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327330) as supplemented by Department of Labor regulations (29 CFR Part 5). 8.9.b Packet Pg. 211 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 100 of 103 .9 The Contractor must provide reporting as specified in the plans, specifications and deliverables section of the Contract. .10 The City shall have patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. .11 The City shall have copyrights and rights respective to any data which arises or is developed in the course of or under such contract. .12 The County, State, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. .13 The Contractor must maintain records for three years after grantees or subgrantees make final payments and all other pending matters are closed. .14 The Contractor must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000) .15 The Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. .16 The Contractor must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94163, 89 Stat. 871). .17 The City is entitled to exercise all administrative, contractual, or other legal remedies permitted by law to enforce the Contractor’s compliance with the terms of the Contract. .18 The Contractor must acknowledge its use of federal funding when issuing requests for proposals, bid invitations, and other documents describing the Project in connection with performing the Contract. 8.9.b Packet Pg. 212 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 101 of 103 .19 If the Contractor collects PII (Personally Identifiable Information) in connection with the Project, the Contractor is required to have a publicly available privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. .20 The Contractor must comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which is adopted at 2 C.F.R Part 3001, which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. .21 The Contractor must comply with the requirements of 31 U.S.C. § 3729 which sets forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. .22 The Contractor must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. .23 The Contractor must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (“LEP”) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. .24 The Contractor must comply with 31 U.S.C. §1352, which provides that none of the funds provided under an award may be expended by the Contractor to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. .25 Unless otherwise provided by law, the Contractor is subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Contractor is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. § 401.14. .26 The Contractor must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. 8.9.b Packet Pg. 213 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 102 of 103 .27 The Contractor must comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104). This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. Full text of the award term is located at 2 CFR § 175.15. .28 The Contractor must comply with the Rehabilitation Act of 1973, including all sections, that prohibits discrimination on the basis of disability. The standards for deciding if employment discrimination exists under the Rehabilitation Act are the same as those used in Title I of the Americans with Disabilities Act. .29 The Contractor must maintain the currency of the information in the Universal Identifier and System of Award Management (SAM) until submission of the final financial report required under the award or receive final payment, whichever is later, as required by 2 C.F.R. Part 25. .30 The Contractor must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. .31 The Contractor must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. .32 The Contractor must obtain DHS’s approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. .33 The Contractor must acknowledge and agree—and require any sub-contractors, successors, transferees, and assignees to acknowledge and agree—to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Additionally: a. the Contractor must cooperate with any compliance review or complaint investigation conducted by DHS; b. the Contractor must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; c. the Contractor must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports; d. the Contractor must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance; 8.9.b Packet Pg. 214 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Page 103 of 103 e. if, during the past three years, the Contractor has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the Contractor must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office (FEMA) and the DHS Office of Civil Rights and Civil Liberties; and f. in the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the Contractor, or the Contractor settles a case or matter alleging such discrimination, the Contractor must forward a copy of the complaint and findings to the DHS Component and/or awarding office (FEMA). .34 Small and Minority Businesses: The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a) through (e) of this section. http://www.ecfr.gov/cgi- bin/text-idx?node=se2.1.200_1321&rgn=div8 The United States has the right to seek judicial enforcement of these obligations. 8.9.b Packet Pg. 215 At t a c h m e n t : C i t y o f E d m o n d s J O C C o n t r a c t o r A g r e e m e n t T e m p l a t e 7 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) CITY OF EDMONDS 121 5TH AVENUE NORTH · EDMONDS, WA 98020 · 425-771-0220 · FAX 425-672-5750 Website: www.edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division MIKE ROSEN MAYOR 0/00/2025 Prime Contractor Name Primary Contact Address Project Title: Job Order Contracting Program-Prime Contractor Dear Primary Contact: This letter is to advise you that the Edmonds City Council met on Date, and awarded contracts for the above referenced program. Please complete and sign the contract documents provided to you. Before returning the copy, please be sure that the insurance coverage shown on the certificate meets the contract requirements, as well as the bond, provided in proposal are correct. The contract document requires that you complete this process in no more than ten calendar days. Upon receiving the signed contract, the City will review for completeness and have them signed by appropriate City personnel and return a fully executed copy to you electronically. Please coordinate the delivery of these submittals with the City’s project manager, Thom Sullivan. He can be reached at (425)760-3334 or by e-mail at thom.sullivan@edmondswa.gov Sincerely, Thom Sullivan City Facilities Manager 8.9.c Packet Pg. 216 At t a c h m e n t : I n t e n t t o A w a r d J O C P r i m e C o n t r a c t o r s L e t t e r 7 - 2 0 2 5 P H W ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) City of Edmonds Job Order Contracting RFP Submittal Opening June 16,2025 2:15PM pst Submittals:Time/Date Received Labeled Envelope Unbound Complete Proposal Lincoln Construction 6-16-25 10:28AM Yes Yes Saybr Contractors 6-16-25 10:48AM Yes Yes Langsholt Contracting 6-16-25 1:40PM Yes Yes Woodridge Construction 6-16-25 1:48PM Yes Yes All proposals meet minimum resposive bidder criteria 7/1/2025 8.9.d Packet Pg. 217 At t a c h m e n t : J O C R F P o p e n i n g s u b m i t t a l b i d t a b 6 - 1 6 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Flash Drive Sealed Price Proposal Yes Yes Yes Yes No Yes No Yes 8.9.d Packet Pg. 218 At t a c h m e n t : J O C R F P o p e n i n g s u b m i t t a l b i d t a b 6 - 1 6 - 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 219 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 220 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 221 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 222 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 223 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 224 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 225 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 226 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 227 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 228 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 229 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 230 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 231 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 232 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 233 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 234 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 235 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 236 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 237 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 238 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 239 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 240 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 241 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.e Packet Pg. 242 At t a c h m e n t : L a n g s h o l t J o c P r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 243 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 244 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 245 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 246 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 247 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 248 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 249 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 250 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 251 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 252 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 253 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 254 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 255 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 256 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 257 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 258 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 259 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 260 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 261 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 262 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 263 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 264 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 265 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 266 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 267 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 268 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 269 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 270 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 271 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 272 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.f Packet Pg. 273 At t a c h m e n t : L i n c o l n J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 274 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 275 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 276 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 277 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 278 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 279 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 280 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 281 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 282 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 283 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 284 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 285 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 286 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 287 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 288 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 289 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 290 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 291 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 292 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 293 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 294 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 295 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 296 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 297 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 298 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 299 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 300 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 301 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 302 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 303 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 304 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 305 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 306 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.g Packet Pg. 307 At t a c h m e n t : S a y b r J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.h Packet Pg. 308 At t a c h m e n t : W o o d r i d g e J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.h Packet Pg. 309 At t a c h m e n t : W o o d r i d g e J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.h Packet Pg. 310 At t a c h m e n t : W o o d r i d g e J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.h Packet Pg. 311 At t a c h m e n t : W o o d r i d g e J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.h Packet Pg. 312 At t a c h m e n t : W o o d r i d g e J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.h Packet Pg. 313 At t a c h m e n t : W o o d r i d g e J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.h Packet Pg. 314 At t a c h m e n t : W o o d r i d g e J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.h Packet Pg. 315 At t a c h m e n t : W o o d r i d g e J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.h Packet Pg. 316 At t a c h m e n t : W o o d r i d g e J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.h Packet Pg. 317 At t a c h m e n t : W o o d r i d g e J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.h Packet Pg. 318 At t a c h m e n t : W o o d r i d g e J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.h Packet Pg. 319 At t a c h m e n t : W o o d r i d g e J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.h Packet Pg. 320 At t a c h m e n t : W o o d r i d g e J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.h Packet Pg. 321 At t a c h m e n t : W o o d r i d g e J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) 8.9.h Packet Pg. 322 At t a c h m e n t : W o o d r i d g e J o c p r o p o s a l 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Reviewer NAME *Phase 1 (Evaluate Responses using form Questionnaire 4.04 for reference)*Phase 2 (Evaluate Responses using section 2.9) Contractor Inclusion Plan (hyperlink)Contractor RFP (hyperlink) #1 Qualifications and Relevant Experience** (50 pts) #2 Technical Capability, Approach, and Capacity** (75 pts) #3 Communications and Customer Service** (50 pts) #4 Risk, Performance and Quality Assurance** (25 pts) Subtotal (200 subtotal) Contractor 4.03 form (hyperlink) Price Proposal (Form 4.03 in respective contractor directory)*** (100 pts)Subtotal Total Langsholt Langsholt 44 60 45 18 167 Langsholt 90 90 257 Lincoln Lincoln 44 65 45 20 174 Lincoln 95 95 269 Saybr Saybr 46 66 42 23 177 Saybr 80 80 257 Woodridge Woodridge 38 50 35 15 138 Woodridge 92 92 230 0 0 *See Form 4.04 tab in this spreadsheet for more info **See Proposal Criteria tab in this spreadsheet for more info ***See Adj Factor Criteria tab in this spreadsheet for scoring info +Inclusion Plan included in RFP 8.9.i Packet Pg. 323 At t a c h m e n t : S c o r i n g S h e e t a n d C r i t e r i a 2 0 2 5 ( C a r l ) ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Reviewer Thom *Phase 1 (Evaluate Responses using form Questionnaire 4.04 for reference)*Phase 2 (Evaluate Responses using section 2.9) Contractor Inclusion Plan (hyperlink)Contractor RFP (hyperlink) #1 Qualifications and Relevant Experience** (50 pts) #2 Technical Capability, Approach, and Capacity** (75 pts) #3 Communications and Customer Service** (50 pts) #4 Risk, Performance and Quality Assurance** (25 pts) Subtotal (200 subtotal) Contractor 4.03 form (hyperlink) Price Proposal (Form 4.03 in respective contractor directory)*** (100 pts)Subtotal Total Langsholt Langsholt 25 50 35 15 125 Langsholt 75 75 200 Lincoln Lincoln 30 60 40 15 145 Lincoln 90 90 235 Saybr Saybr 35 65 40 20 160 Saybr 85 85 245 Woodridge Woodridge 30 50 30 15 125 Woodridge 75 75 200 0 0 *See Form 4.04 tab in this spreadsheet for more info **See Proposal Criteria tab in this spreadsheet for more info ***See Adj Factor Criteria tab in this spreadsheet for scoring info +Inclusion Plan included in RFP 8.9.j Packet Pg. 324 At t a c h m e n t : S c o r i n g S h e e t a n d C r i t e r i a 2 0 2 5 - T h o m ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) Reviewer Greg *Phase 1 (Evaluate Responses using form Questionnaire 4.04 for reference)*Phase 2 (Evaluate Responses using section 2.9) Contractor Inclusion Plan (hyperlink)Contractor RFP (hyperlink) #1 Qualifications and Relevant Experience** (50 pts) #2 Technical Capability, Approach, and Capacity** (75 pts) #3 Communications and Customer Service** (50 pts) #4 Risk, Performance and Quality Assurance** (25 pts) Subtotal (200 subtotal) Contractor 4.03 form (hyperlink) Price Proposal (Form 4.03 in respective contractor directory)*** (100 pts)Subtotal Total Langsholt Langsholt 20 34 25 12 91 Langsholt 79 79 170 Lincoln Lincoln 33 48 35 20 136 Lincoln 100 100 236 Saybr Saybr 35 58 40 22 155 Saybr 75 75 230 Woodridge Woodridge 35 40 25 18 118 Woodridge 82 82 200 0 0 *See Form 4.04 tab in this spreadsheet for more info **See Proposal Criteria tab in this spreadsheet for more info ***See Adj Factor Criteria tab in this spreadsheet for scoring info +Inclusion Plan included in RFP 8.9.k Packet Pg. 325 At t a c h m e n t : S c o r i n g S h e e t a n d C r i t e r i a G r e g 2 0 2 5 ( J o b O r d e r C o n t r a c t i n g p r o g r a m - C o n t r a c t o r r e n e w a l ) City Council Agenda Item Meeting Date: 07/22/2025 Ordinance to Adopt Residential Parking Code Updates (AMD2025-0005) Staff Lead: Mike Clugston Department: Planning Division Preparer: Michael Clugston Background/History At their July 1 meeting, Council voted to adopt the residential parking code updates in Attachment A. Staff Recommendation Adopt the attached ordinance and redline code in Attachment A. Narrative The language in Attachment A was updated consistent with Council's direction to include the affordability and senior housing thresholds contained in SB 5184 (2025). Attachments: Ordinance for Residential Parking Attachment A - Residential Parking Code redline 8.10 Packet Pg. 326 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PARKING REQUIREMENTS FOR RESIDENTIAL DEVELOPMENTS IN EDMONDS COMMUNITY DEVELOPMENT CODE. WHEREAS, the legislature passed several bills recently which amended the Growth Management Act (GMA) and municipal code requirements for residential parking; and WHEREAS, the laws require local governments like Edmonds to update parking requirements for ADUs, multifamily residential, and related standards to facilitate housing construction; and WHEREAS, excessive off-street parking requirements create unnecessary expense and consume valuable land that could otherwise be devoted to the development of dwelling units; and WHEREAS, the planning board reviewed the proposed updates to the city’s off-street parking regulations in chapter 17.50 of the Edmonds Community Development Code (ECDC) on March 26, May 7 and May 14, 2025; and WHEREAS, the board unanimously approved the language proposed in this ordinance on May 14, 2025 after considering several public comments that had been received during their review process; and WHEREAS, this code update is focused on codifying residential parking standards to achieve compliance with state legislation; and WHEREAS, the city council held a public hearing on the proposed updates on June 24, 2025, during which no public comments were received; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. The following new sections are added to Title 21 of the Edmonds Community Development Code, to add definitions that read as set forth in Attachment A, which 8.10.a Packet Pg. 327 At t a c h m e n t : O r d i n a n c e f o r R e s i d e n t i a l P a r k i n g ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) is incorporated herein by this reference as if set forth in full: ECDC 21.05.024 entitled “Affordable housing,” ECDC 21.25.110 entitled, “Extremely low-income housing,” ECDC 21.55.080 entitled, “Low income household,” ECDC 21.60.008 entitled “Major transit stop,” and ECDC 21.110.020 entitled “Very low income household.” Section 2. Parking Space Requirements. ECDC 17.50.020, entitled “Parking space requirements,” is hereby amended to read as set forth in Attachment A, which is incorporated herein by this reference as if set forth in full. Section 3. Parking Lot Construction. Chapter 18.95 ECDC, entitled “Parking lot construction,” is hereby amended to read as set forth in Attachment A, which is incorporated herein by this reference as if set forth in full. Section 4. ADU Parking Requirements. ECDC 16.20.050, entitled “Site development standards – Accessory dwelling units,” is hereby amended to read as set forth in Attachment A, which is incorporated herein by this reference as if set forth in full. Section 5. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: 8.10.a Packet Pg. 328 At t a c h m e n t : O r d i n a n c e f o r R e s i d e n t i a l P a r k i n g ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) BY JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 8.10.a Packet Pg. 329 At t a c h m e n t : O r d i n a n c e f o r R e s i d e n t i a l P a r k i n g ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) 4 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2025, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PARKING REQUIREMENTS FOR RESIDENTIAL DEVELOPMENTS IN EDMONDS COMMUNITY DEVELOPMENT CODE. . The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2025. CITY CLERK, SCOTT PASSEY 4840-7251-8158, v. 1 8.10.a Packet Pg. 330 At t a c h m e n t : O r d i n a n c e f o r R e s i d e n t i a l P a r k i n g ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) ECDC 16.20.050, Site development standards – Accessory dwelling units Page 1 of 3 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Chapter 16.20 RS – SINGLE-FAMILY RESIDENTIAL 16.20.050 Site development standards – Accessory dwelling units. A. General. Accessory dwelling units must meet all of the standards of Chapter 16.20 ECDC except as specifically provided in this section. Detached accessory dwelling units are prohibited in critical aquifer recharge areas as defined in ECDC 23.40.005 until six months after the jurisdiction’s next periodic comprehensive plan update required under RCW 36.70A.130 or June 30, 2025, whichever occurs first. B. Number of Units. A principal dwelling unit may have two accessory dwelling units in one of the following configurations: one attached and one detached accessory dwelling units, two attached accessory dwelling units, or two detached accessory dwelling units. C. Table of ADU Development Standards. Sub District Maximum ADU Gross Floor Area (Sq. Ft.) Minimum DADU Rear Setback1,2 Maximum DADU Height Minimum Parking Spaces RS-20 1,200 25' 24' 0 - 14 RS-12 1,200 25' 24' 0 - 14 RS-10 1,200 20' 24' 0 - 14 RS-8 1,000 10'3 24' 0 - 14 RS-6 1,000 10'3 24' 0 -14 8.10.b Packet Pg. 331 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) ECDC 16.20.050, Site development standards – Accessory dwelling units Page 2 of 3 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. 1 No rear setbacks are required for detached accessory dwelling units from the rear lot line if that lot line abuts a public alley, regardless of detached accessory dwelling unit size; provided, that separation from overhead electrical facilities and vehicular sight distance requirements can be met. 2 Standard street and side setbacks per ECDC 16.20.030 apply. 3 The normally required rear setback may be reduced to a minimum of five feet for a detached accessory dwelling unit 15 feet in height or less. 4 The first accessory dwelling unit on a lot does not require an additional parking space. A second accessory dwelling unit on a lot requires one additional off-street parking space, except that no .parking is required for any ADU located within 0.50 miles of a major transit stop. D. Types of Building. A manufactured or modular dwelling unit may be used as an accessory dwelling unit. Detached accessory dwelling units are allowed to be created in existing legally permitted buildings, including detached garages. Legal nonconforming buildings converted for use as an accessory dwelling unit must meet the requirements of ECDC 17.40.020(D). E. Driveways. Access to the principal unit and any residential units shall comply with city codes and policies as established by ECDC Title 18. F. Utilities. 1. Utility Access. Occupants of accessory dwelling units and the primary unit must have unrestricted access to utility controls for systems (including water, electricity, and gas) in each respective unit or in a common area. 2. Water. Only one domestic water service and meter is allowed per parcel to serve the principal unit and each accessory dwelling unit. Private submetering on the property is allowed, but the city is not involved with installing or reading the submeter. 3. Sewer. Only one sewer lateral is allowed per parcel to serve the principal unit and each accessory dwelling unit. Separate connections to the main trunk line will not be permitted. 4. Septic System. Refer to Chapter 18.20 ECDC. 5. Storm. Refer to Chapter 18.30 ECDC. 6. Other Utilities. All new or extended utilities must be undergrounded in accordance with ECDC 18.05.010. 8.10.b Packet Pg. 332 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) ECDC 16.20.050, Site development standards – Accessory dwelling units Page 3 of 3 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. 7. Mailboxes. Additional mailboxes may be added for each permitted unit as approved by the U.S. Postal Service. G. Health and Safety. Accessory dwelling units must comply with all the applicable requirements of the current building codes adopted by ECDC Title 19 and must comply in all respects with the provisions of the Edmonds Community Development Code. Accessory dwelling units will be required to have separate ingress/egress from the principal dwelling unit. H. Previously Approved Accessory Dwelling Units. ADUs that were previously approved by the city of Edmonds may continue and are not subject to the standards of this section. If expansion or modification to an approved unit is proposed, the ADU must come into full compliance with the requirements of this section. [Ord. 4360 § 3 (Exh. A), 2024]. The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 8.10.b Packet Pg. 333 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) Chapter 17.50 ECDC, Off-Street Parking Regulations Page 1 of 4 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Chapter 17.50 OFF-STREET PARKING REGULATIONS 17.50.020 Parking space requirements. (Refer to ECDC 17.50.010(C) and 17.50.070 for standards relating to the downtown business area.) A. Residential. 1. Single-family and multifamily. a. Single-family dwellings: two spaces per principal dwelling unit, except: b. Multiple residential according to the following table: Type of multiple dwelling unit Required parking spaces per dwelling unit Studio 1.2 1 bedroom 1.5 2 bedrooms 1.8 3 or more bedrooms 2.0 Unless the following exception applies consistent with RCW 36.70A.620: For market rate multifamily housing units that are located within 0.25 miles of a transit stop that receives transit service from at least one route that provides 8.10.b Packet Pg. 334 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) Chapter 17.50 ECDC, Off-Street Parking Regulations Page 2 of 4 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. service at least four times per hour for 12 or more hours per day, minimum residential parking requirements may be no greater than one parking space per bedroom or 0.75 space per unit. 2. Boarding house: one space per bed. 3. Rest home, nursing home, convalescent home, residential social welfare facilities: one space per three beds. 4. No parking is required for affordable housing units or senior housing units meeting federal HOPA (Housing for Older Persons) standards. A covenant is required that prohibits rental to anyone other than qualified tenants. B. Business. 1. Retail stores, including art galleries, convenience stores, department stores, discount stores, drug stores, grocery stores, supermarkets: one space per 300 square feet; 2. Furniture, appliances, and hardware stores: one space per 600 square feet; 3. Services uses, including barber shops, beauty shops, dry cleaners, laundries, repair shops: one space per 600 square feet; 4. Medical, dental and veterinarian offices, banks and clinics: one space per 200 square feet; 5. Business and professional offices with on-site customer service: one space per 400 square feet; 6. Offices not providing on-site customer service: one space per 800 square feet; 7. Bowling alley: four spaces per bowling lane; 8. Commercial recreation: one space per 500 square feet, or one space for each customer allowed by the maximum permitted occupant load; 9. Car repair, commercial garage: one space per 200 square feet; 10. Drive-in restaurants, automobile service station, car dealer, used car lot: one space per 500 square feet of lot area; 8.10.b Packet Pg. 335 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) Chapter 17.50 ECDC, Off-Street Parking Regulations Page 3 of 4 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. 11. Restaurant, tavern, cocktail lounge: if less than 4,000 square feet floor area, one per 200 square feet gross floor area; if over 4,000 square feet floor area, 20 plus one per 100 square feet gross floor area in excess of 4,000 square feet; 12. Plant nurseries (outdoor retail area): one space per 500 square feet of outdoor retail area; 13. Motels and hotels: one space per room or unit; 14. Retail warehouse, building materials yard: one space per 1,000 square feet of lot area or one per three employees; 15. Manufacturing, laboratories, printing, research, automobile wrecking yards, kennels: one space per two employees on largest shift; 16. Mortuary: one space per four fixed seats or per 400 square feet of assembly area, whichever is greater; 17. Marina: to be determined by the hearing examiner, using information provided by the applicant, and the following criteria: a. The type of storage facility (moorage, dry storage, trailer parking) and intended use (sailboats, fishing boats, leisure boats), b. The need to accommodate overflow peak parking demand from other uses accessory to the marina, c. The availability and use of public transit; 18. Storage warehouse: one space per employee; 19. Wholesale warehouse: one space per employee; 20. Adult retail store: one space per 300 square feet; 21. Sexually oriented business (except adult retail store): one space for each customer allowed by the maximum permitted occupant load. C. Community Facilities. 8.10.b Packet Pg. 336 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) Chapter 17.50 ECDC, Off-Street Parking Regulations Page 4 of 4 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. 1. Outdoor places of public assembly, including stadiums and arenas: one space per eight fixed seats, or per 100 square feet of assembly area, whichever is greater; 2. Theaters: one space per five seats; 3. Indoor places of public assembly, including churches, auditoriums: one space per four seats or one space per 40 square feet of assembly area, whichever is greater; 4. Primary and secondary schools: see ECDC 17.100.050(M) for parking standards relating to primary and secondary schools; 5. Residential colleges and universities: six spaces per classroom, or one space per daytime employee, whichever is greater; 6. Nonresidential colleges and universities: one space per daytime employee; 7. Museums, libraries, art galleries: one space per 250 square feet; 8. Day care centers and preschools: one space per 300 square feet, or one per employee, plus one per five students, whichever is larger; 9. Hospitals: three spaces per bed; 10. Maintenance yard (public or public utility): one space per two employees. D. Electric Vehicle (EV) Charging Infrastructure Parking Standards. See Chapter 17.115 ECDC for parking standards relating to electric vehicle (EV) charging infrastructure. [Ord. 4360 § 6 (Exh. A), 2024; Ord. 4333 § 15 (Exh. A), 2023; Ord. 4314 § 57 (Exh. A), 2023; Ord. 4251 § 2 (Exh. A), 2022; Ord. 3496 § 2, 2004]. 8.10.b Packet Pg. 337 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) Chapter 18.95 ECDC, Parking Lot Construction Page 1 of 9 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Chapter 18.95 PARKING LOT CONSTRUCTION Sections: 18.95.000 Permit required. 18.95.010 Application. 18.95.020 Requirements. 18.95.030 Tandem parking prohibited. 18.95.000 Permit required. No person shall construct, modify and/or expand a parking lot without first obtaining approval from the city engineer and a building permit. Except for parking areas intended for not more than four vehicles and accessory to a single-family dwelling, all plans and specifications first be approved by the architectural design board before a permit be issued. [Ord. 2428 § 1, 1984]. 18.95.010 Application. A. Filing. An application shall be filed with the building official, along with the plans for the building or use which the parking lot will serve. In the event that the parking lot is not being constructed for use in conjunction with a building, a site plan shall be submitted which provides the following. shows any and all existing buildings on the lot on which the parking lot is to be constructed as well as all structures within 15 feet of the boundary line of the lot. B. Required Information. The plan shall be drawn on a scale of 1" = 20' and shall include the following: 1. North point and scale; 2. All adjacent streets, alleys, sidewalks and curbs; 3. Existing and proposed landscaping improvements. Existing trees over one foot diameter, in or near the parking lot; 4. Entire ownership of lot or parcel being developed; 8.10.b Packet Pg. 338 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) Chapter 18.95 ECDC, Parking Lot Construction Page 2 of 9 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. 5. The outline location of all existing and proposed structures, including points of ingress and egress; 6. Dimensions and height of building in number of stories or feet and total floor area, existing and proposed; 76. Completely dimensioned parking layouts, clearly showing all spaces and drive aisles; 87. Existing and proposed land contours; 98. Existing and proposed Provisions for stormwater management facilities.drainage control. [Ord. 2471, 1984; Ord. 2428 § 2, 1984]. 18.95.020 Requirements. A. Dimensions. Parking lot layout shall comply with construction standards as set forth by the Public Works Director. 1. Cars. The applicant must provide an aggregate parking area of sufficient size to provide all the required parking spaces at the full width dimensions. If the applicant satisfies this condition, the applicant has the following two choices for meeting the minimum standards for off-street parking dimensions within this aggregate area: a) all at full width method, or b) mixture of full width/reduced width method. a. All at Full Width Method. The A full width parking space shall be no less than eight and one-half feet in width and 16-1/2 feet in length. Minimum standards for off-street parking space dimensions shall not be less than as shown on Figure 18-1, Minimum Parking Lot Requirements for One- and Two-Way Traffic. b. Mixture of Full Width and Reduced Width Method. 1. The applicant must be able to demonstrate that sufficient parking area is available to provide all required parking spaces at the full width dimensions as defined in subsection (b)(2) below. 2. Full Width Parking Stall Size. The full width parking space shall be eight and one-half feet in width and 16-1/2 feet in length. Minimum standards for off-street parking space 8.10.b Packet Pg. 339 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) Chapter 18.95 ECDC, Parking Lot Construction Page 3 of 9 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. dimensions shall not be less than as shown on Figure 18-1, Minimum Parking Lot Requirements for One- and Two-Way Traffic. 3. If the conditions of subsections (b)(1) and (b)(2) above have been satisfied, and the applicant selects this methodology, a maximum of fifty percent of the total provided parking spaces may be sized at reduced width per the parking space dimensions specified in subsection (b)(4) below. 4. Reduced Width Parking Stall Size. The reduced width parking space shall be eight feet in width and 16-1/2 feet in length. Minimum standards for off-street parking space dimensions shall not be less than as shown on Figure 18-1, Minimum Parking Lot Requirements for One- and Two-Way Traffic. 2. Trucks. Parking areas for vehicles with a gross vehicle weight exceeding 8,000 pounds shall be designed to meet sound, commonly accepted specifications necessary for parking such vehicles as designated by the city engineer. 3. Drive aisles. a. One-Way. Minimum width shall not be less than 12-ft. b. Two-Way. Minimum width shall not be less than 24-ft. a.c. Additional width may be required as established by the Fire Department to comply with fire fighting or rescue operations. B. Control Devices. Hard-surfaced parking lots shall use painted stripes to designate spaces. Gravel parking lots shall use durable raised rails and wheelstops and signs to designate spaces. Pedestrian walks shall be distinguished through striping or other means approved by the city engineer. in parking lots shall be protected by curbs or raised rails. C. Pavement. Parking lots shall be hard-surfaced. 1. The city engineer may allow gravel parking lots for temporary parking lots, or where parking is primarily long term. 2. Driveway approaches for gravel parking lots shall be hard-surfaced from the edge of the existing street a distance of 20 feet or to the edge of the property line, whichever is greater. 8.10.b Packet Pg. 340 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) Chapter 18.95 ECDC, Parking Lot Construction Page 4 of 9 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. 1.3. The existence of legally nonconforming gravel surfacing in existing designated parking areas may not be a reason for prohibiting utilization of existing space in the parking area to meet parking standards, up to a maximum of six parking spaces. D. Grades. Maximum parking slopes shall be six percent; minimum slope shall be one percent. The city engineer may waive the maximum slope requirement, up to a maximum of 14 percent, if the applicant can demonstrate that an increase in the slope maximum will not result in conditions that may pose a hazard or otherwise endanger the public’s health, safety or welfare. 1. The city engineer shall consider the following criteria, where applicable, in reviewing an application for waiver: a. The waiver request is not made for the sole purpose of circumventing other requirements of the community development code, general convenience, or to reduce routine construction cost compared to similar projects. b. Site conditions or other city requirements necessitate the request. Site conditions may include but are not limited to the protection of streams, trees and vegetation; addressing storm drainage and ground water concerns; minimizing impacts on adjacent properties; and avoidance of excessive grading or retaining walls. c. Mitigating safety measures as proposed or required by the city engineer can be included in the design and realistically constructed as designed. d. The public welfare will be enhanced. Examples include the enhancement of the aesthetic environment, reduction in potential pollutants, noise, dust or odor, public convenience, and/or the general safety of the public during construction. e. Utilization of existing parking lots with similar profiles to the proposed lots can be shown to operate safely and efficiently. f. The request complies with barrier free design standards and other handicap accessibility related laws, requirements and standards. g. The waiver decision would not be otherwise detrimental to the city. 2. If a waiver is granted, the city engineer will place in the appropriate city file a signed, written statement of findings, reasons and conditions for authorizing the waiver of the parking slip requirement. 8.10.b Packet Pg. 341 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) Chapter 18.95 ECDC, Parking Lot Construction Page 5 of 9 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. E. 3. Driveways and curb cut requirements and aisles shall conform to the standards of ECDC 18.80.060. [Ord. 4085 § 8 (Exh. A), 2017; Ord. 3585 § 1, 2006; Ord. 3121 § 1, 1996; Ord. 2737 § 1, 1989; Ord. 2428 § 3, 1984]. 18.95.030 Tandem parking prohibited. Any required off-street parking space, whether by the requirements of ECDC Title 18 or any other provision of the code, shall be individually accessible.. Tandem or stacked parking may not be utilized to provide any required parking space; except that tandem parking may be permitted in the following instances: A. Tandem spaces may be provided outside of residential development Wwhere an applicant proposes to provide additional parking spaces for the benefit of visitors and residents in addition to those required by the code. , the staff may approve the use of tandem or stacked parking where such tandem parking will not block or impede access to any required space, or present a safety hazard. In no event shall tandem or stacked parking be permitted where its use would increase the permitted density of development. B. On a residentially zoned single-family (RS-zoned) lot, one tandem spaces may be provided in order to meet the minimum required parking on the property. C. Requirements. 1. Parking spaces in tandem apply at a rate of one space for every 20 linear feet. 2. Provisions for turning radius shall be accounted for. 3. Tandem parking shall not block or impede access to any other required spaces, or present a safety hazard An application to provide additional parking spaces as set forth above shall be processed in accordance with the provisions of ECDC 18.00.020. [Ord. 3788 § 14, 2010; Ord. 3344 § 1, 2001; Ord. 2794 § 1, 1990]. Figure 18-1. 8.10.b Packet Pg. 342 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) Chapter 18.95 ECDC, Parking Lot Construction Page 6 of 9 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. FIGURE 18-1 REMOVED FROM CODE AND REPLACED WITH UPDATED CITY STANDARD DETAIL 8.10.b Packet Pg. 343 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) Chapter 18.95 ECDC, Parking Lot Construction Page 7 of 9 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Figure 18-2. 8.10.b Packet Pg. 344 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) Chapter 18.95 ECDC, Parking Lot Construction Page 8 of 9 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. FIGURE 18-2 REMOVED FROM CODE – FIRE MANAGES THESE REQUIREMENTS 8.10.b Packet Pg. 345 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) Chapter 18.95 ECDC, Parking Lot Construction Page 9 of 9 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 8.10.b Packet Pg. 346 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) ECDC Title 21, Definitions Page 1 of 4 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Chapter 21.05 “A” TERMS Sections: 21.05.005 Repealed. 21.05.010 Accessory buildings. 21.05.015 Accessory dwelling unit. 21.05.020 Accessory use. 21.05.021 Adult definitions. 21.05.022 Repealed. 21.05.023 Repealed. 21.05.024 Affordable housing. 21.05.025 Alley. 21.05.030 Animal hospital. 21.05.035 Repealed. 21.05.040 Alteration(s). 21.05.050 Repealed. 21.05.055 Repealed. 21.05.060 Auto wrecking. 8.10.b Packet Pg. 347 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) ECDC Title 21, Definitions Page 2 of 4 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. 21.05.024 Affordable housing. Consistent with RCW 36.70A.030(5), as amended, affordable housing means residential housing whose monthly costs, including utilities other than telephone, do not exceed thirty percent of the monthly income of a household whose income is: (a) For rental housing, sixty percent (60%) of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development; or (b) For owner-occupied housing, eighty percent (80%) of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. Chapter 21.25 “E” TERMS Sections: 21.25.010 Easement. 21.25.020 Equipment shelter or cabinet. 21.25.100 Expressive dance. 21.25.110 Extremely low-income housing. 21.25.110 Extremely low-income housing. Consistent with RCW 36.70A.030(17), as amended, extremely low-income household means a single person, family, or unrelated persons living together whose adjusted income is at or below thirty percent (30%) of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. 8.10.b Packet Pg. 348 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) ECDC Title 21, Definitions Page 3 of 4 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Chapter 21.55 “L” TERMS Sections: 21.55.005 Repealed. 21.55.007 Local public facilities. 21.55.010 Lot. 21.55.015 Lot of record. 21.55.020 Lot area. 21.55.030 Lot depth. 21.55.040 Lot line. 21.55.050 Lot width. 21.55.060 Landslide hazard area and earth subsidence. 21.55.070 Low impact development (LID). 21.55.080 Low income household. 21.55.080 Low income household. Consistent with RCW 36.70A.030(24), as amended, low-income household means a single person, family, or unrelated persons living together whose adjusted income is at or below eighty percent (80%) of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. Chapter 21.60 “M” TERMS Sections: 21.60.002 Repealed. 21.60.004 Repealed. 21.60.006 Repealed. 21.60.008 Major transit stop. 8.10.b Packet Pg. 349 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) ECDC Title 21, Definitions Page 4 of 4 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. 21.60.010 Mobile home. 21.60.020 Mobile home park. 21.60.030 Moorage. 21.60.040 Motel. 21.60.045 Repealed. 21.60.046 Repealed. 21.60.050 Multiple dwelling. 21.60.060 Multiple dwelling units. 21.60.008 Major transit stop. Consistent with RCW 36.70A.030(24), as amended, major transit stop means: (a) a stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW; (b) commuter rail stops; (c) stops on rail or fixed guideway systems; or (d) stops on bus rapid transit routes, including those stops that are under construction. Chapter 21.110 “V” TERMS Sections: 21.110.010 Vacation. 21.110.020 Very low income household. 21.110.020 Very low income household. Consistent with RCW 36.70A.030(46), as amended, very low-income household means a single person, family, or unrelated persons living together whose adjusted income is at or below fifty percent (50%) of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. 8.10.b Packet Pg. 350 At t a c h m e n t : A t t a c h m e n t A - R e s i d e n t i a l P a r k i n g C o d e r e d l i n e ( O r d i n a n c e A d o p t i n g R e s i d e n t i a l P a r k i n g C o d e U p d a t e s ) City Council Agenda Item Meeting Date: 07/22/2025 Interim Ordinance Regarding Impact Fees Staff Lead: Angie Feser Department: Parks, Recreation & Human Services Preparer: Angie Feser Background/History The City of Edmonds has two types of development impacts fees related to parks and traffic capital programs which are found in Edmonds City Code (ECC) 36.06 (attached). These fees are intended to offset the impacts of new development on the city's park and transportation systems by providing capital funding for improvements, expansion or new construction of park and street facilities and infrastructure. The collected impact fees are restricted and cannot be used for routine maintenance and operations. The fee charges are based on previously completed rate studies. In 2023 the State of Washington amended RCW 82.02 that now requires jurisdictions using impact fees to adopt fees which produce proportionately lower impact fees for smaller housing units. (Dept of Commerce Fact Sheet attached) There are three options to calculate new residential housing fees including square footage, number of bedrooms or trips generated. Traffic impact fees are currently calculated on trip generation and therefore, may not be necessarily subject to a fee recalculation. Park impact fees will need to be revised based on the State's new requirement and a rate study update completed. Currently, park impact fees are based on an overall city-wide valuation of the parks capital assets and existing flat rate fees based on new housing unit by type. By changing the calculation approach from housing type to square footage, the park impact fees program will need to be updated. In addition, the city's Park Impact Fees study update is needed since the original study was completed in 2013 and it is recommended to be updated on a regular basis to remain current with inflation and changing park development costs. The Parks & Recreation department will need about a year to complete this work and therefore is requesting Council's approval of an interim ordinance to allow for the time to complete the process. The proposed work plan is included in the attached ordinance. At the Councilmember's request, the implementation date has been revised to September 1, 2025. Next tentatively scheduled steps for the adoption of the ordinance include - August 19th: Public Hearing on the interim ordinance (within 60 days from adoption) 8.11 Packet Pg. 351 Staff Recommendation City council adopt, and conduct a public hearing for, the proposed Impact Fee Ordinance needed to meet the related State of Washington code revisions. Attachments: Interim Ordinance - Park Impact Fees CLEAN Interim ordinance - park impact fees REVISIONS Chapter 3.36 ECC - Impact Fees Impact Fees Fact Sheet 2024-11-18 DOC 8.11 Packet Pg. 352 CITY OF EDMONDS, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM REGULATION RELATED TO IMPACT FEES, SETTING ONE YEAR AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION AND ADOPTING A WORK PLAN WHEREAS, RCW 36.70A.681 limits cities’ ability to charge impact fees for the development of accessory dwelling units to those that are fifty percent of the principal unit; and WHEREAS, RCW 82.02.060 requires cities to use an impact fee schedule that reflect[s] the proportionate impact of new housing units, including multifamily and condominium units, based on the square footage, number of bedrooms, or trips generated, in a housing unit in order to produce a proportionally lower impact fee for smaller housing units; and WHEREAS, the city adopted its park impact fees in 2013 and has not updated those fees since 2014; and WHEREAS, it is appropriate to apply a CPI adjustment to the impact fees that were established in 2013; and WHEREAS, the city intends to commission an impact fee study over the course of the next year; and WHEREAS, the city would like to maximize the exemptions that are allowed under state law as long as such exemptions do not require the use of other city funds; and WHEREAS, it is appropriate to make these changes on an interim basis while that study is being performed; and WHEREAS, it will take about a year for the City to complete a new impact fee study; and WHEREAS, the city council desires to adopt the following interim regulation to temporarily increase impact fees while this work can be done; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Exemptions. ECC 3.36.040, entitled “Exemptions,” is hereby amended to read as follows: 8.11.a Packet Pg. 353 At t a c h m e n t : I n t e r i m O r d i n a n c e - P a r k I m p a c t F e e s C L E A N ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) 3.36.040 Exemptions. A. Except as provided for below, the following shall be exempted from the payment of all impact fees under this chapter: 1. Alteration of an existing nonresidential structure that does not involve a change in use and does not expand the usable space or add any residential units; 2. Miscellaneous improvements that do not expand usable space or add any residential units, including, but not limited to, fences, walls, swimming pools, and signs; 3. Demolition or moving of a structure; 4. Expansion of an existing structure that results in the addition of 100 square feet or less of gross floor area; 5. Replacement of a structure with a new structure of the same size and use at the same site or lot when a building permit application for such replacement is submitted to the city within 12 months of the demolition or destruction of the prior structure. Replacement of a structure with a new structure of the same size shall be interpreted to include any structure for which the gross square footage of the building will not be increased by more than 100 square feet; or 6. Alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed. B. Low-income housing units shall be exempt from paying 80 percent of the impact fees to the extent the units satisfy this subsection. Such exemption shall be conditioned upon the developer recording a covenant that prohibits using the low-income housing units for any purpose other than for low-income housing. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing development and, that if the property is converted to a use other than for low-income housing, the property owner must pay the applicable impact fees in effect at the time of conversion. The covenant shall also require the owner to submit an annual report to the city along with supporting documentation that shows that the low-income units are continuing to be rented in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the housing is located. The covenant shall be in a form acceptable to the city attorney and shall be recorded upon the developer’s payment of the remaining 20 percent of the impact fee. C. Early learning facilities shall be exempt from paying 100 percent of impact fees; 8.11.a Packet Pg. 354 At t a c h m e n t : I n t e r i m O r d i n a n c e - P a r k I m p a c t F e e s C L E A N ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) provided, that the early learning facility satisfies the conditions of this subsection. Such exemption shall be conditioned upon the developer recording a covenant that requires that at least 25 percent of the children and families using the early learning facility qualify for state subsidized child care, including early childhood education and assistance under Chapter 43.216 RCW, and that provides that if the property is converted to a use other than for an early learning facility, the property owner must pay the applicable impact fees in effect at the time of conversion, and that also provides that if at any point during a calendar year the early learning facility does not achieve the required percentage of children and families qualified for state subsidized child care using the early learning facility, the property owner must pay the remaining impact fee that would have been imposed on the development had there not been an exemption. The covenant shall also require the owner to submit an annual report to the city along with supporting documentation that shows that the early learning facility is in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the early learning facility is located. The covenant shall be in a form acceptable to the city attorney and shall be recorded. D. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section, in any other section, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4360 § 1 (Exh. A), 2024; Ord. 4268 § 1, 2022; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. Section 2. Park Impact Fee Rates. ECC 3.36.120, entitled “Park impact fee rates,” is hereby amended to read as follows 3.36.120 Park impact fee rates. The park impact fee rates in this section are generated from the formula for calculating impact fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise provided for independent fee calculations in ECC 3.36.130, exemptions in ECC 3.36.040 and credits in ECC 3.36.050, all new developments in the city will be charged the park impact fee applicable to the type of development as follows: A. Effective September 1, 2025: 1. Residential development: $1.35 per square foot 8.11.a Packet Pg. 355 At t a c h m e n t : I n t e r i m O r d i n a n c e - P a r k I m p a c t F e e s C L E A N ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) 2. Accessory dwelling units: ADUs shall be charged the same rate per square foot as other residential development, PROVIDED THAT the total impact fee for an ADU may not be more than fifty percent of the impact fees that would be charged against the principal unit on the same lot. Where the principal unit and an accessory unit are constructed at the same time, the largest unit shall be considered the principal unit for impact fee purposes. Where an accessory unit is being added to a lot that already has a principal unit, the remaining square footage of the principal unit, after accounting for any reduced square footage of the principal unit for the purposes of creating the accessory unit, shall be the baseline for determining the fifty percent calculation on the impact fees. 3. Nonresidential development: $1.97 per square foot. [Ord. 4360 § 1 (Exh. A), 2024; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. Section 3. Duration of Interim Regulations. As long as the City holds a public hearing on the interim regulations, the interim regulations shall not terminate until one year after the effective date of this ordinance, unless it is repealed sooner. The city council hereby adopts the work plan attached as Exhibit A hereto to justify the one-year period of this interim ordinance pursuant to RCW 36.70A.390. Section 4. Public Hearing on Interim regulations. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the City Council shall hold a public hearing on this interim regulation within sixty (60) days of its adoption. In this case, the hearing shall be held on August 19, 2025, unless the city council, by subsequently adopted resolution, provides for a different hearing date. Section 5. Findings of Fact. The city council hereby incorporates by reference and adopts the whereas clauses above as its findings of fact justifying the adoption of this ordinance. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, 8.11.a Packet Pg. 356 At t a c h m e n t : I n t e r i m O r d i n a n c e - P a r k I m p a c t F e e s C L E A N ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 7. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 8.11.a Packet Pg. 357 At t a c h m e n t : I n t e r i m O r d i n a n c e - P a r k I m p a c t F e e s C L E A N ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2025, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM REGULATION RELATED TO IMPACT FEES, SETTING ONE YEAR AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION AND ADOPTING A WORK PLAN The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2025. CITY CLERK, SCOTT PASSEY 8.11.a Packet Pg. 358 At t a c h m e n t : I n t e r i m O r d i n a n c e - P a r k I m p a c t F e e s C L E A N ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) Exhibit A Park Impact Fees Program Update Work Plan Year Qtr Activity 2025 Q3 Research State of Washington RCW 82.02 amendment relating to impact fee calculation options. Q3 Determine if a new rate study is required. Q3/ Q4 Identify staff resources to manage rate study project and budget amendment required to fund the study. Q3/ Q4 Develop scope of work, advertise and bid for rate study professional services. Q3/ Q4 Select consultant and have approve professional services agreement approved as per city’s purchasing policy. 2026 Q1 Implement parks and/or traffic impacts rate study project. Q2 Council review and approval of rate study and implementation. Q3 Develop specific draft language for updating Edmonds City Code 36.06 and get input from public Q3 Bring draft code to City Council, have public hearing, and adopt final version 8.11.a Packet Pg. 359 At t a c h m e n t : I n t e r i m O r d i n a n c e - P a r k I m p a c t F e e s C L E A N ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) CITY OF EDMONDS, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM REGULATION RELATED TO IMPACT FEES, SETTING ONE YEAR AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION AND ADOPTING A WORK PLAN WHEREAS, RCW 36.70A.681 limits cities’ ability to charge impact fees for the development of accessory dwelling units to those that are fifty percent of the principal unit; and WHEREAS, RCW 82.02.060 requires cities to use an impact fee schedule that reflect[s] the proportionate impact of new housing units, including multifamily and condominium units, based on the square footage, number of bedrooms, or trips generated, in a housing unit in order to produce a proportionally lower impact fee for smaller housing units; and WHEREAS, the city adopted its park impact fees in 2013 and has not updated those fees since 2014; and WHEREAS, it is appropriate to apply a CPI adjustment to the impact fees that were established in 2013; and WHEREAS, the city intends to commission an impact fee study over the course of the next year; and WHEREAS, the city would like to maximize the exemptions that are allowed under state law as long as such exemptions do not require the use of other city funds; and WHEREAS, it is appropriate to make these changes on an interim basis while that study is being performed; and WHEREAS, it will take about a year for the City to complete a new impact fee study; and WHEREAS, the city council desires to adopt the following interim regulation to temporarily increase impact fees while this work can be done; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Exemptions. ECC 3.36.040, entitled “Exemptions,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strikethrough): 8.11.b Packet Pg. 360 At t a c h m e n t : I n t e r i m o r d i n a n c e - p a r k i m p a c t f e e s R E V I S I O N S ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) 3.36.040 Exemptions. A. Except as provided for below, the following shall be exempted from the payment of all impact fees under this chapter: 1. Alteration of an existing nonresidential structure that does not involve a change in use and does not expand the usable space or add any residential units; 2. Miscellaneous improvements that do not expand usable space or add any residential units, including, but not limited to, fences, walls, swimming pools, and signs; 3. Demolition or moving of a structure; 4. Expansion of an existing structure that results in the addition of 100 square feet or less of gross floor area; 5. Replacement of a structure with a new structure of the same size and use at the same site or lot when a building permit application for such replacement is submitted to the city within 12 months of the demolition or destruction of the prior structure. Replacement of a structure with a new structure of the same size shall be interpreted to include any structure for which the gross square footage of the building will not be increased by more than 100 square feet; or 6. Alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed. B. Low-income housing units shall be exempt from paying 80 percent of the street impact fees to the extent the units satisfy this subsection. Such exemption shall be conditioned upon the developer recording a covenant that prohibits using the low-income housing units for any purpose other than for low-income housing. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing development and, that if the property is converted to a use other than for low- income housing, the property owner must pay the applicable impact fees in effect at the time of conversion. The covenant shall also require the owner to submit an annual report to the city along with supporting documentation that shows that the low-income units are continuing to be rented in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the housing is located. The covenant shall 8.11.b Packet Pg. 361 At t a c h m e n t : I n t e r i m o r d i n a n c e - p a r k i m p a c t f e e s R E V I S I O N S ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) be in a form acceptable to the city attorney and shall be recorded upon the developer’s payment of the remaining 20 percent of the street impact fee. C. Except as provided for below, the following shall be exempted from the payment of park impact fees under this chapter: 1. Low-income housing provided by nonprofit organizations such as, but not limited to, Habitat for Humanity. Owners of low-income single-family dwelling units, condominiums and other low-income housing shall execute and record a lien against the property, in favor of the city, for a period of 10 years guaranteeing that the dwelling unit will continue to be used for low-income housing or that impact fees from which the low-income housing is exempted, plus interest, shall be paid. The lien against the property shall be subordinate only to the lien for general taxes. In the event that the development is no longer used for low-income rental housing, the owner shall pay the city the impact fee from which the owner or any prior owner was exempt, plus interest at the statutory rate. Any claim for an exemption for low- income owner occupied housing must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. D. Early learning facilities shall be exempt from paying 80100 percent of street and park impact fees; provided, that the early learning facility satisfies the conditions of this subsection. Such exemption shall be conditioned upon the developer recording a covenant that requires that at least 25 percent of the children and families using the early learning facility qualify for state subsidized child care, including early childhood education and assistance under Chapter 43.216 RCW, and that provides that if the property is converted to a use other than for an early learning facility, the property owner must pay the applicable impact fees in effect at the time of conversion, and that also provides that if at any point during a calendar year the early learning facility does not achieve the required percentage of children and families qualified for state subsidized child care using the early learning facility, the property owner must pay the remaining impact fee that would have been imposed on the development had there not been an exemption. The covenant shall also require the owner to submit an annual report to the city along with supporting documentation that shows that the early learning facility is in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the early learning facility is located. The covenant shall be in a form acceptable to the city attorney and shall be recorded upon the developer’s payment of the 8.11.b Packet Pg. 362 At t a c h m e n t : I n t e r i m o r d i n a n c e - p a r k i m p a c t f e e s R E V I S I O N S ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) remaining 20 percent of the impact fees. D.E. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section, in any other section, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4360 § 1 (Exh. A), 2024; Ord. 4268 § 1, 2022; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. Section 2. Park Impact Fee Rates. ECC 3.36.120, entitled “Park impact fee rates,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strikethrough): 3.36.120 Park impact fee rates. The park impact fee rates in this section are generated from the formula for calculating impact fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise provided for independent fee calculations in ECC 3.36.130, exemptions in ECC 3.36.040 and credits in ECC 3.36.050, all new developments in the city will be charged the park impact fee applicable to the type of development as follows: A. Effective October September 1, 20142025: 1. Single-family house: $2,734.05 per dwelling unit. Residential development: $1.35 per square foot 2. Accessory dwelling units: $1,367.03 per dwelling unit. ADUs shall be charged the same rate per square foot as other residential development, PROVIDED THAT the total impact fee for an ADU may not be more than fifty percent of the impact fees that would be charged against the principal unit on the same lot. Where the principal unit and an accessory unit are constructed at the same time, the largest unit shall be considered the principal unit for impact fee purposes. Where an accessory unit is being added to a lot that already has a principal unit, the remaining square footage of the principal unit, after accounting for any reduced square footage of the principal 8.11.b Packet Pg. 363 At t a c h m e n t : I n t e r i m o r d i n a n c e - p a r k i m p a c t f e e s R E V I S I O N S ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) unit for the purposes of creating the accessory unit, shall be the baseline for determining the fifty percent calculation on the impact fees. 3. Multifamily residential housing: $2,340.16 per dwelling unit. 4. Nonresidential development: $1.34 $1.97 per square foot. [Ord. 4360 § 1 (Exh. A), 2024; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. Section 3. Duration of Interim Regulations. As long as the City holds a public hearing on the interim regulations, the interim regulations shall not terminate until one year after the effective date of this ordinance, unless it is repealed sooner. The city council hereby adopts the work plan attached as Exhibit A hereto to justify the one-year period of this interim ordinance pursuant to RCW 36.70A.390. Section 4. Public Hearing on Interim regulations. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the City Council shall hold a public hearing on this interim regulation within sixty (60) days of its adoption. In this case, the hearing shall be held on August 19, 2025, unless the city council, by subsequently adopted resolution, provides for a different hearing date. Section 5. Findings of Fact. The city council hereby incorporates by reference and adopts the whereas clauses above as its findings of fact justifying the adoption of this ordinance. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful 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 7. 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. 8.11.b Packet Pg. 364 At t a c h m e n t : I n t e r i m o r d i n a n c e - p a r k i m p a c t f e e s R E V I S I O N S ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 8.11.b Packet Pg. 365 At t a c h m e n t : I n t e r i m o r d i n a n c e - p a r k i m p a c t f e e s R E V I S I O N S ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) 1 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2025, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM REGULATION RELATED TO IMPACT FEES, SETTING ONE YEAR AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION AND ADOPTING A WORK PLAN The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2025. CITY CLERK, SCOTT PASSEY 8.11.b Packet Pg. 366 At t a c h m e n t : I n t e r i m o r d i n a n c e - p a r k i m p a c t f e e s R E V I S I O N S ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) 3.36.010 3.36.020 3.36.030 3.36.040 3.36.050 3.36.060 3.36.070 3.36.080 3.36.090 3.36.100 3.36.110 3.36.120 3.36.125 3.36.130 3.36.140 3.36.150 3.36.160 Chapter 3.36 IMPACT FEES Sections: Findings and authority. Definitions. Assessment and payment of impact fees. Exemptions. Credits. Tax adjustments. Appeals. Establishment of impact fee accounts. Refunds. Use of funds. Review. Park impact fee rates. Street impact fee rates. Independent fee calculations. Existing authority unimpaired. Procedures guide. Deferral system for single-family residences. 3.36.010 Findings and authority. The city council of the city of Edmonds (the “council”) hereby finds and determines that new growth and development in the city of Edmonds will create additional demand and need for public facilities in the city of Edmonds, and the council finds that new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. The city of Edmonds has conducted extensive studies documenting the procedures for measuring the impact of new developments on public facilities, has prepared the rate study and procedures guide for park impact fees, has prepared the rate study and procedures guide for transportation impact fees, and hereby incorporates these studies into this title by reference. Therefore, pursuant to Chapter 82.02 RCW, the council adopts the ordinance codified in this chapter to assess impact fees for parks and streets. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the impact fee program. These fees can and will only be applied to projects resulting from city-wide development growth. These fees cannot be used to mitigate existing shortfalls of the park system or street system. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. Ch. 3.36 Impact Fees | Edmonds City Code Page 1 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 367 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) 3.36.020 Definitions. The following words and terms shall have the following meanings for the purposes of this chapter unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090 and ECDC Title 21 or given their usual and customary meaning. A. “Accessory dwelling unit” is defined in ECDC 21.05.015. B. “Building permit” means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. C. “Capital facilities plan” means the capital facilities plan element of a comprehensive plan adopted by the city of Edmonds pursuant to Chapter 36.70A RCW, and such plan as amended. There are many references in state statutes to the “capital facilities plan” (CFP) as the basis for projects that are eligible for funding by impact fees. The parks element of the city of Edmonds comprehensive plan fulfills the requirements of RCW 82.02.050 et seq., pertaining to a “capital facilities plan,” and is considered to be the “capital facilities plan” (CFP) for the purpose of Edmonds’ impact fees for parks. The transportation element of the city of Edmonds comprehensive plan fulfills the requirements of RCW 82.02.050 et seq., pertaining to a “capital facilities plan,” and is considered to be the “capital facilities plan” (CFP) for the purpose of Edmonds’ impact fees for streets. Depending on the context, references to a CFP in the impact fee chapter, rate study, and procedures guide are interpreted as referring to either the parks element of the city of Edmonds comprehensive plan or the transportation element of the city of Edmonds comprehensive plan, including the projects eligible for impact fees listed in Appendix C of the procedures guide for the transportation impact fees. D. “City” means the city of Edmonds. E. “Council” means the city council of the city of Edmonds. F. “Department” means the planning and development department. G. “Development activity” means any construction, expansion, or change in the use of a building or structure that creates additional demand and need for public facilities. H. “Development approval” means any written authorization from the city of Edmonds which authorizes the commencement of a development activity. I. “Director” means the director designated by the mayor to administer the impact fee program or that director’s designee. J. “Dwelling unit” is defined in ECDC 21.20.050. K. “Encumbered” means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. Ch. 3.36 Impact Fees | Edmonds City Code Page 2 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 368 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) L. “Feepayer” is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a land development activity which creates the demand for additional capital facilities, and which requires the issuance of a building permit. “Feepayer” includes an applicant for an impact fee credit. M. Reserved. N. “Hearing examiner” is defined in ECDC 21.40.010. O. “Impact fee” means a payment of money imposed by the city of Edmonds on development activity pursuant to this chapter as a condition of granting development approval in order to pay for the public facilities needed to serve new growth and development. “Impact fee” does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling school impact fees, the cost of reviewing independent fee calculations or any other charge or fee based upon the administrative costs of processing a development application. P. “Impact fee account” or “account” means the account(s) established for each type of public facility for which impact fees are collected. The accounts shall be established pursuant to ECC 3.36.080 and 3.36.090 and comply with the requirements of RCW 82.02.070. Q. “Independent fee calculation” means the impact fee calculation and/or economic documentation prepared by a feepayer to support the assessment of an impact fee other than by the use of the rates listed in ECC 3.36.120 and 3.36.125, or the calculations prepared by the director where none of the fee categories or fee amounts in ECC 3.36.120 and 3.36.125 accurately describe or capture the impacts of the new development on public facilities. R. “Interest” means the average interest rate earned in the last fiscal year by the city of Edmonds. S. “Low-income housing” means housing affordable to, and occupied by, a household whose income does not exceed 80 percent of area median income as reported by the United States Department of Housing and Urban Development for the Seattle-Bellevue metropolitan area. To be considered affordable, for the purpose of this definition, the combined monthly cost of the housing, including rent, utilities, and other charges for the applicable unit, may not exceed 30 percent of the household’s monthly income, adjusted for family size. T. “Occupancy permit” means the permit issued by the city of Edmonds authorizing the building to be occupied where a development activity results in a change in use of the preexisting structure, or the creation of a new use where none previously existed. U. “Owner” means the owner of record of real property, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property. V. “Procedures guide” means the administrative guidance document prepared by the director pursuant to ECC 3.36.150. Ch. 3.36 Impact Fees | Edmonds City Code Page 3 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 369 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) W. “Project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development or users of the project and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the council shall be considered a project improvement. X. “Public facilities” means the public parks, open space and recreation facilities owned by the city of Edmonds or other governmental entities in the context of the park impact fee and means the public streets and roads owned by the city of Edmonds or other governmental entities in the context of the street impact fee. Y. “Rate study” means the “Rate Study for Impact Fees for Parks, Open Space and Recreation Facilities,” city of Edmonds, dated July 12, 2013, in the context of the park impact fee and means the “Rate Study for Impact Fees for Roads,” city of Edmonds, dated October 29, 2009, in the context of the street impact fee. Z. “Residential” or “residential development” means all types of construction intended for human habitation. This shall include, but is not limited to, single-family, duplex, triplex, and other multifamily development. This also includes the residential portion of mixed-use developments. AA. Reserved. BB. “Service area” means the entire corporate limits of the city of Edmonds. CC. “Significant past tax payment” means taxes exceeding five percent of the amount of the impact fee, and which were paid prior to the date the impact fee is assessed and were earmarked or proratable to the same system improvements for which the impact fee is assessed. DD. Reserved. EE. “State” means the state of Washington. FF. Reserved. GG. “System improvements” means public facilities that are included in the city of Edmonds capital facilities plan and are designed to provide service to service areas within the community at large, in contrast to project improvements. [Ord. 4299 § 4 (Exh. A), 2023; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.030 Assessment and payment of impact fees. A. Required. The city shall collect impact fees, based on the rates in ECC 3.36.120 and 3.36.125, from any applicant seeking development approval from the city for any development activity within the city as provided herein, including the expansion of existing structures or uses or change of existing uses that creates additional demand for public facilities. Ch. 3.36 Impact Fees | Edmonds City Code Page 4 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 370 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) 1. For the purposes of this chapter, development activity shall not include miscellaneous improvements that do not add any demand for public facilities, including, but not limited to, fences, walls, swimming pools accessory to a residential use, and signs. 2. For the purposes of this chapter, development activity shall not include replacement of a residential structure with a new residential structure of the same type at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior residential structure. Replacement of a residential structure with a new residential structure of the same type shall be interpreted to include any residential structure for which there is no increase in the number of residential units. 3. For the purposes of this chapter, development activity shall not include alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed. B. Timing and Calculation of Fees. Impact fees shall be assessed based upon the impact fee rates in effect at the time of issuance of the building permit, including but not limited to change of use permit or remodel permit. 1. For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building, the impact fee shall be the applicable impact fee for the new use, less an amount equal to the applicable impact fee for the prior use. 2. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the impact fee rates set forth in ECC 3.36.120 and 3.36.125. 3. Where the impact fees imposed are determined by the square footage of the development, the building official will establish the gross floor area created by the proposed development. 4. Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to ECC 3.36.050 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to ECC 3.36.050 setting forth the dollar amount of the credit awarded. 5. Applicants shall pay an administrative fee that covers the cost of staff time in administering the impact fee program. The amount of the administrative fee shall be established and updated from time to time by resolution of the city council. C. Payment. Unless deferred pursuant to ECC 3.36.160, impact fees shall be paid at the time the building permit or business license is issued by the city. The department shall not issue the required building permit or business license or other approval unless and until the impact fees set forth in ECC 3.36.120 and 3.36.125 have been paid in the amount that they exceed exemptions or credits provided pursuant to ECC 3.36.040 or 3.36.050; provided, that building permits may be issued without impact fee payment when payment is deferred in accordance with ECC 3.36.160. [Ord. 4360 § 1 (Exh. A), 2024; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. Ch. 3.36 Impact Fees | Edmonds City Code Page 5 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 371 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) 3.36.040 Exemptions. A. Except as provided for below, the following shall be exempted from the payment of all impact fees under this chapter: 1. Alteration of an existing nonresidential structure that does not involve a change in use and does not expand the usable space or add any residential units; 2. Miscellaneous improvements that do not expand usable space or add any residential units, including, but not limited to, fences, walls, swimming pools, and signs; 3. Demolition or moving of a structure; 4. Expansion of an existing structure that results in the addition of 100 square feet or less of gross floor area; 5. Replacement of a structure with a new structure of the same size and use at the same site or lot when a building permit application for such replacement is submitted to the city within 12 months of the demolition or destruction of the prior structure. Replacement of a structure with a new structure of the same size shall be interpreted to include any structure for which the gross square footage of the building will not be increased by more than 100 square feet; or 6. Alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed. B. Low-income housing units shall be exempt from paying 80 percent of the street impact fees to the extent the units satisfy this subsection. Such exemption shall be conditioned upon the developer recording a covenant that prohibits using the low-income housing units for any purpose other than for low-income housing. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing development and, that if the property is converted to a use other than for low-income housing, the property owner must pay the applicable impact fees in effect at the time of conversion. The covenant shall also require the owner to submit an annual report to the city along with supporting documentation that shows that the low- income units are continuing to be rented in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the housing is located. The covenant shall be in a form acceptable to the city attorney and shall be recorded upon the developer’s payment of the remaining 20 percent of the street impact fee. C. Except as provided for below, the following shall be exempted from the payment of park impact fees under this chapter: 1. Low-income housing provided by nonprofit organizations such as, but not limited to, Habitat for Humanity. Owners of low-income single-family dwelling units, condominiums and other low-income housing shall execute and record a lien against the property, in favor of the city, for a period of 10 years guaranteeing that the dwelling unit will continue to be used for low-income housing or that impact fees from which the low- income housing is exempted, plus interest, shall be paid. The lien against the property shall be subordinate Ch. 3.36 Impact Fees | Edmonds City Code Page 6 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 372 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) only to the lien for general taxes. In the event that the development is no longer used for low-income rental housing, the owner shall pay the city the impact fee from which the owner or any prior owner was exempt, plus interest at the statutory rate. Any claim for an exemption for low-income owner occupied housing must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. D. Early learning facilities shall be exempt from paying 80 percent of street and park impact fees; provided, that the early learning facility satisfies the conditions of this subsection. Such exemption shall be conditioned upon the developer recording a covenant that requires that at least 25 percent of the children and families using the early learning facility qualify for state subsidized child care, including early childhood education and assistance under Chapter 43.216 RCW, and that provides that if the property is converted to a use other than for an early learning facility, the property owner must pay the applicable impact fees in effect at the time of conversion, and that also provides that if at any point during a calendar year the early learning facility does not achieve the required percentage of children and families qualified for state subsidized child care using the early learning facility, the property owner must pay the remaining impact fee that would have been imposed on the development had there not been an exemption. The covenant shall also require the owner to submit an annual report to the city along with supporting documentation that shows that the early learning facility is in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the early learning facility is located. The covenant shall be in a form acceptable to the city attorney and shall be recorded upon the developer’s payment of the remaining 20 percent of the impact fees. E. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section, in any other section, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4360 § 1 (Exh. A), 2024; Ord. 4268 § 1, 2022; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.050 Credits. A. Pursuant to the requirement of RCW 82.02.060(4), a feepayer shall be entitled to a credit for the value of any dedication of land for, improvement to, or new construction of any system improvements provided by the feepayer, to facilities that are identified in the capital facilities plan and that are required by the city as a condition of approving the development activity. B. The director shall determine if requests for credits meet the criteria in subsection (A) of this section. C. For each request for a credit or credits, the director shall select an appraiser or the feepayer may select an independent appraiser acceptable to the director. D. The appraiser must be prequalified by the city and shall not have a fiduciary or personal interest in the property being appraised. A description of the appraiser’s certification shall be included with the appraisal, and the appraiser shall certify that he/she does not have a fiduciary or personal interest in the property being appraised. Ch. 3.36 Impact Fees | Edmonds City Code Page 7 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 373 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) E. The appraiser shall be directed to determine the total value of the dedicated land, improvements, and/or construction provided by the feepayer on a case-by-case basis. F. The feepayer shall pay for the cost of the appraisal or request that the cost of the appraisal be deducted from the credit which the director may be providing to the feepayer, in the event that a credit is awarded. G. After receiving the appraisal, the director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, the legal description of the site donated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/ her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 60 calendar days shall nullify the credit. H. No credit shall be given for project improvements required of the development by city code and/or SEPA; only dedications in excess of those required by law are eligible for credit. In no event shall this provision be interpreted to authorize cash payment. Nothing herein shall be interpreted to limit the discretion of the city council to decline to accept any proposed dedication. I. A feepayer can request that a credit or credits for impact fees be awarded to him/her for significant past tax payments. For each request for a credit or credits for significant past tax payments for impact fees, the feepayer shall submit receipts and a calculation of past tax payments earmarked for or proratable to the particular system improvement. The director shall determine the amount of credits, if any, for significant past tax payments for public facilities. J. Any claim for credit must be made no later than 20 calendar days after the submission of an application for a building permit. The failure to timely file such a claim shall constitute a final bar to later request any such credit. K. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in ECC 3.36.070. L. A feepayer may, in the alternative, appeal an assessment or mitigation requirement which he believes exceeds the total which may lawfully be imposed. See ECDC 18.50.020(C). [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.060 Tax adjustments. Pursuant to and consistent with the requirements of RCW 82.02.060, the rate study has provided adjustments for future taxes to be paid by the new development which are earmarked or proratable to the same new public facilities which will serve the new development. The impact fee rates in ECC 3.36.120 and 3.36.125 have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. Ch. 3.36 Impact Fees | Edmonds City Code Page 8 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 374 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) 3.36.070 Appeals. A. Any feepayer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit. B. Appeals regarding the amount of the impact fee imposed on any development activity may only be filed by the feepayer of the property where such development activity will occur. This provision shall control over any other provisions of city ordinance. C. The feepayer must first file a request for review regarding impact fees with the director, as provided herein: 1. The request shall be in writing on the form provided by the city; 2. The request for review by the director shall be filed within 14 calendar days of the feepayer’s payment of the impact fees at issue. The failure to timely file such a request shall constitute a final bar to later seek such review; 3. An administrative fee will be imposed for the request for review by the director; this shall be the same as that imposed for a request for reconsideration of a staff decision; 4. The director shall issue his/her determination in writing within 14 days from the receipt of a request for review. D. Determinations of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director’s decision concerning the independent fee calculation which is authorized in ECC 3.36.130, or the fees imposed by the director pursuant to ECC 3.36.120 and 3.36.125, or any other determination which the director is authorized to make pursuant to this chapter, can be appealed to the hearing examiner. E. The decision of the director may be appealed to the hearing examiner as a Type II decision. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.080 Establishment of impact fee accounts. A. Impact fee receipts shall be earmarked specifically and deposited in special interest-bearing accounts. B. There is hereby established a separate impact fee account for the park impact fees collected pursuant to this chapter, the park impact account. There is also hereby established a separate impact fee account for the street impact fees collected pursuant to this chapter, the street impact account. Funds withdrawn from these accounts must be used in accordance with the provisions of ECC 3.36.100 and applicable state law. Interest earned on the fees shall be retained in the respective accounts and expended for the purposes for which the impact fees were collected. Ch. 3.36 Impact Fees | Edmonds City Code Page 9 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 375 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) C. On an annual basis, the administrative services director shall provide a report to the council on the impact fee accounts showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. D. Impact fees shall be expended or encumbered within 10 years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the city to hold the fees beyond the 10-year period. Under such circumstances, and prior to the expiration of the 10-year period, the council shall establish the period of time within which the impact fees shall be expended or encumbered. [Ord. 4314 § 8 (Exh. A), 2023; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.090 Refunds. A. If the city fails to expend or encumber the impact fees within 10 years of when the fees were paid or, where extraordinary or compelling reasons exist, such other time periods as established pursuant to ECC 3.36.080, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first-in, first-out basis. B. The city shall notify potential claimants by first class mail that they are eligible for an impact fee refund. This notification shall be done by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant must be the owner of the property. C. Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. D. Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the city and expended on the appropriate public facilities. E. Refunds of impact fees under this section shall include any interest earned on the impact fees by the city. F. When the city seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the city, but must be expended for the appropriate public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. G. The city shall also refund to the current owner of property for which impact fees have been paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur; provided, that if the city has expended or encumbered the impact fees in good faith prior to the application Ch. 3.36 Impact Fees | Edmonds City Code Page 10 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 376 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) for a refund, the director can decline to provide the refund. If within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition the director for an offset. The petitioner must provide receipts of impact fees previously paid for a development of the same or substantially similar nature on the same property or some portion thereof. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.100 Use of funds. A. Pursuant to this chapter, impact fees: 1. Shall be used for public improvements that will reasonably benefit new development; and 2. Shall not be imposed to make up for deficiencies in public facilities serving existing developments; and 3. Shall not be used for maintenance or operations. B. Impact fees may be spent for public improvements, including, but not limited to, planning, engineering, surveying, land acquisition, right-of-way acquisition, site improvements, necessary off-site improvements, construction, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. C. Impact fees may also be used to recoup public improvement costs previously incurred by the city to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. D. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.110 Review. The fee rates set forth in ECC 3.36.120 and 3.36.125 may be reviewed and adjusted by the council as it deems necessary and appropriate in conjunction with the annual update of the capital facilities plan element of the city’s comprehensive plan. The fee rates may be adjusted 12 months after the effective date of the ordinance codified in this chapter, or 12 months after the most recent review by the council. The council may determine the amount of any adjustment up or down and revise the fee rates set forth in ECC 3.36.120 and 3.36.125. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. Ch. 3.36 Impact Fees | Edmonds City Code Page 11 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 377 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) 3.36.120 Park impact fee rates. The park impact fee rates in this section are generated from the formula for calculating impact fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise provided for independent fee calculations in ECC 3.36.130, exemptions in ECC 3.36.040 and credits in ECC 3.36.050, all new developments in the city will be charged the park impact fee applicable to the type of development as follows: A. Effective October 1, 2014: 1. Single-family house: $2,734.05 per dwelling unit. 2. Accessory dwelling units: $1,367.03 per dwelling unit. 3. Multifamily residential housing: $2,340.16 per dwelling unit. 4. Nonresidential development: $1.34 per square foot. [Ord. 4360 § 1 (Exh. A), 2024; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.125 Street impact fee rates. The street impact fee rates in this section are generated from the formula for calculating impact fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise provided for herein, all new developments in the city will be charged the street impact fee applicable to the type of development as follows in the table below. For properties zoned BD – Downtown Business, an ITE Land Use Code of 814 – Specialty Retail shall be applied. ITE Land Use Code – Description Fee Calculation 2016 (w/ $1,049.41 cost per trip) 2017 (w/ $2,543.01 cost per trip) 2018 (w/ $4,036.61 cost per trip) 2019 and beyond (w/ $5,530.21 cost per trip) 110 – Light Industrial per square foot $1.50 $3.64 $5.77 $7.91 140 – Manufacturing per square foot $1.12 $2.72 $4.32 $5.92 151 – Mini-warehouse per square foot $0.40 $0.97 $1.54 $2.10 210 – Single-family house per dwelling unit $1,196.33 $2,873.60 $4,561.37 $6,249.14 215 – Accessory dwelling units per dwelling unit $3,124.57 Ch. 3.36 Impact Fees | Edmonds City Code Page 12 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 378 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) ITE Land Use Code – Description Fee Calculation 2016 (w/ $1,049.41 cost per trip) 2017 (w/ $2,543.01 cost per trip) 2018 (w/ $4,036.61 cost per trip) 2019 and beyond (w/ $5,530.21 cost per trip) 220 – Apartment per dwelling unit $776.56 $1,881.83 $2,987.09 $4,092.36 230 – Condominium per dwelling unit $629.65 $1,525.81 $2,421.97 $3,318.13 240 – Mobile home per dwelling unit $671.62 $1,627.53 $2,583.43 $3,539.33 251 – Senior Housing per dwelling unit $157.41 $584.89 $928.42 $1,271.95 320 – Motel per room $629.65 $1,525.81 $2,421.97 $3,318.13 420 – Marina per boat berth $188.89 $457.74 $726.59 $995.44 444 – Movie theater per screens $13,166.00 $31,905.90 $50,645.37 $69,384.85 492 – Health/fitness club per square foot $2.78 $6.74 $10.98 $14.66 530 – High school per square foot $0.82 $1.98 $3.15 $4.31 560 – Church per square foot $0.69 $1.68 $2.67 $3.65 565 – Day care center per square foot $6.57 $15.77 $25.02 $34.29 620 – Nursing home per bed $199.39 $483.17 $766.96 $1,050.74 710 – General office per square foot $2.07 $5.01 $7.95 $10.89 720 – Medical office per square foot $3.81 $9.54 $15.14 $20.74 820 – Shopping center per square foot $1.34 $3.26 $5.17 $7.08 826 – Specialty retail per square foot $0.93 $2.06 $3.27 $4.48 850 – Supermarket per square foot $4.80 $10.50 $16.84 $22.84 Ch. 3.36 Impact Fees | Edmonds City Code Page 13 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 379 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) ITE Land Use Code – Description Fee Calculation 2016 (w/ $1,049.41 cost per trip) 2017 (w/ $2,543.01 cost per trip) 2018 (w/ $4,036.61 cost per trip) 2019 and beyond (w/ $5,530.21 cost per trip) 850 – Convenience market 15 – 16 hrs per square foot $5.80 $14.07 $22.38 $30.58 912 – Drive-in bank per square foot $7.00 $15.97 $25.41 $34.73 932 – Restaurant: sit-down per square foot $4.70 $10.04 $15.95 $21.84 933 – Fast food, no drive-up per square foot $9.19 $22.28 $35.36 $48.44 934 – Fast food with drive-up per square foot $11.23 $26.24 $41.66 $57.07 936 – Coffee/donut shop, no drive-up per square foot $5.73 $13.88 $22.04 $30.19 938 – Coffee/donut shop, drive-up, no indoor seating per square foot $10.55 $25.56 $40.37 $55.58 945 – Gas station with convenience per vehicle fueling position $3,347.62 $6,916.99 $10,979.58 $15,042.18 [Ord. 4360 § 1 (Exh. A), 2024; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016]. 3.36.130 Independent fee calculations. A. If in the judgment of the director, none of the fee categories or fee amounts set forth in ECC 3.36.120 and/or 3.36.125 accurately describe or capture the impacts of a new development on parks and/or streets, the department may ask the applicant to conduct independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be agreed to by the director and the feepayer. The documentation submitted shall show the basis upon which the independent fee calculation was made. B. Any feepayer submitting an independent fee calculation will be required to pay the city of Edmonds a fee to cover the cost of reviewing the independent fee calculation. A fee is required by the city for conducting the review of the independent fee calculation plus the actual cost of outside consultant review if required by the city, unless otherwise established by the director, and shall be paid by the feepayer prior to initiation of review. Ch. 3.36 Impact Fees | Edmonds City Code Page 14 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 380 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) C. While there is a presumption that the calculations set forth in the rate study are valid, the director shall consider the documentation submitted by the feepayer, but is not required to accept such documentation or analysis which the director reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The fees or alternative fees and the calculations shall be set forth in writing and shall be mailed to the feepayer. D. Determinations made by the director pursuant to this section may be appealed to the office of the hearing examiner as set forth in ECC 3.36.070. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.140 Existing authority unimpaired. Nothing in this chapter shall preclude the city from requiring the feepayer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with the provisions of Chapters 43.21C and 82.02 RCW. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.150 Procedures guide. The director is authorized to develop a procedures guide to facilitate the city’s administration and enforcement of this chapter. The procedures guide shall be consistent with the provisions of this chapter, shall be for the sole convenience of the city, and shall not vest any rights in or for any other person. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.160 Deferral system for single-family residences. A. An applicant for a building permit for a single-family detached or attached residence may request a deferral of the full impact fee payment until final inspection. The building official may withhold certification of final inspection until the impact fees have been paid in full. B. The amount of impact fees that may be deferred under this section must be determined by the fees in effect at the time the applicant applies for a deferral. C. The term of an impact fee deferral under this section may not exceed 18 months from the date of building permit issuance. Ch. 3.36 Impact Fees | Edmonds City Code Page 15 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 381 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. Disclaimer: The city clerk’s office has the official version of the Edmonds City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. D. An applicant seeking a deferral under this section must grant and record a deferred impact fee lien against the property in favor of the city in the amount of the deferred impact fee. The deferred impact fee lien, which must include the legal description, tax account number, and address of the property, must also be: 1. In a form approved by the city attorney; 2. Signed by all owners of the property, as demonstrated by a current title report, with all signatures acknowledged as required for a deed; 3. Recorded with the Snohomish County auditor’s office; 4. Binding on all successors in title after the recordation; and 5. Junior and subordinate to one mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees. E. If impact fees are not paid in accordance with a deferral authorized by this section, the city may institute foreclosure proceedings in accordance with Chapter 61.12 RCW. F. In addition to the administrative fee collected pursuant to ECC 3.36.030(B)(5), the city shall collect an additional reasonable administrative fee to implement this section from permit applicants who are seeking to delay the payment of impact fees under this section. The amount of the administrative fee shall be established and updated from time to time by resolution of the city council. G. The section shall be construed to be consistent with state law and RCW 82.02.050, in particular. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016]. Ch. 3.36 Impact Fees | Edmonds City Code Page 16 of 16 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 8.11.c Packet Pg. 382 At t a c h m e n t : C h a p t e r 3 . 3 6 E C C - I m p a c t F e e s ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) IMPACT FEES FACT SHEET – PUBLIC DRAFT NOVEMBER 2024 1 IMPACT FEES FACT SHEET | PUBLIC DRAFT – NOVEMBER 2024 Impact Fees State Law Requirements In 2023, Senate Bill 5258 Sec.10 (chapter 337, laws of 2203) amended RCW 82.02 to require local jurisdictions that apply impact fees to adopt impact fees that produce proportionately lower impact fees for smaller housing units. There are three options to calculate these lower fees. RCW 82.02.060(1) states in full: “The local ordinance by which impact fees are imposed: (1) Shall include a schedule of impact fees which shall be adopted for each type of development activity that is subject to impact fees, specifying the amount of the impact fee to be imposed for each type of system improvement. The schedule shall be based upon a formula or other method of calculating such impact fees. The schedule shall reflect the proportionate impact of new housing units, including multifamily and condominium units, based on the square footage, number of bedrooms, or trips generated, in the housing unit in order to produce a proportionally lower impact fee for smaller housing units. In determining proportionate share, the formula or other method of calculating impact fees shall incorporate, among other things, the following…” Also note that RCW 36.70A.681(1)(a) requires impact fees for accessory dwelling units to not be greater than 50 percent of the fees that would be charged for the principal unit on the lot (typically a single-family home). Agency contact Lilith Vespier INFILL HOUSING MANAGER Local Government Division Lilith.Vespier@commerce.wa.gov Phone: 360.890.5100 We strengthen communities GROWTH MANAGEMENT SERVICES 8.11.d Packet Pg. 383 At t a c h m e n t : I m p a c t F e e s F a c t S h e e t 2 0 2 4 - 1 1 - 1 8 D O C ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) Adoption Deadlines Under RCW 82.02.060(10), jurisdictions must comply with impact fee requirements within six months after the jurisdiction’s next periodic comprehensive plan update required under RCW 36.70A.130. Impact Fees Impact fees are one-time fees assessed by a local government on development projects to help pay for new or expanded infrastructure and capital facilities. Cities, towns, and counties in Washington may impose impact fees for these types of system improvements addressed in the Comprehensive Plan capital facilities plan element: • Public streets and roads (including bike and pedestrian facilities intended to support commute trips). • Publicly owned parks, open space, and recreation facilities. • School facilities. • Fire protection facilities. Developments may only be charged for their proportionate share of system improvements (RCW 82.02.020 establishes nexus and proportionality requirements). The 2024 U.S. Supreme Court case Sheetz v. County of El Dorado affirmed that impact fees and other exactions must be related and roughly proportional to the effects of a land use, regardless of whether fees are established by broadly applicable legislation or individual project assessments. Impact fee rate studies must be created and periodically updated to reflect changing costs. Impact fees cannot pay for fixing existing deficiencies, and jurisdictions cannot rely solely on impact fees to pay for infrastructure. More information on impact fees, including the Sheetz v. El Dorado County decision, is available from the Municipal Research and Services Center. Impact Fee Schedule Requirements for Residential Uses Jurisdictions must calculate impact fees for new residential housing units based on the square footage, number of bedrooms, or trips generated in order to produce a proportionally lower impact fee for smaller housing units. Some jurisdictions currently do this on a more granular scale or based on general density, such as charging all multifamily units less than single-family units. RCW 82.02.060(1) requires that impact fees for housing be set on a per-unit basis. For instance, impact fees cannot be based on the total size (e.g. square footage) of a building with multiple units. Cities, towns, and counties adopting capital facilities plans of other agencies (e.g. school districts and fire districts) in order to assess impact fees on their behalf should coordinate with those service providers on impact fee schedules and capital facilities plans. The table below shows a general example of park impact fees imposed on different housing unit types and options a jurisdiction might take to implement for adjustment under RCW 82.02.060(1). Unit Type Per-Unit Parks Impact Fee (Current) Option 1 $2.35/square foot Option 2 $1,100 per bedroom Single-family home, 2,500 square feet, four bedrooms $4,000 (equivalent to $1.60/SF) $5,875 $4,400 Townhouse unit, 1,500 square feet, three bedrooms $4,000 (equivalent to $2.66/SF) $3,525 $3,300 8.11.d Packet Pg. 384 At t a c h m e n t : I m p a c t F e e s F a c t S h e e t 2 0 2 4 - 1 1 - 1 8 D O C ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) Fourplex unit, 1,100 square feet, two bedrooms $2,500 (equivalent to $2.27/SF) $2,585 $2,200 Apartment unit, 900 square feet, two bedrooms $2,500 (equivalent to $2.77/SF) $2,115 $2,200 Example of park impact fees adjusted per RCW 82.02.060(1) Measuring Square Footage 82.02.060(1) does not provide guidance on how to measure square footage, except that the law includes the phrase “in the housing unit.” In multi-unit buildings, this means square footage is excluded for common areas, service areas, mechanical rooms, hallways, stairwells, elevator shafts, storage areas, and other interior spaces shared between units. Square footage within a housing unit can be measured on a gross or net basis, provided the measurement method is consistent across different types and sizes of housing units. Counting Bedrooms and Sleeping Units 82.02.060(1) does not provide guidance on how to count bedrooms. The 2024 International Building Code (IBC) defines bedroom as “Any room or space used or intended to be used for sleeping purposes in either a dwelling unit or a sleeping unit.”1 A bedroom has a minimum size of 70 square feet when intended for use by one occupant and 100 square feet when intended for use by two occupants, plus another 50 square feet per additional occupant.2 Bedrooms have a minimum dimension of seven feet in any plan dimension. Rooms intended as studies, nooks, dens, home offices, walk-in closets, and similar functions should not be counted as bedrooms for the purpose of calculating impact fees. Housing units with zero bedrooms – also known as studio units – could have a lower or equal impact fee rate as one-bedroom units, when a bedroom-based fee schedule is used. Both studios and one-bedroom housing units are typically designed for occupancy by one or two people, and they have similar needs for public services. Sleeping units as part of co-housing development are smaller than traditional multifamily units, and therefore should have lower or no impact fee, depending on the metric for calculating such fees. See RCW 36.70A.535 and the Commerce Co-Living Housing Guidance for more information on co-living and sleeping units. Exemptions The adoption of impact fees by local jurisdictions is optional. When a jurisdiction adopts impact fees they must meet the standards of Chapter 82.02 RCW and WAC 365-196-850 (if the jurisdiction is subject to the Growth Management Act) for assessing impacts, setting fees, and using the fee proceeds. Fee reductions on one type of housing may result in higher fees for other housing, to balance out infrastructure funding needs. The law allows local jurisdictions to provide exemptions, waivers, or reductions for certain residential uses: • Low-income housing may have impact fees reduced or waived under RCW 82.02.060(2). • Emergency homeless or domestic violence shelters may have impact fees waived under RCW 82.02.090(1)(b) RCW 70.123.020. 1 2021 International Property Maintenance Code, Section 202 General Definitions. 2 2021 International Property Maintenance Code, Section 404.4.1 Room area. 8.11.d Packet Pg. 385 At t a c h m e n t : I m p a c t F e e s F a c t S h e e t 2 0 2 4 - 1 1 - 1 8 D O C ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) Other housing types can also be exempt from impact fees, provided the jurisdiction meets the broad public purpose and other criteria under RCW 82.02.060 for how the exemption is provided. An exemption for ADUs is provided by some cities (for either some or all types of impact fees) on the basis that ADUs do not impose significant burden on public infrastructure. Utility Connection Fees Utility connection fees are a separate category of fees from impact fees. Utility connection fees may also be referred to as system development charges, tap-in charges, and hookup fees. These fees are used to provide public utility infrastructure and the fees can also influence the cost of developing housing. This section provides some brief considerations. Municipal utilities are regulated by Chapter 35.92 RCW. Special district water and sewer utilities are regulated by Title 57 RCW. RCW 35.92.025 authorizes cities and towns to “…charge property owners seeking to connect to the water or sewerage system of the city or town as a condition to granting the right to so connect, in addition to the cost of such connection.” Utility connection fee studies should be created and periodically updated to reflect changing costs. There is no state law requiring the same proportionality framework for utility connection fees as RCW 82.02.060(1) does for impact fees. However, utility providers should consider that smaller housing units have less people living in them than larger housing units, and so smaller housing units typically use less electricity and gas, use less water, and generate less sewage and solid waste. State law allows or requires some types of utility providers to provide waived or reduced utility connection fees for certain housing providers and certain types of housing. RCW 35.92.385 allows municipal utilities to “…waive connection charges for properties owned or developed by, or on the behalf of, a nonprofit organization, public development authority, housing authority, or local agency that provides emergency shelter, transitional housing, permanent supportive housing, or affordable housing, including a limited partnership as described in RCW 84.36.560(7)(f)(ii) and a limited liability company as described in RCW 84.36.560(7)(f)(iii).” RCW 35.92.380 requires that such waivers be established pursuant a program established by ordinance. A recent state law update specifically addresses co-living housing. RCW 36.70A.535(8) states: “A city or county may not treat a sleeping unit in co-living housing as more than one-half of a dwelling unit for purposes of calculating fees for sewer connections, unless the city or county makes a finding, based on facts, that the connection fees should exceed the one-half threshold.” If utility purveyors have several rates for different types of dwelling units, the rate applied for co-living should be one-half the rate for multifamily dwelling units, or the closest applicable category. King County treats “microhousing” units as 0.35 of a residential customer equivalent (based on a detached single-family residence) for its monthly sewer capacity charge.3 3 “About the capacity charge.” King County. https://kingcounty.gov/en/dept/dnrp/waste-services/wastewater-treatment/sewer-system- services/capacity-charge/about 8.11.d Packet Pg. 386 At t a c h m e n t : I m p a c t F e e s F a c t S h e e t 2 0 2 4 - 1 1 - 1 8 D O C ( I n t e r i m O r d i n a n c e R e g a r d i n g I m p a c t F e e s ) City Council Agenda Item Meeting Date: 07/22/2025 Public Hearing for Neighborhood Centers & Hubs (NCH) Zoning Code Update Staff Lead: Navyusha Pentakota Department: Planning & Development Preparer: Navyusha Pentakota Background/History In 2024, the city updated its Comprehensive Plan, which included a new growth strategy focused on key commercial and multi-family areas as priority locations for future growth and infrastructure investment. These areas, identified as Neighborhood Centers and Hubs (NCH), are shown in Figure 2.5 of the Comprehensive Plan. NCH designated areas present opportunities to create vibrant, sustainable places that: · Support a mix of residential and commercial uses · Provide walkable access to goods and services · Enhance the public streetscape · Expand the range of housing options To maintain compliance with state requirements following the plan’s adoption, the City Council enacted an interim ordinance on January 14, 2025. The ordinance established zoning regulations for NCH zones and addressed the following key components: · Purpose, applicability, and definitions, including the creation of three mixed-use subdistricts · Site development standards and community benefit provisions tied to floor area incentives for multifamily and mixed-use buildings · Basic design standards, signage regulations, and parking requirements for vehicles, bicycles, and electric vehicle (EV) infrastructure The interim ordinance is a temporary ordinance, adopted to provide a short-term framework for guiding development activity while permanent regulations are developed. Following recent action by the Council, the interim ordinance will expire in mid-September unless it is replaced with a permanent ordinance before that time. Earlier this year, staff began working on a permanent ordinance that builds upon the interim provisions while more thoroughly addressing community concerns and responding to the unique character and needs of the designated Neighborhood Centers and Hubs. Staff Recommendation No recommendation is required at this time. This is a Public Hearing intended to give the public an opportunity to offer comments and input on the draft permanent code. Narrative 9.1 Packet Pg. 387 The draft permanent standards recommended by the Planning Board aim to support vibrant, inclusive neighborhoods by enhancing the streetscape, promoting active ground-floor uses, and improving access to open space and amenities. These standards are designed to support local businesses, encourage housing diversity, and create pedestrian-friendly environments. Specific design standards that enhance street level activity are also being considered. Since the City began work on the permanent NCH mixed use code, several opportunities were provided for community input through open houses, webinars, and neighborhood Walk and Talks. Public feedback helped shape the draft code, addressing key concerns such as allowing single-family remodels/rebuilds, renovations, and expansions; regulating development on steep slopes in Westgate; and ensuring appropriate transitions adjacent to low-density residential zones. Other community concerns regarding excluding areas from the NCH Mixed-Use designation to prevent mixed-use or multifamily developments require modification to the Comprehensive Plan, which will be discussed later this year. The primary goal of the permanent zoning code was to align development regulations with the vision and goals for the NCH areas-supporting a mix of uses, walkable neighborhoods, and high-quality multifamily and mixed-use development. The draft ordinance includes the following key components: Overlays: Targeted overlay areas establish specific standards based on building height, commercial activity, and neighborhood character to sustain and support local businesses. Site and Building Design Standards: These standards promote cohesive and functional development through clear requirements for building orientation, pedestrian connectivity, and integration with public amenity spaces. They also encourage through-block connections and well-designed pedestrian areas with elements such as benches, street trees, planters, and lighting to improve safety and comfort for pedestrians. Building Massing and Frontage Requirements: In response to community concerns, design standards include horizontal and vertical articulation standards to reduce the massing and volume of the buildings and create human-scale development. Active frontage standards and frontage types are included to support pedestrian-oriented, vibrant streetscapes. Open Space and Amenity Requirements: Standards for both public and private amenity spaces ensure new development enhances neighborhood livability, supports recreation and social interaction, and contributes to the public realm. These provisions help integrate gathering spaces and placemaking into neighborhood centers and hubs. Bonus Floor Incentives: Developments may gain up to one additional floor by providing qualifying public amenities such as plazas, indoor community rooms, or other accessible community-oriented spaces. Staff worked closely with the Planning Board to shape these standards. The Planning Board formally made their recommendation the draft permanent NCH zoning code on July 9 (Attachment 1). On July 15th, staff provided an overview of the draft code to the City Council. On July 22nd, at the City Council Public Hearing, community members are welcome to provide comments and feedback on the proposed draft permanent ordinance for the Neighborhood Centers and Hubs Mixed Use. Attachments: Attachment 1 - Planning Board Recommendation NCH 9.1 Packet Pg. 388 Attachment 2 - Public Comments Attachment 3 - Draft NCH Code Updates 9.1 Packet Pg. 389 Page 1 of 5 Planning Board Recommendation Neighborhood Centers and Hubs (NCH) Permanent Code July 11, 2025 To: Mayor Rosen and Edmonds City Council From: Edmonds Planning Board Purpose This memo outlines the Planning Board’s (PB) recommendation to establish a permanent development code, replacing the interim NCH ordinance, in accordance with the 2024 Comprehensive Plan. The purpose of the NCH Zone is to promote development of neighborhood centers and hubs as focal points within the city by bringing together a mix of retail, amenities, and services in proximity to residential uses. It also helps to ensure capacity for multifamily housing to meet the city’s forecasted need for growth consistent with the Comprehensive Plan. Context Designation of specific areas within the city as future Centers and Hubs was completed in the 2024 Comprehensive Plan. Proposed Edmonds Community Development Code (ECDC) Chapter 16.120 provides the regulations to establish, design, and develop NCH in the city. To gain a better understanding of these areas and their borders with existing neighborhoods, many PB members attended Walking Tours organized by the Planning Division. Community feedback on this topic has been substantial. Key issues include the following (not a complete list): • Modification of NCH boundaries. The inclusion or exclusion of specific properties/streets within an NCH zone. As this requires a Comp Plan amendment to change, this is not a topic PB considered at part of the NCH code update discussion 9.1.a Packet Pg. 390 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n N C H ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e Page 2 of 5 and does not offer a recommendation regarding the changes to the NCH desigfnated areas. • Existing single-family development. Not permitting new single-family developments, renovation and expansion of existing single-family homes beyond the existing footprint. • Transition areas. Transitions at borders between LDR and NCH zones. Many residents expressed concerns about building heights. • Steep Slopes. Maintaining a prohibition against further development in the areas of steep slopes in Westgate. • Aesthetics. Preventing the overbuilding of tall multifamily structures; irrevocably changing the aesthetic charm of Edmonds. • Ground floor commercial. Consideration of where commercial uses should be required or optional. • Bonus height incentives. What public amenities are desired in exchange for additional height in designated areas. Process PB reviewed and considered a range of resources for developing its recommendations, including: • City of Edmonds 2024 Comprehensive Plan (17 December 2024), Land Use Section. • Interim Neighborhood Centers and Hubs code in Ordinance 4382. • Preliminary and revised drafts of ECDC Chapter 16.120, Neighborhood Centers and Hubs. • City staff presentations on the 2025 Development Code Update and Design Review: Key Issues (February 26, 2025, March 12, 2025, May 14, 2025, May 28, 2025, and June 11, 2025). • Neighborhood Centers and Hubs and Middle Housing Open House (May 1, 2025). • Planning Board’s Public Hearing on Neighborhood Centers and Hubs (June 11, 2025) Key Decisions 1. Commercial Ground Floor Overlays The Planning Board is in favor of establishing a ‘Commercial Ground Floor’ overlay that requires active uses on a percentage of the ground floor to ensure commercial activity remains a characteristic of the neighborhoods. This approach contributes to economic growth, provides goods and services to surrounding residential areas, promotes an active street front, and enhances the pedestrian experience. 9.1.a Packet Pg. 391 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n N C H ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e Page 3 of 5 2. Overlay Application Area After reviewing all areas within the NCH zone, PB recommended applying the overlay only to parcels with existing commercial uses. This approach maintains commercial vitality without exceeding current market demand (empty storefronts). These areas are shown in the Overlay Maps under the section 16.120.030 (D). 3. Commercial Use Requirements This overlay mandates commercial uses on the ground floor along at least 60% of the street-facing façade or public amenity space, whichever is applicable, and extending to a minimum depth of 45 feet from the building's front (ECDC 16.120.030(C)). 4. Residential Exception (RE) Overlay • Staff initially proposed an RE overlay exempting certain areas from mixed use or multi-family development and to allow single family rebuilds and expansions per LDR standards – allowing what previously existed prior to the implementation of the NCH interim ordinance (12/31/24). However, the Department of Commerce confirmed that such an approach would not be consistent with the Comprehensive Plan’s Mixed-Use designations and so the concept was dropped. • During the meeting on June 25th, in response to the community input and PB discussions, staff revised the proposal to remove the RE overlay and allow single family homes (including rebuilds and expansions) as a permitted use by right in accordance with new LDR site development and design standards. • PB supports this revision as it offers more flexibility to property owners. 5. Transitions to LDR Zones – Height and Setbacks PB concurs with the proposed standards in the draft permanent ordinance that • buildings within this zone must be set back a minimum of 10’ on the side and rear when adjacent to properties within the LDR residential zone and • height of the buildings within 20’ of an LDR zone designated property shall be no greater than 30’ in height. 6. Steep Slopes in Westgate Planning Board voted unanimously to incorporate the steep slope regulations from former WMU code section 22.110.070.D to guide new development in Westgate’s sloped areas. The steep slope and trees help buffer the commercial area from the 9.1.a Packet Pg. 392 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n N C H ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e Page 4 of 5 surrounding residential properties. PB recommends keeping the protected slope line, with a modification east of 100th Avenue W. where the slope doesn’t meet the criteria for steep slopes and inclusion of the protected slope affects development of the existing property. Furthermore, PB recommends a future study to ensure the current slope lines are drawn appropriately or whether the critical areas ordinance and tree code provide sufficient protection. 7. Street Setbacks A 10-foot street setback was proposed to support walkable environment and active frontages. Considering the pedestrian area requirements that include a 5’ buffer and a 7’ sidewalk requirements, PB voted 4-3 to adopt a minimum street setback of 7’ from the property line with a “build-to -line of 15’. This allows flexibility to place the building anywhere between the 7’ – 15’ distance and allows building to articulate, creating more interesting facades instead of a simple block form. At least 50% of the building’s front facing façade must be located at the build-to line located 15’ from the property line. 8. Open/Amenity Space Requirements PB supports setting separate public and private amenity space requirements, as proposed in ECDC 16.120.060(7), to better serve the needs of both residents and the general public depending on project type (e.g., mixed-use vs. residential). • Base Requirement: All mixed-use developments must include at least 10% of the building footprint as public amenity space. • A minimum of 5% of the total residential floor area must be provided as private amenity space. 9. Bonus Floor - Community Benefit Incentive Staff proposed setting additional public amenity space as criteria for the bonus floor incentive to encourage the inclusion of high-quality public spaces within the new developments. • A majority of PB supported the idea of having outdoor spaces like plazas, pocket parks, recreational areas and also indoor community spaces that enhance neighborhood livability in exchange for an additional floor. • Staff and Planning Board went over some of the best practices and common approaches different cities take before making this decision. 9.1.a Packet Pg. 393 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n N C H ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e Page 5 of 5 • An affordable housing incentive was discussed but existing MFTE program achieves the same result, making this a less feasible option in comparison with community spaces. • To encourage the inclusion of spaces for public use and interaction, the Planning Board supports the following incentive criteria where a developer receives o 5 sq. ft of additional floor area for every 1 sq. ft of public amenity space (e.g., outdoor plazas, pocket parks, courtyards, etc.) o 10 sq.ft of additional floor area for every 1 sq.ft of indoor community amenity spaces 10. Building Heights with Bonus Floor The following maximum building heights were supported by the PB when the ground floor includes commercial use and the use is eligible for a bonus floor: a. NCH-4 overlay: Allows a maximum height of 43’ ( Interim Ordinance allows 42’) b. NCH-5 overlay: Allows a maximum height of 53’ ( Interim Ordinance allows 52’) c. Overview of maximum allowed heights with bonus floor incentives: Zone/Overlay Standard Maximum1 When eligible for Bonus floor1 When GBI is applicable1 NCH 30 NA 35 NCH-4 30 40 35 NCH-5 40 50 45 1 When ground floor use is commercial, maximum permitted height adds an additional 3’ shall be allowed in addition to the permitted maximum height. 11. Design Standards The Planning Board supports the proposed design standards as they are consistent with the previous commercial zone design standards and align with the goals set for the NCH mixed use zone to foster walkability, vibrant streetscapes, public spaces and high-quality design. 9.1.a Packet Pg. 394 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n N C H ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e 9.1.b Packet Pg. 395 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 396 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 397 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 398 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 399 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 400 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 401 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 402 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 403 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 404 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 405 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 406 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 407 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 408 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 409 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 410 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 411 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 412 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 413 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 414 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 415 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 416 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 417 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 418 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 419 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 420 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 421 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 422 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 423 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 424 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 425 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 426 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 427 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 428 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 429 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 430 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 431 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 432 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 433 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 434 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 435 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 436 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 437 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 438 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 439 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 440 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 441 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 442 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 443 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) 9.1.b Packet Pg. 444 At t a c h m e n t : A t t a c h m e n t 2 - P u b l i c C o m m e n t s [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 1 of 27 Chapter 16.120 Neighborhood Centers and Hubs Mixed-Use Permanent Ordinance Draft Sections: 16.120.000 Purpose 16.120.010 Effect and Applicability 16.120.020 Deflnitions 16.120.030 Zoning District Overlays 16.120.040 Uses 16.120.050 Site Development Standards 16.120.060 Design Standards 16.120.070 Protected Slopes 16.120.080 Parking Requirements 16.120.090 Bonus Height Incentive Criteria 16.120.000 Purpose. Neighborhood Centers and Hubs (NCH) Mixed-use zone is established to implement the 2024 Comprehensive Plan’s vision for compact mixed-use areas to accommodate future growth and development within the City. These areas are intended to encourage and support i. Neighborhood scale mixed-use developments with retail, offices, services, and amenities along with residential uses. ii. Multi-family developments and a variety of housing types to increase the availability of a diverse range of housing options affordable across income levels. iii. Pedestrian-oriented environments to reduce vehicle dependency and to provide equitable access to everyday needs. iv. Local businesses and attract a diverse range of enterprises and investments to promote overall economic vitality 16.120.010 Effect and Applicability. A. The provisions of this chapter apply to all lots located within the Neighborhood Centers and Hubs (NCH) zone, designated as Mixed-Use on the 2024 Comprehensive Plan Future Land Use Map (Figure 2.5). 9.1.c Packet Pg. 445 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 2 of 27 1. Neighborhood centers include Westgate, Five Corners, Medical District Expansion, and Firdale Village. 2. Neighborhood hubs include North Bowl, East Seaview, South Lake Ballinger, West Edmonds Way, and Maplewood. ` B. The standards established in this chapter apply to all new developments and remodels or major additions, where the total gross fioor area increases by 50 percent or more, whether through horizontal or vertical expansion, within the NCH zone. C. Proposed standards do not apply to single-family developments. New single-family developments, renovations, expansions and their accessory or secondary uses must be regulated by LDR standards in ECDC 16.20. D. Where this chapter confiicts with any other chapters of the Edmonds Community Development Code (ECDC), the standards of this chapter shall prevail within the designated Neighborhood Centers and Hubs zone. 16.120.020 Deflnitions. In implementing this chapter, the following deflnitions apply. “Active use” means a use that generates pedestrian activity and has publicly accessible entrance and visible street-facing facades. Examples include retail, personal services, food and beverage establishments, galleries, and similar uses that are open to the public during regular business hours. “Building Frontage” refers to the front part of the building that faces and interacts with the street or public space. It focuses on the building's design and its relationship to the pedestrian environment. Build-to -Line is a specifled distance or range from the street property line where at least 60% of the primary building façade must be placed. Unlike a setback, which sets a minimum distance, a build-to-line requires the building to front the street, helping create a deflned street edge and support walkable, engaging public spaces. “Community services” mean services provided by a nonproflt or religious organization to aid people in obtaining housing, food, or medical treatment. “Incentive fioor” means the extra or bonus story allowed in a Mixed-Use 4 or Mixed-Use 5 subdistrict if the conditions in ECDC 16.120.090 are met. “Indoor gathering space” means an indoor space, such as a lobby, shared common space, and meeting room, for permitted primary uses. “Live/work unit” means a building or portion of a building that combines a commercial or light industrial activity with a residential living space for the owner of the business, the owner’s employee, or their household. The live/work units shall be designed to accommodate both commercial or light industrial use and a residential unit within the same space. “Artisanal spaces” refers to small-scale manufacturing or production facilities that focus on the creation or assembly of goods with minimal environmental impact. These spaces typically 9.1.c Packet Pg. 446 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 3 of 27 include enclosed fabrication studios, workshops, and craft production areas dedicated to artisanal practices, offering hands-on work environments and often integrating on-site learning or retail outlets. Examples include but not limited to art studios, ceramic studios, custom furniture makers, woodshops, dyeing workshops, artisan bakeries, 3D printing, etc. “Pocket Park” means a small outdoor area that provides dedicated space for passive or active recreation, open to the public. “Retail” means the direct sale of goods or services to the public. “Right-of-way-related uses” means bus stops, utilities, lighting, public signage, bicycle paths, pedestrian access, landscape, and other uses for public beneflt, as typically allowed within or adjacent to a public right of way. “Step-back” means the upper portion of a building that is required to be set (or stepped) further back than the minimum setback. “Street Frontage” refers to the length of the property boundary that directly abuts a street or public right-of-way. “Voluntary Housing ” means assisted living, retirement homes, senior housing, adult family homes, and other housing where residents may voluntarily live. 16.120.030 Zoning District Overlays A. This section establishes three overlays within the NCH zone to enhance street-level activity, opportunities for community placemaking and to accommodate varying building heights. B. Where overlays apply, the speciflc requirements of the overlay must be followed in addition to the development and design standards in this chapter. C. Overlays 1. NCH-4 Overlay a. Applies to areas designated as MU-4 in the Comprehensive Plan Future Land Use Map b. Building heights are permitted to a maximum of 3 stories as standard. c. A fourth story is permitted when meets the bonus fioor criteria outlined in Section 16.120.090. 2. NCH-5 Overlay a. Applies to areas designated as MU-5 in the Comprehensive Plan Future Land Use Map b. Building heights are permitted to a maximum of 4 stories as standard. c. A flfth story is permitted when meets the bonus fioor criteria outlined in Section 16.120.090. 9.1.c Packet Pg. 447 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 4 of 27 3. Commercial Ground Floor Overlay a. The Ground Floor Commercial Overlay is established to identify areas where the ground fioor pedestrian environment must be enhanced to support and sustain commercial activity as a deflning characteristic of the neighborhood. b. The intent is to encourage local business, encourage economic growth, promote active street frontages, and contribute to the creation of vibrant, walkable streetscapes. c. Requirements: i. This overlay requires new development to include active ground-fioor uses that promote walkability and engage the public realm ii. Ground-fioor commercial uses must occupy at least 60% of the street-facing façade or public amenity space, whichever is applicable, and extend a minimum depth of 45 feet from the building's front. iii. Any form of residential use, including live-work units or parking-related uses shall not be considered towards the active frontage requirement. D. Relationship of Overlays to the Base District 1. The base zoning is NCH as designated on the City’s zoning map. 2. The Commercial Ground Floor overlay may overlap with areas where NCH-4 and NCH-5 overlays exist. 3. Where the overlays co-exist, regulations of all overlays shall apply concurrently. 9.1.c Packet Pg. 448 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 5 of 27 D. NCH Overlay Maps A. This section marks the designated Neighborhood Centers and Hubs per the 2024 Comprehensive Plan Future Land Use Map. All these areas are zoned NCH mixed-use on the City’s Zoning map. B. Area-speciflc maps in this section identify where each overlay applies within the respective neighborhood center or hub. These maps deflne the extent of the Commercial Ground Floor, NCH-4, NCH-5 overlays and identify primary streets. Neighborhood Centers 1.Westgate 2.FiveCorners 3. Medical District Expansion 4.Firdale Village Neighborhood Hubs 5.West Edmonds Way 6.East Seaview 7.NorthBowl 8.Maplewood 9.Lake Ballinger 9.1.c Packet Pg. 449 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 6 of 27 9.1.c Packet Pg. 450 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 7 of 27 9.1.c Packet Pg. 451 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 8 of 27 9.1.c Packet Pg. 452 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 9 of 27 16.120.040 Uses The permitted uses are intended to support a vibrant, mixed-use environment that provides residents with access to basic amenities, everyday services and community-oriented spaces within walking distance of their homes, reduces reliance on vehicles, and enhances the overall quality of life. A. Primary Uses 1. Retail stores or sales 2. Service uses 3. Offices 4. Live/Work units 5. Fabrication studios (enclosed) 6. Community and cultural facilities 7. Multifamily housing 8. Middle housing 9. Single-family dwellings Rebuilds, renovations, expansions consistent with LDR-M standards in Chapter 16.20 10. Daycare centers 11. Bed and Breakfast 12. Voluntary housing 13. Hotels (within Westgate, Medical District expansion, Five Corners Centers only) 14. Religious institutions B. Secondary and accessory uses 1. Accessory dwellings (only in conjunction with existing single-family homes) 2. Home occupations 3. Commuter Parking lots* (only in conjunction with a facility otherwise permitted in this zone) 4. Loading zones 5. Private parking of vehicles 6. Outdoor dining consistent with ECDC 17.75 C. Prohibited Uses 1. Automobile sales and services 2. Industrial or heavy manufacturing 3. Warehouses or self-storage facilities 4. Mobile home parks 5. Sexually Oriented Businesses 6. Drive-in/Drive-through establishments 7. New single-family dwellings 8. Recreational Marijuana 9. Commercial parking lots 10. Hospitals 9.1.c Packet Pg. 453 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 10 of 27 11. Motels 12. Wholesale 13. Retail sales require intensive outdoor display or storage services* *Retail sales requiring intensive outdoor display or storage areas, including but not limited to trailer sales, used vehicle lots, or heavy equipment storage, sales, or services, are not permitted. However, limited outdoor display of landscaping and nursery supplies, seasonal displays (e.g., pumpkins, Christmas trees, fiower baskets) are allowed provided the use is integrated into the site design, and screened from adjacent uses and public rights-of-way through landscaping, fencing, or similar design features. Any other uses not mentioned above that might seem to not satisfy the intent of the zone shall be prohibited. D. Uses that become non-conforming when this code is adopted are subject to the provisions of ECDC 17.40, unless otherwise described in this chapter (e.g. Drive-in/Drive- through businesses). 16.120.050 Site Development Standards A. Height Standards. 1. Maximum Building Height In the NCH Mixed-Use zone, the overall building height shall not exceed 30’, unless otherwise specifled in this chapter. 2. Ground Floor Commercial Use When the development includes commercial uses on the ground fioor, the height of the ground fioor must be a minimum of 12’. Under this requirement, the overall building height adds an additional 3’ to the permitted maximum height. 3. NCH-5 Overlay In areas where NCH-5 Overlay exists, the maximum allowable building height is 40’. 4. Single-Family Developments New single-family developments and expansion of existing single-family developments must comply with the height standards specifled in the LDR-M zone, as outlined in ECDC 16.20.030 5. Accessory Dwelling Units (ADUs/DADUs) The maximum height for Accessory Dwelling Units (ADUs) shall be in accordance with the height standards established in ECDC 16.20.060(C). 6. For the purposes of this chapter, maximum height shall exclude railings, chimneys, parapets, mechanical equipment and other exterior building appurtenances that do not provide interior livable space. However, if these features extend above the 9.1.c Packet Pg. 454 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 11 of 27 maximum permitted height, they shall not occupy more than 20% of the building’s roof surface area. B. Stepbacks 1. Portion of the buildings within 20 feet of an LDR zone designated property shall be no greater than 30 feet in height. This limitation applies regardless of any height exceptions, incentives or bonuses that may otherwise be allowed in this chapter. 2. Balconies (no more than 5’), railings, parapets, and similar non-enclosed features may project into the stepback area to encourage human activity and architectural interest. C. Setbacks 1. Street Setback 7 feet Side Setback None1 Rear Setback None1 Build – to – line 15 feet 1All proposed developments must setback a minimum of 10’ when adjacent to properties within the LDR residential zone. 2. Projections permitted into the setbacks i Architectural features such as cornices, eaves, bay windows, or ornamental elements may project into the required setback up to 3 feet. ii Awnings, canopies and roof overhangs may extend into the required front setback up to a maximum of 4 feet along ground-fioor storefronts fronting the designated primary street frontage. iii Balconies and bay windows located on upper stories of mixed-use buildings may project up to a maximum of 5 feet into the setback area. 16.120.060 Design Standards A. Review /Approval Procedure 1. The design standards set forth in this section are subject to administrative review and approval by City staff. 2. If a development proposal seeks to meet the intent of one or more design standards through an alternative approach not explicitly prescribed in this section, such proposal must be reviewed by the Architectural Design Board (ADB) and processed as a Type III decision. 3. Staff / Architectural Design Board shall approve, conditionally approve or deny the proposal based on consistency with the intent and evaluation criteria established in this section. 4. No new development or substantial modiflcation to an existing development shall proceed without prior approval of the required design review. 9.1.c Packet Pg. 455 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 12 of 27 B. Site Design Standards The following site design standards intend to create a safe pedestrian-friendly environment that enhances public spaces, promotes active streetscape, and ensures functional and aesthetically cohesive development. 1. Orientation and placement a. Site layout must prioritize the relationship between the building and the street to promote pedestrian accessibility and create visual interest. b. The primary building must be oriented towards the street or publicly accessible open space on-site. c. Forecourts, Plazas or other public amenity spaces are permitted between the setback and build-to -line. However, at least 50% of the building’s primary façade facing the street must be located at the build to line. d. Storage and mechanical rooms are prohibited along primary frontages except when required to meet flre safety standards 2. Pedestrian Connectivity a. Pedestrian connections must be provided from the nearest sidewalk to the building’s entrance/entrances and public amenity spaces where applicable. b. If multiple buildings exist on site, walkways must be provided connecting all the buildings and public amenity spaces. c. Pedestrian walkways internally must be at least 5 feet wide to support safe and comfortable movement. d. Through-Block Connections: Maps in ECDC 16.120.030 (D) illustrate potential through-block connections intended to break up large blocks and promote a human-scale neighborhood form, reducing pedestrian travel distances, providing direct routes. i If a proposed development is on a lot where a potential through-block connection is marked, pedestrian connections must be provided as part of the development as a public access easement. ii The exact location and alignment of through-block connections shall be determined during the development review process. iii Connections must always remain open and accessible, taking forms such as walkways or shared courts. iv Connections must incorporate active frontages (e.g., storefronts, entries) to promote a vibrant public realm v The Planning Director or a represented designee may approve an alternative to the proposed connection if equivalent connectivity is achieved. 9.1.c Packet Pg. 456 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 13 of 27 3. Pedestrian Area Design a. “Pedestrian area” refers to is the area adjacent to the street, extending from the curb (or edge of pavement if there’s no curb) to the edge of the building within the street setback area. b. Pedestrian area is composed of three distinct zones: the Activity Zone, the Sidewalk Zone, and the Buffer zone. Each zone plays a speciflc and complementary role in supporting a safe, accessible, and engaging streetscape, and must be designed in coordination to foster a cohesive and active public realm. *For illustration purposes only. c. Activity Zone i Location: Adjacent to the building façade, typically within the street setback on the private property ii Intent: To encourage pedestrian interaction with ground-fioor uses and contributes to the overall vibrancy of the public realm. iii Design Requirements: a. Minimum width: 2 feet. b. Must be paved and designed to support street-level interaction. c. Accommodates features that enhance street-level activation, such as seating, retail displays, planters, public art. d. Building entries may have signs, awnings, overhangs, other features that add interest to the building façade within the activity zone. d. Sidewalk Zone i Location: Between the Activity Zone and the Streetscape Zone; typically, within the public right-of-way. However, where there is no sufficient R.O.W, the sidewalk extends onto the private property as part of the development ii Intent: To provide a clear and continuous path for users of all ages and abilities iii Minimum Width: 7 feet. iv Design Requirements: a. Must provide a continuous, unobstructed path for pedestrian movement. 9.1.c Packet Pg. 457 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 14 of 27 b. Shall comply with ADA standards and applicable City engineering and public works requirements. e. Streetscape Zone i Location: Between the curb and the Sidewalk Zone; typically, within the public right-of-way. ii Intent: To improve pedestrian safety and comfort by creating a physical and perceptual buffer from traffic. iii Minimum Width: 5 feet iv Design Requirements: a. May include street trees, pedestrian-scale lighting, benches, bike racks, utilities, stormwater features, and other streetscape amenities. Street trees shall be required in conformance with the Edmonds Street Tree Plan b. Must comply with applicable standards established by the City’s Engineering or Public Works Department. 5. Street Design e. All streets within the Neighborhood Commercial Hub (NCH) zone shall be classifled as either Primary Streets or Secondary Streets, based on the character of existing or proposed building frontages. f. Any neighborhood street that fronts parcels designated with a Commercial Ground Floor Overlay shall be classifled as ‘Primary Street’. g. Primary Streets shall support active, pedestrian-focused, mixed-use environments. h. Pedestrian area along the primary street i Must include all three zones. ii Elements within the Activity Zone shall not obstruct pedestrian activity, limit visual or physical access to the building frontage, or act as permanent barriers between the building at the street level and the sidewalk. iii Fixed elements such as continuous raised planters, walls, or fences that obstruct pedestrian access or limit visual interaction between the exterior and the building front are prohibited. i. All other streets within the NCH zone that are not identifled as Primary Streets shall be classifled as “Secondary Streets”. j. Secondary Streets support a more fiexible, lower-intensity pedestrian environment while still contributing to a walkable, neighborhood environment. k. Along the secondary streets, the pedestrian area must include the Activity zone and Sidewalk zones. l. The Activity Zone on Secondary Streets may incorporate landscaping features designed to soften building edges and enhance the pedestrian environment, provided they do not obstruct clear pedestrian access to building entries. m. The inclusion of a Buffer Zone and additional streetscape enhancements are encouraged and may be provided in accordance with standards established by the City’s Engineering or Public Works Department. 9.1.c Packet Pg. 458 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 15 of 27 n. Where site constraints preclude strict compliance with the requirement, the building line shall be measured one foot behind the line created by that constraint. 6. Open Space a. All new developments must provide a minimum of 15% of the lot area as open space. This can include: i Natural areas, protected critical areas, including wetlands, stream buffers, steep slopes, etc. ii Stormwater management features iii Buffers, and landscaped setback areas b. Open space does not include balconies or areas covered by or located under buildings, such as arcades. c. Open space does not need to be publicly accessible or usable. 7. Amenity Space a. Intent: To enhance the public realm and residential livability by requiring well-designed, functional spaces, separated for public and private usage to promote recreation, relaxation, and social interaction. b. Public Amenity Space: Outdoor spaces within private development that support a variety of activities for various age groups and are always open and accessible to the public for recreation, relaxation, or social interaction. c. Private Amenity Space: Indoor or outdoor space exclusively for residents or tenants, intended to support the livability of residential developments. Access to these spaces may be limited or controlled. d. Public Amenity Space Requirements i. Base Requirement: All mixed-use developments must include at least 10% of the building footprint as public amenity space as a base requirement. ii. Design and Integration: a. These amenity spaces must be strictly integrated into the overall site design, maximizing accessibility and usability for the public. b. The space must meet a minimum dimension of 15’ in any direction, and be designed to support diverse activities (e.g., seating, social gatherings, or recreational uses) and be designed to accommodate users of all ages and abilities. 9.1.c Packet Pg. 459 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 16 of 27 c. Undeflned areas without a clear purpose are discouraged and shall not count as public amenity space. d. Public amenity space must be located on the ground fioor, visible and accessible from the street/sidewalk, creating a strong connection to the public realm. e. Must include public amenity spaces must be well landscaped. f. Decorative landscape (e.g. fiowerbeds) shall not exceed 20% of the total amenity space. g. Must be designed for year-round usability and include pedestrian supportive elements such as benches, steps, ledges for seating, special paving to add interest, accent lighting, and other elements that support active public use. h. Additional features such as public art, murals, water fountains, storm water features, spray parks, etc. are encouraged. iii. If the development consists of multiple buildings a. Required public amenity space requirement may be split across different areas based on the activity or design of each building b. At least 50% of the required amenity space must be centrally located between buildings, forming a shared-use plaza or courtyard, to ensure a cohesive, accessible space for the public. c. Must maintain an equivalent level of accessibility and usability for the public across all areas. iv. Frontages along / facing the public amenity space must include storefronts, street vendors or other pedestrian oriented uses to the extent possible. v. Allowed types of amenity spaces include, but not limited to: • Active or passive recreation areas (e.g., playgrounds, fltness stations) • Lawns or landscaped greens (minimum 60% planted pervious area with seating) • Plazas or squares • Outdoor dining areas (public or semi-public) vi. Public amenity space is encouraged but not required if • The proposed development is less than 2,500 square feet in total area. • The development does not include any ground-fioor commercial use. vii. If the development proposal is only the addition of a parking area without a new building, for parking areas of 2,000 sq. ft. or more, a minimum of 5% of the parking lot area shall be provided as public amenity space. 9.1.c Packet Pg. 460 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 17 of 27 e. Private Amenity Space Requirements i A minimum of 5% of the total residential area must be provided as private amenity space. ii Acceptable types include, but not limited to • Fitness room/ Gym, Spa / Sauna / Steam Room • Residents’ Lounge / Clubroom for events or gatherings, Coworking spaces • Game rooms, children’s play area, pet spa • Package room • Roof decks, terrace garden spaces or other outdoor amenity areas iii For multifamily developments with no active ground-fioor use, interior private amenities (e.g., lounges, fltness rooms) must be located on the ground fioor to maintain street level activation and transparency required. f. Maintenance and Operations i. The developer or property owner is responsible for the ongoing maintenance and operational management of the amenity spaces, ensuring they remain clean, safe, and welcoming for the public. ii. Maintenance must include regular cleaning, landscaping, and repair as necessary. 8. Vehicle Access and Circulation i Driveways must be designed to minimize impact on the pedestrian zones and comply with city engineering standards ii Curb cuts along the public right-of-way shall be minimized and shall be integrated with the streetscape design to promote a continuous, active pedestrian environment. iii No parking shall be allowed within 25 feet of the public right-of-way, except for on-site circulation areas or approved loading zones. iv Surface Parking • shall be located at the side or rear of the building, away from the primary street- facing facade. • shall not be more than 40% of the public street frontage within 100 feet of the primary street. • Parking areas must be buffered with pedestrian walkways, landscaping per standards in ECDC 20.13.030.E. to visually soften the impact of the parking area from the street. v Structure Parking • Shall not be permitted on the ground fioor of the building along the primary frontage. • Must be fully screened from the public street with liner uses or architectural elements along street-facing facade. 9.1.c Packet Pg. 461 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 18 of 27 vi When a parking lot is adjacent to another parking lot, vehicle and pedestrian connections must be provided to facilitate circulation. Shared access points between parking areas shall be encouraged. 9. Screening i Mechanical equipment, open storage, utilities, and trash enclosures must be screened and located away from primary frontages to minimize visibility from neighboring properties and public streets. ii All open storage located in the side or rear yards must be screened by a solid fence or vegetative barrier at least flve feet in height. iii Roof-mounted mechanical equipment shall be screened from public view by parapet walls or integrated roof forms that are compatible with the building's design. iv Screening shall not impede access to utility equipment for maintenance, repair, or emergency access. Access paths and clearances must be maintained at all times. v Screening materials must be durable, weather-resistant, and consistent with the building’s architectural style. vi Landscaped screening must be effective in providing visual cover throughout the entire year, ensuring that the equipment is adequately concealed during all seasons, including winter. vii No screening elements, including fences, are permitted. a. In front of active ground-fioor uses, such as retail storefronts, café entries, and residential stoops, where they may impede pedestrian movement or obstruct visual interaction. b. Within the pedestrian realm or required front setback along primary street- facing frontages, unless integrated as part of an approved outdoor seating or merchandise display area. viii Decorative screens/ fences may be permitted around designated public amenity spaces for the purpose of deflning entry points or enhancing visual interest. a. Such fencing must be primarily decorative in nature. b. The height of decorative fences or screens must not exceed 24 to 36 inches. 10. Lighting i Entrances, walkways, and outdoor amenity spaces must be well-lit for safety and visibility. ii Lighting must be shielded and directed downward, illuminating storefronts and walkways. 9.1.c Packet Pg. 462 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 19 of 27 iii Use lower pole heights near property lines and full cut-off flxtures to reduce glare. iv Poles in parking areas must not exceed 25 feet. v Lighting should not exceed 14 feet in height above sidewalks or walking paths or amenity spaces to ensure it is pedestrian scaled. vi Bollard-style lights are encouraged. vii Solar powered LED light flxtures are encouraged where appropriate. C. Building Design The Building Design standards are intended to create a human scale-built environment that supports street level activity along the primary frontages, interaction between the building and public space while maintaining a cohesive neighborhood character. 1. Entrances i Primary entrances must be visible, accessible from the external streets, sidewalk and public amenity space, and be within 7 inches of sidewalk grade. ii Where active ground-fioor uses exist, a. One pedestrian entrance required every 50 linear feet of the building. b. Recessed storefronts / entrances are encouraged like that of a traditional main street design for inviting streetscapes c. Weather Protection: Weather protection (e.g., awnings, canopies) must be provided for at least 60% of the primary frontages, with a minimum depth of 4 feet and 8 feet clearance. iii On corner lots, a. Primary entrance must be located at or within 15 feet of the corner or feature a chamfered or recessed corner entry. b. Ground-level active uses or amenity spaces must extend a minimum of 30 feet on either side, along each of the intersecting street frontages. 2. Massing and Articulation i Intent: To reduce the perceived scale and visual bulk of buildings and ensure architectural interest in walkable, mixed-use settings. ii These standards apply to all street-facing façades of three or more stories for new developments and substantial renovations. iii Building Massing All facades facing the public street must incorporate at least three (3) of the following articulation strategies, including at least one (1) horizontal and one (1) vertical strategy: 9.1.c Packet Pg. 463 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 20 of 27 ▪ Projections or recesses in the wall plane (minimum depth: 18 inches) ▪ Recessed or projecting architectural elements (e.g., bays, balconies) ▪ Step-backs at upper stories (minimum 3 feet) ▪ Grouped or rhythmic window patterns ▪ Material or color changes used in combination with changes in plane or form ▪ Distinct building volumes or clearly deflned vertical modules ▪ Other architectural features that provide variation and depth to large façades iv Vertical articulation must occur at intervals no greater than 40 feet along the primary street-facing façade. Each articulated segment must differ in plane, material, or form to visually break down the massing. v Projections or recesses must have a minimum depth of 18 inches to count toward articulation. vi Deflned Base and Top: Buildings must incorporate a clearly deflned base and top through changes in materials, fenestration, and/or horizontal banding to distinguish ground fioor from the upper fioors and enhance visual interest from the pedestrian realm. vii Color: Variation in color alone shall not be used to satisfy the required articulation standards. It must be used in conjunction with changes in depth, form, or material. viii Blank Wall Treatment Blank walls exceeding 15 feet in length are not permitted along primary street frontages, unless treated with public art, green walls, or other architectural detailing that creates visual interest at intervals of no more than 20 feet. ix Openings including windows, balconies, bay projections, and similar elements must be arranged in a consistent and intentional pattern and must be proportionate to the overall scale of the building x Balcony requirements: ▪ For residential developments, balconies must be provided for a minimum of 30% of all residential units to encourage outdoor living and architectural variety. ▪ Balconies facing the street or public space shall have a minimum depth of 5 feet and 6 feet in width, except for false or Juliet windows that are less than 16” deep. ▪ Balconies shall not be used for storage and shall be designed to shield or minimize views of any storage space. 9.1.c Packet Pg. 464 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 21 of 27 xi Roofiine Articulation: To provide architectural interest, the roofiine must incorporate distinct modulation strategies such as ▪ Distinct roof forms (e.g., parapets, cornices, gables) ▪ Height variation ▪ Step-backs or overhangs or projections ▪ Material variation xii Rooftop decks and terraces, when provided, associated walls, fencing and/or railings visible from the street level shall complement the design and materials of the overall building. 3. Materials i. All exterior materials must be durable and of high quality that do not deteriorate easily. ii. For buildings with three or more stories, street-facing façades, facades facing the public amenity space must incorporate no more than three (3) distinct exterior materials. These materials must be applied thoughtfully to avoid visual clutter and create a cohesive, unifled appearance. iii. Additional differentiation may be achieved through change in material types, texture, pattern and color. 4. Transparency i When the ground fioor use is commercial, at least 65% of the ground-fioor street-facing façade must be transparent (e.g., windows or doors) to promote interaction between the interior and public space. ii Where ground-fioor use is not commercial, at least 50% of the building’s ground fioor frontage must be transparent. iii Transparency shall be calculated based on the horizontal area of the building façade located between 2 feet and 10 feet above the adjacent flnished grade. For buildings with a ground fioor height of less than 10 feet, the transparency zone shall extend from 2 feet above grade to either the top of the ground fioor wall or the top of the window, whichever is lower. iv To be considered transparent for the purposes of this section, windows shall consist of clear, untinted, and non-refiective glass. v Ground fioor façade glazing must allow direct visual connection between interior spaces and the street or sidewalk. Mirrored or darkly tinted glazing that limits visibility between the interior and adjacent public space is prohibited. 9.1.c Packet Pg. 465 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 22 of 27 vi On the upper fioors, a minimum of 30% of the street facing façade must be transparent. vii A mix of window sizes and conflgurations shall be provided on all street-facing façades to avoid a monotonous appearance. Window patterns must be consistent with the building’s architectural style. 5. Frontage Types All new developments must incorporate one or more of the following frontage types, depending on the type of the building. Multiple frontage types may be combined within a building or block, depending on the use, design and site conditions. i Shopfronts : Characterized by large, transparent glazing with recessed entries, awnings, canopies, or signage bands providing direct access from the sidewalk, and space for commercial display or entry. Ideal for retail, commercial, loft mixed-use, side court mixed use building types. ii Arcade, usually with a covered pedestrian walkway offering continuous sidewalk shelter- ideal for mixed-use or office buildings. The gallery/arcade shall be no less than 8’ wide. This type of frontage is appropriate for commercial, mixed use or live work units. iii Stoop: A small, raised platform leading to a small commercial entrance or a residential entrance for building types such as townhouses, live-work , stacked 9.1.c Packet Pg. 466 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 23 of 27 dwellings, etc. iv Porch: A covered entry extending from the façade - ideal for detached houses or small apartment buildings. v Dooryard: The frontage line is deflned by a low wall or hedge and the main facade of the building is set back a small distance creating a small private outdoor space. It typically features a slightly elevated or recessed area (often just a few steps above or below sidewalk level) that creates a semi-private buffer between the public realm and the interior of the ground fioor unit. Ideal for townhomes, Live-work units, Ground-fioor residential. vi Courtyard/ Plaza: A small communal space, courtyard, or a plaza that serves an amenity space and primary access for multiple units such as cafes, retail stores, residential units, etc....Ideal for mixed use or multifamily buildings. This space can 9.1.c Packet Pg. 467 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 24 of 27 be elevated from the sidewalk level, if so, access must be designed to accommodate all users, ensuring inclusivity and ease of use. *All frontages shown are for illustration purposes only, do not include dimensions. 16.120.70 Protected Slopes A. For lots within the Westgate Neighborhood Center, new development shall protect steep slopes by retaining all existing trees and vegetation on protected slopes, as shown on the map 16.120.70. B. No development activity, including activities such as clearing, grading, or construction of structures or retaining walls, shall extend uphill of the protected slope line shown on the following map. C. Protected slope areas may count toward required open space if they retain existing trees or are supplemented to provide a vegetative buffer. MAP16.120.70 Protected Slopes 9.1.c Packet Pg. 468 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 25 of 27 16.120.080 Parking Requirements A. For single-family homes, additions, renovations, and accessory dwellings, the parking requirements of ECDC 16.20.050 apply. B. For a multiple dwelling, off-street parking is required at a ratio of: 1. At least 1.0 parking space per unit with less than 800 square feet living space. 2. At least 1.25 parking spaces per unit with 800-1200 square feet of living space. 3. At least 1.75 parking spaces per unit with more than 1200 square feet of living space. C. For commercial uses in a building, off-street parking is required at a ratio of: 1. One space for 800 square feet of commercial use when street parking is available within 150 feet of the property line. 2. One space per 500 square feet if street parking is not available within 150 feet of the property line. 3. A commercial or mixed-use building that has less than 1000 square feet of commercial space is not required to have off-street parking if street parking is available within 150 feet of it. D. Parking spaces that satisfy the non-residential parking requirements shall be open to the public throughout business operating hours. E. For community facilities, off-street parking spaces are required pursuant to ECDC 17.50.020.C. 16.120.090 Bonus Floor Incentive Criteria Two incentive programs are available to qualifying developments within NCH zone to support development outcomes that align with the city's sustainability and community-oriented goals. Incentives are not additive. Development proposal must choose one of the incentives while applying. A. Review and Approval Bonus fioor incentives are subject to administrative review and approval by the Director or designee during the development review process. Compliance with this section must be demonstrated through site plans and supporting documentation. B. Green Building Incentive i Purpose. The purpose of the Green Building Incentive is to promote sustainable development practices by offering additional building height in exchange for achieving the green building certiflcation. ii Applicability. a. Green Building incentives apply to all the parcels within the NCH zone. b. These incentives apply to commercial, multifamily residential, and mixed-use developments only. 9.1.c Packet Pg. 469 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 26 of 27 c. Development of new single-family residences is ineligible for these incentives. d. Refer to Chapter 17.100 ECDC for incentives for community facilities. iii New buildings, additions or remodels to existing permitted buildings, may receive an additional flve feet above the permitted height limit of ECDC 16.120.050 by receiving US. Green Building Council® Leadership in Energy and Environmental Design™ (LEED) Gold certiflcation, Master Builders Association of King and Snohomish Counties Built Green® 4-Star certiflcation, or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certiflcation. iv Development must include active commercial uses on the ground fioor for at least 60% of the frontage along the primary street or public amenity space. C. Community Beneflt Incentive i. Purpose. a. The purpose of this section is to encourage the integration of high-quality public and community-oriented amenity spaces within new developments by allowing additional bonus fioor area as an incentive. b. This incentive supports the inclusion of public amenity space such as plazas, pocket parks, recreational areas, and indoor community spaces that enhance neighborhood livability in exchange for an additional fioor. ii. Applicability Community Beneflt incentive applies to all parcels within the NCH-4, NCH-5 overlay areas as designated on the maps in ECDC16.120.030(D), only when meets the criteria stated in this section. iii. Bonus Floor Allowance A bonus fioor of up to 10 feet above the maximum allowed building height (one additional fioor) shall be permitted when qualifying public or community amenity spaces are provided in accordance with the standards below. a. Public Amenity Spaces (Outdoor) Developers receive 5 square feet of additional fioor area for every 1 square foot of qualifying outdoor public amenity space, including but not limited to: ▪ Plazas ▪ Pocket parks ▪ Courtyards ▪ Recreational gathering areas open to the public b. Indoor Community Amenity Spaces Developers may receive 10 square feet of additional fioor area for every 1 square foot of qualifying indoor community amenity space, including but not limited to: 9.1.c Packet Pg. 470 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Page 27 of 27 • Co-working spaces • Public meeting spaces • Indoor recreational facilities accessible to the public • Any other Community facilities iv. The additional public amenity space provided must a. Comply with the requirements of 16.120.060.B.7. b. Must satisfy the requirement to include active uses along the frontages facing the amenity space. c. Must additionally incorporate at least one public art feature. v. Indoor community spaces must be publicly accessible during standard operating hours and maintained by the property owner or a designated entity. vi. Any other amenities not included above, but provide community beneflt, may be approved by the Director if there is a demonstrated public beneflt. vii. Covenants, easements, agreements shall be established where needed to ensure the provision of proposed amenities. D. Overview of maximum allowed heights with bonus fioor incentives: Zone/Overlay Standard Maximum When eligible for Bonus fioor When GBI is applicable NCH 30 NA 35 NCH-4 30 40 35 NCH-5 40 50 45 When ground fioor use is commercial, maximum permitted height adds an additional 3’ shall be allowed in addition to the permitted maximum height as stated in 16.120.050.A. 9.1.c Packet Pg. 471 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 17.75 ECDC, Outdoor Dining Page 1 of 3 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. Chapter 17.75 OUTDOOR DINING Sections: 17.75.010 Outdoor dining – Permitted secondary use. 17.75.020 Outdoor dining – Secondary uses requiring permit. 17.75.030 Repealed. 17.75.010 Outdoor dining – Permitted secondary use. A. Limited outdoor seating for outdoor dining is allowed as a permitted secondary use in the BN – neighborhood business zone, BC – community business zone, BP – planned business zone, BD – downtown business zone, CW – commercial waterfront zone, CG – general commercial zone, WMU – Westgate Mixed Use, MU – medical use zone, and FVMU – Firdale Village mixed useNCH – Neighborhood Centers and Hubs zone. To be established as a permitted secondary use, the outdoor dining area shall comply with at least one of the following criteria: 1.The site is not directly adjacent to any residentially zoned property(ies); 2.The site complies with the landscaping requirements found in Chapter 20.13 ECDC along the property line(s) directly adjacent to residentially zoned property(ies); or 3.The dining area is screened from adjoining residentially zoned property(ies) by a building and/or a four-foot wall, hedge, or solid fence. In addition, all outdoor dining areas shall comply with both of the following criteria: 4.Seating shall be limited to an additional 50 percent of the existing interior seating of the establishment or 30 seats, whichever is greater. 5.Any dining area adjacent to vehicle parking shall be separated by landscaping, curb stop, wall or other suitable barrier to serve as a safety barrier. B.For sites directly adjacent to residentially zoned property, the outdoor dining area shall be closed between the hours of 9:00 p.m. and 8:00 a.m. 9.1.c Packet Pg. 472 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 17.75 ECDC, Outdoor Dining Page 2 of 3 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. C.Areas utilized for outdoor dining shall comply with setback requirements applicable to the site. Temporary buildings or structures used for the outdoor dining use do not require a separate conditional use permit. D.Seating shall be located outside of public rights-of-way. Seating within public rights-of-way is reviewed as bistro dining pursuant to the requirements of ECDC 18.70.030. E.No additional parking stalls shall be required for outdoor dining usage. For any outdoor dining area that would utilize existing nonrequired on-site parking spaces, at least one ADA-accessible space must remain or be located on the site. [Ord. 4299 § 24 (Exh. A), 2023; Ord. 4232 §1 (Exh. A), 2021; Ord. 3871 § 1 (Att. A), 2012; Ord. 3628 § 3, 2007; Ord. 3312 § 1, 2000]. 17.75.020 Outdoor dining – Secondary uses requiring permit. Outdoor dining shall be a secondary use requiring a permit only if the use includes a component subject to a building or fire permit. Components requiring a building or fire permit include, but are not limited to, detached (freestanding) structures and structures attached to a building, such as awnings, canopies, roofs, and pergolas. This use shall be established and maintained in accordance with the terms of this chapter. Any building or structure such as a service stand, fence, planter, kiosk, awning or other shelter utilized in serving outdoor diners shall fully comply with all provisions of ECDC Title 19 building and fire codes. [Ord. 4232 § 1 (Exh. A), 2021; Ord. 3871 § 1 (Att. A), 2012; Ord. 3736 § 19, 2009; Ord. 3628 § 4, 2007; Ord. 3312 § 1, 2000]. 17.75.030 Outdoor dining buildings or structures. Repealed by Ord. 4232. The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. 9.1.c Packet Pg. 473 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 17.75 ECDC, Outdoor Dining Page 3 of 3 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. City Website: www.edmondswa.gov Hosted by General Code. 9.1.c Packet Pg. 474 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 1 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. Chapter 20.60 SIGN CODE Sections: 20.60.000 Purpose. 20.60.005 Definitions. 20.60.010 Permit required. 20.60.015 Design review procedures. 20.60.020 General regulations for permanent signs. 20.60.025 Total maximum permanent sign area. 20.60.030 Wall signs – Maximum area and height. 20.60.035 Window signs – Maximum area. 20.60.040 Projecting signs – Maximum area and height restrictions. 20.60.045 Freestanding signs – Regulations. 20.60.050 Wall graphic and identification structures. 20.60.055 Pedestrian signs. 20.60.060 Campaign signs. 20.60.065 Real estate signs. 20.60.070 Construction signs. 20.60.075 Governmental signs. 20.60.080 Temporary signs. 20.60.090 Prohibited signs. 20.60.095 Exempt signs. 20.60.100 Administration. 20.60.000 Purpose. The purpose of this chapter is to enact regulatory measures to implement those goals and policies stated in the Edmonds Comprehensive Policy Plan and to achieve the following objectives: A. Protect the public right-of-way from obstructions which would impair the public’s use of their right-of-way. 9.1.c Packet Pg. 475 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 2 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. B. Minimize the hazard to the public represented by distractions to drivers from moving, blinking, or other similar forms of signage or visual clutter. C. Provide for distinct signage for each distinct property. D. Encourage the use of graphics/symbols to reduce the visual clutter associated with overly large letters or extensive use of lettering. E. Minimize potential for view blockage and visual clutter along public rights-of-way. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.005 Definitions. For the purposes of the enforcement of this chapter, the following definitions shall apply: “Attached sign” is any sign attached or affixed to a building. Attached signs include wall signs, projecting signs, and window signs. “Boxed cabinet sign” is a permanent sign that is mounted on the face of a building that is roughly rectangular in shape and provides for internal illumination and changing the message of the sign by replacing a single transparent or translucent material such as a Plexiglass/Lexan face. This definition is meant to distinguish between a cabinet sign that is essentially a rectangular box and one that follows the outlines of the letters of the sign, or an “outline cabinet sign.” “Building ID/historic sign” is a permanent sign that identifies or names a building and assists in creating landmarks in the city. Examples include dates, “1890”; names, “Beeson Building”; or addresses. “Campaign sign” is a temporary sign displaying a message relating to a candidate, political party, or issue that is registered or certified for an upcoming election. “Commercial sign” is a sign displayed for the purpose of identifying a commercial use, or advertising a service, product, business or venture that is offered for trade or sale. “Community event banner” is a noncommercial sign composed of cloth, fabric, canvas or similarly flexible material that promotes a temporary community event endorsed, operated or 9.1.c Packet Pg. 476 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 3 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. sponsored wholly or in part by a local public entity the jurisdiction of which includes the city of Edmonds. “Community events” are nonprofit, governmental or charitable festivals, contests, programs, fairs, carnivals or recreational contests conducted within the city. “Construction sign” is a permanent or temporary sign displayed on premises where any physical excavation, construction, demolition, rehabilitation, structural alteration or related work is currently occurring, pursuant to a valid building permit. “Directional symbols” are small in size (two square feet or less) and intended to provide on-site directions to specific locations or areas (such as parking areas, drive-through facilities, ATMs and entries and/or exits), hours of operation, parking limitations, warnings of hazards, prohibition of activities (such as “no parking”), historical markers and similar public information. Directional symbols are not considered to be signage as regulated in this chapter. “Fixed sign” is any sign attached or affixed to the ground or any structure in such a manner so as to provide for continuous display for an extended or indeterminable period of time. Fixed signs include, but are not limited to, freestanding signs and wall signs. “Freestanding sign” is any sign that is not attached or affixed to a building. Freestanding signs can be further described as “monument signs” or “pole signs.” “Governmental sign” is a sign owned, operated or sponsored by a governmental entity, and which promotes the public health, safety or welfare. Governmental signs include, but are not limited to, traffic signs, directional and informational signs, publicly sponsored warning or hazard signs, and community event banners displayed by a governmental entity on public property. “Group sign” is a sign or signs on one sign structure serving two or more businesses sharing a parking facility. “Halo sign” is a sign where the light source is concealed behind an opaque face and the rays of illumination are projected outward around the edges of the sign or directed against the surface behind the sign forming a silhouette or halo effect. Halo signs are not considered to be internally illuminated signs for the purposes of this chapter. “Identification structure” is a structure intended to attract the attention of the public to a site, without the use of words or symbols identifying the businesses. Examples include fountains, sculptures, awnings, and totem poles. 9.1.c Packet Pg. 477 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 4 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. “Internally illuminated signs” include any sign where light shines through a transparent or semi-transparent sign face to illuminate the sign’s message. Exposed neon is considered to be a form of internal illumination. “Marquee” or “canopy” is a permanent roofed structure attached and supported by the building. “Marquee sign” is any sign attached to or made a part of a building marquee. A marquee sign is a form of projecting sign. “Monument signs” are freestanding signs that have integrated the structural component of the sign into the design of the sign and sign base. “Noncommercial sign” is a sign that is intended to display a religious, charitable, cultural, governmental, informational, political, educational, or artistic message, that is not primarily associated with a good, product, or service offered for sale or trade. Noncommercial signs include signs advertising incidental and temporary commercial activities conducted by churches and nonprofit businesses, clubs, groups, associations or organizations. “Off-premises sign” is any sign that advertises or relates to a good, product, service, event, or meeting, that is offered, sold, traded, provided, or conducted at some location or premises other than that upon which the sign is posted or displayed. Off-premises signs include all signs posted or displayed in the public right-of-way. “On-premises sign” is any sign that advertises or relates to a good, product, service, event, or meeting that is lawfully permitted to be offered, sold, traded, provided, or conducted at the location or premises upon which the sign is posted or displayed. On-premises signs also include signs not related to any particular location or premises, such as signs displaying religious, charitable, cultural, governmental, informational, political, educational, or artistic messages that are intentionally displayed by the owner of the property or premises upon which the sign is displayed. 9.1.c Packet Pg. 478 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 5 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. “Outline cabinet sign” is a permanent sign that is mounted on the face of a building that roughly follows the shape of the text or symbology of the sign and provides for internal illumination. This definition is meant to distinguish between a cabinet sign that follows the outlines of the letters of the sign and one that is essentially a rectangular box or a “boxed cabinet sign.” An “outlined cabinet sign” will be treated more like an “individual letter sign” where the area of the sign is calculated based on the actual outlined shape of the sign. “Permanent sign” is a fixed or portable sign intended for continuous or intermittent display for periods exceeding 60 days in any calendar year. “Pole signs” are freestanding signs where the structural support for the sign is one or more exposed pole(s). Pole signs may include community event banners where the banner is supported by at least two poles that are permanently attached to the ground (“pole-mounted community event banners”). However, pole signs with two poles that are not more than six feet in height are considered to be monument signs. “Portable sign” is any sign that is readily capable of being moved or removed, whether attached or affixed to the ground, or any structure that is typically intended for temporary display. Portable signs include, but are not limited to: 1. Signs designed and constructed with a chassis or support with or without wheels; 2. Pedestrian signs, including signs such as A-frame (sandwich board), stanchion, easel, or post-style signs intended as freestanding signs in pedestrian environments; Left: Stanchion sign 3. Wooden, metal, or plastic “stake” or “yard” signs; 4. Posters or banners affixed to windows, railings, overhangs, trees, hedges, or other structures or vegetation, except for pole-mounted community event banners; 9.1.c Packet Pg. 479 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 6 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. 5. Signs mounted upon vehicles parked and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used in the normal day-to-day operation of the business, and except for signs advertising for sale the vehicle upon which the sign is mounted; 6. Searchlights; 7. Inflatables. “Premises” is the actual physical area of the lot upon which a sign is posted or displayed. “Projecting sign” is any sign attached or affixed to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall. “Reader board sign” is a sign that is designed to allow for a change in the message, either by adding or removing plastic letters, or by means of electronics and lights. Reader boards do not include signs which have a changeable message where the sign does not change more than once per day and where the changeable features are integrated with the background and overall design of the sign, including the sign’s typefaces, colors and symbology. Individual letters or numbers placed on a solid-colored background is considered to be a reader board. Two signs at left: Acceptable changeable message sign; Two signs at right: A reader board. 9.1.c Packet Pg. 480 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 7 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. “Real estate sign” is a sign displaying a message relating to the sale or rent of real property. “Sign” is any structure, device or fixture that is visible from a public place, that incorporates graphics, symbols, or written copy for the purposes of conveying a particular message to public observers, including wall graphics or identification structures. “Sign area” is the area of a sign on which copy is to be placed, as set forth in ECDC 20.60.020(A). “Temporary sign” is a sign intended for short-term display, not to exceed 60 calendar days in any calendar year. Window signs meeting the requirements of ECDC 20.60.035 are not regulated as temporary signs. “Wall graphic” is a wall sign, including murals, in which color and form, and primarily without the use of words, are a part of the overall design on the building(s) where the wall graphic is proposed. A wall graphic may be painted or applied (not to exceed one-half inch in thickness) to a building as a part of its overall color and design, but may not be internally lighted. Internally lighted assemblies, including those which project from the wall of the structure, or which are located on any accessory structure on the site, shall be considered wall signs and comply with the requirements of this chapter. “Wall sign” is a sign that is attached or affixed to a wall and that is parallel to and not projecting more than 12 inches at any angle from such wall. Wall signs include signs that are painted directly upon a wall. “Window sign” is a sign that is attached or affixed to a window, or a sign displayed within 24 inches of the inside of a window in such a manner as to be visible from any public place. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3800 § 1, 2010; Ord. 3631 § 1, 2007; Ord. 3628 § 8, 2007; Ord. 3561 § 1, 2005; Ord. 3514 § 1, 2004; Ord. 3461 § 2, 2003]. 9.1.c Packet Pg. 481 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 8 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. 20.60.010 Permit required. A. Except as provided in this chapter, no permanent sign may be constructed, installed, posted, displayed or modified without first obtaining a sign permit approving the proposed sign’s size, design, location, and display as provided for in this chapter. B. Design approval is not required for the posting of permanent signs in residential zones; provided, that the restrictions and standards of this chapter are met. If additional signage is requested for conditional or nonconforming uses in residential zones, the property owner shall apply for design review. Design review is not required for any sign which does not require a building permit. C. A sign modification shall include, but is not limited to, relocations, modifications to size, design, height or color scheme, or the replacement of 25 percent or more of the structural material in the sign area. Normal and ordinary maintenance and repair, and changes to the graphics, symbols, or copy of a sign, without affecting the size, structural design, height, or color scheme, shall not constitute modifications for purposes of this section. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3514 § 2, 2004; Ord. 3461 § 2, 2003]. 20.60.015 Design review procedures. A. Staff Approval. Except as referred to the architectural design board pursuant to subsection (A)(1) of this section, and except as provided in subsection (B) of this section, the planning manager, or designee, shall review all applications for design review under this chapter, and shall approve, conditionally approve or deny the application in accordance with the policies of ECDC 20.10.000 and the standards and requirements of this chapter; provided, that for murals and artwork the planning manager or designee shall review the application in accordance with the criteria set forth in subsection (C) of this section. The decision of the planning manager on any sign permit application shall be final except that signs reviewed by the architectural design board are appealable to the hearing examiner. 1. The planning manager or designee may refer design review applications to the architectural design board for the types of signs listed below, where the planning manager determines that the proposed sign has the potential for significant adverse impacts on community aesthetics or traffic safety: 9.1.c Packet Pg. 482 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 9 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. a. Any sign application for an identification structure as defined by this chapter; b. Any sign application for a wall graphic as defined by this chapter; c. Any proposed sign that the planning manager determines to be obtrusive, garish or otherwise not consistent with the architectural features of the surrounding neighborhood. B. Review by Architectural Design Board. The architectural design board shall review those signs listed in subsection (B)(1) of this section and any sign permit referred by the planning manager pursuant to subsection (A)(1) of this section. 1. The ADB shall review any sign permit application that requests a modification to any of the standards prescribed by this chapter. The ADB shall only approve modification requests that arise from one of the following two situations: a. The request is for signage on a site that has a unique configuration, such as frontage on more than two streets, or has an unusual geometric shape or topography; b. The request is for signage on a building that has unique architectural elements or features or details that substantially restrict the placement or size of signage relative to other buildings in the vicinity. 2. The ADB may approve the requested modification only if it meets the following criteria: a. The design of the proposed signage must be compatible in its use of materials, colors, design and proportions with development throughout the site and with similar signage in the vicinity; b. In no event shall the modification result in signage which exceeds the maximum normally allowed by more than 50 percent. C. Staff Review of Murals and Artwork. When a proposed wall graphic is proposed as a mural or artwork, the planning manager or designee shall review and approve, conditionally approve, or deny the application in accordance with the following criteria. While a separate sign permit is required for each wall graphic, the staff may make a single design review decision on wall graphics that consist of related murals or artwork. Related murals or artwork may include multiple proposals for sites within reasonable proximity to each other that are related by theme, style, materials used, and/or context. The decision of the staff on any design review 9.1.c Packet Pg. 483 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 10 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. application containing a mural or art as a wall graphic may be appealed to the hearing examiner pursuant to the procedure established in Chapter 20.06 ECDC. 1. Art, like other exercises of First Amendment rights, may be limited by reasonable time, place, and manner restrictions. In this case, these criteria will be utilized to enhance the aesthetics of the city and to ensure quality and maintenance standards are observed. No recommendation shall be based upon the content or message expressed by an artist or in a work of art. Applicants are encouraged to coordinate their artwork with the design or architectural elements of the building and the historic and pedestrian-oriented character of the downtown area. 2. Specific submission requirements for design review include, but are not limited to: a. Site sketch showing locations of artwork; b. Minimum one-fourth-inch scale color drawings of the art concept or art component; c. Material/color samples; d. Written Proposal. A written proposal in eight-and-one-half-inch-by-11-inch format to include a description and summary of a final design proposal for the artwork; detailed maintenance requirements; a schedule for development, fabrication, and completion; artist’s resume; and evidence of assumption of liability by applicant or designee; and e. When required pursuant to ECDC 20.45.050, a certificate of appropriateness shall be obtained from the historic preservation commission for murals on designated historic structures or within a designated historic district. 3. Review Criteria. Review criteria for the design review include: a. Quality of the materials used to create the artwork. Materials should be resistant to fading; no fluorescent paints; b. Durability and permanence, including ability to withstand age, vandalism, and weathering. Consideration should be given to anti-graffiti coating; and c. Compatibility of the artwork with architectural elements, other elements of the street, and adjacent structures. Compatibility shall be determined by relationships of 9.1.c Packet Pg. 484 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 11 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. the elements of form, proportion, scale, color, materials, surface treatment, and size and style of lettering. Lettering shall be minimized, but may be considered for inclusion when necessary to the artistic content. D. Notwithstanding the provisions of subsections (A), (B), and (C) of this section, sign permit applications shall not be referred to or reviewed by the architectural design board if the proposed sign constitutes a modification to an existing sign and involves no significant alteration or modification to the size, height, design, lighting or color of the existing sign. Sign permit applications for such sign modifications shall be processed and subject to review in the same manner as provided for staff review in subsection (A) of this section. [Ord. 4154 § 22 (Att. D), 2019; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3800 § 1, 2010; Ord. 3736 § 60, 2009; Ord. 3461 § 2, 2003]. 20.60.020 General regulations for permanent signs. A. Sign Area. The area of a sign shall be calculated as follows: 1. The area of a sign is maximum actual area of a sign that is visible from any single point of observation from any public vantage point. The sign area is normally the smallest rectangle that encloses the entire copy area of the sign. 2. Individual letters, numbers or symbols applied directly to a wall or structure and used to form the sign shall be calculated individually. 3. Supporting structures which are part of a sign display shall be included in the calculation of the sign area, except that the supporting structure of a monument sign or pole sign shall not be included when calculating the sign area. 9.1.c Packet Pg. 485 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 12 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. Left: Sign area = X * Y Right: Applied individual letters are calculated separately. Monument sign: The base is not included in the calculation of sign area (dashed rectangle). B. When located on a wall or mansard roof, no sign may extend above the highest point of the wall or mansard roof when the mansard roof is on a one-story building. Other than a mansard roof on a one-story building, a sign may not be attached above the eave or drip line on a pitched roof. C. Except for pole-mounted community event banners, no sign or any part of a sign may be designed or constructed to be moving by any means and shall not contain items such as banners, ribbons, streamers and spinners. Signs with type that is movable to change the message (reader boards) are allowed, subject to the specific requirements detailed elsewhere in this chapter. D. Signs that extend into or over a public right-of-way shall comply with Chapter 18.70 ECDC. E. Exposed braces and angle irons are prohibited unless they are part of a decorative design that is integral to the design of the sign. Guywires are prohibited unless there are no other practical means of supporting the sign. F. No sign shall have blinking, flashing, fluttering or moving lights or other illuminating device which has a changing light density or color; provided, however, temperature and/or time signs that conform in all other respects to this chapter are allowed. Electronic reader boards may 9.1.c Packet Pg. 486 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 13 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. have messages that change; however, moving messages are not allowed. Messages that change at intervals less than 20 seconds will be considered blinking or flashing and not allowed. G.No light source which exceeds 20 watts shall be directly exposed to any public street or adjacent property. H.No illumination source of fluorescent light shall exceed 425 milliamps or be spaced closer than eight inches on center. I.No commercial sign shall be illuminated after 11:00 p.m. unless the commercial enterprise is open for business and then may remain on only as long as the enterprise is open. J.No window signs above the first floor shall be illuminated. K.Sign height shall be determined as follows: 1.For attached signs, sign height is the vertical distance from the highest point on the sign to the average finished grade. 2.For freestanding signs, sign height is the vertical distance from the highest point of the sign area or its support to the average elevation of the finished grade at the base of the supports. L.Portable signs may not be used as permanent signage; only fixed signs are permitted. M.The following matrix summarizes the types of signs permitted in each neighborhood/district within the city: Sign Type Downtown1 SR-992 Westgate/SR-104 NCH- Neighborhood Centers and Hubs3 Neighborhood Commercial (BN, BP, and BC BP and FVMU Zones) Business Uses in RM Zones Wall-Mounted P P P P P Monument C P P C C 9.1.c Packet Pg. 487 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 14 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. Sign Type Downtown1 SR-992 Westgate/SR-104 NCH- Neighborhood Centers and Hubs3 Neighborhood Commercial (BN, BP, and BC BP and FVMU Zones) Business Uses in RM Zones Pole N P N N N Projecting P P P P P Internal Illumination C P P C N Reader Boards C C C C C Individual Letters P P P P P Boxed Cabinet N P C C N Building ID P P P P P Pedestrian P N N N N Wall Graphics C C C C C 1 Downtown includes all properties within the downtown activity center defined in the comprehensive plan. 2 SR-99 includes all properties within the medical/Highway 99 activity center and the Highway 99 corridor defined in the comprehensive plan. 3 Westgate/SR-104 includes all properties within the Westgate corridor, the Edmonds Way corridor, and within the Westgate community commercial area, as defined in the comprehensive planWhere there is overlap with an Activity Center, the Center and Hub requirements control. Note: In the above table, P = Permitted; N = Not permitted; C = Conditionally permitted if consistent with the standards itemized in subsection (N) of this section. 9.1.c Packet Pg. 488 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 15 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. N.The following standards clarify how some signs identified as “conditionally permitted” must be installed to be permitted in the city of Edmonds: 1.Monument signs over six feet in height must be reviewed to ensure that the materials, colors, design and proportions proposed are consistent with those used throughout the site. 2.Internally illuminated signs in the downtown area and neighborhood commercial areas may only light the letters or logos/symbols. The background of a sign face may not be illuminated. 3.Internally illuminated signs in the downtown area and the neighborhood commercial areas must be mounted on the wall of the building. They may not be mounted on or under an attached awning. 4.Internally illuminated signs that use exposed neon may only be located in the interior of buildings in the downtown area and the neighborhood commercial areas. 5.Internally illuminated signs in the downtown area shall not be permitted to be higher than 14 feet in height. 6.Reader board messages are limited to alphanumeric messages only. 7.Reader boards are only permitted for public uses or places of public assembly. Public uses and places of assembly include, but are not limited to, schools and churches as well as local and regional public facilities. 8.The background color of a boxed cabinet sign face must be coordinated with and complement the colors used on the building. 9.The background color of a boxed cabinet sign face must be opaque and not allow any internal illumination to shine through. [Ord. 4314 § 81 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3631 § 2, 2007; Ord. 3461 § 2, 2003]. 20.60.025 Total maximum permanent sign area. A.Business and Commercial Zone Districts (BN, BP, BC, BD, WMUNCH, CW and CG). 9.1.c Packet Pg. 489 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 16 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. 1.The maximum total permanent sign area for allowed or permitted uses in the BN, BP, BC, BD, NCH and CW zones shall be one square foot of sign area for each lineal foot of wall containing the main public entrance to the primary building or structure located upon a separate legal lot. Within the downtown activity center defined in the comprehensive plan, six square feet of sign area is added to the maximum permanent sign area available for each ground floor storefront. 2.The maximum total permanent sign area for allowed or permitted uses in the CG zone shall be one square foot of sign area for each lineal foot of building frontage along a public street and/or along a side of the building containing the primary public entrance to a maximum of 200 square feet. The allowable sign area shall be computed separately for each qualifying building frontage, and only the sign area derived from that frontage may be oriented along that frontage. Sign areas for wall-mounted signs may not be accumulated to yield a total allowable sign area greater than that permitted upon such frontage, except that businesses choosing not to erect a freestanding sign may use up to 50 percent of their allowable freestanding sign area for additional attached sign area. Use of the additional area shall be subject to the review of the architectural design board. 3.The maximum total permanent sign area may be divided between wall, projecting, and freestanding signs, in accordance with regulations and maximum sign area and height for each type of sign, as provided in ECDC 20.60.030 through 20.60.050. Projecting signs (including blade signs) of four square feet or less and window signs meeting the requirements of ECDC 20.60.035 do not count against the total permanent sign area permitted. 4.The maximum number of permitted permanent signs is three per site, or three per physically enclosed business space on commercial sites with multiple business tenants. A site with more than one street frontage is allowed a maximum of five signs. Projecting (including blade) signs of four square feet or less and window signs meeting the requirements of ECDC 20.60.035 do not count against the total number of permitted permanent signs. Multi-tenant sites are allowed one additional group sign per street frontage identifying the individual subtenants at the site. The total sign area of all signs permitted on site must also comply with the maximum total permanent sign area specified in this chapter. 9.1.c Packet Pg. 490 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 17 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. 5.Where permitted, pedestrian signs do count against the permanent sign area and the number of signs permitted. B.Residential Zone Districts (RS, RM). 1.The maximum allowable signage area for individual residential lots shall be four square feet per street frontage, except as provided in subsection (B)(2) of this section. 2.The maximum allowable signage area for formal residential subdivisions, planned residential developments (PRD), or multifamily structures containing at least 10 dwelling units shall be 10 square feet per main street entrance into the subdivision or PRD. Only one sign may be provided at each main entrance. 3.The maximum total permanent sign area may be divided between wall and freestanding signs, in accordance with regulations and maximum sign area and height for each type of sign, as provided in ECDC 20.60.030 through 20.60.050. Window signs meeting the requirements of ECDC 20.60.035 do not count against the total permanent sign area permitted. 4.Signage in excess of that provided in subsections (B)(1) and (2) of this section for lawful nonconforming or conditional nonresidential uses in residential zones may be approved through the issuance of a sign permit pursuant to ECDC 20.60.010, subject to the maximum area and height limitations established for signs in the BN zone. 5.The maximum number of permitted permanent signs is one, except that multifamily sites with more than one vehicular entrance may have one permanent sign per entrance. The total sign area of all signs (excluding incidental signs) permitted on site must also comply with the maximum total permanent sign area specified in this chapter. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3805 § 1, 2010; Ord. 3628 § 9, 2007; Ord. 3461 § 2, 2003]. 20.60.030 Wall signs – Maximum area and height. A.The maximum area of any wall sign shall be as follows: Zone Maximum Area of Sign 9.1.c Packet Pg. 491 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 18 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. Zone Maximum Area of Sign RS, RM 4 square feet BN, BP, BC, BD, CW, CG, WMU, FVMUNCH 1 square foot per lineal foot of attached wall B.The maximum height of any attached sign shall be as follows: Zone Maximum Height of Sign RS, RM 6 feet BN, BP, BC, BD, CW, CG, WMU, FVMUNCH 14 feet or the height of the face of the building on which the sign is located, consistent with ECDC 20.60.020(B) [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 10, 2007; Ord. 3461 § 2, 2003]. 20.60.035 Window signs – Maximum area. The maximum area of any window sign shall be as follows: Zone Maximum Area of Sign RS, RM 4 square feet 9.1.c Packet Pg. 492 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 19 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. Zone Maximum Area of Sign BN, BP, BC, BD, CW, CG, WMU, FVMUNCH 1 square foot per each lineal foot of window frontage [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 11, 2007; Ord. 3461 § 2, 2003]. 20.60.040 Projecting signs – Maximum area and height restrictions. A.The maximum area of any projecting sign shall be as follows: Zone Maximum Area of Sign RS, RM Not permitted BN, BP, BC, BD, CW, WMU, FVMUNCH 16 square feet CG 32 square feet B.The maximum height of any projecting sign shall be as follows: Zone Maximum Height of Sign RS, RM Not permitted BN, BP, BC, BD, CW, CG, Height of the wall to which the sign is 9.1.c Packet Pg. 493 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 20 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. Zone Maximum Height of Sign WMU, FVMUNCH attached C. The sign area of a marquee sign may not exceed two feet in vertical dimension. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 12, 2007; Ord. 3461 § 2, 2003]. 20.60.045 Freestanding signs – Regulations. A. Regulation. Permanent freestanding signs are discouraged. Freestanding signs shall be approved only where the applicant demonstrates by substantial evidence that there are no reasonable and feasible alternative signage methods to provide for adequate identification and/or advertisement. B. Maximum Area. The maximum area of a freestanding sign shall be as follows: Zone Maximum Area of Sign RS, RM 10 square feet (subdivision, PRD, multifamily) 4 square feet (individual residence sign) BN, BP 24 square feet (single) 48 square feet (group) BC, BD, WMU, FVMUNCH 32 square feet (single) 48 square feet (group) 9.1.c Packet Pg. 494 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 21 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. Zone Maximum Area of Sign CW 32 square feet (single) 48 square feet (group) CG Sign area shall be governed by subsection (C) of this section C. Allowable Sign Area for Freestanding Signs – CG Zone. The total allowable sign area for freestanding signs on general commercial sites shall be 56 square feet or one-half square foot of sign area for each lineal foot of street frontage, whichever is greater, up to a maximum of 160 square feet of freestanding sign area. Freestanding signs count against the overall allowable permanent sign area. Multiple business or tenant sites shall further be allowed an additional 24 square feet of freestanding sign area for each commercial tenant or occupant in excess of one up to a maximum sign area of 160 square feet. Corner lots choosing to accumulate sign area under the provisions of subsection (E) of this section shall be limited to 160 square feet. D. Maximum Height. The maximum sign height of freestanding signs shall be as follows: Zone Maximum Height of Sign RS, RM 6 feet BN, BP, BC, BD, CG, CW, WMU, FVMUNCH 14 feet E. Location. Freestanding signs shall be located as close as possible to the center of the street frontage on which they are located. Except for pole-mounted community event banners, freestanding signs may not be located on public property. Sites on a corner of two public streets may have one sign on the corner instead of a sign for each frontage. Monument signs 9.1.c Packet Pg. 495 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 22 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. not more than six feet in height may be located in a zoning setback, but not less than five feet from a property line. F. Number. In all zones, each lot or building site shall be permitted no more than one freestanding sign, except in the business and commercial zones where a lot or site has frontage on two arterial streets, in which case there may be permitted one sign per street frontage subject to the restrictions on area contained within this chapter. G. Landscaping. 1. Each freestanding sign shall have a landscaped area twice the size of the sign area at the base of the sign. The landscaping and sign base shall be protected from vehicles by substantial curbing. 2. The applicant shall provide a landscape performance bond in the amount of 125 percent of the estimated costs of the landscaping, or $1,000, whichever is more. The bond shall be processed in accordance with Chapter 17.10 ECDC. [Ord. 4078 § 2 (Exh. 2), 2017; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3631 § 3, 2007; Ord. 3628 § 13, 2007; Ord. 3461 § 2, 2003]. 20.60.050 Wall graphic and identification structures. There are no area restrictions on wall graphics or identification structures. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.055 Pedestrian signs. Pedestrian signs are only permitted on private property and in the adjacent right-of-way in the BC, BD, CW, and CG zones located within the downtown waterfront activity center, as defined in the comprehensive plan. Pedestrian signs are only permitted if they meet the following requirements: A. Pedestrian signs may be permitted to be located either (1) between the business storefront and the public right-of-way, or (2) on the sidewalk in front of the business storefront if the pedestrian sign meets the following standards: 9.1.c Packet Pg. 496 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 23 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. 1. Only one pedestrian sign is permitted per ground floor storefront; 2. Businesses may make arrangements to rotate their pedestrian signs provided they meet the one-sign-per-storefront standard; 3. The sign shall be located within 10 feet of the building entry and must be placed within two feet of the building. The planning and development director may approve an alternative location under the following circumstances: a. An alternative location in front of the building or on the property occupied by the business is less intrusive to pedestrian movement or accessibility; or b. The building containing the business is set back from the property line and a location on the property can be provided such that the sign does not encroach onto a public sidewalk; 4. A business located on a corner property shall have no more than one pedestrian sign, regardless of the number of streets the business fronts on; 5. If located on or near a sidewalk, building entry or pedestrian way, the sign shall be located to provide a clear zone consistent with ECDC 18.70.030(C); 6. Pedestrian signs cannot be left outside during hours that the business is closed to the public; 7. Pedestrian signs are limited to: a. Six square feet in area, two and one-half feet in width, and three and one-half feet in height for A-frame or sandwich board signs; and b. Six square feet in area, two and one-half feet in width, and four and one-half feet in height for stanchion, easel or other types of pedestrian signs. [Ord. 4299 § 51 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016]. 20.60.060 Campaign signs. A. On-premises campaign signs are permitted as a form of temporary signage in all zones, subject to the maximum sign size limitations set forth in ECDC 20.60.080. 9.1.c Packet Pg. 497 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 24 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. B. Off-premises campaign signs are permitted as a form of temporary signage in the public right-of-way; provided, that the following requirements are met: 1. All campaign signs shall be posted in accordance with the regulations set forth in ECDC 20.60.080(B). 2. All off-premises campaign signs shall be removed within 10 days after the primary, general, or special election to which they pertain. 3. Off-premises campaign signs shall be posted and displayed no earlier than upon declaration of candidacy in accordance with Chapter 29.15 RCW, or other formal registration or certification of the candidate, party, initiative, referendum or other ballot issue for an upcoming election, or 60 days prior to the election, whichever time period is greater. C. There is no maximum number of off-premises campaign signs that may be posted. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.065 Real estate signs. A. On-premises real estate signs are permitted as a form of temporary signage in residential and commercial zones, subject to the maximum signage area and sign number limitations set forth in ECDC 20.60.080. B. Off-premises real estate signs are permitted as a form of temporary signage, subject to the following requirements: 1. Two and only two types of off-premises real estate signs shall be permitted: a. An off-premises real estate directional sign is a sign displaying a directional arrow and either a company or logo, or an indication that the property is for sale by its owner, and installed for the purpose of directing the public to the property. b. An off-premises open house sign is a form of temporary off-premises sign indicating the property is currently open for viewing. 9.1.c Packet Pg. 498 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 25 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. 2. All off-premises real estate signs shall be posted in accordance with the regulations set forth in ECDC 20.60.080(B). 3. The maximum number of off-premises real estate signs allowed per property shall only be the number reasonably necessary to direct people to the premises. An agent or owner shall be permitted no more than one off-premises real estate directional sign per intersection and five in total. No more than one off-premises open house sign shall be displayed per intersection and no more than five in total. a. Each off-premises real estate directional sign shall bear a legible tag located on the sign or supporting post indicating the date of posting and the address of the property to which it pertains. b. Off-premises real estate open house signs shall only be posted during daylight hours when the real estate agent or owner is in attendance at the property for sale or rent, and shall be removed immediately upon the termination of an “open house” or other similar property display event. 4. No off-premises real estate signs shall be fastened to any traffic control device, public structure, fence, rock, tree or shrub. C. All on-premises and all off-premises real estate directional signs shall be removed within seven days after the closing of the sale or lease of real property to which the sign pertains. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.070 Construction signs. Construction signs shall, irrespective of their duration, conform to the general regulations for permanent signs specified under ECDC 20.60.020. Notwithstanding any other provision of this chapter, the maximum area of a construction sign in any zone shall be 32 square feet. No sign permit is required for the posting of construction signs; provided, that all construction signs shall be removed from the premises within 10 days of the cessation of the excavation, construction, demolition, rehabilitation, structural alteration or related work on site. 9.1.c Packet Pg. 499 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 26 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. Zone Maximum Area of Signage (per Street Frontage) RS 16 square feet, or 32 square feet if one sign is displayed for a project consisting of building permits issued for four lots or more. Only one sign may be displayed per project. All other zones 32 square feet The preceding square footages shall be in addition to any other temporary signage permitted by ECDC 20.60.080. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3514 § 3, 2004]. 20.60.075 Governmental signs. Governmental signs, while exempt from the processes and development regulations required by this chapter, shall be erected and maintained subject to rules and procedures established by the planning and development director. In all cases, the city retains the right to remove any governmental sign at its sole discretion. [Ord. 4299 § 52 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017]. 20.60.080 Temporary signs. A. On-Premises Temporary Signs. On-premises temporary signs are permitted in residential and commercial zones, in addition to any allowed or permitted permanent signage, subject to the following restrictions and standards: 1. Residential Zones (RS, RM). a. Only portable, freestanding or attached signs may be used as temporary signage. 9.1.c Packet Pg. 500 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 27 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. b. Commercial on-premises temporary signage is not permitted, except for real estate signs as defined by ECDC 20.60.065. c. Maximum number is one attached or freestanding sign. 2. Commercial Zones (BN, BP, BC, BD, WMU, FVMUNCH, CW, CG). a. Only attached signs may be used for temporary signage. Attached signs may be affixed to any existing building or sign structure that is permitted as a permanent structure on the property. New temporary structures whose sole purpose is to display the temporary sign are not otherwise permitted. b. Maximum duration of display is 60 days in any calendar year for the cumulative posting of all temporary commercial signage upon each commercial location or premises. c. Maximum number of temporary signs is one freestanding sign per property street frontage, and one attached sign per building. 3. The total maximum area of on-premises temporary signage shall be as follows: Zone Maximum Area of Temporary Sign RS, RM 6 square feet BN, BP, BC, BD, CW, WMU, FVMUNCH 20 square feet CG 30 square feet 4. The total maximum area for each allowed on-premises temporary sign shall be as follows: 9.1.c Packet Pg. 501 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 28 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. Zone Maximum Area of Temporary Sign RS, RM 6 square feet (freestanding and attached) BN, BP, BC, BD, CW, WMU, FVMUNCH 20 square feet (attached) CG 30 square feet (attached) 5. The maximum height of any allowed on-premises temporary sign shall be as follows: Zone Maximum Height of Sign RS, RM 6 feet (freestanding and attached) BN, BP, BC, BD, CW, CG, WMU, FVMUNCH 14 feet (attached) 6. In no case shall temporary signage be posted, located, or displayed in violation of the regulations for permanent signs set forth in ECDC 20.60.020 through 20.60.050. B. Off-Premises Temporary Signage. Off-premises temporary signs are allowed in residential and commercial zones, in accordance with the restrictions and standards set forth below: 1. Commercial off-premises temporary signage is prohibited, except for real estate signs as permitted by ECDC 20.60.065; provided, that such off-premises real estate signs shall be 9.1.c Packet Pg. 502 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 29 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. posted, displayed, and removed as provided for in that section, in addition to the provisions of subsections (B)(5) through (9) of this section. 2. Noncommercial off-premises signs are permitted in the public right-of-way; provided, that the posting and display of off-premises signs in the public right-of-way shall require a street use permit where required pursuant to Chapter 18.70 ECDC. 3. Maximum duration of display for all temporary off-premises signs is a cumulative of 60 days in any calendar year, except as otherwise provided in ECDC 20.60.060 for campaign signs. Display may be continuous or intermittent, except as otherwise provided in this section. 4. Except for campaign signs as provided in ECDC 20.60.060, all off-premises noncommercial signs relating to a specific meeting, event, or occurrence shall be removed within 48 hours following the conclusion of the meeting, event, or occurrence to which they relate. 5. Only portable freestanding signs may be used as temporary off-premises signage; provided, that the following types of portable freestanding signs are prohibited from use as an off-premises sign: a. Signs with a vehicular chassis or support with or without wheels; b. Posters and banners; c. Signs mounted upon vehicles; d. Searchlights; e. Inflatables. 6. Maximum number of allowed off-premises signs to be displayed simultaneously shall be one sign per sign poster except as provided in ECDC 20.60.060 for campaign signs and in ECDC 20.60.065 for real estate signs. 7. Maximum allowable sign area for all temporary off-premises freestanding signs is six square feet. 8. Maximum allowable sign height for all permitted off-premises signs is three feet. 9.1.c Packet Pg. 503 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 30 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. 9. All off-premises temporary signage shall be posted and displayed in accordance with the following restrictions: a. Off-premises signs may not be placed in any portion of the public right-of-way typically used by motor vehicles in a lawful manner. b. Off-premises signs shall be placed so as not to impede pedestrian, bicycle, or handicapped travel or access. c. Off-premises signs shall not be posted in a manner or location which impairs traffic safety by unreasonably blocking line of sight at intersections. d. Off-premises signs shall be constructed of suitable material and design to adequately withstand the reasonably expected normal or average weather conditions during the intended display period of the sign. e. Off-premises signs shall be regularly inspected to ensure that they have not been damaged or destroyed by natural forces or vandalism. Damaged and destroyed signs shall be immediately removed or repaired so as to avoid threats to public health and safety or the accumulation of unclaimed refuse upon the public rights-of-way. f. Off-premises signs shall not be posted upon public property other than the public right-of-way, and shall further not be posted within or upon planter boxes and flower beds within the publicly maintained landscaped portions of the public right-of-way. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 14, 2007; Ord. 3461 § 2, 2003]. 20.60.090 Prohibited signs. A. General. All signs not expressly permitted by this chapter are prohibited. B. Hazards. Signs which the director of public works determines to be a hazard to vehicle or water traffic because they resemble or obscure a traffic control device, or because they obscure visibility needed for safe traffic passage, are prohibited. These signs shall be removed if they already exist. 9.1.c Packet Pg. 504 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 31 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. C. Confiscation of Prohibited Signs in Public Rights-of-Way. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation. D. Any signs confiscated by the city shall be held for 10 working days after which such signs may be destroyed or otherwise disposed of. The owner of any confiscated signs may recover the same upon payment of a $25.00 fee to cover the cost of confiscation and storage. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.095 Exempt signs. The following types of signs are exempted from regulations of this chapter, except that the dimensional and placement standards shall apply unless variance is required by other provisions of local, state or federal law: A. Signs required by provision of local, state, or federal law. B. Official public notices required by provision of local, state, or federal law. C. Signs not visible from a public location. D. Seasonal and holiday displays not incorporating the use of written copy or graphics to convey a message. E. Gravestones. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.100 Administration. A. General. The planning and development director is responsible for administering and enforcing the provisions of this chapter. He or she shall adopt application requirements for sign permits. Fees shall be as stated in ECDC 15.00.020. B. Installation Permits. Many signs require installation permits under Chapter 19.45 ECDC and may require plan checking fees as well. 9.1.c Packet Pg. 505 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 20.60 ECDC, Sign Code Page 32 of 32 The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. C. Notice of Violation. Whenever the planning director becomes aware of a violation of the provisions of this chapter, the planning director shall cause a notice to be sent to the alleged violator informing him or her of the violation, the applicable code section, and a time within which to remedy the violation. The notice shall also advise of the penalties for continued violation of the code as specified in this chapter. If the violation has not been corrected within the time limit specified, the planning director shall refer the matter to the city attorney’s office for institution of appropriate legal action. D. Penalty. Any person violating any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25.00 for each day of continued violation. [Ord. 4314 § 82 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. The Edmonds Community Development Code is current through Ordinance 4393, passed May 6, 2025. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.c Packet Pg. 506 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) ECC 4.12.055, Street vendor requirements Page 1 of 4 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 4.12.055 Street vendor requirements. Any person seeking a city of Edmonds business license for a street vendor license under the definition of this chapter shall comply with the following requirements: A.Mobile vending units may be allowed to operate within the following commercially zoned areas including unzoned property or right-of-way adjacent to or abutting commercially zoned areas: 1.Motorized and nonmotorized mobile vending units: neighborhood business (BN), community business (BC), planned business (BP), downtown business zones (BD1, BD2, BD3, BD4 and BD5), commercial waterfront (CW), general commercial (CG), Firdale Village mixed- use (FVMU) Neighborhood Centers and Hubs (NCH), medical use (MU) and public use (P). B.In addition to the licensing requirements of this chapter, any street vendor shall be required to obtain a street use permit. Application fees for street use permits are those established by the city council by resolution in its sole legislative discretion. Application fees shall be paid to the city prior to issuance of any permit. C.Street vendors shall be subject to the same regulations regarding plastic bags, noncompostable food service containers, and single-use plastic utensils that apply to retail establishments and food service businesses. D.All advertising shall be placed on the nonmotorized mobile vending unit and will not be allowed on the street or sidewalk. Maximum sign area allowed shall be 10 square feet. E.The vending site shall be kept clean and orderly at all times, and the vendor must provide a refuse container and is encouraged to provide containers for recycling. No portion of a vendor’s inventory, sales equipment, or any other structure or equipment used in the sales or solicitation process shall be left overnight upon any unenclosed portion of any lot or site within the city, nor upon any public street or right-of-way. F.The city reserves the right to limit the number of vending permit sites in any given area of the city. When the number of permitted mobile vendors reaches 15, a review before the city council is triggered to determine if the number of mobile vendors should be limited. The city council review may consider the needs of the public, diversity of products offered for sale, the 9.1.c Packet Pg. 507 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) ECC 4.12.055, Street vendor requirements Page 2 of 4 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. smooth flow of pedestrian and vehicular traffic, number of complaints, and locations where the vending units are located. G.If located on a sidewalk, a minimum clearance of five feet shall be maintained by any street vendor. H.Street vendors shall not locate within that portion of improved street right-of-way designed for vehicular traffic or parking. Street vendors seeking to locate in improved street rights-of-way or on sidewalks shall be oriented toward pedestrian traffic movement or safety. Any application to locate a street vendor in the street right-of-way shall require approval by the city traffic engineer and shall not interfere in any way with vehicular or pedestrian traffic or safety. I.No mechanical audio or noise making devices and no hawking is allowed. Hawking is the loud, repeated oral solicitation of business by the vendor or an assistant. J.Street vendors may operate in parks if they have a concession agreement with the city of Edmonds to operate on a specific park property. K.Street vendors are prohibited in residentially zoned areas, and unzoned property or right-of-way adjacent to or abutting the residentially zoned areas. L.All street vendors shall comply with all applicable Snohomish County health district requirements. M.The applicant shall submit with his application a copy of the written approval for the vending site from the property owner when locating on private property. When locating on a sidewalk within the right-of-way, the applicant shall have written approval for the vending site from the abutting property owner and/or tenant. In the event that the property owner or tenant shall disagree, the property owner’s decision shall be final. 1.In the event that the proposed site is on or abuts property owned by the city of Edmonds, the applicant shall be required to obtain the city’s approval. Approvals relating to park property shall be handled as a request to let a concession under the terms of this chapter. Request for sites abutting all other public land owned by the city shall be forwarded to the city council for their review and approval. 9.1.c Packet Pg. 508 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) ECC 4.12.055, Street vendor requirements Page 3 of 4 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 2.In the event that the proposed site is on or abuts publicly owned property not owned by the city of Edmonds, the applicant shall be required to obtain approval from the public entity that owns the property. 3.In the event that the site for which approval is sought abuts vacant land, the applicant shall make reasonable written attempts to secure the approval of the property owner. If the applicant is unable to do so, the city may accept written proof of such attempts and issue a conditional permit. If a complaint is later received from the owner of the land, the license shall be revoked. The granting of such a conditional license shall vest no right in the applicant. N.When locating within a parking lot of a private location, the applicant shall: 1.Identify the location the mobile vending unit will be located and provide a circulation plan. The location and circulation plan shall require approval by the city traffic engineer to ensure the vending unit will not interfere in any way with vehicular or pedestrian traffic or safety. 2.Demonstrate that the site will meet the parking requirements of Chapter 17.50 ECDC excluding the parking space(s) occupied by the mobile vending unit. O.The maximum permissible size for any nonmotorized mobile vending unit shall be: 1.Thirty square feet for sidewalk locations; and 2.Fifty square feet for locations within the street or other public right-of-way or when located on private property; 3.In no event shall any nonmotorized mobile vending unit exceed 10 feet in length. P.During special events held within the city where food providers are required to pay a fee to participate (such as the Edmonds Art Festival and Taste of Edmonds), no mobile vending units may be allowed to operate within one-quarter mile of the special event. [Ord. 4299 §§ 7, 15 (Exh. A), 2023; Ord. 4269 § 2, 2022; Ord. 3902 § 1 (Att. A), 2012; Ord. 3513 § 4, 2004; Ord. 3270 § 1, 1999; Ord. 2536 § 1, 1985]. 9.1.c Packet Pg. 509 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) ECC 4.12.055, Street vendor requirements Page 4 of 4 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. Disclaimer: The city clerk’s office has the official version of the Edmonds City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.c Packet Pg. 510 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 3.38 ECC, Multifamily Housing Tax Exemption Page 1 of 11 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. Chapter 3.38 MULTIFAMILY HOUSING TAX EXEMPTION Sections: 3.38.010 Purpose. 3.38.020 Definitions. 3.38.030 Tax exemption – Duration – Valuation – Exceptions. 3.38.040 Residential targeted areas – Designation. 3.38.050 Project eligibility. 3.38.060 Application procedure. 3.38.070 Application review – Approval – Required findings – Issuance of conditional certificate – Denial – Appeal. 3.38.080 Amendment of contract. 3.38.090 Extension of conditional certificate – Required findings – Denial – Appeal. 3.38.100 Final certificate – Application – Issuance – Denial – Appeal. 3.38.110 Annual certification. 3.38.120 Cancellation of tax exemption – Appeal. 3.38.010 Purpose. The purpose of this chapter, pursuant to Chapter 84.14 RCW, is to stimulate the construction of new multifamily housing and the rehabilitation of existing vacant and underutilized buildings for multifamily housing, which may include affordable housing opportunities, in keeping with the goals and mandates of the Growth Management Act (particularly Chapter 36.70A RCW), within urban centers designated as residential targeted areas where the city has found insufficient housing opportunities, including affordable housing opportunities. To achieve these purposes, this chapter provides for special valuations in residentially deficient urban centers for eligible improvements associated with multiunit housing, which may include affordable housing. [Ord. 4047 § 1, 2016]. 9.1.c Packet Pg. 511 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 3.38 ECC, Multifamily Housing Tax Exemption Page 2 of 11 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 3.38.020 Definitions. Unless expressly provided for below, in construing the provisions of this chapter, definitions of key terms in this chapter shall follow the definitions as set out in RCW 84.14.010. A.“City” means the city of Edmonds, Washington. B.“Director” means the director of the city’s department of planning and development or authorized designee. C.“Low-income household” means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median family income adjusted for family size, as calculated using the United States Census Bureau’s median family income data for Snohomish County in conjunction with the median family income documentation system published by the United States Department of Housing and Urban Development. D.“Moderate-income household” means a single person, family, or unrelated persons living together whose adjusted income is more than 80 percent but is at or below 115 percent of the median family income adjusted for family size, as calculated using the United States Census Bureau’s median family income data for Snohomish County in conjunction with the median family income documentation system published by the United States Department of Housing and Urban Development. E.“Residential targeted area” means any urban center so designated by the Edmonds city council in accordance with this chapter and Chapter 84.14 RCW, and which has been found by the city council to be lacking sufficient available, convenient, attractive, livable, and desirable residential housing to meet the needs of the public. F.“Urban center” means any district or subarea of the city of Edmonds designated as a mixed-use center through a subarea or comprehensive planning process, where urban residents may obtain a variety of products and services including several business establishments, such as shops, offices, banks, restaurants, medical facilities, governmental agencies and a mixture of uses and activities that may include housing, recreation, and cultural activities in association with either commercial or office uses, or both uses. [Ord. 4299 § 5 (Exh. A), 2023; Ord. 4080 § 1, 2017; Ord. 4047 § 1, 2016]. 9.1.c Packet Pg. 512 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 3.38 ECC, Multifamily Housing Tax Exemption Page 3 of 11 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 3.38.030 Tax exemption – Duration – Valuation – Exceptions. A.The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation for 12 successive years beginning January 1st of the year immediately following the calendar year of issuance of the final certificate of tax exemption if the property otherwise qualifies for the exemption under this chapter and the applicant commits to renting or selling at least 10 percent of the multifamily housing units as affordable housing units to low-income households and 10 percent of the multifamily housing units as affordable housing units to moderate-income households, and the property must satisfy that commitment. B.The exemption does not apply to the value of land or to the value of nonhousing improvements not qualifying under ECC 3.38.050, nor does the exemption apply to increases in assessed valuation of land and nonqualifying improvements. This article also does not apply to increases in assessed valuation made by the assessor on nonqualifying portions of building and value of land, nor to increases made by lawful order of a county board of equalization, the Department of Revenue, or a county, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. [Ord. 4080 § 1, 2017; Ord. 4047 § 1, 2016]. 3.38.040 Residential targeted areas – Designation. A.The following area is designated by the city council as a residential targeted area, consistent with the requirements of RCW 84.14.040: 1.Westgate Mixed Use (WMU) Zoning District. Westgate Center-Neighborhood Centers and Hubs (NCH) Mixed Use Zone. 2.Highway 99 Subarea, as designated in the Highway 99 Subarea Plan. B.If part of any legal lot is within a residential targeted area, the entire lot shall be deemed to lie within the residential targeted area. C.The area(s) designated in subsection (A) of this section may be amended and other areas may be added by action of the city council consistent with requirements of RCW 84.14.040. Any amendment to the residential targeted areas shall not affect the status of a project for which 9.1.c Packet Pg. 513 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 3.38 ECC, Multifamily Housing Tax Exemption Page 4 of 11 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. the city has received a complete application for property tax exemption under this chapter. [Ord. 4080 § 1, 2017; Ord. 4047 § 1, 2016]. 3.38.050 Project eligibility. To qualify for temporary exemption from property taxation under this chapter, the property shall satisfy all of the following requirements: A.The property must be located in a designated residential targeted area. B.The project must consist of at least 20 dwelling units of multifamily housing, located within a residential structure or a mixed-use development, in which at least 50 percent of the space within such residential structure or mixed-use development is intended for permanent residential occupancy. C.The project must comply with all zoning requirements, land use regulations, and building code requirements contained in the Edmonds City Code and applicable upon land use permit approval or submittal of a complete building permit application, whichever occurs sooner. D.For the duration of the exemption granted under this chapter, the property shall have no violations of applicable zoning requirements, land use regulations, or building code requirements contained in the Edmonds Community Development Code for which the planning and development department shall have issued an order to correct (“OTC”) or notice of violation (“NOV”) that are not resolved by a voluntary correction agreement, vacation by the hearing examiner, or action of the property owner in compliance with the applicable code requirements as determined by the director, within the time period for compliance provided in such OTC or NOV and any extension of the time period for compliance granted by the director. E.New construction multifamily housing must be completed within three years from the date of approval of the application or by any extended deadline granted by the director pursuant to ECC 3.38.090. F.The owner must enter into a contract with the city, approved by the mayor, under which the owner has agreed to the implementation of the development on terms and conditions satisfactory to the city and in compliance with this chapter. [Ord. 4299 § 6 (Exh. A), 2023; Ord. 4047 §1, 2016]. 9.1.c Packet Pg. 514 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 3.38 ECC, Multifamily Housing Tax Exemption Page 5 of 11 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 3.38.060 Application procedure. The owner of property applying for exemption under this chapter shall submit an application to the director on a form established by the director. The owner shall verify the correctness of the information contained in the application by his/her signature and affirmation made under penalty of perjury under the laws of the state of Washington. The application shall contain such information as the director may deem necessary or useful, which at a minimum shall include: A.A completed city of Edmonds application form, including information setting forth the grounds for tax exemption; B.A brief written description of the project, and schematic site and floor plans of the multifamily units and the structure(s) in which they are proposed to be located; C.Floor and site plans of the proposed project, which plans may be revised by the owner provided such revisions are made prior to the city’s final action on the exemption application; D.A statement from the owner acknowledging the potential tax liability when the property ceases to be eligible for exemption under this chapter; E.At the time of initial application under this section, the owner shall pay to the city an initial application fee of $1,000, plus an amount necessary to cover recording fees as set out in the city’s development fee table; F.Except as otherwise provided for in subsection (G) of this section, the application shall be submitted any time before a complete application for a building or other construction permit is submitted; G.If, on the effective date of the ordinance codified in this chapter, the owner has applied for a permit identified in subsection (F) of this section, then application for exemption under this section may be submitted any time prior to issuance of a building permit. [Ord. 4047 § 1, 2016]. 3.38.070 Application review – Approval – Required findings – Issuance of conditional certificate – Denial – Appeal. A.The director may approve an application if he or she finds that: 9.1.c Packet Pg. 515 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 3.38 ECC, Multifamily Housing Tax Exemption Page 6 of 11 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 1.A minimum of 20 new units are being constructed; 2.The proposed project is or will be, at the time of completion, in conformance with all approved plans, and all applicable requirements of the Edmonds City Code or other applicable requirements or regulations in effect at the time the application is approved; 3.The owner has complied with all of the requirements of this chapter, including but not limited to project eligibility requirements contained in ECC 3.38.050 and application requirements contained in ECC 3.38.060; 4.The project site is located within a designated residential targeted area; and 5.If applicable, the proposed multiunit housing project meets the affordable housing requirements as described in ECC 3.38.030. B.The director shall deny an application if the foregoing criteria are not met. C.If the application is approved, the owner shall enter into a contract with the city, approved by the mayor, who is hereby authorized to approve such contracts, regarding the terms and conditions of the project under this chapter. D.Following mayor approval of the contract, the director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three years from the date of approval unless an extension is granted as provided in ECC 3.38.090. E.If the application is denied, the director shall state in writing the reasons for the denial and send notice of denial to the owner’s last known address within 10 days of the denial. F.An owner may appeal a denial of a tax exemption application to the hearing examiner by filing a notice of appeal with the city clerk within 30 calendar days of receipt of notice of the denial. The appeal before the hearing examiner shall follow the procedures for appeal of Type II decisions, shall be based upon the record before the director, and the director’s decision will be upheld unless the owner can show that there is no substantial evidence on the record to support the director’s decision. The hearing examiner’s decision on appeal shall constitute the final action of the city. [Ord. 4047 § 1, 2016]. 9.1.c Packet Pg. 516 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 3.38 ECC, Multifamily Housing Tax Exemption Page 7 of 11 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 3.38.080 Amendment of contract. A.Any owner seeking amendment(s) to the contract approved by the mayor may do so by submitting a request in writing to the director at any time within three years of the date of the mayor’s approval of the contract. B.Any owner seeking amendments to the approved form of contract shall pay to the city an amendment application fee of $200.00 for administrative costs, plus any amount necessary to cover recording fees as set out in the city’s development fee table. C.The director may approve amendments to the contract that comport with the intent of the original contract approved by the mayor. [Ord. 4047 § 1, 2016]. 3.38.090 Extension of conditional certificate – Required findings – Denial – Appeal. A.The conditional certificate may be extended by the director for a period not to exceed 24 consecutive months. The owner shall submit a written request stating the grounds for the extension together with a fee of $300.00 for the city’s administrative cost to process the request. The director may grant an extension if the director finds that: 1.The anticipated failure to complete construction within the required time period is due to circumstances beyond the control of the owner; and 2.The owner has been acting, and could reasonably be expected to continue to act, in good faith and with due diligence; and 3.All the conditions of the original contract between the owner and the city will be satisfied upon completion of the project. B.If an extension is denied, the director shall state in writing the reason for denial and shall send notice to the owner’s last known address within 10 calendar days of the denial. An owner may appeal the denial of an extension to the hearing examiner, using the process for appeals of Type II decisions. [Ord. 4047 § 1, 2016]. 9.1.c Packet Pg. 517 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 3.38 ECC, Multifamily Housing Tax Exemption Page 8 of 11 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. 3.38.100 Final certificate – Application – Issuance – Denial – Appeal. A.Upon completion of the construction as provided in the contract between the owner and the city, and upon issuance of a certificate of occupancy, the owner may request a final certificate of tax exemption. The owner shall file with the director such information as the director may deem necessary or useful to evaluate eligibility for the final certificate, which shall at a minimum include: 1.A statement of expenditures made with respect to each multifamily housing unit and the total expenditures made with respect to the entire property; 2.A description of the completed work and a statement of qualification for the exemption; 3.If applicable, a statement that the project meets the affordable housing requirements as described in ECC 3.38.030; 4.A statement that the work was completed within the required three-year period or any approved extension. B.At the time of application for final certificate under this section, the owner shall pay to the city a fee of $300.00 to cover the city’s administrative costs, in addition to recording costs. C.Within 30 days of receipt of all materials required for a final certificate, the director shall determine whether the completed work, and the affordability of the units if applicable, is consistent with the contract between the city and owner, whether all or a portion of the completed work qualifies for exemption under this chapter and, if so, which specific improvements satisfy the requirements of this chapter. D.If the director determines that the project has been completed in accordance with the contract between the owner and the city and the requirements of this chapter, the city shall file a final certificate of tax exemption with the assessor within 10 days of the expiration of the 30-day period provided under subsection (C) of this section. E.The director is authorized to cause to be recorded, or to require the owner to record, in the real property records of the Snohomish County auditor’s department, recording division, the contract with the city required under ECC 3.38.070(C), or such other document(s) as will identify such terms and conditions of eligibility for exemption under this chapter as the director deems appropriate for recording. 9.1.c Packet Pg. 518 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 3.38 ECC, Multifamily Housing Tax Exemption Page 9 of 11 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. F.The director shall notify the owner in writing that the city will not file a final certificate if the director determines that the project was not completed within the required three-year period or any approved extension, or was not completed in accordance with the contract between the owner and the city and the requirements of this chapter, or, if applicable, the affordable housing requirements as described in ECC 3.38.030 were not met, or the owner’s property is otherwise not qualified for the limited exemption under this chapter. G.The owner may appeal the director’s decision to the hearing examiner by filing a notice of appeal with the city clerk within 14 calendar days after issuance of the notice of the denial. The appeal before the hearing examiner shall follow the provisions for appeals of Type II decisions. The owner may appeal the hearing examiner’s decision to the Snohomish County superior court according to the procedures contained in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.090(6), within 30 days of notification by the city to the owner of the decision. [Ord. 4047 § 1, 2016]. 3.38.110 Annual certification. A.Within 30 days after the first anniversary of the date the city filed the final certificate of tax exemption and each year thereafter during the tax exemption period, the property owner shall file a certification with the director, verified upon signed affirmation under penalty of perjury under the laws of the state of Washington. The certification shall contain such information as the director may deem necessary or useful, and shall at a minimum include the following information: 1.A statement of occupancy and vacancy of the multifamily units during the previous year; 2.A certification that the property has not changed use and, if applicable, that the property has been in compliance with the affordable housing requirements as described in ECC 3.38.030 since the date of filing of the final certificate of tax exemption, and continues to be in compliance with the contract with the city and the requirements of this chapter; 3.A description of any improvements or changes to the property made after the filing of the final certificate or most recent certification, as applicable. 9.1.c Packet Pg. 519 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 3.38 ECC, Multifamily Housing Tax Exemption Page 10 of 11 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. B.Failure to submit the annual certification may result in cancellation of the tax exemption. [Ord. 4047 § 1, 2016]. 3.38.120 Cancellation of tax exemption – Appeal. A.If at any time the director determines that the property no longer complies with the terms of the contract or with the requirements of this chapter, or the use of the property is changed or will be changed to a use that is other than residential, or if the owner intends to discontinue compliance with the affordable housing requirements as described in ECC 3.38.030, or the property for any reason no longer qualifies for the tax exemption, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law. B.If the owner intends to convert the multifamily housing to another use or intends to discontinue compliance with the affordable housing requirements as described in ECC 3.38.030, the owner must notify the director and the Snohomish County assessor within 60 days of the change in use. Upon such change in use, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law. C.Upon determining that a tax exemption shall be canceled, the director shall notify the property owner by certified mail, return receipt requested. The property owner may appeal the determination by filing a notice of appeal with the city clerk, within 30 days after issuance of the decision by the director, specifying the factual and legal basis for the appeal. The appeal before the hearing examiner shall follow the procedures set forth for appeals of Type II decisions. At the appeal hearing, all affected parties may be heard and all competent evidence received. The hearing examiner shall affirm, modify, or repeal the decision to cancel the exemption based on the evidence received. The hearing examiner shall give substantial weight to the director’s decision to cancel the exemption, and the burden of proof and the burden of overcoming the weight accorded to the director’s decision shall be upon the appellant. An aggrieved party may appeal the hearing examiner’s decision to the Snohomish County superior court in accordance with the procedures in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.110(2), within 30 days after issuance of the decision of the hearing examiner. [Ord. 4047 § 1, 2016]. 9.1.c Packet Pg. 520 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) Chapter 3.38 ECC, Multifamily Housing Tax Exemption Page 11 of 11 The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. Disclaimer: The city clerk’s office has the official version of the Edmonds City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.c Packet Pg. 521 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t N C H C o d e U p d a t e s ( P u b l i c H e a r i n g f o r N e i g h b o r h o o d C e n t e r s & H u b s ( N C H ) Z o n i n g C o d e U p d a t e ) City Council Agenda Item Meeting Date: 07/22/2025 Public Hearing on Proposal to Amend the Official Street Map Staff Lead: Mike De Lilla/Jeanie McConnell Department: Engineering Preparer: Emiko Rodarte Background/History July 1, 2025 - Council Committee A Staff Recommendation Approval to place item on August 12, 2025 agenda for adoption. Narrative The City of Edmonds received an Official Street Map Amendment (AMD2024-0007) requesting to remove the required 10-ft street dedication on the west side of 75th Pl W, adjacent to 15730 75th Pl W. The City’s Official Street Map indicates a desired 60-ft right-of-way. The Official Street Map amendment would reduce the potential overall 75th Pl W right-of-way (adjacent to 15730, 15700, and 15604) from 60-ft to 50-ft. The existing 75th Pl W right-of-way at each of these locations is 40-ft in width, 20-feet on each side of the right-of-way centerline. Edmonds Community Development Code (ECDC) Chapter 20.65 requires the Planning Board to review Official Street Map Amendment applications as a Type V decision and make a recommendation to City Council. A public hearing is to be held before City Council with a final decision made by the Council. Initially, the City had received one application to amend the official street map (AMD2024-0007), adjacent to 15730 75th Pl W. This amendment was presented to the Planning Board on May 28, 2025. While the Planning Board minutes for this meeting are not yet available, the recommendation from the board was to amend the official street map to remove the 10-ft right-of-way dedication with potential compensation to be considered by City Council. Following the Planning Board meeting, staff confirmed that city code did not allow for compensation related to modifications of the official street map, even where those modifications would have the effect of eliminating right-of-way dedication requirements. It was also noted at that time there were two other properties in the vicinity of the subject application that were subject to street dedication per the Official Street Map. The addresses of these two properties are 15730 and 15604 75th Pl W. In an effort to streamline processes, staff recommends including 15730 and 15604 75th Pl W in the decision- making process related to AMD2024-0007. Staff’s analysis in review of AMD2024-0007 (15700 75th Pl W) and subsequently 15730 and 15604, has concluded the dedication areas fall entirely within steep slopes and are not needed for the purposes of travel lanes, sidewalk or public utility infrastructure. In addition to the historical actions that support the reduction of the west side right-of-way width along 75th Pl W (in vicinity of all three properties), it should also be noted this area was identified for a city initiated official street map amendment to remove the required dedication. That effort, however, never came to fruition. 9.2 Packet Pg. 522 During the council committee deliberations, some interest was expressed in reducing the width of this right-of-way along the west side of 75th Place W from N Mead Rd all the way to the park. Staff does not have sufficient survey data at this time to make that recommendation but this lack of information does not prevent the council from directing that such a change be made. Attachments: ATTACHMENT 1 VICINITY MAP ATTACHMENT 2 OFFICIAL STREET MAP ATTACHMENT 3 ALTMANN STAFF REPORT AND ATTACHMENTS AMD2024-0007 scanned ATTACHMENT 4 BROWN AMENDMENT REQUEST 15700 75TH PL W ATTACHMENT 5 KOH AMENDMENT REQUEST 15604 75TH PL W ATTACHMENT 6 HISTORICAL ACTIONS SITE PLAN ATTACHMENT 7 ORD 2799 VACATION ATTACHMENT 8 - 10FT DEDICATION 15706 AND 15714 75TH ATTACHMENT 9 ORD NO. 2957 STREET VACATION ATTACHMENT 10 ORD 3206 - 158TH ST SW ROW VACATION ATTACHMENT 11 SUBDIVISION SOUTH NO DEDICATION ATTACHMENT 12 SUBDIVISION NORTH NO DEDICATION PRESENTATION STREET MAP AMENDMENT 9.2 Packet Pg. 523 9,028 THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Control Script failed for control _ScaleBarDist ance2 , Source= _CorrectedDi stance Feet Legend 6,062 Control Script failed for control HalfDistance , Source= HalfDistanceCalc© City of Edmonds Control Script failed for control _ScaleBarDistance , Source= _CorrectedDistance 0 WGS_1984_Web_Mercator_Auxiliary_Sphere 1: VICINITY MAP Notes Sections Boundary Sections Edmonds Boundary ArcSDE.GIS.PROPERTY_BUILDINGS ArcSDE.GIS.STREET_CENTERLINES <all other values> Interstate Principal Arterial Minor Arterial; Collector Local Street; On Ramp State Highways <all other values> 0 1 2 County Boundary Parks ArcSDE.GIS.PROPERTY_WASHINGTON ArcSDE.GIS.PROPERTY_CITIES ArcSDE.GIS.PROPERTY_CITIES City of Edmonds City of Lynnwood City of Mountlake Terrace Unincorporated King Co; Unincorporated County City of Woodway City of Arlington; City of Bothell; City of Brier; City of Everett; City of Gold Bar; City of Granite Falls; City of Lake Stevens; City of Marysville; City of Mill Creek; City of Monroe; City of Mukilteo; City of Snohomish; City of Stanwood; City of Sultan; Town of Darrington; Town of Index Snohomish County 9.2.a Packet Pg. 524 At t a c h m e n t : A T T A C H M E N T 1 V I C I N I T Y M A P ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) ATTACHMENT 2 9.2.b Packet Pg. 525 At t a c h m e n t : A T T A C H M E N T 2 O F F I C I A L S T R E E T M A P ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) 9.2.c Packet Pg. 526 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 527 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 528 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 529 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 530 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 531 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 532 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 533 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 534 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 535 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 536 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 537 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 538 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 539 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 540 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 541 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 542 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 543 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 544 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 545 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 546 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 547 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 548 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 549 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 550 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 551 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 552 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 553 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 554 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 555 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 556 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 557 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 558 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 559 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 560 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 561 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 562 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 563 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 564 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 565 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 566 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n 9.2.c Packet Pg. 567 At t a c h m e n t : A T T A C H M E N T 3 A L T M A N N S T A F F R E P O R T A N D A T T A C H M E N T S A M D 2 0 2 4 - 0 0 0 7 s c a n n e d [ R e v i s i o n 1 ] ( P u b l i c H e a r i n g o n ATTACHMENT 4 9.2.d Packet Pg. 568 At t a c h m e n t : A T T A C H M E N T 4 B R O W N A M E N D M E N T R E Q U E S T 1 5 7 0 0 7 5 T H P L W ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t 9.2.d Packet Pg. 569 At t a c h m e n t : A T T A C H M E N T 4 B R O W N A M E N D M E N T R E Q U E S T 1 5 7 0 0 7 5 T H P L W ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t 9.2.d Packet Pg. 570 At t a c h m e n t : A T T A C H M E N T 4 B R O W N A M E N D M E N T R E Q U E S T 1 5 7 0 0 7 5 T H P L W ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t 9.2.d Packet Pg. 571 At t a c h m e n t : A T T A C H M E N T 4 B R O W N A M E N D M E N T R E Q U E S T 1 5 7 0 0 7 5 T H P L W ( P u b l i c H e a r i n g o n June 15, 2025 City of Edmonds Engineering Division 121 5th Ave N Edmonds, WA 98020 Project Location: Tax Parcel No: 00513100002410 Street Address: 15604 75th Pl W, Edmonds, WA 98026 To Whom It May Concern: I am writing to apply for an Official Street Map Amendment at 15604 75th PI W. I am applying to remove the right-of-way (ROW) dedication requirement that would move the eastern property line 10' to the west as a condition of final approval of construction permit BLD2023-0640. During my conversations with the City Engineer, I was informed that the City of Edmonds is considering this street map amendment for several parcels under AMD2024-0007 and, if approved, the ROW dedication at our client’s property would not be needed. W e had previously submitted a draft of the street dedication which was awaiting review from the city attorney and approval from the city council (it was to be placed on the ‘council consent agenda’ for approval). If approved, this street map amendment would allow th e final approval for BLD2023- 0640 (which will hopefully be wrapping in the Fall of 2025) without executing the 10’ dedication. This Official Street Map Amendment request meets the purposes of the following: •City of Edmonds Comprehensive Plan - 2024 The amendment will maintain Edmonds ’ commitment to well-designed streets that are safe, welcoming, and accessible for all residents regardless of age, ability, or mode of transportation. •Comprehensive Street Plan - Edmonds Community Development Code Chapter 15.40 The amendment will not disrupt the coordinated street plan, primarily because this segment of 75th Place W is not a thoroughfare. To the north 16, ATTACHMENT 5 9.2.e Packet Pg. 572 At t a c h m e n t : A T T A C H M E N T 5 K O H A M E N D M E N T R E Q U E S T 1 5 6 0 4 7 5 T H P L W ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) of Meadowdale Beach Rd, 75th PI W is not classified as a Collector Street, but rather a Local Street. Furthermore, 75th PI W has no outlet to the north of N Meadowdale Rd. Therefore, expanding the current street width into the ROW would not increase the utility of this roadway. Finally, the topography of the area in question would make expa nsion of the roadway uneconomical, as it is a very steep slope down from near the existing W edge of pavement of 75th Pl W. • Official Street Map - Edmonds Community Development Code Chapter 18.50 The amendment will not have an adverse effect on the Official Street Map. The city has previously determined that dedication of the ROW for additional road width would not be pursued at this location. Please see attached: Attachment A: Vicinity Map Attachment B: Site Specific Map (amended dedication sketch) Attachment C: Site Specific Map (amended siteplan) Attachment D: Site specific map (amended full survey) Thank you for your consideration, Jack Bader Architect, Partner Phone: 206-204-0490 E-mail: jack@motion-space.com 9.2.e Packet Pg. 573 At t a c h m e n t : A T T A C H M E N T 5 K O H A M E N D M E N T R E Q U E S T 1 5 6 0 4 7 5 T H P L W ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) 31 0 4 W e s t e r n A v e # 1 0 7 Se a t t l e , W A 9 8 1 2 1 20 6 . 2 0 4 . 0 4 9 0 ww w . m o t i o n -sp a c e . c o m mo t i o n sp a c e ar c h i t e c t u r e + d e s i g n P L L C 15 6 0 4 7 5 t h P l W , E d m o n d s W A 9 8 0 2 6 Ko h R e s i d e n c e 1" = 20'-0" Sketch Showing 10' Street Dedication + Easements Vicinity Map VICINITY PLAN FOR 15604 75TH PL W, BLD2023-0640 PR O P O S E D S T R E E T MA P A M E N D M E N T SK E T C H Attachment A200' SUBJECT PARCEL: 15604 75th Pl W, Edmonds, WA 98026 00513100002410 9.2.e Packet Pg. 574 At t a c h m e n t : A T T A C H M E N T 5 K O H A M E N D M E N T R E Q U E S T 1 5 6 0 4 7 5 T H P L W ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) Exhibit B DEPICTION 20' ROW 0 ( $ ' 2 : ' $ / ( ¬ % ( $ & + BLOCK 24 BLOCK 28 LOT 1 GROUNDMARK LAND SURVEYING, PLLC RIGHT OF WAY DEDICATION PARCEL. NO. 00513100002410 15604 75TH PL W, EDMONDS, WA 98026 NW 1/4 SW 1/4 SEC. 5, TWP. 27N. RGE. 4E, W.M. EXHIBIT N.T.S. 9/6 / 2 3 15604 75th Pl W, Edmonds WA 98026 Koh Residence PROPOSED STREET MAP AMENDMENT SKETCH: 6/16/25 STREET MAP AMENDMENT WOULD REPLACE PREVIOUSLY PREPARED DEDICATION Attachment B Note: Blue revisions to Surveyor's 9/6/23 sketch showing noting proposed street map amendment at previous location of dedication 9.2.e Packet Pg. 575 At t a c h m e n t : A T T A C H M E N T 5 K O H A M E N D M E N T R E Q U E S T 1 5 6 0 4 7 5 T H P L W ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) 88° 00' 03" 192.99' S E 0° 43' 19" 150.68' S W 87° 38' 29" 195.32' N W 0° 08' 39" 151.97' S E 75 t h P L A C E W ( E X I S T I N G A S P H A L T P A V I N G T O R E M A I N , T Y P ) NEW 1 STORY SFR EXISTING ACCESS EASEMENT FOR PROPERTY TO NORTH PER AFN 200010235001 1 0 ' - 0 " 25' - 0" P R O P O S E D N E W D R I V E W A Y ( A S P H A L T ) 10' - 0" REQUIRED 10' STREET DEDICATION MINIMUM STRUCTURE SETBACK FROM ACCESS EASEMENT CURRENT PROPERTY LINE REQUIRED FRONT YARD SETBACK TAKEN FROM LINE OF DEDICATION 5 0 ' - 0 " LINE DESCRIBING 'TOP OF BLUFF' PER EDMONDS, WITH REQUIRED 50' STRUCTURE SETBACK SURVEYED STEEP SLOPES / LANDSLIDE HAZARD AREAS, TYP. SEE GEOTECHNICAL REPORT AND ADDENDUM LETTER FOR MORE INFORMATION PROJECT PROPOSES SIDE SEWER EASEMENT PER AFN 8306230289 CO- LOCATED WITH ACCESS EASEMENT, AS WELL. INTERSECTION OF DRIVEWAY AND 75TH PL W ALIGNED WITH ACCESS EASEMENT, WHERE ALLOWED BY TOPOGRAPHY NGPE 31 0 4 W e s t e r n A v e # 1 0 7 Se a t t l e , W A 9 8 1 2 1 20 6 . 2 0 4 . 0 4 9 0 ww w . m o t i o n -sp a c e . c o m mo t i o n sp a c e ar c h i t e c t u r e + d e s i g n P L L C 01/26/24 St r e e t D e d i c a t i o n S k e t c h 15 6 0 4 7 5 t h P l W , E d m o n d s W A 9 8 0 2 6 Ko h R e s i d e n c e SK-D1" = 20'-0" Sketch Showing 10' Street Dedication + Easements PR O P O S E D S T R E E T MA P A M E N D M E N T SK E T C H SKETCH SHOWING PROPOSED STREET MAP AMENDMENT NOTE: exact configuration of driveway interface with 75th Pl W TBD. Parcel to the N (grantee of access easement is also doing project, to stay as-is through that process at least) Attachment C 9.2.e Packet Pg. 576 At t a c h m e n t : A T T A C H M E N T 5 K O H A M E N D M E N T R E Q U E S T 1 5 6 0 4 7 5 T H P L W ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) 20' ROW 20' ROW 50' ROW GROUNDMARK LAND SURVEYING, PLLC BOUNDARY & TOPOGRAPHIC SURVEY NW 1/4 SW 1/4 SEC. 5, TWP. 27N. RGE. 4E, W.M. MICHAEL KOH BENG CHYE PARCEL. NO. 00513100002410 15604 75TH PL W, EDMONDS, WA 98026 LEGEND: 9/2 8 / 2 2 10'-0" 10'-0" 15604 75th Pl W, Edmonds WA 98026 Koh Residence PROPOSED STREET MAP AMENDMENT SKETCH: 6/16/25 STREET MAP AMENDMENT WOULD REPLACE PREVIOUSLY PREPARED DEDICATION Attachment DNote: Blue revisions to Surveyor's 9/28/22 survey showing noting proposed street map amendment at previous location of dedication 9.2.e Packet Pg. 577 At t a c h m e n t : A T T A C H M E N T 5 K O H A M E N D M E N T R E Q U E S T 1 5 6 0 4 7 5 T H P L W ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) ATTACHMENT 10 9.2.f Packet Pg. 578 At t a c h m e n t : A T T A C H M E N T 6 H I S T O R I C A L A C T I O N S S I T E P L A N ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) 7ac) 0006.190A.057 WSS/klt 09/21/90 R:09/25/90 ORDINANCE NO. 2799 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A THIRTY FOOT WIDE PORTION OF THE WESTERLY EDGE PLATTED BUT UNBUILT RIGHT-OF-WAY OF 75TH PLACE WEST, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, pursuant to ordinance and statute, the City Council of the City of Edmonds, Washington, has held a public hearing to consider the proposed vacation (ST-3-89) of the westerly portion of the right-of-way of 75th Place West lying south of the intersection of North Meadowdale Road as shown on Exhibit A; and WHEREAS, pursuant to the findings of the City's responsible official, the City Council finds that there will be no significant environmental impact; WHEREAS, this Council has received the findings and recommendations of its hearing officer, and based thereon, as well as based upon the testimony derived at the hearing before the City Council, finds that the property is surplus to the needs of the City and should be vacated subject to the conditions contained in this ordinance and in exchange for certain dedications to public use; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the following described easement previously dedicated for street purposes is hereby vacated WSS526780 -1- 9.2.g Packet Pg. 579 At t a c h m e n t : A T T A C H M E N T 7 O R D 2 7 9 9 V A C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) reserving the City and its franchisees a surface and subsurface utility easement, and easement for construction and maintenance of such reserved uses. Said right-of-way to be vacated is located within the City of Edmonds, Snohomish County, Washington, and is described as the westerly right-of-way of 75th Place West, lying south of its intersection with North Meadowdale Road, shown and legally described on the attached Exhibit A, incorporated by this reference as fully herein set forth; Provided, however, that this vacation has been expressly conditioned upon the dedication to public use, of all property underlying the as constructed 75th Avenue West; grant of and reservation of a ten foot public utility and maintenance easement for all existing utilities; completion of a center line survey of 75th Place West for a 40 foot right-of-way between 164th Street S.W. and 156th Street S.W., dedication by Hawley-McCorkle of three lots of a contemporaneous approved rezone and subdivision for park and other purposes, and that all legal documents necessary to accomplish same be ready for acceptance contemporaneously with this vacation. Said property to be dedicated to public use is shown on attached Exhibit B, and by this reference is incorporated in herein as fully as if herein set forth. Section 2. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Snohomish County Auditor contemporaneously with Deeds of Dedication from the current owners of the properties indicated in the Council's Findings of Fact, upon acceptance of the same by the City WSS52678O -2- 9.2.g Packet Pg. 580 At t a c h m e n t : A T T A C H M E N T 7 O R D 2 7 9 9 V A C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) Council. The Community Services Director or his designee is hereby instructed to amend the Comprehensive Street Plan to reflect the vacation and dedication. Section 3. 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 the ordinance or a summary thereof consisting of the title. APPROVED: MAYOR, ERR)' J9. ATTEST/AUTHENTICATED: CITY LERK, JAC UELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY VL FII D WITH THE CITY CLERK: e tember 27, 1990 PASSED BY THE CITY COUNCIL: Ober 16, 1990 PUBLISHED: November 18, 1990 EFFECTIVE DATE: November 23, 1990 ORDINANCE NO. 2799 WSS526780 -3- 9.2.g Packet Pg. 581 At t a c h m e n t : A T T A C H M E N T 7 O R D 2 7 9 9 V A C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) EXHIBIT A Parcel A: Lots 1 to 10, inclusive, Block 59, Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington; EXCEPT the Easterly 40 feet of said Lots 1 thru 10 as measured at right angles to the Easterly boundaries thereof; ALSO EXCEPT that portion of lots 9 and 10 appropriated by Snohomish County for Public Highway by decree of appropriation entered in Snohomish County Superior Court Cause No. 37516; ALSO EXCEPT that portion of Lot 10, Block 59, Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington, described as follows: Beginning at a point on the South line of Lot 10 South 89 46116" West, a distance 41.33 feet from the Southeast corner of said lot 10, Thence continuing South 89 46116" West along said South line 30 feet Thence to a point on the Westerly margin of said South line 30 feet Thence to a point on the Westerly margin of said Easterly 40 feet lying North 14 21116" East a distance 30 feet from true point of beginning: Thence South 14 21116" West 30 feet to true point of beginning; TOGETHER WITH that portion of vacated street, as vacated by Edmonds City ordinance #2073, which upon vacation attached to said property by operation of law. All situate in the county of Snohomish, State of Washington. 9.2.g Packet Pg. 582 At t a c h m e n t : A T T A C H M E N T 7 O R D 2 7 9 9 V A C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) 6Exhibit' s V ( j G7 - 1 l r 7 a VICINITY MAP ST-3-89 l, z 35 a60 1140 iia 10 10 i— a 2 4 3 4 2 3 5 3 4 5 5 6 1r 4 5 - - 59 58 7 ( 5 6 8 6 7 56 7 8 X 9 S7 Q 162 N D ST S_W. 66 (A) S1 2 2 Q gl S-6'[-78 3 3 4 ! 4 5 f 5 5 l 53 52 4 r` ma 60 3 mN 67 opened Street Right -of -Way to be Vacated u PREVIOUS RIGHT-OF-WAY MAPS Ord.No Ref.0-q. 9.2.g Packet Pg. 583 At t a c h m e n t : A T T A C H M E N T 7 O R D 2 7 9 9 V A C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) y-)-)1+-) Affidavit of Publication STATE OF WASHINGTON, ss COUNTY OF SNOHOD&ISH, 3UMWAffV_OF__ The undersigned, being first duly sworn on oath deposes and says ORDINANCE NO, 2709 nl the Clfv of that she is Principal Clerk of THE HERALD, a daily newspaperEdmonds, W¢shhylfan oil l"Ir lty day of October'. ity printed and published in the City of Everett Count of Snohomishof4E'dinurMs p %s all dlnanice p p Y Y No. 2194.. A summary at rile and State of Washington; that said newspaper is a newspaper oftonfentofsoldordinance. coosistinq of the iloo, provides a8.follews: general circulation in said County and State; that said newspaperANORDINANCEOFTHECITY OF EDMONDS. WASHINGTON VACATING A THIRTY FOOT has been approved as a legal newspaper by order of the Superior WIDE PORTION OF THE wESflUr UN UI EDGE PLATTED Court of Snohomish Count and that the notice ........................................ BifT LlNBiJiL7 RIGHT-OF-WAY Y OF 7STH PLACE WEST AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFEC• TIVE. Summary.-of._Ordinance No. 2799 The full text of this Ordinance .._......... - -------------••.•......•........... wilt be mailed opal) reauest DATED flits 30fh day at OCIDber 1990 JA ouKINE G. PARRETT cityClerk ......,..«....»«.._» ........... .......... ......................... ........ ............... ........... . ... EXHIBIT A PARCEL A: Lots 1 to 10, Inclusive, Block S9, meo[fowdole BeDCh, a5 sseer plat recordpned fit Valume............................. 6.................... ..................................... .......................................... ... of Snollopr'ra+I51138'Counfvs a printed coy of which is hereunto attached was Washin 7tpn. p p , published in said tee, op.sald Lotsuirlhvou411 newspaper proper and not in supplement form, in the regular and lg us !1r^0. red .at rig it pnples to the Easter) entire edition of said paper on the following days and times, namely: boundor'les }hOrCoh ALSO EXCEPT tlr[+t portloll of lots 9 and 10 oparaprIc d by Snalipmislr Cuu!lty for Public Hipliway by decree of apgroprlatlan entered In November 1.8 = 1990 Snohomish Counly Su erior ............ •.....................:..............:..:.................._:.......... ......................... . tourALSO ExCEpT IN& Portion of Let 10, Block 59, Meadow- dale 8eoch, as per plot recordedin Volume 5 of i ................... ................. ......,........ ....... ............ ............................. ........ .................. .------ PIa1s, pope 38, records of Snttinmishgton, descrCounty, and that said newspaper was regularly distributed to its subscribers as follows: Beglonln0 at a pains an the during all of said period. South Ifne of L.Ot 10 South fig 46'I6" West, a distance A1.33 feet from the 5outheost _ corner of sold lot 10 ' • '., f % / r .. f. ` Thence Continuing Saud+ 89 - 46t6'• Wdst along said South Principal Clerkline30feetp 7henco f0 d point ors the Westerly margin of Sold South One 30 feet 19 t hThencetoapointantoleSubscribedandsworntobeforemethis ... ....... :..:.............. Westerly m¢rppin pl soldEasferty40VlvintlNorth 14 21'16" Ca5f d distance 30 feet From true point of TI10nCo , day of......_. ...... Novemb ....... 90 begl+ce S Dtdh 14 2t'16" west ---...., 19...._._.. 30 feet to true Point of begtnninpp - TOGETlieR WITH thatportionofv¢cafed street as ....d::' ..... 1 ordlnonCey -92073. wtrleh N t ry Publi in a d for the State of Washington, said property by ooperation ing at Everett, Snohomish County. of tow. All silaofc in the county of Snohomish. State of WoyhlnptDn. PUDIIShad: November 18, 1"0' B-2-1 9.2.g Packet Pg. 584 At t a c h m e n t : A T T A C H M E N T 7 O R D 2 7 9 9 V A C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) U n o f f i c i a l D o c u m e n t 5/16/25, 2:48 PM Landmark Web Official Records Search https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaInstrumentNumber&quickSearchSelection=#1/2 9.2.h Packet Pg. 585 At t a c h m e n t : A T T A C H M E N T 8 - 1 0 F T D E D I C A T I O N 1 5 7 0 6 A N D 1 5 7 1 4 7 5 T H ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) U n o f f i c i a l D o c u m e n t 5/16/25, 2:48 PM Landmark Web Official Records Search https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaInstrumentNumber&quickSearchSelection=#2/2 9.2.h Packet Pg. 586 At t a c h m e n t : A T T A C H M E N T 8 - 1 0 F T D E D I C A T I O N 1 5 7 0 6 A N D 1 5 7 1 4 7 5 T H ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) 0006.190A.059 WSS /are 09/27/93 rev: 10/19/93 ORDINANCE NO. 2957 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A PORTION OF THE RIGHT OF WAY OF 75TH PLACE WEST LYING ADJACENT TO 15706 AND 15714 75TH PLACE WEST DESCRIBED HEREIN AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council received a dedication of ten 10) feet of right of way from the property owners located at 15706 and 15714 75th Place West, Edmonds, Washington, and WHEREAS, it was subsequently discovered that City Ordinance No. 2799 had reduced the required right of way width of 75th Place West between 164th Street S.W. and 156th Street S.W. from sixty (60) feet to forty (40) feet obviating the need for the dedication, and WHEREAS, due to the prior accepted dedication of the property and the requirements of state law it is now necessary to formally vacate the property pursuant to ordinance, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council hereby finds that the dedication of a portion of the westerly right of way of 75th Place West lying adjacent to 15706 and 15714 75th Place West more particularly described in quit claim deeds under Recording Number 9207280748 Volume 2602 Page 1224 (which supersedes Recording Number 57352.1 -1- 9.2.i Packet Pg. 587 At t a c h m e n t : A T T A C H M E N T 9 O R D N O . 2 9 5 7 S T R E E T V A C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) 911001252 Volume 2487 Page 1423) and 911001251 Volume 2487 Page 1422 are surplus to the needs of the City, acquired in error and shall be vacated. The property's vacation shall be returned to the property owners by whom the right of way was dedicated without compensation and therefore no compensation shall be required. Section 2. The City Clerk is hereby authorized to record with the Snohomish County Auditor a copy of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: ATTEST /AUTHENTICATED: r 1. ?6iLTYCLERK, M• D, MARCHJ. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY I A c FILED WITH THE"-tITY CLERK: 10/19/93 PASSED BY THE CITY COUNCIL: 10/19/93 PUBLISHED: 10/24/93 EFFECTIVE DATE: 10/29/93 ORDINANCE NO. 2957 57352.1 -2- 9.2.i Packet Pg. 588 At t a c h m e n t : A T T A C H M E N T 9 O R D N O . 2 9 5 7 S T R E E T V A C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) SUMMARY OF ORDINANCE NO. 2957 of the City of Edmonds, Washington On the 19th day of October. , 1993, the City Council of the City of Edmonds, passed Ordinance No. 2957 . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A PORTION OF THE RIGHT OF WAY OF 75TH PLACE WEST LYING ADJACENT TO 15706 AND 15714 75TH PLACE WEST DESCRIBED HEREIN AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. request. The full text of this Ordinance will be mailed upon DATED this 20th day of October , 1993. CITY CLERK, ONDA J. MARCH 9.2.i Packet Pg. 589 At t a c h m e n t : A T T A C H M E N T 9 O R D N O . 2 9 5 7 S T R E E T V A C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) Affidavit of Publication STATE OF WASHINGTON, ss. COUNTY OF SNOHOMISH, The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of SUMMARY OF ORDINANCE NO. 2957 , general circulation in said County and State; that said newspaper of the City of On theo19dth day of October, has been approved as a legal newspaper by order of the Superior 1993, the City. Council of the City of Edmonds, passed Court of Snohomish County and that the notice ......... .... ........................... Ordinance No. 2957. A' summary of the content of said ordinance, consisting of the title provides as follows ANORdINANCEOFTHECITY ,,,--- .-- Sumildry of Ordinance No. - 2957 City of. Edmonds efull text of this ............................................................ .......................................................................... s1ce will be mailed upon a corinted TED this 20th day of p py of which is hereunto attached, was published in said H6riDA'J. MARCH newspaper proper and not in supplement form, in the regular and Ity Clerk . shed: October 24, 1993, entire edition of said paper on the following days and times, namely: Q. c. t. ob. e.x..2 4.-, .... 1. 9. 93 ............................... .......... ......................................... and that said..- n wspaper was regularly distributed to _its subscribers during ,all of said period. f -- - - - -. ` 1..._....... ........ 1 ....................................... r ; / Principal Clerk Subscribed and sworn to before me this..... 26th of....... Oc t..be.r ... ........ ................ 19.93... I . ............ . ........ ..................................... Notary Public in and for he S ate of Washington, residing at Everett, Sno o County. AE.1.q ' fi NpTAP., PUBIOC' 2 y 5 -19 94 )© VV A B-2-1 9.2.i Packet Pg. 590 At t a c h m e n t : A T T A C H M E N T 9 O R D N O . 2 9 5 7 S T R E E T V A C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) U n o f f i c i a l D o c u m e n t 5/16/25, 2:11 PM Landmark Web Official Records Search https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaInstrumentNumber&quickSearchSelection=#1/4 9.2.j Packet Pg. 591 At t a c h m e n t : A T T A C H M E N T 1 0 O R D 3 2 0 6 - 1 5 8 T H S T S W R O W V A C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) U n o f f i c i a l D o c u m e n t 5/16/25, 2:11 PM Landmark Web Official Records Search https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaInstrumentNumber&quickSearchSelection=#2/4 9.2.j Packet Pg. 592 At t a c h m e n t : A T T A C H M E N T 1 0 O R D 3 2 0 6 - 1 5 8 T H S T S W R O W V A C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) U n o f f i c i a l D o c u m e n t 5/16/25, 2:11 PM Landmark Web Official Records Search https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaInstrumentNumber&quickSearchSelection=#3/4 9.2.j Packet Pg. 593 At t a c h m e n t : A T T A C H M E N T 1 0 O R D 3 2 0 6 - 1 5 8 T H S T S W R O W V A C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) U n o f f i c i a l D o c u m e n t 5/16/25, 2:11 PM Landmark Web Official Records Search https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaInstrumentNumber&quickSearchSelection=#4/4 9.2.j Packet Pg. 594 At t a c h m e n t : A T T A C H M E N T 1 0 O R D 3 2 0 6 - 1 5 8 T H S T S W R O W V A C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o A m e n d t h e O f f i c i a l S t r e e t M a p ) m e n t U n o f f i c i a l D o c u m 5/16/25, 2:15 PM Landmark Web Official Records Search https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaInstrumentNumber&quickSearchSelection=#1/2 9.2.k Packet Pg. 595 At t a c h m e n t : A T T A C H M E N T 1 1 S U B D I V I S I O N S O U T H N O D E D I C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o m e n t 5/16/25, 2:15 PM Landmark Web Official Records Search https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaInstrumentNumber&quickSearchSelection=#2/2 9.2.k Packet Pg. 596 At t a c h m e n t : A T T A C H M E N T 1 1 S U B D I V I S I O N S O U T H N O D E D I C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o m e n t U n o f f i c i a l D o c u m $0 /anGmaUN :eE 2fficial 5ecoUGV 6eaUcK KttSVZZZVnocooUJ5ecoUGeGDocumentVVeaUcKinGe["tKeme Elue Vection VeaUcK&UiteUia,nVtUument1umEeU TuicN6eaUcK6election ATTACHMENT 12 9.2.l Packet Pg. 597 At t a c h m e n t : A T T A C H M E N T 1 2 S U B D I V I S I O N N O R T H N O D E D I C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o m e n t 6/24/25, 10:51 AM Landmark Web Official Records Search https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaInstrumentNumber&quickSearchSelection=#2/2 9.2.l Packet Pg. 598 At t a c h m e n t : A T T A C H M E N T 1 2 S U B D I V I S I O N N O R T H N O D E D I C A T I O N ( P u b l i c H e a r i n g o n P r o p o s a l t o CIT Y O F E DM O N D S Inc.1 8 9 0 Official Street Map Amendment75th Pl W July 22, 2025 Council Public Hearing 9.2.m Packet Pg. 599 At t a c h m e n t : P R E S E N T A T I O N S T R E E T M A P A M E N D M E N T ( P u b l i c H e a r i n g o n P r o p o s a l t o CIT Y O F EDM O N D S Inc.1 8 9 0 VICINITY MAP OFFICIAL STREET MAP 75TH PL W – AMENDMENT LOCATIONS 9.2.m Packet Pg. 600 At t a c h m e n t : P R E S E N T A T I O N S T R E E T M A P A M E N D M E N T ( P u b l i c H e a r i n g o n P r o p o s a l t o CIT Y O F EDM O N D S Inc.1 8 9 0 •Official Street Map – Purpose (ECDC 18.50.000) •Implement Comprehensive Street Plan •Regulate construction of improvements which could prevent implementation of comprehensive plan •Dedication Required (ECDC 18.50.020) •Proposed developments – vacant land to Single Family Residences •Official Street Map indicates desired 60-ft ROW along 75th Pl W •Street Map Changes (ECDC Chapter 20.65) •Planning Board to Review as a Type V Decision •Types of Development Projects (ECDC Chapter 20.01) •Planning Board recommendation to Council •Council makes final decision after public hearing Edmonds CommunityDevelopment Code 9.2.m Packet Pg. 601 At t a c h m e n t : P R E S E N T A T I O N S T R E E T M A P A M E N D M E N T ( P u b l i c H e a r i n g o n P r o p o s a l t o CIT Y O F EDM O N D S Inc.1 8 9 0 Additional Considerations ➢ROW not needed for the purposes of travel lanes, sidewalk or public utility infrastructure ➢Zoning regulations require street setback to be taken from the right-of-way (ROW)/property line ➢Moving ROW line further west would push residences further down steep slope ➢Moving the house further to the west could create steep slope driveways ➢Edmonds Community Development Code 18.80.060.D restricts driveway slopes to 14% (waiver to 20%) 9.2.m Packet Pg. 602 At t a c h m e n t : P R E S E N T A T I O N S T R E E T M A P A M E N D M E N T ( P u b l i c H e a r i n g o n P r o p o s a l t o CIT Y O F EDM O N D S Inc.1 8 9 0 15730 75th Pl W 9.2.m Packet Pg. 603 At t a c h m e n t : P R E S E N T A T I O N S T R E E T M A P A M E N D M E N T ( P u b l i c H e a r i n g o n P r o p o s a l t o CIT Y O F EDM O N D S Inc.1 8 9 0 LOOKING SOUTH LOOKING NORTH 15730 75TH PL W 15730 75th Pl W 9.2.m Packet Pg. 604 At t a c h m e n t : P R E S E N T A T I O N S T R E E T M A P A M E N D M E N T ( P u b l i c H e a r i n g o n P r o p o s a l t o CIT Y O F EDM O N D S Inc.1 8 9 0 15700 75th Pl W 9.2.m Packet Pg. 605 At t a c h m e n t : P R E S E N T A T I O N S T R E E T M A P A M E N D M E N T ( P u b l i c H e a r i n g o n P r o p o s a l t o CIT Y O F EDM O N D S Inc.1 8 9 0 LOOKING SOUTH LOOKING NORTH 15700 75TH PL W 15700 75th Pl W 9.2.m Packet Pg. 606 At t a c h m e n t : P R E S E N T A T I O N S T R E E T M A P A M E N D M E N T ( P u b l i c H e a r i n g o n P r o p o s a l t o CIT Y O F EDM O N D S Inc.1 8 9 0 15604 75th Pl W 9.2.m Packet Pg. 607 At t a c h m e n t : P R E S E N T A T I O N S T R E E T M A P A M E N D M E N T ( P u b l i c H e a r i n g o n P r o p o s a l t o CIT Y O F EDM O N D S Inc.1 8 9 0 LOOKING SOUTH LOOKING NORTH 15604 75TH PL W 15604 75th Pl W •New SFR under construction •Sidewalks waiver – steep slope, poor soils, excessive cost •2/20/2024 – Council approved ROW dedication (not yet recorded) 9.2.m Packet Pg. 608 At t a c h m e n t : P R E S E N T A T I O N S T R E E T M A P A M E N D M E N T ( P u b l i c H e a r i n g o n P r o p o s a l t o CIT Y O F EDM O N D S Inc.1 8 9 0 Historical actions support reduction of west side ROW along 75th Pl W •1990 – Ord. 2799 vacated 75th Pl W, south of North Meadowdale Rd •1990 – 10-ft street dedication (15706 and 15714 75th Pl W) •1993 – Ord. 2957 vacating ROW deeded to the City in 1990 •1998 – Ord. 3206 vacating 158th St SW ROW, maintaining a 20-ft half width ROW along the westerly side 75th Pl W •1999 – Subdivision (north) – no dedication requirement •2004 – Subdivision (south) - no dedication requirement Historical Actions 9.2.m Packet Pg. 609 At t a c h m e n t : P R E S E N T A T I O N S T R E E T M A P A M E N D M E N T ( P u b l i c H e a r i n g o n P r o p o s a l t o May 28th - Reviewed by the Planning Board Recommendation to Council: Amend the official street map to remove the 10-ft right-of-way dedication with potential compensation to be considered by City Council. City code does not allow for compensation for this type of action. Planning Board 9.2.m Packet Pg. 610 At t a c h m e n t : P R E S E N T A T I O N S T R E E T M A P A M E N D M E N T ( P u b l i c H e a r i n g o n P r o p o s a l t o ➢May 28th - Planning Board ➢July 1st – Council Committee ‘A’ ✓July 22nd - Public Hearing Before City Council ➢August 12th - Adoption Next Steps … 9.2.m Packet Pg. 611 At t a c h m e n t : P R E S E N T A T I O N S T R E E T M A P A M E N D M E N T ( P u b l i c H e a r i n g o n P r o p o s a l t o City Council Agenda Item Meeting Date: 07/22/2025 Public Hearing on Street Vacation Code Updates Staff Lead: Mike De LIlla Department: Engineering Preparer: Emiko Rodarte Background/History July 9, 2019 – Introduction at City Council PPW Committee October 1, 2019 – Introduction at City Council October 15, 2019 – Public Hearing at City Council June 3, 2025 – Council Committee A Staff Recommendation Hold a public hearing on proposed amendments followed by discussion during the council business portion of the agenda. Give staff direction with regard to any amendments that council would like to see. Narrative Edmonds Community Development Code (ECDC) Chapter 20.70 Street Vacations establishes procedures and criteria that the city uses to make decisions regarding vacations of streets, alleys, and public access easements. Amendments to the street vacation code were proposed in 2019 and included a public process before the Planning Board and City Council. At that time, Council requested an additional public hearing, but in consideration of significant forthcoming changes in the council and mayoral positions, staff was asked by the Mayor and Council President to hold off bringing the code update back to Council until 2020. In 2020 the pandemic further delayed the code update progress. After a long period of dormancy, this update was bumped back up on the priority list in response to the mayor’s directive to look under ever stone for ways to support the city’s financial needs. The proposed code update would likely lead to increased compensation to the City over time and therefore staff is bringing this back to the council. Amendments to the street vacation code are proposed to address the following: • Placement of street vacation code under Title 18 – Public Works Requirements • Reorganization and clarification of various code sections to make the process and requirements more clear • Clarification that this code section applies to the vacation of streets, alleys, and public easements relating to street, pedestrian or travel purposes • Requirement for an appraisal to be completed by a city selected appraiser, at the expense of the applicant and only after a resolution of intent has been approved by the council. 9.3 Packet Pg. 612 • Allowance for the conditions placed on the street vacation to be met within a time frame set by resolution or within 90-days as stated in the code. Much of the code update is primarily related to reorganization and adding clarification to the process. Changes to the code are proposed to align the City’s street vacation code with state law regarding street vacations as contained in chapter 35.79 RCW. The Planning Board’s previous discussions largely focused on monetary compensation for the vacations, the appraisal process, and the ability of the applicants to challenge conditions related to the vacation. The Planning Board recommended code update options, which are included in this packet for reference. Staff is recommending modification of the street vacation code to conform with state law. Although street vacations do not occur frequently, a single large street vacation has the potential to capture significant revenue, given the high property values in Edmonds. That revenue would be received by the general fund. Staff’s recommendation also reflects market reality. For example, if one were proposing a street vacation where the market value of the land to be vacated is $100,000, it wouldn’t be in the public interest for the city to forego all that revenue in the hypothetical scenario where it also wanted to reserve an easement worth $10,000. Of course, these questions related to monetary policy, lie within the purview of the City Council. Attachments: Attachment 1 - DRAFT street vacation code updates markup Attachment 2 - DRAFT street vacation code updates clean Attachment 3 - Planning Board PH Full Minutes 08142019 Attachment 4 - Planning Board Full Minutes 09252019 Attachment 5 - City Council minutes 10012019 Attachment 6 - City Council PH Council Minutes 10152019 Attachment 7 - Past Street Vacations Summary Council Presentation - Street Vacation Code PH 07.22.2025 9.3 Packet Pg. 613 Edmonds Chapter 20.7018.5518.55 STREET VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 1/9 20251909250603 Planning Board Chapter 18.55 DRAFT Chapter 20.7018.5518 XX55 STREET VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Sections: 20.7018.55.000 Purpose. 18.55.005 Definitions. 20.7018.55.010 A Applicability and effect. 20.7018.55.05015 Initiation of proceedings and application. 20.7018.55.020 Criteria for vacation. 20.70.030 City easement rights for public utilities and services. 20.7018.55.040 Limitations on vacations. 20.70.XXX Appraisals and appraisal fee. 20.7018.55.050 Initiation of proceedings. 20.7018.55.060 Application requirements. 20.7018.55.070 Date of Ppublic hearing – Date fixing. 20.7018.55.080 Staff report preparation 20.7018.55.090 Public notification – Contents and distribution. 20.7018.55.100 Vacation file content and availability. 20.7018.55.110 Public hearing procedures– Required. 20.7018.55.120 Public hearing – Continuation. 20.7018.55.130 Public hearing – Presentation by planning manager. 18.55.120 City easement rights for public utilities and services. 18.55.130 Appraisals and appraisal fee. 20.7018.55.140 Resolution of intent and Ffinal decision. 20.7018.55.000 Purpose. This chapter establishes the procedures and criteria that the city will use to decide upon vacations of streets, alleys, and other types of public access easements, or portions thereof relating to street, pedestrian or travel purposes. [Ord. 2933 § 1, 1993]. 18.55.005 Definitions. For the purposes of this chapter, the following terms shall be understood in accord with the definitions, below: A. “applicant” shall refer to the petitioning owner(s) of property abutting upon the subject property. B. “subject property” means the street, alley , public access easement, or portion thereof sought to be vacated. C. “abutting” means having a lineal boundary in common with a portion of the boundary of the subject property. A property that touches the subject property at a single point is not “abutting” under this definition. Where the subject property constitutes less than the full width of the dedicated right-of-way and has not been improved for travel purposes, then “abutting” means having a lineal boundary with only the subject property . Where the subject property constitutes less than the full width of the dedicated right-of-way and where some portion of the 9.3.a Packet Pg. 614 At t a c h m e n t : A t t a c h m e n t 1 - D R A F T s t r e e t v a c a t i o n c o d e u p d a t e s m a r k u p ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds Chapter 20.7018.5518.55 STREET VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 2/9 20251909250603 Planning Board Chapter 18.55 DRAFT subject property has been improved for travel purposes, then “abutting” means having a li neal boundary with either side of the right-of-way segment that contains the subject property. D. “public access easement” means an easement for public right-of-way or similar easement for pedestrian and/or vehicular travel. Publicly owned easements that serve underground or overhead utilities but serve no travel function do not fall within the definition of “public access easement” for the purposes of this chapter. E. “portion thereof” means a portion of any street, alle y, or public access easement sought to be vacated. F. “director” means the Public Works Director or their designee. G. “necessary” or “necessity” means reasonable necessity in the foreseeable future. It does not mean absolute, or indispensibleindispensable, or immediate need. H. “travel” means vehicular, pedestrian, or other mode of travel by the public. 20.7018.55.010 Applicability and effect. A. General. This chapter applies to each request for vacation of streets, alleys, and public access easements, or portions thereof relating to street, pedestrian or travel purposes. This chapter shall not apply to vacationthe release or termination of other types of public easements like utility easements. As used in this chapter, the term “subject property” means the street, alley or public easement, or portions thereof sought to be vacated. Where the term “applicant” is used, if the city did not initiate the vacation, “applicant” shall refer to the petitioning owner(s) of property abutting upon the street or alley, or part thereof, subject to the vacation request. [Ord. 3910 § 2, 2013; Ord. 2933 § 1, 1993].by city council or by petition. Note: if the street to be vacatedsubject property is shown on the City’s official street map (Chapter 19.8018.50 ECDC), the an ordinance approved street vacationvacating the subject property also changesshall be deemed to have amended the official street map to remove the vacated streetsubject property (See Chapter 20.65 ECDC). The director shall be authorized to update the official street map in accord with each approved street vacation. [Ord. 2933 § 1, 1993]. 20.7018.55.05015 Initiation of proceedings and application. A. A vacation may be initiated by: 1. A. City council; or 2. B. Petition of the owners of more than two-thirds of property abutting the portion of the street or alley to be vacated or, in the case of an easement,owners of two-thirds of property underlying the portion of the easement to be vacatedsubject property. C. Hereafter within this chapter, where the term “applicant” is used, if the city did not initiate the vacation, “applicant” shall refer to the petitioning owner(s) of property abutting upon the street or alley, or part thereof, subject to the vacation request. [Ord. 3910 § 2, 2013; Ord. 2933 § 1, 1993]. B. Initiation by City Council resolution for vacation. The City Council may initiate a street vacation, by resolution, vacation procedures. The resolution shall contain a legal description of the subject property. When a vacation is initiated by resolution, staff shall prepare an application that conforms to D, below, ex cept that applications for such vacations shall be exempt from D.1, D.3, and D.4. C. Petition for vacation brought by abutting property owners . The vested title owners of an interest in any real estatethe real property abutting upon any street or alley, or underlying any public easement governed by this chaptersubject property, may petition the city council for vacation of the subject property. The petition shallmust be signed by signed by the owners of more than at least two-thirds of the property abutting the street or alleysubject property. The two-thirds ownership shall be calculated (based on front footagelinear frontage abutting the subject property), or underlying the public easement (based on square footage). D. An applicant may apply for a vacation by submitting the followingapplication for a street vacation initiated by Petition shall contain the following items: 1. Application fees as set forth in ECDC 15.00.020, established by city council resolution in its sole legislative discretion. 2. A signed agreement and paydeposit of sufficient funds to cover the cost of an appraisal as provided for in Section 18.XX55.130XXX; 3. A. A valid vacation petition with supporting affidavits on forms provided by the planningengineering division; 9.3.a Packet Pg. 615 At t a c h m e n t : A t t a c h m e n t 1 - D R A F T s t r e e t v a c a t i o n c o d e u p d a t e s m a r k u p ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds Chapter 20.7018.5518.55 STREET VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 3/9 20251909250603 Planning Board Chapter 18.55 DRAFT 4. B. A legal description of the subject propertystreet, alley, easement, or part thereof to be vacated. This legal description shall be prepared by a surveyor registered in the state of Washington; 5. A completed application and fee as established by ordinanceresolution of the city council; 6. C. Fifteen paper copies of aA site survey, drawn to scale map showing the street, alley, easement or part thereof to be vacated the segment of right-of-way containing the subject property and the full width of the right-of-way [insert distance] feet in each direction of the limits of the subject property; and 7. An assessor’s parcel map showing showing all properties with subdivision, block, lots, and specifying open and unopened rights-of-way for a radius of 3400 feet from any boundary of the street, alley, easement, or part thereof, to be vacated subject property. The site survey se site maps must be e at ato scale of 1" = 50'; D. An 8-1/2-by-11-inch clear plastic transparency of the site map; 8. E. Address labels obtained from the Snohomish County comptroller’s office containing the names and addresses of the owners of all property within 300 feet of any boundary of the street, alley, easement, or part thereof, to be vacatedAdjacent Property Owners List following guidelines established by the Planning Division; Address labels for the owners of real property within 300 feet of the boundaries of the subject property. Addresses shall be obtained from the Snohomish County’s real property tax records. The adjacent property owners list must be current to within six months of the date of initial application.; 9. F. A copy of the Snohomish County assessor’s map identifying the properties specified in subsection 6E of this section; 10. Identification ofA title report that identifies the applicant as having a vested title in the abutting property and that identifies which of the abutting property owners (or predecessors-in-interest) originally dedicated the subject property; and 11. Any additional information or material that the Public Works Director or his/hertheir appointeedesignee determines is reasonably necessary for the city council to consider the requested vacation. [Ord. 2933 § 1, 1993]. G. Two copies of an appraisal prepared by a qualified land appraiser with an M.A.I. designation, establishing the fair market value of the street, alley, or part thereof to be vacated. An appraisal is not required if a utility easement only is proposed to be vacated; H. A completed application and fee as established by ordinance; I. If the property was originally dedicated by one and only one of the abutting properties, the designation of the property from which the right-of-way was dedicated; and J. Any additional information or material that the manager of the planning division or his/her appointee determines is reasonably necessary for the city council to consider the requested vacation. [Ord. 2933 § 1, 1993]. 20.7018.55.020 Criteria for vacation. The city council may vacate the public’s right in a street, alley, or public easement relating to street, pedestrian or travel purposessubject propertyeasement only if it finds that : A. Tthe vacation and any conditions imposed pursuant to a resolution of intent to vacate , collectively, is are in the public interest. This decision is left to the legislative discretion of the city council.; and B. The street, alley, or public easement is not currently necessary for travel or other street purposes, nor likely to be in the future and that if the public easement is primarily for pedestrian access, it is not likely to be useful for pedestrian access now or in the future; and; No property will be denied direct access as a result of the vacation. [Ord. 2933 § 1, 1993]. 9.3.a Packet Pg. 616 At t a c h m e n t : A t t a c h m e n t 1 - D R A F T s t r e e t v a c a t i o n c o d e u p d a t e s m a r k u p ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds Chapter 20.7018.5518.55 STREET VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 4/9 20251909250603 Planning Board Chapter 18.55 DRAFT 20.70.030 Right to reserve easementsCity easement rights for public utilities and services. In vacating a street, alley, or public easement governed by this chapter, the city council may reserve for the city any easements or the right to exercise and grant any easements for the following purposes: cConstruction, repair and maintenance of public utilities and services. [Ord. 3910 § 1, 2013; Ord. 2933 § 1, 1993]. Pedestrian walkway or trail purposes; Construction, repair and maintenance of a third party utility company or municipal corporation or special purpose district whothat has a vested interest in the subject property; and Any other type of easement relating to the city’s right to control, use and manage rights -of-way. 20.7018.55.040 Limitations on vacations. A. Areas that May Not Be Vacated. The city may not vacate any street, alley, public easement relating to street, pedestrian or travel purposes, or part thereofsubject property that abuts any a body of water unless all elements of RCW 35.79.035 are complied with, and the vacated area will thereby become available for the city or other public entity to acquire and to use for a public purposesatisfied. B. Objection by Property Owner. The city shall not proceed with the a city council initiated vacation if the owners of 50 percent or more of the lineal footage of property abutting the street or alley or part thereof, or underlying the public easement or part thereof, to be vacatedsubject property file a written objection in the engineering division prior to the timeno later than noon on the date of the hearing. [Ord. 2933 § 1, 1993]. 20.70.XXX Appraisals and appraisal fee The Public Works director is authorized to obtain appraisals from qualified, independent appraisers as part of preparing staff reports on vacations. Payment to the City of an appraisal fee in the amount of five thousand dollars ($5000), which fee shall be used to obtain an appraisal, prepared by a city -selected appraiser establishing fair market value of the street, alley, public easement relating to street, pedestrian or travel purposes, or part thereof to be vacated, taking into account any reduction in fair market value associated with the reservation of any easements. 20.7018.55.050 Initiation of proceedings. A vacation may be initiated by: A. City council; or B. Petition of the owners of more than two-thirds of property abutting the portion of the street or alley to be vacated or, in the case of an easement, two-thirds of property underlying the portion of the easement to be vacated. C. Hereafter within this chapter, where the term “applicant” is used, if the city did not initiate the vacation, “applicant” shall refer to the petitioning owner(s) of property abutting upon the street or alley, or part thereof, subject to the vacation request. [Ord. 3910 § 2, 2013; Ord. 2933 § 1, 1993]. 20.7018.55.060 Application requirements. An applicant may apply for a vacation by submitting the following: A. A vacation petition with supporting affidavits on forms provided by the planning division; B. A legal description of the street, alley, easement, or part thereof to be vacated. This legal description shall be prepared by a surveyor registered in the state of Washington; C. Fifteen paper copies of a site map showing the street, alley, easement or part thereof to be vacated and showing all properties with subdivision, block, lots, and specifying open and unopened rights -of-way for a radius of 400 feet from the street, alley, easement, or part thereof, to be vacated. These site maps must be at a scale of 1" = 50'; D. An 8-1/2-by-11-inch clear plastic transparency of the site map; 9.3.a Packet Pg. 617 At t a c h m e n t : A t t a c h m e n t 1 - D R A F T s t r e e t v a c a t i o n c o d e u p d a t e s m a r k u p ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds Chapter 20.7018.5518.55 STREET VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 5/9 20251909250603 Planning Board Chapter 18.55 DRAFT E. Address labels obtained from the Snohomish County comptroller’s office containing the names and addresses of the owners of all property within 300 feet of any boundary of the street, alley, easement, or part thereof, to be vacated; F. A copy of the Snohomish County assessor’s map identifying the properties specified in subsection E of this section; G. Two copies of an appraisal prepared by a qualified land appraiser with an M.A.I. designation, establishing the fair market value of the street, alley, or part thereof to be vacated. An appraisal is not required if a utility easement only is proposed to be vacated; H. A completed application and fee as established by ordinance; I. If the property was originally dedicated by one and only one of the abutting properties, the designation of the property from which the right-of-way was dedicated; and J. Any additional information or material that the manager of the planning division or his/her appointee determines is reasonably necessary for the city council to consider the requested vacation. [Ord. 2933 § 1, 1993]. 20.7018.55.070 Date of Ppublic hearing – Date fixing. Upon receiving a complete Subsequent to the completion of an application for vacation, or upon passage of a resolution initiation by the city council seekinginitiating vacation, the city council shall by resolution fix a time when the city council will hold a public hearing on the proposed vacation. The hearing will shall not be more than 60 days nor less than 20 days after the date of passage of the resolution scheduling the public hearing. [Ord. 2933 § 1, 1993]. 20.7018.55.080 Staff report preparation. A. Contents. The planning managerPublic Works Director or his/her designee shall consult with the City’s planning managerdepartment on the proposal and prepare a staff report containing the following information: 1. All pertinent application materials submitted by the applicant; 2. All comments regarding the vacation received in the engineering division prior to distribution of the staff report; 3. An analysis of the requested vacation in relation to the provisions of this chapter , state law, and the applicable provisions of the comprehensive plan; and 4. A recommendation on the vacation. B. Distribution. Prior to the hearing, the planning managerPublic Works Director shall distribute this the staff report to: 1. Each member of the city council; and 2. Each applicant (if applicable). [Ord. 2933 § 1, 1993]. 20.7018.55.090 Public notification – Contents and distribution. A. Content. The city clerk shall prepare a public notice containing the following information: 1. A statement that a request to vacate the subject property treet, alley, easement, or part thereof will be considered by the city council; 2. A locational description in non-legal language along with a vicinity map that identifies the street, alley, easement, or part thereofsubject property proposed to be vacated; 3. A statement of the time and place of the public hearing before the city council; 4. A statement that the of the availability of the vacation file is available for viewing at Edmonds City Hall; 5. A statement of the right of any person to submit written comments to the city council prior to or at the4:00 pm on the date of the public hearing and to appear before the city council at the hearing to give comments orally; and 6. A description of any easement under consideration to be retained by the cityrequired as a condition. In the event an easement condition is desired, but was not included in the notice, the public hearing will be continued to allow time for notice of the easement condition to be provided. B. Distribution. At least 20 calendar days before the public hearing the engineering manager division shall distribute the public notice as follows: 9.3.a Packet Pg. 618 At t a c h m e n t : A t t a c h m e n t 1 - D R A F T s t r e e t v a c a t i o n c o d e u p d a t e s m a r k u p ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds Chapter 20.7018.5518.55 STREET VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 6/9 20251909250603 Planning Board Chapter 18.55 DRAFT 1. A copy will be sent to the owner of each piece of property within 300 feet of any boundary of the street, alley, easement, or part thereof to be vacatedsubject property; 2. A copy will be sent to each the residents living immediately adjacent toof properties abutting the street, alley, public easement relating to street, pedestrian or travel purposes, or part thereof to be vacatedsubject property; 3. A copy will be published in the official newspaper of the city, except no vicinity map shall be required; 4. At least three copies will be posted in conspicuous public places in the city; and 5. At least three one copyies will be posted on the subject property street, alley, easement, or part thereof to be vacated. [Ord. 3901 § 1, 2012; Ord. 2933 § 1, 1993]. 20.7018.55.100 Vacation file content and availability. A. Content. The planning managerpPublic wWorks dDirector shall compile a vacation file which contains all information pertinent to the proposed vacation. B. Availability. This file is a public record. It is available for inspection and copying in the engineering division during regular business hours. [Ord. 2933 § 1, 1993]. 20.7018.55.110 Public hearing procedures – Required. A. Public Hearing. The city council shall hold a public hearing on each requested vacation. [Ord. 2933 § 1, 1993]. B. Continuation of public hearing. The city council may continue the hearing if, for any reason, it is unable to hear all of the public comments on the proposed vacation, or if the city council determines that it needs more information on the proposed vacation. If during the hearing, the city council announces the time and place of the nextto continue the hearing on the vacation, no further notice of the hearing need be given, except as provided in 18.55.090.A.6, where a new easement condition is under consideration . [Ord. 2933 § 1, 1993]. C. Presentation. At the outset of the hearing, the public works planning managerdirector or his/her designee shall make a brief presentation of: 1. An analysis of the requested vacation in relation to the provision of this chapter , state law (as necessary), and the applicable provisions of the comprehensive plan; and 2. A recommendation on the requested vacation. [Ord. 2933 § 1, 1993]. D. Public Participation. Any interested person may participate in the public hearing in either or both of the following ways: 1. By submitting written comments to the city council either by delivering the comments to the engineering division prior to 4:00 pm on the hearing date or by giving the comments directly to the city council at the hearing; and 1.2. By appearing in person, or through a representative, at the hearing and making oral comments directly to the city council. The city council may reasonablereasonably limit the extent of these oral comments to facilitate the orderly and timely conduct of the hearing. 20.7018.55.120 Public hearing – Continuation. The city council may continue the hearing if, for any reason, it is unable to hear all of the public comments on the vacation, or if the city council determines that it needs more information on the vacation. If during the hearing, the city council announces the time and place of the next hearing on the vacation, no further notice of the hearing need be given. [Ord. 2933 § 1, 1993]. 20.7018.55.130 Public hearing – Presentation by planning manager. At the outset of the hearing, the planning manager or his/her designee shall make a brief presentation of: A. An analysis of the requested vacation in relation to the provision of this chapter and the applicable provisions of the comprehensive plan; and 9.3.a Packet Pg. 619 At t a c h m e n t : A t t a c h m e n t 1 - D R A F T s t r e e t v a c a t i o n c o d e u p d a t e s m a r k u p ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds Chapter 20.7018.5518.55 STREET VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 7/9 20251909250603 Planning Board Chapter 18.55 DRAFT B. A recommendation on the requested vacation. [Ord. 2933 § 1, 1993]. 18.55.120 Right to reserve easements. In vacating any subject property, the city council may reserve for the city any easements or the right to exercise and grant any easements for the following purposes: A. Construction, repair and maintenance of public utilities and services. [Ord. 3910 § 1, 2013; Ord. 2933 § 1, 1993]. B. Pedestrian walkway or trail purposes; and/or C. Construction, repair and maintenance of utilities by a third-party utility company, municipal corporation, or special purpose district that has a vested interest in the subject property. Additionally and/or alternatively, the city council may condition the street vacation on the conveyance of an easement between third-parties. Utilities do not have a right to remain in vacated right-of-way without an easement. Nor will the city be liable for any damages or loss to a utility by reason of such vacation. When a right-of-way is vacated the utility’s authority from the City to have its facilities within such right-of-way is extinguished. The city will use its best efforts to notify any utility that may have facilities within the right-of-way to be vacated to allow the utility an opportunity to negotiate an easement for its facilities. Where a city reserves an easement for a utility, it may also require compensation from that utility for the easement right, even when the utility is city owned. 18.55.130 Appraisals and appraisal fee A. Applicability. Where the resolution of intent to vacate includes a compensation requirement, an independent appraisal shall be required. B. Appraisal fee. If the City Council adopts a resolution of intent to vacate the subject property and such resolution contains an appraisal requirement, the petitioner shall deposit sufficient funds to cover the City’s estimated cost of an appraisal of the subject property. In the event that the City’s actual appraisal cost is less than the amount deposited, the vacation compensation paid by the petitioner to the City shall be reduced by the difference between the deposit and the actual cost, or, in the alternative, such difference shall be refunded. In the event that the City’s actual appraisal cost is more than the amount deposited, the vacation compensation payable to the City by the petitioner shall be increased by the difference between the deposit and the actual appraisal cost. No street vacation ordinance may be adopted until Petitioner has paid for all appraisal costs. For street vacations initiated by City Council, the City shall be responsible for any associated appraisal fees. CB. If the City Council adopts a resolution of intent to vacate the subject property and such resolution contains an appraisal requirement, the director shall be authorized to obtain an appraisal of the fair market value of the subject property from a qualified appraiser, taking into account any reduction in fair market value associated with any other conditions imposed in the resolution of intent, including but not limited to a condition requiring the dedication of an alternative right-of-way or the conveyance of an easement to a third-party. DC. After the appraisal has been completed, the director shall notify the petitioner of the amount of compensation required, adjusting for any difference between estimated and actual appraisal costs. The payment shall be delivered by the property owner(s) to the City’s Finance and Administrative Services Director. E. Waiver. The requirement for an appraisal and subsequent monetary compensation will be waived if a street vacation initiated by City Council, by resolution, includes a finding that the public benefit accruing from the vacation alone is sufficient to justify the vacation without any monetary compensation to the City. Because requiring monetary compensation is expected to be the norm, any such finding shall articulate the factual basis for deviating from the norm and not requiring monetary compensation. 20.7018.55.140 Resolution of Intent and Final decision. A. Generally. Following the public hearing, the city council shallmay, by motion approved by a majority of the entire membership in a roll call vote to , either: 9.3.a Packet Pg. 620 At t a c h m e n t : A t t a c h m e n t 1 - D R A F T s t r e e t v a c a t i o n c o d e u p d a t e s m a r k u p ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds Chapter 20.7018.5518.55 STREET VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 8/9 20251909250603 Planning Board Chapter 18.55 DRAFT 1. Adopt an ordinance granting the vacation; or 1. 2. Adopt a motion denying the vacation; or 3. Aadopt a resolution of intent to vacate. If there are insufficient votes to adopt a resolution of intent, the street vacation will be deemed denied. B. Resolution of intent to vacate. The city council may adopt a resolution of intent to vacate stating that the city council willintends, by ordinance, to grant the vacate the subject propertyion if the applicant owner(s) of property abutting upon the street or alley, or part thereof so vacated, meets specifiedc conditions within 90 days, unless otherwisea different time period is specified within the resolution. The city may require any combination of the following as conditions of the resolution of intent to vacate: 1. Easement Conditions. The city council may condition approval of a street vacation upon satisfaction of any or all of the following easement related conditions: a. a. Either:Reservation and/or conveyance of an easement as outlined in section ECDC 20.7018.55.030; and/or 2. b. Acceptance of a grant of substitute public right-of-way; which has value as right-of-way at least equal to the subject property. c. Covenants intended to protect critical areas or otherwise limit future development on the subject property; and/or d. Other non-monetary conditions that would, in the city council’s discretion, be in the public interest. 2. i. Monetary compensation. The city council shall condition approval of a street vacation upon satisfaction of the following monetary conditions: a. Payment of any outstanding appraisal fees as outlined in section ECDC 18.55.XXX; and a.b. Payment to be paid to the city, prior to the final decisioneffective date of the ordinance, in in thean amount of up to one-half the fair market value for the subject property street, alley, or part thereof to be vacated unless the subject property was acquired at “public expense,” or has been part of a dedicated public right-of-way for 25 years or more, in which case then full appraised fair market value shall be paid.; or ii. The grant of a substitute public right-of-way which has value as an access way at least equal to the vacated street, alley, or part thereof; or iii. Any combination of subsections (A)(3)(a)(i) and (A)(3)(a)(ii) of this section totaling but not more than one-half the fair market value of the street, alley, or part thereof to be vacated. OR b. A grant of an easement to the city in exchange for the easement vacated. 3. Any challenge to one or more conditions imposed pursuant to a resolution of intent to vacate must be brought in Snohomish County Superior Court no later than 30 days following the adoption of the resolution of intent. If such a challenge is successful, the city council shall determine whether to amend the resolution of intent by adopting a different set of conditions or to deny the street vacation in its entirety. D. C. Final decision. If the abutting property owner(s) complies with conditions imposed in the resolution of intent to vacate within the timeframe specified within the resolution 90 days, the city council shall adopt an ordinance granting the vacation, provided that the city council shall not be required to adopt the vacation ordinance if it finds, after reviewing the appraisal, that the monetary compensation to be paid to the city is not sufficient to compensate for the public’s loss of the street, alley, public easement relating to street, pedestrian or travel purposes or part thereof that would be vacatedsubject property. The effective date clause of the ordinance shall be drafted to make the ordinance effective upon recording, and only if the ordinance contains proof of payment received, with the City receipt number indicated on the ordinance. B. Findings Required. As part of each ordinance granting a vacation, motion denying a vacation, or resolution of intent to vacate, the city council shall adopt findings and conclusions to support its decision. 9.3.a Packet Pg. 621 At t a c h m e n t : A t t a c h m e n t 1 - D R A F T s t r e e t v a c a t i o n c o d e u p d a t e s m a r k u p ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds Chapter 20.7018.5518.55 STREET VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 9/9 20251909250603 Planning Board Chapter 18.55 DRAFT D.E. C. Distribution. Within five working days of the city council decision, the public works planning director manager shall mail a copy of the notice of decision to the applicant and all persons who submit a written or oral testimony at the city council’s hearing. [Ord. 3910 § 3, 2013; Ord. 2933 § 1, 1993; Ord. 2493, 1985]. 9.3.a Packet Pg. 622 At t a c h m e n t : A t t a c h m e n t 1 - D R A F T s t r e e t v a c a t i o n c o d e u p d a t e s m a r k u p ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds Chapter 18.55 VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 1/5 20250603 Chapter 18.55 DRAFT Chapter 18.55 VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Sections: 18.55.000 Purpose. 18.55.005 Definitions. 18.55.010 Applicability and effect. 18.55.015 Initiation of proceedings and application. 18.55.020 Criteria for vacation. 18.55.040 Limitations on vacations. 18.55.070 Date of public hearing. 18.55.080 Staff report preparation 18.55.090 Public notification – Contents and distribution. 18.55.100 Vacation file content and availability. 18.55.110 Public hearing procedures 18.55.120 City easement rights for public utilities and services. 18.55.130 Appraisals and appraisal fee. 18.55.140 Resolution of intent and final decision. 18.55.000 Purpose. This chapter establishes the procedures and criteria that the city will use to decide upon vacations of streets, alleys, public access easements, or portions thereof. [Ord. 2933 § 1, 1993]. 18.55.005 Definitions. For the purposes of this chapter, the following terms shall be understood in accord with the definitions, below: A. “applicant” shall refer to the petitioning owner(s) of property abutting upon the subject property. B. “subject property” means the street, alley, public access easement, or portion thereof sought to be vacated. C. “abutting” means having a lineal boundary in common with a portion of the boundary of the subject property. A property that touches the subject property at a single point is not “abutting” under this definition. Where the subject property constitutes less than the full width of the dedicated right-of-way and has not been improved for travel purposes, then “abutting” means having a lineal boundary with only the subject property . Where the subject property constitutes less than the full width of the dedicated right-of-way and where some portion of the subject property has been improved for travel purposes, then “abutting” means having a lineal boundary with either side of the right-of-way segment that contains the subject property. D. “public access easement” means an easement for public right-of-way or similar easement for pedestrian and/or vehicular travel. Publicly owned easements that serve underground or overhead utilities but serve no travel function do not fall within the definition of “public access easement” for the purposes of this chapter. E. “portion thereof” means a portion of any street, alley, or public access easement sought to be vacated. F. “director” means the Public Works Director or their designee. G. “necessary” or “necessity” means reasonable necessity in the foreseeable future. It does not mean absolute, or indispensable, or immediate need. H. “travel” means vehicular, pedestrian, or other mode of travel by the public. 18.55.010 Applicability and effect. A. General. This chapter applies to each request for vacation of streets, alleys, and public access easements, or portions thereof. This chapter shall not apply to the release or termination of other types of public easements like utility easements. [Ord. 3910 § 2, 2013; Ord. 2933 § 1, 1993].Note: if the subject property is shown on the City’s official street map (Chapter 18.50 ECDC), an ordinance vacating the subject property shall be deemed to have amended the official street map to remove the subject property (See Chapter 20.65 ECDC). The director shall be authorized to update the official street map in accord with each approved street vacation. [Ord. 2933 § 1, 1993]. 18.55.015 Initiation of proceedings and application A. A vacation may be initiated by: 1. City council; or 9.3.b Packet Pg. 623 At t a c h m e n t : A t t a c h m e n t 2 - D R A F T s t r e e t v a c a t i o n c o d e u p d a t e s c l e a n ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds Chapter 18.55 VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 2/5 20250603 Chapter 18.55 DRAFT 2. Petition of the owners of two-thirds of property abutting the subject property. B. Initiation by City Council resolution. The City Council may initiate a street vacation by resolution. When a vacation is initiated by resolution, staff shall prepare an application that conforms to D, below, except that applications for such vacations shall be exempt from D.1, D.3, and D.4. C. Petition for vacation brought by abutting property owners. The vested title owners of the real property abutting upon any subject property, may petition the city council for vacation of the subject property. The petition must be signed by the owners of at least two-thirds of the property abutting the subject property. The two-thirds ownership shall be calculated based on linear frontage abutting the subject property. D. An application for a street vacation initiated by Petition shall contain the following items: 1. Application fees as set forth in ECDC 15.00.020, established by city council resolution in its sole legislative discretion. 2. A signed agreement and deposit of sufficient funds to cover the cost of an appraisal as provided for in Section 18.55.130; 3. A valid vacation petition on forms provided by the engineering division; 4. A legal description of the subject property. This legal description shall be prepared by a surveyor registered in the state of Washington; 5. A completed application and fee as established by resolution of the city council; 6. A site survey, drawn to scale showing the the segment of right-of-way containing the subject property and the full width of the right-of-way [insert distance] feet in each direction of the limits of the subject property; and 7. An assessor’s parcel map showing all properties with subdivision, block, lots, and specifying open and unopened rights-of-way for a radius of 300 feet from any boundary of the subject property. 8. Address labels for the owners of real property within 300 feet of the boundaries of the subject property. Addresses shall be obtained from the Snohomish County’s real property tax records. The adjacent property owners list must be current to within six months of the date of initial application; 9. A copy of the Snohomish County assessor’s map identifying the properties specified in subsection 6 of this section; 10. A title report that identifies the applicant as having a vested title in the abutting property and that identifies which of the abutting property owners (or predecessors-in-interest) originally dedicated the subject property; and 11. Any additional information or material that the Public Works Director or their designee determines is reasonably necessary for the city council to consider the requested vacation. [Ord. 2933 § 1, 1993]. 18.55.020 Criteria for vacation. The city council may vacate the public’s right in a subject property only if it finds that the vacation and any conditions imposed pursuant to a resolution of intent to vacate, collectively, are in the public interest. This decision is left to the legislative discretion of the city council. [Ord. 2933 § 1, 1993]. 18.55.040 Limitations on vacations. A. Areas that May Not Be Vacated. The city may not vacate any subject property that abuts a body of water unless all elements of RCW 35.79.035 are satisfied. B. Objection by Property Owner. The city shall not proceed with a city council initiated vacation if the owners of 50 percent or more of the lineal footage of property abutting the subject property file a written objection in the engineering division no later than noon on the date of the hearing. [Ord. 2933 § 1, 1993]. 18.55.070 Date of public hearing. Upon receiving a complete application for vacation, or upon passage of a resolution by the city council initiating vacation, the city council shall by resolution fix a time when the city council will hold a public hearing on the proposed vacation. The hearing shall not be more than 60 days nor less than 20 days after the date of passage of the resolution scheduling the public hearing. [Ord. 2933 § 1, 1993]. 18.55.080 Staff report. A. Contents. The Public Works Director or his/her designee shall consult with the City’s planning department on the proposal and prepare a staff report containing the following information: 9.3.b Packet Pg. 624 At t a c h m e n t : A t t a c h m e n t 2 - D R A F T s t r e e t v a c a t i o n c o d e u p d a t e s c l e a n ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds Chapter 18.55 VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 3/5 20250603 Chapter 18.55 DRAFT 1. All pertinent application materials submitted by the applicant; 2. All comments regarding the vacation received in the engineering division prior to distribution of the staff report; 3. An analysis of the requested vacation in relation to the provisions of this chapter, state law, and the applicable provisions of the comprehensive plan; and 4. A recommendation on the vacation. B. Distribution. Prior to the hearing, the Public Works Director shall distribute the staff report to: 1. Each member of the city council; and 2. Each applicant (if applicable). [Ord. 2933 § 1, 1993]. 18.55.090 Public notification – Contents and distribution. A. Content. The city clerk shall prepare a public notice containing the following information: 1. A statement that a request to vacate the subject property will be considered by the city council; 2. A location description in non-legal language along with a vicinity map that identifies the subject property; 3. A statement of the time and place of the public hearing before the city council; 4. A statement that the vacation file is available for viewing at Edmonds City Hall; 5. A statement of the right of any person to submit written comments to the city council prior to 4:00 pm on the date of the public hearing and to appear before the city council at the hearing to give comments orally; and 6. A description of any easement under consideration to be required as a condition. In the event an easement condition is desired, but was not included in the notice, the public hearing will be continued to allow time for notice of the easement condition to be provided. B. Distribution. At least 20 calendar days before the public hearing the engineering division shall distribute the public notice as follows: 1. A copy will be sent to the owner of each piece of property within 300 feet of any boundary of the subject property; 2. A copy will be sent to the residents of properties abutting the subject property; 3. A copy will be published in the official newspaper of the city, except no vicinity map shall be required; 4. At least three copies will be posted in conspicuous public places in the city; and 5. At least one copy will be posted on the subject property to be vacated. [Ord. 3901 § 1, 2012; Ord. 2933 § 1, 1993]. 18.55.100 Vacation file content and availability. A. Content. The public works director shall compile a vacation file which contains all information pertinent to the proposed vacation. B. Availability. This file is a public record. It is available for inspection and copying in the engineering division during regular business hours. [Ord. 2933 § 1, 1993]. 18.55.110 Public hearing procedures. A. Public Hearing. The city council shall hold a public hearing on each requested vacation. [Ord. 2933 § 1, 1993]. B. Continuation of public hearing. The city council may continue the hearing if, for any reason, it is unable to hear all of the public comments on the proposed vacation, or if the city council determines that it needs more information on the proposed vacation. If during the hearing, the city council announces the time and place to continue the hearing on the vacation, no further notice of the hearing need be given, except as provided in 18.55.090.A.6, where a new easement condition is under consideration. [Ord. 2933 § 1, 1993]. C. Presentation. At the outset of the hearing, the public works director or his/her designee shall make a brief presentation of: 1. An analysis of the requested vacation in relation to the provision of this chapter, state law (as necessary), and the applicable provisions of the comprehensive plan; and 2. A recommendation on the requested vacation. [Ord. 2933 § 1, 1993]. D. Public Participation. Any interested person may participate in the public hearing in either or both of the following ways: 1. By submitting written comments to the city council by delivering the comments to the engineering division prior to 4:00 pm on the hearing date or by giving the comments directly to the city council at the hearing; and 9.3.b Packet Pg. 625 At t a c h m e n t : A t t a c h m e n t 2 - D R A F T s t r e e t v a c a t i o n c o d e u p d a t e s c l e a n ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds Chapter 18.55 VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 4/5 20250603 Chapter 18.55 DRAFT 2. By appearing in person, or through a representative, at the hearing and making oral comments directly to the city council. The city council may reasonably limit the extent of these oral comments to facilitate the orderly and timely conduct of the hearing. 18.55.120 Right to reserve easements. In vacating any subject property, the city council may reserve for the city any easements or the right to exercise and grant any easements for the following purposes: A. Construction, repair and maintenance of public utilities and services. [Ord. 3910 § 1, 2013; Ord. 2933 § 1, 1993]. B. Pedestrian walkway or trail purposes; and/or C. Construction, repair and maintenance of utilities by a third-party utility company, municipal corporation, or special purpose district that has a vested interest in the subject property. Additionally and/or alternatively, the city council may condition the street vacation on the conveyance of an easement between third-parties. Utilities do not have a right to remain in vacated right-of-way without an easement. Nor will the city be liable for any damages or loss to a utility by reason of such vacation. When a right-of-way is vacated the utility’s authority from the City to have its facilities within such right-of-way is extinguished. The city will use its best efforts to notify any utility that may have facilities within the right-of-way to be vacated to allow the utility an opportunity to negotiate an easement for its facilities. Where a city reserves an easement for a utility, it may also require compensation from that utility for the easement right, even when the utility is city owned. 18.55.130 Appraisals and appraisal fee A. Applicability. Where the resolution of intent to vacate includes a compensation requirement, an independent appraisal shall be required. B. Appraisal fee. If the City Council adopts a resolution of intent to vacate the subject property and such resolution contains an appraisal requirement, the petitioner shall deposit sufficient funds to cover the City’s estimated cost of an appraisal of the subject property. In the event that the City’s actual appraisal cost is less than the amount deposited, the vacation compensation paid by the petitioner to the City shall be reduced by the difference between the deposit and the actual cost, or, in the alternative, such difference shall be refunded. In the event that the City’s actual appraisal cost is more than the amount deposited, the vacation compensation payable to the City by the petitioner shall be increased by the difference between the deposit and the actual appraisal cost. No street vacation ordinance may be adopted until Petitioner has paid for all appraisal costs. For street vacations initiated by City Council, the City shall be responsible for any associated appraisal fees. C. If the City Council adopts a resolution of intent to vacate the subject property and such resolution contains an appraisal requirement, the director shall be authorized to obtain an appraisal of the fair market value of the subject property from a qualified appraiser, taking into account any reduction in fair market value associated with any other conditions imposed in the resolution of intent, including but not limited to a condition requiring the dedication of an alternative right-of-way or the conveyance of an easement to a third-party. D. After the appraisal has been completed, the director shall notify the petitioner of the amount of compensation required, adjusting for any difference between estimated and actual appraisal costs. The payment shall be delivered by the property owner(s) to the City’s Finance and Administrative Services Director. E. Waiver. The requirement for an appraisal and subsequent monetary compensation will be waived if a street vacation initiated by City Council resolution includes a finding that the public benefit accruing from the vacation alone is sufficient to justify the vacation without any monetary compensation to the City. Because requiring monetary compensation is expected to be the norm, any such finding shall articulate the factual basis for deviating from the norm and not requiring monetary compensation. 18.55.140 Resolution of Intent and Final decision. A. General. Following the public hearing, the city council may, by motion approved by a majority of the entire membership in a roll call vote to adopt a resolution of intent to vacate. If there are insufficient votes to adopt a resolution of intent, the street vacation will be deemed denied. B. Resolution of intent to vacate. The city council may adopt a resolution of intent to vacate stating the city council intends, by ordinance, to vacate the subject property if the applicant meets specified conditions within 90 days, 9.3.b Packet Pg. 626 At t a c h m e n t : A t t a c h m e n t 2 - D R A F T s t r e e t v a c a t i o n c o d e u p d a t e s c l e a n ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds Chapter 18.55 VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 5/5 20250603 Chapter 18.55 DRAFT unless a different time period is specified within the resolution. The city may require any combination of the following as conditions of the resolution of intent to vacate: 1. Conditions. The city council may condition approval of a street vacation upon satisfaction of any or all of the following related conditions: a. Reservation and/or conveyance of an easement as outlined in section ECDC 18.55.030; b. Acceptance of a grant of substitute public right-of-way; c. Covenants intended to protect critical areas or otherwise limit future development on the subject property; and/or d. Other non-monetary conditions that would, in the city council’s discretion, be in the public interest. 2. Monetary compensation. The city council shall condition approval of a street vacation upon satisfaction of the following monetary conditions: a. Payment of any outstanding appraisal fees as outlined in section ECDC 18.55.XXX; and b. Payment to the city, prior to the effective date of the ordinance, in an amount of up to one-half the fair market value for the subject property unless the subject property was acquired at “public expense” or has been part of a dedicated public right-of-way for 25 years or more, in which case full fair market value shall be paid. 3. Any challenge to one or more conditions imposed pursuant to a resolution of intent to vacate must be brought in Snohomish County Superior Court no later than 30 days following the adoption of the resolution of intent. If such a challenge is successful, the city council shall determine whether to amend the resolution of intent by adopting a different set of conditions or to deny the street vacation in its entirety. D. C. Final decision. If the abutting property owner(s) complies with conditions imposed in the resolution of intent to vacate within the timeframe specified within the resolution, the city council shall adopt an ordinance granting the vacation, provided that the city council shall not be required to adopt the vacation ordinance if it finds, after reviewing the appraisal, that the monetary compensation to be paid to the city is not sufficient to compensate for the public’s loss of the subject property. The effective date clause of the ordinance shall be drafted to make the ordinance effective upon recording, and only if the ordinance contains proof of payment received, with the City receipt number indicated on the ordinance. E. Distribution. Within five working days of the city council decision, the public works director shall mail a copy of the notice of decision to the applicant and all persons who submit a written or oral testimony at the city council’s hearing. [Ord. 3910 § 3, 2013; Ord. 2933 § 1, 1993; Ord. 2493, 1985]. 9.3.b Packet Pg. 627 At t a c h m e n t : A t t a c h m e n t 2 - D R A F T s t r e e t v a c a t i o n c o d e u p d a t e s c l e a n ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED SUBJECT TO AUGUST 28TH CITY OF EDMONDS PLANNING BOARD Minutes of Meeting August 14, 2019 Chair Cheung called the meeting of the Edmonds Planning Board to order at 7:00 p.m. in the Council Chambers, Public Safety Complex, 250 – 5th Avenue North. BOARD MEMBERS PRESENT Matthew Cheung, Chair Daniel Robles, Vice Chair Alicia Crank Nathan Monroe Mike Rosen Roger Pence Conner Bryan, Student Representative BOARD MEMBERS ABSENT Todd Cloutier (excused) Carreen Nordling Rubenkonig (excused) STAFF PRESENT Rob Chave, Planning Division Manager Jeanie McConnell, Engineering Program Manager Jeff Taraday, City Attorney Jerrie Bevington, Video Recorder Karin Noyes, Recorder READING/APPROVAL OF MINUTES BOARD MEMBER MONROE MOVED THAT THE MINUTES OF JULY 10, 2019 AND JULY 24, 2019 BE APPROVED AS PRESENTED. BOARD MEMBER CRANK SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA The agenda was accepted as presented. AUDIENCE COMMENTS There were no audience comments during this portion of the meeting. DEVELOPMENT SERVICES DIRECTOR REPORT TO PLANNING BOARD Chair Cheung referred the Board to the Development Services Director’s Report that was provided in the packet. There were no comments or questions from the Board. PUBLIC HEARING REGARDING AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) 20.70 – STREET VACATIONS Ms. McConnell explained that the street vacation provisions currently reside in ECDC Title 20.70, and the proposed amendment would relocate them to ECDC Title 18, which is the Public Works section. The amendment also clarifies and reorganizes the provisions and adds a definitions section. The appraisal process and timing provisions were revised, as were 9.3.c Packet Pg. 628 At t a c h m e n t : A t t a c h m e n t 3 - P l a n n i n g B o a r d P H F u l l M i n u t e s 0 8 1 4 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes August 14, 2019 Page 2 the provisions related to applicability of monetary compensation. Lastly, the timeframe was modified to satisfy conditions. Specifically, the proposed amendments: • Move Title 20 to Title 18 (Public Works Section). • Change the review lead from Planning Division to Public Works Division. • Add a new definition section (ECDC 18.55.005) to provide additional clarity. • Revise Section 18.55.015.D to reflect the types of plans and other documents needed for the application. • Add a new Section 18.55.030, which gives the City the right to reserve easements for pedestrian walkways and trails. • Add a new appraisal section (18.55.XXX) to address timing of appraisal and collection of fees for 3rd party appraisal. • Add Section 18.55.140 to clarify the processing of street vacations, allowing the ordinance to address timing by which the conditions need to be met, establishing compensation of the area to be vacated based on the appraisal, and giving the City Council the ability to not adopt a vacation ordinance based on review of the appraisal should they choose. Mr. McConnell explained that a “street vacation” means that the public is letting go of, or vacating, the public interest in a property. After a street, alley or easement (pedestrian and/or vehicular) is vacated, the public no longer has a right to use the property for access. Street vacations can be initiated by private property owners or the City Council. As per Revised Code of Washington (RCW) 35.79.040, “If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one-half to each.” City Attorney Taraday shared a tool he learned at law school called a “Fee Simple Bundle of Rights,” which is uses sticks to illustrate the concept of real estate ownership He explained that real estate ownership, in actuality, is the ownership of a number of potential rights of land, and the largest bundle of rights (sticks) available for private ownership is called the “Fee Simple Bundle of Rights.” Fee simple ownership means that that the property owner owns every possible right that pertains to the real estate. If someone has the underlying fee, it might mean that they own just one tiny right or stick and the rest have been transferred via dedication. It is important to understand this concept in the context of street vacations. City Attorney Taraday explained that in the vast majority of instances an abutting owner owns the underlying fee. Therefore, if the public’s interest in a street ever goes away, the City doesn’t deed the property back to the abutting property owner because they already have a reversionary interest. Instead, the City vacates the dedication that had been on the property. He explained that a dedication, which is what creates a street, is defined in the subdivision statute as, “the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.” Thinking of that definition in the context of the “Bundle of Rights” concept, it is important to understand that an owner cannot take advantage of many of those rights by having the underlying fee in the street. Property owners cannot exclude people from the street, sell the street, occupy and/or use the street without the City permission, or get a bank loan using the street as collateral. He summarized that when a dedication creates a street, many of the sticks in the bundle are being taken out of the bundle and given to the public. While there are some sticks left in the bundle that is owned by the abutting property owner, the majority of the sticks are now owned by the public. Regarding the Board’s earlier question about whether the City can or should require monetary compensation for street vacations, City Attorney Taraday referred to two court cases that clarify the issue. The first is Nystrand vs. O’Malley, a 1962 Washington Supreme Court decision, which was referenced in Mr. Reidy’s comments at a previous meeting. He read the following quote from the case, “The use by the plaintiffs in extending their garage onto the area, planting the trees and hedge and constructing the bulkhead was not inconsistent with the public’s easement since the right to open the street for the public’s use had not been asserted by the City.” In this case, the dispute was between two neighbors and did not involve a city. One neighbor felt he had the right to use the street in a particular way, and the other was saying he didn’t have the right. The city did not take a position and was not party to the case in any way. Because the City did not participate or assert its own rights, the case makes it sound like the abutting property owner has more rights than he/she actually has. The second case is Baxter Wycoff vs. the City of Seattle, a 1965 Washington Supreme Court decision. He read the following quote from the case, “The lack of rights of the abutting owner to so use the street in front of his property does not depend on his interference with an actual or proposed public use of the street. The abutting owner simply has no legal right to make this 9.3.c Packet Pg. 629 At t a c h m e n t : A t t a c h m e n t 3 - P l a n n i n g B o a r d P H F u l l M i n u t e s 0 8 1 4 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes August 14, 2019 Page 3 kind of use of the dedicated public street unless an ordinance expressly authorizes permits for such use to be issued by the City even though no member of the public is inconvenienced by the private use.” In the latter case, a city is asserting its right to hold the property in trust for the public. When you consider the context of how they came before the court (one involved a city and the other did not), it explains why the law was articulated so differently. He shared another quote from the 1965 case, “The abutting owner has no right to build permanent structures in the street nor to set up storage yards therein for private business purposes. Assuming that such power exists, the granting of permission to a private person to so use the streets is totally within the discretion of the city.” Going back to the bundle of sticks. City Attorney Taraday summarized that there are not a lot of legal rights left to the underlying owner once a street has been dedicated to the public. For that reason, streets are not counted as part of the lot size when a property is appraised. City Attorney Taraday referred to a 1989 Washington Court of Appeals case, City of Seattle vs. ?? Land Company. The older streets in Seattle have glass tiles with space underneath that are frequently attached to basements of buildings abutting the street. Property owners pay the City of Seattle to use that space. In this case, a property owner claimed that, as the abutting owner, he had the right to use that space as long as it wasn’t interfering with the public. He argued that that “other jurisdictions have held that where the fee is in the abutting owner, the City may not charge the abutting landowner rent for the use of such space.” The court, however, determined that, “To the extent that these authorities so hold, that is not the law in Washington.” City Attorney Taraday summarized that case law makes clear the extreme limitations placed on abutting owners within the context of a street dedication. On the other hand, a street vacation has a lot of value to an abutting property owner because all of the rights that applied to the street dedication would be given back to the property owner. All of the rights (or sticks) have value. Anytime they go back and forth between parties, there should be some transaction to compensate for the transfer of property. City Attorney Taraday read from Washington State Constitution Article 8 Section 7, “No county, city, town or other municipal corporation shall hereafter give any money or property or loan its money or credit to or in aid of any individual, association, company or corporation, except for the necessary support of the poor and infirm or become directly or indirectly the owner in stock in or bonds of any association, company or corporation.” He said that while there is not a case that directly addresses this constitutional provision in the context of a street vacation, it is his opinion that City should require compensation for a street vacation because it would be considered a gift of public funds or property not to. The rights (sticks) are owned by the public. If the City gives them back to the property owner without compensating the public for the loss of those sticks, it would be a gift of public property, which violates Article 8 Section 7 of the Washington State Constitution. The State uses a two-prong analysis to determine if a “gifting” has occurred. The first is, are you trying to carry out a fundamental purpose of government, and he can’t see any argument that giving property rights back to a private citizen would be classified as a fundamental purpose of government. Secondly, the court focuses on the consideration received by the public for the expenditure of public funds and the intent of the appropriating body. The court would look at what consideration the City received for giving the rights (sticks) back, and he believes having the rights appraised is appropriate. Appraisers are trained to measure the differences in fair market value between a before and after situation. Board Member Pence pointed out that the City does not pay compensation when it acquires “bundle of sticks” when plots are dedicated. At the time of a subdivision, developers are required to gift street dedications to the City to provide access to the lots. He understands City Attorney Taraday’s viewpoint that street dedications are owned by the City and have value and that abutting property owners who have reversionary interest in the properties should provide compensation if the streets are vacated by the City. However, it is important to note that the City didn’t pay to acquire the street dedications in the first place. City Attorney Taraday responded that consideration doesn’t have to be identical in terms of flowing both directions. The consideration the original owner gets is an approved plat. While it is true that the City doesn’t pay cash for the streets that are dedicated, it approves the plats and the owners profit from the approval. The only way you can get a subdivision approved is to transfer those sticks (rights) to the City. Once they are owned by the public, it is not relevant any more how they got to be in the public’s hands. What is relevant is, should they be given back, and if so, why? Board Member Pence summarized that the City acquires sticks within the public right-of-way, and its payment is the administerial act of approving the subdivision. City Attorney Taraday agreed that is one way to look at it. It is pretty clear that a developer dedicates property for streets in order to get a subdivision approved. 9.3.c Packet Pg. 630 At t a c h m e n t : A t t a c h m e n t 3 - P l a n n i n g B o a r d P H F u l l M i n u t e s 0 8 1 4 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes August 14, 2019 Page 4 Board Member Monroe observed that the City sets the value of those rights at zero when they enter into negotiations with a developer of a subdivision, but then they want to sell them back for fair market value. City Attorney Taraday responded that the City does not establish a value when the property is being dedicated for streets as part of a subdivision application. No money changes hands at that point. Not all consideration is in the form of cash. Board Member Monroe commented that when a street vacation is granted, it expands a property and property owners are then required to pay taxes on the additional land. He asked if that would be enough compensation to the City to warrant approval of a vacation request. City Attorney Taraday said his opinion is that every property owner pays taxes, but not every property owner gets to have the street in front of their property back. He cautioned that if the City were to vacate every potential property without requiring any compensation, some residents in the City would get a windfall and others wouldn’t. It wouldn’t be fair to distribute public property unevenly so it goes to some people but not to all. His view is that the fair approach would be to compensate the public for the loss of those rights. The current code allows the City to obtain compensation, but State Law allows the City to require higher levels of compensation than the code currently provides for. It also doesn’t force the City to make an either/or choice between an alternative easement or cash compensation. Board Member Monroe summarized that City Attorney Taraday’s position is that paying taxes on the newly acquired property would not address the concern about the gifting of public funds. He asked if there are other states that do not require money to change hands. City Attorney Taraday was unable to answer the question but explained that it is a Washington State constitutional provision. Board Member Rosen commented that a street vacation could result in a property owner acquiring land that he/she does not want and is not equipped to pay taxes on, and this could cause a hardship or financial burden. City Attorney Taraday emphasized that no one would ever be forced to seek a street vacation. Most street vacations are initiated by a petitioner, who is the abutting owner who happens to want the property. Even if the City Council initiates a street vacation, it would not take affect until compensation is received. If the appraisal comes back higher than a property owner anticipates, he/she can pull the plug on the street vacation. No one would ever be forced to follow through. Board Member Rosen asked what would happen if one of the 10 property owners along an alley doesn’t support the vacation. City Attorney Taraday said it would depend on the location. Highly motivated neighbors might be willing to pick up someone else’s tab. Another scenario is that just half of the block could be vacated. However, he does not foresee the City would ever allow a checkerboard pattern of street vacations. Continuity would be required. Chair Cheung asked if the appraisal would be based on value to the City or the abutting property owner. There must not be a whole lot of value to the City if they are willing to give it away. All the City would lose is the public right-of-way. City Attorney Taraday recommended the Board seek feedback from an appraiser to provide specifics on how an appraisal would be done. He knows that when the City acquires right-of-way from an abutting property owner in order to widen a street, the property is appraised in the before and after conditions, and any damages the dedication might cause to the property are taken into account when determining how much the City must pay the abutting property owner. He suspects that a similar process would be used in street vacation situations, too. Board Member Monroe referred to proposed Section 18.55.040.B, which states that “The city shall not proceed with a city- council initiated vacation if the owners of 50% or more of the lineal footage of property abutting the subject property file a written objection.” He asked if this provision implies that the City could force property owners to assume ownership of the land. City Attorney Taraday said that, as proposed, the decision to not proceed with a vacation would occur earlier in the process and before there is a Resolution of Intent. If 40% of the abutting property owners object, his experience tells him the City Council would not approve the street vacation. If the Council does approve a street vacation in this situation, a certain dollar amount would have to be paid to the City in order to finalize the transaction. The 40% who object would not be required to pay the compensation amount, in which case, the 60% in favor could either withdraw their request or pay the entire compensation and the property owners in opposition would get a windfall. Board Member Monroe asked who would own the properties, and City Attorney Taraday explained that it doesn’t matter where the money comes from. The properties would revert back to the apparent abutting property owners. Board Member Monroe voiced concern that the 40% who object could end up with a higher tax bill for property they didn’t want. City Attorney Taraday agreed that is possible, but the likelihood of that being a significant amount of money is small. Vice Chair Robles thanked City Attorney Taraday for clarifying that a property owner would not be forced to purchase a street vacation. As far as unjustly receiving a windfall, 9.3.c Packet Pg. 631 At t a c h m e n t : A t t a c h m e n t 3 - P l a n n i n g B o a r d P H F u l l M i n u t e s 0 8 1 4 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes August 14, 2019 Page 5 citizens are already subjected to windfalls and judgment through the course of rezones, code changes, etc. He is not sure that argument would be strong in this case. Vice Chair Robles asked if fair market value assumes that anyone could bid on a 10-foot strip of right-of-way. City Attorney Taraday answered that an appraiser would define fair market value as the price at which a reasonable, willing and able buyer and a reasonable, willing and able seller are likely to enter into a transaction. This is typically determined by looking at comparable sales in the area. The properties are analyzed and a judgment is made to come up with a price per square foot for the land. Vice Chair Robles questioned how the fair market value would be established for a 100 square foot area in the middle of property abutted by two unwilling owners. It’s attached to someone’s property, which gives it value. A 100 square foot peace of land does not have any value on its own. City Attorney Taraday said it would have some inherent value, but Vice Chair Robles’ question is more about whether an appraiser in this context would look at an assemblage premium. For example, an owner of a lot that is 9,500 square feet in size might request a street vacation because he/she needs an additional 500 square feet in order to subdivide the property into two, 5,000 square foot lots. The City would expect an appraiser to take into consideration that the street vacation would enable the property owner to get another lot worth of value. On a per-square-foot basis, 501 square feet might not be a lot of money. However, a vacant, buildable lot in Edmonds is worth quite a lot. Vice Chair Robles asked if an abutting property owner could list the street vacation as an amenity to the property when it is sold in a real estate transaction even if he/she has not exercised that right. City Attorney Taraday explained that the City Council has complete and total discretion to approve or deny a street vacation, and there are no criteria. The City Council does not have to provide a reason for the denials, either. He does not think anyone would want to stake a real estate purchase on this potential opportunity. Vice Chair Robles commented that the appraiser would also be making a speculative argument that the 80 square feet of land has value. City Attorney Taraday responded that, once an appraisal comes back, a property owner can decide to pay the compensation to have the extra land added to his/her lot or leave the land as is. Vice Chair Robles acknowledged that a property owner would not be forced to pay the compensation, and he asked if having a third-party appraiser to identify a transaction’s value, who it is valuable for, and how the money is assigned would be a positive thing or confuse the matter more. City Attorney Taraday said he views the independent appraiser as being a key part of ensuring fairness. When appraisals come in for street vacations, City staff has noted there is too much variation in terms of what the City will receive. It is unfair that some people are submitting junk appraisals and paying hardly anything, and other people are doing it right and paying a fair amount of compensation. That disparity should not exist. The City can create a system where everyone is playing by the same rules and the appraisals are being done the same way. This provides confidence that a disparity in price is not because a completely different methodology was used. This is preferable to letting property owners choose whoever they want to do the appraisal. He said he and Ms. McConnell have given some thought to a process that would allow a property owner to have a second appraisal if they don’t like the initial one. Ms. McConnell continued her presentation by pointing out that most of the street vacations that come before the City are initiated by private citizens versus the City Council. Petitioners understand that an appraisal is required and that compensation could potentially be necessary for the vacation to be completed. State Law requires compensation to the City in an amount equal to one-half or the full amount of the appraised value, which means that an appraisal needs to be done. In the existing code, an appraisal is the minimum application requirement and the appraiser is selected by the petitioner. As discussed at the last meeting, having that be a minimum application requirement means that the appraisal is being done before the City Council has determined it would even consider the property for vacation and before any easement requirements have been identified that would devalue the property. The proposed code moves the appraisal requirement to later in the process after staff has completed review and the City Council has approved a Resolution of Intent to Vacate. A requirement for a third-party appraiser was incorporated into the code, and the petitioner would be responsible for covering that cost. She noted that the current code also requires the petitioner to cover the cost of the appraisal. Ms. McConnell shared some ideas for how to address situations when a petitioner does not agree with the independent appraisal. The ideas include: • The petitioner could select an alternative appraiser from a list provided by the City. The list would have at least three names on the list. • The petitioner would pay for the alternative appraisal, as well as the initial independent third-party appraisal. 9.3.c Packet Pg. 632 At t a c h m e n t : A t t a c h m e n t 3 - P l a n n i n g B o a r d P H F u l l M i n u t e s 0 8 1 4 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes August 14, 2019 Page 6 • Both appraisals would be included in the City Council packet, along with the street vacation ordinance and the City Attorney’s analysis of the differences between the two appraisals. • The City Council would decide the compensation amount using the two appraisals as brackets for their discretion. Ms. McConnell explained that RCW 35.79.030 states that compensation to the city or town shall be in an amount equal to one-half the appraised value of the area so vacated or at an amount not to exceed the full appraised value, which applies if the street or alley has been part of a dedicated public right-of-way for twenty five years or more or if the subject property or portions thereof were acquired at public expense. The City’s existing code states that the City can accept monetary compensation or reservation of an easement to the City. The proposed code would state that monetary compensation and allowance for reservation of easements are both possibilities. The current code limits the compensation amount to one-half the appraised value, and State Law allows the City to accept the full appraised value. Ms. McConnell said that, as per the existing code, certain conditions can be placed on the City Council’s approval of a Resolution of Intent to Vacate such as reservation of certain easements. The code requires that the conditions must be met within 90 days of approval of the Resolution of Intent to Vacate. The proposed amendment still has a 90-day requirement for compliance, but adds a provision that allows some flexibility if otherwise stated in the resolution. If there are extenuating circumstances, it might take more time for a petitioner to comply with the conditions, and the proposed amendment would allow the City discretion to grant an extension. As requested by the Board, Ms. McConnell briefly reviewed the 2018 compensation history, noting that one street vacation was initiated in 2018 by an abutting property owner. The owner paid half of the appraised value, which was $28,800. The property owner approached the request knowing about the compensation requirement. They fell under the existing code, which meant an appraisal had to be done before an application was made. This is indicative of the types of street vacation requests the City receives. Ms. McConnell reviewed that the proposed amendments were introduced to the City Council Planning, Public Safety and Personnel Committee on July 9th and the Planning Board on July 10th. The Planning Board will conduct a public hearing tonight and forward a recommendation to the City Council. The item is tentatively scheduled for a public hearing and final decision by the City Council on September 17th. Ken Reidy, Edmonds, commented that the discussion about the “Fee Simple Bundle of Rights” did not included a discussion about opened and unopened easements. When an easement is not being used by the City to open up a street or alleyway, the fee title owner of the property has rights to use the property. Mr. Taraday read about those rights in court case Nystrand vs. O’Malley. He said there are numerous examples all over the City where property owners use the right-of-way when the City hasn’t put in a street or alley yet. He specifically referred to a situation where someone sold their servient estate ownership interest to a neighbor, which is another bundle of sticks. He summarized that the rights of the two are not absolute. The servient estate also has rights, and that’s really important to appreciate. Mr. Reidy recalled that when the proposed code amendment was introduced to the Board on July 10th, City staff did not mention that the 2012 Planning Board was tasked by the City Council on two occasions to review this same item. Amendments were needed to clarify certain parts of ECDC 20.70 and make the wording consistent with State Law. He spoke at both of those public hearings (May 9, 2012 and November 14, 2012). The end result of this effort was that the City Council adopted Ordinance 3910, which made the City’s laws more consistent with State Law (RCW 35.79.030). He questioned why the Planning Board is now being asked to consider a major rewrite of this code section. He said he is unaware of any changes to State law that makes this necessary. He asked who is pushing this effort that changes laws adopted by a previous City Council. For example, the either/or provision is legal under State Law, and the City Council made a legislative choice to establish that law. Why is staff now proposing that the either/or law be eliminated. It is good law that the citizens support. He asked that the Board recommend that the either/or provision be left intact. Mr. Reidy asked why the proposed code amendment has been in the works since at least May 3, 2018 without an opportunity for property owners or citizens to be involved in the process. He noted that Ordinance 3910 clarifies the type of easements the City may retain when deciding to vacate a street or alley easement. The City Council may reserve rights for the City for construction repair and maintenance of public utilities and services, which is consistent with State Law. Ordinance 3910 does not say that the City Council may require property owners to grant rights to third parties, yet the Edmonds City Council 9.3.c Packet Pg. 633 At t a c h m e n t : A t t a c h m e n t 3 - P l a n n i n g B o a r d P H F u l l M i n u t e s 0 8 1 4 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes August 14, 2019 Page 7 has required property owners to grant easements to third parties during the last three street vacations. Instead of correcting their historical acts, he fears the City is attempting to change the code to promote similar acts in the future. He said he is not aware that any property owner has asked for this change. He pointed out that Ms. McConnell’s reference to a recent street vacation that required a $28,800 compensation failed to mention that the property owner was also required to grant an easement to the Edmonds School District for an unpermitted pipe they had put in years ago. He cautioned against the City elevating third-party rights above those of the property owner. Mr. Reidy referred to the proposed language in ECDC 18.55.140.B.3, which states that, “Any challenge to one or more conditions imposed pursuant to a resolution of intent to vacate must be brought in Snohomish County Superior Court no later than 30 days following the adoption of the resolution of intent. If such a challenge is successful, the city council shall determine whether to amend the resolution of intent by adopting a different set of conditions or to deny the street vacation in its entirety.” He said RCW 35.79.030 does not say anything about a 30-day challenge period. It simply says that “such ordinance may provide that the City retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair and maintenance of public utilities and services.” Mr. Reidy stated that it is not the property owner’s job to see that all laws and ordinances are faithfully enforced; that is the Mayor’s job. Shifting the burden to others by giving them 30 days to challenge the City Council’s required conditions is very wrong and unfair. It should be kept simple to comply with State and City Laws. The City Council can retain an easement or rights. Retain means to keep possession of, but it does not mean that the City can require property owners to grant easements to third parties. Mr. Reidy pointed out that street vacations are legislative acts. He asked what would be the next legislative act that someone tries to make subject to a 30-day appeal period to Snohomish County Superior court if the proposed amendments are adopted. He commented that the courts do not want to be involved in the legislative process. Legislative acts are the City Council’s responsibility and the City Council should be able to act within the law without involving the Superior Court. Mr. Reidy recalled that at the Board’s July 10th meeting, City staff explained that if there was thought to be value to the land and an appraiser found value to the property, the City would not be able to just gift public land to an adjacent property owner. However, Ordinance 4143, effective February 20, 2019 did not require compensation even though the related appraisal showed the property had value. This was perfectly legal, as requiring compensation is permissive. The statement about gifting of public land is alarming for several reasons. It shows that City staff tasked with updating the code section may not have a complete understanding of this area of law. History shows that the City has not required compensation on many occasions. If gifting public land was not something the City was able to do, why would it have done so earlier this year? He suggested that gifting is not an issue because the property owner almost always owns the title. If the street or alley has been part of a dedicated public right-of-way for less than 25 years, State Law allows the City the option of requiring compensation in an amount which does not exceed one-half the appraised value of the area so vacated. He questioned why the other half wouldn’t be considered a gift of public funds or a windfall? Resolution Number 1145 documents that the City Council voted to credit back costs, including the cost of the appraisal, to the abutting property owner by reducing the required compensation by $3,750. Should this be considered a gift or a windfall? He asked the Board to appreciate that compensation is permissive. He asked why City Attorney Taraday is talking about a potential windfall if payment is not required. The City Council has great legislative discretion, and they don’t have to require compensation ever. In fact, since 1998, the City Council has not required compensation for most street vacations. For example, there were 15 street vacations in 1998 and none required compensation. History proves that it can be a public benefit to vacate streets without the need to require compensation. Mr. Reidy referred to City Attorney Taraday’s memorandum, which also states that payment for a street vacation would benefit the general public. He questioned if the general public would have legal standing to contest a street vacation if the City Council did not require compensation? He referred to Grays Harbor 2000 vs. the City of Seattle, in which the City of Seattle vacated 15.2 acres of streets and did not charge compensation. Citizens appealed the decision, saying they were harmed as part of the public because the City did not charge compensation, but the judge ruled that they didn’t have standing to contest the decision. He emphasized that the City and property owner have higher rights than the general public. Mr. Reidy commented that State Law is clear that the respective rights of the City and property owner are not absolute, and case law is clear that the property owner, and not the general public, has the right to use unopened streets and alleyways. In conclusions, Mr. Reidy expressed his belief that staff’s comment that the City would not be able to just gift public land to an adjacent property owner indicates that they do not have a keen understanding of the las. If such a major code rewrite was needed, he asked why the citizens were not made aware of it? He recalled that in late 2016, he pointed out in a public hearing 9.3.c Packet Pg. 634 At t a c h m e n t : A t t a c h m e n t 3 - P l a n n i n g B o a r d P H F u l l M i n u t e s 0 8 1 4 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes August 14, 2019 Page 8 on a street vacation that acquiring an appraisal so early in the process was wrong. He is glad the proposed amendment will address this issue, but in general, the existing code is good. It was just reviewed in 2012 and it remains solid. He suggested the best approach would be to leave the recently updated code as is, with just the one change to move the appraisal requirement to later in the process. He asked the Board not to move away from the legislative intent of the City Council that adopted the either/or law and compensation law that didn’t go for the full appraisal value. There is no need to change the choices that were made in 2012. At the request of Board Member Pence, Mr. Reidy submitted his statement in writing. Fennis Tupper, Edmonds, said he has been a resident of Edmonds for 39 years and his property was part of George Brackett’s original plat. His northern boundary line was the northern boundary of the City, and there is a 7.5-foot undedicated alley easement in his backyard. He noted that the street code requires 15 feet, but when the City annexed the Holy Rosary property to the north of his property, it did not require them to dedicate the other 7.5 feet. If you view the property on Google Maps or the City’s GSA maps, you will see that almost every property owner has put up a fence and incorporated the 7.5 feet into their lots. In the 39 years he has lived in the City, he has witnessed many street vacations, especially in his neighborhood. For example, some of 8th Avenue that was never going to be opened because of a stream was vacated. A 7.5-foot easement between 8th and 9th Avenues was also vacated with no compensation required. Mr. Tupper referred to Mr. Reidy’s earlier question about why it would be okay to give away half of the public’s funds by not charging the full amount. It is just not a valid legal argument. He said he watched the July 10th Planning Board Meeting on Channel 21 and was flabbergasted at some of the testimony that was provided by staff. He visited the Municipal Research Service Center’s (MSRC) website (www.msrc.org) for additional clarification. The MSRC is a non-profit organization that helps local governments across Washington State to better serve the citizens by providing legal and policy guidance on any topic. He learned that a public right-of-way is generally an easement, and when the right-of-way is vacated, the fee title to the property underlying the right-of-way held by the abutting property owner becomes unencumbered by the easement. What the vacation accomplishes is extinguishment of the right-of-way easement. Ms. McConnell said that abutting property owners cannot use the easement because the City has jurisdiction over it. However, per the MSRC, if the right-of-way has not been opened and is not improved, the obstruction of public travel is not an issue and the property owner is not subject to the same restrictions as when it is opened and improved. Typically, property owners can use the unopened, unimproved right-of-way as they can the rest of their property, but it is subject to the possibility of it being opened and improved at some point in the future. Mr. Tupper also referenced Ms. McConnell’s statement that if there was thought to be value to land and an appraiser did find value to the property, the City could not just gift it to an abutting property owner. However, it is important to note that the City does not have title to the property. It only has an easement right, which is just one stick (right) in the bundle. Mr. Tupper said that about six years ago he discovered that the Lighthouse Law Group’s corporate registration with the State had lapsed and hadn’t been paid for or renewed. After discovering that, he went to the City of Seattle’s website and found that the law firm, which had been formed about five years earlier, had never applied for a City of Seattle business license or paid City of Seattle taxes. He asked Mr. Taraday for a copy of his business license, and he told him it had lapsed. However, the following day he was down at the City of Seattle applying for the license. There is something about integrity and truth, and telling him that the license had lapsed was very untruthful. Michelle Dotsch, said she was present at the last meeting and heard Mr. Reidy address the Board. She was born and raised in Edmonds and knows there are a lot of alleys that people walk and bike through. She recalled that City staff displayed a map at the last meeting that showed an alley in just one area, but a short Google search located a variety of Google Map photographs of local streets with unopened easements. In many of these situations there is landscaping, buildings, fencing, etc. She submitted maps showing where all of the easements are located, noting that some have access to driveways to actual parking garages on the backside with no access for vehicles on the front side. The owners of these properties would be significantly impacted by the proposed amendments, yet there are only two public hearings during the summer when people are out of town. It is easy to do a Google Map search to find the property owners. She expressed her belief that the process needs more time and attention. The City needs to reach out to the public by mailing notices to affected property owners. Chair Cheung closed the public comment portion of the hearing. 9.3.c Packet Pg. 635 At t a c h m e n t : A t t a c h m e n t 3 - P l a n n i n g B o a r d P H F u l l M i n u t e s 0 8 1 4 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes August 14, 2019 Page 9 Board Member Monroe advised that Board Member Rubenkonig was unable to attend the meeting but submitted a written comment asking about the impetus of staff’s proposal to update the street vacation provisions. City Attorney Taraday explained that as staff has worked through street vacations over the past few years, it noted provisions that were either not as clear as they needed to be or not as helpful to the City as allowed by State Law. He disclosed that he represents the City of Edmonds and his responsibility is to advance the interest of the City of Edmonds and not individual property owners. If he sees that State Law allows the City of Edmonds to collect more money for a street vacation than it is currently collecting, it is his job, as the City Attorney, to make that option available to the policymakers and let them decide whether or not they want to amend the code. The City is leaving money on the table right now. He feels an obligation to bring that forward and let the policymakers make a decision about whether that is a good thing or not. Board Member Monroe noted that, as proposed, the city attorney would provide an analysis of an appraisal. City Attorney Taraday said that is one option. He spent a lot of his career doing imminent domain work and deposing appraisers. Board Member Monroe pointed out that the proposed amendment does not say that Jeff Taraday will provide an analysis, it simply says that whoever is the city attorney would do the analysis. City Attorney Taraday expressed his belief that most city attorneys would be able to do that work. Board Member Monroe observed that, as per his earlier statement, City Attorney Taraday is charged with advancing the City’s interest and not that of private property owners. City Attorney Taraday said he would provide an analysis to the City Council, and the City Council Members are also tasked with representing the City of Edmonds and looking out for the City’s interest. He asked who better to advise the City Council than the person who has the fiduciary duty to look out for the interest of the City of Edmonds. Ms. McConnell explained that the proposed amendments are intended to clarify and address issues that have come up over the past few years as staff worked through street vacation applications. As proposed, the restructured process would be smoother to follow and easier for the staff and public to understand the requirements. Moving the appraisal to a later point in the process after the Resolution of Intent to Vacate has been approved will benefit petitioners so they don’t spend money up front on something that may have no traction. The provisions were looked at holistically and are intended to address issues that kept coming up as staff dealt with residents coming to the front counter. In an effort to be transparent, City Attorney Taraday said the intent behind the current either/or provision is unclear to him. They could review the legislative history and try to identify the intent, but there is not always a clear answer for why a provision was adopted into the code. However, it is completely arbitrary to try and equate the reserving of a simple easement to the City on one hand and fair market value payment for the street vacation on the other. For example, you could have a huge street vacation worth a lot of money, but if the City happens to have a small water line there that requires the preservation of a small easement, the existence of the water line could create a completely arbitrary condition where the City either needs to vacate the street cost free, reserve the easement or deny the street vacation. Denying the street vacation request is not in the property owner’s best interest. It is important to create conditions that allow street vacations to come forward, and the either/or provision forces the City to make a difficult choice between three options that are not good. Eliminating the either/or provision could create a situation where a reserved easement could end up reducing the amount of compensation that a property owner is required to pay. On the other hand, retaining the either/or provision would prohibit the City from requiring compensation if any portion of the easement is reserved. Board Member Crank said her initial understanding was that the proposed amendments were intended to catch the City’s code up with the State Law, but it appears that has already been done. She asked if the true intent is to collect the money that is being left off the table and put it into the City coffers. If that is the case, itis important that the intent is clear so that the Board doesn’t continue its conversation thinking they are trying to catch up with something that they have already caught up to. Secondly, she asked if there is a timing issue that requires that the Board’s recommendation be forwarded to the City Council for a September public hearing. City Attorney Taraday reviewed that the focus of the 2012 update was fairly narrow and not intended to be a full rewrite of the street vacation code. One reason it has taken so long to bring the proposed update forward is that, frequently in City government, there is too much to do and not enough time and resources. Projects end up getting re-prioritized. It took a while for staff to realize that the full appraised value provision was not in the code. Rather than doing piecemeal amendments to the code, staff felt it was better to wait until they could do a complete rewrite of the entire chapter. 9.3.c Packet Pg. 636 At t a c h m e n t : A t t a c h m e n t 3 - P l a n n i n g B o a r d P H F u l l M i n u t e s 0 8 1 4 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes August 14, 2019 Page 10 Ms. McConnell said that once staff starts a project, they try to keep it moving. They are pulled to a variety of different projects, and staff availability to work on projects is limited. The larger the gap is in between, the more time it takes staff to sync back into the project and bring it forward again. The tentative public hearing before the City Council on September 17th is purely an effort to keep the amendment moving forward while the issue is fresh on everyone’s mind. Regarding the issue of retained easements by either the City or another agency, Board Member Pence commented that petitioners are asking the City to give the bundle of sticks back to the abutting property owners. The retention of an easement is the City merely saying that one of those sticks will have to be retained in the public interest. The petitioner would still have all the rights to use the land subject to the easements that are retained, and this will have an impact on the appraised value of the parcel. He doesn’t see retained easements as an issue at all since they are part of the reality of the process. Board Member Pence questioned the use of the term “third-party appraiser,” since it has not been referenced in the conversation. Currently, the appraiser is chosen by and becomes a client of the petitioner. Under the proposed amendment, the City would select the appraiser and that appraiser would be a servant of the City. There would be no third-party involvement in the proposed process. However, there may be some merit in having third-party appraiser who is truly independent of both the City and the petitioner. He said he has been involved in public property acquisition issues through condemnation, and the agency has its appraiser and if the unwilling seller doesn’t like the appraisal, he/she hires a different appraiser. The issue goes to court and the differences are adjudicated. He suggested that for smaller-scale issues, it would be more appropriate to have just one appraiser that both sides select from a list of qualified appraisers. This would save expense, if nothing else. Again, he said the use of a third-party appraiser is not properly chosen in the proposed amendments. Board Member Rosen asked if he understood correctly that, as proposed, the petitioner would be required to pay for the appraisal. If the petitioner disagrees with the appraisal, he/she would be required to pay for the second appraisal, too. City Attorney Taraday said that is one of the options for addressing the Board’s initial concern about the appraisal process. From his perspective, it would not make sense for the City to pay for an appraisal unless the street vacation was initiated by the City Council. Board Member Rosen suggested that the better distinction would be for whoever initiates the street vacation to pay for the appraisal. Board Member Rosen voiced concern that the proposed amendments might set the City up for some unintended consequences. He asked how the City could reduce that risk. City Attorney Taraday responded that the proposed amendment would not have any impact on rights that abutting owners have to use streets, whether opened or unopened. From his perspective, it has always been the case that if you want to build something in a street, you have to get an encroachment permit from the City. They are not making any changes regarding City policy on that issue. Board Member Monroe asked if the conditions attached to a street vacation approval could require a petitioner to obtain an agreement from a third-party utility. City Attorney Taraday explained that the City can never be compelled to approve a street vacation. It can deny the request at any time for any reason. In addition, the City is a code city organized under Title 35.A, which is different than other types of cities that exist in the state. Code cities have the broadest possible powers under the Washington State Constitution. Code cities are home ruled cities in that they don’t need to point to something that is expressly stated in State Law to authorize their actions. They just can’t contradict State Law. As long as they aren’t violating the statute, they are good. He cannot point to a specific State Law that requires petitioners to obtain agreement from third- party utilities, other than Title 35.A, which grants code city home rule authority. Board Member Monroe summarized that the answer to his question is yes, the City can require a petitioner to obtain agreement from a third-party utility. Board Member Monroe asked why the timeline for challenging a street vacation is 30 days and not a longer time period. City Attorney Taraday referred to the case, King County vs. Federal Way, where a street vacation was challenged. The issue in that case was whether or not the challenge was timely. The court determined that when challenging a street vacation under a declaratory judgment action, the action must be brought within a reasonable period of time. The court ultimately held that 30 days was the appropriate time period. He expressed his belief that it is not fair to citizens to make them guess about how much time they have to file a challenge. It is a lot more transparent to put the timeline in the code. Because a timeline is not set forth in the RCW, the City has the authority to decide what the reasonable time period is, but it must be a reasonable period of time to get something before the court and before a street vacation has been finalized and the ordinance adopted. Board Member Monroe voiced concern that it might be difficult for a property owner to get everything in order in that short amount of time. 9.3.c Packet Pg. 637 At t a c h m e n t : A t t a c h m e n t 3 - P l a n n i n g B o a r d P H F u l l M i n u t e s 0 8 1 4 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes August 14, 2019 Page 11 Board Member Monroe reiterated that the City takes all but one of the sticks when a property is subdivided. If a property owner asks for them back, the City will determine what they are worth and require the property owner to provide compensation. In addition, the City may decide to give only some of the sticks back and hold onto others sticks for some type of public use. The petitioner would have 30 days to challenge the City’s decision. Again, he asked if the City would require a petitioner to obtain an agreement with a third-party utility if an easement is to be retained. Ms. McConnell answered that the petitioner would be responsible for contacting the utility and working out the easement agreement and this would be spelled out as part of the condition process. That is why 90 days might not be enough time, and the ordinance might establish a longer time period as appropriate. Board Member Monroe commented that City Attorney Taraday and Ms. McConnell are doing a great job of maximizing City revenue wherever possible, and that’s what the amendments are about. However, that is not something the Planning Board is has to do. City Attorney Taraday cautioned that this is not a type of taxation. In the case of a street vacation, the City is transferring valuable property rights at a price that has been agreed upon by a professional appraiser. It is not an unfair transaction. Board Member Monroe observed that the City has a lot of power and discretion in these transactions. City Attorney Taraday agreed, but in all of his years doing imminent domain and other types of appraisal work, he has never seen a situation where a city tries to low or high-ball an appraisal. In the grand scheme of the budget, the City won’t be motivated to game the appraisal process to get an extra amount of money. Money matters a lot more to the smaller guy. Board Member Monroe referred to City Attorney Taraday’s earlier comment that sometimes the City receives a low-ball appraisal, and he wo uld provide an analysis to the City as to what appraisal is the most accurate. City Attorney Taraday said his analysis would be informed by many years of working with appraisals. Board Member Monroe commented that as long as necessary easements are retained, the City would not be impacted by a street vacation. The land belongs to the property owner and not the City, and the City needs to show a reason to use it. If the City isn’t using it, the rights, by default, should be given back to the property owner. As long as the City would not be damaged by the transaction, it is incumbent on the City to make it easy and cheap. He said he likes the current either/or language, which protects the City from damages, and he also likes the proposal to move the appraisal to later in the process. All of the other amendments are unnecessary, especially if the primary intent is to get more revenue for the City. In particular, he does not like the 30-day timeline for challenging a street vacation, and he does not like the proposed appraisal process. City Attorney Taraday said he understands that the appraisal language is controversial, and a policy decision will need to be made. The Board’s task is to make a recommendation to the City Council on the policy question, and the City Council will make the ultimate decision. However, aside from this policy question, the other proposed amendments are needed to clarify the process and should be considered on their merit. Regarding the 30-day timeline for challenging a street vacation, City Attorney Taraday suggested that it is better for the City Council’s constituents to know what the timeline is rather than having to guess. He recommended that a timeline be clearly established in the code, and he suggested the Board discuss what might be a better period of time. Board Member Monroe expressed his belief that the timeline should be longer to allow sufficient time for a petitioner to gather the needed information to issue a challenge. Vice Chair Robles said he really appreciates City Attorney Taraday’s transparency that his job is to represent the City. However, the Board’s job is to represent the citizens. He also appreciates the working relationship that exists between the staff and the Board. However, if the Board advised the citizens that the purpose of the proposed amendments is to raise revenue for the City, he suspects that people who aren’t land owners would support the change, but those who own land would not. There are too many questions at this time for him to formulate a recommendation to the City Council. It will take more work to get enough information to get to the right solution. The City’s broad powers need to be carefully checked to figure out how they impact the citizens. He voiced concern that the proposed amendments are based upon the Fee Simple Bundle of Rights analogy, which cannot be codified. There needs to be a basis of logic for the code, and if they need to have a valid analogy to explain a proposed code amendment, it needs to be reconsidered. Board Member Rosen summarized that the City Council is looking to the Board for guidance. It appears that the Board agrees with the following: • Retain the current either/or provision. 9.3.c Packet Pg. 638 At t a c h m e n t : A t t a c h m e n t 3 - P l a n n i n g B o a r d P H F u l l M i n u t e s 0 8 1 4 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes August 14, 2019 Page 12 • Change who pays for the original appraisal based on who initiates the request. • Move the appraisal to later in the process. • Increase the timeline for challenging a street vacation to something greater than 30 days. Board Member Monroe asked if the Board had reached a consensus on who would choose the appraiser, the petitioner or the City. Vice Chair Robles responded that the City cannot expect to clean the process up with a third-party appraisal. It will be a messy process and negotiations will be required. If there is an appeal, Board Member Rosen asked if it would be possible to give the petitioner the option of either finding his/her own appraiser or using another appraiser from the City’s list. Board Member Crank asked if there are other cities in Washington State that have addressed the appraisal issue. It might be helpful to find out what processes other cities are using as opposed to grasping for their own ideas. City Attorney Taraday agreed that staff could research the processes employed by other cities and report back. Chair Cheung commented that the person who is asking for the street vacation will obviously be interested in a lower appraisal. On the flip side, the City will pick an appraiser that will identify the highest value for the property. Because the authority is already with the City, if the applicant had an unreasonably low appraisal, the City could simply deny the petition. He said he doesn’t see why the City needs to require a petitioner to choose an appraiser on the City’s list. If they come in with an appraisal that is incorrect, the City can simply deny the petition, and the petitioner could then appeal the decision and select a different appraiser from the City’s list. Vice Chair Robles pointed out that appraisers are all licensed and should be unbiased. City Attorney Taraday responded that appraisers are trained in different specialties, and the proposal is for the City to have a list of qualified appraisers who are trained to do street vacation work. Board Member Rosen suggested the Board could forward the proposal to the City Council with a recommendation of approval with the following exceptions: • Retain the either/or provision. • Change who pays for the initial appraisal based on who initiates the request. • Change the timeline for challenging a street vacation from 30 days to 60 days. • Request that staff come up with a recommendation for alternatives to the appraisal process rather than requiring a petitioner to choose from the City’s list of qualified appraisers. • Encourage the City Council to specifically reach out to any resident who borders a project that might be impacted, notifying them of the upcoming public hearing. Vice Chair Robles suggested that the Board’s recommendation to the City Council should also make it clear that the objective of the proposed amendments is to raise additional funds for the City. Board Member Crank agreed that additional revenue is an underlying element the proposal, but not necessarily the intent. Board Member Monroe suggested that the timeline for challenging a street vacation should be increased from 30 days to 90 days. City Attorney Taraday commented that, whatever the timeline is set at, the City won’t be able to adopt street vacation until 30 days after the timeline has expired. Some constituents will want a street vacation to happen more quickly. Board Member Rosen asked if a petitioner could waive his/her right to appeal, which would then shorten the process. City Attorney Taraday agreed this is an interesting concept. He can imagine certain street vacations where it would be clean and easy for a petitioner to waive the right to appeal, but if several property owners are involved in the petition, it could be more difficult. The Board agreed they would like to add an option to waive the right to appeal if possible. The Board discussed retaining the current code language that would allow the City to accept either monetary compensation or reservation of an easement. The proposed new language would allow the City to require both. Board Member Monroe commented that a street vacation would not damage the City in anyway, as long as the necessary easements are maintained. City Attorney Taraday clarified that the current code only prevents the City from collecting compensation if the easement is for the City, but if the City directs a petitioner to work out an easement with a utility, the City can collect compensation, too. Board Member Monroe suggested this provision needs to be changed. From the petitioner’s point of view, it shouldn’t make any difference whether the easement is for the City or a utility. City Attorney Taraday agreed it doesn’t make sense, but rather than treat all easements equally, the intent of the amendment is to evaluate the effect of the easement on value and subtract that amount from the required compensation. He cautioned against a provision that would result in the City’s 9.3.c Packet Pg. 639 At t a c h m e n t : A t t a c h m e n t 3 - P l a n n i n g B o a r d P H F u l l M i n u t e s 0 8 1 4 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes August 14, 2019 Page 13 inability to collect compensation if there is any condition involving retention of an easement for any party. Currently, only an easement to the City would ban other compensation. He explained that, currently, it is difficult for appraisers to take easements into account because appraisals are done before easement conditions are imposed. The proposed amendment would move the appraisal to later in the process so that easements can be taken into account when determining the correct compensation. Board Member Pence summarized that, if a petitioner does not get all of the sticks (rights) back and some are being reserved for a public purpose, it really shouldn’t matter whether that public purpose is the city or some other public entity. The sticks (rights) that don’t get turned back to the petitioner can all be accounted for in the appraisal. City Attorney Taraday explained that the City needs some motivation to approve a street vacation. He explained that it is not possible for the Board to know what the City’s future needs will be with respect to all of the streets and easements. He said he considers easements to be valuable rights, and simply giving them away could result in significant public cost in the future. Chair Cheung commented that if the City wasn’t able to collect compensation for street vacations, perhaps it would be more cautious about giving up easements. Board Member Crank commented that recognizing the monetary aspect of street vacations is neither good nor bad, it just is. You always need to know what something is valued at whether you end up giving it away for free or not. She recommended against spending too much more time talking about this aspect of the proposal. She suggested they move forward with discussions on the other elements of the proposal and then make a recommendation to the City Council. Vice Chair Robles expressed his belief that the City Attorney’s position regarding the monetary aspect of the proposal should be articulated to the public. Board Member Pence said he would like staff to provide feedback in writing, responding to the public comments and the Board’s conversations. The proposed amendments could be tweaked to represent more of a consensus and the Board could discuss the updated proposal at their next meeting. He said he is not comfortable sending a recommendation to the City Council now. Chair Cheung agreed and noted that the Board is particularly interested in increasing the timeline for challenging a street vacation from 30 days to 60 days and perhaps adding a provision that would allow a petitioner to waive the appeal period. There are also some outstanding questions regarding the provision that would allow the City to collect compensation and require that an easement be reserved. City Attorney Taraday agreed to work with staff to prepare an updated version of the proposed amendment that incorporates the thoughts expressed by the Board. However, it will take more time for staff to update the document. He summarized that there are some items that appear to have majority support. Where there are still issues, he agreed to provide alternative language for the Board’s consideration. The Board could continue their deliberation in October based on an updated draft. Chair Cheung closed the public hearing. REVIEW OF EXTENDED AGENDA Chair Cheung advised that the August 28th agenda will include an update on the Vision 2050 Multicounty Planning Policies and a presentation on the RoadMap Project (Ruckelshaus Center Report). The September 11th meeting is scheduled as a joint meeting with the Architectural Design Board and an update on the Urban Forest Management Plan. The Board will continue its deliberations on the Street Vacation Code Amendments on October 9th. PLANNING BOARD CHAIR COMMENTS Chair Cheung announced that some parking issues will be coming before the Board, so it is important for them to keep apprised of what is happening with the parking study, etc. PLANNING BOARD MEMBER COMMENTS Board Member Monroe reported that he attended the kickoff meeting for the parking study, which was well attended and informative. At this time, they are working to identify a framework for the study. 9.3.c Packet Pg. 640 At t a c h m e n t : A t t a c h m e n t 3 - P l a n n i n g B o a r d P H F u l l M i n u t e s 0 8 1 4 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes August 14, 2019 Page 14 The Board Members expressed appreciation for staff’s hard work on the street vacation code amendments and their desire to represent the City’s best interest. Board Member Crank reported that there were public comments at the last Airport Commission meeting regarding noise. She predicts that noise will continue to be a topic since it was just announced that a new flight would be added from Everett to Spokane. ADJOURNMENT The Board meeting was adjourned at 9:30 p.m. 9.3.c Packet Pg. 641 At t a c h m e n t : A t t a c h m e n t 3 - P l a n n i n g B o a r d P H F u l l M i n u t e s 0 8 1 4 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED OCTOBER 9th CITY OF EDMONDS PLANNING BOARD Minutes of Meeting September 25, 2019 Chair Cheung called the meeting of the Edmonds Planning Board to order at 7:00 p.m. in the Council Chambers, Public Safety Complex, 250 – 5th Avenue North. LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES 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. BOARD MEMBERS PRESENT Matthew Cheung, Chair Daniel Robles, Vice Chair Alicia Crank (left at 7:50 p.m.) Nathan Monroe Roger Pence Mike Rosen Conner Bryan, Student Representative BOARD MEMBERS ABSENT Todd Cloutier (excused) Carreen Nordling Rubenkonig (excused) STAFF PRESENT Rob Chave, Planning Manager Kernen Lien, Environmental Program Manager Jeanie McConnell, Engineering Program Manager Jeff Taraday, City Attorney Jerrie Bevington, Video Recorder Karin Noyes, Recorder READING/APPROVAL OF MINUTES BOARD MEMBER MONROE MOVED THAT THE MINUTES OF SEPTEMBER 11, 2019 BE APPROVED AS PRESENTED. BOARD MEMBER CRANK SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA BOARD MEMBER ROSEN MOVED TO AMEND THE AGENDA TO ADD A REVIEW OF THE JOINT CITY COUNCIL/PLANNING BOARD MEETING. BOARD MEMBER MONROE SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. The remainder of the agenda was accepted as presented. AUDIENCE COMMENTS Ken Reidy, Edmonds, advised that Page 37 of the Planning Board’s meeting packet discusses Ordinance No. 3729, which is the main reason he is so interested in the proposed street vacation amendments. He referred to the comment section at the bottom of Page 37, which states that a temporary construction easement was reserved for the construction of a retaining wall that was a private improvement built on private property to the north of the easement and had nothing to do with public 9.3.d Packet Pg. 642 At t a c h m e n t : A t t a c h m e n t 4 - P l a n n i n g B o a r d F u l l M i n u t e s 0 9 2 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes September 25, 2019 Page 2 utilities or any public use whatsoever. In fact, the City had no need to construct, repair or maintain anything, yet the City Council reserved a temporary construction easement. At the August 14th meeting, the City Attorney stated that the City may decide to give only some of the sticks back and hold onto others for some type of public use, but that was not his experience. In his case, the temporary construction easement on his property was reserved specifically for a private developer. The City Council never passed a Resolution of Intent to Vacate, and the temporary construction easement was not a condition to the street vacation. There were no conditions and the easement was forced on him against his will. He never granted the easement, and no easement was recorded at Snohomish County. The City Council even tied the life of the easement to the private developer’s preliminary plat approval (5 years). Mr. Reidy said he has researched the issue for over 10 years and is very confident that Edmonds is the only City in the history of the United States to ever perform the act of establishing a public temporary construction easement solely for a private developer’s use. The private developer never even used the easement. Despite this, City staff issued multiple code enforcement orders requiring him to remove portions of his building so that it was setback 5 feet from the temporary construction easement. Although temporary construction easements have nothing to do with where setbacks are measured from, the City did it anyway. Mr. Reidy said the situation got even worse. During the City’s code enforcement efforts, staff discussed an ordinance that could have grandfathered his setbacks. They knew that under Ordinance No 3696, specific to his actual building,“Setbacks will be grandfathered by Planning if, at minimum, a letter from neighbor states it was there prior to 1981.” (Note: Mr. Reidy will submit a copy of the related staff notes when he emails a copy of his public comments to the City staff.) He commented that City staff chose not to tell him or the Hearing Examiner that Ordinance No. 3696 applied to his building. He said that a neighbor signed a statement under penalty of perjury that he had seen his building in 1968, but even that didn’t stop the City. He now has a 12.5-foot setback where only a 5-foot setback is normally required. In his case, no setback at all was required because his setbacks were grandfathered. Mr. Reidy said he is trying to do everything possible to prevent something like what happened to his family from happening to another Edmonds property owner in the future. His hope is that the horrible treatment he experienced can lead to something good—a better appreciation of servient estate rights and consideration of such rights in City code. He asked that the Board use care when reviewing the street vacation amendments initiated by the City Attorney, who made it very clear that he believes his responsibility is to advance the interest of the City and not individual property owners. He questioned why the City Attorney and staff was allowed more than a year to work on the proposed amendments before the public was allowed to see what they were doing. He expressed his belief that everyone’s motivation should be to have a Street Vacation Code that is fair and works well for the City and property owners—a code that allows the City to provide a high level of service to the public. He said he believes the current Street Vacation Code is far better than much of City code, but he agreed it would be better if the appraisal requirement was moved to a later stage in the process. Mr. Reidy suggested it would be wise to specifically prohibit conditions that require property owners to grant easements to third parties. This should not be necessary because State Law only allows the City to retain, but he raises the issue because of the City’s past behavior. He explained that a principle that underlies the use of all easements is that the owner of the easement cannot materially increase the burden of the servient estate or impose thereon a new and additional burden. He expressed his belief that this principle is the main reason RCW 35.79.030 uses the word “retain.” As it relates to utilities, he suggested it is best to do what the code allows, which is to reserve for the City any easements or rights needed for the construction, repair and maintenance of public utilities and services. He questioned why third-party utility companies should be granted rights superior to what they have under their franchise contracts. Mr. Reidy observed that the proposed provision for a 25-year step up to full market value compensation is a great example of an arbitrary law. He questioned what 25 years has to do with anything related to unopened easements. He said it doesn’t make sense that compensation for the vacation of an unopened easement should double overnight at the 25-year mark. He emphasized that there is a clear need to consider whether the Street Vacation Code should be different for opened versus unopened easements. Mr. Reidy commented that State Law allows compensation for easements, but such is permissive. That means it is option, not required. Because Edmonds is a Home Rule Code City, the broad powers afforded it allows the City Council to adopt a policy that it will not sell or bargain legislation as a means of obtaining revenue. He asked the Board to appreciate that no 9.3.d Packet Pg. 643 At t a c h m e n t : A t t a c h m e n t 4 - P l a n n i n g B o a r d F u l l M i n u t e s 0 9 2 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes September 25, 2019 Page 3 sticks are transferred back to the fee title owner when an easement is vacated. What the City gets is an easement, and a fee title owner does not need that easement transferred back to him because he doesn’t need an easement to use his own land. Mr. Reidy suggested the City Council adopt policy that the City does not charge compensation when streets and alleys that are no longer needed for public use are vacated. He noted that compensation has not been required on many occasions in the past, and the City should adopt a policy that makes that precedent the consistent standard practice. After all, the City never paid a penny for the easements when they were dedicated. He noted that the general public often has no legal standing when it comes to street vacations. He questioned why those with no legal standing should benefit from the City demanding and receiving payment for its legislative act. If that is too big a step, he suggested the City Council could simply use its broad powers to leave the either/or policy in place as it has been for many years. At least property owners required to grant utility easements to the City would not have to also pay compensation. DEVELOPMENT SERVICES DIRECTOR REPORT TO PLANNING BOARD Chair Cheung referred the Board to the Development Services Director’s Report that was provided in the packet. There were no comments or questions from the Board. AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) 20.70 (NEW 18.55) – STREET VACATIONS Ms. McConnell reviewed that the proposed amendments were presented to the Board previously, once as an introduction and again as a public hearing. She explained that the proposed amendments are intended to address the following: • Reorganize and clarify various code sections and add a definition section to make the process and requirements clearer. • Revise the appraisal process and the timing for appraisal submittals. • Revise the applicability of the monetary compensation piece of the code. • Revise the timeframe to satisfy the conditions placed on the Resolution of Intent to Vacate. • Move the Street Vacation Code from Title 20 to Title 18, which is the Public Works section of the code. Ms. McConnell reviewed that, at the public hearing, different aspects of the code were discussed in detail, and the Board asked staff to come back with optional code language related to five specific items. She advised that the Staff Report includes both a red-lined and clean version of the proposed amendments. It also includes a table that lists each of the items and outlines the existing code language, a summary of the issue, staff’s recommendation and optional language for the Board to consider. Board Member Monroe asked how the Board’s recommendation would be presented to the City Council. Would all of the options considered (staff recommendation and all Planning Board options) be presented? Ms. McConnell answered that both the staff recommendation and Planning Board recommendation would be presented to the City Council. Mr. Chave added that the full record of the Board’s discussions, including staff’s recommendations, is always attached to recommendations that are forwarded to the City Council. Ms. McConnell presented each of the items to the Board. The Board discussed each one and took action as follows: • Item 1 – Monetary Compensation and/or Easement. The existing code allows the City to either accept monetary compensation or an easement. Revised Code of Washington (RCW) 35.79.030 allows the City to receive compensation and retain an easement or the right to exercise and grant easements in respect to the vacated land. Staff is proposing a right to reserve easements and the ability to accept monetary compensation. In addition, language was added to the proposed code that states that “the appraisal shall take into account any reduction in fair market value associated with the conditions imposed on the Resolution of Intent to Vacate.” For example, if an easement is reserved, it could bring lesser value to the property. Option 1 would be consistent with the existing code and limit conditions to either monetary compensation or a grant of an easement to the City in exchange for the vacated easement. Option 2 would also be consistent with the existing code and limit conditions to either monetary 9.3.d Packet Pg. 644 At t a c h m e n t : A t t a c h m e n t 4 - P l a n n i n g B o a r d F u l l M i n u t e s 0 9 2 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes September 25, 2019 Page 4 compensation or a grant of easement to the City or a third party in exchange for the vacated easement, provided that any grant of an easement to a third party must be for access or utility purposes. Board Member Pence asked the rationale and public policy purpose behind the current either/or provision. While it provides a lot of compensation potential in some respects, compensation would be zero if there is any type of utility on the ground. City Attorney Taraday said he does not know the rationale behind the provision. He said it doesn’t make sense that any retained easement would zero out the value of the property being vacated. That is why staff is recommending that the either/or provision be changed. Board Member Monroe questioned why a property owner should be required to compensate the City for an easement that it no longer has a purpose for. The land belongs to the property owner, first and foremost, and the City needs to prove a use for it. If it cannot prove that use, the easement should default back to the property owner and the City wouldn’t be damaged at all. Vice Chair Robles asked what the term “utility purposes” encompasses. Ms. McConnell responded that when a utility easement is retained in a street vacation it is because there is an existing utility. The City does not reserve easements for future utilities to be there. In the vacation process, the City chooses not to ignore the fact that there are other utilities that exist within the area, whether they be City utilities or third-party utilities. In practice, the City has required easements to be retained for specific utilities as a condition of the Resolution of the Intent to Vacate. Vice Chair Robles asked what recourse a property owner would have if something new happens within an easement that he/she doesn’t approve of or want. Ms. McConnell clarified that the City would not retain easements for something in the future, and the underlying property owner should already know what exists on the property well in advance of a street vacation application going before the City Council. When a property owner comes forward with a potential street vacation application, staff discusses the existing conditions on the site and requires them to contact utility companies for more specific information about existing utilities within the easement. Board Member Monroe clarified that easements would only be reserved for existing utilities and not proposed utilities. Ms. McConnell agreed, but with some exceptions. For example, the City might have a capital project that requires the future use of a right-of-way. These things are looked at early in the review of a street vacation application to determine if a street vacation would make sense from a public perspective. If it is deemed feasible, the City would then identify the types of easements needed to uphold public needs for that land. Board Member Crank asked if Edmonds is the only jurisdiction statewide that has an either/or provision for street vacations. Ms. McConnell responded that a review was done of a handful of local jurisdictions, which found that the City of Edmonds is the only one that has an either/or provision. Staff did not review all jurisdictions within the State. Board Member Crank observed that, sometimes, being the only one isn’t necessarily bad. She asked staff to explain how the proposed amendment to require both compensation and the reservation of easements would be better. Ms. McConnell responded that State Law allows for reservation of easements and monetary compensation, and the proposed amendment would be consistent with State Law. The either/or provision limits the City’s ability with regard to public lands. Chair Cheung asked if staff’s review looked at whether or not the other jurisdictions previously had either/or clauses but then changed them at some point. City Attorney Taraday answered that they looked at current street vacation codes from several cities that were considered relevant comparisons, but they didn’t go back to previous versions. Chair Cheung asked if any jurisdictions have switched from requiring both compensation and reservation of easements to an either/or provision. City Attorney Taraday said he does not know of any, and he hasn’t seen any indication that this would be a potential trend. In his opinion, the absence of other cities’ company suggests that the either/or clause is an oddity in the City’s code that could be dispensed with. However, he acknowledged there are instances where the City does things its own way. Vice Chair Robles voiced concern that there seems to be a roadblock that nothing new can happen in the City unless it has been done somewhere else first. City Attorney Taraday noted that there are other aspects of the proposed amendments that, if approved, would be outliers. He cautioned against taking the position that the City can’t ever be 9.3.d Packet Pg. 645 At t a c h m e n t : A t t a c h m e n t 4 - P l a n n i n g B o a r d F u l l M i n u t e s 0 9 2 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes September 25, 2019 Page 5 an outlier. However, if the City is going to be an outlier, it should be able to articulate reasons for it. In this case, he is unable to do so. Board Member Monroe said he sees Edmonds as being primarily built out, and all of the necessary easements have already been identified. He suggested that it is time to give unnecessary easements back to the land owners. They should make it easier for property owners to regain ownership and get the land back on the taxable roles. The either/or language would be the easiest way to do that, and it would allow the City to get out of the business of holding a bunch of unopened rights-of-way. City Attorney Taraday agreed this is a fair policy question, and the Board should feel free to disagree with his opinion on the matter. The City could adopt a blanket rule that it is no longer going to accept compensation for street vacations, period. If they don’t need them, they will give them away for free. However, he is not recommending this policy choice because he believes it is important for the City to maximize its resources so the value can be spent on other goods and services that benefit the public. City Attorney Taraday said that, in his opinion, the either/or language unfairly treats one street vacation applicant from another. For example, one applicant, by virtue of the fact that the City needs to retain an easement, would get his/her property for free, and another applicant, by virtue of the fact that the City doesn’t need an easement, would have to pay. That seems unfair to him. One of the goals of the proposal is to treat all street vacation applicants fairly. The City Council could adopt a policy that all of the unnecessary street vacations would be given away for free, and that would treat all applications fairly. However, the either/or language would not accomplish this goal. Vice Chair Robles asked City Attorney Taraday to explain maximizing social value versus optimizing social value. City Attorney Taraday said that, from his perspective, easements are valuable property rights that are controlled by the City. The City doesn’t ordinarily give things away for free. If the City requires fair market value for these valuable rights, the money can be used for other transportation-related purposes that benefit the public. Board Member Crank said she would support Planning Board Option 1. She observed that staff’s recommendation to require both monetary compensation and the reservation of easement is prompting a lot of unnecessary questions and confusion. Board Member Monroe voiced support for the either/or language (Option 1). It hasn’t been a problem in the past, and he doesn’t see a reason to change it. The role of the City is to serve its citizens and not to optimize its value from citizens. The price of land continues to increase, and it does not behoove the City to make street vacations too difficult. As long as the City can retain its rights and there is an encumbrance on the land that allows for the City’s needs, both the City and the property owner should be made whole. Board Member Pence said he can’t see where one pipe in the ground should zero out the City’s ability to require compensation. The City Council outlined the inequities that would exist between two equivalent property acquirers. The one with the pipe in the ground would get the property for free and the one without the pipe in the ground would pay the full amount. That is a fundamental unfairness. He suggested that the value of the retained easement could be and would be accommodated in the appraisal process. Appraisers are trained to examine properties and come up with a monetary value, and that would be the fair way to go, setting aside the issue of more or less revenue to the City. He said he supports the staff recommendation. Chair Cheung said he understands the argument for capitalizing on the monetary value of the rights-of-way. On the other hand, if the City doesn’t have a need for a particular right-of-way, perhaps the policy should be to use it or give it away. Board Member Rosen commented that all land has value, regardless of how it was acquired. He is having a hard time with the idea of simply giving City land away without compensation. In some cases, rights-of-way have significant value. Board Member Robles agreed that the land has value, but the appraisal and assessment components included in the draft amendment help address the concerns. He doesn’t believe it is absolutely necessary to change the language, and he would be inclined to stick with the current either/or policy. 9.3.d Packet Pg. 646 At t a c h m e n t : A t t a c h m e n t 4 - P l a n n i n g B o a r d F u l l M i n u t e s 0 9 2 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes September 25, 2019 Page 6 Board Member Pence suggested that the Board is mixing up the issues. The question is not whether or not a proposed vacation involves a value to the City. The question is, does that value, whatever it is, suddenly turn to zero just because there is a pipe left in the ground and the City retains an easement to maintain that pipe. You can argue how big the compensation should be based on an appraisal, but he hasn’t heard an adequate explanation that would allow him to get from whatever that number is to zero merely because there’s a pipe in the ground. Board Member Monroe suggested the Board recommend Option 1, which would leave both options on the table for City Council discussion. If they simply go with the staff recommendation, then the alternative option may not even be considered by the City Council. Chair Cheung commented that the City Council would see both options, whether the Board recommends Option 1 or the staff recommendation. He said he doesn’t have a strong inclination to support either option at this time. Vice Chair Robles agreed and said he would fall back on what has been tried and experienced by the citizens the Board represents. Again, Board Member Monroe expressed his belief that the either/or language is the right way to go. If the City is damaged, they should be compensated. If they can retain the necessary easements and setbacks, they shouldn’t be able to collect compensation money, as well. Board Member Pence reminded him that the value of any easement would be accounted for in the appraisal. Board Member Monroe commented that the either/or provision has worked well for a number of years, and he can’t see a reason to change it now. VICE CHAIR ROBLES MOVED THAT THE BOARD RECOMMEND OPTION 1 FOR ITEM 1. BOARD MEMBER MONROE SECONDED THE MOTION, WHICH CARRIED 3-1-1, WITH BOARD MEMBER PENCE VOTING IN OPPOSITION AND CHAIR CHEUNG ABSTAINING. • Item 2 – Monetary Compensation – Fair Market Value/Dollar Amount. The existing code requires that monetary compensation be paid to the City “in the amount of up to one-half the fair market value for the street, alley, or part thereof to be vacated unless acquired at “public expense” then full appraised value shall be paid.” To be consistent with State Law, staff is proposing the following language, “Payment to the City, prior to the effective date of the ordinance, in an amount of up to one-half the fair market value for the subject property unless the subject property was acquired at “public expense” or has been part of a dedicated public right-of-way for 25 years or more, in which case full fair market value shall be paid.” She advised that the Planning Board did not request staff to provide alternative language for this item. Board Member Monroe asked staff to explain why they are proposing the change. Mr. Lien responded that when the City’s Street Vacation Ordinance No. 2493 was originally passed in 1985, it was consistent with the State Law in place at the time. The legislature later amended State Law in 2001 to add the language related to property that is acquired at public expense or dedicated public right-of-way for 25 years or more, and subsequent updates of the City code failed to bring this section into concurrence with the updated State Law. City Attorney Taraday said the intent of this amendment is to conform City code to State Law. Board Member Monroe commented that it would be helpful to understand why the State Law was changed. City Attorney Taraday responded that he doesn’t know why the State Law was changed. Board Member Monroe suggested that perhaps the reasoning was that if the City purchases a piece of property at full public expense, it should get full price when it is sold back. City Attorney Taraday agreed that might have been the reasoning behind the phrase, “unless the subject property was acquired at “public expense.” However, the language, “or has been part of a dedicated public right-of-way for 25 years or more,” could apply to a case where the City didn’t pay anything. Board Member Monroe suggested that the phrase, “or has been part of a dedicated public right-of-way for 25 years or more” should be deleted from the staff’s recommended language. Board Member Pence observed that the purpose of the public expense caveat is to distinguish between rights-of-way that were dedicated to the City when subdivisions were platted and rights-of-way the City had to pay to acquire in order to build a street. In the case of subdivisions, the rights-of-way were gifted to the City as part of an approved subdivision. The City didn’t pay anything for them. However, when the City needed to acquire rights-of-way to build streets, it had to condemn properties and pay full market value, and that’s a public expense. City Attorney 9.3.d Packet Pg. 647 At t a c h m e n t : A t t a c h m e n t 4 - P l a n n i n g B o a r d F u l l M i n u t e s 0 9 2 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes September 25, 2019 Page 7 Taraday agreed with this distinction, but said it is still not clear why State Law treats public expense acquisitions the same as dedications of 25 years or more. City Attorney Taraday said that, when preparing the proposed amendment, he didn’t focus on the “why” part because his perspective isn’t to delve too deeply into why that particular law was changed by the legislature. His responsibility is to maximize the public’s value. Board Member Pence commented that, having worked for the legislature earlier in his life, the 25-year provision has the look and feel of a number plucked out of the air or some handshake between interests. At some point, he would like to make a distinction between unopened alleys and public rights-of-way that have been improved and put into use to provide public access. He took issue with the City requiring compensation for vacating unopened alleys that have never provided any public access or benefit. Vice Chair Robles voiced concern about applying fair market value, and questioned if a market of two could ever be fair. Unless anyone can bid on the easement property, it won’t be possible to identify fair market. He suggested the best way to resolve this concern would be to specify the appraiser as being a licensed appraiser, and hopefully, a market will be created for appraisers that specialize in easements. He would like to see fair market articulated in either the selection of the appraisers or the way the process flows. Board Member Rosen asked if the current language would lock street vacations to just adjacent property owners. City Attorney Taraday explained that for each proposed vacation, there is an underlying fee owner that is a known person or entity. The title, upon vacation, will always go to the underlying fee owner. When dealing with appraisals, the question isn’t whether one person can outbid another person. The question is, how much, if anything, the underlying fee owner should pay to have those valuable property rights titled in their name. Board Member Rosen asked what happens if the City decides to vacate an easement, but none of the adjacent property owners want to pay for the land. City Attorney Taraday answered that, if it was a City-initiated vacation with the finding that the public benefit accruing from the vacation alone is sufficient, no compensation would be required. He said council-initiated street vacations are rare, and he would assume the City Council would only do so if it would provide a public benefit. If a petitioner initiates a vacation, it is presumed the petitioner is interested in the value of the property. Chair Cheung asked if staff has a rough estimate of what the fair market value of an easement might be. Mr. Lien provided a history of past vacation ordinances approved by the City (See Attachment 5 of the Staff Report): o Ordinance No. 3188 was initiated by the City in 1998. The City Council found that the public benefit be derived from the vacation outweighed the need for requiring compensation. o Ordinance No. 3189 was initiated by the City in 1998. The vacated right-of-way was adjacent to the cemetery and was vacated to support the construction of the columbarium. o Ordinance Nos. 3197 through 3208 were initiated by the City in 1998 at the urging of the City Engineer. They were all located in the Meadowdale area and most contained slopes in excess of 40%. No compensation was required for any the vacations due to the public benefits derived. The easements were rights-of-way the City did not want and had no plans to develop into streets. o Ordinance No. 3255 was privately initiated in 1999. The vacation would have allowed one additional building lot with a value ranging from $30,000 to $65,000. However, the abutting property owners agreed to waive the subdivision rights created by the vacation via a covenant recorded with the ordinance. The City Council reduced the required value to $3,562. o Ordinance No. 3260 was privately initiated in 1999, and the City received compensation equal to half of the appraised value. o Ordinance No. 3463 was initiated by both the City and a private citizen in 2003. It appeared to be a cleanup of a past vacation that should have happened with a subdivision in 1987. The City Council considered three compensation options: 1) using the current (2003) land valuation for a total of $31,050, 2) using the 1993 assessed valuation (when the current property owner purchased the property for a total of $18,468; or 3) using the original 1987 calculation for a total of $5,454. Since it appeared to be a City oversight that the vacation did not occur, the Council chose the 1987 valuation. 9.3.d Packet Pg. 648 At t a c h m e n t : A t t a c h m e n t 4 - P l a n n i n g B o a r d F u l l M i n u t e s 0 9 2 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes September 25, 2019 Page 8 o Ordinance No. 3470 was initiated by the City in 2003. The City had sold the adjacent property at 805 Bowdoin Way as surplus. As part of the sale, the City indicated it would vacate the right-of-way. It was determined that adequate compensation was received from the sale of the property and no additional compensation was required for the right-of-way. o Ordinance No. 3520 was initiated by the City in 2004. This vacation appeared to be a cleanup of some license agreement from 1973. One-half of the appraised value would have been $8,000, but the City Council accepted the reduced payment because the subject property was burdened with access rights, the prior property owner refused to purchase the site, returning the property to the tax rolls would compensate the City through additional tax revenue, and the owners would occur additional costs. o Ordinance No. 3543 was initiated by a private citizen in 2005. The City received half of the appraised value ($3,750) for the right-of-way that was vacated. o Ordinance No. 3551 was initiated by a private citizen in 2005. The City received half of the appraised value ($62,500) for the right-of-way that was vacated. o Ordinance No. 3565 was initiated by a private citizen in 2005. The City received half of the appraised value ($67,731) for the right-of-way that was vacated. o Ordinance No. 3647 was initiated by a private citizen in 2007. The fair market value of the property was appraised at $22,500. The City Council reduced the compensation below 50% to reflect the costs associated with obtaining an appraisal and the other associated costs of the vacation process, as well as the required lot line adjustment and the cost of tree removal. A compensation of $7,500 was required. o Ordinance No. 3662 was privately initiated in 2007. A compensation of $1,400 was required, which was more than half of the appraised value that was submitted with the application. Two appraisals were submitted. The first had an assumed value of $1,350 and another appraisal was for $1,620. The appraisals were based on the differential values of similarly-sized and valued properties. The City Council did not feel that the appraisals appropriately reflected the value of the property. The applicant had offered to pay the City $1,400 for the vacated right-of-way, and the City Council accepted that offer as adequate compensation. o Ordinance No. 3729 was initiated by the City Council in 2008. This is the vacation referred to by Mr. Reidy during his comments. o Ordinance No. 4028 was initiated by the City Council in 2016 after the City acquired Civic Field from the school district. Because the City was the property owner, no compensation or easements were required as part of the vacation. o Ordinance No. 4061 was privately initiated in 2017. The City received compensation of $92,610, which was half of the appraised value. The property was zoned multifamily, and the vacated property would give the owner more square footage to develop more units. o Ordinance No. 4114 was privately initiated in 2018. The required compensation was $28,800 or half of the appraised value. o Ordinance No. 4143 was privately initiated in 2019 and no compensation was required because the City retained easements. Mr. Lien summarized that the value of the appraisal and required compensation depends on the size of the property, the zone it is located in, and other circumstances that vary site-by-site. Vice Chair Robles said it makes sense that negotiations happen between the City and private parties. If a developer needs additional land in order to increase the number of units, the City should be compensated appropriately. He said a fair market is defined as something where both sides have the same information and there is no asymmetric information. The minute the City places constraints on who can do an appraisal, the results are stacked in favor of one side or the other and the appraisal can no longer be considered fair market. He asked if it is too expensive to continue the City’s current process or is the amendment intended to streamline the negotiation process and make it more uniform. City Attorney Taraday said the idea behind wanting to limit which appraisers can be used is to create some uniformity and fairness between one street vacation petitioner and another. Historically, applicants have simply submitted an appraisal as part of the vacation application. Sometimes the appraisals are straight up and fair, but other times applicants present appraisals that appear result-oriented and low. He is concerned that some parties will take advantage if the City leaves it completely to the discretion of the applicant to select the appraiser. There will be some disparity in how fairly street vacation applicants are treated. The optional language provided by staff would 9.3.d Packet Pg. 649 At t a c h m e n t : A t t a c h m e n t 4 - P l a n n i n g B o a r d F u l l M i n u t e s 0 9 2 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes September 25, 2019 Page 9 allow the City to provide an extensive list of appraisers. This would provide some quality control and also allow the applicant some input on who does the appraisal. He explained that an appraiser’s primary job is to determine fair market value, and fair market value is defined as the price that a willing but not obligated buyer would pay and a willing but not obligated seller would sell. The most common way is via a comparable sales approach. Appraisers are trained to render an opinion as to what fair market value is, and the City wants to make sure it is dealing with appraisers who do it in a way that is above board. Appraisers are licensed by a Board and have different qualification designations. The main thing the City would look at when compiling the list would be whether or not an appraiser has experience with street vacation appraisals. Board Member Rosen said he leans towards Option 1, which calls for an approved list of appraisers that meet all of the qualifications. The market will decide if there is any pious going on. A frequency of certain appraisers generating more appeals than others will provide another safety net. Chair Cheung concurred and suggested that having a larger list would be better. The Board discussed that the list should include at least six appraisers. Board Member Robles asked if the compensation required would be the same for a developer who will gain enormously from a street vacation as opposed to a homeowner who just needs a corner for a detached accessory dwelling unit. City Attorney Taraday said his general understanding is that most appraisers doing this kind of work would take into account the highest and best use of the property before and after the street vacation. If a street vacation results in additional lots or units, the additional development potential would be reflected in the fair market value. Board Member Monroe asked that the phrase, “or has been part of a dedicated public right-of-way for 25 years or more” be eliminated from the proposed amendment. Since Edmonds was primarily platted and built in the 1950s and 1960s, the provision would include almost all right-of-way. He said he cannot think of a logical reason why an applicant would be required to pay double the price after the 25th year. Chair Cheung said it appears that the provision was added to be consistent with State Law, but there is no clear explanation as to where the number came from. Mr. Lien explained that, when the State legislature adopted the provision, they didn’t specifically spell out the intent. However, the testimony that was given by the City of Tacoma and the Association of Washington Cities was that allowing cities to sell vacated streets and alleys for their appraised value allows more responsible management of public access and avoids the potential gift of public lands. The law was voted out of the house 93-0 and out of the senate 40-6. City Attorney Taraday commented that Edmonds is so old that the vast majority of the streets will fall in the 25- year-and-over category. The real policy choice is whether you want to maximize market value or sell the rights-of- way for half price. The Board discussed that, if the 25-year provision is not eliminated, the majority of the City’s rights-of-way would be subject to full market value upon vacation. Board Member Monroe suggested that, at the very least, the Board should make the Council aware that accepting the staff’s recommendation would basically double the price of all street vacations. BOARD MEMBER MONROE MOVED TO RECOMMEND THE STAFF’S RECOMMENDATION FOR ITEM 2, WITH ONE MODIFICATION TO REMOVE THE PHRASE, “OR HAS BEEN PART OF A DEDICATED PUBLIC RIGHT-OF-WAY FOR 25 YEARS OR MORE.” BOARD MEMBER ROBLES SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY • Item 3 – Appraisals – Applicability and Waiver. The existing code requires an appraisal to be submitted upfront with the application, and staff is proposing clarifying language that an appraisal is not required if a utility easement only is proposed to be vacated. In response to Planning Board feedback at the last meeting, the staff recommendation was updated to include applicability and waiver sections. The applicability section states, “where the Resolution of Intent to Vacate includes a compensation requirement, an independent appraisal shall be required.” With regard to the appraisal fee, some additional language was added to state that, “for street vacations initiated by City Council, the City shall be responsible for any associated appraisal fees.” A waiver section was added that states, “the requirement for an appraisal and subsequent monetary compensation will be waived if a 9.3.d Packet Pg. 650 At t a c h m e n t : A t t a c h m e n t 4 - P l a n n i n g B o a r d F u l l M i n u t e s 0 9 2 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes September 25, 2019 Page 10 street vacation initiated by City Council by resolution includes a finding that the public benefit accruing from the vacation alone is sufficient to justify the vacation without monetary compensation to the City.” If the Planning Board determines the granting of an easement and/or substitute right-of-way negates the ability to collect monetary compensation and therefore the appraisal becomes unnecessary, then Option 1 would amend the waiver section to allow for the appraisal and monetary compensation requirement to be waived if, “a) the resolution for a City Council initiated street vacation includes a finding that the public benefit accruing from the vacation alone is sufficient to justify the vacation without any monetary compensation to the City,” and “b) the resolution conditions the street vacation upon the reservation and/or granting of a public easement or substitute public right-of-way to the City of Edmonds (or a third party).” Board Member Robles said he likes the concept of waivers. If the City is going to maximize its benefit, the public should have the rights and tools available to maximize their own benefit, as well, through a negotiation process. Board Member Monroe requested clarification of the term “third party.” Does it refer only to utilities or can private developers obtain third-party rights. Ms. McConnell said a reference was made to a recent street vacation where the school district had a storm utility pipe that ran through the property. An easement was retained for the school district as a condition of approval. The condition was placed on the vacation to address an existing utility. Board Member Monroe requested additional information about Ordinance No. 3729, which was a temporary construction easement for a street vacated for approval of a 3-lot short plat. Ms. McConnell said she wasn’t involved with this street vacation, which involved a short plat adjacent to the alley. In the process of vacating the alley, the City acknowledge that the development of the short plat was intending to utilize the alley for access to their construction project. A temporary construction easement was retained in that case for the developer to complete the improvements. Other than the circumstances surrounding Ordinance No. 3729, Board Member Monroe asked if “third party” refers to existing utilities or if the City would maintain a corridor for future utility installations. Ms. McConnell said the intention is not for third party future use, but there may be City future uses considered. Chair Cheung said he supports recommending the additional language outlined in Option 1 if the City Council adopts the Board’s recommendation to retain the either/or language (Item 1). CHAIR CHEUNG MOVED THAT THE BOAD RECOMMEND OPTION 1, WITH THE UNDERSTANDING THAT IT WOULD ONLY APPLY IF THE CITY COUNCIL ADOPTS THE PLANNING BOARDS RECOMMENDATION OF OPTION 1 FOR ITEM 1. BOARD MEMBER MONROE SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. City Attorney Taraday clarified that the Board’s recommendation for Item 3 would follow suit for whatever results with Item 1. If the City Council takes a different action on Item 1, then Option 1 for Item 3 would no longer apply. • Item 4 – Selecting an Appraiser. The existing code requires an appraisal at the time of application, and the applicant pays for and provides his/her own appraisal. The City has no regulations beyond the language that requires a qualified land appraiser with an MAI designation. Staff’s proposal states, “If the City Council adopts a Resolution of intent to Vacate the subject property, the director shall be authorized to obtain an appraisal of the fair market value of the subject property from a qualified appraiser, taking into account any reduction in fair market value associated with the conditions imposed in the Resolution of Intent, including but not limited to a condition requiring the dedication of an alternative right-of-way.” As a Planning Board Option 1, the words, “from a qualified appraiser” could be eliminated and language could be added that states, “the appraiser will be selected by the applicant from a city-approved list.” Chair Cheung asked how the City would define the term “qualified appraiser.”. Ms. McConnell said the intent is for the City to have a contract in place with an appraiser consulting firm. The process of selecting a specific consultant would involve a review of qualifications to confirm applicability and experience related to street vacations. Board Member Rosen clarified that the difference between the staff’s recommendation and Option 1 is a sole source versus 9.3.d Packet Pg. 651 At t a c h m e n t : A t t a c h m e n t 4 - P l a n n i n g B o a r d F u l l M i n u t e s 0 9 2 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes September 25, 2019 Page 11 a roster. Chair Cheung summarized that, as per the staff’s recommendation, there would only be one qualified appraiser. Under Option 1, the City would provide a list of qualified appraisers for applicants to choose from. Board Member Monroe recalled that, at the last meeting, the Board agreed that the appraisal should be moved to the end of the street vacation process rather than requiring an appraisal at the time of application. Ms. McConnell said this change was included in the proposed code amendments, but was not listed on the table because the Board was in agreement that it should be moved to a later point in the process. This change will be pointed out when the amendments are presented to the City Council. BOARD MEMBER ROSEN MOVED THAT BOARD RECOMMEND OPTION 1 FOR ITEM 4, WITH THE ADDITIONAL LANGUAGE, “NO FEWER THAN SIX.” BOARD MEMBER MONROE SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. • Item 5 – Challenging a Condition. There is no existing code language that details how an applicant may appeal a condition. Language with regard to challenging conditions imposed in the Resolution of Intent to Vacate would provide the applicant clarity on the appeal process where none is provided in the State code. It would also provide certainty to the City that the ordinance passed by the City Council would not be challenged once the vacation becomes effective. The staff recommendation includes language providing a 30-day appeal period, which is longer than the usual 21-day appeal period for land-use decisions. If the Board feels that a longer appeal period is necessary, Option 1 would add a clause to make sure that the street vacation is dealt with appropriately, depending on when an appeal comes in. The majority of the Board indicated support for an appeal period longer than 39 days, and most felt that 60 days would be a more appropriate option. BOARD MEMBR ROSEN MOVED THAT THE BOARD RECOMMEND OPTION 1 FOR ITEM 5. BOARD MEMBER MONROE SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. At the request of City Attorney Taraday, the Board confirmed that the motion includes the red text provided in the table for Item 5. REVIEW OF THE JOINT CITY COUNCIL/PLANNING BOARD MEETING Board Member Rosen reviewed the City Council’s suggestions for items the Board should add to its extended agenda. The list included: o Implementation of code update for the Urban Forest Management Plan (UFMP) o Implementation of code update for the climate goals o Implementation of code update for the Washington State Roadmap o Low-impact development code review o Five Corners code update o Sustainable construction code review o Stormwater handling code review o Identifying nonconforming buildings and areas under performing o Subdivision code review Board Member Rosen said he sensed some frustration by City Council Members who felt they had been asking for subdivision code review for several years. He suggested that the listed items should be added to the Board’s agenda, with some parameters around scheduling. The Board acknowledged that available staff time would need to be considered when scheduling the items on the extended agenda. Mr. Chave explained that some of the items will be longer term, and others shorter term. There are also pending items on the Board’s agenda that weren’t mentioned at the joint meeting. 9.3.d Packet Pg. 652 At t a c h m e n t : A t t a c h m e n t 4 - P l a n n i n g B o a r d F u l l M i n u t e s 0 9 2 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes September 25, 2019 Page 12 The Board asked staff to identify a target date for each of the items to come before the Board. Mr. Chave said staff would do their best to estimate a timeline for each of the items, but it won’t be possible to identify specific dates for all of them. He said there have been a couple of different drafts of the subdivision code, and it may be ready to present to the Board soon. Board Member Rosen said the second part of the joint meeting was focused on how the Board communicates with the City Council. The following menu of options was created: 1. The Council can review the meeting minutes or watch the video recording of the meeting. 2. A report on Planning Board activities could be included in the Development Services Director’s Report. 3. Staff can provide feedback and updates to the Council on Planning Board activities. 4. Board Members can attend City Council meetings and participate during the citizen comment period. 5. The Board can request time on the City Council’s agenda to present recommendations and/or thoughts. 6. The Council President and Planning Board Chair could meet regularly. 7. The Board could present a quarterly report to the City Council. 8. In an effort to stay informed of the housing discussions, the Council President, Planning Board Chair, Architectural Design Board Chair and Housing Commission Chair could meet regularly to collaborate. 9. Establish an ongoing method for tracking Planning Board recommendations to the City Council and actions that are taken. This would not only allow the Board to monitor its effectiveness and/or things that need feedback, but the City Council could also provide specific responses to actions that were counter to the Board’s recommendations. Board Member Rosen reviewed that it was suggested that, at the end of every meeting, the Board could identify which options they would like to use to convey the results of their discussions and actions to the City Council. He suggested that the Board start taking advantage of this opportunity as soon as possible, recognizing that Option 9 would take some time to implement. Student Representative Bryan said he doesn’t have a specific recommendation, but he could imagine the City Council would be frustrated if the Planning Board communicates in a different manner after each meeting. He suggested that consistency is important to consider. Board Member Monroe suggested that consistency should be mixed with understanding the importance of each topic. If the topic is mundane, the meeting minutes can serve that purpose. But some issues may warrant the use of some of the other options. REVIEW OF EXTENDED AGENDA Chair Cheung reviewed that the October 9th meeting agenda will include a joint discussion with the Architectural Design Board regarding their role in design review, an update on the Vision 2050 Multicounty Planning Policies, and a presentation on the 2020 – 2025 Capital Improvement and Capital Facilities Plans. The October 23rd agenda will include an update from the Housing Commission and a public hearing on the 2020 – 2025 Capital Improvement and Capital Facilities Plans. Mr. Chave announced that, at the request of the Economic Development Commission, the November 13th meeting will include a discussion about potentially adding a provision to the Commercial Waterfront Zone that allows lodging and/or hotels. Chair Cheung asked for an update about parking. Mr. Chave responded that the City Council opted not to go forward with the parking study, so it is on hold at this point. Mr. Chave agreed to work with the Parks, Recreation and Cultural Services Director to schedule a report on a future Planning Board agenda. PLANNING BOARD CHAIR COMMENTS Chair Cheung commented that the Board had a good discussion, and it was a good exercise on how to forward their thoughts to the City Council in the most effective manner. 9.3.d Packet Pg. 653 At t a c h m e n t : A t t a c h m e n t 4 - P l a n n i n g B o a r d F u l l M i n u t e s 0 9 2 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) APPROVED Planning Board Minutes September 25, 2019 Page 13 PLANNING BOARD MEMBER COMMENTS Board Member Monroe agreed that the Board’s discussion regarding the street vacation amendments was good. Vice Chair Robles commented that the City Council watches the video recordings of their meetings and reads their minutes. This invigorates him and gives the Board license to be creative. The joint meetings with the City Council are productive and helps them get to the core of the issues quickly and accurately. Board Member Pence said anything the Board can do to increase the visibility of their work is to their advantage. He said he supports having some mechanism to report to the City Council in a more visible way beyond just relying on them to read the minutes. ADJOURNMENT The Board meeting was adjourned at 9:05 p.m. 9.3.d Packet Pg. 654 At t a c h m e n t : A t t a c h m e n t 4 - P l a n n i n g B o a r d F u l l M i n u t e s 0 9 2 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds City Council Approved Minutes October 1, 2019 Page 14 journal that is more locally oriented. In their experience, this is unique a resource and knowing about it, others could use the information in other pocket estuaries. Councilmember Tibbott agreed it was a remarkable study. He referred to sediment between the east and west sides of SR104 where the flow is not great and there is some debris in the culvert. He asked to what extent that could be removed. Mr. Gouguet said they could only see what was above the water; there could be a buildup although they heard that it had been cleaned recently. Councilmember Tibbott asked if Windward did any HEA modeling of a freer flow of water east to west and the effect that would have on the health of the Marsh. Mr. Gouguet said they have an academic knowledge, comparison of water levels on either side and salinity records, but a more interpretive approach is needed to consider the variables and their effects. As he told Councilmember Nelson, they could change the amount of large woody debris and rerun the HEA or do submodel to get a relative value of the change. They also use that technique to compare value per dollar spent in actual restoration projects. It depends on input values. Councilmember Tibbott looked forward to modeling regarding what could be anticipated in 20-60 years. Councilmember Buckshnis requested the PowerPoint be sent to the Council. She volunteered to head up a taskforce along with a couple Councilmembers, Mr. Lein and Zach and a couple citizens to consider the data and develop some ideas. She reiterated WRIA 8 will fund large woody debris and there are groups who will do invasive removal. Councilmember Mesaros suggested forming a smaller group to do an analysis and make recommendations to the City Council regarding incremental steps that could be taken even before Willow Creek is daylighted. Mayor Earling declared a brief recess. 9. STUDY ITEMS 1. INTRODUCTION TO STREET VACATION CODE UPDATE Engineering Program Manager Jeanne McConnell reviewed ECDC 20.70 - Street Vacations  Code Update Goals o Move to Title 18 – Public Works o Clarify, reorganize, add definitions section o Revise appraisal process and timing o Revise applicability of monetary compensation o Revise timeframe to satisfy conditions  Substantive code changes o Move from Title 20 to Title 18 o Change in review lead from planning division to public works division o 18.55.005 Definitions – new section o 18.55.015.D Application – revised to reflect what’s actually needed o 18.55.030 – Added right to reserve easements for pedestrian walkways or trails o 18.55.XXX – Added appraisal section to address timing of appraisal and collection of fees for 3rd party appraisal o 18.55.140 – Section added to clarify processing of street vacations, allowing ordinance to address timing of compliance with conditions, establishing compensation of area to be vacated based on appraisal, and giving Council the ability to not adopt a vacation ordinance based on review of the appraisal.  What is a street dedication? 9.3.e Packet Pg. 655 At t a c h m e n t : A t t a c h m e n t 5 - C i t y C o u n c i l m i n u t e s 1 0 0 1 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds City Council Approved Minutes October 1, 2019 Page 15 o A dedication is a transfer of most of the rights in a privately owned property to the public for some public use, such as for streets. o A street dedication (or dedication of right-of-way) occurs commonly as a condition of subdivision approval. o Definition of dedication: “The donation of land or creation of an easement for public use.” DEDICATION, Black’s Law Dictionary (11th ed. 2019) o A street “vacation” means that the public is letting go of, or “vacating”, the public interest in a property. o After a street, alley or easement (pedestrian and/or vehicular) is vacated, the public no longer has a right to use the property for access. o Initiated by petition of property owners or City Council o RCW 35.79.040 – Title to vacated street or alley. If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one-half to each.  Appraisal RCW 35.79.030: o States the ordinance may provide that the vacation shall not become effective until the owners of property abutting upon the street or alley compensate the city or town an amount equal to one-half or the full amount of the appraised value of the area vacated. Existing code: o Appraisal is a minimum application requirement o Appraiser selected by applicant Proposed code: o Appraisal required after staff review and Council approval of resolution of intent to vacate o 3rd party appraiser selected by City o Waiver if Council initiated vacation includes a finding that public benefit accruing from the vacation alone is sufficient to justify vacation without monetary compensation. Planning Board Recommendation: o 3rd party appraiser selected by the applicant from a City approved list… o Planning Board Recommendation o Agreed with staff recommendation except for 3rd party appraiser selected by the applicant from a City approved list  Monetary Compensation RCW 35.79.030: o Provides two options by which owners of property abutting the area to be vacated shall compensate the city of town:  An amount equal to one-half the appraised value of the area so vacated; or  An amount not to exceed the full appraised value. (This a pplies if the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense) Existing code: o Monetary compensation OR reservation of easement to the City Proposed code: o Monetary compensation and allowance for reservation of easements o The amount of compensation to match the language in the RCW Planning Board recommendation o Keep with existing code – monetary compensation OR reservation of easement to the City o The amount of compensation to match RCW except for the that portion related to a ROW dedicated for twenty five years or more.  Compliance with Conditions and Challenging a Condition Existing code: 9.3.e Packet Pg. 656 At t a c h m e n t : A t t a c h m e n t 5 - C i t y C o u n c i l m i n u t e s 1 0 0 1 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds City Council Approved Minutes October 1, 2019 Page 16 o Conditions must be met within 90-days of approval of resolution of intent to vacate Proposed code: o Compliance within 90-days unless otherwise stated in the resolution o Language clarifying the appeal process. o 30 day appeal period following the adoption of the resolution of intent (longer than the appeal period for land use decisions is 21-days (RCW 36.70C.040) Planning Board recommendation o 60 day appeal period o Includes clarifying language as to what happens if the appeal comes before or after a Council decision on the street vacation  Code Update Schedule o July 9, 2019 – Introduction at City Council Planning, Public Safety and Personnel Committee o July 10, 2019 – Introduction to Planning Board o August 14, 2019 – Public Hearing at Planning Board o September 25, 2019 – Planning Board (Review Options) o October 1st – Introduction at City Council o October 15th – Public Hearing at City Council Councilmember Buckshnis commented there are lot of code updates to do. She observed there had only been one street vacations per year in 2016, 2017, 2018 and 2019 and asked why it was decided to rewrite this part of the code now. Ms. McConnell answered in processing street vacations, staff found opportunities such as moving the appraisal requirement later in process, and other things that can benefit the applicant in the process and potentially save them money. The code also included language requiring copies of certain documents or transparencies that no longer make sense. In addition, this section was inconsistent with State law in some areas, which could open the opportunity for reservation of easement as well as monetary compensation and leave determining the value to the appraisal process. Councilmember Buckshnis commented the proposal was to remove it from Chapter 20 and put it into 18. If there has only been one per year for the past four years, she questioned rewriting the entire code. She observed the Planning Board did have an issue with the timing of the appraisal in process. Ms. McConnell said the items highlighted in the presentation were items discussed in more detail at the Planning Board. Each slide states includes the proposed code and the Planning Board’s recommendation. The Council packet includes a clean version of the code, color-coded to identify staff and Planning Board recommendations. Councilmember Buckshnis commented there is so much code to rewrite, why was this being done now. City Attorney Jeff Taraday said this chapter was more isolated from the rest of the code compared to the land use code which is very intertwined. It was easier to draft revisions and move it through the process because it is a standalone chapter. That may be one of the reasons it is happening on a different track. Councilmember Tibbott commented it is a very detailed packet with a lot to read. He agreed with some of the Planning Board’s recommendations but not all, one of which was the e ither/or argument (monetary compensation or reservation of easement to the City). He could see the City resolving to vacate a piece of land that has an easement and because it has an easement, the appraisal will reflect a lower price. In his view it was not either/or, but what the market will bear for a piece of property that has an easement so he agreed with staff’s recommendation. Ms. McConnell said State law does not require either/or, it is open to both monetary compensation and acceptance of an easement. Councilmember Tibbott agreed with the Planning Board with regard to appraisers, finding it appropriate for the purchaser to choose an appraiser and to have a list of six appraisers assuming that number of qualified appraisers existed in the area. He was concerned about the length of the review process, beyond 30 days becomes unwieldy. It appeared the resolution could stipulate 40 days instead of 30 days. Ms. 9.3.e Packet Pg. 657 At t a c h m e n t : A t t a c h m e n t 5 - C i t y C o u n c i l m i n u t e s 1 0 0 1 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds City Council Approved Minutes October 1, 2019 Page 17 McConnell said there is a timeline of 90 days unless otherwise stated in the resolution of intent to satisfy the conditions. The 30 days is the appeal period. Staff’s recommendation is a 30 day appeal period; the Planning Board’s recommendation is 60 days. Councilmember Tibbott was concerned with delays. Councilmember Tibbott relayed his understanding there were times when it was financially beneficial to the City to vacate a parcel and in those cases the City would not require compensation. He asked how often that happened and under what circumstances. Environmental Program Manager Kernen Lien answered the packet includes a review of vacations back to 1998 which includes several instances where the City initiated the vacation and did not require compensation. For example, there were a large number of vacations initiated in 1998 in the North Meadowdale Landslide Area, very steep slopes that would never be developed with a road. The City initiated the vacations and determined it was beneficial to turn the property back to the adjacent property owners. There were other instances where the City initiated vacations that were beneficial to the City. Councilmember Johnson asked staff to include the PowerPoint in the October 15 packet. Councilmember Teitzel referred to the proposal regarding monetary compensation which means the City would retain the easement as well as require compensation from the applicant, observing under the current code, if the City retains an easement, compensation is not required. There is a p ublic benefit to taxpayers from this amendment because today the City cannot collect compensation. Ms. McConnel agreed. Councilmember Teitzel said one of the reasons for making this change is the City is foregoing potential income that could be used for other purposes. Council President Fraley-Monillas observed vacations had only occurred four times in last four years. She asked about difficulties when citizens inquired about vacations. Ms. McConnell said the current code is cumbersome and requires materials that staff does not need to process the application, requires an appraisal upfront in the process when there may be a reduction in the value based on an easement being retained and it is too early in the process for an appraisal. When discussing a street vacation with applicants using the code as a resource, staff has identified ways to improve it. Council President Fraley-Monillas asked if citizens have ever walked away after inquiring about a street vacation. Ms. McConnell answered yes, sometimes it is understanding what is required in street vacation, sometimes it is a more cumbersome process than the citizen thought as well as the current process with the appraisal upfront that does not give consideration to the possible reduction in value due to an easement. Council President Fraley-Monillas asked how moving from Chapter 20 to 18 would affect reporting, who will manage street vacations. Ms. McConnell answered Engineering is in Public Works; the bulk of the review for street vacations is done by Public Works and Engineering. Planners are an integral part as they are much more familiar with public notification process and bringing items to boards and Council. Council President Fraley-Monillas relayed her understanding the Planning Department would still have input. Ms. McConnell answered yes, that is how street vacations are currently handled although that is not how it is described in the code. Councilmember Buckshnis observed Chapter 20 is review criteria and procedures and Chapter 18 is Public Works. She questioned why the regulations were not being left in Chapter 20. Mr. Taraday answered it is not a land use decision; it is a substantively different type decision than most other things in Title 20. In his opinion it did not legally belong in Title 20. For example, if one were to appeal something in Title 20, it is appealable under the Land Use Petition Act (LUPA); this would not be appealed under LUPA because it is not a land use decision. 2. SECURITIZATION REQUIREMENT FOR EDMONDS SENIOR CENTER GRANTS FROM THE STATE OF WASHINGTON 9.3.e Packet Pg. 658 At t a c h m e n t : A t t a c h m e n t 5 - C i t y C o u n c i l m i n u t e s 1 0 0 1 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds City Council Approved Minutes October 15, 2019 Page 3 6. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF OCTOBER 8, 2019 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 3. ACKNOWLEDGMENT OF CLAIM FOR DAMAGES 4. AUGUST 2019 MONTHLY FINANCIAL REPORT 5. PROPOSED 2020 BUDGET FOLLOW UP MEMO 6. ILA VERDANT HEALTH COMMISSION -OUTDOOR FITNESS ZONES AMENDMENT 7. MARSH BOARDWALK EASEMENT 8. HYUNDAI PEDESTRIAN EASEMENT 9. LYNNWOOD MAZDA PEDESTRIAN EASEMENT 10. CITYWIDE PEDESTRIAN ENHANCEMENTS PROJECT -EASEMENTS 7. PUBLIC HEARING 1. PUBLIC HEARING ON STREET VACATION CODE UPDATE Engineering Program Manager Jeanie McConnell reviewed ECDC 20.70 - Street Vacations:  Code Update Goals o Move to Title 18 – Public Works o Clarify, reorganize, add definitions section o Revise appraisal process and timing o Revise applicability of monetary compensation o Revise timeframe to satisfy conditions o Consistency with RCW 35.79.030  Substantive code changes o Move from Title 20 to Title 18 o Change in review lead from planning division to public works division o 18.55.005 Definitions – new section o 18.55.015.D Application – revised to reflect what’s actually needed o 18.55.030 – Added right to reserve easements for pedestrian walkways or trails o 18.55.XXX – Added appraisal section to address timing of appraisal and collection of fees for 3rd party appraisal o 18.55.140 – Section added to clarify processing of street vacations, allowing ordinance to address timing of compliance with conditions, establishing compensation of area to be vacated based on appraisal, and giving Council the ability to not adopt a vacation ordinance based on review of the appraisal.  What is a street dedication? 9.3.f Packet Pg. 659 At t a c h m e n t : A t t a c h m e n t 6 - C i t y C o u n c i l P H C o u n c i l M i n u t e s 1 0 1 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds City Council Approved Minutes October 15, 2019 Page 4 o A dedication is a transfer of most of the rights in a privately owned property to the public for some public use, such as for streets. o A street dedication (or dedication of right-of-way) occurs commonly as a condition of subdivision approval. o Definition of dedication: “The donation of land or creation of an easement for public use.” DEDICATION, Black’s Law Dictionary (11th ed. 2019) o A street “vacation” means that the public is letting go of, or “vacating”, the public interest in a property. o After a street, alley or easement (pedestrian and/or vehicular) is vacated, the public no longer has a right to use the property for access. o Initiated by petition of property owners or City Council o RCW 35.79.040 – Title to vacated street or alley. If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one-half to each.  Appraisal RCW 35.79.030: o States the ordinance may provide that the vacation shall not become effective until the owners of property abutting upon the street or alley compensate the city or town an amount equal to one-half or the full amount of the appraised value of the area vacated. Existing code: o Appraisal is a minimum application requirement o Appraiser selected by applicant Proposed code: o Appraisal required after staff review and Council approval of resolution of intent to vacate o 3rd party appraiser selected by City o Waiver if Council initiated vacation includes a finding that public benefit accruing from the vacation alone is sufficient to justify vacation without monetary compensation. Planning Board Recommendation: o 3rd party appraiser selected by the applicant from a City approved list  Monetary Compensation RCW 35.79.030: o Provides two options by which owners of property abutting the area to be vacated shall compensate the city of town:  An amount equal to one-half the appraised value of the area so vacated; or  An amount not to exceed the full appraised value. (This applies if the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense) Existing code: o Monetary compensation OR reservation of easement to the City Proposed code: o Monetary compensation and allowance for reservation of easements o The amount of compensation to match the language in the RCW Planning Board recommendation o Keep with existing code – monetary compensation OR reservation of easement to the City o The amount of compensation to match RCW except for the that portion related to a ROW dedicated for twenty five years or more.  Compliance with Conditions and Challenging a Condition Existing code: o Conditions must be met within 90-days of approval of resolution of intent to vacate Proposed code: o Compliance within 90-days unless otherwise stated in the resolution 9.3.f Packet Pg. 660 At t a c h m e n t : A t t a c h m e n t 6 - C i t y C o u n c i l P H C o u n c i l M i n u t e s 1 0 1 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds City Council Approved Minutes October 15, 2019 Page 5 o Language clarifying the appeal process. o 30 day appeal period following the adoption of the resolution of intent (longer than the appeal period for land use decisions is 21-days (RCW 36.70C.040) Planning Board recommendation o 60 day appeal period o Includes clarifying language as to what happens if the appeal comes before or after a Council decision on the street vacation  Code Update Schedule o July 9, 2019 – Introduction at City Council Planning, Public Safety and Personnel Committee o July 10, 2019 – Introduction to Planning Board o August 14, 2019 – Public Hearing at Planning Board o September 25, 2019 – Planning Board (Review Options) o October 1st – Introduction at City Council o October 15th – Public Hearing at City Council o Future Council Meeting – Approval of Ordinance Council President Fraley-Monillas asked why staff did not agree with the Planning Board with regard to having a list of appraisers. She anticipated it would be difficult for an applicant if the City made the decision regarding an appraiser, however, having a list would allow an applicant to make the choice. Ms. McConnell answered it was not necessarily that staff did not agree with the Planning Board, but staff’s initial recommendation included the change to have a City-chosen appraiser for consistency purposes. After listening to the Planning Board, staff does not object to a list although i t is questionable whether an exact number of appraisers on the list should be included in the code. She summarized having a list to choose from would be an option. As this was a policy decision, staff’s recommendation as well as the Planning Board’s recommendation was included to highlight the options for Council. Councilmember Teitzel thanked staff for providing the Planning Board’s comments. He referred to 18.55.030 Right to reserve easements which states, in vacating any subject property, the city council may reserve for the city any easements or the right to exercise and grant easements for the following purposes, and paragraph C states, Construction, repair and maintenance of utilities by a third-party utility company, municipal corporation, or special purpose district that has a vested interest in the subject property. He said it appeared the third-party entities that can receive that easement are limited to those three examples. He asked if under that definition would a school district or private part y qualify as a third party. Mr. Taraday said special purpose district is a very broad term; the combination of municipal corporation and special purpose district together would include nearly every form of government in Washington. He summarized it would generally be a governmental entity. Councilmember Buckshnis expressed concern with the sudden urgency of this amendment when there has been only one street vacation per year for the past four years. She pointed out there is no definition for vacation. She was confused by that and felt the definitions should include easement, street vacation, dedication and the differences. She recalled Susan Paine sent the Council her concerns about street vacation and easement. Mr. Taraday explained a vacation is essentially the undoing of a dedication. Councilmember Buckshnis referred to Chapter 18.55 Vacations of Streets and Public Access Easements, pointing out 18.55.005 Definitions includes easement but not vacations. Ms. McConnell said the general definitions section of the ECDC defines vacation as well as dedication. Mr. Taraday asked if Councilmember Buckshnis was asking to include it in the final draft. Councilmember Buckshnis answered yes. Mayor Earling opened the public participation portion of the public hearing. Ken Reidy, Edmonds, said sometime prior to May 3, 2018, the City Attorney, City Council and Staff began working on yet another piecemeal code amendment. In April 2019 he emailed Mayor Earling asking 9.3.f Packet Pg. 661 At t a c h m e n t : A t t a c h m e n t 6 - C i t y C o u n c i l P H C o u n c i l M i n u t e s 1 0 1 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds City Council Approved Minutes October 15, 2019 Page 6 several questions; he did not receive a response. On June 24, 2019 he noticed this topic on the City Council extended agenda and submitted a public records request for the latest draft of the street vacation code update which was due in five days. Eleven days later on July 5th, he was provided documents that provided him the first glimpse of the amendments. He emailed questions to City Council on July 9th and did not receive a response. On July 10th he attended the Planning Board meeting where this topic was introduced and stressed that citizens be afforded a chance to be very involved in the process. He spoke again at the July 24th, August 14th, September 11th and September 25th Planning Board meetings. He provided much input, pointed out errors and experienced frustration as City staff refused to respond to two Planning Board requests to show an aerial photo of a specific section of an unopened alley. At the conclusion, he was encouraged in general by the recommendations made by the Planning Board, but dismayed to see staff make their own recommendations to City Council rather than respecting the Planning Board’s recommendation. Mr. Reidy recalled on October 1st, he told Council that because the city attorney has made it clear he does not represent Edmonds property owners, Council needs to ensure property owners know what is happening. He also provided Council information sheet for possible distribution to citizens; no Councilmember has indicated whether that or a different version was distributed. The proposed code uses the term, “sufficient to justify,” a subjective term, opening the door to arbitrary decisions and different rules for different people. He suggested Council adopt different policies for the vacation of unused easements versus easements that have been used for a public purpose, or would it be more ethical to not charge compensation for the vacation of an easement[JD1] the City never needed and never used. The proposed code establishes a definition of easement that is much different than the definition of easement in the definition section of Title 21. The proposed code requires the site survey specify open and unopened right-of-way but never discusses unopened right-of-way again in 18.55. The proposed code will result in more code errors and links that do not work. ECDC 20.80 is a major point that has not been addressed during this process. He encouraged the Council to listen to and engage with citizens and property owners. Damian King, Edmonds, expressed concern about the proposal regarding easements and street vacations from staff and the city attorney. The ordinance needs a comprehensive, holistic review instead of a piecemeal edit like this change. Easements represent usages and interests in land between the City and citizens. These are not strictly economic issues, context is important. Many easement in the City have remained unopened, unused and unimproved for decades. He pointed out the City has an easement, not the title to the land. The City occasionally grants vacations of easements and retains or reserves easements, aspects that work together in the public interest. When the City retains an easement, compensation is not always required; either compensation for vacations or retention of easement provides the City the necessary options. This approach has been previously affirmed by the City Council. The City should step back and do a more holist, thorough review of the larger development code before seeking a narrow aspect of change. Michelle Dotch, Edmonds, commented this was a public hearing on very important code that had been extensively rewritten, affecting thousands of property owners whose property borders an easement, right- of-way or alley. The entire downtown core of Edmonds has easements, alleys, rights-of-way between nearly every major street. These easements are how businesses, homes, condos and multifamily housing in Edmonds get to their garbage, garages and access their property. These easements, alleys and rights-of-way are part of the original design of Edmonds and were dedicated at no cost to the City to obtain the rights of access and to give the streets their curbside appeal so that things people do not want to look at are located behind. It is obvious that property owners and homeowners living on easements have no idea that this code will be changed to their detriment. She questioned the rush to change the code when it has been used only once a year and why the public was not present at a public hearing on the first major code rewrite. The Council has been clamoring to begin a major code rewrite, yet no Councilmember or Planni ng Board Members were aware this section of code was being rewritten, basically behind closed doors using numerous staff and city attorney hours to change a code that no one had asked to have changed. 9.3.f Packet Pg. 662 At t a c h m e n t : A t t a c h m e n t 6 - C i t y C o u n c i l P H C o u n c i l M i n u t e s 1 0 1 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds City Council Approved Minutes October 15, 2019 Page 7 Ms. Doth said although the Council has stated they want the public to be engaged sooner in the process, the public has not been properly included or notified. She was concerned with staff’s position to stick with their own and the city attorney’s recommendations instead of honoring the Planning Board’s recom mendation that recognizes their concern with staff and the city attorney’s approach to the code rewrite and what it means to property owners with easement rights. She questioned the role of the city attorney in rewriting the code, a person who is not a city employee but the owner of a Seattle law firm that specializes in eminent domain and complex condemnation matters. She recalled Mr. Taraday’s warning to the Planning Board on August 14th that he does not represent Edmonds homeowners, leading her to questi on who he represents. She urged the Council to take the time for proper public engagement and to table this item for further public review. Finis Tupper, Edmonds, commented it was easier to fool someone than to convince them that they have been fooled. Not all members of the Planning Board were fooled by staff and the city attorney’s misleading interpretations and opinions regarding the law. From reviewing the City Council study session on the proposed amendment to the current street vacation code, he said the City Council is being fooled. He referred to Ordinance 4143 approved in February 2019 in which the City Council vacated Excelsior Place and retained easements for public utilities and right-of-way and required no compensation. He referred to the gift of public funds and governmental ethics. At the August 14, 2019 Planning Board hearing, the city attorney cited Washington State Constitution Article 8, Section 7, No county, city, town or other municipal corporation shall here-after give any money, or property, or loan its money, or credit to or in aid of any individual, association, company or corporation, except for the necessary support of the poor and infirm, or become directly or indirectly the owner of any stock in or bonds of any association, company or corporation. Mr. Tupper opined that the City Council’s approval of the street vacation on Excelsior Place violated the State Constitution and therefore implied that the City Council including himself, because he signed the ordinance, violated their oaths of office which puts each Councilmember subject to the recall petition. RCW 34.79 was last updated in 2011. The City code amendments adding full appraised value if the dedication is 25 years old was passed in 2001. ECDC 20.70 was updated twice, Ordinance 3901 in 2012 and Ordinance 3902 in 2013, both amendments were citizen requested. He asked why the city attorney waited so long, relaying his belief it was due to a property in Perrinville. The City Council passed a resolution to vacate 184th and then passed a resolution to postpone that vacation; that property has an unopened easement with City utilities. This proposal is to get the full value for that dedication which he felt was not honest government or fair play, changing the rules in the middle of the process. Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. Councilmember Mesaros asked if there were more than three instances where the Planning Board’s recommendation differed from staff’s recommendations. Ms. McConnell referred to the PowerPoint slides that identify five instances where the Planning Board had a different recommendation. The table on p age 243 of the packet also identifies the five items and the clean version of the code includes both staff and Planning Board recommendations (packet page 238). Councilmember Mesaros observed staff has chosen to include both and let the City Council decide. Ms. McConnell agreed. Council President Fraley-Monillas said she has not often seen in her ten years on the Council where a proposal includes different recommendations from staff and the Planning Board, typically the recommendation incorporates the Planning Board’s input. Ms. McConnell answered the reality is there is not an incorrect way; staff does not feel strongly about any of the specific items. Staff presented their recommendation to the Planning Board, there was a lot of good discussion at the Pla nning Board and ultimately the Planning Board members did not a solid vote for their recommendations or staff’s recommendation so staff felt it more appropriate to bring both recommendations to the Council. 9.3.f Packet Pg. 663 At t a c h m e n t : A t t a c h m e n t 6 - C i t y C o u n c i l P H C o u n c i l M i n u t e s 1 0 1 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds City Council Approved Minutes October 15, 2019 Page 8 Council President Fraley-Monillas appreciated staff giving Council that opportunity, however, the redline version only includes staff’s recommendation which makes it challenging to review. Ms. McConnell said the clean version of the code highlights the staff recommendation and the Planning Board recommendation. The Planning Board’s recommendations were not incorporated into the track change version because it was already difficult to read. Councilmember Buckshnis said she was concerned after speaking with Susan Paine who has worked in this area. She did not understand why easements and vacations were combined in the same chapter and was concerned with broken links when information is moved. She would like to take more time for review and at Ms. Paine’s request, she suggested staff provide a visual diagram of the difference between an easement and a vacation. She questioned why compensation was not required for a vacation when there was an easement. Since there has been only one vacation a year for the past four years, she questioned the urgency of this change especially during budget time. She preferred to have more time to look at the global aspect of the code and an overall code update rather than doing it piecemeal . Councilmember Teitzel asked Mr. Taraday to respond to Mr. Tupper’s challenge about his interpretation of the State Constitution which could result in recall of Councilmembers and the Mayor. Mr. Taraday said he would like to see the minutes where he is quoted saying that as that was not his recollection of the statements he made to the Planning Board. He did say in response to a question that one could certainly make the argument that if a City street were vacated with no compensation to the City whatsoever, that that would be a gift of public funds. Excelsior Place was not exactly that because an easement was retained and one can differ whether that retained easement was sufficient to offset what was given away. He thinks the public can do better than that; anyone interested in protecting the public’s finances would not want the City to give away valuable property rights without obtaining fair compensation in return. That was ultimately one of the things being considered, protecting the public’s finances and maximizing the type of services the City can provide and whether the City was unnecessarily giving away valuable rights without maximizing the public’s ability to recoup value from that transfer of property. Mr. Taraday said it was ultimately up to the City Council to decide whether to adopt the recommendations that allow for maximized return to the public. When he realized there were instances like Excelsior Place where the City did not get resources it could have, he felt it was his obligation to let the City Council understand the choices and let the City Council make a policy choice regarding those situations. That was one of the reasons that both the staff recommendation and the Planning Board recommendation is included because he felt it was his obligation to ensure the City Council was making the most informed decisions it can. Presenting only the Planning Board recommendation without the alternate staff recommendation did not seem like he was fully informing the Council in preparation for a decision. Council President Fraley-Monillas asked the definition of alley and the difference between an alley and a dedicated street. Ms. McConnell said an alley is dedicated right-of-way just like a street. The definition of alley in ECDC Title 21 states, an alley is publicly dedicated right-of-way which provides a secondary means of access. The definition of a street shall include an alley, provided however that an alley shall not be considered a street for purposes of calculating the setback and front yard requirements. No lot fronting on a street and alley shall be considered either a corner lot or a lot having two frontages. Council President Fraley-Monillas observed an alley was different than a street because it provided a secondary means of access. Councilmember Tibbott relayed his understanding the function of an alley was a secondary way of accessing property. He asked how often the City considers vacating an alley right-of-way, noting that did not seem like a common occurrence. Ms. McConnell said property owners discuss alley vacations with staff more commonly than one would think, mostly in areas where an alley is undeveloped and not currently 9.3.f Packet Pg. 664 At t a c h m e n t : A t t a c h m e n t 6 - C i t y C o u n c i l P H C o u n c i l M i n u t e s 1 0 1 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds City Council Approved Minutes October 15, 2019 Page 9 used for access. When staff receives those requests or talks with a property owner at the counter, they consider whether there are any utilities in the right-of-way, often underground utilities that the property owner may be unaware of. She summarized alley vacations were discussed more frequently than any other type of vacation at the front counter although they may not move forward. Councilmember Tibbott recalled when he was on Planning Board a property owner wanted to vacate the dead-end alley behind his house that was not used for access so he could use it for other purposes. He asked if that was a fairly typical reason a citizen might inquire about vacating an alley. Ms. McConnell answered property owners often want to make improvements on the land or it could be used to expand their setbacks and allow expansion of their home’s footprint. Councilmember Tibbott observed the vacation would be a transfer of real property and real value to the homeowner where it could be used for purposes other than an unopened alley. Ms. McConnell said once it was vacated the public would no longer have interest in the land. Councilmember Tibbott commented as long as there was no public interest, it could make s ense to make that transfer. Councilmember Tibbott asked what method was used to determine the value of property with an easement. Ms. McConnell answered that is done via an appraisal process. Mr. Taraday explained one of the benefits of moving the appraisal later in the process is the appraiser can take into account things like a retained easement in determining the amount to be paid to the City. Obviously, a vacation that is subject to a retained easement is not as valuable as a similar vacation that is not subject to a retained easement because frequently a property owner is not allowed to build on top of a utility. The appraiser starts by determining the highest and best use of the property, looks for comparable sales, etc. If the property is encumbered by a water pipe for example and it is located in such a way that it is not possible to build in the vacated strip of land, it would significantly reduce the value of the vacated right -of-way. Conversely, if the waterpipe was at the far end of the vacated property such that one could still build on a portion of the vacated right-of-way, the appraiser would consider that vacated property more valuable than the previous example. Councilmember Tibbott observed there was something of a scientific method to evaluating the appraised value even if there is an easement. Mr. Taraday said he is not an appraiser and did not know exactly the methodology that appraisers use, but nearly all appraisers look at highest and best use and the presence of a utility pipe would certain affect highest and best use and therefore fair market value. Based on that, Councilmember Tibbott said he was comfortable with the “and” approach to an appraisal for vacations. Councilmember Tibbott asked for an explanation of 30 versus 60 days waiting period and when it begins. Mr. Taraday said it begins upon passage of the resolution of intent. Councilmember Tibbott asked if there was any reason to prolong the waiting period, for example does the review process typically take longer than 30 days. Mr. Taraday said 30 days was initially included in the draft based on caselaw from a case in Federal Way years ago where someone tried to appeal a street vacation and the city did not have a clear process for how and when that happens, leaving the court to decide after the fact whether the appellant’s appeal was timely or not. It seemed that some appeal period should be included in the code. There is nothing magical about the 30 day time period; the Planning Board thought that seemed short and they did not want property owners to rush to bring an appeal so they suggested a longer appeal period. Councilmember Tibbott asked if the longer appeal period makes it more likely that the court would take longer to review materials. Mr. Taraday answered it would certainly increase the likelihood that the commencement of the appeal would take longer, but he did not think it would change anything in superior court. Councilmember Tibbott favored the longer appeal time. Councilmember Johnson observed the Council had a lot of questions and comments and it has been the Council’s rule of thumb not to make a decision the same night a public hearing is held to allow Councilmembers to consider the public’s comments. She recalled several street vacations and understood 9.3.f Packet Pg. 665 At t a c h m e n t : A t t a c h m e n t 6 - C i t y C o u n c i l P H C o u n c i l M i n u t e s 1 0 1 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Edmonds City Council Approved Minutes October 15, 2019 Page 10 it was a decision for the City Council, but was often frustrated by the lack of context. The Council needs to understand a proposed street vacation in light of the Comprehensive Plan, specifically the Transportation Element and to update the City’s official street map to determine if there are any future intended uses for the right-of-way as well as the pedestrian plan. She summarized she was interested in context when considering a street vacation and has often found that lacking. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO INITIATE A TWO-STEP PROCESS TO RESOLVE THE DIFFERENCES BETWEEN THE PLANNING BOARD AND THE STAFF RECOMMENDATIONS, 1) ASK STAFF TO COME BACK AT A LATER DATE WITH A CLEAR PRESENTATION ON THE TWO DIFFERENCES IN THE CODE AND THE COUNCIL CAN DISCUSS EACH OF THE FIVE ITEMS AND REACH RESOLUTION ON EACH, AND 2) ASK THE CITY ATTORNEY AND STAFF TO DEVELOP THE FINAL ORDINANCE BASED ON THE RESOLUTION OF THOSE FIVE ITEMS AND RETURN TO COUNCIL FOR APPROVAL. Councilmember Mesaros referred to comments about rushing, commenting he did not feel rushed and there had been several opportunities for review. The reason for the motion was to afford more opportunity for citizens to comment during Audience Comments. To those who have commented about a piecemeal approach to updating the code, he questioned how the code could be reviewed as a whole. It is a large code and it has to be done piecemeal, being mindful of the need for consistency as the code is revised. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO AMEND THE MOTION TO INCLUDE A SECOND PUBLIC HEARING. AMENDMENT CARRIED (6-0-1), COUNCILMEMBER MESAROS ABSTAINING. UPON ROLL CALL, MAIN MOTION AS AMENDED CARRIED (5-2), COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS NELSON, MESAROS, TEITZEL AND TIBBOTT VOTING YES; AND COUNCILMEMBERS JOHNSON AND BUCKSHNIS VOTING NO. Mayor Earling assumed this would be done by the end of the year or the process would need to start over. 8. COUNCIL COMMITTEE REPORTS 1. MONTHLY COUNCIL SUBCOMMITTEE REPORTS AND MINUTES Parks & Public Works Committee Councilmember Johnson reported on items the committee reviewed:  ILA Verdant Health Commission: Outdoor Fitness Zones Amendment – approved on Consent Agenda  Marsh Boardwalk Easement – approved on Consent Agenda  Hyundai Pedestrian Easement – approved on Consent Agenda  Lynnwood Mazda Pedestrian Easement – approved on Consent Agenda  Presentation of a Professional Services Agreement with Tetra Tech for the Ballinger Regional Facility – on tonight’s agenda  Citywide Pedestrian Enhancements Project -Easements – approved on Consent Agenda  Investment Grade Audit for Citywide ESCO Project – on tonight’s agenda  PUD Aerial and Ground Easement at SE Corner of Frances Anderson Field (NW Corner of Dayton & 8th) – on a future Council agenda Finance Committee Councilmember Buckshnis reported on items the committee reviewed:  Approval of Expenditure for Historic Informational Panel – on a future Council agenda 9.3.f Packet Pg. 666 At t a c h m e n t : A t t a c h m e n t 6 - C i t y C o u n c i l P H C o u n c i l M i n u t e s 1 0 1 5 2 0 1 9 ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e U p d a t e s ) Year Ordinance No.Street/Alley Iniatiator Easements Resrved?Compensation Comments Paid one-half?Notes 1998 3188 237th Place SW City of Edmonds Utility (to the City and its lawful franchisees) $0 The City Council found that public benefit will be derived from the vacation to better utilize the easement for drainage easements and future utility use and determined that the public purposes outweight the need for requiring compensation. 0 public benefit 1998 3189 15th Street SW & 100th Avenue S City of Edmonds $0 The vacated right-of-way was adjacent to the Edmonds Cemetery and was vacated in part to support the construction of the columbarium at the cemetery. 0 cemetery expansion 1998 3197 Lunds Gulch Rd City of Edmonds $0 0 public benefit 1998 3198 Unnamed City of Edmonds $0 0 1998 3199 72nd Ave W City of Edmonds $0 0 1998 3200 72nd Ave W City of Edmonds Pedestrian/Utility $0 0 1998 3201 73rd Ave W City of Edmonds $0 0 1998 3202 74th Place W City of Edmonds Utility $0 0 1998 3203 75th Ave W City of Edmonds $0 0 1998 3204 156th Street SW City of Edmonds $0 0 1998 3205 156th Street SW City of Edmonds $0 0 1998 3206 158th Street SW City of Edmonds $0 0 1998 3207 164th Street SW City of Edmonds Utility $0 0 1998 3208 172nd Street City of Edmonds Utility $0 0 1999 3255 180th Street SW Citizen $3,562 Vacation would have allowed one additional building lot whose value could range from $30,000 to $65,000. The abutting property owners agreed to waive subdivsion rights created by the vacation right-of-way via a covenant recorded with the vacation ordinance. less 1999 3260 218th Place SW Citizen $5,300 Appraised value of $10,600. Originally dediciated for hammerhead turn- around and the street is now a through street. one-half 2003 3463 7th Avenue S Citizen/City of Edmonds Pedestrian/Utility $5,454 Clean up of a vacation request and subdivision from 1987. Council considered three compensation options, (1) using the current (2003) land valuation for a total of $31,050, (2) use of 1993 assessed valuation (when the then current property owner purchased the property ) for a total of $18,468, or (3) use the original 1987 calculation for a total of $5,454. Since it appeared to be a City oversight that the vacation did not occur in 1987, the City Council chose the 1987 valuation. less 2003 3470 Bowdoin Way City of Edmonds $0 Vacated 3 feet of Bowdoin Way adjacent to 8505 Bowdoin Way. The City of Edmonds had sold 8505 Bowdoin Way as surplus property (former site of Five Corners Fire Station). As part of the sale, the City of Edmonds indicated it would vacate the right-of-way. The City Council determined adequate compensation was received from the sale of the property (included in the sales price) and did not require any additional compensation for the right-of-way. Price of the sale unknown, but value was based on the ability to construct 7 units on the property. 0 property sale The street vacation for ordinances 3197 - 3208 were initiated by the City of Edmonds. All of the vacated right-of-way were located in the Meadowdale area and most contained slopes in excess of 40%. No compensation was required for any of the vacations because the Council found that, "Due to the public benefits to be derived, the abutting property owners are not required to compensate the City for the vacation of the right-of-way." The public benefit noted in the ordinance included, "...returning the propoerty to the tax roll and relieving the City of the obligation to maintain a right-of-way easement which has no reasonable likelihood of development as a public street thereby creating a public interest which outweighs the necessity to require compensation for the vacation to the City." 9.3.g Packet Pg. 667 At t a c h m e n t : A t t a c h m e n t 7 - P a s t S t r e e t V a c a t i o n s S u m m a r y ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e Year Ordinance No.Street/Alley Iniatiator Easements Resrved?Compensation Comments Paid one-half?Notes 2004 3520 174th Street SW City of Edmonds $1,500 This vacation appeared to be clean up of some license agreement from 1973. One-half of the appraised value would have been $8,000. City Council accepted the reduced payments because, (1) the subject property was burdened by access rights, (2) the prior property owners refused to purchase the site, (3) returning the property to the tax roles would compensate the City through additional tax revenue, and (4) the owners will incur additional costs to survey and assign the site by lot line adjustment. less 2005 3543 Sierra Place Citizen Utility $3,750 $3,750 was one-half of the appraised value of right-of-way to be vacated. Covenant recorded restricting use of the adjacent property to one single family residence due to presence of critical areas including stream, wetland, and slope. one-half 2005 3551 Daley Street Citizen $62,500 $62,500 was half of appraised value. A single-family residence has been constructed on this former right-of-way. one-half 2005 3565 219th Street SW Citizen Utility $67,731 $67,731 was half the value of the encumbered right-of-way. The appraisal considered the unencumbered value of the right-of-way to be $267,000 and the value of the right-of-way with the reserved utility easement to be $135,461. one-half 2007 3647 8th Avenue N Citizen Creek Maintenance Easement $7,500 The fair market value of the property was appraised to be $22,500. The City Council reduced compensation below 50% to relect the costs associated with obtaining an appraisal and the other associated costs of the vacation process, as well as required lot line adjustment and the cost of tree removal, yielding in the City Council's estimation a reasonable compensation to the public of $7,500. less 2007 3662 77th Place W Citizen $1,400 The $1,400 was more than one-half appraised value. Two appraisels (both paid by the applicant) assumed a total appraised value of $1,350 and $1,620. The appraisals were based on the differential values of similarly sized and valued properties, calculated the appraised value based on the incremental difference in property valuations. During the public hearing, the City Council did not feel the appraisals appropriately reflected the value of the property. The applicant had offered to pay the City $1,400 for the vacated right-of-way. After much discussion on the value of the similarly situated property, the City Council chose to accept the applicants offer of $1,400 for the right-of-way as adequate compensation. more 9.3.g Packet Pg. 668 At t a c h m e n t : A t t a c h m e n t 7 - P a s t S t r e e t V a c a t i o n s S u m m a r y ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e Year Ordinance No.Street/Alley Iniatiator Easements Resrved?Compensation Comments Paid one-half?Notes 2008 3729 Alley between 8th and 9th City Council Temporary Construction Easement $0 A temporary construction easement was reserved for the construction of a retaining wall north of the vacated easement to be constructed in association with improvements for a 3-lot short plat north of the vacated right-of-way. The City Council found it to be in the public interest to vacate the property without compensation, given its small size (7 1/2 feet in width), its lack of value and utility to the City, the fact that it, except as provided herein (presumbably referring to the tempoary construction easement), serves no public purpose, and that returning the property to the tax rolls provides a benefit to the City. 0 public benefit 2016 4028 right-of-way in Civic Field City Council $0 After the City of Edmonds acquired Civic Field from the school district, the City Council iniated street vacations to vacate portions of Edmonds Street, Sprague Street and an unnamed alley that extended through civic field. Utilities are located in Civic Field, but since the City of Edmonds is the property owner, no easements were required with the vacations. 0 city property 2017 4061 92nd Avenue W Citizen Easements for third party utilities $92,610 $92,610 was one-half of the appraised value. The property owners were required to assume ownership of the stormwater facilities located within the right-of-way and grant easements to Olympic View Water and Sewer District, Snohomish County PUD, and PSE. The property owner also had to acknowledge improvements related to fire protection should the property be redeveloped. one-half 2018 4114 Unnamed right-of-way near 231st Street SW Citizen Easement for third party utility $28,800 $28,800 was one-half of the appraised value. An easement was required for an Edmonds School District stormwater line located within the right-of- way. one-half 2019 4143 Excelsior Place Citizen Utility and Access Easement $0 No compensation was required because the City of Edmonds retained easements. Conditions of vacation included (1) retention of public utility easement, (2) constuction of a utility access and emergency vehicle turn- around, (3) private access easement for all properties with frontage on the vacated portion of Excelsior Place, and (4) a utility and emergency vehicle access easement and covenant requiring construction of additional access road width to meet South County Fire Lane standards with future single-family development. 0 easement 2020 184th St SW between 80th and OVD Citizen - - Resolution 1456 Set the Public Hearing Date. Street vacation was denied. 0 denied 2022 4285 838 Fir Street Citizen $17,500 $17,500 was one-half the appraised value. one-half 9.3.g Packet Pg. 669 At t a c h m e n t : A t t a c h m e n t 7 - P a s t S t r e e t V a c a t i o n s S u m m a r y ( P u b l i c H e a r i n g o n S t r e e t V a c a t i o n C o d e CIT Y O F E DM O N D S Inc.1 8 9 0 ECDC 20.70 Street Vacation Code Updates July 22, 2025 City Council Public Hearing 9.3.h Packet Pg. 670 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g Code Update Goals •Move to Title 18 – Public Works •Clarify, reorganize, add definitions section •Revise appraisal process & timing •Revise applicability of monetary compensation •Revise timeframe to satisfy conditions 9.3.h Packet Pg. 671 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g CIT Y O F EDM O N D S Inc.1 8 9 0 ➢Change in review lead – Planning to Engineering ➢Clarify applicability to the vacation of streets, alleys, and public easements relating to street, pedestrian or travel purposes ➢18.55.005 Definitions – New section ➢18.55.015.D Application – Reflects what’s needed ➢18.55.120 – Added right to reserve easements for pedestrian walkways or trails ➢18.55.130 - Added appraisal section to address timing and collection of fees for 3rd party appraisal ➢18.55.140 – Resolution of Intent and Final Decision ▪Clarify processing of street vacations ▪Allow ordinance to address timing of compliance with conditions ▪Establish compensation based on appraisal ▪Give Council ability to not adopt ordinance based on review of appraisal. Substantive Code Changes 9.3.h Packet Pg. 672 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g CIT Y O F EDM O N D S Inc.1 8 9 0 ➢A dedication is a transfer of most of the rights in a privately owned property to the public for some public use, such as for streets. ➢A street dedication (or dedication of right-of-way) occurs commonly as a condition of subdivision approval. ➢Definition of dedication: “The donation of land or creation of an easement for public use.” DEDICATION, Black’s Law Dictionary (11th ed. 2019) What is a Street Dedication?9.3.h Packet Pg. 673 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g ➢ ➢A street dedication (or dedication of right-of-way) occurs commonly as a condition of subdivision approval. ➢ Map Provided to Left: Original Plat of Edmonds (recorded in 1890). Streets and Alleys shown were dedicated to the City of Edmonds. Example of a Street Dedication 9.3.h Packet Pg. 674 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g Example of a Street Dedication 9.3.h Packet Pg. 675 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g CIT Y O F EDM O N D S Inc.1 8 9 0 ➢A street vacation means that the public is letting go of, or “vacating”, the public interest in a property (the dedication). ➢After a street, alley or easement (pedestrian and/or vehicular) is vacated, the public no longer has a right to use the property for access. ➢Initiated by petition of property owners or City Council ➢RCW 35.79.040 – Title to vacated street or alley. If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, typically one-half to each. What is a Street Vacation?9.3.h Packet Pg. 676 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g Maps shown: Portion of Sprague St shown in purple – was dedicated as right-of-way with the Original Plat of Edmonds and later vacated. Example of a Street Vacation 9.3.h Packet Pg. 677 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g Previous Code Work Planning Board: ❑July 10, 2019 – Introduction to Planning Board ❑August 14, 2019 – Public Hearing at Planning Board ❑September 25, 2019 – Planning Board (Review Options) o Planning Board reviewed code update options o There wasn’t a consensus on options outlined o Ultimately the decision is legislative City Council ❑July 9, 2019 – Introduction at City Council PPW Committee ❑October 1, 2019 – Introduction at City Council ❑October 15, 2019 – Public Hearing at City Council 9.3.h Packet Pg. 678 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g CIT Y O F EDM O N D S Inc.1 8 9 0 RCW 35.79.030: ➢States the ordinance may provide that the vacation shall not become effective until the owners of property abutting upon the street or alley compensate the city or town an amount equal to one-half or the full amount of the appraised value of the area vacated. Existing code: ➢Appraisal is a minimum application requirement ➢Appraiser selected by applicant Proposed code: ➢Appraisal required after staff review and Council approval of resolution of intent to vacate ➢3rd party appraiser selected by City, reimbursable by applicant ➢Waiver if Council initiated vacation includes a finding that public benefit alone is sufficient to justify vacation without monetary compensation. Appraisal 9.3.h Packet Pg. 679 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g AppraisalsPlanning Board Option If the City Council adopts a resolution of intent to vacate the subject property and such resolution contains an appraisal requirement, the director shall be authorized to obtain an appraisal of the fair market value of the subject property from a qualified appraiser, taking into account any reduction in fair market value associated with any other conditions imposed in the resolution of intent, including but not limited to a condition requiring the dedication of alternative right-of-way or the conveyance of an easement to a third-party. ECDC 18.55.130 9.3.h Packet Pg. 680 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g Appraisals – Applicability and WaiverPlanning Board Option ECDC 18.55.130 * Change included, proposed by Planning Board: B. City shall be responsible for any associated appraisal fees. ** Change to current draft code as compared to when Planning Board reviewed: C. If resolution of intent to vacate includes an appraisal requirement, reduction in fair market value shall also include consideration of conveyance of an easement to a third-party. 9.3.h Packet Pg. 681 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g CIT Y O F EDM O N D S Inc.1 8 9 0 RCW 35.79.030: Provides two options by which owners of property abutting the area to be vacated shall compensate the city of town: ➢An amount equal to one-half the appraised value of the area so vacated; or ➢An amount not to exceed the full appraised value. (This applies if the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense) Existing code: ➢Monetary compensation OR reservation of easement to the City Proposed code: ➢Monetary compensation and allowance for reservation of easements, which could lower amount of compensation ➢The amount of compensation to match the language in the RCW Monetary Compensation 9.3.h Packet Pg. 682 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g Monetary Compensation and/or EasementPlanning Board Option ** Change to current draft code as compared to when Planning Board reviewed: 9.3.h Packet Pg. 683 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g Monetary CompensationPlanning Board Option 9.3.h Packet Pg. 684 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g CIT Y O F EDM O N D S Inc.1 8 9 0 Existing code: ➢Conditions must be met within 90 days of approval of resolution of intent to vacate Proposed code: ➢Compliance within 90 days unless otherwise stated in the resolution ➢Language clarifying the appeal process. ➢30-day appeal period following the adoption of the resolution of intent (longer than the appeal period for land use decisions at 21 days (RCW 36.70C.040) Compliance with Conditions and Challenging a Condition 9.3.h Packet Pg. 685 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g Condition ChallengesPlanning Board Option ** Change to current draft code as compared to when Planning Board reviewed: 9.3.h Packet Pg. 686 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g Code Update Schedule ➢June 3, 2025 – City Council Committee ‘A’ ✓July 22, 2025 – Public Hearing at City Council ➢August 4, 2025 - Adoption 9.3.h Packet Pg. 687 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g QUESTIONS? 9.3.h Packet Pg. 688 At t a c h m e n t : C o u n c i l P r e s e n t a t i o n - S t r e e t V a c a t i o n C o d e P H 0 7 . 2 2 . 2 0 2 5 ( P u b l i c H e a r i n g City Council Agenda Item Meeting Date: 07/22/2025 Discussion of Street Vacation Code Updates Staff Lead: Mike De Lilla Department: Engineering Preparer: Scott Passey Background/History July 9, 2019 - Introduction at City Council PPW Committee October 1, 2019 - Introduction at City Council October 15, 2019 - Public Hearing at City Council June 3, 2025 - Council Committee A Staff Recommendation Discuss and provide direction with regard to any amendments that council would like to see. Narrative Edmonds Community Development Code (ECDC) Chapter 20.70 Street Vacations establishes procedures and criteria that the city uses to make decisions regarding vacations of streets, alleys, and public access easements. Amendments to the street vacation code were proposed in 2019 and included a public process before the Planning Board and City Council. At that time, Council requested an additional public hearing, but in consideration of significant forthcoming changes in the council and mayoral positions, staff was asked by the Mayor and Council President to hold off bringing the code update back to Council until 2020. In 2020 the pandemic further delayed the code update progress. After a long period of dormancy, this update was bumped back up on the priority list in response to the mayor’s directive to look under ever stone for ways to support the city’s financial needs. The proposed code update would likely lead to increased compensation to the City over time and therefore staff is bringing this back to the council. Amendments to the street vacation code are proposed to address the following: • Placement of street vacation code under Title 18 - Public Works Requirements • Reorganization and clarification of various code sections to make the process and requirements more clear • Clarification that this code section applies to the vacation of streets, alleys, and public easements relating to street, pedestrian or travel purposes • Requirement for an appraisal to be completed by a city selected appraiser, at the expense of the applicant and only after a resolution of intent has been approved by the council. • Allowance for the conditions placed on the street vacation to be met within a time frame set by resolution or within 90-days as stated in the code. 10.1 Packet Pg. 689 Much of the code update is primarily related to reorganization and adding clarification to the process. Changes to the code are proposed to align the City’s street vacation code with state law regarding street vacations as contained in chapter 35.79 RCW. The Planning Board’s previous discussions largely focused on monetary compensation for the vacations, the appraisal process, and the ability of the applicants to challenge conditions related to the vacation. The Planning Board recommended code update options, which are included in this packet for reference. Staff is recommending modification of the street vacation code to conform with state law. Although street vacations do not occur frequently, a single large street vacation has the potential to capture significant revenue, given the high property values in Edmonds. That revenue would be received by the general fund. Staff’s recommendation also reflects market reality. For example, if one were proposing a street vacation where the market value of the land to be vacated is $100,000, it wouldn’t be in the public interest for the city to forego all that revenue in the hypothetical scenario where it also wanted to reserve an easement worth $10,000. Of course, these questions related to monetary policy, lie within the purview of the City Council. 10.1 Packet Pg. 690 City Council Agenda Item Meeting Date: 07/22/2025 Pro/Con Committee Selection for Levy Lid Lift Ballot Measure Staff Lead: City Council Department: City Clerk's Office Preparer: Scott Passey Background/History The election is November 4th, 2025, and election deadline dates as provided by the Snohomish County Election office are attached. The Snohomish County Local Voters' Pamphlet Administrative Rules are also attached. Council has the legislative authority to appoint members to a committee that will write the statement supporting the measure and to a committee that will write the statement opposing the measure. During the June 24, 2025 meeting, Council agreed to the process they will use to select the pro and con committee members for the levy lid lift ballot measure. During the July 8, 2025 meeting, Council voted to approve the placing the Levy Lid Lift on the November ballot During the July 8th 2025 meeting, Council approved process for Pro/Con Selection. A media release was sent to Edmonds Media on July 9th asking for interested, current residents of Edmonds to apply by 5:00 pm Monday, July 14, 2025. Recommendation Select Pro/Con Committee members based on the procedure approved by Council. Narrative Criteria for Pro and Con Committees: · Each committee is allowed up to 3 members but can ask for the advice of any number of individuals. (Voters' Pamphlet Administrative Rules) · Must be a resident of the City of Edmonds (RCW 29A.32.280 effective January 1, 2025) The Edmonds residency of each applicant has been verified by staff. · Persons for the pro/con committees shall me known to favor or oppose respectively the measure for which they are writing a statement. (Voters’ Pamphlet Administrative Rules) Approved process for Appointment to Pro and Con Committees: 10.2 Packet Pg. 691 1. A media release was issued by the City of Edmonds on July 9, 2025 titled “City Seeks Residents for Pro/Con Committees for Nov Levy Lid Lift” and detailing the application process. 2. Applications submitted to the City Clerk before the deadline of Monday, July 14th at 5:00pm were published in the July 15 agenda packet and attached hereto. 3. All applicants to the Pro committee will be drawn in random order, the Council will vote in the order drawn. The first 3 applicants to get 4 votes will be appointed to the committee. Then the same procedure will be conducted for the Con committee. 5. Each committee will identify a chair who will serve as the primary contact for Snohomish County Elections. 6. The City Clerk will submit the names and contact information of those individuals appointed to the Pro and Con Committees to the Snohomish County Elections Office. These names will appear in the local voters’ pamphlet. 7. Snohomish County Elections will contact the committee chairperson with submission requirements and deadlines. Attachments: RCW 29A.32.280 (1) Snohomish County Local Voters' Pamphlet Administrative Rules Nov 4 Election Schedule Levy Pro-Con Committees Press Rel Buckshnis_Redacted Goforth_Redacted Hill_Redacted Lopez_Redacted Mesaros_Redacted Milkey_Redacted Pence_Redacted Reeves_Redacted Thorsen_Redacted 10.2 Packet Pg. 692 RCW 29A.32.280 Arguments advocating approval or disapproval— Preparation by committees. (Effective until January 1, 2025.) For each measure from a unit of local government that is included in a local voters' pamphlet, the legislative authority of that jurisdiction shall, not later than the resolution deadline, formally appoint a committee to prepare arguments advocating voters' approval of the measure and shall formally appoint a committee to prepare arguments advocating voters' rejection of the measure. The authority shall appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating rejection. Each committee shall have not more than three members, however, a committee may seek the advice of any person or persons. If the legislative authority of a unit of local government fails to make such appointments by the prescribed deadline, the county auditor shall whenever possible make the appointments. [2015 c 146 s 3; 2003 c 111 s 820. Prior: 1994 c 191 s 2; 1984 c 106 s 10. Formerly RCW 29.81A.080.] RCW 29A.32.280 Arguments advocating approval or disapproval— Preparation by committees. (Effective January 1, 2025.) (1) For each measure from a unit of local government included in a local voters' pamphlet, the legislative authority of that jurisdiction shall, not later than the resolution deadline, formally appoint a committee to prepare arguments advocating voters' approval of the measure and shall formally appoint a committee to prepare arguments advocating voters' rejection of the measure. (2) The authority shall appoint persons that reside within the jurisdictional boundaries and are known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons that reside within the jurisdictional boundaries and are known to oppose the measure to serve on the committee advocating rejection. (3) Each committee shall have not more than three members, however, a committee may seek the advice of any person or persons. (4) If the legislative authority of a unit of local government fails to make such appointments by the prescribed deadline, the county auditor shall issue a media release and publish information on the auditor's election website announcing the opportunity to form committees and provide statements. If the legislative authority is unable to make appointments, the auditor shall make appointments on a first-come, first-served basis if qualified committee members contact the auditor by the appropriate deadline. (5) If no statement is produced, the auditor shall include a statement in the pamphlet stating that no person in the jurisdiction contacted the auditor to provide a statement, and there are no statements for that measure. [2024 c 78 s 12; 2015 c 146 s 3; 2003 c 111 s 820. Prior: 1994 c 191 s 2; 1984 c 106 s 10. Formerly RCW 29.81A.080.] Effective date—2024 c 78: See note following RCW 29A.32.010. Certified on 7/12/2024 RCW 29A.32.280 Page 1 10.2.a Packet Pg. 693 At t a c h m e n t : R C W 2 9 A . 3 2 . 2 8 0 ( 1 ) ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) 10.2.b Packet Pg. 694 At t a c h m e n t : S n o h o m i s h C o u n t y L o c a l V o t e r s ' P a m p h l e t A d m i n i s t r a t i v e R u l e s ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) 10.2.b Packet Pg. 695 At t a c h m e n t : S n o h o m i s h C o u n t y L o c a l V o t e r s ' P a m p h l e t A d m i n i s t r a t i v e R u l e s ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) 10.2.b Packet Pg. 696 At t a c h m e n t : S n o h o m i s h C o u n t y L o c a l V o t e r s ' P a m p h l e t A d m i n i s t r a t i v e R u l e s ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) 10.2.b Packet Pg. 697 At t a c h m e n t : S n o h o m i s h C o u n t y L o c a l V o t e r s ' P a m p h l e t A d m i n i s t r a t i v e R u l e s ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) 10.2.b Packet Pg. 698 At t a c h m e n t : S n o h o m i s h C o u n t y L o c a l V o t e r s ' P a m p h l e t A d m i n i s t r a t i v e R u l e s ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) 10.2.b Packet Pg. 699 At t a c h m e n t : S n o h o m i s h C o u n t y L o c a l V o t e r s ' P a m p h l e t A d m i n i s t r a t i v e R u l e s ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) 12This guide is for informational purposes only and does not take the place of local, state or federal laws. RCW, WAC and county code notations are offered as a reference. November 4 General Election Ballot Measures Resolutions due August 5 Explanatory statement due August 5 Pro/con committee appointments due August 5 Pro/con statements due August 14 Pro/con rebuttals due August 19 Local Voters' Pamphlet mailed October 15 Voter Registration Deadline Last day to register or update registration by mail/online October 27 Last day to register/update registration in Auditor's office November 4, 8 p.m. Voting/Ballot Mailing Military ballots mailed September 19 Accessible voting begins in office October 15 Ballot drop boxes open October 16 All other ballots mailed October 16 Last day to mail or return voted ballot November 4 General Election Day November 4 Certification of Election Results County certification November 25 State certification December 4 10.2.c Packet Pg. 700 At t a c h m e n t : N o v 4 E l e c t i o n S c h e d u l e ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) FOR IMMEDIATE RELEASE: July 9, 2025 To: Media Contact: Teresa Simanton | teresa.simanton@edmondswa.gov | 425-771-0248 City Seeks Residents for Pro/Con Committees for Nov. Levy Lid Lift Volunteer committees will draft statements for voters’ pamphlet (Edmonds – WA) At its July 8 meeting, the Edmonds City Council authorized a November ballot measure for a levy lid lift. In authorizing that the $14.5 million multi-year levy lid lift be placed on the November ballot, the council identified the particular needs of the City of Edmonds, the desires of the residents, and the property taxes paid by local taxpayers compared to similar jurisdictions. The city continues to face an unprecedented and significant budget deficit. The city has cut staff and programs, deferred repairs, used its reserves, borrowed internally and pursued additional revenue sources. The core issue is structural: revenue has not kept pace with inflation. This spring, the City Council held workshops and reviewed various scenarios related to a levy lid lift. Working with staff, council members also discussed numerous sources of non-property tax revenue to complement the levy lid lift. Pro/Con Committees The Edmonds City Council has the legislative responsibility to appoint two committees to write ballot measure argument statements that appear in the election voters’ pamphlet. The pro committee writes the statement supporting the measure; the con committee writes the statement opposing the measure. Each committee is allowed up to three volunteer members who must be current residents of Edmonds. Council President Neil Tibbott will work with the council to appoint these pro and con committees in advance of the county election office’s August 5, 2025, filing deadline. Individuals interested in serving on either committee can submit their application to City Clerk Scott Passey at scott.passey@edmondswa.gov by Monday, July 14, at 5 pm. Applicants must be current City of Edmonds residents. In their applications, they need to announce which committee – pro or con – they are applying for, provide a statement that supports their position, and whether they are willing to be the committee spokesperson. Please include your name, address, and phone number in your email. Late applications will not be accepted. ### City of Edmonds Media Release City Council ~ 121 5th Avenue North Edmonds, WA 98020 10.2.d Packet Pg. 701 At t a c h m e n t : L e v y P r o - C o n C o m m i t t e e s P r e s s R e l ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) From:Diane Buckshnis To:Passey, Scott Subject:Please put my name in for CON committee Date:Friday, July 11, 2025 5:47:31 PM Hello Scott, I would like to submit my name for the CON committee for the Levy. Diane Buckshnis Edmonds WA 98020 Diane’s cell 10.2.e Packet Pg. 702 At t a c h m e n t : B u c k s h n i s _ R e d a c t e d ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) 10.2.f Packet Pg. 703 At t a c h m e n t : G o f o r t h _ R e d a c t e d ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) this budget deficit in a sustainable way that doesn't cause homeowners to have toconsider selling due to property tax burden. We cannot just decide that people either payup at a 126% increase over multiple years, and then additional CPIU, or move. Or turntheir residential property into something that requires a rental portion to sustain. Wecan do better. We can innovate better. I am willing to help. Oh, and yes, I am happy to serve as a spokesperson were I to be selected to serve on thecon committee.Thank you so much,Melinda Goforth Edmonds, WA 98026 10.2.f Packet Pg. 704 At t a c h m e n t : G o f o r t h _ R e d a c t e d ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) Elise Hill Edmonds, WA 98020 Application to the Pro Committee for the Edmonds City Council $14.5 Million Levy Lid Lift STATEMENT: I am proud to submit my application to serve on the Pro Committee for the Edmonds $14.5 million levy lid lift. I am a resident living in the Bowl and a parent of two young children. My family and I moved to Edmonds because we wanted to raise our kids in this tight-knit, creative, beautiful, vibrant city. This levy is more than a budget decision. It is about keeping the vibrant Edmonds we know and love for future generations. Since Initiative 747 passed in 2001, limiting all Washington cities to just a 1% annual property tax increase, Edmonds has never exercised a levy lid lift to keep pace with inflation and rising costs. Our city now faces a significant structural deficit that threatens the services that make Edmonds vibrant, safe, and livable. This levy will help maintain and improve what we value most — our beloved parks and green spaces, safe streets and sidewalks, responsive police and emergency services, and effective planning that protects our unique character while preparing Edmonds to generate more revenue in the years ahead. Without this measure, we risk losing the community amenities and basic services that shape our quality of life. With it, we choose a future where Edmonds remains a place where families, seniors, and local businesses can thrive. Combined with other revenue strategies, this levy is a responsible and necessary path forward. Now, the power is in the hands of the voters. I look forward to working with our community to ensure everyone understands what is at stake and why this investment is vital to keeping Edmonds vibrant for generations to come. Yes, I am willing to be the committee spokesperson. 10.2.g Packet Pg. 705 At t a c h m e n t : H i l l _ R e d a c t e d ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) 10.2.g Packet Pg. 706 At t a c h m e n t : H i l l _ R e d a c t e d ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) 10.2.h Packet Pg. 707 At t a c h m e n t : L o p e z _ R e d a c t e d ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) 10.2.i Packet Pg. 708 At t a c h m e n t : M e s a r o s _ R e d a c t e d ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) 10.2.i Packet Pg. 709 At t a c h m e n t : M e s a r o s _ R e d a c t e d ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) 10.2.j Packet Pg. 710 At t a c h m e n t : M i l k e y _ R e d a c t e d ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) From:ROGER PENCE To:Passey, Scott Cc:Tibbott, Neil Subject:Committee application Date:Monday, July 14, 2025 10:27:28 AM Hi Scott, I am applying to become a member of the PRO committee for the upcoming levy lid lift vote. Given the current state of City finances, the $14.5 million amount is reasonable and appropriate. It's not so low ($6m) as to "kick the can down the road", and it's not so large ($19-21m) as to put all the burden on property taxpayers. I would be willing to serve as committee spokesperson. My contact information is below. -Roger Pence- Edmonds, WA 98020 10.2.k Packet Pg. 711 At t a c h m e n t : P e n c e _ R e d a c t e d ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) 10.2.l Packet Pg. 712 At t a c h m e n t : R e e v e s _ R e d a c t e d ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) From:Jeanne Thorsen To:Passey, Scott Subject:Application - Levi Pro Statement Committee Date:Monday, July 14, 2025 10:11:40 AM Attachments:Application-Levy Pro Statement.docx [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] Submitting my application. Please contact me if you have any questions or concerns. Jeanne Thorsen 10.2.m Packet Pg. 713 At t a c h m e n t : T h o r s e n _ R e d a c t e d ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e ) Jeanne Thorsen Edmonds 98020 I am applying to serve on the committee to write the Pro Statement for the upcoming multi-year levy lid lift measure. My husband and I are retired librarians. We have lived in Edmonds since the early 1980s. We are fortunate to live in this community and we value the ability to participate in volunteer activities and in local decisions. Currently, I serve on the Board of the Edmonds Center for the Arts and as President of the Sno-Isle Libraries Foundation. Previously I was President of Edmonds in Bloom and chaired its popular Garden Tour. While working as Director of Community Relations at King County Library System, I provided information for annexation measures, bond issues, and levy lid lifts. I retired as Executive Director of the library system’s Foundation. Passage of this measure is critical to sustain services at the level we expect from our city. We need stable city services. We rely on these services to grow our businesses and families. Current revenues are not sufficient to cover the rising costs of providing necessary public safety, care for parks and open spaces, and fund other basic services including public utilities, maintaining streets and sidewalks, and promoting cultural events. With community involvement, a flourishing business community, and the tax revenues provided by this measure, Edmonds will thrive. Passage of this multi-year lid lift will provide revenues to sustain vital city services and benefit residents throughout the entire Edmonds community. I would be honored to be selected to serve on the Pro Statement Committee. 10.2.m Packet Pg. 714 At t a c h m e n t : T h o r s e n _ R e d a c t e d ( P r o / C o n C o m m i t t e e S e l e c t i o n f o r L e v y L i d L i f t B a l l o t M e a s u r e )